Furniture, Equipment, and Materials

PURPOSE: This rule sets forth the requirements for the furniture, equipment and materials needed in a family day care home. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Indoor Furniture and Equipment. (A) General Requirements. 1. All furniture and equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts. Only lead-free paint shall be used. 2. Furniture and equipment shall be arranged to provide a clear passage to all exits. (B) Sleeping Equipment. 1. General requirements. A. A cot, bed, sofa, padded playpen, or crib shall be provided for each child who naps or sleeps. An individually assigned sheet and blanket shall be provided for each child twelve (12) months and older who naps or sleeps. Upper levels of bunk beds shall not be used. B. If family beds are used for napping or sleeping, a clean sheet shall be spread over the family bedding. C. If a double bed or larger is used only two (2) children may nap or sleep on it at one (1) time. D. All bedding shall be clean with sheets laundered at least once a week. Once bedding has been used by a child, it shall not be used by another child until it has been laundered. E. Sleeping equipment shall be arranged to provide at least a two-foot (2’) aisle on one (1) long side of the equipment. 2. Infants. A. A crib, portable crib, or playpen shall be provided and used for each infant. Stack cribs shall not be used. B. Cribs and playpens shall meet the Consumer Product Safety Commission and ASTM International (formerly the American Society for Testing and Materials) safety standards for full size baby cribs as found in 16 CFR Part 1219 and for non-full size baby cribs as found in 16 CFR Part 1220. The 2014 crib safety standards found in 16 CFR Parts 1219 and 1220 are incorporated by reference as part of this rule and are published by and available at the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, D.C. 20401-0001, 202-5121800, www.bookstore.gpo.gov/catalog/laws-regulations/codefederal-regulations-cfrs-print. This rule does not include any later amendments or additions. C. The crib mattress or playpen pad shall be sized correctly to the crib or playpen, in good condition, waterproof, and kept clean and dry, be firm and maintain its shape even when the fitted sheet designated for that model is used, such that there are no gaps between the mattress and the side of the crib or playpen. Only fitted sheets shall be used and shall be changed immediately when soiled or wet. D. Soft materials or objects such as pillows, quilts, comforters, or sheepskins, even if covered by a sheet, shall not be placed under a sleeping infant. If a mattress cover to protect against wetness is used, it shall be tight fitting and thin. E. Cribs, portable cribs, and playpens shall be free of soft objects, loose bedding, or any object that can increase the risk of entrapment, suffocation, or strangulation. Examples include bumper pads, pillows, quilts, comforters, sleep positioning devices, sheepskins, blankets, flat sheets, cloth diapers, bibs, pillow-like toys, wedges, infant positioners, special mattresses, special sleep surfaces, and other similar items. F. Blankets or other soft or loose bedding shall not be hung on the sides of cribs or put under the fitted sheet. Only sleep clothing that is designed to keep an infant warm without the possible hazard of covering the head or face may be used during sleep or nap time. G. Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen must be placed in the crib or playpen for the remainder of their sleep or nap time. (C) Tables and Seating Equipment. 1. Preschool and school-age children. Table and seating space for eating and table activities shall be available for children twelve (12) months of age and older. 2. Infants and toddlers. Infants and toddlers who are unable to sit at a table shall be served meals at a feeding table, high chair, infant seat or other safely designed infant-seating equipment. Equipment shall be provided which will allow a child to sit comfortably and securely while being fed. Appropriate restraints shall be used. (2) Indoor Play Equipment and Materials. (A) General Requirements. 1. Play equipment and materials shall be clean, in good condition with all parts intact and accessible to children. 2. Play equipment and materials shall be replaced as needed to maintain the number of items required for the licensed capacity of the home. 3. Toys or materials that come in sets shall be considered one (1) item. (B) Preschool and School-Age Children. 1. Children twenty-four (24) months of age or older shall have an ample variety of age-appropriate toys, books, creative materials and activities which provide fun, stimulation, development and opportunities for individual choices. 2. A minimum of forty (40) approved items shall be required. The forty (40) items shall include at least four (4) items from each of the following categories: A. Blocks, construction and transportation toys; B. Manipulatives; C. Creative arts; D. Large muscle activities; E. Library and language activities; F. Music and rhythm activities; G. Dramatic and housekeeping play; and H. Science activities or sensory experiences. (C) Infants and Toddlers. 1. Infants and toddlers shall have safe toys which shall be washed when soiled. Toys, parts of toys or other materials shall not be small enough to be swallowed. Toys and materials shall include a minimum of one (1) approved item from each of the following categories for each infant and toddler in the licensed capacity of the home: A. Push-pull toys; B. Balls or other large muscle equipment; C. Blocks, stacking toys or other manipulatives; and D. Cloth or plastic-coated books. (3) Outdoor Equipment. (A) All outdoor equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts. Only lead-free paint shall be used. (B) Outdoor equipment shall be provided for the ages and number of children in care to meet their physical and developmental needs. (C) Children shall be instructed in the safe use of outdoor equipment. (D) Stationary equipment such as swings, slides and climbers shall be securely anchored, have no exposed footings and be placed to avoid accidents or collisions. (E) For family day care homes initially licensed after the effective date of these rules or for homes installing new equipment, any part of the equipment from which children might fall shall not be more than six feet (6’) in height. (F) Equipment with moving parts which might pinch or crush children’s hands or fingers shall not be used unless the moving parts which pose a threat to children have guards or covers. “S” hooks shall be pinched together to avoid catching children’s skin or clothing. (G) Swings shall have lightweight seats of rubber, plastic, canvas or nylon. (H) Exposed bolts and screws shall be recessed into the frame, covered or filed to avoid sharp edges. (I) Ropes, loops or any hanging apparatus that might entrap, close or tighten upon a child shall not be permitted. (J) Trampolines shall not be used. Mini-trampolines, aerobic bouncers or other similar small jumping equipment may be used with close supervision. AUTHORITY: sections 210.221 and 210.223, RSMo Supp. 2015.* This rule previously filed as 13 CSR 40-61.080, 13 CSR 40-61.095, and 19 15 AND SECONDARY EDUCATION CSR 40-61.095. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.095, effective Dec. 9, 1993. Changed to 19 CSR 30-61.095 July 30, 1998. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended: Filed Nov. 10, 2015, effective April 30, 2016. Moved to 5 CSR 25-400.095, effective Aug. 30, 2021. *Original authority: 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015 and 210.223, RSMo 2015.