In determining child/caregiver ratio, the following apply:
  (1) Child/caregiver ratio is based on the specified age of the children in the caregiver's group or the age of the youngest child in the group, depending on the activity and the number of children at the operation.
  (2) You may use the developmental or emotional age, rather than the chronological age, of a child with special care needs, if this is recommended by a health-care professional or other qualified professional and is documented in the child's record.
  (3) You must consider the skills of the caregiver and the needs of the individual children and the group when assigning a caregiver to a group of children.
  (4) You must include all children in care, including children related to the director and employees.
  (5) In emergency situations, you may use employees of the operation who do not meet caregiver qualifications for a limited time while a substitute caregiver is being secured. The time must be no longer than is reasonably necessary to secure a qualified substitute caregiver. Emergency situations include, but are not limited to, illness, accident, or death.
  (6) The total number of children in care at the operation and in care away from the operation, such as during a field trip, must never exceed the licensed capacity of the operation.

Source Note: The provisions of this §744.1507 adopted to be effective September 1, 2010, 35 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909