N.D. Admin. Code 75-03-10-12

Current through Supplement No. 394, October, 2024

Section 75-03-10-12 - Minimum qualifications for all staff members responsible for caring for or teaching children

1. Staff members:

a. Shall be at least fourteen years of age, provided that each staff member under age sixteen has written parental consent for employment as a staff member, and the employment arrangements comply with North Dakota Century Code chapter 34-07;

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

c. Shall certify completion of a department-approved basic child care course within ninety days of employment;

d. Shall 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;

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

f. Shall certify the staff member's own successful completion of the department-approved training related to child care each year, and annually thereafter, as set forth below:

(1) If working thirty or more hours per week, certify thirteen hours of department-approved training annually;

(2) If working fewer than thirty hours and more than twenty hours per week, certify eleven hours of department-approved training annually;

(3) If working fewer than twenty hours and at least ten hours per week, certify nine hours of department-approved training annually;

(4) If working fewer than ten hours per week, certify seven hours of department-approved training annually;

(5) Completion of one hour of department-approved safe sleep prior to the staff member providing care to infants;

(6) Completion of one hour of department-approved mandated reporter of suspected child abuse or neglect training;

(7) 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; and

(8) Substitute staff and emergency designees are exempt from the annual training requirement with the exception of paragraphs 5 and 6; and

g. Shall not place a child in an environment that would be harmful or dangerous to the child's physical, cognitive, social, or emotional health;

2. Receive orientation to the child care center during the first week of employment. The director shall document orientation of each staff member responsible for caring for or teaching children on an orientation certification form. The orientation must address the following:

a. Emergency health, fire, and safety procedures for the child care center;

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 child care center;

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

g. Child abuse and neglect reporting laws; and

3. Ensure safe care for 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 is protected.

N.D. Admin Code 75-03-10-12

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