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.

During an investigation, it was determined that on November 18, 2024, at approximately 4:20 p.m., a five-year-old child with a known peanut allergy was given a cookie by another child and staff were unaware that the child had ingested a portion of the cookie. The other child’s parent asked the staff member if their child could have the cookie as they were dropping their child off for after school care. The staff member agreed, and the child was allowed to bring the cookie onto the playground. The staff member failed to provide watchful oversight when the staff were unaware that the cookie contained peanuts, and that the child shared their cookie with another child that had a known peanut allergy. As a result, the five-year-old child had an allergic reaction and required professional medical attention.