February 18, 1998
Mr. Speaker:
The Health and Human Services Committee reports a favorable recommendation on 1st Sub. S.B. 26, UTAH CHILD CARE LICENSING ACT REVISIONS, by Senator L. Blackham, with the following amendments:
1. Page 1, Line 10: After line 10 insert:
" 26-39-104, as enacted by Chapters 127 and 196, Laws of Utah 1997"
2. Page 1, Line 25: After line 25 insert:
"Section 2. Section 26-39-104 is amended to read:
26-39-104
.
Duties of the department.
(1)
With regard to child care programs licensed
pursuant to this chapter, the department may:
(a)
make and enforce rules to implement the
provisions of this chapter and, as necessary to
protect children's common needs for a safe and
healthy environment, to provide for:
(i)
adequate facilities and equipment; and
(ii)
competent caregivers considering the age of
the children and the type of program offered by
the licensee;
(b)
make and enforce rules necessary to carry out the purposes of this chapter, in the following
areas:
(i)
requirements for applications, the
application process, and compliance with other
applicable statutes and rules;
(ii)
documentation and policies and procedures
that providers shall have in place in order to be
licensed, in accordance with Subsection (1)(a);
(iii)
categories, classifications, and duration of
initial and ongoing licenses;
(iv)
changes of ownership or name, changes in
licensure status, and changes in operational
status;
(v)
license expiration and renewal, contents,
and posting requirements;
(vi)
procedures for inspections, complaint
resolution, disciplinary actions, and other
procedural measures to encourage and assure
compliance with statute and rule; and
(vii)
guidelines necessary to assure consistency
and appropriateness in the regulation and
discipline of licensees; and
(c)
set and collect licensing and other fees in
accordance with Section
26-1-6
.
(2)
The department may not regulate
educational curricula, academic methods, or the
educational philosophy or approach of the
provider. The department shall allow for a
broad range of educational training and
academic background in certification or
qualification of child day care directors.
(3)
In licensing and regulating child care
programs, the department shall
reasonably balance the benefits and burdens of each
regulation and
, by rule, provide for a range of licensure, depending upon the needs and
different levels and types of child care provided.
The department shall prepare language for the
1998 General Session of the Legislature to
codify as much licensing regulation
implemented pursuant to this subsection as the
department determines to be practicable.
"
Renumber remaining sections of the bill accordingly.
3. Page 2, Line 22: Delete "and"
4. Page 2, Line 23: Delete ", by appointment, " and after "home" insert "within 90 days of sending an intent to inspect notice"
5. Page 2, Line 27: After "recommendations" insert:
"; and
(iii) for new providers, completion of:
(A) five hours of department-approved training;
and
(B) a department-approved CPR and first aid
course"
6. Page 2, Line 31: Delete "schedule a" and insert "make an unannounced"
7. Page 3, line 13: Delete line 13 and insert "(i) four or more children, based on the sum of: (a) children under
two years of age; and (b) the provider's own
children under five years of age; or"
Respectfully,
Nora B. Stephens
Committee Chair
Voting: 8-1-2
3 SB0026.HC1 bbushman/MDA RCL/ALH 10:19 AM