Additional Requirements for Certain Types of Facilities

• Nurseries for infants and toddlers: Part of larger facility; director. (NRS 432A.077)
• Nurseries for infants and toddlers: General requirements. (NRS 432A.077)
• Preschools. (NRS 432A.077)
• Accommodation facilities.
• Institutions: General requirements.
• Institutions: Social workers.
• Institutions: Programs.
• Institutions: Records.
• Special needs facilities: Meeting required before admission of child.
• Special needs facilities: Training of staff; plan of services.
• Special needs facilities: Qualifications of director. (NRS 432A.077)

NAC 432A.420 Nurseries for infants and toddlers: Part of larger facility; director. (NRS 432A.077)

1. A nursery for infants and toddlers may be a part of another type of facility if each part of the facility meets the requirements of this chapter. If such a nursery is a part of a larger facility, the director or one caretaker who meets the qualifications of a director for the nursery must spend at least one-half of his time in the nursery.

2. The director of a nursery for infants and toddlers in any facility must:

(a) Have completed the training required to become a professional nurse;

(b)Have completed the training required to become a licensed practical nurse, and have at least 6 months of verifiable experience which is satisfactory to the bureau in a program related to the care of children under 3 years of age;

(c) Hold a current credential as a "Child Development Associate for Infants and Toddlers" issued by the Council for Early Childhood Professional Recognition, Washington, D.C. 20005;

(d) Be at least 21 years of age and hold a high school diploma or, if approved by the chief of the bureau, its equivalent, and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in infant and toddler development; and

(2) At least 6 semester hours are in child development, education related to the health of children or courses directly related to these fields, and at least 2 years of verifiable experience which is satisfactory to the bureau in a program related to the care of children under 3 years of age; or

(e) Have a combination of education and experience which, in the judgment of the chief, is equivalent to one of the requirements described in paragraphs (a) to (d), inclusive.

3. In a facility where a director is not required, the director of the nursery for infants and toddlers shall ensure that the required number of persons on the staff is maintained.

Reviser's Note.

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:

"Sec 7. 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. The director or a designated member of the staff of a nursery for infants and toddlers or other facility that enrolls infants and toddlers shall discuss policies concerning the health of an infant or toddler with the parents before enrollment of the child. Every parent must be given a description of and agree in writing to the following matters concerning the child:

(a) Feeding;

(b) Diapering;

(c) Changes of clothing, which are to be provided by the parents;,

(d) Bathing, including, without limitation, the kind of soap to be used;

(e) Precautions against infectious disease;

(f) Sleeping;

(g) Toilet training;

(h) Daily reports to the parents;

(i) Any special precautions regarding the health and safety of the child; and

(j) Any other information deemed necessary by the facility or the bureau.

2. A caretaker must be assigned to a specific group of infants on a continuing basis.

3. Except as otherwise provided in paragraph (m) of subsection 1 of NAC 432A.416, each infant and toddler must be under direct visual observation by a qualified caretaker at all times.

4. Each infant and toddler must be given undivided attention by the same caretaker for at least 30 minutes in the morning and 30 minutes in the afternoon, including periods of feeding and bathing. The caretaker shall, during this time:

(a) Hold and talk to the child;

(b) Encourage the development of the child's coordination by allowing him to reach for, grasp, creep, crawl or pull up;

(c) Give toddlers the opportunity to develop the large muscles of the body by activities such as climbing and walking; and

(d) Encourage the child to interact socially through playing, using language and solving problems using materials and equipment that are appropriate for the age of the child. Infants under 6 months of age must be provided an additional period of not less than 2 hours of activity each day out of the crib, for example, in a playpen or other suitable area.

5. Each licensee of a facility shall provide an indoor area which is covered by a soft or nonabrasive material and is protected from traveled walkways where crawling children can be on the floor for at least a part of the day.

6. A caretaker may take the infant or toddler assigned to him outside or to areas of the facility other than their usual room for a part of each day to provide a change in their physical environment and to increase opportunities for social interaction.

7. When weather permits, each toddler over 12 months of age must be taken outside for a portion of each day. If the weather is extremely hot, the toddler must be kept in a shaded area while outdoors.

8. An infant who is awake must not be left in a crib for long periods without direct adult care and never for more than 30 minutes at a time.

9. The staff of a nursery for infants and toddlers shall separate the infants from the toddlers while the toddlers are engaging in physical activities.

10. There must be a resilient surface under equipment that is used for playing and climbing at a nursery for infants and toddlers. Such equipment must be appropriate for the age of the children using the equipment.

11. The staff of a nursery for infants and toddlers shall promote the healthy development of toddlers by:

(a) Expressing feelings with words;

(b)Giving directions that are worded in a positive manner;

(c) Modeling desirable behavior; and

(d) Redirecting behavior.

12. The staff of a nursery for infants and toddlers shall not discipline or punish an infant or toddler by confining him to a crib, high chair, playpen or other such piece of furniture or equipment.

13. The staff of a nursery for infants and toddlers shall prepare a daily report for each infant less than 12 months of age for whom it provides care. The report must be posted in a conspicuous place in each room used to care for the infants and must include, without limitation, information concerning the feeding, diapering and sleeping of each infant.

(Added to NAC by Bd. for Child Care, eff 6-5-84; A by R203-97, 4-1-98; R047-98, 6-10-98)

NAC 432A.430 Preschools. (NRS 432A.077)

1. The licensee of a preschool shall have a program that includes:

(a) An assessment of each child's individual needs and of activities which are suitable to his needs; and

(b) A comparison of each child's actual growth, status and progress with his potential growth, status and progress.

2. A licensee of a preschool must develop a specific plan for child care and instruction which is designed to achieve the following objectives:

(a) Successful adjustment of the child to an environment away from home;

(b) Familiarity of the child with a group setting;

(c) Development in the child of an interest and joy in learning;

(d) Development in the child of a feeling of security and individual success;

(e) Development of a child's self-expression and self-control;

(f) Development of creativity in the child; and

(g) Development of a child's sense of responsibility.

3. A plan of the curriculum and a description of the methods of delivering instruction must be prepared by a licensee of a preschool. The plan must:

(a) Be made available for parental review;

(b) Be prepared before the program becomes effective;

(c) Be kept on file for at least 1 year;

(d) Include a program of speaking and listening to English;

(e) Include a program to develop a child's awareness of basic mathematical concepts;

(f) Provide for the involvement of parents in learning activities at the preschool and at home;

(g) Provide for the development of a child's skill in music, arts and crafts and pleasure received from these activities;

(h) Provide for the development of a child's awareness of his natural surroundings and stimulate his curiosity about his environment; and

(i) Provide for increasing a child's awareness of the need for good physical health, personal hygiene, exercise and nutrition.

4. A licensee of a preschool must recognize each child's individual level of development and provide an assortment of materials, equipment and activities broad enough to meet the social, emotional, physical and cognitive development of each child.

5. A licensee of a preschool may allow the number of children stated on its license to participate in the program for 4 or fewer hours per day.

6. Every licensee of a preschool must have a person designated as its program director who develops and supervises the preschool's curriculum. The person must be at least 21 years of age and:

(a) Have a bachelor's degree in teaching or child development from an accredited college or university and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in child development or in courses directly related to child development; and

(2) At least 6 semester hours are in child development, child psychology or education related to the health of children or in courses directly related to child psychology or education related to the health of children;

(b) Have at least 2 years of experience in a full-time, verifiable position, be a graduate of a 2-year educational course in child development and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in child development or in courses directly related to child development; and

(2) At least 6 semester hours are in child development, child psychology or education related to the health of children or in courses directly related to child psychology or education related to the health of children;

(c) Have at least 2 years of experience in a full-time, verifiable position, be a graduate of a 1-year certified program of child development and have completed at least 12 semester hours of education, of which:

(1) At least 6 semester hours are in child development or in courses directly related to child development; and

(2) At least 6 semester hours are in child development, child psychology or education related to the health of children or in courses directly related to child psychology or education related to the health of children;

(e) Have a combination of education and experience which, in the judgment of the chief, is equivalent to one of the requirements described in paragraphs (a) to (d), inclusive.

[Bd. for Child Care, Child Care Facilities Reg. part § 1.20 & §§ 16.1-16.4, eff 2-28-80; § 16.5, eff 2-28-80; A 2-5-82]--(NAC A 11-19-85; R203-97, 4-1-98)

Reviser's Note.

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:

"Sec 7. 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. "

NAC 432A.435 Accommodation facilities.

1. During the hours of operation, each accommodation facility must have a person on duty who is designated as the person responsible for the operation of the facility.

2. An accommodation facility may care for a child for not longer than 3 1/2 hours in any 24-hour period while the adult responsible for placing the child in the accommodation facility remains on the premises of the business establishment which operates the accommodation facility.

3. The accommodation facility must maintain a daily attendance record which includes the name of each child cared for in the facility, his date of birth, the names of his parents or guardians, the home address and telephone number of his parents or guardians, his time of arrival and departure and the name of a person to contact in the case of an emergency.

4. The accommodation facility must be located in a separate section of the business establishment and enclosed from the other business conducted in the establishment. If the accommodation facility is operated by a business that is licensed to sell or dispense alcohol or to conduct gaming in any form, the accommodation facility must be physically located in such a manner that the sale and dispensing of alcohol and the participation in gaming ventures are isolated and obscured from the view and hearing of the children in the accommodation facility.

5. No medication may be administered to a child in an accommodation facility.

1. A licensee of an institution may:

(a) Contract with any parent for the supervision, care and guidance of a child;

(b) Provide for the moral and religious training of the children according to the religious belief of the child or his parents; or

(c) Accept guardianship of a child when appointed as a guardian by a juvenile court.

2. A licensee of an institution shall:

(a) Establish the policies which it will follow and review the policies and purposes on a regular basis to determine whether the interests of the children are being served;

(b) Review its practices to ensure that they do not discriminate in the employment of personnel, the admittance of children or the services provided to children on the basis of race, color, national origin, religion or the marital status or age of the parents;

(c) Approve a budget and be responsible for obtaining and disbursing money;

(d) Maintain accurate records of the employment of members of its staff;

(e) Employ a qualified person as director and delegate to him the responsibility for the administration of the institution and the employment of other members of the staff; and

(f) Notify the bureau of any major changes which are pending or have occurred in the organization or administration of the institution, including any changes in its owner or director.

3. A director of an institution shall:

(a) Possess knowledge of services available for the welfare of children and demonstrate administrative skill and leadership;

(b) Be a graduate of an accredited college or university and have taken a minimum of 15 credits in the social sciences;

(c) Have at least 2 years' experience in an administrative or supervisory position in a child care facility; and !

(d) Authorize a member of the staff who is qualified to be a director to act as director in his absence.

4. The director, or a person to whom he has delegated responsibility, must be available to parents and the bureau at all times.

5. The licensee of an institution shall notify the parents of a child of the child's discharge within a reasonable time before the discharge. Discharge of a child must be a part of a planned program which was established after informing the child and his parents. Upon discharge, the licensee of an institution shall provide pertinent information regarding the child's health to the person receiving the child.

6. A representative of the bureau who is authorized by the chief must have access to any report of an institution which is pertinent to licensing.

7. Each licensee of an institution shall develop a list of clothing which-is required for each child at the institution and shall maintain the child's wardrobe at a level which is comparable to that of other children in the community. Each child's clothing must, by a label or marking, be identified as belonging to the particular child. Children must, to the greatest extent feasible, be allowed to participate in the selection and purchase of their clothing. Donated clothing may be used at an institution only if it is suitable for use and in good condition.

8. Any serious illness or hospitalization of a child must be reported to his parent.

9. Each licensee of an institution shall arrange with a physician licensed in this state or with a clinic employing a physician to serve as the medical director of or consultant to the institution and to be responsible for a program of medical care within the institution, which includes visits to the institution and office visits.

10. Each child must receive adequate dental care.

11. Each licensee of an institution shall provide:

(a) Separate toilets and bathrooms for children of each sex who are over 6 years of age;

(b) Separate bath and toilet facilities for the staff;

(c) One toilet for every eight children, one tub or shower for every eight children and one wash basin for every four children; and

(d) At least one toilet and wash basin near every living room and recreation area.

12. A licensee of an institution shall:

(a) Provide each child with a bed for his own use, which must be at least 30 inches wide, of a length which is adequate for the child's height and the bottom of which is at least 6 inches above the floor;

(b)Provide separate sleeping areas for boys and girls;

(c) House no more than four children in one sleeping area, except that partitions may be used in large areas; !

(d) Keep all beds at least 3 feet apart at the head, foot and sides;

(e) Provide each bed with level box springs, a comfortable and supportive mattress in good condition, a pillow, two sheets and coverings which are sufficient for the child's comfort;

(f) Provide a complete change of clean bed linens at least once a week;

and

(g) Provide each child with a closet, locker or dresser for clothing and personal belongings, access to which must be reserved solely to the child.

 

NAC 432A.445 Institutions: Social workers.

1. A licensee of a child care institution shall maintain a ratio of social workers to children that will fulfill the needs of the children, but there must be at least two social workers for every 50 children in the institution.

2. Each social worker must:

(a) Possess a bachelor's or more advanced degree which is based on at least 15 credits in the social sciences; and

(b) Within 2 years after commencing employment with the institution, participate in at least 180 hours of documented training while in service.

NAC 432A.450 Institutions: Programs.

1. Each licensee of an institution shall:

(a) Formulate, in writing, a statement of:

(1) The services and specific programs offered; and

(2) The procedure for admission and the information which must be contained in an application for admission.

(b) Obtain or develop a complete social study of each child not later than 30 days after his admission.

(c) If caring for a child for money, enter into a written agreement with the parent of the child which outlines the duties and responsibilities of each party.

2. Each licensee of an institution shall:

(a) Establish a regular program of activities which has sufficient flexibility to respond to the needs of each child;

(b) Integrate the institutional programs with activities in the community in a manner that allows children to participate in the normal living patterns of the community;

(c) Maintain and develop constructive relationships between the child and his parents, brothers and sisters, other relatives, and members of the staff of the institution;

(d) Make the greatest use of small groups of persons to aid in developing the individuality of the child and helping him to attain a sense of personal identity;

(e) Establish a program of personal hygiene for every child;

(f) Provide every child with his own toiletries, including a toothbrush and comb, and with clean towels and washcloths;

(g) Provide space for individual storage of toiletries; and

(h) Establish policies governing the social, emotional, physical and intellectual development of each child.

3. Each licensee of an institution shall provide supervised work for each child which is appropriate to the age, health and abilities of the child. Work must be assigned for the purpose of training and contributing to the growth of the particular child. Work must not interfere with the child's time for school, his periods of study, play and sleep, his normal relations within the community, or visits with his family.

4. A licensee of an institution shall differentiate between daily chores that children are generally expected to perform to prepare them to become independent, specific assignments of work which are available to children as a means of earning money and jobs performed in or out of the institution to gain vocational training. If possible, a licensee of an institution shall, either by gift or for work done, provide every child of school age with an allowance which he is permitted to spend at his own discretion.

5. A licensee of an institution shall not use any child to solicit money for the institution in any way which would be harmful or cause embarrassment to the child or his family. The written consent of the parent or legal guardian must be obtained before an institution may use a child's picture or name in any written, visual or oral system of communication.

6. Each licensee of an institution shall have written policies on religious training. The consent of a child's parent must be obtained before a child may attend church or receive religious instruction.

7. Each licensee of an institution is responsible for providing academic or vocational training to each child. The licensee of an institution shall, by using resources in the community, provide specialized training for children who are unable to benefit from a regular school program because of their physical, mental or emotional disabilities.

8. Recreation and programs of activity must be planned as an integral part of the institution's total program.

9. Each licensee of an institution shall have a written, planned program to supervise the children's health and provide medical and dental care.

NAC 432A.460 Institutions: Records.

1. Each licensee of an institution shall maintain an individual record for each child accepted for care. The record is confidential and must be protected from examination by unauthorized persons.

2. Every record must contain the following:

(a) The child's full name, birthplace and date of birth;

(b) The religion of the child and his parents;

(c) Both parents' full names;

(d) If the child's parents are deceased, the date, place and cause of death;

(e) If the child's parents are divorced or separated, the date and place of the divorce or separation;

(f) The names, addresses and dates of birth of other children in the family;

(g) The names and addresses of close relatives;

(h) The name of a person to whom the child may be referred for care;

(i) The date and reason for placement of the child;

(j) The financial terms of the placement;

(k) The report of the original study and investigation of the child, including:

(1) All information concerning the educational, economic and cultural background of the child's family; and

(2) All personal information about the child, including his:

(I) History of development and health;

(II) Personality;

(III) Placement and adjustment in school;

(IV) Previous placements in institutions; and

(V) Relationships with his family;

(1) Any available documents pertaining to the current legal custody of the child;

(m) Every written contract between the licensee of an institution and the child's parents, except an authorization to provide medical care, which must be kept in the records of the health of the child;

(n)Reports and records of schools attended by the child, including his grades, progress and adjustment;

(o) Records or summarized reports of the child's progress and development while under care, the work done with the child's family, and plans for care and supervision of the child after discharge;

(p) If members of the staff of another agency or institution are also working with the child, the licensee of an institution mainly providing care to the child shall periodically provide the staff members of the other agency or institution with summary reports of the services it is providing and shall formulate plans for continuing the services, for maintaining an appropriate staff and for arranging conferences with other agencies and institutions who are also providing care for the child; and

(q) Reports of the staff of the institution concerning the child's adjustment to the institutional setting.

NAC 432A.470 Special needs facilities: Meeting required before admission of child.

Before a child may be admitted to a special needs facility, his parents, the appropriate members of the staff of the facility and any appropriate specialists shall meet to determine whether the needs of the child can be adequately met by the facility and to ascertain the information and training which must be obtained from his parents and other persons who provide services to the child.

NAC 432A.475 Special needs facilities: Training of staff; plan of services.

A special needs facility shall provide the members of its staff with appropriate training and prepare a written plan of services for each child with special needs it accepts. The plan of services must contain:

1. The name, age and date of birth of the child;

2. The name, address and telephone number of the parents of the child;

3. Any information needed to contact the parents of the child;

4. Any information needed to contact an appropriate person in an emergency;

5. The name and telephone number of any physician or specialist who is treating the child;

6. The name and telephone number of any special consultants who are available to the facility to assist in the care or treatment of the child;

7. The signatures of all persons participating in and agreeing to abide by the plan;

8. If relevant to the plan, a diagnosis of the child's special condition;

9. Any special needs of the child, precautions or arrangements concerning:

   (a) Diet and feeding;

   (b)Devices and equipment;

   (c) Positioning;

   (d) Body wastes;

   (e) Communication;

   (f) Management of behavior; and

   (g) Modification of-the building or other aspects of the environment;

10. Any specific plans for training the members of the staff of the facility regarding any needs, precautions or arrangements identified pursuant to subsection 9; and

11. A date for review of the plan by the parents of the child, the appropriate members of the staff of the facility, and the physician of the child, if appropriate.

NAC 432A.485 Special needs facilities: Qualifications of director. (NRS 432A.077)

The director of a special needs facility must:

1. Have earned a bachelor's or associate's degree, and have completed at least:

   (a) Twelve semester hours of education, of which:

   (1) Three semester hours are in child development;

   (2) Six semester hours are in the education of children with special needs; and

   (3) Three semester hours are in child psychology, education related to the health of children, the education of children with special needs or courses directly related to those subjects; and

   (b) Six months of verifiable experience, satisfactory to the bureau, in a program related to the education of children, early childhood development, child care or the education of children with special needs;

2. Have earned a high school diploma or a certificate based on general educational development approved by the chief of the bureau, and have completed at least:

   (a) Twelve semester hours of education, of which:

   (1) Three semester hours are in child development;

   (2) Six semester hours are in the education of children with special needs; and

   (3) Three semester hours are in child development, child psychology, education related to the health of children, the education of children with special needs or courses directly related to those subjects; and

   (b) Two years of verifiable experience satisfactory to the bureau, in a program related to child education, early childhood development, child care or the education of children with special needs; or

3. Have a combination of education and experience which, in the judgment of the chief of the bureau, is equivalent to the requirements of subsection 1 or 2.

Reviser's Note.

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:

"Sec 7. 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.

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