Current through Rules and Regulations filed through March 18, 2025
If the holder of the license or commission is not an
individual serving as the actual administrator or director of the center, the
holder of the license or commission shall appoint and identify to the
department in writing an administrator or director who shall be responsible for
the day-to-day operation and management of the center.** *
(a) If the administrator is absent from the
center at any time during the hours of operation, there shall be an officially
designated person on the center site to assume responsibility for the operation
of the center who shall have full access to all records required to be
maintained under these rules.** *
(b)
Staffing Requirements for
Administrator. The holder of a license or commission issued after the
effective date of these rules who serves as the administrator of the center and
the administrator of a center hired after the effective date of these rules
must meet the following minimum requirements throughout employment:** *
1. Never have been shown by credible
evidence, e.g. a court or jury, a department investigation or other reliable
evidence to have abused, neglected or deprived a child or adult or to have
subjected any person to serious injury as a result of intentional or grossly
negligent misconduct as evidenced by an oral or written statement to this
effect obtained at the time of application; and** *
2. Be at least twenty-one (21) years of age;
and** *
3. Have current evidence of
successful completion of a biennial training program in cardiopulmonary
resuscitation (CPR) and a triennial training program in first aid which have
been offered by certified or licensed health care professionals and which dealt
with the provision of emergency care to infants and children; and** *
4. Not be suffering from any physical
handicap or mental health disorder, which would interfere with the applicant's
ability to perform adequately the job duties of providing for the care and
supervision of the children enrolled in the center in accordance with these
rules; and** *
5. Not have a
criminal record; and** *
6.
Participate in the orientation and training required by these rules; and**
*
7. Not have made any material
false statements concerning qualifications requirements either to the
department or the proposed licensee; and** *
8. Meet one of the following sets of minimum
academic requirements and qualifying experiences at the time of employment:** *
(i) a high school diploma or general
education diploma (G.E.D.) and one (1) year of qualifying child care
experience; or** *
(ii) a Child
Development Associate credential, or a Child Development and Related Care
Diploma from a vocational institute accredited by the Commission on Colleges of
the Southern Association of Colleges and Schools, or similar credential where
the course of study includes an intensive practicum in child care as part of
the curriculum and which is approved by the department; or** *
(iii) an associate's degree in early
childhood education and six (6) months of qualifying child care experience;
or** *
(iv) a bachelor's degree
from an accredited college or university in a field other than early childhood
education or child development and three (3) months qualifying work experience;
or** *
(v) a bachelor's degree from
an accredited college or university in early childhood education and child
development.** *
(c)
Staffing Requirements for
Teachers/Lead Caregivers. The center shall have a designated
teacher/lead caregiver for each group of children. The teacher/lead caregiver,
hired after the effective date of these rules, shall meet all of the following
minimum requirements:** *
1. Never have been
found by credible evidence, e.g. a court or jury, a department investigation or
other reliable evidence to have abused, neglected or deprived a child or adult
or to have subjected any person to serious injury as a result of intentional or
grossly negligent misconduct as initially evidenced by an oral or written
statement to this effect obtained by the administrator from the employee at the
time of hiring; and** *
2. Be at
least eighteen (18) years of age; and** *
3. Have current evidence of successful
completion of a biennial training program in cardiopulmonary resuscitation
(CPR) and a triennial training program in first aid which have been offered by
certified or licensed health care professionals and which dealt with the
provision of emergency care to infants and children if the caregiver is to be
counted as part of the fifty percent (50%) of the child care staff with the
required current evidence of CPR and first aid training; and** *
4. Not be suffering from any physical
handicap or mental health disorder, which would interfere with the person's
ability to perform assigned job duties adequately and in accordance with these
rules; and** *
5. Not have a
criminal record; and** *
6. Have
either a high school diploma or general education diploma (GED) or one (1)
year's qualifying child care experience if hired after the effective date of
these rules; and** *
7. Participate
in the orientation and training required by these rules; and** *
8. Not have made any material false
statements concerning qualifications requirements either to the department or
the licensee or administrator.** *
(d)
Staffing Requirements for
Caregivers/Aides. The center may employ caregivers/aides to assist the
teacher/lead caregiver in the care of the children in any group within the
center. No caregiver/aide shall be solely responsible for a group of children.
Caregivers/aides shall meet all of the following minimum requirements if hired
after the effective date of these rules:** *
1. Never have been found by credible
evidence, e.g. a court or jury, a department investigation or other reliable
evidence to have abused, neglected or deprived a child or adult or to have
subjected any person to serious injury as a result of intentional or grossly
negligent misconduct as evidenced initially by an oral or written statement to
this effect obtained at the time of caregiver's employment; and** *
2. Be at least sixteen (16) years of age;
and** *
3. Have current evidence of
successful completion of a biennial training program in cardiopulmonary
resuscitation (CPR) and a triennial training program in first aid which have
been offered by certified or licensed health care professionals and which dealt
with the provision of emergency care to infants and children if the caregiver
is to be counted as part of the fifty percent (50%) of the child care staff
with the required current evidence of CPR and first aid training; and**
*
4. Not be suffering from any
physical handicap or mental health disorder, which would interfere with the
person's ability to perform assigned job duties adequately and in accordance
with these rules; and** *
5. Not
have a criminal record; and** *
6.
Participate in the orientation and training required by these rules; and**
*
7. Not have made any material
false statements concerning qualifications requirements either to the
department or the licensee or administrator.** *
(e)
General Staffing
Requirements. The center shall have qualified and sufficient
direct-care, clerical, housekeeping and maintenance employees to insure full
compliance with these rules without neglecting the supervision of the children.
Staff shall supervise all independent contractors, volunteers, chaperons, and
students in training whenever they are in the presence of the children. The
center staffing policies shall comply with the following:
1.
Contagious Diseases. Staff,
or any other persons being supervised by the staff, shall not be allowed in the
center who knowingly have, or present symptoms of a fever or diarrhea.**
*
2.
Smoking Limited.
Staff, or other persons, shall not smoke or use tobacco except in designated
enclosed rooms or areas which are totally separated from the child care areas
either within the center premises, on the center playgrounds or on any vehicle
being used to transport children during the hours that the center is in
operation.** *
3.
Prohibited
Substances. Staff, chaperons and students in training shall not be under
the influence of or consume alcohol, marijuana or other controlled substances
on the center premises during the hours of operation or at any other time or
place where there are children present for whom the center staff is
responsible.** *
4.
Assignment of Employees. Staff with diaper changing
responsibilities shall not be simultaneously assigned to kitchen food
preparation duties.** *
5.
Work Schedules. Staff shall not regularly be scheduled to perform
child care duties for more than twelve (12) hours within any twenty-four (24)
hour period.** *
6.
Substitute Employees. The center shall provide for substitute
staff when regular staff is absent from work. All substitute employees shall be
at least eighteen (18) years of age. Substitute caregiver staff shall be
informed of these rules and the center's policies and procedures for the age
group for which they will be providing care. Substitute service staff shall be
informed of the center's policies and procedures necessary to the proper
performance of their job duties in compliance with these rules.** *
7.
First Aid and CPR. At least
fifty percent (50%) of the caregiver staff shall have current evidence of first
aid training and cardiopulmonary resuscitation. There must always be an
employee with current evidence of first aid training and CPR on the center
premises whenever children are present and on any center-sponsored field
trip.** *
(f)
Staff Training. Prior to assignment to children or task, all
employees hired after the effective date of these rules shall be oriented in
accordance with these rules. Employees continuing to be employed with the
center after the effective date of these rules shall receive the on-going
training set forth below in subsection (b).** *
1.
Orientation. Orientation
shall include instruction in:** *
(i) The
center's policies and procedures,** *
(ii) Emergency weather plans,** *
(iii) The employee's assigned duties and
responsibilities,** *
(iv)
Reporting requirements for suspected cases of child abuse, neglect or
deprivation; communicable diseases and serious injuries,** *
(v) the rules and regulations set forth in
Rule 290-2-2-.11,
.12,
.13 and
.14. Such instruction shall require
new staff to be generally familiar with the health and safety requirements for
caring for the children that are set forth in the specified sections.**
*
(vi) Childhood injury control,**
*
(vii) Within the first year of
employment, all employees hired after the effective date of these rules, who
provide any direct care to the children, shall obtain ten (10) clock hours of
training or instruction from an accredited school or department-approved source
in child care issues. Custodial, maintenance personnel or volunteers, who
provide no direct care to the children, do not have to meet this training
requirement. At least six (6) of the clock hours must be divided as follows:**
*
(I) Four (4) clock hours of training in any
of the following topics: disease control, cleanliness, basic hygiene, illness
detection, illness disposition and childhood injury control;**
(II) Two (2) clock hours of training in
identifying, reporting and meeting the needs of abused, neglected or deprived
children; and**
(viii)
Within the first year of employment, the administrator and the person primarily
responsible for food preparation hired after the effective date of these rules
shall receive four (4) clock hours of training in food nutrition planning,
preparation, serving, proper dish washing and food storage.
2.
Ongoing Training.
Within one (1) year of the effective date of these rules and thereafter on an
annual basis, all supervisory and caregiver personnel (regardless of the date
of hiring) shall attend ten (10) clock hours of training which is task focused
in early childhood education or child development or subjects relating to job
assignment and is offered by an accredited college, university or vocational
program or other department-approved source.** *
3.
Documentation of Training.
Evidence of orientation and training shall be documented in the personnel file
of each staff member which shall be available to the department for
inspection.** *
(g)
Grouping of Children and Staff: Child Ratios. The center must
establish groupings of children for care which comply with the staffing ratios
and requirements set forth below. Staff, such as the director or service
workers (food, maintenance, and clerical staff, etc.), shall be counted in the
staff: child ratio only during the time that they are giving full attention to
the direct supervision of the children. Service staff routinely acting as child
care workers shall meet the qualifications of the respective caregivers.** *
1. Employees shall be assigned so that in so
far as possible children receive care from the same employee each day;**
*
2. Children shall be supervised
at all times.** *
3. Unless
otherwise provided in these rules the following staff: child ratios and maximum
number of children in a group shall be maintained by the center whenever it is
open as of the date specified:** *
As of the effective date of these rules, the ratios shall
be:
Group Age No. of
Adults No. of
Children Infancy to 1-1/2 yrs 1 3-7 * 1-1/2 yrs to 2-1/2 yrs
1 4-10 * 2-1/2 yrs to 3-1/2 yrs 1 5-12 * 3 to 4 years 1 10-15 * 4 to 5 years 1
15-18 ** 5 to 6 years 1 15-20 ** * 6 years and older 1 20-25 ** * As of
September 1, 1991, the ratios shall be:
Ages of Children Staff:
Child
Ratio Maximum
Group
Size Infants less than one(1) year old or children under
eighteen (18) months who are not walking 1:6 12 * One (1) years old who are
walking 1:8 16 * Two (2) year olds 1:10 20 * Three (3) year olds 1:15 30 * Four
(4) year olds 1:18 36 * Five (5) year olds 1:20 40 ** * Six (6) year olds 1:25
50 ** *
4. Children may be
combined in mixed-age groups provided that infants and children younger than
three (3) years are not grouped with children three (3) years and older except
as set forth below. In mixed-age groups, the required staff: child ratios shall
be based on the ages of the youngest children in the group if more than twenty
percent (20%) of the children in the mixed-age group belong to younger age
grouping(s).** *
(i) During early morning
times of arrival and late afternoon times of departure, infants and children
younger than three (3) years may be grouped with older children so long as
staff: child ratios and group size are met based upon the age of the youngest
child in the group.
(ii) Children
who turn three (3) years of age during the regular school year may remain
grouped with other two (2) year olds for the remainder of the school year
provided that the continued placement in the younger group is with the
agreement of the older child's parents and is developmentally appropriate for
the child.
5. Maximum
group size does not apply to outdoor play on the playground routinely used by
the center or for special activities in the center lasting no more than two (2)
hours. However, required staff: child ratios must be maintained.**
6. During day-time scheduled rest or sleeping
periods for children ages three (3) years and older, the staff: child ratio may
be double the number of children to each staff required by Rule
290-2-2-.09(g)3.
provided that:
(i) At least one (1) staff
person is in each room providing direct supervision of the children;
and
(ii) All staff required by Rule
290-2-2-.09(g)3.
relating to staff: child ratios are in the center and available to assure safe
evacuation in an emergency.
7. Staff: child ratios as required in Rule
290-2-2-.09(g)3.
shall be maintained during evening and nighttime care except when a majority of
the children are sleeping when the ratios may be doubled in those areas where
the majority of the children are sleeping. However, the staff required by the
regular staff: child ratios set forth in Rule
290-2-2-.09(g)3.
must be available on the premises of the center to resume supervision of the
children whenever a majority of the children in care in an area are no longer
asleep or an emergency situation arises.
(h)
Staffing Requirements for
Water-Related Activities. Whenever the center chooses to allow the
children to participate in water-related activities, such as swimming, fishing,
boating or wading, the center shall determine that the persons supervising the
children for water-related activities meet the following training requirements,
whether or not these persons are employed by the center. The center shall also
provide for the following special staff: child ratios during the water-related
activity.** *
1.
Staff and Training
Requirements. There must be a minimum of one (1) center staff member on
duty directly supervising the children at all times when one (1) or more
children are engaged in water-related activities. Where the water is over two
(2) feet deep, either the center staff member or the employee provided by the
water facility to supervise the use of the facility by children must have the
following:** *
(i) current evidence of having
completed successfully a training program in lifeguarding offered by a
water-safety instructor certified by the American Red Cross or YMCA or YWCA or
other recognized standard-setting agency for water safety instruction. However,
this advanced life saving training is only required if the children will be in
water that is over two (2) feet in depth; and** *
2.
Staff: Child Ratios for
Water-Related Activities. The center shall also maintain the following staff:
child ratios during any water-related activities:** *
(i) For water-related activities in water
over two (2) feet in depth, the center staff shall provide continuous
supervision of the children in accordance with the following:** *
Ages of Children Staff:Child Ratio Under two and one-half
(2-1/2) yrs. 1:2 * Two and one-half (2-1/2) to four (4) yrs. 1:5 * Four (4)
yrs. and older who cannot swim a distance of fifteen (15) yards unassisted 1:6
** * Four (4) yrs. and older who can swim a distance of fifteen (15) yards
unassisted 11:15 ** * In lieu of requiring each child to take a swimming test
to determine whether the child can swim a distance of fifteen (15) yards
unassisted, center staff may accept copies of certificates or cards from a
recognized water safety instruction organization showing that the child has
successfully completed a swimming class which required the child to swim a
distance of fifteen (15) yards unassisted.
(ii) For water-related activities in water
that is less than two (2) feet deep throughout, such as a self-contained wading
pool less than two (2) feet in depth, continuous supervision must be provided
by center staff in accordance with the staff: child ratio set forth in Rule
290-2-2-.09(g)3. **
*
(I) The wading pool shall be cleaned and
filled with clean water for each day's usage and emptied when not in use.**
*
(iii) At least one (1)
additional staff member above the required staff: child ratio for water-related
activities set forth in paragraphs (i) and (ii) shall be available to rotate
among the groups as needed when any of the following circumstances are
present:** *
(I) the majority of the children
in a group are not accustomed to, or are afraid of the water; or** *
(II) the majority of the children in a group
comprised of children who cannot swim a distance of 15 yards unassisted, cannot
touch the bottom of the water-facility without submerging their heads; or**
*
(III) the water-facility is
particularly crowded; or**
(IV) the
children have special needs which impact on their ability to participate safely
in the water-related activity** *
(i)
Staffing Requirements for
Transporting Children. Whenever the center transports children for any
reason, the driver of the vehicle shall be at least eighteen (18) years of age
and possess a valid driver's license as required for the class of vehicle that
the driver will be operating for the center; and** *
1. Either the driver or another staff person
present on the vehicle must have current evidence of successful completion of a
biennial training program in cardiopulmonary resuscitation (CPR) and a
triennial training program in first aid offered by certified or licensed health
care professionals and which dealt with the provision of emergency care to
infants and children; and** *
2. On
field trips, in addition to the required staff: child ratio contained in Rule
290-2-2-.09(g)3.,
an additional employee, chaperon or student in training, who is at least
sixteen (16) years of age shall be available to assist in the supervision of
each group of twenty-five (25) children; and** *
3. When transporting children, the center
shall provide:** *
(i) A minimum of two (2)
staff members (the driver and non-driver) in the following situations:** *
(I) When three (3) or more children under
three (3) years of age are transported, or*
(II) When seven (7) or more children under
five (5) years of age occupy the vehicle, or*
(III) When eighteen (18) or more children
five (5) years of age and older occupy the vehicle; and** *
(ii) A third employee, who is at
least eighteen (18) years of age, shall be provided in the vehicle when
transporting children in the following situations:** *
(I) When more than eight (8) children under
three (3) years of age occupy the vehicle with other children, or*
(II) When more than twenty (20) children
under five (5) years of age occupy the vehicle with other children.*
(iii) When more than thirty-six
(36) children under the age of five (5) occupy the vehicle the staff: child
ratios as set forth in Rule
290-2-2-.09(g)3.
shall be met in lieu of the ratios set forth above.*
(iv) Whenever more than thirty-six (36)
children five (5) years and older are transported on the vehicle with no other
children under the age of five (5), the staff: child ratio on the vehicle of
one (1) staff for each additional twenty (20) children shall be maintained on
the transporting vehicle.** *
O.C.G.A. Chapter
49-5-12 (1982 and 1982 Supp.); O.C.G.A. Chapter 20-2-771 (1982); O.C.G.A. Secs.
40-5-23,
40-5-146,
49-5-3,
49-5-8.
