Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 120 - Child Care Homes › Rule 441-120.1 - 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. "Child care" shall not mean special activity programs that meet on a
				  regular basis such as music or dance classes, organized athletics or sports
				  programs, scouting programs, or hobby or craft classes or clubs.
"Child care facility"
or
"facility"
means a child care center, a preschool, or a
				  registered child development home.
"Child care home"
means a person or program
				  providing child care to any of the following children at any one time that is
				  not registered to provide child care under this chapter, as authorized under
				  Iowa Code section
				  237A.3:
1. Five or fewer children.
2. Six or fewer children, if at least one of the children is
				  school-aged.
"Child development home"
means a person or
				  program registered under this chapter that may provide child care to seven or
				  more children at any one time.
"Department"
means the department of human
				  services.
"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.
"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 registration or is
				  registered.
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.
5. The person will reside or resides in a child care home
				  that is not registered but that receives public funding for providing child
				  care.
"Provider"
means the person or program that
				  applies to receive payment from the child care assistance program to provide
				  child care and is approved as a child care home.
"Relative"
means grandparents, great
				  grandparents, aunts, uncles, and siblings living in a separate
				  residence.
"School"
means kindergarten or a higher
				  grade level.
"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.