Current through Register No. 40, October 3, 2024
(a) Programs
that opt to allow child care staff to take children on routine or unplanned
local trips, such as walks in the neighborhood, trips to the local library, or
other routine errands, shall obtain a signed and dated general permission slip
from each child's parent, which specifies all approved destinations and
activities.
(b) Child care staff
who take the children off the premises for trips under (a) above shall call
parents or post a notice at the program, informing parents of the destination
and route of any unplanned trips, and the estimated time of return to the
program.
(c) The center director,
site director, or family child care provider shall obtain a signed and dated
authorization form from each child's parents prior to allowing a child to
participate in any water activities on or off the premises of the program, or
any field trip off the premises of the program.
(d) The parental authorization form required
in (c) above shall be retained by the program and available for review by the
department for a minimum of 6 months after the date of the last water activity
or field trip covered by the permission slip, and include:
(1) For water activities, the date(s) and
destination(s) covered by the permission slip, whether the child can swim, and
the child's fear, or lack of fear about swimming, or being in, or near the
water; and
(2) For all other field
trips, the date(s), destination(s), and activities covered by the permission
slip.
(e) Whenever the
program provides transportation, it shall ensure that:
(1) Any vehicle used for transportation of
children is registered and inspected in accordance with the laws of the state
of New Hampshire;
(2) The vehicle
is maintained in a safe operating condition, and is clean and free of
obstructions on the floors and seats, and any sharp, heavy, or potentially
dangerous objects are placed in the trunk or cargo area and securely
restrained;
(3) The operator of any
vehicle transporting children is at least 18 years old and holds a valid
driver's license;
(4) The driver
and any other attendants on the vehicle have received training in the safe
transportation of children;
(5) The
driver of the vehicle is alert and not distracted by telephone, radio, or other
communications; and
(6) The driver
of the vehicle takes attendance before and after each trip and conducts a
complete vehicle inspection after every trip to ensure that no child is left
alone in a vehicle at any time.
(f) Child care staff shall not permit any
child to remain in any vehicle unattended by staff of the child care
program.
(g) Any vehicle used to
transport children, whether owned by the program, a child care staff member or
by a parent who is transporting children other than his or her own, shall have
proof of current liability insurance.
(h) Child care staff shall ensure:
(1) The number of children riding in any
vehicle does not exceed the number of persons the vehicle is designed to carry;
(2) Individual, age appropriate
child restraints or seat belts are provided for and used by each child in
accordance with RSA
265:107-a, and the driver and any other
adults shall use their seatbelts when transporting children; and
(3) All children remain seated when the
vehicle is in operation.
(i) Child care staff shall carry on all field
trips:
(1) A copy of each child's registration
and emergency information forms;
(2) A first aid kit in the vehicle whenever
children are present;
(3) A copy of
the parental permission slip for the field trip;
(4) An attendance sheet documentation that
staff accounted for each child every time they entered or exited the
vehicle;
(5) All emergency and
currently prescribed child medications, as applicable; and
(6) In each vehicle, a form that includes the
program name, address, and phone number.
(j) There shall be a working cell phone or
other mechanism for making emergency telephone calls available in each vehicle
during transport.
(k) All swimming
pools and wading pools on the premises of the child care program and used as
part of the child care operations shall be supervised in accordance with the
following:
(1) Child care staff shall
supervise children at all times when they have access to wading pools that have
water in them;
(2) Child care staff
shall not allow children inside the wading pool, swimming pool area, or in the
swimming pool without adult supervision; and
(3) There shall be at least one staff person
who is currently certified in CPR and who has completed a water safety training
within the previous 3 years present with the children at all times during any
water activity, and whenever children have access to swimming pools or other
bodies of water.
(l)
When children are engaged in water activities, an adult who is able to swim
shall be present with children at all times.
(m) Child care staff who are responsible for
children engaged in water activities shall be able and willing to immediately
respond to any child in the water who needs assistance.
(n) Lifeguards, swimming instructors, and
similar individuals not employed by the program shall not be considered as
staff to meet required staff to child ratios and supervision unless the
lifeguard, swimming instructor, or other individual is responsible only for the
children participating in the field trip.
(o) In center-based programs, the center
director or site director shall require that:
(1) For routine daily transportation and
other routine or unplanned trips such as walks in the neighborhood and trips to
the local library, child care staff shall comply with the staff to child ratios
and minimum staffing requirements specified in:
a.
He-C
4002.37 for infant and toddler programs;
b.
He-C
4002.39 for school-age programs; and
c.
He-C
4002.36 for all other center-based programs;
and
(2) For all other
field trips and for all water activities:
a.
For each group of children specified in (p) and (q) below, at least one staff
person shall meet the qualifications for the position of group leader for
school-age programs and associate teacher for all other center-based programs
as specified in He-C 4002.35 or be an assistant
teacher or volunteer and at least 21 years of age;
b. Notwithstanding a. above and with the
exception of child care staff, other adults present to meet staff to child
ratios shall be at least 18 years of age; and
c. Center-based child care staff shall comply
with the staff qualification requirements specified in
He-C
4002.35.
(p) Center-based programs shall staff water
activities in accordance with the following:
(1) For children ages 24 to 35 months the
maximum group size shall be 8 children, with a ratio of one staff to 2
children;
(2) For children ages 36
to 47 months the maximum group size shall be 12 children, with a ratio of one
staff to 4 children;
(3) For
children ages 48 to 59 months the maximum group size shall be 18 children, with
a ratio of one staff to 6 children; and
(4) For children ages 56 months and older, if
licensed as a school age program, the maximum group size shall be 24 children,
with a ratio of one staff to 8 children.
(q) Center-based programs shall staff field
trips in accordance with the following:
(1)
For children 18 months and younger the maximum group size shall be 6 children,
and the ratio shall be one staff to 3 children;
(2) For children ages 19 to 35 months the
maximum group size shall be 12 children, with a ratio of one staff to 4
children;
(3) For children ages 36
to 47 months the maximum group size shall be 18 children, with a ratio of one
staff to 6 children;
(4) For
children ages 48 to 59 months the maximum group size shall be 20 children, with
a ratio of one staff to 8 children; and
(5) For children ages 56 months and older, if
licensed as a school age program, the maximum group size shall be 24 children,
with a ratio of one staff to 10 children.
(r) In a center-based program, the staff to
child ratio and maximum group size for a mixed age group of children
participating in any field trip or water activity shall be based on the age of
the youngest child in the group.
(s) Programs may exceed the maximum group
size specified in (p) above for water activities and (q) above for all other
field trips only:
(1) During transportation
to the field trip or water activity;
(2) At snack or meal times during the field
trip or water activity; and
(3)
During water activities where certified lifeguards or water safety instructors
are present and exclusively supervising the water activities of the children in
care of the program.
(t)
In a family or family group child care home, for all field trips and for water
activities in swimming pools located on the licensed premises or off-site, such
as the private residence of a friend or neighbor, child care staff shall comply
with the staffing requirements specified in
He-C
4002.34.
(u) In a family or family group child care
home, for all water activities on or off the premises of the program, other
than water activities specified in (t) above, child care staff shall comply
with the staffing requirements specified in
He-C
4002.34, and the minimum staff to child ratios and
staffing levels as follows:
(1) There shall
be one staff member for every 2 children, 35 months and younger, and the staff
for this age group shall be responsible only for the children in this age
group; and
(2) For children age 36
months and older:
a. There shall be one staff
member for up to 6 children;
b.
There shall be 2 staff members for 7 to 12 children; and
c. There shall be 3 staff members for 13 to
17 children.
(v) Programs shall comply with the following:
(1) Child care staff meeting the requirements
of at least a group leader in a school-age program, associate teacher in all
other center-based programs as specified in
He-C
4002.35, or family child care worker in family based
programs as specified in
He-C
4002.34 shall be designated as in charge and present
during any water activity or field trip;
(2) All child care staff participating in any
water activity or field trip shall be aware of the identity of the person
designated in charge;
(3) At least
one staff person who has successfully completed a basic water safety course
within 3 years prior to the water activity shall be present during any water
activity for every 12 children; and
(4) Each child care staff and other adult
participating in any field trip or water activity shall:
a. Be assigned primary responsibility for a
specific group of children;
b. Be
provided with and bring with them during the field trip or water activity a
written list of the names of the children for whom they have been assigned
primary responsibility;
c. Conduct
head counts of children they are responsible for as often as is necessary to
ensure that all children are present and accounted for at all times;
and
d. Be trained or instructed in
supervision requirements and all requirements specified in this
section.
(w)
Except during swimming activities conducted by a qualified swim instructor, a
person certified in water safety and rescue, or a lifeguard, child care in all
programs shall prohibit each child who cannot swim from going into water that
reaches higher than his or her navel.
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by
#6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by
#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by
#9310, eff 11-23-08
