Terms Used In California Codes > Welfare and Institutions Code > Division 9 > Part 1.8 - Child Care and Development Services Act

• Advisory Council: means the Dispute Resolution Advisory Council. See California Business and Professions Code 466
• Allegation: something that someone says happened.
• Alternative methodology: means a cost-based ratesetting method, including a cost estimation model, on which to base payment rates pursuant to the requirements set forth in Section 98. See California Welfare and Institutions Code 10213.5
• Alternative payment program: means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 10225. See California Welfare and Institutions Code 10213.5
• Alternative payments: includes payments that are made by one childcare agency to another agency or childcare provider for the provision of childcare and development services, and payments that are made by an agency to a parent for the parent's purchase of childcare and development services. See California Welfare and Institutions Code 10213.5
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attendance: means the number of children present at a childcare and development facility. See California Welfare and Institutions Code 10213.5
• board: means the Public Employment Relations Board established pursuant to §. See California Welfare and Institutions Code 10421
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• California state preschool program: means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children. See California Welfare and Institutions Code 10213.5
• Capital outlay: means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies. See California Welfare and Institutions Code 10213.5
• Caregiver: means a person who provides direct care, supervision, and guidance to children in a childcare and development facility. See California Welfare and Institutions Code 10213.5
• Certified provider organization: means a provider organization that is certified by the Public Employment Relations Board as the representative of family child care providers in an appropriate unit after a proceeding under Section 10424. See California Welfare and Institutions Code 10421
• Childcare and development facility: means a residence or building or part thereof in which childcare and development services are provided. See California Welfare and Institutions Code 10213.5
• Childcare and development programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family childcare homes. See California Welfare and Institutions Code 10213.5
• Childcare and development services: means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. See California Welfare and Institutions Code 10213.5
• Children with exceptional needs: means either of the following:

  California Welfare and Institutions Code 10213.5

• City: includes city and county. See California Business and Professions Code 18
• Closedown costs: means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only. See California Welfare and Institutions Code 10213.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Cost: includes , but is not limited to, expenditures that are related to the operation of childcare and development programs. See California Welfare and Institutions Code 10213.5
• County: includes "city and county. See California Welfare and Institutions Code 14
• County: includes city and county. See California Business and Professions Code 17
• County: includes city and county. See California Water Code 14
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Direct service contract: means any contract with any public or private entity for child care and development programs, resource and referral programs, and programs contracting to provide support services as defined in Section 10213. See California Welfare and Institutions Code 10440
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispute resolution: includes , but is not limited to, mediation, conciliation, and arbitration. See California Business and Professions Code 466
• Dual language learner: means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English. See California Welfare and Institutions Code 10213.5
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• employees: shall be deemed to refer to a "provider" as defined in subdivision (b), any references to "employee organizations" shall be deemed to refer to "provider organizations" as defined in subdivision (d), any references to "exclusive representative" shall be deemed to refer to "certified provider organization" as defined in subdivision (a), and any references to "employer" shall be deemed to refer solely to the department, any other agency, department, contractor, subcontractor, or any political subdivision of the state administering a state-funded early care and education program. See California Welfare and Institutions Code 10421
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Executrix: The female counterpart of an executor. See also
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family childcare home education network: means an entity organized under law that contracts with the department pursuant to Section 10250 to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for state-subsidized childcare and development services. See California Welfare and Institutions Code 10213.5
• Fiduciary: A trustee, executor, or administrator.
• Financial and compliance audit: means a systematic review or appraisal to determine each of the following:

  California Welfare and Institutions Code 10440

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• full-time care: means care certified for a child for 25 or more hours per week. See California Welfare and Institutions Code 10213.5
• Generally accepted auditing standards: means the auditing standards set forth in the financial and compliance element of the "Government Auditing Standards" issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. See California Welfare and Institutions Code 10440
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health services: include , but are not limited to, all of the following:

  California Welfare and Institutions Code 10213.5

• highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
• Independent auditors: means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. See California Welfare and Institutions Code 10440
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intergenerational staff: means persons of various generations. See California Welfare and Institutions Code 10213.5
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Welfare and Institutions Code 10213.5
• maintenance: includes any of the following:

  California Streets and Highways Code 27

• Mediation: means an effort by an impartial third party to assist in reconciling a dispute regarding matters within the scope of representation between representatives of the Governor and the certified provider organization through interpretation, suggestion, and advice. See California Welfare and Institutions Code 10421
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Welfare and Institutions Code 10213.5
• part-time care: means care certified for a child for fewer than 25 hours per week. See California Welfare and Institutions Code 10213.5
• Personal property: All property that is not real property.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means an entity that provides dispute resolution. See California Business and Professions Code 466
• Program director: means a person who, pursuant to Sections 10242 and 10380. See California Welfare and Institutions Code 10213.5
• provider: means a child care provider who participates in a state-funded early care and education program as specified in subdivision (f) and is either of the following:

  California Welfare and Institutions Code 10421

• Provider organization: means an organization that has all of the following characteristics:

  California Welfare and Institutions Code 10421

• Public accountants: means certified public accountants, or state licensed public accountants. See California Welfare and Institutions Code 10440
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Resource and referral programs: means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. See California Welfare and Institutions Code 10213.5
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Site supervisor: means a person who, regardless of their title, has operational program responsibility for a childcare and development program at a single site. See California Welfare and Institutions Code 10213.5
• Standard reimbursement rate: means that rate established by the department pursuant to Section 10280. See California Welfare and Institutions Code 10213.5
• Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Welfare and Institutions Code 10213.5
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
• State-funded early care and education program: means a program administered by the department, another department or agency, or a political subdivision of the state, including programs established subsequent to the enactment of this chapter, to subsidize early learning and care for children, but does not include the public education system. See California Welfare and Institutions Code 10421
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• Support services: means those services that, when combined with childcare and development services, help promote the healthy physical, mental, social, and emotional growth of children. See California Welfare and Institutions Code 10213.5
• Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Welfare and Institutions Code 10213.5
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.
• Workday: means the time that the parent requires temporary care for a child for any of the following reasons:

  California Welfare and Institutions Code 10213.5

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.