A. The vendor, except those exempt from
licensure operated by or under the auspices of a religious institution, shall
ensure that the following ratio requirements are maintained:
1. For children from birth to the age of 16
months: one staff member for every four children;
2. For children 16 months to two years: one
staff member for every five children;
3. For two-year-old children: one staff
member for every eight children;
4.
For children from three years to the age of eligibility to attend public
school, five years by September 30: one staff member for every 10
children;
5. For children from age
of eligibility to attend public school through eight years: one staff member
for every 18 children; and
6. For
children from nine years through 12 years of age: one staff member for every 20
children.
B. Except
during meals or snacks, the designated rest period, evening and overnight sleep
time, outdoor play, field trips, special group activities, or during the first
and last hour of operation when the vendor operates more than six hours per
day, the vendor, except those exempt from licensure operated by or under the
auspices of a religious institution, shall ensure that the following group size
requirements are maintained at all times:
1.
For children from birth to the age of 16 months: the maximum group size is 12
children;
2. For children 16 months
to two years: the maximum group size is 15 children;
3. For two-year-old children: the maximum
group size is 24 children; and
4.
For children from three years to the age of eligibility to attend public
school, five years by September 30: the maximum group size is 30 children.
Group size requirements in this section do not apply to
children school age eligible through 12 years of age or when a variance has
been granted by the Division of Licensing Programs.
C. Facilities operated by, or under the
auspices of, a religious institution and exempt from licensure shall employ
supervisory personnel as set forth in §
22.1-289.031
of the Code of Virginia and shall ensure the following ratio requirements are
maintained:
1. One staff member to four
children from ages zero to 16 months;
2. One staff member to five children from
ages 16 months to 24 months;
3. One
staff member to eight children from ages 24 months to 36 months;
4. One staff member to 10 children from ages
36 months to five years;
5. One
staff member to 20 children from ages five years to nine years; and
6. One staff member to 25 children from ages
nine years to 12 years.
When a group of children receiving care includes children
from different age brackets, the age of the youngest child in the group shall
be used to determine the staff-to-children ratio that applies to that
group.
D. With the
exception of when meals or snacks are served, the designated rest period,
evening and overnight sleep time, outdoor play, and field trips, special group
activities, or during the first and last hour of operation when the vendor
operates more than six hours per day, facilities operated by, or under the
auspices, of a religious institution and are exempt from licensure shall ensure
the following group size requirements are maintained at all times:
1. For children from birth to two years of
age: the maximum group size is 12 children;
2. For children from two years to six years
of age: the maximum group size is 30 children; and
3. For children who are six years up to 12
years of age: group size requirements in this section do not apply.
E. The vendor shall develop and
implement a written policy and procedure that describes how the vendor will
ensure that each group of children receives care by consistent staff or team of
staff members.
F. Staff shall be
counted in the required staff-to-children ratios only when they are directly
supervising children.
G. When
children are in ongoing mixed age groups, the staff-to-children ratio and group
size applicable to the youngest child in the group shall apply to the entire
group.
H. Children less than 10
years of age shall always be within actual sight and sound supervision of
staff, except that staff need only be able to hear a child who is using the
restroom provided that:
1. There is a system
to ensure that individuals who are not staff members or persons allowed to pick
up a child in care do not enter the restroom area while in use by children;
and
2. Staff checks on a child who
has not returned from the restroom after five minutes. Depending on the
location and layout of the restroom, staff may need to provide intermittent
sight supervision of the children in the restroom area during this five-minute
period to assure the safety of children and to provide assistance to children
as needed.
I. Children 10
years of age and older shall be within actual sight and sound supervision of
staff except when the following requirements are met:
1. Staff can hear or see the children (video
equipment, intercom systems, or other technological devices shall not
substitute for staff being able to directly see or hear children);
2. Staff are nearby so that they can provide
immediate intervention if needed;
3. There is a system to ensure that staff
know where the children are and what they are doing;
4. There is a system to ensure that
individuals who are not staff members or persons allowed to pick up children in
care do not enter the areas where children are not under sight supervision;
and
5. Staff provides sight and
sound supervision of the children at variable and unpredictable intervals not
to exceed 15 minutes.
J.
When the outdoor activity area is not adjacent to the center, there shall be at
least two staff members in the outdoor activity area whenever one or more
children are present.
K. Staff
shall not allow a child to leave the center unsupervised.
L. For vendors operated by, or under the
auspices of, a religious institution and exempt from licensure, during
designated rest periods and the designated sleep period of evening and
overnight care programs, the ratio of staff to children over 16 months of age
may be double the number of children to each staff required by subsection C of
this section if:
1. The staff person shall be
present in the same space as sleeping children;
2. Staff counted in the overall rest period
ratio are on the same floor as the sleeping or resting children and available
in case of emergency; and
3. An
additional person is present to help.
Once at least half of the children in the resting room or
area are awake and off their mats or cots, the staff-to-child ratio shall meet
the ratios as required in subsection C of this section.
M. For vendors not operated by, or
under the auspices of, a religious institution, during designated rest periods
and the designated sleep period of evening and overnight care programs, the
ratio of staff to children over 16 months of age may be double the number of
children to each staff required by subsection A of this section if:
1. The staff person shall be present in the
same space as sleeping children;
2.
Staff counted in the overall rest period ratio are on the same floor as the
sleeping or resting children and available in case of emergency; and
3. An additional person is present to help.
Once at least half of the children in the resting room or
area are awake and off their mats or cots, the staff-to-child ratio shall meet
the ratios as required in subsection A of this section.