SERIES 1
DAY CARE CENTERS LICENSING
§ 78-1-1. General.
1.1. Scope. --This rule establishes standards and procedures for the licensure of day care centers under the
provisions of W. Va. Code § 49-2B-1 et seq. , and related federal and state code. This rule should be read in
conjunction with the provisions of W. Va. Code § 49-2B-1 et seq. The W. Va. Code is available in public libraries
and on the Legislature s web page at http: / / www. legis. state. wv. us/ .
1.2. Authority. --West Virginia Code § 49-2B-4.
1.3. Filing Date. April 14, 2003.
1.4. Effective Date. July 1, , 2003.
1.5. Repeal and Replacement of Former Rule. --This legislative rule repeals and replaces Day Care Centers
Licensing, 78CSR1, , effective June 1, 1982.
§ 78-1-2. Application and Enforcement.
2.1. Application. This rule applies to any individual, firm, corporation, association or organization, public or
private, that operates day care centers for the care of thirteen ( 13) or more children on a nonresidential basis.
2.2. Enforcement. This rule is enforced by the Secretary of the Department of Health and Human Resources.
§ 78-1-3. Definitions.
3.1. Active Media. Materials that the child can control while participating in an activity such as taking pictures
with cameras, making audio or video tapes, playing video games or working on a computer.
3.2 Adequate Supervision. The observation, , oversight, and guidance of the individual child or groups of
children, by the staff member taking responsibility for the ongoing activity of each child so that the staff member is close
enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member s
physical presence, knowledge of the child s program of activities, individual needs, habits, interests and special
problems, if any, and the acceptance of accountability for the child s or groups of children s care.
3.3. Approved Training. Training that has been approved by the Secretary.
3.4. Approved Training Source. A training provider that has been approved by the Secretary.
3.5. Certificate of Approval. A written certificate issued by the Secretary stating that a day care center
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operated by the state meets requirements in accordance with the terms and conditions of the certificate and this rule .
3.6. CDA ( Child Development Associate) Credential. The national early childhood credential administered by
the Council for Early Childhood Professional Recognition.
3.7. Child Abuse and Neglect. Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the
sale or the attempted sale, or negligent treatment or maltreatment of a child by a parent, guardian or custodian
responsible for the child s welfare.
3.8. Child Maltreatment Record Search Release. A document signed by a center s prospective staff member
granting permission to conduct a search of Department records related to his or her involvement in child abuse or
neglect allegations, or other investigations documented by the Secretary.
3.9. Continuous Supervision. The availability and responsibility of a staff member to assist with child care at all
times.
3.10. Core Competencies of Early Childhood Educators. The sets of skills and knowledge that represent
common standards of satisfactory practice in the early childhood field in the following essential areas: safety, health,
environment, physical and social development, cognitive development, development of creativity, communication, self,
and guidance, family, program management, and professionalism.
3.11. Criminal Identification Bureau Record ( CIB) . The State Police documentation, , as a result of a
fingerprinting process, that identifies a person who has been arrested or convicted of criminal behavior.
3.12. Day Care Center. A facility operated by an individual, , firm, corporation, association or organization,
public or private, for the care of thirteen ( 13) or more children on a nonresidential basis, except:
3.12. a. A kindergarten, preschool or school education program that is operated by a public school or that
is accredited by the state department of education, or any other kindergarten, preschool or school programs that
operate with sessions not exceeding four ( 4) hours per day for any child;
3.12. b. An individual or facility that offers occasional care of children for brief periods while parents are
shopping, engaging in recreational activities, attending religious services or engaging in other business or personal
affairs;
3.12. c. Summer recreation camps operated for children attending session for periods not exceeding thirty
( 30) days;
3.12. d. Hospitals or other medical facilities that are primarily used for temporary residential care of
children for treatment, convalescence, or testing;
3.12. e. Persons providing family day care solely for children related to them; or
3.12. f. Any juvenile detention facility or juvenile correctional facility operated by or under contract with the
division of juvenile services, created pursuant to the provisions of W. Va. Code § 49-5E-2 for the secure housing or
holding of juveniles committed to its custody.
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3.13. Designated Activity Area -Room divisions within the center that define limits and reduce distractions.
These divisions shall include a temporary wall or physical barrier that is at least three ( 3) feet in height.
3.14. Direct Supervision. When a qualified staff member is physically present in the same room, , area, or
vehicle with the child or group of children, visually monitoring the interactions of the children.
3.15. Disinfect. Eliminate virtually all germs from an inanimate surface through the use of chemicals or heat.
3.16. Early Care and Education Field. An area of study that relates to child development, , early childhood from
birth to eight ( 8) years of age, child and family studies, early childhood special education or other early childhood fields.
3.17. Evening Care. Care provided after seven o clock ( 7: 00) pm to a child who does not stay overnight.
3.18. Field Trip. An excursion or special outing away from the site where program activities regularly occur.
3.19. Full-time Director. A director who is present at the center for a minimum of one-half ( ½ ) of the hours
the center is in operation during the week, or thirty-five ( 35) hours per week, whichever is less.
3.20. GED. A certificate verifying passage of a test of General Educational Development recognized as
equivalent to a high school diploma.
3.21. Governing Body. The individual owner of the center or the group of persons that have the administrative
control and legal authority to set policy and oversee operations of a day care center.
3.22. Group. A specific number of children, distinct from the larger population of children, who regularly meet
together and interact with each other and with one ( 1) or more specific staff members, in an assigned space. The size
of the group and required number of staff are determined by the staff/ child ratio set out in this rule.
3.23. Level I Water Activity. Any activity occurring in or near water eighteen ( 18) inches deep or less.
3.24. Level II Water Activity. Any activity occurring in or near water with a depth of more than eighteen ( 18)
inches, including but not limited to, swimming, fishing, rafting, boating, sail-boarding, scuba diving, inner-tubing,
canoeing, sailing, water skiing, and water park activities.
3.25. License. A written certificate issued by the Secretary authorizing a person, corporation, partnership,
voluntary association, municipality, county , or any agency thereof, to operate a day care center in accordance with the
terms and conditions of the license and this rule .
3.26. Licensed Capacity. The maximum number of children permitted in a center.
3.27. Licensed Health Care Provider. An individual who holds a license to practice in West Virginia as a
doctor of medicine ( MD) , doctor of osteopathy ( DO) , physician s assistant ( PA) , or registered nurse practitioner
( RNP) .
3.28. Licensee. The holder of a license or certificate of approval obtained from the Secretary to operate a day
care center in West Virginia.
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3.29. Medication Error.
3.29. a. Failure to administer a dose of medication; or
3.29. b. The administration of a medication:
3.29. b. 1. To the incorrect child;
3.29. b. 2. In the incorrect dosage;
3.29. b. 3. At the incorrect time, other than within one half ( ½ ) hour before or after the
scheduled time;
3.29. b. 4. In the incorrect form;
3.29. b. 5. By the incorrect method or route; or
3.29. b. 6. That is incorrect itself.
3.30. Nightttime Care. Care provided to the child who stays during nighttime hours but for less than twelve
( 12) consecutive hours.
3.31. Parent. The biological or adoptive parent or parents, a person or persons, or the Department, who has
legal custody of a child by birth, or as a result of any contract, agreement, or legal proceedings.
3.32. Passive Media. Materials that the child cannot control while participating in an activity such as watching
television, films and video tapes.
3.33. Person-in-Charge. The qualified staff member with responsibility for the daily operation of the center at
any specific time.
3.34. Plan of Correction. A written agreement between the Department and a center, approved prior to
implementation, that outlines the steps the center shall take to correct deficiencies identified by the Secretary through an
inspection or the investigation of a complaint.
3.35. Practicum Contact Hour. A period of supervised experience recognized for credit toward a credential
by an educational institution or similar organization.
3.36. Qualified Staff. A staff member who meets the requirements under this rule for the position of director,
assistant director, lead teacher, teacher, assistant teacher, or teaching assistant.
3.37. Registered Apprenticeship Certificate for Child Development Specialist. A nationally recognized
credential awarded by the U. S. Department of Labor for the successful completion of a combination of classroom and
on-the-job training.
3.38. Related Field. An area of study that may be associated with the early child care and education field,
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including education, social work, recreation and leisure studies, nursing, counseling, psychology, and administration
related to the care and education of the child from birth through twelve ( 12) years of age as approved by the Secretary.
3.39. Relevant Occupational Experience. Work that is directly with or on behalf of children from birth through
twelve ( 12) years of age, and their families in areas of supervision, leadership or management; program coordination,
development or regulation; training, instruction or technical assistance; or evaluation or research.
3.40. Responsible Adult. A parent, center staff member, or other adult whom the parent has designated to
drop off or pick up the child.
3.41. Sanitize. Destroy pathogens on food contact surfaces, such as utensils, cups and glasses, through the use
of processes involving chemicals or heat that do not pose a threat to food safety.
3.42. Secretary. The Secretary of the Department of Health and Human Resources or his or her designee.
3.43. School Age Child. A person who is between five ( 5) and 13 ( thirteen) years of age and is eligible to
attend school or is enrolled in school.
3.44. School-Age Program. Services provided by a center for the care and supervision for school-age
children.
3.45. Serious Occurrence. -An event that either harms or could potentially harm a child. It may include:
3.45. a. A child who dies while in care;
3.45. b. A child who is injured while in care to the extent that the child requires medical care beyond
immediate first aid;
3.45. c. A diagnosed reportable communicable disease that is introduced in the center;
3.45. d. A medication error that occurs;
3.45. e. A legal action involving the child or affecting the operation of the center that is brought;
3.45. f. A serious violation of a licensing requirement, such as use of physical punishment or failure to
supervise; or
3.45. g. A report is given to Child Protective Services of suspected abuse or neglect of a child at the
center.
3.46. Special Activities. Potentially dangerous organized recreation that requires special technical skills, safety
equipment, safety regulations, or involves fire or heat-producing equipment. These include, but are not limited to, Level
II water activities, archery, gymnastics, karate, horseback riding, bicycling, rock climbing and spelunking, hiking and
cookouts.
3.47. Staff Member. Any center personnel, , including substitutes and student interns, whether or not he or she
receives compensation.
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3.48. Staff/ Child Ratio. A fraction in which the numerator is one ( ( 1) qualified staff member or substitute, and
the denominator is the maximum number of children that the qualified staff member is permitted to supervise. The
number varies according to the ages and developmental levels of the children and the types of activities in which they
are participating.
3.49. Statement of Criminal Record. A signed declaration by a person of his or her arrests or convictions.
3.50. Substitute. An individual who is present at the center to maintain the staff/ child ratio when a qualified staff
member is absent.
3.51. Summer Recreation Camp. A program operated by a center that serves the same group or groups of
school age children for more than thirty ( 30) consecutive days and less than ninety ( 90) consecutive days, and operates
no less than four ( 4) hours a day and no more than twelve ( 12) hours a day.
3.52. Support Staff. Staff who carry out duties not regularly involving the supervision of children.
3.53. Teen Aide. An individual who is between thirteen ( 13) and eighteen ( 18) years of age who works with or
without compensation under the direct supervision of a qualified staff member who has a minimum of the qualifications
of an assistant director or lead teacher.
3.54. Time-out Period. A length of time when the child is removed from regular activities as a consequence for
specific behavior.
3.55. Training. Classroom instruction and programs of self-instruction including distance education provided
through a variety of media, seminars, workshops, conferences, on-the-job training, and mentoring designed to impart
knowledge or skills.
3.56. Type I Center. A day care center with a capacity of thirty ( 30) or fewer children.
3.57. Type II Center. A day care center with a capacity of thirty-one ( 31) to sixty ( 60) children.
3.58. Type III Center. A day care center with a capacity of sixty-one ( 61) or more children.
3.59. Universal Precautions. Procedures to be followed for infection control in all situations to prevent the
transmission of blood borne germs that may be spread through blood or body fluids that might contain blood.
3.60. Use Zone. The surface under and around a piece of equipment onto which the child falling from or
exiting from the equipment is expected to land.
3.61. Volunteer. An individual who provides a direct service to the center for two ( 2) or more hours a week
on a scheduled basis, without compensation, and is eighteen ( 18) years of age or older.
3.62. West Virginia Training Certificate in Early Care and Education ( WVTCECE) . A certificate for
completing one hundred twenty ( 120) hours of training in the core competencies of early childhood education awarded
through the WV Child Care Program.
§ 78-1-4. Licensing Information and Provisions.
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4.1. Requirements for a License or Certificate of Approval.
4.1. a. Before establishing or operating a day care center:
4.1. a. 1. A center operator and each member of the governing body shall verify in writing
that he or she has read this rule and is responsible for compliance with its requirements;
4.1. a. 2. A day care center, other than one operated by the state, shall obtain a license from
the Secretary; and
4.1. a. 3. A day care center operated by the state shall obtain a certificate of approval from
the Secretary.
4.1. b. A license or certificate of approval is valid for two ( 2) years from the date of issuance, unless
revoked or modified to provisional status.
4.1. c. A license or certificate of approval is valid only for the center and its location named in the
application and is not transferable.
4.1. d. A licensee shall post the license or certificate of approval in a conspicuous place in the center.
4.1. e. If the ownership of a center changes, the new owner shall apply for a license and shall not operate
until a provisional license is issued.
4.1. f. Before the location of a center changes, the licensee shall:
4.1. f. 1. Inform the Secretary of the planned change at least thirty ( 30) days prior to the
relocation; and
4.1. f. 2. Apply for a new license or certificate of approval and shall not operate at the new
location until a provisional license or certificate of approval is issued.
4.2. Application for a License or Certificate of Approval.
4.2. a. For each center to be licensed or approved, an applicant shall submit a completed application and
provide the Secretary with the following information in writing:
4.2. a. 1. A floor plan showing the proposed structure or the proposed changes to the
existing structure;
4.2. a. 2. A positive Fire Safety Inspection Report from the State Fire Marshal;
4.2. a. 3. A positive inspection from the county Department of Health, including the
Department of Health Child Care Center Inspection Report and the Department of Health Inspection Report for Food
Service Establishments;
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4.2. a. 4. A Pest Management Report as required by the WV Department of Agriculture;
4.2. a. 5. Documentation of legal authority from the Secretary of State or a business
franchise certificate from the state Department of Tax and Revenue, verifying that the applicant is organized to do
business in the state and is in good standing;
4.2. a. 6. A list of the names of the staff members and the governing body;
4.2. a. 7. Job descriptions and the center s plan for meeting staff/ child ratios;
4.2. a. 8. The qualifications of the director and staff;
4.2. a. 9. A plan for orientation training for new staff members;
4.2. a. 10. A plan for the ongoing training, supervision, and evaluation of staff members;
4.2. a. 11. An operating budget for the first twelve ( 12) months of operation and
documentation of available funds equal to the operating budget projected for the initial six ( 6) month period;
4.2. a. 12. Proof of liability insurance;
4.2. a. 13. The center s statement of purpose as described in Subsection 6.2 of this rule;
4.2. a. 14. The center' s administrative manual as described in Subsection 6.3 of this rule;
4.2. a. 15. A description of expectations for parent involvement;
4.2. a. 16. A menu review and certificate of approval as evidenced by a copy of the Day
Care Center Menu Checklist or a written statement from Child and Adult Care Food Program administered by the
Office of Child Nutrition in the Department of Education; and
4.2. a. 17. Any additional information the Secretary considers reasonable in evaluating an
applicant.
4.2. b. A licensee shall submit an application for renewal of a license or certificate of approval to the
Secretary not less than sixty ( 60) days prior to the expiration of the current license.
4.3. Waivers and Variances.
4.3. a. A center shall comply with the provisions of W. Va. Code § 49-2B-1 et seq. , the requirements of
this rule, terms of its license or certificate of approval and any plan of correction, unless a written waiver or variance has
been granted by the Secretary. A center may not obtain a waiver of the requirements of this rule on the basis of the
inability to achieve compliance with the rule.
4.3. b. A center s written request for a waiver or variance from the Secretary shall include:
4.3. b. 1. The specific requirement of this rule requested to be waived or varied; and
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4.3. b. 2. The reason or reasons for seeking a waiver or variance.
4.3. c. A waiver or variance of a specific provision of this rule may be granted by the Secretary only if the
following criteria are met:
4.3. c. 1. The center has documented and demonstrated that the provision of the rule is
inapplicable in a particular circumstance, or that the center complies with the intent of the provision in the rule in a
manner not permitted by the rule;
4.3. c. 2. The health, safety, and well-being of a child is not endangered; and
4.3. c. 3. The waiver or variance agreement contains provisions for a regular review of the
waiver or variance.
4.3. d. The waiver or variance agreement is subject to immediate cancellation if a center fails to comply
with the stated terms of this rule.
4.4. Amendment of a License or Certificate of Approval.
4.4. a. A current licensee shall apply for an amendment of a license or certificate of approval when:
4.4. a. 1. Implementing an additional program or changing a program described in the
statement of purpose; or
4.4. a. 2. Changing the licensed capacity of the center.
4.4. b. In addition to a completed application, a licensee shall submit to the Secretary in writing:
4.4. b. 1. A copy of the center s revised statement of purpose as described in Subsection
6.2 of this rule;
4.4. b. 2. The qualifications of the director and staff members;
4.4. b. 3. A copy of the center s revised plan for meeting staff/ child ratios;
4.4. b. 4. A floor plan reflecting changes to the structure being used by a day care center;
4.4. b. 5. A positive inspection report from the State Fire Marshal following any changes to
the center s operation and premises;
4.4. b. 6. A positive inspection from the county Department of Health, including the
Department of Health Child Care Center Inspection Report and the Department of Health Inspection Report for Food
Service Establishments;
4.4. b. 7. A menu review and certificate of approval as evidenced by a copy of the Day Care
Center Menu Checklist or a written statement from Child and Adult Care Food Program administered by the Office of
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Child Nutrition in the Department of Education; and
4.4. b. 8 A Pest Management Report as required by the WV Department of Agriculture.
4.5. Issuance of a Provisional License or Certificate of Approval.
4.5. a. The Secretary may issue a provisional license or certificate of approval when:
4.5. a. 1. An applicant is unable to demonstrate full compliance with this rule because the
center is not fully operational; or
4.5. a. 2. An established licensee is temporarily unable to demonstrate compliance with this
rule.
4.5. b. A provisional license or certificate of approval expires six ( 6) months after the date of issuance and
may be reinstated no more than two ( 2) consecutive times.
4.5. c. The issuance of a provisional license or provisional certificate of approval is contingent upon a
center s submission of a plan of correction to the Secretary within a time frame specified by the Secretary.
4.6. Conditions of a License or Certificate of Approval.
4.6. a. As a condition of issuing a license or an certificate of approval the Secretary may:
4.6. a. 1. Limit the age, problems, type of behaviors, or physical or mental conditions of
children allowed admission to a particular center;
4.6. a. 2. Prohibit intake of any children; or
4.6. a. 3. Reduce the number of children that the center is licensed to receive.
4.7. Denial or Revocation of a License or Certificate of Approval.
4.7. a. The Secretary may deny a license or certificate of approval when the applicant fails to achieve or
maintain compliance with the provisions of W. Va. Code § 49-2B-1 et seq. and the requirements of this rule.
4.7. b. When the Secretary denies an application or revokes a license or certificate of approval, the
licensee shall not operate the center without a court order pending administrative or judicial review.
4.8. Order of Closure. When the Secretary finds that the operation of a center constitutes an immediate danger of
serious harm to the children served by the center and issues an order of closure that terminates operation, the licensee
shall not operate the center without a court order pending administrative or judicial review, as indicated in Section 24 of
this rule.
4.9. Grievance Procedure.
4.9. a. A center shall develop and implement a written grievance procedure for families and employees.
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The procedure shall be written in clear and simple language and shall include at least the following provisions:
4.9. a. 1. A center shall ensure that families and employees can express concerns or make
complaints without fear of retaliation;
4.9. a. 2. The grievance procedure shall ensure due process; and
4.9. a. 3. The center shall explain the procedure to parents and employees and obtain written
acknowledgment that an explanation of the procedure has been provided.
§ 78-1-5. Inspection and Investigation.
5.1. An applicant or licensee shall permit the Secretary unrestricted access to the center to conduct announced
and unannounced inspections of all aspects of the center s operation and premises.
5.2. A licensee shall provide all information requested by the Secretary.
5.3. After an inspection or a complaint investigation, the Secretary may require a plan of correction.
§ 78-1-6. Governance.
6.1. Administrative Structure.
6.1. a. General. The licensee is legally accountable for the operation of the center and shall:
6.1. a. 1. Ensure the center s compliance with the provisions of W. Va. Code § 49-2B-1 et
seq. and the requirements of this rule.
6.1. a. 2. Implement a statement of purpose as described in this rule; and
6.1 a. 3. Develop policies and procedures to be kept in an administrative manual as
described in this section to guide the operation of the center.
6.1. b. A center shall have a governing body to ensure that the responsibilities of the licensee are carried
out.
6.1. b. 1. The governing body shall be comprised of at least one ( 1) parent of a child
currently served by the center, or when no parent is available for the governing body, a parent advisory committee shall
be established as described in this section;
6.1. b. 2. No staff member, staff family member, or employee of a public agency that
regulates or makes eligibility decisions for the center may serve, but the director may be an ex-officio member.
6.1. b. 3. The governing body shall meet at least four ( 4) times a year and preserve in writing
the minutes of each meeting, including but not limited to, the meeting s date and time, members in attendance, issues
considered, and decisions made.
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6.1. b. 4 . The governing body shall appoint a full-time director to manage the daily
operations at each site where a center operates; submit the director s qualifications in writing for approval by the
Secretary prior to employment; conduct an annual evaluation of the director; and oversee any necessary action
regarding the director s job performance.
6.1. c. An unincorporated, individual licensee ( owner) may act as the governing body. In addition to the
requirements listed in Paragraph 6.1. b. 4 of this Subsection, the owner shall appoint a parent advisory committee
comprised of parents of children currently served by the center that meets at least four ( 4) times a year.
6.2. Statement of Purpose.
6.2. a. An applicant or licensee shall ensure that each center has a written statement of purpose that
includes:
6.2. a. 1. The type of care and programs offered by the center;
6.2. a. 2. The goals and objectives for each of the offered programs;
6.2. a. 3. The ages of the children served;
6.2. a. 4. The licensed capacity;
6.2. a. 5. The scheduled days and hours of operation; and
6.2. a. 6. The admission and discharge policies.
6.2. b. An applicant or licensee shall ensure that the statement of purpose is:
6.2. b. 1. Available to staff members at all times; and
6.2. b. 2. Reviewed with all staff members whenever changes are made.
6.3. Administrative Manual.
6.3. a. An applicant or licensee shall ensure that each center has an administrative manual that includes the
center s policies and procedures with the dates they were implemented or revised, regarding:
6.3. a. 1. Confidentiality and information disclosure and secure disposition of records;
6.3. a. 2. Admission and discharge;
6.3. a. 3. Staff;
6.3. a. 4. Behavior management;
6.3. a. 5. Reporting of abuse and neglect;
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6.3. a. 6. Health, including, at a minimum, immunization, any parental objection to treatment,
exclusion and readmittance of the child with a communicable illness, and medication administration;
6.3. a. 7. Attendance; and
6.3. a. 8. Emergencies.
6.3. b. An applicant or licensee shall ensure that the administrative manual is:
6.3. b. 1. Available to staff members at all times; and
6.3. b. 2. Reviewed with all staff members when changes are made.
6.4. Standards of Ethical Conduct. A center shall not misrepresent or operate a program in any way that is
misleading, deceptive or illegal.
6.5. Records and Information Disclosure.
6.5. a. Records. A center shall maintain the confidentiality of all records, including:
6.5. a. 1. Child records according to the following guidelines:
6.5. a. 1. A. A center where the child is currently enrolled shall keep the child s
records on the premises and have a procedure for the maintenance, security and disposition of records;
6.5. a. 1. B. A center shall store and secure records against loss, tampering, or
unauthorized use and establish procedures restricting access to records and unauthorized use under the provisions of
W. Va. Code § 61-3C-1 et seq. ; and
6.5. a. 1. C. A center shall retain records for a minimum of three ( 3) years following
the child s discharge; and
6.5. a. 2. Staff records according to the following guidelines:
6.5. a. 2. A. A center shall keep all current staff records on file on the premises and
have a procedure for the maintenance, security and disposition of records;
6.5. a. 2. B. A center that operates at more than one ( 1) site shall keep current staff
members emergency medical information on file at each location where a staff member is employed and at a central
location;
6.5. a. 2. C. A center that operates at more than one ( 1) site may keep all staff
records at a central location.
6.5. b. Information Disclosure.
6.5. b. 1. A center shall keep all information about the child confidential and shall only
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disclose it to staff members caring for the child in accordance with the center s policies and procedures.
6.5. b. 2. A center shall obtain the written consent of the child' s parent before disclosing
information about the child, including photographs, audio or video recordings, or verbal statements about the child,
except when disclosing information to the Secretary or his or her designee.
§ 78-1-7. The Child and Family.
7.1. Admission, Discharge, Basic Rights and Records.
7.1. a. A center shall develop, implement and maintain an admission policy and procedure ensuring that
prior to the admission of the child to the center:
7.1. a. 1. The parent completes and submits an application for day care services;
7.1. a. 2. The director or designated staff member documents in the child s file, a meeting
with the parent to exchange information about the center s programs and the specific needs of the child, including
information about any individual characteristics and personality factors that may influence the child s behavior and well
being at the center, and any special family considerations that are relevant to day care;
7.1. a. 3. A center provides to the parent a copy of its statement of purpose and discusses it
with the parent;
7.1. a. 4. A center provides information about its liability insurance coverage; and
7.1. a. 5. A center informs the parent of the details of the agreements to be signed by the
parent, including, but not limited to, an agreement that:
7.1. a. 5. A. The center prohibits corporal punishment on its premises and during off-
site center activities while the child is participating;
7.1. a. 5. B. The parent has access to the center when his or her child is in attendance;
and
7.1. a. 5. C. The parent has received and discussed a copy of the center s policies on:
7.1. a. 5. C. 1. Behavior management and the reporting of child abuse and
neglect;
7.1. a. 5. C. 2. Immunization, parental objections to treatment, the dismissal and
readmittance to the center of the child with a communicable illness, procedures for notifying the child s parent in
advance of its policies on the exclusion and readmittance of ill children, procedures for informing the parent of each
child of the exclusion policy, and medication administration;
7.1. a. 5. C. 3. Confidentiality and information disclosure; and
7.1. a. 5. C. 4. Discharge policies.
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7.1. b. The center shall ensure the parent has access to a copy of this rule;
7.1. c. The center shall inform the parent of its requirements for signed permission prior to the child s
participation in field trips, water activities and other special activities; and
7.1. d. The center shall inform the parent of his or her right to report to the Secretary any complaints
related to compliance with the provisions of W. Va. Code § 49-2B-1 et seq. and the requirements of this rule.
7.2. Discharge policies. A center shall develop, implement and maintain policies and procedures, including
criteria, for a child s discharge from the center:
7.2. a. When the parent withdraws the child from a center;
7.2. b. When a center asks a parent to remove his or her child; and
7.2. c. When a center informs the parent in advance of the request for discharge, except in cases of
emergencies or investigations related to child abuse and neglect.
7.3. Basic Rights. A center shall ensure that the child and the child s family have equal access to programs
regardless of race, religion, ethnicity, gender, ability, or sexual orientation.
7.4. Information About Child. For each child enrolled at a center, the center shall maintain a file in one central
location that includes the following current information:
7.4. a. The child s name, address, sex and date of birth;
7.4. b. The name of the child s parent, and the parent s home and work telephone numbers and addresses;
7.4. c. The names, addresses and telephone numbers of at least one ( 1) additional individual who can
assume responsibility if the center cannot locate the parent;
7.4. d. The names, addresses and telephone numbers of the child s sources of primary medical care and
emergency medical care;
7.4. e. The child s health insurance coverage and policy number;
7.4. f. A signed permission from the parent for emergency medical treatment and transportation;
7.4. g. A signed permission from the parent to take photographs or make audio or video recordings of the
child;
7.4. h. A signed permission to release the child to someone other than a custodial parent, with the names,
addresses and telephone numbers of the one person or several persons permitted to take the child from the center;
7.4. i. The legal verification when one ( 1) parent is the sole legal guardian of the child;
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7.4. j. Information and special instructions from the child s parent or licensed health care provider about
any special dietary or other needs because of a medical or other reason;
7.4. k. Health records as described in Subsection 15.1 of this rule;
7.4. l. The dates of enrollment and discharge;
7.4. m. Scheduled days and hours of attendance; and
7.4. n. The name and telephone number of the school-age child s school.
7.5. Information for emergency purposes. A center shall keep two ( 2) copies of the information in Subdivisions
7.4. a. through 7.4. j of this rule, with a parent s original signature on both copies, and shall keep:
7.5. a. One ( 1) copy in the center s files to be easily accessible at all times; and
7.5. b. The other copy in the center s emergency file, described in this rule, where it is available to
accompany the child when the child is off-site.
7.6. Exchanging information with the parent. The center shall develop a plan for ongoing communication with the
parent that includes a pre-admission meeting in which the center:
7.6. a. Discusses with the parent an oral or written system for exchanging information regularly about the
child including the child s health and any events at home or at the center that may influence the child s behavior and
well-being; and
7.6. b. Provides the parent opportunities to volunteer at the center, including:
7.6. b. 1. Assisting with program activities;
7.6. b. 2. Sharing in educational activities or special events; or
7.6. b. 3. Participating in program and policy development, including membership on the
governing body or parent advisory board, attendance at planning meetings, or the completion of questionnaires about
aspects of the center s operation and programs.
§ 78-1-8. Staffing.
8.1. Staff at a day care center who are subject to the requirements of this rule include volunteers and parents who
receive compensation for their duties and who are used by the center to meet staff/ child ratios.
8.2. Persons at a day care who are not subject to this rule include:
8.2. a. An adult who is in the center for brief periods in the normal course of carrying out business or
professional activities and is not left alone with the children; or
8.2. b. A parent of an enrolled child who is at the center only for the purpose of performing parental
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responsibilities in relation to his or her own child.
8.3. Staffing Procedures.
8.3. a. A center shall develop, implement and maintain policies relating to staff employment, termination,
use of uncompensated personnel, the statement of criminal record, the Child Maltreatment Record Search Release,
compensation, and periodic performance evaluations.
8.3. b. A center shall provide new staff members with a notification letter that includes their position title,
qualifications, duties and responsibilities at the time of hire.
8.3. c. A center shall conduct performance evaluations:
8.3. c. 1. On all staff at least once a year; and
8.3. c. 2. On all newly employed staff members and staff members new to their positions,
initially, at three ( 3) months, six ( 6) months, and twelve ( 12) months.
8.3. d. A center shall provide staff members a written copy of their evaluation, signed by the center director
and the evaluated staff member, and a continuing education plan based on the evaluation.
8.3. e. A center shall maintain a file for each staff member that includes:
8.3. e. 1. A current job description;
8.3. e. 2. Written references, including three ( 3) references for the center director and two
( 2) references for other staff members; and
8.3. e. 3. Records of employment, including a duplicate copy of all performance evaluations.
8.4. Staff Requirements.
8.4. a. A center shall use staff members with:
8.4. a. 1. A good reputation and character;
8.4. a. 2. Sufficient education, training and experience to provide the skills necessary for
carrying out the essential functions of his or her job with or without reasonable accommodation;
8.4. a. 3. Sound judgment, emotional maturity, and an understanding of children;
8.4. a. 4. A demonstrated ability to perform assigned tasks;
8.4. a. 5. The ability to correct hazards that might harm the health, safety and well-being of
the children;
8.4. a. 6. The ability to work with children without mistreatment or abuse;
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8.4. a. 7. The ability to encourage children and to provide them with a variety of learning and
social experiences appropriate to the age of the children;
8.4. a. 8. The ability to support children s physical, emotional, psychological, social and
personal development; and
8.4. a. 9. The ability to communicate effectively and to respect confidentiality.
8.4. b. No person shall be on the premises or have contact with the children in care whose health or
behavior would harm the children, or who is under the influence of a controlled substance, including alcohol or a legal
pharmaceutical that impairs his or her functioning.
8.4. c. Other than the exceptions cited in Subdivision 8.4. d. of this Subsection, a center shall ensure that
each staff member has a criminal background investigation check submitted through the West Virginia Department of
Military Affairs and Public Safety, Criminal Identification Bureau ( CIB) , and an authorized agency in a previous state of
residence, if applicable, and shall keep the following information on file:
8.4. c. 1. A completed, signed and witnessed Statement of Criminal Record;
8.4. c. 2. A CIB records check, except as described in this section; and
8.4. c. 3. A report of a Federal Bureau of Investigation ( FBI) records check, for any staff
member who has lived outside West Virginia within the past five ( 5) years, or has established residence outside West
Virginia for more than one ( 1) year since turning eighteen ( 18) years of age; and
8.4. c. 4. A completed, signed, and dated Child Maltreatment Record Search Release.
8.4. d. A center does not require a criminal records check on the following:
8.4. d. 1. A new staff member who has on file at the center documentation of the required
criminal history investigations within the previous twelve ( 12) months; or
8.4. d. 2. An individual contracted to provide lessons or other services to the children while
center staff are present.
8.4. e. Prior to receiving the CIB and FBI reports required under this rule on any staff member, a center
shall have in place a safety plan that ensures that the staff member works under direct supervision and is not left alone
with a child.
8.4. f. The Secretary may require a FBI check for any reason.
8.4. g. For individuals over thirteen ( 13) and under eighteen ( 18) years of age, prior to permitting them
direct contact with the children on a regular basis, a center shall have on file a signed affidavit from the individual s
parent stating that his or her child has never been arrested or convicted of an offense against a person.
8.4. h. A center shall update the following reports in each staff member s file:
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8.4. h. 1. The Statement of Criminal Record every two ( 2) years; and
8.4. h. 2. The CIB report at least every five ( 5) years.
8.4. i. A center shall have policies and procedures that provide for the completion by a prospective staff
member of a Statement of Criminal Record and the Statement of Child Maltreatment Record Search Release.
8.5. Hiring Prohibitions.
8.5. a. A center shall not employ or use an individual who is currently under indictment or charged with any
crime, is currently on parole or probation for a felony conviction, or has been convicted or entered a plea of guilty or no
contest to any of the following:
8.5. a. 1. A violent felony crime including, but not limited to, abduction, rape, sexual assault,
homicide, hate crimes, kidnaping, felonious physical assault or felonious battery;
8.5. a. 2. Child or adult abuse or neglect, or the exploitation of a child or an incapacitated
adult;
8.5. a. 3. Domestic violence or spousal abuse;
8.5. a. 4. Felony arson;
8.5. a. 5. A felony or misdemeanor crime against a child or incapacitated adult;
8.5. a. 6. Felony Driving Under the Influence ( DUI) or drug-related offenses within the last
ten ( 10) years;
8.5. a. 7. Neglect or abuse by a care giver; or
8.5. a. 8. Pornography and sexual offense crimes involving children or incapacitated adults,
including purchase or sale of a child, incest, sexual abuse or indecent exposure.
8.5. b. A center shall not employ or use an individual who has received a finding of maltreatment in any
child protective service record.
8.5. c. The Secretary may grant a waiver for a center to employ or use an individual who has entered a
plea of guilty or no contest, or been convicted of a felony, or two ( 2) or more misdemeanor crimes that are not listed in
Subdivision 8.5. a.
8.5. d. A center shall have policies and procedures that include protocols requiring:
8.5. d. 1. A staff member to report his or her criminal arrest, charge, indictment, or
conviction for a criminal offense to a center or the Secretary within twenty-four ( 24) hours;
8.5. d. 2. The center to notify the Secretary of the staff member s report within twenty-four
( 24) hours; and
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8.5. d. 3. That the center prohibit a staff member who is accused of having sexually abused
or otherwise injured a child from caring for or having contact with children pending the outcome of an investigation.
8.5. e. A center shall have staff policies and procedures regarding waivers that include procedures to follow
when an individual requests a waiver, including procedures for:
8.5. e. 1. Informing the staff member of the waiver process and time limit for requesting a
waiver;
8.5. e. 2. Providing a statement of support for the waiver request from the center director;
8.5. e. 3. Identifying the circumstances when a center will accept a waiver; and
8.5. e. 4. Ensuring that the staff member does not have contact with, or is removed from
contact with, the children until the Secretary reaches a decision on the waiver.
8.5. f. Prior to employing staff, a center shall have on file a recent health assessment signed by a licensed
health care provider that includes:
8.5. f. 1. A health history;
8.5. f. 2. A physical examination;
8.5. f. 3. A statement that the prospective staff member is physically and emotionally capable
of caring for children; and
8.5. f. 4. A tuberculosis screening by the Mantoux method that is repeated annually.
8.5. g. For staff currently employed, a center shall keep on file a health assessment that is updated every
two ( 2) years.
8.6. Staff Responsibilities, Qualifications and Training Requirements.
8.6. a. A center shall assign one ( 1) individual the responsibility for monitoring and implementing training
and maintaining training records.
8.6. b. A center shall require newly employed staff to meet training requirements, but may grant staff
currently employed in positions at the time of the effective date of this rule up to three ( 3) years to comply with the
education and training requirements of the position described in this rule, providing he or she remains in the same
position at the same center and is in the process of acquiring the required training. Exception: Staff currently employed
at the effective date of this rule, who have been employed continuously in a day care center position for the five ( 5)
years prior to the effective date of this rule, shall be considered to meet the qualifications of their position.
8.6. c. A center may offer an applicant for a lead teacher or teacher position conditional employment for a
period of up to six ( 6) months pending completion of the pre-service education and training requirements described in
this section.
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8.6. d. Prior to or during the first week of employment and prior to having sole responsibility for a group of
children, a center shall provide orientation to the staff member that includes a review of:
8.6. d. 1. Licensing, other regulatory requirements, and a center s administrative manual;
8.6. d. 2. Policies and staff duties;
8.6. d. 3. Policies and procedures for confidentiality and information disclosure, behavior
management, reporting child abuse and neglect, and emergencies;
8.6. d. 4. Policies and procedures for basic sanitation and infection control;
8.6. d. 5. Policies and procedures for safety, including prevention of injury both indoors and
outdoors, and fire safety, including the use of fire extinguishers;
8.6. d. 6. The statement of purpose and daily schedule, including the planned program of
activities, routines and transitions; and
8.6. d. 7. Communication at a center, including procedures to inform staff of any special
dietary or other needs of the children for whom they will be responsible.
8.6. e. A center shall document that orientation training was provided by having the staff member and
center director sign a statement acknowledging receiving orientation training and shall keep the statement in the staff
member s file.
8.6. f. A center shall ensure that staff members receive approved training in:
8.6. f. 1. Cardiopulmonary Resuscitation ( CPR) and First Aid. Prior to working in a summer
recreation camp program and within six ( 6) months of employment or use in all other programs, staff members shall
have current CPR certification appropriate to the age of the children in care and current child first aid training. Except in
the first year of employment or use, training in CPR is in addition to the requirement for annual professional
development.
8.6. f. 2. Medication Administration. Prior to administering medication, the qualified staff
member shall have training from an approved training source in medication administration. Training in medication
administration may be used to meet the requirement for annual professional development described in this Section.
8.6. f. 3. Abuse Recognition and Prevention. Prior to working in a summer recreation camp
program and within six ( 6) months of employment or use in all other center programs, staff members shall have training
in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the
requirement for annual professional development described in this section.
8.6. f. 4. Annual Professional Development. Except when employed or used for a summer
recreation camp only, staff members shall have fifteen ( 15) hours of professional development training annually.
8.6. g. A center shall ensure that prior to assuming management duties, including supervising other qualified
staff members, assisting the director or serving as the designated person-in-charge of a center, a qualified staff member:
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8.6. g. 1. Completes the requirements for orientation training, annual professional
development, and management orientation training that includes a detailed review of the center s administrative manual
and management practices; and
8.6. g. 2. Co-signs with the director a statement which is kept in the staff member s file
acknowledging he or she received management training.
8.6. h. A center that operates or plans to operate programs for children twenty-four ( 24) months of age
and under shall meet the requirements in this Subdivision for staff training:
8.6. h. 1. Prior to starting the program, shall ensure that each qualified staff member caring
for the child has received a minimum of forty ( 40) hours of approved training related to the care of children twenty-four
( 24) months of age and under, and shall submit documented evidence of the training to the Secretary.
8.6. h. 2. For an existing program shall ensure that within six ( 6) months of beginning to care
for children twenty-four ( 24) months of age and under, each qualified staff member shall has a minimum of forty ( 40)
hours of approved training related to the care of children twenty-four ( 24) months of age and under. Until all staff
members meet the requirements of this section, the center shall ensure that at least one ( 1) qualified staff member is
present at all times who has completed the minimum approved training.
8.6. h. 3. In the first year of caring for children in this program, the approved training for the
qualified staff member related to the care of children twenty-four ( 24) months of age and under shall meet the
requirement for annual professional development described in this Section.
8.6. h. 4. For each year after the first year in the program, shall ensure that each qualified
staff member s fifteen ( 15) hours of annual professional development include a minimum of six ( 6) hours of approved
training related to the care of children in the program.
8.6. i. When a center operates a summer recreation camp:
8.6. i. 1. And only a summer recreation camp, a center shall ensure that, in addition to
meeting the requirements for a director in this rule, the director shall have knowledge of camp administrative practices
and at least one ( 1) season of leadership experience in a summer recreation camp or related activity; and
8.6. i. 2. In addition to other programs, a center shall ensure that the qualified staff member
responsible for the program has knowledge of camp administrative practices and at least one ( 1) season of leadership
experience in a summer recreation camp or related activity.
§ 78-1-9. Staff Responsibilities and Qualifications.
9.1. The Director shall:
9.1. a. Manage the daily operations of the center, including administering finances and human resources;
9.1. b. Supervise the teaching staff and the daily activities of support staff who provide services to the
center and conduct a staff meeting at least once a month;
9.1. c. Make curricular decisions and plans and supervise all aspects of the children s program;
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9.1. d. Communicate with staff members, children, parents, and the public;
9.1. e. Communicate with the Department and regulatory agencies to ensure compliance with all
requirements;
9.1. f. Keep a record of any hours and days he or she has regular responsibility for an assigned group of
children in a Type I or a Type II center;
9.1. g. Not have regular responsibility for an assigned group of children in a Type III center;
9.1. h. Have the following qualifications:
9.1. h. 1. Be at least twenty-one ( 21) years of age, have a minimum of a high school diploma
or equivalent, and;
9.1. h. 2. In a Type I center, have a minimum of:
9.1. h. 2. A. A CDA credential and three hundred ( 300) hours of relevant work
experience working with young children or twelve ( 12) college credits in an early care and education field and three
hundred ( 300) hours of relevant work experience working with young children; or
9.1. h. 2. B. A total of ten ( 10) years of relevant work experience;
9.1. h. 3. In a Type II center, have a minimum of:
9.1. h. 3. A. A registered Apprenticeship Certificate for Child Development Specialist;
9.1. h. 3. B. Twenty-eight ( 28) college credits, with at least nine ( 9) credit hours in
early childhood development; or
9.1. h. 3. C. Fifteen ( 15) years of relevant work experience.
9.1. h. 4. In a Type III center, have a minimum of:
9.1. h. 4. A. An associate s degree in early care and education;
9.1. h. 4. B. A degree in a related field with 12 ( twelve) credit hours in early childhood
development and ninety ( 90) practicum contact hours; or
9.1. h. 4. C. A degree in a related field and a total of two ( 2) years of relevant work
experience; and
9.1. i. Designate a person-in-charge to perform the duties of the director during all hours of operation when
the director is not present at the center. The person-in-charge shall be a qualified staff member.
9.2. Assistant Director or Lead Teacher.
9.2. a. The duties and role of assistant director or lead teacher may be shared by the director and a
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teacher.
9.2. b. The assistant or lead teacher may have responsibility for the supervision, care and education of
children and may be regularly assigned to a group of children.
9.2. c. The assistant or lead teacher shall:
9.2. c. 1. Plan and adopt programming that conforms to the core competencies of early
childhood educators in Appendix 78-1 A of this rule and may implement daily program activities;
9.2. c. 2. Coordinate the activities of teachers, assistant teachers, teaching assistants, and
assist the director with designated activities;
9.2. c. 3. Be at least twenty-one ( 21) years of age and have a minimum of one ( 1) year of
relevant work experience and one of the following additional qualifications:
9.2. c. 3. A. A CDA credential and three hundred ( 300) hours of relevant work
experience working with young children or twelve ( 12) college credits in an early care and education field and three
hundred ( 300) hours of relevant work experience working with young children;
9.2. c. 3. B. A total of two ( 2) years of relevant work experience;
9.2. c. 3. C. A registered Apprenticeship Certificate for Child Development Specialist,
or twenty-eight ( 28) college credits, with at least nine ( 9) credit hours in early childhood development.
9.3. A Teacher shall:
9.3. a. Have responsibility for the supervision, care and education of children and be regularly assigned to a
group of children;
9.3. b. Practice the core competencies of early childhood educators in Appendix 78-1 A of this rule, and
plan and implement daily program activities;
9.3. c. Coordinate the activities of assistant teachers and teaching assistants, and may assist the director,
assistant director or lead teacher with designated activities; and
9.3. d. Be at least eighteen ( 18) years of age and have a minimum of one ( 1) year of relevant work
experience and have one of the following additional qualifications:
9.3. d. 1. A West Virginia Training Certificate in Early Care and Education ( WVTCECE) or
its equivalent;
9.3. d. 2. A CDA credential and three hundred ( 300) hours of relevant work experience
working with young children or twelve ( 12) college credits in an early care and education field and three hundred ( 300)
hours of relevant work experience working with young children; or
9.3. d. 3. A total of two ( 2) years of relevant work experience.
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9.4. Assistant Teacher. An assistant teacher shall:
9.4. a. Practice the core competencies of early childhood educators in Appendix 78-1 A of this rule;
9.4. b. Work with young children with guidance from a qualified staff member who qualifies, at a minimum,
as a teacher;
9.4. c. Coordinate daily activities and supervise teaching assistants in the absence of the teacher; and
9.4. d. Have the following qualifications:
9.4. d. 1. Be at least eighteen ( 18) years of age and have a minimum of one ( 1) year of
relevant work experience;
9.4. d. 2. Have a high school diploma or a GED; and
9.4. d. 3. Have a West Virginia Training Certificate in Early Care and Education
( WVTCECE) or its equivalent.
9.5. Teaching Assistant. A teaching assistant shall:
9.5. a. Assist other qualified staff members with the care and education of the child, but shall not have
responsibility for a group of children;
9.5. b. Work under the continuous supervision of a qualified staff member who qualifies, at a minimum, as
an assistant teacher; and
9.5. c. Have the following qualifications:
9.5. c. 1. Be at least eighteen ( 18) years of age;
9.5. c. 2. Have a high school diploma or GED; and
9.5. c. 3. Be enrolled in the WVTCECE program or its equivalent.
9.6. Teen Aide. A teen aide shall:
9.6. a. Be at least two ( 2) years older than the oldest child in the group with whom he or she is working;
and
9.6. b. Not be left alone with a child other than his or her own child.
9.7. Student Intern. A center that uses student interns shall ensure that:
9.7. a. The student intern fulfills the requirements of an educational or training program;
9.7. b. The student intern performs duties under the direct supervision of a qualified staff member who has
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at least the qualifications of an assistant teacher;
9.7. c. The student intern receives periodic supervision from the educational or training program teacher-
coordinator;
9.7. d. The student intern is not left alone with a child other than his or her own child; and
9.7. e. A copy of the student intern s training plan and training agreement developed jointly by the
educational or training institution and the center are on file at the center.
9.8. Substitute. The center shall ensure that a substitute does not have sole responsibility for a group of children
and works under the continuous supervision of, at a minimum, an assistant teacher.
9.9. Support Staff. The center shall ensure that support staff have appropriate qualifications for providing
services to the center and meet the general and health requirements set forth in this rule.
9.10. Volunteer. The center shall ensure that prior to providing a direct service to the center, a volunteer:
9.10. a. Is not less than eighteen ( 18) years of age;
9.10. b. Receives direct supervision from a qualified staff member who is not less than twenty-one ( 21)
years of age; and
9.10. c. Is not left alone with a child other than his or her own child.
§ 78-1-10. Supervision of Children in Groups.
10.1. A center shall ensure that:
10.1. a. The children have adequate supervision at all times;
10.1. b. Staff members are awake and performing their duties during work hours;
10.1. c. When a play area is used that is accessible to the public, the boundaries of the play area are clearly
marked and known to the children;
10.1. d. The children remain in areas approved for daily program activities and do not go into other areas
including the kitchen, unless it is part of the planned, supervised experiences;
10.2. Children shall be assigned to distinct groups according to the following:
10.2. a. Each group shall be assigned a room or area of a room as a home base, even if the group moves
to other areas, inside and outside a center, for daily activities;
10.2. b. When more than one ( 1) group of children up to school-age uses the same room, a center shall
divide the room into a designated activity area for each group;
10.2. c. A center shall separate indoor areas regularly occupied by older children from children twenty-four
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( 24) months of age and under; and
10.2. d. A center shall ensure that a common outdoor area is not regularly used at the same time by groups
of school-age children and by groups five ( 5) years of age and younger. For short periods of time such as when
children are arriving and departing, for scheduled activities such as eating and napping, and for special occasions,
including field trips, a center may combine school-age groups of children and children five ( 5) years of age and under.
10.3. Staff/ Child Ratios.
10.3. a. When children are on the premises, a center shall ensure that at least two ( 2) staff members are on
duty at all times.
10.3. b. When only one ( 1) qualified staff person is required to meet ratios at the beginning and end of the
day, the second staff member may be a support staff member who is readily available in case of emergencies. A center
shall ensure that while children are on the premises, the qualified staff member has completed a course in child first aid
and has current certification in CPR appropriate to the age of the children in care.
10.3. c. A center shall assign each group of children to a qualified staff member or team of qualified staff
members, maintaining at all times the staff/ child ratios required under this rule. When groups are combined, a center
shall continue to maintain the staff/ child ratios required under this rule.
10.3. d. When more than one ( 1) qualified staff member is assigned to a group, a center shall designate one
( 1) qualified staff member as group leader with responsibility for planning the activities of the group to ensure that each
child in the group receives developmentally appropriate care and adequate supervision on a day-to-day basis.
10.3. e. When only one ( 1) qualified staff member is assigned to a group, a center shall have a written plan,
enabling the qualified staff member to call a second staff member for help without leaving the group.
10.3. f. In determining and maintaining the staff/ child ratio, a center shall not include any qualified staff
member who is performing other duties such as cooking, bookkeeping, or life-guarding; or another individual with
designated responsibility for a special activity; or a support staff member who is not directly working with the children
except in an emergency situation when staff may be reassigned to supervise the children.
10.3. g. In determining and maintaining the staff/ child ratio, a center shall have a plan to ensure that a
qualified substitute is available if needed and is available when a staff person is absent for longer than a continuous two
( 2) week period.
10.4. A center shall group children and consider their ages when determining the staff/ child ratio as follows:
10.4. a. A center shall count each child twelve ( 12) years of age and under who is present and being cared
for in the day care center, including a child of the director or a staff member, and shall not consider a teen aide to be a
child;
10.4. b. When children are at the center, the center may use either a single age grouping or a mixed-age
combination to calculate the ratio according to the following:
10.4. b. 1. For each single-age group at a center, the center shall maintain the staff/ child ratio
and group size described in Table A of Appendix 78-1 G of this rule;
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10.4. b. 2. For each mixed age group at a center, the center shall maintain the staff/ child ratio
and group size described in Table A of Appendix 78-1 G of this rule for the youngest child in the group; and
10.4. b. 3. When providing evening and nighttime care a center shall maintain the staff/ child
ratio and group size described in Table A of Appendix 78-1 G of this rule. In addition a center shall ensure that:
10.4. b. 3. A. One ( 1) qualified staff member supervises a maximum of eight ( 8)
children;
10.4. b. 3. B. At least one ( 1) qualified staff member is in each room visually
supervising the children at all times and checking at least hourly on each sleeping child; and
10.4. b. 3. C. Each qualified staff member required to meet the staff/ child ratio is on
the premises and within calling distance of the rooms occupied by the children; and
10.4. c. Exceptions to the staff/ child ratio are:
10.4. c. 1. During nap time:
10.4. c. 1. A. For groups of children twelve ( 12) months of age and under, a center
shall ensure that each qualified staff member required to meet the staff/ child ratio described in Table A of Appendix 78
1 G of this rule, is present in the nap area and able to see and hear all of the children at all times;
10.4. c. 1. B. For groups of children over twelve ( 12) months of age who participate
in a nap-time program, a center shall ensure that at least one ( 1) qualified staff member is in each area visually
supervising the children and each qualified staff member required to meet the staff/ child ratio is on the premises and
within calling distance of the areas occupied by the children.
10.4. c. 2. During activities away from a center including:
10.4. c. 2. A. Water activities.
10.4. c. 2. A. 1. When a child is participating in a Level I or Level II water
activity, except a swimming lesson with a qualified instructor, a center shall maintain staff/ child ratios described in Table
B of Appendix 78-1 G of this rule; and
10.4. c. 2. A. 2. When two ( 2) or more children twenty-four ( 24) months of age
and under are participating in a Level I or Level II water activity in a mixed age group, except a swimming lesson with a
qualified instructor, the center shall ensure that at least two ( 2) qualified staff members are present;
10.4. c. 2. B. Field Trips.
10.4. c. 2. B. 1. A center shall ensure that when a child is participating in a field
trip, at least two ( 2) qualified staff members are present at all times; and
10.4. c. 2. C. At all times when transporting a child, a center shall ensure that no child
is unattended in a vehicle, and a center shall maintain the staff/ child ratio described in Table A of Appendix 78-1 G of
this rule and not include the driver in the staff/ child ratio.
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§ 78-1-11. Supervision of the Individual Child .
11.1. Guidance, Behavior Management, and Discipline. A center shall:
11.1. a. Develop, implement and maintain policies and procedures for behavior management that include
the prohibitions described in Subsection 11.4. of this rule;
11.1. b. Ensure that the guidance, behavior management and discipline practices are constructive and
educational in nature, appropriate to each child s age and circumstances, and in keeping with the center s policies and
procedures;
11.1. c. Ensure that staff members are aware of behavior issues relating to an individual child, and treat
behavior problems individually and in private;
11.1. d. Delegate behavior management to qualified staff members who have an ongoing relationship with a
child; and
11.1. e. Ensure that when it appears that a child is developing a pattern of unacceptable behavior, the staff
member with the delegated responsibility for the child discusses the child s behavior in private with the director and
informs the child s parent.
11.2. Guidance. At all times, staff members are responsible for providing positive guidance that is appropriate to
each child s age, understanding and circumstances. Staff members shall:
11.2. a. Teach by example;
11.2. b. Recognize and encourage acceptable behavior;
11.2. c. Make eye contact with the child and kneel or sit beside the child whenever possible when speaking
to the child;
11.2. d. Supervise with kindness, understanding and firmness;
11.2. e. Define clear limits, set fair and consistent rules and, when appropriate, permit an older school age
child to participate in the development of rules and procedures;
11.2. f. Help a child develop self control to assume responsibility for his or her own actions;
11.2. g. Guide a child s activities in an orderly manner;
11.2. h. Prepare a child for his or her next activity a few minutes ahead of time, and allow the child a brief
transition time before beginning the new activity;
11.2. i. Help a child avoid long waiting periods when the child has nothing to do by ensuring that the
environment includes materials that hold his or her attention; and
11.2. j. Help a child feel successful at tasks and provide options if chosen tasks prove to be too difficult.
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11.3. Behavior Management and Discipline. When a behavior problem arises, qualified staff members shall:
11.3. a. Redirect the child to alternative behavior or other activities;
11.3. b. Encourage the child to control his or her own behavior, cooperate with others and solve problems
by talking things out;
11.3. c. Speak so that the child understands that feelings are acceptable, but inappropriate behaviors and
actions are not;
11.3. d. Use appropriate time-out periods only as necessary and not for over one ( 1) minute for each year
of a child s age up to a maximum of five ( 5) minutes for the child under school-age;
11.3. e. Ensure that during a time-out period the child is within sight and hearing of a staff member in a safe,
lighted and well-ventilated space;
11.3. f. Maintain perspective about the minor misbehavior of the school-age child and recognize that every
infraction does not warrant staff attention or intervention; and
11.3. g. Take action that relates to inappropriate behavior and ensure that any action that is taken is without
bias and in proportion to the child s act.
11.4. Handling Behavior Problems. Staff members and other adults at a center shall not handle behavior
problems by:
11.4. a. Subjecting a child to physical punishment of any kind, including, but not limited to, shaking, striking,
spanking, swatting, thumping, pinching, popping, shoving, spitting, biting, hair pulling, yanking, slamming, excessive
exercise or any cruel treatment that may cause pain;
11.4. b. Putting anything in or on a child s mouth as punishment;
11.4. c. Restraining a child by any means other than a firm grasp around a child s arms or legs and then for
only as long as is necessary for the child to regain control;
11.4. d. Subjecting a child to psychological punishment of any kind, including but not limited to, ridicule,
humiliation, or negative remarks about the child or the child s family, including remarks about race, gender, religion or
cultural background;
11.4. e. Using harsh or profane language, or actual or implied threats of physical punishment;
11.4. f. Punishing or threatening a child in association with food, rest or toilet training;
11.4. g. Isolating a child without supervision or placing the child in a dark area such as a box, closet or
similar confined space;
11.4. h. Permitting a child to discipline other children;
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11.4. i. Punishing an entire group for the actions of a few children; or
11.4. j. Seeking or accepting parental permission to use physical punishment or other actions prohibited by
this rule.
11.5. Difficult Behavior Plan. When a child s behavior problems continue over time, the director and staff
member with delegated responsibility shall develop and implement a plan for managing the difficult behavior. The
director shall ensure that:
11.5. a. When possible, a parent participates in the development of the plan and, in all cases, the center
shall provide the parent with a copy of the completed plan and regular written reports of the child s progress;
11.5. b. When necessary and appropriate, other professionals also participate in the development and
implementation of the plan and, when necessary, receive written reports of the child s progress; and
11.5. c. Staff members cooperate in implementing the plan and keep on file at the center a copy of the plan,
a record of the steps taken during implementation, and the child s progress in meeting the goals of the plan.
11.6. Abuse and Neglect. A center shall develop, implement and maintain policies and procedures for the
reporting of child abuse and neglect that include:
11.6. a. The definition of child abuse and neglect;
11.6. b. The requirement to report immediately, in accordance with W. Va. Code § 49-6A-1 et seq. , any
suspected incident of child abuse and neglect to the director or designated person-in-charge, and to Child Protective
Services; or when the staff member believes that the director or designated person-in-charge would not or has failed to
report the suspected incident, to the Child Abuse Hotline, 1-800-352-6513; and
11.6. c. A statement posted at the center in clear public view stating that the center reports suspected child
abuse and neglect to Child Protective Services.
11.7. Informing Staff about Behavior Management and Reporting Procedures. The center shall inform staff about
behavior management procedures and child abuse and neglect reporting by:
11.7. a. Providing each staff member a copy of its policies on behavior management and the reporting of
child abuse and neglect, and providing revised policies when changes occur;
11.7. b. Obtaining a signed and dated acknowledgment that the staff member has read and understands the
policies or revised policies; and
11.7. c. Placing the signed acknowledgment statement in the staff member s file.
11.8. Informing Parents about Behavior Management and Reporting Procedures. At the time of a child s
admission a center shall inform parents about the center s behavior management procedures and child abuse and
neglect reporting requirements by:
11.8. a. Providing to each child s parent written copies and an oral explanation of a center s policies on
behavior management and the reporting of child abuse and neglect, and updating parents on policy changes when they
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occur;
11.8. b. Obtaining a signed and dated acknowledgment that the center has explained the policies and
provided the parent with a copy. The statement shall bear the child s name, the date of enrollment, and, if different, the
date the parent signs the statement; and
11.8. c. Placing the signed statement in the child s file for as long as the child is enrolled.
§ 78-1-12. Space Requirement.
12.1. Licensed Capacity. A center shall ensure that at all times the maximum number of children participating in
activities on or off the premises does not exceed the licensed capacity determined by the separately computed area of
indoor space, outdoor space and bathroom facilities, not to exceed the lowest number of the three ( 3) computations.
12.2. Indoor Space.
12.2. a. A center shall provide a minimum of thirty-five ( 35) square feet per child of usable indoor space
that is approved by the Secretary for daily program activities. A center shall make the rooms and areas of the center
that are not approved for a child s use inaccessible to the children.
12.2. b. Indoor space for daily program activities does not include any space that is not available for a
child s activities including space occupied by columns, vestibules and corridors; fire escapes; areas used exclusively for
eating or napping; bathrooms; staff lounges; adult work areas including offices, laundry and furnace rooms; kitchens;
permanently equipped isolation areas; storage spaces; and areas occupied by furniture except for areas that have:
12.2. b. 1. Children s chairs and tables;
12.2. b. 2. Adult sized comfortable chairs or a couch;
12.2 b. 3. Moveable play equipment and shelves for children s activities; or
12.2. b. 4. A surface for changing diapers.
12.2. c. A center shall not provide activity space in a basement area unless the basement area is approved
by the State Fire Marshal.
12.2. d. When a center operates a summer recreation camp program that provides outdoor activities for six
( 6) or more hours each day, the center shall provide at least ten ( 10) square feet of useable indoor activity space per
child inside or provide a covered permanent structure that has the required activity space.
12.3. Outdoor Space.
12.3. a. A center shall provide an outdoor play area that includes a minimum of seventy-five ( 75) square
feet of space per child, or if the outdoor play area has less than that a center shall:
12.3. a. 1. Establish an outdoor play schedule for rotating groups of children to meet the
minimum space requirement and to ensure that each child has an opportunity to play outdoors each day; and
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12.3. a. 2. Submit to the Secretary for his or her approval a copy of the current outdoor play
schedule and shall use the outdoor space only after receiving the Secretary s written approval that shall be displayed at
the center for public view.
12.3. b. A center shall:
12.3. b. 1. Provide an outdoor play area that is on its premises or immediately adjacent to its
premises; or
12.3. b. 2. When neither of the options in Paragraph 12.3. b. 1. of this rule is possible, shall
submit a plan for the Secretary s approval for alternate outdoor play space to meet the children s outdoor activities
requirement and shall use the outdoor space only after receiving the Secretary s written approval.
12.3. c. When a center operates a summer recreation camp program, the center shall submit a plan for the
Secretary s approval for outdoor play space to meet the children s outdoor activities requirement and shall use the
outdoor space only after receiving the Secretary s written approval.
12.4. Bathrooms.
12.4. a. The center shall provide one ( 1) flush toilet and one ( 1) lavatory per fifteen ( 15) children, excluding
children in diapers who are not receiving toilet training.
12.4. b. When a center operates a summer recreation camp program that provides outdoor activities for six
( 6) or more hours each day, if the center receives written approval from the local health department, the center may use
a commercial portable toilet and warm water, soap, paper towels, rinse water and a pit or other method for disposing
of waste water.
§ 78-1-13. Furnishings, Equipment and Materials .
13.1. General Requirements. A center shall provide furnishings, equipment and materials that:
13.1. a. Are available in sufficient quantity for the number of children;
13.1. b. Are appropriate in type, arrangement and use for the developmental needs of the children;
13.1. c. Are durable and safe;
13.1 d. Are in good repair and free of sharp points or corners, pinch or crush points, splinters, protruding
nails or bolts, loose rusty parts, hazardous small parts that may be swallowed, identified poisons or paint that contains
lead, and are regularly inspected by staff for potential hazards;
13.1. e. Are regularly cleaned and disinfected;
13.1. f. Are evaluated at regular intervals by the director and teacher to ensure their ongoing
appropriateness for the age and number of children; and
13.1. g. Support the children s linguistic and intellectual development, and assist in providing for their
physical, emotional, psychological, social and personal needs.
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13.2. Specific furnishings shall include:
13.2. a. Children s chairs and tables that are multipurpose and not stationary;
13.2. b. Moveable play equipment;
13.2. c. Open shelves for play equipment for children s daily activities; and
13.2. d. Sleeping equipment as required in this rule.
13.3. Furnishings for Centers with Children Twenty-Four ( 24) Months of Age and Under. In centers that enroll
children twenty-four ( 24) months of age and under, or children that cannot function independently, a center s furnishings
shall include:
13.3. a. Adult-sized comfortable chairs and a table or other surface for changing diapers that has raised
sides or other features that prevent the child from falling and that are located in an area that is removed from the
activities of the other children;
13.3. b. Furniture that is child-sized or adapted for children, but jumpers and infant walkers are prohibited;
and
13.3. c. Feeding equipment that is appropriate and sufficient for the children s sizes, ages, and numbers
served. When feeding equipment is a high chair, the chair shall have a wide base and a T-shaped safety strap.
13.4. Sleeping Equipment. A center s sleeping equipment:
13.4. a. For children who participate in a nap-time program shall include:
13.4. a. 1. One ( 1) crib or playpen with a mattress for each child twelve ( 12) months of age
and under or who is up to thirty-five ( 35) inches tall;
13.4. a. 2. One ( 1) crib, playpen with mattress, mat or cot for each child between thirteen
( 13) and twenty-four ( 24) months of age; and
13.4. a. 3. One ( 1) mat, cot, or bed for each child over twenty-five ( 25) months of age;
13.4. b. For evening and nighttime programs shall not include mats as sleeping equipment;
13.4. c. For the care of an ill child shall include at least one ( 1) disinfected cot;
13.4. d. Shall be cleaned and disinfected at least once a week before another child uses it, or immediately
after it is soiled;
13.4. e. Includes the following specifications for cribs and playpens:
13.4. e. 1. The distance between the slats, side and end panels of the crib or playpen shall be
not more than two ( 2) and three-eighths ( 3/ 8) inches;
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13.4. e. 2. The mattress shall fit the crib snugly with no more than one ( 1) inch between it
and the crib;
13.4. e. 3. The crib shall be sturdy and non-collapsible;
13.4. e. 4. The height from the top of the mattress at its lowest point to the top of the crib rail
shall be at least twenty-six ( 26) inches;
13.4. e. 5. The crib drop-side latch shall hold the side securely in the raised position, be out
of the reach of the child in the crib, and be up when the crib is in use;
13.4. e. 6. There shall be no corner-post extensions over one sixteenth ( 1/ 16) inch or
decorative cutout areas in the end panels of the crib, that could entrap the child s head or catch on clothing; and
13.4. e. 7. The crib mattress shall be at least four ( 4) inches thick, the playpen pad shall be
at least one ( 1) inch thick, and each mattress or pad shall have a form-fitting cover that is durable and able to be easily
disinfected;
13.4. f. Includes the following specifications for mats:
13.4. f. 1. They shall be at least two ( 2) inches thick; and
13.4. f. 2. They shall have form-fitting covers that are durable, waterproof and able to be
easily disinfected;
13.4. g. Includes the following specifications for cots:
13.4. g. 1. The bottom of the cot s sleeping surface shall not be less than three ( 3) inches and
not more than eighteen ( 18) inches off the floor;
13.4. g. 2. The cot shall be firm enough to support the child;
13.4. g. 3. The cot shall be of sufficient size to comfortably accommodate the size and weight
of the child; and
13.4. g. 4. The cot shall be constructed of a material that can be easily disinfected.
13.4. h. Shall not permit children to:
13.4. h. 1. Sleep on the floor;
13.4. h. 2. Sleep on the floor in a sleeping bag or on bed linens alone;
13.4. h. 3. Sleep in a stacked crib or consecutively attached crib;
13.4. h. 4. Share a bed or cot, even with a family member; or
13.4. h. 5. Use a crib if they are over thirty-five ( 35) inches tall.
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13.4. i. Includes the following specifications for bedding:
13.4. i. 1. Mattresses, playpen pads or cots shall be waterproof or have a waterproof cover;
13.4. i. 2. Bedding, including sheets and blankets, shall be clean and in good condition;
13.4. i. 3. Bedding shall not be used by more than one child at a time;
13.4. i. 4. Bedding shall be used to cover all sleeping surfaces before being used;
13.4. i. 5. Seasonally appropriate covers shall be used, sufficient to maintain adequate
warmth;
13.4. i. 6. Pillows or soft, fluffy bedding shall not be used for the child twelve ( 12) months of
age and under;
13.4. i. 7. Pillows or soft, fluffy bedding made of substances of animal origin other than wool,
including feathers and animal hair, that commonly cause allergic reactions, shall be prohibited; and
13.4. i. 8. A center change bedding when soiled, prior to use by another child and at least
weekly, except sheets on cribs that shall be changed at least daily.
13.4. j. Includes the following requirements when providing evening or nighttime care:
13.4. j. 1. Each cot or bed shall have a pillow, pillow case and two ( 2) sheets; and
13.4. j. 2. When the sleeping surface is a mattress, the bottom sheet shall be secure.
13.5. Indoor Activity Equipment and Materials. A center shall provide equipment and materials for indoor
activities that:
13.5. a. Are appropriate to the child s age and developmental level;
13.5. b. Support many types of activities, including social and fantasy play; exploration and mastery of skills
and language; music, art and movement; and gross motor experiences as described in Appendix 78-1 B of this rule;
13.5. c. Are available in sufficient quantity to permit each child to choose from among several of each type,
to allow for sharing and prevent conflict, and to allow staff to keep reserves for rotation;
13.5. d. Represent diverse cultures, ethnic groups, gender roles and abilities in ways that do not reinforce
stereotypes;
13.5. e. Are clearly organized within activity areas that support programming goals and allow for adequate
supervision;
13.5. f. Are complete, sturdy, clean and in good working condition;
13.5. g. Are lead-free and otherwise nontoxic; and
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13.5. h. Maximize safety by ensuring that:
13.5. h. 1. Indoor play equipment, shelves, and large objects, such as televisions and
computer monitors, are firmly anchored;
13.5. h. 2. Use zones are extended by at least six ( 6) feet in all directions from the perimeter
of indoor climbing equipment, and landing mats are provided that are at least four ( 4) inches thick, constructed of
materials such as rubber or a rubber composition, and securely fixed in place;
13.5. h. 3. Small objects, toys and toy parts that have diameters of less than one ( 1) and one
quarter ( 1/ 4) inch that can be swallowed are not accessible to children less than four ( 4) years of age; and
13.5. h. 4. Plastic bags and styrofoam objects are not accessible to the child less than four
( 4) years of age, and that balloons are completely prohibited.
13.6. Outdoor Activity Equipment and Materials. A center shall provide equipment and materials for outdoor
activities that:
13.6. a. Are appropriate to the child s age and developmental level;
13.6. b. Support many types of experiences as listed in Appendix 78-1 B of this rule;
13.6. c. Are available to the child in sufficient quantity to permit each child to choose at least two ( 2) types
of outdoor play experiences and to allow for sharing and prevent conflict;
13.6. d. When a child is not ambulatory, are appropriate for outings, such as a stroller or carriage; and
13.6. e. Maximize safety by ensuring that:
13.6. e. 1. All outdoor equipment is installed, maintained and used in accordance with the
manufacturer s instructions;
13.6. e. 2. The position of the outdoor equipment prevents hazards from conflicting activities;
13.6. e. 3. The use zones are free of obstacles, except for the support structures for the
swings;
13.6. e. 4. The supports for climbers, swings, and other heavy equipment are securely
anchored so that they pose no threat to the children s safety, even when the equipment is designed to be portable;
13.6. e. 5. Each swing frame for the child 24 ( twenty-four) months of age and under has a
maximum of two ( 2) seats;
13.6. e. 6. Metal equipment is in the shade, if at all possible;
13.6. e. 7. When the center has a sand box, that the box permits drainage, is covered when
not in use, and that the sand does not contain toxic or other harmful materials and is free of animal excrement and other
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debris; and
13.6. e. 8. The outdoor area is free of wading pools and other equipment that might hold
water and pose a drowning hazard to the child.
13.7. Storage of Equipment, Materials and Supplies. A center shall provide storage for equipment, materials and
supplies that includes:
13.7. a. A low, open shelf for activity items so that children may select, remove and replace items
independently;
13.7. b. A container, shelf, or cupboard that is inaccessible to children but permits staff to reach supplies,
such as clean diapers, without leaving a child unattended;
13.7. c. A closet when used that is accessible to children and has a latch with an internal release so that the
door can be opened by a child inside the closet; and
13.7. d. Separate storage areas for each child s personal belongings, including appropriate safe storage for
the school-age child s money and ongoing projects.
§ 78-1-14. Program.
14.1. For each program offered, a center shall prepare and follow a written daily schedule that:
14.1. a. Reflects the goals and objectives set out in the statement of purpose;
14.1. b. Is based on knowledge of child development and learning, and on the needs of the enrolled
children;
14.1. c. When necessary to accommodate the needs of a child, follows a written individualized plan,
developed with advice from a variety of professional sources, including, but not limited to, an early intervention
specialist or a licensed health care provider; and
14.1. d. Is posted in clear, public view.
14.2. A center shall ensure that each program includes flexible program activities that:
14.2. a. Are appropriate to a child s age and developmental level;
14.2. b. Include an appropriate balance of:
14.2. b. 1. Indoor and outdoor activities;
14.2. b. 2. Activities that use both large and small muscles;
14.2. b. 3. Quiet and active play periods;
14.2. b. 4. Active and passive learning experiences;
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14.2. b. 5. Individual and several types of group activities; and
14.2. b. 6. Teacher-initiated and child-initiated activities;
14.2. c. Provide opportunities for a child to choose from among several possible activities, or choose not to
participate in structured activities at certain times of the day;
14.2. d. Provide a variety of social experiences through grouping arrangements, including mixed-age
experiences, that take into account each child s level of maturity;
14.2. e. Include routines at regularly scheduled times, such as sleeping, eating, dressing, toileting, hygiene
and diapering;
14.2. f. Are planned so that a child has sufficient time to progress at his or her own developmental rate and
does not experience a prolonged waiting period between activities or tasks;
14.2. g. Provide a child with the freedom to get a drink of water or go to the toilet as he or she feels the
need, in keeping with the requirements of this rule; and
14.2. h. Respect cultural diversity and incorporate aspects of a child s culture, including his or her language,
traditional food and celebrations.
14.3. A center shall ensure that each program follows guidelines for:
14.3. a. Sleeping routines. A center shall:
14.3. a. 1. Provide a designated area where a child can sit quietly or lie down to rest;
14.3. a. 2. Ensure that a child twenty-four ( 24) months of age and under is able to nap
according to his or her developmental needs;
14.3. a. 3. Ensure that the schedule for a child between twenty-five ( 25) months of age and
school-age who is in care for more than four ( 4) daytime hours includes a regular nap period of at least one ( 1) hour
each day for the child who sleeps, an opportunity for rest and quiet play for the child who is unable to sleep during the
nap period, and a regular nap period for the school-age child who needs it; and
14.3. a. 4. Ensure that staff members initially place the child six ( 6) months of age and under,
or under the age when he or she can turn over independently, on his or her back unless the parent provides a written
statement from a licensed health care provider prohibiting the child from being placed in that position for sleep;
14.3. b. Brushing Teeth. A center shall provide appropriate opportunities for the children in care to have
supervised practice of brushing teeth; and
14.3. c. Outdoor Activity. When a child is in care for more than four ( 4) daytime hours, weather and
circumstances permitting, a center shall provide a minimum of one ( 1) hour of outdoor activity daily, on days when the
temperature is forty ( 40) degrees Fahrenheit or more, and may provide outdoor activity on other days, as appropriate.
14.4. For children twenty-four ( 24) months of age and under, a center shall follow these additional daily program
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requirements:
14.4. a. Beginning with the pre-admission meeting between the director or designated staff member and the
parent, a center shall work with a child s parent to prepare a written schedule that:
14.4. a. 1. Respects a child s normal pattern of activities, sleeping and eating;
14.4. a. 2. Is consistent with a child s needs and capabilities;
14.4. a. 3. Provides a child with opportunities to interact with staff members, participate in
program activities, be outdoors daily as appropriate, and be diapered or toileted as needed; and
14.4. a. 4. Identifies qualified staff who will primarily care for the child.
14.4. b. A center shall ensure that the schedule is available for reference in the child s program area.
14.4. c. A center shall ensure that qualified staff members:
14.4. c. 1. Evaluate and modify the schedule on a frequent and regular basis, according to
the child s developmental needs and in consultation with the child s parent;
14.4. c. 2. For each child twelve ( 12) months of age and under, prepare a written daily
report with information about a child s activities in the following areas:
14.4. c. 2. A. Food intake;
14.4. c. 2. B. Sleeping patterns;
14.4. c. 2. C. Bowel movements;
14.4. c. 2. D. Developmental milestones, such as sitting and crawling; and
14.4. c. 2. E. Unusual events.
14.5. Staffing Pattern. A center shall arrange its staffing pattern so that each child has a primary care giver who is
a qualified staff member. Staff members shall interact personally with the infant, toddler, and child under school age by:
14.5. a. Holding, rocking and playing whenever possible, including while bathing, dressing and carrying the
child;
14.5. b. Encouraging positive communication and language development by making eye-to-eye contact
with the child, singing, talking, reacting to the child s sounds, naming objects, reading stories and playing musical games;
14.5. c. Paying attention to crying and meeting the immediate needs of the child;
14.5. d. Ensuring that no child is routinely left in a crib or playpen, except for sleep or rest; and
14.5. e. Providing a child who is awake play equipment and opportunities to play freely on a clean, safe
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floor.
14.6. For school-age children, a center shall follow these additional daily program requirements:
14.6. a. A center shall post a daily schedule of activities that reflects the time of day and the number of
hours that it provides care before school, after school, and on days when school is closed;
14.6. b. A center shall ensure that the program described in the daily schedule meets the requirements of
Subsection 14.1 of this Section, includes activities that reflect a school age child s interests and skills, and provides
opportunities for the child to:
14.6. b. 1. Be involved in activity planning, including his or her own;
14.6. b. 2. Complete homework and work on projects or hobbies;
14.6. b. 3. Be involved with children of the same age;
14.6. b. 4. Join in group play and community activities; and
14.6. c. A center shall ensure that staff members in school age programs have the skills and training to
respond to the needs of the older child and recognize that interactions with the school age child differ significantly from
interactions with the younger child. The staff members shall:
14.6. c. 1. Actively seek meaningful conversations with a child and talk about events of
importance and mutual interest;
14.6. c. 2. Be available and responsive to a child, listen with attention and respect, and
encourage the child to share experiences, ideas and feelings;
14.6. c. 3. Help a child develop problem-solving skills by describing problems and
encouraging him or her to evaluate the situation;
14.6. c. 4. Facilitate rather than instruct by offering suggestions, providing positive
reinforcement, and encouraging efforts, and recognizing accomplishments; and
14.6. c. 5. Have developmentally appropriate expectations of a child s social behavior.
14.7. Summer Recreation Camp. A center operating a summer recreation camp shall follow these
guidelines:
14.7. a. Other than the requirements in Subsection 14.1 of this rule, a center shall ensure that the daily
schedule provides for outdoor or off-site activities a majority of the time;
14.7. b. Other than the requirements of Subdivision 14.7. c. of this rule, a center may from time to time
schedule an occasional overnight activity;
14.7. c. When a center that operates a summer recreation camp program schedules an overnight activity,
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the center shall provide a mat, cot or bed for each child; and
14.7. d. When a center provides evening or night time care, the center shall:
14.7. d. 1. Plan a program that respects the normal sleeping periods, and evening and
morning routines of the child;
14.7. d. 2. Establish and post a schedule for the child in consultation with the child' s parent
that provides for:
14.7. d. 2. A. Quiet activities before bedtime and opportunities for the older child to
complete homework or work on projects or hobbies;
14.7. d. 2. B. Meals and snacks;
14.7. d. 2. C. Routine preparations for bed; and
14.7. d. 2. D. Dressing in the morning, when applicable.
14.7. d. 3. Ensure that no child remains in care for more than eighteen ( 18) hours in a
twenty-four ( 24) hour period;
14.7. d. 4. Ask the parent to provide for the child s personal use a clean, comfortable,
nonflammable or flame retardant sleeping garment and other personal items, such as a comb or brush, and label the
child s personal use items; and
14.7. d. 5. Ensure that staff members supervise a child s bath or individual shower,
respecting the child s privacy according to the child s developmental needs.
14.8. Active Media. When a center plans an activity that involves active media, the center shall ensure that:
14.8. a. The active media supplements but does not replace traditional early childhood materials;
14.8. b. A child has a choice of other activities and materials;
14.8. c. Staff members are available to support the activity by discussing the use of the active media with
the child;
14.8. d. The computer software chosen is developmentally appropriate and supports creative play and
learning; and
14.8. e. No video games or computer software with sexual or violent content, profanity or aggressive
behavior are used.
14.9. Passive Media. Regarding passive media, a center shall ensure that:
14.9. a. Passive media is not routinely part of the daily schedule;
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14.9. b. When passive media is used, that staff members are available to support the use of it by discussing
what is viewed with the child;
14.9. c. When a center allows the child to watch television programs and movies, the contents are designed
to benefit the child, viewing time is limited and the child who does not wish to watch has a choice of other activities; and
14.9. d. No television programs, cartoons or movies with sexual or violent content, profanity or aggressive
behavior are viewed.
14.10. Special Activity. When a center participates in a special activity, the center shall provide staff who are
trained and supervised to enforce safety regulations, provide necessary instructions, and identify and manage
environmental and other hazards related to the special activity. Prior to the special activity the center shall:
14.10. a. Have on file an activity plan that includes, but is not limited to:
14.10. a. 1. The qualifications of the supervisor of the special activity;
14.10. a. 2. The special qualifications, if any, of any other staff member necessary for
adequate supervision of the activity;
14.10. a. 3. A supervision plan that includes the number of staff members needed to
adequately supervise the activity;
14.10. a. 4. The conditions under which a child may participate in the activity, such as the
child s age or skills;
14.10. a. 5. Any special equipment necessary, such as life jackets, helmets, or other safety
gear; and
14.10. a. 6. Special safety practices and emergency procedures;
14.10. b. Provide the parent with a copy of the activity plan and have written permission dated and signed
by the parent for the child s participation in the activity; and
14.10. c. Assign appropriate staff to the activity by:
14.10. c. 1. Choosing a staff member for the special activity who has appropriate
experience, training or certification in the activity;
14.10. c. 2. Having on file at the center verification of the responsible staff member s
experience, training or certification; and
14.10. c. 3. Ensuring that the responsible staff member is present at the site of the activity.
14.11. Water Activities. When a center plans water activities, the center shall:
14.11. a. Have on file at the center written permission dated and signed by the parent prior to the child s
participation in any water activity;
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14.11. b. Ensure constant supervision of a child participating in any aspect of any activity involving water;
14.11. c. Ensure adequately prepared staff who are in the water or prepared to enter it at any time and
have a system, known to the children and staff members, for checking to ensure that each child is safe when in the
water;
14.11. d. Ensure that when a child is participating in a Level I or Level II water activity, a staff member is
present who has successfully completed training in first aid and CPR, appropriate to the age of the child;
14.11. e. Ensure that when a child is participating in a Level II water activity, the activity is also guarded by
an individual who:
14.11. e. 1. Is an appropriately certified lifeguard;
14.11. e. 2. Has skill in rescue and emergency procedures specific to the aquatic area and
activities guarded; and
14.11. e. 3. Is trained and supervised to enforce safety regulations, provide necessary
instructions, and identify and manage environmental and other hazards related to the aquatic activity; and
14.11. f. Ensure proper equipment and safety further by:
14.11. f. 1. Evaluating the child and classifying the child as either a swimmer or a non
swimmer, prior to allowing a child to participate in a Level II water activity;
14.11. f. 2. Assigning equipment, facilities and activities equivalent to the child s individual
abilities and based on a child s classification; and
14.11. f. 3. Ensuring that rescue equipment is in full working condition, available and
accessible to a child at each water activity site.
14.12. Field Trip. When a center plans a field trip, the center shall:
14.12. a. Have on file a written field trip plan that includes:
14.12. a. 1. The names of the children, staff members and any other participants on the field
trip;
14.12. a. 2. The departure and return times;
14.12. a. 3. The means of travel and routes to be taken;
14.12. a. 4. An alternate plan in case of bad weather;
14.12. a. 5. The name of a contact person at the center;
14.12. a. 6. The name, address and telephone number, if applicable, of each destination;
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14.12. a. 7. Relevant safety rules to be followed; and
14.12. a. 8. Special emergency procedures;
14.12. b. Written permission from the child s parent prior to the field trip; and
14.12. c. The name or names of the assigned qualified staff member or members responsible for the field
trip who shall take with him or her a copy of the written field trip plan, first aid supplies and emergency information for
each participating child.
§ 78-1-15. Health.
15.1. Child Immunization Records.
15.1. a. Within thirty ( 30) days of admitting a child, a center shall have on file a record of a child s
immunizations or a plan for completion signed by the child s licensed health care provider.
15.1. b. Exemptions from immunization requirements shall be available for parents who provide written
documentation of religious objections to immunization or who provide a signed statement from the child s licensed
health care provider indicating that immunization is contraindicated based on the child s medical condition.
15.2. Child Health Assessment.
15.2. a. A center shall have on file no later than thirty ( 30) days after the admission, the child s health
records, including a record of a health assessment signed by the child s licensed health care provider, that includes the
following medical and developmental information, and any special required instructions for the center:
15.2. a. 1. The child s current height and weight;
15.2. a. 2. A description of any allergy, current health problem or condition that may affect
the child s adaptation to care, including abnormal results of screening tests, for vision, hearing, tuberculosis, or lead
poisoning;
15.2. a. 3. Prescribed daily medications and any potential side effects; and
15.2. a. 4. The child s health history, including, as applicable, information about a serious
illness or significant communicable disease, an injury that required medical attention or hospitalization, a previous
surgery, or a history of prematurity.
15.2. b. A center shall ensure that a child s health assessment is updated with new or current information
according to the schedule established by the American Academy of Pediatrics, or at least every six ( 6) months for the
child twenty-four ( 24) months of age and under, and at least every two ( 2) years for the child twenty-five ( 25) months
and over.
15.2. c. If a child is between six ( 6) weeks and three ( 3) months of age, a center shall have on file a
statement signed by the child s licensed health care provider permitting the child to enter group care.
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15.3. Medical Treatment.
15.3. a. A center shall develop, implement and maintain health policies and procedures that include
protocols to follow when medical treatment is required by a child whose parent has on file a signed statement objecting
to treatment.
15.3. b. When the child s parent objects to medical treatment on the grounds that it conflicts with the
convictions of his or her religion or conscience, the center shall have on file a statement of the objection to treatment
signed by the child s parent.
15.4. Child Illness at the Center.
15.4. a. A center shall ensure that staff members observe a child daily and watch for changes that may
indicate injury, infestation or illness, and record any observed changes in the child s file. Changes include:
15.4. a. 1. Behavior or appearance that is unusual for a child;
15.4 a. 2. A skin rash, itchy skin, or itchy scalp; or
15.4. a. 3. A complaint of pain or not feeling well.
15.4. b. When staff members observe changes in a child that may indicate illness or when a child is ill, staff
members shall:
15.4. b. 1. Remove the child to a designated quiet area to rest comfortably under
supervision;
15.4. b. 2. Take the child s temperature and record it in the child s file;
15.4. b. 3. Use universal precautions, as required; and
15.4. b. 4. Contact the child s parent or other individual authorized by the parent to assume
responsibility for the child.
15.4. c. When taking a child s temperature, staff members shall not use a mercury thermometer or the
rectal method for any child.
15.4. d. A center shall inform the parent and suggest that the parent consult a licensed health care provider
for a child who has a fever:
15.4. e. A center shall exclude a sick child from the center:
15.4. e. 1. Immediately when a child has a serious communicable illness;
15.4. e. 2. When the illness prevents a child from participating in routine activities;
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15.4. e. 3. When a child s illness results in a greater need for care than staff members can
provide without compromising the health and safety of the other children;
15.4. e. 4. When a child appears to have any of the following symptoms, unless a licensed
health care provider determines that they do not indicate a communicable disease:
15.4. e. 4. A. Fever with stiff neck, lethargy, irritability, or persistent crying;
15.4. e. 4. B. Diarrhea in addition to signs of dehydration, such as a decrease in
urination as indicated by a reduction in the number of wet diapers, no tears when crying or a decrease in activity, or
blood or mucus in the stool;
15.4. e. 4. C. Vomiting three ( 3) or more times, or with signs of dehydration;
15.4. e. 4. D. Undiagnosed rash that is accompanied by a behavior change, difficulty in
breathing or joint pain, or that is characterized by open sores, blood, red or purple pin-head spots, or bruises not
associated with an injury, or lasts more than one ( 1) day;
15.4. e. 4. E. Mouth sores with drooling;
15.4. e. 4. F. Infestation, such as scabies or head lice;
15.4. e. 4. G. Abdominal pain that is persistent, or intermittent with other signs such as
a fever;
15.4. e. 4. H. Difficulty in breathing; or
15.4. e. 4. I. Lethargy such that the child does not play; and
15.4. e. 5. When a child has any of the following diagnosed conditions:
15.4. e. 5. A. Diarrhea and blood or mucus in the stool;
15.4. e. 5. B. Contagious signs of pertussis, measles, mumps, chicken pox, rubella or
diphtheria;
15.4. e. 5. C. Streptococcal infection until treated with antibiotics for twenty-four ( 24)
hours;
15.4. e. 5. D. Pinkeye with yellow or white discharge;
15.4. e. 5. E. Untreated tuberculosis; or
15.4. e. 5. F. Other conditions as determined by a licensed health care provider.
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15.4. f. When excluding a child to prevent transmission of illness or readmitting a child who has been
excluded, the center shall abide by the following guidelines:
15.4. f. 1. During the course of an identified outbreak of any communicable illness, the center
shall exclude the child if a licensed health care provider determines that the child is contributing to the transmission of
the illness;
15.4. f. 2. When a child has been diagnosed with a vaccine-preventable communicable
disease, a center shall exclude the child who has not been immunized against the disease until a licensed health care
provider determines that a risk of disease transmission has passed;
15.4. f. 3. When a licensed health care provider excludes a child because of a communicable
illness, a center shall readmit the child only after the child s parent provides a signed statement from a licensed health
care provider that the risk of transmission is no longer present and the child is well enough to participate in center
activities; and
15.4. f. 4. After receiving a signed statement from a licensed health care provider that the
child poses no health risk to the children at the center, the center may permit the child to remain at the center.
15.4. g. Guidelines for handling reportable diseases introduced in a center include that:
15.4. g. 1. A center shall report to the local health department the introduction of a diagnosed
reportable disease as listed in Appendix 78-1 C of this rule, including, chickenpox, diphtheria, giardia lambia, hepatitis
A, mumps, meningitis, pertussis ( whooping cough) , rheumatic fever, rubella ( German measles) , rubeola ( measles) ,
salmonella, shigella, and tuberculosis;
15.4. g. 2. A center shall inform the parent of each child immediately of the presence of the
disease and the need to contact a licensed health care provider for further information; and
15.4. g. 3. A center shall complete a serious occurrence report as required under this rule.
15.4. h. Medication Administration. With advice from a licensed health provider, a center shall develop,
implement and maintain health policies and procedures that include the following procedures for the administration of
medication:
15.4. h. 1. A center shall only administer medication with written permission from the child s
parent, and with a prescription or a written order from a physician or other licensed health care provider;
15.4. h. 2. A center may refuse to administer non prescriptive medications;
15.4. h. 3. A center shall store all medication in its original bottle or package in a locked
cabinet or container that is inaccessible to children, away from food, and refrigerated or unrefrigerated according to
instructions on the prescription, order or label. When a center stores medication and food in the same refrigerator, the
center shall place the medication in a sealed plastic container;
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15.4. h. 4. A center shall ensure that medication is only administered by designated qualified
staff members with training in medication administration;
15.4. h. 5. A center shall ensure that medication is only administered when:
15.4. h. 5. A. The prescriptive medicine bottle or package has the original
pharmacy label showing the prescription number, name of the medication, date the prescription was filled, the
physician s name, the child s first and last names, specific, legible directions for administration and storage, and the
expiration date; or
15.4. h. 5. B. The original non prescriptive medicine bottle or package also has a
label with the child s first and last names, specific, legible directions for administration and storage, and the name of the
licensed health care provider who wrote the order and the date of the order;
15.4. h. 6. A center shall ensure that before administering medication when the directions are
not legible, staff members check with the child s licensed health care provider or, if applicable, the pharmacy that filled
the prescription;
15.4. h. 7. When a child no longer needs the medication or its expiration date passes, a
center shall return the medication to the parent, and document the date of its return. A center shall not administer
medication after its expiration date;
15.4. h. 8. A center shall ensure that records of medication administration are kept:
15.4. h. 8. A. In a medication log that is cumulative; and
15.4. h. 8. B. Completed in ink by the staff member who administers the medication,
and includes the child s name, the date and time of the administration, the name and dosage of the medication, the
child s reaction, if any, and the name of the staff member who administered it;
15.4. h. 9. A center shall ensure if and when a medication error is made, the staff member
who makes the error:
15.4. h. 9. A. Informs the center director and the parent of the child affected by the
error;
15.4. h. 9. B. Contacts the licensed health care provider of the child affected by the
error;
15.4. h. 9. C. Completes a serious occurrence report as required under this rule;
15.4. h. 9. D. Observes the child for any reaction to the error and, if a licensed health
care provider has been contacted, follow the provider s instructions; and
15.4. h. 9. E. Draws a line through an incorrect recording entry, initials the error and
writes the correct information; and
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15.4. h. 10. A center may permit a child to self-administer his or her own medication under
the following circumstances:
15.4. h. 10. A. With written permission from the child s parent and physician and in
accordance with procedures established in this rule, a child may self-administer asthma medication, emergency allergy
medication or other similar emergency medication;
15.4. h. 10. B. With written permission from the child s parent and physician, the
center may establish procedures to permit the child, under supervision, to self-administer insulin or other injected
medication that the child requires; or
15.4. h. 10. C. When the child self-administers medication, qualified staff members will
keep a written record of the administration in the medication log.
15.4. i. Prior to the application of sun screen for outdoor play, the center shall:
15.4. i. 1. Have written permission from the parent on file;
15.4. i. 2. Ensure that the sun screen is labeled with the child s first and last names;
15.4. i. 3. Give the parent written information about the sun screen;
15.4. i. 4. Ensure that a staff member applies sun screen to a child up to four ( 4) years of
age; and
15.4. i. 5. Permit a child more than four ( 4) years of age to apply his or her own sun screen
under the direct supervision of a staff member.
15.5. Dental Health.
15.5. a. A center shall develop a dental health plan that provides for staff training in oral health concepts
and child oral health education, appropriate to the age of the children at the center.
15.5. b. Staff members shall not give a child a bottle, a sipping cup of milk or juice as a pacifier.
15.5. c. For a child twenty-five ( 25) months and over, a center shall ensure that the child:
15.5. c. 1. Has a personally labeled toothbrush with bristles in good condition, that is stored
in a sanitary manner so that it does not touch another toothbrush and that its bristles are exposed to the air to dry;
15.5. c. 2. Does not share his or her toothbrush with other children; and
15.5. c. 3. Uses toothpaste that is dispensed in a sanitary manner.
§ 78-1-16. Nutrition and Food.
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16.1. Dietary Guidelines. A center shall provide children with meals and snacks that are consistent with the
United States Department of Agriculture s current Dietary Guidelines for Americans as set forth in Appendix 78-1 D of
this rule.
16.2. Special Dietary Needs. When planning meals and snacks a center shall:
16.2. a. Consider information provided by the parent or a licensed health care provider about a child' s
special dietary needs, including special needs because of a medical condition or other reason, such as vegetarianism or
a religious prohibition; and
16.2. b. Keep information about the child s special dietary needs in a location that is accessible to staff who
prepare and serve food, while protecting a child s right to confidentiality.
16.3. Food Groups. A center shall include foods from the four ( 4) basic food groups: milk, protein, fruits and
vegetables, and grains, as listed in Appendix 78-1 D of this rule, for the child thirteen ( 13) months of age and over as
follows:
16.3. a. Breakfast shall include at least one ( 1) item from three ( 3) of the food groups;
16.3. b. Lunch or supper shall include at least one ( 1) item from each of the four ( 4) food groups; and
16.3. c. Snacks shall include at least one ( 1) item from two ( 2) of the food groups.
16.4. Frequency of Meals. A center shall ensure that no more than four ( 4) hours elapse between meals and
snacks, unless a child is asleep. A center shall provide meals and snacks according to the following requirements:
16.4. a. A center that is open from morning through afternoon shall serve a morning snack or breakfast,
lunch and afternoon snacks;
16.4. b. A center with a school-age program shall serve a snack to the school-age child arriving after
school;
16.4. c. A center that provides care before seven ( 7) o clock in the morning shall serve breakfast;
16.4. d. A center that provides care to the child whose planned attendance extends until after seven ( 7)
o clock in the evening shall serve supper; and
16.4. e. A center shall provide at least one ( 1) hot meal a day to each enrolled child who is present at meal
time, except due to a special event or unusual circumstance.
16.5. Quantity for Daily Requirements. A center shall follow the meal patterns listed in Appendix 78-1 D of this
rule and serve a child:
16.5. a. Who is in attendance from four ( 4) hours to seven ( 7) hours, a quantity of food that will supply a
minimum of one-third ( 1/ 3) of the daily requirements of the current Dietary Guidelines for Americans listed in Appendix
78-1 D of this rule;
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16.5. b. Who is in attendance for eight ( 8) or more hours, a quantity of food that will supply one-third ( 1/ 3)
to one-half ( ½ ) of the daily requirements of the current Dietary Guidelines for Americans as listed in Appendix 78-1 D
of this rule; and
16.5. c. Servings of food appropriate to the age of the child, and make additional food available for the
child who has eaten the food served and is still hungry.
16.6. Requirements for Milk and Juice.
16.6. a. A center shall serve the child only pasteurized, inspected, Grade A approved milk to drink, and
shall not use powdered milk except for cooking.
16.6. b. A center shall serve the child only commercially pasturized, one hundred ( 100) percent fruit juice
to drink.
16.7. Food Service. A center shall serve food according to the following:
16.7. a. A center shall provide a child with age-appropriate and developmentally suitable eating utensils;
16.7. b. Staff members shall encourage a child to eat the food served, but shall not coerce or force feed a
child;
16.7. c. Staff members shall eat meals and snacks with a child twenty-five ( 25) months of age and over and
shall eat the same food as the child unless excused from eating specific foods for medical or religious reasons; and
16.7. d. The meals shall be served in a setting that encourages socialization, where the children and staff
members are seated when eating, and staff members provide supervision and model positive eating behaviors and
social interactions.
16.8. Menus.
16.8. a. A center shall post menus for all food served a minimum of one ( 1) week in advance for the parent
to see.
16.8. b. A center shall follow written menus as planned and write any changes on the posted menus.
16.8. c. A center shall date menus and keep them on file for a minimum of two ( 2) months.
16.9. Food Safety. A center shall ensure that:
16.9. a. Food preparation areas, service areas, storage areas, and equipment and utensils are clean and in good repair;
16.9. b. An off-site supplier of meals or snacks has a Food Service Permit;
16.9. c. The Bureau for Public Health has approved the method of transporting and distributing the food
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taken for a child to consume during a field trip;
16.9. d. With the exception of bottles of formula, expressed breast milk, or previously unopened containers
of baby food brought to a center by a parent for consumption by his or her own child, a center serves only food and
beverages provided by a center or brought into a center from an approved source as defined by the health department;
16.9. e. Leftover portions of food that have been served are discarded;
16.9. f. Prior to serving milk to a child, except when its original container is a single service container, staff
pours the milk from the original container into a clean, sanitized and labeled bottle or a disposable, sterile bottle liner, or
into a sanitized glass or single-service cup and shall not pour the milk back to its original container or store it for later
use;
16.9. g. Ice is made with water from an approved source; and
16.9. h. Ice used for cooling is not consumed by the child, and water from melted ice used for cooling does
not contaminate food to be served.
16.10. Additional Nutrition and Feeding Requirements for a Child Twelve ( 12) Months of Age and Under.
16.10. a. A center caring for a child twelve ( 12) months of age and under shall feed the child according to a
plan developed in consultation with the parent and may include advice from the child' s licensed health care provider.
16.10. b. When a child is being breast fed, a center shall ensure that the child s plan makes a provision for
the mother to provide sufficient portions of breast milk or an alternative to satisfy the child throughout the day, and a
center shall not give commercial formula to the child receiving breast milk without written permission from the mother.
16.10. c. For the child between six ( 6) months and three ( 3) years of age a center shall not replace formula
or breast milk with water.
16.10. d. Until a child is able to hold a bottle securely, a staff member shall hold the child while bottle
feeding. When a child is no longer being held for feeding, the staff shall ensure that seating is age-appropriate and shall
not prop bottles or allow the child to carry a bottle while moving about or walking.
16.10. e. For food safety a center shall:
16.10. e. 1. Store perishable food, formula and expressed breast milk in the refrigerator;
16.10. e. 2. Clearly label each bottle of formula or breast milk with the child s name,
contents and the date received;
16.10. e. 3. Cap bottles of formula or breast milk when they are not being used;
16.10. e. 4. Not use a microwave oven to warm a bottle of formula or breast milk;
16.10. e. 5. Clean and sanitize bottles, bottle caps, and nipples by washing in a dishwasher
and storing them in a sanitary manner, or by boiling them for five ( 5) minutes immediately before filling them;
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16.10. e. 6. Handle baby food in the following manner:
16.10. e. 6. A. A center shall not accept previously opened baby food containers;
16.10. e. 6. B. A center shall remove commercially packaged baby food from its
container and serve it in a clean bowl or cup;
16.10. e. 6. C. A center shall not place solid food in a bottle or feeder apparatus and
shall use a spoon to feed solid food in a sanitary manner; and
16.10. e. 6. D. A center shall discard leftover food that has come into contact with the
feeding spoon;
16.10. e. 7. A center shall handle breast milk and formula in the following manner:
16.10. e. 7. A. A center shall store breast milk in hard plastic or glass bottles with tight
lids only;
16.10. e. 7. B. A center shall remove breast milk and bottles of formula from the
refrigerator immediately before using only;
16.10. e. 7. C. A center shall discard breast milk or formula when it remains at a
temperature higher than forty-one ( 41) degrees Fahrenheit for more than one ( 1) hour; and
16.10. e. 7. D. A center shall use refrigerated breast milk within twenty-four ( 24)
hours of receipt and frozen breast milk within two ( 2) weeks of receipt if it is reported that it has been stored in the
freezer.
16.10. f. In order to provide sufficient amounts of safe drinking water, the center shall ensure that:
16.10. f. 1. Drinking water is available to children and staff members and is freely accessible
at all times to a child thirteen ( 13) months of age and over; and
16.10. f. 2. A single service drinking cup is discarded after one use, and a non-disposable
cup or glass is washed and sanitized after each use.
§ 78-1-17. Sanitation.
17.1. Personal Hygiene. All individuals on the center premises or participating in center activities shall practice
good personal hygiene, including:
17.1. a. Hand Washing.
17.1. a. 1. Staff members shall wash their hands before starting work; and
17.1. a. 2. Staff members and children shall wash their hands with soap and warm, running
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water for at least twenty ( 20) seconds:
17.1. a. 2. A. When hands are contaminated with body fluids;
17.1. a. 2. B. Before preparing, handling or serving food, or setting the table;
17.1. a. 2. C. After toileting, hanging diapers or assisting a child with toilet use;
17.1. a. 2. D. Before and after eating meals or snacks;
17.1. a. 2. E. After handling pets or other animals;
17.1. a. 2. F. Before giving medication;
17.1. a. 2. G. After playing outdoors;
17.1. a. 2. H. After handling garbage; and
17.1. a. 2. I. After removing gloves used for any purpose.
17.1. b. Universal Precautions. With the exception of breast milk, staff members shall adopt universal
precautions when exposed to blood and body fluids that might contain blood; and
17.1. c. Diapering and Toileting. A center shall enure that diapering and toilet training follow the guidelines
in Appendix 78-1-E of this rule.
17.1. c. 1. Toilet Training.
17.1. c. 1. A. A center shall discuss toilet-training methods with the parent of the child
being toilet trained.
17.1. c. 1. B. Staff members shall not use any form of punishment in connection with
toilet training.
17.1. c. 1. C. Staff members shall not force a child to sit on a potty or training chair.
17.1. c. 2. Toilet Equipment and Fixtures.
17.1. c. 2. A. A center shall disinfect the potty or training chairs after each use; and
17.1. c. 2. B. A center shall provide toilet fixtures that are sized so that the child can
use them without assistance, and provide step stools, or modified toilet seats that are safe and easily disinfected.
17.2. Physical Facilities.
17.2. a. A center shall keep all areas of the premises and all equipment clean and in a neat and orderly
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condition at all times.
17.2. b. The center shall ensure that floors, walls and ceilings are of easily cleanable material.
17.2. c. The center shall ensure that the floor area immediately adjacent to the diaper changing table has a
moisture-resistant, non-absorbent surface extending three ( 3) feet from the base of the table on all sides, except when
one side of the table is against a wall.
§ 78-1-18. Animals.
18.1. A center shall ensure that animals on the premises shows no signs of disease or illness.
18.2. The center shall maintain documentation of current vaccinations on all dogs and cats.
18.3. A center shall not have on the premises ferrets, birds, reptiles, including snakes, lizards and turtles, or any
wild or dangerous animals.
18.4. A center shall ensure that a staff member is always present when a child is with an animal.
18.5. A center shall inform the child s parent in advance of the presence of animals at the center.
§ 78-1-19. Safety and Emergency Operating Procedures .
19.1. A center shall develop, implement and maintain attendance policies and procedures to ensure that it has a
current and updated written record of the first and last name of each child who is participating in center activities, onsite
and offsite, and who is being transported in a vehicle provided by the center.
19.2. Daily Attendance Sign-In and Sign-Out.
19.2. a. A center shall arrange for a designated adult to sign each child in as the child arrives at the center
or boards a vehicle provided by the center, and to sign each child out as the child departs the center or leaves a vehicle
provided by the center.
19.2. b. A center shall require the following sign-in and sign-out information:
19.2. b. 1. Arrival time including the date and time;
19.2. b. 2. Departure time including the date and time;
19.2. b. 3. The name and signature of the adult who drops off the child; and
19.2. b. 4. The name and signature of the adult who picks up the child.
19.2. c. A center shall have an attendance procedure for notifying the parent when a school age child does
not arrive as scheduled.
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19.3. Transportation Log.
19.3. a. A center shall provide a passenger log to be kept either by the driver of the vehicle or the
designated staff member riding on the vehicle that shall include the first and last names of each child boarding the
vehicle.
19.3. b. Immediately upon unloading the last child from a vehicle at the center or on field trips, or before
parking the vehicle, the driver or the designated staff member shall physically search the vehicle to ensure that all
children have been unloaded.
19.3. c. The driver or the designated staff member shall deliver the transportation log to the person
responsible for maintaining attendance records.
19.3. d. The driver or designated staff member shall ensure that attendance records are updated by the end
of the day if the vehicle is parked at another location.
19.4. Daily Roster.
19.4. a. A center shall prepare a written, daily roster that includes the first and last names of each child in
each group of children, the name of the staff member responsible for the group, and the space designated for use by the
group both at the center and at off-site locations used during field trips.
19.4. b. Periodically throughout the day, the staff member responsible for each group of children shall
check the daily roster to ensure that all children are present or accounted for.
19.4. c. A center shall keep each daily roster in a designated location where it is readily available in case of
emergencies and can be used to confirm attendance following an evacuation from the premises or upon returning from a
field trip.
19.4. d. A center shall ensure that its attendance procedures include accounting for a child at all times and
taking action when a child is lost on or off the premises.
19.5. Emergency File. A center shall develop and maintain an emergency file with information for each enrolled
child that is accessible to all staff members, including at off-site activities.
19.6. Emergency Policies, Procedures and Plan. A center shall develop, implement and maintain policies and
procedures for responding to an emergency, including a plan:
19.6. a. For medical and non medical emergencies and for situations that could pose a hazard to staff and
children, including, a fire, storm, flood, chemical spill, power failure, bomb threat or kidnaping;
19.6. b. For evacuation from the center in the event of an emergency that could cause damage to the center
or pose a hazard to the staff and children and evacuation from a vehicle used to transport children. Policies and
procedures shall consider the age and physical and mental abilities of the enrolled children, types of emergencies that
are likely to affect the area, the requirements of the State Fire Marshal; and advice from the Red Cross or other health
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and emergency professionals;
19.6. c. For documenting the review of its emergency plans with new staff during orientation and with all
staff at least once a year;
19.6. d. For a medical emergency that identifies staff responsible for implementing the plan and includes:
19.6. d. 1. The procedures to be followed;
19.6. d. 2. The location of a center s first aid kit and other emergency supplies;
19.6. d. 3. The location of the child s emergency information;
19.6. d. 4. The name, address and telephone number of a health professional or facility
available to provide medical consultation to the center;
19.6. d. 5. The name, address, telephone number and location of the emergency facility to be
used when a center cannot reach the child s parent or licensed health care provider, or when transporting the ill or
injured child to the preferred hospital could result in a serious delay in obtaining medical attention;
19.6. d. 6. Identification of a means of transportation that is always available in case of an
emergency, and telephone numbers for an ambulance or other transportation that might be required; and
19.6. d. 7. Other emergency telephone numbers as required in this rule; and
19.6. e. For a non medical emergency that identifies staff members responsible for implementing the plan
and includes:
19.6. e. 1. The procedures to be followed;
19.6. e. 2. The location of the center s first aid kit and other emergency supplies;
19.6. e. 3. The location of the child s attendance records and emergency information;
19.6. e. 4. The identification of a safe location within a center where a children and staff
members can stay until the threat of danger passes;
19.6. e. 5. A diagram of the routes to be used by the child and staff members to reach the
safe location and a copy of the plan for moving to the safe location that the center shall post by the telephone and in
each room of the center;
19.6. e. 6. A procedure for notifying the local fire department when a center offers evening
or nighttime care;
19.6. e. 7. A procedure for practicing moving to the safe location within a center at least two
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( 2) times a year, or when the center operates a summer recreation camp program, at least every two ( 2) weeks and,
within the first two ( 2) days of each enrollment cycle;
19.6. e. 8. A procedure for maintaining a written record of the dates and times when the
practice sessions are conducted; and
19.6. e. 9. A procedure for ensuring that a staff member determines that all of the children
attending at the time of the non medical emergency are safe during an emergency or practice.
19.7. Evacuation and Drill Plan.
19.7. a. A center shall have a plan for evacuating the center in an emergency posted by the telephone in
each room of the center that identifies staff members responsible for implementing the plan that includes:
19.7. a. 1. The procedures to be followed;
19.7. a. 2. The location of the child s attendance records and emergency information;
19.7. a. 3. A diagram of safe routes by which the child and staff members may exit each area
of the center used by the child; and
19.7. a. 4. The name and address of a location with a telephone, such as another center,
school or public building, that is available for a child and staff members to use until the center can contact the child s
parent.
19.7. b. A center shall conduct a fire drill at least two ( 2) times a month during its regular hours of
operation, keeping a written record of the dates and times when fire drills are conducted.
19.7. c. When a center offers evening or night time care, a center shall also conduct fire drills during the
hours of operation of its evening or night time program at least once a month.
19.7. d. A center shall ensure that a staff member is responsible for determining that all of the children
attending at the time of the event have been evacuated safely during an emergency evacuation or practice.
19.8. Evacuation from a Vehicle.
19.8. a. A center shall have a plan for evacuating from a vehicle that is posted in each vehicle regularly used
by the center to transport a child that includes:
19.8. a. 1. The procedures to be followed;
19.8. a. 2. The location of the vehicle s first aid kit and other emergency supplies;
19.8. a. 3. The location of the vehicle s transportation passenger log and the children s
emergency information; and
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19.8. a. 4. The name and address of the emergency medical facilities closest to the vehicle s
route.
19.8. b. When it provides transportation according to a regular schedule, a center shall conduct a vehicle
evacuation drill at least two ( 2) times a year.
19.8. c. A center shall maintain a written record of the dates and times when vehicle evacuation drills are
conducted.
19.8. d. A center shall ensure that a staff member is responsible for determining that all of the children have
been evacuated safely during an emergency evacuation or practice.
19.9. Staff Responsibility Regarding Medical Emergencies and Evacuation.
19.9. a. For a medical emergency at a center, a center shall develop, implement and maintain procedures
for ensuring that staff members:
19.9. a. 1. Attend to the injured child with first aid or follow appropriate emergency
procedures if the child is experiencing an acute condition, including an asthma attack, seizure, or life-threatening
anaphylactic reaction;
19.9. a. 2. Notify the parent or other individual designated by the parent to assume
responsibility for the child and inform him or her of the child s illness or injury and the center s response; and
19.9. a. 3. Complete the required documentation.
19.9. b. For a medical emergency requiring treatment at a medical facility, a center shall provide staff to:
19.9. b. 1. Accompany the ill or injured child to the medical facility;
19.9. b. 2. Ensure that signed authorization for treatment accompanies the ill or injured child
to a medical facility;
19.9. b. 3. Notify the parent or other individual designated by the parent to assume
responsibility for the child and inform him or her of the child s illness or injury and the center s response;
19.9. b. 4. Inform the medical facility that the ill or injured child is being transported for
treatment; and
19.9. b. 5. Obtain substitute staff, if needed, to provide adequate supervision for the children
who remain at the center.
19.9. c. A center shall ensure that staff members are informed of their responsibilities in the event of an
evacuation of the premises or a center s vehicle, as required by the center s procedures and notify the Secretary.
19.10. First Aid Kit. A center shall provide a first aid kit for every twenty ( 20) children that is stored in clear
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view where it is accessible to staff members, but out of reach of the children. The kit shall be:
19.10. a. Equipped with band aids, a non mercury thermometer, gauze, tape, scissors, tweezers,
disposable nonporous gloves, a first aid guide, the telephone number of a poison control center, coins for a pay
telephone, and pencil and paper; and
19.10. b. Readily available at all times, including in the outdoor play area, on all field trips away from the
center and in each vehicle provided by the center for the transportation of children.
19.11. Telephone. A center shall provide at least one ( 1) operable, direct-line telephone that is in the center
space, is not a pay station or locked telephone, and is available during the center s hours of operation.
19.11. a. Close to the location of each telephone, a center shall post:
19.11. a. 1. The name, address and telephone number of the center;
19.11. a. 2. A list of emergency numbers, including 911, the fire department, police
department, ambulance service, the center s medical consultant and a poison control center;
19.11. a. 3. When a center operates at more than one ( 1) site, the name and telephone
number of the center s principal place of business; and
19.11. a. 4. When a center occupies space it does not own, the name and telephone number
of the owner of the building.
19.11. b. When a center operates a summer recreation camp program at a site where a direct-line
telephone is not available:
19.11. b. 1. If the site is within range of a cellular phone or other communication device, a
center shall ensure that staff members are equipped with a cellular phone or other device in working order; and
19.11. b. 2. If the site is not within range of a cellular phone or other communication device,
a center shall ensure that staff members have a plan for contacting help in the case of an emergency.
19.12. Reporting a Serious Occurrence. A center shall:
19.12. a. Immediately inform the parent or parent s authorized designee when a child is involved in a
serious occurrence;
19.12. b. Verbally report the occurrence within twenty-four ( 24) hours or by the next work day to the
Secretary, and before the end of the day, ensure that the staff member in charge prepares and signs a serious
occurrence report; and
19.12. c. Complete a report of each serious occurrence ensuring that the report is signed by the staff
member completing it and by the child s parent. Copies of the report are to be placed in the child s file and in a
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separate cumulative file maintained by the center.
§ 78-1-20 Environmental Safety.
20.1. A center shall take all necessary precautions to ensure an accident-free and smoke-free environment for the
children, staff members and visitors to the center.
20.1. a. Smoking and spit tobacco use is prohibited on the premises and everywhere in the presence of
children.
20.1. b. Smoking is prohibited anytime in vehicles operated by the center, even in the absence of children.
20.1. c. Staff shall ensure that children will not see anyone smoking or using any tobacco products while at
the day care center.
20.1. d. All tobacco products, lighters and matches shall be kept out of the children s reach.
20.2. Safety of Premises, Furnishings, Equipment and Supplies. A center shall:
20.2. a. Ensure that the premises, furnishings, equipment and supplies are in good repair and present no
hazard to the health and safety of the children;
20.2. b. Only use furnishings, equipment and supplies that meet the standards of the Consumer Product
Safety Commission ( CPSC) and shall not use any product recalled by the CPSC;
20.2. c. Position indoor and outdoor furnishings, equipment and supplies to:
20.2. c. 1. Allow a child freedom to participate in center activities;
20.2. c. 2. Permit direct access to emergency exits; and
20.2. c. 3. Provide clear sight lines for staff supervision;
20.2. d. Ensure that sleeping equipment, including cribs, playpens, cots and beds are a minimum of twenty-
four ( 24) inches apart from each other on all sides, except when one side of the sleeping equipment is against a wall;
20.2. e. Maintain a temperature not less than sixty-eight ( 68) degrees Fahrenheit at floor level and not
higher than eighty-five ( 85) degrees Fahrenheit, in all rooms occupied by a child;
20.2. f. Ensure sufficient lighting by:
20.2. f. 1. Providing a minimum of fifty ( 50) foot candles of illumination at floor level, in
rooms occupied by a child for program activities;
20.2. f. 2. Providing at least thirty ( 30) foot candles of illumination at floor level in areas not
occupied by a child;
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20.2. f. 3. Providing light for supervision when a child is sleeping; and
20.2. f. 4. Provide outdoor lighting at all entrances and exits used by a child when a center
operates evening or nighttime programs.
20.3. Potential Hazards of Premises, Furnishings, Equipment and Supplies.
20.3. a. Firearm Prohibition. A center shall prohibit firearms unless carried by a regulatory or law
enforcement professional in the line of duty; and projectile weapons, including pellet or BB guns, darts, cap pistols,
bows and arrows, slingshots and paint ball guns.
20.3. b. Hazardous Chemical and Toxic Items. A center shall ensure that:
20.3. b. 1. Products containing potentially hazardous chemicals, including identified poisons,
medications, certain cleaning supplies, and art supplies not clearly labeled as nontoxic, are inaccessible to the children
in a locked cabinet away from food, and when possible, stored in their original containers and never in containers
originally designed for food; and
20.3. b. 2. For each product containing potentially hazardous chemicals, a center has on file
a material safety data sheet, available at the point of purchase or from the manufacturer.
20.3. c. Lead Paint. A center shall remove lead paint from the premises according to current safety
standards and at a time when the children are absent during the entire removal process.
20.3. d. Electrical Equipment.
20.3. d. 1. Electrical cords. A center shall ensure that each electrical cord is insulated and in
good repair.
20.3. d. 2. Extension cords and plug-in strips. A center shall not use an electrical extension
cord except on a temporary basis, but if using it shall ensure that the cord is in good repair. A center may use an
electrical multiple plug-in strip with a circuit breaker in good repair.
20.3. d. 3. Electrical Outlet. A center shall ensure that when an electrical outlet within reach
of a child is not in use, it is protected by a cover.
20.3. d. 4. Electrical Appliance. A center shall not locate an electrical appliance in an area
used by a child except for a brief period when an adult supervises the use of the electrical appliance for a program.
20.3. e. Microwave Oven. If a center uses a microwave oven, the center shall train staff members in the
correct use and potential dangers of the oven and post a warning on or near the oven to check the temperature of food
heated in the oven before feeding it to a child.
20.3. f. Heating Devices. A center shall provide a shield to protect the children from a hot pipe or radiator
and shall not use unvented fuel fire heaters.
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20.3. g. Doors. A center shall ensure that:
20.3. g. 1. All doors close properly and fire doors are closed at all times; and
20.3. g. 2. All clear glass doors are clearly marked at the children s eye level.
20.3. h. Floors. A center shall firmly anchor all floor coverings.
20.3. i. Barriers and Gates. The center shall ensure that:
20.3. i. 1. All temporary walls or items being used as physical barriers are firmly anchored so
that they pose no threat to the safety of the child; and
20.3. i. 2. Stairways to which the child has access have appropriate railings and safety gates
or other barriers at the top and bottom.
20.3. j. Strings, Cords and Hanging Items.
20.3. j. 1. When a child wears a piece of clothing with a drawstring, a center shall:
20.3. j. 1. A. Inform the child s parent of the potential risk of strangulation; and
20.3 j. 1. B. Ensure that prior to the child s participation in an activity, staff members
remove or secure any drawstring that might pose a risk to the child.
20.3. j. 2. Pacifiers. A center shall ensure that a pacifier attached to a string or ribbon that is
six ( 6) inches or more in length, is not placed around a child s neck or affixed to the child s clothing.
20.3. j. 3. A center shall ensure that a child under school age does not have access to a string
or cord that is six ( 6) inches or more in length and attached to a fixed object, such as a window shade, or access to
other hanging items, such as a tablecloth.
20.4. Outdoor Safety.
20.4. a. Barriers and Exits.
20.4. a. 1. A center shall ensure that the outdoor play area for a child under school age:
20.4. a. 1. A. Is enclosed on all sides by a natural barrier or secure fence that is at
least four ( 4) feet high with a bottom edge that is less than three and one-half ( 3 ½ ) inches from the ground;
20.4. a. 1. B. If it has a fence, the fence has no openings greater than three and one-
half ( 3 ½ ) inches;
20.4. a. 1. C. If it has a natural barrier, the barrier has the strength and density to
prevent humans and animals from entering or exiting the playground;
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20.4. a. 1. D. If it is attached to a building, that the barrier or fence provides at least
two ( 2) exits from the play area, including one ( 1) exit that is at a distance from the building; and
20.4. a. 1. E. When it has an exit that does not lead directly indoors, that it is
protected by a gate equipped with a closure mechanism that is out of the reach of a small child and prevents the child
from leaving the play area, but can be easily opened by an adult.
20.4. a. 2. A center may use an unenclosed outdoor play area for school-aged children if it
is determined to be hazard-free by the Secretary.
20.4. b. Surfaces for Play Area. A center shall have up to four ( 4) years from the effective date of this rule
to comply with the requirements of this section to ensure:
20.4. b. 1. That the play area has more than one ( 1) type of surface, including a surface that
is suitable for children s wheeled vehicles and pull toys;
20.4. b. 2. That the surface of the play area in an equipment use zone is composed of:
20.4. b. 2. A. Loose fill, including sand, pea gravel, shredded tires, wood chips
or wood mulch, to a depth of at least six ( 6) inches, increasing with the height of the equipment to twelve ( 12) inches as
recommended by the Consumer Product Safety Commission as specified in Appendix 78-1 F of this rule;
20.4. b. 2. B. A unitary surface, such as rubber tiles or mats, or rubber poured
in place; or
20.4. b. 2. C. An appropriate combination of loose fill and unitary surface
material;
20.4. b. 3. That hard surface materials, such as asphalt, concrete, bricks, blocks, dirt and
grass, are not used in equipment use zones;
20.4. b. 4. That appropriate surface materials are located directly under equipment and
extend six ( 6) feet in all directions from the perimeter of the equipment, except from swings where they extend
according to the following:
20.4. b. 4. A. For single-axis, traditional swings, through a use zone that is twice the
height from the ground to the crossbar, front and back; and
20.4. b. 4. B. For tire swings that rotate, six ( 6) feet beyond the farthest reach of the
tire in all directions; and
20.4. b. 5. That concrete footings are covered by surface material to a depth that is adequate
to prevent injury from a fall as recommended by the Consumer Product Safety Commission as specified in Appendix
78-1 F of this rule.
20.4. c. Hazards. A center shall ensure that:
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20.4. c. 1. The play area is well drained and free of debris;
20.4. c. 2. The outdoor environment is clear of hazards, including pits and abandoned wells,
tree roots, appliances and all potential hazards, including heat pumps, air conditioning units and external wiring, meters
and telephone boxes, are inaccessible to the child;
20.4. c. 3. The child is protected from moving vehicles; and
20.4. c. 4. When there is reason to believe that exposure to the soil in the outdoor play area
might harm the child, it has on file evidence that the soil does not contain hazardous levels of any toxic chemical or
substances.
§ 78-1-21. Pest Management.
21.1. A center shall document that it has an integrated pest management program as required by the WV
Department of Agriculture.
21.2. A center shall provide for insect and rodent control that does not compromise the safety of children.
§ 78-1-22. Transportation .
22.1. When providing transportation, a center shall ensure that:
22.1. a. The vehicle used is currently licensed, inspected, insured, and is equipped with signs and warning
lights or alternative warning devices as required by W. Va. Code § 17C-2-7a;
22.1. b. The driver is at least twenty-one ( 21) years of age and holds a current driver s license;
22.1. c. The driver or a qualified staff member ensures that each child three ( 3) years of age and under is
secured in an approved child safety seat, and each child more than three ( 3) years of age is secured with seat belts at a
ratio of one child per seat belt; and
22.1. d. The vehicle is equipped with emergency supplies, including a first-aid kit and fire extinguisher.
§ 78-1-23. Enforcement Actions.
The Secretary may revoke or make a license provisional, or issue an order of closure to a Day Care Center in
accordance with W. Va. Code § § 49-2B-11 and -12.
§ 78-1-24. Administrative and Judicial Review.
24.1. In accordance with the provisions of W. Va. Code § 49-2B-13, an applicant or licensee aggrieved by a
decision of the Secretary may seek an administrative review of the decision by making a request for a hearing by the
Secretary within thirty ( 30) days of receiving notice of the decision.
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24.2. An applicant or licensee may seek immediate relief from a decision of the Secretary by a showing of good
cause made by verified petition to the circuit court of Kanawha County or the circuit court of the county in which the
affected center is located.
78CSR1
TITLE 78
LEGISLATIVE RULES
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
DIVISION OF HUMAN SERVICES
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SERIES 1
DAY CARE CENTERS LICENSING
APPENDICES
78-1 A: CORE COMPETENCIES OF EARLY CHILDHOOD EDUCATORS
78-1 B: EQUIPMENT AND MATERIALS FOR PROGRAM ACTIVITIES
78-1 C: REPORTABLE ILLNESSES
78-1 D: NUTRITION -FOOD GROUPS AND MEAL PATTERNS
78-1 E: DIAPER CHANGING AND TOILET TRAINING
78-1 F: OUTDOOR SURFACES
78-1 G: STAFF/ CHILD RATIO
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APPENDIX 78-1 A: CORE COMPETENCIES OF EARLY CHILDHOOD EDUCATORS
Core Competencies of Early Childhood Educators have been developed in West Virginia to identify the skills and
knowledge that early childhood educators need to effectively serve young children and their families. In West Virginia,
it is implicitly understood that these competencies are necessary to promote the optimal development of all children,
including those with special needs, and that activities and environments should be adapted to accommodate each child' s
learning modality and style.
The Core Competencies of Early Childhood Educators developed in West Virginia are based on the National
Association for the Education of Young Children s ( NAEYC) Guidelines for the Preparation of Early Childhood
Professionals and the requirements for the Child Development Associate ( CDA) credential. A competent early
childhood educator:
Safety
Provides a safe environment to prevent and reduce injuries;
Is attentive to children' s activities;
Has skills and knowledge to prevent injuries and handle emergencies and injuries appropriately when they occur;
Has formal training and current Certification in First Aid for children, including rescue breathing; and
Recognizes indicators of child abuse and neglect and understands legal responsibility to report suspected child abuse.
Health
Is familiar with what diseases require exclusion of children; what diseases require isolation of children in attendance:
and what diseases and conditions can be included in the regular classroom;
Models and promotes good health and nutrition habits;
Provides environment that contributes to the prevention of illness:
Nurtures children' s developing identity and feelings of self-worth;
Integrates health care activities into the curriculum;
Can identify symptoms of common early childhood illnesses;
Provides for nutritional needs of children as specified under USDA; and
Can demonstrate effective procedures to prevent the spread of disease.
Environment
Appropriately addresses issues of space, social relationships, materials and routines in setting the environment;
Promotes warm, positive, nurturing and respectful interactions among providers, children and families;
Creates an interesting, secure and enjoyable environment that encourages play, exploration and learning;
Supports a broad array of experiences;
Establishes a reliable routine;
Maintains an appropriate adult/ child ratio; and
Encourages visits and participation by parents and includes families as partners in the provision of services.
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Physical Development
Provides a variety of equipment, activities and opportunities to promote the physical development of children;
Provides for physical development, including large and small muscle strengthening, coordination and control;
Recognizes, respects and accommodates wide differences in individual rates of physical development;
Demonstrates an understanding of patterns and stages of a child' s physical growth; and
Observes and discusses with parents and notes in writing any unusual patterns of growth or unusual behavior that
might be related to physical capability.
Cognitive Development
Provides activities and opportunities that encourage curiosity, exploration and problem-solving;
Uses developmental criteria and an understanding of learning styles in working with children;
Responds to children' s interests by providing new learning opportunities;
Responds to children' s questions with information and enthusiasm;
Respects the relationship of cognitive development to other areas of development ( physical, social and emotional) ;
Demonstrates an understanding of patterns and stages of a child' s cognitive growth; and
Understands and can explain to parents the ways in which each of the activities for children contribute to cognitive
development.
Development of Creativity
Provides opportunities that stimulate children to play with sound, rhythm, language, materials, space and ideas in
individual ways;
Supports and respects children' s expression of creative abilities;
Encourages spontaneous expression; and
Expands children' s imaginations.
Communication
Communicates verbally and non-verbally with other staff to create a well-functioning team:
Models good communication skills;
Provides opportunities and support for children to understand, acquire and use verbal and non-verbal means of
communicating thoughts and feelings;
Provides ample opportunity for children to listen, interact and express themselves freely with other children and
adults; and
Demonstrates an understanding of the patterns and stages of a child' s language development.
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Self
Provides physical and emotional security for each child;
Helps each child to know, accept and take pride in himself or herself;
Helps children develop independence;
Demonstrates and encourages respect for and valuing of cultural, racial, gender, socio-economic and physical ability
differences;
Supports the child' s self-esteem by providing opportunities for children to master new abilities, to experience success and
safely make mistakes;
Helps children find their own ways to handle increasingly challenging tasks;
Demonstrates an understanding of patterns and stages of a child s self-growth;
Recognizes each child as a unique person and establishes a caring relationship; and
Recognizes each child' s identity as part of a family and works in partnership with parents.
Social
Helps each child feel secure and accepted in the group;
Helps children Learn to communicate and get along with others;
Encourages feelings of empathy and mutual respect among children and adults;
Integrates multi-cultural and anti-bias themes, literature and experience in all curriculum areas;
Demonstrates an understanding of patterns and stages of a child' s social development; and
Demonstrates the ability to facilitate the development of group cooperation among the children and to contribute to a
feeling of community and family supportiveness in the program as a whole.
Guidance
Provides a supportive environment in which children learn and practice appropriate and acceptable behaviors;
Provides consistent limits and realistic expectations;
Clearly and positively defines expectations;
When setting expectations, takes into account each child' s development and needs;
Supports children' s efforts to independently resolve their own problems;
Discusses guidance with parents and makes sure that children understand any differences in approach between the
home and the program; and
Demonstrates ability to use positive methods of guidance rather than punishment.
Families
Supports the family' s role as primary care giver and teacher of their children;
Respects and supports each child' s cultural, racial and socio-economic background;
Creates and maintains open, friendly, cooperative relationships with each child' s family;
Encourages each family' s involvement in the program in a variety of ways, responsive to each family situation:
Supports the child' s relationship with his or her family;
Respects the diverse values of families;
Individualizes referrals to community resources for families;
Recognizes children and families with emotional distress, abuse and neglect, and provides avenues of assistance;
Establishes regular communication with parents to gain needed information about the child' s life outside the program
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and give parents needed information about the child' s play; and
Generates opportunities for the program and parents to collaborate.
Program Management
Works cooperatively with co workers and families;
Has a systematic approach to organizing, planning and keeping records;
Delegates responsibility;
Uses all available resources to ensure effective operation;
Keeps accurate records of needs, plans and practices; and
Observes and records children' s behavior, and makes plans based on observed needs.
Professionalism
Makes decisions based on knowledge of early childhood theories and practices;
Promotes quality in child care services:
Takes advantage of opportunities to improve competence;
Continues to set new goals, and takes initiative;
Works to resolve issues and problems cooperatively and respectfully;
Advocates for quality child care;
Develops relationships with other child care professionals for support and information exchange;
Is familiar with and assists families in accessing available community resources; and
Joins professional organizations and plays responsible role.
Source: West Virginia Professional Development System.
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APPENDIX 78-1 B: EQUIPMENT AND MATERIALS FOR PROGRAM ACTIVITIES
TABLE A: EQUIPMENT AND MATERIALS FOR THE CHILD UP TO 6 MONTHS OF AGE
Type of
Materials
Types of Supplies and Equipment
Social and
Fantasy
Mirrors: well-secured crib and wall mirrors; Dolls: soft-bodied or rag dolls; Stuffed
Toys: washable stuffed toys and play animals; Puppets: simple hand puppets of visual
and social interest for holding by adults.
Exploration
and Mastery of
Skills and
Language
Visuals: materials that provide a focus for the child s eyes; Grasping Toys: simple
rattles, teething toys, squeeze toys, sturdy cloth toys, disks or keys on a ring, interlocking
rings, grasping balls.
Music, Art and
Movement
Musical Instruments: bell on a handle, wrist or ankle bells, rattles; Audio-Visual:
adult-operated music boxes, tapes or discs with gently rhythmic songs or lullabies.
Gross Motor Large-Movement: balls to clutch.
TABLE B: EQUIPMENT AND MATERIALS FOR THE CHILD 7 TO 12 MONTHS OF AGE
Type of
Materials
Types of Supplies and Equipment
Social and
Fantasy
Mirrors: well-secured wall mirrors, unbreakable hand mirrors; Dolls: soft-bodied or
rag dolls; Stuffed Toys: washable stuffed toys and play animals, soft rubber or vinyl
animals for grasping and exploring; Puppets: simple hand puppets of visual and social
interest for holding by adults; Transportation: simple transportation toys of one piece
with wheels or rollers that may make a noise when pushed ( for the child who can sit and
is mobile) .
Exploration
and Mastery of
Skills and
Language
Grasping Toys: teething toys, beads on rings, rubber or plastic pop beads, squeeze-
squeak toys, sturdy cloth toys, disks or keys on a ring, interlocking rings, grasping balls;
Construction: light-weight blocks for grasping and stacking; Puzzles : simple two-or
three-piece fit-together objects used as grasping toys; Skill-Development: pop-up
boxes, simple activity boxes or cubes, texture pads, simple nesting cups, stacking ring
cones, containers to empty and fill; Books: small picture books of cloth or plastic or
cardboard to hold; simple picture books for lap reading.
Music, Art and
Movement
Art and Crafts: large, nontoxic crayons, large paper taped to a surface; Musical
Instruments: bell on a handle, wrist or ankle bells, rattles or materials that make a
sound when shaken, banging materials that are simple and light-weight; Audio-Visual
Materials: adult-operated tapes or discs with simple rhymes and songs.
Gross Motor Large-Movement: push and pull toys without rods, such as simple cars on large wheels
or rollers; Balls and Sports: balls, including clutch and texture balls, chime, flutter and
action balls; Outdoor and Gym: safe swings sized and designed for infants, low soft or
padded climbing platforms for the child who crawls.
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TABLE C: EQUIPMENT AND MATERIALS FOR THE CHILD 13-24 MONTHS OF AGE
Type of
Materials
Types of Supplies and Equipment
Social and
Fantasy
Mirrors: well-secured unbreakable wall mirrors, unbreakable full-length and hand
mirrors; Dolls: soft-bodied or washable rubber or vinyl baby dolls ( no moving eyes or
articulated limbs) , simple accessories for care giving ( feeding, diapering and sleeping) ,
doll clothes that are simple and removable, and ( from about 18 months) small peg or
other people figures that can not be swallowed; Stuffed Toys : washable, soft animals
with features that are painted, stitched or molded and soft rubber or vinyl animals for
exploration and beginning pretend play; Puppets: hand puppets for holding by adults
and ( from about 18 months) small hand puppets sized to fit the child s hand;
Transportation : simple, light-weight vehicles, with large wheels or rollers, that are light
weight, rounded or molded in appearance and may make a noise when pushed, first
trains with one or two cars and a simple or no coupling system but no tracks, and ( from
about 18 months) more detailed vehicles or trains with simple coupling systems such as
wood links, blunt hooks or magnets; Role-Play: play telephone, simple housekeeping
and work-role equipment, simple doll equipment; Play Scenes : ( from about 18 months)
small people or animal figures with simple supporting materials such as a vehicle or barn,
or unit blocks to make familiar scenes.
Exploration and
Mastery of
Skills and
Language
Grasping Toys: ( the child may be losing interest in small hand-held manipulatives) ;
Sand and Water: simple floating objects that are easily grasped in one hand, a small
shovel and pail, and ( from about 18 months) nesting materials for pouring, funnels,
colanders, water activity centers and small sand tools; Construction : light blocks made
of soft cloth, rubber or rounded plastic, wooden cubes for grasping and stacking ( 15
25 pieces) and ( from about 18 months) unit blocks ( 20 -40 pieces) , large plastic bricks
of the press together type; Puzzles : simple pre-puzzles or form boards in familiar shapes
( 2-3 pieces) and ( from about 18 months) fit-in puzzles with very firmly attached knobs
( 3-5 pieces) ; Skill-Development: pop-up boxes that operate easily, simple activity
boxes or cubes with doors, lids or switches, simple nesting cups and stacking materials,
and ( from about 18 months) activity boxes with more complex mechanisms such as a
turning knob or dial or simple key, simple lock boxes, more complex nesting materials,
objects in closed containers that may be opened, stacking materials ( 4-5 pieces) ,
cylinder blocks, pegboards with a few large pegs, simple matching and lotto materials;
Books: picture books made of cloth, plastic or cardboard, simple picture and rhyme
books with repetition for lap reading, and ( from about 18 months) touch-me or tactile
books.
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Music, Art and Art and Crafts: a few large, nontoxic crayons and large paper taped to a surface;
Movement Musical Instruments : rhythm instruments operated by shaking ( bells, rattles) and
( from about 18 months) instruments for banging ( cymbals, drums) ; Audio-Visual
Materials: adult-operated tapes or discs, music with simple repeating rhythms, rhymes
and songs, and ( from about 14 months) music to dance ( ( bounce) to, and ( from about
18 months) simple point-to and finger-play games and songs.
Gross Motor Large-Movement -Push and Pull Toys : push toys with rods with large handles on
the ends, toys to push along the floor, including simple cars or animals on large wheels
or rollers, and ( from about 18 months) simple doll carriages and wagons and push and
pull toys filled with multiple objects; Balls and Sports: soft, light-weight balls
especially balls with interesting audio or visual effects, larger balls including balls the size
of beach balls, and ( from about 18 months) balls for beginning throwing and kicking;
Ride-On Equipment: stable ride-ons propelled by pushing with the feet, ride-ons with
storage bins; Outdoor and Gym: climbing platforms that are low, sort or padded,
tunnels for climbing through, baby swings made of energy-absorbing materials with seats
curved or body shaped and a front closing, and ( from about 18 months) low toddler
stairs with handrails.
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TABLE D: EQUIPMENT AND MATERIALS FOR THE CHILD 24-36 MONTHS OF AGE
Type of
Materials
Types of Supplies and Equipment
Social and
Fantasy
Mirrors: well-secured unbreakable wall mirrors, unbreakable hand mirrors; Dolls:
soft-bodied or washable rubber or vinyl baby dolls, simple accessories for care giving
( feeding, diapering and sleeping) , doll clothes that are simple and removable, small peg
or other people figures for fantasy scenes; Stuffed Toys : soft rubber, wood or vinyl
animals for exploration and pretend play, including mother and baby animals; Puppets:
small hand puppets sized to fit the child s hand and representing familiar human and
animal figures and community diversity; Transportation : small cars and vehicles to use
with unit blocks; larger vehicles for pushing and fantasy play, large wood trucks to ride
on, simple trains with coupling systems but no tracks; Role-Play: dress-up materials,
housekeeping equipment, simple doll equipment; Play Scenes : small people or animal
figures with simple supporting materials such as a vehicle or barn, or unit blocks to make
familiar scenes.
Exploration and
Mastery of
Skills and
Language
Sand and Water: people, animals and vehicles for fantasy play, small containers for
pouring, small tools such as a shovel or scoop; Construction : wooden unit blocks,
large plastic bricks, large nuts and bolts; Puzzles : 4-5 piece fit-in puzzles ( from 24
months) , and ( from 30 months) 6-12 piece fit-in puzzles; Skill-Development: 5-10
pieces to nest or stack, simple lock boxes, hidden-object pop-up boxes, safe
pounding/ hammering toys, cylinder blocks, shape sorters, matching materials, color or
picture dominoes, feel bags or boxes or smell jars; Books: sturdy books with heavy
paper or cardboard pages, tactile or touch-me, pop-up or hidden picture and dressing
books; Pattern-Making: peg-boards with large pegs, color cubes, magnetic boards
with forms; Dressing, Lacing, Stringing: large beads, cards and frames.
Music, Art and
Movement
Art and Crafts: large, nontoxic crayons and markers, adjustable easel, large paint
brushes, nontoxic paint and finger paint; large paper, colored construction paper, blunt-
ended scissors, chalkboard and large chalk; Musical Instruments : rhythm instruments
operated by shaking ( bells, rattles) or banging ( cymbals, drums) and more complex
instruments ( tambourine, sand blocks, triangle, rhythm sticks) ; Audio-Visual
Materials: adult-operated tapes or discs, music with repeating rhythms for rhythm
instruments, music to dance to, , simple point-to and finger-play games and songs, short
films and videos of familiar objects and activities.
Gross Motor Large-Movement -Push and Pull Toys : simple doll carriages and wagons, push
toys that look like adult equipment; Balls and Sports: balls of all sizes, especially balls
for kicking and throwing; Ride-On Equipment: stable ride-ons propelled by pushing
with the feet, bouncing or rocking ride-ons, and ( as the child nears 36 months) small
tricycles; Outdoor and Gym: tunnels, appropriately sized and safe swings, low climbing
structures and slides.
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TABLE E: EQUIPMENT AND MATERIALS FOR THE CHILD 36-72 MONTHS OF AGE
Type of
Materials
Types of Supplies and Equipment
Social and
Fantasy
Mirrors: full-length mirror, unbreakable hand mirrors; Dolls: washable rubber or vinyl
baby dolls and ( for the child over 60 months) , child-proportioned dolls with culturally
relevant features and skin tones, accessories for care giving ( feeding, diapering and
sleeping) , doll clothes that are simple and removable, small peg or other people figures
for fantasy scenes; Stuffed Toys : rubber, wood or vinyl animals for pretend play and
to provide replicas of real domestic and wild animals for learning; Puppets: small hand
or arm or finger puppets sized to fit the child s hand and representing familiar human and
animal figures and community diversity, simple puppet theater; Transportation : cars
and vehicles to use with unit blocks; larger vehicles with simple working parts for
pushing and fantasy play, large wood trucks to ride on, small trains with magnetic or
hook connections and simple wood tracks; Role-Play: detailed and culturally-relevant
dress-up materials and props, housekeeping equipment, doll equipment; Play Scenes :
small people or animal figures with supporting materials such as a vehicle or road sign or
barn, to use with blocks or other materials to make a familiar scene.
Exploration and
Mastery of
Skills and
Language
Sand and Water: people, animals and vehicles for fantasy play, small containers for
pouring or measuring, large and small sand tools, and ( after 48 months) sand molds and
a water pump; Construction : wooden unit blocks, large hollow blocks, plastic bricks,
and ( from 48 months) most types of interlocking blocks, except metal or very small
blocks; Puzzles : ( at 36 months) fit-in or framed -puzzles up to 30 pieces; ( at 48
months) 20-30 pieces; ( at 60 months) up to 50 pieces; simple jig-saw puzzles -10-25
pieces; number and letter puzzles, puzzle clocks; Skill-Development: materials for
matching and sorting and ordering, geometric concept materials, number materials that
are simple and concrete, measuring materials, simple mechanical devices such as gears
and levers, science materials, natural materials to sort, plants and animals to care for,
printmaking materials, beginning computer software; Books: picture books with simple
stories and rhymes, complex pop-up books, age-appropriate stories; Pattern-Making:
peg-boards with smaller pegs, color cubes, magnetic boards with forms, and ( from 48
months) a variety of beads for stringing, mosaic blocks, felt boards, and ( by 60 months)
block printing materials; Dressing, Lacing, Stringing: cards and frames for lacing and
sewing and ( from 60 months) beginning weaving materials; Games : dominoes based on
color or picture, simple matching and lotto games, bingo, and ( from 48 months) simple
card games and games requiring fine motor coordination, first board games based on
chance not strategy, and ( from 60 months) dominoes based on number and bingo or
lotto based on letter or number matching.
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Music, Art and Art and Crafts: large, nontoxic crayons and markers in many colors, adjustable easel,
Movement paint brushes of various sizes, nontoxic paint and finger paint; large paper, colored
construction paper, easy-to-use round-ended scissors, chalkboard and large chalk,
paste and nontoxic glue, collage materials, clay and dough and tools, and ( from 48
months) workbench and hammer, and ( from 60 months) smaller crayons and markers,
watercolor paints and simple sewing forms with blunt needles; Musical Instruments :
all rhythm instruments, blowing instruments ( for one-child use only) ; Audio-Visual
Materials: live or recorded music for singing, movement or use with rhythm
instruments, adult-operated tapes or discs with songs, rhymes and stories for listening,
short films and videos.
Gross Motor Large-Movement -Push and Pull Toys : small wagons and wheelbarrows, push toys
that look like adult equipment, and ( from 60 months) full-size wagons and sweepers that
really work; Balls and Sports: balls of all sizes, especially balls for kicking and
throwing, and ( from 48 months) lightweight softballs and bats, and ( from 60 months)
jump rope and a lightweight flying disc; Ride-On Equipment: tricycles sized to the
child, three and four-wheeled pedal toys, vehicles with a steering mechanism, full-size
rocking or bouncing horse, , ride--ons that several children can use together, and ( from
48 months) low-slung tricycles; Outdoor and Gym: stationary outdoor climbing
equipment, appropriately sized and safe swings, and ( from 48 months) slides with side
rails and ladders and ropes or hanging bars and rings on a swing or climbing equipment
and outdoor building materials.
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TABLE F: EQUIPMENT AND MATERIALS FOR THE CHILD 6 -8 YEARS OF AGE
Type of
Materials
Types of Supplies and Equipment
Social and
Fantasy
Mirrors : mirrors that adults would use, unbreakable hand mirrors; Dolls: washable
rubber or vinyl baby dolls with culturally relevant features and skin tones and
accessories for care giving ( feeding, diapering and sleeping) , small peg or other people
figures for fantasy scenes; Stuffed Toys : realistic rubber, wood or vinyl animals to
incorporate into scenes and models or show characteristics for learning; Puppets:
puppets that represent familiar and fantasy figures for acting out stories, simple puppet
theater; Transportation : generic small models of cars and vehicles, construction or
workbench materials to make models of forms of transportation; Role-Play: materials
for creating and practicing real-life activities and letter-creating materials; Play Scenes :
small people or animal figures with supporting materials to create fantasy scenes or
models related to curriculum themes.
Exploration and
Mastery of
Skills and
Language
Construction : large number of varied materials for detailed construction and for
creating models ( including metal parts and nuts and bolts) ; Puzzles : three-dimensional
puzzles, and jig-saw puzzles with 50 to 100 pieces; Skill-Development: materials for
making books, math manipulatives and fraction and geometrical materials, measuring
materials, science materials, natural materials to examine and classify, plants and animals
to study and care for, computer programs for language arts and concept development
and problem-solving activities; Books: a wide range of books at a wide variety of
difficulty levels for children to read, story books for reading aloud, books made by the
children; Pattern-Making: mosaic tiles, geometric puzzles, art and craft materials for
creating permanent designs; Dressing, Lacing, Stringing: bead stringing, braiding,
weaving, spool-knitting and sewing materials; Games : simple card and board games,
games based on words, reading and spelling, memory, and numbers and counting
( dominoes, Pachisi) and beginning strategy games ( checkers, Chinese checkers) .
Music, Art and
Movement
Art and Crafts: a large variety of materials -crayons, markers, colored pencils, art
chalks and pastels -in many colors, paint brushes of various sizes, a variety of paints
including water colors, a variety of art papers for drawing and tracing and painting,
regular scissors, paste and nontoxic glue, collage materials, clay that hardens, tools,
more complex printing equipment, craft materials -simple looms, leather for sewing and
braiding, papier-mâché, plaster of paris, beads for jewelry -and a workbench with
tools and wood for projects; Musical Instruments : a wide range of real instruments;
Audio-Visual Materials: live or recorded music for singing, movement or use with
rhythm instruments, adult-operated tapes or discs with songs, rhymes and stories for
listening or for the child s independent use.
Gross Motor Balls and Sports: youth or standard-size balls and equipment for beginning team play,
materials for target activities; Ride-On Equipment: ( riding bicycles is no longer
considered a center activity) ; Outdoor and Gym: complex climbing structures including
ropes, ladders, hanging bars and rings.
Source: Adapted from Martha B. Bronson, The Right Stuff for Children Birth to 8: Selecting Play
Materials to Support Development ( Washington, D. C. : National Association for the Education of Young
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Children, 1995. )
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APPENDIX 78-1 C: REPORTABLE ILLNESSES *
Reporting of the following communicable diseases* is required by State law ( W. Va. Code 16-3-1 and Division of
Health Rule, Reportable Diseases, Events and Conditions , 64CSR7. This list is updated periodically by the Bureau
for Public Health.
AIDS ( within 30 days)
Amebiasis ( Entamoeba histolytica)
Anthrax ( Bacillus anthracis)
Botulism ( Clostridium botulinum) * *
Brucellosis ( Brucella abortus, B. melitensis, B. suis, B. canis) * *
Campylobacteriosis ( Campylobacter jejuni, C. coli)
Chancroid
Chickenpox ( Varicella) Numerical totals only
Chlamydia trachomatis
Cholera ( Vibrio cholerae)
Cryptosporidiosis ( Cryptosporidium parvum )
Cyclospora infection
Dengue Fever
Diphtheria ( Corynebacterium diphtheriae ) * *
E. coli O 157: H7 Disease
Encephalitis, arboviral
Eastern Equine Encephalitis
LaCrosse Encephalitis ( California Group)
St. Louis Encephalitis
West Nile Virus
Encephalitis, Other primary and unspecified
Food borne Disease
Giardiasis ( Giardia lamblia )
Gonococcal Disease Drug--resistant disease, Neonatal conjunctivitis, or Pelvic Inflammatory Disease ( within 24 hours)
Gonococcal Disease All other
Haemophilus Influenzae, Invasive Disease* *
Hantavirus Disease* *
Hemolytic Uremic Syndrome, postdiarrheal
Hepatitis A, acute* *
Hepatitis B, acute or perinatal* *
Hepatitis C/ Other non-A or non-B, acute* *
Hepatitis Delta* *
Herpes, Genital
HIV ( within 30 days)
Influenza-Like Illness Numerical totals only
Leptospirosis* *
Listeriosis ( Listeria monocytogenes )
Lyme Disease ( Borrelia burgdorferi ) * *
Malaria* *
Meningitis, Other Bacterial organisms not otherwise listed* * *
Meningitis, Viral or Aseptic
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Mumps
Outbreaks, suspect or confirmed
Pertussis ( Whooping Cough) ( Bordetella pertussis) * *
Plague ( Yersinia pestis )
Poliomyelitis * *
Psittacosis ( chlamydia psittaci )
Rabies, human* *
Rheumatic Fever
Rocky Mountain Spotted Fever* *
Rubella Congenital Syndrome
Rubella ( German measles) * *
Rubeola ( Measles) * *
Salmonellosis ( except Typhoid Fever listed separately) )
Shigellosis ( Shigella dysenteriae. S. boydii, S. flexnen, S. sonnei )
Streptococcal Disease, Group A Invasive and/ or Streptococcal Toxic Shock Syndrome ( S. pyogenes ) * *
Streptococcus pneumoniae, drug-resistant invasive disease include antibiotic susceptibility patterns* * *
Syphilis primary, , secondary, early latent, or congenital ( within 24 hours)
Syphilis late latent, , late symptomatic, or neurosyphilis
Tetanus ( Clostridium tetani ) * *
Trichinosis* *
Tuberculosis include antibiotic susceptibility patterns
Tularemia ( Francisella tularensis )
Typhoid Fever ( Salmonella typhi ) * *
Waterborne Disease
Yellow Fever
Unexplained or ill-defined illness, condition, or health occurrence of potential public health significance
* This is a general information list. The official list can be found in the reportable disease rule.
* * A supplemental CDC or WVBPH report form is required in addition to the general case report
STDs, HIV/ AIDS, and Tuberculosis are reported on special forms. Other diseases are submitted on the general
Confidential Reportable Disease Case Report. All report forms ( general, supplemental, STD, Tuberculosis, and
HIV/ AIDS) can be obtained from your local health department. For questions on disease reporting or for epidemiologic
consultation, call your local health department or the WV Bureau for Public Health, Division of Surveillance and
Disease Control: HIV/ AIDS Surveillance 1-800-423-1271; Immunization Program 1-800-642-3634; STD Program
1-800-642-8244; Tuberculosis Program 1-800-330-8126; all other diseases 1-800-423-1271 or 304-558-5358. The
website address is: www. wvdhhr. org/ bph/ oeph/ adc.
For emergency contact information after hours, call 1-304-558-4117.
October, 2000
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APPENDIX 78-1 D: NUTRITION -FOOD GROUPS AND MEAL PATTERNS
FOOD GROUPS
The United States Department of Agriculture s Dietary Guidelines for Americans recommend serving foods from the
four ( 4) basic food groups: milk, protein, fruits and vegetables, and grains. The chart below provides sample foods from
each food group.
FOOD
GROUP
SAMPLE FOODS
1 Milk milk, yogurt, cheese
2 Protein meat, fish, poultry, eggs, peanut butter, dried beans, dried
peas
3 Fruits and
Vegetables
a wide variety of green. white, yellow and red vegetables
and fruits
4 Grains whole grain and enriched breads. cereals, pasta, crackers,
and rice
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MEAL PATTERNS
When planning meals and snacks, centers can be guided by the following meal patterns that are consistent with the
United States Department of Agriculture s Dietary Guidelines for Americans and were developed for the Child and
Adult Care Food Program. .
A: MEAL PATTERNS FOR THE CHILD UP TO 12 MONTHS OF AGE
Age Breakfast Lunch or Supper Supplement
Birth 4-6 fl. oz. Formula ¹ or 4--6 fl. oz. Formula 1 or Breast 4-6 fl. oz. Formula ¹ or Breast
through 3 Breast milk ² ³ milk 2 3 6 milk ² ³
months
4 through 4-8 fl. oz. Formula 1 or 4-8 fl. oz. Formula ¹ or Breast milk ² ³ 4-8 fl. oz. Formula ¹ or Breast
7 months Breast milk ² ³ 0-3 Tbsp/ Infant Cereal 1 4 milk ² ³
0-3 Tbsp. Fruit and/ or Vegetable
0-3 Tbsp. Infant
Cereal 1 4
8 through 6-8 fl. oz. Formula ¹ or 6--8 fl. oz. Formula ¹ or Breast milk ² ³ 2-4 fl. oz. Formula, Breast
11 months Breast milk ² ³ 2-4 Tbsp. Infant Cereal ¹ 44 and/ or milk ² ³ , or fruit juice 5
2-4 Tbsp. Infant
1-4 Tbsp. Meat, fish, poultry, egg
yolk, cooked dry beans or peas or . ½ Bread 4,6 or
Cereal ¹ ½ --2 oz. Cheese: or
1-4 oz. Cottage Cheese, cheese 0-2 Crackers 4,6 1-4 Tbsp. Fruit and/ or
food or cheese spread; and Vegetable
1-4 Tbsp. Fruit and/ or Vegetable
1 Infant formula and dry infant cereal shall be iron fortified.
2 It is recommended that breast milk be served in place of formula from birth through 11 months.
3 For some breast fed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving
of less than the minimum amount of breast milk may be offered with additional breast milk offered if the infant is still
hungry. 4
A serving of this component shall be optional. 5
Fruit Juice shall be full strength. 6
Bread and bread alternates shall be made from whole grain or enriched meal or flour.
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B: MEAL PATTERNS FOR THE CHILD BETWEEN 1 YEAR AND 12 YEARS OF AGE
Age 1 3 through 6 through and 2 5 years 12 years
BREAKFAST
Milk, fluid ½ cup 3/ / 4 cup 1 cup
Juice or fruit or vegetable 1/ 4 cup ½ cup ½ cup
Bread and/ or cereal, enriched or whole grain
Bread or ½ slice ½ slice 1 slice
Cereal: Cold dry or 1/ 4 cup 1 1/ 3 cup 2 3/ 4 cup 3
Hot cooked 1/ 4 cup 1/ 4 cup ½ cup
MIDMORNING OR MIDAFTERNOON SNACK ( SUPPLEMENT)
( Select 2 of these 4 components)
Milk, fluid
Meat and meat alternate or
yogurt, plain or sweetened
and flavored
eggs ( large)
Juice or fruit or vegetable
Bread and/ or cereal, enriched or whole grain
Bread or
Cereal: Cold dry or
Hot Cooked
½ cup ½ cup 1 cup
½ oz. . ½ oz. . 1 oz.
2 oz. or 2 oz. or 4 oz. or
1/ 4 cup 1/ 4 cup ½ cup
1/ 2egg 1/ 2egg 1/ 2egg
½ cup ½ cup 3/ / 4 cup
½ slice ½ slice 1 slice
1/ 4 cup 1 1/ 3 cup 2 3/ 4 cup 3
1/ 4 cup 1/ 4 cup ½ cup
LUNCH OR SUPPER
Milk, fluid
Meat or meat alternate Meat, poultry, or fish,
cooked ( lean meat with bone)
Cheese
Eggs ( large)
Cooked dry beans and peas
Peanut Butter, soynut, or
other nut seed butter
Peanuts, soynuts, or tree
nuts or seeds
Yogurt
Vegetable and/ or fruit ( two or more)
Bread or alternate,
enriched or whole grain
½ cup 3/ / 4 cup 1 cup
1 oz. 1 ½ oz. . 2 oz.
1 oz. 1 ½ oz. . 2 oz.
1/ 2egg 3/ 4 egg 1 egg
1/ 4 cup 3/ 8 cup ½ cup
2 Tbsp. 3 Tbsp. 4 Tbsp.
½ oz. . 3/ 4 oz. 1 oz.
( 50% ) ( 50% ) ( 50% )
4 oz. 6 oz. 8 oz.
1/ 4 cup ½ cup 3/ / 4 cup
½ slice ½ slice 1 slice
1/ 4 cup 1/ 4 cup ½ cup
1 1/ 4 cup ( volume) or 1/ 3 ounce ( weight) , whichever is less.
2 1/ 3 cup ( volume) or 1/ 3 ounce ( weight) , whichever is less.
3 3/ 4 cup ( volume) or 1 ounce ( weight) , whichever is less.
CACFP-25/ CACFP7
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Source: the Child and Adult Care Food Program
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APPENDIX 78-1 E -DIAPER CHANGING AND TOILET TRAINING
§ 64-21-9. Diaper Changing and Toilet Training.
9.1. Children shall be diapered or have soiled underwear changed in an established diaper changing area. The changing
area shall not be located in food preparation areas.
9.2. Staff shall change children diapers or soiled underwear on a clean, safe, impervious, nonabsorbent surface that is
used for no other purpose.
9.3. Staff shall clean the child s perineal ( urinary and anal) area with disposable wipes.
9.4. After removing a soiled diaper and before putting a fresh diaper on a child, staff members shall wipe their own hands
with a pre-moistened towelette or a damp paper towel.
9.5. Both the child s and the staff member s hands shall be thoroughly washed after each diaper change. If disposable
gloves are used, they must be discarded immediately and hands washed.
9.6. Changing tables and surfaces shall be cleaned and disinfected after each use by cleaning to remove visible soil,
followed by wiping with an approved disinfectant solution, whether or not disposable, nonabsorbent paper is used. If
disposable paper is used, it shall be discarded immediately after each diapering.
9.7. Soiled cloth diapers and/ or soiled training pants shall be stored in a labeled container with a tight-fitting lid provided
by a commercial diaper service or in a sealed plastic bag that is sent home with the child at the end of the day. If diapers
are laundered by a commercial diaper service, the service shall be accredited by the Diaper Service Accreditation
Council. Feces from soiled cloth diapers or training pants shall be disposed of by dumping in a toilet.
9.8. Soiled disposable diapers shall be stored in conveniently located, washable, plastic-lined, tightly covered waste
containers. Each container shall be labeled and kept clean and free of buildup of soil and odor.
9.9. Toilet training chairs, if used, shall be of easily cleanable construction and after each use shall be emptied into a
toilet, and thoroughly cleaned and sanitized in a utility sink.
9.10. Hand washing sinks shall not be used for rinsing soiled diapers or clothing or for cleaning toilet training equipment.
Source: Division of Health rule, Child Care Centers, 64CSR21, , § 64-21-9. ( 1997)
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APPENDIX 78-1 F: OUTDOOR SURFACES
The following chart indicates the relationship between specific depths of surface materials and the critical height of play
equipment that is the height below which a life-threatening head injury would not be expected to occur after a fall from
the equipment. For example, six ( 6) inches of uncompressed wood chips is sufficient for equipment that has a critical
height of seven ( 7) feet, but six ( 6) inches of medium pea gravel or fine or coarse sand is only sufficient for equipment
that has a critical height of five ( 5) feet.
TABLE 1 CRITICAL HEIGHTS ( in feet) OF TESTED MATERIALS
MATERIAL UNCOMPRESSED DEPTH COMPRESSED
DEPTH
6 inch
depth
9 inch
depth
l2 inch
depth
9 inch
depth
Wood Chips* 7-foot fall 10-foot fall 11-foot fall 10-foot fall
Double Shredded Bark Mulch 6-foot fall 10-foot fall 11-foot fall 7-foot fall
Engineered Wood Fibers* * 6-foot fall 7-foot fall > 12-foot fall 6-foot fall
Fine Sand 5 -foot fall 5 -foot fall 9-foot fall 5-foot fall
Coarse Sand 5 -foot fall 5-foot fall 6-foot fall 4-foot fall
Fine Pea Gravel 6-foot fall 7-foot fall 10-foot fall 6-foot fall
Medium Pea Gravel 5-foot fall 5 -foot fall 6 -foot fall 5-foot fall
Shredded Tires* * * 10-12-foot fall N/ A N/ A N/ A
* This product was referred to as Wood Mulch in previous versions of this handbook. The term Wood Chips more accurately describes the product.
* * This product was referred to as Uniform Wood Chips in previous versions of this handbook. In the playground industry, the product is more commonly known as Engineered Wood Fibers.
* * * This data is from tests conducted by independent testing laboratories on a 6 inch depth of uncompressed shredded tire samples produced by four manufacturers. The tests reported critical heights that varied from 10 feet to greater than 12 feet. It is recommended that persons seeking to install shredded tires as a
protective surface request test data from the supplier showing the critical height of the material when it was tested In accordance with ASTM F1 292.
Source: Adapted from the Consumer Product Safety Commission Handbook for Public Playground Safety
( Publication No. 325)
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APPENDIX 78-1 G: STAFF/ CHILD RATIO
Table A: Staff/ Child Ratio for Single-Age Groups
AGE OF CHILDREN MAXIMUM NUMBER OF CHILDREN TO BE
CARED FOR BY ONE QUALIFIED
STAFF MEMBER
MAXIMUM NUMBER OF CHILDREN IN A
GROUP
6 weeks -1 year
( 6 weeks -12 months)
4 8
1 year -2 years
( 13 months -24 months)
4 12
2 years
( 25 -35 months)
8 16
3 years
( 36 -47 months)
10 20
4 years
( 48 -59 months )
12 24
5 years -school-age
( 60 months -school-age)
12 24
school-age 16 32
Table B: Staff/ Child Ratios While Children Are Participating in Water Activities -Single-Age Groups
AGE OF CHILDREN MAXIMUM NUMBER
OF CHILDREN
NUMBER OF QUALIFIED STAFF
MEMBERS
12 months and under 1 1
13-24 months 2 1
25 -59 months 4 1
60 months and over 8 1
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