Section 9. The following words as used in this section and sections ten to sixteen, inclusive, shall, unless the context otherwise requires, have the following meanings:--
"Adoption'', the establishment of the legal relationship of parent and child in accordance with the provisions of chapter two hundred ten.
"Children with special needs'', children who, because of temporary or permanent disabilities arising from intellectual, sensory, emotional, physical, or environmental factors, or other specific learning disabilities are or would be unable to progress effectively in a regular school program.
"Day care center'', any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children not of common parentage under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Day care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.
"Family day care home'', any private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen in a family day care home shall not exceed six, including participating children living in the residence. Family day care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor.
"Family day care system'', any person who, through contractual arrangement, provides to family day care homes which it has approved as members of said system, central administrative functions including, but not limited to, training of operators of family day care homes; technical assistance and consultation to operators of family day care homes; inspection, supervision, monitoring, and evaluation of family day care homes; referral of children to available family day care homes; and referral of children to available health and social services; provided, however, that family day care system shall not mean a placement agency or a day care center.
"Family foster care'', substitute parental care in a family given in a private residence for up to six children under eighteen years of age on a regular, twenty-four-hour-a-day, residential basis by anyone other than a relative by blood or marriage; provided, however, that such care may be provided for more than six children in order to place siblings in the same residence.
"Group care facility'', any facility which provides care and custody for one or more children under eighteen years of age, on a regular, twenty-four hour a day, residential basis by anyone other than a relative by blood or marriage, notwithstanding the fact that such care may include educational instruction; provided, private schools shall be considered group care facilities only if such schools provide special services to children with special needs. Group care facility shall not mean family foster care, a hospital, ward or comprehensive center licensed under the provisions of section twenty-nine of chapter nineteen, a hospital, ward or comprehensive center operated by the commonwealth or any subdivision thereof, a hospital, institution for unwed mothers, convalescent or nursing home, rest home, or infirmary licensed under the provisions of chapter one hundred eleven, or any facility licensed under the provisions of section forty-four of chapter one hundred twenty-three. Group care facility shall not be limited to a facility defined as a group residence in section one of chapter one hundred and forty-three.
"Large family day care home'', a private residence which, on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs, and receives for temporary custody and care for a limited number of hours, children of school age in accordance with regulations promulgated by the office; provided, however, that the number of children under the age of sixteen in a large family day care home shall not exceed ten, including participating children living in the residence. A large family day care home shall have at least one approved assistant when the total number of children participating in such day care exceeds six. Large family day care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor.
"Office'', the office of child care services.
"Person'', any individual, partnership, corporation, association, organization or trust or any department, agency or institution of the federal government or of the commonwealth or any political subdivision thereof.
[ Definition of "Placement agency'' effective until November 27, 2007. For text effective November 27, 2007, see below.]
"Placement agency'', a department, agency or institution of the commonwealth, or any political subdivision thereof, or any organization incorporated under the laws of the commonwealth, one of whose principal purposes is providing custodial care and social services to children, which receives by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under 18 years of age, for placement in family foster care or a group care facility, or for adoption.
[ Definition of "Placement agency'' as amended by 2007, 105, Sec. 1 effective November 27, 2007. For text effective until November 27, 2007, see above.]
"Placement agency'', a department, agency or institution of the commonwealth, or any political subdivision thereof, or any organization incorporated under the laws of the commonwealth, one of the principal purposes of which is to provide custodial care and social services to children, which receives by agreement with a parent or guardian and under contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under 18 years of age for placement in family foster care or a group care facility. For the purposes of adoption placement, however, a "placement agency'' shall be a department, agency or institution of the commonwealth, or any political subdivision thereof, or any organization incorporated under chapter 180, one of the principal purposes of which is to provide custodial care and social services to children, which receives by agreement with a parent or guardian and under contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under the age of 18 years of age for placement in adoption.
"School age child care program'', any program or facility operated on a regular basis which provides supervised group care for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, or an older child who is not more than fourteen years of age, or sixteen years of age if such child has special needs. Such a program may operate before and after school and may also operate during school vacation and holidays. It provides a planned daily program of activities that is attended by children for specifically identified blocks of time during the week, usually over a period of weeks or months. A school age child care program shall not include: any program operated by a public school system; any part of a private, organized educational system, unless the services of such system are primarily limited to a school age day care program; a Sunday school or classes for religious instruction conducted by a religious organization where the children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home except as provided under large family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.
"Temporary shelter facility'', any facility which operates to receive children under eighteen years of age for temporary shelter during the day or night when such children request shelter therein, or when such children are placed there by a placement agency, a law enforcement agency, or a court with authority to make such placement. Temporary shelter facility shall not mean family foster care or a group care facility, a police station or a town lockup.