HomeMy WebLinkAboutMiscellaneous - 105 KARA DRIVE 4/30/2018Legal Notice
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
�? ;°<; ;°•°~oo October 20, 1987
o Notice is hereby given that
~' A the Board of Appeals will give
�
s ' • a hearing at the Town
"s
• �, �,,;,; ; ,>•' « Building, North Andover, on
'�y `°+•..° "'`ty Tuesday evening the'10th day
SS CHUS of November, 1987, .at 7:30
o'clock, to all parties in-
terested in the appeal of Suzann Luttrell requesting a
Special Permit of Sec. 2.29 Para. 1 of the Zoning By Law so
as to permit a day care center that will service twelve (12)
infants ages 0-2 on the premises located at 105 Kara Drive.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen October 22 and October 29,
1987 40733-4
o�• �'cA�r°�r�
. t F. MIIIL7M
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
1V " IP Y W
.... Oct.ober.20...19..87
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on..Tuesday ...
P
vening _ .... the ..10ti-day of .. November ...........
19. . 8 at .7 3 R'clock, to all parties interested in the appeal of
.... Suzanne Luttrell ................................
requesting aA%fW0?A&Flt. of. .Sec..2.29..of the Zoning
By Law so as to permit......... _ . Para. 1
............
a day care center that will service twelve (12)
infants ages -2
.............
......................................................
......................................................
on the premises, located at.. 105 Kara Drive . ..... .
.....................................................
By Order of the Board of Appeals
Frank Serio, Jr., Ch irman
Publish in N. A. Citizen on October 22 & October 29, 1987
*********************
Suzanne Luttrell
105 Kara Drive
*
N. Andover, MA 01845**
*********************
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #104-88
DECISION
The Board of Appeals held a public hearing on November 10, 1987 on the application
of Suzanne Luttrell requesting a Special Permit from the requirements of Section 2.29,
Paragraph 3 of the Zoning ByLaws so as to permit a day care center to service twelve
(12) infants ages 0-2 on the premises located at 105 Kara Drive. The following
members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-
chairman, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Frizelle, the Board voted
to allow the petitioner to WITHDRAW WITHOUT PREJUDICE as requested in a letter
dated November 4, 1987.
The vote was unanimous.
Dated this 18th day of November, 1987.
BOARD OF APPEALS
1 ,
Frank erio, Jr.
Chairman
/awt
1
The Board of Appeals held a public hearing on November 10, 1987 on the application
of Suzanne Luttrell requesting a Special Permit from the requirements of Section 2.29,
Paragraph 3 of the Zoning ByLaws so as to permit a day care center to service twelve
(12) infants ages 0-2 on the premises located at 105 Kara Drive. The following
members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-
chairman, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Frizelle, the Board voted
to allow the petitioner to WITHDRAW WITHOUT PREJUDICE as requested in a letter
dated November 4, 1987.
The vote was unanimous.
Dated this 18th day of November, 1987.
BOARD OF APPEALS
1 ,
Frank erio, Jr.
Chairman
/awt
Any apr,^al shall be filed
vvitf,in (?01! Cays 71cfcr the
date, cf i:'J; L: ,. Js kroticti
in the U+iico of the Town
Clerk.
Suzanne Luttrell
105 Kara Drive
N. Andover, MA 01845
1� e
F. AvwLM
1835 ;
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Date ... November. 18, 1987
Petition No..... l0 4 .8 8 ...........
Date of Hearing.. November: 10,. .1987
Petition of ...Suzanne.Luttrell..........................................................
Premises affected ........ 105 .Kara. Drive...... ....................................... .
Per
Referring to the above petition for a 4%4#from get requirements of the See tion - 2•..291
Paragraph 1 of the Zoning ByLaws
.........................................................................................
so as to permit . a -day care -center to - service • twelve(11) • infant - ages •0-2 • • • • • • • • •
After a public hearing given on the above date, the Board of Appeals voted to ........
Allow petitioner to WITHDRAW WITHOUT PREJUDICE
UDIXgX
Signed, //jJ
rank Se.ioia.i.r.man...........
...Alfred Yrizelle,..Vice-cha•irman.......
Walter.Souse..........................
Raymond Nivenz.io....................
Anna .0'.Connor.......................
Board of Appeals
SUZANNE L. LUTTRELL M.A.
105 Kara Drive North Andover, Ma. 01845 (61 7) 975-4582
I%Ocm6ev- q, NO
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�ceived by Town Clerk: '-j
DM}I'�I': i
• �•04 51 5a
OCT IO 11 CO AY; '87
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
?plicant SUZANNE LUTTRELL -_ ___-_Address 105 KARA DRIVE
Application is hereby made:
* Not Applicable.
*a) For a variance from the requirements 'of Section Paragraph
and Table of the Zoning By Laws.
b) For a Special Permit under Section 2•29Paragraph lof the Zoning
By Laws. - --
* Not Aprilivble,.
As a Pa y ggrieved, for review of a decision made by the
Building Inspector or other authority.
a) Premises affected are land -and building]§tj X numbered
105 KARA DRIVE__-----_—��•
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West (X) side of_-----
KARA _DRIVE
Street, and known as No. 105 _ Street.
c) Premises affected are in Zoning District R , and the premises
affected have an area of27,798 -square feet and frontage of
122.26 feet.
Ownership
a) Name and address of owner (if joint ownership, give all names):
WALTER AND SUZANNE LUTTRELL
Date of Purchase August 1986 ---Previous Owner None
*b) I*f Noptppp?icaUlsenot owner, check his/her interest in the premises:
-Prospective Purchaser Lesee Other (explain)
41 Size of proposed building: _ front; feet deep;
rl f
Height stories; _—_eet. Not Applicable.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
Size of existing building: this_ty_feet front; sixty feet deep;
Height_two —stories; thirty feet.
a) Approximate date of erection: 1986- June
b) Occupancy or use of each floor: Lower level infant care,
Upper levels residential
c) Type of construction: Wood
Has there been a previous appeal, under zoning, on these premises?
No If so, when?
7R' Description of relief sought" on this petition a:' sPPc'ial hermit for a
Day Care Center that will service twelve (12) infants ages 0-2.
'
8. Deed recorded in the Registry of Deeds in Book''"�086 Page 5
Land
Court Certificate No. N/A Book Page
The principal points upon which'I base my application are as follows:
(must be stated in detail)
_ see attached Exhibit "A"
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
_
ignature oL• Petitio �s
Every application for"action by the Board shall be"made on a form approved
by•the Board. These forms shalt be furnished
by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
+,
notice of intention to seek relief until such time -as it is -made on the
Official application form.
"
All information called for by the form shall
be furnished by the applicant in the
manner therein;:'prescribed.
Every -application shall be submitted with a list of'•"Parties In Interest".
4hich list
shall include .the petitioner, abutters, owners of land directly
Opposite on any public or
private street or way, and abutters to the
-butters;within'three hundred feet (300') of the
property line of the
Petitioner as they appear,on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city.,...,
Dr town, the Planning Board
of the city or town,.and the Planning Board of�
!very. abutting city or town.
;
'Every application shall be submitted with an application charge cost in
:he amount" of $2.5.00. In addition, the petitioner shall be' responsible "•
.''
."•.'%
.or any and all costs involved in bringing the petition before the, Board.::'
3uchr costs shall include mailing and
-`;:'.;h
publication, but are not necessarily;:''::;'1°s
_imited to these.
.'�
,very application shall be submitted with aan of d:••;�r
by the '
plan
loard.- No petition will be brought before the Boa d unless
P has
)een submitted. Copies of the Board's requirements regarding s are
attached hereto
or are available from the Board of Appeals u Ponrequest.
LIST
LIST OF PARTIES IN INTEREST
Name
see attached Exhibit
Address
1•.
(use additional sheets if'necessary)
,
1
EXHIBIT "B"
NAME
'�''Aeter & Susan Phelps
ADDRESS
35 Kara Drive
No. Andover, MA 01845
(Owner of Record - OakTree Realty, Steven Jones
1514 Salem Street, No. Andover, MA 01845)
Steven Jones
87 Kara Drive
No. Andover, MA 1 01845
�. ( Owner -of _Record - OakTree Realty
1514 Salem Street, No. Andover, MA 01845 )
Michael & Diana Hines 114 Kara Drive
No. Andover, MA 01845
Robert & Barbara Dorsey
Dewi Realty
Douglas Wilson
James & Angela Hurley
V" Gilbert 0. Rea
113 Kara Drive
No. Andover, MA 01845
130 Lisa Lane
No. Andover, MA 01845
127 Kara Drive
No. Andover, MA 01845
444 Rea Street
No. Andover, MA 01845
`
Exhibit "A"
CONDITIONS FOR APPROVALOF SPECIAL PERMIT
Section 10.31 of the Town of North Andover By -Laws sets
forth the following standards for allowing Special Permits.
a) The specific site is an appropriate location for
such a use, structure, or condition.
In general, the residential area of 105 KARA DRIVE (Site
Plan - Exhibit "A") is condusive location for infant care.
There is a symmetry in need in the residential area and in an
infant care center -- both require a quiet, and ample space
for safe child development.
This specific structure is not only appropriate, but
exemplifiary of an infant care center. (Floor Plan - Exhibit
"B"). The lower level complies with all of the high standards
required by State Regulations (780 CMR - Building Regulations
For Infant Care Centers - Exhibit "C"). In addition, it has
access to a large back yard for the few occasions that these
age 0-2 infants will be mut of doors for play and for quick
access in case of an emergency. It has more square footage
than required by state regulations and more facilities. (Fact
Sheet - 105 Kara Drive - Exhibit "D").
f
°~
b) The use as developed will not adversely affect the
The planned use of an infant care center will not
adversely affect the neighborhood at all.
There will be no proposed structural changes. No need for
additional parking. Employees and mothers who pick-up and
drop-off children have ample parking in the present driveway.
The infants will not cause noise on the outside of the
house. Because the infants are so young, they will be cared
for primarily inside the house.
There will be no additional traffic. Currently, Suzanne
Luttrell, is caring for six (6) infants. Her primary need for
expansion to twelve (12) infants is for purposes of caring for
the mothers whose infants she cares for now, who are pregnant,
with their second child. Suzanne should care for the sibling
children.
There will be no increase in need for town services.
c) There will be no nuisance or serious hazard to
vehicles or pedestrians.
°
M
The infants cannot and do not cause hazard or nuisance.
Likewise, the quiet residential area is least likely to cause
hazard or nuisance to them.
d) Adequate and appropriate facilities will be provided
for the proper operation of the proposed use.
Suzanne Luttrell has a masters degree in Early Childhood
Education. She has provided infant care for five (5) years,
and has thirteen (13) years of experience in Elementary
Education Teaching in addition to this. Because her services
are highly professional, well-managed, and competent, is she
required to expand.
Additionally, she complies with all of the requirements of
the State Licensing Board. (Licensing Requirements - Exhibit
"E").
e) The Special Permit Granting Authority shall not grant
any Special Permit unless they make a specific
finding that the use is in harmony with the general
purpose and intent of this By Law.
Town of Worth Andover has an extraordinary need for an
infant care facility. Other day care areas do not allow
children under two (2) years of age. Suzanne's will be
specializing in infant care. (Pamphlet - Exhibit "F").
6
Mother's of North Andover who need to work to assist their
families in paying for taxes, housing, etc. are in dire need
of trustworthy day care facility for their infants.
EXHIBIT "A"
* mlm-7T+E�-
L,06;; VIDA) W(---ALTH
r
151u,
FUD C D I Alo
41
FLAK LA�Zr,;
EXHIBIT "C"
r'
780 CMR STATE BUILDING CODE COMMISSION
• SECTION 434.0 DAY CARE CENTERS '
434.1 General: Day care centers shall be subject to the applicable
provisions of this code and the special requirements of this section. Day
care centers licensed by the Office for Children may be subject to compli-
ance with the rules and regulations of that authority. These provisions
shall apply to new and existing day care centers.
434.2 High hazard restriction: A day care center shall not occupy the
same building with, or be located within two hundred (200) feet of a high
hazard occupancy.
434.3 Day care center use groups
434.3.1 Less than two years and nine months in age: Buildings and
portions thereof licensed by the Office for Children as day care centers
for children two (2) years and nine (9) months in age or younger shall
be classified as I-2 use group.
434.3.2 More than two years and nine months in age: Buildings and
portions thereof licensed by the Office for Children as day care centers
for children more than two (2) years and nine (9) months in age shall be
classified as A-4 use group.
434.4 Height and area limitations
434.4.1 I-2 limitations: Existing buildings containing day care occupan-
cies (use group. I-2) not in conformance with the height and area limita-
tions of Table 305 shall be limited to not more than three (3) stories and ti
forty (40) feet in height. The day care center shall -be restricted to the
first floor and cellar or basement use and not more than two thousand
four hundred (2,400) square feet per floor. All required egresses shall
be directly to grade. ,
434.4.2 A-4 limitations: Existing buildings containing day . care occupan-
cies (use group A-4) not in conformance with the height and area limita-
tions of Table 305 shall be limited to not more than three (3) stories and
forty (40) feet in height. The day care center shall be restricted to the
first two (2) stories and the basement or cellar use and not more than
four thousand eight hundred (4,800) square feet per floor.
434.4.3 Increases: Increases in height or area shall not be allowed for
A-4 or I72 day care center use groups.
434.5 Day care centers classified as I-2 use group
434.5.1 Basement and cellar use in Types 3C and 4B construction
434.5.1.1 Basement use: A basement, as defined in this code, of a
Type 3C or 4B construction may be used for a day care center in accord -
J
9/1/80 189
780 CMR STATE BUILDING CODE COMMISSION
ance with the following requirements: there shall be two (2) separate
and independent means of egress, remote from each other:
• 1. leading to grade; or
2. leading to a one (1) hour fire -rated enclosed stairway not more
y than four (4) feet in height vertically which leads directly to grade
and is separated from any other use as an egress by one (1) hour
fire -rated partitions and self-closing doors.
434.5:1.2 Cellar use: A cellar, as defined in this code, of a Type 3C or
4B construction may be used for a day care center in accordance with the.
following requirements:
1. There shall be at least two (2) separate and independent interior
means of egress, remote as possible from each other and leading
directly to grade or to a one (1) hour fire -rated enclosed stairway
not more than four (4) feet'in height, vertically. Any such stair-
way serving as a required means of egress from a day care center
shall serve only the day care center.
2. Smoke detectors shall be located in the story of use and in the
story below, if one exists, directly beneath the area being used for
the day care center.
3. Interior stairways used as required means of egress shall contain
smoke detectors connected to alarms audible throughout the day
care center.
434.6 Egress requirements for I-2 and A-4 day care center use groups ~
434.6.1 Below grade: All day care centers or parts thereof located
below grade, except for I-2 day care center use in Types 3C and 4B
construction is provided in Sections 434.5.1.1 and 434.5.1.2, shall con-
form to the following requirements:
1. There ,shall be at least two (2) separate and independent means of
egress, remote as, possible from each other, at least one (1) of
2. Required interior stairways shall be of at least one (1) hour fire -
rated construction enclosed with self-closing fire doors.
3. Required interior stairways shall contain smoke detectors connected
to alarms audible throughout the day care center.
434.6.2 Egress on floors other than basement or cellar: Each story of
the day care center shall be provided with not less than two (2) indepen-
dent means of egress, remote as possible from each other, and such
additional approved means of egress leading from the occupied spaces so
that to reach an egress it will, not be necessary to pass through a common
corridor or, space. ;
9/1/80 190
I
y _
0
780 CMR STATE BUILDING CODE COMMISSION
434.6.2.1 Buildings of Types 1, 2A and 2B construction: In buildings
of Types 1, 2A or 2B construction, except for R-2 use group, equipped
with a fire suppression system in compliance with Section 1202.0, a single
common corridor shall be acceptable for providing access to two (2) means
of egress 'as required in this section.
434.6.2.2 Common corridors used as exitways: Common corridors may be
subdivided, for the purpose of Section 424.6.2 to provide separate and
independent exitways by using smoke stop partitions complying with the
provisions of this code. The doors in the smoke stop partitions may be
equipped with an automatic hold open device connected to smoke or smoke
and heat detectors and designed to close automatically by activation of the
detector system.
434.6.2.3 Egress from each room: Two (2) approved means of egress
located as remotely as possible from each other shall be required for each
occupied room. One (1) such required egress may be made by communi-
cating door.
434.6.3 Roof egress: where the roof is used by a day care center, two
(2) enclosed stairways shall be provided, one (1) leading directly to an
enclosed exitway system and one (1) leading to a corridor on a floor
below that leads to two (2) remote and independent exitways. The stair-
ways shall comply with all the provisions of Section 434.0 and this code.
434.6.4 Egress lighting: Egress lighting shall be provided in conform-
ance with Article, 6, including requirement's for emergency lighting.
434.:6.5 Doorways: 'All required exitway doorways shall be at least
thirty-six (36) inches in width. All - other egress doorways shall be at
least thirty-two (32). inches in width.
434.6.6 Handrails: All' required egress stairways shall be provided with
double handrails on both sides, and these shall be continuous including
all runs and platforms and shall be built as follows.
1: The upper rail shall be not less than thirty (30) inches nor more
than thirty-three (33) inches, measured vertically, above the nos
ing of the. treads.
2. The lower rail shall be installed at approximately twenty (20). inches
high measured vertically at the face of the riser.
434.7 Heating system: Any portable or permanent heater in spaces
occupied by children shall be separated from the occupied space by
partitions, guards, screens, or other means. Space and unit heaters
using combustible fuels shall be prohibited.
434.8 Boiler rooms: Boilers, furnaces or other fire units shall be en-
closed as required in Section 1105.0. Boiler room doors shall not open
into occupied areas.
1
r
0
780 CMR STATE BUILDING CODE COMMISSION
434.6.2.1 Buildings of Types 1, 2A and 2B construction: In buildings
of Types 1, 2A or 2B construction, except for R-2 use group, equipped
with a fire suppression system in compliance with Section 1202.0, a single
common corridor shall be acceptable for providing access to two (2) means
of egress 'as required in this section.
434.6.2.2 Common corridors used as exitways: Common corridors may be
subdivided, for the purpose of Section 424.6.2 to provide separate and
independent exitways by using smoke stop partitions complying with the
provisions of this code. The doors in the smoke stop partitions may be
equipped with an automatic hold open device connected to smoke or smoke
and heat detectors and designed to close automatically by activation of the
detector system.
434.6.2.3 Egress from each room: Two (2) approved means of egress
located as remotely as possible from each other shall be required for each
occupied room. One (1) such required egress may be made by communi-
cating door.
434.6.3 Roof egress: where the roof is used by a day care center, two
(2) enclosed stairways shall be provided, one (1) leading directly to an
enclosed exitway system and one (1) leading to a corridor on a floor
below that leads to two (2) remote and independent exitways. The stair-
ways shall comply with all the provisions of Section 434.0 and this code.
434.6.4 Egress lighting: Egress lighting shall be provided in conform-
ance with Article, 6, including requirement's for emergency lighting.
434.:6.5 Doorways: 'All required exitway doorways shall be at least
thirty-six (36) inches in width. All - other egress doorways shall be at
least thirty-two (32). inches in width.
434.6.6 Handrails: All' required egress stairways shall be provided with
double handrails on both sides, and these shall be continuous including
all runs and platforms and shall be built as follows.
1: The upper rail shall be not less than thirty (30) inches nor more
than thirty-three (33) inches, measured vertically, above the nos
ing of the. treads.
2. The lower rail shall be installed at approximately twenty (20). inches
high measured vertically at the face of the riser.
434.7 Heating system: Any portable or permanent heater in spaces
occupied by children shall be separated from the occupied space by
partitions, guards, screens, or other means. Space and unit heaters
using combustible fuels shall be prohibited.
434.8 Boiler rooms: Boilers, furnaces or other fire units shall be en-
closed as required in Section 1105.0. Boiler room doors shall not open
into occupied areas.
1
r
780 CMR STATE BUILDING CODE COMMISSION
434.9 Roofs Where a roof is used by 'a day care center, there shall be
a solid, smooth non -climbable fence or barrier a minimum of seven (7)
feet high on all sides and separating the day care center area from any
other uses. Fences shall be set back at least three (3) feet from the
outside edge of the exterior wall below. A weatherproof telephone or
equivalent means of communication shall be provided for use in emergen-
cies and shall- be openable without keys, coins, etc.
434.10 Fire alarm systems: Fire alarm systems shall be provided in day
care centers in accordance with the requirements of this section. The
requirements of Sections 434.5.1.2 and 434.6.1 may be combined with the
requirements of this section.
1. Facilities for up to twenty-four (24) children shall be provided with
a manual alarm system which will sound an alarm audible throughout
the day care center.
2. Facilities for twenty-five (25) or more children shall .be provided
with an automatic alarm system consisting of approved smoke detec-
tors located as provided in Section 434.11 and audible throughout
the day care center or throughout each floor of the center. In
addition, there shall be at least one (1) manual alarm on each floor
of the day care center which will sound on all floors when actuated.
434.11 Location of detectors: Smoke detectors shall be installed on the
ceiling of each story occupied by the day care center above or in front of
.the doors to the stairways and at not greater than thirty (30) foot spac-
ing in the corridor providing required means of egress on all floors of
the day care center. Smoke detectors shall also be installed in all acces-
sory spaces of the_day care center not used for children, including
storage over one hudred (100) square feet in area. All required detec-
tors shall be located on the same circuit and interconnected so that when
one (1) sounds, all Will sound. Required detectors shall meet the re-
quirements of UL 217 as listed in Appendix I and shall have an alarm
decibel rating of at least 85.
434:12 Floor and ceiling protection: When the floor occupied by the day
care center is above any usable space, the floor shall have a minimum of
three quarter (3/4) hour fire rating. When the floor occupied by the day
care center is below any usable space, the ceiling shall have at least a
three quarter (3/4) hour fire rating or the floor above shall be equipped
with smoke detectors.
SECTION 435.0 SUMMER CAMPS FOR CHILDREN.
435.1 Definition: Summer camps for children include premises, operated
solely between April and October of each year for recreational or. other
purposes, and having residential facilities. The use of such accommoda-
tions for purposes of inspection, certification and inspection fees shall be
considered as being similar to a dormitory in R-2 use group and subject
to the following provisions of this section.
9/1/80 192
t
N
Owner(s)
EXHIBIT "D"
Fact Sheet
Walter & Suzanne Luttrell
Date August 26, 1987
Address- 105 Kara Drive, N. Andover, MA 01845
Home Phone (617) 975-4582 Business Phone same Business Phone
General Information
Architectural 'Type straight front colonial w/open foyer
Selling Price
Square Feet (House) _3424*
Square Feet (Lot) 27.798
Lot Dimensions (attached)
Garage Dimensions two -car - under
No. of Rooms 10
No. of Bedrooms 4
No. of Bathrooms - 31
Basement finished 2 rms & full bath
*Third floor is prepped for finishing. Will bring total living space to 3982 sq. ft.
SPECIAL FEATURES includes large partially covered deck off kitchen overlooking
beautiful wooded lot; Al Gervais kitchen; built-in bookcases in FR; two-story
foyer; huge MBR w/fpl, semi-cathederal ceiling, ceiling fan & whirlpool tub;
finished basement perfect for recreation in -law -suite or business; walk-up third
floor prepped for finishing (558 sq. ft.�; NEUTRAL COLORS with lots of natural
wood trim throughout; one -year-old in perfect condition.
EXHIBIT 'T'
BABES IN THE HOUSE, INC.
A licensed family day care
home directed by:
Suzanne L. Luttrell, M.A.
105 Kara Drive
North Andover, Ma. 01845
Phone: 915-4582
WHAT YOU MAY EXPECT OF ME:
PURPOSE:
To provide a quality child care setting for infants and
toddlers, six weeks to 2.9 years of age.
To supplement the family as the primary agent for child
care and development.
To closely approximate a good, natural home environment.
To meet the individual physical, social, emotional, and
intellectual needs of children.
To support and nourish the parent-child relationship.
GOALS:
To offer a stimulating, clean, safe environment, with
nuturing care and a well developed curriculum.
To provide a staff who demonstrates patience, warmth,
understanding, knowledge of child development and
genuine fondness for children.
To provide resource information for parents regarding all
aspects of child care and development.
To provide consistency in caregiving practices between the
home and the child care facility.
EXPERIENCE:
I was an early elementary teacher for twelve years. I
have two children of my own, high school and college
students. I am a licensed family day care provider.
PROFESSIONALISM:
I am dedicated to nourishing the physical, intellectual,
emotional, and social growth of children.
I have a Master's Degree in Early Childhood Development.
I am a member of the state family day care association
and the local family day care support group.
- 1 <
BABES IN THE HOUSE, INC.
DAYS:
Monday through Friday
Weekend/overnight care by special arrangement.
HOURS:
7:30 a.m. - 5:30 p.m.
RATES:
All fees are due on a tuition basis/guaranteed rate and
include full payment for legal holidays and absent days.
$50.00 registration fee (for accident and liability
insurance). Non-refundable fee.
All payments are due in advance of care.
The day care is closed during the Christmas Holidays and
also for 2 weeks in August.
Your child care payments may make you eligible for a tax
credit. I will give you a statement of what you have
paid for the year upon request.
MEALS:
The day care participates in the Child Care Food Program
which is part of the national school lunch program. The
food that is served is high quality, nutritionally
balanced, and attractive at no additional charge.
Breakfast: 7:30- 8:30 a.m.
Morning Snack: 10:00-10:15 a.m.
Lunch: 11:30 a.m. - 12 noon
Afternoon Snack: 3:00- 3:15 p.m.
Dinner: By special arrangement
WHAT I EXPECT OF YOU, THE PARENTS:
Use garage entrance for drop off and pick up times. Use
intercom/bell system.
Parents are expected to arrive and leave at their reserved
times. Additional fees are charged if your child is
brought to the Center before your designated time of
arrival, or not picked up by the designated time of
departure. Please notify of any changes in advance.
Special arrangements may be made for extended hours.
If your child is to go home with someone other than the
parents, or an authorized person, please notify in
advance. This is for your child's protection.
Notify 1n case of illness and keep sick children at home.
Provide extra sets of clothing and bibs. Clothes should
be comfortable and free of complicated fastenings.
Bring your child appropriately dressed for indoor and
outdoor play.
Refrain from sending candy, gum, or snack foods.
If sending your child for breakfast, please do not feed
the child sweets or snack foods before coming.
Provide all admission fees for occasional field trips.
Fulfill all financial obligations in a timely manner.
OUR MUTUAL RESPONSIBILITIES:
Communicate on a regular basis about the child's rest,
nutrition, toileting, new skills, fears, interests, joys.
Plan together for a consistent program of toilet training
at an appropriate age.
Reinforce and strengthen the parent-child relationship
through open communication and an attitude of mutual
concern and respect between parents and staff.
EXHIBIT "E"
The Commonwealth of Massachusetts.
SECRETARY OF STATE
REGULATION FILING AND PUBLICATdON
L REGULATION CHAPTER NUMBER AND HEADING:
102 CMR 7.00
2. NAME OF AGENCY:
OFFICE FOR CHILDREN
3. THIS DOCUMENT IS TED FROM THE CODE OF MASSACHUSETTS REGULATIONS
AND CONTAINS THE FOLLOWING:
102 CMR 7.00 STANDARDS FOR THE LICENSE OR APPROVAL OF
GROUP DAY CARE CENTERS
UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS, CHAPTER 30A, SECTION 6
AND CHAPTER 233, SECTION 75 THIS DOCUMENT MAY BE USED AS EVIDENCE OF THE
ORIGINAL DOCUMENTS ON FILE WITH THE STATE SECRETARY.
COMPILED AS IN FULL FORCE AND EFFECT 111/78
REPRINTED 8/29/85
$ 1. SO A TRUE COPY A=
$LU #2 BE HA EL JOSEPH C LL
SECRETARY OF STATE
102 C.MR: OFFICE FCR CHILDREN
102 CUR 7.00: STANDARDS FOR THE LICENSURE OR APPROVAL OF GROUP
DAY CARE CENTERS
Section
7.01 Introduction
•7.02 Definitions
7.03 Licenses and Approvals
7.04 Effective Date; Severance
7.05 Administration of the Center
7.06 Staff Requirements and Staffing Patterns
7.07 Program Services and Procedures
7.08 Food and Food Preparation
7.09 Sleep, Rest and Quiet Activity
7.10 Referral Services and Termination
7.11 Physical Facility and Equipment
7.12 Appendix 1 - Advisory Task Force
7.01: Introduction
These standards are adopted in accordance with Chapter 28A of the
General Laws, particularly sections nine through thirteen thereof, and
in accordance with Section 13 of Chapter 785 of the Acts of 1972.
Chapter 785, which created the Office for Children, stresses the
commitment of state government to assuring every child "a fair and full
opportunity to reach his full potential." In fulfilling its mandate as
__the agency responsible for licensing day care centers, the Office has
developed specific regulations to be met by day care centers in order
to provide this opportunity to the children they serve.
The scope of these standards goes beyond previous regulations in
that they include specific provisions for care of infants and toddlers
and special needs children up to age sixteen, as well as the general
provisions for all children aged two and a half through seven in day
care centers. The regulations reflect the belief that every aspect of a
day care center's operation affects the children enrolled. The physical
environment; administrative functioning; staff qualifications and
numbers; procedures for health care, rest, meals, toileting and varied
activities; and types of equipment available all contribute to the day
care experience of a child and should maintain a maximum quality level
which promotes healthy growth and development of children.
The standards provide that all day care centers accepting infants
and toddlers, children aged two and a half through seven and/or
special needs children up to age sixteen, are:
(a) soundly administered by qualified persons designated specific
administrative and program responsibilities
(b) staffed by appropriate numbers of persons with experience
and/or education in the field of early childhood education;
(c) providing a well-rounded variety of age-appropriate activities,
toys, and equipment for children on a regular basis;
(d) able to meet the emergency health needs of the children;
(e) able to provide for the basic physical care of children, includ-
ing adequate nutritional meals and snacks, rest or sleep, and
toileting procedures;
(f) able to appropriately involve parents of children in day care in
visiting the center, meeting with the staff and receiving reports of
their children's progress;
(g) located in physical facilities which meet fire safety require-'
ments, are clean, comfortable, and free from hazards such as
lead-based paint.
1/1/78 Vol. 1 - 145
102 CMR: OFFICE FOR CHILDREN
GENERAL ADMINISTRATIVE PROCEDURES
7.02: Definitions
Definitions. As used in these regulations, the following words shall
have the following meanings unless the context otherwise requires:
(1) Administrator of Special Education The person appointed by the
school committee of any city or town, or school district, wherein a
child resides, to serve as the administrator of special education
pursuant to G. L. c. 718 (Chapter 766 of the Acts of 1972) and
regulations issued pursuant thereto.
(2) Approval. A certification in writing, whether full or provisional,
Issued by the Office to a department, agency, or institution of the
Commonwealth or any political subdivision thereof, which authorizes it
to operate a day care center.
(3) Center. when used alone means a day care center.
(4) Child. Any person at least one month of age and under seven
years of age, or sixteen years of age with special needs.
(5) Children with Special Needs. Children at least one month of age
and under sixteen years of age , who, because of temporary or
permanent disabilities arising from intellectual, sensory, emotional,
physical or environmental factors, or other specific learning disa-
bilities, are or would be unable to progress effectively in a regular
school program.
(6) Day. Shall mean calendar days unless otherwise specified in the
regulations.
(7) Day Care Center. Any facility operated on a regular basis
whether known as a day nursery, nursery school, kindergarten, child
play school, progressive school, child development center, pre-school,
or known under any other name which receives children, not of
common parentage, under seven years of age, or under sixteen years
of age if such children have special needs, for non-residential custody
and care during part or all of the day separate from their parent(s) .
Day care center shall not include: any part of a public school system;
any part of a private organized educational system, unless the services
of such a system are primarily limited to kindergarten, nursery or
related pre-school services; a Sunday school conducted by a religious
Institution; a facility operated by a religious organization where
children are cared for during short periods of time while persons
responsible for such children are attending religious services; a family
day care home; an informal cooperative arrangement among neighbors
or relatives; or the occasional care of children with or without compen-
sation therefor.
(8) Director. The director of the Office for Children.
(9) Full Time. All the time the center is in operation.
(10) Group. Two or more children who participate in the same
activities at the same time and are assigned to the same staff person
for supervision, at the same time.
(11) Infant. A child who is under fifteen months of age.
(12) License. Any certification in writing, whether regular or pro-
visional, issued by the Office to any person other than a department,
agency or institution of the Commonwealth or any political subdivision
thereof, which authorizes such person to operate a day care center.
/11178 Vol. 1 - 146
6E
102 CMR: OFFICE FOR CHILDREN
7.02: continued
(13) Licensed capacity. Determination by the Office of the number of
children which a day care center can care for at any one time under
these regulations.
(14) Licensee. Any person holding a license or approval issued by
the Office.
(15) Office. The Office for Children.
(16) Parent. Father or mother, guardian or person or agency legally
authorized to act on behalf of the child in place of, or in conjunction
with, the father, mother or guardian.
(18) Person. Any individual, partnership, corporation, association,
organization or trust or any department, agency or institution of the
federal government or of the Commonwealth or any political subdivision
thereof.
(19) Sanitize. Effective bactericidal treatment of surfaces of equip-
ment and utensils.
(20) Toddler. A child who is at least fifteen months of age, but
under thirty-three months of age.
7.03:Procedures For Issuing Licenses and Approvals
1/1/78
(1) Applications. Any person who wishes to establish and maintain a
day care center serving children shall file an application, in writing,
with the Office in a manner and on a form prescribed by it. Any
person seeking to renew a license or approval shall file an application
for such renewal, in writing, with the Office in a manner and on a
form prescribed by it not less than thirty (30) days prior to the date
of expiration of his current license or approval.
(2) Requirements for Applicant. The applicant shall be the person
designated by the owner or the governing body as having respon-
sibility for the administration of the facility.
(3) Action by the Office. Upon receipt and review (which .shall in-
clude interviews, site visits, and consultation related to licensing
standards) of an application for a license or approval or renewal
thereof, the Office shall issue or renew a license or approval if it
finds that the applicant is in compliance with these regulations.
(4) Waivers. The Office may, upon written request, waive any
regulation contained in 102 CMR 7.05 through 7.11 and allow an alter-
native method for compliance with such regulations if the applicant
provides clear and convincing evidence, including, at the request of
the Office, expert opinion which demonstrates to the satisfaction of the
Office that the applicant's alternative method will comply with the
intent of the regulation for which a waiver is requested. The Office
may consider any other evidence relevant to the request for waiver.
(5) Term of License. A license or approval is valid for two years
from the date of issuance unless revoked, suspended or made pro-
- bationary.
(6) Application Fee. The application shall be accompanied by a check
for thirty dollars ($30.00) made payable to the Commonwealth of
Massachusetts.
(7) Requirements for Provisional Licenses. If the Office finds that
the applicant has not complied with, or is unable to comply with, all
applicable regulations, or if the applicant seeks to operate a center
Vol. 1 - 147
102 CMR: OFFICE FOR CHILDREN
7.03: continued
which has not previously operated, the Office may issue a provisional
license provided that care given in the center is adequate to protect
the health and safety of the children and that the applicant provides
the following documents:
(a) a statement of the ownership of the center, including the
names and addresses of all owners, or, in the case of corporations,
the officers, as required by 102 CMR 7.05(4)(a) and 7.05(4)(b);
(b) in the case of corporations, partnerships, and associations, a
copy of their by-laws, as required by 102 CMR 7.05(4)(b);
(c) a statement describing the facility's personnel policies, as
required by 102 CMR 7.06(3);
(d) a copy of the health care policy as required by 102 CHR
7.04(14), and evidence of the availability of a physician, a public
health nurse, a registered nurse or health clinic director for
consultation, as required by 102 CMR 7.07(15);
(e) evidence of ability to provide an administrative designee and
appropriate staff supervision and ratios, as required by 102 CMR
7.05(5), 7.06(1), and 7.06(11) through 7.06(18);
(f) a copy of the written program plan, as required by 102 C -MR
7.07(11) and evidence of ability to fulfill the elements of the plan
and a copy of the plan, providing referral services to parents, as
required by 102 CMR 7.10(1);
(g) if the facility has not previously operated as a licensed day
care center, certification from a state or local health department
that the facility is free of all lead based paint which is peeling or
chipping and that lead based paint has been completely removed
from all surfaces accessible to children, four feet from the floor or
ground level of interior and exterior surfaces, as required by 102
CMR 7.11(3). Centers which have previously operated must obtain
lead testing of the facility during the first period of provisional
licensure and shall not obtain a regular license unless such certifi-
cation is provided;
(h) if the center serves hot meals for thirteen or more children,
or uses a private water source, a certification from the local health
department that the center is in compliance with applicable codes,
as required in 102 CMR 7.11(2);
(1) certification by the Department of Public Safety or the local
building inspector, or a statement from the inspecting authority,
providing conditional approval and indicating that children's safety
would not be endangered in the center, as required in 102 CMR
7.11(1);
(j) a written plan, agreed to by the Office, for compliance with
the requirements in these regulations.
(8) Term of Provisional License. A provisional license or approval
shall be issued for a period not to exceed six (6) months and may be
renewed once for no more than six (6) months. Tn no case shall a
person operate under a provisional license, provisional approval or
renewal of a provisional license for more than twelve (12) consecutive
months.
VISITS BY THE OFFICE FOR CHILDREN
(9) Visits to Determine Compliance. Any employee of the Office,
authorized in writing by the Director, may, at any reasonable time,
visit and inspect any center operated by a person who is subject to
licensure or approval by the Office in order to determine whether such
center is being operated in compliance with the law and with the
regulations established by the Office.
DEFICIENCY CORRECTION ORDERS
(10) Correction of Deficiencies. whenever the Office finds upon
inspection or through information in its possession that a person
1/1/78 Vol. 1 - 148
7.03: continued
1/1/78
102 CMR: OFFICE FOR CHILDREN
operating a day care center is not in compliance with any applicable
licensing regulations of the Office, the Office may order that person to
correct such deficiency.
(11) Content of Orders. Every such correction order shall be in
writing and shall include a statement of the deficiencies found, the
period within which the deficiency must be corrected, and the pro-
visions of law and regulation relied upon. The period shall be reason-
able and, except when the Office finds an emergency dangerous to the
health or safety of children, not less than thirty (30) days from
receipt of such order.
(12) Request for Administrative Reconsideration. Within seven (7)
days of such receipt, the person operating the center may file a
written request with the Office for administrative reconsideration of
the order or any portion thereof.
_(13) Office Action on Requests for Reconsideration. The Office shall
grant or deny such written request within seven (7) days of filing and
shall notify the operator of the center of such grant or denial.
(14) Enforcement. In the event that the person operating the center
fails to correct any deficiency within the period prescribed for cor-
rection, the Office may enforce its correction order under 102 CMR
7.03(15) or 7.03(16) or in accordance with G. L. c. 28A, s. 16.
SUSPENSION, REVOCATION AND REFUSAL TO ISSUE OR RENEW
LICENSES OR APPROVALS
(15) Grounds for Adverse Action on Licenses or Approvals. After a
hearing, held pursuant to the Office for Children Rules of Procedure
for Adjudicatory Proceedings (102 MIR 1.00), the Office may revoke,
suspend, refuse to issue or refuse to renew a license or approval if it
finds any of the following:
(a) the applicant or licensee failed to comply with any applicable
regulation or any deficiency correction order;
(b) the applicant or- licensee submitted any misleading or false
statement or report required under these regulations;
(c) the applicant or licensee refused to submit any report or make
available any records required under these regulations;
(d) the applicant or licensee refused to admit, at a reasonable
time, any employee of the Office authorized by the Director to
investigate or inspect, in accordance with 102 CMR 7.03(9).
(16) Suspension Without a Hearing.
(a) The Office may refuse to issue or may suspend any license or
approval without a hearing if failure of the operator or licensee to
comply with any applicable regulation results in an emergency
situation which endangers the life, health, or safety of children or
staff present in the center. Any notice of such refusal to issue or
suspension of a license or approval shall be hand delivered or
mailed to the licensee via first class mail registered return receipt
requested. However, upon written request of an aggrieved party,
delivered in hand or mailed to the Office via first class mail regis-
tered return receipt requested, a hearing shall be held within
seven (7) business days of the delivery of such request; provided
that such request is delivered in hand, or mailed to the Office
within three (3) • business days of such refusal to issue or suspen-
sion of any license or approval.
(b) Such notice of refusal to issue or suspension of a license or
approval, pursuant to 102 CMR 7.02(16) shall include a copy of the
provisions of this section.
Vol. 1 - 149
102 CWR: OFFICE FOR CHILDREN
7.03: continued
(c) The licensee shall notify parents of all children in the center
of any such refusal to issue or suspension of a license or approval
within two (2) business days of receipt of notice from the Office.
POSTING OF LICENSE, APPROVAL OR ORDER, REQUIRED NOTIFICATION
AND AVAILABILITY OF REGULATIONS
(17) Posting of License, Approval or Order. The licensee shall post,
in a conspicuous place, any current license or approval issued to him
by the Office and any notice of hearing, order or decision issued by
the Office that pertains to the center. Such posting shall be in an
area accessible to visitors and employees.
(18) Notification of Legal Proceedings. Every licensee shall report,
in writing, to the Office any legal proceeding (within ten (10) days of
initiation of such proceedings) brought against him or any person
employed by the center if such proceeding arises out of circumstances
related to the care of children in the center or to the continued
operation of.the day care program.
(19) Notification of Death or Serious Injury. The licensee shall
immediately report to the Office the following:
(a) the death of any child which occurs while such child is in
care;
(b) any injury to, or illness of, any child which occurs during the
hours while such child is enrolled in care and which requires in-
' patient hospitalization overnight.
(20) Notification of Change of Ownership. The licensee shall provide
notification, in writing, to the Office prior to any change in ownership
of the center.
(21) Notification of Change in Chief Administration. The licensee
shall provide prior notification, in writing; to the Office of any change
in the person designated by the owner or the governing body as
having responsibility for administration of the facility.
(22) Change in Location. The licensee shall provide prior noti-
fication, in writing, to the Office of any change in location of the
center.
(23) AvailabWty of Regulations. The licensee shall have a copy of
these regulations on the center premises and shall make them available
to any person upon request.
TRANSFER OF LICENSE
(24) Transfer of License. A license or approval shall not be trans-
ferable from one licensee to another; from one center to another; from
one location to another; or from one owner to another.
7.04: Effective Date of Standards
(1) Effective Date. The effective date of these standards is the date
of publication by the Secretary of the Commonwealth.
(2) Licenses Issued Under Previous Standards. Any license, or
approval, in effect immediately prior to the effective date of these
standards shall remain in effect, unless suspended or revoked, until a
new license or approval is issued or expressly refused under these
standards. Any license, or approval, issued after the effective date
of these standards shall be deemed to be in effect prior to said
effective date if the Office's application for said license is signed by
the applicant prior to the effective date of these standards.
1/1/78 Vol. 1 - 150
102 CMR: OFFICE FOR CHILDREN
7.04: continued
(3) Severance. If any provision contained in these
application thereof to any person or circumstances is
remainder of the regulations and the application
question to other persons not similarly situated, or
stances, shall not be affected thereby.
7.05: Administration of the Center
1/1/78
regulations or the
held invalid, the
of provisions in
to other circum -
(1) Statement of Purpose. Each licensee shall keep and maintain a
written statement identifying the center's philosophy; its goals and
objectives; the characteristics of children served, including but not
limited to age, sex, special needs; its intake procedures and the
services provided. The licensee shall provide each child's parent(s)
with a copy of this statement, shall make this statement available upon
request to any person and shall keep such statement current.
(2) Non -Discrimination. The licensee shall not discriminate in pro-
viding services to children and their families on the basis of race,
religion, cultural heritage, political beliefs or marital status.
(3) Fee Schedule. The licensee shall maintain a written fee schedule
for the services provided. Such schedule shall be provided to parents
and to any person upon request and shall be kept current.
AUTHORITY TO OPERATE AND REQUIREMENTS
FOR ADMINISTRATOR
(4) Evidence of Authority to Operate. Each licensee shall have
documentary evidence of his source of authority to operate the center:
(a) A center operated by the Commonwealth or any political
subdivision thereof shall keep and maintain documents that identify
the statutory basis of its existence, and the administrative frame-
work of the governmental department in which it operates;
(b) A private center shall keep and maintain documents that fully
and completely identify its ownership. Corporations, partnerships,
or associations shall Identify their officers and maintain a file which
shall include,,where applicable, the charter, partnership agreement,
constitution, articles of organization and by-laws.
(5) Designation of Administrative and Program Development Respon-
sibility. Each licensee shall designate at least one person who shall
have administrative responsibility over the operation of the center and
who shall be responsible for developing and maintaining the early
childhood education program of the center, including, but not limited
to, such functions as daily activities for the children, health and
nutrition programs, field trips, parent involvement, social services,
staff supervision and training. More than one person may be desig-
nated to share such responsibilities.
(a) In centers with licensed capacities of forty or more children,
the designated person shall be a full-time non -teaching director
regularly on the premises of the center. If administrative functions
and program development are carried out by more than one person,
the center shall demonstrate that administrative duties will be
carried out by designated individuals on a full-time basis.
(b) In full day centers with licensed capacities of twenty-five to
thirty-nine children, the licensee shall allocate at least fifty per
cent of a full-time position for non -teaching administrative and
program development duties, on the premises during the hours of
operation.
(c) The licensee shall not utilize staff who are assigned teaching
duties to perform administrative or program development duties
when assigned to groups of children.
Vol. 1 - 151
102 CMR: OFFICE FOR CHILDREN
7.05: continued
(6) Requirements for Administrator. The administrator, as defined in
102 CMR 7.05(5), shall meet the qualifications for a head teacher, as
established in 102 CMR 7.06(1)a, and shall be a full-time staff member
on the premises regardless of whether duties are split between
teaching and non -teaching responsibilities as allowed by 102 CMR
7.05(5). If more than one person is designated as administrator, at
least one person who is designated must be a full-time staff person, on
the premises, and must meet the head teacher requirements, as
established in 102 CMR 7.06(1)(a).
(7) Organizational Information. Information on the administrative
organization of the center shall be provided to parents and staff,
including identification of lines of authority and supervision.
(8) Provisions for Temporary Absence of Administrator. The licensee
shall inform all staff on duty as to who is responsible for admin-
istration of the center at any given time. In the event of the tem-
porary absence of the administrator, the administrator may appoint a
designee who shall be on the premises of the center while it is in
operation. The designee shall meet the qualifications of a teacher, as
required by 102 CMR 7.06(1)(b).
(9) Business Management. The licensee shall establish a system of
business management and staffing to assure that the center maintains
complete and accurate accounts, books and records, including required
personnel and children's records.
RESEARCH UNAUTHORIZED ACTIVITIES AND UNUSUAL TREATMENT
(10) Research and Experimentation; Unusual Treatment. No licensee
shall conduct research, experimentation, or unusual treatment involv-
ing children without the written, informed, consent of the affected
child's parents -or guardian, for each occurrence. In centers where
observations of children (by other than parents of the children in the
center) are common, a general parental consent may be obtained in
writing. Observation shall mean that there is no interaction between
the child and the observers and no identification of the individual
child. In no case shall the licensee allow physical harm of children to
be carried out during research, experimentation or unusual treatment.
Research and experimentation shall not mean program evaluation or
data collection for purposes of documenting services of the facility
which do not identify individual children.
(11) Unauthorized Activities. The licensee shall not authorize any
activities unrelated to the direct care of children or to any contacts
with the parent(s) or guardian without the written, informed consent
of the parent(s) or guardian. "Activities" shall mean, but not be
limited to:
(a) fund raising;
(b) publicity, including photographs and participation in the mass
media.
PARENT INVOLVEMENT
(1;) Parent Visits. The licensee shall permit and encourage parents
to visit the center and their child's room while their child is present.
(13) Parent Input. The licensee shall have a procedure for allowing
parental input in the development of center policy and programs. The
licensee shall provide an explanation to the parent(s) when a parent(s)
makes suggestions as to the program or policy of a center and the
suggestions are not adopted by the licensee. If the parent requests a
written response, the licensee shall respond in writing to the parent.
1/1/78 Vol. 1 - 152
102 CMR: OFFICE FOR CHILDREN
7.05: continued
(14) Reports to Parents. The licensee shall, periodically but at least
every six (6) months, prepare a written progress report of the
participation of each child in the center's program. This report shall
be maintained in the child's records. The licensee shall provide a
copy of each report to the parent(s) or meet with them at least every
six (6) months to discuss their child's activities and participation in
the center. In addition:
(a) for infants under fifteen months of age, the licensee shall
complete a written progress report of the child's development every
three (3) months, and provide it to the parent(s);
(b) the licensee shall bring special problems .or significant de-
velopments, particularly as they regard infants, to the parent's
attention as soon as they arise.
(15) Parent Conferences. The licensee shall make the staff available
for individual conferences with parents at parental request.
(16) Notification to Parents. The licensee shall notify all parents, in
writing, of the provisions in 102 CMR 7.05(12) through 7.05(15) at the
time of the admission interview.
RECORDS AND CONFIDENTIALITY
(17) Children's Records. The licensee shall maintain a written record
for each child w ich inc udes:
(a) A face sheet or sheets, which identifies the child by the
following Information, where available:
I. the name, date of admission, date of birth, place .of birth,
and primary language of the child and parent(s), if other than
English;
2. the parent's name, address, and phone number (home and
business);
3. name, address and phone number of person to contact in
case of emergency when the parent is unavailable;
4. sex, race, height, weight, color of hair, color of eyes, and
any identifying marks;
(b) Copies of periodic progress reports, as required in 102 CMR
7.05(14).
(c) Medical records indicating the child's health while enrolled,
including admissions and physical examinations, as required in 102
CMR 7.07(4) and 7.07(18); immunizations, as required in 102 CMR
7.07(5); and a record of any prescribed medications administered to
the child, as required in 102 CMR 7.07(17).
(d) Individual- program plans, and periodic review of such plans,
for any special needs child, as required In 102 CMR 7.07(7);
(e) All necessary authorizations and consents and information
required in 102 CNIR 7.07(9);
(f) All pertinent correspondence concerning the child, including
referrals for social services, as required in 102 CMR 7.10(3).
(18) Maintenance of Records. The licensee shall maintain records
which shall be legible, dated and signed by the individual making the
entry. The licensee shall continually update all information in the
children's record. The licensee shall retain records for a period of at
least five (5) years after a child has left the center unless the record
has been transferred to the parent, as provided for in 102 CMR
7.05(22).
(19) Confidentiality and Distribution of Records. Information con-
tained in a child's record shall be privileged and confidential. The
licensee shall not distribute or release information in a child's record
to anyone not directly related to implementing the program plan for the
child without the written consent of the child's parent(s). The
licensee shall notify the parent(s) if a child's record is subpoenaed.
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102 CMR: OFFICE FOR CHILDREN
7.05: continued
The child's parent(s) shall, upon request, have access to his child's
record at reasonable times. In no event shall such access be delayed
more than two (2) business days after the initial request without the
consent of the child's parent(s). Upon such request for access the
child's entire record, regardless of the physical location of its parts,
shall be made available. The licensee shall establish procedures
governing access to, duplication of, and dissemination of such in-
formation; and shall maintain a permanent, written log in each child's
record indicating any persons to whom information contained in a
child's record has been released. Each person disseminating or
releasing information contained in a child's record, in whole or in
part, shall, upon each instance of dissemination or release, enter into
the log the following: his name, signature, position, the date, the
portions of the record which were disseminated or released, the
purpose of such dissemination or release, and the signature of the
person to whom the information is disseminated or released. . Such log
shall be available only to the child's parent(s) and center personnel
responsible for record maintenance.
(20) Charge for Copies. The licensee shall not charge an unreason-
able fee for copies of any information contained in the child's record.
(21) Amending the Child's Record.
(a) A child's parent(s) shall have the right to add information,
comments, data or any other relevant materials to the child's record;
(b) A child's parent(s) shall have the right to request deletion or
amendment of any information contained in the child's record. Such
request shall be made in accordance with the procedures described
below:
1. if such parent(s) is of the opinion that adding information is
not sufficient to explain, clarify, or correct objectionable material
in the child's record, he shall have the right to have a confer-
ence with the licensee to make his objections known;
2. the licensee shall, within one (1) week after the conference,
render to such parent(s) a decision in writing stating the reason
or reasons for the decision. If his decision is in favor of the
parent(s), he shall immediately take steps as may be necessary
to put the decision into effect.
(22) Transfer of Records. Upon written request of the parent(s),
the licensee shall transfer the child's record to the parent(s), or any
other person the parent(s) identifies, when the child is no longer• in
care.
(23) Notification to Parents. The licensee shall notify the parent(s),
In writing, of the provisions of 102 CMR 7.05(19), 7.05(20),.7.05(21),
7.05(22) and 7.05(24), at the time of the child's admission to the
center and thereafter, in writing, at least once a year.
INFORMATION REQUIRED BY THE OFFICE
(24) Availability of Information to the Office. Notwithstanding 102
CMR 7.05(19), upon request of an employee, authorized by the Direc-
tor and involved in the regulatory process, the licensee shall make
available to the Office any information required to be kept and main-
tained under these regulations and any other information reasonably
related to the requirements of these regulations. Authorized employees
of the Office shall not remove identifying case material from the
center's premises and shall maintain the confidentiality of Individual
records.
1/1/78 Vol. 1 .- 154
102 CMR: OFFICE FOR CHILDREN
7.06: Staff Requirements and Staffing Patterns
1/1/78
STAFF QUALIFICATIONS AND PERSONNEL PROCEDURES
(1) Staff Qualifications. The licensee shall employ head teachers,
teachers, consulting resource teachers, and teaching assistants who by
prior education, training, experience and interest in early childhood
education are appropriate to meet the needs of the children in care.
The following are minimum qualifications which are acceptable under
these regulations:
(a) A head teacher shall meet one of the following sets of re-
quirements:
1. be at least twenty-one years of age; have a high school
diploma or equivalent; have evidence of satisfactory completion of
four (4) courses in early childhood education offered by an
accredited institution of higher education or approved by the
Office; and have thirty-six (36) months at least half-time ex-
perience giving care to pre-school age children in a day care
center; or .
2. have an Associates degree in early childhood education or
related field such as child care, psychology, mental health, child
development, social work or elementary education, and have
evidence of satisfactory completion of four (4) courses in early
childhood education offered by an institution of higher education
or approved by the Office and have twenty-seven (27) months,
at least half-time experience giving care to pre-school age
children in a day care center; or
3. have a Bachelor's degree, or advanced degree, in early
childhood education or related fields such as child care, psy-
chology, mental health, child development, social work or ele-
mentary education, and have evidence of satisfactory completion
of four (4) courses in early childhood education offered by an
institution of higher education or approved by the Office, and
have eighteen (18) months, at least half-time experience, giving
care to pre-school aged children in a day care center.
4. In those centers licensed to accept infants and toddlers, the
head teacher, meeting either 102 CMR 7.06(1)(a)1, 7.06(1)(a)2,
or 7.06(1)(a)3 above shall have at least nine months of their
experience in providing care for infants or toddlers in a day
care center or registered family day care setting.
(b) A teacher shall meet one of the following sets of requirements:
1. have a high school diploma or equivalent, or be twenty-one
(21) years of age; have evidence of satisfactory completion of
one (1) course in early childhood education offered by an
institution of higher education or approved by the Office; and
have nine (9) months, at least half-time experience, giving care
to pre-school age children in a day care center; or
2. have an Associates or Bachelor's degree in early childhood
education or related fields such as child care, psychology,
mental health, child development, social work or elementary
education; have evidence of satisfactory completion of one (1)
course in early childhood education offered by an institution of
higher education or approved by the Office; and have three (3)
months, at least half-time, supervised care giving experience
with pre-school age children in a day care center.
3. In those centers licensed to accept infants and toddlers,
teachers meeting 102 CMR 7.06(1)(b)1 above shall have at least
six (6) months of their experience providing care to infants or
toddlers in a day care center or registered family day care
home. Teachers meeting 102 CMR 7.06(1)(b)2 above shall have
at least three (3) months at least half-time experience providing
care for infants or toddlers in a day care center or registered
family day care home.
(c) Teaching assistants, either paid or volunteer, shall be at least
sixteen years of age and shall work under the direct supervision of
a teacher or head teacher at all times.
Vol. 1 - 155
102 CMR: OFFICE FOR CHILDREN
7.06: continued
(d) In those centers licensed to accept children with special
needs, the licensee shall have available a consulting resource
teacher, either full-time or part-time, paid or volunteer. The
consulting resource teacher shall aid in evaluating special needs
children, shall aid in developing and shall approve, in writing,
each special needs child's program plan, shall supervise the im-
plementation of the plan, and shall be the liaison with the appro-
priate special education administrator and any other agency or
hospital involved with the child. In cases where a child has
received a core evaluation under Chapter 766 of the Acts of 1972,
the person appointed by the Local Educational Authority may, if
they meet the following requirements, serve as the consulting
resource . teacher. The consulting resource teacher shall meet the
following minimum requirements:
1. have a Bachelor's degree in early childhood education,
special education, psychology, or related fields which includes at
least four (4) courses on special needs children and shall have
eighteen (18) months, at least half-time experience, providing
care to or teaching children with special needs; or
2. have a Master's degree in early childhood education, special
education, psychology or related fields which includes at least
four (4) courses on special needs children; and nine (9) months,
at least half-time experience, providing care to or teaching
children with special needs.
(2) Availability of Personnel Qualifications. The licensee shall have
on file at the center evidence acceptable to the Office of qualifications
of staff required by time regulations.
(3) Personnel Policies. In centers with four (4) or more paid staff
members, the licensee shall describe, in writing, the center's current
personnel policies and practices and shall make them available to all
employees and prospective employees at the center. Such personnel
policies shall include, when appropriate, a description of:
(a) criteria and procedures for hiring, and suspension or dismissal
of any staff person;
(b) the procedure for handling staff complaints;
(c) provisions for vacations, holidays, leaves, and sick days;
(d) information on probation periods; hours of work, including
staff meetings and training sessions; overtime; skeleton days; jury
duty; bereavement pay; breaks; and leaves of absences.
(4) Job Descriptions. In centers with four (4) or more paid staff
members, the licensee shall make available written job descriptions for
all paid staff positions.
(5) Salary Ranges. In centers with four (4) or more paid staff
members, the licensee shall establish and describe, in writing, a salary
range covering all positions and shall provide each employee with
information regarding the salary range for his position or the
procedure for determining the salary for his position.
(6) Evidence of Required Certification, Licensure or Registration. The
licensee shall obtain, upon request of the Office, evidence that
personnel are currently certified, licensed or registered where appli-
cable laws require certification, licensure or registration.
(7) Staff Orientation. The licensee shall provide orientation for all
new staff to acquaint them with the center's philosophy, organization,
program, practices and goals. The licensee shall describe, in writing,
the center's plan for staff orientation.
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102 CMR: OFFICE FOR CHILDREN
7.06: continued
(8) Staff Training.
(a) The censee shall provide on-going training programs, in-
cluding participation by teaching staff in two (2) hours of training
Per month. The licensee shall describe, in writing, the center's
Plan for staff training.
(b) The licensee shall describe, in writing, its arrangements with
any professional training program, including a description of
student intern responsibilities and the supervision of student
interns by the college and the center.
(9) Volunteers. Volunteers shall be chosen for their ability to meet
the needs of the children in care and shall be provided appropriate
orientation, training and supervision.
STAFF RATIOS AND GROUPINGS
(10) Head Teachers.
(a) In alUcenters with licensed capacities of forty to seventy-nine
children, the licensee shall provide one full-time staff member on
the premises designated as a head teacher. The head teacher shall
meet the qualifications in 102 CMR 7.06(1)(a), and may be the same
person as the non -teaching director required in 102 CMR 7.05(5)(a).
(b) In all centers with licensed capacities of more than seventy-
nine children, and for every increase in the licensed capacity of
forty children, in excess of seventy-nine, the licensee shall provide
a second full-time person on the staff within the regular ratios who
ets the qualifications for a head teacher.
Infants: Staff Ratios and Groupings.
(a) The licensee shall not have infants in groups larger than
seven.
(b) The licensee shall have assigned, at all times, one teacher for
the first three infants and an additional teacher or teaching assist-
ant for four to seven infants;
V� (c) At least one of the persons assigned to a group under 102
CMR 7.06(11) for the care of infants shall meet the requirements
under 102 CMR 7.06(1)(b) for a teacher;
(d) The licensee shall not have groups which mix infants with
children two years, nine months or older.
(12) Toddlers: Staff Ratios and Groupings.
(a) The licensee sh not ave toddlers in groups larger than
nine;
(b) The licensee shall have assigned, at all times, one teacher for
the first four toddlers and an additional teacher or teaching assist-
ant for five to nine toddlers;
(c) At least one of the persons assigned to a group under 102
MIR 7.06(12) shall meet the qualifications for a teacher under 102
CMR 7.06(1)(b).
(13) Toddlers: Staff Ratios in Older AQe Mixed Groupings. when
toddlers are in groups with children aged two years, nine months or
aider, the licensee shall provide:
(a) a staff/child ratio not less than one staff person for each five
children;
(b) groups no larger than nine children;
(c) at least one person assigned to the group, at all tines, who
meets the qualifications for a teacher under 102 CMR 7.06(1)(b).
(14) Infants and Toddlers: Staff Ratios in Mixed Groupings. when
infants and toddlers are grouped together, the licensee shall provide:
(a) groups no larger than nine;
(b) no more than three infants in the mixed group;
1/n8 Vol. 1 - 157
102 CMR: OFFICE FOR CHILDREN
7.06: continued
(c) one teacher shall be assigned for the first three infants and
toddlers, and an additional teacher or teaching assistant for four to
nine children;
(d) at least one of the persons assigned under 102 04R 7.06(14)
shall meet the qualifications for a teacher under 102 CMR T.06
(1)(b).
(15) Children at Least Two Years Nine Months, but Less than
(a) The licensee shall not group children aged at least two years,
nine months, but less than four years, nine months of age in
groups larger than twenty;
(b) The licensee shall assign one teacher or teaching assistant for
each ten or fewer children;
(c) , One of the persons assigned to a group of twenty children,
under 102 CMR 7.06(15), shall meet the qualifications of a teacher
under 102 CMR 7.06(1)(b).
(16) Children at least Two Years, Nine Months. but
(a) In centers operating four hours or less per day, or in centers
where no child attends more than four hours per day, the licensee
shall place children two years, nine months, but less than four
years, nine months of age, in groups no larger than twenty-four
children;
-(b) In centers operating for four hours or less per day, or in
centers where no child attends more than four hours per day, the
licensee shall assign one teacher or teaching assistant for each
twelve or fewer children at least two years, nine months, but less
than four years, nine months of age. ' One of the persons assigned
to a group of twenty-four children, under 102 CNR 7.06(16)(a)(b)
shall meet the qualifications for a teacher under 102 CMR
7.06(1)(b).
(17) Children At Least Four Years
(a) The licensee shall not have children, four years, nine months,
but less than seven years of age, in groups larger than thirty;
(b) The licensee shall assign one teacher or teaching assistant for
each fifteen or fewer children;
(c) One of the persons assigned to a group of thirty children,
under 102 OM 7.06(17), must meet the qualifications for a teacher
under 102 MM 7.06(1)(b).
(18) Children At Least Two Years, Nine Months. but Less than
kap 1ne licensee shall not have children two years, nine months,
but less than seven years of age in mixed groups larger than
twenty;
(b) The licensee shall assign one teacher or teaching assistant for
each ten or fewer children, at least two years, nine months, but
less than seven years of age in mixed groups;
(c) One of the persons assigned to a group of twenty children
under 102 01R 7.06(18) must meet the qualifications for a teacher
under 102 CMR 7.06(1)(b).
(19) Special Needs Children: Staff Ratios and Grou in s.
(a) For children with special needs, the licensee shall meet the
specifications of the child's individual program plan for the number
of staff and group size in which the child participates as required
in 102 CMR 7.07(8).
(b) When eight or more children who have been identified, either
through the core evaluation process under Chapter 766 of the Acts
1/1/78 Vol. 1 - 158
102 CMR: OFFICE FOR CHILDREN
7.06: continued
of 1972 or by the licensee, as having special needs are enrolled in
the center, the licensee shall have a consulting resource teacher at
least half time. This person's responsibilities shall include, but not
be limited to, working directly with individual children, training
and supervising teachers, coordinating special therapy sessions,
working with parents, and preparation of written reports and
records for all special needs children. The consulting resource
teacher may delegate these responsibilities to other specialists or
staff persons.
(c) When sixteen children who have been Identified, either through
the core evaluation process under Chapter 766 of the Acts of 1972
or by the licensee, as having special needs are enrolled in the
center, the licensee shall have a full-time consulting resource
teacher who assumes the same responsibilities as required in 102
CMR7.06(19)(b).
(20) Determination of Acre of Children- The licensee shall determine
the age of children, for purposes o staff/child ratios, on the age of
the child at the date of admission to the center each .year that they
are enrolled.
(21) Staff Schedules.
(a) The censee shall establish a written schedule listing persons
on duty. The schedule shall indicate compliance with the minimum
staff ratios required by these regulations.
(b) The licensee shall keep the schedule current,
(22) Staff to Be Included in Ratios.
(a) For purposes of calculating staff/child ratios under these
regulations, staff shall include only those persons hired or assigned
to supervise or teach children for specific hours of the day.
(b) In no case shall the licensee assign paid or, volunteer staff
persons under the age of sixteen to meet required staff/child
ratios-.
(c) The licensee shall not assign teaching assistants, student
interns or parents, who do not meet the qualifications for a teach-
ei, to a group which does not also have a teacher assigned.
(d) Student interns and volunteers, other than parents of children
in the center, shall not be included in staff/child ratios unless they
are assigned to the center for at least three consecutive months.
(23) Supervision. The licensee shall, at no time, leave children
unsupervised.
(24) Supervision at the Beginning and End of the Day. Notwithstand-
ing the staff/child ratios required by these regulations, the licensee
may meet the following ratios at the beginning and end of the day, for
no more than one hour at a time:
(a) two adults, one of whom shall meet teacher qualifications, shall
be on the premises performing teaching duties at all times when
there are seven or more children present;
(b) one adult trained in accordance with 102 CMR 7.07(14) and
7.07(16), shall be present at all times when six or fewer children
are present, provided that a neighbor or other adult is available,
promptly, for emergencies;
(c) the licensee shall post the name, location and telephone number
of the person available in emergencies.
7.07: Program Services and Procedures
ADMISSIONS
(1) Authority to Admit. The licensee shall admit children, children
with special needs, and infants or toddlers only if licensed or approved
1/1/78 vol. 1 - 159
102 CMR: OFFICE FOR CHILDREN
7.07: continued
to do so. Upon request, the Office may amend an existing license
issued under these standards to allow admissions of special needs
children or infants and/or toddlers, providing that the licensee
demonstrates that he can meet applicable standards.
(2) Admissions Age Restrictions. The licensee shall not admit a child
under one month of age.
(3) Center Size. The licensee shall not admit or enroll, at any one
time, more ' dr' den than the licensed capacity of the center.
(4) Required Medical Examinations. The licensee shall admit a child
only if provided with a written statement from a physician which
indicates that the child has had a complete physical examination within
one year prior to each year's enrollment, or obtains one within one
month of admission, and the results of such an examination; or obtains
a written verification from the child's parent(s) that they object to
such an examination on the grounds that it conflicts with their
religious beliefs.
The licensee shall inform parents of the dangers of lead paint
poisoning and shall recommend that parents have their children tested
for lead paint poisoning by a physician or appropriate clinic.
The licensee of a center operating on a provisional license due to
the detection of lead paint in the center shall assure that each child
has a blood test for lead paint -poisoning by a physician or appropriate
clinic or obtain written verification from the child's parents) that they
object to such a test on the grounds that it conflicts with their
religious beliefs or a physician's statement that such a procedure is
counter -indicated.
(5) Age Appropriate Immunizations. The licensee shall require, at
admission, a physician's certificate that each child has been success-
fully immunized in accordance with the current Department of Public
Health's recommended schedules against diphtheria, tetanus, pertussis
(whooping cough) , poliomyelitis, measles and • such other communicable
-diseases as may be specified from time to time by the Office. No child
shall be required, under this regulation, to have any such immunization
if his parent(s) objects thereto, in writing, on the grounds that it
conflicts with their religious beliefs or if the child's physician submits
documentation that such a procedure is contraindicated.
(6) Meeting with Parents. The licensee shall assure that the adminis-
trator or his designee shall meet with the parent(s) prior to admitting
a child to the center.
(a) At the meeting, the licensee shall provide to the parent(s) the
center's written statements of purpose, services, procedures for
parent conferences, visits and input to center policy; procedures
relating to children's records: and procedures for providing
emergency health care.
(b) The licensee shall provide the opportunity for the parent(s) to
visit the center's classrooms at the time of the meeting or prior to
the enrollment of the child.
(7) Identification of Children with Special Needs and Development
of an Individual Program Plan. Where the results of the meeting
conducted 'pursuant to 102 CIMR 7.07(6) and the observation of the
child's behavior in the center indicate a reasonable • likelihood that a
child has a special need, the licensee shall:
(a) if the child is at least three years of, age, inform the par-
ent(s) of his/her rights under Chapter 766 of the Acts of 1972 and
its regulations, and at the request of the child's parent(s), refer
the child to the appropriate administrator of special education.
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102 CMR: OFFICE FOR CHILDREN
7.07: continued
(b) if a child is under three years of age or has not been eval-
uated pursuant to the provisions of Chapter 766 of the Acts of 1972
and its regulations, evaluate with the consent of the parent(s) the
needs of said child and develop an individual program plan based
on the evaluation. Such program plan shall be develcped by a team
which includes those personnel of the center who will be responsible
for implementing the program plan on a daily basis; the consulting
resource teacher, as required in 102 C1dR 7.06(1)(d) and 7.06(19);
the child's parents) and, where appropriate, any necessary
consultant(s).
1. The plan shall be developed within four (4) weeks of ad-
mission of the child to the center or within four (4) weeks of
the identification of the child as having special needs. The plan
shall be signed by the consulting resource teacher and the
parent(s) prior to implementation. If the parent does not
approve its implementation, such disapproval will be signed by
the parent and placed in the child's record.
2. The plan shall be reviewed by the team at least every ninety
(90) days. The review shall include, minimally, an observation
of and/or individual session with the child by the consulting
resource teacher. If the parent is unable to meet with the team
for the review, the opportunity must be given to the parent for
a separate conference with the consulting resource teacher.
3. The licensee shall, with parental permission, inform the
appropriate administrator of special education, in writing, that
the licensee is serving a special needs child in order that the
school may plan for an appropriate program for the child when
he reaches regular school age.
(8) Content of Individual Plan. The individual program plan required
under 102 CMR 7.07(7) shall be in writing. The plan shall identify
the specific service(s) required to meet the needs of the child and any
change or limitations in his participation in regular center activities.
Specific service(s), where appropriate, shall include, but not be
limited to:
(a) physical therapy;
(b) speech and language therapy;
(c) psychological services;
(d) psychiatric services;
(e) educational services;
(f) social services;
(g) occupational therapy
The plan shall describe the method by which the above services will
be provided, including:
(a) who will provide the service;
(b) where the service will be provided;
(c) schedule for provision of the services;
(d) any special equipment, materials, ramps or aids required by
the child.
In addition, the plan shall recommend the size of group to which
the child may be assigned and the appropriate staff/child ratio re-
quired for such group.
(9) Parent Authorization, Consents, Information. The licensee shall,
in admitting a child, require the parent to provide the following
authorizations, consents and information which shall be made part of
the children's record:
(a) the child's daily schedule, developmental history, sleeping and
play habits, favorite toys, accustomed mode of reassurance and
comfort;
(b) procedures for toilet training of the child, if appropriate;
(c) where appropriate, the child's eating schedule and eating
1/1/78 Voi. 1 - 161
102 COIR: OFFICE FOR CHILDREN
7.07: continued
preferences, including information on special diets and/or allergies;
and for infants, a description of formula preparation'
(d) information on where to reach the parent and an alternative
nearest relative or friend in case of an emergency as well as the
child's physician or clinic, if any;
(e) parental consents for emergency first aid, and any field trips
and transportation to a specific hospital in emergencies;
(f) identity of any person authorized by the parent to take the
child from the center or receive the child at the termination of the
day 'and a copy of the written parental authorization.
(10) Validity of Consents. A written consent provided under 102
CIMR 7.07(9) shall be valid for one year from the date of its execution
unless such consent is withdrawn, in writing, prior to that time.
GENERAL PROGRAM REQUIREMENTS
(11) Required Pian. The licensee shall establish a written plan
describing the various activities of the center for a typical week which
shall be posted in a place which can be easily viewed by staff and
visitors. Such plan shall indicate time for the following activities, for
all children, infants and/or toddlers:
(a) snacks And. meals;
(b) rest, sleep or quiet activity;
(c) toileting;
(d) outdoor play;
(e) indoor activities;
(f) field trips, if any;
(g) time in and out of the crib for infants, individual feeding,
sleeping and washing schedules.
(12) Requirements for Activities. The licensee shall provide a well
balanced program that supports the developmental needs of all children
served. The licensee shall provide the following:
(a) reasonable regularity in routine, with sufficient flexibility to
respond to the needs of individual children;
(b) opportunity for a child to have a free choice among a variety
of activities or to play alone or with one or several chosen peers if
desired for at least two periods a day, for full day centers; and
one period a day, for half day centers;
(c) daily indoor and outdoor time periods, weather permitting,
which include both small and large muscle activities;
(d) opportunities for the child to participate in a variety of
creative activities, such as art, music, literature, dramatic play and
science;
(e) provision for privacy through arranging a small, quiet area
that is inviting to children and is easily accessible to the child who
seeks or needs time alone;
(f) experiences which are in harmony with the life style and
cultural background of the children enrolled. Cultural diversity
shall be reflected through .the incorporation of different language,
foods, celebrations, activities and life styles where appropriate;
(g) opportunity for infants and toddlers to crawl freely for the
major part of the day, with certain times specified for individual
talking to, handling, and playing with by, the assigned teacher.
(h) opportunities for all children to learn self-help skills such as
dressing and undressing, buttoning, tying shoes and using eating
utensils appropriately. ,
(13) Prohibition of General Housekeeping Activities. Routine, major
housekeeping activities such as vacuuming, washing floors, windows,
etc. shall not be carried on in any room while it is occupied by the
children.
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102 CMR: OFFICE FOR CHILDREN
7.07: continued
HEALTH CARE POLICY AND PROCEDURES
1/1/78
(14) Health Care Policy. The licensee shall have a written health
care policy statement which is provided to each staff member and is
posted near a telephone which will be used for making emergency
calls. The health care policy shall be approved by the health care
consultant, required under 102 CMR 7.07(15). The statement shall
include:
(a) the name, address and telephone number of the physician or
registered nurse available for emergencies and consultation;
(b) the telephone number of the fire department, police station,
poison prevention center, and ambulance service serving the
center;
(c) the name and telephone number of any hospital where children
will be taken in emergencies;
(d) the procedures to be followed in case of illness or emergency,
including transportation methods and notification of parent;
(e) the procedures to be followed in case of illness or emergency,
when parent(s) cannot be reached;
(f) the procedures for using first aid equipment;
(g) the procedures to be followed in the event of fire or other
emergency, including provision that cribs utilized for children are
of a size to fit through exit doors to the outside;
(h) a plan for dispensing medication, including the recording of
_ any administration of prescribed medication;
(1) a plan for the care of mildly ill children at the center;
(j) the procedure for identifying children's allergies and protecting
children from exposure to foods, chemicals or other materials to
which they are allergic;
(k) the procedure for reporting suspected child abuse or neglect
to the Department of Public Welfare.
(15) Health Care Consultant. The licensee shall have either a phy-
sician, a public health nurse, a registered nurse, or health clinic
director who shall approve and aid in developing health care policies
for the center, shall approve the plan for first-aid training of staff,
and shall be available for consultations.
(16) First Aid and Preventative Health Care Procedures.
(a) The licensee shall train all staff in approved emergency first
aid procedures, including mouth to mouth resuscitation, treatment
of convulsions, and choking.
(b) The licensee shall maintain adequate first aid supplies, In-
cluding, but not limited to, bandaids, gauze, adhesive tape,
hydrogen peroxide or other cleaning solution and an antiseptic
cream, liquid or spray. The licensee shall store them in a secure
place, out of the reach of children.
(c) The licensee shall inform parents of any first aid administered
to their child and shall immediately inform them of any injury or
illness which required care other than first aid.
(d) The licensee shall maintain a quiet area for mildly ill children.
(e), The licensee shall not admit a child or staff member to the
center who has a diagnosed communicable disease, during that time
when it is communicable, and shall notify all parents when any
communicable disease, such as measles or mumps, has been in-
troduced into the center.
(f) The licensee shall keep all toxic substances, medications, sharp
objects and matches in a secure place out of the reach of the
children.
(17) ,Administration of Medication. The licensee shall not administer
prescription or non-prescription medication to a child without the
written order of a physician (which may include the label on the
medication) which indicates the medication is for the speci:ic child.
Vol. 1 - 163
102 COIR: OFFICE FOR CHILDREN
7.07: continued
(a) No medication, whether prescription or non-prescription, shall
be administered to a child without written parental authorization.
(b) The licensee shall keep a written record of the administration
of prescribed medication to children which includes the time and
date of each administration, the name of the staff member admin-
istering the medication, and the name of the child.
(c) The licensee shall keep all medicine labelled with the child's
name, the name of the drug and the directions for its administration
-and shall dispose of, or return to the parent(s), any unused
medication.
(18) Examinations for Children. The licensee shall request that the
parent(s) provide a dental check-up or check of vision and hearing
when the appearance or behavior of the child clearly indicates the
need for such examinations.
(19) Medical Examination for Staff. The licensee shall require, before
employment of any paid staff member, that the staff member present
. evidence of a negative tubercular test or x-ray performed within three
months prior to the date of initiation of employment and written
certification from a physician that the staff member is free from
communicable disease and indicating any limitations the staff member
• may have in working with young children due to health problems. The
tubercular test or x-ray must be repeated every three years and
certification provided to the center by the staff member of a negative
result. Such an examination shall not be required of any person who
objects on the basis of religious beliefs.
TOILETING AND DIAPERING
(20) Written Plan for'Taileting and Diapering. The licensee shall
have a written pan aescribing procedures for regular toileting and
.diapering of children, • and for disposal or cleaning of soiled .clothing,
diapers, linen and blankets.
(21) Toileting. The licensee shall toilet train children in accordance
with the requests of their parents and consistent with the child's
physical and emotional abilities.
(22) Diapering. The licensee shall change the diapers of children
regularly and when soiled or wet and shall wash and dry each child
with individual washing materials during each diaper change.
(a) The licensee shall maintain a supply of clean, dry diapers
adequate to meet the needs of the children.
(b) The licensee shall use a disposable covering on the changing
surface which shall be changed after each use.
CLOTHING
(23) Extra Clothing; Changing of Soiled or Wet Clothing. The licen-
see shall keep on hand extra clean and dry indoor and outdoor cloth-
ing to change a child's clothing which becomes soiled or wet.
(24) Storage of Soiled or Wet Clothing. The licensee shall store
soiled clothing or diapers which are a potential health hazard in a
covered, water -proof container unless they can be sanitized imme-
diately after removal from the child.
DISCIPLINE
(25) Requirements for Discipline. Discipline and guidance shall be
consistent and based on an understanding of the individual needs and
development of a child. The licensee shall direct discipline to the goal
1/1/78 'lot. 1 - 164
5
102 CMR: OFFICE FOR CHILDREN
7.07: continued
of maximizing the growth and development of
protecting the group and individuals within it.
(a) Corporal punishment shall not be used,
(b) No child shall be subjected to cruel or
humiliation, or verbal abuse.
(c) No child shall be denied food as a form of
(d) No child shall be punished for soiling,
the toilet.
7.08: Food and Food Preparation
1/1/78
the children and for
including spanking.
severe punishment,
punishment.
wetting or not using
(1) Written Menus. The licensee shall prepare written menus for each
week and shall maintain copies of menu plans for typical weeks if the
licensee provides meals. The licensee shall post menus weekly and
keep previous menus on file.
(2) Meal Schedules. The licensee shall provide regular, nutritional
mid-morning or mid-afternoon snacks for children in care for less than
four hours, and shall regularly schedule meals, in addition to snacks,
for children in care four hours or longer.
(3) Requirements When Parents Send Meals. The licensee shall
provide to parents, in writing, a list of nutritious items which should
go into a bag lunch when parents are required to provide meals. The
licensee shall have a method for providing a nutritious meal, in
-accordance with 102 CMR 7.08(4), to a child whose parents fail to send
a bag lunch.
(4) Nutritional Requirements. The licensee shall provide for the
nutritional needs of children in accordance with the "Food and Nu-
trition Board, National Academy of Sciences National Research Council,
Recommended Dietary Allowances" when the licensee provides meals as
follows:
(a) for children in care between four and nine hours, one-third to
one-half of their nutritional needs in one regular meal (other than
breakfast) and one or more snacks;
(b) for children in care more than nine hours, two-thirds of their
nutritional needs in two meals and two or more snacks.
(5) Requirements for Infants and Toddlers. Infants and toddlers
shall be fed according to their individual feeding schedules or needs.
(a) When not mature enough to sit in an eating table or high
chair, infants shall be held while fed.
(b) When not mature enough to sit at a table; infants and toddlers
shall be fed in high chairs or eating tables.
(c) The licensee shall prepare formulas at the center according to
the written plan of each . child's parent(s) , or if there is no plan,
they shall use prepared, pre -sterilized formulas.
(6) Special Diets. The licensee shall follow parental or physician's
orders in preparation or feeding of special diets to children and shall
follow the directions of the parents in regards to any food allergies of
a child or where vitamin supplements are required.
(7) Designated Person. The licensee shall designate one person to be
responsible for the food program of the center.
(8) Requirements for Food Preoaration and Service. The licensee
shall store, prepare and serve all food and beverages in a manner as
to be clean, wholesome, free from spoilage and safe for human con-
sumption.
(a) The licensee shall provide refrigeration and storage for food at
not less than thirty-two (32) degrees Fahrenheit, or more than
forty-five (45) degrees Fahrenheit for food requiring refrigeration.
Vol. 1 - 165
102 CMR: OFFICE FOR CHILDREN
7.08: continued
(b) The licensee shall store all food in clean, covered containers.
(c) The licensee shall properly wash and sanitize ,all bottles,
utensils and dishes.
(d) The licensee shall dispose of milk', formula or food unfinished
by a child.
(e) The licensee shall prepare tasteful meals and in a manner
which makes them appetizing.
(9) Requirements for Feeding of Children. The licensee shall allow
children to eat at a reasonable, leisurely rate and shall insure that
each child receives an adequate amount and variety of food.
(a) No child shall be denied a meal for any reason other than
written medical direction.
(b) The licensee shall encourage children to eat a well balanced
diet, but no child shall be forced or otherwise coerced to eat
against his will.
KITCHEN FACILITIES
(10) Required Barrier to Kitchen. The licensee shall provide a
barrier, such as a door or gate, which prevents children's access to
the kitchen while unsupervised.
(11) Required Maintenance. The kitchen shall be maintained in a
sanitary condition and garbage receptacles used in the kitchen shall be
emptied and cleaned daily.
DINING FACILITIES AND EQUIPMENT
(12) Dining Room or Areas. The licensee shall maintain dining rooms
or areas which are sufficiently large to accommodate tables and seats
for persons eating in an uncrowded manner, and shall be clean, well
lighted and ventilated.
(13) Dining Furniture. The licensee shall provide tables and seats
for use by children while dining which are of .a type, size and design
appropriate to the ages and needs of the children. When feeding
tables or high chairs are used, they shall be designed to prevent
children from falling or slipping.
(14) Dining Utensils. The licensee shall provide eating and drinking
utensils which are appropriate to the age and needs of the children.
(a) Eating and drinking utensils shall be free from defects, cracks
and chips.
(b) Disposable cups and plates may be used, but if plastic silver-
ware is used, it shall be heavy duty and dishwater proof.
(c) All reusable eating and drinking utensils shall be thoroughly
washed and sanitized before reuse.
(15) Drinking Water and Cups. The licensee shall provide a source
of sanitary drinking water located in or convenient to rooms occupied
by children. When non -disposable cups are used for drinking water,
they shall be washed and sanitized after each use.
7.09: Sleep—Rest and Quiet Activity
(1) Rest or Quiet Activity Period. The licensee shall provide for a
mid -session rest or quiet activity period in a program where children
are in care for less than four hours. The length of the rest or quiet
activity period shall be appropriate to the needs of the children.
(2) Extended Rest, Quiet Activirr or Sleep Period. The licensee
shall, in addition to the mid -session rest or quiet activity period,
provide for extended rest, quiet activity or sleep to children in care
1/1/78 Vol. 1 - 166
102 CMR: OFFICE FOR CHILDREN
7.09: continued
for longer than four hours. The length of this period shall be appro-
priate to the needs of the children, but In no case shall it be less
than forty-five (45) minutes. Children shall be allowed the amount of
rest, quiet activity or sleep needed.
(3) Requirement for Extended Rest or Sleep Periods. The licensee
shall provide the following during rest or sleep periods:
(a) an area which is designed to minimize noise and disturbance;
(b) a separate mat, cot or bed, and blanket for each child;
(c) a crib for each infant under twelve months of age;
(d) no use of restraints on children while sleeping, but use of
hospital crib nets is permitted;
(e) cots, mats, blankets and sheets utilized must be individually
marked and in good repair and clean;
(f) pillows shall not be given to infants.
(4) Space and Sleeping or Rest Area. The licensee shall arrange a
sleeping or rest area which is large enough to maintain a minimum of
two feet between each crib, bed, cot or mat on all sides except where
in contact with a wall or partition. The licensee shall arrange the
sleeping area in such a way that children are easily accessible during
an emergency.
7.10: Referral Services and Termination
(1) Written Plan. The licensee shall have a written plan describing.
procedures for referring parents to appropriate social, mental health
and medical services for their child should the center staff feel that
such additional services would benefit the child.
(2) Record of Referrals. The licensee shall maintain a written record
of any such referral and the results.
(3) Termination. When any child is terminated from the center,
initiated by the center or the parent(s), the licensee shall prepare the
child for termination from the center in a manner consistent with the
child's ability to understand; and shall provide information and
referrals for other services to the parents upon the request of par-
ents. The licensee shall inform parents of the availability of infor-
mation and referral should the parent wish to request it.
7.11: Physical Facility and Equipment
1/1/78
(1) Safety Inspection. The licensee shall have a certificate of in-
spection from the Department of Public Safety or the local building
inspector.
(2) Health Inspection. The licensee shall provide evidence of in-
spection from the local health department and compliance with Article X
of the State Sanitary Code (102 CMR 595.000), if the center provides
hot meals for thirteen (13) or more children.
The licensee shall provide evidence that any private well or water
source has been inspected and approved by the local board of health,
health department, or private laboratory.
(3) Lead Paint Requirement and Lead Paint Inspection. The licensee
shall assure that paint used in the center is lead free.
(a) The licensee shall obtain a lead paint inspection from the local
board of health, or the state Department of Health, or private lead
paint detection service. If lead is found to be present, the licen-
see shall totally remove or otherwise make Inaccessible all paint or
plaster containing lead on any chewable surface, four feet from the
bottom of interior or exterior surfaces. Such chewable surfaces
Vol. 1 - 167
7.11: continued
1/1/78
102 CMR: OFFICE FOR CHILDREN
include, but are not limited to, window sills; windows, including
moldings; door frames; doors; stair rail spindles; stair treads from
the lip to the riser on bottom and four inches back from the lip on
the top of the tread; and porch railings.
(b) The licensee shall, in addition, remove and adequately cover
any chipping, flaking or otherwise loose paint or plaster found to
contain lead.
SPACE AND GENERAL REQUIREMENTS FOR PHYSICAL FACILITY
(4) Indoor Space. The licensee shall have a minimum of thirty-five
(35) square feet of activity space per child, exclusive of hallways,
lockers, wash and toilet rooms, isolation rooms, kitchens, closets,
offices or areas regularly used for other purposes and shall meet the
following requirements:
(a) Floors of rooms used by children shall be clean, unslippery,
smooth and free from cracks, splinters and sharp or protruding
objects and other safety hazards; and those floors in direct contact
with the ground shall have flooring impenetrable to water;
(b) Ceilings and walls shall be maintained in good repair, and
shall be clean and free from sharp or protruding objects and other
safety hazards;
(c) All steam and hot water pipes and radiators shall. be protected
by permanent screens, guards, insulations or any other suitable
device which prevents children from coming in contact with them;
(d) All electrical outlets which are within the reach of children
shall be covered with a safety device when not in use;
(e) Room temperature in rooms occupied by children shall be
maintained at not less than sixty-five (65) degrees fahrenheit at
zero degrees Fahrenheit outside; and at not more than the outside
temperature when the outside temperature is above eighty (80)
degrees Fahrenheit (measured at two feet from the outside walls and
twenty inches above floor level);
(f) There shall be designated space, separate from children's play
or rest areas, for administrative duties and staff or parent(s)
conferences;
(g) There shall be sufficient space, accessible to children, for
each child to store clothing and other personal items.
(h) The interior of the building shall be clean and maintained free
from rodents and/or insects. Safe and effective means of
eliminating insects and/or rodents shall be provided. All extensive
extermination shall be carried out by a licensed exterminator.
(1) The licensee shall provide suitable guards across the inside of
windows above the first floor if the windows are accessible to
children and across the outside of basement windows abutting
outdoor play areas. Guards shall be placed at the top and bottom
of stairwells opening into areas used by children.
(5) Special Requirements for Infants. The licensee shall not care for
infants above the first floor. Areas where infants are cared for shall
be accessible to ground level for purposes of evacuation.
(6) Outdoor Space. The licensee shall maintain, or have access to,
an outdoor play area of at least seventy-five square feet per child
using it at any one time. The average width of such a play area shall
not be less than eight feet and shall conform to the following
requirements:
(a) Some part of the outdoor play area shall be accessible to direct
sunlight;
(b) It shall be free from hazards (i.e., hidden corners, un-
protected pools, wells, cesspools and steps), poisonous plants,
(i.e., poison oak or ivy), and dangerous machinery or tools;
(c) It shall be fenced with a non -climbable barrier at least four
Vol. 1 - 168
7.11: continued
1/1/78
102 CMR: OFFICE FOR CHILDREN
(4) feet high if any part of the area is adjacent to a highway, on a
roof, a porch, or other dangerous area;
(d) It shall not be covered with a dangerously harsh or abrasive
material and the ground area under swings, slides, jungle gyms,
seesaws, etc. shall not be paved or shall be covered by mats.
(7) Toilets and Washbasins. The licensee shall maintain one toilet and
washbasin for every twenty (20) children in one or more well
ventilated bathrooms.
(a) When adult toilets and washbasins are used, the licensee shall
provide non-tippable stairs to permit access by those children who
are able to use them.
(b) In addition to toilets, portable "potty chairs" may be utilized
in the bathroom or separate room for children unable to use toilets.
(c) If doth diapers are used, a flush sink or toilet for rinsing
diapers and a hand washing facility must be provided convenient to
the diaper changing area.
(d) Special handrails or other aids shall be provided if required
by special needs children.
(8) Water Temperature. The licensee shall provide both hot and cold
running water in washbasins and for water used by children. There
shall be a temperature control to maintain a hot water temperature at
no more than one hundred twenty (120) degrees Fahrenheit.
TRANSPORTATION
(9) Written Plan for Transportation. The licensee shall describe, in
writing, any plans for transportation of children, including the names
of persons authorized to transport .children and transportation of
children in an emergency.
(10) Vehicle and Driver Requirements.
(a) The 11censee shall provide that any vehicle used for trans-
portation of more than eight children, at any one time, and the
driver thereof shall conform to Massachusetts school bus require-
ments as contained in the pertinent sections of Chapter 90 of the
General Laws and the "Rules and Regulations Establishing Minimum
Standards for Construction and Equipment of School Buses,"
Registry of Motor Vehicles. (540 CMR 2.17).
(b) The licensee shall provide that any vehicle used for the
transportation of eight children, at any one time, and the drivers
thereof, shall conform to Massachusetts school bus requirements as
contained in Section 7D of Chapter 90 of the General Laws.
(c) The licensee shall provide that station wagons, sedans, vans
or other private or hired vehicles used for transporting eight or
fewer persons, exclusive of the driver, shall be registered in
accordance with the laws of the Commonwealth if transportation
thereby is paid for directly or indirectly by parents, guardians or
custodians of the children, and shall conform to the requirements
for school bus signs as contained in Section 78(1) of Chapter 90 of
the General Laws.
(d) The operator of any vehicle transporting children shall be
licensed in accordance with the laws of the state, and any vehicle
used for transportation of children shall be bi-annually inspected in
accordance with the laws of the state.
(11) Insurance. The licensee shall use no center -owned or staff
member's vehicle to transport children unless it has the following
minimum amounts of liability insurance:
(a) injury per person, $100,000;
(b) injury per accident, $300,000;
(c) property damage, $5,000.
Vol. 1 - 169
102 CMR: OFFICE FOR CHILDREN
7.11: continued
(12) Transportation Safety. The licensee shall not allow the number
of children riding in a center -owned, staff member's vehicle or hired
vehicle for a center related activity, to exceed the number of seats
therein at any time. The driver shall not drive vehicles unless all
children are seated.
(a) Suitable safety carriers, restraints or seat belts shall be
provided for and utilized by each child, driver and attendant. All
car restraints shall meet the 1975 Standards of Physicians for
Automotive Safety or Consumer Union guidelines and shall be crash
tested and child approved.
(b) When more than nine children are being transported, an
attendant other than the driver is required.
(c) When transporting children, sharp, heavy or potentially
dangerous objects shall not be transported, or shall be securely
restrained.
(d) The licensee shall ascertain the nature of any need or problem
of a child which may cause difficulty during transporting such as
seizures, a tendency towards motion sickness and disabilities and
shall communicate such information to the operator of any vehicle
transporting children.
(e) Children shall be released by the driver of the vehicle only to
designated persons authorized by the children's parent(s) to
receive such children.
(f) Children shall not be regularly transported for periods longer
than forty-five (45) minutes one way between their home and the
location of the center.
E4UUWNT
(13) Varieties of Equipment. The licensee shall have sufficient play
materials, equipment and furnishings for the children enrolled at any
one time. The licensee shall provide an adequate variety of play
materials and equipment which shall be representative of each category
listed below:
(a) art supplies: paint (tempera, poster, finger), easel, crayons,
blunt scissors, paste, clay, and collage materials;
(b) blocks and accessories: large and small blocks, boats, cars,
planes, trains, figures of people, and animals of various sizes;
(c) books and posters: picture and story books, flannel boards;
(d) dramatic play area: beds, dolls, telephones, toy stoves, sink,
refrigerator, cabinets, table, chairs, dishes, pots, pans, ironing
board, iron, cleaning equipment, broom, dress -up clothes (both
men's and women's), large mirror placed at child's level, puppets,
and materials for costumes;
(e) large muscle equipment: boxes, boards, saw horses, barrels,
climbers, ladders, workbench, sand, water, wheel toys, swings,
slides, balls;
(f) manipulative toys: pegs, beads, lotto, puzzles, pounding
boards, small building sets;
(g) musical equipment: piano, records, and record player,
drums, cymbals, bells, rhythm sticks;
(h) science materials: aquarium with fish, non-poisonous seeds
and flower pots, growing plants, gardening tools , dry batteries,
magnets, compass, thermometer, rope and pulleys, magnifying
glass;
(i) for centers accepting infants, the licensee shall provide ma-
terials such as rattles, stuffed animals, mobiles and crib decora-
tions.
(14) Requirements for Equipment. The licensee shall only use equip-
ment, materials, furnishings, toys, and games which are appropriate to
the needs and developmental level of the child. They must be sturdy,
safely constructed, flame retardant, easily cleaned, and free from lead
111/78 Vol. 1.- 170
102 CHR: OFFICE FOR CHILDREN
7.11: continued
paint, protruding nails, rust, and other hazards which may be
dangerous to children.
(a) The licensee shall not use any item in the center which is
listed on the "Banned Products List" published by the United States
Consumer Product Safety Commission.
.(b) The licensee shall keep all equipment, materials, furnishings,
toys, and games clean and in a safe, workable condition.
(c) Some materials and equipment shall be visible and readily
accessible to the children in care and shall be arranged so that
children may select, remove and replace the materials either in-
dependently or -with minimum assistance.
(d) The licensee shall provide equipment which reflects the racial
and ethnic composition of the children enrolled.
(15) Telephone Requirements. The licensee shall provide one non -
coin operated telephone on the premises of the center for center use.
(16) Fire Drills. The licensee shall hold fire drills in accordance with
procedures required in 102 CUR 7.07(14)(g) at least twice per year.
(17) Smoking in Classrooms. The licensee shall not permit smoking in
classrooms during hours that children are in attendance.
7.12: Appendix 1 - Advisory Task Force
1/1/78
INTRODUCTION
(1) These standards are adopted in accordance with Chapter 28A of
the General Laws, particularly sections nine through thirteen thereof,
and in accordance with Section 13 of Chapter 785 of the. Acts of 1972.
Chapter 785, which created the Office for Children, stresses the
commitment of state government to assuring every child "a fair and full
opportunity to reach his full potential." In fulfilling its mandate as
the agency responsiblefor licensing day care centers, the Office has
developed specific regulations to be met by day care centers in order
to provide this opportunity to the children they serve.
(2) The scope of these standards goes beyond previous regulations in
that they include specific provisions for care of infants and toddlers
and special needs children up to age sixteen, as well as the general
provisions for all children aged two and a half through seven in day
care centers. The regulations reflect the belief that every aspect of a
day care center's operation affects the children enrolled. The physical
environment; administrative functioning; staff qualifications and
numbers; procedures for health care, rest, meals, toileting and varied
activities; and types of equipment available all contribute to the day
care experience of a child and should maintain a minimum quality level
which promotes healthy growth and development of children.
(3) The standards provide that all day care centers accepting infants
and toddlers, children aged two and a half through seven and/or
special needs children up to age sixteen, are:
(a) soundly administered by qualified persons designated specific
administrative and program responsibilities;
(b) staffed by appropriate numbers of persons with experience
and/or education in the field of early childhood education;
(c) providing a well-rounded variety of age-appropriate activities,
toys, and equipment for children on a regular basis;
(d) able to meet the emergency health needs of the children;
(e) able to provide for the basic physical care of children,
including adequate nutritional meals and snacks, rest or sleep, and
toileting procedures:
Vol. 1 - 171
102 C.NIR: OFFICE FOR CHILDREN
7.12: continued
(f) able to appropriately involve parents of children in day care in
visiting the center, meeting with the staff and receiving reports of
their children's progress;
(g) located in physical facilities which meet fire safety require-
ments, are clean, comfortable, and free from hazards such as
lead-based paint.
(4) These standards were developed by an Advisory Task Force of
over fifty parents; center owners, administrators and staff; pro-
fessionals in nutrition, health care and early childhood education; and
representatives of public agencies involved in day care development.
The Office for Children gratefully acknowledges the valuable contri-
butions and work of the Group Day Care Task Force under the leader-
ship of the Chairperson, Dr. Richard Rowe of the Children's Lobby.
The other members of the Task Force included:
Phyllis Abell - Department of Mental Health
Mort Alpert - Department of Public Welfare
James Antonucci - Project Coordinator, Office for Children Special
Needs Day Care Project
Phyllis Baumann - Office for Children, General Counsel
Jeannette Bauza - The Country School
Roy Bellush - Boston Area Day Care Workers' Union
Pat Berry - Massachusetts Association of Day Care Administrators.
Beverly Bourne - Head Start, Cape Area
Arlene Brodsky - Parent, Brockton, Massachusetts
Tina Burrell - Office of Child Development, HEW
Ethel Chesnul - Southeast Association for the Education of Young
Children
Meg Cline - Educational Development Corporation
Louise Corbin - Assistant Director, Office for Children Day Care
Consultation and Licensing Unit
Marie Crocett - Parent, Melrose, Massachusetts
Sophie Dermatis - Early Childhood Educator, Office for Children
Day Care Consultation and Licensing Unit
Claire Derry - Department of Public Health
Cindy DiRico - Holyoke -Chicopee Council for Children
Barbara Dowd - Haverhill-Newburyport Council for Children
Bernice Factor - Early Childhood Education Specialist, Office for
Children Day Care Consultation and Licensing Unit
Sybil Goldberg Greater Worcester Council for Children
Sue Halloran - Massachusetts State Day Care Advisory Committee,
Licensing Sub -Committee
Judy Hawker - Boston Area 5 Council for Children
Sheila Hellman - Franklin -Hampshire Council for Children
Carrie Hemenway - Franklin -Hampshire Council for Children
Jill Herold - Massachusetts State Day Care Advisory Committee
Sibley Higginbotham - Massachusetts State Day Care Advisory
Committee
Fran Jacobs - Office for Children Day Care Consultation and
Licensing Unit
Pat Jewett - Day Care and Child Development Council of America
Charles Johnson - Early Childhood Educator, Office for Children Day
Care Consultation and Licensing Unit
Abbey Kendrick - South shore Day Care
Eleanore Lewis - Lexington Nursery and Kindergarten School
Phyllis Lucas - Greater Worcester Council for Children
Mike Marsh - Harvard Cooperative Day Care Center
Blanche Martin - Department of Education
Kathleen McCann - Fall River Council for Children
Lucy Mitchell - Member, 1962 Regulations Task Force
Gwen Morgan - Day Care and Child Development Council of America
1/1/78 Vol. 1 - 172
102 CMR: OFFICE FOR CHILDREN
7.12: continued
Irma Napoleon - Assistant Director, Office for Children Day Care
Consultation and Licensing Unit
Fran Olson - Boston Association for the Education of Young Children
Cheryl Piatelli - Evaluator, Office for Children Special Needs Day
Care Project
Andrea Piriano - Boston Model Cities
Merrill Plunkett - Assistant Coordinator, Office for Children Day Care
Consultation and Licensing Unit
Bonnie Power - Franklin -Hampshire Council for Children
Barbara Reisman - Parent, Brockton, Massachusetts
Dr. Robert Ritchie - Pediatrician, Cambridge, Massachusetts
Roberta Rizzo - Jamaica Plain Neighborhood House
Margaret Sand - Cambridge Council for Children
Rose Shapiro - Tufts University
Stan Spack - Building Specialist, Office for Children Day Care
Consultation and Licensing Unit
Carole Upshur - Special Assistant to the Director, Office for Children
Wtlllam Warren - Director, Office for Children Day Care Consultation
and Licensing Unit
Louise Watts - Department of Education, Bureau of Nutrition
Robert Weber - Office for Children, Legal Staff
John Welsh - Massachusetts Federation for Child Care
Donna White - Marlboro Council for Children
Frederick Wrightson - Massachusetts Association of Child Development
and Education
James Wynn - Boston Area 5 Council for Children
Rudy Zulkiewicz - South Central Council for Children
The Office for Children also gratefully acknowledges the valuable
contributions and work of the Special Needs Task Force under the
leadership of the Chairperson, Larry Kotin, Esquire, of the Center for
Public Interest Law and Chairpersons, Maxine Rubin of United
Cerebral Palsy of Metropolitan Boston, and Dr. Samuel Meisels of the
Ellot-Pearson School of Child Study, Tufts University.
The other members of the Task Force included:
Phyllis Abell - Department of Mental Health
Barbara Abrahams - Department of Public Health
Mort Alpert - Department of Public Welfare
James Antonucci - Project Coordinator, Office for Children Special
Needs Day Care Project
Charles Beaupre, Jr. - Department of Public Safety
Toni Blanken - Massachusetts Rehabilitation Commission
Beverly Bourne - Head Start, Cape Area
Antoinette Chapman - Parent, Watertown, Massachusetts
Arthur Ciampa - Cerebral Palsy of the South Shore
Dr. Allen C. Crocker - Children's Hospital
Dr. Bruce Cushna - Children's Hospital
Noelle Davis - Office of Child Development
Claire Derry - Department of Public Health
John Ferguson - Commission for the Blind
Cynthia Gilles - Department of Education, Division
of Special Education
Mary Gulick - Dimock Street Preschool
Carolynn Hamlet - Department of Education, Division of Special
Education
Carol Hokans - Parent, Concord, Massachusetts
Leslie Johnson - Parent, Roxbury, Massachusetts
Kay Kelley - Department of Mental Health
Mary King - FACE Day Care Center
Cynthia Kline - Administrative Assistant, Office for Children Special
Needs Day Care Project
Eleanore Lewis - Lexington Nursery and Kindergarten School
1/1/78 Vol. 1 - 173
102 CMR: OFFICE FOR CHILDRE.11
7.12: continued
Alma McKinnon - Infants and Other People, !nc.
Janet Minch - Easter Seal and Child Advocacy Project
Cheryl Piateill - Evaluator, Office for Children Special Needs Day
Care Project
Ruth Ann Rasbold - Department of Education, Division of Special
Education
Susan Selya - Office of Child Development
Nora Wells - Wellesley College
Ellen Williams - Depar,=ent of Education, Division of Special Education
Dan Yohalem, Esquire, Children's Defense Fund
The Office for Children gratefully acknowledges the valuable con-
tributions and work of the Infant and Toddler Task Force under the
leadership of the Chairperson, Dr. Richard Kearsley.
The other members of the Task Force included:
Meg Cline - Educational Development Corporation
Teresa Daniels - Columbia Point Health Center
Marie Dias - Children' World Day Care Centers
Lesley Gardner - James Street Infant Center
Christopher Grossman - Office for Children
Sally Jarvis - Crispus Attucks Day Care Program
Dorothy Latham - Boston Model Cities
Leni Lowry - Children's Center
Bernadette Massingham
Gwen Morgan Day Care and Child Development Council of America
Alice Morrison - Department of Family Services and Child Health Care
Melva Padden - Bromley Health Day Care Program
Beverley Shackiey • Arthur D. Little, Inc.
William Warren, Director, Office for Children Day. Care Consultation
and Licensing Unit
Robin Wood - The Child's Garden
Alam York - Office of the Commissioner, Health and Hospitals
Department
Acknowledgements -- We give thanks to the following contributors:
Joan Bergstrom
Belle Evans
Marie Firman
Marguerite Flaven ; f
Andra Hotchkiss
Diane Lund
Special Thanks to Ms. Melissa Tillman. Former Director, Office for
Children Day Care Consultation and Licensing Unit.
REGULATORY AUTHORITY
102 CMR 7.00: M. G. L. c. 28A, s. 9 through s. 13.
1/1/78
Vol. 1 - 174
NORTH
0�
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R
O p
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�s1ACNU5��
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear Applicant:
Date:
t
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ -3-q6 for the following:
Filing Fee
Postage
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
/"�1'at�
r47
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk