§ 3290.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ACIPThe Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, United States Department of Health and Human Services.
ActThe Human Services Code (62 P.S. § § 1011503).
Age levelThe grouping category appropriate for the childs age.
(i) InfantA child from birth to 1 year of age.
(ii) Young toddlerA child from 1 to 2 years of age.
(iii) Older toddlerA child from 2 to 3 years of age.
(iv) Preschool childA child from 3 years of age to the date the child enters kindergarten in a public or private school system.
(v) Young school-age childA child who attends kindergarten to the date the child enters the 4th grade of a public or private school system.
(vi) Older school-age childA child who attends the 4th grade of a public or private school system through 15 years of age.
AppealA written, signed and dated statement requesting reconsideration or modification of a Departmental decision that negatively affects the certificate of compliance of the facility. An appeal is made by the facility operator or by the facilitys legal entity.
ApplicantA legal entity that applies to operate a certified family child care home.
CPSChild Protective Services.
CPSLChild Protective Services LawTitle 23 of the Pennsylvania Consolidated Statutes Chapter 63 (relating to the Child Protective Services Law).
CRNPCertified Registered Nurse Practitioner.
Casual contactThe ordinary, routine and age-appropriate association of children, parents and facility persons in the course of daily assembly in a facility.
Certificate of complianceA document issued by the Department to a legal entity permitting the entity to operate a specific type of facility at a specific location for a specific period of time according to applicable Department regulations. A certificate of compliance licenses the operation of a facility subject to Article X of the act (62 P.S. § § 10011088).
ChildA person 15 years of age or younger.
Child abuseSerious physical or mental injury which is not explained by the available medical history as being accidental; sexual abuse or sexual exploitation; or serious physical neglect of a child if the injury, abuse or neglect of a child has been caused by the acts or omissions of the childs parent, by a person responsible for the childs welfare, by an individual residing in the same home as the child or by a paramour of a childs parent. A child will not be deemed to be physically or mentally abused for the sole reason that the child is in good faith being furnished treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof or is not provided specified medical treatment in the practice of religious beliefs or solely on the grounds of environmental factors which are beyond the control of the person responsible for the childs welfare, such as inadequate housing, furnishings, income, clothing and medical care.
Child care experienceCare for a child in lieu of care by the parent or guardian for part of a 24-hour day. The term includes care of foster children in a court-supervised arrangement. The term does not include care of related children who reside with an individual. The term does not include supervised onsite training in the case of a student who is fulfilling the requirements of a secondary or postsecondary child care training or educational curriculum.
Child with special needsA child who has one or more of the following:
(i) A disability or developmental delay identified on an IEP, an IFSP or a service agreement.
(ii) A written behavioral plan that has been determined by a licensed physician, licensed psychologist or certified behavior analyst.
(iii) A chronic health condition diagnosed by a licensed physician, physicians assistant or CRNP that requires health and related services of a type or amount beyond that required by children generally.
Communicable diseaseAn illness due to an infectious agent or its toxic products which is transmitted directly or indirectly by the infected agent to a susceptible host. Communicable diseases are specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).
DenialThe written refusal of the Department to issue a certificate of compliance to a new applicant.
DepartmentThe Department of Human Services of the Commonwealth.
FacilityA family child care home.
Facility personA staff person, a substitute staff person or a volunteer.
Family child care homeA home other than the childs own home, operated for profit or not-for-profit, in which child care is provided at any one time to four, five or six children unrelated to the operator.
IEPIndividualized education program as defined in 22 Pa. Code § § 14.101 and 14.13114.133 (relating to definitions; and IEP).
IFSPIndividualized family service plan as defined in § § 4226.5 and 4226.714226.77 (relating to definitions; and IFSPs).
InspectionA review of facility operation to determine compliance with applicable laws or regulations, conducted by an agent of the Department.
Inspection summaryA document prepared by an agent of the Department describing each regulatory noncompliance item confirmed as a result of a facility inspection.
Legal entityA person, corporation or partnership that is legally responsible for the administration of the facility.
Night careCare for a child between the hours of 7 p.m. and 7 a.m.
NonrenewalThe written refusal of the Department to issue a certificate of compliance to a legal entity previously granted a certificate of compliance at the same location.
OperatorThe legal entity or a person designated by the legal entity to serve as the staff person.
ParentThe biological or adoptive mother or father, legal guardian or foster mother or father of the child.
Potentially hazardous foodA food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
Regional office of child careDepartmental offices responsible for certified child care facilities located in counties assigned to the regional office. A certificate of compliance is issued by a regional office to the legal entity responsible for the operation of a family child care home.
RelativeA parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece or nephew.
RevocationThe Departments written retraction of a certificate of compliance which occurs prior to expiration of the facilitys certificate of compliance.
Service agreementA service agreement as defined in 22 Pa. Code § § 15.2 and 15.7 (relating to definitions; and service agreement).
SpaceAn indoor or outdoor area used for child care.
Staff personA person included in the staff:child ratio who is responsible for child care activities.
SuperviseTo be present in the child care facility with the children or with the facility person under supervision. Supervision is critical oversight in which the supervisor can see, hear, direct and assess the activity of the supervisee.
VolunteerA person 16 years of age or older who is not included in the staff:child ratio and who assists in implementing daily program activities under the supervision of a staff person.
The provisions of this § 3290.4 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901922 and 10011088).
The provisions of this § 3290.4 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133; corrected February 12, 2021, effective December 19, 2020, 51 Pa.B. 784. Immediately preceding text appears at serial pages (403439) to (403442).
This section cited in 55 Pa. Code § 3290.122 (relating to admission interview).
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