23.—(1) The licensee of a child care centre shall cause to submit the particulars of every staff in such form as the Director may determine.
(2) Where any change in the staff occurs, the licensee shall cause to inform the Director in writing within 28 days of the change.
Appointment of staff
24.—(1) The licensee of a child care centre shall employ a sufficient number of programme staff who have the relevant qualifications and training recognised by the Director for that particular grade of staff to ensure compliance with regulation 25.
(2) For the purposes of paragraph (1), the licensee shall employ a supervisor and programme staff, each of whom must have —
(a)
the necessary child care qualifications as set out in these Regulations or as accepted by the Director, as the case may be; and
(b)
a valid certificate in first aid recognised by the Director.
(3) No licensee shall employ any person as a member of the programme staff unless that person has furnished a declaration stating —
(a)
that he has not previously been convicted of any offence specified in regulation 26; and
(b)
whether he has previously received any letter of warning from the Director under regulation 17(2).
Programme staff-child ratio
25.—(1) Subject to paragraphs (2), (5) and (6), a licensee must ensure that the ratio of educarers to children enrolled in the licensee’s child care centre is not less than —
(a)
1:5 in respect of all children who are aged 2 or more months but not older than 18 months of age;
(b)
1:8 in respect of all children who are older than 18 months but not more than 30 months of age; and
(c)
1:12 in respect of —
(i)
all children who are older than 30 months but younger than 3 years of age; and
(ii)
all children who are aged 3 years or older and are enrolled in any Nursery 1 class conducted at the licensee’s child care centre.
(2) Notwithstanding paragraph (1), where an educarer is assisted by one or more para-educarers, the ratio of educarers to children enrolled in a licensee’s child care centre must not be less than —
(a)
1:12 in respect of all children who are older than 18 months but not more than 30 months of age; and
(b)
1:18 in respect of —
(i)
all children who are older than 30 months but younger than 3 years of age; and
(ii)
all children who are aged 3 years or older and are enrolled in any Nursery 1 class conducted at the licensee’s child care centre.
(3) Subject to paragraphs (4) and (6), a licensee must ensure that the ratio of child care teachers to children enrolled in the licensee’s child care centre is not less than —
(a)
1:15 in respect of all children who are enrolled in any Nursery 2 class conducted at the licensee’s child care centre; and
(b)
1:25 in respect of all children who are enrolled in any Kindergarten 1 class or Kindergarten 2 class.
(4) Notwithstanding paragraph (3) —
(a)
where a child care teacher is assisted by one or more para-educarers, the ratio of child care teachers to children enrolled in a licensee’s child care centre must not be less than 1:20 in respect of all children who are enrolled in any Nursery 2 class conducted at the licensee’s child care centre; and
(b)
where a child care teacher is assisted by one or more para-educators, the ratio of child care teachers to children enrolled in a licensee’s child care centre must not be less than 1:30 in respect of all children who are enrolled in any Kindergarten 1 class or Kindergarten 2 class conducted at the licensee’s child care centre.
(5) The ratio specified in paragraph (1)(a) shall apply at all times when the child care centre is open and providing child care services to children.
(6) The ratios specified in paragraphs (1)(b) and (c), (2), (3) and (4) shall apply at all times when the child care centre is open and providing child care services to children except during the periods when children arrive at and leave the child care centre and during rest periods, where paragraph (7) shall apply.
(7) During the periods when children arrive at or leave a child care centre or during rest periods, the ratio of staff to children enrolled in the child care centre must not be less than —
(a)
1:12 in respect of all children who are older than 18 months but not more than 30 months of age;
(b)
1:18 in respect of —
(i)
all children who are older than 30 months but younger than 3 years of age; and
(ii)
all children who are aged 3 years or older and are enrolled in any Nursery 1 class conducted at the licensee’s child care centre;
(c)
1:20 in respect of all children who are enrolled in any Nursery 2 class conducted at the licensee’s child care centre; and
(d)
1:30 in respect of all children who are enrolled in any Kindergarten 1 class or Kindergarten 2 class conducted at the licensee’s child care centre.
(8) The licensee of a child care centre must ensure that at any time when there is any child in the child care centre, there must be present in the child care centre at least 2 staff in the centre comprising —
(a)
at least one programme staff; and
(b)
a person who holds a valid first aid certificate recognised by the Director.
(9) The licensee of a child care centre must ensure that no child in the child care centre is at any time left alone without staff supervision.
Director may prohibit employment of certain staff
26. The Director may, in his discretion, prohibit the licensee of any child care centre from employing any person as staff of that child care centre if —
(a)
the person to be employed has been convicted of —
(i)
any offence under section 5, 6, 7, 11, 12 or 13 of the Children and Young Persons Act (Cap. 38), or any other offence involving child abuse or child neglect;
(ii)
any offence under Part XI of the Women’s Charter (Cap. 353);
(iii)
any offence under section 354, 354A, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G, 377, 377A, 377B or 509 of the Penal Code (Cap. 224); or
(iv)
any offence involving fraud, dishonesty or moral turpitude; or
(b)
the Director is not satisfied as to the character or fitness of the person to be employed as staff of the child care centre.
Licensee to issue and enforce measures
26A. The licensee of a child care centre shall, for the purpose of ensuring the safety and protection of all children in the child care centre from sexual exploitation and sexual abuse, issue rules of conduct, which are approved by the Director, to the staff of the child care centre.
