Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Adult"
means a person 18 years of age or
				  older.
"Child"
means either of the
				  following:
1. A person 12 years of age or younger.
2. A person 13 years of age or older but younger than 19
				  years of age who has a developmental disability, as defined under the federal
				  Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public
				  Law No. 106-402, codified in
				  42
				  U.S.C. 15002(8).
"Child care"
means the care, supervision, or
				  guidance of a child by a person other than the child's parent, guardian, or
				  custodian for periods of less than 24 hours per day per child on a regular
				  basis in a place other than the child's home, but does not include care,
				  supervision, or guidance of a child by any of the following:
1. An instructional program for children who are attending
				  prekindergarten as defined by the state board of education under Iowa Code
				  section
				  256.11 or a
				  higher grade level and are at least four years of age, or at least three years
				  of age and eligible for special education under Iowa Code chapter 256B, and
				  administered by a public or nonpublic school system accredited by the
				  department of education or the state board of regents or a nonpublic school
				  system which is not accredited by the department of education or the state
				  board of regents.
2. Any of the following church-related programs:
* An instructional program.
* A youth program other than a preschool, before or after
				  school child care program, or other child care program.
* A program providing care to children on church premises
				  while the children's parents are attending church-related or church-sponsored
				  activities on the church premises.
3. Short-term classes of less than two weeks' duration held
				  between school terms or during abreak within a school term.
4. A child care center for sick children operated as part of
				  a pediatrics unit in a hospital licensed by the department of inspections and
				  appeals pursuant to Iowa Code chapter 135B.
5. A program operated not more than one day per week by
				  volunteers that meets all the following conditions:
* Not more than 11 children are served per volunteer.
* The program operates for less than 4 hours during any
				  24-hour period.
* The program is provided at no cost to the children's
				  parent, guardian, or custodian.
6. A program administered by a political subdivision of the
				  state which is primarily for recreational or social purposes and is limited to
				  children who are five years of age or older and attending school.
7. An after-school program continuously offered throughout
				  the school year to children who are at least five years of age and enrolled in
				  school and attend the program intermittently, or a summer-only program for such
				  children. The program must be provided through a nominal membership fee or at
				  no cost.
8. A special activity program which meets less than four
				  hours per day for the sole purpose of the special activity. Special activity
				  programs include but are not limited to music or dance classes, organized
				  athletic or sports programs, recreational classes, scouting programs, and hobby
				  or craft clubs or classes.
9. A nationally accredited camp.
10. A structured program for the purpose of providing
				  therapeutic, rehabilitative, or supervisory services to children under any of
				  the following:
* A purchase of service or managed care contract with the
				  department.
* A contract approved by a local decategorization governance
				  board.
* An arrangement approved by a juvenile court order.
11. Care provided on site to children of parents residing in
				  an emergency, homeless, or domestic violence shelter.
12. A child care facility providing respite care to a
				  licensed foster family home for a period of 24 hours or more to a child who is
				  placed with that licensed foster family home.
13. A program offered to a child whose parent, guardian, or
				  custodian is engaged solely in a recreational or social activity, remains
				  immediately available and accessible on the physical premises on which the
				  child's care is provided, and does not engage in employment while the care is
				  provided. However, if the recreational or social activity is provided in a
				  fitness center or on the premises of a nonprofit organization, the parent,
				  guardian, or custodian of the child may be employed to teach or lead the
				  activity.
"Child care center"
or
"center
				  "
means a facility providing child day care for seven or more
				  children, except when the facility is registered as a child development home.
				  For the purposes of this chapter, the word "center" shall apply to a child care
				  center or preschool, unless otherwise specified.
"Child care facility"
or
"facility"
means a child care center, a preschool, or a
				  registered child development home.
"Department"
means the department of human
				  services.
"Direct responsibility for child care"
means
				  being charged with the care, supervision, or guidance of a child.
"Extended evening care"
means child care
				  provided by a child care center between the hours of 9 p.m. and 5 a.m.
"Facility"
means a building or physical
				  plant established for the purpose of providing child day care.
"Get-well center"
means a facility that
				  cares for a child with an acute illness of short duration for short enrollment
				  periods.
"Involvement with child care"
means licensed
				  or registered as a child care facility, employed in a child care facility,
				  residing in a child care facility, receiving public funding for providing child
				  care, providing child care as a child care home provider, or residing in a
				  child care home.
"National Health and Safety Performance
				  Standards"
means the National Health and Safety Performance Standards:
				  Guidelines for Out-of-Home Child Care Programs produced by the American Public
				  Health Association and the American Academy of Pediatrics with the support of
				  the Maternal and Child Health Bureau, Department of Health and Human
				  Services.
"Parent"
means parent or legal
				  guardian.
"Person subject to an evaluation"
means a
				  person who has committed a transgression and who is described by any of the
				  following:
1. The person is being considered for licensure or is
				  licensed.
2. The person is being considered by a child care facility
				  for employment involving direct responsibility for a child or with access to a
				  child when the child is alone, or the person is employed with such
				  responsibilities.
3. The person will reside or resides in a child care
				  facility.
4. The person has applied for or receives public funding for
				  providing child care.
"Preschool"
means a child day care facility
				  which provides care to children aged three through five, for periods of time
				  not exceeding three hours per day. The preschool's program is designed to help
				  the children develop intellectual, social and motor skills, and to extend their
				  interest in and understanding of the world about them.
"Regulatory fee"
means the amount payable to
				  the department for licensure of a child care center based on the capacity of
				  the center.
"Requesting entity"
means an entity covered
				  by these rules that is requesting an evaluation to determine if the person
				  being evaluated can have involvement with child care. The requesting entity
				  must be a child care facility as defined in Iowa Code chapter 23 7A.
"Transgression"
means the existence of any
				  of the following in a person's record:
1. Conviction of a crime.
2. A record of having committed founded child or dependent
				  adult abuse.
3. Listing in the sex offender registry established under
				  Iowa Code chapter 692A.
4. A record of having committed a public or civil
				  offense.
5. Department revocation or denial of a child care facility
				  registration or license due to the person's continued or repeated failure to
				  operate the child care facility in compliance with licensing and registration
				  laws and rules.
"Unrestricted access"
means that a person
				  has contact with a child alone or is directly responsible for child care.