N.H. Admin. Code § He-C 4002.32

Current through Register No. 50, December 12, 2024

Section He-C 4002.32 - Field Trips, Water Activities and Transportation

(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.

N.H. Admin. Code § He-C 4002.32

#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

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.

Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;

Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.

Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032 (formerly He-C 4002.29)