As used in this part:

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

2. (2)

   1. (A) “Assistive electronic device” means any electronic device that is used and needed by a child or youth with a disability.

   2. (B) Such a device might be used:

      1. (i) For communication;
      2. (ii) For environmental manipulation;
      3. (iii) To keep a schedule or checklist of activities; or
      4. (iv) For other specific and generalized therapeutic activities that promote independence.
   3. (C) The device may be used at all times or at the discretion of the user but has a functional application for the user;

3. (3) “Child Care Licensing Unit” means the unit within the Office of Early Childhood 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) Minimum Licensing Requirements for Childcare Centers, 20 CAR pt. 1025;

4. (4)

   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) 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.

   5. (E) This includes:

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

   6. (F) 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. (i) Five (5) hours per day; or
      2. (ii) Ten (10) hours per week.
   7. (G) 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;
5. (5) “Child Maltreatment Central Registry check” means a check of the Child Maltreatment Central Registry for any record of founded child abuse and neglect or maltreatment;

6. (6)

   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;
7. (7) “Criminal record check” means a statewide criminal record check conducted by the Identification Bureau of the Division of Arkansas State Police;
8. (8) “Department” means the Department of Human Services;
9. (9) “Division” means the Division of Child Care and Early Childhood Education;

10. (10)

    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 out-of-school time (OST) facility, regardless of whether they are paid or not.

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

       1. (i) Have supervisory or disciplinary control over participants;
       2. (ii) Are at any point left alone with participants; or
       3. (iii) Are counted in staff-to-participant ratios;
11. (11) “Evening and night care” means participant care provided between 7:00 p.m. and 6:00 a.m.;
12. (12) “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;

13. (13)

    1. (A) “Medical home” means the doctor whom you and your child see for routine medical care.
    2. (B) This is your primary care physician;
14. (14) “Operator” means any person or entity exercising any measure of supervision or control over an OST facility;

15. (15)

    1. (A)

       1. (i) “Out-of-school time program” means a childcare and school-age or youth development program caring for children who are in kindergarten (K-five (5) years of age) and above.

       2. (ii) OST care includes:

          1. (a) (a) Before-school and after-school care;
          2. (b) (b) Extended care during the school holiday;
       3. (c) (c) Summer day camps; and
       4. (d) (d) Youth development programs.

       5. (iii) OST programs that operate with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings:

          1. (a) (a) Are defined as recreational programs; and
          2. (b) (b) Do not fall under the definition of requiring licensure as an OST program.

    2. (B)

       1. (i) For purposes of determining the need for a license, all care provided at the site of a licensed OST program is considered a part of the licensed program and therefore subject to licensing requirements.
       2. (ii) This includes separate buildings located on the same property or any other property under the same ownership.
       3. (iii) Part-time programs serving participants not participating in the licensed OST program are exempt as long as they operate no more than five (5) hours per day or ten (10) hours per week.
    3. (C) 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;
16. (16) “Owner” means any person who assumes the legal responsibility for operation of an OST facility;

17. (17) “Part-time care” means care:

    1. (A) Provided no longer than four (4) hours per day; or
    2. (B) Not to exceed a maximum of twenty (20) hours per week;

18. (18)

    1. (A) “Participant” means a child who is enrolled in kindergarten or a higher grade.
    2. (B) If the OST program provides care to children over thirteen (13) years of age, the program must meet all regulatory standards in regard to such children just as if the children were under thirteen (13) years of age.
    3. (C) Children may receive care through the conclusion of high school;

19. (19) “Personnel” means the facility:

    1. (A) Owner or operator;
    2. (B) Staff; or
    3. (C) Volunteer;
20. (20) “Program” means all activities that comprise the participant’s day at the center;

21. (21)

    1. (A) “Screen time” means the amount of time that a participant uses or is engaged with electronic media.
    2. (B) Electronic media includes but is not limited to television, videos, digital versatile discs (DVDs), computers, portable electronic devices, etc.;

22. (22)

    1. (A) “Sick care” means a separate service providing care for participants who are too sick to attend the OST program as stated in 20 CAR § 1027-1001 et seq. but who do not exhibit any of the excludable diseases as defined in 20 CAR § 1027-1501 et seq.
    2. (B) The primary objective of this service is to ensure that participants in care receive the required attention necessary for moderately ill participants;

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 OST facility, regardless of whether they are paid or not.

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

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

24. (24)

    1. (A) “Substantial compliance” means compliance with all essential standards necessary to protect the health, safety, and welfare of the participants attending the OST program.

    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-participant 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; and

26. (26) “Volunteer” means a person who provides services to an OST program, but:

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