C.
Staff-Child ratios.
1. The
number of Children present must not exceed licensed capacity.
2. The maximum number of Children to be
assigned per adult, excluding Staff Members with primary responsibility for
clerical, cooking, and maintenance functions must be as follows:
a. Ratio requirements for Small Facilities
serving 3-12 Children:
CHILD AGES
|
CHILD CARE STAFF MEMBER-CHILD
RATIO
|
6 weeks - 2 years
|
1:4
|
2:8
|
3:12
|
2 years - 5 years
|
1:8
|
2:12
|
Not applicable
|
Over 5 years
|
1:12
|
Not applicable
|
Not applicable
|
Mixed ages
|
1 Staff:
3 Children under 2 years +
3 Children 2 - 5 years +
2 Children over 5 years,
or
8 Children 2 - 5 years +
2 Children over 5 years.
|
2 Staff:
6 Children under 2 years + 6 Children over 2
years.
|
3 Staff:
12 Children
(No more than 9 Children may be under 2
years).
|
b.
Ratio requirements for Facilities serving 13 or more Children:
AGE
|
CHILD CARE STAFF MEMBER-CHILD
RATIO
|
MAXIMUM GROUP SIZE
|
6 weeks - 1 year
|
1:4
|
8
|
1 year - 2 ½ years
|
1:4
1:5
|
12
10
|
2 ½ years - 3 ½ years
|
1:7
|
21
|
3 years - Under 5 years
|
1:8
1:10
|
24
20
|
5 years (School age) - 12 years
|
1:13
|
n/a
|
c.
Ratio requirements for Nursery School programs.
MAXIMUM GROUP SIZE
|
CHILD CARE STAFF MEMBER-CHILD
RATIO
|
30
|
1:12
|
3. In Child care programs serving 13 or more
Children:
a. A single Child Care Staff Member
may provide care in one classroom within the building for six or fewer
Children, regardless of age, for a period of time not to exceed one hour at the
beginning and end of the posted hours of operation.
b. At least two Child Care Staff Members must
be present in the Child Care Facility whenever seven or more Children,
regardless of age, are present.
c.
The group size and the number of required Child Care Staff Members must be
determined based on the age of the youngest Child, when there is a combination
of ages within a group.
d. Older
Children may fill younger Children's spaces, but younger Children may not fill
older Children's spaces.
e. Special
events occurring at the Facility location must provide supervision in
accordance with this rule. A Child attending a special event in the care of a
parent or legal guardian will not be included in staff-Child ratios. Special
events occurring outside of typical hours and days of operation are not subject
to this rule.
D.
Supervision.
1. Children must be supervised at all times.
a. In Child Care Facilities serving 3-12
Children, Child Care Staff Members must have knowledge of the activity and
whereabouts of each Child in care.
i. Child
Care Staff Members must be able to see or hear all Children at all times and be
able to provide prompt intervention when needed.
ii. Child Care Staff Members must be
physically present outside when Children under the age of eight
outdoors.
iii. If Children over the
age of eight are outdoors and a Child Care Staff Member is not physically
present, the play area must be enclosed by fencing and the facility must remain
in compliance with Section 7(D)(1)(a)(i) of this rule.
b. In Child Care Facilities serving 13 or
more Children, a Child Care Staff Member must be able to see and hear all
Children, be responsible for the ongoing activity of the Children, and be able
to provide prompt intervention when needed.
2. When Children are grouped by age in
programs serving 13 or more Children, groupings of Children must be within an
individual room, or a specific area within a large room, separated by a
partition which visually and physically separates groups of Children. The area
must be defined by a visible barrier, partition or other room divider having a
height above the eye level of the Children who will use that area.
3. The Child Care Facility must provide
direct supervision, by awake Child Care Staff Members, to Children while
maintaining staff-Child ratios during napping and/or sleeping.
a. One Child Care Staff Member may leave the
group setting for periods of no longer than five minutes to attend to personal
or programmatic needs, as long as that Child Care Staff Member continues to be
available in an emergency.
b.
Dimmed, but adequate, lighting to allow visual supervision of all Children must
be maintained at all times.
c.
Monitors providing both video and audio may be considered as an acceptable form
of supervision in an adjacent nap space. Sleeping Children must be checked in
person at a minimum every 30 minutes.
4. Child Care Staff Members must attend to a
Child crying or crying out.
F.
Personnel Qualifications
1. All Child Care Staff Members working
without supervision must be at least 18 years old. 16 and 17-year-old Child
Care Staff Members must be directly supervised by another staff person over the
age of 18.
a. All Child Care Staff Members
must have a high school diploma or equivalent, be attending high school, or be
enrolled in a General Educational Development (GED) preparation program or the
High School Equivalency Test (HiSET) preparation program.
b. All Child Care Staff Members must
demonstrate the following:
i. The ability and
willingness to comply with all applicable laws and rules;
ii. The ability to provide safe and
compassionate services;
iii. A
history of honest and lawful conduct; and
iv. Child Care Staff Members working alone
may not have physical limitations that would impact the Child Care Staff
Member's ability to safely care for, supervise or respond to the needs of
Children in care.
c. All
Child Care Staff Members responsible for, or assisting with, the care of
Children must exercise good judgment in the handling of Children, demonstrate
consistent compliance with this rule and all relevant laws, and must not engage
in any action or practice detrimental to the welfare of the Children.
2. All Child Care Staff Members
must be able to perform their assigned tasks and meet all requirements in this
rule. No alcohol, tobacco, recreational marijuana, or illegal drugs may be
consumed while on duty. Prescribed drugs or certified Medications that do not
impair the ability of the Child Care Staff Member to care for Children are
allowed.
3. Facilities licensed for
3 - 12 Children must employ a primary caregiver, Director and/or lead teacher
who is:
a. At least 18 years of age, and who
holds a current certification in adult and pediatric first aid and
Cardio-Pulmonary Resuscitation (CPR); and
b. Has completed at least 6 hours of
pre-licensing training in healthy, safe environments; Child development;
observation and assessment; developmentally appropriate practice; guidance;
relationships with families; individual and cultural diversity; Children with
special needs; business and professional development; and Child care
practices.
4. Facilities
licensed for 13-20 Children must employ a minimum of one director or lead
teacher. The Director/lead teacher may be the owner of the Child Care Facility.
The director and/or lead teacher must be at least 21 years of age and must meet
one of the following requirements:
a.
Graduation from an accredited high school or its equivalent, and 12 months of
employment in a licensed Child Care Program and 12 hours of training in
healthy, safe environments; Child development; observation and assessment;
developmentally appropriate practice; guidance; relationships with families;
individual and cultural diversity; Children with special needs; business and
professional development, Child care, or early Childhood education;
or
b. 30 credit hours of college
courses including six credit hours in early Childhood education or closely
related subjects and six months of experience (employment or college practicum)
in a licensed Child Care Program; or
c. Current Child Development Associate (CDA)
credential as awarded by the Council for Professional Recognition, or a Maine
State-approved credential, and six months of direct Child care experience
(employment or college practicum).
5. Facilities licensed for 21 - 49 Children
must employ a Director and/or lead teacher who is at least 21 years of age, and
meets one of the following requirements:
a. An
Associate Degree in Arts/Associate in Science (AA/AS) in Early Childhood
Education; or
b. An AA/AS with 12
credits in Early Childhood Education or a Department-approved related field,
and two years of direct Childcare experience; or
c. 30 college credits in Early Childhood
Education, and one year of direct Child care experience; or
d. Child Development Associate (CDA) as
awarded by the Council for Professional Recognition or a Maine State-approved
credential, and three years' direct Child care experience; or
e. Five years of direct Child care
experience, and 135 hours of training in early childhood education including
healthy, safe, and inclusive environments; Child development; observation and
assessment; developmentally appropriate practice; guidance; relationships with
families; and cultural diversity.
6. Facilities licensed for 50 or more
Children must employ a Director and/or lead teacher who is at least 21 years of
age, and meets one of the following requirements:
a. A Bachelor of Science/Bachelor of Arts
(BA/BS) in Early Childhood Education; or
b. A BA/BS in a Department-approved related
field with 18 credit hours in Early Childhood Education and three years of
direct Child care experience; or
c.
An Associate in Arts/Associate in Science (AA/AS) in Early Childhood Education
and three years of direct Child care experience; or
d. An AA/AS in a related field with 18 credit
hours in Early Childhood Education and three years of direct Childcare
experience;
e. Current CDA as
awarded by the Council for Professional Recognition or a Maine State-approved
credential, with five years of direct Childcare experience;
f. Seven years of experience and 180 hours of
training in the topics listed in Section 7(F)(4)(e) above; or
g. Meet Level 5, 6, 7, or 8 on the Maine
Roads to Quality Career Lattice.
7. The lead teacher or person having the
primary responsibility for a group of Children in a program with 13 or more
Children must be at least 18 years of age and meet one of the following
requirements:
a. Current CDA as awarded by the
Council for Professional Recognition or a Maine State-approved credential;
or
b. 12 months of direct Child
care experience; or
c. One year (30
credit hours) of college work including one course in a Child related subject
and six months experience.
8. Directors and/or lead teachers of
school-age Child Care Facilities must have an AA/AS in Early Childhood
Education or 30 college credits in a closely related field such as elementary
education, Child development, or recreation management.