1. (1) During an emergency circumstance, a child care center may permit an employee who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for not more than two hours while the child care center secures a qualified caregiver.
2. (2) Notwithstanding subsection (1) of this section, a large child care center, as defined by department rule, or a child care center that operates on the property of a school district, district charter school, or institute charter school, may permit an employee of the child care center or an employee of the school district, district charter school, or institute charter school who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for an amount of time that is reasonably necessary to address an emergency circumstance.
3. (3) During an emergency circumstance, a child care center shall maintain the staff-to-child ratio required by rule of the executive director.
4. (4) As used in this section, unless the context otherwise requires, emergency circumstance includes, but is not limited to, illness, death, accident, law enforcement action, road closure, hazardous weather, emergency bodily function, child elopement, or providing emergency attention or care to a child.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 755, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-106.2 as it existed prior to 2022.