[19a-79-3a(n)] · The operator shall not exceed the licensed capacity allowed under the license.

Corrected Corrected by Oct 29, 2025

Category: other. Marked corrected in the state record.

[19a-79-10(e)(1-10)] · The diapering area shall be an elevated sturdy table or counter equipped with a safety rail. Infants and toddlers shall be diapered at a diapering area used only for this purpose and located in the program area. Each diapering area shall have a non-porous surface and be kept in good repair. Diapering areas shall be washed and disinfected after each use. Disposable paper sheets shall be used and discarded immediately after each diapering. A covered washable lined waste receptacle shall be available and located in a convenient place for soiled waste material. These materials shall be removed to an exterior waste storage area at least daily. Disposable diapers shall be discarded in a covered receptacle immediately after diapering. The hands of the program staff and the children shall be washed after each diaper change. Diapering and hand washing policies and procedures shall be posted in each diapering area and followed. When cloth diapers or training pants are used, a written plan for their use and care shall be developed and implemented. This plan shall include, but not be limited to, these procedures: placing soiled clothing and diapers in a sealed air tight container; removing soiled clothing and diapers from the child care center or group child care home daily; and cleaning and sanitizing the container daily.

Corrected Corrected by Oct 29, 2025

Category: recordkeeping. Marked corrected in the state record.

[19a-79-3a(c)(1-4)] · The operator shall notify the Office of Early Childhood, the parent(s) and staff of any changes in programs or services. Notification of personnel changes shall be made within five (5) business days after the change. If the change is for a head teacher, a plan for interim head teacher coverage shall be submitted to the Office of Early Childhood. A qualified head teacher or a plan approved by the commissioner shall be in place within thirty (30) days of change of a qualified head teacher. Notification of changes related to the licensed capacity, fees, services or voluntary closing shall be made at least thirty (30) days prior to the effective date of the proposed change. A change of location, change of operator or a change of ownership requires a new initial application.

Corrected Corrected by Oct 29, 2025

Category: other. Marked corrected in the state record.

[19a-79-3a(d)(1)] · Daily attendance records for both children and program staff, recorded daily at the time of arrival and departure and kept on file at the facility for at least one year, showing the specific times of arrival and departure.

Corrected Corrected by Oct 29, 2025

Category: recordkeeping. Marked corrected in the state record.

[19a-79-4a(a)(1)] · A file shall be kept on the licensed premises for each employee of the child care center or group child care home which shall include an acceptable medical statement, completed within 12 months before the date of employment for new program staff, and every 36 months for current program staff. Such statement shall document the presence of any known medical or emotional illness or disorder that would currently pose a risk to children.

Corrected Corrected by Oct 29, 2025

Category: health medication. Marked corrected in the state record.

[19a-79-7a(f)(1)(A)] · An operator of a child care center or group child care home operating in a facility first licensed after January 1, 1986 shall provide a minimum of thirty-five (35) square feet of total indoor usable program space per child. An operator of a child care center or group child care home operating in a facility first licensed before January 1, 1986 shall provide a minimum of thirty (30) square feet of total indoor usable program space per child.

Corrected Corrected by Oct 29, 2025

Category: other. Marked corrected in the state record.

[19a-79-9a(b)(3)(A-B)] · Except for nonprescription topical medications, no medication shall be administered to a child without the written order of an authorized prescriber and the written permission of the child's parent(s) which shall be on file at the facility. Individual written medication administration records for each child shall be written in ink, reviewed prior to administering each dose of medication and kept on file at the facility for at least three years after the child is no longer attending the program.

Corrected Corrected by Oct 29, 2025

Category: ratio. Marked corrected in the state record.

[19a-79-4a(a)(2), (h)(1-2)] · Documentation of professional development for each program staff who cares for the children, including new employee orientation and annual training for current program staff on the child care center or group child care home policies, plans and procedures. Program staff, including the director, shall complete health and safety training no later than three months after the date of hire. Written verification of ongoing training that is at least one percent of the total annual hours worked. As of April 1, 2025, such annual training shall include content as defined in 45 CFR § 98.41(a)(1)(i) to (a)(1)(xi). Such education may include, but is not limited to, early education and child development, licensing and regulations, emergency preparedness, prevention and control of infectious diseases, prevention of sudden infant death syndrome and use of safe sleep practices, administration of medication, prevention and response to emergencies due to food and allergic reactions, building and physical premises safety, protection from hazards, bodies of water, and vehicular traffic; handling and storage of hazardous materials and the appropriate disposal of bio contaminants; child maltreatment, prevention of shaken baby syndrome and abusive head trauma, precautions in transporting children, pediatric first aid and cardiopulmonary resuscitation, nutrition and programming for children with disabilities or special health care needs.

Corrected Corrected by Oct 29, 2025

Category: ratio. Marked corrected in the state record.

[19a-79-4a(b)] · The operator shall ensure that all program staff have completed a comprehensive background check before they have unsupervised access to children. The operator shall provide to the Office of Early Childhood any information obtained concerning substantiated child abuse or neglect records or criminal convictions upon request. The operator shall obtain from each prospective employee, who is eighteen years of age or older, for a position that requires the provision of care to a child or involves unsupervised access to a child, a listing of all employment held in the United States for an organization that provides care or services to children in the preceding five years. The operator shall take reasonable steps to contact each previous employer provided by the prospective employee to verify at a minimum the prospective employee’s job title, description of his/her regular duties, confirmation of employment dates, and whether such previous employer would recommend the prospective employee for rehire. This information shall be made accessible to the Office upon request. The operator shall not employ program staff, including volunteers, who have a record that the commissioner reasonably believes renders such program staff unsuitable to be employed in a child care center or group child care home.

Corrected Corrected by Oct 29, 2025

Category: background checks. Marked corrected in the state record.

[19a-79-4a(d)(1)-(e)(2)] · A designated head teacher shall be on site for sixty percent (60%) of the time the child care center or group child care home is in operation on a weekly basis. The head teacher shall be approved by the Office.

Corrected Corrected by Oct 29, 2025

Category: ratio. Marked corrected in the state record.

[19a-79-4a(e)(1)] · The child care center or group child care home shall maintain documentation on site that there is a designated director who is twenty years of age or older. Any director hired or newly designated shall have not later than one year of being hired/ designated, at least three credits in the administration of early childhood education programs or educational administration from a regionally accredited higher education institution.

Corrected Corrected by Oct 29, 2025

Category: ratio. Marked corrected in the state record.

[19a-79-4a(i)(1-2)(H), (F)] · An education consultant shall be available to the operator and program staff for advice and support regarding the educational content and practice of the program. A person needs to apply for approval to be an education consultant. Program staff shall not serve as education consultants for programs in which they provide direct care or direct program supervision in a non-consultative role; or in a program with the same operator as a program in which they provide direct care or direct program supervision in a non-consultative role. Specific duties of the education consultant shall include, but not be limited to making, at a minimum, annual site visits to the facility, reviewing daily plans, curriculum documents, and educational policies for the developmental and age appropriate practices, observing program staff interactions, use of materials and equipment, implementation of plans and approaches to classroom management; and providing feedback on documentation review and classroom observations to the director and head teacher. A health consultant shall be available to the operator and program staff for advice regarding the health of the children and the health program. Specific duties of the health consultant shall include, but not be limited to making, at a minimum, quarterly site visits to facilities that serve children three years of age and older; or for group child care homes, facilities that operate no more than three hours per day, or facilities that enroll only school age children, semi-annual site visits. Facilities that are closed during the summer months may omit the summer quarterly visit. Site visits shall be made by the health consultant during customary business hours when the children are present at the facility. Specific duties include, but are not limited to reviewing health and immunization records of children and program staff, reviewing the contents, storage and plan for maintenance of first aid kits, observing the indoor and outdoor environments for health and safety, observing children’s general health and development, observing diaper changing and toileting areas and diaper changing, toileting and hand washing procedures, reviewing the policies, procedures and required documentation for the administration of medications, including petitions for special medication authorizations needed for programs that administer medication, assisting in the review of individual care plans for children with special health care needs or children with disabilities, as needed; and quarterly review of all injury, illness, incident and accident reports. A social service consultant shall be available to the operator and program staff for advice regarding the emotional needs, program staff support and the social service program. A registered dietitian consultant shall be available to the operator and program staff for advice regarding nutrition and food service for those programs that prepare or plan meals. A written plan for consultation services shall be developed, signed annually by the consultant and implemented. Consultative service shall include, but not be limited to an annual review of written policies, plans and procedures that relate to the services provided by the consultant, availability by telecommunication for advice regarding problems, availability, in person, of the consultant to the program, consulting with administration and program staff about specific problems, acting as a resource person to program staff and the parent(s) to include coordinating services and assisting families and program staff in identifying necessary resources, and seeking and supporting the collaboration of multiple consultants serving the program. The activities and observations required by each consultant shall be documented in a consultation log that is kept on file at the facility for two years.

[19a-79-5a(a)(1)(A)-(C)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. The record shall include enrollment information signed and dated by the parent(s) that shall include, but not be limited to: the child’s name, address, date of birth and date enrolled, the residence, business address(es) and telephone number(s) of the parent(s) and the name and telephone number of the child’s physician or other primary health care provider.

Corrected Corrected by Oct 29, 2025

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(2)(E)] · An individual plan of care for any child with special health care needs or disabilities when it is necessary that special care be taken or provided while a child is in attendance shall be developed and implemented with the child's parent(s) and health care provider and updated, as necessary. The plan shall include appropriate care of the child to prevent and respond to a medical or other emergency and shall be signed by the parent and program staff responsible for the care of the child.

Corrected Corrected by Oct 29, 2025

Category: health medication. Marked corrected in the state record.

[19a-79-7a(e)(1-2)] · Every area used by children shall be adequately ventilated and programs serving children younger than school age shall have a non-mercury thermometer affixed to the wall. The ambient air temperature shall be at least sixty-five degrees Fahrenheit as measured three feet from the floor. Programs that serve exclusively school age children may utilize program space with the ambient air temperature less than sixty-five degrees Fahrenheit provided the temperature is warm enough to accommodate the activities with comfort. When the temperature exceeds eighty degrees Fahrenheit, the operator shall provide more fluids and increase ventilation.

Corrected Corrected by Oct 29, 2025

Category: other. Marked corrected in the state record.

[19a-79-9a(b)(4)(A-B)] · Individual written medication administration records for each child shall be maintained, reviewed prior to administering each dose of medication and kept on file at the facility for at least two years after the child is no longer attending the program. The medication administration record shall become part of the child’s health record when the course of medication has ended.

Corrected Corrected by Oct 29, 2025

Category: ratio. Marked corrected in the state record.

[19a-79-9a(b)(5)(A-B)] · Medication shall be stored in the original child-resistant safety container and appropriately labeled. Medication shall be stored in a locked area or a locked container in a refrigerator in keeping with the label directions away from food and inaccessible to children. Only personnel authorized to administer medication may be provided with the means to access such medication. Controlled drugs shall be stored in accordance with state law.

Corrected Corrected by Oct 29, 2025

Category: health medication. Marked corrected in the state record.

[19a-79-2a(c)(7)] · At least every two (2) years, the local health director shall make unannounced visits, inspections or investigations of the licensed child care center or group child care home.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-3a(b)(8)(B)] · The operator shall document that the techniques used to manage child behaviors in the facility have been discussed with the child's parent(s) prior to enrollment and reviewed as needed during the period of the child's enrollment.

Corrected Corrected by Oct 7, 2024

Category: other. Marked corrected in the state record.

[19a-79-4a(a)(1) and/or 19a-79-4a(a)(2)] · A file shall be kept on the licensed premises for each employee of the child care center or group child care home which shall include an acceptable medical statement and a written report of a negative tuberculin test.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-4a(a)(3) and/or 19a-79-4a(g)] · A file shall be kept on the licensed premises for each employee of the child care center or group child care home which shall include documentation of professional development for each program staff person who cares for the children, including new employee orientation and annual training for current staff on programs policies, plans and procedures. Professional development for program staff shall be required for one (1) per cent of the total annual hours worked. The operator of the child care center or group child care home shall develop, implement and maintain a written plan for professional development in child care. The operator shall have documentation of a professional development plan for each program staff member which shall be maintained on site at the facility and made available for review.

Corrected Corrected by Oct 7, 2024

Category: recordkeeping. Marked corrected in the state record.

[19a-79-4a(b)] · A file shall be kept on the licensed premises for each employee of the child care center or group child care home which shall include evidence that the necessary information and documentation specified by the Office of Early Childhood in order to conduct background checks has been submitted. The operator shall provide to the Office of Early Childhood any information obtained concerning substantiated child abuse or neglect records or criminal convictions upon request.

Corrected Corrected by Oct 7, 2024

Category: background checks. Marked corrected in the state record.

[19a-79-4a(e)(2) and/or 19a-79-4a(f)] · At all times the child care center or group child care home is in operation, there shall be present at least one (1) staff member who has successfully completed within the past three years an Office of Early Childhood approved first aid course. The child care center or group child care home shall keep on file written verification of compliance with this requirement for each staff member who the child care center or group child care home designates to meet the first aid requirement.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-4a(h)(1) and/or 19a-79-4a(h)(2)] · A written plan for consultation services shall be developed, signed annually by the consultant and implemented. These services shall include an early childhood educational consultant, a health consultant, a dentist or dental hygienist consultant, a social service consultant, and a registered dietitian consultant for those programs that serve meals. Consultative services shall include annual review of written policies, plans and procedures, annual review of education programs, availability by telecommunication for advice regarding problems, availability, in person of the consultant to the program, consulting with administration and staff about specific problems, and acting as a resource person to staff and the parents.

Corrected Corrected by Oct 7, 2024

Category: ratio. Marked corrected in the state record.

[19a-79-4a(h)(2)(G)] · A written plan for consultation services shall be developed, signed annually by the consultant and implemented. Consultative services shall include documenting the activities and observations in a consultation log that is kept on file at the facility for two years.

Corrected Corrected by Oct 7, 2024

Category: other. Marked corrected in the state record.

[19a-79-5a(a)(1)(A)-(C)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. The record shall include enrollment information and permission forms signed and dated by the parent(s).

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(1)(D)(i)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. It shall include specific written permission forms signed by the parent(s) authorizing the operator to use the programs emergency policies which shall accompany the child on trips away from the premises.

Corrected Corrected by Oct 7, 2024

Category: physical safety. Marked corrected in the state record.

[19a-79-5a(a)(1)(D)(ii)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. It shall include specific written permission forms signed by the parent(s) authorizing one responsible person other than the parent(s) who can remove the child from the child care center or group child care home.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(2)(A) through (E)and/or19a-79-6a(e)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. It shall include a health record that shall include date of birth, a physical examination form, an immunization record, and information regarding disabilities or special health care needs.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(2)(E)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. It shall include an individual plan of care for any child with special health care needs or disabilities, developed with the child's parent(s) and health care provider and updated, as necessary.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-6a and/or 19a-79-7a] · The building, equipment and services shall be maintained in a good state of repair. A maintenance program shall be established that ensures that the interior, exterior and grounds of the building are maintained, kept clean and orderly, free from accumulations of refuse, dampness, stagnant water, dilapidated structures and other health and safety hazards.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-7a(a) and/or 19a-79-7a(c)(3)] · Water supply, food service and sewage disposal facilities shall be in compliance with all applicable sections of the Public Health Code. All water supplies shall be tested every two (2) years for lead content and the results submitted to the local and state health departments. Whenever water is obtained from other than a Department of Public Health-approved public water supply, it shall be of a safe and sanitary quality and tested every two (2) years for bacterial and chemical quality and the results submitted to the local and state health departments.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-9a(b)(3) and/or 19a-79-9a(b)(4)] · Except for nonprescription topical medications, no medication shall be administered to a child without the written order of an authorized prescriber and the written permission of the child's parent(s) which shall be on file at the facility. Individual written medication administration records for each child shall be written in ink, reviewed prior to administering each dose of medication and kept on file at the facility for at least two (2) years after the child is no longer attending the program.

Corrected Corrected by Oct 7, 2024

Category: health medication. Marked corrected in the state record.

[19a-79-3a(d)(1)] · The operator shall implement and annually review specific written policies, plans and procedures that include daily attendance records for both children and staff showing the specific times of arrival and departure. The operator shall notify the parent(s), staff and the Office of Early Childhood within five (5) days of changes in these policies, plans and procedures.

Corrected Corrected by Oct 24, 2023

Category: recordkeeping. Marked corrected in the state record.

[19a-79-4a(a)(1) and/or 19a-79-4a(a)(2)] · A file shall be kept on the licensed premises for each employee of the child care center or group child care home which shall include an acceptable medical statement and a written report of a negative tuberculin test.

Corrected Corrected by Oct 24, 2023

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(2)(A) through (E)and/or19a-79-6a(e)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. It shall include a health record that shall include date of birth, a physical examination form, an immunization record, and information regarding disabilities or special health care needs.

Corrected Corrected by Oct 24, 2023

Category: health medication. Marked corrected in the state record.

[19a-79-2a(c)(7)] · At least every two (2) years, the local health director shall make unannounced visits, inspections or investigations of the licensed child care center or group child care home.

Corrected Corrected by Nov 3, 2022

Category: health medication. Marked corrected in the state record.

[19a-79-4a(b)] · A file shall be kept on the licensed premises for each employee of the child care center or group child care home which shall include evidence that the necessary information and documentation specified by the Office of Early Childhood in order to conduct background checks has been submitted. The operator shall provide to the Office of Early Childhood any information obtained concerning substantiated child abuse or neglect records or criminal convictions upon request.

Corrected Corrected by Nov 3, 2022

Category: background checks. Marked corrected in the state record.

[19a-79-9a(b)(5)(D) and/or 19a-79-9a(b)(5)(E)] · All unused or expired medication shall be returned to the parent(s) or disposed of if it is not picked up within one (1) week following the termination of the order, in the presence of at least one witness. The facility shall keep a written record of the medications destroyed which shall be signed by both parties. The facility shall require the parent(s) of a child who has a prescription for an automatic prefilled cartridge injector, or similar automatic injectable equipment used to treat an allergic reaction or injectable equipment used to administer glucagon or inhalant medication to treat asthma, to provide the injector or equipment labeled with the information from the prescriber upon enrollment and attendance of such child at the facility, and replace such medication and equipment prior to its expiration date.

Corrected Corrected by Nov 3, 2022

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(2)(E)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. It shall include an individual plan of care for any child with special health care needs or disabilities, developed with the child's parent(s) and health care provider and updated, as necessary.

Corrected Corrected by Nov 22, 2021

Category: health medication. Marked corrected in the state record.

[19a-79-5a(a)(1)(A)-(C)] · The operator of a child care center or group child care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Office of Early Childhood, the child's parent(s) and the local health director. The record shall include enrollment information and permission forms signed and dated by the parent(s).

Corrected Corrected by Nov 22, 2021

Category: health medication. Marked corrected in the state record.

[19a-79-7a(a) and/or 19a-79-7a(c)(3)] · Water supply, food service and sewage disposal facilities shall be in compliance with all applicable sections of the Public Health Code. All water supplies shall be tested every two (2) years for lead content and the results submitted to the local and state health departments. Whenever water is obtained from other than a Department of Public Health-approved public water supply, it shall be of a safe and sanitary quality and tested every two (2) years for bacterial and chemical quality and the results submitted to the local and state health departments.

Corrected Corrected by Nov 22, 2021

Category: health medication. Marked corrected in the state record.

[19a-79-9a(b)(3) and/or 19a-79-9a(b)(4)] · Except for nonprescription topical medications, no medication shall be administered to a child without the written order of an authorized prescriber and the written permission of the child's parent(s) which shall be on file at the facility. Individual written medication administration records for each child shall be written in ink, reviewed prior to administering each dose of medication and kept on file at the facility for at least two (2) years after the child is no longer attending the program.

Corrected Corrected by Nov 22, 2021

Category: health medication. Marked corrected in the state record.

[19a-79-9a(b)(5)(D) and/or 19a-79-9a(b)(5)(E)] · All unused or expired medication shall be returned to the parent(s) or disposed of if it is not picked up within one (1) week following the termination of the order, in the presence of at least one witness. The facility shall keep a written record of the medications destroyed which shall be signed by both parties. The facility shall require the parent(s) of a child who has a prescription for an automatic prefilled cartridge injector, or similar automatic injectable equipment used to treat an allergic reaction or injectable equipment used to administer glucagon or inhalant medication to treat asthma, to provide the injector or equipment labeled with the information from the prescriber upon enrollment and attendance of such child at the facility, and replace such medication and equipment prior to its expiration date.

Corrected Corrected by Nov 22, 2021

Category: health medication. Marked corrected in the state record.