Current through Register Vol. 48, No. 38, September 20, 2024
a)
The maximum number of children under the age of 12 cared for in a day care home
by a caregiver alone shall be 8. The maximum number includes the caregiver's
own children, related children and unrelated children under age 12 living in
the home.
b) A Caregiver Alone. A
caregiver alone may care for:
1) A mixed age
group consisting of:
A) Up to 8 children
under the age of 12, of which
B) Up
to 5 children may be under the age of 5, of which
C) Up to 3 children may be under 24 months of
age.
2) A mixed age
group consisting of:
A) Up to 8 children
under the age of 12, of which
B) Up
to 6 children may be under the age of 5, of which
C) Up to 2 children may be under 30 months of
age.
3) A school age
group consisting of 8 school age children, as defined in Section
406.2.
c) Caregiver and an Assistant
under 18 Years of Age
1) A caregiver and an
assistant under age 18 may care for:
A) One
of the groupings in subsection (b) and 4 additional children who are attending
school full-time; or
B) A total of
8 children under 5 years of age, of which up to 5 children may be under 24
months of age.
2) When a
licensee or permitholder has been granted the extended 4 school-age capacity
addendum in writing, a caregiver's own full-time school age children may be
counted in the additional 4 school-age children provided that when there are
more than 8 children in care, a qualified assistant is present.
3) Care provided for the additional before
and after school children is limited to children who attend school full-time
and to before and/or after school, holidays, weekends, during unforeseen school
closings, when the provider's own children come home sick, and during the
summer.
d) A Caregiver
and an Assistant 18 Years of Age or Older
1)
A caregiver and an assistant 18 years of age or older may care for:
A) The groupings in subsection (b), and 4
additional children who are attending school full-time; or
B) Eight children under 5 years of age, of
which up to 5 children may be under 24 months of age, and 4 additional children
who are attending school full-time.
2) When a licensee or permitholder has been
granted the extended 4 school-age capacity addendum in writing, a caregiver's
own full-time school age children shall be counted in the additional 4
school-age children provided that, when there are more than 8 children in care,
a qualified assistant is present.
3) Care provided for the additional before
and after school children is limited to children who attend school full-time
and to before and/or after school, holidays, weekends, during unforeseen school
closings, when the provider's own children come home sick, and during the
summer.
e) The maximum
number of children receiving night care shall be 8 children and the groupings
shall be consistent with subsections (b) and (c).
f) Any children under age 12 living in the
home who are receiving home schooling shall be counted in the maximum of 8
children in subsections (b), (c), and (d), unless another parent or caregiver
is providing the schooling apart from the day care area and the caregiver has
no responsibility for care or supervision or schooling of the children during
the hours home day care is provided.
g) In the event of a brief unforeseen school
closing, the caregiver may accept one additional school-age child and still be
considered in compliance with the capacity requirements, as long as the total
number of children under age 12 in the home does not exceed the maximum of 12
children. The caregiver shall maintain a record of the dates, names and ages of
the children for whom this care was provided.
h) When the acceptance of siblings of
children who are already in care will place the licensee out of compliance with
the established age groupings, the licensee may develop a transition plan that
shall be submitted to the licensing representative for review and approval. The
plan may be approved when:
1) The licensee is
not currently operating under a transition plan and is in full compliance with
all the licensing standards;
2) At
least one of the siblings has been in care for 30 days or more; and
3) The transition plan will bring the home
back into compliance with the established age groupings within 6 months after
the date the plan is approved.
