55 Pa. Code § 3280.52
(a) The minimum number of facility persons is as follows:
(b) When children are grouped in similiar age levels, the following child group sizes and ratios of staff persons apply:
| Staff | Children | Maximum Group Size | Total Number of Staff Required for the Maximum Group Size | |
| Infant | 1 | 4 | 12 | 3 |
| Young toddler | 1 | 5 | 12 | 3 |
| Older toddler | 1 | 6 | 12 | 2 |
| Preschool | 1 | 10 | 12 | 2 |
| Young school-age | 1 | 12 | 12 | 1 |
| Older school- age | 1 | 15 | 15 | 1 |
The provisions of this § 3280.52 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).
The provisions of this § 3280.52 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (312274) to (312276).
Insufficient Supervision
Thirteen infants and toddlers, some not old enough to sit up, were left alone on the first floor of the provider’s facility with no adult supervision whatsoever. This regulation requires at least three staff persons supervising a group of twelve infants and toddlers at all times; therefore, the facility’s supervisory staff was woefully inadequate for such a large group of children. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).
This section cited in 55 Pa. Code § 3280.53 (relating to children of an operator or a facility person); 55 Pa. Code § 3280.113 (relating to supervision of children); 55 Pa. Code § 3280.173 (relating to transportation ratio); and 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).