606 Mass. Reg. 7.10

Current through Register 1521, May 10, 2024

Section 7.10 - Ratios, Group Sizes and Supervision of Children

The following requirements apply to all programs, including family child care, small group and school age and large group and school age child care. Additional requirements for family child care are found at 606 CMR 7.10(6) and (7). Additional requirements for small group and school age child care are found at 606 CMR 7.10(7) and (8). Additional requirements for large group and school age child care are found at 606 CMR 7.10(8) and (9).

(1) The licensee must maintain sufficient numbers of qualified staff to promote the health, safety, growth and development of each child. Assignment of staff must take into account the physical environment, requirements of the activities children are engaged in, and the developmental levels and behavioral traits of children in care.

(2)Ratios. The program must have the number of educators necessary to:

(a) ensure adequate supervision of the group at all times;

(b) provide individual attention to children; and

(c) promote their physical, social, emotional and cognitive development.

(3)Staff to be Included in Ratios.

(a) For purposes of calculating staff: child ratios, staff shall include only those EEC-qualified persons who are assigned to care for children for specific hours of the day.

(b) Volunteers and student interns shall not be included in staff: child ratios unless they are at least 16 years of age (in Small and Large Group and School Age Child Care) or at least 18 years of age (in Family Child Care) and are assigned to the program for at least three months.

(4)Multi-age Grouping. A group of children ranging in age from birth through 13 years (or 16 years, if such children have special needs), may be assigned on an ongoing basis to a single group, provided all provisions of 606 CMR 7.10(4) are met. The Multi-age Grouping ratios and group sizes specified at 606 CMR 7.10(4)(d) through (h) may be used by:

(a) family child care and small group and school age child care programs;

(b) large group and school age child care programs during the initial two hours and final two hours of the program day, if:

1. the program operates more than seven hours per day, and

2. educators meet the qualifications required of educators in large group and school age child care programs;

(c) large group and school age child care programs during the entire program day when approved by the Department.

1. A large group and school age child care program may apply for and receive approval of a single full day Multi-age Group when it can demonstrate that:

a. the developmental needs of every child in the Multi-age Group can be met in that setting;

b. the program's physical environment is sufficiently self-contained to allow the benefits of a "family setting" within a larger, center based program.

2. The Department may approve additional Multi-age Groups within a large group and school age child care program if the licensee can demonstrate, to the satisfaction of the Department, that the initial Multi-age Group has operated successfully for at least one year.

Regulation Number	Group Size	Minimum Number of Educators Present	Limits on Ages of Children
606 CMR 7.10(4)(d)	six or fewer children	one educator	No more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months.
606 CMR 7.10(4)(e)	seven or eight children	one educator	No more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months. All children over capacity of six must be school age.
606 CMR 7.10(4)(f)	six or fewer children	two educators	No more than six children younger than two years old.
606 CMR 7.10(4)(g)	seven - ten children	two educators	No more than six children younger than two years old, including no more than three infants.
606 CMR 7.10(4)(h)	seven-ten children	three educators	No more than six infants. Additional children must be 15 months of age or older.

(5)Supervision of Children. In addition to interacting with children as required by 606 CMR 7.05, all licensees and educators must exercise appropriate supervision of the children in their care in order to ensure their health and safety at all times. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities.

(a) Children younger than six months of age at the time of enrollment must be under direct visual supervision at all times, including while napping, during the first six weeks they are in care.

(b) Licensees and educators must use good judgment at all times and must consider the following factors when determining the appropriate level of supervision:

1. the chronological age and developmental needs of each child;

2. the behavioral characteristics of each child;

3. the number of educators supervising each group and their qualifications;

4. the environment and its impact upon the educator's ability to see and/or hear children; and

5. the nature of the activity and the materials and equipment used.

(c) Educators must be in sufficient proximity to children at all times in order to be able to intervene quickly when necessary.

(d) Educators must be positioned to maximize their ability to see and/or hear children in their care.

(e) Educators must be aware of children's activities at all times.

(f) Educators must not engage in any other activities or tasks that could unnecessarily divert their attention from supervising the children.

(g) In programs serving infants and toddlers, educators must not leave a child unattended in an infant seat, on a changing table, or any other surface that could result in a fall.

(h) No child may be outdoors without appropriate adult supervision as set forth in 606 CMR 7.10(5)(b).

(i) As provided at 606 CMR 7.13(3)(i), a child must never be left unattended in a vehicle.

(j) Children age seven or older may, with written parental consent, participate in activities within the approved indoor space without constant visual supervision by the educator. The educator must be aware of the child's location, monitor the child's activity at regular intervals based on the factors in 606 CMR 7.10(5)(b), be readily available to assist children, as needed, and be able to respond immediately to an emergency situation.

(k) Children age nine or older may leave the premises with written parent and educator consent, provided that the consent specifies the day and time the child will leave, the time the child will return, if applicable, the method of transportation the child will use, and the parent's responsibility for the child once he or she leaves the premises.

(6)Additional Provisions for Family Child Care. Notwithstanding 606 CMR 7.10(5)(h):

(a) children five years of age or older may be allowed to engage in outdoor activities unaccompanied by the educator if:

1. the outdoor play space is located on the family child care premises of a single family or first floor residence, and is enclosed by a fence at least four feet high; and

2. the children are observed by the caregiver every 15 minutes;

3. the time unaccompanied by the provider does not exceed one hour; and

4. the parents have given written permission.

(b) Children age seven or older may, with written parental consent, participate in activities within the approved outdoor space unaccompanied by the provider if the educator:

1. is aware of the child's location;

2. monitors the child's activity at regular intervals based on the factors in 606 CMR 7.10(5)(b);

3. is readily available to assist the children, as needed; and

4. is able to respond immediately to an emergency situation.

(7)Additional Requirements for Family Child Care and Small Group and School Age Child Care.

(a) Except as provided at 606 CMR 7.10(5)(i), children must always be on the same floor level as the educator.

(b) Except when attending to their personal hygiene needs, educators must be actively engaged in child care and education activities during all times when children are in care.

(c) Educators must ensure that infants and toddlers are placed in a safe location when educators are unable to maintain direct eye contact with them for any reason.

(d) The educator must visually observe napping children at least every 15 minutes. When children are placed in a separate room for naps, the door must remain ajar.

(8)Additional Provisions for Small Group and School Age and Large Group and School Age Child Care.

(a) Notwithstanding the provisions of 606 CMR 7.10(5)(j), the educator must accompany children to the bathroom whenever toilet facilities used by the children in care are also available to the public. When toilet facilities are used exclusively by the licensee's program and are not available to the public, an individual child of the appropriate age may, with permission from the educator, go to the bathroom independently. The educator may only allow one child at a time to use the bathroom independently.

(b) Whenever more than one educator is providing care:

1. the Licensee must establish a written schedule listing all persons on duty, including volunteers. The schedule must show compliance with at least the minimum educator ratios at all times, including during breaks and planning time;

2. the Licensee must keep the schedule current and posted in an area easily visible to educators, parents and visitors.

(c) Notwithstanding the staff: child ratios provided at 606 CMR 7.10(4), there must always be a second adult trained in the program's health care and emergency procedures immediately available in case of an emergency.

(9)Additional Provisions for Large Group and School Age Child Care.

(a)Group Assignment of Children.

1. All group assignments must be developmentally appropriate for the individual child.

2. The group size must be appropriate for the activities planned and for the characteristics of children assigned to the group.

3. Each child must be assigned to a consistent group with consistent staffing.

4. Notwithstanding the definitions of infant, toddler, preschool or school age child, children may be assigned to fixed age groups outside their chronologically defined age group based on a review of the child's most recent progress report or a narrative from the child's parent addressing the child's abilities in the areas of mobility, fine and gross motor control, communication, social interactions and cognition.

5. Whenever a child is considered for assignment in a fixed age group outside his chronologically defined age group, the licensee must:

a. consult with the child's parents, seek input into the group assignment decision, and obtain the parent's approval;

b. consider and document:

i. the specific reasons why the alternative group assignment is proposed;

ii. the child's ability to effectively participate in the proposed group's activities; and

iii. the ability of the group to accommodate the child's needs and behaviors;

c. ensure that the ages of children within the proposed group are not so divergent as to inhibit the child's growth and development;

d. ensure that a child is assigned to the next younger or next older chronologically defined age group;

e. document:

i. a monthly review of the child's adjustment to the group until the child reaches the minimum chronologically defined age of the group, if the child is younger than the defined age; or

ii. a monthly review of the child's skill development and a transition plan showing how and when the child will be moved to a group consistent with the child's chronological age, if the child is older than the defined maximum age of the group.

6. No more than two children outside the chronologically defined age range may be assigned to a fixed age group.

(b)Fixed Age Groups. Children may be assigned to groups with others within their same age range, as specified by the Department provided the requirements of 606 CMR 7.10(9)(b)1. through 6. are met. The fixed age group ratios and groupings below may be used by large group and school age child care programs.

Regulation Number	Age Group/Full or Half Day Program	Maximum Group Size	Educator/Child Ratio	Educator Qualifications
606 CMR 7.10(9)(b)1.	Infants (up to 15 months old) (Full or Half Day)	7	1: 3, one additional educator for four - seven infants	At least one Infant/Toddler Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(b)2.	Toddlers (15 to 33 months) (Full or Half Day)	9	1:4, one additional educator for five - nine toddlers	At least one Infant/Toddler Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(b)3.	Preschoolers 33 months to school age (Full Day)	20	1:10	At least one Preschool Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9) (b	Preschoolers 33 months to school age (Half Day)	24	1:12	At least one Preschool Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(b)5.	Kindergarten (attending first grade the following year)	30	1:15	At least one Preschool Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(b)6.	School Age	26	1:13	At least one Group Leader, per 606 CMR 7.09(19)(a)2.

(c)Mixed Age Groups. The mixed age group ratios and groupings may be used:

Regulation Number	Age Group	Maximum Group Size	Educator / Child Ratio	Educator Qualifications
606 CMR 7.10(9)(c)1.	Infant / Toddler Group	9; no more than three infants	1:3; one additional educator for four - nine children	At least one Infant/ Toddler Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(c)2.	Toddler / Preschool Group	9	1:5; one additional educator for six - nine children	At least one Infant/Toddler and Preschool Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(c)3.	Preschool / School Age Group	20; maximum age is eight	1:10	At least one Preschool Teacher, per 606 CMR 7.09(18)(c)2.
606 CMR 7.10(9)(c)4.	Kindergarten / School Age Group	26	1:13	Group Leader, per 606 CMR 7.09(19)(a)2.

606 CMR 7.10

Amended by Mass Register Issue 1452, eff. 9/1/2021.

Amended by Mass Register Issue 1459, eff. 9/1/2021.