South Carolina Code of Regulations › Chapter 114 - DEPARTMENT OF SOCIAL SERVICES › Article 5 - LICENSING › Subarticle 1 - DAY CARE FACILITIES › Section 114-501 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Terms used in
				South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all
				definitions cited in Section
				63-13-10 et
				seq., Code of Laws of South Carolina in addition to the definitions that
				follow:
(1) Applicant: A person 21 years of
				age or older, representing a corporation, partnership, voluntary association,
				other public or private organization who has completed, signed and submitted a
				Department of Social Services application form and other requirements to the
				Department in order to obtain a child care center license or
				approval.
(2) Approval: A written
				notice issued by the Department to a department, agency or institution of the
				State, or a county, city or other political subdivision, not otherwise
				regularly licensed, approving the commencement of operations of a public child
				care center.
(3) Blood-borne
				pathogens: Pathogenic microorganisms that are present in human blood that can
				cause disease in humans. These pathogens include, but are not limited to,
				hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
(4) Center Director: The on-site staff
				person, who is responsible for the daily operation of a child care center,
				including but not limited to supervision of staff and children. The center
				director can only have responsibility for one center and may not hold another
				full-time job during the hours of center operation.
(5) Center Co-Director: The on-site staff
				person who is responsible for the daily operation of a child care center when
				the director is not present including, but not limited to, the supervision of
				staff and children.
(6) Center
				Director Designee: The on-site staff person who assumes the responsibilities of
				the Director for limited periods of time, when neither the Director nor
				Co-Director is on-site.
(7) Central
				Registry of Child Abuse and Neglect: An automated, computerized listing,
				maintained by the Department of Social Services containing the names(s),
				address(es), birth date(s), identifying characteristics and other information
				about individual(s) who have been listed on the registry due to the
				determination of perpetrating abuse or neglect upon a child.
(8) Child: An individual, from birth through
				12 years of age (chronologically), receiving care in a child care center; or up
				to 18 years of age if the child qualifies as special needs.
(9) Child care center: A center that is
				licensed for thirteen (13) or more children for care.
(10) Complaint: Statement(s) reporting
				unsatisfactory conditions in a child care facility.
(11) Complete Application: An application is
				complete on the date of receipt of the last document required by the Department
				in order to issue a license/approval.
(12) Department: Refers to the Department of
				Social Services.
(13) Emergency
				Person: An individual 18 years of age or older, not regularly employed by the
				child care center who is immediately available to serve as staff in emergency
				situations. This person shall meet all requirements of an employed
				teacher/caregiver (including experience), with the exception of training. This
				person may not work as an emergency person for more than 80 hours in a calendar
				year.
(14) Infant: A child under 12
				months of age.
(15) License: A
				written notice issued by the Department to a private facility approving the
				commencement of operations of a child care center.
(16) Lifeguard: A person having the
				qualifications of and possessing a current American Red Cross, YMCA, or
				equivalent Lifeguard Certificate, current First Aid Certificate and current CPR
				(which includes adult, child, and infant) Certificate.
(17) Night Care: A licensed facility
				operating between the hours of 1:00 am and 5:00 am.
(18) Owner: The owner may be independent of
				the staff of the child care facility and not be required to be on the premises.
				However, the owner can be the director or a teacher/caregiver. If the owner
				serves in the capacity of staff and directly supervises children, he/she shall
				have state and federal fingerprint reviews completed in accordance with Section
				63-13-10 et.
				Seq., Code of Laws of SC, as amended, in addition to meeting all other
				requirements.
(19) Parent: The
				biological or adoptive mother or father, the legal guardian of the child or the
				individual agency with custody of the child.
(20) Preschool Child: A child 3 or 4 years of
				age or older but not yet eligible for public kindergarten.
(21) Provisional approval: A written notice
				issued by the Department to a department, agency or institution of the State,
				or a county, city or other political subdivision approving the commencement of
				operations of a public child care center although the operator is temporarily
				unable to comply with all of the requirements for approval.
(22) Provisional license: A license issued by
				the Department to a director when the director is temporarily unable to comply
				with all the requirements for a license/approval.
(23) Regular approval: A written notice
				issued by the Department for a two-year period to a department, agency or
				institution of the State, or a county, city or other political subdivision,
				approving the operation of a public child care center in accordance with the
				provisions of the regulations of the Department.
(24) Regular license: A license issued by the
				Department for two years to a director showing that the licensee is in
				compliance with the regulations of the Department at the time of issuance and
				authorizing the licensee to operate in accordance with the regulations of the
				Department.
(25) Renewal: To grant
				an extension of a regular license.
(26) Revocation: To void the regular license
				of a child care center.
(27)
				School-aged Child: A child at least old enough to enroll in public
				kindergarten.
(28) Sex Offender
				Registry: A statewide computerized listing of names and other identifying
				information on convicted sex offenders maintained and updated by the State Law
				Enforcement Division (SLED) and authorized by Section
				23-3-400 et.
				Seq., Code of Laws of South Carolina, 1976, as amended.
(29) Staff: Full-time and part-time
				management, administrative, teaching/caregiving, program, maintenance, food
				service and service personnel; emergency and substitute personnel; supervised
				students; supervised student teachers and supervised volunteers.
(30) Staff:Child Ratio: The maximum number of
				children permitted per teacher/caregiver.
(31) Student Teacher: An individual enrolled
				in his/her final practicum to be qualified for teacher certification. He or she
				shall meet the same health standards as other staff and undergo background
				investigation. He or she may be included in staff:child ratios.
(32) Student Volunteer: An individual at
				least 16 years of age from a recognized educational institution or who may
				receive credit, reimbursement for expenses or a stipend for providing services
				in a trainee capacity under supervision of a staff member at all times when
				providing direct care to children shall not be counted in the staff:child
				ratio.
(33) Substitute Teacher: A
				person who is 18 years of age or older who teaches a class when the regular
				teacher is unavailable; e.g., due to illness, personal leave, or vacation. This
				person shall meet all the requirements of an employed teacher/caregiver
				including training.
(34)
				Supervision: Care provided to an individual child or a group of children.
				Adequate supervision requires staff awareness of and responsibility for the
				ongoing activity of each child, knowledge of activity requirements, and
				children's needs and accountability for their care. Adequate supervision also
				requires the director, and/or staff being near and having ready access to
				children in order to intervene when needed. Supervision requires adequate staff
				to meet staff:child ratios, being in the room at all times or on the playground
				at all times when children are present.
(35) Teacher/Caregiver: Any person whose
				duties include direct care, supervision, and guidance of children in a child
				care center.
(36) Toddler: A child
				12 months of age or older, but younger than 24 months of age.
(37) Tracking: A written procedure to account
				for the presence of each child as the child enters and exits the premises,
				enters and exits a vehicle, or moves to a new location in or around the
				center.
(38) Training:
				Participation by child care center staff, in workshops, conferences,
				educational or provider associations, formal schooling, in-service training, or
				planned learning opportunities provided by qualified individuals. Training
				shall be age appropriate for the child population served by the child care
				center and in such subject areas related to: child care, child growth and
				development and/or early childhood education, nutrition, infection
				control/communicable disease management and causes, health and safety, signs
				and treatment of child abuse and/or neglect and shall include alternatives to
				corporal punishment. Training for directors may also be in areas related to
				supervision of child care staff or program administration.
(39) Two-year olds: A child 24 months of age
				or older but younger than 3 years of age.
(40) Volunteer: An individual parent,
				grandparent, other professional or skilled individual artist or crafts person
				at least 16 years of age infrequently assisting with the daily activities for
				children in a child care center who provides services without compensation and
				who is supervised by staff at all times when providing direct care to children.
				An individual meeting this definition is not required to undergo a fingerprint
				background check or health screening and is not counted in staff:child
				ratios.