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.

[19a-79-4a(a)(1)] · Corrected Jun 9, 2026

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.

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.

[19a-79-8a-(a)(1-11)-(b)] · Corrected Apr 17, 2025

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.

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[-] · Corrected Mar 25, 2024

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 Feb 14, 2024

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.

[19a-79-10(c)(2) and/or 19a-79-4a(c)(6)] · Corrected Feb 14, 2024

The kitchen in child care centers or group child care homes that is used for the preparation and serving of food to children shall be ventilated and protected by window screening. All windows that open to the outside and are used for ventilation shall be equipped with 16 mesh screening...and to prevent the entrance of vectors. There shall be effective measures taken to prevent vermin from entering or breeding in the facility.

[19-79-6a(a)(6);19a-79-7a(d)(4)];19a-79-7a(e)(16) · Corrected Feb 14, 2024

The operator shall be responsible for the overall management and operation of the child care center or group child care home in accordance with applicable state and local laws and regulations and shall assure annual training for all current staff on the child care center or group child care home policies, plans and procedures. 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 documentation of annual training for current staff on the child care center or group child care home policies, plans and procedures.

The facility shall produce and maintain on the premises, for a period of not less than two years, a written record of all injuries or accidents that result in an injury to a child or illness of a child enrolled at the facility that occur on or off site as part of the child care program. The written report for an individual child shall be available to the Office of Early Childhood and a copy shall be provided to the child's parent(s) no later than the next business day.

[19a-79-5a(a)(3)] · Corrected Jan 10, 2024

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.

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

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 Jan 6, 2023

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.

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 Jan 6, 2023

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.

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

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 Jan 6, 2023

The operator and staff shall manage child behavior using techniques based on developmentally appropriate practice, including positive guidance, redirection and setting clear limits that encourage children to develop self-control, self-discipline and positive self-esteem.

[19a-79-3a(b)(8)(A)] · Corrected Aug 8, 2022

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.

[19a-79-4a(b)] · Corrected Aug 8, 2022

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, a written report of a negative tuberculin test, 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 and disciplinary actions.

[19a-79-4a(a)] · Corrected Aug 8, 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 Feb 16, 2022

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

[19a-79-3a(e)(2)] · Corrected Feb 16, 2022

Potentially hazardous substances in the child care centers and group child care homes shall be stored in a separate locked area.

[19a-79-7a(e)(10)] · Corrected Feb 16, 2022

Each child care center and group child care home shall develop and implement a written plan for the daily program that includes a flexible schedule and shall be made available to the parent(s) and staff. Child care centers and group child care homes shall have policies, procedures and activities that meet and enhance the individual needs of the diverse population of children served, which includes children with cultural, language and developmental differences.

[19a-79-8a] · Corrected Feb 16, 2022

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.

[19a-79-10(c)(2) and/or 19a-79-4a(c)(6)] · Corrected Feb 16, 2022

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

[19a-79-10(k)(5)] · Corrected Feb 16, 2022

Potentially hazardous substances in the child care centers and group child care homes shall be stored in a separate locked area.

[19a-79-7a(e)(10)] · Corrected Feb 16, 2022

Each child care center and group child care home shall develop and implement a written plan for the daily program that includes a flexible schedule and shall be made available to the parent(s) and staff. Child care centers and group child care homes shall have policies, procedures and activities that meet and enhance the individual needs of the diverse population of children served, which includes children with cultural, language and developmental differences.

[19a-79-8a] · Corrected Feb 16, 2022