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 Pennsylvania Code (Last Updated: April 5, 2016)
 Title 55. PUBLIC WELFARE
 PART V. Children, Youth, and Families Manual
 Subpart D. Nonresidential Agencies, Facilities and Services
 Article I. Licensing/Approval
 Chapter 3280. Group Child Day Care Homes

  Section 3280.52. Ratio requirements  

Latest version.

  • (a) The minimum number of facility persons is as follows:

    (1) A primary staff person shall be present in a facility when six or fewer children are in care, unless the staff:child ratio specified in subsection (b) or (c) requires a second or third staff person.

    (2) At least two facility persons shall accompany any number of children on an excursion away from a facility.

    (b) When children are grouped in similiar age levels, the following child group sizes and ratios of staff persons apply:

    Staff
    		Children
    		Maximum
    Group Size
    		Total Number
    of Staff
    Required for
    the Maximum
    Group Size
    Infant1
    		 4
    		12
    		3
    Young toddler1
    		 5
    		12
    		3
    Older toddler1
    		 6
    		12
    		2
    Preschool1
    		10
    		12
    		2
    Young school-age1
    		12
    		12
    		1
    Older school- age1
    		15
    		15
    		1

    (c) When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements in subsection (b).

The provisions of this § 3280.52 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (312274) to (312276).

Notation

Authority

The provisions of this § 3280.52 amended under Articles IX and X of the Public Welfare Code (62 P. S. § § 901—922 and 1001—1087).

Notes of Decisions

Insufficient Supervision

Thirteen infants and toddlers, some not old enough to sit up, were left alone on the first floor of the provider’s facility with no adult supervision whatsoever. This regulation requires at least three staff persons supervising a group of twelve infants and toddlers at all times; therefore, the facility’s supervisory staff was woefully inadequate for such a large group of children. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).

Cross References

This section cited in 55 Pa. Code § 3280.53 (relating to children of an operator or a facility person); 55 Pa. Code § 3280.113 (relating to supervision of children); 55 Pa. Code § 3280.173 (relating to transportation ratio); and 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).