As used in this part:

1. (1) "Child care" means the child care services defined in Section 35A-3-102 for:

   1. (a) children age 12 or younger; and
   2. (b) children with disabilities age 18 or younger.

2. (2) "Child care provider association" means an association:

   1. (a) that has functioned as a child care provider association in the state for at least three years; and
   2. (b) is affiliated with a national child care provider association.
3. (3) "Committee" means the Child Care Advisory Committee created in Section 35A-3-205.
4. (4) "Director" means the director of the Office of Child Care.

5. (5)

   1. (a) "Income" means gross income, whether earned or unearned, as defined by rule made in accordance with Section 35A-3-203.

   2. (b) "Income" does not include:

      1. (i) income from means-tested programs, including:

         1. (A) Temporary Assistance to Needy Families;
         2. (B) the Social Security Act; and
         3. (C) the Supplemental Nutrition Assistance Program;
      2. (ii) in-kind income;
      3. (iii) scholarship, grant, or bona fide loan money;
      4. (iv) a federal or state income tax credit; or
      5. (v) a nonrecurring lump sum benefit.

6. (6) "Income-eligible child" means a child whose:

   1. (a) family income does not exceed 85% of state median income for a family of the same size; and
   2. (b) family assets do not exceed the limit established by the office through rule created in accordance with Section 35A-3-203.
7. (7) "Office" means the Office of Child Care created in Section 35A-3-202.

Amended by Chapter 168, 2021 General Session