(a)(1) “Administrator” means the licensee, or the adult designated by the licensee to act in his/her behalf in the overall management of the facility.

(2) “Adult” means a person who is 18 years of age or older.

(3) “Age Component” means the ages of children served by a single license child care center, and may include infant, toddler, preschool, school age, or mildly ill components.

(4) “Applicant” means any adult, general partner(s) of a partnership, corporation, county, city, public agency or other governmental entity that has applied for a child care center license.

(5) “Assistant Infant Care Center Director” (“Assistant Director”) means the individual as specified in Section 101415.1 designated by the child care center director to act in his or her behalf in the overall management of an infant care center.

(6) “Authorized Representative” means any person or entity authorized by law to act on behalf of any child. Such person or entity may include but not be limited to a minor's parent, a legal guardian, a conservator or a public placement agency.

(b)(1) “Basic Services” means those services required by applicable laws and regulations to be provided by the licensee in order to obtain and maintain a child care center license.

(c)(1) “California Clearance” means an individual has no felony or misdemeanor convictions reported by the California Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.

(2) “Capacity” means the maximum number of children authorized to be provided care and supervision at any one time in any licensed child care center.

(3) “Care and Supervision” means any one or more of the following activities provided by a person or child care center to meet the needs of children in care:

(4) “Child” means a person under 18 years of age who is being provided care and supervision in a child care center, except where specified otherwise.

(5) “Child Abuse Central Index” means the California Department of Justice maintained statewide, multi-jurisdictional, centralized index of child abuse investigation reports. These reports pertain to alleged incidents of physical abuse, sexual abuse, mental/emotional abuse and/or severe neglect. Each child protection agency (police, sheriff, county welfare and probation departments) is required by law to forward to the California Department of Justice a report of every child abuse incident it investigates, unless an incident is determined to be unfounded.

(6) “Child Abuse Central Index Clearance” means that the California Department of Justice has conducted a name search of the index and the search did not result in a match or the search resulted in a match but the California Department of Social Services determined after an investigation that the allegation of child abuse or neglect was not substantiated.

(7) “Child Care Center” or “Day Care Center” (or “center”) means any child care facility of any capacity, other than a family child care home as defined in Section 102352f.(1), in which less than 24-hour per day non-medical care and supervision are provided to children in a group setting. The term “Child Care Center” supersedes the term “Day Care Center” as used in previous regulations.

(8) “Child Care Center Director” or “Day Care Center Director” means the administrator of a child care center. The term “Child Care Center Director” supersedes the term “Day Care Center Director” as used in previous regulations.

(9) “Child Care Facility” or “Child Day Care Facility” (or “facility”) means any place or building in which less than 24-hour per day nonmedical care and supervision, as defined in Section 101152c.(2), are provided to children in a group setting. The term “Child Care Facility” supersedes the term “Child Day Care Facility” as used in previous regulations.

(10) “Combination Center” means any combination of child care center, infant center, school-age child care center, and child care center for mildly ill children that is owned and operated by one licensee at a common address. Each separately licensed component of a single program shall be capable of independently meeting the provisions of applicable regulations as determined by the Department.

(11) “Completed Application” means:

(12) “Control of Property” means the right to enter, occupy and maintain the operation of the child care center property within regulatory requirements. Evidence of control of property may include, but is not limited to, the following:

(13) “Conviction” means:

(14) “Criminal Record Clearance” means an individual has a California Department of Justice clearance and an FBI clearance.

(d)(1) “Deficiency” means any failure to comply with any provision of the California Child Day Care Act (Health and Safety Code, section 1596.70, et seq.) and/or regulations adopted by the Department pursuant to the Act.

(2) “Department” means the California Department of Social Services (CDSS) or any state, county or other public agency authorized by CDSS to assume specified licensing responsibilities pursuant to Health and Safety Code Sections 1596.77 and 1596.82. The term “Department” supersedes the term “Licensing Agency” as used in previous regulations.

(3) “Developmental Disability” means a disability as defined in Welfare and Institutions Code Section 4512(a).

(4) “Director” means the director of the California Department of Social Services.

(e)(1) “Emergency Approval to Operate” (EAO) (LIC 9117 [4/93]) means a temporary approval to operate a facility for no more than 60 days pending the Department's decision on whether to approve or deny a provisional license.

(2) “Emergency Substitute,” as described in Section 101216.3(h)(1), means a person at least 18 years of age.

(3) “Evaluator” means any person who is a duly authorized officer, employee or agent of the Department, including any officer, employee or agent of a county or other public agency authorized by the Department to license child care centers.

(4) “Evidence of Licensee's Death” shall include, but is not limited to, a copy of the death certificate, obituary notice, certification of death from the decedent's mortuary or a letter from the attending physician or coroner's office verifying the licensee's death.

(5) “Exception” means a written authorization issued by the Department to use alternative means which meet the intent of a specific regulation and that are based on the unique needs or circumstances of a specific child or staff person. Exceptions are not transferable or applicable to other children, staff persons, child care centers or licensees.

(6) “Exemption” means an exception to the requirements of Health and Safety Code Section 1596.871 and applicable regulations. Exemptions are not transferable.

(7) “Existing Child Care Center” means any child care center operating under a valid, unexpired license on the date this chapter becomes effective.

(f)(1) “Federal Bureau of Investigation (FBI) Clearance” means an individual has no felony or misdemeanor convictions reported by the FBI. The individual may also have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.

(g)(1) “Guardian” means any person appointed by the Superior Court, or court of competent jurisdiction, to care for the person, or estate, or the person and estate of another, as the legal guardian pursuant to law.

(i)(1) “Infant” means a child under two years of age.

(2) “Infant Care Center” means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting.

(3) “Infant Care Center Director” means the administrator of an infant care center as specified in section 101415.

(4) “Infant Care Teacher” means a teacher as specified in section 101416.2.

(l)(1) “License” means a written authorization by the Department to operate a child care center and to provide care and supervision. A license is not transferable.

(2) “Licensee” means the adult, general partner(s) of a partnership, controlling partners in a limited liability corporation, corporation, county, city, public agency or other governmental entity having the authority and responsibility to operate a licensed child care center.

(3) “Licensing Agency” -- See “Department” as specified in Section 101152d.(2). The term “Department” supersedes the term “Licensing Agency” as used in previous regulations.

(m)(1) “Medical Professional” means an individual who is licensed or certified in California to perform the necessary medical procedures within his/her scope of practice. This includes, but is not limited to, Medical Doctor (MD), Registered Nurse (RN) and Licensed Vocational Nurse (LVN).

(2) “Mental Disorder” means any of the disorders set forth in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition), published by the American Psychiatric Association, and a degree of functional impairment that renders a person eligible for the services enumerated under the Lanterman-Petris-Short Act (commencing with Section 5000 of the Welfare and Institutions Code).

(n)(1) “Nonambulatory Person” is defined in Health and Safety Code Section 13131.

(p)(1) “Physician” means a person licensed as a physician and surgeon by the Medical Board of California or the Osteopathic Medical Board of California.

(2) “Preschool-age child” means a child as defined in Health and Safety Code Section 1597.059.

(3) “Provide” or “Provision” means to make available any service or personnel to meet licensing or other requirements.

(4) “Provisional License” means a temporary license issued in accordance with the criteria specified in Section 101181.

(q)(1) “Qualified Teacher Substitute” means a person at least 18 years of age with at least six postsecondary semester or equivalent quarter units in early childhood education or child development.

(r)(1) “Rehabilitation” means the effort to reestablish good character since the date of the last conviction, including, but not limited to, education, counseling or therapy, training, stable employment, restitution, remorse, changes in lifestyle, or community service.

(2) “Relative” means spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, nephew, niece, first cousin or any such person denoted by the prefix “grand” or “great,” or the spouse of any of the persons specified in this definition even after the marriage has been terminated by death or dissolution.

(s)(1) “Single License Child Care Center” means a child care center that operates as one facility under a single license and may serve children with more than one age component, and is owned and operated by one licensee at a common address, in which less than 24-hour per day non-medical care and supervision are provided to children in a group setting. This applies to a facility that falls within this definition of a single license child care center.

(2) “School-Age Child” means any child who meets one of the following:

(3) “School-Age Child Care Center” means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to school-age children in a group setting.

(4) “Serious Deficiency” means any deficiency that presents an immediate or substantial threat to the physical health, mental health or safety of the children in a child care center.

(5) “Simplified Exemption” means an exemption granted on the Department's own motion, as authorized in Health and Safety Code Section 1596.871(c)(3), if the individual's criminal history meets specific criteria established by Department regulation.

(6) “Substantial Compliance” means the absence of any serious deficiencies.

(t)(1) “Toddler Component” means the component of a preschool or infant care program designed for children between the ages of 18 months and 30 months.

(u)(1) “Urgent Need” means a situation where prohibiting the operation of the child care center would be detrimental to a child's physical health, mental health, safety or welfare. Circumstances constituting urgent need include but are not limited to:

(w)(1) “Waiver” means a nontransferable written authorization issued by the Department to use alternative means which meet the intent of a specific regulation and that are based on a facility-wide need or circumstance.