Supervision/2nd Floor

[Crystal]

The OP said CCL, I'm wondering if she's even from the U.S.? I know Canadian providers have fewer regulations than we do and don't need the trainings many of us have to take (ie: safe sleep)

I know some find it hard to believe, but many, many people do not realize how dangerous it is for children to sleep in "devices" especially when those items are marketed for sleep.

I think by CCL she meant Child Care Licensing or Community Care Licensing. That's what it is called here in Cali.

[Guest]

Texas Minimum Standards for Infants

Sorry not to reply sooner, but to clarify, I live in Texas. I have cut and pasted most of the rules we have in our minimum standards for Infant Care. I'll post the supervision rule in a few minutes. Basically I wanted you all to see that there is absolutely nothing in our standards that says an infant cannot sleep in any type of infant or toddler seat. I am very sad to hear of deaths in infant devices and honestly cannot understand how they happen. I have been registered with the state since 1984 with no major deficiencies or injury reports, ever. My nephew died of SIDS when I was 13 so I don't have to tell you all how that changed my perspective of a child's life. His brother died at 16 in a car accident and my step-nephew died at 8 in an ATV accident. Sadly the accidents were preventable, so I am determined to avoid any type of accident here. The rocker Ella was in is designed for infants and toddlers. Her feet did not touch the floor and the rocker is designed to tilt back. The ads for it say an infant or toddler can use it to sleep, and as you will see below, there is no rule at all saying I cannot use it at nap time.
I appreciate the comments and hope this clears up some of the questions.
I was cited for supervision, being on the 2nd floor, not anything to do with where she was or that she was in the rocker.

Texas Minimum Standards
Subchapter H, Basic Care Requirements for Infants

§747.2301 What are the basic care requirements for infants?
Basic care for infants must include:
(1) Individual attention given to each child including playing, talking, cuddling, and holding; (2) Holding and comforting a child who is upset;
(3) Prompt attention given to physical needs, such as feeding and diapering; (4) Talking to children as they are fed, changed, and held, such as naming objects, singing, or saying rhymes; and (5) Ensuring objects less than 1 and 1/4 inches in diameter are kept out of the reach of children younger than three years.
• Objects, materials and toys less than 1 and ¼ inches in diameter can be stored in places where children of certain age groups may not have access to them.
• The AAP recommends that the wishes of children, regardless of their ages, should always be respected with regard to physical contact and their comfort/discomfort with it. If a child indicates that he or she does not wish to be held or comforted, even “friendly contact” with a child should be avoided.

747.2303 How must I arrange the space where I care for infants?
The room arrangement of the infant care area must:
(1) Make it possible for caregivers to see and/or hear infants and be able to intervene when necessary; (2) Include safe, open, floor space for floor time play; (3) Have cribs far enough apart so that one infant may not reach into another crib; and (4) Provide caregivers enough space to walk and work between cribs, cots, and mats.
Infants need calm environments away from the stimulation of older children. This also reduces the risk of infectious respiratory diseases. Placing cribs far enough apart to prevent one child from reaching into the crib of another child protects the safety of the infants. This spacing also reduces the likelihood of transmission of infectious respiratory diseases spread by large droplets generated by a sneeze or cough, and can be effective in controlling the spread of other infectious diseases in the child care environment.

747.2305 What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following: (1) An individual crib for each non-walking infant; (2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant; (3) A sufficient number of toys to keep the children engaged in activities. Recommendation: A chair or rocker allows the caregiver to hold, rock, comfort, talk, sing, and read to infants in an intimate, nurturing manner. It also provides a place for a mother to breastfeed her child.

747.2307 Must the equipment I use for infants be equipped with safety straps?
If you use high chairs, swings, strollers, infant carriers, rockers, and bouncer seats or similar types of equipment, they must be equipped with safety straps that must be fastened whenever a child is using the equipment.

§747.2309 What specific safety requirements must my cribs meet?
(a) All cribs must have: (1) A firm, flat mattress that snugly fits the sides of the crib. The mattress must not be supplemented with additional foam material or pads; (2) Sheets that fit snugly and do not present an entanglement hazard; (3) A mattress that is waterproof or washable; (4) Secure mattress support hangers, and no loose hardware, or improperly installed or damaged parts; (5) A maximum of 2 3/8 inches between crib slats or poles; (6) No corner posts over 1/16 inch above the end panels; (7) No cutout areas in the headboard or foot board that would entrap a child’s head or body; (8) Drop gates, if present, which fasten securely and cannot be opened by a child; and (9) Documentation that each crib meets the applicable federal rules at Title 16, Code of Federal Regulations, Parts 1219 or 1220, concerning “Safety Standards for Full-Size Baby Cribs” and “Safety Standards for Non-Full-Size Baby Cribs,” respectively, or documentation that each crib is a medical device listed and registered with the U.S. Food and Drug Administration. (b) You must sanitize each crib when soiled and before another child uses the crib. (c) You must never leave a child in a crib with the drop gate down.
• Research shows more babies die in incidents involving cribs than with any other piece of nursery equipment.
• If a soda can fits easily between the slats on a crib, the slats are too wide.
• A mattress is too loose if there are more than two finger widths between the edge of the mattress and the crib side.
• Cribs manufactured before 06/28/2011 may not meet the safety standards established by the Consumer Product Safety Commission (CPSC).
• Documentation that you may use to verify your crib is in compliance with CPSC regulations includes the certificate of compliance, registration card, or tracking label. You may request this documentation from the manufacturer or retailer.
• The certificate of compliance is a document that describes the crib and whether the crib complies with 16 CFR 1219 or 16 CFR 1220. The certificate includes the contact information for the importer or domestic manufacturer and the testing lab. It also lists the date and location of manufacture and testing.
• The registration card is a postage-paid form provided by the crib manufacturer. The card includes the manufacturer's name and contact information, model name, model number, and the date of manufacture.
• The tracking label is attached to the crib and contains basic information such as the date of manufacture and the source of the crib.
• You may find additional guidance on obtaining supporting documentation for your cribs on the CPSC website at http://www.cpsc.gov.
• In order to maintain the required documentation for each crib consider developing a system to easily tie the required documentation to the appropriate crib. Examples may include photographs of each crib attached to the documentation or a tracking sheet that includes information such as the date of purchase, manufacturer and model number, date of manufacture, and what documentation is on file (certificate of compliance, tracking label, or registration card).
• A crib that meets the definition of “device” in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 201(h)) is subject to regulation by the Food and Drug Administration (FDA), not CPSC.

§747.2311 Are mesh cribs or port-a-cribs allowed?
Yes. Non-full-size, portable, or mesh-side cribs are allowed, but some additional safety requirements must be followed:
(1) You must use non-full-size, portable, or mesh-side cribs according to the manufacturer’s recommendations. These cribs must also have: (A) A minimum height of 22 inches from the top of the railing to the mattress support at its lowest level;(B) Mesh openings that are 1/4 inch or less; (C) Mesh which is securely attached to top rail, side rail, and floor plate; and (D) Folded sides that securely latch in place when raised; (2) You must never leave a child in a mesh-sided crib with a side folded down.

§747.2315 Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics, must not be used in your child-care home: (1) Baby walkers;(2) Baby bungee jumpers;(3) Accordion safety gates;(4) Bean bags, waterbeds, and foam pads used as sleeping equipment; and (5) Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.
• Baby walkers present a hazard due to risk of falls down stairs or steps, and tipping over thresholds or carpet edges. They provide infants accessibility to potentially hot surfaces such as oven doors, heaters, and fireplaces; containers of hot liquids such as coffee, soup, or cooking oils; dangling appliance cords; poisonous plants, hazardous substances, and buckets, toilets, or other containers of water.
• Baby bungee jumpers are not appropriate for use in a group setting. A caregiver, alone with children of mixed ages to supervise, would not be able to provide the one-on-one supervision this type of equipment requires, if they are to be used safely.
• Accordion gates with large V-shaped openings along the top edge and diamond shaped openings between the slats present entrapment and entanglement hazards resulting in strangulation, choking, or pinching to children who try to crawl through or over the gate.
• Examples of items that present a choking hazard for infants and toddlers include coins, balloons, safety pins, marbles, Styrofoam © and similar products, and sponge, rubber, or soft plastic toys.
• Studies on SIDS support eliminating soft bedding materials, sleep positioning devices, and stuffed toys used for children under twelve months.

747.2317 What activities must I provide for infants?
Activities for infants must include at least the following: (1) Daily opportunities for outdoor play as weather permits; (2) Opportunities to explore outside the crib or other confining equipment multiple times during each day;(3) Opportunities for reaching, grasping, pulling up, creeping, crawling, and walking in a safe, clean, uncluttered area;(4) Opportunities for visual stimulation through nonverbal communication. Examples of age-appropriate equipment include large pictures of faces and familiar objects, simple, soft, washable books and toys, unbreakable mirrors or mobiles attached to cribs visible from the baby’s position, and brightly patterned crib sheets;(5) Opportunities for auditory stimulation. Examples of age-appropriate equipment or activities include verbal communication, soothing music, and musical or sounding toys;(6) Opportunities for sensory stimulation. Examples of age-appropriate equipment include surfaces, fabrics, textured toys, or washable dolls, and toy animals; (7) Opportunities for small-muscle development. Examples of age-appropriate equipment or activities include busy boxes, rattles, teethers, grasping toys, shaking or squeezing toys, or cloth toys; and (8) Opportunities for large-muscle development. Examples of age-appropriate equipment or activities include blankets or quilts for floor time, crib and play gyms, variety of light-weight balls, or pillows or supportive equipment for those learning to sit up.
A chance to play outdoors every day helps keep children healthy. Fresh air in a large space contains fewer germs. Outdoor play also provides a wider variety of opportunities for sensory stimulation through sounds, smells, and textures and is supported by the National Association for the Education of Young Children (NAEYC).


§747.2323 Must I provide a regularly scheduled nap,time for infants?
Yes. Each infant must have a nap period that: (1) Allows the infant to maintain his or her own pattern of sleeping and waking periods; and (2) Allows the caregiver to supervise the infant according to §747.1503 of this title (relating to What does Licensing mean be “supervise children at all times”?).

§747.2325 How long are infants allowed to remain in their cribs after awakening?
An infant may remain in the crib or other confining equipment for up to 30 minutes after awakening, as long as the infant is content and responsive.
Exploring outside of the crib gives infants freedom of movement, which cannot be met in swings, infant carriers, strollers, or otherwise physically limiting equipment.

747.2327 Are infants required to sleep on their backs?
Infants not yet able to turn over on their own must be placed in a face-up sleeping position, unless the child’s parent presents written documentation from a health-care professional stating that a different sleeping position is allowed or will not harm the infant.
• Sudden Infant Death Syndrome (SIDS), the sudden and unexplained death of an infant, is the major cause of death in babies between 1 and 4 months old. After 30 years of research, scientists still cannot find a cause for SIDS; however, research has found the risk of SIDS may be reduced by placing a healthy infant on his or her back to sleep.
• If the infant was born with a birth defect, often spits up after eating, or has a breathing, lung or heart problem, a doctor or nurse may recommend a different sleep position to use.
• Providing “tummy time” several times each day is important because it prepares infants for the time when they will be able to slide on their bellies and crawl. The caregiver needs to stay near and closely supervise the infant during tummy time.

§747.2328. May I swaddle an infant to help the infant sleep?
No. You may not lay a swaddled infant down to sleep or rest on any surface at any time.

§747.2329 If an infant has difficulty falling asleep, may I cover the infant’s head or crib?
No. Infants must not have their heads, faces, or cribs covered by items such as blankets, linens, or clothing at any time.

§747.2331 Must I share a daily report with parents for each infant in my care?
No, you are not required to provide a daily written report to the child’s parent.

[nanglgrl]

What kind of rocker advertises as safe for a 1 year old child to sleep in? You must be talking about a rocker that's not a rocking chair and more of a bouncy seat? I've never heard of one made for a child so old. It's also rare for a company to say sonething is safe for sleep (except cribs) these days since its sets them up for liability if a child dies.

[Rockgirl]

I think this is why the violation will still stand:

Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child’s care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child’s needs. The caregiver must intervene when necessary to ensure children’s safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.

[nanglgrl]

• The AAP recommends that the wishes of children, regardless of their ages, should always be respected with regard to physical contact and their comfort/discomfort with it. If a child indicates that he or she does not wish to be held or comforted, even “friendly contact” with a child should be avoided.

Was the toddlers wishes being considered? She was strapped in a chair which leads me to believe she didn't want to be in the chair voluntarily.




(1) Make it possible for caregivers to see and/or hear infants and be able to intervene when necessary;

You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.


747.2305 What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following: (1) An individual crib for each non-walking infant; (2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant;

While you may have had a crib, cot or bed for her you weren't utilizing it which would probably lead the inspector to think you didn't have the proper equipment. In addition there are sp civic rules for cribs, mats and portable cribs which elude to them being the only thing allowed for young children to sleep in. Of course they don't say that specifically though.


§747.2315 Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics, must not be used in your child-care home: (1) Baby walkers;(2) Baby bungee jumpers;(3) Accordion safety gates;(4) Bean bags, waterbeds, and foam pads used as sleeping equipment; and (5) Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.

747.2323 Must I provide a regularly scheduled nap,time for infants?
Yes. Each infant must have a nap period that: (1) Allows the infant to maintain his or her own pattern of sleeping and waking periods; and (2) Allows the caregiver to supervise the infant according to §747.1503 of this title (relating to What does Licensing mean be “supervise children at all times”?).


I would think the rules are quite clear that a child is supposed to be placed in a crib, portable crib or on a mat for rest and that no other device is allowed for sleep. However, you were cited for supervision not use of equipment. I think the regulation about a child's right not to be constrained covers this but see how it might not be clear to some.

[nanglgrl]

You said you don't understand how deaths in infant devices happen. When children are too large for a device or are in a device not suited for sleep they can use their weight to manipulate the device more than a smaller child. They can tip the device causing themselves to be trapped under it, they can wiggle enough that they reposition themselves in the device making the positioning straps come in contact with their necks causing them to strangle. When they're too old for a device they can get their arms under straps and cause strangulation just by trying to get out of the device. There are so many things that can happen when a child is restrained in a device and left without visual supervision.

I'm not trying to harp on you, just wanted to let you know why anything other than a crib, portable crib or mat isn't allowed for sleep in most states.

[crazydaycarelady]

I think the OP has a problem with the wording. I doubt she "refused" to supervise, she was just upstairs, and "came back later" does make it seem like she left the house.

[Unregistered]

I'm almost positive letting a child sleep anywhere but in an approved crib or pack and play is illegal in every state.

The only regulations my state has for sleeping is in regards to a child UNDER age 12 months. Over 12 months and I can let them sleep on the sofa if I wanted.
Children 12 months and older are also considered toddlers not infants here.

[Unregistered]

I'm sorry this happened to you but I fully believe you were not supervising properly as the child was able to lose her pacifier, twist and try hard enough to reach it and then tip over before you saw it or noticed it. I don't think you "refused" to provide supervision so I don't agree with the wording of your citation but I agree that proper supervision was not used.

747.2305 What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following: (1) An individual crib for each non-walking infant; (2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant.

The regulations say a crib, a cot, a bed or a mat. It does not say a rocker chair or any other infant device.

747.2307 Must the equipment I use for infants be equipped with safety straps?
If you use high chairs, swings, strollers, infant carriers, rockers, and bouncer seats or similar types of equipment, they must be equipped with safety straps that must be fastened whenever a child is using the equipment..

I interpret the above as equipment used while the child is awake not sleeping. Using straps for napping would not be acceptable from my understanding.

§747.2315 Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics, must not be used in your child-care home: (1) Baby walkers;(2) Baby bungee jumpers;(3) Accordion safety gates;(4) Bean bags, waterbeds, and foam pads used as sleeping equipment; and (5) Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.

Was the rocker chair she was in made of foam or foam pads?
If so the regulations above say you cannot use it.

[Rockgirl]

§747.2405 What furnishings and equipment must I provide for toddlers?
Medium-High Medium -High
Medium
Medium
Subchapter I, Basic Care Requirements for Toddlers December 2010
Furnishings and equipment for toddlers must include at least the following:
(1) Age-appropriate nap or rest equipment;
----------
I know there used to be a regulation against children napping on a sofa...not sure if it's still in effect or not. But I doubt they consider a seat with a seat belt age-appropriate nap equipment. I am not trying to nit-pick--I'm really not. It's just that the child was left unattended and was injured. If you feel strongly that the violation was unfair, by all means, fight it, I just don't believe you will win, since an injury resulted.

[Guest]

I think this is why the violation will still stand:

Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child’s care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child’s needs. The caregiver must intervene when necessary to ensure children’s safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.

You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.

[littletots]

I've read your original post and the entire thread. You asked our opinion. Most agreed you were in violation. However, you seem to feel you should fight the write up. So follow your gut. I'd be interested to hear an update.

[Unregistered]

You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.

No one is questioning your intentions. I do NOT think you intentionally allowed her to get hurt but she did.

You yourself just said, you "assumed" she was sleeping again but did not go back in to see if that was the case or not. That IS not proper supervision according to your regulations. No matter what your intentions were/are.

Comfort of the child IS important but not if safety is compromised in the process and in this case it was.

All it takes is a few minutes. All it takes is once. All it takes is one person to assume.

Safety rules in my opinion should never be questioned, bent, waived or ignored. No matter the reasons.

[Rockgirl]

I've read your original post and the entire thread. You asked our opinion. Most agreed you were in violation. However, you seem to feel you should fight the write up. So follow your gut. I'd be interested to hear an update.

I totally agree. I won't quote any more regs....OP, do what you feel is right.

[Cat Herder]

Different child, different provider, same excuse, same scenario.

I feel like we just did this yesterday. Only the thread was called "Car seat death".