Definitions
101152
About Definitions
The following general definitions shall apply wherever the terms are used throughout Division 12, Chapter 1, except where specifically noted otherwise.
A
"Administrator" means the licensee, or the adult designated by the licensee to act in his/her behalf in the overall management of the facility.
"Adult" means a person who is 18 years of age or older.
"Applicant" means any adult, general partner(s) of a partnership, corporation, county, city, public agency or other governmental entity that has applied for a child care center license.
"Assistant Infant Care Center Director" ("Assistant Director") means the individual as specified in Section 101415.1 designated by the child care center director to act in his or her behalf in the overall management of an infant care center.
"Authorized Representative" means any person or entity authorized by law to act on behalf of any child. Such person or entity may include but not be limited to a minor's parent, a legal guardian, a conservator or a public placement agency.
B
"Basic Services" means those services required by applicable laws and regulations to be provided by the licensee in order to obtain and maintain a child care center license.
C
“California Clearance” means an individual has no felony or misdeameanor convictions reported by the California Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.
"Capacity" means the maximum number of children authorized to be provided care and supervision at any one time in any licensed child care center.
"Care and Supervision" means any one or more of the following activities provided by a person or child care center to meet the needs of children in care:
(A) Assistance in diapering, toileting, dressing, grooming, bathing and other personal hygiene.
(B) Assistance with taking medications as specified in Sections 101226(e)(3) and (e)(4).
(C) Storing and/or distribution of medications as specified in Section 101226(e).
(D) Arrangement of and assistance with medical and dental care.
(E) Maintenance of rules for the protection of children.
(F) Supervision of children's schedules and activities for the protection of children.
(G) Monitoring food intake or special diets.
(H) Providing basic services as defined in Section 101152b.
"Child" means a person under 18 years of age who is being provided care and supervision in a child care center, except where specified otherwise.
"Child Abuse Central Index" means the California Department of Justice maintained statewide, multi-jurisdictional, centralized index of child abuse investigation reports. These reports pertain to alleged incidents of physical abuse, sexual abuse, mental/emotional abuse and/or severe neglect. Each child protection agency (police, sheriff, county welfare and probation departments) is required by law to forward to the California Department of Justice a report of every child abuse incident it investigates, unless an incident is determined to be unfounded.
"Child Abuse Central Index Clearance" means that the California Department of Justice has conducted a name search of the index and the search did not result in a match or the search resulted in a match but the California Department of Social Services determined after an investigation that the allegation of child abuse or neglect was not substantiated.
"Child Care Center" or "Day Care Center" (or "center") means any child care facility of any capacity, other than a family child care home as defined in Section 102352f.(1), in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting. The term "Child Care Center" supersedes the term "Day Care Center" as used in previous regulations.
"Child Care Center Director" or "Day Care Center Director" means the administrator of a child care center. The term "Child Care Center Director" supersedes the term "Day Care Center Director" as used in previous regulations.
(A) The term "head teacher" is an acceptable substitute for the term "child care center director" provided that the head teacher meets the qualifications of a child care center director and there is written delegation of responsibilities as specified in Section 101215.1(c)(1).
"Child Care Facility" or "Child Day Care Facility" (or "facility") means any place or building in which less than 24-hour per day nonmedical care and supervision, as defined in Section 101152c.(2), are provided to children in a group setting. The term "Child Care Facility" supersedes the term "Child Day Care Facility" as used in previous regulations.
Health and Safety Code Section 1596.750 states:
"Child day care facility" means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers and family day care homes.
"Combination Center" means any combination of child care center, infant center, school-age child care center, and child care center for mildly ill children that is owned and operated by one licensee at a common address.
"Completed Application" means:
(A) The applicant has submitted and the Department has received all required materials including: an approved fire clearance, if appropriate, from the State Fire Marshal; and a criminal record clearance on the applicant and any other individuals specified in Section 101170.
(B) The Department has completed a site visit to the child care cent
"Control of Property" means the right to enter, occupy and maintain the operation of the child care center property within regulatory requirements. Evidence of control of property may include, but is not limited to, the following:
(A) a Grant Deed showing ownership; or
(B) the lease agreement or rental agreement; or
(C) a court order or similar document that shows the authority to control the property pending outcome of a probate proceeding or an estate settlement.
"Conviction" means:
(A) A criminal conviction in California; or
(B) Any criminal conviction of another state, federal, military or other jurisdiction, which if committed or attempted in California, would have been punishable as a crime in California.
"Criminal Record Clearance" means an individual has a California Department of Justice clearance and an FBI clearance.
D
"Deficiency" means any failure to comply with any provision of the California Child Day Care Act (Health and Safety Code, Section 1596.70 et seq.) and/or regulations adopted by the Department pursuant to the Act.
"Department" means the California Department of Social Services (CDSS) or any state, county or other public agency authorized by CDSS to assume specified licensing responsibilities pursuant to Health and Safety Code Sections 1596.77 and 1596.82. The term "Department" supersedes the term "Licensing Agency" as used in previous regulations.
"Developmental Disability" means a disability as defined in Welfare and Institutions Code Section 4512(a).
(A) Welfare and Institutions Code Section 4512(a) provides in part: "Developmental disability" means a disability which originates before an individual attains age 18, continues, or can be expected to continue, indefinitely and constitutes a substantial handicap for such individual.
This term shall include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include handicapping conditions found to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals, but shall not include other handicapping conditions that are solely physical in nature.
"Director" means the director of the California Department of Social Services
E
"Emergency Approval to Operate" (EAO) (LIC 9117 [4/93]) means a temporary approval to operate a facility for no more than 60 days pending the Department's decision on whether to approve or deny a provisional license.
"Emergency Substitute," as described in Section 101216.3(h)(1), means a person at least 18 years of age.
"Evaluator" means any person who is a duly authorized officer, employee or agent of the Department, including any officer, employee or agent of a county or other public agency authorized by the Department to license child care centers.
"Evidence of Licensee's Death" shall include, but is not limited to, a copy of the death certificate, obituary notice, certification of death from the decedent's mortuary or a letter from the attending physician or coroner's office verifying the licensee's death.
"Exception" means a written authorization issued by the Department to use alternative means which meet the intent of a specific regulation and that are based on the unique needs or circumstances of a specific child or staff person. Exceptions are not transferable or applicable to other children, staff persons, child care centers or licensees.
"Exemption" means an exception to the requirements of Health and Safety Code Section 1596.871 and applicable regulations. Exemptions are not transferable.
Health and Safety Code Section 1596.871(c)(5) reads in part:
Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of his or her right to seek an exemption pursuant to subdivision (f). The individual may seek an exemption only if the licensee terminates the person's employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3).
"Existing Child Care Center" means any child care center operating under a valid, unexpired license on the date this chapter becomes effective.
F
"Federal Bureau of Investigation (FBI) Clearance" means an individual has no felony or misdemeanor convictions reported by the FBI. The individual may also have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.
G
"Guardian" means any person appointed by the Superior Court, or court of competent jurisdiction, to care for the person, or estate, or the person and estate of another, as the legal guardian pursuant to law.
I
"Infant" means a child under two years of age.
"Infant Care Center" means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting.
"Infant Care Center Director" means the administrator of an infant care center as specified in Section 101415.
"Infant Care Teacher" means a teacher as specified in Section 101416.2.
L
"License" means a written authorization by the Department to operate a child care center and to provide care and supervision. A license is not transferable.
"Licensee" means the adult, general partner(s) of a partnership, controlling partners in a limited liability corporation, corporation, county, city, public agency or other governmental entity having the authority and responsibility to operate a licensed child care center.
"Licensing Agency" - See "Department" as specified in Section 101152d. (2). The term "Department" supersedes the term "Licensing Agency" as used in previous regulations.
M
"Medical Professional" means an individual who is licensed or certified in California to perform the necessary medical procedures within his/her scope of practice. This includes, but is not limited to, Medical Doctor (MD), Registered Nurse (RN) and Licensed Vocational Nurse (LVN).
"Mental Disorder" means any of the disorders set forth in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition), published by the American Psychiatric Association, and a degree of functional impairment that renders a person eligible for the services enumerated under the Lanterman-Petris-Short Act (commencing with Section 5000 of the Welfare and Institutions Code).
N
"Nonambulatory Person" is defined in Health and Safety Code Section 13131.
(A) A person who uses supportive restraints as specified in Section 101223.1 is deemed nonambulatory.
(B) A person is not deemed nonambulatory solely because he/she is deaf, blind, or prefers to use a mechanical aid.
Health and Safety Code Section 13131 provides:
"Nonambulatory persons" means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger, and persons who depend upon mechanical aids such as crutches, walkers, and wheelchairs.
The determination of ambulatory or nonambulatory status of persons with developmental disabilities shall be made by the Director of Social Services or his or her designated representative, in consultation with the Director of Developmental Services or his or her designated representative. The determination of ambulatory or nonambulatory status of all other disabled persons placed after January 1, 1984, who are not developmentally disabled shall be made by the Director of Social Services or his or her designated representative.
P
"Physician" means a person licensed as a physician and surgeon by the Medical Board of California or the Osteopathic Medical Board of California.
"Preschool-age Child" means a child as defined in Health and Safety Code Section 1597.059.
Health and Safety Code Section 1597.059 states:
(A) ..."preschool age children" means children who are enrolled in a child day care center licensed by the department and who are not enrolled in either an infant care center or a schoolage child day care center, as these terms are defined in Title 22 of the California Code of Regulations.
"Provide" or "Provision" means to make available any service or personnel to meet licensing or other requirements.
"Provisional License" means a temporary license issued in accordance with the criteria specified in Section 101181.
Q
"Qualified Teacher Substitute" means a person at least 18 years of age with at least six postsecondary semester or equivalent quarter units in early childhood education or child development.
R
"Rehabilitation" means the effort to reestablish good character since the date of the last conviction, including, but not limited to, education, counseling or therapy, training, stable employment, restitution, remorse, changes in lifestyle, or community service.
"Relative" means spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, nephew, niece, first cousin or any such person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition even after the marriage has been terminated by death or dissolution.
S
"School-Age Child" means any child who meets one of the following:
(A) Has entered the first grade or above;
(B) Is in a child care program providing care and supervision exclusively to children enrolled in kindergarten and above.
"School-Age Child Care Center" means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to school-age children in a group setting.
"Serious Deficiency" means any deficiency that presents an immediate or substantial threat to the physical health, mental health or safety of the children in a child care center.
(A) See Section 101193(a)(1).
"Simplified Exemption" means an exemption granted on the Department's own motion, as authorized in Health and Safety Code Section 1596.871(c)(3), if the individual's criminal history meets specific criteria established by Department regulation.
"Substantial Compliance" means the absence of any serious deficiencies.
T
"Toddler Component" means the component of a preschool or infant care program designed for children between the ages of 18 months and 30 months.
U
"Urgent Need" means a situation where prohibiting the operation of the child care center would be detrimental to a child's physical health, mental health, safety or welfare. Circumstances constituting urgent need include but are not limited to:
(A) A change in the location of the child care center when children are in need of services from the same operator at the new location.
(B) A change of ownership of the child care center when children are in need of services from a new operation.
V
(Reserved)
W
"Waiver" means a nontransferable written authorization issued by the Department to use alternative means which meet the intent of a specific regulation and that are based on a facility-wide need or circumstance.
X
(Reserved)
Y
(Reserved)
Z
(Reserved)
NOTE: Authority cited: Sections 1596.81 and 1596.858(e), Health and Safety Code. Reference: Sections 1502, 1596.72, 1596.73, 1596.74, 1596.75, 1596.750, 1596.76, 1596.77, 1596.770, 1596.78, 1596.79, 1596.790, 1596.791, 1596.81, 1596.858(e), 1596.955 and 1596.956, Health and Safety Code.
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