591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm’s length away from children thirty-six (36) months of age and younger.

It was determined based on an investigation, that on March 11, 2025, at approximately 4:16 p.m., center staff failed to provide watchful oversight when a 2-year-old child exited the playground through an unlocked gate onto the center’s parking lot for approximately one minute. The child was approximately ten steps away from the gate when center staff noticed the child and retrieved them. 2. 591-1-1-.26(4) requires that playgrounds be protected from traffic or other hazards by a (4) four foot high fence or other barrier approved by this Department. Fencing material shall not present a hazard to children and shall be maintained so as to prevent children from leaving the playground area by any means other than through an approved access route. Fence gates shall be kept closed except when persons are entering or exiting the area. It was determined based on an investigation, that on March 11, 2025, at approximately 4:16 p.m., the playground fence was not properly secured, allowing a 2-year-old child to leave the playground area. The child exited the playground through the unlocked gate and entered into the center’s parking lot. The child was unsupervised for approximately one minute and was located approximately ten steps away from the gate when retrieved by center staff.