As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 432A.012 to 432A.165, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Bd. for Child Care, 6-5-84; 5-14-90; 3-11-92; 11-1-94; R203-97, 4-1-98; R203-03, 7-1-2004)
NAC 432A.012 "Accommodation facility" defined. (NRS 432A.077) "Accommodation facility" means a facility which is operated:
1. By a business that is licensed to conduct a business other than the provision of care to children; and
2. As an auxiliary service provided for the customers of the primary business.
(Added to NAC by Bd. for Child Care, eff. 3-11-92)
NAC 432A.015 "Bureau" defined. (NRS 432A.077) "Bureau" has the meaning ascribed to it in NRS 432A.022.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A 11-19-85; 11-1-94)
NAC 432A.020 "Caretaker" defined. (NRS 432A.077) "Caretaker" means any natural person:
1. Who is 16 years of age or older;
2. Who meets the qualifications in this chapter; and
3. Whose duties include the direct care, supervision and guidance of children in a facility.
[Bd. for Child Care, Child Care Facilities Reg. § 1.4, eff. 2-28-80]
NAC 432A.030 "Central operator" defined. (NRS 432A.077) "Central operator" means the person who or public organization which operates a child care system, provides central administrative services for individual facilities and is charged with enforcing standards of maintenance and operation of the facilities.
[Bd. for Child Care, Child Care Facilities Reg. § 1.5, eff. 2-28-80]
NAC 432A.040 "Child" defined. (NRS 432A.077) "Child" means a person who has not reached his 18th birthday.
[Bd. for Child Care, Child Care Facilities Reg. § 1.7, eff. 2-28-80]
NAC 432A.050 "Child care center" defined. (NRS 432A.077) "Child care center" means any facility in which the licensee regularly provides day or night care for more than 12 children.
[Bd. for Child Care, Child Care Facilities Reg. § 1.8, eff. 2-28-80]
NAC 432A.060 "Child care facility" defined. (NRS 432A.077) "Child care facility" has the meaning ascribed to it in NRS 432A.024.
[Bd. for Child Care, Child Care Facilities Reg. § 1.9, eff. 2-28-80]--(NAC A 9-30-88; 3-11-92)
NAC 432A.070 "Child care institution" defined. (NRS 432A.077) "Child care institution" means a facility in which the licensee provides care during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians.
[Bd. for Child Care, Child Care Facilities Reg. § 1.10, eff. 2-28-80]
NAC 432A.075 "Child with special needs" defined. (NRS 432A.077) "Child with special needs" means a child who does not function according to expectations appropriate to his age and who regularly requires special assistance or accommodations.
(Added to NAC by Bd. for Child Care, eff. 5-14-90)
NAC 432A.078 "Department" defined. (NRS 432A.077) "Department" means the Department of Human Resources.
(Added to NAC by Bd. for Child Care, eff. 7-1-2004)
NAC 432A.080 "Director" defined. (NRS 432A.077) "Director" means the licensee or a person appointed by the licensee who is responsible for managing the operation of the facility.
[Bd. for Child Care, Child Care Facilities Reg. § 1.12, eff. 2-28-80]
NAC 432A.090 "Facility" defined. (NRS 432A.077) "Facility" means a child care facility.
[Bd. for Child Care, Child Care Facilities Reg. § 1.13, eff. 2-28-80]
NAC 432A.100 "Family home" defined. (NRS 432A.077) "Family home" means any facility in which the licensee regularly provides care without the presence of parents, for at least five and not more than six children.
[Bd. for Child Care, Child Care Facilities Reg. § 1.14, eff. 2-28-80; A 1-21-81]
NAC 432A.110 "Group home" defined. (NRS 432A.077) "Group home" means any facility in which the licensee regularly provides care for no less than seven and no more than twelve children.
[Bd. for Child Care, Child Care Facilities Reg. § 1.15, eff. 2-28-80; A 1-21-81]
NAC 432A.130 "Institution" defined. (NRS 432A.077) "Institution" means a child care institution.
[Bd. for Child Care, Child Care Facilities Reg. § 18.1, eff. 2-28-80]
NAC 432A.140 "Licensee" defined. (NRS 432A.077) "Licensee" means the person or public organization licensed pursuant to this chapter and who is responsible for the operation of a facility and adherence to the provisions of this chapter.
[Bd. for Child Care, Child Care Facilities Reg. § 1.17, eff. 2-28-80]
NAC 432A.145 "Nursery for infants and toddlers" defined. (NRS 432A.077) "Nursery for infants and toddlers" means a child care facility in which the licensee provides care for five or more children who are under 2 years of age.
(Added to NAC by Bd. for Child Care, eff. 6-5-84)
NAC 432A.146 "On-site child care facility" defined. (NRS 432A.077) "On-site child care facility" has the meaning ascribed to it in NRS 432A.0275.
(Added to NAC by Bd. for Child Care by R203-97, eff. 4-1-98)
NAC 432A.147 "Outdoor youth program" defined. (NRS 432A.077) "Outdoor youth program" has the meaning ascribed to it in NRS 432A.028.
(Added to NAC by Bd. for Child Care, eff. 11-1-94)
NAC 432A.150 "Parent" defined. (NRS 432A.077) "Parent" means the child's natural parent, guardian or any other person or organization legally responsible for the child.
[Bd. for Child Care, Child Care Facilities Reg. § 1.18, eff. 2-28-80]
NAC 432A.160 "Preschool" defined. (NRS 432A.077) "Preschool" means a facility in which the licensee has established specific goals to enhance each child's cognitive, social, emotional, physical and creative development.
[Bd. for Child Care, Child Care Facilities Reg. § 1.20, eff. 2-28-80]
NAC 432A.162 "Provider" defined. (NRS 432A.077) "Provider" has the meaning ascribed to it in NRS 432A.360.
(Added to NAC by Bd. for Child Care, eff. 3-11-92)
NAC 432A.165 "Special needs facility" defined. (NRS 432A.077) "Special needs facility" means a child care facility providing care to children with special needs in which those children comprise 40 percent or more of the total number of children for whom the facility is licensed to provide care.
1. Ensure that every person operating a facility is licensed;
2. Make and maintain files regarding the interpretation by courts of the provisions of this chapter, and make these files available for public review;
3. When requested, offer assistance and consultation to licensees of facilities;
4. Aid the Board in developing an awareness within local communities of the need to protect children by licensing operators of facilities; and
5. Develop a strong working relationship with local and state zoning, fire, health and safety officials for the purpose of evaluating facilities and licensing their operators.
[Bd. for Child Care, Child Care Facilities Reg. § 2.8, eff. 2-28-80]
1. Any county or city which desires to establish or has established a child care licensing agency must file a copy of any proposed ordinance or regulation for licensing facilities with the Bureau for review not later than 30 days before a public hearing is held on the proposed ordinance or regulation. The ordinance or regulation adopted by the county or city must be filed with the Bureau for its approval within 30 days after adoption.
2. Every local licensing agency shall monthly submit to the Bureau a roster of all facilities in its jurisdiction which are currently licensed.
[Bd. for Child Care, Child Care Facilities Reg. §§ 2.1-2.3, eff. 2-28-80]--(NAC A 10-11-90)
1. Inspections of any building or premises of a facility pursuant to NRS 432A.180 may be unannounced and must be made at least two times during the 12-month licensing period or once every 6 months. More frequent inspections may be made if the Bureau has reason to believe the licensee of a facility is not meeting the requirements of this chapter or chapter 432A of NRS.
2. In conducting inspections and investigations, the Bureau may call upon political subdivisions and governmental agencies for assistance. The licensee or applicant shall cooperate with the person conducting the investigation by providing access to the buildings, records and staff of the facility. Failure to provide such access is a ground for revocation of a license or denial of an application for a license.
3. On confirmation of the operation of an unlicensed operator of a facility, the Bureau or the local licensing agency shall investigate and attempt to license the operator of the facility, force discontinuance of the operation of the facility or prosecute the violation.
[Bd. for Child Care, Child Care Facilities Reg. §§ 2.5-2.7, eff. 2-28-80]--(NAC A 11-1-94)
(NRS 432A.077, 432A.141, 432A.170, 432A.175)
1. An application for an initial license to operate a facility must be:
(a) Submitted to the Bureau on a form supplied by the Bureau; and
(b) Accompanied by the following appropriate fee:
2. After receiving a completed application and payment of the appropriate fee, the Bureau will:
(a) Conduct an investigation into the qualifications and background of every applicant and his employees, and every resident of the facility who is 18 years of age or older;
(b) Inspect the buildings of the facility; and
(c) Examine the plans for care of the children and management of the facility.
3. Documentation of completed and current investigations must be kept on file at the facility for all persons required to be investigated, for the period of their presence at the facility.
4. Fingerprints must be taken and applications for investigations must be made by:
(a) An employee or a resident of the facility within 3 working days after the date of hiring or his presence in the facility, and every 6 years thereafter.
(b) An applicant at the time of an application for initial license.
(c) A licensee every 6 years after the date his license is originally issued.
5. The Bureau will immediately notify the applicant or licensee if the investigation indicates that he or an employee or resident of the facility has been convicted of any offense listed in subsection 2 of NRS 432A.170.
6. The license must not be issued until the Chief of the Bureau is satisfied that the proposed facility will be in compliance with the applicable codes concerning safety of human life, environmental health, and building and zoning, as established respectively by the State Fire Marshal, the State Board of Health and the appropriate local government. A report of inspection by the State Fire Marshal or the State Health Officer, finding satisfactory conditions, may be accepted by the Chief as proof of compliance with the applicable regulations.
7. A licensee who has a license to operate a family home or a group home may not obtain a license to operate any other family home, group home or other child care facility.
8. An applicant must, before a license is issued to him, submit to the Bureau a certificate stating that he holds a policy of insurance for protection against liability to third persons which will meet the requirement set forth in subsection 2 of NAC 432A.290. Any government, governmental agency or political subdivision of a government which operates a child care facility and is self-insured is not required to furnish a certificate of insurance to the Bureau.
9. If the applicant and the proposed facility are in compliance with the provisions of this chapter, as shown by his application and related material and the investigation, a license will be issued to him within 30 days after completion of the investigation.
10. A licensee shall return to the Bureau his license if he ceases to operate a facility, if the license has been suspended or revoked or if his annual license is placed on a provisional basis.
[Bd. for Child Care, Child Care Facilities Reg. § 3.2, eff. 2-28-80]--(NAC A 6-5-84; 11-19-85; 12-17-87; 9-5-89; 5-14-90; R203-03, 7-1-2004)
The regulation of the Board for Child Care filed with the Secretary of State on July 1, 2004 (LCB File No. R203-03), which amended this section, contains the following provisions not included in NAC:
"Notwithstanding the amendatory provisions of subsection 7 of NAC 432A.200, a licensee of a family home or a licensee of a group home who has more than one license to operate a child care facility on July 1, 2004, may:
1. Apply, pursuant to NAC 432A.220, for the reissuance of each of those licenses held on July 1, 2004; and
2. Continue to operate each child care facility for which he has a license until his license to operate that child care facility is suspended, revoked or otherwise terminated."
1. Each license must contain the name of each person authorized to operate the facility, the location of the facility, the number of children for whom care may be provided pursuant to the license and the nature of child care services which may be provided.
2. The license issued to an operator of a facility must be signed by the Chief and conspicuously posted in a public place within the facility.
3. The license is not transferable from one licensee to another licensee or from a licensee to a person who is not a licensee. A license is valid only for the premises described in the license.
4. Except as provided otherwise in this chapter, a licensee may not care for a greater number of children than the number set forth on the license issued to the licensee.
[Bd. for Child Care, Child Care Facilities Reg. § 3.4, eff. 2-28-80]
1. A licensee of a facility may apply for reissuance of a license no later than 45 days before the expiration of the license. The Bureau shall provide all forms and materials necessary for reissuance of a license.
2. After receipt of an application for reissuance of a license and the receipt of a fee for reissuance computed in the same manner described in subsection 1 of NAC 432A.200, the Bureau shall conduct a survey to determine whether the licensee of a facility meets all of the requirements for issuance of a license set forth in NAC 432A.200.
3. If, after investigation, the Bureau determines that the facility complies with the requirements of NAC 432A.200, a license must be reissued for 1 year. A reissued license may be revoked or suspended on the same grounds as an initial license.
[Bd. for Child Care, Child Care Facilities Reg. § 3.3, eff. 2-28-80]
1. A licensee may request that his license be transferred to inactive status by the Bureau. If the request is approved, the licensee shall, within 15 days after the approval, give written notification to the parents of any children in the facility that his license is inactive.
2. Inactive status does not continue beyond the expiration of the license.
1. In addition to the grounds set forth in NRS 432A.190, the Bureau may suspend or revoke the license of a licensee on the ground that:
(a) The health or safety of a child in the facility is being endangered; or
(b) The facility is not in compliance with standards for safety from fire and other emergencies or standards for health and sanitation as determined by the Bureau after an inspection of any building or premises of the facility conducted pursuant to NRS 432A.180.
2. The notice of denial, suspension or revocation required by NRS 432A.200 must be sent by the Bureau within 30 days after its determination to suspend or revoke a license or to deny an application for a license.
[Bd. for Child Care, Child Care Facilities Reg. §§ 4.1 & 4.2, eff. 2-28-80]--(NAC A by R203-03, 7-1-2004)
A group home is not required to be licensed as a nursery for infants and toddlers if the licensee does not provide care for more than eight children who are under 3 years of age.
1. A person who desires a waiver of all or any part of the Board's regulations concerning licensing must submit a completed application for the waiver to the Bureau or other appropriate agency for the licensing of facilities.
2. An application for a waiver filed with the Board must be submitted to the Board at its next regularly scheduled meeting if the waiver is filed 60 days before that meeting. The application must be accompanied by the recommendation of the Bureau and the appropriate agency for the licensing of facilities.
3. The Board will grant a waiver if it determines that good cause exists. The Board will not grant a waiver which will threaten public health or safety.
4. The Board will specify the length of time a waiver is in effect.
5. A waiver granted by the Board will be revoked before the expiration of the period of the waiver if, after a public hearing, the Board determines that the public health or safety is threatened or the basis upon which the waiver was granted no longer exists.
6. For the purposes of this section, "good cause" exists when an applicant is unduly burdened by a regulation of the Board and thereby suffers a severe hardship because of circumstances or conditions which are unique to him.
(Added to NAC by Bd. for Child Care, eff. 5-13-82; A 11-19-85)
1. A building used as a facility must, upon a change of operating ownership, comply with the provisions of this chapter and applicable building and safety codes.
2. The building plans for the construction of a new facility or the remodeling of an existing facility must be submitted to the Bureau for review before commencement of actual construction. Review of the plans does not constitute approval of an application for a license.
[Bd. for Child Care, Child Care Facilities Reg. § 3.5, eff. 2-28-80]--(NAC A 11-1-94)
1. Except as otherwise provided in this subsection, subsection 2 and NRS 432A.078, in each facility there must be:
(a) At least 35 square feet of indoor space for each child exclusive of bathrooms, halls, kitchen, stairs and storage spaces.
(b) At least 37 1/2 square feet of outdoor play space for each child, as determined by the maximum number of children stated on the license for the facility. An accommodation facility need not provide outdoor play space.
2. A facility that provides care for ill children must have:
(a) At least 50 square feet of indoor space for each child, as determined by the maximum number of children stated on the license for the facility, exclusive of bathrooms, halls, kitchen, stairs and storage spaces.
(b) A separate ventilation system if the facility is attached to another building.
3. The play area of each facility must:
(a) Be fenced or enclosed in a manner that prevents the unsupervised departure of children from the area;
(b) Have an adequate drainage system;
(c) Be free of hazards, debris and trash;
(d) If it is an outdoor play area, have trees or a structure which can provide adequate shade for the children using the area;
(e) Have resilient surfaces underneath any elevated play equipment;
(f) Have adequate safety barriers around any elevated platforms;
(g) Not have any dangerous or poisonous plants or other vegetative matter located within the boundaries of the play area or in an area that is accessible to children from the play area;
(h) Not be in a location where any bodies of water are accessible to children; and
(i) If it has playground equipment, have only equipment that is:
(2) Designed and constructed to minimize injury;
(3) Compatible with the age of the children in the care of the facility;
(4) Spaced to reduce accidents; and
4. If a facility that provides care for ill children is a component of a child care center and provides outdoor play space, the play space must:
(a) Be separate from the play space for well children;
(b) Meet the requirements of paragraph (b) of subsection 1; and
(c) Meet the requirements of subsection 3.
[Bd. for Child Care, Child Care Facilities Reg. § 3.6, eff. 2-28-80]--(NAC A 3-11-92; 11-1-94; R203-97, 4-1-98)
1. To maintain his license, the licensee must ensure that his facility meets all standards for environmental health which are established by the Bureau of Consumer Health Protection of the Health Division of the Department.
2. Reports of inspections concerning the sanitation of a facility must be maintained in a physical file at the facility and available for review at the facility by a parent of a child who attends the facility or a parent who is considering enrolling his child at the facility for at least 2 years after the date of the inspection.
[Bd. for Child Care, Child Care Facilities Reg. § 14.1, eff. 2-28-80]--(NAC A 11-1-94; R203-03, 7-1-2004)
All advertising by a licensee of a facility must specify the type of facility for which it is licensed and must not mislead the public regarding regular programs and services offered by the licensee.
[Bd. for Child Care, Child Care Facilities Reg. § 3.7, eff. 2-28-80]
1. Each licensee shall develop an appropriate plan to ensure that the staff of his facility is prepared to respond in an emergency, including, without limitation, a fire or natural disaster.
2. Each plan developed pursuant to subsection 1 must include, without limitation:
(a) The duties of the director and staff;
(b) A procedure for removing staff and children to a shelter within a building of the facility if the staff and children are instructed to do so by emergency personnel;
(c) A procedure for evacuating the facility;
(d) A plan for transportation;
(e) A list of sites that may be used for relocation;
(f) A plan for the supervision of the children of the facility during the emergency;
(g) The manner in which children and staff from the facility will be accounted for during the emergency; and
(h) The method for contacting emergency personnel, including, without limitation, the fire department, a law enforcement agency or any other appropriate authority.
3. The licensee of a facility shall hold:
(a) A fire drill at least once every month; and
(b) A drill for natural disasters at least once every 3 months.
4. Appropriate plans for removing the staff and children of a facility to a shelter within a building of the facility and for the evacuation of the facility in case of emergency must be conspicuously posted in a public place in the facility.
5. The director of the facility shall maintain a daily sign-in sheet that includes:
(a) The first and last names of staff and children; and
(b) The times of arrival and departure for staff and children.
6. To maintain his license, the licensee must ensure that his facility meets all standards for fire safety which are established by the State Fire Marshal.
7. The State Fire Marshal or his designee shall, at least annually:
(a) Enter and inspect every building or the premises of each facility; and
(b) Observe and make recommendations regarding the drills conducted pursuant to subsection 3.
8. Reports of the drills conducted pursuant to subsection 3 and the inspections concerning the fire safety of a facility conducted pursuant to subsection 7 must be maintained in a physical file at the facility and available for review at the facility by a parent of a child who attends the facility or a parent who is considering enrolling his child at the facility for at least 2 years after the date of inspection.
[Bd. for Child Care, Child Care Facilities Reg. § 15.1, eff. 2-28-80]--(NAC A 12-19-89; 11-1-94; R203-97, 4-1-98)
1. Each licensee of a facility shall have a working telephone listed in a local telephone directory. A current list of emergency telephone numbers, including health agencies, fire and police departments and ambulance services must be posted adjacent to the telephone.
2. Each licensee of a facility shall have a policy of insurance for protection against liability to third persons. A certificate of insurance must be furnished by the licensee of a facility to the Bureau as evidence that the policy is in force. Each policy must contain a provision which requires the insurer to notify the Bureau at least 30 days before cancellation or nonrenewal of the policy. The policy of insurance must be maintained at the facility. Any government, governmental agency or political subdivision of a government which operates a child care facility and is self-insured is not required to furnish a certificate of insurance to the Bureau.
3. If transportation is provided by the licensee of a facility, all children must be protected by adequate supervision by the staff, safety precautions and adequate insurance which covers liability for health or injury, medical expenses and damages caused by uninsured motorists. The licensee of a facility shall require that each child is instructed in the conduct required for safe transportation. A driver of a vehicle used by the licensee of a facility shall:
(a) Possess an appropriate driver's license and adequate insurance;
(b) Not leave an unattended child in the vehicle at any time;
(c) Ensure that a parent, or a person designated in writing by the parent, is present to take charge of a child upon delivery of the child to his home or the facility;
(d) Ensure that each child boards or departs the vehicle on the side of the vehicle adjacent to a curb and that the child is safely conducted across any street encountered immediately before boarding or after departing; and
(e) Ensure that the doors and windows of the vehicle are secure before proceeding.
4. If, during the time school is in operation, the licensee of a facility provides transportation for school-age children to and from a public or private school, the ratio of staff persons to children in the vehicle must be not less than one member of the staff for every 15 children. The driver of the vehicle may be counted as a staff person for the purposes of maintaining the required ratio.
[Bd. for Child Care, Child Care Facilities Reg. §§ 5.9-5.11, eff. 2-28-80]--(NAC A 1-29-85; 12-15-86; 12-17-87; 3-11-92)
1. The licensee of a child care facility other than a facility that provides care for ill children, an accommodation facility, a special needs facility or a family or group home shall:
(a) Serve as the director of the facility, if he has the qualifications of a director; or
(b) Appoint a suitably qualified person to serve as the director.
2. The director of such a facility must be at least 21 years of age and, except as otherwise provided in NAC 432A.485:
(a) Have earned a bachelor's or associate's degree and have completed at least 12 semester hours of education, of which:
(1) At least 6 semester hours are in child development; and
(2) At least 6 semester hours are in child development, child psychology, education related to the health of children or in courses directly related to these fields, of which not more than 3 semester hours may be in courses concerning the business of child care, and have at least 6 months of verifiable experience which is satisfactory to the Bureau in a program related to child education, early childhood development or child care;
(b) Have earned a high school diploma or, if approved by the Chief of the Bureau, a certificate based on general educational development, and have completed at least 12 semester hours of education, of which:
(1) At least 6 semester hours are in child development; and
(2) At least 6 semester hours are in child development, child psychology, education related to the health of children or in courses directly related to these fields, of which not more than 3 semester hours may be in courses concerning the business of child care, and have at least 2 years of verifiable, satisfactory experience in a program related to child education, early childhood development or child care;
(c) Have a current credential as a "Child Development Associate," which has been issued by the Council for Early Childhood Professional Recognition, Washington, DC 20005; or
(d) Have a combination of education and experience which, in the judgment of the Chief of the Bureau, is equivalent to that required by paragraph (a), (b) or (c).
3. Before a license is issued to a person to operate any child care facility for which a director is required, the person must submit a completed application for approval of the director. The application must be made on a form supplied by the Bureau. The applicant must sign an authorization which gives the Bureau permission to verify any information given in the application.
[Bd. for Child Care, Child Care Facilities Reg. §§ 8.1-8.3 & 8.5, eff. 2-28-80; § 8.4, eff. 2-28-80; A 2-5-82]--(NAC A 6-5-84; 5-29-86; 5-14-90; 3-11-92; R203-97, 4-1-98)
The regulation of the Board for Child Care filed with the Secretary of State on June 10, 1998 (LCB File No. R047-98), contains the following provisions not included in NAC regarding the amendment of this section by LCB File No. R203-97:
"1. A person who was approved before April 1, 1998, as:
(a) Director of a facility for which a director is required other than an accommodation facility or a family or group home;
(b) Director of a nursery for infants and toddlers;
(c) Program director of a preschool; or
(d) Director of a special needs facility, is not required to satisfy the amendatory provisions regarding the qualifications of directors set forth in LCB File No. R203-97, which was adopted by the Board for Child Care and was filed with the Secretary of State on April 1, 1998, so long as the person remains at the facility in that capacity.
2. If the person wishes to become director of a different facility or of a different program within his current facility, he must satisfy the amendatory provisions regarding the qualifications of directors set forth in LCB File No. R203-97, which was adopted by the Board for Child Care and was filed with the Secretary of State on April 1, 1998."
1. A licensee of a child care facility shall not knowingly appoint a person as director of the facility or appoint or permit the appointment of a person as an employee or volunteer at the facility if the person has been convicted of child abuse or neglect or any other crime involving physical harm to a person or if a criminal action for such a crime is pending against the person.
2. The staff of a child care facility must be able to:
(a) Work with children without recourse to physical punishment or psychological abuse;
(b) Communicate with children and their parents;
(c) Praise and encourage children and provide them with a variety of opportunities for learning and social experiences; and
(d) Recognize and eliminate hazards to the safety of children.
1. Except as otherwise provided in subsection 4, the director of a child care facility shall be present in the facility at least 25 hours per week during its hours of operation.
2. The director is responsible for screening, scheduling and supervising the staff of the facility, and for the conduct of each member of the staff at the facility.
(a) Provide a program for child care for the facility which meets the requirements of this chapter;
(b) Provide space for an office, the storage of records, conferences with parents, meetings of the staff and all other needs of the program for child care;
(c) Maintain records of personnel, enrollment, attendance and other activities;
(d) Work with parents and include them, whenever possible, in the programming and functioning of activities;
(e) Cooperate with the Bureau and other agencies of government to improve the quality of child care and the competence of caretakers; and
(f) Designate a member of the staff who is responsible for the operation of the facility when the director is not present at the facility.
4. If the facility is in operation 25 hours or less, the director shall be present in the facility during at least half the hours of operation.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A 11-19-85; 12-19-89)
1. Every caretaker of children in a child care facility must be:
(b) Able to summon help in an emergency; and
(c) Emotionally and physically qualified to carry out a program which places emphasis on the development of children.
2. Not more than 50 percent of the caretakers in a child care center, a child care institution or a preschool may be under 18 years of age. Any caretaker who is under 18 years of age and is employed in such a facility must:
(a) Have completed a course in the development of children which is approved by:
(1) An agency designated by the Director of the Department; or
(2) If the Director has not designated an agency, the Bureau or the local licensing agency; or
(b) Be currently enrolled in such a course.
3. A child care facility may not be operated unless a person who is 18 years of age or older is on the premises of the facility.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A by R203-03, 7-1-2004)
The regulation of the Board for Child Care filed with the Secretary of State on July 1, 2004 (LCB File No. R203-03), which amended this section, contains the following provisions not included in NAC:
1. Each person who, on July 1, 2004, is employed in a child care facility, other than in an accommodation facility or a facility that provides care for ill children, or is required pursuant to the amendatory provisions of NAC 432A.320 to satisfy the training and certification requirements set forth in NAC 432A.323 and section 3 of this regulation [NAC 432A.322], shall:
(a) Complete the 9 hours of training required pursuant to the amendatory provisions of NAC 432A.320 or subsection 1 of NAC 432A.323; and
(b) Obtain the certification in the administration of cardiopulmonary resuscitation required pursuant to the provisions of NAC 432A.320 or section 3 of this regulation [NAC 432A.322], within 12 months after July 1, 2004, unless the person has completed the training within the 12 months before July 1, 2004, or unless on July 1, 2004, the person is certified in the administration of cardiopulmonary resuscitation and that certification satisfies the requirements set forth in section 3 of this regulation [NAC 432A.322].
2. Evidence that such a person has completed the training required pursuant to subsection 1 and has obtained certification in the administration of cardiopulmonary resuscitation as required pursuant to subsection 1 must be included in his personnel file and must be kept at the facility.
3. With regard to training concerning the administration of first aid and the recognition of signs and symptoms of illness that is required pursuant to the amendatory provisions of NAC 432A.323, the evidence listed in NAC 432A.308 as adequate evidence of compliance is adequate evidence of compliance for the purposes of this section.
Sec. 20. Each person who on July 1, 2004, is a director or licensee of a child care facility or is a caretaker employed in a child care facility shall, within 12 months after July 1, 2004, and in addition to completing any training required pursuant to section 19 of this regulation and completing any course in the development of children required pursuant to NAC 432A.306, complete at least:
1. Three hours of training by completing a course in the development of children; and
2. Three hours of training in child care, unless the person has completed the training within the 12 months before July 1, 2004."
1. Whenever a child care facility is in operation, at least one of the caretakers on duty must have completed a program for the recognition of signs and symptoms of illness and the administration of first aid.
2. The program may be carried out in a classroom or on the job. The program must include training in health and the observation and evaluation of signs and symptoms of illness and responses to illness and emergencies, including the administration of first aid to victims of fire, serious injury or the ingestion of poison. The training must be provided by a licensed health care professional or a representative of a licensed health care agency or clinic, a community college, a university, the American National Red Cross, an adult education program in home nursing or another appropriate institution.
3. A licensee of a child care facility must present evidence to:
(a) An agency designated by the Director of the Department; or
(b) If the Director has not designated an agency, the Bureau or the local licensing agency, showing that caretakers on duty while the facility is operating are in compliance with the requirements of this section, described in subsection 4.
4. A certificate or other evidence of compliance issued by a licensed health care professional, a licensed health care agency or clinic, a community college, a university, the American National Red Cross, an adult education program in home nursing or another appropriate institution is adequate evidence of compliance.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A by R203-03, 7-1-2004)
1. Every member of the staff of a facility, including a volunteer, shall present to the director of the facility, to be placed in the employee's file, written evidence that the employee is free from communicable tuberculosis. The evidence must be in the form of a report that states that the employee is free from active tuberculosis as required pursuant to subsection 2 or 3.
2. Before a person, including a person who has received a bacillus Calmette-Guerin (BCG) vaccination, begins employment at a facility, he must have submitted to a:
(a) Mantoux tuberculin skin test; or
(b) Chest radiograph and examination by a provider of health care who is authorized to diagnose active tuberculosis, within the 12 months immediately preceding the first day of employment at the facility.
3. Every member of the staff of a facility, including a volunteer, shall submit to:
(a) A Mantoux tuberculin skin test; or
(b) An examination by a provider of health care who is authorized to diagnose active tuberculosis, at least once every 24 months after the date the skin test or chest radiograph and examination were conducted pursuant to subsection 2.
4. Each caretaker or member of the staff of a facility who has an identified health problem that may affect his ability to provide adequate care to children in a facility shall:
(a) Report the problem to the director of the facility or, if self-employed, to his licensing agency; and
(b) Submit to the director or, if self-employed, to his licensing agency, a written statement from a licensed physician attesting to the fact that the health of the caretaker does not endanger the children who are under his care in the facility.
5. Each director shall report to his licensing agency any health problem reported to him pursuant to subsection 4.
6. Each director or caretaker, if self-employed, shall immediately report to his licensing agency any person residing at his facility who contracts a serious communicable disease.
[Bd. for Child Care, Child Care Facilities Reg. § 13.1, eff. 2-28-80; A 2-5-82; § 13.2, eff. 2-28-80; A 3-17-82; § 13.3, eff. 3-17-82]--(NAC A 12-17-87; 3-11-92; R072-98, 8-3-98)
1. Newly employed members of the staff must be given an orientation program and trained by the director in the policies, procedures and programs of the facility.
2. If required by the director or owner of the facility, a member of the staff shall participate in any specialized training related to child care which is offered in the community where the facility is located.
3. A volunteer who works at least 20 hours per week in a facility and participates in specialized child care training, as defined by the director:
(a) Is a member of the staff of the facility for the purposes of this section; and
(b) Must satisfy the training and certification requirements set forth in NAC 432A.322, 432A.323 and 432A.326.
[Bd. for Child Care, Child Care Facilities Reg. § 9.1, eff. 2-28-80]--(NAC A 3-11-92; R203-03, 7-1-2004)
The regulation of the Board for Child Care filed with the Secretary of State on July 1, 2004 (LCB File No. R203-03), which amended this section, contains the following provisions not included in NAC:
1. Each person who, on July 1, 2004, is employed in a child care facility, other than in an accommodation facility or a facility that provides care for ill children, or is required pursuant to the amendatory provisions of NAC 432A.320 to satisfy the training and certification requirements set forth in NAC 432A.323 and section 3 of this regulation [NAC 432A.322], shall:
(a) Complete the 9 hours of training required pursuant to the amendatory provisions of NAC 432A.320 or subsection 1 of NAC 432A.323; and
(b) Obtain the certification in the administration of cardiopulmonary resuscitation required pursuant to the provisions of NAC 432A.320 or section 3 of this regulation [NAC 432A.322], within 12 months after July 1, 2004, unless the person has completed the training within the 12 months before July 1, 2004, or unless on July 1, 2004, the person is certified in the administration of cardiopulmonary resuscitation and that certification satisfies the requirements set forth in section 3 of this regulation [NAC 432A.322].
2. Evidence that such a person has completed the training required pursuant to subsection 1 and has obtained certification in the administration of cardiopulmonary resuscitation as required pursuant to subsection 1 must be included in his personnel file and must be kept at the facility.
3. With regard to training concerning the administration of first aid and the recognition of signs and symptoms of illness that is required pursuant to the amendatory provisions of NAC 432A.323, the evidence listed in NAC 432A.308 as adequate evidence of compliance is adequate evidence of compliance for the purposes of this section.
Sec. 20. Each person who on July 1, 2004, is a director or licensee of a child care facility or is a caretaker employed in a child care facility shall, within 12 months after July 1, 2004, and in addition to completing any training required pursuant to section 19 of this regulation and completing any course in the development of children required pursuant to NAC 432A.306, complete at least:
1. Three hours of training by completing a course in the development of children; and
2. Three hours of training in child care, unless the person has completed the training within the 12 months before July 1, 2004."
1. Each person who is employed in a child care facility, other than in an accommodation facility, shall:
(a) Except as otherwise provided in subsection 2 and NAC 432A.560 and 432A.570, obtain certification in the administration of cardiopulmonary resuscitation within 90 days after the person commences his employment in the facility; and
(b) Maintain current certification in the administration of cardiopulmonary resuscitation.
2. A person is not required to obtain the certification required pursuant to subsection 1 if, on the date that he commences his employment in the facility, he is certified in the administration of cardiopulmonary resuscitation and that certification satisfies the requirements set forth in this section.
3. The certification required pursuant to subsection 1 must include certification in administering cardiopulmonary resuscitation to children and:
(a) To infants, if care is provided to infants at the facility; and
(b) To adults, if necessary to ensure that the person is certified to administer cardiopulmonary resuscitation to children of all ages for which care is provided at the facility.
4. Each course completed to obtain and maintain the certification required pursuant to subsection 1 must be taught by a certified instructor who meets the standards of the American Heart Association or the American National Red Cross.
5. Evidence that an employee has obtained and maintained current certification in the administration of cardiopulmonary resuscitation as required pursuant to this section must be included in his personnel file and must be kept at the facility.
(Added to NAC by Bd. for Child Care, eff. 7-1-2004)
The regulation of the Board for Child Care filed with the Secretary of State on July 1, 2004 (LCB File No. R203-03), the source of this section (section 3 of the regulation), contains the following provisions not included in NAC:
"1. Each person who, on July 1, 2004, is employed in a child care facility, other than in an accommodation facility or a facility that provides care for ill children, or is required pursuant to the amendatory provisions of NAC 432A.320 to satisfy the training and certification requirements set forth in NAC 432A.323 and section 3 of this regulation [NAC 432A.322], shall:
(a) Complete the 9 hours of training required pursuant to the amendatory provisions of NAC 432A.320 or subsection 1 of NAC 432A.323; and
(b) Obtain the certification in the administration of cardiopulmonary resuscitation required pursuant to the provisions of NAC 432A.320 or section 3 of this regulation [NAC 432A.322], within 12 months after July 1, 2004, unless the person has completed the training within the 12 months before July 1, 2004, or unless on July 1, 2004, the person is certified in the administration of cardiopulmonary resuscitation and that certification satisfies the requirements set forth in section 3 of this regulation [NAC 432A.322].
2. Evidence that such a person has completed the training required pursuant to subsection 1 and has obtained certification in the administration of cardiopulmonary resuscitation as required pursuant to subsection 1 must be included in his personnel file and must be kept at the facility.
3. With regard to training concerning the administration of first aid and the recognition of signs and symptoms of illness that is required pursuant to the amendatory provisions of NAC 432A.323, the evidence listed in NAC 432A.308 as adequate evidence of compliance is adequate evidence of compliance for the purposes of this section."
1. Except as otherwise provided in subsection 3, within 90 days after commencing his employment in a child care facility, each person who is employed in a child care facility, other than in an accommodation facility or a facility that provides care for ill children, shall complete at least 9 hours of training which must include:
(a) Training received for the purposes of obtaining certification in the administration of cardiopulmonary resuscitation as required pursuant to NAC 432A.322; and
(1) The administration of first aid;
(2) The recognition of signs and symptoms of illness;
(3) The recognition of child abuse and neglect; and
(4) The reporting requirements relating to child abuse and neglect.
2. Except as otherwise provided in subsection 3, within 12 months after commencing a position as a director of a child care facility, obtaining a license to operate a child care facility or commencing employment as a caretaker in a child care facility, each such director, licensee and caretaker shall, in addition to completing any training required pursuant to subsection 1 and completing any course in the development of children required pursuant to NAC 432A.306, complete at least:
(a) Three hours of training by completing a course in the development of children; and
(b) Three hours of training in child care.
3. A person is not required to complete:
(a) The training required pursuant to subsection 1 for the purpose of obtaining certification in the administration of cardiopulmonary resuscitation if on the date that he commences his employment in the facility he is certified in the administration of cardiopulmonary resuscitation and that certification satisfies the requirements set forth in NAC 432A.322.
(b) Any other training required pursuant to subsection 1 or 2 if he has completed that training within the previous 12 months.
4. The training concerning the administration of first aid and the recognition of signs and symptoms of illness that is required to be completed pursuant to this section must be provided by one of the persons, agencies or institutions listed in NAC 432A.308 as qualified to provide such training.
5. The training required pursuant to subsections 1 and 2 must be designed to:
(a) Ensure the protection of the health and safety of each child accommodated in the facility; and
(b) Promote the physical, moral and mental well-being of each child accommodated in the facility.
6. If the facility is a special needs facility, the training required pursuant to subsections 1 and 2 must also be designed to provide information on the characteristics of handicapping conditions and appropriate programs for children with special needs. The training must be established or approved by:
(a) An agency designated by the Director of the Department; or
(b) If the Director has not designated an agency, the Bureau or the local licensing agency.
7. Evidence that an employee has completed the training required pursuant to subsections 1 and 2 must be included in his personnel file and must be kept at the facility. With regard to training concerning the administration of first aid and the recognition of signs and symptoms of illness, the evidence listed in NAC 432A.308 as adequate evidence of compliance is adequate evidence of compliance for the purposes of this section.
(Added to NAC by Bd. for Child Care, eff. 8-31-84; A 5-14-90; 3-11-92; R203-97, 4-1-98; R203-03, 7-1-2004)
The regulation of the Board for Child Care filed with the Secretary of State on July 1, 2004 (LCB File No. R203-03), which amended this section, contains the following provisions not included in NAC:
"Sec. 19. 1. Each person who, on July 1, 2004, is employed in a child care facility, other than in an accommodation facility or a facility that provides care for ill children, or is required pursuant to the amendatory provisions of NAC 432A.320 to satisfy the training and certification requirements set forth in NAC 432A.323 and section 3 of this regulation [NAC 432A.322], shall:
(a) Complete the 9 hours of training required pursuant to the amendatory provisions of NAC 432A.320 or subsection 1 of NAC 432A.323; and
(b) Obtain the certification in the administration of cardiopulmonary resuscitation required pursuant to the provisions of NAC 432A.320 or section 3 of this regulation [NAC 432A.322], within 12 months after July 1, 2004, unless the person has completed the training within the 12 months before July 1, 2004, or unless on July 1, 2004, the person is certified in the administration of cardiopulmonary resuscitation and that certification satisfies the requirements set forth in section 3 of this regulation [NAC 432A.322].
2. Evidence that such a person has completed the training required pursuant to subsection 1 and has obtained certification in the administration of cardiopulmonary resuscitation as required pursuant to subsection 1 must be included in his personnel file and must be kept at the facility.
3. With regard to training concerning the administration of first aid and the recognition of signs and symptoms of illness that is required pursuant to the amendatory provisions of NAC 432A.323, the evidence listed in NAC 432A.308 as adequate evidence of compliance is adequate evidence of compliance for the purposes of this section.
Sec. 20. Each person who on July 1, 2004, is a director or licensee of a child care facility or is a caretaker employed in a child care facility shall, within 12 months after July 1, 2004, and in addition to completing any training required pursuant to section 19 of this regulation and completing any course in the development of children required pursuant to NAC 432A.306, complete at least:
1. Three hours of training by completing a course in the development of children; and
2. Three hours of training in child care, unless the person has completed the training within the 12 months before July 1, 2004."
1. During each 12-month period immediately succeeding the completion of the initial training required pursuant to NAC 432A.323, each director and licensee of a child care facility and each caretaker who is employed at the facility shall participate in a program of training in child care for at least 15 hours, of which not more than 3 hours may be training in the administration of cardiopulmonary resuscitation, including a course completed to maintain the certification required pursuant to NAC 432A.322. The program may be in the form of:
(c) Training at a child care facility during the period of employment.
2. Any training included in the program relating to the administration of cardiopulmonary resuscitation must be taught by a certified instructor who meets the standards of the American Heart Association or the American National Red Cross.
3. The program must be provided or approved by:
(a) An agency designated by the Director of the Department; or
(b) If the Director has not designated an agency, the Bureau or the local licensing agency.
4. A director, licensee or caretaker described in subsection 1 may not receive credit toward the program of training required pursuant to subsection 1 for hours of training received concerning the administration of first aid or concerning the recognition of signs and symptoms of illness more than once every 36 months.
(Added to NAC by Bd. for Child Care, eff. 8-31-84; A 3-11-92; R203-97, 4-1-98; R203-03, 7-1-2004)
1. Procedures for admission must provide the caretaker with sufficient information and instruction from the parents to enable the caretaker to prepare a record and to make decisions or act on behalf of the child.
2. Before the admission of a child to a facility, the parent shall give the following information to the caretaker:
(a) The child's full legal name, date of birth, current address and preferred name;
(b) The name, address and telephone number of each parent responsible for the child and any special instructions needed to reach the parent during the hours the child is in the facility;
(c) The name, address and telephone number of any person who can assume responsibility for the child and is authorized to take the child from the facility if the parents cannot be reached;
(d) Information concerning the health of the child, including any special needs of the child; and
(e) A written authorization signed by a parent which allows emergency surgical and medical care.
3. The caretaker shall, unless the facility is an accommodation facility:
(a) Make a record for each child that includes the date the record was prepared and the date the child is scheduled to attend the facility; and
(b) Maintain each record in good order.
[Bd. for Child Care, Child Care Facilities Reg. § 5.8, eff. 2-28-80]--(NAC A 12-19-89; 3-11-92; 11-1-94)
1. Every licensee of a facility shall adopt a written statement which:
(a) Sets forth the general services to be offered to the children;
(b) Provides for the special needs of each child;
(c) States the requirements for admission and procedures for enrollment;
(d) Sets forth fees and any plan for payment of fees;
(e) Provides rules relating to personal belongings brought to the facility;
(f) Covers arrangements for transportation;
(g) Requires written parental permission for trips and activities outside the facility;
(h) Provides for parental involvement in the general functions of the facility;
(i) Gives either or both parents the right to observe the program of the licensee before enrollment and at any time after enrollment of the child;
(j) Notifies either or both parents if smoking of tobacco is permitted on the premises of the facility in a designated area approved by the fire authority;
(k) Notifies either or both parents if and when a member of the staff who is trained and certified in cardiopulmonary resuscitation (CPR) is on duty at the facility; and
(l) Notifies either or both parents of the contents of any plan created pursuant to NAC 432A.280 to ensure that the staff of the facility is prepared to respond to an emergency.
2. In addition to the information required by subsection 1, a licensee for a facility that provides care for ill children shall adopt criteria for admission that set forth:
(a) The illnesses and disabilities that are accepted;
(b) The illnesses and disabilities that are not accepted;
(c) The ages of children served by the facility;
(d) The information required from a parent before a child may be admitted to the facility; and
(e) The procedures to be followed by the staff of the facility in the event of an emergency.
3. Every licensee shall provide a copy of the statement described in subsection 1 to each paid or volunteer member of its staff, to each parent of a child enrolled in the facility and to the Bureau.
4. The name, business address and business telephone number of any person who has legal or administrative responsibility for the facility must be provided to each parent of a child enrolled in the facility and to the Bureau.
5. The licensee of a facility shall notify each parent of a child enrolled in the facility and the Bureau of significant changes in the services offered by the facility.
[Bd. for Child Care, Child Care Facilities Reg. §§ 5.1-5.4, eff. 2-28-80]--(NAC A 11-19-85; 12-19-89; 10-11-90; 3-11-92; R203-97, 4-1-98)
1. The licensee of a facility shall not disclose to any person who is not a member of the staff of the facility or a member of the licensing staff of the Bureau information pertaining to any child, unless:
(a) The parent has given written permission for the disclosure; or
(b) There is an emergency as determined by the director or the member of the staff who is in charge at the time of the emergency.
2. The licensee of a facility shall have available forms which allow a parent to release information pertaining to his child.
[Bd. for Child Care, Child Care Facilities Reg. §§ 5.5 & 5.6, eff. 2-28-80]
1. Evidence of each child's health must be presented to the director of a facility, other than an accommodation facility or a facility that provides care for ill children, within 30 days after his initial admission. The evidence must include a written statement from a licensed physician or registered nurse attesting to the status of the child's health and stating that all known special conditions are under treatment and the child is capable of adjusting to the programs of the facility.
2. A licensee of each such facility shall keep a record of each child which includes any pertinent information on the status of the child's health and any special needs of the child.
[Bd. for Child Care, Child Care Facilities Reg. §§ 11.1-11.9, eff. 2-28-80]--(NAC A 6-5-84; 1-29-85; 11-19-85; 3-11-92)
1. An easily understandable chart describing first aid and emergency treatment must be available in each facility. A well-stocked first-aid kit must be readily available at all times.
2. Every licensee of a facility other than an accommodation facility shall have written provisions for:
(a) Consulting with physicians or registered nurses regarding the health of the children;
(b) Obtaining assistance in developing and maintaining current health policies; and
(c) Informing members of the staff on matters of health affecting the children, including dental health and personal cleanliness and care.
3. A written directory of emergency health services must be readily available in the facility. The directory must include the name, address and telephone number of:
(a) A hospital, clinic or other constantly staffed medical facility; and
(b) A physician or registered nurse to be called for each child if the parents of the child have signed a written agreement stating that the person is acceptable.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A 3-11-92)
1. If a child becomes seriously ill or injured in a child care facility, other than a facility that provides care for ill children, he must be immediately isolated from other children and placed under appropriate supervision. A parent, a person designated by a parent or a physician designated by a parent, must be promptly notified and the child must be removed from the facility as quickly as possible. Members of the staff of a facility shall not administer any medical treatment, except emergency first aid and prescribed medications to the child.
2. If a member of the staff transports or accompanies a child for professional emergency care, he shall remain with the child until the parents assume responsibility for the care of the child.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A 3-11-92)
Except as otherwise provided in NAC 432A.585:
1. Each prescribed medication must be plainly labeled, contain the name of the child or adult for whom it is prescribed and be stored in a locked cabinet or be made inaccessible to children. Medications for external use must be kept in a separate section of the locked cabinet. Medications stored in a refrigerator must be made inaccessible to children.
2. Except in an emergency, only one person designated by the licensee of a facility may administer medications to children.
3. The licensee of a facility shall maintain a written record containing:
(a) The name of each medication administered;
(b) The name of the child to whom it was administered; and
(c) The date and time on which it was administered on a weekly basis. The record must be kept in the child's file.
4. A prescribed medication must, upon discontinuance of use, be promptly destroyed or returned to the child's parent.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A 3-11-92)
1. Upon the occurrence of any accident or injury which requires emergency professional medical care of a child, the director, operator or owner of each facility shall report the occurrence to the Bureau or local licensing agency as soon as possible and shall keep on file at the facility a report of the occurrence.
2. If the director, operator or owner of a facility finds that any reportable communicable disease may be present in the facility, he shall report that condition to the Bureau or local licensing agency as soon as possible. The Bureau or local licensing agency shall provide the list of reportable communicable diseases to all licensees and applicants.
3. The director, operator or owner of each facility shall report as soon as possible to the Bureau or local licensing agency the death of any child who attends or lives in the facility.
(Added to NAC by Bd. for Child Care, eff. 6-5-84; A 11-1-94)
1. To the extent set forth in subsection 3, a licensee of a facility shall meet the daily nutritional needs of each child. Meals and snacks must be of a quality and quantity which supplements the food served at home. Cultural and ethnic foods which are appropriate for children must be considered in planning meals. To the extent possible, information provided by parents concerning their child's eating habits and preferences or special needs regarding food must be considered in planning for meals.
2. A licensee of a facility shall consult the Bureau or local licensing agency or some other public agency for nutritional information which is applicable to children of ages receiving care at the facility.
3. A licensee of a facility shall serve every child who stays in the facility:
(a) For 5 or more but less than 10 hours per day, a quantity of food which will supply at least one-third of the recommended dietary allowance established by the Food and Nutrition Board of the National Academy of Sciences.
(b) For 10 or more hours per day, a quantity of food which will supply at least one-half of the recommended dietary allowance established by that Board.
4. Foods and beverages which are sweet or have little nutritional value must not be served to children except as an addition to the meals or snacks served to comply with the requirements of subsection 3.
5. Every menu must be in writing, dated, planned a week in advance, and kept on file in the facility for at least 90 days after the corresponding meal is served. The licensee of a facility shall post the current menu, including any changes, in the kitchen and in a public place within the facility convenient for parental inspection. Family homes and group homes are exempt from the requirements of this subsection.
6. A child may bring his lunch to a facility in a properly identified bag or other container. The licensee of a facility shall refrigerate such lunches or place them in a cold, protected area.
7. A child is not allowed in the kitchen of any facility unless he is supervised.
8. Whenever possible, members of the staff of the facility must eat with the children and encourage them to eat a variety of food and observe table manners.
9. Drinking water must be freely available to all children at all times.
10. Food must not be used as a basis for discipline or reward. Children should be encouraged, but must not be forced, to eat.
(Bd. for Child Care, Child Care Facilities Reg. §§ 12.1-12.10, eff. 2-28-80]--(NAC A 6-5-84)
1. The staff of each facility shall:
(a) Provide appropriate and adequate seating for the children at the facility during snacks and meals;
(b) If a high chair is used, ensure that the chair:
(3) Has a safety belt for the child;
(c) Wash with a detergent and disinfect after each use any chair or table that is used during a snack or meal;
(d) Allow, encourage and assist each child to feed himself, including, without limitation, encouraging a child to hold and drink from a cup, use a spoon and use his fingers to feed himself;
(e) Offer each child drinking water at times other than during his regular feedings;
(f) Discard any food that is left in a dish after a meal;
(g) Store each bottle of formula and container of food in accordance with the instructions from the manufacturer of the formula or food;
(h) Label each bottle of formula and container of food with the name of the child to whom it belongs and the date the formula or food was prepared by the facility or was prepared or purchased by the parent;
(i) Immediately refrigerate and label each container of breast milk provided by a parent;
(j) Return each bottle to the appropriate parent each day;
(k) Return any unused, open container of food to the appropriate parent each day if the child was not fed directly from the container of food; and
(l) Develop with the parents of a child a plan for feeding the child, which must include, without limitation:
(2) Any special dietary restrictions, including, without limitation, any allergies to food;
(3) A schedule of times for feeding;
(4) Whether the child will be fed breast milk, formula or solid food;
(5) If the child will be fed breast milk or formula, when to begin feeding solid food; and
(6) Likes and dislikes of certain foods.
2. A child who is fed with a bottle and does not hold his own bottle must be held by a caretaker while being fed with a bottle. The bottle must not be propped for feeding. A child who demonstrates a preference for holding a bottle during feeding may hold his own bottle and need not be held by a caretaker if the caretaker is directly observing the child.
3. The staff of a facility may feed a child commercially prepared baby food directly from the jar in which it was packaged or from a separate dish. If the staff feeds the child from the jar, the staff shall discard the jar after it is used.
(Added to NAC by Bd. for Child Care by R203-97, eff. 4-1-98; A by R047-98, 6-10-98; R072-98, 8-3-98)
1. Every licensee of a facility shall develop a program to meet the basic needs of children for:
(a) Good health and normal physical development;
(c) Stimulating language and communicative experiences;
(d) The attention, acceptance and affection of others;
(e) Opportunities to experience success and to test mental, physical and social skills;
(f) Self-identity and a sense of competence and worth;
(g) The security provided by gentle discipline;
(h) Relations with others which set forth the rights of adults and the rights of children;
(i) Learning experiences planned with the aid of the child's parents which ensure harmony with the life style and cultural background of the child;
(j) Activities which facilitate social growth and adjustment; and
(k) The time and opportunity to learn independence and personal care.
2. A licensee of a facility shall teach each child personal hygiene. The licensee of a facility shall require all children to wash before meals and after using a toilet.
3. If the weather permits, all children must have a daily period of outdoor play. A licensee of a facility shall provide opportunities for active play which builds muscles such as climbing, jumping, running and playing with toys which have wheels. The quantity and quality of materials and equipment must be sufficient to avoid excessive competition between the children and long waiting periods to use the materials or equipment.
4. Every child who is in a facility for more than 5 hours per day must have a period for a nap during the day. A child who cannot sleep must rest during the period provided for a nap. The licensee of a facility shall provide a cot, mat or bed for each child.
5. The amount, variety and arrangement and use of materials and equipment used in a facility must be appropriate to the developmental needs of the children cared for in the facility. Materials must be stored in a manner that allows children to select, remove and replace the materials independently or with minimal assistance.
6. Furniture must be durable, safe and intended for use by children or appropriately adapted for use by children.
7. A licensee of a facility shall provide space for the storage of the children's clothing and the storage must be within easy reach of the children.
[Bd. for Child Care, Child Care Facilities Reg. §§ 6.1-6.8, eff. 2-28-80]
1. A licensee of a facility shall enhance a child's behavior through positive guidance, redirection of the child's behavior and the setting of clear-cut limits on behavior.
2. A member, employee or other person associated with a facility shall not, for any reason:
(a) Inflict physical punishment, in any manner or form, upon any child;
(b) Verbally abuse or threaten a child;
(c) Make derogatory remarks about the child or his family;
(d) Threaten a child with the loss of love of any person;