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Rules for the Licensing of Child Care Facilities 10-148 cmr chapter 32


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STAFF CHILD REQUIREMENTS, Small Childcare Facility



    1. Staff-Child Ratios for Small Childcare Facilities




      1. The maximum number of children to be assigned to one (1) adult. The maximum number of children to be assigned to one adult, exclusive of service staff (clerical, cooking and maintenance) shall be as follows: (this includes pre-school children related to the operator or staff by blood, marriage or adoption)




        1. If all children are under two (2) years of age, one staff may care for up to four (4) children;




        1. One (1) staff may care for up to eight (8) children between the ages of two (2) years and five (5) years old plus two (2) children over the age of five (5) years;




        1. One (1) staff may care for up to twelve (12) children who are over the age of five (5) years; or




        1. One (1) staff may care for up to three children under the age of two (2) years, plus up three (3) children between the ages of two (2) and five (5) years, plus up to two (2) children over the age of five (5) years.




      1. The maximum number of children to be assigned to two (2) adults. The maximum number of children to be assigned to two (2) adults, exclusive of service staff (clerical, cooking and maintenance) shall be as follows:




        1. If all children are under two (2) years of age, two (2) staff may care for up to eight (8) children; or




        1. Two (2) staff may care for up to twelve (12) children over the age of two (2) years old; or




        1. Two (2) staff may care for up to six (6) children under the age of two (2) years, plus up to six (6) children over two (2) years old, for a maximum of twelve (12) total children.




      1. The maximum number of children to be assigned to three (3) adults. The maximum number of children to be assigned to three (3) adults, exclusive of service staff (clerical, cooking and maintenance) shall be as follows:




        1. Three (3) staff may care for up to twelve (12) children if all are under the age of two (2) years; or




        1. Three (3) staff may care for up to twelve (12) children if all are over the age of two (2) years; or




        1. Three (3) staff may care for up to nine (9) children under the age of two (2) years, plus three (3) children over two (2) years old, for a maximum of twelve (12) total children.




      1. Combination of ages. When there is a combination of ages within a group, the group size and the number of required staff shall be determined based on the age of the youngest child.




Age of children

1 staff –

minimum staff to child ratios

2 staff –

minimum staff to child ratios

3 staff –

minimum staff to child ratios

All children

6 weeks to 2 years old.
1:4

2:8

3:12

All children

24 months and older
1 staff for 8 children under five years;

plus 2 children over five years
2:12

3:12

All children

over 5 years old (school age)
1:12

2:12

3:12

Mixed ages

1 staff for 3 children under two years plus 3 children two to five years plus 2 children over five years. Maximum is 6 plus 2 school age children total.

2 staff for 6 children under 2 years plus 6 children over two years old. Maximum is 12 children total.

3 staff for 12 children including no more than 9 children under two years of age. Maximum is 12 children total.




    1. Staff training. All Small Childcare Facilities must provide for twelve (12) hours of ongoing training per year for all childcare staff.



CHAPTER III. CHILDCARE CENTERS




CHILDCARE CENTERS





    1. Additional rules. In addition to Chapter I, Childcare Centers must comply with this chapter. Childcare Center means (1) a house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of the day providing care and protecting for thirteen (13) or more children under thirteen (13) years of age, or (2) a location or locations that are operated as a single childcare program or by a single person or persons who maintain or otherwise carry out a regular program, for consideration, for any part of the day providing care and protection for more than twelve (12) children.




    1. Personnel. Staff qualifications for facilities licensed for 13-20 children.




      1. Director and/or Head Teacher qualifications. The director and/or head teacher shall be at least twenty-one (21) years of age and meet one of the following:




        1. High school. Graduation from an accredited high school or its equivalent and twelve (12) months of employment in a licensed Child Care Facility licensed for thirteen (13) or more children or twelve (12) months experience as the operator of a Child Care Facility licensed for three to twelve (3-12) (including Family Child Care), and twelve (12) hours training in healthy, safe environments; child development; observation and assessment; developmentally appropriate practice; guidance; relationships with families; individual and cultural diversity or business and professional development, childcare, early childhood education, topics related to operating a Child Care Facility, or other subjects related to the age or characteristics of children for whom care is planned.




        1. College courses. Thirty (30) credit hours of college courses including six (6) credit hours in childcare, child development, childcare administration, behavioral sciences or closely related subjects and six (6) months experience (employment or college practicum) in a Child Care Facility licensed for 13 or more children) or six (6) months experience (employment or college practicum) operating a Child Care Facility for three (3) to twelve (12) children.




        1. Credential. Child Development Associate (CDA) as awarded by the CDA National Credentialing Program.




      1. Director or Head Teacher. The facility must employ a minimum of one (1) director or head teacher. The director/head teacher may be the operator or licensee.




      1. Qualifications of other staff.




        1. All staff shall be at least eighteen (18) years old.




        1. All staff shall have a high school diploma or equivalent or be attending high school or be enrolled in a GED (General Educational Development) preparation program.




        1. All staff shall demonstrate the following:




          1. The ability and willingness to comply with all applicable laws and rules;




          1. The ability to provide safe and compassionate services; and




          1. A history of honest and lawful conduct.




        1. Group leader qualifications. Group leader qualifications must be in accordance with Section 27.5.2.




      1. Ongoing training. Child Care Facilities licensed for 13-20 children must provide for all childcare staff as follows:




        1. Staff scheduled to work 20 hours or less per week must have 18 hours of training per year.




        1. Staff scheduled to work more than 20 hours per week must have 30 hours of training per year.




    1. Personnel. Staff qualifications for facilities licensed for 21 - 49 children.




      1. Director and/or Head Teacher qualifications. The director and/or head teacher shall be at least twenty-one (21) years of age and meet one of the following:




        1. Associate degree. An Associate in Arts/Associate in Science (AA/AS) in Early Childhood Education; or




        1. AA/AS in related filed. An AA/AS with twelve (12) credits in Early Childhood Education or a related field and two (2) years direct childcare experience; or




        1. College credit and experience. Thirty (30) college credits in Early Childhood Education with one (1) year direct childcare experience; or




        1. Credential and experience. Child Development Associate (CDA) as awarded by the CDA National Credentialing Program with three (3) years direct childcare experience; or




        1. Experience and training. Five (5) years direct childcare experience and one hundred and thirty-five (135) hours of training in healthy, safe environments; child development; observation and assessment; developmentally appropriate practice; guidance; relationships with families; individual and cultural diversity or business and professional development; childcare, early childhood education, topics related to operating a Child Care Facility; or other subjects related to the age or characteristics of children for whom care is planned.




        1. Program Directors. Directors and/or head teachers of School-Age Childcare Programs (Section 23) shall have an AA/AS in Early Childhood Education or a closely related field such as elementary education, youth development, or recreation management or thirty (30) college credits in Early Childhood Education or a closely related field, such as elementary education, youth development, or recreation management or Section 27.3.1.4 or Section 27.3.1.5 above.




      1. Qualifications of other staff.




        1. All staff shall be at least eighteen (18) years old.




        1. All staff shall have a high school diploma or equivalent or be attending high school or be enrolled in a GED (General Educational Development) preparation program.




        1. All staff shall demonstrate the following:




          1. The ability and willingness to comply with all applicable laws and rules;




          1. The ability to provide safe and compassionate services; and




          1. A history of honest and lawful conduct.




      1. Group leader qualifications. Group leader qualifications must be in accordance with Section 27.5.2.




      1. Ongoing training. Child Care Facilities licensed for 21-49 children must provide for all childcare staff as follows:




        1. Staff scheduled to work 20 hours or less per week must have 18 hours of training per year.




        1. Staff scheduled to work more than 20 hours per week must have 30 hours of training per year.




    1. Personnel. Staff qualifications for facilities licensed for 50 or more children.




      1. Director and/or Head Teacher qualifications. The director and/or head teacher shall be at least twenty-one (21) years of age and meet one of the following:




        1. Degree in Early Childhood Education. A Bachelor of Science/Bachelor of Arts (BA/BS) in Early Childhood Education; or




        1. Degree and experience. An Associate in Arts/Associate in Science (AA/AS) in Early Childhood Education and three (3) years direct childcare experience; or




        1. AA/AS and experience. AA/AS in a related field with eighteen (18) credit hours in Early Childhood Education and three (3) years direct childcare experience; or




        1. BA/BS and experience. BA/BS in a related field with eighteen (18) credit hours in Early Childhood Education and three (3) years direct childcare experience; or




        1. Credential and experience. Child Development Associate (CDA) as awarded by the CDA National Credentialing Program with five (5) years direct childcare experience; or




        1. Experience and training. Seven (7) years experience and one hundred and eighty (180) hours of training in healthy, safe environments, child development; observation and assessment; developmentally appropriate practice; guidance; relationships with families; individual and cultural diversity or business and professional development; childcare, early childhood education, topics related to operating a Child Care Facility; or other subjects related to the age or characteristics of children for whom care is planned.




        1. School-Age Childcare Programs. Directors and/or head teachers of School-Age Childcare Programs (Section 23) will have a BA/BS in Early Childhood Education or a closely related field such as elementary education, youth development, or recreation management or an AA/AS in Early Childhood Education or a closely related field, such as elementary education, youth development, or recreation management and two (2) years experience or meet requirements in Section 27.4.1.5 and Section 27.4.1.6 above.




      1. Qualifications of other staff.




        1. All staff shall be at least eighteen (18) years old.




        1. All staff shall have a high school diploma or equivalent or be attending high school or be enrolled in a GED (General Educational Development) preparation program.




        1. All staff shall demonstrate the following:




          1. The ability and willingness to comply with all applicable laws and rules;




          1. The ability to provide safe and compassionate services; and




          1. A history of honest and lawful conduct.




      1. Group leader qualifications. Group leader qualifications must be in accordance with Section 27.5.2.




      1. Ongoing training. Child Care Facilities licensed for fifty (50) or more children must provide for all childcare staff as follows:




        1. Staff scheduled to work 20 hours or less per week must have 18 hours of training per year.




        1. Staff scheduled to work more than 20 hours per week must have 30 hours of training per year.




    1. Other staff requirements for facilities licensed for 13 or more children.




      1. Kindergarten. If the Child Care Facility provides a kindergarten program, it must be staffed by a certified teacher.




      1. Group leader. The group leader or person having the primary responsibility for a group of children in a facility with thirteen (13) or more children shall be at least eighteen (18) years of age and meet one of the following:




        1. Credential. Child Development Associate (CDA) as awarded by the CDA National Credentialing Program.




        1. Experience. Six (6) months experience working in a Child Care Facility licensed for 13 or more children.




        1. College credits. One year (30 credit hours) of college work including a course in a child related subject.



STAFF CHILD REQUIREMENTS, Childcare Centers





    1. Staff-child ratios




    1. The maximum number of children to be assigned to one adult. For all facilities licensed for thirteen (13) or more children, the maximum number of children to be assigned to one adult, exclusive of service staff (clerical, cooking and maintenance) must be as follows:




      1. Child Care Centers must maintain the following minimum adult to child ratios:




Age

Staff to child ratio

Maximum group size

6 weeks - 1 year

1:4

8

1 year - 2 ½ years

1:4

1:5


12 or

10


2 ½ years - 3 ½ years

1:7

21

3 years – Not yet school age 5 years

1:8

1:10


24 or

20


School age 5 years - 15 years

1:13

n/a




      1. Combination of ages. When there is a combination of ages within a group, the group size and the number of required staff shall be determined based on the age of the youngest child.




    1. Group leader for facilities licensed for 13-20. The facility licensed for 13-20 children must employ at least one group leader (see Section 27.5.2) who may be the same person as the Director/Head Teacher. Aides or assistants may be employed to complete the ratios.




    1. Group leader for facilities licensed for twenty-one (21) or more. The facility licensed for 21-49 or fifty (50) or more children must employ one group leader per group of children. Aides or assistants may be employed to complete the ratios.




    1. Additional rules for facilities licensed for thirteen (13) or more. All facilities licensed for thirteen (13) or more must comply with the following:




      1. One staff person. A single staff member may provide care for six (6) or fewer children, regardless of age at the beginning and end of the day for a period of time not to exceed one hour.




      1. Two staff persons. At least two (2) staff members shall be present in the Child Care Facility whenever seven (7) or more children, regardless of age, are present.


ADDENDUM

Statutory Authority & Regulatory History

STATUTORY AUTHORITY

22 M.R.S.A. ch. 1673; 5 M.R.S.A. §8054; Resolve 2007 ch. 199
EFFECTIVE DATE:

January 20, 1980


AMENDED:

March 11, 1980 - Sec. 4 (B)

February 16, 1982 - Sec. 7 (added)

March 4, 1986

February 11, 1987
REPEAL & REPLACE:

December 1, 1991


AMENDED:

May 14, 1995 - Sec. 2B


NON-SUBSTANTIVE CORRECTION:

February 11, 1998 - removal of duplicate §III


AMENDED:

July 1, 1998


NON-SUBSTANTIVE CORRECTION:

March 15, 2000 - corrected temperature in XVII(C)(6)(f), font change, formatting


REPEALED AND REPLACED:

November 12, 2002 - filing 2002-336


NON-SUBSTANTIVE CORRECTIONS:

March 3, 2003


AMENDED:

August 17, 2004 – filing 2004-318


AMENDED:

January 31, 2008 – filing 2008-8

June 1, 2008 – filing 2008-234 (EMERGENCY)

August 27, 2008 – filing 2008-382



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