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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
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.


1        Section 2. 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 3. 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 II from the department unless Section 26-39-106 applies.
15        (b) The qualifications for a Basic Residential 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; and
23        (ii) an initial and annual inspection, by appointment, of the provider's home 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.
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 schedule a 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:
13        (i) four or more children under two years of age; or
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 4. 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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