Mont. Admin. R. 37.96.106

Current through Register Vol. 10, May 24, 2024

Rule 37.96.106 - CHILD-TO-STAFF RATIOS, STAFF NUMBERS, AND SUPERVISION

(1) A licensed or registered child care facility may not provide care for more than the number of children permitted by its license or registration at any one time.

(2) Child care centers and licensed drop-in child care facilities must meet the following requirements:

(a) The child-to-staff ratio and maximum group size are:

(i) 4:1 for children newborn through 11 months old with a maximum group size of 12;

(ii) 6:1 for children 12 months through 23 months with a maximum group size of 12;

(iii) 8:1 for children two years old with a maximum group size of 16;

(iv) 10:1 for children three years through five years old with a maximum group size of 20; and

(v) 20:1 for children six years old and over with a maximum group size of 40.

(b) When children of different ages are mixed, the child-to-staff ratio and group size for the youngest child in the group must be maintained.

(c) Only the director, site directors, lead teachers, teachers, substitutes, and trainees may be counted as staff when determining the child-to-staff ratio.

(d) Group sizes must be maintained except for mealtimes, outdoor play, rest periods, or during large group activities, such as educational assemblies.

(3) At nap time in licensed child care centers, the child-to-staff ratio may be doubled for children two years and over when the following conditions are met:

(a) at least half the children are sleeping;

(b) another staff member is onsite in the center and is immediately available;

(c) the maximum group size and room capacity are not exceeded; and

(d) the staff member responsible for direct supervision of the napping children is not a trainee.

(4) Licensed school-age care providers must have a maximum child-to-staff ratio of 20:1 for children five years old and over with a maximum group size of 40.

(a) Group sizes must be maintained except for mealtimes, outdoor play, rest periods, or during large group activities, such as educational assemblies.

(b) School-age care providers may exceed the group size limitation during transportation.

(5) Family and group child care facilities must meet the following staffing requirements:

(a) Family and group child care facilities serving mixed age groups may use an 8:1 child-to-staff ratio, with no more than three children under two years old.

(i) Any time there are more than three children under two years old in a program serving mixed age groups, there must be at least two staff members present with the group of children.

(b) Family and group child care facilities serving solely children under two years old must use a 4:1 child-to-staff ratio.

(c) There must be sufficient staff so that an adult is always present and supervising all children.

(6) Overlap care may be approved by the department for family child care and group child care facilities in situations, such as before and after school, when the number of children in care over three years old exceeds the licensed capacity for a short period of time. Overlap care must meet the following requirements:

(a) Overlap care for children under three years old is not permitted.

(b) Overlap care must not exceed three hours total in any day.

(c) Group child care facilities may care for up to four additional children during the approved overlap time.

(d) Family child care facilities may care for up to two additional children during the approved overlap time.

(e) Child care facilities providing two shifts of 12-hour care may be granted three hours of overlap care for each 12 hours of continuous care.

(f) During approved overlap care times, family and group child care facilities may use a 10:1 child-to-staff ratio.

(g) Facilities wanting to provide overlap care must submit a written plan to CCL which includes the specific hours in which the overlap will occur, proof of insurance to care for the total number of children, and documentation of square footage sufficient to care for the total number of children.

(h) A facility must not provide overlap care until it has received written approval of this plan from CCL.

(7) Children must be supervised at all times.

(8) Staff providing direct care must be responsible for protection, supervision, and guidance of children through active involvement or direct observation.

Mont. Admin. R. 37.96.106

NEW, 2024 MAR p. 738, Eff. 4/13/2024

AUTH: 52-2-704, 52-2-731, 52-2-735, MCA; IMP: 52-2-703, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 52-2-735, MCA