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DHS COVID-19 PROVIDER GUIDANCE // OCDEL

Announcement C-21-06: Ending of Child Care Certification Regulations Suspensions Under the State Disaster Emergency Declaration 

Issued: August 24, 2021; Obsolete: September 30, 2021

Audience

Certified Child Care Facilities; Early Learning Resource Centers; Office of Child Development and Early Learning Staff

Purpose

To provide updated information to certified child care providers who are impacted by announcements and guidance issued as a result of Governor Tom Wolf’s Proclamation of Disaster Emergency and communicate the end of the child care regulations suspension

Background

Per Act 21 of 2021, the suspension of various regulatory provisions under the state disaster emergency declaration will expire on Sept. 30, 2021. A list of the regulations that were suspended in whole or in part and their current status is available on the DHS website. Please continue to watch this page for additional updates as we get closer to Sept. 30, 2021. 

In addition to these regulations, some regulations have been reinstated prior to Sept.30, 2021. Those regulations are also designated in the list on the DHS website

Please note the Sept. 30, 2021, expiration date only affects state regulations that were suspended under the state disaster emergency declaration. Federal flexibilities provided under the federal public health emergency will remain in place as long as the federal public health emergency remains in effect. On July 19, 2021, the U.S. Department of Health and Human Services (HHS) extended the federal public health emergency to Oct. 17, 2021, (90 days). Please visit www.phe.gov/emergency regularly for updates on the federal public health emergency. Additionally, in a letter to state governors dated Jan. 22, 2021, the HHS Secretary indicated that HHS will provide states with 60-days’ notice before terminating the federal declaration.

Discussion

This announcement serves as the notification that Announcement C-20-04 Revised Suspension of Regulatory Requirements for Certified Child Care Facilities During theCOVID-19 Pandemic has been updated with a sunset date (end date) of Sept. 30, 2021. 

OCDEL also issued Frequently Asked Questions: Guidance for Tuberculin Skin Testing(TST) and COVID-19 Vaccinations on June 24, 2021, which will also end Sept. 30, 2021. 

To assist child care providers with the transition of the reinstatement of the regulatory requirements, OCDEL has provided a Regulation Suspension End Dates: OCDEL Guidance Chart (See Appendix A). The chart outlines the legal citations, regulatory language that was suspended, and when child care certification staff will begin measuring compliance for the regulations that were suspended, as some of the compliance dates will vary.

As a reminder, Announcement C-21-05 Obsolete Certification Announcements for Child Care providers was issued on July 12, 2021, identifying the following announcements will end Sept. 30, 2021: 

  • C-20-02: Operational Recommendations for Early Childhood Providers Due to Coronavirus (COVID-19) 
  • C-20-03: Reporting Early Learning Programs Closings Due to Coronavirus (COVID-19) 
  • C-20-07: Fire Safety Training for Child Care Centers may be obtained online during the COVID-19 Pandemic 
  • C-20-09: Emergency Temporary Relocation of Facility due to the Governor Issuing a Declaration of Disaster – Specific to Novel Coronavirus (COVID-19) 
  • C-20-13: Reopening of Certified Child Care Facilities Temporarily or Permanently Closed Due to COVID-19

The following announcement will end as of August 31, 2021:

Next Steps 

  1. Child care programs:
    • Read this Announcement and share the revisions and updates with appropriate staff. 
    • Direct all questions and comments to your Regional Office

Additional Materials