Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024

S.I. No. 494/2024 - Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of st October, 2024. ARRANGEMENT OF REGULATIONS Part 1 Preliminary and General 1. Title and commencement 2. Interpretation 3. Prescribed early years service 4. Fees Part 2 Registration and Register 5. Registration of childminding service 6. Register 7. Certificate of registration 8. Application to vary terms of registration Part 3 The Childminder 9. Training 10. Assessment of suitability Part 4 The Childminding Service 11. Health, safety, welfare and development of child 12. Maximum numbers of children 14. Supervision 15. Emergency cover 16. The Childminding Service Handbook 17. Food and drink 18. Insurance Part 5 Information and Records 19. Record of the child 20. Record in relation to the childminding service 21. Partnership with parents Part 6 Notification and Complaints 22. Notification of incidents 23. Complaints Part 7 Inspection and Enforcement 24. Furnishing of information to Agency 25. Inspection 26. Enforcement and execution SCHEDULE 1 Application form for registration of childminding service SCHEDULE 2 Application form and declaration for renewal of registration of a childminding service SCHEDULE 3 Application to vary terms of registration SCHEDULE 4 Declaration of suitability SCHEDULE 5 Fire safety declaration I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in the exercise of the powers conferred on me by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013) and amended by section 5 of the Child Care (Amendment) Act 2024 (No. 19 of 2024)) of the Child Care Act 1991 (No.17 of 1991), after consultation with the Minister for Education and the Minister for Housing, Local Government and Heritage, hereby make the following Regulations: Part 1 Preliminary and General Title and commencement 1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024. (2) These Regulations (other than Regulation 5(5)(a)(ii) and Regulation 5(6)(a)(ii)) shall come into operation on 30 September 2024. (3) Regulation 5(5)(a)(ii) and Regulation 5(6)(a)(ii) shall come into operation on 1 February 2025. 2. In these Regulations— “Act” means the Child Care Act 1991 (No. 17 of 1991); “Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47 of 2012); “Certificate of Registration” means a certificate issued by the Agency to a childminder setting out the details of the childminding service registration; “childminder” means a registered provider of a childminding service; “registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 “Renewal of Registration” means the application process applying to a childminder who has reached the end of their registration period and wishes to remain on the register as set out in section 58D(10) of the Act. Prescribed early years service 3. A childminding service shall be a prescribed early years service for the purposes of Part VIIA of the Act. 4. (1) Subject to this Regulation, the fee of €40 is prescribed for the purposes of section 58D(3) as the fee to accompany an application under section 58D(2) (the “application fee”) in respect of a childminding service. (2) An amount equal to the application fee payable in respect of a childminding service is prescribed, subject to paragraph (3), for the purposes of section 58B(2)(d) as the fee payable annually by the childminding service towards the maintenance of the register including the cost of inspections under Part VIIA (the “annual fee”). (3) No annual fee shall be payable by a childminder in the year in which the childminder makes an application for registration in respect of the childminding service. (4) The Agency shall, on an annual basis, notify the childminder of the annual fee to be paid to it in respect of the childminding service and such fee shall be payable on or before 30 June of the year concerned. Part 2 Registration and Register Registration of childminding service 5. (1) A person who proposes to provide or operates a childminding service must be aged 18 years or over. (2) The form set out in Schedule 1 is prescribed for the purposes of section 58D(3) for childminding services other than for childminders seeking to apply for renewal of registration. (3) The form set out in Schedule 2 is prescribed for the purposes of section 58D(3) for childminders to apply for renewal of registration. Such childminders must have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfil the requirements of the registration process as set out in Schedule 1. (4) A person who proposes to provide a childminding service shall make an application under section 58D(2) in respect of the childminding service at least 3 months before the person proposes to provide a registered childminding service. (5) A person making an application under section 58D(2) in accordance with paragraph (2) shall submit with the form set out in Schedule 1— (a) a copy of the vetting disclosure received from the National Vetting Bureau of An Garda Síochána in accordance with the Act of 2012 in respect of: (i) the person who proposes to provide the childminding service, (iii) any person who is proposed to provide emergency cover as set out in Regulation 15, (b) in so far as is practicable, where a person specified in clause (i), (ii), or (iii) of paragraph (a) has lived in a state other than the State for a period of longer than 6 consecutive months, vetting information in respect of the person obtained from the police authorities in that state, (c) 2 references in writing in respect of the person who proposes to provide the childminding service, including one from their most recent employer, if any, or from a parent of a child who currently attends or previously attended their childminding service, if any, or from another appropriate person, (d) a completed declaration of suitability, as set out at Schedule 4, (e) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the childminding service, (f) a completed fire safety declaration, as set out in Schedule 5, and (g) evidence of training as prescribed in Regulation 9(1). (6) A person making an application under section 58D(2) in accordance with paragraph (3) shall enclose with the form set out in Schedule 2: (a) a copy of the vetting disclosure received from the National Vetting Bureau of An Garda Síochána in accordance with the Act of 2012 in respect of: (i) the childminder, (iii) any person who is proposed to provide emergency cover as set out in Regulation 15, (b) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the childminding service, and (c) a completed declaration of suitability, as set out in Schedule 4. (7) Where an application is made pursuant to section 58D by the childminder or by a person who proposes to provide a childminding service (“the applicant”), the Agency, prior to deciding whether to register the applicant concerned pursuant to subsection (5) of that section: (a) shall assess the information provided by the applicant, (b) may assess any information previously provided by the applicant in relation to the childminding service or any information or documents held by the Agency in relation to the childminding service including information or documents obtained during inspection, (c) may assess any information held by the Agency in relation to the applicant, (e) shall assess the suitability of the applicant. 6. (1) The register shall be available for inspection by members of the public by means of the internet. (2) The following details, in addition to those specified in section 58C(2), are prescribed for the purposes of that section as to be contained in the register: (a) the name, if any, of the childminding service; (b) the date from which the registration of the childminding service takes effect (if different from the date of registration); (c) any condition attached to registration; (d) the age range of the children cared for by the childminder. Certificate of registration 7. (1) A childminder shall be furnished with a certificate of registration for the childminding service by the Agency. (2) The Agency shall ensure that a certificate of registration is issued to the childminder as soon as is practicable following any change to the details of registration on the register including: (a) following registration or renewal of registration of the childminding service, (b) following completion of a change in circumstance as prescribed in Regulation 8, (c) following attachment or removal of one or more conditions of registration under sections 58D(5) and (8) of the Act, or (d) where the Agency has become aware that any particular entered in the register is incorrect in line with 58D(7). (3) A certificate of registration shall include all details in relation to the childminding service as contained in the register. (5) A childminder shall ensure that the original of the most recent certificate of registration is available for inspection by parents or by the Agency. (6) A childminder shall not alter or amend the particulars detailed on the certificate of registration. Application to vary terms of registration 8. (1) A childminder shall make an application to the Agency in writing of any proposed changes to the information of the childminding service that are contained in the register, at least 60 days before it is proposed that the change would take effect. (2) A childminder shall make an application to the Agency in writing for any new person proposing to provide emergency cover relating to Regulation 15 at least 30 days before it is proposed that the change would take effect. (3) A childminder shall not implement any changes applied for under paragraphs (1) or (2) without approval from the Agency. (4) The form set out in Schedule 3 is prescribed for the purposes of an application under paragraphs (1) or (2). (5) Where an emergency cover person ceases to provide emergency cover, the childminder shall, not later than 28 days after the cessation of the emergency cover, give notice in writing to the Agency of the cessation. (6) A childminder who ceases to carry on the childminding service shall, not later than 28 days after the cessation of the childminding service, give notice in writing to the Agency of the cessation. Part 3 The Childminder 9. (1) A person who proposes to provide a childminding service must: (a) complete childminder-specific pre-registration training as deemed appropriate by the Minister, (b) have training in first aid as deemed appropriate by the Minister, and (c) complete child safeguarding training as deemed appropriate by the Minister. (2) A childminder must complete a Quality Development Programme as deemed appropriate by the Minister, within the timeframe specified by the Minister. Assessment of suitability 10. (1) A childminder or a person who proposes to provide a childminding service, must provide a completed declaration of suitability, as set out in Schedule 4, when making an application under section 58D(2). (2) In determining the suitability of a childminder or a person who proposes to provide a childminding service, the Agency: (a) shall assess the information provided under paragraph (1) by the person applying, (b) shall assess all information provided under Regulation 5, (c) may engage with, and if necessary interview, the person applying in order to further assess suitability, (d) may assess any information previously provided in relation to the childminding service or any information or documents held by the Agency in relation to the childminding service including information or documents obtained during inspection, and (e) may assess any information held by the Agency in relation to the applicant. Part 4 The Childminding Service Health, safety, welfare and development of child 11. (1) A childminder shall ensure that all reasonable measures are taken to safeguard the health, safety and welfare of children attending the childminding service and that the environment of the childminding service is safe. (3) A childminder shall operate in line with all the written policies, procedures, statements and documents set out in the Childminding Service Handbook under Regulation 16. Maximum numbers of children 12. (1) Subject to paragraph (2), a childminder shall ensure that: (a) there are no more than 6 children in the care of the childminder at any given time, and (b) subject to paragraph (3), there are no more than 2 children under the age of 15 months in the care of the childminder at any given time. (3) Notwithstanding paragraph (1)(b), subject to the approval of the Agency, there may be more than 2 children under the age of 15 months in the care of the childminder at any given time where all such children are siblings of each other. (4) Notwithstanding paragraph (1), a childminder’s own children will be considered by the Agency when setting maximum numbers when: (b) they are under the age of 10 years. (a) safe and secure, (b) kept adequately lit, heated and ventilated, (c) cleaned, maintained and repaired, as required, (d) equipped with adequate and suitable sanitary facilities for the maximum number of children at any given time, and (e) appropriate for the purpose of carrying on a childminding service. (2) A childminder shall ensure that children attending the childminding service have access to age appropriate toys and materials to facilitate play and development. (4) A childminder shall ensure that children attending the childminding service rest and sleep in a place that is safe and suitable. (5) A childminder shall ensure that a suitably equipped first aid box for children is available for use for the children attending the childminding service at all times. 14. (1) A childminder shall have the sole responsibility for the supervision of children attending the childminding service which may or may not include supervision by sight as appropriate. Emergency cover 15. (1) To assist the childminder in the event of an emergency, a childminder shall ensure that one or more persons, aged 18 years or over, familiar with the operation of the childminding service are, at all times, within close distance of the childminding service and available to attend the childminding service. (2) A childminder must submit to the Agency a vetting disclosure, as set out in Regulation 5, for any person proposed to provide emergency cover under paragraph (1). The Childminding Service Handbook 16. (1) A childminder shall ensure that the written policies, procedures, statements and documents, as deemed appropriate by the Minister, are in place for the childminding service in the Childminding Service Handbook. (2) A childminder shall ensure that the contents of the Childminding Service Handbook are reviewed as required. Food and drink 17. A childminder shall ensure that adequate and suitable food and drink, which is nutritious and varied, is available for each child attending the childminding service. 18. A childminder shall ensure that the childminding service is adequately insured. Part 5 Information and Records Record of the child 19. (1) A childminder shall ensure that a record in writing is kept in respect of each child attending the childminding service containing the following particulars: (a) the name and date of birth of the child; (b) the date on which the child first attended the childminding service; (c) the date on which the child ceased to attend the childminding service; (d) the name and address of a parent or guardian of the child and a telephone number where that parent or guardian or a relative or friend of the child can be contacted during the hours of operation of the childminding service; (e) authorisation for the collection of the child; (f) details of any illness, disability, allergy or special need of the child, together with all the information relevant to the provision of special care or attention; (g) the name and telephone number of the child’s registered medical practitioner; (h) written parental consent for appropriate medical treatment of the child in the event of an emergency. (a) a parent or guardian of the child but only in respect of the record relating to that child, (b) any person providing emergency cover under Regulation 15, and (c) an authorised person. (3) A childminder shall ensure that a record in writing referred to in paragraph (1) is retained for a period of 3 years from the date on which the child to whom it relates ceases to attend the childminding service. (4) The requirement in paragraph (3) is without prejudice to any requirement to retain the record in writing referred to in paragraph (1) under any other enactment or rule of law. Record in relation to the childminding service 20. (1) A childminder shall ensure that a record in writing is kept of the following information in relation to the childminding service: (a) the age range of children for which the childminding service is registered; (b) the typical opening hours and fees; (c) the Childminding Service Handbook in accordance with Regulation 16; (d) details of attendance by each child on a daily basis; (e) details of any medication administered to a child attending the childminding service with signed parental consent; (f) details of any accident, injury or incident involving a child attending the childminding service. (2) A childminder shall ensure that a record referred to in subparagraph ( ), ( ), or ( ) of paragraph (1) is retained for a period of 3 years from the date on which the child to whom it relates ceases to attend the childminding service. (a) a parent or guardian of a child but only in respect of the record relating to that child, (b) any person providing emergency cover under Regulation 15, and (c) an authorised person. (4) The requirements in paragraph (2) are without prejudice to any requirement to retain the record in writing referred to in paragraph (1) under any other enactment or rule of law. Partnership with parents 21. (1) A childminder shall ensure that a parent or guardian of a child attending the childminding service or proposing to attend the childminding service is provided with a copy of the Childminding Service Handbook. (2) A childminder shall ensure that a contract signed by a parent or guardian and the childminder is in place for all children attending the childminding service. Part 6 Notification and Complaints Notification of incidents 22. A childminder shall notify the Agency within 3 working days of becoming aware of any of the following incidents occurring in the childminding service: (a) the death of a child while attending the childminding service, including the death of a child in hospital following transfer of the child to hospital from the childminding service; (b) the diagnosis of a child attending the childminding service, the childminder or a member of the childminder’s household as suffering from an infectious disease within the meaning of the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) as amended; (c) an incident that occurs in the childminding service which results in unplanned closure of the childminding service for any length of time; (d) a serious injury to a child while attending the childminding service that requires immediate medical treatment by a registered medical practitioner whether in a hospital or otherwise; (e) an incident in respect of which a child attending the childminding service goes missing from the childminding service while attending the childminding service; (f) an allegation of harm against a child is made against the childminder or a member of the childminder’s household or a person providing emergency cover. 23. (1) A childminder shall ensure that complaints are dealt with and recorded in accordance with the complaints policy of the childminding service. (2) A record in writing of all complaints shall: (a) include the nature of the complaint and the manner in which the complaint was dealt with, and (3) A childminder shall ensure that a record in writing of a complaint is retained for a period of 3 years from the date on which the complaint has been dealt with. (4) The requirement in paragraph (3) is without prejudice to any requirement to retain the record in writing under any other enactment or rule of law. Part 7 Inspection and Enforcement Furnishing of information to Agency 24. A childminder shall furnish the Agency with such information as the Agency may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form, if any, as may be specified by the Agency. (2) The Agency shall, following an inspection by an authorised person of a childminding service, furnish a report in writing of the outcome of the inspection to the childminder. (3) Subject to paragraph (2), the Agency shall take such steps as are necessary to enforce these Regulations in relation to the childminding service concerned. Enforcement and execution 26. These Regulations shall be enforced and executed by the Agency. Regulation 5 SCHEDULE 1 Application form for registration of a childminding service Part VIIA of the Child Care Act 1991 Information/items to be submitted with application form • Two references in respect of the person who proposes to provide the childminding service. • Proof of identity of the person who proposes to provide the childminding service (copy of passport, driving licence or public services card are the only acceptable documents). • Copy of the Certificate of Insurance or written confirmation of insurance cover. • Evidence of qualifications or training as prescribed in Regulation 9: • Pre-registration training • First aid training • Evidence of completion of the Children First E-Learning Programme • Declaration of suitability as set out in Schedule 4. • Fire safety declaration as set out in Schedule 5. • Application fee due. Please note that only fully completed application forms will be accepted. All information must be accurate and comprehensive 1. Details of the Childminder and Service (a) Details of the childminder Full name: Name of the childminding service, if any: Address (including Eircode) of proposed childminding service: Date of birth: Telephone number: (b) When do you propose to commence the childminding service? (c) What is the age range of the children to be cared for within the childminding service? (please tick all that apply) 0-15 months 15 months to primary school age Primary school age Post Primary School age What is the maximum number of children proposed to be cared for by the childminding service? Please provide details of the proposed typical operational days/hours of the childminding service: Start time Finish time Do not operate Flexible Hours Available Bank Holiday 2. Details of the person(s) to provide emergency cover Full name: Address (including Eircode): Telephone number: Relevant vetting disclosure attached: Please select: Yes/No 3. (a) Is the address of the childminding service (noted above) your principal primary residence? Please select: Yes/No Please select: Yes/No If yes, please give details. Full name: Date of birth: Relationship to the childminder: Relevant vetting disclosure attached: Please select: Yes/No Please select: Yes/No If yes, please state the number of children and their ages: Please select: Yes/No If yes, please state the number of children and their ages: Please select: Yes/No If no, please state when it will be ready for a pre-registration visit: (g) Please list all of the rooms available to the children attending the childminding service, together with their function. (h) Will children attending your childminding service have access to a safe space for outdoor play on a daily basis? Please select: Yes/No If yes, please provide details; 4. I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a childminding service. I agree to notify the Child and Family Agency of any changes to the information on this form. I declare that I have attached all documentation required to progress my application as set out in this form, including the relevant application fee. I declare that I have read and understand all the minimum core policy requirements and statements I have made which are required for registration as set out in Regulation 16. I will ensure that they are adhered to within my childminding service. I will have the Childminding Service Handbook available for the pre-registration assessment. I declare that all the information I have given on the application form is true to the best of my knowledge and belief. Regulation 5 SCHEDULE 2 Application form and declaration for renewal of registration of a childminding service Part VIIA of the Child Care Act 1991 This form is for use by a registered childminder who wishes to renew the registration of a childminding service. This form cannot be used by applicants making a first-time application for registration. Information to be submitted with application form: • Copy of the Certificate of Insurance or written confirmation of insurance cover. • Updated evidence of qualifications or training, if required. • Declaration of suitability as set out in Schedule 4. • Application fee due. General Details: Registered Childminder Name: Childminding Service Name (if any): Registration Number: Standard Declaration: I declare that I am a childminder entered on the register of early years services as provided for in Section 58C of the Act. I declare that I have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfil the requirements of the registration process as set out in Schedule 1. I declare that (please tick (a) or (b) or (c)): □ (a) I have made no material alterations to my childminding service which would require a change in the details contained in the register since last registration or last renewal of registration and that the details relating to my childminding service as contained in the register are correct, or □ (b) all changes made to my registered childminding service since last registration or last renewal of registration have been notified to Tusla in accordance with Regulation 8 along with relevant supporting documentation and that such changes have been duly approved by Tusla. □ (c) I have not yet advised Tusla of changes made to my registered childminding service since registration. I acknowledge that Tusla may carry out any and all checks required in order to verify the information provided in this application form when assessing my suitability to renew registration of my childminding service. I acknowledge that Tusla may also assess any information previously provided by me in relation to the childminding service or any information or documents held by the Agency in relation to the childminding service including information or documents obtained during inspection. I declare that all of the information that I have provided to Tusla in respect of my application is true and correct to the best of my knowledge and belief. The name below is that of the childminder. Regulation 8 SCHEDULE 3 Application to vary terms of registration Name of Childminder / Childminding Service: Reference number: Address of Childminder / Childminding Service: Please tick (✓) column(s) in respect of which you are applying to vary terms of registration Please complete the following: Summary of reason for application to vary terms of registration Change of childminder name: Change of childminder address: Change of name of the childminding service, if applicable: Application for additional person or persons to provide Emergency Cover Change of maximum number of children that can be accommodated Regulation 10 SCHEDULE 4 Assessment of suitability Declaration of suitability I declare that I am the applicant and seek to be entered onto the register of early years services (childminding services) as provided for in Section 58C of the Act. I declare that the information supplied is true and materially correct. I declare that I am aged 18 years or older. Have you ever been subject to a disciplinary action taken by an employer or an organisation? If yes, please provide a summary of what occurred, and the disciplinary action taken. What occurred? What disciplinary action was taken? Professional & Social Care Service Regulation (i) Have you ever been a member of any regulated profession in Ireland or another jurisdiction? If yes, please provide the details of your registration or licencing. (ii) Have you ever owned or managed a regulated social care setting in Ireland or another jurisdiction? If yes, please state the type of service and the registration details (iii) If you answered yes to either (i) or (ii) above, have you been the subject of any concerns in relation to: • adherence to the required regulations / standards, or • codes of conduct by a regulatory body in Ireland or in another jurisdiction? If yes, please provide a summary of the circumstances Health & Wellbeing Are you currently diagnosed or affected with any physical or mental condition or disability that could impact on your ability to provide ongoing care to children? If yes, please provide details Welfare Service Engagement Have you ever been or are you currently the subject of a concern (e.g. referral to Child or Adult protection services) in Ireland or another jurisdiction in respect of a child or vulnerable adult? If yes, please provide details I declare that I will co-operate with and assist in the assessment of the information provided in this declaration if required. I declare that I will inform the Child and Family Agency of any changes in respect of this declaration. Regulation 5 SCHEDULE 5 Fire safety declaration Please complete section A or section B Section A – Complete for Dwelling Houses (incl. dwellings other than apartments/flats) 1. Are smoke detectors provided to escape routes (hallways / upper floor landings)? Yes □No □ 2. Are escape routes (e.g. hallways / upper floor landings) kept clear and immediately available? Yes □No □ 3. Is a fire blanket and fire extinguisher provided to kitchen cooking facilities? Yes □No □ Section B – Complete for Apartments / Flats 1. Are smoke / heat detectors provided to all escape routes (hallways / landings), the kitchen, and any living rooms, utility rooms or bedrooms that are used in the childminding service? Yes □No □ 2. Are escape routes (e.g. hallways, landings) within the apartment / flat kept clear and immediately available? Yes □No □ 3. Is a fire blanket and fire extinguisher provided to kitchen cooking facilities? Yes □No □ GIVEN under my Official Seal, 27 September, 2024. RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth. EXPLANATORY NOTE This note is not part of the Instrument and does not purport to be a legal interpretation. These Regulations set out the various requirements to be complied with by a person operating a childminding service, for the purpose of securing the health, safety and welfare and promoting the development of children. 1 Smoke / heat detectors must be either mains-powered with battery back-up or 10-year self contained battery-operated detectors.