1. (a) Programs that opt to allow child care staff to take children on routine or unplanned local trips, such as walks in the neighborhood, trips to the local library, or other routine errands, shall obtain a signed and dated general permission slip from each child’s parent or guardian, which specifies all approved destinations and activities.
2. (b) Child care staff who take the children off the premises for trips under (a) above shall call parents or guardians or post a notice at the program, informing parents or guardians of the destination and route of any unplanned trips, and the estimated time of return to the program.
3. (c) The program manager shall obtain a signed and dated permission slip from each child’s parents or guardians prior to allowing a child to participate in any water activities on or off the premises of the program, or any field trip off the premises of the program.

4. (d) The permission slip required in (c) above shall be retained by the program and available for review by the department for a minimum of 2 years after the date of the last water activity or field trip covered by the permission slip, and include:

   1. (1) For water activities, the date(s) and destination(s) covered by the permission slip, whether the child can swim, and the child’s comfort level in or near water; and
   2. (2) For all other field trips, the date(s), destination(s), and activities covered by the permission slip.

5. (e) Whenever the program provides transportation, it shall ensure that:

   1. (1) Any vehicle used for transportation of children is legally registered and inspected in accordance with the laws of the state where the owner of the vehicle resides;
   2. (2) The vehicle is maintained in a safe operating condition, and is clean and free of obstructions on the floors and seats;
   3. (3) The operator of any vehicle transporting children is at least 18 years old and holds a valid driver’s license;
   4. (4) The driver and any other attendants in the vehicle have received training in the safe transportation of children;
   5. (5) The driver of the vehicle is alert and not distracted; and
   6. (6) The driver of the vehicle takes attendance before and after each trip and conducts a complete vehicle inspection after every trip to ensure that no child is left alone in a vehicle at any time.
6. (f) Child care staff shall not permit any child to remain in any vehicle unattended by staff of the child care program.
7. (g) Any vehicle used to transport children, whether owned by the program, a child care staff member, or by a parent or guardian who is transporting children other than their own, shall have proof of current liability insurance.

8. (h) Child care staff shall ensure:

   1. (1) The number of children riding in any vehicle does not exceed the number of persons the vehicle is designed to carry;
   2. (2) Individual, age-appropriate child restraints or seat belts are provided for and used by each child in accordance with RSA 265:107-a, and the driver and any other adults shall use their seatbelts when transporting children; and
   3. (3) All children remain seated when the vehicle is in operation.

9. (i) Child care staff shall carry on all field trips:

   1. (1) A copy of each child’s registration and emergency information forms;
   2. (2) A first aid kit in the vehicle whenever children are present;
   3. (3) A copy of the parental or guardian permission slip for the field trip;
   4. (4) A record documenting that staff accounted for each child every time they entered or exited the vehicle;
   5. (5) All emergency and currently prescribed child medications, as applicable; and
   6. (6) In each vehicle, a form that includes the program name, address, and phone number.
10. (j) There shall be a working cell phone or other mechanism for making emergency telephone calls available in each vehicle during transport.

11. (k) All swimming pools and wading pools on the premises of the child care program and used as part of the child care operations shall be supervised in accordance with the following:

    1. (1) Child care staff shall supervise children at all times when they have access to wading pools that have water in them;
    2. (2) Child care staff shall not allow children inside the wading pool, swimming pool area, or in the swimming pool without adult supervision; and
    3. (3) There shall be at least one staff person who is currently certified in CPR and who has completed a water safety training within the previous 3 years always present with the children during any water activity, and whenever children have access to swimming pools or other bodies of water.
12. (l) When children are engaged in water activities, an adult who reports that they know how to swim shall always be present with children.
13. (m) Child care staff who are responsible for children engaged in water activities shall be able and willing to immediately respond to any child in the water who needs assistance.
14. (n) Lifeguards, swimming instructors, and similar individuals not employed by the program shall not be considered as staff to meet required staff to child ratios and supervision unless they are responsible only for the children participating in the field trip.
15. (o) The program manager shall maintain staff to child ratios and minimum staffing requirements during routine daily transportation and other routine trips such as walks in the neighborhood and trips to the local library.

16. (p) Center-based programs shall staff water activities in accordance with the following:

    1. (1) For children ages 24 to 35 months the maximum group size shall be 8 children, with a ratio of one staff to 2 children;
    2. (2) For children ages 36 to 47 months the maximum group size shall be 12 children, with a ratio of one staff to 4 children;
    3. (3) For children ages 48 to 59 months the maximum group size shall be 18 children, with a ratio of one staff to 6 children; and
    4. (4) For children ages 56 months and older, if licensed as a school age program, the maximum group size shall be 24 children, with a ratio of one staff to 8 children.

17. (q) Center-based programs shall staff field trips in accordance with the following:

    1. (1) For children 18 months and younger the maximum group size shall be 6 children, and the ratio shall be one staff to 3 children;
    2. (2) For children ages 19 to 35 months the maximum group size shall be 12 children, with a ratio of one staff to 4 children;
    3. (3) For children ages 36 to 47 months the maximum group size shall be 18 children, with a ratio of one staff to 6 children;
    4. (4) For children ages 48 to 59 months the maximum group size shall be 20 children, with a ratio of one staff to 8 children; and
    5. (5) For children ages 56 months and older, if licensed as a school age program, the maximum group size shall be 24 children, with a ratio of one staff to 10 children.
18. (r) At least one child care staff or volunteer with each group of children in (p) and (q) above shall be 21 years of age or meet the qualification requirements to be alone with children.
19. (s) In a center-based program, the staff to child ratio and maximum group size for a mixed age group of children participating in any field trip or water activity shall be based on the age of the youngest child in the group.

20. (t) Center-based programs may exceed the maximum group size specified in (p) above for water activities, and (q) above for all other field trips only:

    1. (1) During transportation to the field trip or water activity;
    2. (2) At snack or mealtimes during the field trip or water activity; and
    3. (3) During water activities where certified lifeguards or water safety instructors are present and exclusively supervising the water activities of the children in care of the program.

21. (u) In a family or family group child care home and small child care centers, for all water activities on or off the premises of the program, child care staff shall comply with the staffing requirements specified in He-C 4002.33, and the minimum staff to child ratios and staffing levels as follows:

    1. (1) There shall be one staff member for every 2 children, 35 months and younger, and the staff assigned to this age group shall be responsible only for the children in this age group; and

    2. (2) For children ages 3 years and older, the ratio shall be determined by the age of the youngest child in the group as follows:

       1. a. If the youngest child is 3 years old, there shall be one staff member for every 4 children;
       2. b. If the youngest child is 4 years old , there shall be one staff member for every 6 children; and
       3. c. If the youngest child is 5 years of age or older, there shall be one staff member for every 8 children.
22. (v) Child care staff who meet the requirements of at least a group leader in a school-age program, associate teacher in all other center-based programs as specified in He-C 4002.34, or child care worker in family based programs or small child care centers as specified in He-C 4002.33 shall be designated as in charge and present during any water activity or field trip.
23. (w) All child care staff participating in any water activity or field trip shall be aware of the identity of the person designated in charge.
24. (x) At least one staff person who has successfully completed a basic water safety course within 1 year prior to the water activity shall be present during any water activity for every 12 children.
25. (y) Except during swimming activities conducted by a qualified swim instructor, a person certified in water safety and rescue, or a lifeguard, child care staff shall prohibit each child who cannot swim from going into water that reaches higher than their knees.

Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.29); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.32)