1. (a) A caregiver shall be on duty in a residential child care facility whenever one or more children are present.

2. (b) Except as provided in (c) of this section, the caregiver-to-child ratio in a facility must be as follows:

   1. (1) one caregiver for every six children during any time children are awake and engaged in activity outside their sleeping quarters; and
   2. (2) one caregiver for every 12 children during sleeping hours.

3. (c) The caregiver-to-child ratio when there are infants or toddlers in care must be one caregiver for every

   1. (1) three infants and toddlers in care during waking hours; and
   2. (2) five infants and toddlers in care during sleeping hours.
4. (d) The administrator may be counted as a caregiver for the purposes of (b) and (c) of this section only if the facility serves 12 or fewer children.

(Eff. 1/1/96, Register 136; am 3/1/98, Register 145)