H.B. 124

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LICENSING OF DAY CARE FACILITIES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David M. Jones
5 AN ACT RELATING TO CHILD DAY CARE; REMOVING CERTAIN LICENSURE
6 EXEMPTIONS; LIMITING LICENSING AUTHORITY WITH REGARD TO
7 EDUCATIONAL CURRICULA AND THE TRAINING OF PROVIDERS; AND REQUIRING
8 A RANGE OF LICENSURE FOR CHILD DAY CARE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 62A-2-101, as last amended by Chapter 116, Laws of Utah 1992
12 62A-2-105, as last amended by Chapters 28 and 108, Laws of Utah 1995
13 This act enacts uncodified material.
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 62A-2-101 is amended to read:
16 62A-2-101. Definitions.
17 As used in this chapter:
18 (1) "Adult day care" means continuous care and supervision for three or more adults for
19 at least four but less than 24 hours a day, that meets the needs of functionally impaired adults
20 through a comprehensive program that provides a variety of health, social, recreational, and related
21 support services in a protective setting.
22 (2) (a) "Child day care" means continuous care and supervision for four or more children
23 under 14 years of age in lieu of care ordinarily provided by parents in their own home for [at least
24 four but] less than 24 hours a day and for [a fee] compensation that directly or indirectly affects
25 or is related to a business licensed in this state.
26 (b) "Child day care," for purposes of licensing under this chapter, does not mean care
27 provided to children by or in the homes of parents, legal guardians, grandparents, brothers, sisters,

1 uncles, or aunts, or as part of [the] a program [of] administered by an educational institution that
2 is regulated by the boards of education of this state, a private education institution that provides
3 education in lieu of that provided by the public education system, or by a parochial education [or
4 a parochial child care] institution.
5 (3) "Child placing" means receiving, accepting, or providing custody or care for any child
6 under 18 years of age, temporarily or permanently, for the purpose of:
7 (a) finding a person to adopt the child;
8 (b) placing the child temporarily or permanently in a home for adoption; or
9 (c) foster home placement.
10 (4) "Comprehensive mental health treatment" means a community program which:
11 (a) makes mental health services available to persons of all ages who are experiencing an
12 emergency mental dysfunction; and
13 (b) provides at least the following continuum of services:
14 (i) inpatient;
15 (ii) residential support;
16 (iii) day treatment; and
17 (iv) outpatient treatment.
18 (5) "Comprehensive substance abuse treatment" means a community program operated
19 by or under contract with a local substance abuse authority that provides at least the following
20 services:
21 (a) social detoxification;
22 (b) residential treatment;
23 (c) outpatient treatment;
24 (d) day treatment; and
25 (e) residential support.
26 (6) "Day treatment" means specialized treatment for less than 24 hours a day for four or
27 more persons who are unrelated to the owner or provider and who have emotional, psychological,
28 developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. Day
29 treatment is provided in lieu of, or in coordination with, a more restrictive residential or inpatient
30 environment or service.
31 (7) "Department" means the Department of Human Services.

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

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1 rehabilitation, or habilitation services for persons with emotional, psychological, developmental,
2 or behavioral dysfunctions, impairments, or chemical dependencies. In residential treatment,
3 individuals are assisted in acquiring the social and behavioral skills necessary for living
4 independently in the community.
5 (19) "Secure treatment" means 24-hour specialized residential treatment or care for
6 persons whose current functioning is such that they cannot live independently or in a less
7 restrictive environment. Secure treatment differs from residential treatment to the extent that it
8 requires intensive supervision, locked doors, and other security measures which are imposed on
9 residents with neither their consent nor control.
10 (20) "Social detoxification" means short-term residential services for persons who are
11 intoxicated, that are provided outside of a health care facility licensed under Title 26, Chapter 21,
12 Health Care Facility Licensure and Inspection Act, and that include:
13 (a) room and board for persons who are unrelated to the owner or manager of the facility;
14 (b) specialized rehabilitation to acquire sobriety; and
15 (c) aftercare services.
16 (21) "Unrelated persons" means persons other than parents, legal guardians, grandparents,
17 brothers, sisters, uncles, or aunts.
18 (22) "Youth program" means a nonresidential program designed to provide behavioral,
19 substance abuse, or mental health services to minors that:
20 (a) serves either adjudicated or nonadjudicated youth;
21 (b) charges a fee for its services;
22 (c) may or may not provide host homes or other arrangements for overnight
23 accommodation of the youth;
24 (d) may or may not provide all or part of its services in the outdoors;
25 (e) may or may not limit or censor access to parents or guardians;
26 (f) prohibits or restricts a minor's ability to leave the program at any time of his own free
27 will; and
28 (g) will not apply to recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other
29 such organizations.
30 Section 2. Section 62A-2-105 is amended to read:
31 62A-2-105. Licensing committee responsibilities.

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1 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2 licensing committee shall review and approve rules regarding:
3 (a) approving, denying, suspending, and revoking licenses for human service programs
4 and facilities;
5 (b) conditional licenses, variances, and exclusions;
6 (c) the protection of the basic health and safety of participants in human services
7 programs; and
8 (d) licensing of all human services programs that are required to be licensed under this
9 chapter.
10 (2) The licensing committee shall:
11 (a) define information that shall be submitted to the department with an application for a
12 license;
13 (b) review and approve fees, in accordance with Section 63-38-3.2, for licenses issued
14 under this chapter;
15 (c) represent the community and the human services program providers; and
16 (d) advise the department as requested, concerning enforcement of rules established under
17 this chapter.
18 (3) (a) With regard to child day care, the licensing committee may not attempt to regulate:
19 (i) educational curricula or academic methods; or
20 (ii) the educational philosophy or approach of the provider.
21 (b) The licensing committee shall allow for a broad range of educational training and
22 academic background in certification or qualification of child day care directors.
23 (c) Nothing in this section prohibits the licensing committee from requiring early
24 childhood training for child day care personnel, so long as that training is neutral with regard to
25 academic theory and educational philosophy.
26 Section 3. Licensure of child day care.
27 In licensing and regulating child day care under the provisions of Title 62A, Chapter 2,
28 Licensure of Programs and Facilities, the Office of Licencing within the Department of Human
29 Services shall, by rule, provide a range of licensure for child day care, depending upon the needs
30 and different levels and types of care provided.


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Legislative Review Note
as of 2-4-97 8:13 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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