Child Care Blog

Question:

New Subject What is your definition of: (from the state licensed rules)
1. The Licensee must ensure that all children are directly supervised by a provider at all
times. This includes:
A. Knowing where each child is, and being near enough to each child to intervene if
needed.

Does this mean in the same room with you at all time children that are 5 and under? Example if you are making lunch and the kids are in the next room, you can hear them and are checking on them, this is ok? OR No, its not ok and I need them in the kitchen with me because that is direct supervision. Another Example: 3-5 like to go another room to have their space away from babies (not knocking down their blocks, etc..) As long as I can hear them and I check on them this is ok?

I just had an incident and I'm told that direct supervision for children 0-5 is eye and ear contact and close enough to intervene when needed. So that means that the kids have to be in the same room with you at all times. They can't be in another room where you can just hear them and check on them. Only school aged kids. Do you agree or disagree?

Answer:

Child Care Licensing rule (90/50-11(1)) requires that the licensee, certificate holder, or a substitute is physically present on site and provides care and direct supervision of each child at all times.  Direct care and supervision of each child includes awareness of and responsibility foreach child in care, including being near enough to intervene if needed.

Which means a provider does not necessarily need to be in the same room as all the children, but always needs to be aware of and responsible for the children.  For example, if a provider was caring for an infant, the provider is still responsible for the infant even if they are not in the room.  A provider could take the infant with them when they leave the room, or take extra care to ensure that the infant is not in a place where they could get hurt while the provider is gone (not leave them on the floor with older children that could pick them up and drop them, or step on them). 

The phrase "near enough to intervene" is critical where caring for other people's children.  If a child is injured, and that injury could have been prevented if the provider intervened, it is a case of lack of supervision.  For example, Licensing Specialists do not look in the cupboards located above the kitchen counter for safety hazards.  However, a child could push a kitchen chair over to the counter, climb up on the counter, and get into the medication or cleaning products stored there.  That would be a supervision issue.

So, to answer your direct question, children do not always need to be in the same room as the provider, but the provider needs to always be aware of the children and able to intervene if needed.  It may not be enough to just be able to hear them and check on them regularly.

Karrie Phillips

Training Specialist

Child Care Licensing Program

Bureau of Child Development

Office: (801)584-8292

Cell:  (801)698-3244

kphillips@utah.gov