Current through Register Vol. 48, No. 12, March 22, 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. 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.
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 if, when there are more than 8 children in
care, a qualified assistant is present.
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 an assistant shall be 12 except
when extended capacity is considered under condition in Section
408.65(c).
The maximum number includes the caregiver's own children, related children and
unrelated children under age 12 living in the home. 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) No more
than 12 children under 12 years of age of which no more than 6 children may be
under 30 months of age, of which no more than 4 children may be under 15 months
of age.
c) Extended
Capacity
1) A caregiver, a full-time
assistant and a part-time before and/or after school assistant is employed may
care for 4 additional children who are attending school full-time. The
assistant shall be present at all times when school children are present and
there are more than 12 children in the home.
2) 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) 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 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 16
children. The caregiver 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.