In addition to the definitions in A.R.S. §
36-897 and
unless the context indicates otherwise, the following definitions apply in this
Chapter:
1. "Abuse" has the meaning in
A.R.S. §
8-201.
2. "Accident" means an unexpected occurrence
that:
a. Causes physical injury to an enrolled
child, and
b. May or may not be an
emergency.
3.
"Accredited" means approved by the:
a. New
England, Commission of Institution of Higher Education
b. Middle States, Commission of Higher
Education
c. North Central, the
Higher Learning Commission
d.
Northwest Association of Schools and Colleges,
e. Commission on Colleges, or
f. Western Association of Colleges and
Schools.
4. "Activity"
means an action planned by a certificate holder or staff member and performed
by an enrolled child while supervised by a staff member.
5. "Adaptive device" means equipment used to
augment an individual's use of the individual's arms, legs, sight, hearing, or
other physical part or function.
6.
"Adult" means an individual 18 years of age or older.
7. "Age-appropriate" means consistent with a
child's age and age-related stage of physical growth and mental
development.
8. "Applicant" means
an individual or business organization requesting one of the following:
b. Approval of a change
affecting a certificate under
R9-3-205.
9. "Application" means the documents that an
applicant is required to submit to the Department to request a certificate or
approval of a request for a change affecting a certificate.
10. "Background check certification" means
results identified in searches according to A.R.S.§
46-811(A)
and consistent with the Child Care and
Development Block Grant Act of 2014 (
Public Law
113-186):
a. The
state sex offender registry within this state and each state where a staff
member resided during the preceding five years;
b. The state-based child abuse and neglect
registries and databases within this state and each state where a staff member
resided during the preceding five years;
c. The National Crime Information Center;
and
d. The National Sex Offender
Registry established under the Adam Walsh Child Protection and Safety Act of
2006 (42 A.S.C. 16901 et seq).
10.
11. "Business organization" has the same meaning as
"entity" in A.R.S. §
10-140.
11.
12.
"Calendar day" means each day, not including the day of the act, event, or
default from which a designated period of time begins to run, but including the
last day of the period unless it is a Saturday, Sunday, or legal holiday, in
which case the period runs until the end of the next day that is not a
Saturday, Sunday, or legal holiday.
12.
13. "Capacity" means
the maximum number of enrolled children authorized by the Department to be
present at a child care group home during hours of operation.
13.
14.
"Certificate holder" means a person to whom the Department has issued a
certificate.
14.
15. "Change in ownership" means a transfer of
controlling legal or controlling equitable interest and authority in the
operation of a child care group home.
15.
16. "Child" means any
individual younger than 13 years of age.
16.
17. "Child care experience" means an individual's
documented work with children in:
a. A child
care facility or a child care group home that was licensed, certified, or
approved by a state in the United States or by one of the Uniformed Services of
the United States;
b. A public
school, a charter school, a private school, or an accommodation school;
or
c. A public or private
educational institution authorized under the laws of another state where
instruction was provided for any grade or combination of grades between
pre-kindergarten and grade 12.
17.
18. "Child care services" means the range of
activities and programs provided by a certificate holder to an enrolled child,
including personal care, supervision, education, guidance, and
transportation.
18.
19. "Child with special needs" means:
a. A child with a documented diagnosis from a
physician, physician assistant, or registered nurse practitioner of a physical
or mental condition that substantially limits the child in providing self-care
or performing manual tasks or any other major life function such as walking,
seeing, hearing, speaking, breathing, or learning;
b. A child with a "developmental disability"
as defined in A.R.S. §
36-551;
or
c. A "child with a disability"
as defined in A.R.S. §
15-761.
19.
20.
"Clean" means:
a. To remove dirt or debris by
methods such as washing with soap and water, vacuuming, wiping, dusting, or
sweeping; or
b. Free of dirt and
debris.
20.
21. "Communicable disease" has the meaning in A.A.C.
R9-6-101.
21.
22. "Compensation" means money or other consideration,
including goods, services, vouchers, time, government or public expenditures,
government or public funding, or another benefit, that is received as
payment.
22.
23. "Controlling person" has the meaning in A.R.S.
§
36-881.
23.
24.
"Corporal punishment" means any physical act used to discipline a child that
inflicts pain to the body of the child, or that may result in physical injury
to the child.
24.
25. "CPR" means cardiopulmonary
resuscitation.
25.
26. "Credit hour" means an academic unit earned
through an accredited college or university for completing the equivalent of
one hour of class time each week during a semester or equivalent shorter course
term, as designated by the accredited college or university.
26.
27.
"Designated agent" means an individual who is authorized by an applicant or
certificate holder to receive communications from the Department, including
legal service of process, and to file or sign documents on behalf of the
applicant or certificate holder.
27.
28. "Developmentally
appropriate" means consistent with a child's physical, emotional, social,
cultural, and cognitive development, based on the child's age and family
background and the child's personality, learning style, and pattern and timing
of growth.
28.
29. "Discipline" means the on-going process of helping
a child develop self-control and assume responsibility for the child's own
actions.
29.
30. "Documentation" means information in written,
photographic, electronic, or other permanent form.
30.
31. "Emergency" means
a potentially life-threatening occurrence involving an enrolled child or staff
member that requires an immediate response or medical treatment.
31.
32.
"Endanger" means to expose an individual to a situation where physical or
mental injury to the individual may occur.
32.
33. "Enrolled child"
means a child:
a. Who is not a resident;
and
b. Who has been placed by a
parent or guardian to receive child care services regardless of
payment.
33.
34. "Fall 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.
34.
35. "Field trip" means
travel for a specific activity to a location away from an area of the child
care group home approved for providing child care services.
35.
36.
"Food" means a raw, cooked, or processed edible substance or ingredient,
including a beverage, used or intended for use in whole or in part for human
consumption.
36.
37. "Guidance" means the ongoing direction,
counseling, teaching, or modeling of generally accepted social behavior through
which a child learns to develop and maintain the self-control, self-reliance,
and self-esteem necessary to assume responsibilities, make daily living
decisions, and live according to generally accepted social behavior.
37.
38.
"Hazard"
means a source of endangerment.
38.
39. "High school
equivalency diploma" means:
a. A document
issued by the Arizona State Board of Education under A.R.S. §
15-702
to an individual who passes a general educational development test or meets the
requirements of A.R.S. §
15-702(B);
b. A document issued by another state to an
individual who passes a general educational development test or meets the
requirements of a state statute equivalent to A.R.S. §
15-702(B);
or
c. A document issued by another
country to an individual who has completed that country's equivalent of a 12th
grade education, as determined by the Department based upon information
obtained from American or foreign consulates or embassies or other governmental
entities.
39.
40. "Hours of operation" means the specific days of
the week and time period during a day when a certificate holder provides child
care services on a regular basis.
40.
41. "Illness" means
physical manifestation or signs of sickness such as pain, vomiting, rash,
fever, discharge, or diarrhea.
41.
42. "Immediate" or
"Immediately" means without restriction, delay, or hesitation.
42.
43.
"Inaccessible" means:
a. Out of an enrolled
child's reach, or
b.
Locked.
43.
44. "Individual plan" means a written description of
the daily activities required for an enrolled child with special
needs.
44.
45. "Infant" means a child 12 months of age or
younger.
45.
46. "Infestation" means the presence of lice,
pinworms, scabies, or other parasites.
46.
47. "Licensed
applicator" means an individual who complies with A.A.C.
R3-8-201(C).
47.
48.
"Mat" means a foam pad that has a waterproof cover.
48.
49. "Mechanical
restraint" means a device, article, or garment attached or adjacent to a
child's body that the child cannot easily remove and that restricts the child's
freedom of movement or normal access to the child's body, but does not include
a device, article, or garment:
a. Used for
orthopedic purposes, or
b.
Necessary to allow a child to heal from a medical condition.
49.
50. "Medication" means a substance prescribed by a
physician, physician assistant, or registered nurse practitioner or that is
available without a prescription for the treatment or prevention of illness or
infestation.
50.
51. "Menu" means a written description of food that a
child care group home provides and serves as a meal or snack.
51.
52.
"Modification" means the substantial improvement, enlargement, reduction,
alternation, or other substantial change in the facility or another structure
on the premises at a child care group home.
52.
53. "Motor vehicle"
has the meaning in A.R.S. §
28-101.
53.
54.
"Neglect" has the meaning in A.R.S. §
8-201.
54.
55.
"Outbreak" has the meaning in A.A.C.
R9-6-101.
55.
56. "Parent" means:
a. A natural or adoptive mother or
father,
b. A legal guardian
appointed by a court of competent jurisdiction, or
c. A "custodian" as defined in A.R.S. §
8-201.
56.
57.
"Perishable food" means food that becomes unfit for human consumption if not
stored to prevent spoilage.
57.
58. "Person" has the
meaning in A.R.S. §
1-215.
58.
59.
"Personal items" means those articles of property that belong to an enrolled
child and are brought to the child care group home for that enrolled child's
exclusive use, such as clothing, a blanket, a sheet, a toothbrush, a pacifier,
a hairbrush, a comb, a washcloth, or a towel.
59.
60. "Physician" means
an individual licensed as a doctor of:
a.
Allopathic medicine under A.R.S. Title 32, Chapter 13;
b. Naturopathic medicine under A.R.S. Title
32, Chapter 14;
c. Osteopathic
medicine under A.R.S. Title 32, Chapter 17;
d. Homeopathic medicine under A.R.S. Title
32, Chapter 29; or
e. Allopathic,
naturopathic, osteopathic, or homeopathic medicine under the laws of another
state.
60.
61. "Physician assistant" means:
a. The same as in A.R.S. §
32-2501,
or
b. An individual licensed as a
physician assistant under the laws of another state.
61.
62.
"Positioning device" means a belt or harness that prevents an enrolled infant's
movement.
62.
63. "Premises" means a child care group home's
residence and the surrounding property, including any structures on the
property, that can be enclosed by a single unbroken boundary line that does not
encompass property owned or leased by another person.
63.
64.
"Registered nurse practitioner" means:
a. The
same as in A.R.S. §
32-1601,
or
b. An individual licensed as a
registered nurse practitioner under the laws of another
state.
64.
65. "Regular basis" means at recurring, fixed, or
uniform intervals.
65.
66. "Residence" means a dwelling, such as a house,
used for human habitation.
66.
67. "Resident" means
an individual who receives child care services and uses a child care group home
as the individual's principal place of habitation for 30 calendar days or more
during the calendar year.
67.
68. "Sanitize" means
to use heat, a chemical agent, or a germicidal solution to disinfect and reduce
pathogen counts, including bacteria, viruses, mold, and fungi.
68.
69.
"School-age child" means a child who attends:
a. A public school, as defined for "school"
in A.R.S. §
15-101;
or
b. A private school, as defined
in A.R.S. §
15-101.
69.
70.
"Separate" means to exclude a child from and have the child physically move
away from other children, while keeping the child under supervision.
70.
71.
"Signed" means affixed with an individual's signature or, if the individual is
unable to write the individual's name, with a symbol representing the
individual's signature.
71.
72. "Sippy cup" means
a lidded drinking container that is designed to be leak-proof or leak-resistant
and from which a child drinks through a spout or straw.
72.
73.
"Space utilization" means the designated use of specific areas on the premises
for providing child care services.
73.
74. "Staff member"
means an individual who works at a child care group home providing child care
services, regardless of whether compensation is received by the individual in
return for providing child care services, and includes a provider.
74.
75.
"Supervision" means:
a. For a child who is
awake, knowledge of and accountability for the actions and whereabouts of the
child, including the ability to see or hear the child at all times, to interact
with the child, and to provide guidance to the child;
b. For a child who is asleep, knowledge of
and accountability for the actions and whereabouts of the child, including the
ability to see or hear the child at all times and to respond to the
child;
c. For a staff member who is
not an adult, knowledge of and accountability for the actions and whereabouts
of the staff member and the ability to interact with and provide guidance to
the staff member; or
d. For an
individual other than a child or staff member, knowledge of and accountability
for the actions and whereabouts of the individual, including the ability to see
and hear the individual when the individual is in the presence of an enrolled
child and the ability to intervene in the individual's actions to prevent harm
to enrolled children.
75.
76. "Swimming pool"
has the meaning in A.A.C.
R18-5-201.
76.
77.
"Training" means instruction received through:
a. Completion of a live or computerized
conference, seminar, lecture, workshop, class, or course; or
b. Watching a video
presentation.
77.
78. "Week" means a
seven-day period beginning on Sunday at 12:00 a.m. and ending on Saturday at
11:59 p.m.
78.
79. "Working day" means the period between 8:00 a.m.
and 5:00 p.m. on a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a state holiday.
