PURPOSE: This amendment updates the existing
definitions and terms used in the licensing rules for family child care homes
and adds new definitions for child care facility, child care staff member,
group size, homeless children and youths, hourly care facility, legal entity,
licensee, and Montessori school. This amendment also deletes the terms "review
board" and "related," places the definitions in correct alphabetical order, and
updates the term "day care" to "child care" in the chapter name and across
several definitions.
(1)
Adult is any individual eighteen (18) years of age or older.
(2) The assistant is an adult who is employed
or volunteers in the home to care for children in case of an emergency, to meet
staff/child ratios, to substitute for the provider during absences or to assist
the provider with the care of children.
(3) Caregiver is the child care provider,
other child care staff member, or an assistant.
(4) A child care center or center, whether
owned by a sole proprietor or other legal entity, is a child care program
conducted in a location other than the provider's permanent residence, or
separate from the provider's living quarters, where care is provided for
children for any part of the twenty-four- (24-) hour day.
(5) A child care facility or facility is a
family child care home, group child care home, or child care center.
(6) Child care provider, group child care
home provider, or provider is the person(s) licensed or required to be licensed
under section
210.211,
RSMo in order to establish, conduct, or maintain a child care facility. This
person(s) shall have the following rights and responsibilities as determined by
the division:
(A) Ultimate responsibility for
making and implementing decisions regarding the operation of the facility;
and
(B) Ultimate financial control
of the operation of the facility.
(7) Child care staff member is a child care
provider; persons employed by the child care provider for compensation,
including contract employees or self-employed individuals; individuals or
volunteers whose activities involve the care or supervision of children for a
child care provider or unsupervised access to children who are cared for or
supervised by a child care provider; or individuals residing in a family child
care home who are eighteen (18) years of age and older.
(8) Day care or child care is care of a child
away from his/her own home for any part of the twenty-four- (24-) hour day for
compensation or otherwise. Day care or child care is a voluntary supplement to
parent responsibility for the child's protection, development, and supervision.
Day care or child care may be given in a family child care home, group child
care home, or child care center.
(9) Department is the Missouri Department of
Health and Senior Services.
(10)
Director is the director of the Missouri Department of Health and Senior
Services.
(11) A family child care
home or home, whether owned by a sole proprietor or other legal entity, is a
child care program where care is given by a person licensed as a family child
care home provider for no more than ten (10) children for any part of the
twenty-four- (24-) hour day. The provider may be licensed to operate no more
than one (1) family child care home or group child care home.
(12) Graded boarding school is a public or
private school which provides education in at least the first through the sixth
grade and which provides lodging and meals for the pupils for the standard
school term.
(13) A group child
care home, whether owned by a sole proprietor or other legal entity, is a child
care program where care is given by a person licensed as a group child care
home provider for not more than twenty (20) children for any part of the
twenty-four- (24-) hour day. A group child care home shall be in a location
other than the provider's permanent residence or separate from the provider's
living quarters. The provider may be licensed to operate no more than one (1)
group child care home or family child care home.
(14) Group size is the maximum number of
children assigned to a specific staff member or group of staff members,
occupying an individual classroom or well-defined physical space within a large
room.
(15) Homeless children and
youths-
(A) Are individuals who lack a fixed,
regular, and adequate nighttime residence; and
(B) Include:
1. Children and youths who are sharing the
housing of other persons due to loss of housing, economic hardship, or a
similar reason; are living in motels, hotels, trailer parks, or camping grounds
due to the lack of alternative adequate accommodations; are living in emergency
or transitional shelters; or are abandoned in hospitals;
2. Children and youths who have a primary
nighttime residence that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human beings;
3. Children and youths who are living in
cars, parks, public spaces, abandoned buildings, substandard housing, bus or
train stations, or similar settings; and
4. Migratory children who qualify as homeless
because the children are living in the circumstances described above.
(16) An hourly care
facility is a facility licensed exclusively for irregular, intermittent, hourly
care.
(17) Infant is any child
under twelve (12) months of age.
(18) Legal entity is the lawful or legally
standing individual, corporation, sole proprietorship, general partnership,
limited partnership, limited liability partnership, limited liability company,
limited liability limited partnership, partnership, charity, and other forms of
organization that has the legal capacity to enter into agreements, contracts,
assume obligations, incur and pay debts, sue and be sued in its own right, and
that is accountable for illegal activities.
(19) Licensee is an individual or other legal
entity who has been granted a child care license by the Department of Health
and Senior Services.
(20)
Montessori school is a child care program that subscribes to Maria Montessori's
educational philosophy and is accredited by the American Montessori Society or
the Association Montessori International.
(21) Night is the part of the twenty-four-
(24-) hour day between 9:00 p.m. and 6:00 a.m.
(22) Nursery school is a program operated by
a person or organization with the primary function of providing an educational
program for preschool-age children for no more than four (4) hours per child
per day.
(23) Premises is a
house(s), dwelling(s), or building(s) and its adjoining land.
(24) Preschool child is any child two through
five (2-5) years of age who is not in kindergarten.
(25) A religious organization is-
(A) A church, synagogue, or mosque;
(B) An entity that qualifies for federal tax
exemption status as a not-for-profit religious organization under Section
501(c)(3) of the Internal Revenue Code; or
(C) An entity whose real estate on which the
child care facility is located is exempt from taxation because it is used for
religious purposes.
(26)
School-age child is any child five (5) years of age or older who is in
kindergarten or above.
(27) School
system is a program established primarily for education and which meets the
following criteria:
(A) Provides education in
at least the first through the sixth grade; and
(B) Provides evidence that the school
system's records will be accepted by a public or private school for the
transfer of any student.
(28) Staff/child ratio is the number of
caregivers required in relation to the number of children in care.
(29) Summer camp is a program operated from
May to September by a person or organization with the primary function of
providing a summer recreational program for children five (5) years of age or
older and providing no child care for children younger than five (5) years of
age in the same building or in the same outdoor play area.
(30) Toddler is any child twelve to
twenty-four (12-24) months of age.