In addition to the definitions in A.R.S. §
36-881,
the following definitions apply in this Chapter unless otherwise
specified:
1. "Abuse" has the same
meaning as in A.R.S. §
8-201.
2. "Accident" means an unexpected occurrence
that:
a. Causes injury to an enrolled
child,
b. Requires attention from a
staff member, and
c. May or may not
be an emergency.
3.
"Accommodation school" has the same meaning as in A.R.S. §
15-101.
4. "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 Commission on Colleges and
Universities,
e. Commission on
Colleges, or
f. Western Association
of Schools and Colleges.
5. "Activity" means an action planned by a
licensee and performed by an enrolled child while supervised by a staff
member.
6. "Activity area" means a
specific indoor or outdoor space or room of a licensed facility that is
designated by a licensee for use by an enrolled child for an
activity.
7. "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.
8. "Administrative completeness review
time-frame" has the same meaning as in A.R.S. §
41-1072.
9. "Adult" means an individual who is at
least 18 years of age.
10.
"Age-appropriate" means consistent with a child's age and age-related stage of
physical growth and mental development.
11. "Agency" means any board, commission,
department, office, or other administrative unit of the federal government, the
state, or a political subdivision of the state.
12. "Applicant" means a person or
governmental agency requesting one of the following:
a. A license, or
b. Approval of a change affecting a license
under
R9-5-208.
13. "Application" means the documents that an
applicant is required to submit to the Department for licensure or approval of
a request for a change affecting a license.
14. "Assistant teacher-caregiver" means a
staff member who aids a teacher-caregiver in planning, developing, or
conducting child care activities.
15. "Association" means a group of
individuals other than a corporation, limited liability company, partnership,
joint venture, or public school who has established a governing board and
bylaws to operate a facility.
16.
"Background check" 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).
16.
17. "Beverage" means a liquid for drinking, including
water.
17.
18. "Business organization" has the same meaning as
"entity" in A.R.S. §
10-140.
18.
19.
"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.
19.
20. "Calendar week"
means a seven-day period beginning on Sunday at 12:00 a.m. and ending on
Saturday at 11:59 p.m.
20.
21. "C.C.P." means
Certified Childcare Professional, a credential awarded by the National Early
Childhood Program Accreditation.
21.
22. "C.D.A." means
Child Development Associate, a credential awarded by the Council for
Professional Recognition.
22.
23. "Change in
ownership" means a transfer of controlling legal or controlling equitable
interest and authority in a facility resulting from a sale or merger of a
facility.
23.
24. "Charter school" has the same meaning as in A.R.S.
§
15-101.
24.
25.
"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;
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; or
d. One of the
following professional fields:
i.
Nursing,
ii. Social work,
iii. Psychology,
iv. Child development, or
v. A closely-related field.
25.
26. "Child care services" means the range of
activities and programs provided by a licensee to an enrolled child, including
personal care, supervision, education, guidance, and transportation.
26.
27.
"Child with special needs" means:
a. A child
with a health care provider's diagnosis and record 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.
27.
28.
"Clean" means to remove dirt or debris by methods such as washing with soap and
water, vacuuming, wiping, dusting, or sweeping.
28.
29. "Closely-related
field" means any educational instruction or occupational experience pertaining
to the growth, development, physical or mental care, or education of
children.
29.
30. "Communicable disease" has the same meaning as in
A.A.C.
R9-6-101.
30.
31.
"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.
31.
32.
"Corporal punishment" means any physical action used to discipline a child that
inflicts pain to the body of the child, or that may result in physical injury
to the child.
32.
33. "CPR" means cardiopulmonary
resuscitation.
33.
34. "Credit hour" means an academic unit earned at an
accredited college or university:
a. By
attending a one-hour class session each calendar week during a semester or
equivalent shorter course term, or
b. Completing practical work for a course as
determined by the accredited college or university.
34.
35.
"Designated agent" means an individual who meets the requirements in A.R.S.
§
36-889(D).
35.
36.
"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.
36.
37. "Discipline" means
the on-going process of helping a child develop self-control and assume
responsibility for the child's own actions.
37.
38. "Documentation"
means information in written, photographic, electronic, or other permanent
form.
38.
39. "Electronic signature" has the same meaning as in
A.R.S. §
41-351(9).
39.
40.
"Emergency" means a potentially life-threatening occurrence involving an
enrolled child or staff member that requires an immediate response or medical
treatment.
40.
41. "Endanger" means to expose an individual to a
situation where physical injury or mental injury to the individual may
occur.
41.
42. "Enrolled" means placed by a parent and accepted
by a licensee for child care services.
42.
43. "Evening and
nighttime care" means child care services provided between the hours of 8:00
p.m. and 5:00 a.m.
43.
44. "Facility" has the same meaning as "child care
facility" in A.R.S. §
36-881.
44.
45.
"Facility director" means an individual who is designated by a licensee as the
individual responsible for the daily onsite operation of a facility.
45.
46.
"Facility premises" means property that is:
a.
Designated on an application for a license by the applicant; and
b. Licensed for child care services by the
Department under A.R.S. Title 36, Chapter 7.1, Article 1, and this
Chapter.
46.
47. "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.
47.
48. "Field trip" means
an activity planned by a staff member for an enrolled child:
a. At a location or area that is not licensed
for child care services by the Department, or
b. At a child care facility in which the
child is not enrolled.
48.
49. "Final
construction drawings" means facility plans that include the architectural,
structural, mechanical, electrical, fire protection, plumbing, and technical
specifications of the physical plant and the facility premises and that have
been approved by local government for the construction, alteration, or addition
of a facility.
49.
50. "Food" means a raw, cooked, or processed edible
substance, ice, beverage, or ingredient used or intended for use or for sale in
whole or in part for human consumption, or chewing gum.
50.
51.
"Food preparation" means processing food for human consumption by cooking or
assembling the food, but does not include distributing prepackaged food or
whole fruits or vegetables.
51.
52. "Full-day care"
means child care services provided for six or more hours per day between the
hours of 5:00 a.m. and 8:00 p.m.
52.
53. "Governmental
agency" has the same meaning as in A.R.S. §
44-7002.
53.
54.
"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.
54.
55. "Hazard" means a
source of endangerment.
55.
56. "Health care
provider" means a physician, physician assistant, or registered nurse
practitioner.
56.
57. "High school equivalency diploma" means:
a. A document issued by the 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
agencies.
57.
58. "Hours of operation" means the specific time
during a day for which a licensee is licensed to provide child care
services.
58.
59. "Illness" means physical manifestation or signs of
sickness, such as pain, vomiting, rash, fever, discharge, or
diarrhea.
59.
60. "Immediate" or "immediately" means without
restriction, delay, or hesitation.
60.
61. "Inaccessible"
means:
a. Out of an enrolled child's reach,
or
b. Locked.
61.
62.
"Infant" means:
a. A child 12 months of age or
younger, or
b. A child 18 months of
age or younger who is not yet walking.
62.
63. "Infant care"
means child care services provided to an infant.
63.
64. "Infestation"
means the presence of lice, pinworms, scabies, or other parasites.
64.
65.
"Inspection" means:
a. Examination of a
facility by the Department to determine compliance with A.R.S. Title 36,
Chapter 7.1, Article 1, and this Chapter;
b. Review of facility documents, records, or
reports by the Department; or
c.
Examination of a facility by a local governmental agency.
65.
66.
"Lesson plan" means a written description of the activities scheduled in each
activity area for a day.
66.
67. "License" means
the written authorization issued by the Department to operate a facility in
Arizona.
67.
68. "Licensed applicator" who complies with A.A.C.
R3-8-201(C).
68.
69. "Licensed capacity" means the maximum number of
enrolled children for whom a licensee is authorized by the Department to
provide child care services in a facility or a part of a facility at any given
time.
69.
70. "Licensee" means a person or governmental agency
to whom the Department has issued a license to operate a facility in
Arizona.
70.
71. "Local" means under the jurisdiction of a city or
county in Arizona.
71.
72. "Mat" means a foam pad that has a waterproof cover
and is of sufficient size and thickness to accommodate the height, width, and
weight of a reclining child's body.
72.
73. "Medication" means
a substance prescribed by a physician, physician assistant, or registered nurse
practitioner or available without a prescription for the treatment or
prevention of illness or infestation.
73.
74. "Menu" means:
a. A written description of the food that a
facility provides and serves as a meal or snack, or
b. The combination of food that a facility
provides and serves as a meal or snack.
74.
75. "Motor vehicle"
has the same meaning as in A.R.S. §
28-101.
75.
76.
"N.A.C." means the National Administrator Credential, a credential issued by
the National Institute of Child Care Management.
76.
77. "Name" means, for
an individual, the individual's first name and the individual's last
name.
77.
78. "Naptime" means any time during hours of
operation, other than evening and nighttime hours, that is designated by a
licensee for the rest or sleep of enrolled children.
78.
79. "Neglect" has the
same meaning as in A.R.S. §
8-201.
79.
80.
"One-year-old" means a child who is not an infant and at least 12 months of age
but not yet two years of age.
80.
81. "Outbreak" has the
same meaning as in A.A.C.
R9-6-101.
81.
82. "Overall
time-frame" has the same meaning as in A.R.S. §
41-1072.
82.
83.
"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.
83.
84.
"Part-day care" means child care services provided for fewer than six hours per
day between the hours of 5:00 a.m. and 8:00 p.m.
84.
85. "Perishable food"
means food that becomes unfit for human consumption if not stored to prevent
spoilage.
85.
86. "Pesticide" has the same meaning as in A.R.S.
§
32-3601.
86.
87.
"Pesticide label" means the written, printed, or graphic matter approved by the
United States Environmental Protection Agency on, or attached to, a pesticide
container.
87.
88. "Physical injury" means temporary or permanent
damage or impairment to a child's body.
88.
89. "Physical plant"
means a building that houses a facility, or the licensed areas within a
building that houses a facility, including the architectural, structural,
mechanical, electrical, plumbing, and fire protection elements of the
building.
89.
90. "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 law of another state.
90.
91.
"Physician assistant" means:
a. An individual
who is licensed under A.R.S. Title 32, Chapter 25; or
b. An individual who is licensed as a
physician assistant under the law of another state.
91.
92.
"Private pool" has the same meaning as "private residential swimming pool" in
A.A.C.
R18-5-201.
92.
93.
"Private school" has the same meaning as in A.R.S. §
15-101.
93.
94.
"Program" means a variety of activities organized and conducted by a staff
member.
94.
95. "Public pool" has the same meaning as "public
swimming pool" in A.A.C.
R18-5-201.
95.
96.
"Public school" has the same meaning as "school" in A.R.S. §
15-101.
96.
97.
"Registered nurse practitioner" means:
a. An
individual who is licensed and certified as a "registered nurse practitioner"
under A.R.S. §
32-1601,
or
b. An individual who is licensed
or certified as a registered nurse practitioner under the law of another
state.
97.
98. "Regular basis" means at recurring, fixed, or
uniform intervals.
98.
99. "Responsible party" means an individual or a group
of individuals who:
a. Is assigned by a public
school, charter school, or governmental agency; and
b. Has general oversight of the child care
facility.
99.
100. "Sanitize" means to use heat, chemical agents, or
germicidal solutions to disinfect and reduce pathogen counts, including
bacteria, viruses, mold, and fungi.
100.
101. "School-age
child" means a child who:
a. Meets one of the
following:
i. Is five years old on or before
January 1 of the current school year, or
ii. Is five years old on or before January 1
of the most recent school year; and
b. Meets one of the following:
i. Attends kindergarten or a higher level
program in a public, charter, accommodation, or private school during the
current school year;
ii. Attended
kindergarten or a higher level program in a public, charter, accommodation, or
private school during the most recent school year;
iii. Is home-schooled at a kindergarten or
higher level during the current school year; or
iv. Was home-schooled at a kindergarten or
higher level during the most recent school year.
101.
102.
"School-age child care" means child care services provided to a school-age
child.
102.
103. "School campus" means the contiguous grounds of a
public, charter, accommodation, or private school, including the buildings,
structures, and outdoor areas available for use by children attending the
school.
103.
104. "School governing board" has the same meaning as
"governing board" in A.R.S. §
15-101.
104.
105.
"Screen time" means the use of electronic media to watch television or to watch
a video, a DVD, or a movie at the facility or at another location or the use of
electronic media or a computer for game-playing, entertainment, communication,
or educational purposes.
105.
106. "Semi-public
pool" has the same meaning as "semipublic swimming pool" in A.A.C.
R18-5-201.
106.
107. "Service classification" means one of the
following:
a. Full-day care;
b. Part-day care;
c. Evening and nighttime care;
d. Infant care;
e. One-year-old child care;
f. Two-year-old child care;
g. Three-year-old, four-year-old, and
five-year-old child care;
h.
School-age child care; or
i.
Weekend care.
107.
108. "Signatory"
means an individual who is authorized by a school district governing board,
school district superintendent, or governmental agency to sign a document on
behalf of the school district governing board, school district superintendent,
or governmental agency.
108.
109. "Signed" means
affixed with an individual's signature or with a symbol representing an
individual's signature if the individual is unable to write the individual's
name.
109.
110. "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.
110.
111. "Space
utilization" means the designated use of an area within a facility for specific
child care services or activities.
111.
112. "Staff" or
"staff member" means the same as "child care personnel" as defined in A.R.S.
§
36-883.02.
112.
113.
"Student-aide" means an individual less than 16 years of age who is
participating in an educational, curriculum-based course of study; vocational
education; or occupational development program and who, without being
compensated by a licensee, is present at a facility to receive instruction from
and supervision by staff in the provision of child care services.
113.
114.
"Substantive review time-frame" has the same meaning as in A.R.S. §
41-1072.
114.
115.
"Supervision" means:
a. For an enrolled child,
knowledge of and accountability for the actions and whereabouts of the enrolled
child, including the ability to see or hear the enrolled child at all times, to
interact with the enrolled child, and to provide guidance to the enrolled
child; or
b. For an individual
other than an enrolled child, 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.
115.
116. "Swimming pool" has the same meaning as in A.A.C.
R18-5-201.
116.
117. "Teacher-caregiver" means a staff member
responsible for developing, planning, and conducting child care
activities.
117.
118. "Teacher-caregiver-aide" means a staff member who
provides child care services under the supervision of a
teacher-caregiver.
118.
119. "Training" means child care-related conferences,
seminars, lectures, workshops, classes, courses, or instruction.
119.
120.
"Tummy time" means a limited period-of-time no more than 20 minutes used to
allow a non-crawling infant:
i. To strengthen
the infant's head, neck, and upper body muscles; and
ii. To increase the infant's sensory
perception, visual and hearing acuity, and social and emotional
interaction.
120.
121. "Volunteer"
means a staff member who, without compensation, provides child care services
that are the responsibility of a licensee.
121.
122. "Working day"
means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a state
holiday, federal holiday, or a statewide furlough day.