5 CSR 25-400.010 - 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) Child care or day 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
parental responsibility for the child's protection, development, and
supervision.
(5) 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.
(6) A child care facility or
facility is a family child care home, group child care home, or child care
center.
(7) 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.
(8) 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; individuals residing in a family child
care home who are eighteen (18) years of age and older; or individuals residing
in a family child care home who are under eighteen (18) years of age and have
been certified as an adult for the commission of an offense.
(9) Commissioner is the Commissioner of
Education for the Missouri Department of Elementary and Secondary
Education.
(10) Department is the
Missouri Department of Elementary and Secondary Education.
(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) 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.
(13)
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.
(14) 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.
(15) Infant is any child
under twelve (12) months of age.
(16) 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.
(17) Licensee is an individual or other legal
entity who has been granted a child care license by the Department of
Elementary and Secondary Education.
(18) Night is the part of the twenty-four-
(24-) hour day between 9:00 p.m. and 6:00 a.m.
(19) Parent means a child's biological parent
whose parental rights have not been terminated, a step-parent, an adoptive
parent, a legal guardian, a caretaker relative, or other person standing in
loco parentis for the child.
(20) Premises is a house(s), dwelling(s), or
building(s) and its adjoining land.
(21) Preschool child is any child two through
five (2-5) years of age who is not in kindergarten.
(22) 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.
(23)
School-age child is any child five (5) years of age or older who is in
kindergarten or above.
(24)
Staff/child ratio is the number of caregivers required in relation to the
number of children in care.
(25)
Toddler is any child twelve to twenty-four (12-24) months of age.
Notes
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No prior version found.