Licensing Standards for DayCare Centers
470 IAC 3-4.1-9
*The maximum number of children per class is also determined by available space.
Please refer to 470 IAC 3-4.1-14(a)(1), Indoor Play Area.
- (a) Personnel Required. The day nursery shall provide substitute staff
to replace employees on sick leave, vacation or absent for other reasons.
A responsible adult age 18 or over shall always be readily available to substitute
for a regularly assigned staff member in charge of a unit of children. Such
person shall be on duty when the regularly assigned staff member is away from
the group, for no matter how short a period of time, whether indoors or out.
- In a small day nursery one staff member may carry multiple responsibilities.
The director and teacher may be the same person provided that such person
meets the qualifications for director. When the group of children enrolled
is small enough to require the employment of only two persons to operate the
nursery, provision shall be made for the person supervising the children to
be able to call the second staff member to assist in emergencies without the
necessity of leaving the children unattended. All child care staff shall work
under the direct supervision of a teacher or the director.
- Volunteers excluding parents, shall meet all the requirements and qualifications
of the positions to which they are assigned when they are counted in the child-staff
- All volunteers, regardless of whether or not they are counted in the child-staff
ratios, shall meet the health requirements of 470 IAC 3-4.1-8(a).
- (b) Child-Staff Ratios:
- (1) Persons Counted in the Child-Staff Ratio.
- (A) Staff. Only persons who are responsible for and directly engaged
in supervising and implementing activities for children shall be counted
in determining the child-staff ratios. Persons in the day nursery
with multiple roles (teacher and cook, teacher and receptionist, etc.)
shall be counted only when directly engaged with the children. Assignments
of maintenance and housekeeping duties shall not interfere with the
direct care of children.
- Persons under age 18 shall not be included in determining the number
of staff required for supervision of children.
- (B) Children. Children of the director and staff members, who attend
the day nursery, or are on the nursery premises for supervision and
care, shall be counted in the number of children in the appropriate
- Any children who are in attendance for only a part of a day are
counted only while in the day nursery for determining staff requirements.
- (2) Child-Staff Ratio/Class Size. The child-staff ratios must be posted
in a conspicuous place in the day nursery.
- (A) Chart. Child-staff ratios shall be maintained during all hours
| Age of Youngest Child in Group
|| Maximum # of Children to be Supervised by One Staff Person
|| Maximum # of Children in One Class
| 2 years
| 3 years
| 4 years
| 5 years
| 6 years & older
- (B) Combined Age Groups. Where there is a combination of ages within
a group, the number of required staff shall be determined on the basis
of the age of the youngest child.
- For special joint activities, or programs of limited duration (including
field trips), there may be a combination of age groups, provided the child-staff
ratio is maintained.
- Children may also be regrouped for short periods after the day nursery
opens and prior to closing, provided that staff are present to ensure
safe supervision of the children.
- (C) Combining Two and Three Year Olds. A day nursery whose entire attendance
of two year olds is fewer than five may combine these children with three
year olds. However, the maximum class size is 15 and the child-staff ratio
is five children to one staff person.
- Regardless of the number of two year olds enrolled, children between
the ages of 31 months and 36 months, and who are toilet trained, may be
grouped with three year olds at the option of the day nursery. If this
is done, a child-staff ratio of seven children to one staff person is
required, and the maximum class size is 14. These children shall be cared
for in an area which is separate from other children. Diapers shall not
be changed on the floor.
- A separate class area and a diaper changing table shall be provided
for each group of up to 15 two year olds. Centers newly licensed for two
year olds shall provide a toilet, handwashing lavatory, and changing table
in each two year old class area. The toilet must be in a bathroom which
opens directly into the two year old area. The bathroom shall be provided
with a closeable door and adequate ventilation. Diapering shall meet the
requirements of 470 IAC 3-4.26(b)(3), Diapering and Care of Diapers.
- Separate play facilities shall also be provided for two year old children,
and their play materials and equipment shall be appropriate to their age,
size, and stage of development.
- (D) Separate Class Areas/Play Facilities. Separate class areas shall
be provided for school age children at the same time unless separate play
areas are provided. Day nurseries which enroll ten or more school age
children shall have at least one staff member who is qualified by training
and/or experience to work with this group. Whenever a room can accommodate
more children than the ageappropriate class size, separate and easily
definable areas shall be provided for each class.