As used in this part:

1. (1) "Act" means the Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et seq., as amended;

2. (2)

   1. (A) "Childcare center" means any childcare facility conducted under public or private auspices on a profit or nonprofit basis providing direct care and protection for children.

   2. (B) Any facility that is open more than five (5) hours during any twenty-four-hour period or more than a total of ten (10) hours during a seven-day period:

      1. (i) Is considered a childcare center; and
      2. (ii) Shall be subject to the provisions of the Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et seq.
   3. (C) Those facilities meeting the above definitions but operating no more than three (3) weeks per calendar year are not required to comply with the licensing requirements, i.e., summer Bible schools and camps.

   4. (D)

      1. (i) For purposes of determining the need for a license, all care provided at the site of a licensed program is considered a part of the licensed program and therefore subject to licensing requirements.

      2. (ii) This includes:

         1. (a) (a) Separate buildings located on the same property; or
         2. (b) (b) Any other property under the same ownership.

      3. (iii) However, Mother’s Day Out and other part-time programs serving children not participating in the licensed program are exempt as long as they operate no more than:

         1. (a) (a) Five (5) hours per day; or
         2. (b) (b) Ten (10) hours per week.
   5. (E) A public or private school that operates a kindergarten (K5) in conjunction with grades one (1) and above, or for grades one (1) and above only and provides short-term custodial care, not to exceed twenty (20) hours weekly, prior to or following classes for those students, is not required to comply with licensing requirements for the short-term custodial care provided;
3. (3) "Childcare facility" means any facility defined by Arkansas Code § 20-78-202(2);

4. (4) "Child Care Licensing Unit" means the unit within the Office of Early Childhood of the Department of Education that inspects and investigates any proposed or operating childcare center and any personnel connected with the center to determine if the facility will be or is being operated in accordance with the:

   1. (A) Childcare Facility Licensing Act, Arkansas Code § 20-78-201 et seq.; and
   2. (B) Licensing requirements for the childcare centers;

5. (5) "Child Maltreatment Central Registry check" means a check of the Arkansas Child Maltreatment Central Registry for any record of founded:

   1. (A) Child abuse and neglect; or
   2. (B) Maltreatment;
6. (6) "Criminal record check" means a statewide criminal record check conducted by the Identification Bureau of the Division of Arkansas State Police;

7. (7)

   1. (A) "Criminal Federal Bureau of Investigation check" means a nationwide criminal record check conducted by the Federal Bureau of Investigation that:

      1. (i) Conforms to the applicable federal standards; and
      2. (ii) Includes the taking of fingerprints.
   2. (B) Application for a nationwide criminal check shall be made to the Identification Bureau of the Division of Arkansas State Police;
8. (8) "Day care centers" means child care for children age two and one-half (2 1/2) or thirty (30) months and above;
9. (9) "Department" means the Department of Education;
10. (10) "Division" means the Division of Child Care and Early Childhood Education;

11. (11)

    1. (A) "Employee" or “staff” means all full-time or part-time employees or any person or persons who perform services under the direction and control of the childcare facility, regardless if they are paid or not.

    2. (B) This includes any person or persons who:

       1. (i) Have supervisory or disciplinary control over children;
       2. (ii) Are at any point left alone with children; or
       3. (iii) Are counted in staff-to-child ratios;
12. (12) "Evening and night care" means child care provided between 7:00 p.m. and 6:00 a.m.;
13. (13) "Infant center" means child care for children from birth to age eighteen (18) months;
14. (14) "Kindergarten" means a school-based program offered for children five (5) years of age (K5) during the school year prior to their entry into the first grade;

15. (15)

    1. (A) “Medical home” is the doctor that you and your child see for routine medical care.
    2. (B) This is your “primary care physician” (PCP);
16. (16) "Operator" means any person or entity exercising any measure of supervision or control over a childcare facility;
17. (17) "Owner" means any person who assumes the legal responsibility for operation of a childcare facility;

18. (18)

    1. (A) "Part-time care" means child care provided no longer than four (4) hours per day or not to exceed a maximum of twenty (20) hours per week.

    2. (B) These types of programs may include, but are not limited to:

       1. (i) Half-day kindergarten;
       2. (ii) Mother's Day Out programs;
       3. (iii) Play schools; and
       4. (iv) Some nursery schools;

19. (19) "Personnel" means the:

    1. (A) Facility owner or operator;
    2. (B) Staff; or
    3. (C) Volunteer;
20. (20) "Program" is defined as all activities that comprise the child's day at the center;

21. (21)

    1. (A) "School-age care" means child care for children who are in kindergarten (K5) and above.

    2. (B) School-age child care includes:

       1. (i) Before and after school care; and
       2. (ii) Extended care during school holidays and summer day camps.
    3. (C) School-age programs that operate with children arriving and leaving voluntarily for scheduled classes, activities, practices, games, and meetings shall not be considered as meeting this definition;

22. (22)

    1. (A) "Sick care" is defined as a separate service providing care for children who are too sick to attend day care as stated in 20 CAR § 1025-1605 but who do not exhibit any of the excludable diseases as defined in 20 CAR § 1025-1605(g).
    2. (B) The primary objective of this service is to ensure that children in care receive the required attention necessary for moderately ill children;

23. (23)

    1. (A) “Staff” or "employee" means all full-time or part-time employees and staff or any person or persons who perform services under the direction and control of the childcare facility, regardless if they are paid or not.

    2. (B) This includes any person or persons who:

       1. (i) Have supervisory or disciplinary control over children;
       2. (ii) Are at any point left alone with children; or
       3. (iii) Are counted in staff-to-child ratios;

24. (24)

    1. (A) "Substantial compliance" means compliance with all essential standards necessary to protect the health, safety, and welfare of the children attending the childcare center.

    2. (B) Essential standards include but are not limited to those relating to issues involving:

       1. (i) Fire;
       2. (ii) Health;
       3. (iii) Safety;
       4. (iv) Nutrition;
       5. (v) Discipline;
       6. (vi) Staff-to-child ratio; and
       7. (vii) Space;

25. (25)

    1. (A) "Swimming pool" means any pool of water in excess of twelve inches (12") deep.

    2. (B) This does not include natural pools of water such as:

       1. (i) Lakes;
       2. (ii) Ponds; and
       3. (iii) Rivers;
26. (26) "Toddler center" means child care for ages eighteen (18) to thirty-six (36) months; and

27. (27) "Volunteer" means a person who provides services to a childcare facility, but:

    1. (A) Has no supervisory or disciplinary control over children;
    2. (B) Is not left alone with children; and
    3. (C) Is not counted in staff-to-child ratios.