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Questions and Answers for the Call of Child Care Stakeholders with Governor Cuomo

The following is a list of questions submitted to OCFS by selected members of the child care community to get answers prior to the stakeholder call at 2 p.m. on May 19, 2020. Responses provided at the time of the meeting may change based on new information and policies. The COVID-19 emergency is a rapidly evolving situation. OCFS will continue to provide up-to-date guidance as it becomes available. Please check our website regularly. Q. Is there a program or resource for children with special needs? Scenario: Kids with special needs are now at home with their parents, but parents need a little respite and the child needs to have a routine feeling as they are totally out of their child care program routine. Any information or programs we can direct parents/providers to? A. Child care programs, including those that care for children with special needs, are essential services and can continue to function. OCFS does not monitor re-release services. Services may vary depending on the child's age and level of need. OCFS recommends contacting the LDSS, its CCR &R, Early Intervention, or the child's school district who may have information about relevant resources. Q. Have we received any guidance on summer camps? If the camps will not be operational, will providers be granted exemptions to accept more children/extend their space? We do not have any information to share with providers, and they contact us regularly, as parents communicate with them regularly. A. At this time, OCFS does not have any information to share about summer camps. We have been in contact with the New York State Department of Health and will share information as it becomes available. Existing child care programs are encouraged to share information about the vacancies they currently have in response to the weekly survey, which is published on the OCFS website. The information in this survey will be valuable in conversations about ongoing child care needs across the state. Q. What are the insurance requirements for registered child care providers? SacC (414 registered) and DCC (418-1 licensed) programs are required to submit with their initial application a copy of an insurance certificate from an insurance company showing the intent to provide general liability insurance to the program upon license/registration. A copy of the insurance policy issued after the license/registry must be kept in the program file. Home-based services (416 and 417) and SDCC (418-2) do not have relevant requirements for liability insurance under OCFS regulations. Q. Can a local social services district require the use of videoconference instead of the in-person requirement for an administrative review under 18 NYCRR 415.4 (h) (2) (ii) (b) and 18 NYCRR 415.4 (h) (2) ) (ii) (g) during the home stay order? Is a formal exemption required to do so? Division of Child Care Services 52 Washington Street, Rensselaer, NY 12144 ? (518) 474-9454 .ocfs.ny.gov A. These regulations allow the provider to choose whether the provider does not request to be heard in person and does not require an exemption. Any use of an alternative method must be clearly documented. However, in the event that a provider requests the opportunity to present evidence and arguments in person, this application must be addressed. If an LDSS intends to eliminate the option of an in-person review, an exemption should be requested and OCFS will evaluate whether the proposed alternative is acceptable. Q. I'm interested in how unregulated programs fit, such as kindergartens of less than 3 hours or one-way summer programs. Are they currently allowed to operate or are they not essential because technically they are not childcare? Would they reopen with schools, or a different phase of reopening? A. OCFS has no regulatory oversight over day care centers or summer camps that are not registered as legally exempted programs. Q. Will the CARES Scholarship be extended after May 15? Many parents have been able to seize this wonderful opportunity. A. Yes, the CARES Scholarship has been extended until May 31. Q. When might cash advances be submitted for CCRR? We can't distribute cash from our accounts, and providers are starting to get frustrated. A. Many of the advance requests submitted by the CCRR have now been approved and those payments will be received shortly. Q. How do child care providers who work with infants/toddlers care for young children while wearing masks? Babies rely on facial expressions and nonverbal communication. A. Child care providers should wear masks while caring for children, as it is impossible to distance themselves socially from children. However, there are some possible creative options for providers who care for babies. Providers can wear face protectors or masks with transparent panels so babies can see their faces while still being protected. Clear facial protectors can also be helpful for hearing-impaired child care personnel, and rely on lip reading to help with communication. These items would be allowed for the use of CARES funding that has been allocated for open programs. Programs should contact your CCRR if they are interested in face protectors or other supplies. Q. Some of the DOH and CDC guidelines are different from my Health Care Plan guidelines. Do I need a new health care plan? A. At this time, OCFS does not require child care programs to submit a new Health Care Plan. OCFS expects child care programs to follow the guidelines and recommendations of the Center for Disease Control (CDC) and the New York State Department of Health (DOH) regarding ways to protect children's health and safety during the COVID-19 emergency. An example of a discrepancy is how fever is defined. The current exclusion criteria in HCP states: o Temperature above 101 F [38.3 C] orally, or 100 F [37.8 C] or higher taken axillary (armpit) or measured by an equivalent method, AND accompanied by a change in behavior or other signs and symptoms (e.g. sore throat), rash, vomiting, diarrhea, shortness of breath or coughing). However, during the coVID-19 emergency, the New York Department of Health (NYS DOH) recommends that anyone (child or staff) with a fever of 100 F or more be excluded from the program, regardless of how the temperature is taken and the existence of other symptoms 3

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