(1)Director(a) A Center must have a Director who is responsible for the supervision, operation and maintenance of the Center. The Director must be on the Center's premises. If the Director is absent from the Center at any time during the hours of the Center's operation, there shall be an officially designated person on the Center site to assume responsibility for the operation of the Center, and this person shall have full access to all records required to be maintained under these rules.(b) Qualifications of Director. The Director must meet the minimum qualifications listed below. 1. Be at least twenty-one (21) years of age;2. Possess at least one of the following sets of minimum academic requirements and qualifying child care experience: (i) Child Development Associate (CDA) credential issued by the Council for Professional Recognition; Child Development and Related Care diploma from a vocational institute accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; or similar credential where the course of study includes an intensive practicum in child care as part of the curriculum and which is approved by the Department; and six (6) months of qualifying child care experience;(ii) Technical Certificate of Credit (TCC) in Early Childhood Education or Child Development and six (6) months of qualifying child care experience;(iii) Technical Certificate of Credit (TCC) in Infant and Toddler and six (6) months of qualifying child care experience;(iv) Technical Certificate of Credit (TCC) in Program Administration and six (6) months of qualifying child care experience;(v) Technical Certificate of Credit (TCC) in School Age and Youth Care and six (6) months of qualifying child care experience;(vi) Technical College Diploma (TCD) in Early Childhood Education or Child Development and six (6) months of qualifying child care experience;(vii) Forty-hour (40) director training course approved by the Department and has been employed for a minimum of five (5) years as an on-site Child Care Learning Center Director;(viii) Associate's degree in Early Childhood Education or Child Development and six (6) months of qualifying child care experience;(ix) Paraprofessional Certificate issued by the Georgia Professional Standards Commission and six (6) months of qualifying child care experience;(x) Twenty-five (25) quarter hours or fifteen (15) semester hours from an accredited college or university in Early Childhood Education or Child Development and six (6) months of qualifying child care experience;(xi) Bachelor's degree from an accredited college or university in a field other than Early Childhood Education or Child Development and three (3) months of qualifying child care experience;(xii) Bachelor's degree from an accredited college or university in Early Childhood Education or Child Development;(xiii) Master's degree from an accredited college or university in Early Childhood Education or Child Development;3. Participate in the orientation and training required by these rules;4. Must be able to perform adequately the job duties of providing for the care and supervision of the children enrolled in the Center in accordance with these rules;5. Never have been shown by credible evidence, e.g., a court or jury, a department investigation or other reliable evidence to have abused, neglected or deprived a child or adult or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct. The Department may request an oral or written statement to this effect at the time of application or at any other time. Upon said request, the Director or Staff shall provide this statement to the Department;6. Not have made any material false statements concerning qualifications requirements either to the Department or to the proposed or current License Holder, Permit Holder or commission holder, and7. Comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks.(c) Required Records. A copy and/or written verification of the credential or degree awarded to the Director listed in 591-1-1-.31(1)(b)2. (i) through (xiii) shall be maintained by the Center in the Director's file, and such documentation shall be available for inspection and provided to Department staff upon request.(2)Teacher/Lead Caregiver(a) A Center with a licensed capacity of 19 or more children must have a designated teacher/lead caregiver for each group of children.(b) Qualifications of Teacher/Lead Caregiver. The teacher/lead caregiver must meet the minimum qualifications listed below.1. Be at least eighteen (18) years of age;2. Possess at least one of the following sets of minimum academic requirements and qualifying experience at the time of employment: (i) Child Development Associate (CDA) credential issued by the Council for Professional Recognition; Child Development and Related Care diploma from a vocational institute accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; or similar credential where the course of study includes an intensive practicum in child care as part of the curriculum and which is approved by the Department;(ii) Technical Certificate of Credit (TCC) in Early Childhood Education or Child Development;(iii) Technical Certificate of Credit (TCC) in Infant and Toddler;(iv) Technical Certificate of Credit (TCC) in Program Administration;(v) Technical Certificate of Credit (TCC) in School Age and Youth Care;(vi) Technical College Diploma (TCD) in Early Childhood Education or Child Development;(vii) Associate's degree in Early Childhood Education or Child Development (AA, AAS, AAT);(viii) Paraprofessional Certificate issued by the Georgia Professional Standards Commission;(ix) Twenty-five (25) quarter hours or fifteen (15) semester hours from an accredited college or university in Early Childhood Education or Child Development;(x) Bachelor's degree from an accredited college or university in a field other than Early Childhood Education or Child Development and three (3) months of qualifying child care experience;(xi) Bachelor's degree from an accredited college or university in Early Childhood Education or Child Development;(xii) Master's degree from an accredited college or university in Early Childhood Education or Child Development.3. If the newly hired lead teacher does not possess one of the educational and qualifying child care experience requirements listed in 591-1-1-.31(2)(b)2. (i) through (xii), the Center may hire this individual as lead teacher if the following requirements are met: (i) The lead teacher enrolls in a program of study to obtain one of the educational credentials and qualifying experience requirements listed in 591-1-1-.31(2)(b)2. (i) through (xii), within six (6) months after becoming employed at the Center and completes the credential or degree within eighteen (18) months after enrollment;(ii) The Center prepares a written plan outlining the newly hired lead teacher's professional development in obtaining one of the credentials or degrees listed in 591-1-1-.31(2)(b)2. (i) through (xii). Such plan must include the following information: (I) Individual's identifying information (name, address and telephone numbers);(II) Technical college, university or school where enrolled (name, address and telephone number) or Department-approved trainer providing credential course work (name, address and telephone number);(III) Credential or degree individual is seeking;(IV) Content area of credential or degree;(V) Anticipated date for completion of credential or degree;(VI) Names and numbers of courses to be completed during the current year and ongoing updates of the names and numbers of courses to be completed for the following year(s);(VII) Documentation of course work successfully completed throughout process (i.e., completion of quarter, semester or component of course work); and(VIII) A copy of the credential or degree awarded by the technical college, university, school or Department-approved trainer for specified credential upon completion.(iii) This professional development plan must be maintained in the lead teacher's file, and such plan shall be available for inspection and provided to Department staff upon request.4. Participate in the orientation and training required by these rules;5. Must be able to perform adequately the job duties of providing for the care and supervision of the children enrolled in the Center in accordance with these rules;6. Never have been shown by credible evidence, e.g., a court or jury, a department investigation or other reliable evidence to have abused, neglected or deprived a child or adult or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct. The Department may request an oral or written statement to this effect at the time of application or at any other time. Upon said request, the teacher/lead caregiver or Staff shall provide this statement to the Department;7. Not have made any material false statements concerning qualifications requirements either to the Department or to the proposed or current License Holder, Permit Holder or commission holder; and8. Comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks.(c) Required Records. A copy and/or written verification of the credential or degree awarded to the lead teacher listed in 591-1-1-.31(2)(b)2. (i) through (xii) shall be maintained by the Center in the lead teacher's file, and such documentation shall be available for inspection and provided to Department staff upon request.(3) Caregivers/Aides for a Center with Licensed Capacity of Nineteen (19) or More Children(a) A Center with a licensed capacity of nineteen (19) or more children may employ caregivers/aides to assist the teacher/lead caregiver in the care of children in any group within the Center. No caregiver/aide who is 16 or 17 years of age shall be solely responsible for children.(b) Qualifications of Caregivers/Aides for a Center with Licensed Capacity of Nineteen (19) or More Children. 1. Be at least sixteen (16) years of age;2. Participate in the orientation and training required by these rules;3. Must be able to perform adequately the job duties of providing for the care and supervision of the children enrolled in the Center in accordance with these rules;4. Never have been shown by credible evidence, e.g., a court or jury, a department investigation or other reliable evidence to have abused, neglected or deprived a child or adult or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct. The Department may request an oral or written statement to this effect at the time of application or at any other time. Upon said request, the teacher/lead caregiver or Staff shall provide this statement to the Department;5. Not have made any material false statements concerning qualifications requirements either to the Department or to the proposed or current License Holder, Permit Holder or commission holder; and6. Comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks.(4) Caregivers/Aides for a Center with Licensed Capacity of Eighteen (18) or Fewer Children(a) A Center with a licensed capacity of eighteen (18) or fewer children may employ caregivers/aides to assist the Director in the care of children in any group within the Center.(b) Qualifications of Caregivers/Aides for a Center with Licensed Capacity of Eighteen (18) or Fewer Children. 1. Be at least eighteen (18) years of age;2. Participate in the orientation and training required by these rules;3. Must be able to perform adequately the job duties of providing for the care and supervision of the children enrolled in the Center in accordance with these rules;4. Never have been shown by credible evidence, e.g., a court or jury, a department investigation or other reliable evidence to have abused, neglected or deprived a child or adult or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct. The Department may request an oral or written statement to this effect at the time of application or at any other time. Upon said request, the teacher/lead caregiver or Staff shall provide this statement to the Department.5. Not have made any material false statements concerning qualifications requirements either to the Department or to the proposed or current License Holder, Permit Holder or commission holder; 6. Have either a high school diploma or general education diploma (GED) or three (3) months qualifying child care experience as determined by the Department; and7. Comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks.(5) Provisional Employees.The Center may hire Provisional Employees. All Provisional Employees: (a) Must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks;(b) Must be informed of the rules for Child Care Learning Centers and the Center's policies and procedures for the age group for which they will be providing care;(c) Must be informed of the Center's policies and procedures necessary to the proper performance of their job duties in compliance with the rules for Child Care Learning Centers;(d) Must participate in the orientation and training required by these rules;(e) Must be able to perform adequately the job duties of providing for the care and supervision of the children enrolled in the Center in accordance with these rules;(f) Must never have been shown by credible evidence, e.g., a court or jury, a department investigation or other reliable evidence to have abused, neglected or deprived a child or adult or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct. The Department may request an oral or written statement to this effect at the time of application or at any other time. Upon said request, the Provisional Employee shall provide this statement to the Department;(g) Must not have made any material false statements concerning qualifications requirements either to the Department or to the proposed or current License Holder or commission holder;(h) Must be supervised at all times by a Director or Employee with a valid and current satisfactory Comprehensive Records Check Determination; and(i) May be hired as a permanent Employee by the Center only if the individual receives a satisfactory Comprehensive Records Check Determination by the Department and meets all other qualification requirements in these rules.(6) Independent Contractors.A Center may have an independent contractor to offer supplemental educational or physical activities for children in care. (a) Such an independent contractor is considered either an Employee or Provisional Employee of the Center for the purpose of these rules and must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks; and(b) Such an independent contractor is exempted from annual training and first-aid/CPR training requirements.(7) Parents.The Center may have Parents occasionally assist in a classroom, chaperone or accompany a group of children from the Center on a field trip. (a) A Parent that is this type of occasional assistant is not required to obtain a criminal records check determination; however, a staff member who is also a Parent of a child in care at the Center is considered either an Employee or Provisional Employee for purposes of these rules and must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks; and(b) No Parent shall be solely responsible for children other than their own and must be under continuous direct supervision of a Director or Employee with a valid and current satisfactory Comprehensive Records Check Determination while in the presence of children in care other than their own.(8) Volunteers.The Center may have volunteers other than Parents help in a classroom, chaperone or accompany a group of children from the Center on a field trip. (a) Volunteers that provide consistent services are considered either Employees or Provisional Employees for purposes of these rules and must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks;(b) No volunteer shall be solely responsible for children other than their own and must be under continuous direct supervision of a Director or Employee with a valid and current satisfactory Comprehensive Records Check Determination while in the presence of children other than their own; and(c) Such volunteer is exempted from annual training and first-aid/CPR training requirements.(9) Students-in-Training.The Center may have Students-in-Training at the Center. (a) Students-in-Training are considered either Employees or Provisional Employees for purposes of these rules and must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks;(b) No Student-In-Training shall be solely responsible for children other than their own and must be under continuous direct supervision of a Director or Employee with a valid and current satisfactory Comprehensive Records Check Determination while in the presence of children in care other than their own; and(c) Such Students-in-Training are exempted from annual training and first-aid/CPR training requirements.(10) Staff for School-Age Centers. (a) After-school programs serving children ages five (5) years and older (school-age) that routinely operate a maximum of four (4) hours per day, Monday through Friday, whether the School-age Center is the only licensed program at that location or operates a full day Child Care Learning Center, shall comply with the following:(b) A School-age Center must have at least one lead teacher/caregiver who is responsible for: 1. Day-to-day programming and2. Supervision of the assistant caregivers/aides assigned to each classroom or group of School-age Children;(c) If there is only one lead teacher/caregiver and more than one classroom or group of School-age Children, the Director of the School-age Center shall assign an assistant caregiver/aide who is at least 18 years of age to each classroom or group of children;(d) If there is a lead teacher/caregiver assigned to each classroom or group of children, the assistant caregiver/aide may be 16 or 17 years of age; and(e) Staff for School-Age Centers are considered Employees or Provisional Employees for purposes of these rules and must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks.(11) Clerical, Housekeeping, Maintenance and Other Support Staff. The Center shall have qualified and sufficient direct-care, clerical, housekeeping, maintenance and other support staff to ensure full compliance with these rules without neglecting the supervision of the children. (a) Other Staff That May Have Direct Contact With Children in Care. A Center may have additional staff at the Center. Any staff member that has any personal contact with any child in care: 1. Is considered either an Employee or Provisional Employee for purposes of these rules and must comply with the background check requirements as outlined in Rule 591-1-1-.09, Criminal Records and Comprehensive Background Checks; and2. May be exempted from annual training and first-aid/CPR training requirements.(b) Other Staff That Must Not Have Direct Contact With Children in Care. The Center may have individuals at the Center to repair and/or maintain the facility while children are in care that have no personal contact with any child in care. These individuals: 1. Must have no contact with children in care;2. May not be required to obtain a criminal records check determination, unless they have contact with children in care; and3. May be exempted from annual training and first-aid/CPR training requirements.(12) Work Schedules.Staff shall not regularly be scheduled to perform child care duties for more than twelve (12) hours within any twenty-four (24) hour period.(13) Compliance with Applicable Laws and Regulations.Center Staff shall not commit any criminal act, as defined under Georgia law, in the presence of any child enrolled in the Center. Center staff shall comply with all applicable laws and regulations.Ga. Comp. R. & Regs. R. 591-1-1-.31
O.C.G.A. § 20-1A-1et seq., 42 U.S.C. § 9857 et seq.
Original Rule entitled "Staff" adopted. F. Dec. 23, 1997; eff. Mar. 1, 1998, as specified by the Agency.Amended: F. Jan. 12, 2005; eff. Feb. 1, 2005.Amended: F. Apr. 17, 2009; eff. May 7, 2009.Repealed: New Rule of same title adopted. F. Dec. 2, 2009; eff. Dec. 22, 2009.Amended: F. Dec. 13, 2013; eff. Jan. 2, 2014.Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.Amended: F. June 2, 2016; eff. June 22, 2016.Amended: F. Sep. 26, 2016; eff. Oct. 16, 2016.Amended: F. May 26, 2017; eff. June 15, 2017.Amended: F. Aug. 17, 2018; eff. Sept. 6, 2018.Amended: F. Aug. 28, 2019; eff. Sept. 17, 2019.