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2016_si_221 IE

S.I. No. 221/2016 - Child Care Act 1991 (Early Years Services) Regulations 2016.

35 Articles / Provisions · Ireland
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Table of Provisions (35)

Statutory Text (35 Articles)

ISB SI

1. (

a

) statement of purpose and function;

(

b

) complaints policy;

(

c

) policy on administration of medication;

(

d

) policy on infection control;

(

e

) policy on managing behaviour;

(

f

) policy on safe sleep;

(

g

) fire safety policy;

(

h

) inclusion policy;

(

i

) outings policy where children attending the service are brought on such outings;

(

j

) policy on accidents and incidents;

(

k

) policy on authorisation to collect children;

(

l

) policy on healthy eating;

(

m

) policy on outdoor play where such play is provided to children attending the service;

(

n

) policy on overnight services where the service is an overnight pre-school service;

(

o

) policy on staff absences;

(

p

) policy on the use of the internet and photographic and recording devices;

(

q

) recruitment policy;

(

r

) risk management policy;

(

s

) settling-in policy;

(

t

) staff training policy;

(

u

) supervision policy.

ISB SI

2. In this Schedule—

“fire safety policy”, in relation to a pre-school service, means a policy specifying—

(

a

) the manner in which the registered provider shall ensure that all employees, unpaid workers and contractors are—

(i) aware of and trained in the procedures to be followed in case of fire in the service, and

(ii) familiar with the location of any fire fighting equipment and trained in the use of such equipment,

(

b

) the frequency and timing of fire drills to be carried out in the service, and

(

c

) the manner in which the record in writing referred to in Regulation 26 is to be maintained;

“inclusion policy”, in relation to a pre-school service, means a policy specifying the manner in which it is ensured that the needs (including the physical, emotional and intellectual needs and the religious beliefs (if any)) of all pre-school children attending the service are addressed in the service;

“outings policy”, in relation to a pre-school service, means a policy specifying the measures to be taken to ensure the safety and welfare of pre-school children attending the service when under the control of the service but not on the premises of the service;

“policy on accidents and incidents”, in relation to a pre-school service, means a policy specifying—

(

a

) the measures to be taken in the service to prevent accidents and incidents,

(

b

) the procedures to be followed when an accident or incident involving a pre-school child occurs while the child is attending the service, including the steps that are to be taken to contact the parent or guardian of the child or the emergency services if necessary,

(

c

) the manner in which a record of the accident or incident should be kept, and

(

d

) the manner in which a record should be shared with the parent or guardian of the child to whom it relates;

“policy on administration of medication”, in relation to a pre-school service, means a policy specifying the procedure to be followed in the service to ensure the safe storage of medication in the service and administration of medication to a pre-school child attending the service;

“policy on authorisation to collect children”, in relation to a pre-school service, means a policy specifying the protocols of the service in relation to the collection from the service of pre-school children attending the service;

“policy on healthy eating”, in relation to a pre-school service, means a policy specifying the manner in which the service shall ensure that the food and drink provided to the pre-school children attending the service is nutritious and complies with the dietary or religious requirements of such a child;

“policy on infection control”, in relation to a pre-school service, means a policy specifying the procedure to be followed in the service to protect persons working in the service and pre-school children attending the service from the transmission of infections;

“policy on managing behaviour”, in relation to a pre-school service, means a policy that—

(

a

) supports positive behaviour by the pre-school children attending the service, and

(

b

) specifies approaches for managing challenging behaviour by a pre-school child attending the service and assisting the child to manage his or her behaviour as appropriate to the age and stage of development of the child;

“policy on outdoor play”, in relation to a pre-school service, means a policy specifying—

(

a

) the manner in which and the times at which pre-school children attending the service have access to outdoor play, whether on the premises or in another location, and

(

b

) the manner in which the health and safety of the pre-school children attending the service while engaged in outdoor play is to be ensured;

“policy on overnight services”, in relation to a pre-school service, means the procedures in place in the service to ensure the safety and welfare of pre-school children attending the service overnight, including in relation to the supervision of such children, sleeping arrangements, bedtime routine and the preservation of the privacy of such children;

“policy on safe sleep”, in relation to a pre-school service, means a policy specifying the manner in which safe and suitable sleeping arrangements are to be provided in the service for pre-school children attending the service;

“policy on staff absences”, in relation to a pre-school service, means the arrangements in place in the service to ensure that the required adult:child ratios specified in Regulation 11 can be met when an employee working directly with children attending the service is absent from the service;

“recruitment policy”, in relation to a pre-school service, means a policy specifying the procedure to be followed by the registered provider when hiring employees and unpaid workers, including the steps to be taken to check and verify references, qualifications and vetting documentation;

“risk management policy”, in relation to a pre-school service, means a policy on the manner in which the registered provider assesses any potential risks to the safety of the pre-school children attending the service, and the steps taken to either eliminate those risks or mitigate them;

“settling-in policy”, in relation to a pre-school service, means the procedures in place in the service to facilitate the integration in the service of a pre-school child when he or she first attends the service, his or her progression within the service and his or her transition to primary school;

“staff training policy”, in relation to a pre-school service, means a policy specifying the manner in which the registered provider shall identify and address the training needs of employees and unpaid workers;

“statement of purpose and function”, in relation to a pre-school service, means a description of the service, including—

(

a

) who the service is aimed at,

(

b

) the class of service provided,

(

c

) the hours of the service,

(

d

) the age range of the children catered for in the service, and

(

e

) the number of children that can be catered for in the service;

“supervision policy”, in relation to a pre-school service, means a policy specifying the manner in which employees, unpaid workers and contractors are supervised and supported in the service in relation to their work practices.

SCHEDULE 6

Adult:Child Ratios

Part 1

Full day care service or part-time day care service

(1)

(2)

(3)

AGE RANGE

ADULT:CHILD RATIO

1.

0-1 year

1:3

2.

1-2 years

1:5

3.

2-3 years

1:6

4.

3-6 years

1:8

Part 2

Sessional pre-school service

(1)

(2)

(3)

AGE RANGE

ADULT:CHILD RATIO

1.

0-1 year

1:3

2.

1 — 2½ years

1:5

3.

2½ — 6 years

1:11

Part 3

Pre-school service in a drop-in centre and temporary pre-school service

(1)

(2)

(3)

AGE RANGE

ADULT:CHILD RATIO

1.

0-6 years

1:4

Part 4

Overnight pre-school service

(1)

(2)

(3)

AGE RANGE

ADULT:CHILD RATIO

1.

0-1 year

1:3

2.

1-6 years

1:5

SCHEDULE 7

Minimum Space Requirements

Full day care service or part-time day care service

(1)

(2)

(3)

AGE RANGE

CLEAR FLOOR SPACE

1.

0-1 year

3.5 square metres

2.

1 — 2 years

2.8 square metres

3.

2 — 3 years

2.35 square metres

4.

3 — 6 years

2.3 square metres

GIVEN under the Official Seal of the Minister for Children and Youth Affairs,

4 May 2016.

JAMES REILLY,

Minister for Children and Youth Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations set out the various requirements to be complied with by persons carrying on pre-school services, for the purpose of securing the health, safety and welfare and premoting the development of pre-school children.

The Child Care (Pre-School Services) (No. 2) Regulations 2006 (

S.I. No. 604 of 2006

) are revoked by these Regulations.

ISB SI

3. Management structure

3(a) Person in Charge (Name to be entered on register as person in charge if different from Proposed Registered Provider)

Particulars of the Person in Charge of the Pre-School Service

Full Name ..............

Date of Birth ..............

Home Address ..........................................

Tel. No. ..............

3(b) Details of Qualifications of Proposed Registered Provider (or Person in Charge, if different)

Awarding Body

Country of Qualification

Qualification

Duration of course

Date Awarded

3(c) Details of the Employment Record of the Proposed Registered Provider (or Person in Charge, if different)

Please include details of present and past employers, including the name, address, and nature of business, together with the dates of employment and details of posts held.

Employer’s name and address

Nature of business

Post held

Dates of employment

Reason for Leaving

From

To

ISB SI

4. Professional Registration details of Proposed Registered Provider (or Person in Charge, if different)

4(a) Is, or was, the proposed registered provider (or person in charge, if different) registered with any health, or allied health professional registration body?

Yes No

4(b) If yes, please provide the following details

Name of registration body

Contact Details

Registration Number

4(c) If yes, please indicate the registration status

Full Associate Student

4(d) If yes, please indicate the expiration date of the current or most recent registration

4(e) Has the proposed registered provider (or person in charge, if different) ever been subject to any disciplinary process pursued by the registration body?

Yes No

If yes give details

............................

ISB SI

5. Previous Registration/notification history

5(a) Were you or was any service operated by your organisation previously registered with or notified to the HSE or Tusla?

Yes No

If yes, provide timeframes and details

............................

5(b) Have you or has any service operated by your organisation been registered as a provider of other social care services eg nursing home, supported accommodation or residential children’s home?

Yes No

If yes, provide timeframes and details

............................

5(c) Have you or has any service operated by your organisation been registered in another jurisdiction either as an Early Years Service or as another social service?

Yes No

If yes, provide timeframes and details

............................

5(d) Have you or has any service operated by your organisation been prosecuted under the

Child Care Act 1991

?

Yes No

If yes, provide timeframes and details

............................

ISB SI

6. Staffing of Temporary Pre-School Service

6(a) Proposed number of staff to be employed in the Preschool Service

..............

6(b) Proposed number of students, interns, or volunteers and other unremunerated staff (if any)

..............

ISB SI

7. Premises

7(a) Do you have sole use of the premises where it is proposed to provide the temporary pre-school service?

Yes No

If no, what other services/individuals will you share the premises with?

............................

7(b) Are the premises that you are planning to use as a temporary Pre-School Service

A domestic dwelling

Purpose-built as a childcare facility

A refurbished/change of use of an existing building

Currently being used as a Pre-School Service

Located in a building where activities other than childcare take placePlease specify the nature of the other activities (e.g. primary school, community hall, older people’s daycare, bridge club etc.)..............

7(c) Please list all the rooms available to the temporary pre-school service together with their function and size

Room

Function

Size(m2)

7(d) Please give details of any outdoor play area available to the pre-school children

Details of Outdoor Play Area

Size (m2)

ISB SI

8. Insurance Arrangements

8(a) Name of Insurance Company

..............

8(b) Address of Insurance Company

..............

8(c) Categories of insurance cover for the pre-school service

Public liability

Fire & theft

Motor insurance

Building Insurance

Outings Insurance

Other

8(d) Number of children covered by insurance

..............

8(e) Date of Insurance Cover From

..............

To

..............

ISB SI

9. Dates on which it is proposed to provide the Temporary Pre-School Service

From

__ / __ /__

To

__ / __ /__

Total No. of Days

__

Hours of operation

_________

ISB SI

10. Directions to your Pre-School Service

Please provide easy-to-follow-directions to the location of the proposed temporary pre-school service

........................................................

ISB SI

11. Fees

The fee for an application for registration of a Temporary Pre-School Service is €80.

ISB SI

12. Declaration

I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a Temporary Pre-School Service.

I agree to notify the Child and Family Agency of any changes to the information on this form.

I declare that I have attached all documentation required to progress my application as set out in this form including the relevant application fee.

I declare that all the information I have given on the application form is true to the best of my knowledge and belief.

The name below is that of the proposed registered provider.

Name: ..............

Signed on behalf of the proposed registered provider:..............

Status of Signatory (for example Individual, director, chairperson):..............

Date ..............

SCHEDULE 4

Form for Notification of Change in Circumstances

Name of Service

Reference Number

Address of Service

Please tick (

) column(s) in respect of which you are notifying a change in circumstances

Please complete the following

Summary of reason for notification

Change of Service Name

Change of Service Address

Change of Registered Provider

Change in Legal Name of Company

Change of Person in charge

Change in Service Type

Change in No of children that can be accommodated

Change in age profile of children for which the service is registered to provide services

Name of Service as per the Register

Ref No.

Current Information on Register which you Propose to Change

New Information which is proposed to be entered on Register

Signature of Registered Provider ..............

Date: ..............

SCHEDULE 5

Policies, procedures and statements

ISB SI

13. (1) A registered provider of a temporary pre-school service or a pre-school service in a drop-in centre shall ensure there are no more than 24 children attending the service at any given time.

(2) A registered provider of a temporary pre-school service shall ensure that no child attends the service for longer than 8 hours consecutively.

(3) A registered provider of a pre-school service in a drop-in centre shall ensure that no child attends the service for longer than 2 hours consecutively.

Review of pre-school service

ISB SI

14. A registered provider of a pre-school service other than a temporary pre-school service shall ensure that—

(

a

) at regular intervals, being intervals of not more than one year, a review is carried out in respect of the quality and safety of care provided by the pre-school service to pre-school children attending the service, including a review of the policies, procedures and statements of the service, and

(

b

) a record of each such review is maintained for a period of 3 years after the review is carried out.

PART IV

Information and Records

Record of pre-school child

ISB SI

15. (1) A registered provider of a pre-school service other than a pre-school service in a drop-in centre or a temporary pre-school service shall ensure that a record in writing is kept in respect of each pre-school child attending the service containing the following particulars

(

a

) the name and date of birth of the child;

(

b

) the date on which the child first attended the service;

(

c

) the date on which the child ceased to attend the service;

(

d

) the name and address of a parent or guardian of the child and a telephone number where that parent or guardian or a relative or friend of the child can be contacted during the hours of operation of the service;

(

e

) authorisation for the collection of the child;

(

f

) details of any illness, disability, allergy or special need of the child, together with all the information relevant to the provision of special care or attention;

(

g

) the name and telephone number of the child’s registered medical practitioner;

(

h

) record of immunisations, if any, received by the child;

(

i

) written parental consent for appropriate medical treatment of the child in the event of an emergency.

(2) A registered provider of a pre-school service in a drop-in centre or of a temporary pre-school service shall ensure that a record in writing is kept in respect of each pre-school child attending the service containing the particulars specified in subparagraphs (

a

), (

d

), (

e

) and (

f

) of paragraph (1).

(3) A record in writing referred to in paragraph (1) or (2) shall be open to inspection on the premises by—

(

a

) a parent or guardian of a pre-school child but only in respect of the record relating to that child,

(

b

) an employee who is authorised in that behalf by the registered provider, and

(

c

) an authorised person.

(4) A registered provider shall ensure that a record in writing referred to in paragraph (1) is retained for a period of 2 years from the date on which the child to whom it relates ceases to attend the service.

(5) A registered provider shall ensure that a record in writing referred to in paragraph (2) is retained for a period of 2 years from the date on which the child attends the service.

Record in relation to pre-school service

ISB SI

16. (1) A registered provider shall ensure that a record in writing is kept of the following information in relation to the service

(

a

) the name, position, qualifications and experience of the person in charge and of every other employee, unpaid worker and contractor;

(

b

) details of the class of service and the age profile of children for which the service is registered to provide services;

(

c

) details of the adult:child ratios in the service;

(

d

) the type of care or programme provided in the service;

(

e

) the facilities available;

(

f

) the opening hours and fees;

(

g

) the policies, procedures and statements the service is required to maintain in accordance with Regulation 10;

(

h

) details of attendance by each pre-school child on a daily basis;

(

i

) details of staff rosters on a daily basis;

(

j

) details of any medication administered to a pre-school child attending the service with signed parental consent;

(

k

) details of any accident, injury or incident involving a pre-school child attending the service.

(2) A registered provider shall ensure that—

(

a

) all documents and records relating to references and Garda and police vetting obtained under Regulation 9(2) are retained for a period of 5 years from the date on which the person to whom the document or record relates commences working in the service, and

(

b

) a record referred to in subparagraph (

h

), (

j

) or (

k

) of paragraph (1) is retained for a period of 2 years from the date on which the child to whom it relates ceases to attend the service, or in the case of a pre-school service in a drop-in centre or of a temporary pre-school service, for a period of 2 years from the date on which the child attends the service.

(3) A record referred to in paragraph (1) shall be open to inspection on the premises, and the documents and records referred to in paragraph (2)(

a

) shall be open to inspection whether on the premises or elsewhere, by an authorised person.

(4) A record referred to in paragraph (1) shall be open to inspection on the premises by a parent or guardian of a child but only in respect of information concerning that child.

(5) For the purposes of operating the pre-school service, a record referred to in paragraph (1) shall be open to inspection on the premises by an employee who is authorised in that behalf by the registered provider.

Information for parents

ISB SI

17. A registered provider shall ensure that a parent or guardian of a child proposing to attend the service is provided with the information referred to in subparagraphs (

a

) to (

g

) of Regulation 16(1).

Copy of Act etc

ISB SI

18. A registered provider shall ensure that a copy of Part VIIA (inserted by

section 92

of the

Child and Family Agency Act 2013

(No. 40 of 2013)) of the Act and of these Regulations is kept on the premises and the said copies shall be open to inspection on the premises by—

(

a

) a parent or guardian of a child attending or proposing to attend the service,

(

b

) an employee, unpaid worker or contractor, and

(

c

) an authorised person.

PART V

Care of Child in Pre-School Service

Health, welfare and development of child

ISB SI

19. (1) A registered provider shall, in providing a pre-school service, ensure that—

(

a

) each child’s learning, development and well-being is facilitated within the daily life of the pre-school service through the provision of the appropriate activities, interaction, materials and equipment, having regard to the age and stage of development of the child, and

(

b

) appropriate and suitable care practices are in place in the pre-school service, having regard to the number of children attending the service and the nature of their needs.

(2) A registered provider shall ensure that no corporal punishment is inflicted on a pre-school child whilst attending the service.

(3) A registered provider shall ensure that no practices that are disrespectful, degrading, exploitive, intimidating, emotionally or physically harmful or neglectful are carried out in respect of a pre-school child whilst attending the service.

(4) A registered provider shall ensure that a pre-school child shall not be—

(

a

) permitted access to the internet,

(

b

) photographed, or

(

c

) recorded,

while attending the pre-school service other than in accordance with the terms of the consent of a parent or guardian given in the form specified in the service’s policy on the use of the internet and photographic and recording devices.

Facilities for rest and play

ISB SI

20. (1) Subject to this Regulation, a registered provider shall ensure that—

(

a

) having regard to the number of pre-school children attending the service, their respective ages and the amount of time they spend on the premises, there are adequate and suitable facilities for each child to play indoors and, where required by these Regulations, outdoors, during the day, and

(

b

) there are adequate and suitable facilities for a pre-school child to rest during the day, and in the case of an overnight pre-school service, during the day and the night.

(2) A registered provider—

(

a

) of a full day care service, a part-time day care service, a sessional pre-school service or a childminding service that is registered for the first time on or after 30 June 2016, or

(

b

) of a full day care service, a part-time day care service, a sessional pre-school service or a childminding service that moves premises on or after 30 June 2016,

shall ensure that a suitable, safe and secure outdoor space to which the pre-school children attending the service have access on a daily basis is provided on the premises.

(3) A registered provider of a full day care service, a part-time day care service or a childminding service, other than such a service to which paragraph (2) applies, shall ensure that—

(

a

) a suitable, safe and secure outdoor space to which the pre-school children attending the service have access on a daily basis is provided on the premises, or

(

b

) where no such space is provided, the pre-school children attending the service have access on a daily basis to a suitable outdoor space.

(4) Where outdoor space to which the pre-school children attending the service have access is provided on the premises of a sessional pre-school service other than such a service to which paragraph (2) applies, a temporary pre-school service or a pre-school service in a drop-in centre, the registered provider shall ensure that such outdoor space is suitable, safe and secure.

(5) Where pre-school children attending a sessional pre-school service other than such a service to which paragraph (2) applies, a temporary pre-school service or a pre-school service in a drop-in centre have access to an outdoor space other then such a space specified in paragraph (4), the registered provider shall ensure that such outdoor space is suitable.

Equipment and materials

ISB SI

21. A registered provider shall ensure that there is adequate and suitable furniture, play and work equipment and materials available on the premises of the pre-school service.

Food and drink

ISB SI

22. A registered provider shall ensure that adequate and suitable, nutritious and varied food and drink is available for each pre-school child attending the pre-school service.

PART VI

Safety

Safeguarding health, safety and welfare of child

ISB SI

23. A registered provider shall ensure that all reasonable measures are taken to safeguard the health, safety and welfare of a pre-school child attending the service and that the environment of the service is safe.

Checking in and out and record of attendance

ISB SI

24. (1) A registered provider shall ensure that each pre-school child attending the service is checked in and out of the service by an employee or an unpaid worker.

(2) Where there are more than 15 children attending a pre-school service in a drop-in centre, the registered provider shall ensure that one employee or unpaid worker is assigned responsibility for the checking in and out of children.

(3) A registered provider shall ensure that—

(

a

) no person other than—

(i) a pre-school child attending the service,

(ii) a person dropping or collecting such a child,

(iii) an employee, or

(iv) an unpaid worker,

can enter the premises without his or her entry being approved by an employee, and

(

b

) a daily record in writing is kept of the entry on the premises of any such person.

(4) A registered provider shall ensure that a record in writing referred to in paragraph (3)(

b

) is retained for a period of one year from the date to which it relates.

First aid

ISB SI

25. (1) A registered provider shall ensure that a person trained in first aid for children is, at all times, immediately available to the children attending the pre-school service.

(2) A registered provider shall ensure that a suitably equipped first aid box for children—

(

a

) is safely stored in an easily accessible and conspicuous position on the premises, and

(

b

) is available to the children attending the pre-school service at all times.

Fire safety measures

ISB SI

26. (1) A registered provider shall ensure that a record in writing is kept of—

(

a

) any fire drill that takes place in the premises, and

(

b

) the number, type and maintenance record of fire fighting equipment and smoke alarms in the premises.

(2) The record referred to in paragraph (1) shall be open to inspection by—

(

a

) a parent or guardian of a pre-school child attending or proposing to attend the pre-school service,

(

b

) an employee, and

(

c

) an authorised person.

(3) A registered provider shall ensure that a record referred to in paragraph (2) is retained for a period of 5 years after its creation.

(4) A notice of the procedures to be followed in the event of fire shall be displayed in a conspicuous position in the premises.

Supervision

ISB SI

27. A registered provider shall ensure that pre-school children attending the service are supervised at all times.

Insurance

ISB SI

28. A registered provider shall ensure that the pre-school service is adequately insured.

PART VII

Premises and Space Requirements

Premises

ISB SI

29. A registered provider shall ensure that the premises of the service are—

(

a

) of sound and stable structure,

(

b

) safe and secure,

(

c

) kept adequately lit, heated and ventilated,

(

d

) cleaned, maintained and repaired, as required, and

(

e

) equipped with adequate and suitable sanitary facilities.

Minimum space requirements

ISB SI

30. (1) Subject to paragraphs (2) to (6), a registered provider shall ensure that adequate clear floor space is available in the premises for the work, play and movement of children attending the pre-school service.

(2) A registered provider of a full day care service or a part-time day care service shall ensure that the minimum amount of clear floor space specified in column (3) of Schedule 7 opposite a particular reference number specified in column (1) of that Schedule in respect of the age range of children specified in column (2) thereof at that reference number is available for each child in that age range attending the service.

(3) A registered provider of a sessional pre-school service or a pre-school service in a drop-in centre shall ensure that a minimum of 1.818 square metres of clear floor space is available for each child attending the service.

(4) Where a registered provider contemporaneously provides—

(

a

) a sessional pre-school service, and

(

b

) a full day care service or a part-time day care service, or both,

the minimum clear floor space applicable for the duration of the sessional pre-school service in respect of the children attending that service shall be the floor space specified in paragraph (3).

(5) A registered provider of a temporary pre-school service shall ensure that a minimum of 2 square metres of clear floor space is available for each child attending the service.

(6) Subject to paragraph (7), a registered provider of a sessional pre-school service shall ensure that there are no more than 22 children in a room in the service at any time.

(7) Paragraph (6) shall not apply where a registered provider contemporaneously provides—

(

a

) a sessional pre-school service, and

(

b

) a full day care service or a part-time day care service, or both.

PART VIII

Notifications and complaints

Notification of incidents

ISB SI

31. A registered provider shall notify the Agency in writing within 3 working days of becoming aware of any of the following incidents occurring in the pre-school service

(

a

) the death of a pre-school child while attending the service, including the death of a child in hospital following his or her transfer to hospital from the service;

(

b

) the diagnosis of a pre-school child attending the service, an employee, unpaid worker, contractor or other person working in the service as suffering from an infectious disease within the meaning of the Infectious Diseases Regulations 1981 (

S.I. No. 390 of 1981

);

(

c

) an incident that occurs in the service and that results in the service being closed for any length of time;

(

d

) a serious injury to a pre-school child while attending the service that requires immediate medical treatment by a registered medical practitioner whether in a hospital or otherwise;

(

e

) an incident in respect of which a pre-school child attending the service goes missing while attending the service.

Complaints

ISB SI

32. (1) A registered provider shall ensure that the complaints policy of the service specifies—

(

a

) the procedure to be followed by a person for the purposes of making a complaint in relation to the service,

(

b

) the manner in which such a complaint shall be dealt with, and

(

c

) the procedures for keeping a person who makes such a complaint informed of the manner in which it is being dealt with.

(2) A registered provider shall ensure that—

(

a

) a record in writing is kept of a complaint made to the provider in respect of the pre-school service, and

(

b

) the complaint is duly dealt with in accordance with the provider’s complaints policy.

(3) A record in writing referred to in paragraph (2)(

a

) shall—

(

a

) include the nature of the complaint and the manner in which the complaint was dealt with, and

(

b

) be open to inspection on the premises by an authorised person.

(4) A registered provider shall ensure that a record in writing referred to in paragraph (2)(

a

) is retained for a period of 2 years from the date on which the complaint has been dealt with.

(5) The requirement in paragraph (4) is without prejudice to any requirement to retain the record in writing referred to in paragraph (2)(

a

) under any other enactment or rule of law.

Part IX

Inspection and Enforcement

Furnishing of information to Agency

ISB SI

33. A registered provider shall furnish the Agency with such information as the Agency may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form, if any, as may be specified by the Agency.

Inspection

ISB SI

34. (1) The Agency shall, following an inspection by an authorised person of a pre-school service, furnish a report in writing to the registered provider of the outcome of the inspection.

(2) Subject to paragraph (1), the Agency shall take such steps as are necessary to enforce these Regulations in relation to the pre-school service concerned.

Enforcement and execution

ISB SI

35. These Regulations shall be enforced and executed by the Agency.

SCHEDULE 1

Application Fees

(1)

(2)

(3)

Class of Service

Annual fee

1.

Full day care service

€80

2.

Part-time day care service

€80

3.

Sessional pre-school service

€40

4.

Pre-school service in a drop-in centre

€80

5.

Temporary pre-school service

€80

6.

Childminding service

€40

7.

Overnight pre-school service

€80

SCHEDULE 2

Application Form for Registration of Pre-School Service

Part VIIA of the

Child Care Act 1991

as inserted by Section 92 of the Child & Family Agency Act 2013.

Please complete in BLACK pen, in BLOCK CAPITALS

Information to be enclosed with application form

• Garda vetting/Police vetting for proposed registered provider and person in charge if different

• Two references in respect of the proposed registered provider, and in respect of the person in charge if different

• Floor plan of the interior design of the centre giving details of the dimensions of all rooms intended for children’s use, also indicating owner’s/staff rooms

• Plan of any outdoor area available for children’s use

• Evidence of registration from Companies Registration Office, where applicable

• Proof of identity of the proposed registered provider (copy of passport or driving licence are the only acceptable documents)

• Copy of the Certificate of Insurance or written confirmation of insurance cover

• Copy of Statement of Purpose and Function

• Copy of Safety Statement

• Copy of Policy on Managing Behaviour

• Copy of Complaints Policy

• Copy of Policy on Administration of Medication

• Copy of Policy on Infection Control

• Copy of Policy on Safe Sleep• Application Fee Due

Please note that only fully completed application forms will be accepted.

All information must be accurate and comprehensive

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