75-03-10-09 · . 17. and 50-25.1-03-Duties of child care center operator. The operator is responsible for compliance with the requirements set forth in this chapter and North Dakota Century Code chapter 50-11.1. The operator shall: Report immediately, as a mandatory reporter, suspected child abuse or neglect as required by North Dakota Century Code section 50-25.1-03; Persons required and permitted to report - To whom reported. 1. Any dentist; optometrist; dental hygienist; medical examiner or coroner; tier 1 mental health professional, tier 2 mental health professional, tier 3 mental health professional, or tier 4 mental health professional as defined under section 25-01-01; or any other medical or mental health professional, religious practitioner of the healing arts, schoolteacher or administrator, school counselor, child care worker, foster parent, police or law enforcement officer, juvenile court personnel, probation officer, division of juvenile services employee, licensed social worker, family service specialist, child care licensor, or member of the clergy having knowledge of or reasonable cause to suspect a child is abused or neglected or has died as a result of abuse or neglect, shall report the circumstances to the department or authorized agent if the knowledge or suspicion is derived from information received by that individual in that individual's official or professional capacity. A member of the clergy, however, is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of spiritual adviser. 2. Any person having reasonable cause to suspect a child is abused or neglected or has died as a result of abuse or neglect, may report such circumstances to the department or authorized agent. 3. A person having knowledge of or reasonable cause to suspect a child is abused or neglected, based on images of sexual conduct by a child discovered on a workplace computer, shall report the circumstances to the department or authorized agent.

Program director and supervisor were aware that a staff member struck a child and did not report the incident to CPS or childcare licensing.

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75-03-10-12 · . 3.-Minimum qualifications for all staff members responsible for caring for or teaching children. Ensure safe care for children under supervision. Supervision means a staff member responsible for caring for or teaching children being within sight or hearing range of an infant, toddler, or preschooler at all times, so the staff member is capable of intervening to protect the health and safety of the child. For the school-age child, it means a staff member responsible for caring for or teaching children being available for assistance and care so that the child's health and safety is protected.

Staff members in the Adventures classroom were distracted and not directly supervising their 18 children. Allowing a 4-year-old to harm another 4-year-old; leaving them unable to intervene to protect the child's safety.

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75-03-10-12 · Violation

The violation has been corrected and the center has a plan in place to ensure proper training, and accountability going forward.

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75-03-10-12 · . 3.-Minimum qualifications for all staff members responsible for caring for or teaching children. Ensure safe care for children under supervision. Supervision means a staff member responsible for caring for or teaching children being within sight or hearing range of an infant, toddler, or preschooler at all times, so the staff member is capable of intervening to protect the health and safety of the child. For the school-age child, it means a staff member responsible for caring for or teaching children being available for assistance and care so that the child's health and safety is protected.

During a period of classroom transition, a child went into the bathroom and shut the door. He was unable to open it again and the classroom teachers left, leaving him alone in the closed bathroom for 23 minutes.

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75-03-10-08 · . 2. a. (1)-Staffing and group size requirements: 2. a. The operator shall ensure that the child care center is sufficiently staffed at all times to meet the child to staff ratios for children in attendance and that no more children than the licensed capacity are served at one time. The minimum ratio of staff members responsible for caring for or teaching children to children in child care centers and maximum group size of children must be: (1) For children less than eighteen months of age, one staff member may care for four children, a ratio of .25 in decimal form, with a maximum group size of ten children.

One staff member was caring for 7 infant children alone.

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75-03-10-08 · Violation

The violation was corrected on site by additional staff stepping into ratio. The program will now ensure their cook will step into ratio in the morning when needed.

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75-03-10-08 · . 2. a Staffing and group size requirements.-The operator shall ensure that the center is sufficiently staffed at all times to meet the child to staff ratios for children in attendance and that no more children than the licensed capacity are served at one time. The minimum ratio of staff members responsible for caring for or teaching children to children in child care centers and maximum group size of children must be: (1) For children less than eighteen months of age, one staff member may care for four children, a ratio of .25 in decimal form, with a maximum group size of ten children; (2) For children eighteen months of age to thirty-six months of age, one staff member may care for five children, a ratio of .20 in decimal form, with a maximum group size of fifteen children; (3) For children three years of age to four years of age, one staff member may care for seven children, a ratio of .14 in decimal form, with a maximum group size of twenty children; (4) For children four years of age to five years of age, one staff member may care for ten children, a ratio of .10 in decimal form, with a maximum group size of twenty-five children; (5) For children five years of age to six years of age, one staff member may care for twelve children, a ratio of .08 in decimal form, with a maximum group size of thirty children; and (6) For children six years to twelve years of age, one staff member may care for twenty children, a ratio of .05 in decimal form, with a maximum group size of forty children.

Two classrooms were out of ratio: one classroom at 3.99 with two teachers and another classroom at 2.6 with two teachers.

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75-03-10-08 · . b (2) Staffing and group size requirements-When there are mixed-age groups in the same room, the operator shall ensure: When children age zero to eighteen months are in the mixed-age group, the maximum group size does not exceed ten children;

One classroom had 11 children total one child was under 18 months. Providers must follow ratio and group size which means that group size is 10 children.

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75-03-10-08 · . Staffing and group size requirements. b (1) (a).-b. When there are mixed-age groups in the same room, the operator shall ensure: (1) The maximum group size is consistent with the: (a) Age of the majority of the children

Explorers room had 16 children: 15 ages 18 months-2 years, and one 3-year-old. Group size for this age group is 15 children total.

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