TITLE
8 - CHILDREN AND FAMILIES
CHAPTER
11
CHILD CARE
| Subchapter |
Section
|
| I.
General Provisions |
901
|
| II.
Child Care Centers |
1401
|
Historical
and Statutory Notes
The preliminary
provisions to Band Statutes 1019-MLC-46 and 9503-MLC-46 provide:
"ADOPTION
OF LICENSE STANDARDS GOVERNING CHILD CARE
CENTERS BY THE MILLE LACS BAND OF CHIPPEWA
"SUBJECT:
"Adoption
of License Standards Governing Child Care Centers, on Chippewa Band
Reservations.
"BACKGROUND
"The
Tribe is a separate sovereign Indian tribe recognized under the laws
of the United States and the State of Minnesota. Pursuant to 25 U.S.C.
2701-2721 and Minn. Stat. Section 3.9221, the Tribe has negotiated and
entered into a "Tribal-State Compact" (the "Compact") with respect to
certain class III gambling. The Tribe wishes to provide child care to
the patrons and customers of the Casino.
"I.
PURPOSE
"The
purpose of this bulletin is to inform service providers of the rules
and regulations governing child care centers operating on or near Chippewa
land.
"II.
AUTHORITY
"The
Tribe has established standards under which an individual, corporation,
partnership voluntary association or other organization must be authorized
by the band to operate a group child care enter on reservation land.
The band will adopt and implement laws that govern the child care operation.
"III.
TIMELINES FOR IMPLEMENTATION
"These
laws become effective May I, 1992."
Cross
References
Gaming control, see 15 MLBSA § 1 et
seq.
Wage deductions, see 24 MLBSA § 3308.
SUBCHAPTER
I
GENERAL PROVISIONS
| Part |
|
Section
|
| A. |
Definitions
|
901
|
| B. |
Licensing
Standards and Procedures |
941
|
| C. |
Facility |
971
|
| D. |
Program |
1001
|
| E. |
Health |
1041
|
| F. |
Nutrition |
1071
|
| G. |
Safety |
1101
|
| H. |
Admissions |
1141
|
| I. |
Administration
and Management |
1171
|
| J. |
Staff
Requirements |
1201
|
| K. |
Program
Operation |
1241
|
| L. |
Insurance |
1271
|
| M. |
Financial
Records |
1301
|
| N. |
Day
Care Learning Centers Serving Special Needs Children |
1341
|
| O. |
Waiver |
1371
|
Historical
and Statutory Notes
The enacting
clause of Band Statute 1019-MLC-46 provides:
"It
is enacted by the Mille Lacs Reservation Business Committee, of the
Mille Laces Band of Chippewa Indians, in order to exercise a more
effective form of tribal government to regulate the operation of Child
Care Centers."
Part
A
Definitions
Section
901. Definitions.
§ 901. Definitions
The
Mille Lacs Reservation Business Committee hereby establishes that the
following definition of terms be utilized when interpreting this subchapter.
(a)
"Applicant": Individual[s] who have submitted a signed and dated application
form to the agency.
(b)
"Child": Any person who is under the age of ten. Age groupings are:
(1)
Infant-Birth through 15 months.
(2)
Toddler-16 months through 36 months.
(3)
Preschool-37 months through 5 years.
(4)
School Age-6 years through 10 years.
(c)
"Coordinator": Person responsible for all aspects of the operation
of the group-day-care center, [e.g.] administrative duties, staff
supervision and training, record keeping, program planning, budgeting,
and liaison with local agencies.
(d)
"Day Care": The care of children outside of their home for part of
a 24 hour day by persons unrelated to them by blood or marriage.
(e)
"Delegated Staff Division": Referring to the interoffice delegation
of duties and responsibilities by Mille Lacs Reservation Business
Committee.
(f)
"Facility": Physical environment in which group-day-care takes place.
(g)
"Family Day-Care-Home": [Private home licensed for child care]. Serve
only as many children as it can integrate into its own physical setting
and pattern of living. A family day-care-home may serve no more than
6 children [3-14 years] in total [no more than 5 when the age range
is infancy through 6], including the family-day-care mother's own
children. [Federal Requirements].
(h) "Federal
Requirements": Those portions of the standards binding upon the agency
but not upon the provider, are so marked. Failure of the agency to
meet one or more federal requirements is not a defense for the provider's
failure to meet provider requirements.
(i) "License":
The document issued by the R.B.C. authorizing the applicant to provide
child care.
(j) "License
Capacity": Maximum number of children who can be in attendance at
a center at a given time depending upon adult to child ratios as set
forth in these standards.
(k) "Mille
Lacs Reservation Child Care licensing Committee": A selected group
of individuals, with advisory powers only, appointed by the R.B.C.
to advise on the implementation on the issuance and enforcement of
the Mille Lacs R.B.C. Child Care Ordinance and Child Care Standards.
(l) "Program":
A combination of activities that, taken together, constitute the non-physical
environment of a center, are part of the program.
(m) "R.B.C.":
The Reservation Business Committee (R.B.C.) is the duly elected and
federally recognized governing body of the Mille Lacs Reservation.
The R.B.C. Is composed of five members: a Chairman, a Secretary/Treasurer,
and three District Representatives.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 1.
Cross
References
Reservation
Business Committee, legislative authority to be exercised by Band Assembly,
see 3 MLBSA § 1.
Part
B
Licensing
Standards and Procedures
Section
941. Establishment of standards and procedures.
942. Application form.
943. Notice of rules and standards.
944. Evaluation of application and issuance of license.
945. Term and contents of license.
946. Provisional license.
947. Changes in terms of license.
948. Complaints.
949. Access to facility for evaluation.
950. Notice of closure of group child care center.
951. Waiver of regulations.
952. Noncompliance.
§ 941 Establishment of standards and procedures
The Mille
Lacs Reservation Business Committee hereby establishes that the child
care licensing standards and procedures in this Part B be utilized.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 2.
§ 942. Application form
Application for license shall be made on the Application Form issued
by the R.B.C. This form shall be obtained from the designated staff
division of the Mille Lacs Reservation.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 2.01.
§ 943. Notice of rules and standards
Every Applicant shall be furnished with a copy of these rules and standards.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 2.04.
§ 944. Evaluation of application and issuance of license
(a)
The signed and completed application form, including all supporting
documentation, shall be evaluated within 30 days based upon these
established standards by the Mille Lacs Reservation Child Care Licensing
Committee. Based upon the recommendation of this committee, the R.B.C.
will determine if a child care license will be issued.
(b)
All applicants for a child care license will be reviewed and evaluated
by the Mille Lacs Reservation Child Care Licensing Committee. This
committee will make a determination in the form of a recommendation
to issue an Unconditional license, or issue a Provisional license,
or deny the issuance of a license. The recommendation shall be forwarded
to the Secretary/Treasurer of the Mille Lacs R.B.C. in writing, signed
by the Child Care Chairperson. The R.B.C. shall act on said recommendation
no later than its next regular scheduled meeting. Each applicant will
be notified within five days in writing by certified Mail, by the
Secretary/Treasurer of the Mille Lacs R.B.C., of their decision.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, §§ 2.02, 2.07.
§ 945. Term and contents of license
(a)
No child care license may be issued for more than one year. [Federal
requirements]. The license shall state the dates of validity, the
maximum number of children to be present in the specific program areas,
as well as the total program at any one time, the ages, and the hours
of operation. The hours must be posted in a conspicuous place on the
premises.
(b)
Every license shall specify the kind of license and the maximum number
of children per section to be provided care at any one time.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, §§ 2.02, 2.08.
§ 946. Provisional license
A provisional license may be issued to all new group child care centers
for a designated period. A provisional license may be granted for up
to one year to a new group child care center that meets necessary health,
safety, and insurance requirements but does not meet all requirements
for licensure.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 2.09.
§ 947. Changes in terms of license
Any changes in the terms of the license based on a recommendation of
the Child Care Licensing Committee must receive prior approval from
the Child Care Licensing Committee and formal approval from the Mille
Lacs R.B.C.
Historical
and Statutory Notes
Source:Band
Statute 1019-MLC-46, § 2.03.
§ 948. Complaints
All written complaints shall be addressed to the Program Coordinator.
If no satisfaction is found, the complainant may appeal to the Area
Administrator. If no satisfaction is found, the complainant may appeal
to the Executive Director. If no satisfaction is found, the complainant
may appeal to the R.B.C. through the Mille Lacs Reservation Child Care
Licensing Committee. The decision of the R.B.C. Is final.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 2.06.
§ 949. Access to facility for evaluation
The Mille Lacs Reservation Child Care Licensing Committee, the Commissioner
of Administration, and any applicable area administrator[s], may have
access to the child care facility for evaluation at any time during
normal working hours and at other times by mutual agreement. For the
purpose of investigating any written complaints concerning the health
and safety of the children, the above group and/or individual[s] as
well as the Mille Lacs R.B.C. Shall have access to the child care facility
at any time during a twenty-four hour day. Any complaint concerning
a Child Care Facility shall be investigated immediately. [Federal Requirement].
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46, § 2.05.
Cross References
Access
by Band, child care centers, see 8 MLBSA § 1602.
§ 950. Notice of closure of group child care center
Notice
of the closure of a Group Child Care Center must be sent to the R.B.C.
and its license must be returned.
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46, § 2.10.
§ 951. Waiver of regulations
Specific
regulations may be waived with the advanced written approval of the
R.B.C. according to the procedure established for such waiver, provided
that the health and safety of the children is assured. The granting
of a waiver shall not constitute a precedent for any other child care
center. No waiver shall be valid for more than one year.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 2.11.
§ 952. Noncompliance
Failure,
or refusal to comply with any aspect of this chapter shall be cause
for denial, non-renewal, or revocation of license. Under non-compliance,
items the R.B.C. Will notify all funding agencies, state agencies, and
local communities stating the cause for denial.
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46, § 2.12.
Part C
Facility
Section
971. Requirement that facilities be provided.
972. Indian Health Service guidelines.
973. Approval of plans.
974. Minimum usable space.
975. Stairways and corridors.
976. Toilets and washbowls.
977. Emergency items.
978. Heating system.
979. Storage of medications and poisonous items.
980. Space used by ill children.
981. Floors.
982. Cleanliness and good repair.
983. Cots, cribs and playpens.
984. Equipment and furniture.
§ 971. Requirement that facilities be provided
The Mille Lacs Reservation Business Committee hereby establishes that
the child care facilities delineated in this Part C be provided.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 3.
Cross
References
Child care centers, facilities and equipment, see 8
MLBSA § 1471 et seq.
§ 972. Indian Health Service guidelines
The facility and grounds used by the children must meet the guidelines
established by Indian Health Service (I.H.S.). Any and all such standards
set by the I.H.S., Shall be designed to protect the requirements of
the appropriate safety and sanitation authorities to include the health
and safety of all persons who occupy the building.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.01.
§ 973. Approval of plans
Prior to construction or renovation of a proposed child care facility
the architectural plans must be approved in writing by a designated
I.H.S. facility inspector.
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46 § 3.02.
§ 974. Minimum usable space
There
shall be a minimum of 35 square feet of usable floor space [primary
space] per child in attendance, exclusive of hallways, bathrooms, lockers,
kitchens, and floor space occupied by stationary equipment, but including
equipment and furnishings regularly used by children. [Program flexibility
and child movement needs require that adequate space be available].
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.03.
Cross References
Child
care centers, indoor space, see 8 MLBSA § 1471.
§ 975. Stairways and corridors
All
stairways and corridors leading to exits shall be kept clear and free
from obstructions at all times.
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.04.
§ 976. Toilets and washbowls
(a) Adequate
toilet and one washbowl provided in a well ventilated place.
(b)
There must be at least one toilet and one washbowl provided for each
15 children and one additional toilet and washbowl for each additional
child or fraction thereof.
(c)
Toilets and washbowls must be adequate, conveniently installed and
accessible; properly designated and installed for the appropriate
age group.
(d)
Training chairs, instead of the required number of toilets must be
provided for toddlers.
Historical and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.05.
Cross References
Cleanliness
and sanitation, child care centers, see 8 MLBSA §
1510.
§ 977. Emergency items
A first-aid
kit and flashlight shall be available in every day care center for emergency
use.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.06.
Cross
References
Emergency
equipment, child care centers, see 8 MLBSA § 1506.
First-aid kit, child care centers, see 8 MLBSA §
1505.
First-aid kit, see 8 MLBSA § 1048.
First-aid training, see 8 MLBSA § 1044.
§ 978. Heating system
The heating
system shall be of a size and capacity to maintain a minimum temperature
of 68 degrees or a maximum of 72 degrees in all rooms.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.07.
Cross
References
Child care
centers, room temperature, see 8 MLBSA § 1472.
§ 979. Storage of medications and poisonous items
All medications
for the children in the Child Care Center shall be kept under lock at
all times, those medications which require refrigeration shall be kept
in a cooling unit which is secure. All household cleaning supplies and
other poisonous items shall be kept in a safe and secure place.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 3.08.
Cross
References
Administration
of medicine, diapering products, sunscreen lotions and insect repellents,
child care centers, see 8 MLBSA § 1511.
Hazardous areas, conditions and objects, child care centers, see 8
MLBSA § 1509.
Medication of children, see 8 MLBSA § 1047.
§ 980. Space used by ill children
Space
designated for use by an ill child need not be permanently arranged
but shall be:
(a) Used
only for other compatible purposes: (e.g.) private office, library,
staff's room or,
(b) Effectively
protected from the main activity area and screening, and,
(c) Equipped
with a child's cot, and,
(d) At
no time shall an ill child be left without supervision.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46. § 3.10.
Cross
References
Children
who become ill, see 8 MLBSA § 1046.
Children with communicable diseases, see 8 MLBSA §
1045.
Exclusion of sick children, child care centers, see 8
MLBSA § 1512.
§981. Floors
Floors
must be kept clean at all times, must not have splinters, cracks, or
broken linoleum, and must not be hazardous. Concrete floors shall be
tiled, carpeted, or cushioned.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.11.
Cross
References
Cleanliness
and sanitation, child care centers, see 8 MLBSA §
1510.
Hazardous areas, conditions and objects, child care centers, see 8
MLBSA § 1509.
§ 982. Cleanliness and good repair
Premises
shall be kept clean and sanitary. The facility and equipment must also
be kept in good repair, with no peeling paint, and free from all debris
and litter.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.12.
Cross
References
Cleanliness
and sanitation, child care centers, see 8 MLBSA §
1510.
Hazardous areas, conditions and objects, child care centers, see 8
MLBSA § 1509.
Painted surfaces, safety, see 8 MLBSA § 1110.
§ 983. Cots, cribs and playpens
A cot
or crib must be provided for each child taking a nap in a program that
includes rest. Adequate space and accessibility of exit must be maintained,
Infants must be provided with cribs or padded playpens, regardless of
type or duration of program. An Indian swing is permissible under these
standards.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 3.13.
§ 984. Equipment and furniture
All equipment
and furniture must be designed for the age group and be substantial,
easy to clean, and free from sharp points or corners, splinters, or
paint that contains lead.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 3.14.
Cross
References
Program,
equipment and materials, see 8 MLBSA § 1005.
Safety, furniture, equipment and toys, see 8 MLBSA §1109.
Part
D
Program
Section
1001. Program guidelines established.
1002. Harmony with life style and cultural experience.
1003. Daily schedule.
1004. Punishment.
1005. Equipment and materials.
Cross
References
Program,
child care centers, see 8 MLBSA § 1571 et seq.
§ 1001. Program guidelines established
The Mille Lacs Reservation Business Committee hereby establishes that
the program guidelines in this Part D be followed for child care centers.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 4.
§ 1002. Harmony with life style and cultural experience
The program
provides experience in harmony with life style and cultural background
of the children. The cultural diversity of the children is reflected
in the program through incorporation of their languages, food celebrations,
lifestyles and child-rearing practices.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 4.01.
§ 1003. Daily schedule
The program daily schedule shall include the following guidelines and
instructions:
(a)
Each care giver in charge of a group of children must follow written
schedules of daily activities which includes time for meals, snacks,
sleep, toileting, and indoor/outdoor play, where applicable.
(b)
Each facility includes a designated area which a child can sit quietly
or lie down to rest. A nap period is provided for children who need
it and for children unable to sleep, time and space for rest and quiet
play are available.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 4.02.
§ 1004. Punishment
Care givers do not use spanking or other forms of corporal punishment
or any other technique which is humiliating, shaming, frightening, or
otherwise damaging to the children. Punishment is not associated with
food, rest, toilet training or isolation for illness. All facilities
should utilize the concept of positive reinforcement.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 4.03.
Cross
References
Behavior guidance, child care centers, see 8 MLBSA §
1573.
§ 1005. Equipment and materials
The following guides for equipment and materials should be followed
in a child care center:
(a)
The quantity of materials and equipment is sufficient to avoid excessive
competition and long waits.
(b)
Materials and equipment are of sufficient quantity to provide for
a variety of experiences and appeal at the individuals interest of
the children in care.
(c)
Protected areas are provided, free from traffic by children and adults,
where equipment and materials can be used with minimal interference.
(d)
Materials are stored in an orderly way, are attractive and accessible
to children, and are arranged so that children may select, remove,
and replace them either independently or with assistance.
(e) Furniture
is durable and safe, and is child-size or approximately adapted for
children's ages.
(f)
Non-durable consumable equipment such as books, games, or materials
and other easily breakable or lost education or recreation equipment
must be replaced as needed through the programs operation year.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 4.04.
Cross
References
Facility,
equipment and furniture, see 8 MLBSA § 984.
Safety, furniture, equipment and toys, see 8 MLBSA §
1109.
Part
E
Health
Section
1041. Health guidelines established.
1042. Health responsibilities.
1043. Information obtained from parents.
1044. First-aid training.
1045. Children with communicable diseases.
1046. Children who become ill.
1047. Medication.
1048. First-aid kit.
Cross
References
Child care
centers, health and safety, see 8 MLBSA § 1501
et seq.
Information and instruction from parents, see 8 MLBSA
§ 1143.
§ 1041. Health guidelines established
The Mille
Lacs Reservation Business Committee hereby establishes the health guidelines
in this Part E to be followed for child care centers.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 5.
§ 1042. Health responsibilities
The director,
or designated personnel, of each program shall be responsible for observation
of health and development of children, handling illness at the center,
accident prevention and emergency procedures, and keeping health records
complete.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 5.01.
§ 1043. Information obtained from parents
Written
evidence will be obtained from each parent of the following information:
(a) Emergency
contact information on each child, including written permission for
each child to receive emergency treatment.
(b) Proof
of immunizations appropriate for the child's age.
(c) Any
prescriptions or medications which the child is currently taking.
(d) Tuberculosis
testing results which have been competed within six (6) months.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 5.02.
§ 1044. First-aid training
All staff
personnel are required to possess or participate in no less than ten
(10) hours of first-aid training conducted by a certified individual.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 5.03.
Cross
References
Safety,
see 8 MLBSA § 1101 et seq.
§ 1045. Children with communicable diseases
Children
with communicable diseases are to be kept at home. Such children must
have written permission from their doctor to return to the program.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 5.04.
Cross
References
Exclusion
of sick children, child care centers, see 8 MLBSA §
1512.
§ 1046. Children who become ill
Child
care centers must provide care for a child who becomes ill. Supervision
must be provided until the child is picked up by the authorized person[s].
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 3.09.
Cross
References
Exclusion
of sick children, see 8 MLBSA § 1512.
Space used by ill children, see 8 MLBSA § 980.
§ 1047. Medication
When a
child is to be given oral or surface medication, written instructions
by a physician or dentist must be provided and written authorization
to administer medication must be given by parent. Medication must be
labeled, stored under lock and/or out of reach of children.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 5.05.
Cross
References
Administration
of medicine, child care centers, see 8 MLBSA §
1511.
Storage of medications, see 8 MLBSA § 979.
§ 1048. First-aid kit
A ten-unit
first-aid kit and directions for its use must be available.
Historical
and Statutory Notes
Source:Band Statute 1019-MLC-46, § 5.06.
Cross
References
Child care
centers, first aid kit, see 8 MLBSA § 1505.
Emergency items, see 8 MLBSA § 977.
Part
F
Nutrition
Section
1071. Nutrition guidelines established.
1072. Meals and snacks.
1073. Sanitary food-handling.
1074. Diet of infant.
1075. Drinking water.
1076. Staff to eat with children.
1077. Nutritionist.
§ 1071. Nutrition guidelines established
The Mille Lacs Reservation Business Committee hereby establishes that
the nutrition guidelines in this Part F be followed for child care centers.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 6.
§ 1072. Meals and snacks
All group
child care centers must provide or ensure the availability of adequate
and nutritious meals and snacks appropriate for the ages and needs of
the children served. Each regular meal and two snacks or two meals and
one snack shall be provided daily for each child in care five through
eight hours.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 6.01.
Cross
References
Availability
of meals and snacks, child care centers, see 8 MLBSA
§ 1541.
§ 1073 Sanitary food-handling
All group
child care center personnel shall understand sanitation and methods
of handling, preparing, and serving food in a safe and sanitary manner.
Historical
and Statutory Notes
Source:Band Statute 1019-MLC-46, § 6.02.
Cross
References
Sanitation,
food, child care centers, see 8 MLBSA §1545.
§ 1074. Diet of infant
The
diet of an infant shall be determined by the child's parents, along
with written diet instructions.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 6.03.
Cross
References
Infant
diets, child care centers, see 8 MLBSA § 1544.
Information and instruction from parents, see 8 MLBSA
§ 1143.
§ 1075. Drinking water
Drinking
water shall be freely available to all children regardless of age. Each
child shall be provided with an individual drinking container.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 6.04.
§1076. Staff to eat with children
All meals
and snacks shall be served family style. Staff personnel are therefore
required to eat with the children.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 6.05.
Cross
References
Staff to
sit with children at meals or snacks, child care centers, see 8
MLBSA § 1542.
§ 1077. Nutritionist
All meals
and snacks shall be critiqued and approved by a licensed nutritionist
and posted in a conspicuous place for potential information.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 6.06.
Part
G
Safety
Section
1101. Emergency or accident procedures.
1102. Fire extinguishers.
1103. Electrical outlets.
1104. Telephones.
1105. Emergency telephone numbers.
1106. Hot surfaces.
1107. Hazardous materials and tools.
1108. Exterior spaces.
1109. Furniture, equipment and toys.
1110. Painted surfaces.
Cross
References.
Child care
centers, health and safety, see 8 MLBSA §1501
et seq.
First-aid training, see 8 MLBSA § 1044.
§ 1101. Emergency or accident procedures
A center
shall establish procedures to be followed in case of emergencies or
accidents.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 7.
§ 1102. Fire extinguishers
A center
must be equipped with the number of fire extinguishers determined by
the designated Reservation Business Committee facility inspector. Extinguishers
must be in working order and checked annually.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 7.01.
Cross
References
Child care
centers, fire extinguisher inspections, see 8 MLBSA
§ 1508.
§ 1103. Electrical outlets
All electrical
outlets must be covered or protected when not in use.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 7.02.
Cross
References
Hazardous
areas, conditions and objects, child care centers, see 8
MLBSA § 1509.
§ 1104. Telephones
Every
facility must have a phone that is readily accessible.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 7.03.
Cross
References
Child care
centers, telephone, see 8 MLBSA § 1507.
§ 1105. Emergency telephone numbers
A list
of emergency numbers shall be prominently posted by the telephone: police,
fire, doctor, ambulance, and hospital.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 7.04.
Cross References
Child care
centers, posted telephone numbers, see 8 MLBSA §
1507.
§ 1106. Hot surfaces
Radiators,
fireplaces, hot pipes, steam radiators, and other hot surfaces shall
be protected by guards.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 7.05.
Cross
References
Hazardous
areas, conditions and objects, child care centers, see 8
MLBSA § 1509.
§ 1107. Hazardous materials and tools
Sharp
scissors, knives, matches, and other potential hazards to children shall
be stored out of their reach. The use of potentially hazardous materials
and tools by children shall be supervised.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 7.06.
§ 1108. Exterior spaces
Exterior
spaces are fenced or have natural barriers to restrict children from
unsafe areas.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 7.07.
§ 1109. Furniture, equipment and toys
Furniture,
equipment, and toys are appropriate to the ages and developmental needs
of the children, are sturdily constructed without sharp edges, and prevent
minimal hazards to children.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 7.08.
Cross
References
Facility,
equipment and furniture, see 8 MLBSA § 984.
Hazardous areas, conditions and objects, child care centers, see 8
MLBSA § 1509.
Program, equipment and materials, see 8 MLBSA §
1005.
§ 1110. Painted surfaces
All painted
surfaces accessible to children are free of toxic materials.
Historical
and Statutory Notes
Source:Band
Statute 1019-MLC-46, § 7.09.
Cross
References
Peeling
paint, see 8 MLBSA § 982.
Part
H
Admissions
Section
1141. Admissions guidelines and policies established.
1142. Age ranges.
1143. Information and instruction from parents.
1144. Communication between family and facility.
Cross
References
Sample
menus provided at time of admission, child care centers, see 8
MLBSA § 1543.
§1141. Admissions guidelines and policies
established
The Mille
Lacs Reservation Business Committee hereby establishes the admissions
guidelines and policies for child care in this Part H.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 8.
§ 1142. Age ranges
Each group
child care program shall have an admission policy that specifies the
age ranges of children being served.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 8.01.
§ 1143. Information and instruction from
parents
(a) Admission
procedures developed must provide the care-giver with sufficient information
and instruction from the parent to enable the caregiver to make decisions
or act in behalf of the child's welfare in the absence of the parent.
(b) Prior
to admission of the child, the caregiver shall obtain written information
from a person or persons legally responsible for the child covering
the following items:
(1)
The child's full name, birth date, and current address.
(2)
The name and address of the parent or parents, or the person(s)
legally responsible for the child. Telephone number of instructions
as to how the parent(s) responsible for the child may be reached
when child is in the day care program.
(3)
Names of persons authorized to take the child from the day care
facility and their address, and persons not so authorized.
(4)
Names, address, and telephone numbers of the health source to be
called in case of emergency. Health statement and immunization data
as specified in 8 MLBSA § 1041 et seq.
(5)
Name, addresses, and telephone numbers of parent(s) who can assume
responsibility for the child if the parent cannot be reached in
an emergency.
(6)
Signed authorization to the effect that the parent gives permission
to the center to act in an emergency situation when the parent cannot
be reached or is delayed in arriving. (In Loco Parentis.)
(7)
Written permission for participation in specific research, experimentation
or publicity activities.
(8)
All children must have the expressed written permission from their
parent or guardian to participate in activities away from the physical
facility of the Child Care Center. Sponsorship of the activity shall
not be considered a reason to waive this requirement. All written
permissions shall be activity specific and must include the type
of activity, location, date and time of departure and anticipated
arrival. Blanket permission shall not be allowed.
(9)
Special diet needs shall be followed as stated in the following
sections.
(10)
Written statement of income provided by parents, [Federal Requirement]
Reason: Any child care center receiving Federal Funds must abide
by income guidelines for families to be eligible for services.
(c)
All information received during admission eligibility process is and
must remain confidential.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 8.02, 8.03.
Cross
References
Diet of infant, see 8 MLBSA § 1074.
§ 1144. Communication between family and facility
Admission policies and procedures must ensure initial and continuing
communication between the family and the facility to ensure compatibility
in their mutual responsibility for the child's welfare.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 8.0392.
Cross
References
Participation
in field trips, child care centers, see 8 MLBSA §
1572.
Part
I
Administration and Management
Section
1171. Administration and management established.
1172. Information to be submitted to licensing committee.
1173. Program Coordinator.
1174. Hiring policies: personnel policies of Mille Lacs Reservation
Business Committee.
§ 1171. Administration and management established
The Mille
Lacs Reservation Business Committee hereby establishes the administration
and management for child care centers.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 9.
§ 1172. Information to be submitted to licensing committee
Every child
program shall submit administrative and management information to the
licensing committee. Along with the application for licensure, the information
must include:
(a) Admission
procedures and requirements.
(b) Required
information to be kept in each child's confidential record.
(c) Individualized
Educational Program Plan.
(d) Description
of provisions for emergency medical and/or dental care.
(e) Written
documentation on insurance coverage in an amount sufficient to protect
the interest of the children and staff.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 9.01.
§ 1173. Program Coordinator
Every child
care center shall have a Program Coordinator who shall be responsible
and accountable for meeting the requirements of this subchapter.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 9.02.
§ 1174. Hiring policies: personnel policies of Mille Lacs Reservation
Business Committee
All child care centers licensed by the Mille Lacs Reservation Business
Committee:
(a)
Will not discriminate because of political or religious opinions or
affiliations, or because of race, national origin or other non-merit
factors except for Indian preference or as required by specific program
guidelines. Discrimination on the basis of age, sex or physical disability
will be Prohibited except where specific age, sex or physical requirements
constitute a bona fide occupational qualification necessary to proper
and efficient administration.
(b)
Will take affirmative action to insure that these provisions are carried
out.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 9.03.
Part
J
Staff Requirements
Section
1201. Staff requirements established.
1202. Staff development training.
1203. Job descriptions.
1204. Staff-to-child ratios.
1205. Persons capable of training staff.
1206. Competence and health of personnel.
1207. Abuse or neglect of children.
1208. Duty to report abuse or neglect.
Cross
References
Child
care centers, qualifications and training of applicant and staff, see
8 MLBSA § 1441 et seq.
§ 1201. Staff requirements established
The Mille
Lacs Reservation Business Committee hereby establishes, in this Part
J, the staff requirements for child care centers.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.
§ 1202. Staff development training
Staff development
training for all regular administrative, teaching and support services
staff members, including volunteers, must be a part of every center's
educational program.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.01.
§ 1203. Job descriptions
The program
shall maintain up-to-date job descriptions for all staff which include
mandatory staff training participation as an aspect of career development.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.02.
§ 1204. Staff-to-child ratios
(a) The
following staffing ratios shall apply with these specific age groups.
|
Children
of age:
|
6
weeks-16 months
|
1
adult to 2 children
|
| |
17-33
months |
1
adult to 7 children |
| |
34
months-5 years |
1
adult to 10 children |
| |
6-12
years |
1
adult to 15 children |
(b) The
adult-child ratio must be maintained throughout the day. This ratio
is based solely on the number of teacher aides in the classroom compared
to the total number of children. Children shall not be left unattended
for any reason.
(c) Volunteers
for all age groupings: to be counted in the staff-to-child ratio,
volunteers must be at least 18 years of age and participate in an
orientation to the program.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, §§ 10.03, 10.05, 10.06.
§ 1205. Persons capable of training staff
At least
one person on the staff must be knowledgeable of the following fields
and capable of training adult staff: Early childhood education, growth,
development and practices; and first-aid and home nursing.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.04.
§ 1206. Competence and health of personnel
All personnel in regular contact with children, including volunteers
and drivers, shall be physically, mentally, and emotionally competent
to care for children and free from serious communicable disease, with
tuberculosis testing results which have been completed within the last
six (6) months. Such testing shall occur once every calendar year.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.07.
Cross
References
Child care centers, general staff qualifications, see 8
MLBSA § 1443.
§ 1207. Abuse or neglect of children
(a)(1)
Employees of any child care center licensed by the Mille Lacs Reservation
Business Committee are Prohibited from abusing and/or neglecting,
of any type or kind, and to any degree which could tenably be construed
as such by an impartial observer, any child placed under their direct/indirect
supervision at a Child Care Center.
(2)
Any employee suspected of such actions shall be immediately suspended
from further duty upon the program coordinator's receipt of a written
statement of complaint which alleges the occurrence of such actions.
Such written statements must include:
(A) Name of employee allegedly committing said infraction;
(B) Time and location of observed infraction;
(C) Exact eye-witness description of what actually occurred: must
be factual information-hearsay information is not allowable; and
(D) Name, date and signature of person filing the report.
(3)
Upon receipt of said written complaint, the program coordinator
shall forward said statement, unduplicated, to the Executive Director.
The Executive Director shall notify the Reservation Business Committee
of said complaint at a special closed meeting. The Reservation Business
Committee shall establish a three (3) member investigative hearing
panel chaired by the Executive Director whose purpose shall be to
only gather the facts about the alleged incident and submit a written
report to the Secretary-Treasurer of the R.B.C. within five (5)
days after their establishment. At a special closed Reservation
Business Committee meeting, the R.B.C. Shall hear all the evidence
regarding the incident and render a decision in writing regarding
said incident. The decision of the R.B.C. Shall be final.
(b)
The prevailing rule of law regarding such allegations shall be that
an employee is innocent until proven guilty based upon a collection
of facts or a substantial amount of circumstantial evidence.
(c)
An accused employee shall have the right to present evidence on his/her
behalf to the investigative panel. He/she shall also have the right
to appoint another person to represent his/her interests at said hearing.
He/she shall have the right to cross examine any witness who testifies
at said hearing. These rights shall constitute an employee's rights
to due process.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.09.
Cross
References
Confrontation of witnesses and assistance of counsel, see 1
MLBSA § 6.
Domestic abuse prevention, see 8
MLBSA § 401 et seq.
Due process, see 1 MLBSA § 8.
Duty to report abuse and neglect, see 8
MLBSA § 301 et seq.
Minors in need of care, see 8 MLBSA
§ 201 et seq.
§ 1208. Duty to report abuse or neglect
It
is the policy of the Mille Lacs Reservation Business Committee to require
all personnel of any child care center under its jurisdiction to report
any suspected physical and/or sexual abuse of children or physical/psychological
neglect of children. Said written report shall be prepared by the program
coordinator addressed to the Health/welfare Area Administrator. Said
administrator shall immediately forward this letter to the Executive
Director who shall in turn inform the Reservation Business Committee.
The Reservation Business Committee shall, at a closed special meeting,
cause to happen any appropriate action it deems necessary to resolve
a complaint of this kind.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 10.08.
Cross
References
Duty to report abuse and neglect, see 8
MLBSA § 301 et seq.
Part
K
Program Operation
Section
1241. Program operation guidelines established.
1242. Records.
1243. Informational documents.
§ 1241. Program operation guidelines established
The Mille Lacs Reservation Business Committee hereby establishes that
child care center programs be operated as provided in this Part K.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 11.
§ 1242. Records
(a)
The center shall maintain the following types of records:
(1)
Daily attendance records of children,
(2)
Employment of staff and their evaluations,
(3)
Health records of children and staff,
(4)
Financial records,
(5)
Insurance, and
(6)
Vehicle registration and proof of maintenance
(b)
Also records of permission from parents for children for emergency
treatment, field trips, special medications, arrangement for picking
up children from the center other than parents, approval of architectural
plans for renovation plans from a health agency in the community,
records of volunteers time and health status, and an annual inventory
of all equipment shall be maintained.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 11.01.
Cross
References
Records, child care centers, see 8 MLBSA § 1671
et seq.
§ 1243. Informational documents
The
program coordinator shall assure the following written documents:
(a)
A clear definition of the type of service being offered to the children
and their parents,
(b)
Hours of operation,
(c)
Written admissions and enrollment procedures,
(d)
A clearly outlined list of fees and a plan for payment which is given
to an interested inquirer on request,
(e)
Regulations covering the belongings of children,
(f)
Transportation arrangements.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 11.02.
Part
L
Insurance
Section
1271 . Insurance of facility and vehicles.
§ 1271. Insurance of facility and vehicles
The program
Coordinator shall assure the following types of insurance: the center
facility, and any vehicle owned or operated by the center or its staff,
shall have full comprehensive insurance coverage.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 12.
Part
M
Financial
Records
Section
1301. Financial records to be maintained.
1302. Income and expenditures.
1303. Fees.
1304. Purchase and inventory policies.
1305. Budget.
§ 1301. Financial records to be maintained
The Mille
Lacs Reservation Business Committee hereby establishes that the financial
records provided for by this Part M be maintained.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 13.
§ 1302. Income and expenditures
The center
shall maintain a record of all income regardless of its derivation and
record all expenditures.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 13.01.
§ 1303. Fees
Records
shall be kept of all fees obtained from parents, and of their disbursement.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 13.02.
§ 1304. Purchase and inventory policies
The Program
Coordinator shall have written policies covering the purchases of the
organization and the maintenance of an inventory of the center's equipment.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 13.03.
§ 1305. Budget
The Program
Coordinator shall maintain an annual budget which shall provide information
on the following areas of itemization:
(a) Staff
salaries and fringe benefits,
(b) Equipment
purchase or rental,
(c) Insurance
costs,
(d) Office
or space costs,
(e) Consumable
supplies,
(f) Communications,
(g) Other
direct costs,
(h) Travel
for staff,
(i) Consultants,
(j) Training,
and
(k) Food
costs.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 13.04.
Part
N
Day Care Learning Centers Serving Special Needs Children
Section
1341. Integration of handicapped children.
1342. Consultant.
1343. Obtainment of information about special problems or needs.
1344. Progress evaluations.
§ 1341 Integration of handicapped children
Day care learning centers are encouraged to integrate handicapped children
into the group of normal children whenever feasible for the center and
for the child. The special needs of the child must be met.
Historical
and Statutory Notes
Source: Band Statute 1019-MLC-46, § 14.
§ 1342. Consultant
(a)
The day care learning center shall obtain the assistance of a qualified
consultant prior to the enrollment of any special needs child.
(b)
The center shall have written program modifications based on the determination
of the qualified consultant and the needs of the individual special
needs child. These program modifications shall be understood by the
program staff.
(c)
Additional staff as recommended by the consultant shall be available.
(d)
Modified equipment and supplies as recommended by the consultant shall
be available.
(e)
Training of all staff as recommended by the consultant shall be arranged.
(f)
Modification of the physical facilities shall be made as recommended
by the consultant and approved by the R.B.C. Facility inspector.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 14.01.
§ 1343. Obtainment of information about special problems or
needs
Prior to the admission of any special needs child, the day care center
shall obtain information from the parents, the physician and the state
and local education agency about any special problems or needs that
may affect the child's use of the program. Where indicated, a psychological
evaluation may be made if necessary, and must be made available to the
center.
Historical and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 14.02.
§ 1344. Progress evaluations
The progress of the special needs child shall be evaluated no less than
annually by a qualified consultant.
Historical
and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 14.03.
Part
O
Waiver
Section
1371. Waiver.
§ 1371. Waiver
Upon the simple majority vote of the Reservation Business Committee,
any word, sentence, paragraph or section of these standards may be waived
for up to twelve months provided there is no loss to the quality of
the program offered to its participants. All requests must be initiated
in writing to the Mille Lacs Reservation Child Care Licensing Committee
by the Program Coordinator. Upon receipt, a public hearing must be held
no later than five (5) days hence. The committee will deliberate and
finalize a recommendation on said request to be forwarded to the Secretary-Treasurer
of the R.B.C. The R.B.C. Shall hear the recommendation and supporting
documentation at its next regularly scheduled meeting and deliberate
on a final determination. The decision of the R.B.C. Shall be final.
Historical and Statutory Notes
Source:
Band Statute 1019-MLC-46, § 1.14.
SUBCHAPTER
II
CHILD CARE CENTERS
| Part |
|
Section
|
| A. |
General
Provisions |
1401
|
| B. |
Qualifications
and Training of Applicant and Staff |
1441
|
| C. |
Facilities
and Equipment |
1471
|
| D. |
Health
and Safety |
1501
|
| E. |
Food |
1541
|
| F. |
Program |
1571
|
| G. |
Access |
1601
|
| H. |
Transportation |
1641
|
| I. |
Records |
1671
|
Part
A
General
Provisions
Section
1401. Definitions.
1402. Applicability.
1403. Information on organizations.
§ 1401. Definitions
(a)
Scope. The definitions in this section apply to this subchapter.
(b) Age
category. "Age category" means the designation given
a child according to the child's age. The age categories are as follows:
(1)
"Infant" means a child who is at least six weeks old but less than
16 months old.
(2)
"Toddler" means a child at least 16 months old but less than 33
months old.
(3)
"Preschooler" means a child who is at least 33 months old but who
has not yet attended the first day of kindergarten.
(4)
"School age child" means a child who has at least attended the first
day of kindergarten but is less than 13 years old.
(c) Applicant.
"Applicant" means a person, corporation, partnership or voluntary
association, applying to provide reservation child care.
(d) Band
building code. "Band building code" means those
codes and regulations adopted by the Tribe.
(e) Building
official. "Building official" means a person appointed by the
Band to administer the building codes. The term includes the appointee's
authorized representative.
(f) Center.
"Center" means a facility in which a child care program is operated.
(g) Child.
"Child" means a person 12 years old or younger.
(h) Child
care program. "Child care program" means the systematic
organization or arrangement of activities, personnel, materials, and
equipment in a facility to promote the physical, intellectual, social,
and emotional development of a child in the absence of the parent
for a period of less than 24 hours a day.
(i) Child
care program plan. "Child care program plan" means the written
document that states the specific activities that will be provided
by the license holder to promote the physical, intellectual, social,
and emotional development of the children enrolled in the center.
(j) Clean.
"Clean" means free from dirt.
(k) Supervision.
"Supervision" occurs when a program staff person is within sight and
hearing of a child at all times so that the program staff person can
intervene to protect the health and safety of the child.
(l) Variance.
"Variance" means time limited written permission by the Tribe for
an applicant or license holder to depart from the provisions of this
subchapter if equivalent alternative measures are taken to ensure
the health, safety, and rights of the children in care.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 1.
§ 1402. Applicability
This subchapter
governs the licensure of the applicants for and license holders operating
a child care program in a center.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 2.
§ 1403. Information on organizations
If the
applicant is an authorized representative of a partnership, corporation,
voluntary association, or other organization legally responsible for
the operation of the child care program, the applicant must make available
and maintain the names and addresses of the owners and board members,
the articles of incorporation, and an organizational chart in the center
administrative record.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 3.02.
Part B
Qualifications and Training of Applicant and Staff
Section
1441. Definitions.
1442. Applicant background study.
1443. General staff qualifications.
1444. Disqualification factors.
1445. Directors; general requirements.
1446. Teacher qualifications.
1447. Assistant teacher qualifications.
1448. Aide qualifications.
1449. Orientation training.
1450. First aid training.
1451. Cardiopulmonary resuscitation (CPR) training.
1452. In-service training.
Cross
References
Child care,
staff requirements, see 8 MLBSA § 1201 et seq.
Personnel records, see 8 MLBSA § 1672.
§ 1441. Definitions
(a)
"Accredited course" means a course that is offered for credit by or
through an accredited post-secondary institution.
(b)
"Education" means accredited course work from an accredited post-secondary
institution in child development; children with special needs; early
childhood education methods of theory; curriculum planning; child
study techniques; family studies; child psychology; parent involvement;
behavior guidance; child nutrition; child health and safety; early
childhood special education methods of theory; child abuse and neglect
prevention; recreational sports, arts, and crafts methods of theory;
or coordination of community and school activities.
(c)
"Experience" means paid or unpaid employment serving children as a
teacher, assistant teacher, or aide, in a licensed child care center,
or work as a student intern in a licensed center, a school operated
by the commissioner of education or by a legally constituted local
school board, or a private school.
(d)
"Staff supervision" means responsibility to hire, train,
assign duties, and direct staff in day to day activities and evaluate
staff performance. A "supervisor" is a person with staff supervision
responsibility.
(e)
"Student intern" means a student of a post-secondary institution assigned
by that institution for a supervised experience with children. The
experience must be in a licensed center, and elementary school operated
by the commissioner of education or a legally constituted local school
board, or a private school approved under rules administered by the
commissioner of education. The term includes a person who has practiced
teaching, student teaching, or carrying out a practicum or internship.
Historical
and Statutory Notes
Source:
Band Statute 9305-MLC-46 § 4.01.
§ 1442. Applicant background study
An applicant background study of the applicant and all staff persons
who will have direct contact with or access to persons served by the
child care program.
Historical
and Statutory Notes
Source:
Band Statute 9305-MLC-46, § 3.01.
§ 1443. General staff qualifications
Staff
persons who have direct contact with or access to children, and volunteers
who have direct contact with or access to children and are not under
the direct supervision of a staff person, must meet the qualifications
in this section:
(a) Persons
who supervise staff persons or volunteers must be at least 18 years
old.
(b) Staff
persons must be physically able to care for children and must not
present a risk of transmission of reportable communicable disease.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 4.02.
Cross
References
Child care
staff, competence and health, see 8 MLBSA § 1206
§ 1444. Disqualification factors
A staff
person with direct contact with or access to children in care must disclose
the arrest, conviction, and applicant background information if that
staff person:
(a) has
a conviction of, has admitted to, has been charged and is awaiting
trial, for or there is substantial evidence indicating that the person
has committed an act of physical abuse or sexual abuse;
(b) has
a conviction of, has admitted to, has an adjudication of delinquency
for, has been charged and is awaiting trial for, or a preponderance
of the evidence indicates the person has committed:
(1)
neglect;
(2)
a felony;
(3)
the same or similar crimes as those in this subsection listed in
the laws of another state or of the United States or of another
country;
(c) has
mental illness as defined in Minnesota Statutes, section 245.462,
subdivision 20, and the behavior has or may have a negative effect
on the ability of the person to provide child care or is apparent
during the hours children are in care; or
(d) abuses
prescription drugs or uses controlled substances, as named in Minnesota
Statutes, chapter 152, or alcohol to the extent that the use or abuse
impairs or may impair the person's ability to provide child care or
is apparent during the hours children are in care.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46. § 4.03.
§ 1445. Directors; general requirements
A director
must:
(a) be
at least 18 years old;
(b) be
a graduate of a high school or hold an equivalent diploma attained
through successful completion of the general education development
(GED) test;
(c) have
at least 1,040 hours of paid or unpaid staff supervision experience;
and
(d) have
at least nine quarter credits or 90 hours earned in any combination
of accredited courses in staff supervision, human relations, and child
development.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 5.
§ 1446. Teacher qualifications
(a) A
teacher must be at least 18 years old and meet the qualifications
in subsection (b) with the following exceptions: A registered nurse
or licensed practical nurse is qualified as a teacher.
(b) A
teacher with the credential listed in Column A must have the education
and experience listed in Column B.
| Column
A |
Column
B |
| A
high School or General Education Development (GED) diploma |
Experience:
4,160 hours as an assistant teacher
Education: 24 quarter credits |
| Diploma
from Association Montessori Internationale; pre-primary credential,
primary diploma, or provisional certificate from the American Montessori
Society, without a baccalaureate degree Child Care Specialist |
Experience:
2080 hours as assistant teacher, aide, or student intern
Education:
12 quarter credits
|
| Preprimary
credential, primary diploma, or provisional certificate from the
American Montessori Society; or diploma from the Assoc. Montessori
International with a baccalaureate degree |
Experience:
1,040 hours as assistant teacher, aide, or student intern
Education:
no additional required
|
| Diploma
from an accredited business college as a Child Care Specialist |
Experience:
2,080 hours as an assistant teacher, aide, or student intern
Education: no additional required
|
| Minnesota
technical institute certificate as a Child Development Assistant |
Experience:
2,080 hours as an assistant teacher
Education: Six quarter credits |
| Child
Development Associate credential (center based or family day care)
for preschool or for infants and toddlers from the Council for Early
Childhood Professional Recognition |
Experience:
1,560 hours as assistant teacher, aide, or student intern
Education: no additional required |
| License
from the Minnesota Department of Education for Prekindergarten Associate;
or a certificate or credential for a two year program from an accredited
community college or technical college in child development or early
childhood education |
Experience:
1,040 hours as assistant teacher, aide, or student intern
Education:
six quarter credits
|
| Baccalaureate
degree from an accredited college or university in any field |
Experience:
1,040 hours as assistant teacher, aide, or student intern
Education: 18 quarter credits |
| License
from the Minnesota Department of Education for elementary education
without kindergarten endorsement |
Experience:
52 hours as assistant teacher, aide, or student intern if teaching
children under school age
Education: six quarter credits within one year of initial employment
if teaching children under school age |
| License
from the Minnesota Department of Education for prekindergarten/nursery,
or a license from the Minnesota Department of Education for elementary
education with a kindergarten endorsement |
Experience:
no additional required
Education:
no additional required
|
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 6.
§ 1447. Assistant teacher qualifications
An assistant
teacher must be at least 16 years old.
| Column
A |
Column
B |
| High
school diploma or General Education Development (GED) equivalency |
Experience:
2,080 hours as an aide or student intern
Education: 12 |
| Minnesota
license as family day care or group family day care provider |
Experience:
2,080 hours as a licensed family day care or group family day care
provider
Education: 12 quarter credits |
| Minnesota
technical institute certificate as a Child Development Assistant |
Experience:
520 hours as an aide or student intern
Education: no additional required |
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 7.
§ 1448. Aide qualifications
An aide
must be at least 16 years old.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 8.
§ 1449. Orientation training
The license holder must ensure that every staff person, and volunteers
who will have direct contact with or access to children and are not
under the direct supervision of a staff person, are given orientation
training and successfully complete the training before starting assigned
duties. Completion of the orientation must be documented in the individual's
personnel record. The orientation training must include information
about:
(a)
the center's philosophy, child care program, and procedures for maintaining
health and safety, and handling emergencies and accidents;
(b)
specific job responsibilities.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46. § 9.01.
§ 1450. First aid training
(a)
All teachers and assistant teachers and at least one staff person
present in a vehicle transporting children in care must satisfactorily
complete, within 90 days of the start of work, eight hours of first
aid training unless this has been satisfactorily completed within
the previous three years. The first aid training must be:
(1)
repeated at least every three years;
(2)
documented in the person's personnel record and indicated on the
center's staffing chart; and
(3)
provided by a licensed physician, a registered nurse or a licensed
practical nurse trained to provide instruction in first aid, or
an individual currently certified by the American Red Cross as a
first aide instructor.
(b)
On the date of initial licensure, at least one staff person with first
aid training must be present in the center when children are in care
and at least one person with first aid training must accompany children
on field trips.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 9.02.
§ 1451. Cardiopulmonary resuscitation (CPR) training
(a)
At least one staff person trained in CPR and in the treatment of obstructed
airways must be present in the center at all times when children are
in care and at least one person with CPR training must accompany children
on field trips.
(b)
The individual must have completed four to six hours of CPR training
which covers the use of CPR techniques with children within one year
before initial employment at the center.
(c)
CPR training must be provided or approved by American Red Cross, American
Heart Association, a licensed physician, a registered nurse, or a
licensed practical nurse trained to provide CPR instruction.
(d)
Documentation of the completed CPR training must be in staff person's
personnel record, and the staff person with training must be named
on the center's staffing chart.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 9.03.
§ 1452. In-service training
A license holder must ensure that an annual in-service training plan
is developed and carried out and that it meets the requirements in the
following items:
(a)
The in-service training plan must:
(1)
be consistent with the center's child care program plan;
(2)
meet the training needs of individual staff persons as specified
in each staff person's annual evaluation report.
(b)
The director and all program staff persons must annually complete
a number of hours of in-service training equal to at least two percent
of the hours for which the director program staff person is annually
paid.
(c)
The annual requirements must be completed within the year for which
it was required.
(d)
In-service training requirement must be met by participation in early
childhood development training. In this section, "early childhood
development training" means training in child development; children
with special needs; early childhood education methods of theory; curriculum
planning; child study techniques; family studies; parent involvement;
behavior guidance; child nutrition; child health and safety; recreation,
sports, arts, and crafts, methods of theory, early childhood special
education methods of theory; or child abuse and neglect prevention.
(e)
First aid and CPR training may be counted as in-service training.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 9.04.
Part
C
Facilities and Equipment
Section
1471. Indoor space.
1472. Room temperature.
1473. Screens.
1474. Equipment.
Cross
References
Child care
facility, see 8 MLBSA § 971 et seq.
§ 1471. Indoor space
The licensed
capacity of the center must be limited by the amount of indoor space.
A minimum of 35 square feet of indoor space must be available for each
child in attendance.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.06.
Cross
References
Child
care, minimum usable floorspace, see 8 MLBSA § 974.
§ 1472. Room temperature
A minimum
temperature of 68 degrees Fahrenheit must be maintained in indoor areas
used by children.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.09.
Cross
References
Child
care facilities, heating system, see 8 MLBSA § 978.
§ 1473. Screens
Outside
doors and windows used for ventilation must be screened to provide protection
from insects.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.12.
§ 1474. Equipment
(a) Definitions.
For the purpose of this section, the following terms have the meanings
given them.
(1)
"Cognitive development equipment and materials" means equipment
and materials designed to enhance components of intellectual development,
such as problem solving abilities, observation skills, group skills,
and symbol recognition.
(2)
"Dramatic play equipment" or "practical life activity equipment"
means equipment, such as dress up clothes, large or miniature play
sets, figures, and small and large building blocks that can be used
to design a setting or space that stimulates the child's imagination
and encourages role playing and the learning of practical life skills.
(3)
"Large muscle equipment" means equipment that is designed to enhance
large muscle development and coordination, such as playground equipment,
large boxes and pillows, large wheel toys, pull toys, balls, jump
ropes, climbers, and rocking boats.
(4)
"Manipulative equipment" means equipment that is designed to enhance
fine motor development and coordination, such as pegs and peg boards,
puzzles, beads and strings, interlocking plastic forms, and carpentry
materials.
(5)
"Sensory stimulation materials" means equipment, other than pictures,
that has different shapes, colors, and textures that stimulate the
child's visual and tactile senses. Examples of sensory stimulation
materials include mobiles, crib attached activity boxes, sand and
water activity materials, swatches of different textures of cloth,
and wooden or plastic items of different shapes and colors.
(b)
General requirements. Each child care program must have the
quantity and type of equipment for the age categories of children
served. Equipment must be appropriate to the age categories and any
special needs of the children served. A center must have enough equipment
for the number of children for which the center is licensed unless
the use of equipment is rotated among groups of children.
(c)
Equipment and materials for infants. The minimum equipment
and materials required for a center serving infants are as follows:
Furnishings:
(1)
one area rug or carpet per group;
(2)
a variety of non-folding child size chairs including infant seats
and high chairs; one per child, or a minimum of four per group;
(3)
one changing table for every group of 12 infants and succeeding
group of 12 or fewer infants;
(4)
one foot operated, covered diaper container per changing table;
(5)
one crib or portable crib waterproof mattress per child; and
(6)
one linear foot of low, open shelving per child.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 12.
Part
D
Health and Safety
Section
1501. Health policies.
1502. Emergency and accident policies and records.
1503. Emergency and accident procedures.
1504. Health consultation.
1505. First aid kit.
1506. Emergency equipment.
1507. Telephone; posted numbers.
1508. Fire extinguisher inspection.
1509. Hazardous areas, conditions and objects.
1510. Cleanliness and sanitation.
1511. Administration of medicine, diapering products, sunscreen lotions
and insect repellents.
1512. Exclusion of sick children.
1513. Non-smoking.
Cross
References
Health,
child care, see 8 MLBSA § 1041 et seq.
Safety, child care, see 8 MLBSA § 1101 et seq.
§ 1501. Health policies
The provider
must develop written health policies approved by the Band and must ensure
that they are carried out.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 20.01.
§ 1502. Emergency and accident policies and
records
(a) The
applicant must develop written policies governing emergencies, accidents,
and injuries. The license holder must ensure that written records
are kept about incidents, emergencies, accidents, and injuries that
have occurred.
(b) The
policies must contain:
(1)
Procedures for administering first aid.
(2)
Safety rules to follow in avoiding injuries, burns, poisoning, choking,
suffocation, and traffic, and pedestrian accidents.
(3)
Procedures for the daily inspection of potential hazards.
(4)
Procedures for fire prevention and procedures to follow in the event
of a fire. Fire procedures must:
(A)
mandate monthly fire drills and a log of drill times and dates;
(B) identify primary and secondary exits, building evacuation
routes, the phone number of the fire department, person responsible
for the evacuation of children, and areas for which they are responsible;
(C)
contain instruction on how to use a fire extinguisher and how
to close off the fire area; and
(D) provide for the training of staff persons to carry out the
fire procedures.
(5)
Procedures to follow in the event of a blizzard, tornado, or other
natural disaster that include the location of emergency shelter,
procedures for monthly tornado drills from April to September, and
a log of times and dates showing that the drills were held.
(6)
Procedures to follow when a child is missing.
(7)
Procedures to follow if an unauthorized person or a person who is
incapacitated or suspected of abuse attempts to pick up a child
or if no one comes to pick up a child.
(8)
Sources of emergency medical care.
(9)
Procedures for recording accidents, injuries, and incidents involving
a child enrolled in the center, a staff person, or a visitor. The
written record must contain:
(A)
the names and age of the persons involved;
(B) date and place of the accident, injury or incident;
(C)
type of injury;
(D)
action taken by staff; and
(E)
to whom the accident, injury or incident was reported.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 16.
§ 1503. Emergency and accident procedures
The license
holder must ensure that written procedures for emergencies and accidents
are posted in a visible place. The procedures must:
(a) identify
persons responsible for each area;
(b) identify
primary and secondary exits;
(c) identify
a tornado shelter area;
(d) identify
building evacuation routes;
(e) describe
how to use a fire extinguisher and close off the fire area; and
(f) list
the phone numbers and sources of emergency medical and dental care,
poison control center, fire department, health authority.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 20.16.
§ 1504. Health consultation
(a)
The Center must have a health consultant who must review the center's
health policies and practices and certify that they are adequate to
protect the health of children in care.
(b)
The consultant must review:
(1)
The first aid and safety policies and procedures required by 8
MLBSA § 1502(b)(l) to (3).
(2)
The diapering procedures and practices specified.
(3)
The sanitation procedures and practices for food prepared.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 20.02.
§ 1505. First aid kit
The license holder must ensure that a first aid kit is available within
the center. The kit must contain sterile bandages and band-aids, sterile
compresses, ipecac syrup, scissors, an ice bag or cold pack, an oral
or surface thermometer and adhesive tape. A current first aid manual
must be included. The first aid kit and manual must be accessible to
the staff in the center and taken on field trips. The ipecac syrup must
be labeled with instructions to call and number for the local poison
center. The provider must ensure that ipecac syrup is administered according
to the instructions of the poison control center.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 20.11.
Cross
References
Child care, health, first-aid kit see 8 MLBSA §
1048.
Emergency items, child care facilities, see 8 MLBSA §
977.
§ 1506. Emergency equipment
The center must have a battery operated flashlight and battery operated
portable radio.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 20.13.
Cross
References
Emergency items, child care facilities, see 8 MLBSA §
977.
§ 1507. Telephone; posted numbers
A telephone that is not coin-operated must be located within the center.
A list of emergency numbers must be posted next to the telephone. The
911 emergency number, when available, must be posted. If 911 emergency
number is not available, the numbers listed must be those of the local
fire department, police department, emergency transportation, and poison
control center.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.05.
Cross
References
Emergency telephone numbers, child care safety, see 8
MLBSA § 1105.
Telephone, child care safety, see 8 MLBSA § 1104.
§ 1508. Fire extinguisher inspection
Fire extinguishers must be serviced annually by a qualified inspector.
The name of the inspector and date of the inspection must be written
on a tag attached to the extinguisher.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.11.
Cross
References
Child care safety, fire extinguishers, see 8 MLBSA §
1102.
§ 1509. Hazardous areas, conditions and objects
(a)
Hazardous areas. Kitchens, stairs, and other hazardous areas
must be inaccessible to children except during periods of supervised
use.
(b)
Maintenance of areas used by children. The areas used by children
must be free from debris, loose flaking, peeling, or chipped paint,
loose wallpaper, or crumbling plaster, litter, and holes in the walls,
floors, and ceilings. Rugs must have a non-skid backing or be firmly
fastened to the floor and be free from tears, curled or frayed edges,
and hazardous wrinkles.
(c)
Shielding of hot surfaces. Radiators, fireplaces, hot pipes,
and other hot surfaces in areas used by children must be shielded
or insulated to prevent burns.
(d)
Electrical outlets. Except in a center that serves only school
age children, electrical outlets must be tamper proof or shielded
when not in use.
(e)
Condition of equipment, furniture and toys. (1) Equipment and
furniture must be durable, in good repair, structurally sound and
stable following assembly and installation. Equipment must be free
of sharp edges, dangerous protrusions, points where a child's extremities
could be pinched or crushed, and openings or angles that could trap
part of child's body. Tables, chairs, and other furniture must be
appropriate to the age and size of children who use them. Toys and
equipment that are likely to be mouthed by infants and toddlers must
be made of a material that can be disinfected. These must be cleaned
and disinfected when mouthed or soiled and at least daily.
(2)
Infant rattles must meet the United States consumer product safety
standards contained in the Code of Federal Regulations, title 16,
sections 1510.1 to 1510.4, as adopted on May 23, 1978. All toys
and other articles intended for use by children under three years
of age that present choking, aspiration, or ingestion hazards because
of small parts must meet the size standards in Code of Federal Regulations,
title 16, sections 1501.1 to 1501.5, as adopted on June 15, 1979.
(f)
Hazardous objects. Sharp objects, medicines, plastic bags,
and poisonous plants and chemicals, including household supplies,
must be stored out of reach of children.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 20.12, 20.14, 20.15, 21.07,
21.08, 21.10.
Cross
References
Electrical outlets, child care safety, see 8 MLBSA §
1103.
Floors, child care facilities, see 8 MLBSA § 981.
Furniture, equipment and toys, child care safety, see 8
MLBSA § 1109.
Good repair, child care facilities, see 8 MLBSA §
982.
Hot surfaces, child care safety, see 8 MLBSA §
1106.
Storage of medications and poisonous items, child care facilities, see
8 MLBSA § 979.
§ 1510. Cleanliness and sanitation
(a)
Cleanliness. The indoor and outdoor space and equipment of
the center must be clean.
(b)
Toilets and hand sinks. Toilets and hand sinks must be provided.
(1)
The center must have at least one hand sink and one toilet for each
15 children in the building accessible.
(2)
Hand sinks for children must not be used for custodial work or food
preparation.
(3)
Single service towels or air dryers must be available to dry hands
and designed for easy use by the children.
(c)
Toilet facilities. The toilet rooms of the center must be cleaned
daily. Toilet training chairs must be emptied, washed with soap and
water, and disinfected after each use. Toilets and seats must be washed
with soap and water and disinfected when soiled or at least daily.
(d)
Hand washing: staff person. A staff person must wash his/her
hands with soap and water after changing a child's diaper, after using
toilet facilities, and before handling food or eating.
(e) Hand
washing: child. A child's hands must be washed with soap and water
after a diaper change, after use of a toilet or toilet training chair,
and before eating a meal or snack. Staff must monitor hand washing
and assist a child who needs help. The use of a common basin or a
hand sink filled with standing water is Prohibited.
(f)
Toilet articles. The license holder shall provide the following
supplies and make them accessible to children: toilet paper, liquid
hand soap, facial tissues, and single use paper towels or warm air
hand dryers.
(g)
Diaper changing area. A diaper must be changed only in the diaper
changing area. The diaper changing area must be separate from areas
used for food storage, food preparation, and eating. The area must
have a hand sink equipped with hot and cold running water within three
feet of the diaper changing surface a smooth nonabsorbent diaper changing
surface and floor covering, and a container operated by a foot pedal
for soiled and wet diapers.
(h)
Diaper changing procedures. The center must have and follow
diaper changing procedures that have been developed in consultation
with a health consultant. The license holder must post the diaper
changing procedures in the diaper changing area.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 20.04 to 20.10, 21.13.
Cross
References
Clean
floors, child care facilities, see 8 MLBSA § 981.
Cleanliness and good repair, child care facilities, see 8
MLBSA § 982.
Toilets and washbowls, child care facilities, see 8 MLBSA
§ 976.
§ 1511. Administration of medicine, diapering
products, sunscreen lotions and insect repellents
(a)
The license holder must get written permission from the child's parent
before administering medicine, diapering products, sunscreen lotions,
and insect repellents. Non-prescription medicines, diapering products,
sun screen lotions, and insect repellents must be administered according
to the manufacturer's instructions for their use provided by a license
physician or dentist.
(b)
The license holder must get and follow written instructions from a
licensed physician or dentist before administering each prescription
medicine. Medicine with child's name and current prescription information
on the label constitutes instructions.
(c)
All medicine must be kept in its original container and have legible
label stating the child's name.
(d)
The medicine must be given only to the child whose name is on the
label. The medicine must not be given after an expiration date on
the label, and any unused portion must be returned to the child's
parent or destroyed. The license holder must ensure that the administration
of medicine is recorded and given the name of the child, name of the
medication or prescription number, date, time, dosage, and the name
and signature of the person who dispensed the medicine. The record
must be available to the parent and maintained in the child's record.
(e)
Sunscreen lotions and insect repellents supplied by the license holder
may be used on more than one child. A product to control or prevent
diaper rash, including premoistened commercial wipes that cannot be
dispensed in a manner that prevents cross contamination of the product
and container as determined by the health consultant, must be labeled
with the child's name and used only for the individual whose name
is written on the label.
(f)
Medicines, insect repellents, sunscreen lotions, and diaper rash control
products must be stored according to directions on the original container
and so that they are inaccessible to children.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 20.02.
Cross
References
Medication, child care, health, see 8 MLBSA § 1047.
Storage of medications and poisonous items, child care facilities, see
8 MLBSA § 979.
§ 1512. Exclusion of sick children
A child with any of the following conditions or behaviors is a sick
child and must be excluded from a center not licensed to operate a sick
child program. If the child becomes sick while at the center, the child
must be isolated from other children in care and the parent called immediately.
A sick child must be supervised at all times. The license holder must
exclude a child:
(a)
with a reportable illness or condition that the Commissioner of Health
and Human Services determines to be contagious and a physician determines
has not had sufficient treatment to reduce the health risk to others;
(b)
with chicken pox until the child is no longer infectious or until
the lesions are crusted over;
(c)
who has vomited two or more times since admission that day;
(d)
who has had three or more abnormally loose stools since admission
that day;
(e)
who has contagious conjunctivitis or pus draining from the eye;
(f)
who has a bacterial infection such as streptococcal pharyngitis or
impetigo and has not completed 24 hours of antimicrobial therapy;
(g)
who has unexplained lethargy;
(h)
who has lice, ringworm, or scabies that is untreated and contagious
to others;
(i) who
has a 100 degree Fahrenheit axially or higher temperature of undiagnosed
origin before fever reducing medication is given;
(j) who
has an undiagnosed rash or a rash attributable to a contagious illness
or condition;
(k) who
has significant respiratory distress;
(l) who
is not able to participate in child care program activities with reasonable
comfort; or
(m) who
requires more care than the program staff can provide without compromising
the health and safety of other children in care.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 13.
Cross
References
Children
who become ill, see 8 MLBSA § 1046.
Children with communicable diseases, see 8 MLBSA §
1045.
Space designated for use by ill child, see 8 MLBSA §
980.
§ 1513. Nonsmoking
A center
must comply with the Mille Lacs Band's clean air standards as prescribed
by law.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46. § 20.03.
Part
E
Food
Section
1541. Availability of meals and snacks.
1542. Staff to sit with children at meals or snacks.
1543. Menus.
1544. Infant diets.
1545. Sanitation.
§ 1541. Availability of meals and snacks
(a) The
provider must see that meals and supplemental snacks are available.
Bag lunches provided by the parent are acceptable.
(b) There
must be a snack for a child in attendance for more than two hours,
but fewer than five hours.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46 §§ 21.01, 21.03.
Cross
References
Provision of meals and snacks, see 8 MLBSA § 1072.
§ 1542. Staff to sit with children at meals
or snacks
There must be program staff who are seated with the children during
meal and snack times.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 21.03.
Cross
References
Meals and snacks to be served family style, see 8 MLBSA
§ 1076.
§ 1543. Menus
When food is provided by the license holder, menus must be planned on
a monthly basis and posted in a conspicuous place where they can be
reviewed by parents. A sample menu must be provided to parents at the
time of admission. Menus must comply with the nutritional requirements
of the United States Department of Agriculture, Food and Nutrition Service,
Code of Federal Regulations, Title 7, section 226.20.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 21.02.
Cross
References
Admissions, see 8 MLBSA § 1141 et seq.
§ 1544. Infant diets
The diet of an infant must be determined by the infant's parent. The
provider must ensure that sanitary procedures and practices are used
to prepare, handle, and store formula, milk, breast milk, solid foods,
and supplements. Procedures must be reviewed and certified by a health
consultant. A center serving infants must:
(a)
obtain written dietary instructions from the parent of the child;
(b)
have the infant's feeding schedule available in the food preparation
area;
(c)
offer the child formula or milk and nutritionally adequate solid foods
in prescribed quantities at specified time intervals; and
(d)
label each child's bottle.
Historical and Statutory Notes
Source: Band Statute 9503-MLC-46, § 21.04.
Cross
References
Infant diets, see 8 MLBSA § 1074.
§ 1545. Sanitation
Procedures for preparing, handling, and serving food, and washing food,
utensils, and equipment must comply with the requirements for food and
beverage establishments. If the food is prepared off-site by another
facility or if food service is provided according to a contract with
a food service provider, the facility or license holder must ensure
that food is prepared in compliance with local health codes. The provider
must provide refrigeration for dairy products and other perishable foods,
whether supplied by the licensed holder or supplied by the parent. The
refrigeration must have a temperature of 40 degrees Fahrenheit or less.
Tables and highchair trays used for meals must be washed with soap and
water before and after each use.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.03.
Cross
References
Sanitary food-handling, see 8 MLBSA § 1073.
Part
F
Program
Section
1571. Child care program plan.
1572. Participation in field trips.
1573. Behavior guidance.
Cross
References
Program, see 8 MLBSA § 1001 et seq.
§ 1571. Child care program plan
The applicant must develop a written child care program plan. The child
care program plan must:
(a)
mandate that children have supervision at all times;
(b)
describe the days and hours of operation of the program;
(c)
describe the general educational methods to be used by the program
and the religious, political, or philosophical basis, if any;
(d)
specify activities designed to promote the intellectual, social, and
emotional development of a child in a manner consistent with the child's
cultural background;
(e)
provide for activities that are both quiet and active, teacher directed
and child initiated;
(f)
provide for a variety of activities that require the use of varied
equipment and materials; and
(g)
be available to parents for review on request.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 10.01.
Cross
References
Center administration records, see 8 MLBSA § 1671.
§ 1572. Participation in field trips
The provider must ensure that written permission is obtained from each
child's parent before taking a child on a field trip. A written permission
form must be obtained before each field trip. The parent's written permission
must state that the parent has been informed of the purpose and destination
of the field trip.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 15.
Cross
References
Permission to participate in activities away from the physical facility,
see 8 MLBSA § 1144.
§ 1573. Behavior guidance
(a)
General requirements. The applicant must develop written behavior
guidance policies and procedures. These policies and procedures must:
(1)
ensure that each child is provided with a positive model of acceptable
behavior;
(2)
be tailored to the developmental level of the children the center
is licensed to serve;
(3)
redirect children and groups away from problems toward constructive
activity in order to reduce conflict;
(4)
teach children how to use acceptable alternatives to problem behavior
in order to reduce conflict;
(5)
protect the safety of children and staff persons; and
(6)
provide immediate and directly related consequences for a child's
unacceptable behavior.
(b)
Separation from the group. No child may be separated from the
group unless the provider has tried less intrusive methods of guiding
the child's behavior which have been ineffective and the child's behavior
threatens the well being of the child or other children in the center.
A child who requires separation from the group must remain within
an unenclosed part of the classroom where the child can be continuously
seen and heard by a program staff person. When separation from the
group is used as a behavior guidance technique, the child's return
to the group must be contingent on the child's stopping or bringing
under control the behavior that precipitated the separation, and the
child must be returned to the group as soon as the behavior that precipitated
the separation abates or stops. A child between the ages of six weeks
and 16 months must not be separated from the group as a means of behavior
guidance.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 11.
Cross
References
Punishment, see 8 MLBSA § 1004.
Part
G
Access
Section
1601. Parent visitation.
1602. Access by Band.
§ 1601. Parent visitation
Parents may visit the center any time during the hours of operation.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 14.
§ 1602. Access by Band
The Band must be given access to the center, including grounds, documents,
persons served by the child care programs, and staff persons.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 21.14.
Cross
References
Access to facility for evaluation, see 8 MLBSA §
949.
Part
H
Transportation
Section
1641. Transportation policies.
§ 1641. Transportation policies
A license holder who provides transportation for children or contracts
to provide transportation must comply with the following transportation
policies:
(a)
The vehicle must be licensed according to Statutes and comply with
the equipment standards.
(b)
The vehicle must be driven by a person who holds a current Minnesota
driver's license appropriate to the vehicle driven.
(c)
Staff ratios must be maintained on all transportation provided on
all field trips.
(d)
When children are driven in a private car or van, a second adult must
be present when more than four children under the age of five are
being transported.
(e)
When the license holder provides transportation to and from the center,
a second adult must be present in the vehicle and children must not
be transported more than one hour per one-way trip.
(f)
When children are transported, they must be restrained in accordance
with Minnesota Statutes, Section 169.686, and a child under the age
of four may be transported only if the child is properly fastened
in a child passenger restraint system that meets the federal motor
vehicle safety standards contained in Code of Federal Regulations,
title 49, section 571 .2 13.
Historical
and Statutory Notes
Source: Band Statute 9503-MLC-46, § 22.
Cross
References
Motor vehicle registration, see 19 MLBSA
§ 101 et seq.
Part
I
Records
Section
1671. Center administration records.
1672. Personnel records.
1673. Children's records.
Cross References
Child care in residences, records and reports, see 8 MLBSA § 1801
[Digitizer's note: Section not in digital copy] et seq.
Program operation, records, see 8 MLBSA § 1242.
§ 1671. Center administration records
The records
required by this section must be maintained within the center and be
available for inspection at the request of the commissioner. The license
holder must ensure that the following are maintained:
(a) the
personnel records
(b) the
children's records
(c) the
child care program plan
(d) the
accident, injury, emergency, and incident records.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46. § 17.
Cross
References
Child
care program plan, see 8 MLBSA § 1571.
§ 1672. Personnel records
(a) The
provider must ensure that a personnel record for each staff person
is maintained at the center. The personnel record for each staff person
must contain:
(1)
the staff person's name, home address, home telephone number, and
date of birth;
(2)
the telephone number of a person to be notified in an emergency;
(3)
the staff person's job description;
(4)
documentation that the staff person has completed the applicant
background study;
(5)
the staff person's application, resume, and documentation indicating
that the staff person meets the requirements of the staff person's
job description and the education requirements;
(6)
documentation that the staff person has completed the orientation
to the center;
(7)
documentation, when applicable, that the staff person has completed
the first aid and CPR training;
(8)
documentation of completion of the in-service training, showing
the training topic, source of training, number of hours completed.
(9)
documentation of procedures for and completion of annual evaluation
of the staff person's work and specification of in-service training
needs; and
(10)
documentation of any disciplinary action including termination.
(b) The
provider shall not disclose a staff person's personnel record to any
person other than the staff person, the staff person's legal representative,
the staff person's supervisor, or employees of the provider designated
by the Provider to maintain personnel records, and the commissioner,
unless the staff person has given written consent or as otherwise
required by law.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 18.
Cross
References
Qualifications
and training of staff, see 8 MLBSA § 1441 et
seq.
§ 1673. Children's records
(a) At
the time of enrollment in the center, the provider must ensure that
a record is maintained on each child. The record must contain:
(1)
the child's full name, birthdate, and current home address;
(2)
the name, address, and telephone number of the child's parent;
(3)
instructions on how the parent can be reached when the child is
attending the center;
(4)
the names and telephone numbers of any persons authorized to take
the child from the center;
(5)
the names and telephone numbers of the child's source of regular
medical and dental care and the source of medical and dental care
to be used in case of an emergency;
(6)
written authorization, if granted, for the license holder to administer
ipecac syrup according to Poison Control.
(b) The
provider shall not disclose a child's record to any person other than
the child, the child's parent or guardian, the child's legal representative,
employees of the license holder, and the commissioner unless the child's
parent or guardian has given written consent or as otherwise required
by law.
Historical
and Statutory Notes
Source:
Band Statute 9503-MLC-46, § 19.
CHAPTER
12
CHILD SUPPORT
| Subchapter
|
Section
|
| I.
General Provisions |
2001
|
| II.
Enforcement |
2051
|
SUBCHAPTER
I
GENERAL PROVISIONS
Section
2001. Purpose.
2002. Sovereign immunity.
2003. Definitions.
2004. Confidentiality.
2005. Scope of proceedings.
2006. Guidelines.
2007. Joint custody-Custody divided by time periods between two parents.
2008. Joint custody-Children divided between two parents.
2009. Stoppage of payments.
2010. Scheduling of cases.
2011. Forms.
2012. Court fees.
2013. Notice.
2014. Income verification.
2015. Court hearing.
2016. Information to verify income or financial circumstances.
2017. Lifestyle or morals of obligee.
2018. Orders.
2019. Modification of order.
Historical
and Statutory Notes
The Preamble
of Ordinance 26-94 provides: " Be it enacted by the Band Assembly
of the Mille Lacs Band of Chippewa Indians for the purpose of establishing
Child Support and Enforcement for adequate support and nurturing of
the children under the jurisdiction of the Band."
Cross
References
Removal of child from proposed adoptive home, support orders, see 8
MLBSA § 617.
§ 2001. Purpose
(a) The
Band Assembly hereby finds and determines that the purpose of this
chapter is to provide for the adequate support and nurturing of the
children under the jurisdiction of the Band. The health and well-being
of the Band depends on the continued health and well-being of our
children. The healthy growth, development and well-being of the children
requires proper care and support be given them in their homes. To
this end this chapter is enacted.
(b)
All provisions in this chapter are to be interpreted with the best
interests of the child in mind.
Historical
and Statutory Notes
Source:
Ordinance 26-94, ch. 29, T. I, § 1.
§ 2002. Sovereign immunity
Nothing contained in this chapter shall be construed as a waiver of
sovereign immunity of the Non-Removable Mille Lacs Band of Chippewa
Indians unless specifically authorized in accordance with Band law or
by specific Band Statute.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. II, § 9.
§ 2003. Definitions
(a)
Adjusted income.
(1)
The amount of income used as a base for figuring child support.
In figuring adjusted income, the Court shall start by determining
the gross income of the parent owing child support, including income
from earnings and investments. The following expenses are then deducted
to determine the adjusted income:
(A) Federal income taxes using a standard tax table amount.
(B) State income tax, if any.
(C) Social security deductions.
(D) Pension deductions not exceeding ten percent of gross wages.
(E) Union dues.
(F) Cost of health insurance coverage for obligor and dependents.
(G)
A child support or maintenance order currently being paid.
(H) Compensation for overtime, if it is worked only occasionally.
(2)
Income of the spouse of the person owing child support will not
be counted when determining the amount of child support owed. The
voluntary giving of gifts or purchasing of food, clothing and the
like shall not reduce the amount of child support owed.
(3)
Persons who voluntarily quit their jobs, or voluntarily reduce their
work hours shall not be able to reduce their child support obligations.
The Court shall presume that their income is what it would have
been if they had not voluntarily quit or reduced their work.
(b) Children.
(1)
"Children" for purposes of determining payment amount means the
minor offspring or adopted children of the person obligated to pay,
or who otherwise becomes emancipated.
(2)
It is assumed that support will stop when the child is eighteen
years old unless one of the following applies:
(A)
the child is disabled, or
(B)
the child is between eighteen and twenty-one and is enrolled in
school on a full time basis.
(3)
If subparagraph (A) or (B) of paragraph (2) applies, and if the
Court finds that it would be in the best interests of the child
to continue support, the Court may order that support continue until
the child is twenty-one, so long as the child is disabled or enrolled
in school on a full time basis.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 4.04.
§ 2004. Confidentiality
(a) All
child support proceedings in court are confidential.
(b) Court
hearings in the matter of child support will be closed to outside
observers. Only the parties directly involved and necessary witnesses
shall be present.
(c) Proceedings
should not be discussed with the children involved or other children
in the household. Parents are to refrain from using their child or
children as tools against each other.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 2.
Cross
References
Disclosure
by judge of information relating to pending case, see 5
MLBSA § 117.
§ 2005. Scope of proceedings
In making
determinations of child support, enforcement of child support, or modifying
support orders, the court shall not change or modify the custody or
guardianship of any child. A separate proceeding must be initiated to
change or modify custody or guardianship.
Historical
and Statutory Notes
Source:
Ordinance 26-94, ch. 29, T. I, § 3.
§ 2006. Guidelines
The Court
shall follow the accompanying chart in awarding child support. Any deviation
from the chart must be accompanied by an explanation in the written
order which explains why the deviation is in the child's best interests.
Specific dollar amounts, not income percentages, shall be included in
the child support order.
Chart
for Child Support Amounts
Adjusted
Income
Per Month of
Person owing
support Number
of Children and percent of adjusted income owed
| |
1 |
2 |
3 |
4 |
5 |
6 |
7
or more |
| $401-500 |
14 |
17 |
20 |
22 |
24 |
26 |
28 |
| $501-550 |
15 |
18 |
21 |
24 |
26 |
28 |
30 |
| $551-600 |
16 |
19 |
22 |
25 |
28 |
30 |
32 |
| $601-650
|
17 |
21 |
24 |
27 |
29 |
32 |
34 |
| $651-700 |
18 |
22 |
25 |
28 |
31 |
34 |
36 |
| $701-750 |
19 |
23 |
27 |
30 |
33 |
36 |
38 |
| $751-800 |
20 |
24 |
28 |
31 |
35 |
38 |
40 |
| $801-850 |
21 |
25 |
29 |
33 |
36 |
40 |
42 |
| $851-900 |
22 |
27 |
31 |
34 |
38 |
41 |
44 |
| $901-950 |
23 |
28 |
32 |
36 |
40 |
43 |
46 |
| $951-1000 |
24 |
29 |
34 |
38 |
41 |
45 |
48 |
| over
$1000 |
25 |
30 |
35 |
39 |
43 |
47 |
50 |
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. I, § 4.
§ 2007. Joint custody-Custody divided by time periods between
two parents
The rebuttable presumption is that child support will not be reduced
because custody of the child is joint. Support will be awarded to the
parent who has the child the majority of the time, in the amount as
set forth in the guidelines.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 4.01.
§ 2008. Joint custody-Children divided between two parents
The rebuttable presumption is that all children will be in the primary
care of one of the parents. However if there is more than one child,
and custody is joint between the parents with each parent having primary
responsibility for at least one child, then the amount that each would
owe is calculated separately. The two figures are then compared, and
the lower figure is subtracted from the higher figure to determine the
amount of support owed.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 4.03.
§ 2009. Stoppage of payments
On a case by case basis, the Court may order that child support payments
be stopped or reduced, during the time that the child is on an extended
visit of 30 days or more with the non-custodial parent, if the Court
specifically finds that such stoppage or reduction in support will not
adversely affect the child's best interests. A reduction or stoppage
in support payments is not automatic or presumed, and the judge in determining
whether to a allow a reduction for an extended visit should consider
the extent of obligations and expenses of the custodial parent. (For
example, housing costs are ongoing and do not diminish due to a temporary
absence of the child.)
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. I, § 4.02.
§ 2010. Scheduling of cases
Because support payments are vital to the well being of the children,
support proceedings shall be given priority in the scheduling of cases.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 5.01.
§ 2011. Forms
(a)
The Court shall prepare simplified forms for the petitioning for child
support.
(b)
The Court shall prepare forms so that the parties may easily calculate
the amount of child support.
(c)
The Court shall prepare forms so that the party who owes child support
may petition the Court for a modification, if he or she has a substantial
change of circumstances such as, but not limited to, an involuntary
layoff from work. Any such order modifying support shall be issued
only upon a finding by the Court that there has been a substantial
change of circumstances.
Historical
and Statutory Notes
Source: Ordinance 26-94, ch. 29, T. I, §§ 5.02 to 5.04.
§ 2012. Court fees
Court
fees are waived for the filing of child support petitions. However petitions
for modification in orders for support shall pay the required court
fees.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 5.02.
§ 2013. Notice
All parties
to a child support action shall receive notice of the proceeding at
least 10 days before the Court hearing.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 5.06.
§ 2014. Income verification
Included
with the notice shall be forms requesting income verification. All parties
must provide income verification to the Court, or notify the Court in
writing of any reason that they think that the child support is not
owed.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 5.07.
§ 2015. Court hearing
All persons
subject to the jurisdiction of the Band who are being petitioned for
child support are entitled to a hearing. The Judge shall consider all
relevant evidence presented and within 48 hours, following the hearing
issue a written order.
Historical
and Statutory Notes
Source:
Ordinance 26-94, ch. 29, T. I, § 6.
§ 2016. Information to verify income or financial circumstances
If necessary
the Judge may order the parties to supply further information to verify
the income or financial circumstances of the parties.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, § 6.91.
§ 2017. Lifestyle or morals of obligee
The lifestyle or morals of the other parent (obligee) shall not be a
defense against paying child support.
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. I, § 5.071.
§ 2018. Orders
(a)
Every order for support shall include the obligor's social security
number, and the name and address of the obligor's employer(s) or other
payer of funds.
(b)
Every order for child support shall provide for a conspicuous notice
of the provisions of subchapter II (8 MLBSA §
2051 et seq.). An order without this notice remains subject to
subchapter II.
(c)
The child support order issued by the Court shall contain a prominent
notice that in the event of an involuntary layoff from work the party
is required to notify the Court when returning to work at the former
place of employment or a new place of employment. Failure to notify
the Court may result in a civil penalty not to exceed $500 plus the
assessment of arrearages.
(d)
Child support orders issued from the Court shall include a provision
requiring health insurance for the children when coverage is available
through the employer of the individual paying child support.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. I, §§ 5.05, 5.08, Title II, §§
1, 2.05.
§ 2019. Modification of order
The obligor may move the Court under this chapter to modify the order
respecting the amount of child support.
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, Title II, § 2.04.
SUBCHAPTER
II
ENFORCEMENT
Section
2051. Withholding.
2052. Conditions of income withholding.
2053. Withholding hearing.
2054. Effect of order.
2055. Priority.
2056. Employer expenses.
2057. Notice from obligor to employer.
2058. Notice to Court upon termination of employment.
2059. Order terminating income withholding.
Cross
References
Orders
for child support, notice of provisions of this subchapter see 8
MLBSA § 2018.
§ 2051. Withholding
Whenever
an obligation for support of a child is determined or ordered by the
Court of Central Jurisdiction, the amount of child support, as determined
by Court order, must be withheld from the income, regardless of the
source, of the person obligated to pay the support.
Historical
and Statutory Notes
Source:
Ordinance 26-94, ch. 29. T. II, § 1.
§ 2052. Conditions of income withholding
(a) Withholding
shall result whenever the obligor fails to make the support payments,
and the following conditions are met:
(1)
the obligor is at least 30 days in arrears; and
(2)
the obligee or a public authority serves written notice of income
withholding, showing arrearage, on the obligor at least 20 days
before service of the notice of income withholding and a copy of
the Court's order on the employer or payer of funds; and
(3)
within the 20 day period, the obligor fails to request and move
the Court to deny withholding on the grounds that an arrearage of
at least 30 days does not exist as of the date of the notice of
income withholding, or a mistake or facts, if the order was issued
ex parte; and
(4)
the obligee or public authority serves a copy of the notice of income
withholding, a copy of the court's order, and the provisions of
this subchapter on the employer or payer of funds;
(b) The
obligor may, at any time, waive the written notice required by this
subchapter.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. II, §§ 2.01, 2.03.
§ 2053. Withholding hearing
Within
30 days from the date of the notice given under 8 MLBSA
§ 2052, the Court shall hold a hearing on the motion of the
obligor and notify the parties of its decision. At the hearing to deny
or change the withholding, if the Court finds that there was not a mistake
of fact, the Court shall order income withholding to begin no later
than the first pay period that occurs after 14 days following the date
of the hearing. If the Court finds that an arrearage of at least 30
days existed as of the date of the notice of income withholding, but
finds a mistake in the amount of arrearage, the court shall order income
withholding, in the corrected amount.
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. II, § 3.
§ 2054. Effect of order
(a)
Notwithstanding any law to the contrary, an order issued by the Court
of Central Jurisdiction for child support is binding on the employer
or payer of funds when service under this subchapter Title has been
made. Withholding shall begin no later than the first pay period that
occurs after 14 days following the date of the notice to the employer
or payer of funds. An employer shall not discharge, or refuse to hire
or otherwise discipline an employee as a result of a wage or salary
withholding authorized by this subchapter.
(b)
To pay the arrearage specified in the notice of income withholding,
the employer or payer of funds shall withhold from the obligor's income
an additional amount not to exceed 20 percent of the monthly obligation
until the arrearage is paid.
(c)
If the amounts currently owed exceed the maximum permitted by law
the employer shall not withhold from an employee more than the maximum
permitted under the Consumer Credit Protection Act, 15 U.S.C. section
1 673(b)(2).
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. II, §§ 2.02, 4, 5.02.
§ 2055. Priority
(a)
An order for withholding under this chapter or execution or garnishment
upon a judgment for child support arrears shall have priority over
an attachment, execution, garnishment, or wage assignment and shall
not be subject to the statutory limitations on amounts levied against
the income of the obligor, except as provided for in this chapter.
Amounts withheld from an employee's income shall not exceed the maximum
permitted by law.
(b)
In the event that there is more than one withholding order for child
support on an employee, the employer shall put the orders into effect,
giving priority first to amounts currently due and not in arrears
up to the maximum amount allowed be law. If there are two or more
orders for child support which cumulatively exceed the maximum allowed
by law, the amount each obligee receives from the withholding shall
be determined as the amount equal to the number of children as a percentage
of the total number of children who are owed support giving priority
first to the judgment issued first. This subsection shall not affect
the actual amount of support ordered, it only pertains to withholdings.
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. II, § 5.
§ 2056. Employer expenses
An employer may deduct two dollars from the obligor-employee's remaining
salary for each payment made pursuant to a withholding order under this
subchapter to cover the employer's expenses involved in the withholding.
Historical
and Statutory Notes
Source: Ordinance 2-94, Ch. 29, T. II, § 6.
§ 2057. Notice from obligor to employer
When an individual is hired for employment, the employer shall request
that the individual disclose whether or not the individual has court
ordered child support obligations that are required by law to be withheld
from income and the terms of the court order. The individual shall disclose
this information at the time of hiring. When an individual discloses
that the individual owes child support that is required to be withheld,
the employer shall begin withholding according to the terms of the order
and under this chapter.
Historical
and Statutory Notes
Source: Ordinance 26-94, Ch. 29, T. II, § 7.
§ 2058. Notice to Court upon termination of employment
When withholding is in effect and the obligor's employment is terminated,
the obligor and the obligor's employer or payer of funds shall notify
the Court and the obligee or public agency responsible for child support
enforcement of the termination within ten days of the termination date.
The notice shall include the obligor's home address and the name and
address of the obligor's new employer or payer of funds, if known. Information
disclosed under this subchapter shall not be divulged except to the
extent necessary for the administration of child support or when authorized
by law.
Historical
and Statutory Notes
Source:
Ordinance 26-94, Ch. 29, T. II, § 7.01.
§ 2059. Order terminating income withholding
Whenever an obligation for child support terminates under the terms
of the order, and where the obligation is enforced by income withholding
from the obligor, the Court shall enter an order directed to the obligor's
employer or other payer of funds, which terminates the income withholding.
The order terminating income withholding must specify the effective
date of the order, referencing the initial order or decree establishing
the support obligation.
Historical
and Statutory Notes
Source: Ordinance 26-94, ch. 29, T. II, § 8.
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