- (a) A person shall be considered a staff member if they have disciplinary or supervisory control over children, are left alone with children at any time, or are counted in the staff-to-child ratio, regardless of whether or not they are paid by the facility.
(b)
- (1) Staff members in a childcare center shall be eighteen (18) years of age or older.
(2) Exceptions may be allowed for individuals sixteen (16) or seventeen (17) years of age to work in a center if they meet all of the following criteria:
- (A) The individual shall not have disciplinary control over children;
- (B) The individual shall not be left alone with children at any time;
- (C) The individual shall be under the direct supervision of an adult staff member at all times;
- (D) The individual shall meet all other staff requirements; and
- (E) The individual shall be enrolled in a high school or General Education Diploma (GED) curriculum.
(c) All staff members who work directly with children shall have a:
- (1) High school diploma; or
- (2) GED.
(d)
- (1) All staff members who work directly with children shall obtain at least fifteen (15) hours of training each year in continuing early childhood education.
(2) This training shall be:
- (A) Registered with the Office of Early Childhood professional development registry, Department of Education-approved, or Department of Higher Education-approved; and
- (B) Geared toward the age group they spend the majority of their time with.
- (e) All staff members caring for children shall be able to perform necessary job functions.
(f)
- (1) Staff shall not engage in behavior that could be viewed as sexual, dangerous, exploitative, or physically harmful to children.
- (2) A caregiver shall not use profanity or speak in an abusive manner when children are present.
(g)
- (1) No caregiver shall consume or be under the influence of illegal drugs.
(2) A drug test may be required if:
- (A) There is reasonable cause to suspect violation of this requirement; and
- (B) The issue cannot otherwise be resolved.
- (3) No caregiver shall consume or be under the influence of alcohol while delivering care.
- (4) No caregiver shall consume or be under the influence of medications, prescription or nonprescription, which impair their ability to provide care.