(a)  Staff members must be qualified by training and experience to carry out their respective functions in the administration, operation and maintenance of the school-age child care program. These employees must be mature, of good character and possess suitable personal qualifications. Staff must be in good physical and mental health, and have the energy and emotional stability necessary to fulfill the responsibilities of their positions.

(b) School-age child care programs must review and evaluate the backgrounds of all applicants for employee and volunteer positions with the potential for regular and substantial contact with children, except for a parent of a child enrolled in the program who is applying to be a volunteer if such parent will not be counted in determining staff/child ratios and such parent will not be left unsupervised with children on a regular basis. All applicants whose backgrounds must be reviewed must be required to provide the following:

(1) a statement or summary of each applicant's employment history including, but not limited to, any relevant child-caring experience;

employment history, work record and qualifications, and at least one of whom can attest to the applicant's character, habits and personal qualifications to be a school-age child care program staff member;

(3) a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction; and

(4) the information necessary to determine whether the applicant is the subject of an indicated report of child abuse and maltreatment as required by section 414.10(c) of this Part.

(c) If an applicant discloses in the sworn statement furnished in accordance with paragraph (3) of subdivision (b) of this section that he or she has been convicted of a misdemeanor or felony, the school-age child care program must inform the Office of Children and Family Services and provide a copy of the statement to the Office so the Office may take appropriate action in conformance with the provisions of section 413.4 of this Article.

(d) Each school-age child care program must be staffed to perform administrative/fiscal management functions and, during all hours of operation, program supervision functions, including developing, directing and supervising the daily activity programs for children. These functions may be performed by one individual or may be shared in any combination between two or more individuals.

(e) When an agency operates multiple registered programs, the person performing the administrative/fiscal management functions may be shared across such programs. Each registered program must have a staff person who meets the qualifications set forth in subdivision (g) of this section, to perform program supervision functions for that registered school-age child care program. With the prior written approval of the Office, a staff person who is qualified to perform program supervision functions may perform such functions at up to four different programs operated by a single agency. In order to obtain Office approval, the agency will be required to demonstrate how the staff person will provide adequate supervision and program development support to each site.

(f) In school-age child care programs where there are fewer than 45 children enrolled, a head of group or an assistant to the head of group may also perform administrative/fiscal management functions and/or program supervision functions, provided that the qualifications for such positions as set forth in subdivision (h) of this section have been met. In school-age child care programs where there are 45 or more children enrolled, the administrative/fiscal management functions and program supervision functions may not be performed by a head of group or an assistant to the head of group.

(g) The minimum education and experience qualifications for staff are as follows:

(h) The provision of this section notwithstanding, persons holding positions in a school-age child care program prior to the effective date of these regulations who met the qualifications which were in effect at the time they were hired may continue to be employed in such positions.

(i) No person other than a director, head of group or assistant to the head of group may supervise a group independently even for brief periods of time, except in an emergency. The minimum age of a staff person is 16 years. However, no person under 18 years of age may be left alone to supervise a group of children.