5.5 Monitoring and Enforcement of Licensing and Health and Safety Requirements

5.5.1 Inspections for licensed CCDF providers Licensing inspectors must perform at least one annual, unannounced inspection of each licensed CCDF provider for compliance with all child care licensing standards, including an inspection for compliance with health and safety and fire standards. Lead Agencies must conduct at least one pre-licensure inspection for compliance with health, safety, and fire standards of each child care provider and facility in the State/Territory. a. Licensed CCDF center-based providers i. Does your pre-licensure inspection for licensed center-based providers assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed center- based providers addressing compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: CDD has implemented a comprehensive compliance checklist that covers all health and safety standards currently contained in our regulations. CDD received non-compliance notice on March 11, 2024, VT does not currently monitor Emergency Preparedness and response planning: reunification with families, VT does not monitor for pre-service/orientation training that includes all of the required health and safety topics, VT does not monitor on ongoing training requirements for all substitutes in CCDF-eligible programs, and VT does not monitor on immunization requirements for non-recurring care service providers. This finding of non-compliance will be addressed as a part of revising Vermont’s licensing Rules. At this time, CDD anticipates that Licensing rule promulgation will not be complete until Summer 2025 iv. Identify which department or agency is responsible for completing the inspections for licensed center-based providers. CDD is responsible for completing the inspection for licensed center-based providers. b. Licensed CCDF family child care providers i. Does your pre-licensure inspection for licensed family child care homes assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed family child care homes addressing compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: CDD has implemented a comprehensive compliance checklist that covers all health and safety standards currently contained in our regulations. CDD received non-compliance notice on March 11, 2024, VT does not currently monitor Emergency Preparedness and response planning: reunification with families, VT does not monitor for pre-service/orientation training that includes all of the required health and safety topics, and VT does not monitor on ongoing training requirements for all substitutes in CCDF-eligible programs. This finding of non-compliance will be addressed as a part of revising Vermont’s licensing Rules. At this time, CDD anticipates that Licensing rule promulgation will not be complete until Summer 2025. iv. Identify which department or agency is responsible for completing the inspections for licensed family child care providers. CDD is responsible for completing the inspections for licensed family care providers. c. Licensed in-home CCDF child care providers i. Does your Lead Agency license CCDF in-home child care (care in the child’s own home) providers? [x] No. [ ] Yes. If yes, does your pre-licensure inspection for licensed in-home providers assess compliance with health, safety, and fire standards? [ ] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed in-home child care providers for compliance with health, safety, and fire standards completed: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: Because Vermont does not license in-home providers, no inspections are conducted by CDD. iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed in-home child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iv. Identify which department or agency is responsible for completing the inspections for licensed in-home providers. N/A 5.5.2 Inspections for license-exempt providers Licensing inspectors must perform at least one annual monitoring visit of each license-exempt CCDF provider for compliance with health, safety, and fire standards. Inspections for relative providers will be addressed in subsection 5.8. Describe the policies and practices for the annual monitoring of: a. License-exempt CCDF center-based child care providers i. Identify the frequency of inspections for compliance with health, safety, and fire standards for license-exempt center-based providers: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: Vermont does not have license-exempt providers. ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt center-based CCDF providers. N/A b. License-exempt CCDF family child care providers i. Identify the frequency of the inspections of license-exempt family child care providers to determine compliance with health, safety, and fire standards: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: Vermont does not have license-exempt providers. ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt family child care providers. N/A 5.5.3 Inspections for CCDF license-exempt in-home child care providers Lead Agencies may develop alternate monitoring requirements for care provided in the child’s home that are appropriate to the setting. This flexibility cannot be used to bypass the monitoring requirement altogether. a. Describe the requirements for the annual monitoring of CCDF license-exempt in-home child care (care in the child’s own home) providers, including if monitoring is announced or unannounced, occurs more frequently than once per year, and if differential monitoring procedures are used. Vermont’s only allowable license-exempt in-home care are approved relative child care providers (ARCC). b. List the entity(ies) in your State/Territory responsible for conducting inspections of license-exempt CCDF in-home child care (care in the child’s own home) providers: N/A 5.5.4 Posting monitoring and inspection reports Lead Agencies must post monitoring and inspection reports on their consumer education website for each licensed and CCDF child care provider, except in cases where the provider is related to all the children in their care. These reports must include the results of required annual monitoring visits and visits due to major substantiated complaints about a provider’s failure to comply with health and safety requirements and child care policies. A full report covers everything in the monitoring visit, including areas of compliance and non-compliance. If the Lead Agency does not produce any reports that include areas of compliance, the website must include information about all areas covered by a monitoring visit. The reports must be in plain language or provide a plain language summary Lead Agency and be timely to ensure that the results of the reports are available and easily understood by parents when they are deciding on a child care provider. Lead Agencies must post at least 3 years of monitoring and inspection reports. a. Does the Lead Agency post: i. [x] Pre-licensing inspection reports for licensed programs. ii. [ ] Full monitoring and inspection reports that include areas of compliance and non-compliance for all non-relative providers eligible to provide CCDF services. iii. [ ] Monitoring and inspection reports that include areas of non-compliance only, with information about all areas covered by a monitoring visit posted separately on the website (e.g., a blank checklist used by monitors) for all non-relative providers eligible to provide CCDF services. If checked, provide a direct URL/website link to the website where a blank checklist is posted: iv. [x] Other. Describe: CDD received non-compliance notice on March 11, 2024, for not publicly posting pre-licensure inspection reports nor a full inspection report for any CCDF provider type. CDD has shifted its practice of completing pre- licensure inspection reports from technical assistance reports, to site visit reports which can be accessed by the public. CDD has reinstituted the practice of adding talking points to the annual inspection reports. However, this feature within BFIS does not publish to the public Consumer Education portal. BFIS also does not allow for this feature to be enabled, so that the public can view completed inspection reports. CDD will bring Vermont into compliance with 98.33(a)(4) through the development of a Licensing Module within CDDIS that will address this deficit. Completion of this module is not expected until 2026. At this time, the CDD acknowledges that Vermont is not in full compliance with this requirement. b. Check if the monitoring and inspection reports and any related plain language summaries include: i. [x] Date of inspection. ii. [x] Health and safety violations, including those violations that resulted in fatalities or serious injuries occurring at the provider. Describe how these health and safety violations are prominently displayed: All violations are listed at the top of every site visit report in the BFIS public portal. iii. [x] Corrective action plans taken by the Lead Agency and/or child care provider. Describe: Corrective action and the factual basis for the violation and action due date, as well as an action completed date and status are available to the public. iv. [x] A minimum of 3 years of results, where available. v. If any of the components above are not selected, please explain: N/A c. Lead Agencies must post monitoring and inspection reports and/or any related summaries in a timely manner. i. Provide the direct URL/website link to where the reports are posted: http://www.brightfutures.dcf.state.vt.us/vtcc/reset.do?0Mmr3gjumkz13- SgYEjWekr3%3dxguw3YEa.aU7zaju.xnn.xGOG0-Oh- OS%2bGO%256UhD%256U00.SDGgwEkeUs3peYY.wjRszYgwUVm31mLUjsegsUWV jUVm3mWgwkmpwUVm31mLUjsegkz13SqS0dSShG0SDG_O ii. Identify the Lead Agency’s established timeline for posting monitoring reports and describe how it is timely: Monitoring reports are completed and posted to the public portal within ten (10) business days of the inspection. d. Does the Lead Agency certify that the monitoring and inspection reports or the summaries are in plain language that is understandable to parents and other consumers? [x] Yes. [ ] No. If no, describe: e. Does the Lead Agency certify that there is a process for correcting inaccuracies in the monitoring and inspection reports? [x] Yes. [ ] No. If no, describe: f. Does the Lead Agency maintain monitoring and inspection reports on the consumer education website? [x] Yes. [ ] No. If no, describe: 5.5.5 Qualifications and training of licensing inspectors Lead Agencies must ensure that individuals who are hired as licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified to inspect child care providers and facilities and have received health and safety training appropriate to the provider setting and age of the children served. Describe how the Lead Agency ensures that licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified and have received training on health and safety requirements that are appropriate to the age of the children in care and the type of provider setting. The qualifications for a Licensing Field Specialist I are as follows: "Education: Bachelor’s degree in early childhood, elementary education, social work, human services, child development, or related field and Experience: two years or more of successful experience at a professional level in early childhood or elementary education, regulated childcare, or child welfare involving administration, regulation, supervision and/or teaching." OR " Education: Associate degree in early childhood, human services, child development, or related field and Experience: four years or more of successful experience at a professional level in early childhood or elementary education, regulated childcare, or child welfare involving administration, regulation, or supervision and/or teaching." The qualifications for a Licensing Field Specialist II are as follows: Education: "bachelor’s degree in early childhood, elementary education, social work, human services, child development, or related field and Experience: two years or more of successful experience as a childcare regulator." OR ￿Education: Associate degree in early childhood, human services, child development, or related field and Education: two years or more of successful experience as a childcare regulator.￿ Once an individual has been hired as a Licensing Field Specialist I with the foundational education and experience, we provide a 4 - 6-month mentor led training experience that includes training on health and safety requirements that are age appropriate to the age of children in care and provider setting. A Licensing Field Specialist II serves as a mentor for a new Licensing Field Specialist I. For 4 - 6 months, they work together each day until the new Licensing Field Specialist I is assessed by the licensing supervisor and determined to have solid knowledge and skills. During a new Licensing Field Specialist I’s training, they begin taking the National Association for Regulatory Administration ("NARA") online regulator courses. All four courses are required to be completed and the Licensing Field Specialist is required to obtain NARA’s Regulatory Credential. Our community partners (e.g., Division of Fire Safety, Vermont Department of Health, etc.) also assist us with providing this training both within the classroom as well as on an on-call basis when their expertise will assist us with assessing child safety. In some instances, our community partner joins us on a licensing visit. Once an individual has been hired as a Licensing Field Specialist I with the foundational education and experience, we provide a 4￿6-month mentor led training experience that includes training on health and safety requirements that are age appropriate to the age of children in care and provider setting. A Licensing Field Specialist II serves as a mentor for a new Licensing Field Specialist I. For 4-6 months, they work together each day until the new Licensing Field Specialist I is assessed by the licensing supervisor and determined to have solid knowledge and skills. During a new Licensing Field Specialist I’s training, they begin taking the NARA online regulator courses. All four courses are required to be completed and the Licensing Field Specialist is required to obtain NARA’s Regulatory Credential. Our community partners (e.g., Division of Fire Safety, Vermont Department of Health, etc.) also assist us with providing this training both within the classroom as well as on an on-call basis when their expertise will assist us with assessing child safety. In some instances, our community partner joins us on a licensing visit. 5.5.6 Ratio of licensing inspectors Lead Agencies must ensure the ratio of licensing inspectors to child care providers and facilities in the State/Territory are maintained at a level sufficient to enable the Lead Agency to conduct effective inspections of child care providers and facilities on a timely basis in accordance with federal, State, and local laws. Provide the ratio of licensing inspectors to child care providers (i.e., number of inspectors per number of child care providers) and facilities in the State/Territory and include how the ratio is sufficient to conduct effective inspections on a timely basis. In Vermont we currently have a one to eighty-seven (1:87) ratio of licensors to child care providers, with a total of twelve (12) licensors working full-time for CDD. We are able to complete timely annual compliance visits to each program due to using CCDF funds to pay for three (3) limited services licensor positions; without the addition of these three (3) licensors we would not be able to meet the federal requirement of annual compliance visits to every licensed child care provider in the state.