CVDR30424_2Island ordinance containing the establishment of minimum requirements for day care services (Island Ordinance on day care for children)nlregelingSaba2010-10-08SabaA.B. 2010, no. 6Island Ordinance for day care for childrenEilandsbesluit houdende algemene maatregelen inzake het vaststellen van het actuele regelingenbestand van het eilandgebied en toekomstig openbaar lichaam Saba voor zover het haar bevoegdheid betreftEilandsraadmaatschappelijke zorg en welzijn2010-08-26De tekst in dit document is vrij van auteursrecht en
databankrecht2010-10-102026-01-01Bestendiging eilandsregeling in het openbaar lichaamOnbekendQuality Committee for the Laura Linzey Day Care Center (LLDCC)Deze regeling is vastgesteld en in werking getreden vóór 10-10-2010, maar op grond van artikel 7 van de Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba en de Positieve lijst regelgeving Eilandsraad Saba (AB 2010, no. 6) tevens vastgesteld voor het openbaar lichaam Saba en derhalve met ingang van 10-10-2010 in het openbaar lichaam Saba van toepassing.Volgens artikel 29 is deze verordening in werking getreden op de dag nadat zij is vastgesteld, hoewel zij bijna een maand later is bekend gemaakt.Artikel 28 wijzigt de Retributieverordening Saba (A.B. 1987, no. 3).Island ordinance containing the establishment of minimum requirements for day care
services (Island Ordinance on day care for children)Chapter I General stipulationsArticle 1The following is understood in this island Ordinance and the resulting
stipulations:
day care for children: care, education and guidance in an organized
setting and against payment, of at least five children ranging from
the age of four weeks until the moment they can enter the School of
Foundation Based Education;
day care center: the location in which the day care will be
offered;
management: the person or persons charged with the day to day
operations;
license: a natural or legal entity in possession of a licensee as
meant in article 4;
care giver: a person working in the day care center charged with
independently caring for, educating and guiding children;
Quality Committee: the quality committee for day care for children,
mentioned in article 2, first paragraph;
Article 2
The Executive Council installed a Quality Committee for day care for
children, which is charged with the execution and the supervision of
the adherence to this ordinance and the stipulations based
thereon.
In an island resolution entailing general measures, detailed
regulations will be worked out with regard to the working activities
for the Quality Committee.
Chapter II LicenseArticle 3It is forbidden to offer day care for children without the necessary
license.Article 4
The request for a license is submitted in writing to the Executive
Council.
If applicable, the request will also ask for exemption of offering
childcare from 19:00 hours to 06:00 hours.
The petitioner must pay stamp duty, as established by virtue of an
island ordinance, for the processing of the request and which
payment must be made with the submission of the request.
Article 5
The request for a license must obtain all the information necessary
for evaluation and must include, in any case:
if the petitioner is a natural person: the name, address and
date of birth;
if the petitioner is a corporate entity: the names addresses
and dates of birth of all board members and a copy of the
articles of incorporation;
names and addresses and birth dates of the management;
proof of registration, and in as far as is applicable, a
copy of the residence permit of the petitioner, the
management and caregivers;
investigation into the conduct no older than two months of
the petitioner and the management;
proof of professional competence of the board of directors,
as established in an island resolution containing general
measures;
the amount of children for which day care for children is
offered per day or part of a day;
the amount of care givers who will be working per day;
the opening and closing time of the day care center;
a copy of liability, accident and fire insurance’s;
the activities program;
a draft placement agreement;
house rules;
the emergency-evacuation plan;
address or intended location of the day care center;
a blue print scale 1:500 with a description of the location
and the lay-out of the intended day care center;
the method of water provision to and the removal of sewage
water from the day care center;
proof of payment of stamp duties.
If the request does not contain the information given in the former
section, the petitioner will be given a period of two weeks in order
to remedy the situation.
if the time period given in the former section passes unused, then
the petitioner will be informed in writing that the request can not
be processed.
Article 6
The Executive council will request the advice of the Quality
Committee within one week after having received a petition.
The Quality Committee will start an investigation to see if the
intended day care for children will be able to process in accordance
with or by virtue of the stipulations given in this ordinance.
When conducting the investigation special attention will be given in
to the findings of the Fire Department and the Inspection Section of
the Department of Environmental Development and Property management
regarding the safety aspects and the technical construction aspects
of a day care center.
The petitioner provides the information requested by the Quality
Committee.
Article 7
The Quality Committee will make up its advice based on the
investigation reports.
The Quality Committee will give its motivated advice to the
Executive Council within four weeks after receiving a completed
request.
The period of time mentioned in the former section may be extended
once, only with a maximum of four weeks.
Article 81.The Executive Council decides on the request within four weeks after
receipt of the advice of the Quality Committee.2. If the decision taken by the Executive Council differs from the advice
given by the Quality Committee, the reasons therefore will be given and
motivated in the decision.Article 9
The Executive Council may reject a request in a motivated decision
if:
the investigation into the conduct of the person or the
management gives reasons therefore;
If the management does not meet the established criteria of
professional competence.
The activities program does not give sufficient guarantees
for the development of the children.
If the petitioner is not willing to provide the requested
information.
If there is a well-founded fear that the intended day care
for children will not be able to perform in accordance with
the obligations established in or by virtue of this
ordinance.
Article 10
Conditions, restrictions, or an exemption may be attached to a
license.
A license is given for a period of 5 years.
A license is not transferable.
In any case, a license will mention the following;
the name and address of the licensee, if the latter is a
corporate entity, also the names and addresses of the board
members;
name and addresses of the management;
the address of the day care center;
the maximum amount of children for whom day care services
are offered;
if an exemption as mentioned in article 5, second section,
was granted.
Article 11
The Executive Council may receive a license upon request.
The request for a revision of a license will be submitted in writing
to the Executive Council and will mention the reason for the
revision and the result thereof for the day care children.
Article 12
The Executive Council may retract a license, if after one year after
its issuance, it is not being used.
The Executive Council, having heard the Quality Committee, may
officially change or retract a license if, at the time of the
request, incorrect or incomplete information was given, or if action
undertaken which are contrary to the obligations, stipulated in or
by virtue of this ordinance.
The licensee will be informed in writing if his license is
officially changed or retracted.
The license will not be officially changed or retracted before the
licensee has had an opportunity to be heard.
Chapter III General conditionsArticle 13
The management and the caregivers must comply with the professional
competence mentioned in an island resolution, containing general
measures.
Day care for children will be given in accordance with an
educationally responsible activities program, which stimulates the
children in all areas.
Day care for children will be provided for a maximum of one hundred
children per day care center.
Except in cases where exemption is granted by the Executive Council
meant in article 4, second paragraph, a day care center will open no
earlier than 06:00 hours and will close no later than 19:00
hours.
A child may not spend more than twelve hours in a day care
center.
Article 14
The license will be hung in a place in the day care center where it
is visible for everyone.
A licensee informs parents/guardians beforehand concerning intended
changes in the operation of the day care center or in the manner of
taking care.
The management informs parents/guardians in writing, who wish to
place a child in a day care center regarding:
the placement agreement;
the activities program;
the house rules;
the meals and snack given to the children;
the manners in which complains and participation are dealt
with and how contact will be maintained with the
parents/care takers;
the procedure in emergency cases
With the stipulations in the first paragraph remaining valid, the
management will provide the parents/guardians all requested
information regarding paragraph 3.
Article 15
The management will contact the institution appointed by the
Executive Council by island resolution containing general measures,
if, during the day care the suspicion is raised that:
a child is being abused;
a child or member of personnel is suffering from a
contagious disease.
The management will seek advice from the mentioned institution on
care for:
a child with a handicap, or suspicion of a handicap;
a non-vaccinated child.
Article 16In a island resolution containing general measures, rules and regulations
will be given with regard to the furnishing of a day care center, hygiene
and feeding of the children and the composition of an activity program.Article 17
The licensee will establish an emergency evaluation plan in
accordance with the model emergency evacuation plan provided by the
Executive Council.
The management will see to it that an emergency evacuation drill
takes place regularly, in any case, at least once a year.
During the day care hours, the day care center must be available by
phone at all times.
The telephone numbers of the emergency services must be posted
clearly by each phone in a day care center.
Chapter IV SupervisionArticle 18
While article 2 remains in effect, other civil servants may be
appointed by the Executive Council to be in charge of the
supervision on the adherence to this ordinance and the stipulations
resulting from it.
The supervisor while executing his task, will wear an identification
badge issued by the Executive Council and will show immediately upon
request.
Article 19
The supervisor is authorized:
to enter a day care center, if necessary with the strong arm
of the Law, and to take with him the necessary
appliances;
when entering the premises, to be accompanied by persons
appointed thereto by him;
to search the day care center and the products used for care
giving, to take away said products and to take samples of
them;
to give guidelines to a licensee;
to order to see the books of the center, corporate documents
and other data and to make copies of such or take them with
him for a short period of time, against proof of
receipt.
If a day care center is established partly or completely in a home,
then title X of the Third Book of Panel Code [beoeld zalzijn: Penal
Code] is applicable respectively, excluding article 155. Fourth
paragraph, article 156, second paragraph, article 157, second and
third paragraph, article 158, first paragraph, last phrase, and
article 160, first paragraph. This refers to entering a home without
express approval of the inhabitant, with the understanding that he
authorization is issued by the Lieutenant Governor.
Article 20
Everyone is obliged to give the supervisor full co-operation, when
such is requested, on the grounds of article 19.
When performing his task, the supervisor will pay special attention
to the appearance and behavior of the children.
Chapter V SanctionsArticle 21
The Executive Council can act at the expense of the Licensee,
against actions, or holdings or omission of action by the licensee,
which is contrary to the obligations according to or by virtue of
this ordinance.
The intention to act as mentioned in the first paragraph, will be
informed to the licensee in writing with mention of the rules and
regulations which have been, or are being infringed upon, and a
reasonable period of time in which the licensee can avoid the
execution of the acts by the administration.
Article 22
In emergency situations, and for a maximum of two weeks, the
Executive Council may order the closure of a day care center.
At the time of closure, the Licensee will be informed in writing of
the reason for said closure and the duration thereof.
Article 23
At the closure of a day care center, the Executive Council will ask
the advice of the Quality Committee with regard to the retraction of
or changes to a license on the grounds mentioned in article 13,
paragraph 2.
The Quality Committee will send its duly motivated advice to the
Executive Council at latest a week after the request thereof was
received by said committee.
Article 24
Infringement of article 21, first paragraph, is punishable by
incarceration of at most one month or a monetary fine of at most one
thousand guilders.
The purposeful hindrance of the supervisor in performing his tasks
is punishable by incarceration of at most one month or a money fine
of at most one thousand guilders.
Infringement of articles 4 and 14, fourth paragraph, is punishable
by incarceration of at most one month or a monetary fine of at most
five thousand guilders and the publication of the legal
judgment.
The punishable acts mentioned in this article are misdemeanors.
Chapter VI Legal ProtectionArticle 25
Within six weeks of the sending or the issuance of a decision taken
on the basis of this ordinance, the person concerned can object to
it by the Executive Council.
The Executive Council then takes a motivated decision at latest ten
weeks after receipt of the objections.
The person concerned will be informed in writing of the decision on
the objections.
Chapter VII Transitional and final stipulationsArticle 26
For a period of two years after this ordinance goes into effect, the
prohibition mentioned in article 4 will not be valid for those
persons who already offer day care for children at the time this
ordinance goes into effect.
Those who are not obligated to have a license on the grounds of
article 4, will register with the Executive Council within a month
after this ordinance goes into effect and will be put on a list
which will be maintained by or on behalf of the Executive
Council.
An island resolution containing general measures will contain
further rules and regulations with regard to the manner of
registration.
Article 27
During the period mentioned in article 26, first paragraph, the
articles 19, 20 and 21 are applicable respectively with the
understanding that in place of the “licensee” is read “reported
entity”.
The Committee will set up a plan of action, together with the
reported entity.
The following will established in the plan of action:
the need for training and re-schooling;
the necessary adaptations of a day care center, listed
according to urgency;
the necessary changes in the operation of a day care
center;
the time-frame in which the reported entity can fulfill the
obligations mentioned in this ordinance and the resulting
stipulations.
Article 28The Retributieverordening Saba (Ab. 1987 No. 3) will be amended as
follows:The fee for processing of a request for a license for offering day care for
children amounts to Nafl. 500,-Article 29This ordinance goes into effect on the day after its promulgation.Article 30This ordinance will be known as the island Ordinance for day care for
children.