N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-1.8

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

Section 418-1.8 - 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 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) The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

(c) The child day care center 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 418-1.13 of this Subpart, 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 child day care center is in operation and the director is away from the premises, there must be a staff person designated 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 child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

Minimum Supervision Ratios Based on Group Size for Infants, Toddlers and Preschoolers
Age of Children	Teacher/Child Maximum	Maximum Group Size
under 6 weeks***	1:3	6
6 weeks to 18 months	1:4	8
18 months to 36 months	1:5	12
3 years	1:7	18
4 years	1:8	21
5 years	1:9	24
Minimum Supervision Ratios Based on Group Size for School-aged Children
through 9 years	1:10	20
10-12 years	1:15	30

***Such care is only permitted pursuant to the provisions of section 418-1.15(b)(30) of this Subpart.

(k) The supervision ratios are as follows:

(1) for children under six weeks old who have been approved to attend day care by the office:

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

(ii) the maximum group size is six children.

(2) for children between ages six weeks old and 18 months old:

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

(ii) the maximum group size is eight children.

(3) for children between ages 18 months old and 36 months old:

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

(ii) the maximum group size is 12 children.

(4) for three year old children:

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

(ii) the maximum group size is 18 children.

(5) for four year old children:

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

(ii) the maximum group size is 21 children.

(6) for five year old children:

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

(ii) the maximum group size is 24 children.

(7) 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.

(8) 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 day care center 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) Any child who is 18 months or older who may not be developmentally ready to advance to the next age group setting may be retained for a period of up to three months.

(i) A written agreement concerning this retention between the parent and the center is required.

(ii) If this time period is expected to exceed three months, the center, in consultation with early intervention or special education staff and the parent, may exercise greater discretion in the placement of the child with a developmental disability or delay based on consideration of such factors as the child's developmental readiness, appropriateness of the classroom environment, the level of care the child requires and the needs of the other children in care.

(iii) A written assessment of the child's need for further retention must be kept on file.

(5) In consideration of a child's developmental readiness, appropriateness of the classroom environment, the level of care the child requires and the needs of the other children in care, the center may move a toddler to the next age group when that child is within three months of their third birthday.

(i) A written assessment of the child's developmental readiness is required to be kept on file.

(6) When preschool children ages three years to five years are cared for in one group throughout the day, the teacher to child ratio and maximum group size applicable to the age of the majority of children must be followed.

(7) Except for office approved continuity of care classrooms, infants may never be mixed with other age groups.

(8) Except for office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center's daily operation.

(9) When toddlers are cared for with preschool children in a mixed age group at the very beginning or very end of the day, the teacher/child ratio and maximum group size applicable to children aged 18 months to 36 months must be followed.

(10) When preschool children are cared for in school age groups at the very beginning or very end of the day, the teacher/child ratio and maximum group size applicable to the youngest child in the group must be followed.

(11) Day care centers that have been approved to operate a school-age children component in their day care center may only mix school age children with pre-school children at the very beginning of the day and the very end of the day. School age children may never be mixed with pre-school children for the entire period of time they are in care at the center.

(12) When school age children are mixed with pre-school children at the beginning and end of the day, toddlers may not be mixed in these groups. School age children may not be mixed with children under age three at any time.

(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 of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, 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 child day care center to any person other than his or her parent, a person(s) currently designated in writing by such parent to receive the child, or another person authorized by law to take custody of a child.

(2) No child can be released from the child day care center unsupervised except upon written permission of the child's parent. Such permission must be acceptable to the child day care center 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 day care center 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 day care center 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)Continuity of care.

The continuity of care model requires that the center make every effort to establish and maintain a primary relationship between teachers and children and their respective families over a period of years. In the continuity of care model, infants/toddlers and their teachers stay together until all children in the group are 36 months of age. The core concept in continuity of care is the practice that assigns a child to one teacher who becomes responsible for the child and for communication with the child's parents. The teachers must develop positive relationships with each child assigned to his/her care, tending to their physical and emotional needs and working together with a second group teacher or assistant teacher in the group who maintains this same relationship with another small number of children assigned to her/him. While each teacher is assigned to a small number of children, both are also responsible as a back-up for each other's assigned children when a need arises to safeguard the health and safety of any child in the classroom.

(1) For purpose of maintaining a continuity of care model, centers may mix children six weeks of age to 36 months of age in one classroom, in compliance with the provisions of subdivision (r) of this section.

(2) The teachers assigned to the continuity of care classrooms must receive instruction regarding the concepts of continuity of care and develop positive relationships with each child assigned to his/her care, tending to their physical and emotional needs.

(3) In order that infants and toddlers develop consistent and significant positive relationships with teachers working in continuity of care classrooms, teachers must be assigned to that classroom and those children only, except that toddlers and their teacher participating in continuity of care classrooms may participate in the center's plans for supervision at the very beginning and very end of the daily operation as permitted per subdivision (l) of this section.

(4) Continuity of care teachers will be directly responsible for communication with the assigned children's parents.

(5) While each teacher working in a continuity of care classroom is assigned to a small number of children in the classroom, the teachers are also responsible as each other's back-up when a need arises to safeguard the health and safety of any child in the classroom.

(6) Parents of children who will be assigned to a continuity of care classroom must be informed by the program about this model of care and agree in writing to placing their child in the continuity of care group.

(7) The teacher/child ratio and maximum group size in continuity of care classrooms must be applicable to the youngest child in the group and consistent with subdivision (k) of this section.

(8) The center's continuity of care programming, furnishings, equipment and size shall meet the developmental appropriate needs of all the children in the room.

(9) All proposed models of continuity of care must be submitted to the office for review and approval prior to implementation.

(s) Day care centers that do not offer care to infant and toddlers may enroll children who will turn three by December 1st of that same year if the day care center enrollment coincides with the start of the local public school year.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-1.8

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