Child Care institutions in Norway
Act no. 19 of 5 May 1995 on Day Care Institutions with
Regulations
(Day Care Institutions Act)
Contents
Section 1 Purpose
Day care institutions shall provide children of
under school age with good opportunities for development and
activity in close understanding and collaboration with the
children's homes.
Day care institutions shall assist in giving the
children an upbringing that accords with Christian values.
Owners of private day care institutions may
prescribe in the by-laws that the second paragraph shall not
apply.
Private day care institutions and day care
institutions owned or run by parishes of the Norwegian State Church
may incorporate in their by-laws special provisions in regard to
ideological aims.
Section 2 Content of day care institutions
Day care institutions shall be
educationally-oriented.
The Ministry shall lay down a framework plan for
day care institutions. The framework plan shall provide guidelines
for day care institutions' content and tasks.
The owner of a day care institution may adapt
the framework plan to local conditions. The coordinating committee
for each day care institution shall establish an annual plan for
the educational activity.
Section 3 Design of day care institutions
Day care institutions shall have premises and
outdoor areas that are suited to the age of the children and the
amount of time they spend there. The children shall have
opportunities for a variety of activities in a safe
environment.
The outdoor area shall normally be immediately
adjacent to the day care institution's premises.
Section 4 Parents' council and coordinating committee
In order to secure co-operation with the
children's homes, each day care institution shall have a parents'
council and a coordinating committee.
The parents' council comprises the
parents/guardians of all the children attending the day care
institution.
The coordinating committee comprises
parents/guardians and staff at the day care institution such that
each group is equally represented. The owner of the day care
institution may participate if he/she so wishes, but may not have
more representatives than either of the other groups.
The Ministry lays down regulations concerning
the functions of the parents' council and the coordinating
committee.
Section 5 Joint coordinating committee for a day care
institution and a school
The municipality may decide that there shall be
a joint coordinating committee for a municipal day care institution
and a primary school. Where both parties so wish, a corresponding
arrangement may be established for a private day care institution
and a municipal or private school. The coordinating committee shall
also in such cases be composed in accordance with section 4, third
paragraph, but such that parents/guardians and staff from both the
day care institution and the school shall be represented, cf.
section 32, subsection 7, of the Primary and Lower Secondary
Education Act and section 22, third paragraph, of the Private
Education Act.
Section 6 Owner's board appointed under section 11 of the Local
Government Act
If the municipal council appoints a separate
board for municipal day care institutions, cf. section 11 of the
Local Government Act, at least two representatives of the parents
shall be included on the board. If the board only has three
members, the parents shall have one representative.
Section 7 Responsibility of the municipality
The municipality is responsible for the
development and operation of day care institutions in the
municipality.
The pattern of development and modes of
operation shall be adapted to local conditions and needs.
Day care institutions for Sami children in Sami
districts shall be based on the Sami language and culture.
Section 8 Approval authority
The municipality approves day care
institutions.
Before the municipality makes a decision
regarding approval pursuant to this Act, conditions imposed in or
pursuant to this Act shall have been elucidated.
Decisions of the municipality may be appealed to
the county governor.
Section 9 Children with disabilities
Children with disabilities shall be given
priority admission provided that it is deemed by expert assessment
that the child will be able to benefit from attending the day care
institution. The expert assessment shall be undertaken in
collaboration with the person(s) who has (have) parental
responsibility. The person(s) having parental responsibility make
the final decision as to whether the child may benefit from
attendance.
The municipality is responsible for ensuring
that children with disabilities gain admission to a day care
institution.
Section 10 Supervision
The municipality maintains the local supervision
of undertakings pursuant to this Act. The municipality shall give
guidance to day care institutions, and may order the rectification
of unwarrantable or unlawful circumstances at undertakings that
have been approved or are subject to approval. If the deadline for
complying with the order is not observed, or if the circumstance
cannot be rectified, the municipality may order the temporary or
permanent closure of the undertaking. The municipality's closure
order shall be sent to the county governor for his/her
information.
The county governor is responsible for giving
guidance to municipalities and owners of undertakings pursuant to
this Act, and may on his/her own initiative exercise supervision
identical to that of the municipality.
Decisions of the county governor in the first
instance may be appealed to the Ministry.
Section 11The supervisory authority's right of inspection
The head teacher or owner of the undertaking is
duty bound to provide the supervisory authorities with such
information as is deemed necessary to exercise supervision pursuant
to this Act.
The head teacher or owner of the undertaking is
also duty bound to provide the supervisory authorities with access
to premises where a day care institution or undertakings which are
or may be subject to approval pursuant to this Act are run.
Section 12 Approval
Undertakings that satisfy applicable
requirements on day care institutions are entitled to approval.
When giving approval the competent authority
stipulates the area for children's play and other activities.
Limits may be set as regards the children's age and the time they
may spend in the institution per day or week.
Section 13 Approval obligation
Undertakings that provide supervision and care
of children under school age are obliged to seek approval as a day
care institution when:
- the activity is regular and the majority of the children attend
for more than 20 hours per week, and
- the number of children present at the same time is 10 or more
when the children are three years of age or older, in the event
five or more when the children are under three years of age,
and
- the supervision is carried out for reward.
Undertakings pursuant to the first paragraph
must have been approved before going into operation.
Section 14 Family day care institutions
Approval of family day care institutions
encompasses both the organisation of the activity and the
individual home.
The Ministry may lay down regulations concerning
approval and operation of family day care institutions. The
regulations may deviate from the provisions of section 12, second
paragraph and section 15, third paragraph, litera h.
Section 15 By-laws
Each day care institution shall have
by-laws.
The by-laws shall provide information of
significance to the parents'/guardians' relationship to the day
care institution.
The by-laws shall contain provisions on:
- ownership,
- aims, should the owner desire special provisions with regard to
ideology pursuant to section 1, fourth paragraph,
- any reservation in regard to section 1, second paragraph, cf.
third paragraph, of this Act,
- who has authority to admit children,
- admission criteria,
- the period for which children are admitted and the time-limit
for notice of termination,
- who is to stipulate parents' fees,
- area stipulated per child for play and other activities
and
- the day care institution's opening hours.
The owner of the day care institution
him/herself lays down those provisions of the by-laws that do not
follow from the municipality's conditions for municipal support. If
the municipality has set such conditions they shall be incorporated
in the by-laws.
The by-laws shall refer to or reproduce the day
care institution's documentation of its internal control
system.
Draft by-laws shall accompany an application for
approval. Adopted by-laws and amendments shall be forwarded to the
municipality for its information.
Section 16 Head teacher
Each day care institution shall have a head
teacher who is responsible for the day-to-day management of the
institution.
The head teacher shall be a trained preschool
teacher.
When a day care institution and a primary school
are organised as one unit, the head teacher of the school may be
the head teacher of the day care institution.
The municipality may in special cases grant
temporary dispensation from the qualification requirement in the
second paragraph. Conditions may be attached to such dispensation.
The Ministry lays down supplementary regulations.
The Ministry may lay down regulations on
permanent dispensation from the qualification requirement.
Section 17 Remaining staff of the day care institution
Teaching staff must be trained preschool
teachers.
The municipality may grant temporary
dispensation from the qualification requirement. Conditions may be
attached to such dispensation. The county governor may in special
cases grant permanent dispensation from the qualification
requirement.
The Ministry lays down supplementary
regulations.
Staffing at the day care institution must be
sufficient for the staff to be able to carry on satisfactory
educational activity. The Ministry lays down supplementary
regulations on teaching staff ratios.
Section 18 Staff working at the day care institution at
night
The qualification requirement in section 17,
first paragraph, does not apply to persons working at the day care
institution at night. The municipality shall approve the staffing
plan and the individual appointment.
Decisions of the municipality may be appealed to
the county governor.
Section 19 Advertising positions
The owner of the day care institution may not,
in advertisements for new employees or by other means, require
applicants to supply information on their views on political,
religious or cultural issues, or on whether they are members of
wage-earner organisations. Nor may the owner take steps to obtain
such information by other means.
These provisions do not apply if the owner has
laid down special provisions in regard to ideology in the day care
institution's by-laws, and the information is warranted by the
nature of the position and the position is of importance for
realising the aim. In the event that such information will be
required, this must be stated in the advertisement of the
position.
Section 20 Police certificate
Whoever intends to work at a day care
institution must produce a satisfactory police certificate. The
certificate shall show whether the person concerned has been
accused of, indicted for or convicted of sexual abuse of
children.
Persons convicted of sexual abuse of children
are barred from employment in day care institutions.
The municipality may also require a police
certificate pursuant to the first paragraph for other persons who
are regularly present in the day care institution.
The Ministry lays down supplementary regulations
to this section.
Section 21 Duty of confidentiality
The rules on confidentiality in sections 13 and
13a-f of the Public Administration Act apply correspondingly to
undertakings falling within this Act.
Section 22 Duty of disclosure to the social services
The day care institution staff shall assist the
social services in client-cases. They shall in their work be alert
to circumstances which ought to lead to action on the part of the
social services, and they shall on their own initiative provide the
social services with information on such circumstances. They may
only disclose information on their own initiative after the client
has given his/her consent, or otherwise insofar as the information
may be disclosed notwithstanding the duty of confidentiality.
Information shall normally be disclosed by the head teacher.
Section 23 Duty of disclosure to the child welfare service
The day care institution staff shall in their
work be alert to circumstances which may lead to action on the part
of the child welfare service.
Notwithstanding the duty of confidentiality, the
day care institution staff shall on their own initiative disclose
information to the child welfare service when there is reason to
believe that a child is being mistreated at home or is exposed to
other serious deficit of parental care, cf section 4-10, section
4-11, section 4-12 of the Child Welfare Services Act, or when a
child has shown persistent, serious behavioural problems, cf.
section 4-24 of the same Act. Day care institution staff are also
obliged to disclose such information when ordered to do so by the
agencies responsible for implementing the Child Welfare Services
Act. Information shall normally be disclosed by the head
teacher.
Section 24 Practice teaching
The owner of the day care institution is obliged
to make the institution available for practice teaching for
students undergoing preschool teacher training.
The day care institution's head teacher and
teaching staff are obliged to provide guidance to students during
such practice teaching.
Section 25 Health check-ups for children and staff
Before a child starts at a day care institution,
a statement concerning the child's health shall be produced. If the
child has attended the local mother-and-child clinic for regular
check-ups, such statement may be made by the child's
parents/guardians.
The day care institution staff are obliged to
undergo an adequate check-up for tuberculosis.
Section 26 Facilities for six-year-olds
The Ministry may lay down regulations concerning
educational provision and extracurricular activities for
six-year-olds on the school's premises, and may in such regulations
grant exemption from the qualification requirement in section 17,
first paragraph.
Section 27 Commencement. Amendments to other Acts
I
This Act comes into force on the date decided by
the King. From the same date the Kindergarten Act, no. 30 of 6 June
1975, is repealed.(1)
II
The following amendments to other Acts take
effect as from the date this Act comes into force.
Regulations to Act no. 19 of 5 May 1995 on Day Care
Institutions (Day Care Institutions Act)
Laid down by the Ministry of Children and Family
Affairs on 1 December 1995 in pursuance of Act no. 19 of 5 May 1995
on Day Care Institutions.
I
(Laid down on 1 December 1995 pursuant to
section 4, fourth paragraph)
Section 1 Tasks
The parents' council shall promote the parents'
shared interests and contribute to ensuring that collaboration
between the day care institution and the parents creates a good day
care institution environment.
Section 2 Rights
The parents' council shall have submitted to it,
and has the right to express an opinion in, matters of importance
to the parents' relationship to the day care institution.
Section 3 Voting
When a vote is taken by the parents' council one
vote is conferred for each child, and decisions are by simple
majority.
(Laid down on 1 December 1995 pursuant to
section 4, fourth paragraph)
Section 1 Tasks
The coordinating committee shall be an advisory,
contact-creating and coordinating body. The committee shall in
particular participate in discussion of the day care institution's
underlying aims and practice and seek to promote contact between
the day care institution and the local community.
Section 2 Election of representatives
The parents' council and the employees each
elect the required number of representatives for the day care
institution's coordinating committee.
Section 3 Term of office
Representatives of the parents and staff are
elected for one year at a time. The term of office for
representatives, if any, of the owner shall be stipulated by the
owner him/herself.
Section 4 Constitution
The coordinating committee constitutes
itself.
Section 5 Voting
If a vote has to be taken by the coordinating
committee, each representative has one vote, and decisions are made
by simple majority. In the event of a tied vote the chairman has a
double vote.
Section 6 Rights
The coordinating committee shall have submitted
to it, and has the right to express an opinion in, matters of
importance for the day care institution's content, activities and
relationship to the parents. Such matters include budget proposals,
changes in operation, utilisation of outdoor and indoor areas,
etc.
Section 7 Relationship to the owner and supervisory
authorities
The coordinating committee shall alert the
owner, and may notify the municipality or the county governor as
the supervisory authority, if the day care institution is not being
run within the framework of applicable laws, regulations, the day
care institution's by-laws and the said institution's budget.
Section 8 Rights of the head teacher
The head teacher has the right to attend, speak
and make proposals at meetings of the coordinating committee.
(Laid down on 1 December 1995 pursuant to
section 14)
Section 1 Approval of organisational set-up
A family day care institution shall as a general
rule be a joint activity comprising at least two homes, or
comprising at least one home and an ordinary day care institution.
In special cases the municipality may approve a single home as a
family day care institution.
Section 2 Approval of homes
The activity shall primarily take place in
inhabited homes.
If inhabited homes cannot be obtained the
municipality may in special cases approve uninhabited premises as
one home in a family day care institution. When such approval is
considered, importance shall be attached to the homelike qualities
of the premises.
When approval of an individual home is
considered, the home's suitability for operation as a family day
care institution shall be taken into account.
Approval cannot be given for double groups in
uninhabited premises.
Section 3 Number of children
A home may be approved for a maximum of five
children above three years of age who attend at the same time. A
home that is suitable for it may be approved for a double group of
a maximum of ten children above three years of age who attend at
the same time.
A limit may be set to the number of children in
a home on the basis of the home's suitability.
If the majority of the children are below three
years of age, the number must be reduced.
There shall as a general rule be at least two
children in a home forming part of a family day care institution
.
The number of children includes the home's own
children below school age who participate in the arrangement. At
least half of the children in a family day care institution group
must be other than the home's own children.
Section 4 Teaching guidance
In family day care institutions teaching
guidance shall be given to the assistant in the individual home
during the institution's opening hours. The teaching guide shall be
a trained preschool teacher.
Section 5 Temporary dispensation from the qualification
requirement
If after public advertisement no-one with
preschool teacher training has applied for the position of teaching
instructor at a family day care institution, the municipality may,
after an overall assessment of the actual qualifications of the
person for whom dispensation is sought, grant temporary
dispensation from the qualification requirement for one year at a
time.
Temporary dispensation may as a general rule be
granted for a maximum of two years. In special cases the
municipality may grant temporary dispensation for a further year at
a time for a maximum of five years.
Decisions of the municipality in matters of
temporary dispensation from the qualification requirement may be
appealed to the county governor.
Section 6 Staffing norm
A family day care institution may have a maximum
of 30 children per preschool teacher.
One assistant may be responsible for up to five
children when the majority of the children are above three years of
age.
Staffing must be sufficient in relation to the
age composition of the children.
(Laid down on 1 December 1995 pursuant to
section 16, fourth and fifth paragraph)
Section 1 Temporary dispensation
The municipality may, after application from the
owner of the day care institution, grant temporary dispensation
from the qualification requirement for head teachers for up to one
year at a time after the position has been publicly advertised and
no qualified applicant has come forward.
After an overall assessment of the actual
qualifications of the person for whom dispensation is sought, the
municipality may attach conditions regarding for example teaching
guidance when granting dispensation. In private day care
institutions guidance may be provided by the municipality.
Section 2 Persons undergoing preschool teacher training
When the person for whom dispensation is sought
is attending decentralised or part-time preschool teacher training,
the municipality may grant temporary dispensation from the
qualification requirement until such training is completed.
Section 3 Appeal
Decisions of the municipality in matters of
temporary dispensation from the qualification requirement may be
appealed to the county governor.
Section 4 Permanent dispensation
When the position of head teacher has been
filled by a person who has had temporary dispensation from section
1 of this regulation for three years, the position shall be
publicly advertised. The county governor may grant the person in
question permanent dispensation from the qualification requirement
if no qualified applicant comes forward and there are very good
reasons for doing so. Application shall be made by the owner of the
day care institution and contain a statement of opinion from the
municipality.
(Laid down on 1 December 1995 pursuant to
section 17, second paragraph)
Section 1 Temporary dispensation
The municipality may, after application from the
owner of the day care institution, grant temporary dispensation
from the qualification requirement for teaching staff for up to two
years at a time after public advertisement of the position and no
qualified applicant has come forward.
After an overall assessment of the actual
qualifications of the person for whom dispensation is sought, the
municipality may attach conditions regarding for example teaching
guidance when granting dispensation. In private day care
institutions guidance may be provided by the municipality.
Section 2 Persons undergoing preschool teacher training
When the person for whom dispensation is sought
is attending decentralised or part-time preschool teacher training,
the municipality may grant temporary dispensation from the
qualification requirement until such training is completed.
Section 3 Appeal
Decisions of the municipality in matters of
temporary dispensation from the qualification requirement may be
appealed to the county governor.
Section 4 Permanent dispensation
When a teaching position has been filled by a
person who has had temporary dispensation from section 1 of this
regulation for two years, the position shall be publicly
advertised. The county governor may thereafter grant the person in
question permanent dispensation from the qualification requirement
if no qualified applicant comes forward. An individual assessment
shall be made of the actual qualifications of the person in
question. Application shall be made by the owner of the day care
institution and contain a statement of opinion from the head
teacher of the day care institution and the municipality.
(Laid down on 1 December 1995 pursuant to
section 17, third paragraph)
Section 1 Norm for teaching staff
There shall be one teacher per 14-18 children
above three years of age and one teacher per 7-9 children below
three years of age when the children attend for more than six hours
each day. In day care institutions in which the children spend less
time each day, the number of children per teacher may be increased
somewhat.
The county governor may grant dispensation from
this regulation.
Section 2 Head teacher's administration time
The head teacher's time spent on administrative
duties is normally additional to the norm for teaching staff.
Section 3 Temporary dispensation
The municipality may grant temporary
dispensation from section 1 of this regulation for up to two years
at a time when after public advertisement no person has come
forward who meets the qualification requirement in section 17,
first paragraph, of the Act. A concrete assessment shall be made of
how the overall teaching staff can best be utilised.
Decisions of the municipality may be appealed to
the county governor.
(Laid down on 1 December 1995 pursuant to
section 20, third paragraph)
Section 1 Introductory provision
Whoever intends to work in a day care
institution shall produce a satisfactory certificate from the
police; see section 20, first paragraph, of the Act. Under section
20 of the Day Care Institutions Act "satisfactory certificate"
means a certificate showing whether the person has been accused of,
indicted for or convicted of violations of the provisions of the
General Civil Penal Code referred to in section 3, second
paragraph, of this regulation. A satisfactory certificate is a
condition for appointment. The certificate shall not be more than
three months old.
"Whoever intends to work in a day care
institution" means all day care institution staff carrying out
various tasks in the institution, persons holding long-term
contracts, substitutes attached to a more established substitution
arrangement and persons performing civilian work in lieu of
military service.
When considering approval of a private day care
institution the municipality shall, in cases where the owner
him/herself intends to work in or for other reasons to be regularly
present in the day care institution, verify that a satisfactory
police certificate exists for the owner.
Section 2 Scope
All approved day care institutions are
encompassed by this regulation.
Section 3 Content of the police certificate
The police certificate shall state whether the
person has been accused of, indicted for or convicted of sexual
abuse of children, see section 20, first paragraph, of the Act.
"Sexual abuse of children" means violations of
sections 195; 196; 212, first paragraph, subparagraph 3; and
section 212, second paragraph, of the General Civil Penal Code.
Impositions of fines, referrals to a municipal
mediation board, waivers of prosecution and withdrawn charges and
indictments shall not be stated in the certificate.
Section 4 Procedure
The employer shall in the text of the
advertisement make applicants aware that a police certificate will
be required upon appointment, but that it shall not be enclosed
with the application. A certificate shall only be required of the
applicant who is offered the position. A police certificate shall
be available before the person takes up the position.
Act no. 52 of 11 June 1971 on Registration of
Convictions and Regulation no. 4 of 20 December 1974 on
Registration of Convictions apply to the issue of certificates,
subject to the exclusions and specifications stated in section 3 of
this regulation.
Section 5 Treatment of police certificate
The police certificate shall be kept in a place
inaccessible to unauthorised persons, and shall be destroyed
immediately after being used in connection with appointment or for
the purpose for which it was obtained, cf. section 4 of the
regulation.
Section 6 Duty of confidentiality
Whoever becomes aware of information through a
police certificate is obliged to prevent unauthorised persons
gaining access to or knowledge of such information. Violation may
be punished under section 121 of the General Civil Penal Code.
Section 7 Consequences of an unsatisfactory police
certificate
If a person who is offered employment in the day
care institution is unable to produce a satisfactory police
certificate, the person in question may not work there.
The municipality may refuse to approve a day
care institution if, after a police certificate is demanded in
conformity with section 20, third paragraph, of the Act, a police
certificate is not produced or the certificate produced is not
satisfactory.
(Laid down on 1 December 1995 pursuant to
section 26)
Section 1 Facilities for six-year-olds
Day care institution facilities for
six-year-olds on the school's premises comprise educational
provision and in the event extracurricular activities.
Extracurricular activities may be organised jointly with the
school's extracurricular activities.
Section 2 Qualification requirement for teaching staff
Teaching staff for facilities for six-year-olds
on school premises shall be trained preschool teachers or ordinary
primary school teachers.
Section 3 Staff responsible for extracurricular activities
No special training is required of the
supervisor or other staff responsible for extracurricular
activities.
Section 4 Teaching staff
In day care institution facilities for
six-year-olds on the school's premises, the number of children per
teacher shall not exceed the school's ratios in respect of class
sizes; cf. section 5 of the Primary and Lower Secondary Education
Act.
II
Commencement
These regulations come into force on 1 January
1996.
(1)By virtue of Royal Decree of 1 December 1995,
this Act comes into force on 1 January 1996.
This page was last updated November 11 1997 by the
editors