Section 3280.2. Purpose

Latest version.

The purpose of this chapter is to provide standards to aid in protecting the health, safety and rights of children and to reduce risks to children in group child day care homes. This chapter identifies the minimum level of compliance necessary to obtain the Department’s certificate of compliance.

Notation

Notes of Decisions

Protection of Children Paramount

To sacrifice the safeguards provided by these regulations solely on the basis of the Department of Public Welfare’s procedural error in delaying to schedule a hearing on the day care provider’s appeal would serve only to penalize the children. Dismissal on procedural grounds, where judicial review establishes that the provider suffered no prejudice and that the finding of gross incompetence, negligence and misconduct was, in fact, supported by substantial evidence, would visit an injustice upon the very party these regulations were intended to protect. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).

Cross References

This section cited in 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).

                    
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