The act of giving.
- Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008:
A law prohibiting discrimination on the basis of disability. See www.ada.gov.
A device for delivering an injection by an automatic system.
- Child Abuse
A situation in which there is reasonable cause to suspect that:
a child sustained or was at substantial risk of sustaining a serious or protracted impairment of physical or emotional health, or protracted loss of the function of any bodily organ or death.
that the parent or person legally responsible inflicted (or allowed to be inflicted) the injury, or created (or allowed to be created) a substantial risk of injury.
A parent or person legally responsible committed a sex offense against the child(ren) or allowed a sex offense to be committed against the child(ren) according to the penal law would also be considered child abuse.
- Child Care Facility System (CCFS)
The system of record for documenting information about child day care programs in New York State.
- Child Care Resource & Referral Agency (CCR&R)
An agency that provides a range of services to child day care providers and parents, including referrals and training. Most counties in New York State are served by a CCR&R. (Several contract agencies, referred to as “networks,” serve New York City.) CCR&Rs are partially funded through the Office of Children and Family Services.
- Child Day Care
A program defined in New York State Social Services Law (NYSSSL) §390. A child day care program subject to the Child Day Care Regulations is identified as one of the following modalities of care:
- Day care center (DCC)
- Family day care home (FDC)
- Group family day care home (GFDC)
- School-age child care program (SACC)
- Small day care center (SDCC)
Each modality of care is addressed by a specific part of the regulations. In general, regulated child day care has all of the following characteristics:
- Care on a regular basis
- Care away from the child’s residence
- Care for 3 or more children for more than 3 hours per day per child but less than 24 hours per day [School-age child care programs are not subject to the 3-hour daily minimum]
- Care provided by non-family members
- Child Maltreatment
A situation in which there is reasonable cause to suspect that:
a child’s physical, mental or emotional condition has been impaired, or is in imminent danger of becoming impaired;
the parent or other person legally responsible for the child failed to exercise a minimum degree of care under the circumstances in question;
it was the parent’s failure (or the failure of the other person legally responsible for the child) to exercise the requisite care which caused the impairment of, or threatened to impair, the child’s physical, mental or emotional condition.
- Child Protective Services (CPS)
A unit in each local Department of Social Services that receives and investigates reports of child abuse and maltreatment from the State Central Register of Child Abuse and Maltreatment.
- Children with Special Health Care Needs
Children with a chronic physical, developmental, behavioral or emotional condition expected to last 12 months or more that requires health and related services of a type or amount beyond that required by children generally.
A statement of alleged violation of regulation or statute pertaining to a licensed/registered or allegedly illegal child day care provider. A complaint must be comprised of one or more allegations of regulatory violations.
Adherence to regulatory and statutory requirements. This term is often used to describe a program (e.g., “in compliance,” “non-compliant” or “out of compliance”).
A close relation or connection. A relative within the third degree of consanguinity of the parent or step-parent includes: the grandparents of the child; the great-grandparents of the child; the great-great-grandparents of the child; the aunts and uncles of the child, including the spouses of the aunts and uncles; the great-aunts and great-uncles of the child, including the spouses of the great-aunts and great-uncles; the siblings of the child; and the first cousins of the child, including the spouses of the cousins.
- Day Care Center (DCC)
A modality of care defined in New York State Social Services Law §390 and subject to Part 418-1 of the New York State Child Day Care Regulations.
To perform physically or act out the steps to show understanding of safe medication principles.
- Department of Health and Mental Hygiene (DOHMH)
New York City agency responsible for the day-to-day licensing/registration activities for Family Day Care, Group Family Day Care and School-Age Child Care programs within the five boroughs of NYC. These activities are overseen by the Office of Children and Family Services Division of Child Care Services New York City Regional Office. DOHMH also licenses day care centers in the five boroughs of NYC, but day care centers in NYC are not overseen by OCFS DCCS.
- Developmentally Appropriate Practice (DAP)
Programming that provides children with opportunities to learn and practice newly acquired skills in ways that match the manner in which children develop and learn, as set forth by the National Association for the Education of Young Children (NAEYC). DAP is age-appropriate, individually appropriate, culturally appropriate and goal-oriented.
- Division of Child Care Services (DCCS)
The division of the New York State Office of Children and Family Services (OCFS) responsible for the administrative aspects of child day care through seven Regional Offices and a Home Office. In New York City, DCCS oversees the NYC Department of Health and Mental Hygiene’s performance of day-to-day licensing and registration activities for Family Day Care, Group Family Day Care and School-Age Child Care programs.
A key component of a provider’s evacuation plan, “egress” refers to the means for exiting a building. This term is defined in the NYS Uniform Fire Prevention and Building Code. Egress is addressed extensively in Office of Children and Family Services/Division of Child Care Services Policy Statement #07-1: Egress Issues in Family and Group Family Day Care Programs.
The comprehensive range of progressive activities undertaken or initiated by Office of Children and Family Services to make sure that child day care facilities operate in compliance with all applicable statutory and regulatory requirements. The Bureau of Day Care Enforcement (BDCE) provides extensive assistance to the Division of Child Care Services for all enforcement actions.
- Family Day Care Home (FDC)
A modality of care defined in New York State Social Services Law §390 and subject to Part 417 of the New York State Child Day Care Regulations.
- Fatality Inspection
Although a rare occurrence, the death of a child in day care requires a thorough and immediate inspection of the child day care program. This inspection looks not only at specific regulatory violations that may have led to the death of a child, but is also used to help determine whether the program is safe for the remaining children.
One of several enforcement actions that the Office of Children and Family Services (OCFS) may take to address noncompliant child day care programs. Fines may only be imposed after the provider is given an opportunity to challenge the Statement of Charges prepared by the Bureau of Day Care Enforcement in an administrative review, or as part of a settlement agreement between the provider and OCFS.
- Five Rights
The five pieces of information necessary to administer medication. The Five Rights are: medication, time, dose, route and child. Matching the Five Rights each time medication is given helps prevent medication errors.
- Group Family Day Care Home (GFDC)
A modality of care defined in New York State Social Services Law §390 and subject to Part 416 of the New York State Child Day Care Regulations.
- Health Care Consultant
A physician, physician assistant, nurse practitioner or registered nurse with a valid New York State license. The consultant is responsible for working closely with the child day care program to develop and implement a safe and realistic health care plan that includes the administration of medication in the program. See NYS Day Care Regulation 413.2(ak).
- Health Care Provider
A licensed physician, physician assistant or nurse practitioner with a valid New York State license. See NYS Day Care Regulation 413.2(q).
- Home Office
NYS Office of Children and Family Services Division of Child Care Services’ central office in Rensselaer, NY, focusing on the administrative aspects of child day care, enforcement and support for regional offices.
- Illegal Child Care Program/Provider
An illegal program is one that:
(a) meets the statutory definition of Family Day Care, Group Family Day Care, Day Care Center or School-Age Child Care;
(b) is not licensed or registered;
(c) is not legally exempt from licensure or registration.
Illegal child care programs are a violation of New York State Social Services Law §390.
- Imminent Danger
When a child is likely to be seriously harmed or injured unless intervening action is taken. Situations involving imminent danger must be addressed as soon as possible and no later than the next day of program operation.
An on-site examination of a child day care program. Typical inspection types include:
- 50% Sample
- Application – Renewal
- Change(s) to Site
- Fire Safety
- Lack of Training
- Medication Administration Error
- Serious Injury/Contagious Disease
- Independent Medication Administration
When a child carries his own medication, decides when a dose is needed and takes the dose without supervision. Independent medication administration is not permitted by regulation; independent medication administration may only occur if a program is approved by OCFS to administer medication and has an approved waiver from OCFS specifically allowing independent medication administration.
A child who is younger than eighteen (18) months of age. See NYS Day Care Regulation 413.2(s).
- Legally Exempt Child Care
Child care that is not required under New York State Social Services Law §390 to obtain a license or registration:
- Legally exempt family child care
- care for fewer than 3 children
- care for more than 2 children for 3 hours or less per day per child
- care provided by a relative within the third degree of consanguinity of the parent or step-parent of the child
- Legally exempt in-home care
- care furnished in the child(ren)’s own home by a caregiver selected and monitored by the child’s parent/caretaker
- examples: nanny, au pair
- Legally exempt group child care
- pre-K and nursery school programs operated by public school districts or academies, with such programs located on the schools’ premises;
- nursery schools and programs for preschool-age children operated by non-profit agencies or organizations or private proprietary organizations that provide services for 3 or fewer hours per day;
- summer day camps operated by non-profit agencies or organizations or private proprietary agencies in accordance with the State Sanitary Code;
- child care programs located on federal property and operated in compliance with applicable federal laws and regulations;
- child care programs located on tribal property and operated in compliance with applicable tribal laws and regulations; and
- school-age programs caring for not more than 6 children.
- Legally exempt family child care
- Log of Medication Administration
The Office of Children and Family Services-approved form that provides a written record for each medication given to a specific child.
- Mandated Reporter
An individual required by law to report suspected child abuse or maltreatment to the State Central Register of Child Abuse and Maltreatment (SCR). Mandated reporters are listed in New York State Social Services Law §413.
Medication Administration Training course.
Metered Dose Inhaler. A device used to deliver a precise dose of medication from a multi-dose container into the lungs.
Any non-food substance used to treat a disease or illness or used to prevent or cure health problems.
- Medication Administrant
A staff person who is listed in the child day care program’s approved health care plan as authorized to give medication in the program. This person must be at least 18 years old, have current CPR and first aid certificates covering the ages of the children in care and have a current Medication Administration Training certificate. Only medication administrants approved by the Office of Children and Family Services can give medication.
- Medication Administration
The complete process of giving medication, observing and reporting desired and undesired effects and reviewing each step to maximize benefit and reduce risk.
- Medication Administration Error
Any failure to administer medication to a child in accordance with a Medication Administration Training-certified provider’s Health Care Plan for that child. When a medication error is reported (either by the provider as an incident or by a parent or third party as a complaint), the regulator conducts an inspection to verify the provider’s compliance with regulatory requirements and to prevent subsequent errors. Since providers are required to report medication administration errors, any complaint made against a provider alleging a medication administration error would include an allegation of the provider’s failure to report the error.
- Medication Category
A type or common grouping of medication based on its purposes or general function. Medication falls into two main categories: brand name/generic and OTC/prescription/controlled substances.
- Medication Error
A mistake made in giving medication (e.g., giving the incorrect medication, giving medication at the incorrect time, giving the incorrect dose, using the incorrect route, giving medication to the incorrect child, giving an expired medication, forgetting to give medication or giving medication when the child’s Written Medication Consent Form or the medication is expired).
- Medication Label
The label on the pharmacy bottle or container that contains the information necessary to administer the medication safely.
- New York State Social Services Law (NYSSSL) §390
The statute defining and addressing child day care in New York State. The child day care regulations (Chapter 18 of the New York Codes, Rules and Regulations [18 NYCRR], Parts 413, 414, 416, 417, 418-1 and 418-2) are promulgated from (based on) this statute.
New York State
Office of Children and Family Services, the New York State agency responsible for the regulations governing the safety and well-being of children receiving child care in New York State.
pro re nata, Latin for “as needed.” PRN medication is given when a child shows specific symptoms.
- Reasonable Cause to Suspect
The belief that a child may have been abused or maltreated. Reasonable cause to suspect is more than a “gut feeling” but does not require proof. It may stem from observations of the child’s or parent’s/caretaker’s behavior or physical condition, or from statements made by the child or parent/caretaker. Any time a mandated reporter has reasonable cause to suspect child abuse or maltreatment, (s)he must call the State Central Register of Child Abuse and Maltreatment (SCR) to register a report. All child day care providers and staff are mandated reporters and are required by law to call the SCR when they have reasonable cause to suspect child abuse or maltreatment.
- Regional Office
The Office of Children and Family Services Division of Child Care Services maintains 7 regional offices throughout New York State. Regional office responsibilities include:
- issuing licenses to operate Group Family Day Care programs, as well as Day Care Center programs outside NYC
- issuing registrations to operate Family Day Care and School-Age Child Care programs
- providing technical assistance to programs
- monitoring licensed and registered programs to verify ongoing compliance with regulatory requirements
- investigating complaints, including on-site intervention, corrective action and referral for enforcement
A statement that requires or prohibits a specific action. Although regulations are not laws, they have the force of law and are promulgated from (based on) statute (in the case of child day care, New York State Social Services Law §390). While statutes establish the overall foundation and structure for an activity, regulations build on that foundation by establishing the rules that govern the day-to-day operation of child day care programs.
- School-Age Child Care (SACC)
A modality of care defined in New York State Social Services Law §390 and subject to Part 414 of the New York State Child Day Care Regulations.
- State Central Register of Child Abuse and Maltreatment (SCR)
The central repository for maintaining records of allegations and determinations of child abuse and maltreatment.
A law, which in New York State is enacted by the state legislature and signed into law by the governor. Often, when a regulatory requirement is based on a specific statute, that requirement is referred to as being “in statute.” With regard to child day care, statute typically refers to New York State Social Services Law §390, unless otherwise indicated.
- Technical Assistance
Any support or referral given to a provider by regulatory staff. In providing technical assistance, regulators can help providers avoid problems with regulatory compliance and locate effective resources for improving the quality of child care programs.
- Verbal Instructions/Permissions
Instructions received orally from a parent or guardian and/or the licensed authorized prescriber to administer medication. Providers can only accept verbal permissions and instructions in certain circumstances.
An approval from the Office of Children and Family Services that allows a child day care provider to meet the intent of a specific regulation in an alternate way that is not in compliance with the letter of the regulation. Regulatory requirements may be eligible for waiver; statutory requirements are not.
- Waiver Request
A written request from a day care program on an Office of Children and Family Services-approved form looking for approval to meet the intent of the regulations in a manner that is not specifically written in the regulations. The program cannot implement the waiver until the Office of Children and Family Services approves the waiver request.
- Written Permission/Instructions
Permission and instructions for administering medication written on the Office of Children and Family Services-approved Written Medication Consent Form or approved equivalent, completed by the child’s parent/guardian and/or health care provider.
- Written Medication Consent Form
The Office of Children and Family Services-approved form that provides written health care provider instructions and parental permission for each medication given to a specific child. There must be one form for each medication the child receives while in care.