(1) Day care homes offering night care must develop plans for program, staff, equipment and space which will provide appropriately for the personal safety and emotional and physical care of children away from their families at night.

(2) This requirement shall be deemed to have been met if:

(a) special attention is given by the care-giver and the parents to provide for a transition into this type of care appropriate to the child's emotional needs;

(b) a selection of toys for quiet activities which can be used with minimal adult supervision is provided for children prior to bedtime;

(c) bathing facilities, comfortable beds or cots, and complete bedding are provided;

(d) staff are available to assist children during eating and pre-bedtime hours and when dressing;

(e) during sleeping hours, staff have a plan of supervision which involves practices where no child is left alone and staff are in the immediate vicinity and on the same floor level of sleeping children in order to adequately hear the children should they wake and to provide for the needs of children and respond to any emergency; and

(f) at appropriate times a nutritious dinner and/or breakfast is served to children and a bedtime snack is offered.

(3) An individual day care provider may not provide care consecutively day and night without at least one additional care-giver. No care-giver may have responsibility for the care and supervision of children for more than 12 consecutive hours in a 24 hour period.

(4) Overlap care may be approved by the department in situations, such as before and after school, when the number of children in care over three years of age would exceed, for a short period of time, the registered capacity.

(a) Overlap of children under three years of age shall not be permitted.

(b) Overlap care shall not exceed three hours total in any day care day.

(c) Group day care facilities may be approved to provide overlap care for up to four additional children during the approved overlap time if there are at least two care-givers providing direct care at any time there are more than ten children being cared for at the facility.

(d) Family day care homes may care for two additional children during the approved overlap time.

(e) Day care facilities providing two shifts of 12-hour care may be granted three hours of overlap care for each 12 hours of continuous care upon the written approval of the department representative.

(f) There must be 35 square feet per child of indoor space including the additional children during approved overlap hours.

(g) If a provider wishes to provide overlap care, the provider shall file a written plan for this care stating the specific hours in which the overlap will occur and the arrangements for providing adequate activities and supervision to all children during this period.

(h) Overlap care shall not occur until the provider has received written approval of this plan from the department.

(i) Group day care homes which exceed 12 children during approved overlap may be subject to inspection by the state fire prevention and investigation bureau and the state sanitarian.


History: 52-2-731, 52-2-735, MCA; IMP, 52-2-723, 52-2-731, 52-2-735, MCA; NEW, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2002 MAR p. 2231, Eff. 8/16/02; AMD, 2021 MAR p. 1787, Eff. 12/11/21.