Ariz. Admin. Code § 6-5-7437

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-5-7437 - Staff Coverage; Staff-child Ratios

A. A licensee shall have a written plan to minimize the risk of harm to children. The written plan shall describe the staffing for each facility, for 24 hours per day, seven days per week. The staffing plan shall explain:

1. How staff coverage is assured:

a. When assigned staff are absent due to illness, vacation, or other leaves of absence; and

b. During emergencies when only one staff member is on duty; and

2. The methods the licensee uses to assure adequate communication and support among staff to provide continuity of services to children.

B. A licensee shall also have a written staffing schedule for each facility shift; the schedule shall document the staff actually on duty during each shift. The licensee shall retain the schedules in one designated location for at least two years.

C. A licensee shall have at least the paid staff to child ratios prescribed in this subsection.

1. Age 12 and above:

a. At least one paid staff member for each 10 children when children are under the licensee's direct supervision and awake.

b. During sleep hours, at least one paid staff member in each building where children in care are sleeping.

2. Age 6 through 11:

a. At least one paid staff member for each eight children when children are under the licensee's direct supervision and awake.

b. During sleep hours, at least one paid staff member in each building where children in care are sleeping.

3. Age 3 through 5:

a. At least one paid staff member for each six children when children are under the licensee's direct supervision and awake.

b. At least one paid staff member in each building where children in care are sleeping.

4. Under age 3:

a. At least one paid staff member for each five children when children are under the licensee's direct supervision and awake.

b. At least one paid staff member for each six children when children are sleeping.

5. Nonambulatory children, under age 6: At least one paid staff member for each four children at all times.

6. Young adults:

a. At least one paid staff member onsite for each 10 young adults when young adults are under the licensee's direct supervision and awake.

b. During sleep hours, at least one paid staff member onsite for each 20 young adults.

D. For the purpose of the paid staff-child ratios in subsection (C):

1. Students and volunteers do not count as staff;

2. A child who lives at the facility is counted as a child, unless the child is not in the care, custody, and control of the state of Arizona, and the child's parent is:

a. In care, residing in the same facility; and

b. Determined to be the child's primary caregiver by;

i. The placing agency;

ii. A court; or

iii. The licensee, when subsections (i) and (ii) do not apply;

3. When a child resides with a parent in a facility licensed under this Article, the licensee shall provide, at the Department's request, documentation of:

a. The custodial relationship between parent and child; and

b. If applicable, the determination that the parent is an acceptable primary caregiver for the child.

4. Any paid staff member counted in the ratio shall be someone who is qualified to provide direct child care as prescribed in R6-5-7432(E).

E. A licensee shall not fall below the minimum paid staff-child ratios specified in subsection (C), and shall, notwithstanding those ratios, have paid staff:

1. Sufficient to care for children as prescribed in this Article and in the licensee's own program description, statement of purpose, and policies;

2. That take into account the following factors:

a. The ages, capabilities, developmental levels, and service plans of the children in care;

b. The time of day and the size and nature of the facility; and

c. The facility's history and the frequency and severity of unusual incidents, including runaways, sexual acting-out behavior, disciplinary problems, and injuries.

F. A licensee shall have sufficient numbers of qualified staff to perform the fiscal, clerical, food service, housekeeping, and maintenance functions prescribed in this Article and in the licensee's own policies.

G. A licensee shall make a good faith effort to employ staff who reflect the cultural and ethnic characteristics of the children in care.

Ariz. Admin. Code § R6-5-7437

Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3). Amended by emergency rulemaking at 12 A.A.R. 2233, effective June 1, 2006 for 180 days (Supp. 06-2). Emergency renewed at 12 A.A.R. 4732, effective November 28, 2006 for 180 days (Supp. 06-4). Amended by final rulemaking at 13 A.A.R. 2049, effective May 21, 2007 (Supp. 07-2).