2.5
There are, however, 'grey areas' in the registration requirements which enable a child care centre to avoid fulfilling the standards required under the Child Care Centres Ordinance and its subsidiary Regulations by registering as a kindergarten school under the Education Ordinance. A school is defined in the Education Ordinance as "an institution, organisation or establishment which provides for twenty or more persons during any one day, whether or not at the same time, any kindergarten, primary, secondary or post-secondary education or any other educational course by any means, including correspondence delivered by hand or through the postal service" and it is exempted from the provisions of the Child Care Centres Ordinance. Some institutions have registered as kindergartens when in fact they are operating as child care centres with full day programmes, including meals and rest periods for sleep. The Government believes that it is important to prevent this by more clearly defining the terms 'child care centre' and 'kindergarten'. A distinction based on the programme of activities would not be practicable in view of the similarities between the two types of institution. Neither is it feasible to draw up a distinction based on age alone, because within the age group for kindergarten some of the children will need child care services.
2.6
It is therefore considered that for registration purposes the distinction between child care centres and kindergartens should be based on hours of attendance, as it is mainly on account of the longer period of attendance that the need for higher standards of care arises. It is accordingly proposed that no kindergarten should be allowed to receive any group of children for more than 4 hours a day. Any institution permitting attendance for more than 4 hours during the day or providing luncheon facili- ties (which infers that full-day care may be intended) would need to register under the Child Care Centres Ordinance. Both Ordinances should be amended to give effect to this distinction.
2.7
In view of the close relationship between the work of child care centres and kindergartens it was suggested by the Board of Education that these should both be supervised by one department and be controlled by one Ordinance. However it appears to the Government that the administrative upheaval necessary to implement this proposal would not be justified by the marginal advantages to be gained by such a merger. It does however advocate very close cooperation between the two departments and envisages a standing committee being set up to coordinate the activities of the two departments in this field.
Residential child care centres
2.8
In this chapter comparison has been made between kindergartens and day care centres. However, reference has also been made in para. 1.3 to residential child care centres. These cater for a small group of deprived children who have for example been abandoned or orphaned, or are affected by a crisis such as sudden illness or death in the family. Others may be required to enter a home on court orders. The Government believes that full time care, as distinct from day care, of young children must if possible be provided in their own homes by their natural parents or close relatives. The Social Welfare Advisory Committee has advised the Government that residential services for pre-primary children should not be encouraged, except as a last resort for those children who have nobody to turn to for care and protection. Some children require only short-term care, for example, where the mother is recovering from an illness. Others may need to stay longer whilst arrangements are made for more satisfactory long-term care, for example through adoption.
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