R381-40-10. Capacity and Ratio

(1) OL may limit the maximum allowed capacity for a child care facility based on local ordinances. (2) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license. (3) OL may determine the total capacity based on the number of rooms and the ages of any child cared for in those rooms. (4) As listed in Table 1 for a single-age group of children, the provider shall: (a) maintain at least the number of required caregivers; and (b) not exceed the number of children in the caregiver-to-child ratio per room. TABLE 1 Caregiver-to-Child Ratios Number of Caregivers Ages of Children Number of Children At least 1 2 years old 8 At least 1 3 years old 12 At least 1 4 years old 15 At least 1 5 years old 20 (5) As listed in Tables 2 through 4 for a mixed-age group of children, the provider shall: (a) maintain at least the number of required caregivers; and (b) not exceed the number of children in the caregiver-to-child ratio per room. TABLE 2 Two-to-Five-Year-Olds Number of Caregivers Required Ages of Children Number of Children Present 2 years old 1-7 At least 1 3, 4, and 5 years old 1-10 Maximum Total of Children in the Room: 11 TABLE 3 Three-to-Five-Year-Olds Number of Caregivers Required Ages of Children Number of Children Present 3 years old 1-11 4 years old 1-14 At least 1 5 years old 1-14 Maximum Total of Children in the Room: 16 TABLE 4 Four-to-Five-Year-Olds Number of Caregivers Required Ages of Children Number of Children Present 4 years old 1-14 At least 1 5 years old 1-17 Maximum Total of Children in the Room: 18 (6) The provider may exclude the provider's or an employee's own child, age four years or older, from the caregiver-to-child ratio when the parent of the child is working at the facility. (7) The provider may include in the caregiver-to-child ratio any: (a) caregiver; (b) student intern who is registered in a high school or college child care course; and (c) volunteer who is 16 years old or older.