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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-3. CHILD DEVELOPMENT FACILITIES |
Section 29-399. DEFINITIONS
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For the purposes of this Chapter, the term:
"Act" means the Child Development Facilities Regulation Act of 1998, effective April 13, 1999, D.C. Law 12-215, D.C. Official Code §§ 7-2031 et seq.
"Abuse" means the physical or mental injury of a child by a parent, guardian or custodian, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed. Abuse includes sexual abuse of a child, whether or not physical injuries are sustained.
"Adult" means a person who is eighteen (18) years of age or older.
"Americans with Disabilities Act" or "ADA" means the law that requires that persons with disabilities not be denied public accommodations that are designed to afford them the opportunity to participate in programs or activities that are not separate or different. (P.L. 101-336; 104 Stat. 327; 42 U.S.C. 12101 et seq.).
"Associate Caregiver" means an individual who provides care in an Expanded Child Development Home and who is subordinate to the Primary Caregiver; this person need not reside in the dwelling where the Facility is located.
"CDA" means Child Development Associate, a credential obtained under the award system of the Council for Professional Recognition.
"CPR" means cardiopulmonary resuscitation.
"Care by a Related Person" means care of a child by that child's parent, step-parent, grandparent, brother, sister, step-brother, step-sister, uncle, or aunt, said relationship having been established by blood, marriage, or adoption, or by that child's legal guardian.
"Caregiver" means an individual who is in charge of, and responsible for the direct care, supervision, and guidance of, children in a Child Development Home or Expanded Child Development Home.
"Center Director" means a Child Development Center staff member who is in charge of the day-to-day operations of the Center.
"Change in Ownership" means a transfer of controlling legal or equitable interest and authority resulting from a sale or merger.
"Child" or "Children" means an individual or individuals from birth to fifteen (15) years of age, except when "infant/s" and/or "toddler/s" are specified within the same provision, in which case "child" or "children" means an individual or individuals from two (2) to fifteen (15) years of age.
"Child Development Center" or "Center" means a Child Development Facility located in premises other than a dwelling occupied by the operator of the Facility.
"Child Development Facility" or "Facility" means a center, home, or other structure that provides care and other services, supervision and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name "Child Development Facility" includes "Child Development Home," "Expanded Child Development Home," and "Child Development Center." "Child Development Facility" does not include a public or private elementary or secondary school engaged in legally required educational and related functions.
"Child Development Home" means a Child Development Facility located in a private dwelling occupied by the operator of the Facility. "Child Development Home" also includes those Facilities classified as "Expanded Child Development Home".
"Department", unless otherwise specified, means the Department of Health or its successor agency, acting by and through its Director or his or her designee.
"Director" means the Director of the Department of Health or of its successor agency.
"District of Columbia Director Credential" means a credential awarded by or under the auspices of the District of Columbia Department of Human Services Early Care and Education Administration, or its successor agency, upon satisfactory completion of a program of classroom study and practicum experience in fields of study directly related to the operation and administration of Child Development Facilities.
"Expanded Child Development Home" means a Child Development Home in which child care is provided by two (2) or more Caregivers for up to twelve (12) children.
"Facility" means Child Development Facility.
"Fever" means a temperature of one hundred degrees Fahrenheit (100° F) or higher if taken under the arm, one hundred and one degrees Fahrenheit (101° F) if taken orally, or one hundred and two degrees Fahrenheit (102 ° F) if taken rectally. For children under the age of four (4) months, a fever is a temperature of one hundred and one degrees Fahrenheit (101°) or higher taken by any method.
"Guardian" means a person, other than the child's parent, who has been granted legal authority over and responsibility for a child.
"Hour" means, when used in the context of training and/or continuing education, "clock hour" as that term is defined and used in the academic and educational fields.
"Infant" means a child younger than twelve (12) months of age.
"Licensed Health Care Practitioner" means a Physician, a Nurse-Practitioner (also known as an Advanced Practice Registered Nurse), or a Physician's Assistant licensed to practice health care by the D.C. Board of Medicine or Board of Nursing, or by a comparable body in another state.
"Licensee" means a Child Development Facility licensed pursuant to this Chapter, or the operator of such a Facility.
"Neglect" means the failure to provide care, services and supervision necessary to avoid physical harm or mental anguish.
"Non-Ambulatory Child" means a child who is: (1) unable to leave a building under emergency conditions without assistance; (2) unable to walk forward or backward without assistance; (3) unable to go up or down steps without assistance; or (4) dependent upon mechanical aids such as crutches, walkers or wheelchairs.
"Non-peak hours" means: for programs operating during traditional daytime hours, before 9:00 a.m. and after 4:00 p.m.; and for programs operating outside of traditional daytime hours, time periods as specified in writing to, and accepted by, the Director.
"Out-of-school-time Care" means care and other services, supervision and guidance provided to one or more children of legal school age and under the age of fifteen (15) years, who are enrolled in public, private, or charter schools, before and after normal school hours.
"Parent" means the mother or father of a child, by blood, adoption, foster care placement, or appointment as legal guardian or custodian of that child by a court of competent jurisdiction.
"Preschool" or "Preschooler" refers to a child older than twenty-four (24) months of age but younger than compulsory school attendance age, and who is not enrolled in a public, charter, or private school.
"Primary Caregiver" means an individual who operates an Expanded Child Development Home and who is in charge of the day-to-day operations of the Home; this person must reside in the dwelling where the Facility is located.
"Special Needs" means conditions or characteristics of a person that reflect a need for particular care, services or treatment, most commonly physical and/or mental disabilities and/or delays.
"Staff" or "Staff Member" means an adult who renders child care or related services directly to a Child Development Facility, whether compensated or uncompensated. "Staff"' includes paid employees and volunteers.
"Toddler" means an individual older than twelve (12) months but younger than twenty-four (24) months of age.
"Unusual Incident" means any accident, injury, or other extraordinary event that involves a child in care, a staff member, or the operation of a Child Development Facility, including suspected child maltreatment or abuse.
"Volunteer" means a person rendering services to a Child Development Facility without compensation by the Facility, including a person so rendering services as part of an internship or otherwise under the auspices of an educational or training program.