N.D. Admin. Code 75-03-09-08

Current through Supplement No. 394, October, 2024

Section 75-03-09-08 - Duties of group child care provider

1. The provider of a group child care is responsible for compliance with requirements set forth in the standards and North Dakota Century Code chapter 50-11.1. The provider shall:

a. Establish the group child care;

b. Apply for a license for the group child care;

c. Possess knowledge or experience in management and interpersonal relationships;

d. Formulate written policies and procedures for the operation of the group child care. Policies must include:

(1) An explanation of how accidents and illnesses will be handled;

(2) The methods of developmentally appropriate discipline and guidance techniques that are to be used;

(3) The process for a parent or staff member to report a complaint, a suspected licensing violation, and suspected child abuse or neglect;

(4) Hiring practices and personnel policies for staff members;

(5) Informing parents that they may request daily reports for their child, including details regarding eating, napping, and diapering;

(6) Procedure for accountability when a child fails to arrive as expected at the group child care; and

(7) Transportation procedures, if the provider provides transportation;

e. Notify the department of any major changes in the operation or in the ownership of the group child care, including staff member changes;

f. Maintain records of enrollment, attendance, health, and other required records;

g. May select an emergency designee;

h. Maintain necessary information to verify staff members' qualifications and to ensure safe care for the children in the group child care;

i. Ensure the group child care is sufficiently staffed at all times to meet the child and staff ratios for children in attendance and that no more children than the licensed capacity are served at any one time;

j. Ensure preadmission visits for children and their parents are offered so the group child care, fees, operating policies, and procedures can be viewed and discussed;

k. Ensure that there are signed written agreements with the parents of each child that specify the fees to be paid, methods of payment, and policies regarding delinquency of fees;

l. Provide parents, upon request, with progress reports on their children, and provide unlimited opportunities for parents to observe their children while in care. Providing unlimited access does not prohibit a group child care from locking its doors while children are in care;

m. Provide parents with the name of the group child care provider, the group child care supervisor, staff members, and the emergency designee;

n. Report, as a mandatory reporter, any suspected child abuse or neglect as required by North Dakota Century Code section 50-25.1-03;

o. Ensure that children do not depart from the group child care premises unsupervised, except when the parent and provider consent that an unsupervised departure is safe and appropriate for the age and development of the child. The provider shall obtain written parental consent for the child to leave the group child care premises unsupervised, which must specify the activity, time the child is leaving and length of time the child will be gone, method of transportation, and parental responsibility for the child once the child leaves the group child care premises; and

p. Ensure that each child is released only to the child's parent, legal custodian, guardian, or individual who has been authorized by the child's parent, legal custodian, or guardian.

2. If the provider is also the group child care supervisor, the provider shall also meet the qualifications of the supervisor in section 75-03-09-10.

3. The provider shall report to the department within twenty-four hours:

a. A death or serious accident or illness requiring hospitalization of a child while in the care of the group child care or attributable to care received in the group child care;

b. An injury to any child which occurs while the child is in the care of the group child care and which requires medical treatment;

c. Poisonings or errors in the administering of medication;

d. Closures or relocations of the group child care due to emergencies; and

e. Fire that occurs and explosions that occur in or on the premises of the group child care.

N.D. Admin Code 75-03-09-08

Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996, amendments voided by the Administrative Rules Committee effective August 24, 1996; amended effective January 1, 1999; January 1, 2011; January 1, 2013.

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11.1-08

Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08