- (a) A licensee shall not have more children in care at any one (1) time than the maximum specified on the license.
- (b) The following staff-to-child ratios shall be maintained:
| Ages of Children | Number of Staff | Number of Children |
| Birth – 18 months | 1 | 5 |
| 18 months – 36 months | 1 | 8 |
| 2 ½ – 3 years | 1 | 12 |
| 4 years | 1 | 15 |
| 5 years to Kindergarten | 1 | 18 |
| Kindergarten and above | 1 | 18 |
- (c) Children ages thirty (30) to thirty-six (36) months may be placed in the group most suited to their social, emotional, and developmental maturity.
- (d) Infants and toddlers shall not be mixed with preschool children, except as listed in the following requirement.
- (e) When a total of eight (8) or fewer children are in care at a licensed site, age groups may be mixed according to the following ratios:
| Number of Staff | Number of Children | Ages of Children |
| 1 | 6 | No more than 3 under the age of 2 years |
| 1 | 7 | No more than 2 under the age of 2 years |
| 1 | 8 | No more than 1 under the age of 2 years |
- (f) In a group containing children of different ages, the staff-to-child ratio shall meet the requirements for the youngest child in the group.
- (g) During lunch or outdoor play activities, if children of different age groups are together, the staff-to-child ratio for the respective age groups shall be maintained.
(h)
- (1) At no time shall children be left unsupervised or unattended.
- (2) The childcare center shall provide additional staff for any temporary absence of primary child caring staff for activities such as breaks, meal preparation, transportation, etc.
- (i) The use of cell phones by staff while supervising children shall be prohibited except in emergency situations.
- (j) The Division of Developmental Disabilities Services staff-to-child ratios shall be maintained during division program hours in all facilities that are licensed or certified by both the Child Care Licensing Unit and the division.
- (k) Additional staff provisions shall be made for enrollment of children with disabilities who require individual attention.
- (l) During naptime for children two and one-half (2 1/2) years of age and above, a minimum of fifty percent (50%) of the staff shall remain with the children, with a total of seventy-five percent (75%) of the staff remaining in the building.
(m)
- (1) Group size shall be limited to two (2) times the number of children allowed with one (1) staff member.
- (2) This does not apply to periodic or special group activities.
- (3) Existing structures licensed prior to November 1, 2002, are exempt from this requirement.
- (4) However, any expansions, additions, or any newly licensed structures effective November 1, 2002, shall be in compliance.
(n)
- (1) For ages two and one-half (2 1/2) and above, ratios may be exceeded momentarily as long as children are never left unattended and at least one (1) staff member remains in the classroom with the children.
- (2) This would apply to situations such as brief absences for bathroom breaks or to take a sick or injured child to the director’s office.