Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 7.00 - Standards For The Licensure Or Approval Of Family Child Care; Small Group And School Age And Large Group And School Age Child Care Programs › Section 7.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				606 CMR 7.00, the following
				words shall have the following meaning unless the context otherwise
				requires:
Applicant
- The individual who has
				been designated as the person responsible for the administration of the program
				or facility and is the duly authorized agent of the person applying for
				licensure or approval.
Approved Activity Space
- The indoor
				and outdoor areas determined by the Department to be safe and appropriate for
				children in an early education and care program. This space shall include only
				usable floor space exclusive of hallways, bathrooms, and portions of rooms or
				areas that contain furniture or equipment suitable only for adult use.
Approved Private Elementary School
- A
				program that has documentation of approval by the local education authority
				pursuant to M.G.L. c. 76, § 1.
Certified Assistant
- A person who
				holds a certified assistant certificate issued by the Department; who, at
				minimum, meets the qualifications of a provider licensed to care for six
				children; and who works with or substitutes for the licensee in a family child
				care home, depending on his/her level of qualification.
Child
- Any person younger than 14
				years old, or 16 years old with special needs.
Child Care Center
- Any facility
				operated on a regular basis whether known as a day nursery, nursery school,
				kindergarten, child play school, progressive school, child development center,
				day care center, pre-school, or known under any other name which receives
				children, not of common parentage, younger than seven years old, or younger
				than 16 years old if such children have special needs, for non-residential
				custody and care during part or all of the day separate from their parent(s).
				Child Care center shall not include: any part of a public school system; any
				part of a private organized educational system, unless the services of such a
				system are primarily limited to kindergarten, nursery or related pre-school
				services; a Sunday school conducted by a religious institution; a facility
				operated by a religious organization where children are cared for during short
				periods of time while persons responsible for such children are attending
				religious services; a family child care home; an informal cooperative
				arrangement among neighbors or relatives; or the occasional care of children
				with or without compensation therefore.
Children with Special Needs
- Children
				younger than 16 years old, who, because of temporary or permanent disabilities
				arising from intellectual, sensory, emotional, physical or environmental
				factors, or other specific learning disabilities, are or would be unable to
				progress effectively in a regular school program. This may include, but not be
				limited to, a school age child with disabilities as determined by an evaluation
				conducted pursuant to M.G.L. c. 71B, § 3, and as defined by the Department
				of Education in
				603 CMR
				28.00, or an infant or toddler with an individual
				family service plan (IFSP) receiving early intervention services.
Continuing Education Unit (CEU)
- A
				nationally recognized method for recognizing participation in professional
				development and training activities. One CEU is granted for each ten hours of
				instruction. CEUs must be approved by organizations designated by the
				Department.
Curriculum
- The topics within the
				areas of English language arts, mathematics, science and
				technology/engineering, history and social science, comprehensive health, and
				the arts that will be addressed through planned and unplanned program
				activities.
Day
- Shall mean calendar days unless
				otherwise specified in
				606 CMR 7.00.
DEP
- Department of Environmental
				Protection.
Department
- When used alone shall
				mean the Department of Early Education and Care.
Diverse Learners
- Children who have
				special physical, emotional, behavioral, cognitive or linguistic needs or whose
				primary learning modality is visual, auditory, tactile or kinesthetic, who may
				require an adaptation in the environment, interaction or curriculum in order to
				succeed in their program.
DPH
- Department of Public
				Health.
Educator
- Any person approved by the
				Department for the regular care and education of children unrelated to the
				educator in a location outside the children's own home for all or part of the
				day, regardless of his/her level of certification.
EEC
- The Department of Early
				Education and Care.
Evening Care
- Child care provided
				between the hours of 8:00 P.M. and 11:30 P.M.
Family Child Care
- Temporary custody
				and care provided in a private residence during part or all of the day for no
				more than ten children younger than 14 years old or children younger than 16
				years old if such children have special needs. Family child care shall not mean
				an informal cooperative arrangement among neighbors or relatives, or the
				occasional care of children with or without compensation therefore.
Family Child Care System
- Any entity
				or person who, through contractual arrangement, provides to family child care
				homes that it has approved as members of said system, central administrative
				functions including, but not limited to, training of operators of family child
				care homes; technical assistance and consultation to operators of family child
				care homes; inspection, supervision, monitoring, and evaluation of family child
				care homes; referral of children to available family child care homes; and
				referral of children to available health and social services, provided,
				however, that family child care system shall not mean a placement agency or a
				child care center.
Fixed Age Group
- A group of children
				within the same age range, such as infants, toddlers, preschoolers,
				kindergarten, and school age.
Group
- Two or more children who
				participate in the same activities at the same time and are assigned to the
				same educator for supervision, at the same time.
Half Day Program
- A program that
				operates four or fewer hours per day, or a program in which no child attends
				more than four hours per day.
Health Care Consultant
- A
				Massachusetts licensed physician, registered nurse, nurse practitioner or
				physician's assistant with pediatric or family health training and/or
				experience.
Health Care Practitioner
- A
				physician, physician's assistant or nurse practitioner.
Household Member
- Any person other
				than the educator who resides in the family child care home for 30 consecutive
				days or more.
Infant
- A child who is younger than
				15 months old.
Kindergarten Child
- A child who is
				five years old or who will attend first grade the following year in a public or
				private school.
Large Group and School Age Child Care
- Any program that receives on a regular basis more than ten children who are
				unrelated to their caregivers and are younger than 14 years old, or 16 years,
				if such children have special needs, during all or part of the day for
				non-residential care and education outside their own homes. Such programs shall
				include, but not be limited to, those commonly known as child care centers, day
				care centers, preschools, nursery schools, child development programs, school
				age child care programs and before and after school programs, regardless of
				their location. Such programs shall not include any part of a public school
				system; any part of a private organized educational system, unless the services
				of such a system are primarily limited to kindergarten, nursery or related
				pre-school services; any part of a program operated by an organized educational
				system for the children enrolled in that particular system, unless the services
				of such system are primarily limited to a school age child care program; Sunday
				schools or classes for religious instruction conducted by a religious
				institution; a facility operated by a religious organization where children are
				cared for during short periods of time while persons responsible for such
				children are attending religious services; an informal cooperative arrangement
				among neighbors or relatives; or the occasional care of children with or
				without compensation therefore.
Licensed Capacity
- Determination by
				the Department of the number of children that a program can care for at any one
				time under
				606 CMR 7.00.
Licensee
- Any person holding a
				license or approval issued by the Department.
Medical Emergency
- An unforeseen
				event that results in the family child care educator, a child in care, spouse,
				parent, or household member of the family child care educator needing immediate
				medical or mental health treatment.
Mixed Age Group
- A group of children
				within two consecutive age groups, such as Infant/ Toddler, Toddler/Preschool,
				Preschool/School Age or Kindergarten/School Age.
Multi-age Grouping
- Ten or fewer
				children from birth through 13 years (or 16 years, if such children have
				special needs) assigned to a single group.
Occasional Overnight Care
- Child care
				provided between the hours of 11:30 P.M. and 6:00 A.M. that is not provided on
				a regular basis.
Older School Age Child
- A child at
				least nine years old.
Parent
- Father or mother, guardian,
				or person or agency legally authorized to act on behalf of the child in place
				of, or in conjunction with, the father, mother, or guardian.
Premises
- The private residence or
				the facility that is licensed for the early care and education of children, and
				the approved outdoor space on which the residence or facility is
				located.
Preschooler/Preschool Child
- Any
				child at least two years and nine months old but not yet attending first
				grade.
Private Residence
- A dwelling that is
				occupied for living purposes so long as the dwelling is the occupant's
				full-time legal residence, and contains the facilities necessary for sleeping,
				eating, cooking, and family living.
Professional Development
- Ongoing
				education or training designed to increase an educator's skills or knowledge or
				assist the educator in gaining new competencies in his or her profession or in
				a field closely related to his or her profession. Professional development may
				fulfill the annual number of hours required by regulation to maintain a
				license, registration or credential, and/or may result in college credit or
				CEUs that lead to career advancement.
Program
- Any family child care home,
				small group and school age or large group and school age child care
				program.
Program Staff
- Anyone employed by or
				working with the child care program who may have contact with children.
Regular Assistant
- A person who holds
				a regular assistant certificate issued by the Department; does not meet the
				qualifications of the licensee for whom they are working; and who may replace a
				licensee or certified assistant on a limited basis in a family child care home
				as allowed under
				606 CMR
				7.09(15)(c)2.a.
Regular Overnight Care
- Care provided
				to any child care child between the hours of 11:30 P.M. and 6:00 A.M. more than
				one day per week for more than eight weeks in a 12-month period.
Relative
- A person who is a parent,
				grandparent, great grandparent, aunt, uncle, great aunt, great uncle or sibling
				by blood, marriage or adoption.
School Age Child
- A kindergarten
				child, or a child who is attending a public or approved private elementary
				school.
Small Group and School Age Child Care
- Any program that receives on a regular basis ten or fewer children who are
				unrelated to their caregivers and are younger than 14 years old, or 16 years,
				if such children have special needs, during all or part of the day for
				non-residential care and education outside their own homes, when such services
				are not provided in a private residence. Such programs shall include, but not
				be limited to, those commonly known as child care centers, preschools, nursery
				schools, child development programs, school age child care programs and before
				and after school programs. Such programs shall not include any part of a public
				school system; any part of a private organized educational system, unless the
				services of such a system are primarily limited to kindergarten, nursery or
				related pre-school services; a Sunday school conducted by a religious
				institution; a facility operated by a religious organization where children are
				cared for during short periods of time while persons responsible for such
				children are attending religious services; a family child care home; an
				informal cooperative arrangement among neighbors or relatives; or the
				occasional care of children with or without compensation therefore.
Standard Precautions
- Infection
				control guidelines (per the Center for Disease Control) designed to protect
				individuals from exposure to diseases spread by blood and certain body fluids.
				Health precautions include, but are not limited to, the use of personal
				protective equipment, proper disposal containers for contaminated waste, hand
				washing and proper handling of bodily waste.
Toddler
- A child who is at least 15
				months of age, but younger than 33 months old.
Unsupervised Contact with Children
-
				Any contact with children in an EEC licensed and/or funded program when no
				other Background Record Check cleared person is directly present.
Use Zone
- The surface under and
				around a piece of equipment onto which a child falling from or exiting from the
				equipment would be expected to land.
Volunteer
- Any person who assists in
				an unpaid capacity on a regular basis in an EEC licensed or funded
				program.