Changes to the way facilities and individuals providing childcare are licensed, operated and monitored are introduced through a bill that has been placed under public consultation. The proposed framework seeks to address a significant institutional gap by bringing under unified rules nurseries and daycare centres, children’s creative activity centres (KDAP), child carers and child protection and care units. The aim is to clearly define registration and operating conditions, safety standards, staffing requirements and monitoring mechanisms.
For the first time, four different forms of childcare are regulated under the same law: nurseries and/or daycare centres, children’s creative activity centres, child carers and child protection and care units. The bill sets out the procedures for registration, operation and supervision, provides for the maintenance and publication of registers, prohibits operation without registration and defines general obligations for owners and approved persons. It also outlines procedures for the rejection of applications, the cancellation of certificates and hierarchical appeals.
The framework goes beyond general principles. It is accompanied by separate regulations for daycare centres, creative activity centres and child carers, detailing operational requirements in terms of premises, equipment, staffing, health, safety, record keeping and daily care. For example, the regulations for centres and KDAP include specific sections on premises, equipment, safety and maintenance, as well as separate sections covering staff, children’s welfare and record keeping.
Licences and specifications
Significant changes are also introduced in the licensing process. For daycare centres and creative activity centres, every application for registration and operation must be accompanied by an architectural plan showing the dimensions of all spaces, a town planning permit certificate, a building permit, an application for final approval of the building’s use, certificates confirming structural safety, fire safety, sanitary inspection and electrical installation compliance, as well as an elevator inspection report where applicable.
In addition, a written risk assessment for all indoor and outdoor areas is required, along with a written declaration by the applicant confirming that preventive and protective measures identified in the assessment will be implemented.
The documentation package also includes requirements concerning the director and the proposed staff. The regulations require proof of qualifications, copies of identity cards, original medical certificates confirming the absence of infectious or communicable diseases and, where necessary, certificates confirming psychological suitability. In this way, approval of a childcare facility is linked not only to the building but also to the individuals responsible for the children.
The regulations for daycare centres and KDAP also extend to a wide range of operational details, including the transportation of children, outdoor areas, activity rooms, sleeping arrangements, sanitary facilities, kitchens, temperature control, lighting, water supply, toys, cleanliness, first-aid kits and closed-circuit monitoring systems. At the same time, staffing requirements and child-to-staff ratios are defined, along with the qualifications of the director and staff, their duties, training requirements and the possibility of removing a staff member from their duties.
Rules for child carers
Particular emphasis is placed on child carers, meaning childcare provided at the residence of the person responsible for the children. The new regulations establish clear numerical limits. For example, each home babysitter may care for up to three infants under 22 months of age or up to six toddlers over 22 months of age, while specific mixed combinations of infants and toddlers are also provided for. The permitted number also includes the children of the carer.
At the same time, two or more individuals will not be allowed to work as child carers in the same residence in order to increase the number of children beyond the permitted limits.
Requirements also extend to the residence itself. The regulations provide for adequate natural lighting and ventilation, sufficient space, safe furniture and equipment and protective measures where upper floors are used. They also require the presence of two fire extinguishers, one water-based and one carbon dioxide extinguisher, both with annual certification of suitability.
In addition, there must be piped drinking water, the microbiological quality of which must be demonstrated annually through analyses conducted by accredited chemical laboratories.
The regulations for child carers also include provisions regarding outdoor spaces, activity rooms, sleeping arrangements, sanitary facilities, kitchens, furniture, toys, stable temperature levels, cleanliness, safety of the premises, first-aid kits, pets and closed-circuit monitoring systems.