Current through Rules and Regulations filed through September 23, 2024
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.
