Title 49, Chapter 5, Section 3
As used in this article, the term:
(1) "Child-caring institution" means any institution, society,
agency, or facility, whether incorporated or not, which either
primarily or incidentally provides full-time care for children
under 17 years of age outside of their own homes, subject to such
exceptions as may be provided in rules and regulations of the
(2) "Child-placing agency" means any institution, society, agency,
or facility, whether incorporated or not, which places children in
foster homes for temporary care or for adoption.
(3) "Child welfare and youth services" means duties and functions
authorized or required by this article to be provided by the
department with respect to:
(A) Establishment and enforcement of standards for social
services and facilities for children and youths which supplement
or substitute for parental care and supervision for the purpose
of preventing or remedying or assisting in the solution of
problems which may result in neglect, abuse, exploitation, or
delinquency of children and youths;
(B) Protecting and caring for deprived children and youths;
(C) Protecting and promoting the welfare of children of working
(D) Providing social services to children and youths and their
parents and care for children and youths born out of wedlock and
(E) Promotion of coordination and cooperation among
organizations, agencies, and citizen groups in community
planning, organization, development, and implementation of such
(F) Otherwise protecting and promoting the welfare of children
and youths, including the strengthening of their homes where
possible or, where needed, the provision of adequate care of
children and youths away from their homes in foster family homes
or day-care or other child care facilities.
(4) "Day-care center" means any place operated by a person,
society, agency, corporation, institution, or group wherein are
received for pay for group care for fewer than 24 hours per day
without transfer of legal custody 19 or more children under 18
years of age.
(5) "Deprived child or youth" means any person so adjudged under
Chapter 11 of Title 15.
(8) "Family day-care home" means a private residence operated by
any person who receives therein for pay for supervision and care
fewer than 24 hours per day, without transfer of legal custody,
three but not more than six children under 18 years of age who are
not related to such person and whose parents or guardians are not
residents in the same private residence.
(9) "Group-care facility" means a place providing care for groups
of children and youths, other than a foster family home.
(9.1) "Group day-care home" means any place operated by any person
or group wherein are received for pay not less than seven nor more
than 18 children under 18 years of age for care and supervision
for less than 24 hours per day.
(10) "Homemaker service" means a service provided by a woman
selected for her skills in the care of children and home
management and placed in a home to help maintain and preserve the
family life during the absence or incapacity of the mother.
(11) "In loco parentis" means a quasi-parental relationship
inferred from and implied by the fact that a child or youth has
been taken into a family and treated like any other member
thereof, unless an express contract exists to the contrary.
(12) "Legal custody" means a legal status created by court order
embodying the following rights and responsibilities:
(A) The right to have the physical possession of the child or
(B) The right and the duty to protect, train, and discipline
(C) The responsibility to provide him with food, clothing,
shelter, education, and ordinary medical care; and
(D) The right to determine where and with whom he shall live,
provided that these rights and responsibilities shall be exercised
subject to the powers, rights, duties, and responsibilities of the
guardian of the person of the child or youth and subject to any
residual parental rights and responsibilities.
(13) "Maintenance" means all general expenses for care such as
board; shelter; clothing; medical, dental, and hospital care;
transportation; and other necessary or incidental expenses.
(14) "Maternity home" means any place in which any person,
society, agency, corporation, or facility receives, treats, or
cares for, within any six-month period, more than one pregnant
woman whose child is to be born out of wedlock, either before,
during, or within two weeks after childbirth. This definition
shall not include women who receive maternity care in the home of
a relative or in general or special hospitals, licensed according
to law, in which maternity treatment and care is part of the
medical services performed and the care of children is only brief
(15) "Probation" means a legal status created by court order
following adjudication in a delinquency case, whereby a child or
youth is permitted to remain in the community, subject to
supervision by the court or an agency designated by the court and
subject to being returned to court at any time during the period
(16) "Protective supervision" means a legal status created by
court order following adjudication in a deprivation case, whereby
a child's place of abode is not changed but assistance directed at
correcting the deprivation is provided through the court or an
agency designated by the court.
(17) "Shelter" or "shelter care" means temporary care in a
nonsecurity or open type of facility.