Ariz. Admin. Code § 9-5-101

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-5-101 - Definitions

In addition to the definitions in A.R.S. § 36-881, the following definitions apply in this Chapter unless otherwise specified:

1. "Abuse" has the same meaning as in A.R.S. § 8-201.

2. "Accident" means an unexpected occurrence that:

a. Causes injury to an enrolled child,

b. Requires attention from a staff member, and

c. May or may not be an emergency.

3. "Accommodation school" has the same meaning as in A.R.S. § 15-101.

4. "Accredited" means approved by the:

a. New England Commission of Institution of Higher Education,

b. Middle States Commission of Higher Education,

c. North Central the Higher Learning Commission,

d. Northwest Commission on Colleges and Universities,

e. Commission on Colleges, or

f. Western Association of Schools and Colleges.

5. "Activity" means an action planned by a licensee and performed by an enrolled child while supervised by a staff member.

6. "Activity area" means a specific indoor or outdoor space or room of a licensed facility that is designated by a licensee for use by an enrolled child for an activity.

7. "Adaptive device" means equipment used to augment an individual's use of the individual's arms, legs, sight, hearing, or other physical part or function.

8. "Administrative completeness review time-frame" has the same meaning as in A.R.S. § 41-1072.

9. "Adult" means an individual who is at least 18 years of age.

10. "Age-appropriate" means consistent with a child's age and age-related stage of physical growth and mental development.

11. "Agency" means any board, commission, department, office, or other administrative unit of the federal government, the state, or a political subdivision of the state.

12. "Applicant" means a person or governmental agency requesting one of the following:

a. A license, or

b. Approval of a change affecting a license under R9-5-208.

13. "Application" means the documents that an applicant is required to submit to the Department for licensure or approval of a request for a change affecting a license.

14. "Assistant teacher-caregiver" means a staff member who aids a teacher-caregiver in planning, developing, or conducting child care activities.

15. "Association" means a group of individuals other than a corporation, limited liability company, partnership, joint venture, or public school who has established a governing board and bylaws to operate a facility.

16. "Background check" means results identified in searches according to A.R.S.§ 46-811(A) and consistent with the Child Care and Development Block Grant Act of 2014 ( Public Law 113-186 ):

a. The state sex offender registry within this state and each state where a staff member resided during the preceding five years;

b. The state-based child abuse and neglect registries and databases within this state and each state where a staff member resided during the preceding five years;

c. The National Crime Information Center; and

d. The National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 A.S.C. 16901 et seq).

17. "Beverage" means a liquid for drinking, including water.

18. "Business organization" has the same meaning as "entity" in A.R.S. § 10-140.

19. "Calendar day" means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

20. "Calendar week" means a seven-day period beginning on Sunday at 12:00 a.m. and ending on Saturday at 11:59 p.m.

21. "C.C.P." means Certified Childcare Professional, a credential awarded by the National Early Childhood Program Accreditation.

22. "C.D.A." means Child Development Associate, a credential awarded by the Council for Professional Recognition.

23. "Change in ownership" means a transfer of controlling legal or controlling equitable interest and authority in a facility resulting from a sale or merger of a facility.

24. "Charter school" has the same meaning as in A.R.S. § 15-101.

25. "Child care experience" means an individual's documented work with children in:

a. A child care facility or a child care group home that was licensed, certified, or approved by a state in the United States or by one of the Uniformed Services of the United States;

b. A public school, a charter school, a private school, or an accommodation school;

c. A public or private educational institution authorized under the laws of another state where instruction was provided for any grade or combination of grades between pre-kindergarten and grade 12; or

d. One of the following professional fields:

i. Nursing,

ii. Social work,

iii. Psychology,

iv. Child development, or

v. A closely-related field.

26. "Child care services" means the range of activities and programs provided by a licensee to an enrolled child, including personal care, supervision, education, guidance, and transportation.

27. "Child with special needs" means:

a. A child with a health care provider's diagnosis and record of a physical or mental condition that substantially limits the child in providing self-care or performing manual tasks or any other major life function such as walking, seeing, hearing, speaking, breathing, or learning;

b. A child with a "developmental disability" as defined in A.R.S. § 36-551; or

c. A "child with a disability" as defined in A.R.S. § 15-761.

28. "Clean" means to remove dirt or debris by methods such as washing with soap and water, vacuuming, wiping, dusting, or sweeping.

29. "Closely-related field" means any educational instruction or occupational experience pertaining to the growth, development, physical or mental care, or education of children.

30. "Communicable disease" has the same meaning as in A.A.C. R9-6-101.

31. "Compensation" means money or other consideration, including goods, services, vouchers, time, government or public expenditures, government or public funding, or another benefit, that is received as payment.

32. "Corporal punishment" means any physical action used to discipline a child that inflicts pain to the body of the child, or that may result in physical injury to the child.

33. "CPR" means cardiopulmonary resuscitation.

34. "Credit hour" means an academic unit earned at an accredited college or university:

a. By attending a one-hour class session each calendar week during a semester or equivalent shorter course term, or

b. Completing practical work for a course as determined by the accredited college or university.

35. "Designated agent" means an individual who meets the requirements in A.R.S. § 36-889(D).

36. "Developmentally-appropriate" means consistent with a child's physical, emotional, social, cultural, and cognitive development, based on the child's age and family background and the child's personality, learning style, and pattern and timing of growth.

37. "Discipline" means the on-going process of helping a child develop self-control and assume responsibility for the child's own actions.

38. "Documentation" means information in written, photographic, electronic, or other permanent form.

39. "Electronic signature" has the same meaning as in A.R.S. § 41-351(9).

40. "Emergency" means a potentially life-threatening occurrence involving an enrolled child or staff member that requires an immediate response or medical treatment.

41. "Endanger" means to expose an individual to a situation where physical injury or mental injury to the individual may occur.

42. "Enrolled" means placed by a parent and accepted by a licensee for child care services.

43. "Evening and nighttime care" means child care services provided between the hours of 8:00 p.m. and 5:00 a.m.

44. "Facility" has the same meaning as "child care facility" in A.R.S. § 36-881.

45. "Facility director" means an individual who is designated by a licensee as the individual responsible for the daily onsite operation of a facility.

46. "Facility premises" means property that is:

a. Designated on an application for a license by the applicant; and

b. Licensed for child care services by the Department under A.R.S. Title 36, Chapter 7.1, Article 1, and this Chapter.

47. "Fall zone" means the surface under and around a piece of equipment onto which a child falling from or exiting from the equipment would be expected to land.

48. "Field trip" means an activity planned by a staff member for an enrolled child:

a. At a location or area that is not licensed for child care services by the Department, or

b. At a child care facility in which the child is not enrolled.

49. "Final construction drawings" means facility plans that include the architectural, structural, mechanical, electrical, fire protection, plumbing, and technical specifications of the physical plant and the facility premises and that have been approved by local government for the construction, alteration, or addition of a facility.

50. "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

51. "Food preparation" means processing food for human consumption by cooking or assembling the food, but does not include distributing prepackaged food or whole fruits or vegetables.

52. "Full-day care" means child care services provided for six or more hours per day between the hours of 5:00 a.m. and 8:00 p.m.

53. "Governmental agency" has the same meaning as in A.R.S. § 44-7002.

54. "Guidance" means the ongoing direction, counseling, teaching, or modeling of generally accepted social behavior through which a child learns to develop and maintain the self-control, self-reliance, and self-esteem necessary to assume responsibilities, make daily living decisions, and live according to generally accepted social behavior.

55. "Hazard" means a source of endangerment.

56. "Health care provider" means a physician, physician assistant, or registered nurse practitioner.

57. "High school equivalency diploma" means:

a. A document issued by the State Board of Education under A.R.S. § 15-702 to an individual who passes a general educational development test or meets the requirements of A.R.S. § 15-702(B);

b. A document issued by another state to an individual who passes a general educational development test or meets the requirements of a state statute equivalent to A.R.S. § 15-702(B); or

c. A document issued by another country to an individual who has completed that country's equivalent of a 12th grade education, as determined by the Department based upon information obtained from American or foreign consulates or embassies or other governmental agencies.

58. "Hours of operation" means the specific time during a day for which a licensee is licensed to provide child care services.

59. "Illness" means physical manifestation or signs of sickness, such as pain, vomiting, rash, fever, discharge, or diarrhea.

60. "Immediate" or "immediately" means without restriction, delay, or hesitation.

61. "Inaccessible" means:

a. Out of an enrolled child's reach, or

b. Locked.

62. "Infant" means:

a. A child 12 months of age or younger, or

b. A child 18 months of age or younger who is not yet walking.

63. "Infant care" means child care services provided to an infant.

64. "Infestation" means the presence of lice, pinworms, scabies, or other parasites.

65. "Inspection" means:

a. Examination of a facility by the Department to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 1, and this Chapter;

b. Review of facility documents, records, or reports by the Department; or

c. Examination of a facility by a local governmental agency.

66. "Lesson plan" means a written description of the activities scheduled in each activity area for a day.

67. "License" means the written authorization issued by the Department to operate a facility in Arizona.

68. "Licensed applicator" who complies with A.A.C. R3-8-201(C).

69. "Licensed capacity" means the maximum number of enrolled children for whom a licensee is authorized by the Department to provide child care services in a facility or a part of a facility at any given time.

70. "Licensee" means a person or governmental agency to whom the Department has issued a license to operate a facility in Arizona.

71. "Local" means under the jurisdiction of a city or county in Arizona.

72. "Mat" means a foam pad that has a waterproof cover and is of sufficient size and thickness to accommodate the height, width, and weight of a reclining child's body.

73. "Medication" means a substance prescribed by a physician, physician assistant, or registered nurse practitioner or available without a prescription for the treatment or prevention of illness or infestation.

74. "Menu" means:

a. A written description of the food that a facility provides and serves as a meal or snack, or

b. The combination of food that a facility provides and serves as a meal or snack.

75. "Motor vehicle" has the same meaning as in A.R.S. § 28-101.

76. "N.A.C." means the National Administrator Credential, a credential issued by the National Institute of Child Care Management.

77. "Name" means, for an individual, the individual's first name and the individual's last name.

78. "Naptime" means any time during hours of operation, other than evening and nighttime hours, that is designated by a licensee for the rest or sleep of enrolled children.

79. "Neglect" has the same meaning as in A.R.S. § 8-201.

80. "One-year-old" means a child who is not an infant and at least 12 months of age but not yet two years of age.

81. "Outbreak" has the same meaning as in A.A.C. R9-6-101.

82. "Overall time-frame" has the same meaning as in A.R.S. § 41-1072.

83. "Parent" means:

a. A natural or adoptive mother or father,

b. A legal guardian appointed by a court of competent jurisdiction, or

c. A "custodian" as defined in A.R.S. § 8-201.

84. "Part-day care" means child care services provided for fewer than six hours per day between the hours of 5:00 a.m. and 8:00 p.m.

85. "Perishable food" means food that becomes unfit for human consumption if not stored to prevent spoilage.

86. "Pesticide" has the same meaning as in A.R.S. § 32-3601.

87. "Pesticide label" means the written, printed, or graphic matter approved by the United States Environmental Protection Agency on, or attached to, a pesticide container.

88. "Physical injury" means temporary or permanent damage or impairment to a child's body.

89. "Physical plant" means a building that houses a facility, or the licensed areas within a building that houses a facility, including the architectural, structural, mechanical, electrical, plumbing, and fire protection elements of the building.

90. "Physician" means an individual licensed as a doctor of:

a. Allopathic medicine under A.R.S. Title 32, Chapter 13;

b. Naturopathic medicine under A.R.S. Title 32, Chapter 14;

c. Osteopathic medicine under A.R.S. Title 32, Chapter 17;

d. Homeopathic medicine under A.R.S. Title 32, Chapter 29; or

e. Allopathic, naturopathic, osteopathic, or homeopathic medicine under the law of another state.

91. "Physician assistant" means:

a. An individual who is licensed under A.R.S. Title 32, Chapter 25; or

b. An individual who is licensed as a physician assistant under the law of another state.

92. "Private pool" has the same meaning as "private residential swimming pool" in A.A.C. R18-5-201.

93. "Private school" has the same meaning as in A.R.S. § 15-101.

94. "Program" means a variety of activities organized and conducted by a staff member.

95. "Public pool" has the same meaning as "public swimming pool" in A.A.C. R18-5-201.

96. "Public school" has the same meaning as "school" in A.R.S. § 15-101.

97. "Registered nurse practitioner" means:

a. An individual who is licensed and certified as a "registered nurse practitioner" under A.R.S. § 32-1601, or

b. An individual who is licensed or certified as a registered nurse practitioner under the law of another state.

98. "Regular basis" means at recurring, fixed, or uniform intervals.

99. "Responsible party" means an individual or a group of individuals who:

a. Is assigned by a public school, charter school, or governmental agency; and

b. Has general oversight of the child care facility.

100. "Sanitize" means to use heat, chemical agents, or germicidal solutions to disinfect and reduce pathogen counts, including bacteria, viruses, mold, and fungi.

101. "School-age child" means a child who:

a. Meets one of the following:

i. Is five years old on or before January 1 of the current school year, or

ii. Is five years old on or before January 1 of the most recent school year; and

b. Meets one of the following:

i. Attends kindergarten or a higher level program in a public, charter, accommodation, or private school during the current school year;

ii. Attended kindergarten or a higher level program in a public, charter, accommodation, or private school during the most recent school year;

iii. Is home-schooled at a kindergarten or higher level during the current school year; or

iv. Was home-schooled at a kindergarten or higher level during the most recent school year.

102. "School-age child care" means child care services provided to a school-age child.

103. "School campus" means the contiguous grounds of a public, charter, accommodation, or private school, including the buildings, structures, and outdoor areas available for use by children attending the school.

104. "School governing board" has the same meaning as "governing board" in A.R.S. § 15-101.

105. "Screen time" means the use of electronic media to watch television or to watch a video, a DVD, or a movie at the facility or at another location or the use of electronic media or a computer for game-playing, entertainment, communication, or educational purposes.

106. "Semi-public pool" has the same meaning as "semipublic swimming pool" in A.A.C. R18-5-201.

107. "Service classification" means one of the following:

a. Full-day care;

b. Part-day care;

c. Evening and nighttime care;

d. Infant care;

e. One-year-old child care;

f. Two-year-old child care;

g. Three-year-old, four-year-old, and five-year-old child care;

h. School-age child care; or

i. Weekend care.

108. "Signatory" means an individual who is authorized by a school district governing board, school district superintendent, or governmental agency to sign a document on behalf of the school district governing board, school district superintendent, or governmental agency.

109. "Signed" means affixed with an individual's signature or with a symbol representing an individual's signature if the individual is unable to write the individual's name.

110. "Sippy cup" means a lidded drinking container that is designed to be leak proof or leak-resistant and from which a child drinks through a spout or straw.

111. "Space utilization" means the designated use of an area within a facility for specific child care services or activities.

112. "Staff" or "staff member" means the same as "child care personnel" as defined in A.R.S. § 36-883.02.

113. "Student-aide" means an individual less than 16 years of age who is participating in an educational, curriculum-based course of study; vocational education; or occupational development program and who, without being compensated by a licensee, is present at a facility to receive instruction from and supervision by staff in the provision of child care services.

114. "Substantive review time-frame" has the same meaning as in A.R.S. § 41-1072.

115. "Supervision" means:

a. For an enrolled child, knowledge of and accountability for the actions and whereabouts of the enrolled child, including the ability to see or hear the enrolled child at all times, to interact with the enrolled child, and to provide guidance to the enrolled child; or

b. For an individual other than an enrolled child, knowledge of and accountability for the actions and whereabouts of the individual, including the ability to see and hear the individual when the individual is in the presence of an enrolled child and the ability to intervene in the individual's actions to prevent harm to enrolled children.

116. "Swimming pool" has the same meaning as in A.A.C. R18-5-201.

117. "Teacher-caregiver" means a staff member responsible for developing, planning, and conducting child care activities.

118. "Teacher-caregiver-aide" means a staff member who provides child care services under the supervision of a teacher-caregiver.

119. "Training" means child care-related conferences, seminars, lectures, workshops, classes, courses, or instruction.

120. "Tummy time" means a limited period-of-time no more than 20 minutes used to allow a non-crawling infant:

i. To strengthen the infant's head, neck, and upper body muscles; and

ii. To increase the infant's sensory perception, visual and hearing acuity, and social and emotional interaction.

121. "Volunteer" means a staff member who, without compensation, provides child care services that are the responsibility of a licensee.

122. "Working day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a state holiday, federal holiday, or a statewide furlough day.

Ariz. Admin. Code § R9-5-101

Adopted effective December 12, 1986 (Supp. 86-6). Amended by adding a new paragraph (16) and renumbering accordingly effective July 7, 1988 (Supp. 88-3). Amended as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency amendments readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency amendments readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency expired. Emergency amendments readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency amendments readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency amendments permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1). Amended by final rulemaking at 13 A.A.R. 3492, effective December 1, 2007 (Supp. 07-4). Amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3429, effective 12/5/2018. Amended by final rulemaking at 26 A.A.R. 1256, effective 6/3/2020. Amended by final expedited rulemaking at 28 A.A.R. 1845, effective 7/7/2022.