Current through Register Vol. 46, No. 52, December 24, 2024
(a) Children cannot be left without competent
supervision at any time. Competent supervision includes awareness of and
responsibility for the ongoing activity of each child. It requires that all
children be within a caregiver's range of vision except as provided in
subdivision (b) of this section and that the caregiver be near enough to
respond when redirection or intervention strategies are needed. Competent
supervision must take into account the child's age, emotional, physical and
cognitive development.
(b) Children
may be outside a caregiver's range of vision only as follows:
(1) With the prior written permission of the
parent, children who are napping or sleeping may do so in a room where an awake
approved caregiver is not present, the doors to all rooms must be open; the
approved caregiver must remain on the same floor as the children; and a
functioning electronic monitor must be used in any room where children are
sleeping or napping and an awake approved caregiver is not present.
(2) When a functioning electronic monitor is
in use, napping and sleeping children must be physically checked every 15
minutes to assess the overall safety and well-being of the children and to make
sure infants' faces are uncovered. The checks must be done in close physical
proximity to the child.
(3) For
evening and night care, the caregiver may sleep while the children are sleeping
only if functional electronic monitors are in use in each room where children
are sleeping. The licensee must obtain the written permission to do so from a
parent of each child receiving evening or night care in the group family day
care home. In the event written permission is not obtained from all parents,
the caregiver must remain awake at all times and physically check sleeping
children every 15 minutes to assess the overall safety and well-being of the
children and to make sure infants' faces are uncovered. The checks must be done
in close physical proximity to the child.
(4) Children who are able to toilet
independently, including fastening and unfastening clothing, wiping themselves,
flushing the toilet, and washing their hands, may use a bathroom on another
floor for a short period of time without direct adult supervision.
(5) With the written permission of the
parents, a program may allow school-aged children to participate in activities
outside of the direct supervision of a caregiver. Such activities must occur on
the premises of the group family day care home. A caregiver must visually check
such children every 15 minutes.
(c) Any electronic monitor or surveillance
equipment used to take images, monitor or record children in day care may not
be used as a substitute for competent direct supervision of children.
(d) Only approved caregivers may be left
unsupervised with day care children.
(e) The provider must be the primary
caregiver of children in a group family day care home.
(f) The assistant(s) must also be caring for
children whenever the numbers and ages of children in care dictate that an
assistant be present.
(g) The
provider may be absent for short or long term absences under the following
conditions:
(1) When the provider is absent
for three or fewer consecutive days, the office does not need to be notified in
advance; however the program must keep a written record of the caregiver
present in place of the absent provider.
(2) When the provider is absent for more than
three consecutive days or has reason to be absent on a recurring basis, the
office must be notified in advance and the program must keep a written record
of the caregiver present in place of the absent provider.
(h) With written office approval, an approved
assistant will be permitted to work in place of the provider for long-term
absences for up to a total of 30 cumulative days per year.
(i) In other than emergency situations such
as illness or accident, parents must be notified in writing two weeks prior to
any long-term absence of the provider. This notice must include specific start
and end dates of the absence and who will be taking the provider's place in the
day care program.
(j)
Supervision ratios.
(1) One
caregiver may care for a maximum of six children younger than school age, or
eight children when at least two of the eight children are school
aged.
(2) Two caregivers must be
present when more than six children, none of whom are school age, are in
care.
(3) When care is provided for
children under the age of two years, there must be at least one caregiver
present for every two children under the age of two years in
attendance.
(4) For the purposes of
off-site activities or transportation, if the group of children is divided, the
ratio requirements must be maintained.
(k) A provider must be approved by the office
or its representatives prior to assuming the role in any group family day care
program.
(m) The
use of any type of device for social or entertainment purposes, listening to
music on headphones, playing screen games, using the internet, or making
personal calls by caregivers while supervising children is prohibited. Use of
any devices for brief and necessary communications or purposes directly related
to the child care program such as communication with parents or the office and
its representatives is allowable.
(n) With the prior written permission of the
parents, programs meeting the requirements of section
416.5(g) of this
Part may allow children in day care to participate in residential pool
activities providing the following supervision criteria are met:
(1) The program must develop a plan of
supervision which ensures that there is a person supervising the children in
the pool at all times children are using the pool.
(2) The person supervising the use of the
pool must be able to swim.
(3)
Where some children in care are using the pool and others are not using the
pool, the plan of supervision must ensure that there will be adequate and
appropriate supervision of the children using the pool and those not using the
pool. While the pool is in use, the group family day care home must continue to
meet the supervision requirements for all children in care, including children
involved in pool activities.
(4)
Any person supervising children in pools must possess a current Cardiopulmonary
Resuscitation Certification (CPR) or equivalent certification, as approved by
the office and appropriate to the ages of the children in care.
(o)
Releasing children from
care.
(1) No child can be released from
the group family day care home to any person other than his or her parent,
person(s) currently designated in writing by such parent to receive the child,
or other person authorized by law to take custody of a child.
(2) No child can be released from the program
unsupervised except upon written permission of the child's parent. Such
permission must be acceptable to the program and should take into consideration
such factors as the child's age and maturity, proximity to his or her home, and
safety of the neighborhood.
(3)
When transportation is provided as a service by the program, no child can be
released from the day care program directly to the child's home or other
destination without first verifying that the parent or person(s) designated by
the parent to receive the child is present at that destination to receive the
child.
(p)
Visitor
control procedures.
(1) Each group
family day care home shall require visitors to the home to:
(i) sign in upon entry to the
premises;
(ii) indicate in writing
the date of the visit and the time of entry to the home;
(iii) clearly state in writing the purpose of
the visit; and
(iv) sign out upon
departure from the home indicating in writing the time of departure.
(2) Each group family day care
home shall establish written rules and policies as are necessary to provide for
monitoring and control of visitors to protect the health, safety and welfare of
children in care.
