Current through Register Vol. 46, No. 39, September 25, 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 registrant
must obtain the written permission to do so from a parent of each child
receiving evening or night care in the 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 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 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) 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.
(3) 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 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
417.5(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 family day care home must continue to meet
the supervision requirements of this section 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 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 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 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.
