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to Table of Contents Mille
Lacs Band Statutes Annotated
Amendments received through: August 29, 2003 TITLE 8 - CHILDREN AND FAMILIES
CHAPTER 11
CHILD CARE
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 "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.
SUBCHAPTER I GENERAL PROVISIONS
Historical and Statutory Notes The enacting clause of Band Statute 1019-MLC-46 provides:
Part A Definitions Section901. Definitions.
The Mille Lacs Reservation Business Committee hereby establishes that the following definition of terms be utilized when interpreting this subchapter.
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
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. 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. 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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, §§ 2.02, 2.07.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, §§ 2.02, 2.08. 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. 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. 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. 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. 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. 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. 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 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. 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. 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. 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. 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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 3.05. Cross References Cleanliness and sanitation, child care centers, see 8 MLBSA § 1510. 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. 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.
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.
Space designated for use by an ill child need not be permanently arranged but shall be:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46. § 3.10. Cross References Children
who become ill, see 8 MLBSA § 1046. 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.
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.
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.
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.
Part D Program Section Cross References Program, child care centers, see 8 MLBSA § 1571 et seq. 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. 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. The program daily schedule shall include the following guidelines and instructions:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 4.02. 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. The following guides for equipment and materials should be followed in a child care center:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 4.04. Cross References Facility,
equipment and furniture, see 8 MLBSA § 984.
Part E Health Section Cross References Child care
centers, health and safety, see 8 MLBSA § 1501
et seq.
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.
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.
Written evidence will be obtained from each parent of the following information:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 5.02. 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.
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.
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. 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. 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.
Part F Nutrition Section
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. 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. 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. 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.
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.
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.
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 Section1101. 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.
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. 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. 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. 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.
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. 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.
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.
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.
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.
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 Cross References Sample menus provided at time of admission, child care centers, see 8 MLBSA § 1543.
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.
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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 8.02, 8.03. Cross References Diet of infant, see 8 MLBSA § 1074. 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
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.
Every child program shall submit administrative and management information to the licensing committee. Along with the application for licensure, the information must include:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 9.01.
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.
All child care centers licensed by the Mille Lacs Reservation Business Committee:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 9.03.
Part J Staff Requirements Section Cross References Child care centers, qualifications and training of applicant and staff, see 8 MLBSA § 1441 et seq.
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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 10.01.
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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, §§ 10.03, 10.05, 10.06.
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. 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.
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. 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 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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 11.01. Cross References Records, child care centers, see 8 MLBSA § 1671 et seq. The program coordinator shall assure the following written documents:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 11.02.
Part L Insurance Section
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
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.
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.
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.
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.
The Program Coordinator shall maintain an annual budget which shall provide information on the following areas of itemization:
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 13.04.
Part N Day Care Learning Centers Serving Special Needs Children
Section 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.
Historical and Statutory Notes Source: Band Statute 1019-MLC-46, § 14.01. Prior to the admis |