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 child-care center.
  (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. For example, if a group of toddlers is experiencing biting, consider assigning a caregiver who is trained to handle these behaviors and perhaps additional caregivers or volunteers to assist in the supervision and redirection of the children.
  (4) You must include all children in care, including children related to the child-care center director and employees.
  (5) In emergency situations, you may use child-care center employees 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 center and in care away from the center, such as during a field trip, must never exceed the licensed capacity of the center.

Source Note: The provisions of this §746.1507 adopted to be effective September 1, 2003, 28 TexReg 1402; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909