10A N.C. Admin. Code 09 .0102 - DEFINITIONS
The terms and phrases used in this Chapter are defined as follows:
(1) "Activity area" means a
space that is accessible to children and where related equipment and materials
are kept in accordance with
G.S.
110-91(12).
(2) "Agency" as used in this Chapter means
Division of Child Development and Early Education, Department of Health and
Human Services located at 333 Six Forks Road, Raleigh, North Carolina
27609.
(3) "Appellant" means the
person or persons who request a contested case hearing.
(4) "Asbestos hazard" means a condition that
results in exposure to asbestos in excess of the standards set forth in
10A NCAC
41C .0607(a) or to a
category of asbestos containing material defined at
40 C.F.R.
763.88(b)(1)-(6).
(5) "Basic School-Age Care" training (BSAC
training) means the training on the elements of quality afterschool care for
school-age children, developed by the North Carolina State University
Department of 4-H Youth Development and subsequently revised by the North
Carolina School-age Quality Improvement Project.
(6) "Biocontaminant" means blood, bodily
fluids, or excretions that may spread infectious disease.
(7) "Child Care Center" means an arrangement
where, at any one time, there are three or more preschool-age children or nine
or more school-age children receiving child care. This does not include
arrangements described in Item (18) of this Rule regarding Family Child Care
Homes.
(8) "Child Care Facility"
means child care centers, family child care homes, and any other child care
arrangement not excluded by
G.S.
110-86(2) that provides
child care, regardless of the time of day, wherever operated, and whether or
not operated for profit.
(9) "Child
care provider" as defined by
G.S.
110-90.2(a)(2) includes the
following employees who have contact with the children in a child care program:
(a) facility directors;
(b) child care administrative
staff;
(c) teachers;
(d) teachers' aides;
(e) substitute providers;
(f) uncompensated providers;
(g) cooks;
(h) maintenance personnel; and
(i) drivers.
(10) "Child Development Associate Credential"
means the national early childhood credential administered by the Council for
Early Childhood Professional Recognition.
(11) "Curriculum" means a curriculum that has
been approved as set forth in these Rules by the NC Child Care Commission as
comprehensive, evidenced-based, and with a reading component.
(12) "Developmentally appropriate" means
suitable to the chronological age range and developmental characteristics of a
specific group of children.
(13)
"Division" means the Division of Child Development and Early Education within
the Department of Health and Human Services.
(14) "Domains" means the developmental areas
of learning described in the North Carolina Foundations for Early Learning and
Development 2013, available on the Division's website at
https://ncchildcare.nc.gov/providers/pv_foundations.asp.
This instrument is incorporated by reference and does not include subsequent
editions. The domains address children's emotional and social development,
health and physical development, approaches to play and learning, language
development, and communication and cognitive development.
(15) "Drop-in care" means a child care
arrangement where children attend on an intermittent, unscheduled
basis.
(16) "Early Childhood
Environment Rating Scale - Revised Edition" (Harms, Clifford, and Cryer, 2005,
published by Teachers College Press, New York, NY) is the instrument used to
evaluate the quality of care received by a group of children in a child care
center, when the majority of children in the group are two and a half years old
through five years old, to achieve three or more points for the program
standards of a rated license. This instrument is incorporated by reference and
does not include subsequent editions. A copy of the scale is available for
purchase on the Teachers College Press website at
https://www.tcpress.com/search?search_term=assessment+materials.
The cost of this scale is twenty-five dollars and ninety-five cents ($25.95). A
copy of this instrument is on file at the Division at the address given in Item
(2) of this Rule and is available for public inspection during regular business
hours. For the purposes of this Rule, "regular business hours" for the Division
means 8 a.m. to 5 p.m. during weekdays, excluding state holidays.
(17) "Experience working with school-age
children" means working with school-age children as a child care administrator,
program coordinator, group leader, assistant group leader, lead teacher,
teacher or aide.
(18) "Family Child
Care Environment Rating Scale - Revised Edition" (Harms, Cryer and Clifford,
2007, published by Teachers College Press, New York, NY) is the instrument used
to evaluate the quality of care received by children in family child care homes
to achieve three or more points for the program standards of a rated license.
This instrument is incorporated by reference and does not include subsequent
editions. A copy of the scale is available for purchase on the Teachers College
Press website at
https://www.tcpress.com/search?search_term=assessment+materials.
The cost of this scale is twenty-five dollars and ninety-five cents ($25.95). A
copy of this instrument is on file at the Division at the address given in Item
(2) of this Rule and is available for public inspection during regular business
hours.
(19) "Family Child Care
Home" means a child care arrangement located in a residence where, at any one
time, more than two children, but less than nine children, receive child care.
Family child care home operators must reside at the location of the family
child care home.
(20) "First aid
kit" is a collection of first aid supplies (such as bandages, tweezers,
disposable nonporous gloves, micro shield or face mask, liquid soap, cold pack)
for treatment of minor injuries or stabilization of major injuries.
(21) "Group" means the children assigned to a
specific caregiver or caregivers, to meet the staff/child ratios set forth in
G.S.
110-91(7) and in this
Chapter, using space the Division has identified for each group.
(22) "Health care professional" means:
(a) a physician licensed in North
Carolina;
(b) a nurse practitioner
approved to practice in North Carolina; or
(c) a licensed physician assistant.
(23) "Household member" means a
person who resides in a family home as evidenced by factors including
maintaining clothing and personal effects at the household address, receiving
mail at the household address, using identification with the household address,
or eating and sleeping at the household address on a regular basis.
(24) "If weather conditions permit" means:
(a) temperatures that fall within the
guidelines developed by the Iowa Department of Public Health and specified on
the Child Care Weather Watch chart. These guidelines shall be used when
determining appropriate weather conditions for taking children outside for
outdoor learning activities and playtime. This chart may be downloaded free of
charge from
http://idph.iowa.gov/Portals/1/Files/HCCI/weatherwatch.pdf;
and is incorporated by reference and includes subsequent editions and
amendments;
(b) following the air
quality standards as set out in
15A NCAC
18A .2832(d). The Air
Quality Color Guide can be found on the Division's web site at
https://www.deq.nc.gov/mitigation-services/publicfolder/library/news/brochures/air-quality-color-guide/download;
and
(c) no active precipitation.
Caregivers may choose to go outdoors when there is active precipitation if
children have appropriate clothing such as rain boots and rain coats, or if
they are under a covered area.
(25) "Infant" means any child from birth
through 12 months of age.
(26)
"Infant/Toddler Environment Rating Scale - Revised Edition" (Harms, Cryer, and
Clifford, 2003, published by Teachers College Press, New York, NY) is the
instrument used to evaluate the quality of care received by a group of children
in a child care center, when the majority of children in the group are younger
than 30 months old, to achieve three or more points for the program standards
of a rated license. This instrument is incorporated by reference and does not
include subsequent editions. A copy of the scale is available for purchase on
the Teachers College Press website at
http://www.tcpress.com/search?search_term=assessment+materials.
The cost of this scale is twenty-five dollars and ninety-five cents ($25.95). A
copy of this instrument is on file at the Division at the address given in Item
(2) of this Rule and is available for public inspection during regular business
hours.
(27) "ITS-SIDS Training"
means the Infant/Toddler Safe Sleep and SIDS Risk Reduction Training developed
by the NC Healthy Start Foundation and administered by the North Carolina Child
Care Health and Safety Resource Center for the Division of Child Development
and Early Education for caregivers of children ages 12 months and younger.
Information regarding trainer and training availability can be found on the
Division's website at
http://ncchildcare.ncdhhs.gov/providers/pv_itssidsproject.asp.
(28) "Lead Teacher" means an individual who
is responsible for planning and implementing the daily program of activities
for a group of children in a child care facility. A lead teacher is counted in
staff/child ratio, has unsupervised contact with children, and is monetarily
compensated by the facility.
(29)
"Licensee" means the person or entity that is granted permission by the State
of North Carolina to operate a child care facility. The owner of a facility is
the licensee.
(30) "Lockdown drill"
means an emergency safety procedure in which occupants of the facility remain
in a locked indoor space and is used when emergency personnel or law
enforcement determine a dangerous person is in the vicinity.
(31) "North Carolina Early Childhood
Administration Credential" means the state early childhood administration
credential that is based on completion of required early childhood coursework
taken at any NC Community College. Other post secondary curriculum coursework
shall be approved as equivalent if the Division determines that the content of
the other post secondary curriculum coursework offered is substantially
equivalent to the NC Early Childhood Administration Credential Coursework. A
copy of the North Carolina Early Childhood Administration Credential
requirements is on file at the Division at the address given in Item (2) of
this Rule and is available for public inspection or copying at no charge during
regular business hours. This information can be found on the Division's website
at http://ncchildcare.ncdhhs.gov/providers/credent.asp.
(32) "North Carolina Early Educator
Certification (certification)" is an acknowledgement of an individual's
verified level of educational achievement based on a standardized scale. The
North Carolina Institute for Child Development Professionals certifies
individuals and assigns a certification level on two scales:
(a) the Early Care and Education Professional
Scale (ECE Scale) in effect as of July 1, 2010; or
(b) the School Age Professional Scale (SA
Scale) in effect as of May 19, 2010. Each scale reflects the amount of
education earned in the content area pertinent to the ages of children served.
The ECE Scale is designed for individuals working with or on behalf of children
ages birth to five. The SA Scale is designed for individuals working with or on
behalf of children ages 5 to 12 who are served in school age care settings.
Information on the voluntary certification process can be found on the North
Carolina Institute for Child Development Professionals website at
http://ncicdp.org/certification-licensure/eec-overview/.
(33) "North Carolina Early
Childhood Credential" means the state early childhood credential that is based
on completion of required early childhood coursework taken at any North
Carolina Community College. Other equivalences shall be approved by the
Division if the Division determines that the content of other coursework or
other pathways are substantially equivalent to the North Carolina Early
Childhood Credential coursework. Substantially equivalent coursework shall
include, but not be limited to:
(a) a
currently active Child Development Associate Credential from the Council for
Professional Recognition, a Certified Child Care Professional Credential from
the National Early Childhood Program Accreditation, or a Montessori Credential
from any of the Montessori Accreditation Council for Teacher Education,
American Montessori Society, National Center for Montessori Education, or
Association Montessori Internationale; or
(b) a passing score on a test developed by
the early childhood faculty of the North Carolina Community College System
designed to demonstrate an individual's mastery of the concepts taught in early
childhood coursework taken at any North Carolina community college.
A copy of the North Carolina Early Childhood Credential requirements is on file at the Division at the address given in Item (2) of this Rule and is available for public inspection or copying at no charge during regular business hours. This information can be found on the Division's website at http://ncchildcare.ncdhhs.gov/providers/credent.asp.
(34) "Operator" means
the owner, director, or other person having responsibility for operation of a
child care facility subject to licensing.
(35) "Owner" means any person with a five
percent or greater equity interest in a child care facility; however,
stockholders of corporations who own child care facilities shall not be subject
to mandatory criminal history checks pursuant to
G.S.
110-90.2 unless they are a child care
provider.
(36) "Parent" means a
child's parent, legal guardian, or full-time custodian.
(37) "Passageway" means a hall or
corridor.
(38) "Person" means any
individual, trust, estate, partnership, corporation, joint stock company,
consortium, or any other group, entity, organization, or association.
(39) "Premises" means the entire child care
building and grounds including natural areas, outbuildings, dwellings,
vehicles, parking lots, driveways and other structures located on the
property.
(40) "Preschooler" or
"preschool-age child" means any child who is at least three years of age and
does not fit the definition of school-age child in this Rule.
(41) "Reside" refers to any person that lives
at a child care facility location. Factors for determining residence include:
(a) use of the child care facility address as
a permanent address for personal identification or mail delivery;
(b) use of the child care facility to store
personal belongings such as furniture, clothing, and toiletry items;
and
(c) names listed on official
documents such as criminal records or property tax records.
(42) "School-Age Care Environment
Rating Scale, Updated Edition" (Harms, Jacobs, and White, 2014, published by
Teachers College Press) is the instrument used to evaluate the quality of care
received by a group of children in a child care center, when the majority of
the children in the group are older than five years, to achieve three or more
points for the program standards of a rated license. This instrument is
incorporated by reference and does not include subsequent editions. A copy of
the scale is available for purchase on the Teacher College Press website at
https://www.tcpress.com/search?search_term=assessment+materials.
The cost of this scale is twenty-five dollars and ninety-five cents ($25.95). A
copy of this instrument is on file at the Division at the address given in Item
(2) of this Rule and is available for public inspection during regular business
hours.
(43) "School-age child"
means any child who is attending or who has attended a public or private grade
school or kindergarten and meets age requirements as specified in
G.S.
115C-364.
(44) "Seasonal Program" means a recreational
program as set forth in
G.S.
110-86(2)(b).
(45) "Shelter-in-Place drill" means staying
in place to take shelter rather than evacuating. It involves selecting a small
interior room, with no or few windows, and used when emergency personnel or law
enforcement determine there is a threat.
(46) "Staff" or "staff member" as used in
this Chapter includes child care providers, substitute providers, and
uncompensated providers. Volunteers, as defined in this Rule, are not staff
members.
(47) "Substitute provider"
means any person who temporarily assumes the duties of a staff person for a
time period not to exceed two consecutive months and may or may not be
monetarily compensated by the facility. Any substitute provider must be at
least 18 years of age and literate.
(48) "Teacher" means an individual who
assists the Lead Teacher in planning and implementing the daily program of
activities for a group of children in a child care facility. A teacher is
counted in staff/child ratio, has unsupervised contact with children, and is
monetarily compensated by the facility.
(49) "Teacher's aide" or "Aide" means a
person who assists the lead teacher or the teacher in planning and implementing
the daily program. A teacher's aide shall be at least 16 years old and less
than 18 years old, shall be literate, and may count in staff/child ratio as
long as there is also a credentialed staff person who is at least 21 years of
age present in the room and available to respond to the needs of the teacher's
aide and children in care.
(50)
"Toddler" means any child ages 13 months to 35 months of age.
(51) "Track-Out Program" means any child care
provided to school-age children when they are out of school on a year-round
school calendar.
(52)
"Uncompensated provider" means a person who works in a child care facility and
is counted in staff/child ratio or has unsupervised contact with children, but
who is not monetarily compensated by the facility. Any uncompensated provider
must be at least 18 years of age and literate.
(53) "Volunteer" means a person who works in
a child care facility and is not counted in staff/child ratio, does not have
unsupervised contact with children, and is not monetarily compensated by the
facility. A person who is at least 13 years of age, but less than 16 years of
age, may work on a volunteer basis, as long as he or she is supervised by and
works with a staff person who is at least 21 years of age and meets staff
qualification requirements.
Notes
Eff. January 1, 1986;
Amended Eff. April 1, 1992; October 1, 1991; October 1, 1990; November 1, 1989;
Temporary Amendment Eff. January 1, 1996;
Amended Eff. March 1, 2015; May 1, 2013; September 1, 2012; July 3, 2012; July 1, 2012; November 1, 2007; May 2006; May 1, 2004; April 1, 2003; July 1, 2000; April 1, 1999; July 1, 1998; April 1, 1997;
Readopted Eff. October 1, 2017;
Amended Eff. February 1, 2022; February 1, 2021; September 1, 2019.
Eff. January 1, 1986;
Amended Eff. April 1, 1992; October 1, 1991; October 1, 1990; November 1, 1989;
Temporary Amendment Eff. January 1, 1996;
Amended Eff. May 1, 2013; September 1, 2012; July 3, 2012; July 1, 2012; November 1, 2007; May 1, 2006; May 1, 2004; April 1, 2003; July 1, 2000; April 1, 1999; July 1, 1998; April 1, 1997.
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