Section 5-2 - Capacity/Supervision Requirements (a) The licenser shall determine total capacity for the facility. The licensed capacity shall never exceed the maximum capacity of ten (10) children. - (i) The children counted in the capacity include the provider's own children under the age of six (6) years old.
- (A) All foster children, under the age of 13, on the premises shall be included in the capacity;
- (B) All children, including those related to staff, on the premises during hours of operation shall be included in the capacity; and
- (C) School age childhood friends shall be limited to two (2) at any given time.
(b) There shall be at least one (1) adult staff supervising the care of children at all times and the following supervision requirements also apply: - (i) Awake infants and toddlers shall be directly supervised by staff at all times;
- (ii) Children who have completed kindergarten or are enrolled in first grade or are six (6) years old or older may be located in adjacent fenced outdoor areas of the facility if there is direct access, the staff person can clearly hear what happens in the adjacent area and the staff person remains attentive and moves from one area to the other every couple of minutes;
- (iii) Children ages three (3) and older may be located in adjacent indoor areas of the facility if there is direct access, the staff person can clearly hear what happens in the adjacent area and the staff person remains attentive and moves from one area to the other every couple of minutes;
- (iv) If children are in more than two (2) non-adjacent areas, a staff person shall be present and attending the children in each area;
- (v) All children shall be located on the same level as staff at all times; and
- (vi) Napping children who are not within sight of the staff person shall be within easy hearing distance at all times, be checked on every few minutes, once awake, and meet all other requirements.