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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

55 Pa. Code § 3280.52. Ratio requirements.

§ 3280.52. Ratio requirements.

 (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).

Authority

   The provisions of this §  3280.52 amended under Articles IX and X of the Human Services Code (62 P.S. § §  901—922 and 1001—1088).

Source

   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).

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).


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