Cal. Code Regs. Tit. 22, § 101416.5 - Staff-Infant Ratio

(a) In addition to Sections 101216.3(c), (e), (g) and (h), and notwithstanding Sections 101216.3(a), (b), (d) and (f), the following shall apply:

(b) There shall be a ratio of one teacher for every four infants in attendance.

(1) An aide may be substituted for a teacher when all of the following conditions are met:

(A) There is a fully qualified teacher directly supervising no more than 12 infants; and

(B) Each aide is responsible for the direct care and supervision of a group of no more than four infants.

(2) When engaged in activities away from the center, there shall be a minimum of one adult to every two infants in attendance.

(A) This ratio may include authorized representatives of infants in care and adult volunteers to supplement the staff-infant ratio.

(c) A director or the assistant director in an infant care center, a combination center, or a single license child care center, may be counted in the staff-infant ratio when actually working with infants.

(d) There shall be one teacher to every 12 sleeping infants provided the remaining staff necessary to meet the ratios specified in (b) above are immediately available at the center.

(1) An aide who is 18 years of age or older, and who meets the requirements of Sections 101216 and 101216.2(e), may be used in place of a teacher if the conditions specified in (d) above are met.

(e) There shall be provision for overlap of staff for different shifts so that continuity of care is assured.

Notes

Cal. Code Regs. Tit. 22, § 101416.5

1. Renumbering and amendment of former Section 101416.3 to Section 101416.5 filed 4-6-87; operative 5-6-87 (Register 87, No. 16).
2. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Amendment of subsections (d) and (d)(1) filed 8-19-2020; operative 8-19-2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).
4. Amendment of subsection (c) filed 8-28-2023; operative 10-1-2023 (Register 2023, No. 35).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81 and 1597.05, Health and Safety Code.

1. Renumbering and amendment of former Section 101416.3 to Section 101416.5 filed -6-87; operative 5-6-87 (Register 87, No. 16).
2. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Amendment of subsections (d) and (d)(1) filed 8-19-2020; operative 8/19/2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).
4. Amendment of subsection (c) filed 8-28-2023; operative 10/1/2023 (Register 2023, No. 35).