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However, to ensure that no further misunderstanding occurs, OSSE has further clarified this in the final rule by adding “may” to §128.3 so that it now reads “Unusual incidents may include, but are not limited to, the following”.

Another comment noted that OSSE should require training on what constitutes “reasonable cause” if that is what the reporting requirement in § 128.5 is based upon. OSSE already requires such training as provided in Section 147.2(a), which states that a licensee must provide “training to all staff upon initial hire and annually thereafter regarding the Facility's policies and procedures relating to child abuse, neglect, and risk to a child's health, safety or welfare, including to whom and how to report suspected abuse, neglect, or risk to a child's health, safety, or welfare.”

Recordkeeping Requirements for Children Section 130 provides the recordkeeping requirements for a child enrolled at the facility. These records are necessary to protect the health and safety of children in care as operational control requires that information regarding each child in care be kept and made available on a need-to- know basis.

One commenter requested that OSSE clarify how we define “complete record” in § 130.3 and if “complete record” includes all documents listed in § 130.2. A complete record includes all documents listed in § 130.2 Another commenter sought clarification as to whether the record may be maintained digitally. One commenter noted that the language “in the form provided by or approved by OSSE” indicates that the record may only be maintained in hard copy. However, the final rule maintains that records shall be maintained “in a secured location with limited access,” but do not specifically dictate the form they are to be maintained. Accordingly, a facility may maintain records in hard copy or digitally, so long as the records are maintained in a secure location with limited access.

Another commenter sought clarity as to whether a record of the daily menu plan was required if children were bringing their own food from home, or if a document shared with families providing the USDA nutrition requirements was acceptable. In response to this request for clarification, OSSE added “if the facility provides any meals or snacks to children” to § 130.8.

Recordkeeping Requirements for Staff Similar to 130, the following section, § 131, provides the requirements for records a Facility must maintain on all staff members. The State Superintendent received comments that the information required for the staff member’s record contained substantial personal information. One commenter questioned whether such information was necessary. Another commenter asked what if the staff member refuses to provide the required physical exams in § 131.5. The State Superintendent considered these comments and made one minor clarifying change by striking “results of” and inserting “Documentation of” in its place for §§ 131.5(a) and (b). Complete identification of staff, whether paid or volunteer, is an essential step in safeguarding children in care. Caring for Our Children emphasizes that maintaining complete records on each staff person employed at a facility is a sound administrative practice. In addition, OSSE may use these records to ensure applicable licensing requirements are met, such as identifying information, educational qualifications, health assessment on file, record of continuing education, signed