Ga. Comp. R. & Regs. R. 290-2-3-.07 - Staffing and Supervision
(1) The Provider shall be at least 21 years
of age.
(2) Providers must possess
and submit valid evidence /documentation of one of the following
credentials/degrees issued by either the organizations listed below, an
accredited educational institution, or another organization approved/recognized
by the Department :
a. Child Development
Associate (CDA) credential (issued by the Council for Professional
Recognitionand kept current); or
b.
Technical Certificate of Credit (TCC) in Early Childhood Education;
or
c. Technical College Diploma
(TCD) in Early Childhood Education; or
d. Associate Degree in Early Childhood
Education (AA, AAS, AAT); or
e.
Paraprofessional Certificate (issued by the Georgia Professional Standards
Commission and kept current); or
f.
Bachelor's degree in Early Childhood Education; or
g. Master's degree in Early Childhood
Education.
(3) Providers
and applicants who have submitted an application for License on or before June
30, 2009 shall be exempt from the requirement stated in (2)(a) through (g)
above, except if the Family Child Care Learning Home closes for business and
then submits a new application for License on or after July 1, 2009.
Any
(4) A Home must
maintain a personnel file on the Provider , all Employees, Provisional
Employees, Personnel , Staff , Students-in-Training, Volunteers, Clerical,
Housekeeping, Maintenance and other Support Staff for the duration of the term
of employment plus one (1) calendar year, and it shall contain the following:
identifying information to include: name, date of birth, social security
number, current address and current telephone number; employment history for
the past ten years; as applicable to the position held: evidence of education
and qualifying work experience, evidence of required program orientation
including date and signature of person providing the orientation; evidence of
all training required by these rules which shall include: title of training,
date of training, trainer's signature, location of training and number of clock
hours obtained; a statement completed by the staff member that the information
provided is true and accurate; and any other records required by these
rules.
(5) Program Orientation.
Prior to assignment to children or task, the Provider and all Employees and
Provisional Employees must receive initial program orientation.
(6) The initial program orientation must
include the following subjects: the Home 's policies and procedures; the
portions of these rules dealing with the care, health and safety of children ;
the Staff person 's assigned duties and responsibilities; reporting requirements
for suspected cases of child abuse, neglect or deprivation; communicable
diseases and serious injuries; emergency weather plans; the program's emergency
preparedness plan; childhood injury control; the administration of medicine;
reducing the risk of Sudden Infant Death Syndrome (SIDS); hand washing; fire
safety; water safety; and prevention of HIV/AIDS and blood borne
pathogens.
(7) Health and Safety
Orientation. The Provider , Employees and Provisional Employees with direct care
responsibilities shall complete health and safety orientation training within
the first 90 days of employment. The state-approved training hours obtained
will count toward required first year training hours. The training must address
the following health and safety topics: prevention and control of infectious
diseases (including immunization); prevention of sudden infant death syndrome
and use of safe sleeping practices; administration of medication, consistent
with standards for parental consent; prevention of and response to emergencies
due to food and allergic reactions; building and physical premises safety,
including identification of and protection from hazards that can cause bodily
injury such as electrical hazards, bodies of water, and vehicular traffic;
prevention of shaken baby syndrome, abusive head trauma and child maltreatment;
emergency preparedness and response planning for emergencies resulting from a
natural disaster or a human-caused event (such as violence at a child care
facility); handling and storage of hazardous materials and the appropriate
disposal of bio contaminants; precautions in transporting children ; recognition
and reporting of child abuse and neglect; and child development.
(8) First Aid and CPR. Every Provider ,
Provisional Employee and Employee with direct care responsibilities shall have
current evidence of successful completion of a biennial training program in
cardiopulmonary resuscitation (CPR) and a triennial training program in first
aid which have been offered by certified or licensed health care professionals
or trainers and which dealt with emergency care for infants and children . Such
training must be completed by the Provider prior to initial licensure. Training
must be completed within 90 days from date of hire for Provisional Employees
and Employees. The Provider , a Provisional Employee or Employee with current
CPR and first aid training must always be on the Home 's premises and on any
field trip whenever any Child is present.
(9) Annual Training. Every calendar year,
after the first year of employment, the Provider , Provisional Employees and
Employees shall attend ten (10) clock hours of diverse training which is
task-focused in on-going health, safety and early childhood or child
development related topics and which is offered by an accredited college,
university or vocational program or other Department -approved source. The
annual ten (10) clock hours of training shall be chosen from the following
fields: child development, including discipline, guidance, nutrition, injury
control and safety; health, including sanitation, disease control, cleanliness,
detection and disposition of illness; child abuse and neglect, including
identification and reporting, and meeting the needs of abused and/or neglected
children ; and business related topics, including parental communication,
recordkeeping, etc.; provided however that such business related training shall
be limited to no more than two (2) of the required ten (10) clock hours of
training. Records of completion of such training shall be maintained in the
Home by the Provider , as required by these rules.
(10) The Provider , Employees and Provisional
Employees shall never have been shown by credible evidence, e.g., a court, a
department investigation or other reliable evidence to have abused, neglected,
sexually exploited, or deprived a child or adult or to have subjected any
person to serious injury as a result of intentional or grossly negligent
misconduct. The Department may request an oral or written statement to this
effect at the time of application or hire or at any other time the Department
has reason to believe that a Provider , Employee or Provisional Employee is not
qualified under these rules to administer or work in the Home . Upon said
request, the Provider , Employee , or Provisional Employee shall provide this
statement to the Department .
(11)
The Provider , Employees and Provisional Employees must be able to perform
adequately the job duties of providing for the care and supervision of the
children in the Home in accordance with these rules.
(12) The Provider , Employees and Provisional
Employees shall not have made any material false statements concerning
qualifications requirements either to the Department or to the
Provider .
(13) The Provider ,
Employees and Provisional Employees must provide additional reasonable
verification of the qualifications of the Provider , Employees and Provisional
Employees upon request by the Department . Reasonable verification may include,
but need not be limited to any or all of the following: statement(s) from an
attending physician or other health care professional attesting to the mental
and/or physical health of the Provider , Provisional Employee or Employee ;
letters of reference from designated persons in the community where the
Provider , Provisional Employee and/or Employee intend to work or is working;
certified copies of court orders; and additional records checks.
(14) The Provider , Employees and Provisional
Employees must comply with the background check requirements as outlined in
Rule 290-2-3-.21
Criminal Records and Comprehensive Background Checks.
(15) The total number of Children not Related
to the Provider in the Family Child Care Learning Home , for pay or not for pay,
cannot exceed six Children , except that a Provider may care for two additional
children who are three years of age or older for two designated one hour
periods daily upon approval by the Department .
(16) Whenever Related Children or Children
who reside in the Home are present in the Home , the total number of children
present under the age of thirteen years may not exceed twelve, and the space
requirement of 35 square feet per each child present must be met.
(17) At least one Staff person with a
satisfactory Comprehensive Records Check Determination shall supervise Children
at all times appropriate to the individual age, needs and capabilities of each
child . Such supervision must include, but not be limited to, indoor and outdoor
activities, mealtimes, naptime, transportation, field trips, and transitions
between activities. "Supervision " means Staff members are providing watchful
oversight to the children , volunteers and Students-in-Training. The person (s)
supervising in the child care area must be alert, positioned to maximize their
ability to hear and see the children at all times, and able to respond promptly
to the needs and actions of the children being supervised , as well as the
actions of the volunteers and Students-in-Training, and provide timely
attention to the children 's actions and needs. Staff shall be attentive and
participating with all children during mealtimes and shall be seated within an
arm's length away from children thirty-six (36) months of age and younger.
Plans shall be made to obtain additional Staff help in cases of
emergencies.
(18) An Employee or
Provisional Employee , who must be at least sixteen (16) years of age, must be
present to assist with supervision whenever more than three (3) children under
the age of twelve (12) months are present, more than six (6) children under the
age of three (3) years are present or more than eight (8) children under the
age of five (5) years are present.
(19) If Children are allowed to participate
in water activities where the water is over two feet in depth, the Provider or
an Adult shall supervise such activities and must have successfully completed a
training program in lifeguarding offered by a water-safety instructor certified
by the American Red Cross or YMCA or other recognized standard setting agency
for water safety instruction.
(a) For
water-related activities where water is over two feet in depth, the following
Staff : Child ratios shall be maintained:
|
Ages of
|
|
|
Under 2 1/2 |
1:2 |
|
2 1/2 to 4 years |
1:5 |
|
4 years & older (who cannot swim a distance of 15 yds. unassisted) |
1:6 |
|
4 years & older (who can swim a distance of 15 yds. unassisted) |
1:8 |
(b)
In lieu of requiring each Child four years and older to take a swimming test,
the Provider may accept copies of verifications from a recognized water safety
instruction organization stating that the Child has successfully completed a
swimming class which required the Child to swim a distance of 15 yards
unassisted.
(20)
Employees. A licensed Home may hire Employees. All Employees:
(a) must comply with the background check
requirements as outlined in Rule
290-2-3-.21, Criminal Records and
Comprehensive Background Checks;
(b) must be informed of the rules for Family
Child Care Learning Homes and the Home 's policies and procedures for the age
group for which they will be providing care;
(c) must be informed of the Home 's policies
and procedures necessary to the proper performance of their job duties in
compliance with the Rules for Family Child Care Learning Homes; and
(d) must participate in the orientation and
training required by these rules.
(21)
Provisional Employees. A
licensed Home may hire Provisional Employees. All Provisional Employees:
(a) must comply with the background check
requirements as outlined in Rule
290-2-3-.21, Criminal Records and
Comprehensive Background Checks;
(b) must be informed of the rules for Family
Child Care Learning Homes and the Home 's policies and procedures for the age
group for which they will be providing care;
(c) must be informed of the Home 's policies
and procedures necessary to the proper performance of their job duties in
compliance with the Rules for Family Child Care Learning Homes;
(d) must participate in the orientation and
training required by these rules;
(e) must be supervised at all times by the
Provider or an Employee with a valid and current satisfactory Comprehensive
Records Check Determination ; and
(f) may be hired as a permanent Employee by
the Home only if the individual receives a satisfactory Comprehensive Records
Check Determination by the Department and meets all other qualification
requirements in these rules.
(22)
Independent Contractors. A
Home may have an independent contractor to offer supplemental educational or
physical activities for Children in care.
(a)
Such an independent contractor is considered either an Employee or Provisional
Employee of the Home for the purpose of these rules and must comply with the
background check requirements as outlined in Rule
290-2-3-.21 Criminal Records and
Comprehensive Background Checks before being present at the Home while children
are present for care or before residing in the Home .
(b) Such an independent contractor is
exempted from annual training and first-aid/CPR training
requirements.
(23)
Parents. The Home may have Parents occasionally assist in a
classroom, chaperone or accompany a group of Children from the Home on a field
trip.
(a) A Parent that is this type of
occasional assistant is not required to obtain a Criminal Records Check
Determination; however, a Parent that is deemed to be a staff member by the
Home or who is age 17 or older and resides at the Home or who is compensated in
any way by the Home except through appropriate state or federal funds is
considered an Employee or Provisional Employee for purposes of these rules and
must comply with the background check requirements as outlined in Rule
290-2-3-.21
, Criminal Records and Comprehensive Background Checks
before being present at the Home while Children other than their own are
present for care or before residing in the Home ;
(b) No Parent shall be solely responsible for
Children other than their own and must be under continuous direct supervision
of the Provider or Home Employee with a valid and current satisfactory
Comprehensive Records Check Determination while in the presence of Children in
care other than their own; and
(c)
Such Parent is exempted from annual training and first-aid/CPR training
requirements.
(24)
Volunteers. The Home may have volunteers other than Parents help
in a classroom, chaperone or accompany a group of Children from the Home on a
field trip.
(a) Volunteers that provide
consistent services are considered either Employees or Provisional Employees
for the purposes of these rules and must comply with the background check
requirements as outlined in Rule
290-2-3-.21
, Criminal Records and Comprehensive Background Checks
before being present at the Home while children are present for care or before
residing in the Home ;
(b) No
volunteer shall be solely responsible for Children other than their own and
must be under continuous direct supervision of the Provider or Home Employee
with a valid and current satisfactory Comprehensive Records Check Determination
while in the presence of Children other than their own; and
(c) Such volunteer is exempted from annual
training and first-aid/CPR training requirements.
(25)
Students-in-Training. The
Home may have Students-in-Training.
(a)
Students-in-Training are considered either Employees or Provisional Employees
for the purposes of these rules and must comply with the background check
requirements as outlined in Rule
290-2-3-.21
, Criminal Records and Comprehensive Background Checks
before being present at the Home while children are present for care or before
residing in the Home ;
(b) No
Student-in-Training shall be solely responsible for Children other than their
own and must be under continuous direct supervision of the Provider or a Home
Employee with a valid and current satisfactory Comprehensive Records Check
Determination while in the presence of Children in care other than their own,
and
(c) Such Student-in-Training is
exempted from annual training and first-aid/CPR training
requirements.
(26)
Clerical, Housekeeping, Maintenance and Other Support Staff . The
Home may have qualified and sufficient direct-care, clerical, housekeeping,
maintenance and other support staff to ensure full compliance with these rules
without neglecting the supervision of the Children .
(a) Other Staff That May Have Direct Contact
With Children In Care. A Home may have additional Staff at the Home . Any Staff
member that has any personal contact with any Child in care:
1. Is considered either an Employee or
Provisional Employee for purposes of these rules and must comply with the
background check requirements as outlined in Rule
290-2-3-.21, Criminal Records and
Comprehensive Background Checks; and
2. may be exempted from annual training and
first-aid/CPR training requirements.
(b) Other Staff That Must Not Have Direct
Contact With Children In Care. The Home may have individuals at the Home to
repair and/or maintain the Home while Children are in care. These individuals:
1. must have no contact with Children in
care;
2. may not be required to
obtain a Fingerprint Records Check Determination , unless they have contact with
Children in care; and
3. may be
exempted from annual training and first-aid/CPR training
requirements.
(27) Compliance with Applicable Laws and
Regulations. The Provider , Employees and Provisional Employees shall not commit
any criminal act, as defined under Georgia law, in the presence of any child
enrolled in the Home and shall comply with all applicable laws and
regulations.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.