(1) Each child care agency must maintain the minimum child/staff ratios set forth in this rule.

(a) Children of child care staff members, including foster children, who are present in the child care unit must be counted in computing child/staff ratios.

(b) Child care agencies other than receiving homes must use the actual number of children in care each day to compute the child/staff ratio.

(c) Child care agencies, other than maternity homes, must maintain the following minimum staff ratios:

(i) from 3:00 p.m. to 11:00 p.m., 1 to 8; and

(ii) from 11:00 p.m. to 3:00 p.m., 1 to 10.

(d) A child care agency's residential treatment center must meet the child/staff ratios set forth in ARM 37.97.250.

(e) Maternity homes must maintain the following minimum child/staff ratios (excluding babies being cared for by their mothers) :

(i) from 3:00 p.m. to 10:00 p.m., 1 to 12; and

(ii) from 10:00 p.m. to 3:00 p.m., 1 to 16.

(iii) additional staff must be available for duty within 30 minutes.