(1) For the purposes of section 164A (1) and (2) of the Law, a person other than a family day care educator may educate and care for a child as part of a family day care service if—(a) the person is a family day care educator assistant approved under subregulation (2); and(b) the person provides education and care in the circumstances set out in subregulation (4).
(2) An approved provider of a family day care service may approve a person as a family day care educator assistant to assist a family day care educator in providing education and care to children as part of the family day care service.
(3) An approved provider must not approve a person under subregulation (2) unless the family day care educator provides the written consent of a parent of each child being educated and cared for by the educator to the use of the family day care educator assistant in the circumstances set out in subregulation (4).
(4) An approved family day care educator assistant may assist the family day care educator—(a) in the absence of the family day care educator, to transport or escort a child between the family day care residence or approved family day care venue and—(i) a school; or(ii) another education and care service or children’s service; or(iii) the child’s home; or(b) in the absence of the family day care educator, in emergency situations, including when the educator requires urgent medical care or treatment; or(c) in the absence of the family day care educator, to enable the educator to attend an appointment (other than a regular appointment) in unforeseen or exceptional circumstances, if—(i) the absence is for less than 4 hours; and(ii) the approved provider of the family day care service has approved that absence; and(iii) notice of that absence has been given to the parents of the child; or(d) while the educator is educating and caring for children as part of the family day care service.