N.Y. Comp. Codes R. & Regs. tit. 18 § 417.8

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

Section 417.8 - Supervision of children

(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.

(l) [Reserved]

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 417.8

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