8 Colo. Code Regs. § 1402-1-2.329

Current through Register Vol. 47, No. 11, June 10, 2024

Section 8 CCR 1402-1-2.329 - SLEEP AND WAKING TIME

A. Children must be allowed to form and observe their own pattern of sleep and waking periods. Provision must be made so that children requiring a nap time have a separate area for their nap away from other children currently playing.

B. Children who are awake must not be confined for more than fifteen (15) minutes at a time to cribs, high chairs (unless they are eating), swings, playpens, or other equipment that inhibit freedom of movement. Confinement must never be used as a form of discipline. Children must have an opportunity each day for freedom of gross motor movement.

C. Each preschool-age child remaining in the family child care home for longer than five (5) hours must be provided a rest period. A rest period and rest equipment must also be provided for older children who require a rest time.

D. Rest or sleep periods must be scheduled appropriately for the age and development of the child(ren) and not forced. Children who do not sleep after thirty (30) minutes must be provided with developmentally appropriate alternative activities. Toddlers who fall asleep must immediately be moved to CPSC compliant sleeping equipment, incorporated by reference in rule section 2.329(H)(1),, unless being held by the primary provider, applicant 2, equally qualified provider, qualified substitute, or staff member while being transported, or on a field trip.

E. Toddlers, preschoolers, and older children, as necessary, must have a suitable mat at least two inches thick, cot, bed, or sofa, with a clean washable sheet and blanket or other suitable covering that has been laundered between uses by different children.

F. During rest/nap time the primary provider, applicant 2, equally qualified provider, qualified substitute, and all staff members must remain alert and supervise all children by sight or sound.

G. The atmosphere should be calm and conducive to rest or sleep. The lighting must be dim at nap time but must be bright enough for supervision of children.

H. Safe Sleep Environments for Infants

1. Each infant up to twelve (12) months of age must be provided with an individual crib or futon approved for infants or other approved sleep/rest equipment meeting Consumer Product Safety Commission (CPSC) standards published by the Consumer Product Safety Commission (CPSC) at 16 CFR section 1218.2 (April 23, 2015); 16 CFR section 1219.2 (October 28, 2019); 16 CFR section 1220.2 (June 3, 2023); 16 CFR section 1221.2 (January 20, 2020); 16 CFR section 1222.2 (August 5, 2023); 16 C.F.R. section 1236.2 (June 23, 2022), and 16 C.F.R 1241.2 (February 15, 2022) herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the CPSC at https://www.ecfr.gov. These regulations are also available for public inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash St., Denver, CO 80246, during regular business hours. Approved sleep equipment must provide each infant with sufficient space for the infant's length, size, and movement.

a. Other sleep equipment not manufactured for commercial use is prohibited.

2. Soft bedding or materials that could pose a suffocation hazard are not permitted in cribs, futons approved for infants, or other sleep/rest equipment that meets the CPSC standards incorporated by referenced in rule 2.329(A).

Soft bedding means, but is not limited to; any soft sleep surface like bumper pads, pillows, blankets, quilts, comforters, sleep positioning devices, sheepskins, blankets, flat sheets, cloth diapers, bibs, plush toys, pacifiers with stuffed animals attached, and stuffed animals.

a. Mattresses for cribs and futons must have a properly fitted, clean sheet.

3. Infants must be placed on their back for sleeping. Infants who by their own ability roll onto their stomach do not need to be returned to their back.

4. Alternative sleep positions for infants must only be allowed with a health care plan completed and signed by the child's physician.

5. Swaddling of infants must only be allowed with a health care plan completed and signed by the child's physician.

6. Each infant up to twelve (12) months of age who uses a pacifier must have the pacifier offered when being put down to sleep, unless the parent directs otherwise.

7. All sleep/rest equipment must be safe, sturdy, and free from hazards including, but not limited to: broken or loose slats, torn mattress, chipping paint, and loose screws.

8. Approved sleeping mattresses meeting Consumer Product Safety Commission (CPSC) standards incorporated by referenced in rule section 2.329(A). must be firm and must fit snugly ensuring no more than two adult fingers are able to be inserted between the mattress and the side of the CPSC compliant sleeping equipment, incorporated by reference in rule section 2.329(A).

9. Toys, including mobiles and other types of play equipment that are designed to be attached to any part of sleeping equipment must be kept away from sleeping infants and out of sleep environments, including hanging toys. Blankets and other items must not be hung from or draped over the sides or any part of sleeping equipment.

10. Drop side and stacking cribs are prohibited.

11. Infant sound monitors must be used when infants are sleeping in a separate room out of the direct supervision of the primary caregiver. When in use, infant sound monitors must meet the following conditions:

a. The sound monitoring equipment must be able to pick up the sounds of all sleeping infants;

b. The receiver of the sound monitoring equipment must be actively monitored by the primary provider or staff member at all times;

c. All sleeping infants must be physically observed at least every ten (10) minutes by the primary provider or a staff member;

d. Sound monitoring equipment must be regularly checked to ensure it is working correctly; and

e. The monitor must be out of reach of children.

12. Infants who fall asleep in a piece of equipment not approved for sleep must immediately be moved to their approved sleep equipment meeting Consumer Product Safety Commission (CPSC) standards, incorporated by reference in rule section 2.329(A), and placed on their back to sleep unless being held by the provider, while being transported, or on a field trip.

13. Cribs must be used for sleeping, not extended play or confinement.

14. If music is played in the infant sleep area, the music must not be played at a loud volume that would prevent infants from being heard by the primary provider, applicant 2, equally qualified provider, or staff member provider. Music equipment must not be placed under a crib or within three (3) feet of the sleeping infant.

15. Supervised tummy time must be offered to infants one (1) month of age or older at least four (4) times per day, for full-day family child care homes. The tummy time must be for short periods of three-five (3-5) minutes, increasing the amount of time as the infant shows they enjoy the activity. If the infant falls asleep during tummy time, immediately place the infant on their back in CPSC compliant sleeping equipment, incorporated by reference in rule section 2.329(A).

16. When the primary provider, applicant 2, equally qualified provider, or staff member places infants in approved sleeping equipment for sleep, they must check to ensure that the temperature in the room is comfortable for a lightly clothed adult, check the infants to ensure that they are comfortably clothed (not overheated or sweaty), and that bibs, necklaces, and garments with ties or hoods are removed.

a. Clothing sacks or other clothing designed for sleep must be worn in lieu of blankets if needed for additional warmth. Sleep sacks or clothing that swaddles the infant, restricts movement of the child's arms or legs, that are too big for the infant, weighted, or not used in the manner the manufacturer intends are prohibited.

17. Infants must not sleep in the same crib or futon as another infant. A child must never sleep with an adult in a bed, on a couch, or in any other setting or manner.

8 CCR 1402-1-2.329

47 CR 04, February 25, 2024, effective 3/16/2024