Section 17-895.1-36 - Staff-child ratio and group size(a) The staff-child ratio and group size shall be met and maintained by the facility during all hours of operation.(b) The staff-child ratio shall be in writing and shall be available to the department.(c) Staff members shall be on site and shall be regularly assigned to a particular group of children to be included in the staff-child ratio.(d) The director may serve as a caregiver, and be included in the staff-child ratio, only when total infant and toddler facility size does not exceed sixteen. The director may serve as a caregiver but shall not be included in the staff-child ratio in an infant and toddler program with more than sixteen children. (1) Exception may be made and the director may be included in the staff-child ratio in cases of emergency or in special situations. This inclusion in the staff-child ratio shall not exceed ten hours per week.(2) Exception may be made and the director of only those facilities which operate full day may be included in the staff-child ratio during the first hour and the last hour of the regular operational day.(e) Custodians, cooks, and bus drivers shall not be counted in the staff-child ratio when performing regular duties.(f) The following staff-child ratios and group size shall be used in infant and toddler programs: Ages of Children | Staff-child ratio | Maximum Group Size Allowed |
| 1:3 | 6 |
6 wk - 12 mo. | 1:4 | 8 |
|
| 1:3 | 6 |
12 mo. - 2 4 mo. | 1:4 | 8 |
| 1:5 | 10 |
| 1:4 | 12 |
|
| 1:5 | 10 |
18 mo. - 36 mo. | 1:6 | 12 |
(g) Group size refers to the specific number of children assigned to specific staff who occupy an individual classroom or well-defined physical space within a larger room; when groups are assigned space within a larger room, there shall be room dividers to ensure that children stay within their assigned group area and to keep the noise level down.(h) The ratios and group sizes in the table above shall apply, as stated, only to homogenous age groups.(i) Multi-age grouping is both permissible and desirable; however, the following requirements and restrictions apply: (1) Children who are between the ages of six weeks to eighteen months can be grouped together; when this occurs, the ratio and group size shall be those required for the youngest child in the group according to the table above; or(2) Children who are between the ages of six months to thirty-six months can be grouped together; when this occurs, the ratio and group size shall be those required for the youngest child in the group according to the table above; or(3) In multi-age groups, the ratio and group size shall not exceed the ratio and group size for that of one age group higher than the youngest child in the group, and two thirds of the children must be in the oldest age group.(j) Under no circumstances shall there be more than two children under three months of age in any group.(k) Children with special needs shall be admitted, provided their needs can be met without jeopardizing the staff-child ratio or the quality of care of the entire group. All reasonable attempts shall be made to meet their needs.Haw. Code R. § 17-895.1-36
[Eff 11/3/2023] (Auth: HRS §346-162) (Imp: HRS §346-162; 42 U.S.C. §§ 2002, 2005)