Section 441.110.1. Definitions.

“Adult”  means a person 18 years of age or older.

“Assistant”  means a responsible person 14 years of age or older. The assistant may never be left alone with children. Ultimate responsibility for supervision is with the child care provider.

“Child”  means either of the following:

            1.      A person 12 years of age or younger.

            2.      A person 13 years of age or older but younger than 19 years of age who has a developmental disability, as defined under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law No. 106-402, codified in 42 U.S.C. 15002(8).

“Child care”  means the care, supervision, or guidance of a child by a person other than the child’s parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis. “Child care” shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports programs, scouting programs, or hobby or craft classes or clubs.

“Child care facility”    or   “facility”   means a child care center, a preschool, or a registered child development home.

“Child care home”  means a person or program providing child care to five or fewer children at any one time that is not registered to provide child care under this chapter, as authorized under Iowa Code section 237A.3.

“Child development home”  means a person or program registered under this chapter that may provide child care to six or more children at any one time.

“Department”  means the department of human services.

“Involvement with child care”  means licensed or registered as a child care facility, employed in a child care facility, residing in a child care facility, receiving public funding for providing child care, providing child care as a child care home provider, or residing in a child care home.

“Parent”  means parent or legal guardian.

“Part-time hours”  means the hours that child development homes in categories B and C are allowed to exceed their maximum preschool- or school-age capacity. A provider may use a total of up to 180 hours per month as part-time hours. No more than two children using part-time hours may be in the child development home at any one time.

“Person subject to an evaluation”  means a person who has committed a transgression and who is described by any of the following:

            1.      The person is being considered for registration or is registered.

            2.      The person is being considered by a child care facility for employment involving direct responsibility for a child or with access to a child when the child is alone, or the person is employed with such responsibilities.

            3.      The person will reside or resides in a child care facility.

            4.      The person has applied for or receives public funding for providing child care.

            5.      The person will reside or resides in a child care home that is not registered but that receives public funding for providing child care.

“Provider”  means the person or program that applies for registration to provide child care and is approved as a child development home.

“Registration”  means the process by which child care providers certify that they comply with rules adopted by the department.

“Registration certificate”  means the written document issued by the department to publicly state that the provider has certified in writing compliance with the minimum requirements for registration of a child development home.

“School”  means kindergarten or a higher grade level.

“Transgression”  means the existence of any of the following in a person’s record:

            1.      Conviction of a crime.

            2.      A record of having committed founded child or dependent adult abuse.

            3.      Listing in the sex offender registry established under Iowa Code chapter 692A.

            4.      A record of having committed a public or civil offense.

            5.      Department revocation or denial of a child care facility registration or license due to the person’s continued or repeated failure to operate the child care facility in compliance with licensing and registration laws and rules.

[ARC 2647C, IAB 8/3/16, effective 10/1/16]