(a) The number of children that a single caregiver may care for during night-time sleeping hours depends on whether the caregiver stays awake or sleeps during these hours and on the ages and treatment service needs of the children in the group. Children younger than five years old count as two children.
(b) If the caregiver stays awake, the caregiver may care for:
  (1) 15 children if at least one child in the group requires treatment services; or
  (2) 24 children if none of the children in the group require treatment services.
(c) If the caregiver sleeps, the caregiver may care for:
  (1) 10 children if at least one child in the group requires treatment services; or
  (2) 16 children if none of the children in the group require treatment services.
(d) You may separate children into groups based on age and/or treatment services in order to vary the child/caregiver ratio required for each group, as long as:
  (1) The groups remain easily distinguishable and separated, such as by cottage or unit; and
  (2) The child/caregiver ratio is re-calculated any time groups intermingle, such as on a field trip.
(e) A cottage home may be out of ratio during night-time sleeping hours for short periods to enable a normal home-like routine as long as the care and supervision needs of the children continue to be met. Staff or other caregivers must be on the premises and available to respond in an emergency. These additional staff or caregivers must be specifically addressed in the written professional staffing plan.

Source Note: The provisions of this §748.1007 adopted to be effective September 1, 2010, 35 TexReg 7497; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909