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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

55 Pa. Code § 3290.4. Definitions.

§ 3290.4. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ACIP—The Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, United States Department of Health and Human Services.

   Act—The Human Services Code (62 P.S. § §  101—1503).

   Age level—The grouping category appropriate for the child’s age.

     (i)   Infant—A child from birth to 1 year of age.

     (ii)   Young toddler—A child from 1 to 2 years of age.

     (iii)   Older toddler—A child from 2 to 3 years of age.

     (iv)   Preschool child—A child from 3 years of age to the date the child enters kindergarten in a public or private school system.

     (v)   Young school-age child—A child who attends kindergarten to the date the child enters the 4th grade of a public or private school system.

     (vi)   Older school-age child—A child who attends the 4th grade of a public or private school system through 15 years of age.

   Appeal—A 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 facility’s legal entity.

   Applicant—A legal entity that applies to operate a certified family child care home.

   CPS—Child Protective Services.

   CPSLChild Protective Services Law—Title 23 of the Pennsylvania Consolidated Statutes Chapter 63 (relating to the Child Protective Services Law).

   CRNP—Certified Registered Nurse Practitioner.

   Casual contact—The ordinary, routine and age-appropriate association of children, parents and facility persons in the course of daily assembly in a facility.

   Certificate of compliance—A 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. § §  1001—1088).

   Child—A person 15 years of age or younger.

   Child abuse—Serious 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 child’s parent, by a person responsible for the child’s welfare, by an individual residing in the same home as the child or by a paramour of a child’s 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 child’s welfare, such as inadequate housing, furnishings, income, clothing and medical care.

   Child care experience—Care 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 needs—A 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, physician’s assistant or CRNP that requires health and related services of a type or amount beyond that required by children generally.

   Communicable disease—An 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).

   Denial—The written refusal of the Department to issue a certificate of compliance to a new applicant.

   Department—The Department of Human Services of the Commonwealth.

   Facility—A family child care home.

   Facility person—A staff person, a substitute staff person or a volunteer.

   Family child care home—A home other than the child’s 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.

   IEP—Individualized education program as defined in 22 Pa. Code § §  14.101 and 14.131—14.133 (relating to definitions; and IEP).

   IFSP—Individualized family service plan as defined in § §  4226.5 and 4226.71—4226.77 (relating to definitions; and IFSPs).

   Inspection—A review of facility operation to determine compliance with applicable laws or regulations, conducted by an agent of the Department.

   Inspection summary—A document prepared by an agent of the Department describing each regulatory noncompliance item confirmed as a result of a facility inspection.

   Legal entity—A person, corporation or partnership that is legally responsible for the administration of the facility.

   Night care—Care for a child between the hours of 7 p.m. and 7 a.m.

   Nonrenewal—The 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.

   Operator—The legal entity or a person designated by the legal entity to serve as the staff person.

   Parent—The biological or adoptive mother or father, legal guardian or foster mother or father of the child.

   Potentially hazardous food—A 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 care—Departmental 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.

   Relative—A parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece or nephew.

   Revocation—The Department’s written retraction of a certificate of compliance which occurs prior to expiration of the facility’s certificate of compliance.

   Service agreement—A service agreement as defined in 22 Pa. Code § §  15.2 and 15.7 (relating to definitions; and service agreement).

   Space—An indoor or outdoor area used for child care.

   Staff person—A person included in the staff:child ratio who is responsible for child care activities.

   Supervise—To 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.

   Volunteer—A 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. § §  901—922 and 1001—1088).


   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).

Cross References

   This section cited in 55 Pa. Code §  3290.122 (relating to admission interview).

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