First Substitute S.B. 26

Senator Leonard M. Blackham proposes to substitute the following bill:

1 UTAH CHILD CARE LICENSING ACT REVISIONS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 AN ACT RELATING TO HEALTH; REQUIRING RESIDENTIAL CHILD CARE PROVIDERS
6 OBTAIN A CERTIFICATE OR LICENSE IF CARE IS PROVIDED FOR FIVE OR MORE
7 CHILDREN.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 26-39-102, as enacted by Chapter 127, Laws of Utah 1997
10a h 26-39-104, as enacted by Chapters 127 and 196, Laws of Utah 1997 h
11 26-39-105, as enacted by Chapter 196, Laws of Utah 1997
12 26-39-106, as enacted by Chapters 127 and 196, Laws of Utah 1997
13 ENACTS:
14 26-39-105.5, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 26-39-102 is amended to read:
17 26-39-102. Definitions.
18 As used in this chapter:
19 (1) "Child" means the child of a person other than the provider of child care.
20 [(1)] (2) "Child care" means continuous care and supervision of [four] five or more
21 children under 14 years of age, in lieu of care ordinarily provided by parents in their own home,
22 for less than 24 hours a day, for direct or indirect compensation.
23 [(2)] (3) "Child care program" means a child care facility or program operated by a person
24 pursuant to a license issued in accordance with this chapter.
25 (4) "Residential child care" means child care provided in the home of a provider.

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25a h Section 2. Section 26-39-104 is amended to read:
25b 26-39-104. Duties of the department.
25c (1) With regard to child care programs licensed pursuant to this chapter, the department may:
25d (a) make and enforce rules to implement the provisions of this chapter and, as necessary to
25e protect children's common needs for a safe and healthy environment, to provide for:
25f (i) adequate facilities and equipment; and
25g (ii) competent caregivers considering the age of the children and the type of program offered by
25h the licensee;
25i (b) make and enforce rules necessary to carry out the purposes of this chapter, in the following
25j areas:
25k (i) requirements for applications, the application process, and compliance with other applicable
25l statutes and rules;
25m (ii) documentation and policies and procedures that providers shall have in place in order to be
25n licensed, in accordance with Subsection (1)(a);
25o (iii) categories, classifications, and duration of initial and ongoing licenses;
25p (iv) changes of ownership or name, changes in licensure status, and changes in operational
25q status;
25r (v) license expiration and renewal, contents, and posting requirements;
25s (vi) procedures for inspections, complaint resolution, disciplinary actions, and other procedural
25t measures to encourage and assure compliance with statute and rule; and
25u (vii) guidelines necessary to assure consistency and appropriateness in the regulation and
25v discipline of licensees; and
25w (c) set and collect licensing and other fees in accordance with Section 26-1-6.
25x (2) The department may not regulate educational curricula, academic methods, or the
25y educational philosophy or approach of the provider. The department shall allow for a broad range of
25z educational training and academic background in certification or qualification of child day care
25aa directors.
25ab (3) In licensing and regulating child care programs, the department shall REASONABLY
25ac BALANCE THE BENEFITS AND BURDENS OF EACH REGULATION AND, by rule, provide for a range of
25ad licensure, depending upon the needs and different levels and types of child care provided. The
25ae department shall prepare language for the 1998 General Session of the Legislature to codify as much
25af licensing regulation implemented pursuant to this subsection as the department determines to be
25ag practicable. h
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1 Section h [ 2 ] 3 h . Section 26-39-105 is amended to read:
2 26-39-105. Licensure requirements -- Expiration -- Renewal.
3 (1) [Unless otherwise exempted under this chapter] Except as provided in Sections
4 26-39-105.5 and 26-39-106, a person shall be licensed in accordance with this chapter if he:
5 (a) provides or offers child care; or
6 (b) provides care to children and requests to be licensed.
7 (2) The department may issue licenses for a period not exceeding 24 months to child care
8 providers who meet the requirements of this chapter and the department's rules governing child
9 care programs.
10 (3) A license issued under this chapter is not assignable or transferable.
11 Section h [ 3 ] 4 h . Section 26-39-105.5 is enacted to read:
12 26-39-105.5. Residential child care certificates.
13 (1) (a) A residential child care provider of five to eight children shall obtain a Residential
14 Child Care Certificate h [ II ] h from the department unless Section 26-39-106 applies.
15 (b) The qualifications for a h [ Basic ] h Residential h CHILD h Care Certificate are limited to:
16 (i) the submission of:
17 (A) an application on a form prepared by the department;
18 (B) a certification and criminal background fee established in accordance with Section
19 26-1-6;
20 (C) identifying information described in Subsection 26-39-107(1) for each adult person
21 who resides in the provider's home for processing by the Department of Public Safety to determine
22 whether any such person has been convicted of a crime; h [ and ] h
23 (ii) an initial and annual inspection h [ , by appointment, ] h of the provider's home
23a h WITHIN 90 DAYS OF SENDING AN INTENT TO INSPECT NOTICE h to:
24 (A) check the immunization record of each child who receives child care in the provider's
25 home;
26 (B) identify serious sanitation, fire, and health hazards to children; and
27 (C) make appropriate recommendations h h [ ; AND
27a (iii) FOR NEW PROVIDERS, COMPLETION OF:
27b (A) FIVE HOURS OF DEPARTMENT-APPROVED TRAINING; AND
27c (B) A DEPARTMENT-APPROVED CPR AND FIRST AID COURSE] h h .
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28 (c) If a serious sanitation, fire, or health hazard has been found during an inspection
29 conducted pursuant to Subsection (1)(b)(ii), the department may, at the option of the residential
30 care provider:
31 (i) require corrective action for the serious hazards found and h [ schedule a ] MAKE AN
31a UNANNOUNCED h follow up

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1 inspection to determine compliance; or
2 (ii) inform the parents of each child in the care of the provider of the results of the
3 department's inspection and the failure of the provider to take corrective action.
4 (d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), the department
5 may inspect the home of a residential care provider of five to eight children in response to a
6 complaint of:
7 (i) child abuse or neglect;
8 (ii) serious health hazards in or around the provider's home; or
9 (iii) providing residential child care without the appropriate certificate or license.
10 (2) Notwithstanding this section:
11 (a) a license under Section 26-39-105 is required of a residential child care provider who
12 cares for h [ : ] NINE OR MORE CHILDREN; h
13 h h[[] (i) four or more children under two years of age; or []]
13a [ (i) FOUR OR MORE CHILDREN, BASED ON THE SUM OF:
13b (a) CHILDREN UNDER TWO YEARS
13c OF AGE; AND
13d (b) THE PROVIDER'S OWN CHILDREN UNDER FIVE YEARS OF AGE; OR h] h
14 (ii) nine or more children; and
15 (b) an inspection may be required of a residential child care provider in connection with
16 a federal child care program..
17 (3) With respect to residential child care, the department may only make and enforce rules
18 necessary to implement this section.
19 Section h [ 4 ] 5 h . Section 26-39-106 is amended to read:
20 26-39-106. Exclusions from chapter.
21 The provisions and requirements of this chapter do not apply to:
22 (1) a facility or program owned or operated by an agency of the United States government;
23 (2) group counseling provided by a mental health therapist, as defined in Section
24 58-60-102, who is licensed to practice in this state;
25 (3) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility
26 Licensure and Inspection Act;
27 (4) care provided to children by or in the homes of parents, legal guardians, grandparents,
28 brothers, sisters, uncles, or aunts;
29 (5) care provided to children, in the home of the provider, for less than four hours a day
30 or on a sporadic basis, unless that child care directly affects or is related to a business licensed [in]
31 this state; or

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1 (6) care provided as part of a course of study at or a program administered by an
2 educational institution that is regulated by the boards of education of this state, a private education
3 institution that provides education in lieu of that provided by the public education system, or by
4 a parochial education institution.

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