7 Alaska Admin. Code § 41.990

Current through May 31, 2024
Section 7 AAC 41.990 - Definitions
(a) In this chapter, unless the context requires otherwise,
(1) "adult" means an individual who is 18 years of age or older;
(2) "age group" means an age group described in 7 AAC 41,025(b);
(3) "approved provider" means a provider described in 7 AAC 41.201(d) who has been found eligible to participate in the child care assistance program;
(4) "approved in-home child care caregiver" means an in-home child care caregiver who is approved under 7 AAC 41.370(d);
(5) " ATAP" means the Alaska Temporary Assistance Program under AS 47.27;
(6) "attendance" means tire time during which a child is actually in the care of a provider,
(7) "attendance rate" means a full or part day rate for the actual time that a child is in care;
(8) "authorized" means contained in a child care authorization;
(9) "business day" means a day other than Saturday, Sunday, or a federal holiday;
(10) "category of care" means a classification of child care described in 7 AAC 41.025(b) and specified in a child care authorization;
(11) "child," when that term is used to refer to
(A) a child receiving child care services under this chapter, has the meaning given that term in AS 47.25.095;
(B) the children of a family, for purposes of determining family eligibility, means an individual younger than 18 years of age;
(12) "child care" has the meaning given "day care" in AS 47 .25 .095;
(13) "child care assistance pro-am" means the program described in 7 AAC 41.010;
(14) "child care authorization" means the written authorization regarding program assistance issued under 7 AAC 41.340;
(15) "clean" has the meaning given in 7 AAC 10.9990;
(16) "contaminate" or "contamination" has the meaning given in 7 AAC 10.9990;
(17) "contract" means an agreement between the department and a designee, under which the department provides money to the designee to carry out the program under AS 47.25.001-47.25.095 and this chapter;
(18) "CPR" means cardiopulmonary resuscitation;
(19) "day" means calendar day;
(20) "department" means the Department of Health and Social Services;
(21) "designee" means a municipality or other entity that has been designated by the department to assume one or more of the department's duties under this chapter;
(22) "easily cleanable" has the meaning given in 7 AAC 10.9990;
(23) "eligible cost of care" means the program rate set under 7 AAC 41.025 or the provider's charge for services, whichever is less;
(24) "eligible family" means a family that meets the requirements of this chapter for receiving program benefits;
(25) "eligible provider" means a licensed provider or an approved provider determined by the department or a designee to be eligible to participate in the program;
(26) "enrollment rate" means a rate based on a schedule of an estimated number of units of a care per month, regardless of the actual time a child is in care;
(27) "family" means a group described in 7 AAC 41,013;
(28) "food" has the meaning given in 7 AAC 10.9990;
(29) "grant" has the meaning given "contract" in this section;
(30) "handsink" means a lavatory
(A) equipped to provide hot and cold running water in a manner that meets the requirements of 7 AAC 41.220(c)(4)(H); and
(B) used solely for washing hands, face, arms, or other portions of the body;
(31) "homeless," with respect to a child or a family with one or more children, has the meaning given "homeless" with respect to a child under 42 U.S.C. 11434 a(2) (McKinney-Vento Homeless Assistance Act), revised as of December 10, 2015 and adopted by reference;
(32) "impervious bag" has the meaning given in 7 AAC 10.9990;
(33) "in care" means receiving care in a provider's facility;
(34) "in-home child care" means child care services provided in the child's own home by an approved in-home child care caregiver;
(35) "in-home child care caregiver" means an individual who provides child care services in the child's own home;
(36) "in loco parentis" means a person acting in place of a parent, such as a relative or friend who assumes parental duties and responsibilities, but without the formalities of legal guardianship or adoption;
(37) "licensed provider" means a provider licensed under AS 47.32 and 7 AAC 57;
(38) "month" means a calendar month;
(39) "monthly enrollment rate" means a rate based on a schedule of an estimated number of units of care per month;
(40) "municipality" has the meaning given in AS 01.10.060;
(41) "night shift" means employment requiring a minimum of six work and travel hours between 8:00 p.m. and 6:00 a.m.;
(42) "non-temporary," with respect to a period of time, means
(A) not having a limit specified; or
(B) having a limit that exceeds three months;
(43) "parent" means a
(A) parent by blood, marriage, or adoption;
(B) legal guardian of a child; or
(C) person standing in loco parentis;
(44) "participating family" means a family that the department has determined to be eligible to participate in the program and to whom the department has issued a current child care authorization;
(45) "participating provider" means a provider that the department has determined to be eligible to participate in the program and that is providing child care services under a child care authorization;
(46) "PASS" means Parents Achieving Self-Sufficiency;
(47) "pest" has the meaning given in 7 AAC 10.9990;
(48) "potable water" has the meaning given in 7 AAC 10.9990;
(49) "program" means the child care assistance program under AS 47.25.001-47.25.095 and this chapter;
(50) "provider" means
(A) a provider licensed under 7 AAC 57; for purposes of this subparagraph, "provider" has the meaning given "day care facility" under AS 47.25.095;
(B) a provider described in 7 AAC 41.200(a)(2), (3), and (4);
(C) an approved provider; and
(D) a family who has been approved to hire an in-home child care caregiver under 7 AAC 41.370;
(51) "registration fee" means a charge associated with the initial or annual enrollment of a child by a provider;
(52) "regularly provides care" means that a child is enrolled for regular care with a provider, regardless of whether that child receives full-time or part-time care;
(53) "relative" means a child who, by marriage, blood, or court decree, is the
(A) grandchild or great-grandchild of the provider;
(B) niece or nephew of the provider; or
(C) sibling of the provider if the provider lives in a separate residence;
(54) "sanitize" has the meaning given in 7 AAC 10.9990;
(55) "single-use" has the meaning given in 7 AAC 10.9990;
(56) "special needs," with respect to a child, means a child
(A) within the meaning of "child with a disability" under 20 U.S.C. 1401 (sec. 602, Individuals with Disabilities Education Act):
(B) who is eligible for early intervention services under 20 U.S.C. 1431- 1444 (part C, Individuals with Disabilities Education Act); or
(C) who is younger than 13 years of age and who is eligible for services under 29 U.S.C. 794 (sec. 504, Rehabilitation Act of 1973);
(57) "subcontract" means a binding legal agreement that provides for an organization or an individual other than the designee to carry out the administrative duties required by a grant or contract under this chapter;
(58) "toilet" has the meaning given in 7 AAC 10.9990;
(59) "unit of care" means a fixed duration of child care time in relation to a rate, such as part or full day rate, or part or full month enrollment rate;
(60) "work" means an activity described in 7 AAC 41.312;
(61) "work activities" has the meaning given in AS 47.27.900.
(62) "cessation of an eligible activity" means the ending of an eligible activity, to which the family will not return within their current eligibility period.
(b) In the definition of "developmental disability" in AS 47.25.095, "disability" means a condition attributable to one or more mental or physical impairments that are severe, chronic, and likely to continue indefinitely.

7 AAC 41.990

Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017; am 1/1/2023, Register 245, April 2023

Authority:AS 47.05.010

AS 47.25.001

AS 47.25.095