Georgia Georgia

Licensing Standards for DayCare Centers


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Section 290-2-2-.09
Administration and Staff Requirements

 

If the holder of the license or commission is not an individual serving as  

the actual administrator or director of the center, the holder of the license  

or commission shall appoint and identify to the department in writing an  

administrator or director who shall be responsible for the day-to-day  

operation and management of the center.  

 

(a) If the administrator is absent from the center at any time during the  

hours of operation, there shall be an officially designated person on the  

center site to assume responsibility for the operation of the center who  

shall have full access to all records required to be maintained under these  

rules.  

 

(b) Staffing Requirements for Administrator.  The holder of a 

license or commission issued after the effective date of these rules who  

serves as the administrator of the center and the administrator of a center  

hired after the effective date of these rules must meet the following  

minimum requirements throughout employment: 

 

1. Never have been shown by credible evidence, e.g. a court or jury, a  

department investigation or other reliable evidence to have abused,  

neglected or deprived a child or adult or to have subjected any person to  

serious injury as a result of intentional or grossly negligent misconduct as  

evidenced by an oral or written statement to this effect obtained at the  

time of application; and 

 

2. Be at least twenty-one (21) years of age; and 

 

3. 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 and which dealt with the provision of emergency  

care to infants and children; and  

 

4. Not be suffering from any physical handicap or mental health  disorder,  

which would interfere with the applicant's ability to perform adequately  

the job duties of providing for the care and supervision of the children  

enrolled in the center in accordance with these rules; and  

 

5. Not have a criminal record; and 

  

6. Participate in the orientation and training required by these rules; and  

 

7. Not have made any material false statements concerning qualifications  

requirements either to the department or the proposed licensee;   and 

 

8. Meet one of the following sets of minimum academic requirements and  

qualifying experiences at the time of employment:  

 

(i) a high school diploma or general education diploma (G.E.D.) and one  

(1) year of qualifying child care experience; or  

 

(ii) a Child Development Associate credential, or a Child Development  

and Related Care Diploma from a vocational institute accredited by the  

Commission on Colleges of the Southern Association of Colleges and  

Schools, or similar credential where the course of study includes an  

intensive practicum in child care as part of the curriculum and which is  

approved by the department; or  

 

(iii) an associate's degree in early childhood education and six (6) months  

of qualifying child care experience; or  

 

(iv) a bachelor's degree from an accredited college or university in a field  

other than early childhood education or child development and three (3)  

months qualifying work experience; or 

 

(v) a bachelor's degree from an accredited college or university in early  

childhood education and child development. 

 

(c) Staffing Requirements for Teachers/Lead Caregivers.  The center shall  

have a designated teacher/lead caregiver for each group of children.  The  

teacher/lead caregiver, hired after the effective date of these rules, shall  

meet all of the following minimum requirements: 

 

1. Never have been found by credible evidence, e.g. a court or jury, a  

department investigation or other reliable evidence to have abused,  

neglected or deprived a child or adult or to have subjected any person to  

serious injury as a result of intentional or grossly negligent misconduct as  

initially evidenced by an oral or written statement to this effect obtained  

by the administrator from the employee at the time of hiring; and 

 

2. Be at least eighteen (18) years of age; and  

 

3. 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 and which dealt with the provision of emergency  

care to infants and children if the caregiver is to be counted as part of the  

fifty percent (50%) of the child care staff with the required current  

evidence of CPR and first aid training; and 

 

4. Not be suffering from any physical handicap or mental health  disorder,  

which would interfere with the person's ability to  

 

perform assigned job duties adequately and in accordance with these  

rules; and 

 

5. Not have a criminal record; and 

 

6. Have either a high school diploma or general education diploma (GED)  

or one (1) year's qualifying child care experience if hired after the  

effective date of these rules; and 

 

7. Participate in the orientation and training required by these rules; and  

 

8. Not have made any material false statements concerning qualifications  

requirements either to the department or the licensee or administrator. 

 

(d) Staffing Requirements for Caregivers/Aides.  The center may employ  

caregivers/aides to assist the teacher/lead caregiver in the care of the  

children in any group within the center. No caregiver/aide shall be solely  

responsible for a group of children. Caregivers/aides shall meet all of the  

following minimum requirements if hired after the effective date of these  

rules: 

 

1. Never have been found by credible evidence, e.g. a court or jury, a  

department investigation or other reliable evidence to have abused,  

neglected or deprived a child or adult or to have subjected any person to  

serious injury as a result of intentional or grossly negligent misconduct as  

evidenced initially by an oral or written statement to this effect obtained  

at the time of caregiver's employment; and 

 

2. Be at least sixteen (16) years of age; and 

 

3. 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 and which dealt with the provision of emergency  

care to infants and children if the caregiver is to be counted as part of the  

fifty percent (50%) of the child care staff with the required . current  

evidence of CPR and first aid training; and 

 

4. Not be suffering from any physical handicap or mental health  disorder,  

which would interfere with the person's ability to perform assigned job  

duties adequately and in accordance with these rules; and 

 

5. Not have a criminal record; and  

 

6. Participate in the orientation and training required by these rules; and 

 

 

7. Not have made any material false statements concerning qualifications  

requirements either to the department or the licensee or administrator. 

 

(e) General Staffing Requirements.  The center shall have quali- fied and  

sufficient direct-care, clerical, housekeeping and maintenance employees  

to insure full compliance with these rules without neglecting 

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the supervision of the children.  Staff shall supervise all independent  

contractors, volunteers, chaperons, and students in training whenever they  

are in the presence of children.  The center staffing policies shall comply  

with the following: 

 

1. Contagious Diseases.  Staff, or any other persons being supervised by  

the staff, shall not be allowed in the center who knowingly have, or  

present symptoms of a fever or diarrhea. 

 

2. Smoking Limited.  Staff, or other persons, shall not smoke or use  

tobacco except in designated enclosed rooms or areas which are totally  

separated from the child care areas either within the center premises, on  

the center playgrounds or on any vehicle being used to transport children  

during the hours that the center is in operation. 

 

3. Prohibited Substances.  Staff, chaperons and students in training shall  

not be under the influence of or consume alcohol, marijuana or other  

controlled substances on the center premises during the hours of operation  

or at any other time or place where there are children present for whom  

the center staff is responsible. 

 

4. Assignment of Employees.  Staff with diaper changing responsibilities  

shall not be simultaneously assigned to kitchen food preparation duties. 

 

5. Work Schedules.  Staff shall not regularly be scheduled to perform  

child care duties for more than twelve (12) hours within any twenty-four  

(24) hour period. 

 

6. Substitute Employees.  The center shall provide for substitute staff  

when regular staff is absent from work. All substitute employees shall be  

at least eighteen (18) years of age.  Substitute caregiver staff shall be  

informed of these rules and the center's policies and procedures for the  

age group for which they will be providing care.  Substitute service staff  

shall be informed of the center's policies and procedures necessary to the  

proper performance of their job duties in compliance with these rules. 

 

7. First Aid and CPR.  At least fifty percent (50%) of the caregiver staff  

shall have current evidence of first aid training and cardiopulmonary  

resuscitation.  There must always be an employee with current evidence  

of first aid training and CPR on the center premises whenever children are  

present and on any center-sponsored field trip. 

 

 

 

(f) Staff Training.  Prior to assignment to children or task, all employees  

hired after the effective date of these rules  

 

shall be oriented in accordance with these rules.  Employees continuing to  

be employed with the center after the effective date of these rules shall  

receive the on-going training set forth below in subsection (b). 

 

1. Orientation.  Orientation shall include instruction in: 

 

(i) The center's policies and procedures, 

 

(ii) Emergency weather plans, 

 

(iii) The employee's assigned duties and responsibilities, 

 

(iv) Reporting requirements for suspected cases of child abuse, neglect or  

deprivation; communicable diseases and serious injuries, 

 

(v) the rules and regulations set forth in Rule 290-2-2-.11, .12,.13 and .14.  

Such instruction shall require new staff to be generally familiar with the  

health and safety requirements for caring for the children that are set forth  

in the specified sections. 

 

(vi) Childhood injury control, 

 

(vii) Within the first year of employment, all employees hired after the  

effective date of these rules, who provide any direct care to the children,  

shall obtain ten (10) clock hours of training or instruction from an  

accredited school or department-approved source in child care issues.  

Custodial, maintenance personnel or volunteers, who provide no direct  

care to the children, do not have to meet this training requirement. At  

least six (6) of the clock hours must be divided as follows: 

 

(I) Four (4) clock hours of training in any of the following topics: disease  

control, cleanliness, basic hygiene, illness detection, illness disposition  

and childhood injury control; 

 

(II) Two (2) clock hours of training in identifying, reporting and meeting  

the needs of abused neglected or deprived children; and 

 

(viii) Within the first year of employment, the administrator and the  

person primarily responsible for food preparation hired after the effective  

date of these rules shall receive four (4) clock hours of training in food  

nutrition planning, preparation, serving, proper dish washing and food  

storage. 

 

2. Ongoing Training.  Within one (1) year of the effective date of these  

rules and thereafter on an annual basis, all supervisory and caregiver  

personnel (regardless of the date of hiring) shall attend ten (10) clock  

hours of training which is task focused in early childhood education or  

child development 

 

or subjects relating to job assignment and is offered by an accredited  

college, university or vocational program or other department-approved  

source. 

 

3. Documentation of Training.  Evidence of orientation and training shall  

be documented in the personnel file of each staff member which shall be  

available to the department for inspection. 

 

(g) Grouping of Children and Staff: Child Ratios.  The center must  

establish groupings of children for care which comply with the staffing  

ratios and requirements set forth below.  Staff, such as the director or  

service workers (food, maintenance, and clerical staff, etc.), shall be  

counted in the staff:child ratio only during the time that they are giving  

full attention to the direct supervision of the children. Service staff  

routinely acting as child care workers shall meet the qualifications of the  

respective caregivers. 

 

1. Employees shall be assigned so that in so far as possible children  

receive care from the same employee each day; 

 

2. Children shall be supervised at all times. 

 

3. Unless otherwise provided in these rules the following staff:child ratios  

and maximum number of children in a group shall be maintained by the  

center whenever it is open as of the date specified: 

 

As of the effective date of these rules, the ratios shall be: 

 

Group Age 

 

Infancy to 1-1/2 yrs 

1-1/2 yrs to 2-1/2 yrs 

2-1/2 yrs to 3-1/2 yrs 

3 to 4 years 

 

No. of 

Adults 

1 

1 

1 

1 

 

No. of 

Children 

 

3-7 

4-10 

5-12 

10-15 

 

 

4 to 5 years 

5 to 6 years 

6 years and older 

 

l 

 

As of September 1, 1991, the ratios shall be: 

 

Ages of Children 

 

Infants less than one (1) year old or children under eighteen (18) months  

who are not walking One (1) years old who are walking Two (2) year olds  

Three (3) year olds Four (4) year olds Five (5) year olds Six (6) year olds 

 

15-18 

15-20 

20-25 

 

Staff:Maximum 

Child:Group 

Ratio:Size 

 

1:6      12 

1:8      16 

1:10     20 

1:15     30 

1:18     36 

1:20     40 

1:25     50 

 

4. Children may be combined in mixed-age groups provided that infants  

and children younger than three (3) years are not grouped with children  

three (3) years and older except as set forth below.  In mixed-age groups,  

the required staff:child ratios shall be based on the ages of the youngest  

children in the group if more than twenty percent (20%) of the children in  

the mixed-age group belong to younger age grouping(s). 

 

(i) During early morning times of arrival and late afternoon times of  

departure, infants and children younger than three (3) years may be  

grouped with older children so long as staff: child ratios and group size  

are met based upon the age of the youngest child in the group. 

 

(ii) Children who turn three (3) years of age during the regular school year  

may remain grouped with other two (2) year olds for the remainder of the  

school year provided that the continued placement in the younger group is  

with the agreement of the older child's parents and is developmentally  

appropriate for the child. 

 

 

 

5. Maximum group size does not apply to outdoor play on the playground  

routinely used by the center or for special activities in the center lasting  

no more than two (2) hours. However, required staff:child ratios must be  

maintained. 

 

 

 

 

 

6. During day-time scheduled rest or sleeping periods for children ages  

three (3) years and older, the staff:child ratio may be double the number  

of children to each staff required by Rule 290-2-2.09(g)3. provided that: 

 

(i) At least one (1) staff person is in each room providing direct  

supervision of the children; and 

 

(ii) All staff required by Rule 290-2-2-.09(g)3. relating to staff: child  

ratios are in the center and available to assure safe evacuation in an  

emergency. 

 

7. Staff:child ratios as required in Rule 290-2-2-.09(g)3. shall be  

maintained during evening and nighttime care except when a majority of  

the children are sleeping when the ratios may be doubled in those areas  

where the majority of the children are sleeping.  However, the staff  

required by the regular staff:child ratios set forth in Rule 290-2-2-.09(g)3.  

must be available on the premises of the center to resume supervision of  

the children whenever a majority of the children in care in an area are no  

longer asleep or an emergency situation arises. 

 

(h) Staffing Requirements for Water Related Activities. Whenever the  

center chooses to allow the children to participate in water-related  

activities, such as swimming, fishing, boating or wading, the center shall  

determine that the persons supervising the children for water-related  

activities meet the following training requirements, whether or not these  

persons are employed by the center. The center shall also provide for the  

following special staff:child ratios during the water-related activity. 

 

1. Staff and Training Requirements. There must be a minimum of one (1)  

center staff member on duty directly supervising the children at all times  

when one (1) or more children are engaged in water-related activities.  

Where the water is over two (2) feet deep, either the center staff member  

or the employee provided by the water facility to supervise the use of the  

facility by children must have the following: 

  

(i) current evidence of having completed successfully a training program  

in lifeguarding offered by a water-safety instructor certified by the  

American Red Cross or YMCA or YWCA or other recognized standard  

setting agency for water safety instruction. However, this advanced life 

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saving training is only required if the children will be in water that is over  

two (2) feet in depth; and 

 

 

2. Staff:Child Ratios for Water-Related Activities. The center shall also  

maintain the following staff:child ratios during any water-related  

activities: 

 

(i) For water-related activities in water over two (2) feet in depth, the  

center staff shall provide continuous supervision of the children in  

accordance with the following: 

 

Ages of Children 

Staff:Child Ratio 

Under two and one-half (2-1/2) yrs.1:2  

Two and one-half (2-1/2) to four (4) yrs.1:5  

Four (4) yrs. and older who cannot swim a 

distance of fifteen (15) yards unassisted 1:6  

Four (4) yrs. and older who can swim a 

distance of fifteen (15) yards unassisted 11:15 

 

In lieu of requiring each child to take a swimming test to determine  

whether the child can swim a distance of fifteen (15) yards unassisted,  

center staff may accept copies of certificates or cards from a recognized  

water safety instruction organization showing that the child has  

successfully completed a swimming class which required the child to  

swim a distance of fifteen (15) yards unassisted. 

 

(ii) For water-related activities in water that is less than two (2) feet deep  

throughout, such as a self-contained wading pool less than two (2) feet in  

depth, continuous supervision must be provided by center staff in  

accordance with the staff:child ratio set forth in Rule 290-2-2-.O9(g)3. 

 

(I) The wading pool shall be cleaned and filled with clean water for each  

day's usage and emptied when not in use. 

 

(iii) At least one (1) additional staff member above the required staff:child  

ratio for water-related activities set forth in paragraphs (i) and (ii) shall be  

available to rotate among the groups as needed when any of the following  

circumstances are present: 

 

(I) the majority of the children in a group are not accustomed to, or are  

afraid of the water; or 

 

(II) the majority of the children in a group comprised of children who  

cannot swim a distance of 15 yards unassisted, cannot touch the bottom of  

the water-facility without submerging their heads; or 

 

(III) the water-facility is particularly crowded; or 

 

(IV) the children have special needs which impact on their ability to  

participate safely in the water-related activity. 

 

(i) Staffing Requirements for Transporting Children.  Whenever the  

center transports children for any reason, the driver of the vehicle shall be  

at least eighteen (18) years of age and possess  

 

 

a valid driverís license as required for the class of vehicle that the driver  

will be operating for the center.   

 

1. Either the driver of another staff person present on the vehicle must  

have current evidence of successful completion of a biennial training  

program in cardiopulmonary resuscitation (CPR) and a triennial training  

program in first aid offered by certified or licensed health care  

professionals and which dealt with the provision of emergency care to  

infants and children; and 

 

2. On field trips, in addition to the required staff:child ratio contained in  

Rule 290-2-2-.09(g)3., an additional employee, chaperon or student in  

training, who is at least sixteen (16) years of age shall be available to  

assist in the supervision of each group of twenty-five (25) children; and 

 

3. When transporting children, the center shall provide: 

 

(i) A minimum of two (2) staff members (the driver and non-driver) in the  

following situations: 

 

(I) When three (3) or more children under three (3) years of age are  

transported, or 

 

(II) When seven (7) or more children under five(5) years of age occupy  

the vehicle, or 

 

(III) When eighteen (18) or more children five (5) years of age and older  

occupy the vehicle; and 

 

(ii) A third employee, who is at least eighteen (18) years of age, shall be  

provided in the vehicle when transporting children in the following  

situations: 

 

(I) When more than eight (8) children under three (3) years of age occupy  

the vehicle with other children, or 

 

(II) When more than twenty (20) children under five (5) years of age  

occupy the vehicle with other children. 

 

(iii) When more than thirty-six (36) children under the age of five (5)  

occupy the vehicle the staff:child ratios as set forth in Rule  

290-2-2-.O9(g)3. shall be met in lieu of the ratios set forth above. 

 

(iv) Whenever more than thirty-six (36) children five (5) years and older  

are transported on the vehicle with no other children under the age of five  

(5), the staff:child ratio on the vehicle of one (1) staff for each additional  

twenty (20) children shall be maintained on the transporting vehicle. 


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