Code of Colorado Regulations
1400 - Department of Early Childhood
1402 - Division of Early Learning, Licensing, and Administration
8 CCR 1402-1 - CHILD CARE FACILITY LICENSING RULES AND REGULATIONS
DROP-IN, PART DAY, MOBILE PART-DAY PRESCHOOL, TEEN PARENT PROGRAMS, AND CHILD CARE PROGRAMS AND PRESCHOOLS OPERATED BY PUBLIC SCHOOL DISTRICTS
Section 8 CCR 1402-1-2.304 - DEFINITIONS

Universal Citation: 1400 CO Code Regs 8 CCR 1402-1-2.304

Current through Register Vol. 47, No. 17, September 10, 2024

A. Definitions for family child care homes

1. "AAP" means the American Academy of Pediatrics.

2. "ASTM" means the American Society for Testing and Materials. ASTM is an organization that coordinates the development of voluntary industry standards that supplement mandatory standards such as information to the public on Standard Consumer Safety Specification on Toy Safety (ASTM F-963) and other voluntary standards that cover specific children's products.

3. "Accessible" means children being able to obtain equipment and materials without adult aid, may be age/development specific.

4. "Approved sleeping equipment" means equipment that is appropriate for the age of the child, is intended for sleep or rest, and allows the child freedom of movement in a safe and sanitary manner.

5. "Applicant 2" means an individual that resides in the family child care home and provides care regularly, in a recurring pattern. An Applicant 2 must have the same required training as the Primary Provider as specified in these "Rules Regulating Family Child Care Homes." Applicant 2 is legally liable for the business.

6. "Available" means materials or equipment that is not immediately accessible to children, but which may be introduced with adult aid.

7. "Blocked telephone" means a telephone that will not accept telephone calls when caller ID says "unavailable." This does not include telephones that require the caller to enter a ten digit telephone number from the telephone that is being called from or require the provider to have their name listed in a telephone directory.

8. "Child Care Health Consultant (CCHC)" means a medical professional who assists the program in meeting and exceeding basic health and safety standards. A child care health consultant must meet one of the following qualifications: a Licensed Registered Nurse with knowledge and experience in maternal and child health; a Pediatric Nurse Practitioner; a Family Nurse Practitioner; or, a Physician with knowledge and experience in pediatrics or maternal and child health.

9. "Choking hazard" means an item that presents the possibility of restriction or elimination of airflow into the lungs.

10. "CPR training" means cardiopulmonary resuscitation for adult, infant, and child.

11. "Clean" means to be free of visible dirt and debris or to remove dirt and debris by vacuuming or scrubbing and washing with soap and water.

12. "Complaint severity level" means the level of seriousness (zero to five) the Department assigns to a complaint reported against a family child care home based on the severity of the allegation(s). The severity level assigned determines the timeframe in which the allegation(s) must be investigated by the licensing specialist.

13. "Compromise" means to expose to possible loss or danger.

14. "Culturally sensitive" means to encourage, share and explore the differences and similarities of heritage, culture, language, race, and its effect on learning, values, and behavior.

15. "Corrective or controlling speech" means using speech to direct or influence authority over a child(ren) by the use of directive speech to change a behavior.

16. "Danger" means exposure to harm or injury.

17. "Decorative pond" means a small- or medium-sized artificially confined body of water. The pond can be decorated with large and small rocks, water lilies, pond plants, tadpole, fish, and have features such as lights, waterfalls and fast moving water.

18. "Department" means the Colorado Department of Early Childhood.

19. "Derogatory" means to belittle, diminish, and express criticism or a low opinion of.

20. "Developmentally appropriate" means to provide an environment where learning experiences are meaningful, relevant, and are based upon a child's individually identified strengths and weaknesses, interests, cultural background, family history and structure.

21. "Director" means an individual that has been evaluated and received a written letter that verifies that he/she meets the Colorado State Director qualification requirements for a large child care center.

22. "Discipline" means to punish in order to bring a child's behavior under control.

23. "Disinfect" means to eliminate most or all pathogenic microorganisms, with the exception of bacterial spores by using effective bactericidal heat or concentration of chemicals which are registered with the U.S. Environmental Protection Agency. This is generally accomplished in a child care setting by the use of liquid chemical solutions such as a mixture of household bleach and water.

24. "Early Childhood Mental Health Consultant" (ECMHC) means the same as "mental health consultant" in section 26.5-3-701(1), C.R.S.

25. "Early Childhood Mental Health Consultation services" means the provision of services that promote social and emotional development in children and transform children's challenging behaviors. This includes capacity building for providers and family members; directly observing and interacting with children and the care giving environment; and designing and modeling interventions that involve changes in the behaviors of family members and caregivers. It also includes collaboration with providers, employees, volunteers, and family members and caregivers who intervene directly with children in group care, early education and/or home settings.

26. "EQIT" means the Department approved Expanding Quality in Infant Toddler (EQIT) Care Course.

27. "Emergency" means a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action or a personal or family situation that is critical in nature, which requires the provider to take immediate action and leave the home to handle the emergency.

28. "Emergency Substitute" means an individual that is responsible for supervising children in the event of an emergency.

29. "Equally qualified provider" means an employee that has the same required trainings and qualifications as the primary provider as specified in these "Rules Regulating Family Child Care Homes."

30. "Extreme weather" means weather conditions that require unusual or immediate action to reduce exposure to harm or injury.

31. "Family Child Care Home" (FCCH) has the same meaning as set forth in section 26.5-5-303(7), C.R.S.

32. "Field trip" is a trip by children away from the family child care home. These field trips range from a few minutes during the day to a full day periodically throughout the year. Field trips are not intended to replace the regular indoor learning environment.

33. "Fire drill" means a drill in which the occupants of a building evacuate from the interior to the exterior of the building. Varying exits are used to know multiple ways out of a building in an emergency.

34. "First Aid training" means training in which a person reacts to injuries and performs simple emergency medical care procedures before emergency medical professionals are available as necessary.

35. "Flexibility" means the provider has the ready capability to adapt to new, different, or changing requirements of parent(s) or guardian(s) for child care.

36. "Frequently" means many times at short intervals.

37. "Guidance" means a way of teaching that empowers children to make decisions that are ethical, intelligent, and socially responsible.

38. "Guidance approach" means the use of guidance, distinct from discipline, to reduce the need for and resolve the occurrence of mistaken behavior in ways that are non-punitive.

39. "Harsh treatment" means treatment that is ungentle and unpleasant in action or effect, such as treatment that is unpleasantly severe, stern, or cruel.

40. "Health Care Plan" means the document contains written instructions about a specific health condition including when and how specific interventions are to be carried out in a school or child care setting. This document should be signed by the child's health care provider and parent. Health Care Plans can be collaboratively created by a Department-approved child care health consultant, the child's parents, health care provider and primary care provider. Health Care Plans are necessary for the care of children with chronic health care conditions such as asthma, seizure disorder, diabetes, or severe allergy. Health Care Plans may also guide the care of children with acute conditions that may need short-term special management in the group care setting such as a child returning to care with a cast, or after a surgical intervention.

41. "Health care provider" means a Licensed Physician, Physician's Assistant, and Nurse Practitioner registered or licensed with the Colorado Department of Regulatory Agencies' Division of Professions and Occupations.

42. "Home remedy" means a non-medical treatment to attempt to cure or treat an ailment with common household items or foods.

43. "If applicable" means if the rule should be applied depending on the circumstances of the situation.

44. "Immediately" means without delay or hesitation, without any interval of time.

45. "Inaccessible" means a child cannot reach, touch, or obtain the item.

46. "Infestation" means the presence of unwanted pests such as insects, rodents, bats, birds, or parasites at levels considered to pose either an economic or health threat.

47. "Interactive learning" means a method of learning through hands on activities that help a child gain knowledge and skills by connecting with information and experiences provided by the provider.

48. "Intoxicated" means that a person is under the influence of drugs or alcohol to the point that his/her actions and/or behavior presents an immediate danger to themself or others.

49. "Language development materials" means materials that focus on the development of listening and speaking skills, and contains experiences which familiarize children with pre-reading and pre-writing activities.

50. "Lead poisoning" means poisoning by a toxic metal that is found in and around homes, in lead-based paint, chipping paint, or lead dust from deteriorated paint. Lead may cause a range of health effects, from behavior problems and learning disabilities, to seizures and death.

51. "Lockdown drill" means a drill in which the occupants of a building are restricted to the interior of the building and the building is secured.

52. "Lost child" means a child that has been separated from the group outside of the supervision of the provider or assigned staff member or for whom the local authorities have been contacted.

53. "Mental Health Practitioner" means a mental health professional who offers services for the purpose of improving an individual's mental health or to treat mental illness.

54. "Nationally recognized" means to be known in the majority of businesses or residential areas of the United States and that may meet local or national accreditation standards.

55. "Negative licensing action" or "adverse action," has the same meaning as set forth in section 26.5-5-303(16), C.R.S.,

56. "Offered" means materials, equipment or activities, including meals which are presented as options but are not required or forced upon children.

57. "Operational status information" means if the family child care home is open, closed, or temporarily closed.

58. "Organic materials" means materials relating to, or derived from, living organisms.

59. "Pattern" means repeating an activity such as a sleep or meal routine at regular intervals.

60. "Periodically" means from time to time; a special event; or activity that occurs irregularly without an established pattern.

61. "Permanent climbing equipment" means climbing equipment installed that is stable, cannot be overturned or displaced, and cannot be moved or relocated to another area without assistance.

62. "Physical restraint" means the use of bodily, physical force to involuntarily limit an individual's freedom of movement; except that physical restraint does not include the holding of a child by one adult for the purposes of calming or comforting the child.

63. "Place of residence" means the place or abode where a person actually lives and provides child care.

64. "Potential threat" means the possible exposure to harm or injury.

65. "Prescriptive authority" means the legal right of a medical person to prescribe medications under Colorado law.

66. "Protective equipment" means the use of protective head equipment to protect a child riding on a scooter, bicycle, balance bike, skateboard, or rollerblades.

67. "Promptly" means without delay: very quickly or immediately.

68. "Primary provider" means the person that resides in the home and provides direct care, supervision and education to child(ren) in care at least sixty percent (60%) of the daily hours of operation of the family child care home.

69. "Psittacine birds" means all birds commonly known as parrots, cockatoos, cockatiels, macaws, parakeets, lovebirds, lories or lorikeets, and other birds of the order Psittaciformes. These birds may also be called or referred to as hookbills because the upper beak is turned downward.

70. "Punished" means to impose a penalty on a person. The causes for punishment may be for a behavioral fault, offense, or violation.

71. "Qualified Substitute" means a substitute provider that has all required trainings and qualifications as specified in these "Rules Regulating Family Child Care Homes."

72. "Regionally accredited" means colleges and universities which earn regional accreditation status by meeting acceptable levels of quality and performance. The accrediting bodies for higher education are Middle States Association of Colleges and Schools, Northwest Association of Colleges and Schools, North Central Association of College and Schools, New England Association of Colleges and Schools, Southern Association of Colleges and Schools, and Western Association of Colleges and Schools.

73. "Regular basis" means occurring with normal frequency or routine schedule.

74. "Relative" means any of the following relationships by blood, marriage, or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.

75. "Reside" means to be in a residence, to dwell permanently or continuously, or to occupy a place as one's legal domicile.

76. "Resilient surfacing" means a Department-approved material that is used beneath climbing equipment and is designed to protect a child who falls from the highest designated play surface on a piece of equipment to the resilient surfacing below. Department-approved resilient surfacing includes loose fill materials such as wood chips, wood mulch, engineered wood fiber, pea gravel, synthetic pea gravel, shredded rubber tires, and sand. Solid unitary materials include poured in place surfacing, approved rubber mats, playground tiles, and artificial turf with built in resilient pad.

77. "Restraint" means any method or device used to involuntarily limit freedom of movement including, but not limited to,, physical restraint, mechanical devices, or chemicals.

78. "Reverse evacuation drill" means a drill in which persons seek shelter and safety inside a building when said persons are outside the building and are faced with a threat, such as an armed individual, extreme weather, or a dangerous animal.

79. "Routine medications" means any prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is administered pursuant to section 26.5-5-325, C.R.S.

80. "Safe" means free of hazards posing danger of injury including, but not limited to, "keep out of reach" items, protrusions, broken items, areas of entrapment, strangulation or choking hazards, insufficient cushioning, poisonous chemicals, etc.

81. "Sanitary" means clean and not dangerous for your health, or protecting health by removing dirt and waste, especially human waste; the removal of dirt, and infection, so that places are clean and healthy for people to live in.

82. "Sanitized" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals, registered with the U.S. Environmental Protection Agency, for sufficient time to reduce the bacterial count, including pathogens, to a safe level.

83. "Satisfactory experience" means the adequate practical knowledge, skill or practice necessary.

84. "Serious" means an injury or illness of an urgent nature needing immediate emergency attention.

85. "Serving" means an amount of food or beverage that is appropriate to meet a child's nutritional and developmental needs.

86. "Severe weather drill" means a drill in which occupants of a building seek shelter appropriate to the severe weather threat, such as a blizzard, electrical storm, flood or tornado.

87. "Shelter-in-place drill" means a drill in which the occupants of a building seek shelter in the building from an external threat.

88. "Social-emotional development" means the development of self-awareness and self-regulation as reflected in the desire and growing ability to connect with others and the ability to experience, express and regulate a full range of emotions, to pay attention, make transitions from one activity to another, and cooperate in the context of relationships with others.

89. Soft bedding means, but is not limited to; any soft sleep surface like bumper pads, pillows, blankets, quilts, comforters, sleep positioning devices, sheepskins, blankets, flat sheets, cloth diapers, bibs, plush toys, pacifiers with stuffed animals attached, and stuffed animals..

90. "Special need" means a child may have mild learning disabilities or profound developmental disabilities of mental functioning and/or bodily movement; food allergies or terminal illness; developmental delays that catch up quickly or remain entrenched; occasional panic attacks or serious psychiatric problems.

91. "Staff aide" means an individual who assists the provider or equally qualified substitute in the care of children at a family child care home. A staff aide must never be allowed to supervise a child(ren) alone. The primary provider, applicant 2, equally qualified provider, or qualified substitute provider must always be present at all times when the staff aide is providing care for a child(ren).

92. "Staff Member" means a paid or unpaid individual, staff aide, and or substitute that care for or assists with the care of children.

93. "Standard precautions" means safe work practices to prevent exposure to blood and bodily fluids.

94. "Substitute" means a paid, volunteer or contract individual responsible for caring for the children in the capacity of the employee, staff aide, or staff member. The primary provider, applicant 2, equally qualified provider, or qualified substitute must always be present at all times when a substitute is providing care for children.

95. "Under the influence" means a person that has injected, inhaled, ingested, or otherwise taken any substance that impairs their ability to care for children.

96. "USDA" means the United States Department of Agriculture.

97. "Use zone" formerly known as "fall zone" is the area under and around equipment used for gross motor activities that a child either falling from or exiting the equipment is expected to land.

98. "Varying" means to be at different times or different days; to give variety to activities; to bear no resemblance to a prior activity.

99. "Verbal abuse" means abusive behavior involving the use of language that is demeaning and is intended to insult, manipulate, ridicule, or offend. Harmful acts and the use of harsh or coarse language often characterize it.

100. "Volunteer" means a person who performs a service willingly and without pay. The provider, applicant 2, equally qualified provider, or qualified substitute must always be present at all times when a volunteer is providing care for children.

101. "Written medication order" means a document for a specific medication for a specific child signed by the child's health care provider. This must be a person with prescriptive authority. The order must include the child's name, medication, dose, time, route, and for how long the medicine is to be given. Orders for children over two (2) years of age can only be valid for a period of up to one year, but may only be for a very brief duration of time as well. Children over two (2) may need written medication orders more frequently since the dosage of the medication will change with the child's weight. Written orders may also include information on the reason the medication is being given, potential side effects and any special instructions for administration.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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