North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-03 - Community Services
Chapter 75-03-10 - Child Care Center Early Childhood Services
Section 75-03-10-24 - Specialized types of care and minimum requirements
Universal Citation: ND Admin Code ยง 75-03-10-24
Current through Supplement No. 394, October, 2024
1. Infant care.
a. Environment and interactions.
(1) A child care center serving children from
birth to twelve months shall provide an environment which protects the children
from physical harm.
(2) The
operator shall ensure that each infant receives positive stimulation and verbal
interaction with a staff member responsible for caring for or teaching children
or mergency designee such as the staff member or emergency designee holding,
rocking, talking with, or singing to the child.
(3) A staff member shall respond to comfort
an infant's or toddler's physical and emotional distress:
(a) Especially when indicated by crying or
due to conditions such as hunger, fatigue, wet or soiled diapers, fear,
teething, or illness; and
(b)
Through positive actions such as feeding, diapering, holding, touching,
smiling, talking, singing, or eye contact.
(4) The operator shall ensure that infants
have frequent and extended opportunities during each day for freedom of
movement, including creeping or crawling in a safe, clean, open, uncluttered
area.
(5) Staff members responsible
for caring for or teaching children shall take children outdoors or to other
areas within the child care center for a part of each day to provide children
with some change of physical surroundings and to allow them to interact with
other children.
(6) The operator
shall ensure that low chairs and tables, high chairs with trays, or other
age-appropriate seating systems are provided for mealtime for infants no longer
being held for feeding. High chairs, if used, must have a wide base and a
safety strap.
(7) The operator
shall ensure that infants are not shaken or jostled.
(8) The operator shall ensure that
thermometers, pacifiers, teething toys, and similar objects are cleaned and
sanitized between uses. Pacifiers may not be shared.
b. Feeding.
(1) The operator shall ensure that infants
are provided developmentally appropriate nutritious foods. Only breast milk or
iron-fortified infant formula may be fed to infants less than six months of
age, unless otherwise instructed in writing by the infant's parent or medical
provider in writing.
(2) The
operator shall ensure that infants are fed only the specific brand of
iron-fortified infant formula requested by the parent. Staff members shall use
brand-specific mixing instructions unless alternative mixing instructions are
directed by a child's medical provider in writing.
(3) The operator shall ensure that mixed
formula that has been unrefrigerated more than one hour is discarded.
(4) The operator shall ensure that frozen
breast milk is thawed under cool running tap water, or in the refrigerator in
amounts needed. Unused, thawed breast milk must be discarded or given to the
parent within twenty-four hours.
(5) The operator shall ensure that an infant
is not fed by propping the bottle.
(6) The operator shall ensure that cereal and
other nonliquids or suspensions are only fed to an infant through a bottle on
the written orders of the child's medical provider.
(7) The operator shall ensure that staff
members responsible for caring for or teaching children, emergency designee, or
substitute staff are within sight and hearing range of an infant during the
infant's feeding or eating process.
c. Diapering.
(1) The operator shall ensure that there is a
designated cleanable diapering area, located separately from food preparation
and serving areas in the child care center if children requiring diapering are
in care.
(2) The operator shall
ensure that diapers are changed promptly and in a sanitary manner when
needed.
(3) Diapers must be changed
on a nonporous surface area which must be cleaned and disinfected after each
diapering.
(4) The operator shall
ensure that soiled or wet diapers are stored in a sanitary, covered container,
separate from other garbage and waste until removed from the child care
center.
d. Sleeping.
(1) The operator shall ensure that infants
are placed on their back initially when sleeping to lower the risk of sudden
infant death syndrome, unless the infant's parent has provided a note from the
infant's medical provider specifying otherwise. The infant's face must remain
uncovered when sleeping.
(2) The
operator shall ensure that infants sleep in a crib with a firm mattress or in a
portable crib with the manufacturer's pad that meets consumer product safety
commission standards.
(3) The
operator shall ensure that if an infant falls asleep while not in a crib, the
infant must be moved immediately to a crib or portable crib, unless the
infant's parent has provided a note from the infant's medical provider
specifying otherwise.
(4) Water
beds, adult beds, sofas, pillows, soft mattresses, and other soft surfaces are
prohibited as infant sleeping surfaces.
(5) The operator shall ensure that all items
are removed from and that no toys or objects are hung over or attached to the
crib or portable crib when an infant is sleeping or preparing to sleep. With
written parental permission, the provider may place one individual infant
blanket or sleep sack, a pacifier, and a security item that does not pose a
risk of suffocation to the infant in the crib or portable crib while the infant
is sleeping or preparing to sleep.
(6) The operator shall ensure that a staff
member responsible for caring for or teaching children checks on sleeping
infants regularly and that a monitor is in the room with the infants, unless a
staff member is in the room with the infants while the infants are
sleeping.
e. The operator
shall ensure that parents of each infant receive a written daily report
detailing the infant's sleeping and eating processes for the day, and the
infant's diapering schedule for the day.
2. Night care.
a. Any child care center offering night care
shall provide program modifications for the needs of children and their parents
during the night.
b. In
consultation with parents, attention must be given by the staff member
responsible for caring for or teaching children to provide a transition into
this type of care appropriate to the child's needs.
c. The operator shall encourage parents to
leave their children in care and pick them up before and after their normal
sleeping period when practical, to ensure minimal disturbance of the child
during sleep, with consideration given to the parent's work schedule.
d. The operator shall ensure that children
under the age of six are supervised when bathing.
e. The operator shall ensure that comfortable
beds, cots, or cribs, complete with a mattress or pad, are available.
f. The operator shall require each child in
night care to have night clothing and a toothbrush marked for
identification.
g. The operator
shall ensure that during sleeping hours, staff members are awake and within
hearing range to provide for the needs of children and to respond to an
emergency.
3. Drop-in child care.
a. If a child care center serves
drop-in children, schoolchildren, or before-school and afterschool children,
the child care center must be sufficiently staffed to effectively handle
admission records and explain the policies and procedures of the child care
center and to maintain the proper staff member to child ratio.
b. The operator shall ensure that the program
reflects the individual needs of the children who are provided drop-in
care.
c. The operator shall ensure
that admission records comply with all enrollment requirements contained in
section 75-03-10-22.
d. The operator shall ensure that admittance
procedures provide for a period of individual attention for the child to
acquaint the child with the child care center, its equipment, and the staff
members.
e. A child care center may
not receive drop-in care or part-time children who, when added to the children
in regular attendance, cause the child care center to exceed the total number
of children for which the child care center is licensed.
4. An operator shall ensure that a child care center serving only drop-in care children complies with this chapter, but is exempt from the following provisions:
a. The
maximum group size requirements listed in section
75-03-10-08;
b. Subsections 5, 9, 12, 13, 14, 15, and 19
of section
75-03-10-20; subsections 6 and 7
of section
75-03-10-21; subdivision f of
subsection 2 of section
75-03-10-22; and subsection 1 of
section 75-03-10-25; and
c. A child care center serving only drop-in
care children is exempt from the outdoor space
requirements.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-08
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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