Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0033 - Child Care Licensing › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Definitions

Current through July 13, 2024
(a) "Applicant"
				means any person who submits an application to the Department for a child care
				license.
(b) "Application" means
				the form on which a person indicates, in writing, a request to become licensed
				or renew a license. The individual who will be legally responsible for the
				operation of the facility which includes assuring compliance with the licensing
				law and rules shall apply for the license, using the form provided by the
				Department.
(c) "Authorized fire
				inspector" means the representative of the Department of Fire Prevention or in
				localities where self-enforcement of minimum standards exists, the official
				fire inspector.
(d) "Certification"
				refers to the laws governing the issuance of a child care license or
				certificate in accordance with W.S. §§
									
										14-4-101
				through 117. Certification and Licensing are used interchangeably in these
				rules.
(e) "Change Request" means
				the application form on which a provider/director requests a change to the
				child care license.
(f) "Child
				abuse or neglect" means the improper treatment of children as defined in W.S.
				§§
									
										14-3-202(a)(ii) and
				14-3-202(a)(vii).
(g) "Child care" is a service for families
				provided on behalf of children and their parents, and designed to supplement
				daily parental care, excluding facilities defined in the Certification of
				Providers of Substitute Care Services, 11-08-2017.
				http://soswy.state.wy.us/Rules/default.aspx
(h) "Child safety restraint system" means any
				device which is designed to protect, hold or restrain a child in a privately
				owned, leased or rented noncommercial passenger vehicle in such a way as to
				prevent or minimize injury to the child in the event of a motor vehicle
				accident or sudden stop.
(i)
				"Complaint" means a report to child care licensing that alleges a child care
				facility is in or has been in violation of applicable laws, statutes, or
				rules.
(j) "Constant air inflatable
				device" means a structure relying on a continuous supply of air pressure to
				maintain its shape, on or in which users play.
(k) "Denial" means the action taken when an
				application or a request for renewal has been submitted, but the content of the
				application or request does not demonstrate compliance with these rules and a
				license cannot be issued. Denial includes non-renewal.
(l) "Department" means the Department of
				Family Services.
(m)
				"Developmentally appropriate" means suitable to the chronological age range and
				developmental characteristics of a specific group of children.
(n) "Direct care" means providing and
				attending to any needs of the children in care, including but not limited, to
				diapering, serving and/or feeding meals, administering medication, or providing
				discipline or guidance, and may include direct supervision when required under
				these rules.
(o) "Direct
				supervision" means the function of undistracted observing, overseeing, and
				directing a child or group of children, including an awareness of, and
				responsibility for, the ongoing activity of each child and being near enough to
				respond to a child's needs to minimize harm or accidents.
(p) "Director" means any person who is
				employed to operate a Family Child Care Center or Child Care Center.
(q) "Discipline" means a process by which
				staff assists children to develop inner control necessary to manage their own
				behavior.
(r) "Employee" means any
				person, regardless of compensation, who works at the facility and may have the
				opportunity for unsupervised access to children.
(s) "Fall height" means the vertical distance
				between the highest designated play space on a piece of equipment and the
				protective surfacing beneath it.
(t) "Group size" means the maximum number of
				children allowed to occupy an individual classroom or well-defined
				space.
(u) "Household member" means
				a person who resides in a family home which may be evidenced by factors
				including, but not limited to: maintaining clothing and personal effects at the
				household address, receiving mail at the household address, using
				identification with the household address, or eating and sleeping at the
				household address on a regular basis.
(v) "Infant" means any child in care from
				birth to 12 months of age.
(w)
				"Inspection" includes, but is not limited, to an examination and assessment of
				the entire facility, premises, equipment, required records, and measurement of
				the indoor and outdoor space.
(x)
				"Licenser" means the representative of the Department who performs inspections
				and enforces compliance of these rules.
(y) "Licensing authority" also known as
				Certifying Authority, means the Department operating as the department which
				issues licenses/certificates, makes inspections, enforces rules and handles all
				administrative details relating to enforcement of
				W.S.
				14-4-101 through 117.
(z) "Medication" means any medication
				prescribed by a health care professional and commonly used non-prescription
				over-the-counter medications including, but not limited to: essential oils,
				ointments, repellents, lotions, creams or powders.
(aa) "Non-Compliance report" means any report
				of child care rules violation made to the Department in which it is determined
				after an investigation that a preponderance of evidence of the violation
				exists.
(bb) "Owner" means any
				person at or above the age of majority, or any legal entity, who applies for
				and is issued a license.
(cc)
				"Premises" means the parts of the structures and tract of land used by the
				facility for child care activities.
(dd) "Resilient surface" means the surface
				under and around playground equipment that reduces the risk of serious injury
				from a fall. For specifics visit:
				http://www.cpsc.gov/en/Safety-Education/Safety-Guides/Sports-Fitness-and-Recreation/Playground-Safety/
(ee) "School age children" means children who
				are attending kindergarten or are six (6) years old or older.
(ff) "Staff" means any owner, director,
				employee, substitute, or volunteer providing direct care of children and/or
				used to meet staff:child ratio requirements Minimum age of staff shall be 16
				years.
(gg) "Staff:child ratio"
				means the maximum number of children permitted to be directly cared for per
				staff member.
(hh) "Start date"
				means the first day staff is used to care for children.
(ii) "Swaddling" means the act of wrapping a
				child with a material such as a cloth or a blanket that restricts the movement
				of a child's body and limbs. Swaddling cloth is any material, product or device
				that restricts the movement of a child.
(jj) "Swimming pool" means any body of water
				containing more than 12 inches of water, which could be used for the purpose of
				swimming or any other recreational activity.
(kk) "Toddler" means any child in care from
				12 to 36 months of age.
(ll)
				"Unfounded Non-Compliance report" means any report of child care rules
				violation for which it is determined after an investigation that a
				preponderance of evidence of the alleged violation does not exist.
(mm) "Use zone" means 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.
(nn) "Visitor" means an individual, including
				an intern, who is present in a child care facility for no more than 24 hours in
				a month and who is present only for the purpose(s) of providing a program,
				service, conducting an inspection, investigation, observation or evaluation,
				and who is not counted in staff:child ratios, does not supervise children and
				is within sight and sound of a staff member at all times.
(oo) "Volunteer" means any person acting as
				staff without any form of payment or compensation. Minimum age for a volunteer
				is 16 years.
(pp) "Wading pool"
				means a basin filled with 12 or fewer inches of water, and designed for the
				purpose of wading.
(qq) "Weapon"
				means, but is not limited to, a firearm, explosive or incendiary material, or
				other device, instrument, material or substance, which in the manner it is
				ordinarily used, or is ordinarily intended to be used, is reasonably capable of
				producing death or serious bodily injury.
(rr) Youth Trainee" means a youth age 13 to
				16 who is not acting as staff and not receiving any form of payment or
				compensation.