Current through Register Vol. 48, No. 38, September 20, 2024
Appendix H includes a chart of
the number and ages of children who can be served.
a) A Caregiver Alone
1) The maximum number of children under the
age of 12 cared for in a group day care home by a caregiver alone shall be 8
except when all the children are school age. The maximum number includes the
caregiver's own children, related children and unrelated children under age 12
living in the home. When determining capacity, the home must meet square
footage requirements listed in Section
408.30(c).
2) A caregiver alone may care for children in
accordance with the following age groupings:
A) A mixed age group consisting of:
i) Up to 8 children under 12 years of age, of
which
ii) Up to 5 children may be
under 5 years of age, of which
iii)
Up to 3 children may be under 24 months of age; or
B) A mixed age group consisting of:
i) Up to 8 children under 12 years of age, of
which
ii) Up to 6 children may be
under 5 years of age, of which
iii)
Up to 2 children may be under 30 months of age; or
C) Up to 8 pre-school children if no child is
under age 3; or
D) Up to 12 school
age children as defined by Section
408.5.
b) A Caregiver and an Assistant 18 Years of
Age or Older
The maximum number of children under the age of 12 cared for
in a group day care home by a caregiver and one assistant 18 years of age or
older who meets the qualifications listed in Section
408.50 shall be 12. The maximum
number includes the licensee's own children, related children and unrelated
children under age 12 living in the home. When determining capacity, the home
must meet square footage requirements listed in Section
408.30(c). The
caregiver and assistant 18 years of age or older may care for children in
accordance with the following age groupings:
1) 12 children between 3 and 6 years of age.
The assistant must be present when more than 8 such children are present;
or
2) A mixed age group consisting
of:
A) No more than 12 children under 12 years
of age of which
B) No more than 6
children may be under 30 months of age, of which
C) No more than 4 children may be under 15
months of age.
c) Extended Capacity
A caregiver and
two assistants who meet the qualifications in Section
408.50 may care for four
additional children, for a total capacity of up to 16 children. When
determining capacity, the home must meet square footage requirements listed in
Section 408.30(c). The
caregiver and two assistants may care for children in accordance with the
following age groupings:
1) A
caregiver and two assistants shall be present at all times when there are more
than 12 children in the home.
2)
When a caregiver, a full-time assistant (age 18 and older), and a part-time
assistant (as described in Section
408.50 (b)) are
present, care may be provided for four additional school-age children. The care
of school-age children is limited to children who attend school full-time,
before and/or after school, when school is not in session, and when the
provider's own school-age children come home sick.
3) Through July 1, 2025, when a caregiver and
two adult assistants (age 18 and older) who meet the requirements listed in
Section 408.50 are present, care may be
provided for two additional children who are 30 months of age or older, as well
as two additional children who are attending school full-time.
A) The care of school-age children is limited
to those times listed in Section
408.65(c)(2).
B) Both adult assistants shall be present at
all times when providing care for two additional children who are 30 months of
age or older.
4) When a
licensee or permit holder has been granted the extended capacity of four
additional children in writing, the licensee's own full-time school-age
children shall be counted in the additional school-age children when there are
more than 12 children in care, and two qualified assistants are
present.
5) The total capacity of
the group home with an approved extended capacity shall not exceed 16
children.
d) The maximum
number of children receiving night care shall be 12 children and groupings
shall be consistent with subsections (a) and (b).
e) In the event of a brief unforeseen school
closing, the licensee 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 16
children. The licensee shall maintain a record of the dates, names and ages of
the children for whom this care was provided.
f) When 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.
