N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-2.8

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

Section 418-2.8 - 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) 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 for a short period of time without direct adult supervision.

(2) 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 small day care center. 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 small day care center.

(f) 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.

(g) 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.

(h) 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.

(i)Supervision ratios.

(1) A provider at a small day care center may care for five children ages six weeks to twelve years or six children ages two to twelve years.

(2) Whenever a person pending approval as a caregiver is being counted in ratio for the program, the provider must be at the program and supervising this person.

(j) 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.

(k)Releasing children from care.

(1) No child can be released from the small day care center 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.

(l)Visitor control procedures.

(1) Each small day care center shall require visitors to the program 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 program;

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

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

(2) Each small 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.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-2.8

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