Rule-making Standards and Procedures

7.702.55 Required Staff and Supervision [Rev. eff. 5/1/10]

A. Staff-Child Ratios

1. At any time when 9 or more children are present at the center, at least 2 adult staff members must be on duty. When 8 or fewer children are present, there must be at least 1 adult staff member working with the children and a second adult on call and immediately available. FOR FULL DAY PROGRAMS, DURING TIMES OF LOW ENROLLMENT AND/OR DURING THE FIRST (1^ST) AND LAST HOUR OF THE DAY, WHEN ONLY EIGHT (8) OR FEWER CHILDREN ARE PRESENT IN THE FACILITY, THERE MUST BE AT LEAST ONE (1) EARLY CHILDHOOD TEACHER OR ASSISTANT EARLY CHILDHOOD TEACHER WORKING WITH THE CHILDREN AND A SECOND STAFF MEMBER IMMEDIATELY AVAILABLE. THERE MUST BE NO MORE THAN TWO (2) CHILDREN UNDER THE AGE OF TWO (2) PRESENT.

2. The director or director substitute of the center must be present at the center at least 60 percent of any day that the center is open.

3. The director or substitute director of an extended hour drop-in child care center operating at least six days per week must be present at the center or involved in director activities at least fifty percent (50%) of the hours of operation of any day the center is in operation.

a. If the director is not on site at the center for a portion of any day the center is in operation, the director must be available by phone.

b. The director must be present in the center at least 30 hours each week.

4. There must be assigned at least a ONE (1) qualified group leader EARLY CHILDHOOD TEACHER SUPERVISING for each group of children UNLESS OTHERWISE SPECIFIED IN RULES. A DIRECTOR MAY BE THE ASSIGNED TEACHER FOR ONE GROUP OF CHILDREN.

5. PART DAY PROGRAMS MUST HAVE AN EARLY CHILDHOOD TEACHER SUPERVISE EACH GROUP OF CHILDREN AT ALL TIMES. FULL DAY PROGRAMS MAY HAVE ASSISTANT EARLY CHILDHOOD TEACHERS SUPERVISE PRESCHOOL AGE AND OLDER CHILDREN DURING THE FOLLOWING PERIODS OF OPERATION:

1. 
   OPENING HOURS: AN ASSISTANT EARLY CHILDHOOD TEACHER MAY BE ALONE WITH CHILDREN FOR THE FIRST TWO (2) HOURS OF A CENTER’S DAILY OPERATING HOURS.
   

2. 
   NAP TIME: AN ASSISTANT EARLY CHILDHOOD TEACHER MAY BE ALONE WITH CHILDREN FOR UP TO ONE (1) HOUR DURING NAP-TIME.
   

3. 
   CLOSING HOURS: AN ASSISTANT EARLY CHILDHOOD TEACHER MAY BE ALONE WITH CHILDREN FOR UP TO THE TWO (2) HOURS PRIOR TO THE CLOSING TIME OF A CENTER’S DAILY OPERATIONS.
   

4. 
   TAKING CHILDREN TO THE RESTROOM/DIAPERING.
   

6. AT LEAST ONE (1) STAFF MEMBER WITH CURRENT DEPARTMENT APPROVED MEDICATION ADMINISTRATION TRAINING AND DELEGATION MUST BE ON DUTY AT ALL TIMES.

7. NAP TIME RATIO MAY BE DOUBLED FOR CHILDREN TWO AND ONE HALF (2 ½) YEARS OLD AND OLDER IN PRESCHOOL CLASSROOMS WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET:

1. 
   AT LEAST HALF OF THE CHILDREN ARE SLEEPING.
   

2. 
   ANOTHER STAFF MEMBER IS ONSITE IN THE CENTER AND IMMEDIATELY AVAILABLE.
   

3. 
   MAXIMUM GROUP SIZE AND ROOM CAPACITY ARE NOT EXCEEDED.
   

4. 
   STAFF MEMBER SUPERVISING CHILDREN IS QUALIFIED AS AN EARLY CHILDHOOD TEACHER OR ASSISTANT EARLY CHILDHOOD TEACHER.
   

58. In determining staff-child ratios, only staff members who work directly with children are counted.

69. Formal kindergarten class sessions must have 1 staff member for each 25 or fewer children in attendance. At other parts of the day when children are in attendance, the ratio must be 1 staff member to each 15 or fewer children.

710. Children of the director or of staff members who attend the center and other children on the premises for supervision and care must be counted against the licensed capacity in the appropriate age groups.

811. In determining staff-child ratios, children who are in attendance for only part of the day are counted only while at the center.

912. Staff-Child Ratios

AGES OF CHILDREN	NUMBER OF STAFF
6 weeks to 18 months (infants)	1 staff member to 5 infants
12 months to 36 months	1 staff member to 5 toddlers
24 months to 36 months	1 staff member to 7 toddlers
2 1/2 years to 3 years	1 staff member to 8 children
3 years to 4 years	1 staff member to 10 children
4 years to 5 years	1 staff member to 12 children
5 years and older	1 staff member to 15 children
Mixed age group 2 1/2 years to 6 years	1 staff member to 10 children

a. In other preschool age combinations, the staff ratio for the youngest child must be utilized if more than 20% of the group is composed of younger children. THIS DOES NOT APPLY TO INFANTS AND TODDLERS. THE RATIO FOR TODDLER GROUPS IS BASED ON THE YOUNGEST CHILD IN THE GROUP.

b. Drop-in child care centers may follow a ratio of one (1) adult for every eight (8) children for children in a mixed age group of 2 years of age to 12 years. 1-2 children 1 year of age to 2 years of age may join the preschool age group of children for short periods of time for structured activities as long as the 1 year old children are safely confined in a toddler seat or high chair.

1013. Maximum Group Size for Children

AGES OF CHILDREN	MAXIMUM GROUP SIZE
6 weeks to 18 months	10 infants
12 months to 36 months	10 toddlers
24 months to 36 months	14 toddlers
2 1/2 years to 3 years	16 children
3 years to 4 years	20 children
4 years to 5 years	24 children
5 years and older	30 children
Mixed age group 2 1/2 to 6 years of age	20 children

a. In other preschool age combinations, the maximum group size for the youngest child must be utilized if more than TWENTY PERCENT (20%) of the group is composed of younger children. THIS DOES NOT APPLY TO INFANTS AND TODDLERS. THE GROUP SIZE FOR TODDLER GROUPS IS BASED ON THE YOUNGEST CHILD IN THE GROUP.

b. Preschool age and school-age groups of children must be separated into age-DEVELOPMENTALLY appropriate activities. Groups are not required to be separated from each other by permanent or portable dividers or walls.

c. GROUP SIZE FOR CHILDREN IN PRESCHOOL AND SCHOOL AGE CLASSROOMS MAY BE EXCEEDED FOR CIRCLE TIME, MEAL AND SNACK TIME, SPECIAL OCCASIONS AND ACTIVITIES. THE ROOM CAPACITY MUST NOT BE EXCEEDED.

d. Toddler-age groups of children must be separated from each other by permanent or portable dividers or other methods as approved by the Department.

e. WHEN COMBINING AGE GROUPS, NOT INCLUDING INDIVIDUAL CHILD TRANSITIONS, CHILDREN MUST BE CARED FOR IN THE ROOM LICENSED FOR THE YOUNGEST CHILD IN CARE, INCLUDING THE OUTDOOR PLAY AREA.

B. Service/Housekeeping Personnel

1. Service personnel must be available for housekeeping and food preparation as needed for adequate operation and maintenance of the center.

2. Assignment of housekeeping and maintenance duties to child care staff must not interfere with their supervisory responsibilities and child care duties.

C. CHILD CARE Health Consultant

1. Staff must consult with a currently Colorado licensed registered nurse with knowledge and experience in maternal and child health, a pediatric nurse practitioner or a family nurse practitioner, or a pediatrician at least once a month at the child care facility. The monthly consultation must be specific to the needs of the facility and include some of the following topics: training, delegation and supervision of medication administration and special health procedures, health care, hygiene, disease prevention, equipment safety, nutrition, interaction between children and adult caregivers, and normal growth and development. In part day preschools that operate less than four (4) FIVE (5) hours per day or drop-in child care centers, consultation must occur as often as the nurse delegating medications requires.

2. The date and content of each consultation must be recorded and maintained in the center's files.

3. THE CENTER MUST MAINTAIN DOCUMENTATION INCLUDING THE CHILD CARE HEALTH CONSULTANT’S (CCHC) DEPARTMENT OF REGULATORY AGENCIES (DORA) PROOF OF RN OR MD CURRENT LICENSURE IN GOOD STANDING, A BRIEF BIOGRAPHY HIGHLIGHTING APPLICABLE KNOWLEDGE, EXPERIENCE AND APPROXIMATE DATES WORKED AS A SCHOOL NURSE OR CHILD CARE HEALTH CONSULTANT COMMENCED.

4. CHILD CARE HEALTH CONSULTANTS (CCHC) HIRED AFTER FEBRUARY 1, 2016, MUST COMPLETE THE DEPARTMENT APPROVED CHILD CARE HEALTH CONSULTANT TRAINING (CCHC) WITHIN SIX (6) MONTHS. THE CENTER MUST OBTAIN AND MAINTAIN PROOF OF COURSE COMPLETION.

5. CHILD CARE HEALTH CONSULTANTS (CCHC) EMPLOYED AS A HEALTH CONSULTANT PRIOR TO FEBRUARY 1, 2016 MUST COMPLETE THE DEPARTMENT APPROVED CHILD CARE HEALTH CONSULTANT (CCHC) TRAINING BY AUGUST 1, 2016. THE CENTER MUST OBTAIN AND MAINTAIN PROOF OF COURSE COMPLETION.

6. ALL CHILD CARE HEALTH CONSULTANTS (CCHC) MUST COMPLETE THE DEPARTMENT APPROVED COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CDPHE) IMMUNIZATION COURSE ANNUALLY.

D. Substitutes

1. Qualified staff must be available to substitute for regularly assigned staff that WHO are sick, on vacation, or otherwise unable to be on duty.

2. In the absence of the director of a small center, an individual who meets director qualifications for a small center must substitute for the director.

3. If the director of a large center cannot be present sixty percent (60%) of any day, a center staff member or other individual who meets director qualifications as listed at Section 7.702.52 for a large center must substitute for the director.

4. When there is a director vacancy, a director-qualified substitute must be present at the center at least sixty percent (60%) percent of any day the center is open until a new director is appointed.

5. FOR EXTENDED DIRECTOR ABSENCES (MORE THAN TWO (2) WEEKS AND UP TO TWELVE (12) WEEKS PER CALENDAR YEAR) A STAFF MEMBER WITH FIFTY PERCENT (50%) OF THE DIRECTOR QUALIFICATION REQUIREMENTS COMPLETED IN EDUCATION AND EXPERIENCE MAY SUBSTITUTE FOR THE DIRECTOR. DATES MUST BE DOCUMENTED AND ON FILE FOR REVIEW. A FULLY QUALIFIED SUBSTITUTE DIRECTOR MEETING QUALIFICATIONS IN SECTION 7.702.52 IS REQUIRED FOR ANY ABSENCE EXCEEDING TWELVE (12) WEEKS.

56. Substitutes for directors of part-day public school preschools may be from the sponsoring school system's list of approved substitutes. Substitutes who do not meet director qualifications must consult with a qualified director on administering the center in accordance with early childhood principles and practices and licensing rules.

7.702.56 Infant Nursery PROGRAM Staff [Rev. eff. 5/1/10]

A. Staff Requirements

1. If a center operates solely as an infant nursery PROGRAM, there must be a director who meets the qualifications for a director of either a small center or a large center (Sections 7.702.52 and 7.702.53), depending upon the number of children for which the infant center is licensed.

2. The infant nursery PROGRAM must have an infant nursery PROGRAM supervisor who has verified training and experience in one of the following:

a. A registered nurse, licensed to practice in Colorado, with a minimum of 6 months of experience in the care of infants.

b. A licensed practical nurse, licensed to practice in Colorado, with twelve (12) months of experience in the care of infants.

c. An adult who holds a certificate in infant and toddler care from an REGIONALLY accredited college or university with completion of a minimum of 30 semester hours in the development and care of infants and toddlers in a group setting.

d. An adult who is currently certified as a Child Development Associate (CDA) or Certified Child Care Professional (CCP) and has completed the Department approved expanding quality in infant and toddler development course of training by May 31, 2012.

E. A CURRENT EARLY CHILDHOOD PROFESSIONAL CREDENTIAL LEVEL IIl VERSION 2.0 AS DETERMINED BY THE COLORADO DEPARTMENT OF EDUCATION, COMPLETION ONE (1) THREE (3) SEMESTER CREDIT HOUR CLASS IN INFANT/TODDLER DEVELOPMENT OR THE DEPARTMENT APPROVED EXPANDING QUALITY IN INFANT AND TODDLER DEVELOPMENT AND ONE (1) YEAR EXPERIENCE WORKING WITH INFANTS AND/OR TODDLERS.

ef. An adult who:

1) Is at least NINTEEN (19) years of age, and,

2) Is qualified as an early childhood teacher (Section 7.702.54.A), and,

3). Has a minimum of TWELVE (12) months of verifiable full-day experience in the group care of infants or toddlers; and,

4). Has completed at least two (2) THREE (3)-semester hour college courses from a regionally accredited college or university on the development and care of infants and toddlers in a group setting, one (1) of which must be infant/toddler development or the Department approved expanding quality in infant and toddler development course of training by May 31, 2012.

fG. An adult who:

1). Is at least 19 years of age; and,

2). Is qualified as an early childhood teacher (Section 7.702.54.A); and,

3). Has at least two (2) years of verifiable full-day experience in the group care of infants or toddlers; and,

4). Will complete within the first 6 months of employment two (2) three-semester hour college courses from a regionally accredited college or university with one of the courses being infant/toddler development or the Department approved expanding quality in infant and toddler development by May 31, 2012.

3. An infant nursery PROGRAM early childhood teacher must have completed eight (8) hours of orientation in the infant nursery PROGRAM from the infant nursery PROGRAM supervisor including, but not limited to, the following topics:

a. Toys and equipment, appropriate activities for infants and toddlers, appropriate sleep positions for infants and toddlers, the safe and appropriate diaper change technique; and,

b. At least SIX (6) months of experience in the care of infants or toddlers; and,

c. Meet qualifications for an early childhood teacher found at Section 7.702.54.A, or be qualified as an infant nursery PROGRAM supervisor.

4. The infant nursery PROGRAM staff aide must be at least eighteen (18) years old, must have completed eight (8) hours of orientation as listed above, at the infant nursery PROGRAM and must work under the direct supervision of an infant early childhood teacher.

5. There must be at least one (1) staff member on duty in each infant room at all times who holds a current Department-approved First Aid and Safety certificate that includes CPR for all ages of children.

B. Required Staff and Supervision

(See chart in Section 7.702.55)

1. In the infant nursery PROGRAM there must be a qualified infant nursery PROGRAM supervisor present 60 percent of the hours of operation of the infant nursery PROGRAM who is responsible for the care of the infants. An individual qualified as an infant nursery group leader EARLY CHILDHOOD TEACHER must be responsible during the remaining time.

2. The infant nursery PROGRAM supervisor or an infant nursery group leader EARLY CHILDHOOD TEACHER must be assigned to each group of 10 or fewer infants in attendance. An infant nursery PROGRAM staff aide may be assigned to assist the infant nursery PROGRAM supervisor or group leader EARLY CHILDHOOD TEACHER when 6 through 10 infants are in care in the group to maintain the staff ratio of 1 adult for each 5 infants.

3. There must be assigned at least ONE (1) infant nursery PROGRAM supervisor in the infant nursery PROGRAM for each 20 or fewer infants in attendance.

7.702.57 Toddler Nursery PROGRAM Staff

A. Staff Requirements

1 A. If a center operates solely as a toddler nursery PROGRAM, there must be a director who meets the qualifications for a director of either a large center or a small center (7.702.52 and 7.702.53), depending upon the number of children for which the toddler center is licensed.

2 B. The toddler group leader EARLY CHILDHOOD TEACHER, a staff member assigned responsibility for a single group and working under the supervision of the director, must meet at least one of the following qualifications:

a 1. A registered nurse, licensed to practice in Colorado, with a minimum of 6 months of experience in the care of infants and/or toddlers.

b 2. An adult who holds a certificate in infant and toddler care from an REGIONALLY accredited college or university with completion of at least 30 semester hours or equivalent in such courses as child growth and development, nutrition, and care practices with children birth to 3 years old.

c 3. An adult who is certified as a Child Development Associate (CDA) or Certified Child Care Professional (CCP) or holds another Department-approved certificate.

d 4. A licensed practical nurse with at least 12 months of verifiable experience in the care of children less than 3 years old.

e 5. An adult who meets the education and experience requirements for group leader EARLY CHILDHOOD TEACHER of a large center (Section 7.702.54.A).

6. A CURRENT EARLY CHILDHOOD PROFESSIONAL CREDENTIAL LEVEL II VERSION 1.0 OR 2.0 AS DETERMINED BY THE COLORADO DEPARTMENT OF EDUCATION.

3 C. Staff aides must be at least 16 years of age, must work directly under the supervision of the director or a toddler group leader EARLY CHILDHOOD TEACHER, and must have completed 8 hours of orientation at the toddler nursery PROGRAM.

4 D. For every FIFTEEN (15) or fewer toddlers, there must be at least 1 ONE staff member in the toddler nursery PROGRAM at all times who has a current Department-approved First Aid and safety certificate that includes CPR for all ages of children.

B. Staff-Child Ratio & Group Size

(See chart in Section 7.702.55)

One qualified toddler group leader EARLY CHILDHOOD TEACHER must be assigned to each group at all times, and additional staff must be assigned to meet the required staff-child ratio.

7.702.58 Infant and Toddler Nurseries PROGRAMS Affiliated with Public School Teen Parent Programs

A. Infant nursery programs affiliated with teen parent programs that are operated by accredited public school systems and on school premises may substitute the following age requirements for those at Section 7.702.2, B, 3.

1. The minimum age of infants in care is 7 days.

2. Infants between the ages of 7 and 14 days may be accepted for care only with written approval from a health care professional and if there are no medical complications for the infant and/or teen mother.

3. Infants 14 days of age and over may be accepted for care if there are no medical complications for the infant and/or teen mother.

4. The maximum age of infants in care may be extended only in those situations where no teen parent program toddler nursery PROGRAM exists. In this circumstance, an infant may remain in the infant nursery PROGRAM until the end of the school semester in which the infant becomes 18 months old.

B. Infant and toddler nursery programs affiliated with teen parent programs that are operated by accredited public school systems on school premises may substitute the following staff requirements for those at 7.702.56 and 7.702.57:

1. Director qualifications may be met by a certified teacher with a major in home economics education or a vocationally credentialed teacher in consumer and homemaking or early childhood occupations. The director must complete at least 3 semester hours in administration of a child care center.

2. The director must be present in the nursery INFANT PROGRAM CLASSROOM or adjacent teen parent classroom at least 60 percent of any day the center is open.

3. If the director cannot be present 60 percent of any day, an individual who meets director qualifications must substitute for the director.

4. Infant staff aides must be at least 15 years of age and may be parents-to-be, parents of enrolled infants, or students enrolled in a child care related course with the sponsoring school system.

5. Substitutes for nursery INFANT PROGRAM staff must be from the sponsoring school system's list of approved substitute nursery staff members. Substitutes who do not meet minimum staff qualifications can work in the nursery no more than 10 consecutive days per assignment.

6. Substitutes for nursery INFANT PROGRAM staff must hold a current department-approved first aid and safety certificate that includes CPR for all ages of children.

7.702.6 CHILD CARE SERVICES

7.702.61 Admission Procedure

A. The center can MUST accept AND CARE ONLY FOR children only of the ages for which it has been licensed. At no time can SHALL the number of children in attendance exceed the number for which the center has been licensed. Rev. eff. 11/1/01

B. Admission procedures must be completed prior to the child's attendance at the center and must include:

1. A pre-admission interview with the child's parent(s) or guardian(s) to determine whether the services offered by the center will meet the needs of the child and the parent(s) or guardian(s).

2. Explanation of the center's policies and procedures. Parents' signatures must be secured, indicating that they have read and agree to the center's policies and procedures.

3. Completion of the registration information required for inclusion in the child's record as required in Section 7.702.101.

4. IF APPLICABLE, A HEALTH CARE PLAN AUTHORIZED BY THE CHILD’S HEALTH CARE PROVIDER AND PARENT(S)/GUARDIAN(S) DEFINING THE INTERVENTIONS NEEDED TO CARE FOR A CHILD WHO HAS AN IDENTIFIED HEALTH OR DEVELOPMENTAL CONDITION OR CONCERN INCLUDING BUT NOT LIMITED TO: SEIZURES, ASTHMA, DIABETES, SEVERE ALLERGIES, HEART OR RESPIRATORY CONDITIONS, AND PHYSICAL OR EMOTIONAL DISABILITIES. THE STAFF WORKING WITH A CHILD WITH A HEALTH CARE PLAN MUST BE INFORMED, TRAINED AND DELEGATED; SUPERVISION OF THE PLAN AND INTERVENTIONS MUST BE DOCUMENTED.

C. Special Needs Children

1. The admission of a childREN with special needs WHO HAVE SPECIAL HEALTH CARE NEEDS, DISABILITIES, OR DEVELOPMENTAL DELAYS WHICH INCLUDES CHILDREN WITH SOCIAL EMOTIONAL AND BEHAVIORAL NEEDS must be in ALIGNMENT WITH THE TRAINING AND ABILITY OF STAFF AND IN compliance with the Americans with Disabilities Act. and a SERVICES OFFERED MUST SHOW THAT A reasonable effort must be IS made to accommodate the child's needs and to integrate the child with other children. (See General Rules for Child Care Facilities, Section 7.701.14)
2. THE CENTER MUST INFORM ITS CHILD CARE HEALTH CONSULTANT (CCHC) PRIOR TO THE FIRST DAY OF CARE OF THE ENROLLMENT OF A CHILD WITH SPECIAL HEALTH CARE NEEDS, IF KNOWN, SO STAFF RECEIVE TRAINING, DELEGATION AND SUPERVISION AS INDICATED BY THE CHILD’S INDIVIDUALIZED HEALTH CARE PLAN.

23. Upon enrollment of FOR a child with special health care needs REQUIRING INTERVENTION AND/OR MEDICATION, the center must obtain WRITTEN INSTRUCTIONS FOR PROVIDING SERVICES from the child's parent or guardian AND THE HEALTH CARE PROVIDER. IF a copy of an existing individualized health care plan IS PROVIDED for the child that can IT MUST be reviewed, adopted, and implemented AND FOLLOWED by the center staff when providing child care services to CARING FOR the child. IF THE CHILD DOES NOT HAVE AN EXISTING INDIVIDUALIZED HEALTH CARE PLAN, THE INDIVIDUALIZED HEALTH CARE PLAN MUST BE OBTAINED BY THE CHILD’S FIRST DAY OF CARE.

4. An THE individualized health care plan MUST BE UPDATED AT LEAST EVERY TWELVE MONTHS FROM THE DATE OF THE INITIAL PLAN AND AS CHANGES OCCUR. THE PLAN shall MUST include the following as ALL INFORMATION needed TO CARE for the child, and must be signed by the health care provider AND MUST INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

a. Medication schedule

b. Nutrition and feeding instructions

c. Medical equipment or adaptive devices, including instructions

d. Medical emergency instructions

e. Toileting and personal hygiene instructions

f. BEHAVIORAL INTERVENTIONS

g. MEDICAL PROCEDURE/INTERVENTION ORDERS

35. For a child with special health care needs, the center must obtain written instructions for providing services from the child's parents or legal guardian and the health care provider. If the child with special health care needs does not have an existing individualized health care plan, the individualized health care plan must be completed within THIRTY (30) calendar days of the child's enrollment.

46. The plan must be updated at least every TWELVE (12) months from the date of the initial plan or as changes occur.

57. The center must inform its child care health consultant as soon as possible of the enrollment of a child with special health care needs so staff can receive training and support as indicated by the child's individualized health care plan.

D. If the parent agrees that the center should care for a child in the infant nursery PROGRAM who is 18 months or older, the center must have on file a written statement from a licensed physician confirming that care for the child is appropriate in this infant nursery PROGRAM.

E. If the parent agrees that the center should care for a child in the toddler nursery PROGRAM who is TWELVE (12) months old but not walking independently, or is over THIRTY-SIX (36) months old, the center must have on file a written statement from a licensed physician confirming that care for the child is appropriate in this toddler nursery PROGRAM.