PURPOSE: This rule defines the terms used in the licensing rules for group day care homes and child day care centers.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) Adult is any individual eighteen (18) years of age or older.
2. (2) Caregiver is the child care provider or other child care staff.

3. (3) Child care provider, group day care home provider or provider is the person(s) licensed or required to be licensed under section 210.211, RSMo in order to establish, conduct or maintain a child care facility. This person(s) shall have the following rights and responsibilities as determined by the division:

   1. (A) Ultimate responsibility for making and implementing decisions regarding the operation of the facility; and
   2. (B) Ultimate financial control of the operation of the facility.
4. (4) A child day care center or center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for children not related to the child care provider for any part of the twenty-four (24)-hour day.
5. (5) Day care is care of a child away from his/her own home for any part of the twentyfour (24)-hour day for compensation or otherwise. Day care is a voluntary supplement to parental responsibility for the child’s protection, development and supervision. Day care may be given in a family day care home, group day care home or day care center.
6. (6) A day care facility or facility is a day care home, day care center or group day care home.
7. (7) Director is the director of the Missouri Department of Health.
8. (8) Department is the Missouri Department of Health.
9. (9) A family day care home or home, whether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a day care home provider for no more than ten (10) children not related to the provider for any part of the twenty-four (24)-hour day. The provider may be licensed to operate no more than one (1) family day care home or group day care home.
10. (10) Graded boarding school is a public or private school which provides education in at least the first through the sixth grade and which provides lodging and meals for the pupils for the standard school term.
11. (11) A group day care home, whether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a group day care home provider for eleven (11), but not more than twenty (20), children not related to the child care provider for any part of the twenty-four (24)-hour day. A group day care home shall be in a location other than the provider’s permanent residence or separate from the provider's living quarters. The provider may be licensed to operate no more than one (1) group day care home or family day care home.
12. (12) Infant is any child under twelve (12) months of age.
13. (13) Night is the part of the twenty-four (24)- hour day between 9:00 p.m. and 6:00 a.m.
14. (14) Nursery school is a program operated by a person or organization with the primary function of providing an educational program for preschool-age children for no more than four (4) hours per child per day.
15. (15) Premises is a house(s), dwelling(s) or building(s) and its adjoining land.
16. (16) Preschool child is any child two through five (2—5) years of age who is not in kindergarten for five (5)-year-old children.
17. (17) Related is any of the following relationships by marriage, blood or adoption between 19 CSR 30-62

the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.

1. (18) Review board is the Child Care Licensing Review Board.
2. (19) School-age child is any child five (5) years of age or older who is in kindergarten or elementary school.

3. (20) School system is a program established primarily for education and which meets the following criteria:

   1. (A) Provides education in at least the first through the sixth grade; and
   2. (B) Provides evidence that the school system's records will be accepted by a public or private school for the transfer of any student.
4. (21) Staff/child ratio is the number of caregivers required in relation to the number of children in care.
5. (22) Summer camp is a program operated from May to September by a person or organization with the primary function of providing a summer recreational program for children no younger than five (5) years of age, and providing no day care for children younger than five (5) years of age in the same building or in the same outdoor play area.
6. (23) Toddler is any child between twelve to twenty-four (12—24) months of age.

7. (24) A well-known religious order is defined as—

   1. (A) An entity that qualifies for federal tax exemption status as a not-for-profit religious organization under Section 501(c)(3) of the Internal Revenue Code of 1954; and
   2. (B) An entity whose real estate on which the child care facility is located is exempt from taxation because it is used for religious purposes.

AUTHORITY: sections 210.221.1(3), RSMo Supp. 1993.* This rule previously filed as 13 CSR 40-62.010 and 19 CSR 40-62.010. Original rule filed in 1956. Amended: Filed Dec. 19, 1975, effective Jan. 1, 1976. Amended: Filed Dec. 14, 1976, effective March 11, 1977. Rescinded: Filed April 13, 1982, effective Aug. 31, 1982. Readopted: Filed April 13, 1982, effective Sept. 1, 1982. Amended: Filed March 14, 1985, effective Aug. 11, 1985. Amended: Filed Oct. 7, 1987, effective March 25, 1988. Rescinded and readopted: Filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.010, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-62.010 July 30, 1998.

*Original authority 1949, amended 1955, 1987, 1993.