In addition to the requirements set forth for day care facilities, facilities providing nighttime care shall meet the following regulations or modifications:

1. (1) Equipment and furnishings.

   1. (a) In facilities operating past midnight, cribs or cots, fitted with a waterproof mattress, shall be provided for each child.
   2. (b) In facilities operating past midnight, there shall be at least one (1) bathing facility for every fifteen (15) children.

2. (2) Child Care Program.

   1. (a) Staffing.

      1. 1. Staff-child ratio for sleeping children:

         Ages	Staff of Child Ratio
         0 up to 18 months	1 to 5
         18 months up to 2½ years	1 to 14
         2 ½ years up to 4 years	1 to 18
         4 years and older	1 to 25

      2. 2. Required staff-child ratios and grouping for day care facilities shall be maintained while the children are awake.
      3. 3. At least one staff person who is at least 19 years of age, who meets child care worker qualifications and has a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certificate (CPR) and a current First Aid Certificate, shall be present in the facility during all hours of operation. Copies of the certificates shall be kept on file in the facility.

      4. 4. Coverage.

         1. (i) All children shall have staff supervision at all times.
         2. (ii) Each staff person giving care before bedtime and bedtime periods shall be assigned the responsibility of caring for the same children nightly.
         3. (iii) There shall be at least one (1) staff person in each room of sleeping children. Staff shall be able to see all the children at all times.
         4. (iv) All staff on duty shall be awake and alert to the needs of the children.
         5. (v) There shall be at least two staff persons age 19 or older available in the facility or on the premises, whenever children are present. Required staff-child ratios shall be met at all times.
         6. (vi) While children are sleeping, lighting shall be maintained at a level that will enable children to be visible.

   2. (b) Food and food service.

      1. 1. Any child who goes directly from the facility to school shall be served breakfast before leaving the facility unless breakfast shall be eaten at school.
      2. 2. An evening meal shall be served for children in attendance.

   3. (c) Bathing.

      1. 1. If any child in care is bathed, clean water shall be provided for each child. Each child shall be bathed separately. Each child shall be supervised while bathing.
      2. 2. An individual bar of soap, an individual towel, and individual washcloth shall be provided for each child who is bathed at the facility.
      3. 3. The staff shall assist each child, in dressing and grooming, as needed.

Author: Jeanetta E. Green

Statutory Authority: Child Care and Development Block Grant Act of 2014 (42 U.S.C.S. §§9857 et seq,).

History: New Rule: Filed October 10, 2017; effective November 24, 2017.