§ 47.67 — Child Development Policies, Activities, Rest Periods and Clothing

§ 47.67 Child Development Policies, Activities, Rest Periods and Clothing.

(a) Activities. A program's activities shall be varied in order to promote the physical, intellectual, and emotional well-being of the children. Corporal punishment and humiliating or frightening methods of control shall be prohibited. Food, rest or isolation shall not be used as a means of punishment. Punitive methods of toilet training are prohibited. (b) Schedules. A written daily schedule of program activities and routines which offer reasonable regularity, including snack and meal periods, nap and rest periods, indoor and outdoor activities, and activities which provide children with opportunities for learning and self-expression in small and large groups is required. When night care is provided, this schedule shall include routine personal hygiene, including changing into night clothes, brushing teeth, and washing before bed in the manner to be agreed between the parent and the operator. (c) Child behavior management. A written policy regarding management of the behavior of children, consistent with the requirements of this Article, shall be distributed to every staff member, posted in a prominent location within the facility and made available to parents upon request. Permittees shall act consistently with such policy. (d) Parents. (1) Unrestricted access. Parents shall have unrestricted access to their children at all times, unless an Order of Protection prevents access. (2) Enrollment and orientation. At the time children are enrolled in a program, parents must be provided with information that acquaints parents with the policies and procedures of the program for supervision, attendance, admission, discharge, emergency and illness management as specified in the written safety plan and the requirements of this Code, and a copy of the Department brochure, "How to Get Information about Child Care Programs in New York City," or successor publication. (3) Video surveillance. The parents of all children receiving care or supervision in a facility equipped with video surveillance cameras installed for the purpose of allowing parents to view their children in the facility by means of the internet shall be informed in writing that cameras will be used for this purpose. All staff of the program also shall be informed in writing if video surveillance cameras will be used for this purpose. The program shall make available copies of such notices to the Department upon request. (A) All parents of children enrolled in the program and all staff of the program shall be made aware of the locations of all video surveillance cameras used at the facility. (B) Programs opting to install and use video surveillance equipment shall comply with all law applicable to the use of such equipment. (C) Video surveillance cameras may not be used as a substitute for competent direct supervision of children. (D) Programs opting to allow parents to view their children in the child care setting by means of the internet shall use and maintain adequate internet security measures at all times. Such measures include but are not limited to: passwords that are frequently changed that enable parents to access the internet site for viewing children; filtering measures that prohibit public access to or viewing of child care or supervision activities via the internet; and immediate corrective action in response to any report of abuse of the system or inappropriate access. Such programs shall also advise the parents having access to views of the program through the internet of the importance of security in regard to such viewing and of the importance of the privacy rights of other children who may be viewed. (E) Video surveillance cameras shall be used only to transmit images of children in common rooms, hallways and play areas. Bathrooms and changing areas shall remain private and free of all video surveillance equipment. (F) Programs that use video surveillance equipment shall allow inspectors and other representatives of the Department to have access to such equipment and to have viewing privileges as required by the Department. (e) Children shall be comforted when distressed. (f) Safe sleep environment for infants. (1) An infant/toddler child care program or family shelter-based drop-off child supervision program providing services to infants or toddlers must provide a safe sleep environment for each infant, consisting of a single crib or bassinet per child that is approved by the US Consumer Product Safety Commission, and that complies with standards of the American Society for Testing and Materials (ASTM) International for infant sleep equipment; and a firm crib mattress specifically designed for the equipment used, covered by a tight fitting sheet flush with the sides of the crib/bassinet. The crib or bassinet must be free of bumper pads, pillows or sleep positioning devices not medically prescribed, loose bedding, blankets, toys and other possible suffocation risks. No child care facility subject to this Article may use or have on the premises any crib bumper pad unless a medical professional has determined that use of a crib bumper pad is medically necessary for a particular child using a crib in such child care facility. (2) Positioning. Infants must be placed in a supine position unless written medical instructions directing otherwise are provided by the infant's primary health care provider. The program must maintain written medical instructions and make the instructions available for inspection by the Department. Infants capable of turning over by themselves in any direction may remain in the position the infant attains. (3) Prohibitions. Infants must not be allowed to sleep or nap in a car safety seat except during transportation. Infants must not be allowed to sleep on bean bag chairs, futons, bouncy seats, infant swing or highchairs, playpens or other furniture/equipment not designed and approved for infant sleep purposes and meeting safe sleep environment criteria. Infants found sleeping in other than a safe sleep environment must be moved to a safe sleep environment upon discovery. Only one infant may occupy a single crib or bassinet at any given time. (4) Bedding. Bedding must be changed prior to placing an infant in a crib or bassinet previously occupied by another infant. (5) Choking, tangling hazards. Bibs, necklaces, and garments with ties or hoods must be removed prior to placing an infant in a crib or bassinet. (g) Each child in full time child care shall have a quiet, relaxed period of approximately one hour a day. Shorter, comparable periods of quiet and relaxation shall be provided for each child who spends less time in a program. (Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 12/26/2019, eff. 1/25/2020)