Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 12.00 - Minimum Standards For Child Care Tuition Assistance And On-site Or Near-site Subsidized Child Care Placements › Section 12.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				102 CMR 12.00, the following
				words shall have the following meaning unless the context otherwise
				requires:
Award
. The notification to an employer
				of the State's decision to enter into a contract with said employer for the
				procurement of goods or services.
Child
. A child of the employee under
				age 13 for whom the employee is entitled to claim an exemption on his or her
				federal income tax return; a dependent 13 years of age through 21 years of age
				inclusive for whom the employee is entitled to claim an exemption on his or her
				federal income tax return who is physically incapable of caring for himself or
				herself, and who regularly spends at least eight hours each day in the
				employee's household; or a child of the employee who is not a dependent but who
				regularly is in the employee's legal or physical custody for at least six
				months of the year.
Contract
. A legally binding and
				enforceable written agreement to provide goods or services in consideration of
				compensation to be paid by the State. For the purposes
				102 CMR 12.00, the term
				"Contract" shall not refer to:
(a) grants-in-aid;
(b) Provider Participation Agreements issued under the State's
				Medical Assistance (Medicaid) Program;
(c) amendments, renewals, and extensions of contracts, as
				defined by applicable statutes and procurement regulations, awarded prior to
				July 1, 1992;
(d) procurement of goods or services pursuant to 802 CMR
				2.28(PD); or
(e) procurement in which funds are earmarked by law for a
				specifically identified contractor or class of contractors.
Exempt Employer
. Any employer which
				certifies that it employs fewer than 50 full-time (35 hours per week) employees
				on the date of the award of the contract.
Legal Child Care
. Care and supervision
				of infants and children licensed pursuant to M.G.L. c. 28A or otherwise
				permitted by applicable law, arranged for the purpose of allowing the employee
				to be gainfully employed. Examples of such care and supervision include the
				following: in-home care providers, au pair services, care by relatives,
				homemaker services, family day care homes, group day care homes, day care
				centers, preschool programs, nursery schools, private kindergartens, before and
				after-school programs, temporary shelter care programs and programs which offer
				night care, and summer day camps for children.
Near-site
. The child care facility is
				within three miles or 15 minutes travel time, whichever is less.
On-site
. On the premises.
Placement
. A reserved slot at a legal
				child care facility that meets the needs of the child(ren) of the
				employees.
Qualified Employer
. An employer which
				certifies that it has established a dependent care assistance program which may
				be a cafeteria plan whose benefits include a dependent care assistance program,
				or child care tuition assistance, or on-site or near-site subsidized child care
				placements to its employees.
Qualifying Individual
. A child of the
				employee under age 13 for whom the employee is entitled to claim an exemption
				on his or her federal income tax return; a dependent for whom the employee is
				entitled to claim an exemption on his or her federal income tax return who is
				physically or mentally incapable of caring for himself or herself, and who
				regularly spends at least eight hours each day in the employee's household; the
				employee's spouse who is physically or mentally in capable of self-care and who
				regularly spends at least eight hours each day in the employee's household; or
				a child of the employee who is not a dependent but who regularly is in the
				employee's legal or physical custody for at least six months of the
				year.
Secretary
. The Secretary of the
				State's Executive Office for Administration and Finance or his or her
				designee.
State
. The Commonwealth of
				Massachusetts and any authority established as a public instrumentality of the
				Commonwealth of Massachusetts.
Subsidized Child Care
. Child care
				provided by an employer or another at less than the actual charge for child
				care at that particular child care facility.
Tuition Assistance
. Monetary
				assistance by an employer to or on behalf of employees toward the cost of
				providing child care. Such assistance may include vouchers, cash assistance, or
				reimbursement.