• Current through October 23, 2012

As used in this chapter:

(1) The term "child" means an individual between the ages of birth and 15 years.

(2) The term "child development center" means a child development facility for more than 5 children which provides a full day (more than 4 but less than 24 hours per day), part day (up to 4 hours per day) or before and after school child development program, including such programs provided during school vacations.

(3) The term "child development home" means a private residence which provides a child development program for up to a total of 6 children with no more than 2 children younger than 2 years of age in the group. The total of 6 children shall not include those of the caregiver who are 6 years or older; provided, that the total number of children of the caregiver between the ages of 6 and 15 years shall not exceed 3, and of those 3 children, no more than 2 shall be age 10 years or younger. A child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, the term "related" means any of the following relationships by marriage, blood, or adoption: Grandparent, parent, brother, sister, step-sister, step-brother, uncle, or aunt.

(3A) The term "children of families who are at-risk" means children living in low-income working families with limited community and family resources or services available to them, such that they are at-risk of becoming dependent upon assistance from the TANF program.

(4) The term "Department" means the Executive Office of the Mayor or the Mayor's designee.

(5) The term "in-home care" means a child care program provided in a child's home by an in-home caregiver pursuant to § 4-411.

(5A) The term "TANF" means the Temporary Assistance for Needy Families as defined in § 4-201.01.

(6) The term "termination of employment" means loss of employment by a parent resulting from a reduction in force, or in the case of private employment, a layoff or reduction in personnel due to budgetary constraints of the employer.

(Sept. 19, 1979, D.C. Law 3-16, § 2, 26 DCR 20; Sept. 29, 1982, D.C. Law 4-163, § 2(a), 29 DCR 3974; Apr. 13, 1999, D.C. Law 12-216, § 2(a), 46 DCR 281; Aug. 16, 2008, D.C. Law 17-219, § 4006, 55 DCR 7598; Sept. 14, 2011, D.C. Law 19-21, § 4022, 58 DCR 6226.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 3-301.

1973 Ed., § 3-301.

Effect of Amendments

D.C. Law 17-219 rewrote par. (4), which had read as follows:

"(4) The term 'Department' means the District of Columbia Department of Human Services."

D.C. Law 19-21 rewrote par. (3), which formerly read:

"(3) The term 'child development home' means a private residence which provides a child development program for up to a total of 5 children with no more than 2 children younger than 2 years of age in the group. The total of 5 children shall not include those of the caregiver who are 6 years or older: Except, that the total number of children of the caregiver between the ages of 6 and 15 shall not exceed 3, and of those 3 children, no more than 2 shall be age 10 or younger. A child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, 'related' means any of the following relationships by marriage, blood, or adoption: Grandparent, brother, sister, step-sister, step-brother, uncle, and aunt."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(a) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).

Emergency Act Amendments

For temporary amendment of section, see § 2(a) of the Day Care Policy Emergency Amendment Act of 1997 (D.C. Act 12-207, December 15, 1997, 44 DCR 353).

Section 3 of D.C. Act 12-207 provided that the Mayor shall issue rules to implement the provision of the act.

For temporary amendment of section, see § 2(a) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(a) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).

For temporary provision relating to issuance of rules by the Mayor, see § 3 of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 3 of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).

For temporary (90 day) amendment of section, see § 4022 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

Legislative History of Laws

Law 3-16, the "Day Care Policy Act of 1979," was introduced in Council and assigned Bill No. 3-7, which was referred to the Committee on Human Resources. The Bill was adopted on first and second readings on May 22, 1979, and June 5, 1979, respectively. Signed by the Mayor on June 29, 1979, it was assigned Act No. 3-57 and transmitted to both Houses of Congress for its review.

Law 4-163, the "Day Care Policy Act of 1979 Amendment Act of 1982," was introduced in Council and assigned Bill No. 4-457, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 6, 1982, and July 20, 1982, respectively. Signed by the Mayor on July 29, 1982, it was assigned Act No. 4-237 and transmitted to both Houses of Congress for its review.

Law 12-216, the "Day Care Policy Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-328, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on October 6, 1998, and November 10, 1998, respectively. Signed by the Mayor on December 9, 1998, it was assigned Act No. 12-531 and transmitted to both Houses of Congress for its review. D.C. Law 12-216 became effective on April 13, 1999.

For Law 17-219, see notes following § 4-126.

For history of Law 19-21, see notes under § 4-204.07.

Transfer of Functions

The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.

Delegation of Authority

Appointment as Lead Agency and Delegation of Mayor's Authority to Administer the Day Care Policy Act of 1979 to the Office of the State Superintendent of Education, see Mayor's Order 2009-3, January 15, 2009 (56 DCR 2017).

Miscellaneous Notes

Short title: Section 4005 of D.C. Law 17-219 provided that subtitle C of title IV of the act may be cited as the "Childcare Funding Support Amendment Act of 2008".

Short title: Section 4021 of D.C. Law 19-21 provided that subtitle C of title IV of the act may be cited as "Day Care Policy Amendment Act of 2011".