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.

[19a-79-4a(b)] · Corrected Jun 9, 2025

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.

Sanitary drinking fountains or individual disposable drinking cups shall be provided and accessible to the children at all times.

[19a-79-7a(c)(3)(C)] · Corrected Oct 11, 2024

Diapering areas shall be washed and disinfected after each use.

[19a-79-10(e)(4)] · Corrected Oct 11, 2024

Plastic bags, balloons and Styrofoam objects shall not be accessible to children under three (3) years of age.

[19a-79-10(h)(2)] · Corrected Oct 11, 2024

When a child care center or group child care home provides either meals or snacks, menus shall be prepared at least one (1) week in advance, dated and copies posted in a conspicuous place, accessible to the public. Changes shall be documented by the end of the program day. A copy of what was served shall be kept on file for three (3) months.

[19a-79-3a(e)(5) and/or 19a-79-6a(a)(4)] · Corrected Oct 11, 2024

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.

There shall be at least two (2) staff eighteen (18) years of age or older on the premises when one (1) or more children are in attendance. The staff shall be available to care for the children.

[19a-79-4a(c)(2)] · Corrected Jul 10, 2024

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.

[19a-79-6a and/or 19a-79-7a] · Corrected Sep 12, 2023

Each child's bottle shall be individually identified with the child's name.

[19a-79-10(k)(5)] · Corrected Sep 12, 2023

The operator shall post the current fire marshal certificate in a conspicuous place, accessible to the public.

[19a-79-3a(e)(2)] · Corrected Sep 12, 2023

The operator shall post emergency plans in a conspicuous place, accessible to the public.

[19a-79-3a(e)(6)] · Corrected Sep 12, 2023

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.

Child care centers and group child care homes that utilize combustible fuel shall be equipped with at least one (1) operable carbon monoxide (CO) detector on each occupied level of the facility.

[19a-79-7a(e)(18)] · Corrected Feb 6, 2023

The operator shall have on staff a designated head teacher, approved by the Office who is 20 years of age or older and has the personal qualifications needed to supervise people. 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. A program providing care for one (1) or more hours between the hours of ten (10) P.M. and five (5) A.M. shall have a person on the licensed premises designated as the person in charge who shall meet the head teacher qualifications.

[19a-79-4a(e)(2),(c)(1)-11(f) &/or19a-79-12(b)(1)] · Corrected Feb 6, 2023

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.

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.

[19a-79-4a(a)(1) and/or 19a-79-4a(a)(2)] · Corrected Feb 6, 2023

For children under three years of age, the group size shall not exceed eight (8) children.

[19a-79-10(c)(3)] · Corrected Feb 6, 2023

Diapering and hand washing policies and procedures shall be posted in each diapering area. When cloth diapers or training pants are used, a plan for their use and care shall be submitted to and approved by the Office of Early Childhood prior to implementation of the plan.

[19a-79-10(e)(8) and/or 19a-79-10(e)(10)] · Corrected Feb 6, 2023

Toys and other objects with a diameter of less than one and one-quarter (1 1/4) inches, objects with removable parts that have a diameter of less than one and one-quarter (1 1/4) inches shall not be accessible to children under three (3) years of age.

[19a-79-10(h)(2)] · Corrected Feb 6, 2023

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, emergencies, supervision of children, general operating policies, 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.

[19a-79-3a(d)] · Corrected Dec 21, 2022

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, permission forms signed and dated by the parent(s), a health record, a written record of all injuries or accidents, and information regarding disabilities or special health care needs.

[19a-79-5a(a)] · Corrected Dec 21, 2022

Hardware such as air conditioners, water heaters or fuse boxes shall be inaccessible to children. The playground shall be free of glass, debris, holes and other hazards.

[19a-79-7a(g)(4) and/or 19a-79-7a(h)] · Corrected May 3, 2022

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.

[19a-79-4a(h)(2)(G)] · Corrected May 3, 2022

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.

[19a-79-2a(c)(7)] · Corrected May 3, 2022

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, emergencies, supervision of children, general operating policies, 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. Where toilets and sinks are shared by children and adults, a written policy shall be developed and implemented that requires supervision of children when using the shared toilet room.

[19a-79-3a(d)(2) thru (8) &/or19a-79-7a(d)(11)(A)] · Corrected May 3, 2022

The operator shall post emergency plans in a conspicuous place, accessible to the public.