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First Substitute H.B. 113





Sponsor: Blake D. Chard

10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         26-1-30 (Effective 07/01/97), as last amended by Chapters 201 and 240, Laws of Utah 1996
13         26-38-2, as enacted by Chapter 281, Laws of Utah 1994
14         35A-8-203 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
15    1996
16         35A-8-205 (Effective 07/01/97), as renumbered and amended by Chapter 240 and amended by
17    Chapter 243, Laws of Utah 1996
18         53A-3-417, as last amended by Chapter 97, Laws of Utah 1992
19         58-56-11, as enacted by Chapter 269, Laws of Utah 1989
20         58-62-304, as enacted by Chapter 289, Laws of Utah 1994
21         62A-2-101, as last amended by Chapter 116, Laws of Utah 1992
22         62A-4a-413, as last amended by Chapter 109, Laws of Utah 1995
23    ENACTS:
24         26-39-101, Utah Code Annotated 1953
25         26-39-102, Utah Code Annotated 1953
26         26-39-103, Utah Code Annotated 1953
27         26-39-104, Utah Code Annotated 1953

1         26-39-105, Utah Code Annotated 1953
2         26-39-106, Utah Code Annotated 1953
3         26-39-107, Utah Code Annotated 1953
4         26-39-108, Utah Code Annotated 1953
5         26-39-109, Utah Code Annotated 1953
6         26-39-110, Utah Code Annotated 1953
7    Be it enacted by the Legislature of the state of Utah:
8        Section 1. Section 26-1-30 (Effective 07/01/97) is amended to read:
9         26-1-30(Effective 07/01/97). Powers and duties of department.
10        (1) The department shall:
11        (a) enter into cooperative agreements with the Department of Environmental Quality to
12    delineate specific responsibilities to assure that assessment and management of risk to human
13    health from the environment are properly administered; and
14        (b) consult with the Department of Environmental Quality and enter into cooperative
15    agreements, as needed, to ensure efficient use of resources and effective response to potential
16    health and safety threats from the environment, and to prevent gaps in protection from potential
17    risks from the environment to specific individuals or population groups.
18        (2) In addition to all other powers and duties of the department, it shall have and exercise
19    the following powers and duties:
20        (a) promote and protect the health and wellness of the people within the state;
21        (b) establish, maintain, and enforce rules necessary or desirable to carry out the provisions
22    and purposes of this title to promote and protect the public health or to prevent disease and illness;
23        (c) investigate and control the causes of epidemic, infectious, communicable, and other
24    diseases affecting the public health;
25        (d) provide for the detection, reporting, prevention, and control of communicable,
26    infectious, acute, chronic, or any other disease or health hazard that the department considers to
27    be dangerous, important, or likely to affect the public health;
28        (e) collect and report information on causes of injury, sickness, death, and disability and
29    the risk factors that contribute to the causes of injury, sickness, death, and disability within the
30    state;
31        (f) collect, prepare, publish, and disseminate information to inform the public concerning

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1    the health and wellness of the population, specific hazards, and risks that may affect the health and
2    wellness of the population and specific activities which may promote and protect the health and
3    wellness of the population;
4        (g) establish and operate programs necessary or desirable for the promotion or protection
5    of the public health and the control of disease or which may be necessary to ameliorate the major
6    causes of injury, sickness, death, and disability in the state, except that the programs shall not be
7    established if adequate programs exist in the private sector;
8        (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
9    exercise physical control over property and individuals as the department finds necessary for the
10    protection of the public health;
11        (i) close theaters, schools, and other public places and forbid gatherings of people when
12    necessary to protect the public health;
13        (j) abate nuisances when necessary to eliminate sources of filth and infectious and
14    communicable diseases affecting the public health;
15        (k) make necessary sanitary and health investigations and inspections in cooperation with
16    local health departments as to any matters affecting the public health;
17        (l) establish laboratory services necessary to support public health programs and medical
18    services in the state;
19        (m) establish and enforce standards for laboratory services which are provided by any
20    laboratory in the state when the purpose of the services is to protect the public health;
21        (n) cooperate with the Department of Workforce Services to conduct studies of
22    occupational health hazards and occupational diseases arising in and out of employment in
23    industry, and make recommendations for elimination or reduction of the hazards;
24        (o) cooperate with the local health departments, the Department of Corrections, the
25    Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
26    Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
27    victims of a sexual offense;
28        (p) investigate the cause of maternal and infant mortality;
29        (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
30    and drivers of motor vehicles killed in highway accidents be examined for the presence and
31    concentration of alcohol;

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1        (r) provide the commissioner of public safety with monthly statistics reflecting the results
2    of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
3    derived from the examinations is not used for a purpose other than the compilation of statistics
4    authorized in this subsection;
5        (s) establish qualifications for individuals permitted to draw blood pursuant to Section
6    41-6-44.10, and to issue permits to individuals it finds qualified, which permits may be terminated
7    or revoked by the department;
8        (t) establish a uniform public health program throughout the state which includes
9    continuous service, employment of qualified employees, and a basic program of disease control,
10    vital and health statistics, sanitation, public health nursing, and other preventive health programs
11    necessary or desirable for the protection of public health;
12        (u) adopt rules and enforce minimum sanitary standards for the operation and maintenance
13    of: orphanages; boarding homes; summer camps for children; lodging houses; hotels; restaurants
14    and all other places where food is handled for commercial purposes, sold, or served to the public;
15    tourist and trailer camps; service stations; public conveyances and stations; public and private
16    schools; factories; private sanatoria; barber shops; beauty shops; physicians' offices; dentists'
17    offices; workshops; industrial, labor, or construction camps; recreational resorts and camps;
18    swimming pools, public baths, and bathing beaches; state, county, or municipal institutions,
19    including hospitals and other buildings, centers, and places used for public gatherings; and of any
20    other facilities in public buildings and on public grounds;
21        (v) conduct health planning for the state;
22        (w) monitor the costs of health care in the state and foster price competition in the health
23    care delivery system;
24        (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
25    Chapter 21, Health Care Facility Licensure and Inspection Act;
26        (y) serve as the collecting agent, on behalf of the state, for the nursing facility assessment
27    fee imposed under Title 26, Chapter 35, and the temporary provider assessment imposed under
28    Chapter 36, and adopt rules for the enforcement and administration of the assessments consistent
29    with Chapters 35 and 36; [and]
30        (z) monitor and report to the Health Policy Commission created in Title 63C, Chapter 3,
31    on the development of managed health care plans in rural areas of the state, including the effect

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1    of the managed health care plans on costs, access, and availability of providers located in the rural
2    communities of the state[.]; and
3        (aa) license the provision of child care.
4        Section 2. Section 26-38-2 is amended to read:
5         26-38-2. Definitions.
6        As used in this chapter:
7        (1) "Place of public access" means any enclosed indoor place of business, commerce,
8    banking, financial service, or other service-related activity, whether publicly or privately owned
9    and whether operated for profit or not, to which persons not employed at the place of public access
10    have general and regular access or which the public uses, including:
11        (a) buildings, offices, shops, elevators, or restrooms;
12        (b) means of transportation or common carrier waiting rooms;
13        (c) restaurants, cafes, or cafeterias;
14        (d) taverns or cabarets;
15        (e) shopping malls, retail stores, grocery stores, or arcades;
16        (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,
17    auditoriums, or arenas;
18        (g) barber shops, hair salons, or laundromats;
19        (h) sports or fitness facilities;
20        (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast"
21    lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators,
22    restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
23        (j) any child care facility subject to licensure [by the Office of Licensing within the
24    Department of Human Services] under this title, including those operated in private homes, when
25    any child cared for under that license is present;
26        (k) public or private elementary or secondary school buildings and educational facilities
27    or the property on which those facilities are located, but adults may smoke in designated smoking
28    areas in private schools or educational facilities or on the grounds of private schools or facilities
29    during nonschool hours; and
30        (l) any area where the proprietor or manager of the area has posted a conspicuous sign
31    stating "no smoking", "thank you for not smoking", or similar statement.

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1        (2) "Private club" means a private club licensed under Title 32A, Chapter 5, Private Club
2    Liquor Licenses.
3        (3) "Publicly owned building or office" means any enclosed indoor place or portion of a
4    place owned, leased, or rented by any state, county, or municipal government, or by any agency
5    supported by appropriation of, or by contracts or grants from, funds derived from the collection
6    of federal, state, county, or municipal taxes.
7        (4) "Smoking" means the possession of any lighted tobacco product in any form.
8        Section 3. Section 26-39-101 is enacted to read:

10         26-39-101. Title.
11        This chapter is known as the "Utah Child Care Licensing Act."
12        Section 4. Section 26-39-102 is enacted to read:
13         26-39-102. Definitions.
14        As used in this chapter:
15        (1) "Child care" means continuous care and supervision of four or more children under 14
16    years of age, in lieu of care ordinarily provided by parents in their own home, for at least four but
17    less than 24 hours a day, for compensation.
18        (2) "Child care program" means a child care facility or program operated by a person
19    pursuant to a license issued in accordance with this chapter.
20        Section 5. Section 26-39-103 is enacted to read:
21         26-39-103. Child Care Licensing Advisory Committee.
22        (1) There is established the Child Care Licensing Advisory Committee to advise the
23    department on rules promulgated by the department pursuant to this chapter. It shall be composed
24    of nine members who shall be appointed by the executive director. Two members shall represent
25    consumers of child care programs licensed pursuant to this chapter, four members shall be
26    providers licensed pursuant to this chapter at least two of whom shall be facility owner-operators,
27    two members shall be health care providers, and one member shall be an individual with expertise
28    in early childhood development.
29        (2) Of the initial members of the Child Care Licensing Advisory Committee, the executive
30    director shall appoint three to four-year terms, two to three-year terms, and two to two-year terms.
31    Thereafter, appointments shall be for four-year terms, except for those members who have been

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1    appointed to complete an unexpired term. The committee shall annually elect a chairman from its
2    membership.
3        (3) The advisory committee shall meet at least quarterly, or more frequently as determined
4    by the executive director, the chairman, or three or more members of the committee. Five
5    members constitute a quorum and a vote of the majority of the members present constitutes an
6    action of the committee.
7        (4) Advisory committee members shall be reimbursed for their actual and necessary
8    expenses incurred in the performance of their duties as established by the director of the Division
9    of Finance, pursuant to Section 63A-3-107. Advisory committee members may decline
10    reimbursement.
11        Section 6. Section 26-39-104 is enacted to read:
12         26-39-104. Duties of the department.
13        (1) With regard to child care programs licensed pursuant to this chapter, the department
14    may:
15        (a) make and enforce rules to implement the provisions of this chapter and, as necessary
16    to protect children's common needs for a safe and healthy environment, provide for:
17        (i) adequate facilities and equipment;
18        (ii) a program of varied, age-appropriate activities as defined by the provider; and
19        (iii) competent caregivers for the age of the children and the type of program offered by
20    the licensee;
21        (b) make and enforce rules necessary to carry out the purposes of this chapter;
22        (c) collect and retain fees, as dedicated credits, for the review of architectural plans and
23    specifications of proposed child care facilities or renovations of child care facilities, to ensure that
24    the plans and specifications conform to rules established by the department; and
25        (d) set and collect licensing and other fees in accordance with Section 26-1-6.
26        (2) The department may not regulate educational curricula, academic methods, or the
27    educational philosophy or approach of the provider.
28        Section 7. Section 26-39-105 is enacted to read:
29         26-39-105. Licensure requirements -- Expiration -- Renewal.
30        (1) Unless otherwise exempted under this chapter, a person shall be licensed in accordance
31    with this chapter if he provides or offers child care.

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1        (2) The department may issue licenses for a period not exceeding 24 months to child care
2    providers who meet the requirements of this chapter and the department's rules governing child
3    care programs.
4        (3) A license issued under this chapter is not assignable or transferable.
5        Section 8. Section 26-39-106 is enacted to read:
6         26-39-106. Exclusions from chapter.
7        The provisions and requirements of this chapter do not apply to:
8        (1) a facility or program owned or operated by an agency of the United States government;
9        (2) group counseling provided by a certified social worker, clinical social worker,
10    professional counselor, marriage and family therapist, psychologist, or psychiatrist who is licensed
11    to practice in this state;
12        (3) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility
13    Licensure and Inspection Act;
14        (4) care provided to children by or in the homes of parents, legal guardians, grandparents,
15    brothers, sisters, uncles, or aunts; or
16        (5) care provided as part of a course of study at or the program of an educational institution
17    regulated by the boards of education of this state or by a parochial education or a parochial child
18    care institution.
19        Section 9. Section 26-39-107 is enacted to read:
20         26-39-107. Disqualified individuals -- Criminal history checks.
21        (1) (a) Each person requesting to be licensed or to renew a license under this chapter shall
22    submit to the department the name and other identifying information, which may include
23    fingerprints, of existing, new, and proposed:
24        (i) owners;
25        (ii) directors;
26        (iii) members of the governing body;
27        (iv) employees;
28        (v) provides of care; and
29        (vi) volunteers, except parents of children enrolled in the programs.
30        (b) The Department of Public Safety shall process that information to determine whether
31    the individual has been convicted of any crime.

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1        (2) An owner, director, member of the governing body, employee, provider of care, or
2    volunteer who has a felony conviction may not provide child care or operate a child care program
3    licensed by the department.
4        (3) An owner, director, member of the governing body, employee, or other provider of care
5    who has been convicted of a misdemeanor may not provide child care or operate a child care
6    program licensed by the department, except that:
7        (a) the department may, by rule, exclude specified misdemeanors that do not disqualify
8    an individual under this section; and
9        (b) the executive director may consider and approve individual cases in accordance with
10    criteria established by rule.
11        Section 10. Section 26-39-108 is enacted to read:
12         26-39-108. License violations -- Penalties.
13        (1) The department may deny or revoke a license and otherwise invoke disciplinary
14    penalties if it finds:
15        (a) evidence of committing or of aiding, abetting, or permitting the commission of any
16    illegal act on the premises of the child care facility;
17        (b) a failure to meet the qualifications for licensure; or
18        (c) conduct adverse to the public health, morals, welfare, and safety of children under its
19    care.
20        (2) The department may also place a department representative as a monitor in a facility,
21    and may assess the cost of that monitoring to the facility, until the licensee has remedied the
22    deficiencies that brought about the department action.
23        (3) The department may impose civil monetary penalties in accordance with Title 63,
24    Chapter 46b, Administrative Procedures Act, if there has been a failure to comply with the
25    provisions of this chapter, or rules promulgated pursuant to this chapter, as follows:
26        (a) if significant problems exist that are likely to lead to the harm of a child, the
27    department may impose a civil penalty of $50 to $1,000 per day; and
28        (b) if significant problems exist that result in actual harm to a child, the department may
29    impose a civil penalty of $1,050 to $5,000 per day.
30        Section 11. Section 26-39-109 is enacted to read:
31         26-39-109. Investigations.

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1        The department may conduct investigations necessary to enforce the provisions of this
2    chapter.
3        Section 12. Section 26-39-110 is enacted to read:
4         26-39-110. Offering or providing care in violation of chapter or rules a misdemeanor.
5        Notwithstanding the provisions of Title 26, Chapter 23, Enforcement Provisions and
6    Penalties, a person who provides or offers child care except as provided by this chapter is guilty
7    of a class A misdemeanor.
8        Section 13. Section 35A-8-203 (Effective 07/01/97) is amended to read:
9         35A-8-203 (Effective 07/01/97). Functions and duties of office.
10        The office shall:
11        (1) provide a central location for the collection and dissemination of information:
12        (a) to employers for the development of options for child day care in the work place; and
13        (b) for educating the public in obtaining quality child care;
14        (2) coordinate with the private and public sectors in creating a network of resource and
15    referral services for quality child day care training;
16        (3) apply for, accept, or expend gifts or donations from public or private sources;
17        (4) provide administrative support services to the committee;
18        (5) coordinate, plan, and evaluate the delivery of quality child day care and early
19    childhood development services in the state with the State Board of Education and the
20    Departments of [Human Services,] Community and Economic Development, and Health;
21        (6) recommend to the Legislature legislation that will further the purposes of the office and
22    child day care and early childhood programs; and
23        (7) provide planning and technical assistance for the development and implementation of
24    pilot programs in communities which lack child day care and early childhood programs.
25        Section 14. Section 35A-8-205 (Effective 07/01/97) is amended to read:
26         35A-8-205 (Effective 07/01/97). Creation of committee.
27        (1) There is created a Child Care Advisory Committee.
28        (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
29        (3) The committee shall be composed of [13] 12 members as follows:
30        (a) two experts in early childhood development appointed by the governor in accordance
31    with Subsection (4);

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1        (b) one day care provider appointed by the governor in accordance with Subsection (4);
2        (c) one parent of preschool or elementary school-aged children appointed by the governor
3    in accordance with Subsection (4);
4        [(d) one representative of the Department of Human Services;]
5        [(e)] (d) one representative of the State Office of Education;
6        [(f)] (e) one representative of the Department of Health;
7        [(g)] (f) one representative from the corporate community appointed by the governor in
8    accordance with Subsection (4);
9        [(h)] (g) one representative from the small business community appointed by the governor
10    in accordance with Subsection (4); and
11        [(i)] (h) four representatives from child care advocacy groups appointed by the governor
12    in accordance with Subsection (4).
13        (4) Of those members appointed by the governor under Subsection (3), no more than four
14    may be from the same political party.
15        (5) (a) Except as required by Subsection (b), as terms of current committee members
16    expire, the governor shall appoint each new member or reappointed member to a four-year term.
17        (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
18    appointment or reappointment, adjust the length of terms to ensure that the terms of committee
19    members are staggered so that approximately half of the committee is appointed every two years.
20        (6) When a vacancy occurs in the membership for any reason, the replacement shall be
21    appointed for the unexpired term.
22        (7) A majority of the members constitutes a quorum for the transaction of business.
23        (8) The governor shall select a chair from the committee membership. The chair's term
24    of office expires on April 1 of each year.
25        (9) (a) (i) Members who are not government employees shall receive no compensation or
26    benefits for their services, but may receive per diem and expenses incurred in the performance of
27    the member's official duties at the rates established by the Division of Finance under Sections
28    63A-3-106 and 63A-3-107.
29        (ii) Members may decline to receive per diem and expenses for their service.
30        (b) (i) State government officer and employee members who do not receive salary, per
31    diem, or expenses from their agency for their service may receive per diem and expenses incurred

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1    in the performance of their official duties from the committee at the rates established by the
2    Division of Finance under Sections 63A-3-106 and 63A-3-107.
3        (ii) State government officer and employee members may decline to receive per diem and
4    expenses for their service.
5        Section 15. Section 53A-3-417 is amended to read:
6         53A-3-417. Child care centers in public schools -- Requirements -- Availability --
7     Compliance with state and local laws.
8        (1) (a) Upon receiving a request from a community group such as a community council,
9    local PTA, or parent/student organization, a local school board may authorize the use of a part of
10    any school building in the district to provide child care services for school aged children.
11        (b) (i) The school board shall provide written public notice of its intent to authorize a child
12    care center.
13        (ii) The board shall file a copy of the notice with the Office of Child Care within the
14    Department of Community and Economic Development and the [Office of Licensing within the]
15    Department of [Human Services] Health.
16        (2) (a) Establishment of a child care center in a public school building is contingent upon
17    the local school board determining that the center will not interfere with the building's use for
18    regular school purposes.
19        (b) The board may authorize the use of part of a school building for a child care center
20    only if the school is in compliance with Section 53A-17a-142.
21        (c) The decision shall be made at the sole discretion of the school board.
22        (d) A school board may withdraw its approval to operate a child care center at any time
23    if it determines that such use interferes with the operation or interest of the school.
24        (e) The school district and its employees and agents are immune from any liability that
25    might otherwise result from a withdrawal of approval if the withdrawal was made in good faith.
26        (3) (a) The board shall charge a commercially reasonable fee for the use of a school
27    building as a child care center so that the district does not incur an expense.
28        (b) The fee shall include but not be limited to costs for utility, building maintenance, and
29    administrative services supplied by the school that are related to the operation of the child care
30    center.
31        (4) (a) Child care service may be provided by governmental agencies other than school

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1    districts, nonprofit community service groups, or private providers.
2        (b) If competitive proposals to provide child care services are submitted by the entities
3    listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
4    community service groups so long as their proposals are judged to be at least equal to the proposal
5    of the governmental agency.
6        (c) It is intended that these programs function at the local community level with minimal
7    state and district involvement.
8        (5) It is the intent of the Legislature that providers not be required to go through a complex
9    procedure in order to obtain approval for providing the service.
10        (6) (a) Child care centers within a public school building shall make their services
11    available to all children regardless of where the children reside.
12        (b) If space and resources are limited, first priority shall be given to those who reside
13    within the school boundaries where the center is located, and to the children of teachers and other
14    employees of the school where the child care center is located.
15        (c) Second priority shall be given to those who reside within the school district boundaries
16    where the center is located.
17        (7) (a) The school board shall require proof of liability insurance which is adequate in the
18    opinion of the school board for use of school property as a child care center.
19        (b) A school district participating in the state Risk Management Fund shall require the
20    provider of child care services to comply with the applicable provisions of Title 63A, Chapter [1]
21    4, Part [8] 1, Risk Manager.
22        (8) Child care centers established under this section shall operate in compliance with state
23    and local laws and regulations, including zoning and licensing requirements, and applicable school
24    rules.
25        (9) Except for Subsection (8), this section does not apply to child care centers established
26    by a school district within a public school building if the center offers child care services primarily
27    to children of employees or children of students of the school district.
28        Section 16. Section 58-56-11 is amended to read:
29         58-56-11. Standards for specialized buildings.
30        (1) This chapter shall not be implied to repeal or otherwise affect authorities granted to a
31    state agency to make or administer standards for specialized buildings, as provided in Title 26,

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1    Chapter 21, Title 26, Chapter 39, Title 62A, Chapter 2, and Title 64, Chapter 13, or authorities
2    granted to a state agency by statute to make or administer other special standards. In the event of
3    a conflict between such special standards and codes adopted pursuant to this chapter, the special
4    standards shall prevail.
5        (2) The provisions of this chapter do not apply to the administration of the statutes
6    described in Subsection (1).
7        Section 17. Section 58-62-304 is amended to read:
8         58-62-304. Exemptions from registration.
9        In addition to the exemptions from licensure under Section 58-1-307, the following
10    individuals may engage in acts or practices included in the practice of a health care assistant,
11    within the stated limitations, without being registered under this chapter:
12        (1) an individual providing gratuitous care for another individual;
13        (2) a volunteer, whether or not he receives token compensation other than salary or wages:
14        (a) in programs sponsored or authorized by federal Public Law 93-113; or
15        (b) at any regulated facility; and
16        (3) individuals providing:
17        (a) services generally considered independent living activities such as preparing meals,
18    shopping for personal items or groceries, managing money, using the telephone, performing
19    housekeeping, and other similar activities not involving direct personal assistance and care as the
20    division may define by rule; and
21        (b) child day care or "baby sitting," whether or not the services are subject to licensure
22    under Title [62A] 26, Chapter [2, Licensure of Programs and Facilities] 39; or
23        (4) an individual employed on an intermittent basis to provide a specified limited period
24    of care for an adult or child with disabilities needing regular daily care, in order to allow the
25    relative or other person who is the adult or child's regular and unpaid caretaker respite from his or
26    her caregiver duties regarding the adult or child.
27        Section 18. Section 62A-2-101 is amended to read:
28         62A-2-101. Definitions.
29        As used in this chapter:
30        (1) "Adult day care" means continuous care and supervision for three or more adults for
31    at least four but less than 24 hours a day, that meets the needs of functionally impaired adults

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1    through a comprehensive program that provides a variety of health, social, recreational, and related
2    support services in a protective setting.
3        [(2) (a) "Child day care" means continuous care and supervision for four or more children
4    under 14 years of age in lieu of care ordinarily provided by parents in their own home for at least
5    four but less than 24 hours a day and for a fee.]
6        [(b) "Child day care," for purposes of licensing under this chapter, does not mean care
7    provided to children by or in the homes of parents, legal guardians, grandparents, brothers, sisters,
8    uncles, or aunts, or as part of the program of an educational institution regulated by the boards of
9    education of this state or by a parochial education or a parochial child care institution.]
10        [(3)] (2) "Child placing" means receiving, accepting, or providing custody or care for any
11    child under 18 years of age, temporarily or permanently, for the purpose of:
12        (a) finding a person to adopt the child;
13        (b) placing the child temporarily or permanently in a home for adoption; or
14        (c) foster home placement.
15        [(4)] (3) "Comprehensive mental health treatment" means a community program which:
16        (a) makes mental health services available to persons of all ages who are experiencing an
17    emergency mental dysfunction; and
18        (b) provides at least the following continuum of services:
19        (i) inpatient;
20        (ii) residential support;
21        (iii) day treatment; and
22        (iv) outpatient treatment.
23        [(5)] (4) "Comprehensive substance abuse treatment" means a community program
24    operated by or under contract with a local substance abuse authority that provides at least the
25    following services:
26        (a) social detoxification;
27        (b) residential treatment;
28        (c) outpatient treatment;
29        (d) day treatment; and
30        (e) residential support.
31        [(6)] (5) "Day treatment" means specialized treatment for less than 24 hours a day for four

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1    or more persons who are unrelated to the owner or provider and who have emotional,
2    psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical
3    dependencies. Day treatment is provided in lieu of, or in coordination with, a more restrictive
4    residential or inpatient environment or service.
5        [(7)] (6) "Department" means the Department of Human Services.
6        [(8)] (7) "Director" means the director of the Office of Licensing.
7        [(9)] (8) "Domestic violence treatment program" means a nonresidential program designed
8    to provide psychological treatment and educational services to perpetrators and victims of
9    domestic violence.
10        [(10)] (9) "Driving under the influence-educational services" means an instructional
11    program for court-referred alcohol and drug offenders for ten or more hours.
12        [(11)] (10) "Executive director" means the executive director of the Department of Human
13    Services.
14        [(12)] (11) "Human services program" means a youth program or a facility or program that
15    provides secure treatment, inpatient treatment, residential treatment, residential support, adult [or
16    child] day care, day treatment, outpatient treatment, comprehensive mental health treatment,
17    comprehensive substance abuse treatment, domestic violence treatment, child placing services, or
18    driving under the influence-educational services.
19        [(13)] (12) "Inpatient treatment" means a 24-hour hospital-based, live-in treatment service
20    for persons with emotional, psychological, developmental, or behavioral dysfunctions,
21    impairments, or chemical dependencies, whose current functioning is such that they cannot live
22    independently or in a less restrictive environment. Inpatient treatment services may include, but
23    are not limited to, assessment, examinations, diagnosis, individual, group, and family counseling,
24    skills training, medication, or detoxification. Inpatient treatment services are provided by or under
25    the direction and supervision of a physician licensed to practice medicine in this state.
26        [(14)] (13) "Licensing committee" means the Human Services Licensing Committee.
27        [(15)] (14) "Office" means the Office of Licensing within the Department of Human
28    Services.
29        [(16)] (15) "Outpatient treatment" means individual, family, or group therapy or
30    counseling designed to improve and enhance social or psychological functioning for those whose
31    physical and emotional status allows them to continue functioning in their usual living

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1    environment.
2        [(17)] (16) "Residential support" means arranging for or providing the necessities of life
3    as a protective service to individuals or families who are disabled or who are experiencing a
4    dislocation or emergency which prevents them from providing these services for themselves or
5    their families. Treatment is not a necessary component of residential support.
6        [(18)] (17) "Residential treatment" means a 24-hour group living environment for four or
7    more individuals unrelated to the owner or provider that offers room or board and specialized
8    treatment, rehabilitation, or habilitation services for persons with emotional, psychological,
9    developmental, or behavioral dysfunctions, impairments, or chemical dependencies. In residential
10    treatment, individuals are assisted in acquiring the social and behavioral skills necessary for living
11    independently in the community.
12        [(19)] (18) "Secure treatment" means 24-hour specialized residential treatment or care for
13    persons whose current functioning is such that they cannot live independently or in a less
14    restrictive environment. Secure treatment differs from residential treatment to the extent that it
15    requires intensive supervision, locked doors, and other security measures which are imposed on
16    residents with neither their consent nor control.
17        [(20)] (19) "Social detoxification" means short-term residential services for persons who
18    are intoxicated, that are provided outside of a health care facility licensed under Title 26, Chapter
19    21, and that include:
20        (a) room and board for persons who are unrelated to the owner or manager of the facility;
21        (b) specialized rehabilitation to acquire sobriety; and
22        (c) aftercare services.
23        [(21)] (20) "Unrelated persons" means persons other than parents, legal guardians,
24    grandparents, brothers, sisters, uncles, or aunts.
25        [(22)] (21) "Youth program" means a nonresidential program designed to provide
26    behavioral, substance abuse, or mental health services to minors that:
27        (a) serves either adjudicated or nonadjudicated youth;
28        (b) charges a fee for its services;
29        (c) may or may not provide host homes or other arrangements for overnight
30    accommodation of the youth;
31        (d) may or may not provide all or part of its services in the outdoors;

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1        (e) may or may not limit or censor access to parents or guardians;
2        (f) prohibits or restricts a minor's ability to leave the program at any time of his own free
3    will; and
4        (g) will not apply to recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other
5    such organizations.
6        Section 19. Section 62A-4a-413 is amended to read:
7         62A-4a-413. Agencies and individuals providing services to children -- Felony or
8     misdemeanor conviction.
9        (1) (a) As of July 1, 1990, each public or private agency or individual licensed by the
10    department to provide [child care services,] child placing services, youth programs, substitute,
11    foster, or institutionalized care to children shall, in order to obtain or renew a license under Section
12    62A-2-108, submit to the department the name and other identifying information, which may
13    include fingerprints, of new and proposed:
14        (i) owners;
15        (ii) directors;
16        (iii) members of the governing body;
17        (iv) employees;
18        (v) providers of care; and
19        (vi) volunteers, except parents of children enrolled in the programs.
20        (b) The Law Enforcement and Technical Services Division of the Department of Public
21    Safety shall process that information to determine whether the individual has been convicted of
22    any crime.
23        (2) An owner, director, member of the governing body, employee, provider of care, or
24    volunteer who has a felony conviction may not provide [child care,] child placing services, foster
25    care, youth programs, substitute care, or institutionalized care for children in facilities or programs
26    licensed by the department.
27        (3) With regard to an owner, director, member of the governing body, employee, or
28    provider of care who has a misdemeanor conviction, the executive director has discretion to
29    determine whether or not that person may provide any [child care,] child placing, foster care, youth
30    programs, substitute care, or institutionalized care for children in a facility or program licensed by
31    the department.

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1        Section 20. Effective date.
2        This act takes effect on July 1, 1997.

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