Sec. 13a.15.08.01. General Supervision

A. An individual may not have responsibility for supervising a child in care unless the individual meets the requirements of this subtitle pertaining to a provider, substitute, or additional adult, as applicable.

B. Except as provided in Regulation .02C and D of this chapter, when a child is in attendance, the individual responsible for supervising the child shall at all times:

(1) Be alert and responsive;

(2) Know where the child is;

(3) Be able to see or hear the child;

(4) Be near enough to the child to render immediate assistance; and

(5) Provide supervision that is appropriate to the individual age, needs, capabilities, activities, and location of the child, which may include, but not be limited to:

(a) Making reasonable accommodations for a child with a disability; and

(b) If applicable, allowing an adult who provides specialized services to a child in care to provide those services at the home in accordance with the child’s individualized education plan, individualized family services plan, or written behavioral plan.

C. The provider or substitute shall:

(1) Remain inside the home while a child in care younger than 6 years old is present inside the home; and

(2) Accompany a child in care who is younger than 6 years old whenever the child is outside of the home.

D. Supervision of Resting Children.

(1) If a resting or napping child is younger than 2 years old, the provider or substitute shall:

(a) Remain within sight and sound of the child; and

(b) Observe the child at least every 15 minutes to determine that the child is safe, breathing normally, and in no physical distress.

(2) If a resting or napping child is 2 years old or older, the child:

(a) May be on a different level of the home from the provider or substitute if:

(i) That level is approved by the office for child care use; and

(ii) The provider has informed the child's parent that the child is permitted to be on a different level of the home; and

(b) Shall be observed by the provider or substitute to ensure the child’s safety and comfort at intervals of at least every 15 minutes.

(3) If a resting or napping child is in a different room from the provider or substitute and that room can be closed off from the rest of the home by a door, screen, or similar furnishing, the provider or substitute shall ensure that the door, screen, or similar furnishing remains open so that the view into the room is unobstructed.

E. The provider may use a video and sound monitoring system to meet the sound and sight requirement in §D(1)(a) of this regulation.

F. A child may not be left unattended on the premises of the home, in a motor vehicle, or during an off-site activity.