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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 5486 (August 26, 2023).

55 Pa. Code § 3290.113. Supervision of children.

§ 3290.113. Supervision of children.

 (a)  Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in § §  3290.51 and 3290.52 (relating to maximum number of children; and ratio requirement).

 (b)  A facility person may not use any form of physical punishment including spanking a child.

 (c)  A facility person may not single out a child for ridicule, threaten harm to the child or the child’s family and may not specifically aim to degrade the child or the child’s family.

 (d)  A facility person may not use harsh, demeaning or abusive language in the presence of children.

 (e)  A facility person may not restrain a child by using bonds, ties or straps to restrict a child’s movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.

 (f)  When there is only one operator present in the family child care home and the operator is unable to be physically present with the children because the operator is preparing snacks or meals for children in care or the operator is using the restroom, the operator may comply with the supervision requirement in subsection (a) through the use of an electronic monitor, camera, mirror, or other device or method so the operator can see, hear, direct and assess the children in real time at all times.

   (1)  Supervision by a device or method under subsection (f) is permitted only for a reasonable period of time necessary for the operator to perform the specific task.

   (2)  The operator shall remain on the family child care home premises while supervising children by a device or method under subsection (f).

   (3)  A family child care home operator that provides supervision under this subsection shall include it in its supervision policies under §  3290.121(a) (relating to application).

 (g)  When a family child care home operator provides services for 24 hours per day, the operator may not work for a period of more than 16 hours in a 24-hour time period. The operator must secure a designated staff person to ensure that there is appropriate supervision as required in subsection (a).


   The provisions of this §  3290.113 amended under Articles IX and X of the Human Services Code (62 P.S. § §  901—922 and 1001—1088).


   The provisions of this §  3290.113 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial pages (335139) to (335140).

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