(a) The caregiver is responsible for:
  (1) Knowing which children the caregiver is responsible for;
  (2) Knowing how many children the caregiver is responsible for;
  (3) Knowing each child's name and having information showing each child's age;
  (4) Providing the level of supervision necessary to ensure each child's safety and well-being, including physical proximity and auditory or visual awareness of each child's ongoing activity as appropriate; and
  (5) Being able to intervene when necessary to ensure each child's safety.
(b) In deciding how closely to supervise a child, the caregiver must take into account:
  (1) The child's chronological age;
  (2) The child's current stage of development;
  (3) The child's individual differences and abilities;
  (4) The indoor and outdoor layout of the operation;
  (5) The circumstances, hazards, and risks surrounding the child; and
  (6) The child's physical, mental, emotional, and social needs.

Source Note: The provisions of this §744.1205 adopted to be effective March 1, 2023, 48 TexReg 921