N.D. Admin. Code 75-03-09-12

Current through Supplement No. 394, October, 2024

Section 75-03-09-12 - Minimum qualifications for all staff members responsible for caring for or teaching children

Staff members shall:

1. Be at least fourteen years of age, provided that each staff member under age sixteen provides written parental consent for employment as a staff member, and the employment arrangements comply with North Dakota Century Code chapter 34-07. A member of the immediate family of the provider may provide care if the family member is at least twelve years of age;

2. Be individuals of good physical, cognitive, social, and emotional health and shall use mature judgment when making decisions impacting the quality of child care;

3. Receive orientation related to the group child care program during the first week of work. The orientation must be documented on an orientation certification form and must address the following:

a. Emergency health, fire, and safety procedures;

b. The importance of handwashing and sanitation procedures to reduce the spread of infection and disease among children and staff members;

c. Any special health or nutrition instructions of the children assigned to the staff member;

d. Any special needs of the children assigned to the staff member;

e. The planned program of activities at the group child care;

f. Rules and policies of the group child care; and

g. Child abuse and neglect reporting laws;

4. Ensure that at no time a child is placed in an environment that would be harmful or dangerous to the child's physical, cognitive, social, or emotional health;

5. Certify completion of a department-approved basic child care course within ninety days of employment;

6. Certify the staff member's own completion of department-approved training related to child care annually as set forth below:

a. A staff member working thirty or more hours per week shall certify a minimum of eight hours of department-approved training annually;

b. A staff member working fewer than thirty and at least twenty hours per week shall certify a minimum of six hours of department-approved training annually;

c. A staff member working fewer than twenty and at least ten hours per week shall certify a minimum of four hours of department-approved training annually;

d. A staff member working fewer than ten hours per week shall certify a minimum of two hours of department-approved training annually;

e. An emergency designee is exempt from department-approved annual training, with the exception of training required by subsections 5, 7, and 8; and

f. The same training courses may be counted toward licensing annual requirements only if at least three years has passed since the last completion date of that training course, with the exception of safe sleep and mandated reporter annual training;

7. Certify completion of one hour of department-approved safe sleep training prior to staff member providing care to infants and annually thereafter;

8. Certify annual completion of one hour of department-approved mandated reporter of suspected child abuse or neglect training;

9. Ensure safe care for the children under supervision. Supervision means a staff member responsible for caring for or teaching children being within sight or hearing range of an infant, toddler, or preschooler at all times so the staff member is capable of intervening to protect the health and safety of the child. For the school-age child, it means a staff member responsible for caring for or teaching children being available for assistance and care so that the child's health and safety are protected;

10. Be currently certified within ninety days of employment and prior to staff member having unsupervised access to children under care, in infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department; and

11. Be currently certified within ninety days of employment and prior to staff member having unsupervised access to children in care, in pediatric first aid by a program approved by the department.

N.D. Admin Code 75-03-09-12

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.

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 2022-387, January 2023, effective 1/1/2023.

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