3602. CHILD CARE AND CHILD PLACING INFRACTIONS

3602 CHILD CARE AND CHILD PLACING INFRACTIONS 3602.1 Violation of any of the following provisions shall be a Class 1 infraction: (a) 29 DCMR § 301.1 (operating a child development facility without a license); (b) 29 DCMR § 301.3 (failure to have a separate license for each facility located at different premises); or (c) 29 DCMR § 1600.4 (failure of a child placing agency to have an office and staff within the District of Columbia). 3602.2 Violation of any of the following provisions shall be a Class 2 infraction: (a) 29 DCMR § 306.1(c) (committing, aiding, abetting, or permitting fraud, gross negligence, abuse, assault, or another illegal act in the operation of a child development facility); (b) 29 DCMR § 311 (failure to permit authorized officials to enter and inspect); (c) 29 DCMR § 315.3 (failure to have a qualified director in charge of a child development center); (d) 29 DCMR § 315.4 (failure to have a qualified teacher in charge of a group at a child development center); (e) 29 DCMR § 330.8 (failure of a child development center to maintain all exits properly equipped); (f) 29 DCMR § 1601 (failure to comply with provisions concerning incorporation and operation of a child placing agency); (g) 29 DCMR § 1603.1 (failure to employ a qualified executive director); (h) 29 DCMR § 1608.1 (establishing fees not in accordance with fee-setting regulations); (i) 29 DCMR § 1608.4 (failure to provide client with written estimate of cost of services); (j) 29 DCMR § 1608.5 (accepting money or another item of value beyond the established fees for services); (k) 29 DCMR § 1613, except § 1613.9 (failure to employ sufficient and qualified professional staff or failure of professional staff to fulfill specified responsibilities); (l) 29 DCMR § 1614.3 (failure to employ qualified professional staff on a contract basis); (m) 29 DCMR § 1619.1 (failure to develop a written case plan on a child); (n) 29 DCMR § 1619.4 (failure to secure written authorization to place a child before accepting that child for placement); (o) 29 DCMR § 1619.5 (failure to secure written authorization to provide medical care before accepting that child for placement); (p) 29 DCMR § 1620.1 (failure to conduct an adoptive home study); (q) 29 DCMR § 1623.1 (failure to establish that a child is legally free for adoption or legally able to enter the District of Columbia for adoption before placing that child for adoption); (r) 29 DCMR § 1628.6 (failure to secure written consent to place a child before accepting that child for placement); (s) 29 DCMR § 1628.7 (failure to secure written consent to provide medical care before accepting that child for placement); (t) 29 DCMR § 1628.10 (encouraging a birth parent to surrender a child by coercion, promise of financial aid or other consideration, or making acceptance for casework services contingent upon surrender); (u) 29 DCMR § 1638.2 (using an unlicensed foster home for the placement of a child); (v) 29 DCMR § 1639.1 (failure to conduct a foster home study); or (w) 29 DCMR § 1644.3 (failure to provide or ensure the provision of health care for a foster child in the agency's care). 3602.3 Violation of any of the following provisions shall be a Class 3 infraction: (a) 29 DCMR § 301.9 (transfer of child development facility license to another person or place without government approval); (b) 29 DCMR § 301.10 (refusal to return license after suspension, revocation, non-renewal, or voluntary closure); (c) 29 DCMR § 302 (failure to comply with application requirements); (d) 29 DCMR § 304.4 (failure to inform of change in operation, program, or services which may affect licensure); (e) 29 DCMR § 315.1 (failure of child development center director to be physically present at least one-third of the time when children are at the center); (f) 29 DCMR § 315.2(a) (failure of child development center director to select and supervise qualified staff to ensure provision of required child development program); (g) 29 DCMR § 315.2(d) (failure of child development center director to develop an approved plan for emergencies, fire evacuation, and staff illness); (h) 29 DCMR § 315.2(e) (failure of child development center director to designate a teacher to be responsible for center operation in the director's absence); (i) 29 DCMR § 315.2(g) (failure of child development center director to ensure adult supervision of the children); (j) 29 DCMR § 315.5 (failure to have a qualified assistant teacher in charge of a group at a child development center); (k) 29 DCMR § 315.10 (failure of child development center to have sufficient staff to maintain sanitation and safety standards); (l) 29 DCMR § 316.1 (exceeding maximum permissible size of a group in a child development center); (m) 29 DCMR § 316.2 (failure of child development center to provide 2 staff members as specified for each group); (n) 29 DCMR § 317.1 (failure of child development center to provide adequate daily program as specified); (o) 29 DCMR § 318.4 (failure of child development center to consider parental information concerning a child's nutritional needs); (p) 29 DCMR § 320.1 (failure of child development home caregiver to supervise and administer home); (q) 29 DCMR § 320.7 (failure of child development home caregiver to cooperate with government officials in implementing child development program); (r) 29 DCMR § 325 (failure to comply with health requirements for children and/or staff); (s) 29 DCMR § 327 (failure to comply with building and environmental requirements); (t) 29 DCMR § 328.1 (failure to provide suitable outdoor play space free from hazardous conditions); (u) 29 DCMR § 329.1 (failure to provide adequate toilet and lavatory facilities as specified); (v) 29 DCMR § 329.4 (failure to provide soap and either individual towels or disposable paper towels in bathroom); (w) 29 DCMR § 330, except 330.8 (failure to comply with safety and health requirements for facility premises); (x) 29 DCMR § 1600.2 (failure of a child placing agency to develop and make available a written statement of purpose, philosophy and program, including a description of services provided); (y) 29 DCMR § 1600.3 (failure to provide a description of the geographical area served or intended to be served); (z) 29 DCMR § 1602 (failure to comply with requirements concerning establishment and composition of board of directors); (aa) 29 DCMR § 1603, except § 1603.1 (failure to comply with requirements concerning responsibilities of board of directors); (bb) 29 DCMR § 1605 (failure to maintain and document sufficient funding); (cc) 29 DCMR § 1606 (failure to maintain financial records and establish an accounting system); (dd) 29 DCMR § 1607 (failure to have financial records audited annually by an independent Certified Public Accountant); (ee) 29 DCMR § 1608.2 (failure to comply with requirements concerning agency policies on fees); (ff) 29 DCMR § 1608.3 (failure to make agency policies on fees available for public inspection); (gg) 29 DCMR § 1609 (failure to comply with requirements concerning office space); (hh) 29 DCMR § 1610 (failure to comply with requirements concerning personnel policies); (ii) 29 DCMR § 1611 (failure to comply with requirements concerning personnel records); (jj) 29 DCMR § 1612.3 (failure to perform a criminal background check on a prospective employee who will have direct contact with children or clients); (kk) 29 DCMR § 1617 (failure to comply with requirements concerning adoptive services recruitment, application, and information); (ll) 29 DCMR § 1618 (failure to comply with requirements concerning intake for adoptive services); (mm) 29 DCMR § 1619, except §§ 1619.1, 1619.4, and 1619.5 (failure to comply with requirements concerning case plan services, content, and information); (nn) 29 DCMR § 1620, except § 1620.1 (failure to comply with requirements concerning adoptive home study services, content, information, and re-evaluation); (oo) 29 DCMR § 1621 (failure to comply with requirements concerning notification regarding adoption application); (pp) 29 DCMR § 1622 (failure to comply with requirements concerning services for adoptive parents); (qq) 29 DCMR § 1623, except § 1623.1 (failure to comply with requirements concerning adoption pre-placement responsibilities); (rr) 29 DCMR § 1624 (failure to comply with requirements concerning adoption post-placement responsibilities); (ss) 29 DCMR § 1625 (failure to comply with requirements concerning maintenance of adoption records); (tt) 29 DCMR § 1626.2 (failure to provide a required report to a court concerning a petition for adoption); (uu) 29 DCMR § 1628.3 (failure to provide birth parents with information concerning ramifications of adoption); (vv) 29 DCMR § 1630 (failure to comply with requirements concerning severance of parental rights); (ww) 29 DCMR § 1633 (failure to comply with requirements concerning adoption placement considerations); (xx) 29 DCMR § 1635 (failure to comply with requirements concerning interstate placement); (yy) 29 DCMR § 1636 (failure to comply with requirements concerning international adoption services, policies, and information); (zz) 29 DCMR § 1637 (failure to comply with requirements concerning maintenance of records); (aaa) 29 DCMR § 1638, except § 1638.2 (failure to comply with general requirements concerning foster care); (bbb) 29 DCMR § 1639, except § 1639.1 (failure to comply with requirements concerning foster home study services, content and information); (ccc) 29 DCMR § 1640 (failure to comply with requirements concerning notification regarding foster care application); (ddd) 29 DCMR § 1641 (failure to comply with requirements concerning foster parent training); (eee) 29 DCMR § 1643 (failure to comply with requirements concerning agency responsibilities in foster care); or (fff) 29 DCMR § 1644, except § 1644.3 (failure to comply with requirements concerning supervision of children in foster care). 3602.4 Violation of any of the following provisions shall be a Class 4 infraction: (a) 29 DCMR § 301.7 (failure to post child development facility license conspicuously on the facility premises); (b) 29 DCMR § 305.2 (failure to submit renewal application timely) (c) 29 DCMR § 315.2(c) (failure of child development center director to ensure compliance with applicable codes and regulations); (d) 29 DCMR § 315.2(f) (failure of child development center director to ensure provision of in-service training to volunteers); (e) 29 DCMR § 315.2(h) (failure of child development center director to develop a plan for parent involvement); (f) 29 DCMR § 315.6 (failure of child development center to ensure that teacher performs required duties); (g) 29 DCMR § 315.7 (failure of child development center to ensure that assistant teacher performs required duties); (h) 29 DCMR § 315.9 (failure of child development center to ensure that aide performs required duties); (i) 29 DCMR § 316.3 (failure of child development center to obtain approval for mixed-age group or to comply with child:adult ratio applicable to youngest child in group); (j) 29 DCMR § 316.4 (failure of child development center to obtain approval for change in child:adult ratio); (k) 29 DCMR § 317, except § 317.1 (failure to comply with individual child development center daily program requirements); (l) 29 DCMR § 318, except § 318.4 (failure of child development center to comply with meal and snack requirements); (m) 29 DCMR § 320.3 (failure of child development home caregiver to ensure compliance with applicable codes and regulations); (n) 29 DCMR § 320.4 (failure of child development home caregiver to conduct food handling, preparation and service in an adequate manner); (o) 29 DCMR § 320.5 (failure of child development home caregiver to develop an approved plan for emergencies, including designation of a responsible adult substitute caregiver); (p) 29 DCMR § 320.6 (failure of child development home caregiver to develop a plan for parent involvement); (q) 29 DCMR § 321 (failure to comply with child development home daily program requirements); (r) 29 DCMR § 322 (failure of child development home to comply with equipment and supply requirements); (s) 29 DCMR § 326 (failure to comply with recordkeeping requirements for children and/or employees); (t) 29 DCMR § 328.2 (failure to provide adequate outdoor play space); (u) 29 DCMR § 328.3 (failure to provide adequate indoor program space); (v) 29 DCMR § 329.2 (failure to provide block or step when needed for toilets and lavatories); (w) 29 DCMR § 329.3 (failure to provide toilet training chairs and to maintain in a sanitary manner); (x) 29 DCMR § 329.5 (failure to provide a drinking fountain or individual clean cups for drinking); (y) 29 DCMR § 1604 (failure of a child placing agency to maintain a current agency organizational table); (z) 29 DCMR § 1612, except § 1612.3 (failure to comply with requirements concerning applicants for employment); (aa) 29 DCMR § 1613.9 (failure of office staff to fulfill responsibilities); (bb) 29 DCMR § 1615 (failure to comply with requirements concerning volunteers); (cc) 29 DCMR § 1616 (failure to comply with requirements concerning student interns); (dd) 29 DCMR § 1626.4 (failure to provide copy of adoption decree to other agency involved in adoption); (ee) 29 DCMR § 1628, except §§ 1628.3, 1628.6, 1628.7, and 1628.10 (failure to comply with general requirements concerning social services related to child placing); (ff) 29 DCMR § 1629 (failure to comply with requirements concerning notice to actual and possible birth parents); (gg) 29 DCMR § 1631 (failure to comply with requirements concerning paternity affidavits); (hh) 29 DCMR § 1632 (failure to comply with requirements concerning efforts to locate birth parents); (ii) 29 DCMR § 1634 (failure to refer unsuccessful child or client to other adoption agencies, services, and exchanges); or (jj) 29 DCMR § 1642 (failure to comply with requirements concerning foster care placement considerations). SOURCE: Final Rulemaking published at 52 DCR 4981 (May 27, 2005).