DEPARTMENT
OF EARLY EDUCATION AND CARE
PARENTAL RIGHTS Chapter
28A, Section 10 of the General Laws of the Commonwealth of Massachusetts mandates
to the Department of Early Education Care the legal responsibility of promulgating
rules and regulations governing the operation of day care centers (including nursery
schools). In
accordance with this law, the Department of Early Education and Care published
the requirements now in effect on March 31, 1997. These regulations must be complied
with by the license in order to ensure a minimum level of care for the children
serviced by the day care center and/or nursery school. The
Licensee (child care center owner) is required to inform all parents of "the
rights of parents" as stated in the regulations at the time of admission
of their child to the center. These
rights are as follows: PARENT
INVOLVEMENT 7.05(12)
Parent Visits. The Licensee shall permit and encourage parents
to visit the center and their child's room while their child is present. 7.05(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 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. 7.05(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 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
developments, particularly as they regard infants, to the parent's attention as
soon as they arise. 7.05(15)
Parent Conferences. The Licensee shall make the staff available
for individual conferences with parents at parental request. 7.05(19)
Confidentiality and Distribution of Records. Information contained
in a child's records 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 written consent
of the child's parent(s). The Licensee shall notify the parent(s) if a child's
record is subpoenaed. 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 it's parts, shall be made available. The licensee shall establish procedures
governing access to, duplication of, and dissemination of such information; 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: their 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. 7.05(20)
Charge of Copies. The Licensee shall not charge an unreasonable
fee for copies of any information contained in the child's record. 7.05(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 conference with the Licensee to make his objections
known;
2. The License 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 this decision is in favor of the parent(s), he shall immediately
take steps as may be necessary to put the decision into effect. 7.05(22)
Transfer of Records. Upon written request of the parent(s) the
Licensee shall transfer the child's records to the parent(s), or any other person
the parent(s) identifies, when the child is no longer in care. 7.05(23)
Notification to Parents. The Licensee shall notify the parent(s)
in writing of the provisions of 7.05(19) through 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 DEPARTMENT 7.05(24)
Availability of Information to the Department. Notwithstanding 102 CMR
7.05(19), upon request of an employee, authorized by the Director and involved
in the regulatory process, the Licensee shall make available to the Department
any information required to be kept and maintained under these regulations and
any other information reasonably related to the requirements of these regulations.
Authorized employees of the Department shall not remove identifying case material
from the center's premise and shall maintain the confidentiality of individual
records. 7.07(6)
Meeting the Parents. The Licensee shall assure that the administrator
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
statement 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. In
addition, Section 7.03(23) requires all Licensees to have a copy of the regulations
on the premises of the center and the regulations shall be made available to any
person upon request. | 