237A.1  Definitions.

As used in this chapter unless the context otherwise requires:

1.  "Administrator" means the administrator of the division of the department designated by the director to administer this chapter.

2.  "Child" means a person under eighteen years of age.

3.  "Child care" means the care, supervision, and guidance of a child by a person other than the child's parent, guardian, or custodian for periods of less than twenty-four hours per day per child on a regular basis, but does not include care, supervision, and guidance of a child by any of the following:

a.  An instructional program for children who are attending prekindergarten as defined by the state board of education under section 256.11 or a higher grade level and are at least four years of age administered by any of the following:

(1)  A public or nonpublic school system accredited by the department of education or the state board of regents.

(2)  A nonpublic school system which is not accredited by the department of education or the state board of regents.

b.  A program provided under section 279.49 or 280.3A.

c.  Any of the following church-related programs:

(1)  An instructional program.

(2)  A youth program other than a preschool, before or after school child care program, or other child care program.

(3)  A program providing care to children on church premises while the children's parents are attending church-related or church-sponsored activities on the church premises.

d.  Short-term classes of less than two weeks' duration held between school terms or during a break within a school term.

e.  A child care center for sick children operated as part of a pediatrics unit in a hospital licensed by the department of inspections and appeals pursuant to chapter 135B.

f.  A program operated not more than one day per week by volunteers which meets all of the following conditions:

(1)  Not more than eleven children are served per volunteer.

(2)  The program operates for less than four hours during any twenty-four-hour period.

(3)  The program is provided at no cost to the children's parent, guardian, or custodian.

g.  A program administered by a political subdivision of the state which is primarily for recreational or social purposes and is limited to children who are five years of age or older and attending school.

h.  An after school program continuously offered throughout the school year calendar to children who are at least five years of age and are enrolled in school, and attend the program intermittently. The program must be provided through a nominal membership fee or at no cost.

i.  A special activity program which meets less than four hours per day for the sole purpose of the special activity. Special activity programs include but are not limited to music or dance classes, organized athletic or sports programs, recreational classes, scouting programs, and hobby or craft clubs or classes.

j.  A nationally accredited camp.

k.  A structured program for the purpose of providing therapeutic, rehabilitative, or supervisory services to children under any of the following:

(1)  A purchase of service or managed care contract with the department.

(2)  A contract approved by a local decategorization governance board created under section 232.188.

(3)  An arrangement approved by a juvenile court order.

l.  Care provided on-site to children of parents residing in an emergency, homeless, or domestic violence shelter.

m.  A child care facility providing respite care to a licensed foster family home for a period of twenty-four hours or more to a child who is placed with that licensed foster family home.

4.  "Child care center" or "center" means a facility providing child care or preschool services for seven or more children, except when the facility is registered as a child care home.

5.  "Child care facility" or "facility" means a child care center, preschool, or a registered child care home.

6.  "Child care home" means a person or program providing child care as a family child care home or a group child care home as authorized under section 237A.3.

7.  "Children receiving care on a part-time basis" means children who are present in a child care home for ninety hours per month or less.

8.  "Department" means the department of human services.

9.  "Director" means the director of human services.

10. a.  "Family child care home" means a person or program which provides child care to less than seven children at any one time or to less than twelve children at any one time as authorized by section 237A.3, subsection 1.

b.  "Group child care home" means a facility providing child care for more than six but less than twelve children as authorized in accordance with section 237A.3, subsection 2, or for less than sixteen children at any one time as authorized in accordance with section 237A.3, subsection 3.

11.  "Infant" means a child who is less than twenty-four months of age.

12.  "Licensed center" means a center issued a full or provisional license by the department under the provisions of this chapter or a center for which a license is being processed.

13.  "Poverty level" means the poverty level defined by the most recently revised poverty income guidelines published by the United States department of health and human services.

14.  "Preschool" means a child care facility which provides to children ages three through five, for periods of time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, social skills, and motor skills, and to extend their interest and understanding of the world about them.

15.  "School" means kindergarten or a higher grade level.

16.  "State child care advisory council" means the state child care advisory council established pursuant to sections 237A.21 and 237A.22.

Section History: Early form

  [C75, 77, 79, 81, § 237A.1; 82 Acts, ch 1213, § 1-3]

Section History: Recent form

  83 Acts, ch 96, § 157, 159; 87 Acts, ch 115, § 34; 88 Acts, ch 1097, § 1; 89 Acts, ch 206, § 3; 90 Acts, ch 1005, § 1-3; 91 Acts, ch 151, § 1; 92 Acts, ch 1083, § 1; 92 Acts, ch 1109, § 1; 93 Acts, ch 54, §4; 93 Acts, ch 76, §8, 9; 94 Acts, ch 1129, §1; 94 Acts, ch 1175, §1; 97 Acts, ch 151, § 1; 99 Acts, ch 192, §1; 2000 Acts, ch 1067, §14; 2001 Acts, ch 105, §3, 4

Internal References

  Referred to in § 237.1, 237.3, 237A.2, 237A.3, 237A.3A, 237A.26

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