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§42-72.1-2  Definitions. –

Published: 2015

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State Affairs and Government

CHAPTER 42-72.1

Licensing and Monitoring of Child Care Providers and Child-Placing Agencies

SECTION 42-72.1-2

   § 42-72.1-2  Definitions. –

As used in this chapter:

   (1) "Administrator of licensing" means the director of the

licensing unit (or his/her designee) that carries out the provisions of this

chapter, hereafter referred to as the "administrator".

   (2) "Applicant" means a child-placing agency or childcare

provider that applies for a license to operate.

   (3) "Child" means any person less than eighteen (18) years of

age; provided, that a child over eighteen (18) years of age who is nevertheless

subject to continuing jurisdiction of the family court, pursuant to chapter 1

of title 14, or defined as emotionally disturbed according to chapter 7 of

title 40.1, shall be considered a child for the purposes of this chapter.

   (4) "Childcare provider" means a person or agency, which

offers residential or nonresidential care and/or treatment for a child outside

of his/her natural home.

   (5) "Child day care" means daily care and/or supervision

offered commercially to the public for any part of a twenty-four (24) hour day

to children away from their homes.

   (6) "Child day care center" means any person, firm,

corporation, association, or agency who, on a regular or irregular basis,

receives any child under the age of sixteen (16) years, for the purpose of care

and/or supervision, not in a home or residence, apart from the child's parent

or guardian for any part of a twenty-four (24) hour day irrespective of

compensation or reward. It shall include childcare programs that are offered to

employees at the worksite. It does not include nursery schools or other

programs of educational services subject to approval by the commissioner of

elementary and secondary education.

   (7) "Child-placing agency" means any private or public

agency, which receives children for placement into independent living

arrangements, supervised apartment living, residential group care facilities,

family foster homes, or adoptive homes.

   (8) "Department" means the department of children, youth, and

families (DCYF).

   (9) "Director" means the director of the department of

children, youth, and families, or the director's designee.

   (10) "Family day care home" means any home other than the

child's home in which child day care in lieu of parental care and/or

supervision is offered at the same time to four (4) or more children who are

not relatives of the care giver.

   (11) "Group family day care home" means a residence occupied

by an individual of at least twenty-one (21) years of age who provides care for

not less than nine (9) and not more than twelve (12) children, with the

assistance of one or more approved adults, for any part of a twenty-four (24)

hour day. The maximum of twelve (12) children shall include children under six

(6) years of age who are living in the home, school-age children under the age

of twelve (12) years whether they are living in the home or are received for

care, and children related to the provider who are received for care. These

programs shall be subject to yearly licensing as addressed in this chapter and

shall comply with all applicable state and local fire, health, and zoning


   (12) "Licensee" means any person, firm, corporation,

association, or agency, which holds a valid license under this chapter.

   (13) "Regulation" means any requirement for licensure,

promulgated pursuant to this chapter having the force of law.

   (14) "Related" means any of the following relationships, by

marriage, blood or adoption, even following the death or divorce of a natural

parent: parent, grandparent, brother, sister, aunt, uncle, and first cousin. In

a prosecution under this chapter or of any law relating thereto, a defendant

who relies for a defense upon the relationship of any child to him or herself,

the defendant shall have the burden of proof as to the relationship.

History of Section.

(P.L. 1986, ch. 254, § 5; P.L. 1986, ch. 274, § 5; P.L. 1987, ch.

458, § 1; P.L. 1988, ch. 560, § 1.)