Supervision of Day Care Centres for Toddlers Law, 5779-2018
חוק הפיקוח על מעונות יום לפעוטות, תשע"ט-2018
Published: 2018-10-31Consolidated Hebrew text as of 2025-09-16 · Last amended 2024-11-14✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Chapter XII: Commencement, Application and Transitional Provisions
Commencement§
74.
This Law shall commence on the 1st of Elul 5779 (1 September 2019) (hereinafter – the commencement date); however, the commencement of Chapter VII shall be one year from the date of entry into force of the first Regulations under section 7.
First Regulations and Gradual Application§
75.
(a)The first Regulations under sections 7 and 77 shall be brought for the approval of the Committee within one year from the date of publication of this Law; every six months from the date of publication of this Law until the date on which the first Regulations as aforesaid are brought for the approval of the Committee, the Minister and the Minister of Finance shall report to the Committee, in writing, on the progress in implementing the provisions of those sections.
(b)In Regulations under section 7, the Minister may prescribe that the provisions of the Regulations shall apply gradually, in accordance with the number of toddlers staying at the day care centre for toddlers, from the date to be prescribed therein (in this Law – the application date), provided that within five years from the date of publication of the first Regulations under section 7 they shall apply to all day care centres for toddlers.
Preliminary Approval§
76.
(a)So long as the first Regulations under section 7 have not entered into force, or so long as the application date prescribed in those Regulations in respect of a day care centre for toddlers has not arrived, the Superintendent may grant the operator of a day care centre for toddlers in which the following conditions are met a preliminary approval, in lieu of a licence, in respect of that centre (in this Law – preliminary approval):
(1)the provisions of section 6(a), except for paragraph (4) thereof, are met;
(2)the location is suitable for the stay of toddlers.
(b)A preliminary approval shall remain in force for a period of one year, and the Superintendent may renew it from time to time.
(c)The provisions of this Law in respect of a licence shall apply, with the necessary modifications, in respect of a preliminary approval.
(d)The Superintendent may grant a preliminary approval even before the commencement date, provided that its commencement shall be on the commencement date, and may also do all that is necessary for that purpose.
(e)Notwithstanding the provisions of section 4(a), where an operator of a day care centre for toddlers that operated on the eve of the commencement date has submitted an application for a preliminary approval by that date, the operator shall be entitled to continue to operate the day care centre for toddlers even after the commencement date until the Superintendent's decision on the application as aforesaid is given.
Transitional Provisions in respect of a Day Care Centre for Toddlers that Operated on the Eve of the Application Date and Role-Holders therein§
77.
(a)Notwithstanding the provisions of section 4(a), where an operator of a day care centre for toddlers that operated on the eve of the application date has submitted an application for an operating licence within a period prescribed by the Minister, the operator shall be entitled to continue to operate the day care centre for toddlers even after the application date until the Superintendent's decision on the application as aforesaid is given.
(b)The Minister may prescribe in Regulations provisions in respect of the grant of a temporary or permanent exemption from the provisions prescribed in Regulations under section 7, to an operator of a day care centre for toddlers that operated on the eve of the application date prescribed in respect of it; the Minister shall not prescribe an exemption under this subsection from a condition under section 7 non-compliance with which may endanger the wellbeing of the toddlers staying at the day care centre for toddlers.
(c)The Minister shall prescribe in Regulations provisions in respect of the grant of an exemption from the conditions prescribed under section 7 regarding the experience and professional training of role-holders at the day care centre for toddlers that operated on the eve of the application date prescribed in respect of it, in respect of a person who, on the eve of the application date, fulfilled the role in respect of which those requirements were prescribed, and the Minister may, inter alia, prescribe an exemption from conditions in respect of academic education, professional training, in-service training and examinations, provided that no exemption shall be prescribed from conditions as aforesaid that are intended to ensure the wellbeing of the toddlers staying at the day care centre for toddlers.
(d)Regulations under this section shall be prescribed having regard to risk management in the field of day care centres for toddlers, according to types of such centres.
Transitional Provisions in respect of a Day Care Centre for Toddlers that Operated on the Eve of the Application Date and in which a Nursery Class Operated§
78.
(a)An operator of a day care centre for toddlers that operated on the eve of the application date prescribed in respect of it who wishes to continue to operate in the premises of the centre a nursery class that operated therein on the eve of the application date shall indicate this in the application for an operating licence submitted under section 77(a), and shall in particular indicate the number of children staying in that nursery class.
(b)Where an operator of a day care centre for toddlers has submitted an application as referred to in subsection (a), the Superintendent may grant the operator an operating licence permitting the operator to continue to operate the nursery class even though the provisions under sections 6(a)(4) and 7(a) are not met, provided that there is a licence in respect of that nursery class under the Schools Supervision Law, 5729-1969; a condition in an operating licence permitting the operation of a nursery class as aforesaid shall remain in force for as long as the licence under that Law remains in force; where the licence under the Schools Supervision Law, 5729-1969 has expired, the Director General of the Ministry of Education shall give notice thereof to the Superintendent.
(c)In this section, "nursery class" means a class in the premises of a day care centre for toddlers in which toddlers and children stay together, provided that the number of children staying therein exceeds ten.
Transitional Provision in respect of a Person who Commenced Employment at a Day Care Centre before the Commencement Date§
79.
The provisions of section 15 shall apply also in respect of a person who commenced employment at a day care centre for toddlers before the commencement date.
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Contact Us →First Schedule (the definition "day care centre for toddlers" in Section 2 and section 65(a))
Seven toddlers
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Contact Us →Second Schedule (sections 37(c) and 65(b))
| Column A – The Provision | Amount of the Financial Penalty | ||
|---|---|---|---|
| Column B – Small Day Care Centre | Column C – Medium Day Care Centre | Column D – Large Day Care Centre | |
| An operator of a day care centre for toddlers who did not submit once a year to the superintendent a declaration drawn up in the form set out in the Third Schedule, stating that the operator operates in accordance with the safety conditions detailed in regulation 19 and that the operator holds the approvals and inspection results detailed in that regulation, as detailed in regulation 18(b) of the Supervision Regulations | NIS 1,500 | NIS 3,000 | NIS 3,600 |
| An operator of a day care centre for toddlers who continued to employ an educator-caregiver who had not completed the pedagogical training programme as referred to in regulation 6(a) for a period exceeding one year from the day on which the educator-caregiver commenced or resumed studies, as the case may be, as detailed in regulation 6(b) of the Supervision Regulations | NIS 3,000 | NIS 6,000 | NIS 7,200 |
| An operator of a day care centre for toddlers who did not carry out training courses for all staff engaged in education-caregiving, contrary to regulation 9(b) of the Supervision Regulations | NIS 3,000 | NIS 6,000 | NIS 7,200 |
| An operator of a day care centre for toddlers who did not ensure that the floor area available to each toddler was not less than the minimum area referred to in regulation 4(b) of the Supervision Regulations | NIS 6,000 | NIS 12,000 | NIS 14,400 |
| An operator of a day care centre for toddlers who did not comply with the safety conditions as detailed in regulation 19(a) of the Supervision Regulations | NIS 6,000 | NIS 12,000 | NIS 14,400 |
| An operator of a day care centre for toddlers who did not act to maintain proper sanitary conditions in the day care centre and did not take measures for the regular prevention of sanitary nuisances as referred to in regulation 20(a) of the Supervision Regulations | NIS 6,000 | NIS 12,000 | NIS 14,400 |
| An operator of a day care centre for toddlers who employed an educator-caregiver without the required training as detailed in regulation 5 of the Supervision Regulations | NIS 12,500 | NIS 25,000 | NIS 30,000 |
| An operator of a day care centre for toddlers who did not discontinue the presence of an educator-caregiver who is in direct contact with toddlers and whose presence constitutes a harmful influence on the toddlers, as detailed in regulation 11(c) | NIS 12,500 | NIS 25,000 | NIS 30,000 |
| An operator of a day care centre for toddlers who did not report to the Division on an educator-caregiver who is in direct contact with toddlers and whom the operator found to constitute a harmful influence on them, and on the discontinuation of that educator-caregiver's presence as a result thereof, as detailed in regulation 11(c) | NIS 12,500 | NIS 25,000 | NIS 30,000 |
| An operator of a day care centre for toddlers who did not report immediately upon becoming aware thereof to the Division of a serious accident or unusual incident that occurred at the day care centre, as detailed in regulation 16(a) of the Supervision Regulations | NIS 12,500 | NIS 25,000 | NIS 30,000 |
| An operator of a day care centre for toddlers who did not act to prevent and remedy any safety hazard liable to endanger the wellbeing of the toddlers, as required by regulation 18(a) of the Supervision Regulations | NIS 12,500 | NIS 25,000 | NIS 30,000 |
| An operator of a day care centre for toddlers who did not carry out the inspections detailed in regulation 19(b) of the Supervision Regulations by means of a qualified professional and within the periods listed alongside them, as detailed in regulation 19(b) of those Regulations | NIS 12,500 | NIS 25,000 | NIS 30,000 |
| An operator of a day care centre for toddlers who breached one of the following provisions: | |||
| (1) regulation 2(a) of the Supervision Regulations in respect of operating a day care centre for toddlers at an occupancy exceeding the maximum occupancy as detailed in that regulation | NIS 6,000 | NIS 12,000 | NIS 14,400 |
| (2) regulation 3 of the Supervision Regulations in respect of operating a day care centre for toddlers at a staffing ratio lower than the staffing ratio as detailed in that regulation | NIS 6,000 | NIS 12,000 | NIS 14,400 |
| (3) regulation 17 of the Supervision Regulations in respect of operating a day care centre for toddlers without valid third-party insurance against injuries liable to be caused during the toddlers' stay at the day care centre, valid personal accident insurance and valid employer's liability insurance, as required by that regulation | NIS 12,500 | NIS 25,000 | NIS 30,000 |
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