§ 42-12.5-2. Definitions. As used in this chapter:

(1) "Administrator of licensing" means the director of the licensing unit (or his/her designee) that carries out the provisions of this chapter, hereafter referred to as the "administrator."

(2) "Applicant" means a child day care provider that applies for a license to operate.

(3) "Child" means any person less than eighteen (18) years of age.

(4) "Child day care" means daily care and/or supervision offered commercially to the public for any part of a twenty-four-hour (24) day to children away from their homes.

(5) "Child day care center" means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from the child's parent or guardian for any part of a twenty-four-hour (24) day irrespective of compensation. It shall include child day care programs that are offered to employees at the worksite. It does not include preschool programs operating in schools approved by the commissioner of elementary and secondary education.

(6) "Child day care provider" means a person or agency that offers daily care and/or supervision offered commercially to the public for any part of a twenty-four-hour (24) day to children away from their homes.

(7) "Department" means the department of human services (DHS).

(8) "Director" means the director of the department of human services, or the director's designee.

(9) "Family day care home" means any home, other than the child's home, in which child day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more children who are not relatives of the care giver.

(10) "Group family day care home" means a residence occupied by an individual of at least twenty-one (21) years of age who provides care for not less than nine (9) and not more than twelve (12) children, with the assistance of one or more approved adults, for any part of a twenty-four-hour (24) day. These programs shall be subject to yearly licensing as addressed in this chapter and shall comply with all applicable state and local fire, health, and zoning regulations.

(11) "Licensee" means any person, firm, corporation, association, or agency that holds a valid license under this chapter.

(12) "Regulation" means any requirement for licensure, promulgated pursuant to this chapter, having the force of law.

(13) "Related" means any of the following relationships, by marriage, blood or adoption, even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt, uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a defendant who relies for a defense upon the relationship of any child to him or herself, the defendant shall have the burden of proof as to the relationship.

History of Section. (P.L. 2019, ch. 88, art. 4, § 15.)