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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 5101:2-13-20 | Sleeping and napping requirements for a licensed family child care provider.


(A) What are the sleep and nap requirements for a licensed family child care provider?

(1) The family child care provider shall provide a quiet space for children who want to rest, nap or sleep, including provider's own children.

(2) Nap and rest time shall be in accordance with the developmental needs of the child.

(3) Rest or nap areas shall be lighted to allow for visual supervision of all children at all times.

(4) Any child who does not fall asleep during a designated nap time shall have the opportunity to engage in quiet activities.

(5) Evacuation routes shall not be blocked by resting or napping children. Each child shall have a free and direct means of escape, and the provider shall have a clear path to each resting child.

(B) Where may children nap or rest at the home?

(1) The family child care provider may assign cribs, playpens, beds, couches, cots or mats to individual children.

(2) An air mattress designed for overnight sleeping may be used. All manufacturer's warnings are to be followed. Air mattresses designed for use as flotation devices shall not be used for napping or sleeping.

(3) A mat is a pad that is at least one inch thick and at least as wide and long as the child using the mat.

(4) A cot shall stand at least three inches and not more than eighteen inches off the floor. The cot shall be firm enough to support the child, but shall be resilient under pressure. Each cot shall be at least thirty-six inches in length and at least as long as the child assigned to the cot is tall.

(5) No child shall be permitted to rest, nap or sleep on the floor without a mat, pad or cot.

(C) What are the crib and playpen requirements for a licensed family child care provider?

(1) Unless the infant meets the requirements of paragraph (D) of this rule, each infant in attendance shall have a separate crib or playpen that meets the following requirements:

(a) Any crib manufactured before June 28, 2011 shall have a certificate of compliance (COC) on file. The provider may have to contact the manufacturer of the crib to receive a COC if they do not request one from the retailer when they purchase the crib.

(b) Cribs with a documented manufacture date after June 28, 2011 have to meet the new federal standards to be sold, so they do not require a COC. The date of manufacture is to be attached to the crib.

(c) Cribs and playpens shall be used according to manufacturer's instructions.

(d) Each crib and playpen shall be of sturdy construction and have:

(i) Closely spaced bars with corner posts that do not exceed one sixteenth of an inch above the top of the end panel.

(ii) Spaces between the bars of the crib or playpen and between the bars and end panels of the crib or playpen shall not exceed two and three-eighths inches.

(iii) Playpen mesh openings shall be less than one quarter inch.

(e) Cribs and playpens shall be used with the mattress supports in their lowest positions and the sides in the highest positions.

(f) Each crib shall have a firm mattress that is at least one and one half inches thick.

(g) Each playpen shall have a firm mattress or pad that does not exceed one inch in thickness.

(h) The space between the mattress and the side or end panels of the crib or playpen shall not exceed one and one-half inches.

(i) Each mattress shall be securely covered with a waterproof material which can be thoroughly sanitized and is not dangerous to children. The waterproof cover shall be free of rips or tears.

(j) Each mattress shall have a properly fitted clean sheet that is changed at least weekly, when soiled and before another child uses the mattress.

(2) Stacked cribs are prohibited.

(3) Bumper pads shall not be used.

(4) Nothing shall be placed or hung over the side that obstructs the provider's view of the infant.

(5) Infants shall not be placed in cribs with bibs or any other items which could pose a strangulation or suffocation risk.

(6) No blankets shall be in the crib or playpen for infants under twelve months old. A one-piece sleeper or wearable blanket is permitted. Only children who are not yet able to roll-over are permitted to be swaddled using a wearable swaddling blanket.

(7) The cribs or playpens may be placed in storage on the premises if not currently assigned to an infant.

(8) Infants shall be placed in their cribs or playpens for sleeping, and shall not be allowed to sleep in bassinets, swings, car seats or other equipment. If a medical condition exists where a child needs to sleep in equipment other than a crib or playpen, written permission shall be obtained from a physician and shall be on file.

(9) Infants under twelve months old shall be placed on their backs to sleep unless the parent provides written authorization on the JFS 01235 "Sleep Position Waiver Statement for Child Care" signed by the child's physician. The JFS 01235 shall be maintained on file for review and is valid for one year. Infants who are able to roll from back to front and front to back shall be placed initially on their back for sleeping but allowed to remain in a position they prefer.

(10) Cribs or playpens assigned to a child shall not be used for storage of toys and other materials.

(D) When shall children stop using cribs or playpens?

(1) When the child is able to climb out of the crib or playpen.

(2) When the child reaches the height of thirty-five inches.

(3) An infant twelve months or older may use a cot, pad or mat with written permission from the parent.

(4) If the use of a crib or playpen is considered hazardous for a child, regardless of age, the infant may use a cot or mat with written permission from the parent.

Last updated October 29, 2021 at 8:47 AM

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 9/1/1986, 9/5/1986, 5/1/1989, 10/1/1997 (Emer.), 12/30/1997, 4/1/2003, 7/1/2003, 9/1/2005, 1/1/2007, 9/1/2007, 8/14/2008, 7/1/2010, 9/29/2011, 8/3/2013, 1/1/2014, 11/22/2015, 12/31/2016