W. Va. Code R. § 78-21-9

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 78-21-9 - Supervision of Children

9.1. A center shall ensure that:

9.1.a. Staff provide adequate supervision to children at all times;

9.1.b. Staff can account for children at all times through a means to track children as they participate in the program, take independent restroom breaks, as activities change, as transportation occurs and takes action when a child is missing on or off the premises;

9.1.c. Public restrooms are in staff's line of vision if used by children participating in the program; provided, that staff shall accompany children under nine years of age to public restrooms that are adjoined to or located within locker rooms, shower rooms, or other similar type facilities;

9.1.d. At no time is a Pre-K child without adult supervision including restroom breaks;

9.1.e. When children are on the premises, at least one staff member and one other facility staff member are present;

9.1.f. In determining and maintaining the staff-to-child ratio, the center shall not include any staff member who is performing other duties such as maintenance or accounting, except in an emergency situation when staff may be reassigned to supervise the children; and

9.1.g. A student intern that is at least 16 years old and not yet 18 years old may count in the staff-to-child ratio provided the intern is in a field of study related to child care as approved by the Secretary, works under the direct supervision of at least a group leader and acts only in an aide capacity not having final decision-making authority.

9.2. A center shall group children and consider their ages when determining the staff-to-child ratio as follows:

9.2.a. For programs that operate with Pre-K children, the program shall ensure that:

9.2.a.1. A 1-12 staff-to-child ratio is maintained; and

9.2.a.2. Group sizes are limited to 24 for any group that mixes older children with a Pre-K child.

9.2.b. For programs that operate with school age children only, the program shall ensure that:

9.2.b.1. A 1-16 staff-to-child ratio is maintained;

9.2.b.2. The group size is determined by the activity and is limited to facilitate staff/child interaction and safe, constructive participation by children; and

9.2.c. During water activity such as swimming, canoeing, and fishing the staff-to-child ratio is maintained at 1-8 for groups of school-age children and is maintained at 1-4 for any group with a Pre-K child.

9.3. Groups of children must be distinct with staff persons knowing to which group they are assigned.

9.4. Staff-to-child ratio and group size are always maintained based on the age of the youngest child in the group.

9.5. During transportation, the center shall:

9.5.a. Maintain the staff-to-child ratio;

9.5.b. Have a staff member or volunteer accompany the driver when more than six children are being transported and at least one of those children is kindergarten or younger;

9.5.c. Ensure that no child is left unattended on a vehicle;

9.5.d. Have a staff or designated responsible person present outside the vehicle to supervise when children are loading or unloading from a vehicle; and

9.5.e. Immediately upon unloading the last child from a vehicle, or before parking the vehicle, the driver or the designated staff member shall physically search the vehicle to ensure that all children have been unloaded.

W. Va. Code R. § 78-21-9