Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XXI - Day Care Centers and Residential Facilities › Chapter 1 - General Requirements › Section XXI-101 - Definitions [formerly paragraph 21:001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise specifically provided
				herein, the following words and terms used in this Part and all other Parts
				which are adopted or may be adopted, are defined for the purpose thereof as
				follows.
Adult Day Care Center
-any place or
				  facility, operated by any person for the primary purpose of providing care,
				  supervision and guidance of 10 or more people 18 years and older, not related
				  to the caregiver and unaccompanied by parent or guardian, on a regular basis,
				  for a total of at least 20 hours in a continuous seven day week in a place
				  other than the person's home.
Child
-a person who has not reached age 18 or
				  otherwise been legally emancipated.
Child Day Care Center
-any place or facility
				  operated by any
institution,
political subdivision, society,
				  agency, corporation, person or persons, or any other group for the purpose of
				  providing care, supervision, and guidance of seven or more children, not
				  including those related to the caregiver, unaccompanied by parent or legal
				  custodian, on a regular basis for at least twelve and one-half hours in a
				  continuous seven-day week. If a child day care center provides transportation
				  or arranges for transportation to and from the center, either directly or by
				  contract with third parties, all hours during which a child is being
				  transported shall be included in calculating the hours of operation. A child
				  day care center that remains open for more than twelve and one-half hours in a
				  continuous seven-day week, and in which no individual child remains for more
				  than twenty-four hours in one continuous stay shall be known as a full-time
				  child day care center. A child day care center that remains open after 9 p.m.
				  shall meet the regulations established for nighttime care.
Day Care Center
-includes adult day care
				  center, and early learning center.
Early Learning Center
-any child day care
				  center, early head start center, head start center, or stand-alone
				  prekindergarten program not attached to a school.
Food Preparation
-any activity in which food
				  or beverages (other than pre-packaged individual servings) are cooked,
				  processed, mixed, unpackaged or otherwise handled for service to the staff and
				  clients of a care facility.
Head Start and Early Head Start Programs
-the
				  federally-funded early childhood care and education programs that promote and
				  teach school readiness to children ages
birth
to five years of
				  age from low-income families and provide services in the areas of education,
				  social services for families, nutrition, family engagement, health and mental
				  health, as well as providing the physical plant and instructional staff members
				  for such purposes.
Infant
-any child under the age of 12
				  months.
Preschool
-any child less than five years of
				  age.
Residential Facility
-any place, facility,
				  or home operated by any person who receives therein four or more people who are
				  not related to such person for supervision, care, lodging and maintenance with
				  or without transfer of custody. This shall include, but not be limited to group
				  homes, community homes, maternity homes, juvenile detention centers, emergency
				  shelters, halfway homes and schools for the mentally retarded.
Suitable Barrier
-any gate or other device
				  designed to exclude children which is non-climbable and not easily opened by
				  children, with openings in the barrier no greater than 3 1/2 inches to prevent
				  entrapment. Pantograph-type gates shall not be permitted.
AUTHORITY NOTE: The
				  first source of authority for promulgation of the sanitary code is in
				  R.S.
				  36:258(B), with more
				  particular provisions found in Parts 1 and 4 of Title 40 of the Louisiana
				  Revised Statutes. This Part is promulgated in accordance with the specific
				  provisions of
				  R.S.
				  40:4(A)(10),
				  R.S.
				  40:5, and
				  R.S.
				  40:31.15.