For the purposes of this subchapter, the term:

1. (a)

   1. (1) “Care giver” means an individual whose duties include direct care, supervision, and guidance of infants or children in a child development facility.
   2. (2) “Child” or “children” means an individual or individuals from 2 years to 15 years of age.
   3. (3) “Child development 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” does not include a public or private elementary or secondary school engaged in legally required educational and related functions or a pre-kindergarten education program licensed pursuant to the Pre-k Act of 2008.

   4. (3A)

      1. (A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.
      2. (B) "Drinking water source" shall not include a source of water for which a conspicuous sign is posted pursuant to § 7-2051(b)(3).

   5. (3B) "Formal parent-led play cooperative" means:

      1. (A) A group of parents, step-parents, or legal guardians of participating children, including a group that has organized as a nonprofit organization, who have agreed to supervise the participating children during group meetings; and:

      2. (B) The group:

         1. (i) Meets at predetermined times for fewer than 4 hours per day;
         2. (ii) Meets at locations other than a home of one of the parents, step-parents, or legal guardians in the group;
         3. (iii) Does not require payment by parents, step-parents, or legal guardians, other than to cover the costs of administering the group, including rent, insurance, equipment, and activities;
         4. (iv) Requires, as a prerequisite to joining the group, that a parent, step-parent, or legal guardian of each participating child in the group volunteer a minimum number of hours to supervise the participating children during meetings, regardless of whether the group requires parents, step-parents, or legal guardians of every child to be present at every meeting;
         5. (v) Notifies, upon registration with the group, the parents, step-parents, and legal guardians of each participating child in the group that the group is not a child development facility licensed pursuant to this subchapter;
         6. (vi) Does not employ any individual to supervise participating children on behalf of parents other than to facilitate activities while parents, step-parents, or legal guardians supervise the participating children; and
         7. (vii) Has written policies and procedures for the prevention of the spread of infectious diseases, response to and prevention of food allergies, emergency preparedness, and handling of health information.
   6. (4) “Infant” means an individual younger than 12 months of age.

   7. (4A) "Informal parent-supervised neighborhood play groups" means:

      1. (A) A group of parents, step-parents, or legal guardians of participating children who gather together to allow children to play together; and
      2. (B) The group does not meet the definition of a formal parent-led play cooperative as defined in paragraph (3B) of this section.
   8. (5) “Licensee” means a child development facility that is licensed pursuant to this subchapter.
   9. (6) “Person” means any individual, firm, partnership, company, corporation, trustee, or association.
   10. (6A) “Pre-k Act of 2008” means Chapter 2A of Title 38 [§ 38-271.01 et seq.].

   11. (7) “Related person” means any legal guardian or any of the following relationships established by marriage, adoption, or blood to the 5th degree:

       1. (A) Parent or step-parent;
       2. (B) Grandparent;
       3. (C) Brother, sister, step-sister, or step-brother;
       4. (D) Uncle or aunt; or
       5. (E) Niece or nephew.

   12. (7A) "Remediation steps" means, at a minimum, actions to:

       1. (A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or
       2. (B) Preclude people from consuming or cooking with water from a drinking water source.
   13. (8) “Toddler” means an individual older than 12 months but less than 24 months of age.

History

Apr. 13, 1999, D.C. Law 12-215, § 2, 46 DCR 274

July 18, 2008, D.C. Law 17-202, § 603(a), 55 DCR 6297

Sept. 23, 2017, D.C. Law 22-21, § 5(a)

Mar. 29, 2019, D.C. Law 22-277, § 2(a)

Feb. 23, 2023, D.C. Law 24-255, § 2(a)

Delegation of Authority

Delegation of authority pursuant to D.C. Law 12-215, the “Child Development Facilities Regulation Act of 1998”, see Mayor’s Order 2000-124, August 3, 2000 ( 47 DCR 6808).

Delegation of authority pursuant to D.C. Act 13-11, the “Child Development Facilities Regulation Congressional Review Emergency Amendment Act of 1999”, see Mayor’s Order 99-66, April 28, 1999 ( 46 DCR 4231).

Emergency Legislation

For temporary addition of subchapter II, see §§ 2-21 of the Child Development Facilities Regulation Emergency Act of 1998 (D.C. Act 12-511, November 10, 1998, 45 DCR 8153), and §§ 2-21 of the Child Development Facilities Regulation Congressional Review Emergency Act of 1999 (D.C. Act 13-11, February 8, 1999, 46 DCR 2322).

For temporary regulation of child development facilities, see §§ 2-21 of the Child Development Facilities Regulation Emergency Act of 1997 (D.C. Act 12-206, December 15, 1997, 44 DCR 346).

For temporary (90 days) amendment of this section, see § 6132(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 6132(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2(a) of Parent-led Play Cooperative Emergency Amendment Act of 2018 (D.C. Act 22-494, Oct. 23, 2018, 65 DCR12074).

For temporary (90 days) , see § 2(a) of Parent-led Play Cooperative Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-15, Feb. 25, 2019, 66 DCR 2472).

Temporary Legislation

For temporary (225 day) addition of §§ 7-2031 to 7-2050, see §§ 2 to 21 of Child Development Facilities Regulation Temporary Act of 1997 (D.C. Law 12-71, March 20, 1998, law notification 45 DCR 2106).

For temporary (225 days) amendment of this section, see § 2(a) of Parent-led Play Cooperative Temporary Amendment Act of 2018 (D.C. Law 22-203, Feb. 22, 2019, 65 DCR 12336).

Effect of Amendments

D.C. Law 17-202, in par. (3), substituted “related functions or a pre- kindergarten education program licensed pursuant to the Pre-k Act of 2008” for “related functions”; and added par. (6A).

Prior Codifications

1981 Ed., § 6-3621.

Section References

This section is referenced in § 8-231.01.

Editor's Notes

Section 10 of D.C. Law 22-21 repealed §§ 6131 to 6134 of D.C. Law 22-33 before D.C. Law 22-33 became effective as law, which would have amended this section.