Rule-making Standards and Procedures

7.702.65 Food and Nutrition

A. Meals & AND Snacks

1. ALL Meals and nutritious snacks must MEET CURRENT USDA CHILD AND ADULT CARE FOOD PROGRAM MEAL PATTERN REQUIREMENTS AND be served OFFERED at suitable intervals. Children who are at the center for more than 4 hours, day or evening, must be offered a meal that meets at least one-third of the child's daily nutritional needs.

2. CENTERS MUST NOT PROVIDE SUGAR SWEETENED BEVERAGES TO CHILDREN. THESE ARE LIQUIDS THAT HAVE BEEN SWEETENED WITH VARIOUS FORMS OF SUGARS THAT ADD CALORIES AND INCLUDE, BUT ARE NOT LIMITED TO: SODA, FRUITADES, FRUIT DRINKS, FLAVORED MILKS, AND SPORTS AND ENERGY DRINKS.

3. IF 100% FRUIT JUICE, WHICH IS NOT A SUGAR SWEETENED BEVERAGE, IS OFFERED AS PART OF MEALS AND/OR SNACKS, IT MUST BE LIMITED TO NO MORE THAN TWICE PER WEEK.

24. The size of servings must be suitable for the child's age and appetite, and sufficient time must be allowed so that meals are unhurried.

35. In centers that do not regularly provide a meal, if a child brings a meal from home that does not appear to meet one-third of the child's daily nutritional needs CURRENT USDA CHILD AND ADULT CARE FOOD PROGRAM MEAL PATTERN REQUIREMENTS, the center must have foods available to supplement that meal.

4 6. Staff members must sit with the children and encourage them to try a variety of food served. During meals, children should be encouraged to engage in conversation and to express their independence.

57. All food prepared by the center must be from sources approved by the local health department or the State Department of Public Health and Environment. All food must be prepared, served, and stored in such a manner as to be clean, wholesome, free from spoilage, and safe for human consumption. Home-canned vegetables, fruits, and meats cannot be served.

68. Meal menus must be planned at least 1 ONE week in advance, dated, and posted in a place visible to parents. After use, menus must be filed and retained for THREE (3) months. Records must be available for periodic review and evaluation.

B. Feeding the Infant

1. An individualized diet and feeding schedule must be provided according to a written plan submitted by the parent or by the child's physician with the knowledge and consent of the parent. A change of diet and schedule must be noted on each child's daily activity schedule and posted in an area clearly visible to the nursery staff.

2. Commercially prepared formula must be mixed according to the manufacturer's direction AND EACH BOTTLE MARKED WITH THE CHILD'S FIRST AND LAST NAME.

3. All infants under SIX (6) months of age must be held for bottle feeding. Bottles must not be propped. Older infants must not be allowed to hold their own bottles when lying flat. Bottles must not be allowed in a crib with the infant.

4. Older infants must be provided with suitable solid foods that encourage freedom in self-feeding and must be fed in safe chairs such as high chairs or baby-feeding tables.

5. When the infant nursery PROGRAM provides food other than formula, food must be varied and include food from cereal, vegetable, fruit, and protein sources. When the center does not provide solid food, it must supply any additional foods and/or monitor the infant's total nutritional intake.

6. There must be a sufficient supply of bottles provided for the entire day; or if nursing bottles are to be reused, they must be washed, rinsed, and sanitized after each use.

7. Bottles of formula or breast milk must never be warmed in a microwave oven.

8. A staff member may not mix cereal with formula and feed it to an infant from a bottle or infant feeder unless there are written instructions from the child’s health care provider.

C. Feeding the Toddler

1. Staff members must either feed toddlers or supervise them when they are eating, and children must be encouraged to try a variety of food served.

2. Toddlers must be sitting when drinking from a bottle. Bottles must not be allowed during nap time after the first 30 days in care.

3. Commercially prepared formula must be mixed according to the manufacturer's direction and each bottle marked with the child's FIRST AND LAST name.

4. There must be a sufficient supply of bottles provided for the entire day; or if nursing bottles are to be reused, they must be washed, rinsed, and sanitized after each use.

7.702.66 Discipline GUIDANCE

A. Children must not be subjected to physical or emotional harm or humiliation.

B. The director must not use, or permit a staff person or child to use, corporal or other harsh punishment, including but not limited to pinching, shaking, spanking, punching, biting, kicking, rough handling, hair pulling, or any humiliating or frightening method of discipline GUIDANCE.

C. Discipline GUIDANCE must not be associated with food, rest, or toileting. No child should be punished for toileting accidents. Food must not be denied to or forced upon a child as a disciplinary measure.

D. Separation, when used as discipline FOR GUIDANCE, must be brief NOT EXCEED FIVE (5) MINUTES and MUST BE appropriate for the child's age. The child must be in a safe, lighted, well-ventilated area and be within sight and hearing of an adult. The child must not be isolated in a locked, closed room or closet.

E. Verbal abuse and derogatory remarks about the child are not permitted.

7.702.67 Overnight Care

A. All of the provisions required in Section 7.702 of these rules for child care centers apply to centers offering overnight care of children (care that extends through a large portion of the night) WHICH INCLUDES CARE THAT EXTENDS BEYOND MIDNIGHT. In addition, centers must observe the following provisions:

B. A nutritious evening meal must be made available to children.

C. Quiet activities must immediately precede the children's bedtime.

D. Children's faces and hands must be washed, and children must be changed into comfortable clothing for sleeping.

E. Each child must be provided with a comfortable separate bed, crib, or cot suitable for the child's age or a TWO (2), inch sleeping mat or mattress. Each child must also be provided with sheets and a clean, washable covering. If mats or mattresses are used, the room temperature at floor level must be 68 to 72 degrees. Pads and mattresses must be fitted with a clean, washable, removable covering. Permission of parents or guardians must be obtained for each child who uses a sleeping mat or mattress placed on the floor.

F. All children must be directly supervised at all times.

G. The staff-child ratio for sleeping children is ONE (1) adult when SIX (6) or fewer children are in attendance and 2 adults when SEVEN TO TWELVE (7 to 12) children are in attendance, plus 1 ONE adult for each additional SIX (6) or fewer children.

7.702.68 Activities

A. Activity Schedules

1. The center must carry out a planned program suitable to the needs of the children. This program must be described in writing and be available for review when requested by the department or by parents or guardians of children in care.

2. The program must include outdoor play each day except when the severity of weather, including temperature extremes, makes it a health hazard or when a child must remain indoors due to health reasons.

3.2. DAILY PHYSICAL GROSS MOTOR ACTIVITIES, WITH OR WITHOUT EQUIPMENT OR MATERIALS, MUST BE PROVIDED OUTDOORS, OR INDOORS DURING INCLEMENT WEATHER, TO PRESCHOOL AGE AND OLDER CHILDREN FOR NO LESS THAN SIXTY (60) MINUTES TOTAL FOR FULL DAY PROGRAMS. ACTIVITIES DO NOT HAVE TO OCCUR ALL AT ONE TIME.

4.3. DAILY PHYSICAL GROSS MOTOR ACTIVITIES, WITH OR WITHOUT EQUIPMENT OR MATERIALS, MUST BE PROVIDED OUTDOORS OR INDOORS DURING INCLEMENT WEATHER, TO PRESCHOOL AGE AND OLDER CHILDREN FOR NO LESS THAN THIRTY (30) MINUTES TOTAL FOR PART DAY PROGRAMS OPERATING FROM THREE (3) TO FIVE (5) HOURS PER DAY. ACTIVITIES DO NOT HAVE TO OCCUR ALL AT ONE TIME.

5. 4. DAILY PHYSICAL GROSS MOTOR ACTIVITIES, WITH OR WITHOUT EQUIPMENT OR MATERIALS, MUST BE PROVIDED OUTDOORS OR INDOORS DURING INCLEMENT WEATHER, TO PRESCHOOL AGE AND OLDER CHILDREN DAILY FOR NO LESS THAN FIFTEEN (15) MINUTES TOTAL FOR PART DAY PROGRAMS OPERATING UP TO THREE (3) HOURS PER DAY. ACTIVITIES DO NOT HAVE TO OCCUR ALL AT ONE TIME.

6.5. OUTDOOR PHYSICAL GROSS MOTOR ACTIVITIES, WITH OR WITHOUT EQUIPMENT OR MATERIALS, MUST BE PROVIDED TO TODDLER AGE CHILDREN ON A DAILY BASIS.

WHEN INCLEMENT WEATHER LIMITS OUTDOOR ACTIVITIES, INDOOR PHYSICAL GROSS MOTOR ACTIVITIES, WITH OR WITHOUT EQUIPMENT OR MATERIALS, MUST BE PROVIDED TO TODDLER AGE CHILDREN ON A DAILY BASIS.

7. 6. INFANTS MUST BE PROVIDED OUTDOOR PLAY AT LEAST THREE (3) TIMES PER WEEK, WEATHER PERMITTING.

38. 7. If the center takes children on routine short excursions, such activities and locations must be posted at the center.

49.8. If a child participates in activities away from the facility, the center must obtain the parent or guardian's written permission for the child to participate in the activity at a specific location and day. Staff ratios found at Section 7.702.55 must be maintained.

5. Television viewing, including videos, should not be permitted without the approval of a child's parents, who must be advised of the center's policy regarding television and video viewing.

B. SCREEN TIME AND MEDIA USE

1. TELEVISION AND VIDEO VIEWING IS PROHIBITED FOR CHILDREN UNDER TWO (2) YEARS OF AGE.

2. ALL ELECTRONIC DEVICES ARE PROHIBITED DURING SNACK OR MEAL TIMES.

3. ALL MEDIA THAT CHILDREN ARE EXPOSED TO MUST BE FROM A VARIETY OF TYPES AND MUST NOT CONTAIN EXPLICIT LANGUAGE OR TOPICS.

4. FOR CHILDREN TWO (2) YEARS OF AGE AND OLDER, TELEVISION, RECORDED MEDIA AND VIDEO TIME MUST BE LIMITED TO THIRTY (30) MINUTES PER WEEK.

5. FOR CHILDREN TWO (2) YEARS OF AGE AND OLDER COMPUTER AND TABLET TIME MUST BE LIMITED TO NON-CONSECUTIVE FIFTEEN (15) MINUTE INCREMENTS.

6. FOR CHILDREN TWO (2) YEARS OF AGE AND OLDER, TELEVISION, RECORDED MEDIA, COMPUTER, TABLET AND MEDIA DEVICE TIME MAY ONLY EXCEED THIRTY (30) MINUTES PER WEEK FOR A SPECIAL OCCASION. THERE IS NO RESTRICTION FOR CHILDREN USING PERSONAL ADAPTIVE EQUIPMENT.

BC. Special Activities Staff

1. If the center engages in special activities away from the child care facility, the staff member responsible for the activity must possess evidence of appropriate experience, training, and/or certification in the program specialty. Verification of experience and/or certification must be in the staff member's personnel file at the center. This staff member must be present whenever the activity is being carried out unless otherwise indicated in these regulations.

2. The qualified supervising staff member of special activities has the following duties:

a. Direct training of other staff members working in the activity.

b. Assign duties to staff members.

c. Assure that all staff members supervising the activity are actively participating in the supervision of children.

d. Assure that all necessary equipment is complete, in good repair, and safe to use.

e. Assure that environmental hazards are not severe enough to cause danger to participating children.

C. Field Trips

1. The center must notify the children's parents or guardians in advance of any field trip. The staff-child ratio found at Section 7.702.55 must be maintained at all times.

2. ALL GROUPS OF children must be actively supervised BY A QUALIFIED EARLY CHILDHOOD TEACHER at all times.

3. An accurate itinerary must remain at the center.

4. WHEN TAKING CHILDREN ON A FIELD TRIP The staff must have with them on a field trip the following information about each child: name, address, and phone number of the child's physician or other appropriate health care professional and the written authorization from the parent or guardian for emergency medical care.

5. IF CHILDREN ATTENDING THE FIELD TRIP REQUIRE ROUTINE MEDICATIONS BE ADMINISTERED DURING THE FIELD TRIP OR HAVE SPECIAL HEALTH NEEDS, A STAFF MEMBER WITH CURRENT MEDICATION ADMINITRATION TRAINING AND DELEGATION MUST ATTEND ON THE FIELD TRIP.

56. A list of all children and staff on a field trip must be kept at the center.

D. Swimming

1. If the center uses a public pool for which the center is not responsible, the center need not provide a lifeguard if a qualified lifeguard is provided by the pool. Staff-child ratios must be maintained, and the lifeguard must not be counted in the staff to child ratio.

2. If the public or private pool does not provide a qualified lifeguard, staff members meeting qualifications as stated at Section 7.702.68, D, 3, a, must be provided by the center.

a. There must be at least 1 staff member at the pool for each 10 or fewer children.

b. Swimming area rules and emergency procedures must be posted at the swimming area and explained to the children.

c. Swimming is prohibited when fewer than the required qualified staff members are present.

3. If the center uses a swimming area at a lake or pond, swimming area rules and emergency procedures must be posted at the swimming area and explained to the children.

a. A swimming supervisor must be present who, as a minimum, holds a current American Red Cross lifeguard training certificate or equivalent certification from a group such as the YMCA or Boy Scouts.

b. An additional staff member who holds at least an American Red Cross lifeguard training certificate or equivalent must be present at the swimming area for each 30 additional children in the water.

c. At least 1 staff member must be at the swimming area for each 10 or fewer children present.

d. Swimming is prohibited when fewer than the required qualified staff members are present.

e. Swimming areas must be clearly designated.

4. The swimming pool or swimming area must meet the standards of the Colorado Department of Public Health and Environment or its local unit.

5. Before children are permitted to swim in water deeper than shoulder height, their swimming skills must be tested by staff members who hold an American Red Cross lifeguard training certificate or equivalent.

6. Child care staff must directly supervise and monitor all children while at the swimming area. Supervision must include monitoring children for exhaustion, distress, sunburn, heatstroke, and threat of drowning.

7. The following equipment must be available for use at the pool side or the lake shore where swimming is permitted:

a. A buoy or a lemon line; and

b. Reach pole; and

c. Backboard.

8. If swimming is permitted in a lake or a pond, a rescue boat equipped with a reach pole and a lemon line or a buoy must be available at all times.

9. If a center has shoreline activities such as wading, fishing, ecology, or nature studies, the center must have a written policy that defines qualifications of persons accompanying the group and safety guidelines to be followed. Staff members must be acquainted with the policy.

10. If the center has a permanent wading pool, children in care can use it only in the presence of an adult who holds a current American Red Cross basic lifeguarding certificate or equivalent and is responsible for providing lifesaving protection for the children. The required staff-child ratio must be maintained at all times.

E. Trampolines

1. The trampoline supervisor must have formal training and experience in use of the trampoline and knowledge of safety and spotting techniques.

2. Trampolines must be equipped with pads along the sides and kept in good repair.

3. Use of the trampoline is prohibited when there is no trampoline supervisor present.

4. Trampolines must be secured from unauthorized use.

5. Only 1 child is allowed on a trampoline at any one time, regardless of the size of the trampoline.

6. Staff spotters must be posted on 4 sides of each trampoline at all times. Spotters must not stand, sit, or lie on the trampoline, but must stand in a position of readiness, watching the jumper at all times.

7. Children must dismount the trampoline by sitting on the edge and sliding off. They must not be allowed to jump off the trampoline.

7.702.69 Transportation

A. Transportation Provided by the Center

1. The center is responsible for any children it transports.

2. The center must obtain written permission from parents or guardians for any transportation of their child during child care hours.

3. The number of staff members who accompany children when being transported in the vehicle must meet the child care staff ratio found at Section 7.702.55. The driver of the vehicle is considered a staff member.

4. Children must not be permitted to ride in the front seat of a vehicle AND MUST REMAIN SEATED WHILE THE VEHICLE IS IN MOTION. unless they are 4 years old or over, more than 40 pounds, and are ALL CHILDREN MUST BE secured in a child restraint system that IS APPROPRIATE FOR THE AGE AND DEVELOPMENT OF THAT CHILD. THE CHILD RESTRAINT MUST conforms to all applicable Federal Motor Vehicle Safety Standards AND COLORADO CHILD PASSENGER SAFETY LAWS. Children must remain seated while the vehicle is in motion.

5. Children must be loaded and unloaded out of the path of moving vehicles.

6. Children must not be permitted to stand or sit on the floor of a moving vehicle, and their arms, legs, and heads must remain inside the vehicle at all times.

7. Children must not be left unattended in the vehicle.

8. Transportation arrangements for school-age children must be by agreement between the center and the children's parents, i.e., whether the child can walk, ride a bicycle, or travel in a car. The center must monitor the children to be sure they arrive at the center when expected and follow up on their whereabouts if they are late. Written permission from parents or guardians for their children to attend community functions after school hours must include agreements regarding transportation.

9. Prior to a field trip or other excursion, the center must obtain information on liability insurance from parents and staff who transport children in their own cars and verify that all drivers have valid driver's licenses.

B. Requirements for Vehicles

1. Any vehicle used for the transportation of children to and from the center or during center activities must meet the following requirements:

a. The vehicle must be enclosed and have door locks.

b. The seats of the vehicle must be constructed and installed according to the vehicle manufacturer's specifications.

c. The vehicle must be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division.

d. Seating must be comfortable with a seat of at least TEN (10) inches wide for each child.

e. THE PROVIDER MUST NOT TRANSPORT MORE CHILDREN THAN ANY VEHICLE IS ABLE TO SAFELY ACCOMMODATE WHEN CHILD RESTRAINT SYSTEMS AND SEAT BELTS ARE PROPERLY INSTALLED IN THE VEHICLE. TWO (2) OR MORE CHILDREN MUST NEVER BE RESTRAINED IN ONE (1) SEAT BELT OR CHILD RESTRAINT SYSTEM.

f. MODIFICATIONS TO VEHICLES INCLUDING, BUT NOT LIMITED TO, THE ADDITION OF SEATS AND SEAT BELTS MUST BE COMPLETED BY THE MANUFACTURER OR AN AUTHORIZED REPRESENTATIVE OF THE MANUFACTURER. DOCUMENTATION OF SUCH MODIFICATIONS MUST BE AVAILABLE FOR REVIEW.

2. In passenger vehicles, which include automobiles, station wagons, and vans with a manufacturer's established capacity of SIXTEEN (16) or fewer passengers and less than 10,000 pounds, the following is required:

a. Each child must be restrained in an individual seat belt.

b. Two or more children must never be restrained in 1 ONE seat belt.

c. Lap belts must be secured low and tight across the upper thighs and under the belly.

d. Children must be instructed and encouraged to keep the seat belt properly fastened and adjusted.

3. In vehicles with a manufacturer's established capacity of SIXTEEN (16) or more passengers, seat belts for passengers are not required.

C. Requirements for Drivers of Vehicles

1. All drivers of vehicles transporting children must comply with applicable laws of the Colorado Department of Revenue, Motor Vehicle Division, and ordinances of the municipality in which the center operates.

2. All drivers of vehicles owned or leased by the center in which children are transported must have a current department- approved first aid and safety certificate that includes CPR for all ages of children.

3. In each vehicle used to transport children, drivers must have access to a first aid kit.

4. The driver must ensure that all doors are secured at all times when the vehicle is moving.

5. The driver must make a good faith effort to ensure that each child is properly belted throughout the trip.

6 THE DRIVER SHALL NOT EAT, SMOKE OR USE A CELLUAR DEVICE WHILE DRIVING.

7. THE REQUIRED STAFF TO CHILD RATIO SHALL BE MAINTAINED AT ALL TIMES.

8. ALL DRIVERS MUST BE AT LEAST TWENTY (20) YEARS OF AGE.

9. DRIVERS MUST COMPLETE A MINIMUM OF FOUR (4) HOURS OF DEPARTMENT APPROVED DRIVER TRAINING. THE DEPARTMENT’S APPROVAL WILL BE BASED ON THE REVIEW OF A TRAINING CURRICULUM THAT INCLUDES AT A MINIMUM: BEHIND THE WHEEL TRAINING; PARTICIPANT TRANSPORT ATTENDANCE PROCEDURES INCLUDING TAKING ATTENDANCE AT THE DESTINATION; MANAGING BEHAVIORAL ISSUES; LOADING AND UNLOADING PROCEDURES; DAILY VEHICLE INSPECTION PROCEDURE; PROPER TIRE INFLATION; EMERGENCY EQUIPMENT AND HOW TO USE IT; ACCIDENT PROCEDURES; PASSENGER ILLNESS PROCEDURES; PROCEDURES FOR BACKING UP; AND VEHICLE EVACUATION.

D. Transporting Infants and Toddlers

1. Children must be properly fastened into a child restraint system that conforms to all applicable Federal Motor Vehicle Safety Standards pursuant to Colorado law.

2. There must be at least ONE (1) adult, in addition to the driver, for each FIVE (5) or fewer infants/toddlers being transported. Each adult must have a current department-approved first aid and safety certificate that includes CPR for all ages of children.

3. An adult must accompany each child to and from the vehicle.

4. Infants and toddlers must not be transported in the front seat of a vehicle.

7.702.7 CHILD CARE EQUIPMENT AND MATERIALS

7.702.71 General Requirements

A. Indoor and outdoor play equipment and materials must be appropriate for children's ages, size, and activities.

B. Indoor and outdoor materials and equipment must be sufficiently varied and appropriate for the developmental needs of the children and the number attending.

C. Indoor and outdoor equipment, materials, and furnishings must be sturdy, safe, and free of hazards.

D. ANY PERMANENTLY INSTALLED INDOOR CLIMBING EQUIPMENT OR INDOOR PORTABLE CLIMBING EQUIPMENT EIGHTEEN (18) INCHES OR HIGHER MUST HAVE PROTECTIVE SURFACING MEETING CURRENT FEDERAL SAFETY REQUIREMENTS. PROTECTIVE SURFACING MUST BE INSTALLED ACCORDING TO MANUFACTURERS INSTRUCTIONS, UNDERNEATH AND IN THE USE ZONE SURROUNDING THE EQUIPMENT.

E. MATS MANUFACTURED FOR INDOOR CLIMBING EQUIPMENT OVER EIGHTEEN (18) INCHES OR HIGHER MUST MEET CURRENT FEDERAL SAFETY REQUIREMENTS. WRITTEN DOCUMENTATION FROM MANUFACTURER MUST BE AVAILABLE FOR REVIEW AT ALL TIMES.

D F. Durable furniture such as tables and chairs must be child-sized or appropriately adapted for children's use.

E G. Children must wear helmets when riding scooters, bicycling, skateboarding, or rollerblading.

F H. In infant nurseries, an adequate number of high chairs or other suitable pieces of equipment that meet federal Consumer Product Safety Commission standards must be provided for infant feeding.

G I. The infant nursery PROGRAM must have an adult rocking chair/GLIDER.

H J. Each infant nursery FOR EVERY FIVE (5) INFANTS FOR WHICH THE CENTER IS LICENSED THERE must have BE aT LEAST ONE (1) piece of sturdy MOBILE equipment that is easily mobile and ACCESSIBLE TO EFFECTIVELY EVACUATE ALL will hold a minimum of 5 infants. for use in emergency exiting FOR WHICH THE CLASSROOM IS LICENSED.

K. EVACUATION EQUIPMENT MUST NOT BLOCK EXIT ROUTES. NOTHING MAY BE STORED IN OR UNDER ANY EVACUATION EQUIPMENT.

EVACUATION EQUIPMENT MUST:

1. BE LOCATED IN THE ROOM OR IMMEDIATELY OUTSIDE THE INTERIOR CLASSROOM DOOR;

2. BE LABELED FOR EASY IDENTIFICATION;

3. BE READY FOR USE; AND

4. FIT THROUGH DOORWAYS.

L. IF A CRIB IS NOT DESIGNED FOR EMERGENCY EVACUATION, THE CRIB MUST BE REINFORCED WITH A KIT MANUFACTURED FOR THIS PURPOSE.