Current through Register 1531, September 27, 2024
The following requirements apply to all programs, including
family child care, small group and school age and large group and school age
child care. Additional requirements for family child care are found at 606 CMR
7.10(6) and (7). Additional requirements for small group and school age child
care are found at 606 CMR 7.10(7) and (8). Additional requirements for large
group and school age child care are found at 606 CMR 7.10(8) and (9).
(1) The licensee must maintain sufficient
numbers of qualified staff to promote the health, safety, growth and
development of each child. Assignment of staff must take into account the
physical environment, requirements of the activities children are engaged in,
and the developmental levels and behavioral traits of children in
care.
(2)
Ratios. The program must have the number of educators
necessary to:
(a) ensure adequate supervision
of the group at all times;
(b)
provide individual attention to children; and
(c) promote their physical, social, emotional
and cognitive development.
(3)
Staff to be Included in
Ratios.
(a) For purposes of
calculating staff: child ratios, staff shall include only those EEC-qualified
persons who are assigned to care for children for specific hours of the
day.
(b) Volunteers and student
interns shall not be included in staff: child ratios unless they are at least
16 years of age (in Small and Large Group and School Age Child Care) or at
least 18 years of age (in Family Child Care) and are assigned to the program
for at least three months.
(4)
Multi-age
Grouping. A group of children ranging in age from birth through 13
years (or 16 years, if such children have special needs), may be assigned on an
ongoing basis to a single group, provided all provisions of 606 CMR 7.10(4) are
met. The Multi-age Grouping ratios and group sizes specified at 606 CMR
7.10(4)(d) through (h) may be used by:
(a)
family child care and small group and school age child care programs;
(b) large group and school age child care
programs during the initial two hours and final two hours of the program day,
if:
1. the program operates more than seven
hours per day, and
2. educators
meet the qualifications required of educators in large group and school age
child care programs;
(c)
large group and school age child care programs during the entire program day
when approved by the Department.
1. A large
group and school age child care program may apply for and receive approval of a
single full day Multi-age Group when it can demonstrate that:
a. the developmental needs of every child in
the Multi-age Group can be met in that setting;
b. the program's physical environment is
sufficiently self-contained to allow the benefits of a "family setting" within
a larger, center based program.
2. The Department may approve additional
Multi-age Groups within a large group and school age child care program if the
licensee can demonstrate, to the satisfaction of the Department, that the
initial Multi-age Group has operated successfully for at least one year.
|
Regulation Number |
Group Size |
Minimum Number of Educators
Present |
Limits on Ages of Children |
|
606 CMR 7.10(4)(d) |
six or fewer children |
one educator |
No more than three children younger than two years
old, including at least one toddler who is walking independently. Additional
children must be older than 24 months. |
|
606 CMR 7.10(4)(e) |
seven or eight children |
one educator |
No more than three children younger than two years
old, including at least one toddler who is walking independently. Additional
children must be older than 24 months. All children over capacity of six must
be school age. |
|
606 CMR 7.10(4)(f) |
six or fewer children |
two educators |
No more than six children younger than two years
old. |
|
606 CMR 7.10(4)(g) |
seven - ten children |
two educators |
No more than six children younger than two years old,
including no more than three infants. |
|
606 CMR 7.10(4)(h) |
seven-ten children |
three educators |
No more than six infants. Additional children must be
15 months of age or older. |
(5)
Supervision of
Children. In addition to interacting with children as required by
606 CMR
7.05, all licensees and educators must
exercise appropriate supervision of the children in their care in order to
ensure their health and safety at all times. Such supervision must include, but
not be limited to, indoor and outdoor activities, mealtimes, naptime,
transportation, field trips, and transitions between activities.
(a) Children younger than six months of age
at the time of enrollment must be under direct visual supervision at all times,
including while napping, during the first six weeks they are in care.
(b) Licensees and educators must use good
judgment at all times and must consider the following factors when determining
the appropriate level of supervision:
1. the
chronological age and developmental needs of each child;
2. the behavioral characteristics of each
child;
3. the number of educators
supervising each group and their qualifications;
4. the environment and its impact upon the
educator's ability to see and/or hear children; and
5. the nature of the activity and the
materials and equipment used.
(c) Educators must be in sufficient proximity
to children at all times in order to be able to intervene quickly when
necessary.
(d) Educators must be
positioned to maximize their ability to see and/or hear children in their
care.
(e) Educators must be aware
of children's activities at all times.
(f) Educators must not engage in any other
activities or tasks that could unnecessarily divert their attention from
supervising the children.
(g) In
programs serving infants and toddlers, educators must not leave a child
unattended in an infant seat, on a changing table, or any other surface that
could result in a fall.
(h) No
child may be outdoors without appropriate adult supervision as set forth in 606
CMR 7.10(5)(b).
(i) As provided at
606 CMR
7.13(3)(i), a child must
never be left unattended in a vehicle.
(j) Children age seven or older may, with
written parental consent, participate in activities within the approved indoor
space without constant visual supervision by the educator. The educator must be
aware of the child's location, monitor the child's activity at regular
intervals based on the factors in 606 CMR 7.10(5)(b), be readily available to
assist children, as needed, and be able to respond immediately to an emergency
situation.
(k) Children age nine or
older may leave the premises with written parent and educator consent, provided
that the consent specifies the day and time the child will leave, the time the
child will return, if applicable, the method of transportation the child will
use, and the parent's responsibility for the child once he or she leaves the
premises.
(6)
Additional Provisions for Family Child Care.
Notwithstanding 606 CMR 7.10(5)(h):
(a)
children five years of age or older may be allowed to engage in outdoor
activities unaccompanied by the educator if:
1. the outdoor play space is located on the
family child care premises of a single family or first floor residence, and is
enclosed by a fence at least four feet high; and
2. the children are observed by the caregiver
every 15 minutes;
3. the time
unaccompanied by the provider does not exceed one hour; and
4. the parents have given written
permission.
(b) Children
age seven or older may, with written parental consent, participate in
activities within the approved outdoor space unaccompanied by the provider if
the educator:
1. is aware of the child's
location;
2. monitors the child's
activity at regular intervals based on the factors in 606 CMR
7.10(5)(b);
3. is readily available
to assist the children, as needed; and
4. is able to respond immediately to an
emergency situation.
(7)
Additional Requirements for
Family Child Care and Small Group and School Age Child Care.
(a) Except as provided at 606 CMR 7.10(5)(i),
children must always be on the same floor level as the educator.
(b) Except when attending to their personal
hygiene needs, educators must be actively engaged in child care and education
activities during all times when children are in care.
(c) Educators must ensure that infants and
toddlers are placed in a safe location when educators are unable to maintain
direct eye contact with them for any reason.
(d) The educator must visually observe
napping children at least every 15 minutes. When children are placed in a
separate room for naps, the door must remain ajar.
(8)
Additional Provisions for
Small Group and School Age and Large Group and School Age Child
Care.
(a) Notwithstanding the
provisions of 606 CMR 7.10(5)(j), the educator must accompany children to the
bathroom whenever toilet facilities used by the children in care are also
available to the public. When toilet facilities are used exclusively by the
licensee's program and are not available to the public, an individual child of
the appropriate age may, with permission from the educator, go to the bathroom
independently. The educator may only allow one child at a time to use the
bathroom independently.
(b)
Whenever more than one educator is providing care:
1. the Licensee must establish a written
schedule listing all persons on duty, including volunteers. The schedule must
show compliance with at least the minimum educator ratios at all times,
including during breaks and planning time;
2. the Licensee must keep the schedule
current and posted in an area easily visible to educators, parents and
visitors.
(c)
Notwithstanding the staff: child ratios provided at 606 CMR 7.10(4), there must
always be a second adult trained in the program's health care and emergency
procedures immediately available in case of an emergency.
(9)
Additional Provisions for
Large Group and School Age Child Care.
(a)
Group Assignment of
Children.
1. All group
assignments must be developmentally appropriate for the individual
child.
2. The group size must be
appropriate for the activities planned and for the characteristics of children
assigned to the group.
3. Each
child must be assigned to a consistent group with consistent
staffing.
4. Notwithstanding the
definitions of infant, toddler, preschool or school age child, children may be
assigned to fixed age groups outside their chronologically defined age group
based on a review of the child's most recent progress report or a narrative
from the child's parent addressing the child's abilities in the areas of
mobility, fine and gross motor control, communication, social interactions and
cognition.
5. Whenever a child is
considered for assignment in a fixed age group outside his chronologically
defined age group, the licensee must:
a.
consult with the child's parents, seek input into the group assignment
decision, and obtain the parent's approval;
b. consider and document:
i. the specific reasons why the alternative
group assignment is proposed;
ii.
the child's ability to effectively participate in the proposed group's
activities; and
iii. the ability of
the group to accommodate the child's needs and behaviors;
c. ensure that the ages of children within
the proposed group are not so divergent as to inhibit the child's growth and
development;
d. ensure that a child
is assigned to the next younger or next older chronologically defined age
group;
e. document:
i. a monthly review of the child's adjustment
to the group until the child reaches the minimum chronologically defined age of
the group, if the child is younger than the defined age; or
ii. a monthly review of the child's skill
development and a transition plan showing how and when the child will be moved
to a group consistent with the child's chronological age, if the child is older
than the defined maximum age of the group.
6. No more than two children outside the
chronologically defined age range may be assigned to a fixed age
group.
(b)
Fixed Age Groups. Children may be assigned to groups
with others within their same age range, as specified by the Department
provided the requirements of 606 CMR 7.10(9)(b)1. through 6. are met. The fixed
age group ratios and groupings below may be used by large group and school age
child care programs.
|
Regulation Number |
Age Group/Full or Half Day
Program |
Maximum
Group Size |
Educator/Child Ratio |
Educator Qualifications |
|
606 CMR 7.10(9)(b)1. |
Infants (up to 15 months old) (Full or Half
Day) |
7 |
1: 3, one additional educator for four - seven
infants |
At least one Infant/Toddler Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(b)2. |
Toddlers (15 to 33 months) (Full or Half
Day) |
9 |
1:4, one additional educator for five - nine
toddlers |
At least one Infant/Toddler Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(b)3. |
Preschoolers 33 months to school age (Full
Day) |
20 |
1:10 |
At least one Preschool Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9) (b |
Preschoolers 33 months to school age (Half
Day) |
24 |
1:12 |
At least one Preschool Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(b)5. |
Kindergarten (attending first grade the following
year) |
30 |
1:15 |
At least one Preschool Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(b)6. |
School Age |
26 |
1:13 |
At least one Group Leader, per
606 CMR
7.09(19)(a)2. |
(c)
Mixed Age Groups. The mixed age group ratios and
groupings may be used:
|
Regulation Number |
Age Group |
Maximum
Group Size |
Educator / Child Ratio |
Educator Qualifications |
|
606 CMR 7.10(9)(c)1. |
Infant / Toddler Group |
9; no more than three infants |
1:3; one additional educator for four - nine
children |
At least one Infant/ Toddler Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(c)2. |
Toddler / Preschool Group |
9 |
1:5; one additional educator for six - nine
children |
At least one Infant/Toddler and Preschool Teacher,
per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(c)3. |
Preschool / School Age Group |
20; maximum age is eight |
1:10 |
At least one Preschool Teacher, per
606 CMR
7.09(18)(c)2. |
|
606 CMR 7.10(9)(c)4. |
Kindergarten / School Age Group |
26 |
1:13 |
Group Leader, per
606 CMR
7.09(19)(a)2. |
