Rule 37.96.415 - SLEEPING(1) In all licensed and registered child care facilities, except those used by school-age care programs, there must be adequate opportunities for sleep periods during the day in a safe sleep environment suited to individual needs.(2) In all licensed and registered child care facilities, except school-age care programs, each child must have age-appropriate rest equipment and supervision that create a safe sleep environment, meaning:(a) for infants: (i) each infant must be provided with a firm sleep surface;(ii) if an infant sleeps in a crib, a firm mattress must be covered by a tight-fitting sheet. Mattresses must fit snugly to prevent the infant from being caught between the mattress and crib siderail;(iii) unless the parents/guardians have provided medical documentation from a health care provider ordering otherwise, infants must be placed on their back and on a firm surface with no incline while sleeping;(iv) no items are allowed in the crib when an infant is laid down for sleep except for a pacifier that does not include a string;(v) sleep sacks and similar safe sleep clothing may be used if the item does not restrict the infant's arms;(vi) infants under three months old may only be swaddled with written parent/guardian permission on file with the program;(vii) infants over three months old or able to roll over must not be swaddled; and(viii) when cribs are used, infants must be continuously supervised through sight or hearing, including proper use of audio or video monitors.(A) In a licensed child care center, a staff member who is not a trainee must remain with children while they are sleeping;(b) for toddlers 12 through 36 months old: (i) children 12 to 18 months old who are placed on a cot or mat must have a signed permission statement in the file indicating that parents/guardians have given permission for their child to be placed on a cot or mat;(ii) toddlers may be provided a clean washable blanket or other suitable covering for their use while sleeping; and(iii) when cots and mats are used, toddlers must be continuously supervised through sight or hearing, including proper use of audio or video monitors.(A) In a licensed child care center, a staff member who is not a trainee must remain with children while they are sleeping.(3) All cries of children during sleep times must be investigated.(4) Any facility providing night care must have a supervision plan which involves practices where no child is left unattended. Staff must be in the immediate vicinity and on the same floor level of sleeping children to adequately hear and respond to the children if they wake up and to respond to any emergency. (5) Children of any age must not be allowed to sleep in a car seat, infant swing, bouncy seat, or other infant apparatus.(6) Sleeping equipment must be thoroughly cleansed before assignment to another child.(7) Crib mattresses must be waterproof and easily sanitized.(8) Cot or mat surfaces may be of plastic or canvas or other material which can be cleaned with detergent solution and allowed to air dry.(9) Each child's bedding must be stored separately.(10) Cribs must be made of durable, cleanable, nontoxic material, and have secure latching devices.(11) All cribs must meet the requirements as specified by the U.S. Consumer Product Safety Commission.(12) Cribs, cots, or mats must be spaced to allow for easy access to each infant and toddler, adequate ventilation, and easy exit.(13) The use of stackable cribs for infants is permitted until the infants reach one year old or weigh 26 pounds, whichever comes first.(14) Licensed child care providers and registered group and family child care providers must develop a policy that describes the practices to be used to promote a safe sleeping environment when children are sleeping.Mont. Admin. R. 37.96.415
NEW, 2024 MAR p. 738, Eff. 4/13/2024AUTH: 52-2-704, 52-2-731, 52-2-735, MCA; IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-724, 52-2-731, 52-2-734, 52-2-735, MCA