Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-1-10 - Supervision of Children in Groups10.1. A center shall ensure that: 10.1.a. The children have adequate supervision at all times;10.1.b. Staff members are awake and performing their duties during work hours;10.1.c. When a play area is used that is accessible to the public, the boundaries of the play area are clearly marked and known to the children;10.1.d. The children remain in areas approved for daily program activities and do not go into other areas including the kitchen, unless it is part of the planned, supervised experience; and10.1.e. Children are accompanied by staff when utilizing public restroom or restrooms at the center that the general public is permitted to use.10.2. Children shall be assigned to distinct groups according to the following:10.2.a. Each group shall be assigned a room or area of a room as a home base, even if the group moves to other areas, inside and outside a center, for daily activities;10.2.b. When more than one group of children up to school-age uses the same room, a center shall divide the room into a designated activity area for each group;10.2.c. A center shall separate indoor areas regularly occupied by older children from children 24 months of age and under;10.2.d. A center shall ensure that a common outdoor area is not regularly used at the same time by groups of school-age children and by groups five years of age and younger;10.2.e. During brief times, not to exceed 30 minutes, when children are normally arriving and departing, and for short periods of scheduled activities such as eating, the center may combine groups of children, including groups of children 24 months and under and groups of older children; and10.2.f. During short periods of time for special occasions such as field trips, the center may combine school-age groups of children with children over the age of 24 months.10.3. Staff-to-Child Ratios. 10.3.a. When children are on the premises, a center shall ensure that at least two staff members are on duty at all times.10.3.b. When only one qualified staff person is required to meet ratios at the beginning and end of the day, the second staff member may be a support staff member who is readily available in case of emergencies. A center shall ensure that while children are on the premises, the qualified staff member has completed a course in child first aid and has current certification in pediatric CPR.10.3.c. A center shall assign each group of children to a qualified staff member or team of qualified staff members, maintaining at all times the staff-to-child ratios required under this rule. When groups are combined, a center shall continue to maintain the staff-to-child ratios required under this rule.10.3.d. When more than one qualified staff member is assigned to a group, a center shall designate one qualified staff member as group leader with responsibility for planning the activities of the group to ensure that each child in the group receives developmentally appropriate care and adequate supervision on a day-to-day basis.10.3.e. When only one qualified staff member is assigned to a group, there shall be a plan enabling the qualified staff member to call a second staff member for help without leaving the group.10.3.f. In determining and maintaining the staff-to-child ratio, a center shall not include any qualified staff member who is performing other duties such as cooking, bookkeeping, or life-guarding; or another individual with designated responsibility for a special activity; or a support staff member who is not directly working with the children except in an emergency situation when staff may be reassigned to supervise the children.10.3.g. In determining and maintaining the staff-to-child ratio, a center shall have a plan to ensure that a qualified substitute is available if needed and is available when a staff person is absent for longer than a continuous two-week period.10.4. A student intern who is at least 17 years of age, a Youth Apprentice, and in the second year of classes in the Child Development Specialist program approved by the WV Department of Education may count in the staff-to-child ratio but may not work alone.10.5. A center shall group children and consider their ages when determining the staff-to-child ratio as follows:10.5.a. A center shall count each child 12 years of age and under who is present and being cared for in the child care center, including a child of the director or a staff member, and shall not consider a teen aide to be a child;10.5.b. When children are at the center, the center may use either a single grouping or a mixed-age combination to calculate the ratio according to the following: 10.5.b.1. For each singe-age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule;10.5.b.2. For each mixed age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule for the youngest child in the group; and10.5.b.3. When providing evening and nighttime care, a center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule. In addition, a center shall ensure that: 10.5.b.3.A. At least one qualified staff member is in each room visually supervising the children at all times and checking at least hourly on each sleeping child; and10.5.b.3.B. Each qualified staff member required to meet the staff-to-child ratio is on the premises and within calling distance of the rooms occupied by the children.10.5.c. Special circumstances with staff-to-child ratio are:10.5.c.1. During nap time or sleep time:10.5.c.1.A. For groups of children 12 months of age and under, a center shall ensure that each qualified staff member required to meet the staff-to-child ratio described in Table A of Appendix 78-1-E of this rule, is present in the nap or sleep area and able to see and hear all of the children at all times; and10.5.c.1.B. For groups of children over 12 months of age who participate in a nap-time program, a center shall ensure that at least one qualified staff member is in each area visually supervising the children and each qualified staff member required to meet the staff-to-child ratio is on the premises and within calling distance of the areas occupied by the children.10.5.c.2. During transportation:10.5.c.2.A. At all times when transporting a child, a center shall ensure that no child is unattended in a vehicle;10.5.c.2.B. During Pick-up and Drop-off service:10.5.c.2.B.1. A second staff person or volunteer shall accompany the driver during routine transportation for the purpose of pick-up and drop-off service when the vehicle will transport more than two children and at least one of those children is under the age of two years;10.5.c.2.B.2. A second staff person or volunteer shall accompany the driver during routine transportation for the purpose of pick-up and drop-off service when the vehicle will transport more than four children of any age.10.5.c.2.B.3. There shall be a staff or designated responsible person present outside the vehicle to supervise when children are loading or unloading from a vehicle.10.5.c.3. Water activities. 10.5.c.3.A. When a child is participating in a Level I or Level II water activity, except a swimming lesson with a qualified instructor, a center shall maintain staff-to-child ratios described in Table B of Appendix 78-1-E of this rule; and10.5.c.3.B. When two or more children 24 months of age and under are participating in a Level I or Level II water activity in a mixed age group, except a swimming lesson with a qualified instructor, the center shall ensure that at least two qualified staff members are present.10.5.c.4. Field Trips.10.5.c.4.A. A center shall ensure that when a child is participating in a Level I field trip, that the staff-to-child ratio is maintained in accordance with Table A of Appendix 78-1-E of this rule and that at least one staff member or volunteer accompanies one qualified staff member who must be present at all times; and10.5.c.4.B. A center shall ensure that when a child is participating in a Level II field trip that the staff-to-child ratio is maintained in accordance with Table A of 78-1-E of this rule and that at least two qualified staff members are present at all times.