Cal. Code Regs. Tit. 22, § 102352 - Definitions

(a)

(1) "Adult" or "Substitute Adult" means a person who is 18 years of age or older.

(2) "Applicant" means any person or persons making an application for a license to operate a family child care home.

(3) "Assistant Provider" means a person at least 14 years of age who is primarily involved in caring for children during the hours that the home provides care.

(b) (Reserved)

(c)

(1) "California Clearance" means an individual has no felony or misdemeanor convictions reported by the California Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.

(2) "Capacity" means the maximum number of children for whom care is authorized at any one time.

(3) "Child" means a person, including an infant, who has not yet reached his or her eighteenth birthday.

(4) "Child Abuse Central Index" means the California Department of Justice maintained statewide, multi-jurisdictional, centralized index of child abuse investigation reports. These reports pertain to alleged incidents of physical abuse, sexual abuse, mental/emotional abuse and/or severe neglect. Each child protection agency (police, sheriff, county welfare and probation departments) is required by law to forward to the California Department of Justice a report of every child abuse incident it investigates, unless an incident is determined to be unfounded.

(5) "Child Abuse Central Index Clearance" means that the California Department of Justice has conducted a name search of the index and the search did not result in a match or the search resulted in a match but the California Department of Social Services determined after an investigation that the allegation of child abuse or neglect was not substantiated.

(6) "Completed Application" means that all required information and documentation has been provided to the Department, including the completed application form and, for a large family child care home, a fire clearance; and that a home visit has been completed.

(7) "Conviction" means:

(A) A criminal conviction in California, or

(B) Any criminal conviction of another state, federal, military or other jurisdiction, which if committed or attempted in California, would have been punishable as a crime in California.

(8) "Criminal Record Clearance" means an individual has a California clearance and an FBI clearance.

(d)

(1) "Deficiency" means any failure to comply with any provision of the California Child Day Care Act (Health and Safety Code, Section 1596.70 et seq.) and or regulations adopted by the Department pursuant to the Act.

(2) "Department" means the State Department of Social Services. This term supersedes the term "licensing agency" as used in previous regulations.

(3) "Director" means the Director of Social Services.

(e) (Reserved)

(f)

(1) "Family Day Care" or "Family Child Care" means regularly provided care, protection and supervision of children, in the caregiver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. The term "Family Child Care" supersedes the term "Family Day Care" as used in previous regulations.

(A) "Small Family Child Care Home" means a home that provides family child care for up to six children, or for up to eight children if the criteria in Section 102416.5(b) are met. These capacities include children under age 10 who reside at the licensee's home.

(B) "Large Family Child Care Home" means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section 102416.5(d) are met. These capacities include children under age 10 who reside at the licensee's home and the assistant provider's children under age 10.

(2) "Federal Bureau of Investigation (FBI) Clearance" means an individual has no felony or misdemeanor convictions reported by the FBI. The individual may also have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.

(g) (Reserved)

(h)

(1) "Home" means the licensee's residence as defined by Government Code Section 244.

(i) "Infant" means a child under two years of age.

(j) (Reserved)

(k) (Reserved)

(l)

(1) "License" means a written authorization by the Department or licensing agency to operate a family day care home.

(2) "Licensee" means an adult licensed to operate a Family Day Care Home and who is primarily involved in providing care for the children during the hours that the home provides care.

(3) "Licensing agency". See definition for Department.

(m)

(1) "Medical Professional" means an individual who is licensed or certified in California to perform the necessary medical procedures within his/her scope of practice. This includes, but is not limited to, Medical Doctor (MD), Registered Nurse (RN) and Licensed Vocational Nurse (LVN).

(n) (Reserved)

(o) "Overnight Care" means care being provided to children anytime between the hours of 6 p.m. and 6 a.m. Care provided during the day and overnight combined shall not exceed 24 hours from the time the child entered into care.

(p)

(1) "Parent" or "Authorized Representative" means any person or entity authorized by law to act on behalf or any child. Such person or entity may include but not be limited to a minor's parent, a legal guardian, a conservator or a public placement agency.

(2) "Play Yard" means a framed enclosure with integrated mesh or fabric sides that has not been banned or recalled by the United States Consumer Product Safety Commission.

(3) "Provider" means anyone providing care to children as authorized by these regulations and includes the licensee, assistant provider or substitute adult.

(q) (Reserved)

(r)

(1) "Rehabilitation" means the effort to reestablish good character since the date of the last conviction, including, but not limited to, education, counseling or therapy, training, stable employment, restitution, remorse, changes in lifestyle, or community service.

(2) "Relative" means spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or any such person denoted by the prefix "grand" or "great" or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

(s)

(1) "Simplified Exemption" means an exemption granted on the Department's own motion, as authorized in Health and Safety Code Section 1596.871(c)(3), if the individual's criminal history meets specific criteria established by Department regulation.

(t) (Reserved)

(u) (Reserved)

(v) (Reserved)

(w) (Reserved)

(x) (Reserved)

(y) (Reserved)

(z) (Reserved)

Notes

Cal. Code Regs. Tit. 22, § 102352

1. Change without regulatory effect (Register 86, No. 29).
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
3. Change without regulatory effect amending subsection (d)(1) and (2) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
4. Editorial correction of printing error in subsection a.(1) (Register 92, No. 24).
5. Amendment of section and NOTE filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
6. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
10. Amendment of subsections (f)(1)-(2) and amendment of NOTE filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7).
11. Redesignation and amendment of subsection (i)(1) as subsection (i), new subsections (o) and (p)(2), subsection renumbering and amendment of NOTE filed 8-19-2020; operative 8-19-2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.74, 1596.75, 1596.77, 1596.770, 1596.78, 1596.791, 1597.44, 1597.465 and 1596.70 Health and Safety Code.

1. Change without regulatory effect (Register 86, No. 29).
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
3. Change without regulatory effect amending subsection (d)(1) and (2) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
4. Editorial correction of printing error in subsection a.(1) (Register 92, No. 24).
5. Amendment of section and Note filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
6. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
10. Amendment of subsections (f)(1)-(2) and amendment of Note filed 2-10-2016; operative 4/1/2016 (Register 2016, No. 7).
11. Redesignation and amendment of subsection (i)(1) as subsection (i), new subsections (o) and (p)(2), subsection renumbering and amendment of Note filed 8-19-2020; operative 8/19/2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).