Title 4 . Education and Early Development

Chapter 62 . (Repealed)

Section 990. Definitions

4 AAC 62.990. Definitions

In AS 14.37 and in this chapter, unless the context requires otherwise,

(1) "administrator" has the meaning given in AS 14.37.299 ;

(2) "caregiver" includes an administrator, childcare associate, employee, student intern, substitute, volunteer, or other individual in a child care facility whose duties include care and supervision of children;

(3) "center" includes a child care center;

(4) "child" has the meaning given in AS 14.37.299 ;

(5) "child care" or "care" has the meaning given "child care" in AS 14.37.299 and includes services in or away from the child care facility;

(6) "child care center" means a child care facility for 13 or more children;

(7) "child care facility" has the meaning given in AS 14.37.299 and includes a child care center, a child care group home, and a child care home;

(8) "child care group home" means a child care facility, usually in an occupied residence, for nine to 12 children;

(9) "child care home" means a child care facility, usually in an occupied residence, for no more than eight children;

(10) "child development associate credential" or "CDA credential" means a credential awarded to child care providers who have demonstrated their skill in working with young children by successfully completing the requirements of the CDA assessment system of the Council for Early Childhood Professional Recognition, 1817 Connecticut Avenue, N.W., Suite 500, Washington, D.C. 20005;

(11) "child in care" means a child received for child care in a child care facility;

(12) "child with special needs" means a child who

(A) has been identified as not functioning according to age-appropriate expectations in the areas of affective, cognitive, communicative, perceptual, motor, physical, or social development to the extent that the child may require help, program adjustments, or related services, on a regular basis, in order to function in an adaptive manner;

(B) requires health and related services of a type or amount beyond that required by a child in the child's age group;

(C) may require one or more of the following services:

(i) specialized care for a particular condition;

(ii) a specially trained caregiver;

(iii) frequent monitoring of the child's health or medical needs;

(iv) very close supervision;

(v) frequent intervention; or

(vi) aided physical movement;

(13) "corporal punishment" means the infliction of bodily pain as a penalty for a disapproved behavior; it includes shaking, spanking, delivering a blow with a part of the body or an object, slapping, punching, pulling, or any other action that seeks to induce pain;

(14) "department" means the Department of Education and Early Development;

(15) "facility" has the meaning given in AS 14.37.299 and includes other parts of the building housing the child care facility and adjoining grounds over which the operator of the child care facility has direct control;

(16) "group home" means a child care group home;

(17) "home" means a child care home and a child care group home;

(18) repealed 2/8/2002;

(19) repealed 2/8/2002;

(20) "infant" means a child age birth through 18 months of age;

(21) "kindergartner" means a child age five or six;

(22) "license" means a license issued under AS 14.37;

(23) "licensee" has the meaning given in AS 14.37.299 ;

(24) "licensing representative" means an employee of the department or an individual or organization responsible for evaluating a child care facility AS 14.35.010 (a)(4) and 4 AAC 62.040 and presumes review and approval of the representative's decisions by the department or organization authorized under 4 AAC 62.040;

(25) "nighttime care" means care between the hours of 10:00 p.m. and 6:00 a.m.;

(26) "operator" means the person licensed to operate a child care facility;

(27) "parent" has the meaning given in AS 14.37.299 ;

(28) "physician" has the meaning given in 12 AAC 40.990;

(29) "preschooler" means a child age three or four;

(30) "regular volunteer" means a person who volunteers for more than eight hours in a 30-day period in a child care facility;

(31) "relative" has the meaning given in AS 14.37.299 ;

(32) "school aged child" means a child age seven through age 18;

(33) "sleeping hours" means the hours from midnight to six a.m.;

(34) "supervision of children" means protective oversight of children including

(A) a prudent level of awareness of and responsibility for a child's ongoing activity;

(B) knowledge of program, the applicable requirements of this chapter, and children's needs; and

(C) the degree of supervision indicated by a child's age, developmental level, and physical, emotional, and social needs;

(35) "toddler" means a child age 19 months up to age 36 months;

(36) "waking hours" means the hours from six a.m. to midnight;

(37) "young child" means a child age birth up to age nine.

(38) "child care associate" means an individual who meets the requirements set out in 4 AAC 62.230;

(39) "individual having contact with children in a child care facility" means an individual who has the opportunity to gain access to a child care facility, a caregiver, a member of the licensee's household, and an individual residing in any part of the premises housing a child care facility; "individual having contact with children in a child care facility" does not include

(A) a parent of a child in care, unless the parent is a caregiver or a member of the licensee's household;

(B) a parent's designee to drop off and pick up a child in care, unless the designee is a caregiver;

(C) an official or individual providing support services to the child care facility or to a child in care for fewer than five hours a week, such as infant learning teacher, attendant for a child with special needs, licensor, fire marshal, or food services sponsor;

(D) delivery service personnel;

(E) installation, maintenance, and repair service personnel for a period of less than two weeks;

(F) the occasional visit of an individual who has an ownership or management interest in the facility;

(G) an occasional guest in a child care facility;

(H) an individual residing in any part of the premises housing a child care facility, if that individual has direct access from the individual's residence to the child care facility, and the individual remains or intends to remain in the residence for less than 45 days, in total, in a calendar year, and is not a caregiver;

(I) an individual coming into incidental contact with children during an outing away from the child care facility;

(J) a volunteer other than a regular volunteer;

(40) "individual, age 16 and older, having contact with children in a child care facility" has the same meaning given "individual having contact with children in a child care facility" in this section, when the individual is age 16 and older;

(41) "member of the licensee's household" means an individual residing in any part of the premises housing a child care facility, if that individual has direct access from the individual's residence to the child care facility and the individual remains or intends to remain in the residence for 45 days or more, in total, in a calendar year;

(42) "tuberculin clearance" means evaluation of the individual by a health care professional, and a finding by the health care professional that the individual is clear of active pulmonary tuberculosis;

(43) "individual residing in any part of the premises housing a child care facility" means an individual who dwells continuously or legally occupies the premises of a child care facility as evidenced by the individual's address on the individual's permanent fund dividend received under AS 43.23, driver's license, fishing or hunting license, or other official record or observation of the individual occupying the child care facility;

(44) "individual who has the opportunity to gain access to a child care facility" means an individual who has the ability, right, or permission to enter, exit, or make use of the child care facility during the hours of operation; "individual who has the opportunity to gain access to a child care facility" does not include an individual listed in (39)(A) - (J) of this section;

(45) "CPR" means cardiopulmonary resuscitation;

(46) "IFSP" means individualized family service plan.

History: Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 2/24/2002, Register 161; am 10/3/2002, Register 163; am 10/4/2002, Register 163; am 12/6/2002, Register 164

Authority: AS 14.37.020