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55 Pa. Code § 3490.121. Definitions.


§ 3490.121. Definitions.

 The following words and terms, when used in this section and § §  3490.122—3490.127 (relating to verification of the existence of child abuse and student abuse records for child care services) have the following meanings, unless the context clearly indicates otherwise:

   Administrator—A person hired by or under contract with a legal entity to be responsible for the management and operation of a child care service.

   Applicant—A person who will have direct contact with children in a child care service, who does one of the following:

     (i)   Applies for gainful employment in a child care service, including an administrator, or other support personnel.

     (ii)   Applies for employment with a contractor who is under contract with a child care facility or program.

     (iii)   Is employed by a contractor seeking a contract with a child care facility or program.

   Child care service

     (i)   Child day care centers, group and family day care homes, foster homes, adoptive parents, boarding homes for children, juvenile detention center services or programs for delinquent or dependent children; mental health, mental retardation, early intervention and drug and alcohol services for children; and other child care services which are provided by or subject to approval, licensure, registration or certification by the Department or a county social services agency or which are provided under a contract with the Department or a county social services agency.

     (ii)   The term does not include services or programs which may be offered by public and private schools, intermediate units or area vocational-technical schools.

   Child caretaker

     (i)   A person whether compensated or not who provides care for a child and who voluntarily solicits certification from the Department under section 6344 of the CPSL (relating to information relating to prospective child-care personnel).

     (ii)   The term includes a babysitter, scout leader or den parent.

   Direct contact with children—Access to children by a paid employe of or person under contract with a child care service who has routine and unsupervised access to children in the course of carrying out the employe’s responsibilities in a child care service.

   Legal entity—Includes a society partnership, corporation or another governing authority legally responsible for the administration and operation of a child care service.

   Operator—A person who provides a child care service but is not hired by or under contract with a legal entity.

   Permanent employe—A child care worker who meets one of the following conditions:

     (i)   Has met the requirement of §  3490.122 (relating to responsibilities of an applicant, prospective operator or legal entity of a child care service).

     (ii)   Was employed prior to January 1, 1986, and was not required to submit the requests for clearances.

   Request for verification—A request to the Statewide Central Register from an applicant, operator of a child care service, foster parent or adoptive parent or a child caretaker seeking voluntary certification to determine whether the applicant is named as a perpetrator in an indicated or founded report of child abuse.


   The provisions of this §  3490.121 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (229427) and (211747) to (211748).

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