Pennsylvania daycare regulations

Child care center: 7 or more children

55 Pa. Code § 3270.3; 62 P.S. § 1001 Effective April 1992 Centers View rule 55 Pa. Code § 3270.3; 62 P.S. § 1001

A child care center cares for seven or more children aged 15 or younger at one time, for part of a 24-hour day. The rules also cover care at a parent's work site and before- and after-school care in private schools and nursery schools. They don't cover care by relatives, care in places of worship during services, care where the parent is always present, or private-school instruction hours.

Group child care home: 7 to 12 children

55 Pa. Code §§ 3280.3, 3280.51 Effective December 2020 Group child care homes View rule 55 Pa. Code §§ 3280.3, 3280.51

A group child care home cares for more than 6 but fewer than 13 children (or up to 15 if all are older school-age, 4th grade and up). It may be in a residence or another building. It follows its own chapter, ch. 3280, with its own staffing table.

Family child care home: 4 to 6 unrelated children

55 Pa. Code §§ 3290.3, 3290.51; 62 P.S. § 1001 Effective December 2020 Family child care View rule 55 Pa. Code §§ 3290.3, 3290.51; 62 P.S. § 1001

A family child care home is a home (not the child's own) where four, five or six children unrelated to the operator are in care at one time. Pennsylvania's certification rules start at four unrelated children. Care only for relatives is exempt.

Applying and renewing

55 Pa. Code §§ 3270.11, 3280.11, 3290.11; §§ 20.21, 20.22 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.11, 3280.11, 3290.11; §§ 20.21, 20.22

Before opening, the owner or a representative must attend a DHS orientation (within the 12 months before opening) and complete professional development in the same 10 health and safety topics required of staff. DHS inspects before issuing the first certificate. A certificate lasts no more than 12 months, and the renewal application is due at least 60 days before it expires. Group and family home applicants must also submit clearances for every adult 18 or older who lives in the home at least 30 days a year.

Operating without a certificate

62 P.S. §§ 1002, 1031 CentersGroup child care homesFamily child care View rule 62 P.S. §§ 1002, 1031

Running a facility that needs a certificate without one is illegal. Penalties rise with each offense: a first offense is a summary offense with a $25–$300 fine; a fourth offense, or one where a child is seriously injured or dies, is a third-degree felony with a fine of at least $10,000. If a provider cited for operating without a license doesn't apply within 14 days, DHS adds $20 per child per day.

School-age programs that are not covered

55 Pa. Code § 3270.3a Effective September 2007 CentersSchool-age programs View rule 55 Pa. Code § 3270.3a

This DHS statement of policy says the center rules don't apply to some part-day school-age programs: programs that run fewer than 90 consecutive days a year, programs of 2 hours or less a day on 3 or fewer days a week, single-purpose programs such as a basketball or art class, PDE-licensed tutoring programs, and drop-in programs where children come and go at will.

Center ratios and group sizes

55 Pa. Code § 3270.51 Effective April 1992 Centers View rule 55 Pa. Code § 3270.51

One staff person may care for at most: infants 4 (maximum group 8); young toddlers 5 (group 10); older toddlers 6 (group 12); preschoolers 10 (group 20); young school-age 12 (group 24); older school-age 15 (group 30). A group at its maximum size needs two staff persons.

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Pennsylvania's number for that room's age group. SafePass's built-in defaults are not Pennsylvania's. Its toddler default is 1:6, which matches Pennsylvania's older toddlers (2 to 3) but is looser than its 1:5 for young toddlers (1 to 2). SafePass does not apply Pennsylvania's youngest-child rule for mixed-age groups or check group-size limits.

Mixed-age groups: the youngest child decides

55 Pa. Code § 3270.52 Effective September 2008 Centers View rule 55 Pa. Code § 3270.52

When ages are mixed in a group, the age of the youngest child sets both the ratio and the maximum group size. One young toddler in a preschool room means the whole group is held to 1:5 and a group of 10.

Staff's own children and the two-adult rule

55 Pa. Code §§ 3270.53, 3270.54 Effective April 1992 Centers View rule 55 Pa. Code §§ 3270.53, 3270.54

The operator's related or foster children and staff persons' children count toward the ratio and the room's space capacity. At least two facility persons must be in the center whenever two or more children are in care, and on every excursion. At least one of them must be a staff person. If the ratio calls for only one staff person, the second adult can be another facility person, such as a cook.

SafePass tip: SafePass Kiosk check-ins give you a running count of who is in care right now, by child and age. Add staff members' children as enrolled children so they appear in the count.

Naptime ratios

55 Pa. Code § 3270.55 Effective April 1992 Centers View rule 55 Pa. Code § 3270.55

While toddlers and preschoolers nap, the ratio may relax to 1:10 for young toddlers, 1:12 for older toddlers and 1:20 for preschoolers. Infant ratios do not change. Staff on duty who aren't watching the nap must stay in the child care part of the building.

Group child care home ratios

55 Pa. Code § 3280.52 Effective September 2008 Group child care homes View rule 55 Pa. Code § 3280.52

A primary staff person must be present whenever children are in care, and two facility persons must go on any excursion. Ratios are the same as centers (infant 1:4, young toddler 1:5, older toddler 1:6, preschool 1:10, young school-age 1:12, older school-age 1:15), but the group maximum is 12 (15 for older school-age). A full group of 12 infants or young toddlers needs three staff; 12 older toddlers or preschoolers need two. The youngest child sets the ratio in mixed groups.

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Pennsylvania's number for that room's age group. SafePass's built-in defaults are not Pennsylvania's. Its toddler default is 1:6, which matches Pennsylvania's older toddlers (2 to 3) but is looser than its 1:5 for young toddlers (1 to 2). SafePass does not apply Pennsylvania's youngest-child rule for mixed-age groups or check group-size limits.

Family child care home limits

55 Pa. Code §§ 3290.51, 3290.52 Effective December 2020 Family child care View rule 55 Pa. Code §§ 3290.51, 3290.52

No more than six unrelated children at one time. The related children of either the owner or the staff person (not both) may be left out of that count. Separately, the home may have no more than five infants and toddlers in total, related or not, and no more than two of them may be infants: two infants plus three toddlers, one infant plus four toddlers, or five toddlers.

SafePass tip: SafePass Kiosk check-ins give a running count of who is in care, by child and age. Add your own young children as enrolled children if you want them in the infant and toddler count.

Swimming and wading ratios

55 Pa. Code § 3270.115 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.115

While children swim or use a wading pool, ratios tighten to: infants 1:1, toddlers 1:2, preschool 1:5, young school-age 1:6, older school-age 1:8. A certified lifeguard must be present and doesn't count toward the ratio, and staff counted in the swimming ratio need water safety instruction every year. In-ground pools must be fenced with a locked gate. Group homes follow the same table (§ 3280.115). In a family child care home, a staff person must be physically present with any child who is swimming or wading (§ 3290.115).

Center maximum group sizes

55 Pa. Code § 3270.51 Effective April 1992 Centers View rule 55 Pa. Code § 3270.51

Infants 8, young toddlers 10, older toddlers 12, preschoolers 20, young school-age 24, older school-age 30, each with two staff at the maximum. Group size limits don't apply while children are being transported (§ 3270.173).

Group home capacity

55 Pa. Code § 3280.51 Effective April 1992 Group child care homes View rule 55 Pa. Code § 3280.51

No more than 12 children unrelated to the operator at one time, or 15 in a home serving only older school-age children.

Indoor and play space

55 Pa. Code §§ 3270.61, 3270.62 Effective December 2020 Centers View rule 55 Pa. Code §§ 3270.61, 3270.62

Indoor child care space allows one child per 40 square feet, measured inside permanent walls and including furniture, but not halls, bathrooms, offices or kitchens. Play space for running and climbing (indoor or outdoor) must give 65 square feet per child, 50 per toddler and 40 per infant. Capacity may be exceeded only in limited cases: at naptime on rest equipment, for up to two half-hour activity periods a day for older children, and at meals for up to 1 hour.

Center director

55 Pa. Code § 3270.34 Effective December 2020 Centers View rule 55 Pa. Code § 3270.34

A director needs one of: a bachelor's degree in early childhood education, child development, special education, elementary education or human services plus 1 year of experience with children; any bachelor's with 30 credits in those fields plus 2 years; an associate degree in those fields plus 3 years; or any associate degree with 30 such credits plus 4 years. The director must be on site at least 30 hours a week and evaluate each staff person in writing at least every 12 months. In a center with 45 or fewer children enrolled, the director may also serve as group supervisor.

SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so diplomas, transcripts and credentials are in one place for the inspector.

Group supervisor

55 Pa. Code § 3270.35 Effective April 1992 Centers View rule 55 Pa. Code § 3270.35

A group supervisor plans and runs daily activities. Qualifications range from a bachelor's degree in early childhood or a related field, to an associate degree with 2 or 3 years of experience. Centers with more than 45 children enrolled need a group supervisor for the first 45 and for each additional 45 (or part), each on site at least 30 hours a week.

Assistant group supervisor and aide

55 Pa. Code §§ 3270.36, 3270.37 Effective April 1992 Centers View rule 55 Pa. Code §§ 3270.36, 3270.37

An assistant group supervisor needs a high school diploma or GED plus one of: 30 related college credits, 15 credits and 1 year of experience, 600 hours of approved secondary training, a post-secondary training program, or 2 years of experience with children. An aide needs a high school diploma or GED, or an 8th-grade education plus either 2 years of experience or enrollment in an approved training program. Aides must always be supervised by at least an assistant group supervisor.

Ages and staffing mix

55 Pa. Code §§ 3270.31, 3270.33 Effective December 2020 Centers View rule 55 Pa. Code §§ 3270.31, 3270.33

Staff persons must be at least 18. Volunteers must be at least 16 and directly supervised at all times. A 16- or 17-year-old can count as staff only while enrolled in an approved 600-hour training program. At least half of a center's staff must be qualified and working as directors, group supervisors or assistant group supervisors, so no more than half may be aides.

Group home staff

55 Pa. Code §§ 3280.34, 3280.35 Effective December 2020 Group child care homes View rule 55 Pa. Code §§ 3280.34, 3280.35

A primary staff person supervises the children and needs a high school diploma or GED plus 30 related credits, 15 credits and 1 year of experience, 600 hours of approved training, a post-secondary program, or 2 years of experience. A secondary staff person needs a high school diploma or GED, or an 8th-grade education plus 2 years of experience or enrollment in approved training, and works under the primary staff person.

Family child care operator

55 Pa. Code § 3290.31(a)–(c) Effective December 2020 Family child care View rule 55 Pa. Code § 3290.31(a)–(c)

The operator must be at least 18 and have a high school diploma or GED, with proof sent to the regional office no later than the second renewal application. Any other staff person must be 18 or older, and volunteers 16 or older under direct supervision. Operators registered before September 22, 2008 are permanently qualified (§ 3290.213).

Three clearances before starting

23 Pa.C.S. § 6344(a)–(b) CentersGroup child care homesFamily child care View rule 23 Pa.C.S. § 6344(a)–(b)

Employees of child care services, self-employed family child care providers and contractors who provide child care must submit, before they start: a Pennsylvania State Police criminal history report, a DHS child abuse history certification, and an FBI criminal history report based on fingerprints.

SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page, which lines up with Pennsylvania's 60-month renewal. It does not request clearances or track the separate out-of-state and sex offender registry checks.

Extra checks for child care staff and volunteers

23 Pa.C.S. § 6344(f.1) CentersGroup child care homesFamily child care View rule 23 Pa.C.S. § 6344(f.1)

Employees and volunteers of child care centers, group homes and family child care homes must also provide, before starting, child abuse, criminal history and sex offender registry checks from every other state they lived in during the past five years, plus a DHS notice on whether they appear on the National Sex Offender Registry.

Who cannot be hired

23 Pa.C.S. § 6344(c) CentersGroup child care homesFamily child care View rule 23 Pa.C.S. § 6344(c)

No one may be hired who is named as the perpetrator of a founded child abuse report from the last five years, who has been convicted of a listed serious offense (such as homicide, kidnapping, sexual offenses or child endangerment), or who has a drug felony from the last five years. For child care facilities, the law adds felony strangulation, felony arson, interstate domestic violence offenses, and anyone listed on a sex offender registry.

Provisional hiring (up to 45 days)

23 Pa.C.S. § 6344(m) CentersGroup child care homesFamily child care View rule 23 Pa.C.S. § 6344(m)

A new hire may work provisionally for a single period of up to 45 days only if they have applied for all clearances, swear in writing that they are not disqualified, already have the child abuse result plus either the State Police or FBI result, and are never alone with children while working near a permanent employee.

Renew every 60 months

23 Pa.C.S. § 6344.4 CentersGroup child care homesFamily child care View rule 23 Pa.C.S. § 6344.4

Clearances must be renewed every 60 months, counted from the date of the oldest clearance.

SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page, which lines up with Pennsylvania's 60-month renewal. It does not request clearances or track the separate out-of-state and sex offender registry checks.

What the facility must keep

55 Pa. Code §§ 3270.32, 3270.192 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.32, 3270.192

The operator must follow the Child Protective Services Law and must not let anyone into the facility known to be convicted of, or awaiting trial for, child abuse, neglect, physical violence or moral corruption. Each staff file holds copies of the clearance requests and results and the disclosure statement. Centers and group homes also keep two written references from people who are not family (§§ 3270.192, 3280.192). Family and group homes also submit clearances for every resident 18 or older who lives there at least 30 days a year (§§ 3290.11(h), 3280.11(e)).

10 health and safety topics within 90 days

55 Pa. Code § 3270.31(f)–(j) Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.31(f)–(j)

Every staff person must complete professional development within 90 days of hire in: infectious disease prevention and immunization; SIDS prevention and safe sleep; giving medication; food and allergic reaction emergencies; building and premises safety; shaken baby syndrome and abusive head trauma; emergency preparedness; hazardous materials and biocontaminants; transporting children; and pediatric first aid and CPR. Completion must be documented with the trainer's signature, title and the date. Training taken since September 30, 2016 counts. Group homes and family homes have the same rule (§§ 3280.31, 3290.31(g)).

SafePass tip: SafePass keeps dated training records in each staff profile.

12 clock hours every year

55 Pa. Code § 3270.31(e) Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.31(e)

Each staff person needs at least 12 clock hours of child care training a year, from a college, a qualified trainer, conferences or workshops, or recognized audio-visual materials. Topics include health, child development, supervision and guidance, nutrition and program development. The 90-day health and safety training can count toward the 12 hours once. Ongoing health and safety training must come before other topics when it is available.

SafePass tip: SafePass tracks training and certification expiration dates for each caregiver you add as staff.

Pediatric first aid and CPR

55 Pa. Code §§ 3270.31(e)(4)(i), 3270.33(d) Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.31(e)(4)(i), 3270.33(d)

All staff persons must renew their pediatric first aid and pediatric CPR certification on or before it expires. At least one facility person trained in pediatric first aid and CPR must be on site whenever a child is in care. Group homes and family homes have the same rules (§§ 3280.33(c), 3290.32(d)).

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Yearly fire safety training (centers)

55 Pa. Code § 3270.31(e)(4)(ii) Effective December 2020 Centers View rule 55 Pa. Code § 3270.31(e)(4)(ii)

Center staff must attend fire safety training from a fire protection professional at least once a year. Staff and volunteers must learn to maintain smoke detectors, their duties during a drill and a real fire, and how to use the center's fire extinguishers.

Supervision at all times

55 Pa. Code § 3270.113(a) Effective September 2008 CentersGroup child care homes View rule 55 Pa. Code § 3270.113(a)

A staff person must supervise children at all times, on the premises (including the outdoor play area) and on excursions. Each staff person is assigned specific children, must know their names and whereabouts, and must be physically present with them. Group homes have the same rule (§ 3280.113).

SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance.

Family homes: monitors while cooking, 16-hour limit

55 Pa. Code § 3290.113(f)–(g) Effective December 2020 Family child care View rule 55 Pa. Code § 3290.113(f)–(g)

As in centers, a staff person must supervise children at all times, on and off the premises, within the home's limits on numbers. When the operator is alone and is preparing a meal or snack or using the restroom, they may supervise through an electronic monitor, camera, mirror or similar method that lets them see, hear, direct and assess the children in real time. This is allowed only for as long as the task takes, the operator must stay on the premises, and it must be written into the home's supervision policy. In 24-hour care, the operator may not work more than 16 hours in 24 and must arrange another staff person.

Sick children

55 Pa. Code §§ 3270.136, 3270.137 Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.136, 3270.137

A child with symptoms of a communicable disease that may threaten others must be kept out until a physician or CRNP says the child is no longer a threat, and the note goes in the child's file. Parents must be told promptly when their child becomes ill, and all parents must be told about a suspected outbreak. Reportable diseases go to the Department of Health or local health department.

SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.

Adult health assessments

55 Pa. Code § 3270.151 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.151

Anyone who gives direct care or prepares food needs a health assessment by a physician, physician assistant or CRNP within 12 months before starting and every 24 months after. It must include a physical, a TB screening at hire (DHS accepts an IGRA blood test instead of the skin test, § 3270.151a) and an opinion on the person's suitability to care for children. Group homes have the same rule (§ 3280.151). In a family child care home, each caregiver's assessment must be on file, is valid for 24 months, and is submitted to DHS before each initial or renewal certificate (§ 3290.151).

SafePass tip: SafePass staff profiles store documents with expiration dates, so you can track each health assessment's 24-month renewal.

Handwashing and diapering

55 Pa. Code §§ 3270.134, 3270.135 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.134, 3270.135

Children's hands must be washed before meals and snacks, after toileting and after diapering, and staff must do the same. Staff must check diapers at least every 2 hours and whenever a child seems uncomfortable, and change soiled diapers right away. Changing surfaces are sanitized after each use, and diapering areas may not be used for food.

SafePass tip: SafePass daily logs record diaper changes with times, and parents see them in the app.

Reporting injuries, deaths and fires

55 Pa. Code § 3270.20 Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.20

If a child is admitted to a hospital or treated in an emergency room, dies, or there is a fire that needs the fire department, the operator must notify the parent immediately, phone the regional office within 24 hours, and send a written report within 72 hours. The report is signed, dated and kept on file. Group and family homes follow the same rule (§§ 3280.19, 3290.17).

SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature. You still phone and write to the regional office yourself.

Child abuse reporting

55 Pa. Code § 3270.19 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.19

Any facility person who has reasonable cause to suspect child abuse must report it to ChildLine right away, at (800) 932-0313 or online. The operator or a designated staff person must send a written report to the investigating child protective services agency within 48 hours.

CPSC-hazardous products banned

55 Pa. Code § 3270.102(g) Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.102(g)

Toys and equipment, including furniture and rest equipment, that the U.S. Consumer Product Safety Commission has described as hazardous may not be used by children or kept on the premises. At inspection, centers and group homes sign a DHS form affirming compliance (§ 3280.102(f)). Family homes may not let children use such products (§ 3290.102(f)).

Play equipment and furniture

55 Pa. Code §§ 3270.102(a)–(f), 3270.104 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.102(a)–(f), 3270.104

Toys and equipment must be clean, in good repair and free of sharp edges, pinch points, splinters and exposed bolts. Outdoor equipment that needs embedded mounting must be firmly anchored over CPSC-recommended loose-fill or unitary surfacing. Slides over 4 feet need guards on both sides of the ladder, pea gravel may not be used where infants or toddlers play, and indoor climbers must sit on a protective surface. Furniture must be durable, safe, easy to clean and suited to the child's size.

Outlets, chemicals and choking hazards

55 Pa. Code §§ 3270.65, 3270.66, 3270.103 Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.65, 3270.66, 3270.103

Outlets within reach of children 5 and under need protective covers. Cleaning products and other toxics must be locked up or otherwise out of reach, kept in labeled containers away from food and child care space. Toxic plants are banned, and art supplies must be nontoxic. Objects smaller than 1 inch across, plastic bags and styrofoam must be out of reach of children who still mouth objects.

Hot water and heat sources

55 Pa. Code §§ 3270.69, 3270.71, 3270.92 Effective April 1992 Centers View rule 55 Pa. Code §§ 3270.69, 3270.71, 3270.92

Hot water in areas children can reach may not be hotter than 110°F, and pipes or other heat sources above 110°F must be guarded or insulated. Portable space heaters are not allowed, and a fixed space heater needs written approval from a fire safety professional.

Windows, stairs and glass

55 Pa. Code §§ 3270.72(d), 3270.80, 3270.81 Effective April 1992 Centers View rule 55 Pa. Code §§ 3270.72(d), 3270.80, 3270.81

Windows and doors above the ground floor that children can reach must open no more than 6 inches. Stairs with three or more steps, ramps and porches need handrails, and inside stairs need nonskid surfaces. Glass in traffic areas and play spaces needs a visual strip.

Weapons

55 Pa. Code § 3270.79; § 3280.79; § 3290.76 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.79; § 3280.79; § 3290.76

Weapons, firearms and ammunition are banned in child care centers, and in group homes that are not in a residence. In a group home in a residence or a family child care home, firearms must be in a locked cabinet, ammunition must be locked separately, and the operator must tell parents when weapons are present.

Lead paint

55 Pa. Code § 3270.77 Effective April 1992 Centers View rule 55 Pa. Code § 3270.77

Peeling or damaged paint and damaged plaster are not allowed. New paint may contain no more than 0.06% lead. Children may not be present while paint is removed, and dry sanding, power sanding, sandblasting and open-flame burning are banned.

Emergency plan

55 Pa. Code § 3270.27 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.27

The plan must cover lockdown, shelter in place and shelter off site; evacuation of the building and relocation away from the premises; how staff contact parents, tell them the emergency is over and reunite families; and accommodations for infants, toddlers, children with disabilities and children with chronic conditions. Review it every year in writing, run and document an emergency drill every year, train every staff person at hire, yearly and after each update, post it, give parents a letter explaining it (and each update), and send a copy to your municipality and county emergency management agency. Group and family homes have the same rule (§§ 3280.26, 3290.24).

SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification. SafePass does not log drills.

Fire drills every 60 days

55 Pa. Code § 3270.94 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.94

Hold a fire drill at least once every 60 days, at different times of day and during different activities, with the imagined fire location never the same twice in a row. Post evacuation routes on each floor, plan to get everyone out in a single trip, and have everyone go outside, weather permitting. Record the time, the fire's location, the evacuation time, the staff names and the number of children. Group and family homes have the same rule (§§ 3280.94, 3290.94).

Smoke detector testing

62 P.S. § 1016(c); 55 Pa. Code §§ 3270.95, 3280.95, 3290.95 Effective December 2020 CentersGroup child care homesFamily child care View rule 62 P.S. § 1016(c); 55 Pa. Code §§ 3270.95, 3280.95, 3290.95

Every center, group home and family home must have a working fire detection device or system that meets this statute. Test it by hand at least every 30 days (Act 113 of 2026 changes the wording to once a month) and log each test with the fire drill records. Keep proof and the date of purchase of an interconnected system with the fire drill logs. DHS inspectors check detectors on their visits and can refer problems to the local building code official.

Phone, emergency numbers and first aid kits

55 Pa. Code §§ 3270.73–3270.75 Effective September 2008 Centers View rule 55 Pa. Code §§ 3270.73–3270.75

Have a working phone with a published number. Post the numbers for the nearest hospital, police, fire department, ambulance and poison control by each phone. Keep a first aid kit out of children's reach in each child care space, and take one per group on excursions with a bottle of water added.

Emergency information goes with the children

55 Pa. Code § 3270.124(c)–(e) Effective September 2008 Centers View rule 55 Pa. Code § 3270.124(c)–(e)

Each child's emergency contact information must be in the room where the child is, and must go with staff on walks and trips. A written plan for getting a child to emergency care, including staffing, must be posted in every child care space and taken on excursions.

SafePass tip: SafePass keeps each child's guardians, emergency contacts, physician and allergy notes on the child's profile, so staff can pull them up on a phone or tablet.

Rules for giving medication

55 Pa. Code § 3270.133 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.133

Prescription and over-the-counter medication is accepted only in its original container labeled with the medication and the child's name. Staff give prescription medication only with written instructions from the prescriber (the pharmacy label counts). Store medication locked or out of reach, as the label directs. A parent must give written consent. Group homes and family homes follow the same rule (§§ 3280.133, 3290.133).

SafePass tip: SafePass collects the parent's signed medication request electronically. Staff approve it, and the parent gets a notification at each dose.

Medication log

55 Pa. Code § 3270.133(7) Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.133(7)

The operator must keep a medication log showing the medication's name, the child's name, whether it needs refrigeration, the amount, the date, the time, the initials of the staff person who gave it, and notes about any problems.

SafePass tip: SafePass logs each dose with the time, amount and staff name. Add refrigeration needs and any problems in the notes.

60 days to show vaccine records

55 Pa. Code § 3270.131(e); 28 Pa. Code § 27.77 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.131(e); 28 Pa. Code § 27.77

A child 2 months or older may not stay in care more than 60 days after the first day unless the parent provides a dated record of vaccines (month, day, year) from a physician, physician assistant, CRNP or health department, or an exemption. Updated records are required as more doses come due. A religious exemption ("religious belief or strong personal objection equated to a religious belief") is a signed, dated statement from the parent. A medical exemption is a signed, dated statement from the child's physician, PA or CRNP. The facility follows the Health Department's exclusion rules and files a yearly immunization report.

SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.

Delays, record keeping and certificates

28 Pa. Code § 27.77(a)(2)–(4) CentersGroup child care homesFamily child care View rule 28 Pa. Code § 27.77(a)(2)–(4)

If a doctor says a vaccine was delayed for a temporary medical reason, the child must be excluded 30 days later unless a new verification arrives, and it must be renewed every 30 days. Keep the verification or objection for 60 days after the child leaves. Complete and sign a certificate of immunization for every enrolled child and update it as records come in.

SafePass tip: SafePass reminds parents 30 and 7 days before a recorded next-due date.

Child health reports

55 Pa. Code § 3270.131(a)–(d) Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.131(a)–(d)

Parents must provide a health report signed by a physician, PA or CRNP within 60 days of the first day. It must be recent: within 3 months for infants, 6 months for young toddlers and 1 year for older toddlers and preschoolers. Updates are due every 6 months for infants and young toddlers and every 12 months for older toddlers and preschoolers. The report covers health history, allergies, medications, immunization status, screenings and fitness for child care.

SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.

Meals and food groups

55 Pa. Code §§ 3270.162, 3270.163 Effective April 1992 Centers View rule 55 Pa. Code §§ 3270.162, 3270.163

Children in care 4 or more consecutive hours get nutritious, well-timed meals and snacks. Food may not be withheld as discipline, and children may not be forced to eat. A lunch or dinner made at the center for toddlers and older children must include dairy, protein, a fruit or vegetable and a grain. Breakfast needs three of the four.

Menus

55 Pa. Code § 3270.165; § 3280.165; § 3290.165 Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.165; § 3280.165; § 3290.165

A center must post the menu at least 1 week ahead or give a copy to each family. Group and family homes instead discuss the general menu plan with each parent so the child's daily needs are met.

SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.

Feeding infants

55 Pa. Code § 3270.166 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.166

Get the formula and feeding schedule from the parent in writing, and introduce new foods only after talking with the parent. Bottles are labeled with the child's name. Infants 6 months and younger are held while bottle-fed, no infant or toddler may sleep with a bottle, and formula and breast milk may never be heated in a microwave.

Drinking water

55 Pa. Code § 3270.69(c)–(d) Effective April 1992 Centers View rule 55 Pa. Code § 3270.69(c)–(d)

Safe drinking water must be available to children all day, and must be provided to children who are outdoors for more than 1 hour.

Infant sleep position

55 Pa. Code § 3270.119 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.119

Infants must be placed to sleep in the position the American Academy of Pediatrics recommends unless a physician, physician assistant or CRNP signs a statement giving a medical reason, which goes in the child's record. Group and family homes have the same rule (§§ 3280.119, 3290.118).

SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.

Cribs, cots and bedding

55 Pa. Code § 3270.106 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.106

Each infant, toddler and preschooler has individual, labeled rest equipment used only by that child. Stacked cribs are banned, crib and playpen slats may be no more than 2 3/8 inches apart, and toys, bumper pads and pillows may not be in a crib while an infant sleeps. Leave at least 2 feet of space on three sides of each crib or cot in use, clean bedding at least monthly, and don't use top bunks for children 8 and under. Group and family homes have the same rule (§§ 3280.105, 3290.105).

Prohibited discipline

55 Pa. Code § 3270.113(b)–(e) Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.113(b)–(e)

No physical punishment of any kind, including spanking. No singling a child out for ridicule, threatening the child or family, or trying to degrade them. No harsh, demeaning or abusive language around children. No restraining a child with bonds, ties or straps, or shutting a child in a closet, locked room or other confined space (adaptive equipment prescribed for a child with special needs is allowed). Group and family homes have the same rule (§§ 3280.113, 3290.113).

Food is never a punishment

55 Pa. Code § 3270.162(c)–(d) Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.162(c)–(d)

Food may not be withheld from a child as discipline, and a child may not be forced to eat.

What's in each child's record

55 Pa. Code §§ 3270.181, 3270.182 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.181, 3270.182

Each child's file holds health reports; the dates of application, admission and withdrawal; signed parent consent for emergency medical care and minor first aid (both before admission); consent for medication and special diets; consent for transportation, walks, swimming and wading; accident, injury and illness reports; and the parent agreement. At least every 6 months, the parent reviews the emergency contact information and financial agreement and signs and dates them.

SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.

Accident and injury reports

55 Pa. Code § 3270.182(7) Effective September 2008 Centers View rule 55 Pa. Code § 3270.182(7)

Each report of an accident, injury or illness in care is made in three copies: the original goes to the parent the same day, one goes in the facility's accident file and one in the child's file.

SafePass tip: SafePass incident reports notify the parent and capture the parent's e-signature. Print copies if your licensing representative wants them in the accident file.

Parent agreement and emergency contacts

55 Pa. Code §§ 3270.123, 3270.124 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.123, 3270.124

A signed agreement sets out fees, services, the child's arrival and departure times, the people the child may be released to, and the admission date. Emergency contact information includes the child's physician, the parent's home and work contacts, signed consent for emergency care, special needs, health insurance, and the people designated for pickup.

Confidentiality and retention

55 Pa. Code §§ 3270.183–3270.185 Effective December 2020 Centers View rule 55 Pa. Code §§ 3270.183–3270.185

Child records are confidential and kept in a locked cabinet. Parents may see their child's full record. Releasing information to anyone else (other than DHS inspectors) needs the parent's written consent and a note in the file of who received what, when and why. Keep a child's record at least 1 year after care ends unless the whole record is transferred at the parent's request.

SafePass tip: SafePass keeps records with dates and times, and it exports attendance reports as PDF for a licensing representative.

Staff records

55 Pa. Code § 3270.192 Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.192

Each staff file holds proof of age, education, experience and training; health assessments and TB results; clearance requests and results with the disclosure statement; and two written references from people who are not family. Family child care staff files need the contact details, health assessments and clearances (§ 3290.192).

SafePass tip: SafePass staff profiles hold certifications, training records and the background check date for each person.

Who may pick up a child

55 Pa. Code § 3270.117 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.117

A child may be released only to a parent or to someone the enrolling parent named in writing, and to either parent unless a court order on file says otherwise. In an emergency, a parent may name someone by phone if staff can verify that person's identity. The child's record must then log the parent's name, the date and time of the call, the person picking up, the staff member who took the call and the staff member who released the child. Group and family homes have the same rule (§§ 3280.117, 3290.116).

SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.

Missing or forgotten children are reportable

55 Pa. Code § 3270.20a Effective April 2009 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.20a

A child who is lost or missing, left behind on an excursion, or left alone in the facility after it closes must be reported to the parent and DHS like a serious injury: parent immediately, the regional office within 24 hours, and in writing within 72 hours. Group and family homes have the same statement of policy (§§ 3280.19a, 3290.17a).

SafePass tip: SafePass Kiosk check-in and check-out show who is still checked in, so staff can see a child who hasn't been picked up before locking up.

Child Care Works absences

55 Pa. Code § 3042.18 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3042.18

For children whose care is paid through Child Care Works, the eligibility agency suspends enrollment and payment when the provider reports that a child has been absent more than 5 consecutive scheduled days. After 40 days of absence in a state fiscal year, the parent pays the provider's published daily rate for each further absence.

SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF.

Consent and car seats

55 Pa. Code §§ 3270.172, 3270.175 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.172, 3270.175

Transportation needs written parent consent, except school-age children riding school-district vehicles. Instructions for any condition like seizures or motion sickness go with the child. Children 7 and under ride in restraints as state vehicle law (75 Pa.C.S. § 4581) requires of parents, and everyone uses the factory-installed belts. School buses seating 16 or more children are exempt.

Ratios and supervision in vehicles

55 Pa. Code §§ 3270.173, 3270.177 Effective April 1992 CentersGroup child care homes View rule 55 Pa. Code §§ 3270.173, 3270.177

The regular ratios apply while infants, toddlers and preschoolers are transported, and the driver doesn't count toward the ratio. For school-age children the driver may count. Children may not be left unattended in a vehicle, and an adult standing outside the vehicle supervises boarding and exiting.

Drivers and vehicles

55 Pa. Code §§ 3270.174, 3270.176 Effective September 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.174, 3270.176

Drivers must be 18 or older with a valid license. Vehicles must be insured, doors locked while moving, no more than three people in the front seat, and no children in a pickup truck bed or station wagon cargo area. Programs may not transport children in 11–15 passenger vans.

Pick-up and drop-off points

55 Pa. Code § 3270.171 Effective December 2020 Centers View rule 55 Pa. Code § 3270.171

Centers must tell local traffic safety authorities in writing each year where the center is and which pedestrian and vehicle routes it uses. Safe crossings, pick-up and drop-off points must be set, given to parents and children in writing, and posted. Children may be picked up and dropped off only at those points.

Unannounced inspections

55 Pa. Code §§ 3270.11(g), 3270.24 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.11(g), 3270.24

DHS inspects before the first certificate (announced) and then at least once a year unannounced. Inspectors get immediate access to the facility, the children and the records, and must see photo ID from the director or the person in charge. Visits are normally during business hours. Group and family homes have the same rules (§§ 3280.23, 3290.21), and family homes are also inspected after complaints (§ 3290.11(n)).

Post your certificate and inspection summary

55 Pa. Code § 3270.25 Effective December 2020 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.25

Post the current certificate where parents see it, and tell every family how to read the regulations online and contact the regional office. Each inspection summary DHS issues must stay posted where parents see it until DHS confirms every item has been corrected. Group and family homes have the same rule (§§ 3280.24, 3290.22).

Plan of correction

55 Pa. Code § 20.52 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 20.52

For each violation the inspector finds, the provider must submit an acceptable written plan to correct it and a time frame for doing so.

Provisional certificates

55 Pa. Code § 20.54; 62 P.S. § 1008 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 20.54; 62 P.S. § 1008

A facility in substantial but not complete compliance gets a provisional certificate for up to 6 months. No more than four provisional certificates in a row may be issued for the same facility.

Denial, nonrenewal and revocation

55 Pa. Code § 20.71; 62 P.S. § 1026 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 20.71; 62 P.S. § 1026

DHS may refuse, not renew or revoke a certificate for rule violations, failing to submit or follow a plan of correction, abuse or mistreatment, gross incompetence or negligence, or fraud. It also reviews cases where an owner, operator or staff person has a felony, a conviction involving child abuse or violence, or is named in an indicated or founded abuse report. In an immediate danger, DHS can remove children from the facility (§ 20.37).

Appealing a certificate decision

55 Pa. Code §§ 3270.12, 20.81, 20.82 Effective November 2008 CentersGroup child care homesFamily child care View rule 55 Pa. Code §§ 3270.12, 20.81, 20.82

The legal entity may appeal a denial, nonrenewal or revocation, a provisional certificate or its length, a reduced capacity, a denied capacity increase, or a limit on admissions. File the petition within 30 days after the notice is served. Appeals follow the Administrative Agency Law, and DHS's notice explains how to appeal. Family homes have the same rule (§ 3290.13).

Waivers

55 Pa. Code § 3270.13 Effective April 1992 CentersGroup child care homesFamily child care View rule 55 Pa. Code § 3270.13

A center may ask the regional office for a waiver before its inspection, but only for certain rules: staff accreditation requirements, physical site, equipment and program rules. A waiver can't replace fixing a citation, must show how the rule's goal will still be met, and can't put children's health, safety or rights at risk. Group homes may request waivers for the same kinds of rules (§ 3280.13). Family homes may request waivers only for physical site and equipment rules (§ 3290.25).