West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-01 - Child Care Center Licensing Requirements
Section 78-1-10 - Supervision of Children in Groups
Universal Citation: 78 WV Code of State Rules 78-1-10
Current through Register Vol. XLI, No. 38, September 20, 2024
10.1. A center shall ensure that:
10.1.a. The children have adequate
supervision at all times;
10.1.b.
Staff members are awake and performing their duties during work
hours;
10.1.c. When a play area is
used that is accessible to the public, the boundaries of the play area are
clearly marked and known to the children;
10.1.d. The children remain in areas approved
for daily program activities and do not go into other areas including the
kitchen, unless it is part of the planned, supervised experience; and
10.1.e. Children are accompanied by staff
when utilizing public restroom or restrooms at the center that the general
public is permitted to use.
10.2. Children shall be assigned to distinct groups according to the following:
10.2.a.
Each group shall be assigned a room or area of a room as a home base, even if
the group moves to other areas, inside and outside a center, for daily
activities;
10.2.b. When more than
one group of children up to school-age uses the same room, a center shall
divide the room into a designated activity area for each group;
10.2.c. A center shall separate indoor areas
regularly occupied by older children from children 24 months of age and
under;
10.2.d. A center shall
ensure that a common outdoor area is not regularly used at the same time by
groups of school-age children and by groups five years of age and
younger;
10.2.e. During brief
times, not to exceed 30 minutes, when children are normally arriving and
departing, and for short periods of scheduled activities such as eating, the
center may combine groups of children, including groups of children 24 months
and under and groups of older children; and
10.2.f. During short periods of time for
special occasions such as field trips, the center may combine school-age groups
of children with children over the age of 24 months.
10.3. Staff-to-Child Ratios.
10.3.a. When children are on the premises, a
center shall ensure that at least two staff members are on duty at all
times.
10.3.b. When only one
qualified staff person is required to meet ratios at the beginning and end of
the day, the second staff member may be a support staff member who is readily
available in case of emergencies. A center shall ensure that while children are
on the premises, the qualified staff member has completed a course in child
first aid and has current certification in pediatric CPR.
10.3.c. A center shall assign each group of
children to a qualified staff member or team of qualified staff members,
maintaining at all times the staff-to-child ratios required under this rule.
When groups are combined, a center shall continue to maintain the
staff-to-child ratios required under this rule.
10.3.d. When more than one qualified staff
member is assigned to a group, a center shall designate one qualified staff
member as group leader with responsibility for planning the activities of the
group to ensure that each child in the group receives developmentally
appropriate care and adequate supervision on a day-to-day basis.
10.3.e. When only one qualified staff member
is assigned to a group, there shall be a plan enabling the qualified staff
member to call a second staff member for help without leaving the
group.
10.3.f. In determining and
maintaining the staff-to-child ratio, a center shall not include any qualified
staff member who is performing other duties such as cooking, bookkeeping, or
life-guarding; or another individual with designated responsibility for a
special activity; or a support staff member who is not directly working with
the children except in an emergency situation when staff may be reassigned to
supervise the children.
10.3.g. In
determining and maintaining the staff-to-child ratio, a center shall have a
plan to ensure that a qualified substitute is available if needed and is
available when a staff person is absent for longer than a continuous two-week
period.
10.4. A student intern who is at least 17 years of age, a Youth Apprentice, and in the second year of classes in the Child Development Specialist program approved by the WV Department of Education may count in the staff-to-child ratio but may not work alone.
10.5. A center shall group children and consider their ages when determining the staff-to-child ratio as follows:
10.5.a. A center shall count each
child 12 years of age and under who is present and being cared for in the child
care center, including a child of the director or a staff member, and shall not
consider a teen aide to be a child;
10.5.b. When children are at the center, the
center may use either a single grouping or a mixed-age combination to calculate
the ratio according to the following:
10.5.b.1. For each singe-age group at a
center, the center shall maintain the staff-to-child ratio and group size
described in Table A of Appendix 78-1-E of this rule;
10.5.b.2. For each mixed age group at a
center, the center shall maintain the staff-to-child ratio and group size
described in Table A of Appendix 78-1-E of this rule for the youngest child in
the group; and
10.5.b.3. When
providing evening and nighttime care, a center shall maintain the
staff-to-child ratio and group size described in Table A of Appendix 78-1-E of
this rule. In addition, a center shall ensure that:
10.5.b.3.A. At least one qualified staff
member is in each room visually supervising the children at all times and
checking at least hourly on each sleeping child; and
10.5.b.3.B. Each qualified staff member
required to meet the staff-to-child ratio is on the premises and within calling
distance of the rooms occupied by the children.
10.5.c. Special circumstances with
staff-to-child ratio are:
10.5.c.1. During nap
time or sleep time:
10.5.c.1.A. For groups of
children 12 months of age and under, a center shall ensure that each qualified
staff member required to meet the staff-to-child ratio described in Table A of
Appendix 78-1-E of this rule, is present in the nap or sleep area and able to
see and hear all of the children at all times; and
10.5.c.1.B. For groups of children over 12
months of age who participate in a nap-time program, a center shall ensure that
at least one qualified staff member is in each area visually supervising the
children and each qualified staff member required to meet the staff-to-child
ratio is on the premises and within calling distance of the areas occupied by
the children.
10.5.c.2.
During transportation:
10.5.c.2.A. At all
times when transporting a child, a center shall ensure that no child is
unattended in a vehicle;
10.5.c.2.B. During Pick-up and Drop-off
service:
10.5.c.2.B.1. A second staff person
or volunteer shall accompany the driver during routine transportation for the
purpose of pick-up and drop-off service when the vehicle will transport more
than two children and at least one of those children is under the age of two
years;
10.5.c.2.B.2. A second staff
person or volunteer shall accompany the driver during routine transportation
for the purpose of pick-up and drop-off service when the vehicle will transport
more than four children of any age.
10.5.c.2.B.3. There shall be a staff or
designated responsible person present outside the vehicle to supervise when
children are loading or unloading from a vehicle.
10.5.c.3. Water activities.
10.5.c.3.A. When a child is participating in
a Level I or Level II water activity, except a swimming lesson with a qualified
instructor, a center shall maintain staff-to-child ratios described in Table B
of Appendix 78-1-E of this rule; and
10.5.c.3.B. When two or more children 24
months of age and under are participating in a Level I or Level II water
activity in a mixed age group, except a swimming lesson with a qualified
instructor, the center shall ensure that at least two qualified staff members
are present.
10.5.c.4.
Field Trips.
10.5.c.4.A. A center shall ensure
that when a child is participating in a Level I field trip, that the
staff-to-child ratio is maintained in accordance with Table A of Appendix
78-1-E of this rule and that at least one staff member or volunteer accompanies
one qualified staff member who must be present at all times; and
10.5.c.4.B. A center shall ensure that when a
child is participating in a Level II field trip that the staff-to-child ratio
is maintained in accordance with Table A of 78-1-E of this rule and that at
least two qualified staff members are present at all times.
Disclaimer: These regulations may not be the most recent version. West Virginia 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
