Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.03 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
In these rules, unless the context otherwise requires, the
				  symbols, words and phrases set forth herein shall mean the following:**
				  *
(a) "*" means that the rule after
				which the symbol appears must be complied with prior to the issuance of an
				initial license or commission and the acceptance of any children for care by
				the applicant for a license or commission.** *
(b) "**" means that the rule after which the
				symbol appears designates those rules, or parts thereof, that an after-school
				day care center must meet in lieu of compliance with all of the rules, in order
				to obtain a restricted day care center license to serve only school-age
				children.** *
(c) "Administrator"
				or "Director" or "Executive Officer" means the licensee or commission holder,
				or a person designated in writing by the licensee or commission holder, who is
				responsible for the daily on premises supervision, operation and maintenance of
				the center.** *
(d) "Adult" means
				any competent individual eighteen (18) years of age or older.** *
(e) "Chaperon" means any adult parent or
				other adult relative of a child enrolled in the center, who occasionally
				accompanies a group of children from the center on a field trip and assists the
				center's personnel in providing supervision of the children during the field
				trip. The chaperon must be under the direct supervision of center personnel at
				all times.** *
(f) "Child with
				special needs" means a child enrolled in the center who, due to a physical
				problem, mental health disorder, mental retardation or developmental
				disability, which is either permanent or temporary, requires some adaptation of
				the center's standard program of care or activities to accommodate the child's
				special needs. The special adaptations that the center agrees to provide must
				be in writing and the result of a mutual agreement between the center and the
				parents of the child with special needs. The agreement shall be made in
				connection with the child's enrollment or at the time that the special need
				becomes apparent to the center or the parents.** *
(g) "Commission" means the document issued by
				the department in lieu of a license upon request of the governing body which
				authorizes the governing body of a local church ministry, religious nonprofit
				school or nonprofit religious charitable organization to operate a day care
				center in compliance with these rules. The requirements to obtain a commission
				under these rules shall be identical in all respects to those for obtaining a
				license.** *
(h) "Commission
				holder" means the local church ministry, religious nonprofit school or
				nonprofit religious charitable organization which holds a commission from the
				department to operate a day care center at a particular location and which is
				responsible for the operation and maintenance of the day care center in
				accordance with these rules.** *
(i) "Correctable abuse, dereliction or
				deficiency" means any conduct of a licensee or commission holder which violates
				any of these rules wherein the department has determined that the rule
				violation is not the result of any of the following: flagrant and shocking
				intentional misconduct on the part of the licensee or commission holder or
				their employees, a reckless and serious disregard for the physical or mental
				health or the safety of a child in care whether or not a child sustains a
				physical injury; some causal connection between the rule violated and the death
				or serious injury of a child in care; or, a willful disregard of a particular
				rule where the licensee or commission holder has previously been cited for
				noncompliance with the particular rule(s) and has failed to maintain the
				remedial action(s) set forth in a previous plan of correction.** *
(j) "Crime" means any felony; a violation of
				O.C.G.A. Sec.
				16-5-23, relating to simple
				battery, when the victim is a minor; a violation of O.C.G.A. Sec. 16-21-1,
				relating to contributing to the delinquency of a minor; a violation of O.C.G.A.
				Sec. 16-6-1
et seq.,
relating to sexual offenses, excluding the offenses of bigamy or marrying a
				bigamist; a violation of O.C.G.A. Sec.
				16-4-1, relating to criminal
				attempt when the crime attempted is any of the crimes specified by this
				paragraph; or any other offenses committed in another jurisdiction which, if
				committed in this state, would be one of the enumerated crimes listed in this
				paragraph.** *
(k) "Criminal
				record" means:** *
1. Conviction of a crime;
				or** *
2. Arrest, charge, and
				sentencing for a crime where:** *
(i) A plea
				of nolo contendere was entered to the charge; or** *
(ii) First offender treatment without
				adjudication of guilt pursuant to the charge was granted; provided, however,
				that this division shall not apply to a violation of O.C.G.A. Sec.
				16-13-1
et seq.,
relating to controlled substances, or any other offense committed in another
				jurisdiction which, if it were committed in this state, would be a violation of
				O.C.G.A. Sec.
				16-13-1
et seq.
if
				such violation or offense constituted only simple possession; or** *
(iii) Adjudication or sentence was otherwise
				withheld or not entered on the charge; provided, however, that this division
				shall not apply to a violation of O.C.G.A. Sec.
				16-13-1
et seq.
relating to controlled substances, or any other offense committed in another
				jurisdiction which, if it were committed in this state, would be a violation of
				Chapter 13 of Title 16 if such violation or offense constituted only simple
				possession; or** *
3.
				Arrest and being charged for a crime if the charge is pending, unless the time
				for prosecuting such crime has expired pursuant to O.C.G.A. Sec.
				17-3-1
et seq.
**
				*