N.Y. Comp. Codes R. & Regs. tit. 18 § 414.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 414.8 - Supervision of children

(a) Children cannot be left without competent direct 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 teacher's range of vision and that the teacher 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) School-age child care programs must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

(c) The school-age child care program must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

(d) No person under 18 years of age may be left alone to supervise a group of children at any time, including in an emergency.

(e) A group teacher, meeting the qualifications of section 414.13 of this Part, is required for every group of children.

(f) An additional group teacher or an assistant teacher is required when the number of children in the group dictate that a second teacher be present to meet the teacher/child ratio.

(g) Whenever the school-age child care program is in operation and the director is away from the premises, there must be a staff person to act on behalf of the director, who is knowledgeable about the programs operation and policies.

(h) A staff person who is qualified to perform the duties of an absent staff member must be provided when needed to comply with the applicable teacher/child ratios.

(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 teachers. This notice must include specific start and end dates of the absence and who will be taking the teacher's place in the day care program.

(j) When a school-age child care program is in operation, an adequate number of qualified staff must be on duty to protect the health and safety of the children in care.

Minimum Supervision Ratios Based on Group Size
Age of children	Teacher/child maximum ratio	Maximum
		group size
through 9 years	1:10	20
10-12 years	1:15	30

(k) The supervision ratios are as follows:

(1) for a child of school-age through the age of nine years old:

(i) there must be one teacher for every 10 children;

(ii) the maximum group size is 20 children.

(2) for children between the ages of 10 years old and 12 years old:

(i) there must be one teacher for every 15 children;

(ii) the maximum group size is 30 children.

(l)Group size and mixing different age children within groups.

(1) Group size refers to the number of children cared for together as a unit. Group size is used to determine the minimum teacher/child ratio based upon the age of the children in the group.

(2) Group size must be maintained in common areas of the building and grounds.

(3) Groups of children may not be mixed together to use outdoor play areas, exercise areas, gym rooms or other common areas of the center unless, the space is large enough to accommodate multiple groups which must be kept separate.

(4) When a school-age child care program cares for children in groups including children both over and under 10 years of age, the teacher/child ratio used must be that ratio applicable to the youngest child in the group.

(m) There must be a director, group teacher or assistant teacher supervising all applicants, volunteers and persons in the process of approval.

(n) The use of any type device for social or entertainment purposes, listening to music on headphones, playing screen games, using the internet, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children's safety and ensuring the orderly operation of the program.

(o) The director must approve all plans for field trips, including the type of activity, development needs of children and whether there is the need for additional staff to provide adequate supervision. Such plans must take into consideration the developmental needs of the children.

(p)Releasing children from care.

(1) No child can be released from the school-age child care program to any person other than his or her parent(s), person currently designated in writing by such parent to receive the child, or any other person authorized by law to take custody of a child.

(2) No child can be released from the school-age child care program unsupervised except upon written permission of the child's parent. Such permission must be acceptable to the school-age child care 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.

(q)Visitor control procedures.

(1) Each school-age child care program shall require any and all visitors to the facility 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 facility;

(iii) clearly state in writing the purpose of the visit; and

(iv) sign out upon departure from the facility indicating in writing the time of departure.

(2) Each school-age child care program 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.

(r) A teacher must accompany children to the bathroom whenever the bathroom used by the children in care is also available to the public or shared by multiple parties using the facility.

(s) When bathrooms are exclusively used by the children at the school age child care program, children may go to the bathroom independently under the following circumstances:

(1) the bathroom entrance is within sight of the child care space or activity area being used at the time the child asks to use the bathroom; and

(2) the child has permission from the teacher; and

(3) a plan is followed that allows one child at a time to use the bathroom; and

(4) there is a plan followed that requires a teacher to be mindful of the time elapsing since the child left to use the bathroom; and

(5) that a teacher locate the child using the bathroom, if that child does not return to the group after a reasonable time period has elapsed.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 414.8

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020