Child Care Centres (Amendment) Regulations 2011

No. S 677

Child Care Centres Act

(CHAPTER 37A)

Child Care Centres
(Amendment) Regulations 2011

In exercise of the powers conferred by section 19 of the Child Care Centres Act, MG (NS) Chan Chun Sing, Minister of State, charged with the responsibility of the Minister for Community Development, Youth and Sports, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Child Care Centres (Amendment) Regulations 2011 and shall come into operation on 3rd January 2012.

Amendment of regulation 2

2. Regulation 2 of the Child Care Centres Regulations (Rg 1) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by deleting the definitions of “health officer” and “operator” substituting the following definitions:

“ “child care teacher” means a person who holds such child care qualifications as is acceptable to the Director, and who is employed by a licensee for the care and development of children older than 18 months but younger than 7 years of age enrolled in the licensee’s child care centre;

“educarer” means a person who holds such child care qualifications as is acceptable to the Director, and who is employed by a licensee for the care and development of the following children enrolled in the licensee’s child care centre:

(a)	children aged 2 months or older but younger than 3 years of age, other than children referred to in paragraph (b); and
(b)	children enrolled in any of the Nursery 1 class conducted at the licensee’s child care centre;

“health officer” means any Health Officer appointed under section 4(1) of the Infectious Diseases Act (Cap. 137);

“Kindergarten 1 class” means a class conducted at a child care centre for children attaining 5 years of age in the calendar year during which the class commences;

“Kindergarten 2 class” means a class conducted at a child care centre for children attaining 6 years of age in the calendar year during which the class commences;

“licensee” means the holder of a licence to operate a child care centre;

“Nursery 1 class” means a class conducted at a child care centre for children attaining 3 years of age in the calendar year during which the class commences;

“Nursery 2 class” means a class conducted at a child care centre for children attaining 4 years of age in the calendar year during which the class commences;

“para-educarer” means a person who holds any of the child care qualifications set out in the Third Schedule, and who is employed by a licensee to assist —

(a)

any educarer also employed by the licensee in the care and development of the following children enrolled in the licensee’s child care centre:

(i)	children aged 18 months or older but younger than 3 years of age, other than children referred to in sub‑paragraph (ii); and
(ii)	children enrolled in any Nursery 1 class conducted at the licensee’s child care centre; and

(b)

any child care teacher also employed by the licensee in the care and development of children enrolled in any Nursery 2 class conducted at the licensee’s child care centre;

“para-educator” means a person who holds any of the child care qualifications set out in the Fourth Schedule, and who is employed by a licensee to assist any child care teacher also employed by the licensee in the care and development of children enrolled in any Kindergarten 1 class or Kindergarten 2 class conducted at the licensee’s child care centre;”;

(b)

by deleting the definition of “programme staff” and substituting the following definition:

“ “programme staff” means any employee of a child care centre who is a child care teacher, an educarer, a para-educarer or a para-educator;”; and

(c)

by inserting, immediately after the word “children” in the definition of “supervisor”, the words “and staff of the child care centre”.

New regulation 2A

3. The principal Regulations are amended by inserting, immediately after regulation 2, the following regulation:

“Licensee must comply with Regulations

2A. Unless the context otherwise requires, it is the duty of the licensee of a child care centre to ensure that the provisions of these Regulations are complied with when providing child care services at that child care centre.”.

Deletion and substitution of regulation 5

4. Regulation 5 of the principal Regulations is deleted and the following regulation substituted therefor:

“Disqualification

5. No licence may be issued or renewed in respect of an applicant who has been convicted of —

(a)	any offence under section 5, 6, 7, 11, 12 or 13 of the Children and Young Persons Act (Cap. 38), or any other offence involving child abuse or child neglect;
(b)	any offence under Part XI of the Women’s Charter (Cap. 353); or
(c)	any offence under section 354, 354A, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G, 377, 377A, 377B or 509 of the Penal Code (Cap. 224).”.

Amendment of regulation 8

5. Regulation 8 of the principal Regulations is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) The licensee of a child care centre shall ensure that the programme statement is explained in general terms to a parent or guardian of every child who is to be enrolled in the child care centre and that a copy of the programme statement is given to the parent or guardian without any charge.”.

Amendment of regulation 9

6. Regulation 9 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) Every licensee shall submit to the Director for approval a written daily programme schedule for each age range of children specified by the Director.”;

(b)

by inserting, immediately after the word “Director” in paragraph (2), the words “under paragraph (1)”; and

(c)

by deleting the words “training in child care recognised by the Director” in paragraph (5) and substituting the words “the necessary child care qualifications set out in these Regulations or as accepted by the Director, as the case may be”.

Amendment of regulation 10

7. Regulation 10 of the principal Regulations is amended —

(a)

by deleting the word “and” at the end of paragraph (a);

(b)

by deleting the full-stop at the end of paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(c)	where applicable, give parents and guardians such length of notice of closure of the child care centre as may be required by the Director.”; and

(c)

by deleting the marginal note and inserting the following regulation heading:

“Partnership between centre and parents or guardians”.

Amendment of regulation 11

8. Regulation 11 of the principal Regulations is amended —

(a)

by inserting, immediately after paragraph (1), the following paragraphs:

“(1A) Subject to paragraph (1B), any child —

(a)	who has a fever; or
(b)	who is on medication,

shall not be admitted physically into or attend any class at any child care centre.

(1B) A child who has no fever but is on medication may be admitted physically into or attend any class at any child care centre if —

(a)	the period of unfitness stated in any medical certificate signed by any registered medical practitioner with respect to the child has expired and the child does not exhibit any symptom of illness; or
(b)	the child is certified by any registered medical practitioner to be medically fit to attend class at the child care centre.”;

(b)

by deleting paragraph (3) and substituting the following paragraph:

“(3) Any child who develops any symptom of serious illness shall be taken to a supervised area designated for rest and care and shall remain there until such time as his parent or guardian, or any person authorised by his parent or guardian, takes him home.”; and

(c)

by deleting the word “operator” in paragraphs (4) and (5) and substituting in each case the word “licensee”.

Amendment of regulation 14

9. Regulation 14 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) No licensee shall employ any person as a member of the staff of a child care centre unless that person —

(a)

has undergone a medical examination and a chest X-ray;

(b)

has been certified to be fit to work and free from active tuberculosis by a registered medical practitioner; and

(c)

has provided a written declaration to the licensee that —

(i)	the person has received vaccination against measles, rubella and varicella; or
(ii)	the person has taken a serological test and has since been vaccinated against the diseases for which the serological test shows he has no immunity against.”; and

(b)

by deleting paragraph (3) and substituting the following paragraph:

“(3) Any person engaged or employed to prepare food in a licensed child care centre —

(a)	shall undergo a medical examination as specified in paragraph (1) before such engagement or employment;
(b)	shall be vaccinated against typhoid before such engagement or employment and subsequently once every 3 years; and
(c)	shall, before such engagement or employment, attend and successfully complete such course on basic food hygiene as may be approved by the Director.”.

Amendment of regulation 15

10. Regulation 15 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) The licensee of a child care centre —

(a)	shall ensure that the physical premises and operation of the child care centre conform with such guidelines as may be set by the Ministry of Health relating to the prevention of infectious diseases in child care centres and kindergartens; and
(b)	shall immediately report any suspected or known cause of infectious disease amongst the staff or children of the child care centre to a health officer, the Director and the parents of all the children attending the child care centre.”; and

(b)

by deleting the words “The operator shall ensure that any staff member or child in a child care centre” in paragraph (2) and substituting the words “The licensee shall ensure that any staff member in a child care centre”.

Amendment of regulation 17

11. Regulation 17 of the principal Regulations is amended —

(a)

by deleting the word “operator” and substituting the word “licensee”; and

(b)

by renumbering the regulation as paragraph (1) of that regulation, and by inserting immediately thereafter the following paragraph:

“(2) Where any member of the staff of a child care centre or licensee thereof has administered any disciplinary measure referred to in paragraph (1), the Director may issue a letter to that staff member or licensee warning him against repeating the administration of such disciplinary measure.”.

Amendment of regulation 20

12. Regulation 20 of the principal Regulations is amended —

(a)

by deleting the word “operator” and substituting the word “licensee”; and

(b)

by deleting paragraph (d) and substituting the following paragraph:

“(d)	daily attendance register for a period of 3 years from the last entry.”.

Amendment of regulation 24

13. Regulation 24 of the principal Regulations is amended —

(a)

by deleting the word “operator” in paragraph (1) and substituting the words “licensee of a child care centre”; and

(b)

by deleting paragraph (2) and substituting the following paragraphs:

“(2) For the purposes of paragraph (1), the licensee shall employ a supervisor and programme staff, each of whom must have —

(a)	the necessary child care qualifications as set out in these Regulations or as accepted by the Director, as the case may be; and
(b)	a valid certificate in first aid recognised by the Director.

(3) No licensee shall employ any person as a member of the programme staff unless that person has furnished a declaration stating —

(a)	that he has not previously been convicted of any offence specified in regulation 26; and
(b)	whether he has previously received any letter of warning from the Director under regulation 17(2).”.

Deletion and substitution of regulations 25 and 26 and new regulation 26A

14. Regulations 25 and 26 and new regulation 26A of the principal Regulations are deleted and the following regulations substituted therefor:

“Programme staff-child ratio

25.—(1) Subject to paragraphs (2), (5) and (6), a licensee must ensure that the ratio of educarers to children enrolled in the licensee’s child care centre is not less than —

(a)

1:5 in respect of all children who are aged 2 or more months but not older than 18 months of age;

(b)

1:8 in respect of all children who are older than 18 months but not more than 30 months of age; and

(c)

1:12 in respect of —

(i)	all children who are older than 30 months but younger than 3 years of age; and
(ii)	all children who are aged 3 years or older and are enrolled in any Nursery 1 class conducted at the licensee’s child care centre.

(2) Notwithstanding paragraph (1), where an educarer is assisted by one or more para-educarers, the ratio of educarers to children enrolled in a licensee’s child care centre must not be less than —

(a)

1:12 in respect of all children who are older than 18 months but not more than 30 months of age; and

(b)

1:18 in respect of —

(i)	all children who are older than 30 months but younger than 3 years of age; and
(ii)	all children who are aged 3 years or older and are enrolled in any Nursery 1 class conducted at the licensee’s child care centre.

(3) Subject to paragraphs (4) and (6), a licensee must ensure that the ratio of child care teachers to children enrolled in the licensee’s child care centre is not less than —

(a)	1:15 in respect of all children who are enrolled in any Nursery 2 class conducted at the licensee’s child care centre; and
(b)	1:25 in respect of all children who are enrolled in any Kindergarten 1 class or Kindergarten 2 class.

(4) Notwithstanding paragraph (3) —

(a)	where a child care teacher is assisted by one or more para-educarers, the ratio of child care teachers to children enrolled in a licensee’s child care centre must not be less than 1:20 in respect of all children who are enrolled in any Nursery 2 class conducted at the licensee’s child care centre; and
(b)	where a child care teacher is assisted by one or more para-educators, the ratio of child care teachers to children enrolled in a licensee’s child care centre must not be less than 1:30 in respect of all children who are enrolled in any Kindergarten 1 class or Kindergarten 2 class conducted at the licensee’s child care centre.

(5) The ratio specified in paragraph (1)(a) shall apply at all times when the child care centre is open and providing child care services to children.

(6) The ratios specified in paragraphs (1)(b) and (c), (2), (3) and (4) shall apply at all times when the child care centre is open and providing child care services to children except during the periods when children arrive at and leave the child care centre and during rest periods, where paragraph (7) shall apply.

(7) During the periods when children arrive at or leave a child care centre or during rest periods, the ratio of staff to children enrolled in the child care centre must not be less than —

(a)

1:12 in respect of all children who are older than 18 months but not more than 30 months of age;

(b)

1:18 in respect of —

(i)	all children who are older than 30 months but younger than 3 years of age; and
(ii)	all children who are aged 3 years or older and are enrolled in any Nursery 1 class conducted at the licensee’s child care centre;

(c)

1:20 in respect of all children who are enrolled in any Nursery 2 class conducted at the licensee’s child care centre; and

(d)

1:30 in respect of all children who are enrolled in any Kindergarten 1 class or Kindergarten 2 class conducted at the licensee’s child care centre.

(8) The licensee of a child care centre must ensure that at any time when there is any child in the child care centre, there must be present in the child care centre at least 2 staff in the centre comprising —

(a)	at least one programme staff; and
(b)	a person who holds a valid first aid certificate recognised by the Director.

(9) The licensee of a child care centre must ensure that no child in the child care centre is at any time left alone without staff supervision.

Director may prohibit employment of certain staff

26. The Director may, in his discretion, prohibit the licensee of any child care centre from employing any person as staff of that child care centre if —

(a)

the person to be employed has been convicted of —

(i)	any offence under section 5, 6, 7, 11, 12 or 13 of the Children and Young Persons Act, or any other offence involving child abuse or child neglect;
(ii)	any offence under Part XI of the Women’s Charter;
(iii)	any offence under section 354, 354A, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G, 377, 377A, 377B or 509 of the Penal Code; or
(iv)	any offence involving fraud, dishonesty or moral turpitude; or

(b)

the Director is not satisfied as to the character or fitness of the person to be employed as staff of the child care centre.

Licensee to issue and enforce measures

26A. The licensee of a child care centre shall, for the purpose of ensuring the safety and protection of all children in the child care centre from sexual exploitation and sexual abuse, issue rules of conduct, which are approved by the Director, to the staff of the child care centre.”.

Deletion and substitution of regulation 27

15. Regulation 27 of the principal Regulations is deleted and the following regulation substituted therefor:

“Child care centre to comply with specifications

27. The licensee of a child care centre shall ensure —

(a)	that the child care centre complies with the specifications set out in the First Schedule; and
(b)	where the child care centre enrols any child with special educational needs, that the child care centre complies with such other guidelines relating to the facilities and programmes to be provided for children with special educational needs as the Director may issue.”.

Amendment of regulation 29

16. Regulation 29(3) of the principal Regulations is amended by inserting, immediately after the words “mattress cover”, the words “made of Poly Vinyl Chloride (PVC) material”.

Amendment of regulation 37

17. Regulation 37 of the principal Regulations is amended —

(a)	by deleting the word “operator” and substituting the words “licensee of a child care centre”; and
(b)	by deleting the words “a child care centre is situated” and substituting the words “the child care centre is situated”.

Deletion and substitution of regulation 40

18. Regulation 40 of the principal Regulations is deleted and the following regulation substituted therefor:

“Child care fees

40.—(1) An applicant for a licence to operate a child care centre shall, when applying for the licence, inform the Director in writing of —

(a)	the registration fees and the daily, weekly, monthly or other incidental fees for the child care centre; and
(b)	the deposits that are to be made payable in respect of the admission to and attendance of any child at the child care centre.

(2) The licensee of a child care centre shall, at least 2 months before any change in any fee or deposit referred to in paragraph (1), inform the Director and parent or guardian of every child attending the child care centre of such change in writing.

(3) The licensee of a child care centre shall issue a receipt for every such fee or deposit received by the licensee.

(4) The receipt issued under paragraph (3) shall state the amount of Government subsidy for which the parent is eligible in respect of the fees paid by them.”.

Deletion and substitution of regulation 41 and new regulation 41A

19. Regulation 41 of the principal Regulations is deleted and the following regulations substituted therefor:

“Use of premises

41.—(1) Subject to paragraph (2), no licensed child care centre shall be used for any purpose other than the ordinary conduct and business of a child care centre during its period of operation.

(2) The Director may, in his discretion and subject to such conditions as he may impose, allow the licensee of a child care centre to receive children who are aged 7 years or older but younger than 14 years of age for the purposes of providing them care and supervision during its period of operation.

Furnishing of false information, etc.

41A. No person shall furnish false information, or fail to furnish information which is required to be furnished, in connection with any application for the issue or renewal of a licence or for employment as staff in a child care centre.”.

Amendment of First Schedule

20. The First Schedule to the principal Regulations is amended —

(a)

by inserting, immediately after the words “for each child enrolled” in paragraph 7, the words “, who is older than 18 months of age”; and

(b)

by inserting, immediately after paragraph 7, the following paragraph:

“7A. Every child care centre shall have a minimum of 5 square metres of usable floor space (excluding service areas) as indoor activity area for each child enrolled, who is aged 18 months or younger. Additional space as determined by the Director shall be provided for children who are unable to walk.”.

Deletion and substitution of Second Schedule

21. The Second Schedule to the principal Regulations is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

Regulation 30

Hygiene And Environmental Health

1. The following number of wash hand basins and flush toilets shall be provided:

Number of children

Number of wash hand basins

Number of flush toilets

47 and below

48 — 71

72 — 95

96 — 119

120 — 143

144

2. Toilet facilities for children shall be provided at each level of the premises of a child care centre.

3. Where a child care centre has a capacity of more than 144 children, the number of additional toilets and wash hand basins to be provided for children in excess of 144 children shall be calculated in accordance with the following formula:

where X

is the number of additional toilets and wash hand basins to be provided, rounded up to the nearest whole number; and

is the number of children in excess of 144 children.

4. Each wash hand basin shall be of child-size and fixed at a height approximately 500 mm to 600 mm from the floor.

5. A mirror of a suitable size shall be fixed to the wall above the wash hand basins.

6. Each flush toilet shall be of the child-sized pedestal type of toilet and of a height not exceeding 350 mm (measured without seat) from the floor.

7. Each flush toilet shall be separated by partitions of a height of at least one metre.

8. Internal walls of each toilet block shall be lined with glazed tiles to a height of at least 1.5 metres and the wall behind and above wash hand basins and sinks shall be lined with glazed tiles to a height of not less than 450 mm.

9. Bathing facilities (including water heaters) for children shall be provided.

10. Where children who are aged 18 months or younger are enrolled —

(a)	sinks with running water near the diaper change area shall be provided at a ratio of one sink for every 10 children aged 18 months or younger; and
(b)	such other facilities in compliance with the guidelines specified by the Director shall be provided.”.

New Third and Fourth Schedules

22. The principal Regulations are amended by inserting, immediately after the Second Schedule, the following Schedules:

“THIRD SCHEDULE

Regulation 2

CHILD CARE QUALIFICATIONS OF para-educarer

Certificate in the Fundamentals in Early Childhood Care and Education Course, or such equivalent course as may be approved by the Director.

FOURTH SCHEDULE

Regulation 2

CHILD CARE QUALIFICATIONS OF para-educator

Certificate in the Early Childhood Care and Education Course, or such equivalent course as may be approved by the Director.”.

Miscellaneous amendments

23. The principal Regulations are amended —

(a)

by deleting the word “operator” in the following regulations and substituting in each case the word “licensee”:

Regulations 7(1), 13(2), 18(3)(a), 19, 23(2) and 38; and

(b)

by deleting the word “operator” in the following regulations and substituting in each case the words “licensee of a child care centre”:

Regulations 21, 23(1) and 42(1).

[S 50/95; S 69/95; S 72/97; S 49/99; S 44/2000; S 143/2001]

Made this 20th day of December 2011.

CHAN HENG KEE

Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.

[MCD 132-76-21-1 Vol. 6; AG/LLRD/SL/37A/2010/1 Vol. 2]

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