Second Substitute 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; REQUIRING A
8 RANGE OF LICENSURE FOR CHILD DAY CARE; PROVIDING AN EFFECTIVE DATE;
9 AND PROVIDING A COORDINATION CLAUSE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 26-39-102, Utah Code Annotated 1953
13 26-39-104, Utah Code Annotated 1953
14 26-39-106, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 26-39-102 is enacted to read:
17 26-39-102. Definitions.
18 As used in this chapter:
19 (1) "Child care" means continuous care and supervision of four or more children under 14
20 years of age, in lieu of care ordinarily provided by parents in their own home, for less than 24
21 hours a day, for direct or indirect compensation.
22 (2) "Child care program" means a child care facility or program operated by a person
23 pursuant to a license issued in accordance with this chapter.
24 Section 2. Section 26-39-104 is enacted to read:
25 26-39-104. Duties of the department.
26 (1) With regard to child care programs licensed pursuant to this chapter, the department
27 may:

1 (a) make and enforce rules to implement the provisions of this chapter and, as necessary
2 to protect children's common needs for a safe and healthy environment, provide for:
3 (i) adequate facilities and equipment;
4 (ii) a program of varied, age-appropriate activities as defined by the provider; and
5 (iii) competent caregivers for the age of the children and the type of program offered by
6 the licensee;
7 (b) make and enforce rules necessary to carry out the purposes of this chapter, in the
8 following areas:
9 (i) requirements for applications, the application process, and compliance with other
10 applicable statutes and rules;
11 (ii) documentation and policies and procedures that providers shall have in place in order
12 to be licensed, in accordance with Subsection (1)(a);
13 (iii) categories, classifications, and duration of initial and ongoing licenses;
14 (iv) changes of ownership or name, changes in licensure status, and changes in operational
15 status;
16 (v) license expiration and renewal, contents, and posting requirements;
17 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
18 procedural measures to encourage and assure compliance with statute and rule; and
19 (vii) guidelines necessary to assure consistency and appropriateness in the regulation and
20 discipline of licensees;
21 (c) collect and retain fees, as dedicated credits, for the review of architectural plans and
22 specifications of proposed child care facilities or renovations of child care facilities, to ensure that
23 the plans and specifications conform to rules established by the department; and
24 (d) set and collect licensing and other fees in accordance with Section 26-1-6.
25 (2) The department may not regulate educational curricula, academic methods, or the
26 educational philosophy or approach of the provider. The department shall allow for a broad range
27 of educational training and academic background in certification or qualification of child day care
28 directors.
29 (3) In licensing and regulating child care programs, the department shall, by rule, provide
30 for a range of licensure, depending upon the needs and different levels and types of child care
31 provided. The department shall prepare language for the 1998 General Session of the Legislature

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1 to codify as much licensing regulation implemented pursuant to this subsection as the department
2 determines to be practicable.
3 Section 3. Section 26-39-106 is enacted to read:
4 26-39-106. Exclusions from chapter.
5 The provisions and requirements of this chapter do not apply to:
6 (1) a facility or program owned or operated by an agency of the United States government;
7 (2) group counseling provided by a mental health therapist, as defined in Section
8 58-60-102, who is licensed to practice in this state;
9 (3) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility
10 Licensure and Inspection Act;
11 (4) care provided to children by or in the homes of parents, legal guardians, grandparents,
12 brothers, sisters, uncles, or aunts;
13 (5) care provided to children, in the home of the provider, for less than four hours a day,
14 unless that child care directly affects or is related to a business licensed in this state; or
15 (6) care provided as part of a course of study at or a program administered by an
16 educational institution that is regulated by the boards of education of this state, a private education
17 institution that provides education in lieu of that provided by the public education system, or by
18 a parochial education institution.
19 Section 4. Effective date.
20 This act takes effect on July 1, 1997.
21 Section 5. Coordination clause.
22 If this bill and Sub. H.B. 113, Child Care Licensing Amendments, both pass, it is the intent
23 of the Legislature that Sections 26-39-102, 26-39-104, and 26-39-106 in this bill supersede those
24 same sections Sub. H.B. 113.

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