N.D. Admin. Code 75-03-11.1-08

Current through Supplement No. 395, January, 2025

Section 75-03-11.1-08 - Duties of school-age child care program operator

The operator of a school-age child care program is responsible for compliance with the requirements set forth in this chapter and North Dakota Century Code chapter 50-11.1. The operator:

1. Shall designate a qualified director, shall delegate appropriate duties to the director, and shall:

a. Ensure that the director is present at the school-age child care program at least sixty percent of the time that the program is open. If the operator has legal responsibility and the administrative authority over two or more school-age child care programs, a director shared between two or more school-age child care programs shall be present a combined total of sixty percent of the school-age programs' hours of operation.

b. Ensure that when the director and designated acting director are not present at the program, an individual who meets the qualifications of a supervisor is on duty.

c. Ensure that the individual designated as an acting director for longer than thirty consecutive days meets the qualifications of a school-age child care program director.

d. Ensure that if the operator of the school-age child care program is also the director, that the operator meets the qualifications of a director set forth in section 75-03-11.1-08.1;

2. Shall provide an environment that is physically and socially adequate for children;

3. Shall notify the department of any major changes in the operation of, or in the ownership or governing body of the school-age child care program, including staff member changes;

4. Shall ensure that the school-age child care program carries liability insurance against bodily injury and property damage;

5. Shall formulate written policies and procedures for the operation of the school-age child care program relating to:

a. Hiring practices and personnel policies for all staff members;

b. Methods for obtaining references and employment histories of staff members;

c. Methods of conducting staff member performance evaluations;

d. Children's activities, care, and enrollment;

e. The responsibilities and rights of staff members and parents;

f. An explanation of how accidents and illnesses may be handled;

g. The methods of developmentally appropriate discipline and guidance techniques that are to be used;

h. The process for a parent or staff member to report a complaint, a suspected licensing violation, and suspected child abuse or neglect;

i. The care and safeguarding of personal belongings brought to the school-age child care program by a child or by another on a child's behalf;

j. Procedure for accountability when a child fails to arrive as expected at the school-age child care program; and

k. Transportation procedures, if the operator provides transportation;

6. Shall maintain enrollment, attendance, health, and other required records;

7. May select an emergency designee;

8. Shall maintain necessary information to verify staff member qualifications and to ensure safe care for the children in the school-age child care program;

9. Shall inform parents of enrolled children and other interested parties about the school-age child care program's goals, policies, procedures, and content of the program;

10. Shall advise parents of enrolled children of the school-age child care program's service fees, operating policies and procedures, location, and the name, address, and telephone number of the operator and the director;

11. Shall provide parents of enrolled children information regarding the effective date, duration, scope, and impact of any significant changes in the school-age child care program's services;

12. Shall ensure that the school-age child care program is sufficiently staffed at all times to meet the child to staff ratios for children in attendance and that no more children than the licensed capacity are served at any one time;

13. Shall ensure that the school-age child care program has sufficient qualified staff members available to substitute for regularly assigned staff who are sick, on leave, or who are otherwise unable to be on duty;

14. Shall ensure that there are signed written agreements with the parents of each child that specify the fees to be paid, methods of payment, and policies regarding delinquency of fees;

15. Shall provide parents with unlimited access and opportunities for parents to observe their children while in care and provide parents with regular opportunities to meet with staff members responsible for caring for or teaching children before and during enrollment to discuss their children's needs. Providing unlimited access does not prohibit a school-age child care program from locking its doors when children are in care;

16. Shall provide parents, upon request, with progress reports on their children;

17. Shall ensure that provisions are made for safe arrival and departure of all children, and a system is developed to ensure that children are released only as authorized by the parent;

18. Shall develop a system to ensure the safety of children whose parents have agreed to allow them to leave the program without supervision, which must include, at a minimum:

a. Written permission from the parents allowing a child to leave the program without supervision; and

b. Consistent sign-out procedures for released children;

19. Shall report immediately, as a mandated reporter, any suspected child abuse or neglect as required by North Dakota Century Code chapter 50-25.1;

20. Shall meet the qualifications of the director set forth in section 75-03-11.1-08.1 if the operator of the school-age child care program is also the director;

21. Shall ensure that staff members responsible for caring for or teaching children under the age of eighteen are directly supervised by an adult staff member;

22. Shall report to the department within twenty-four hours:

a. The death or serious accident or illness requiring hospitalization of a child while in the care of the program or attributable to care received in the program;

b. An injury to any child which occurs while the child is in the care of the program and which requires medical treatment;

c. Poisonings or errors in the administration of medication;

d. Closures or relocations of child care programs due to emergencies; and

e. Fire that occurs or explosions that occur in or on the premises of the school-age child care program; and

23. Shall ensure that each child is released only to the child's parent, legal custodian, guardian, or an individual who has been authorized by the child's parent, legal custodian, or guardian.

N.D. Admin Code 75-03-11.1-08

Effective June 1, 1995; amended effective July 1, 1996; July 1, 1996, amendments voided by the Administrative Rules Committee effective August 24, 1996; amended effective January 1, 1999; January 1, 2011; January 1, 2013.

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11.1-08

Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08