[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.

Corrected Corrected by May 26, 2026

Category: supervision. Marked corrected in the state record.

[19a-79-7a(d)(11)] · Backpacks, handbags, purses or other bags belonging to adults, staff or program staff for carrying personal articles shall not be accessible to children.

Corrected Corrected by May 26, 2026

Category: other. Marked corrected in the state record.

[19a-79-7a(g)(1)] · All equipment shall be of such design and material as to be readily cleaned and safe for children. Equipment shall not be colored or covered by any poisonous material. Equipment shall be sturdy, safely constructed and free from protruding nails, rust, toxic material and other hazards.

Corrected Corrected by May 26, 2026

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

[19a-79-7a(g)(6)] · Indoor play equipment for climbing shall have a shock absorbing surface, under and around, that shall effectively cushion the fall of a child. Carpet is not considered a shock absorbing surface.

Corrected Corrected by May 26, 2026

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

[19a-79-8a-(a)(1-11)-(b)] · The written plan shall include the use of a variety of indoor and outdoor environments based on the children’s interest, individual needs and the learning to be addressed; a flexible schedule that allows time for children to make choices, continue projects over time, and transition from one activity to another; learning experiences that are relevant to the children’s lives and cultural context; a balance of child-initiated and teacher-initiated experiences; exploration and discovery; the use of a variety of materials that support active engagement and promote skills across areas of learning and development; rest, sleep or quiet activities; nutritious meals and snacks; toileting and clean up; individual and small group activities; and moderate and vigorous physical activity for children three years of age and older unless a child has a disability or is experiencing a developmental delay, which prevents such child from engaging in such physical activity. Such activity shall take place outdoors. No child care center or group child care home shall provide access to mobile cellular telephones, laptops and desktop computers or equipment that is capable of playing a video game or digital video disk to children under two years of age. Each child care center and group child care home shall restrict access to mobile cellular telephones, laptop and desktop computers or equipment that is capable of playing a video game or digital video disk by children two years of age and older except for educational or physical activity purposes. This subsection shall not apply to a child in the care of such child care center or group child care home that has a disability or is experiencing a developmental delay, and requires the use of such devices as a result of such disability or delay.

Corrected Corrected by May 26, 2026

Category: ratio. 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 May 26, 2026

Category: ratio. Marked corrected in the state record.

[19a-79-3a(d)(2)-(7)] · The operator shall implement and annually review specific written policies, plans and procedures that include, but not necessarily be limited to discipline, when a child is not picked up as planned, multi-hazard and medical emergencies, supervision of children, general operating policies, administrative oversight and personnel policies. 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 May 26, 2026

Category: supervision. 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 3, 2025

Category: other. Marked corrected in the state record.

[19a-79-3a(f)-(h)] · The parent(s) shall have immediate access to the child care center or group child care home during the hours of operation, unless otherwise prohibited by law. The operator shall grant the Office of Early Childhood immediate access to the child care center or group child care home, its staff or its records or failure to provide the Office of Early Childhood with documentation obtained by the facility about child abuse or neglect or conviction records, upon request of the Office of Early Childhood.

Corrected Corrected by May 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.

Corrected Corrected by Apr 15, 2025

Category: supervision. Marked corrected in the state record.

[19a-79-7a(c)(2)] · For programs serving children younger than school age, the building, equipment and furnishings 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 Apr 15, 2025

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

[19a-79-3a(b)(8)(A)] · The operator shall be responsible for managing child behavior using techniques based on developmentally appropriate practice and communicate acceptable techniques to all staff. These techniques shall include positive guidance, redirection and setting clear limits that encourage children to develop self-control, self-discipline and positive self-esteem.

Corrected Corrected by Jul 31, 2024

Category: other. 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 Feb 7, 2024

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

[-] · -

Corrected Corrected by Dec 21, 2023

Category: other. Marked corrected in the state record.

[19a-79-10(c)(2) and/or 19a-79-4a(c)(6)] · For children under three years of age, there shall be at least one (1) program staff for every four (4) children or fraction thereof in attendance. During nap time, when all of the children in the group are sleeping, the overall staff child ratios shall be maintained on the licensed premises. At no time shall a group of children be left unsupervised.

Corrected Corrected by Dec 21, 2023

Category: ratio. Marked corrected in the state record.

[19a-79-10(d)(1)] · In child care centers that serve children under three years of age, there shall be a sink with hot and cold running water designated for diaper changing and hand washing of staff and children in the program space. Visual contact with all other children shall be maintained while changing diapers or using the sink. Child care centers which staff three (3) adults to a group size of eight (8) infants or toddlers may use an accessible diaper changing facility if it is immediately adjoining the program area. Separate sinks shall be available for purposes other than hand washing after diaper changing within child care centers. Group child care homes shall have a sink accessible for hand washing other than the sink used for food preparation.

Corrected Corrected by Dec 21, 2023

Category: ratio. Marked corrected in the state record.

[19a-79-10(d)(2)(C)] · Each child care center and group child care home that serves children under three years of age shall have equipment and furniture to meet the developmental needs of the children served. Furniture shall include chairs for feeding, each of which has a stable base, safety straps on all high chairs attached to the chair and a tray which locks securely.

Corrected Corrected by Dec 21, 2023

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

[19a-79-10(e)(4)] · Diapering areas shall be washed and disinfected after each use.

Corrected Corrected by Dec 21, 2023

Category: other. Marked corrected in the state record.

[19a-79-10(j)] · Infants shall be removed from their cribs and held for all bottle feedings. They may be placed in chairs for all other feedings. Infants and toddlers shall be removed from their cribs or playpens at other intervals during the day for individual cuddlings and for verbal communication. They shall be allowed to crawl and toddle as age and development permit. Each infant shall be placed in a prone (front) position part of the time when awake.

Corrected Corrected by Dec 21, 2023

Category: other. Marked corrected in the state record.

[19a-79-10(k)(5)] · Each child's bottle shall be individually identified with the child's name.

Corrected Corrected by Dec 21, 2023

Category: other. Marked corrected in the state record.

[19a-79-10(h)(2)] · Plastic bags, balloons and Styrofoam objects shall not be accessible to children under three (3) years of age.

Corrected Corrected by Jan 17, 2023

Category: other. 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 Jan 17, 2023

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

[19a-79-7a(d)(11)] · Requirements regarding toilet and washing facilities shall be satisfied. Programs shall provide changing and sanitary facilities appropriate to meet the individual needs of children. Programs serving under age 6 shall have at least 1 toilet and sink with hot and cold running water for every 16 children. Programs serving only school age children shall have at least 1 toilet and sink with running water for every 25 children. Toilet tissue, soap, single use disposable towels and a waste receptacle shall be accessible.

Corrected Corrected by Jan 17, 2023

Category: other. Marked corrected in the state record.

[19a-79-7a(d)(5)] · Any unprotected glass doors, windows or mirrors to which children have access shall be protected.

Corrected Corrected by Jan 17, 2023

Category: other. 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 Apr 19, 2022

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 Apr 19, 2022

Category: other. Marked corrected in the state record.

[19a-79-10(e)(1)(2)(3)] · 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.

Corrected Corrected by Apr 19, 2022

Category: other. Marked corrected in the state record.

[19a-79-10(h)(2)] · Plastic bags, balloons and Styrofoam objects shall not be accessible to children under three (3) years of age.

Corrected Corrected by Apr 19, 2022

Category: other. Marked corrected in the state record.