H.B. 263

This document includes House Committee Amendments incorporated into the bill on Mon, Jan 23, 2006 at 11:34 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 7, 2006 at 11:47 AM by chopkin. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 28, 2006 at 3:40 PM by rday. --> 1

CHILD CARE REVISIONS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Gregg Buxton
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Child Care Licensing Act.
10 Highlighted Provisions:
11 This bill:
12 . amends the minimum qualifications for a residential child care certificate; and
13 . makes technical amendments.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 26-39-105, as last amended by Chapter 158, Laws of Utah 1998
21 26-39-105.5, as last amended by Chapter 283, Laws of Utah 2002
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 26-39-105 is amended to read:
25 26-39-105. Licensure requirements -- Expiration -- Renewal.
26 (1) Except as provided in [Sections 26-39-105.5 and] Section 26-39-106 , a person shall
27 be licensed or certified in accordance with this chapter if he:

28 (a) provides or offers child care; or
29 (b) provides care to children and requests to be licensed.
30 (2) The department may issue licenses for a period not exceeding 24 months to child
31 care providers who meet the requirements of this chapter and the department's rules governing
32 child care programs.
33 (3) A license issued under this chapter is not assignable or transferable.
34 Section 2. Section 26-39-105.5 is amended to read:
35 26-39-105.5. Residential child care certificate.
36 (1) (a) A residential child care provider of five to eight children shall obtain a
37 Residential Child Care Certificate from the department unless Section 26-39-106 applies.
38 (b) The minimum qualifications for a Residential Child Care Certificate are [limited
39 to]:
40 (i) the submission of:
41 (A) an application in the form prescribed by the department;
42 (B) a certification and criminal background fee established in accordance with Section
43 26-1-6 ; and
44 (C) identifying information described in Subsection 26-39-107 (1) for each adult person
45 who resides in the provider's home:
46 (I) for processing by the Department of Public Safety to determine whether any such
47 person has been convicted of a crime;
48 (II) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
49 and
50 (III) to discover whether the person is listed in the Licensing Information System
51 described in Section 62A-4a-116.2 [.];
52 (ii) an initial and annual inspection of the provider's home within 90 days of sending an
53 intent to inspect notice to:
54 (A) check the immunization record of each child who receives child care in the
55 provider's home;
56 (B) identify serious sanitation, fire, and health hazards to children; and
57 (C) make appropriate recommendations; and
58 (iii) [for new providers, completion] annual training consisting of S. [ : ] .S

59 S. [ (A) ] .S [five] ten hours of department-approved training H. as specified by the
59a department
59a by administrative rule .H S. [ ; and ] , including
60 [ (B) ] .S a current department-approved CPR and first aid course.
61 (c) If a serious sanitation, fire, or health hazard has been found during an inspection
62 conducted pursuant to Subsection (1)(b)(ii), the department [may, at the option of the
63 residential care provider] shall H. [ :
64 (i) ] .H require corrective action for the serious hazards found and make an unannounced
65 follow up inspection to determine compliance H. [ ; or
66 (ii) H. if the provider does not take corrective action, .H inform the parents of each
66a child in the care of the provider of the results of the
67 department's inspection and the failure of the provider to take corrective action ] .H .
68 (d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), the
69 department may inspect the home of a residential care provider of five to eight children in
70 response to a complaint of:
71 (i) child abuse or neglect;
72 (ii) serious health hazards in or around the provider's home; or
73 (iii) providing residential child care without the appropriate certificate or license.
74 (2) Notwithstanding this section:
75 (a) a license under Section 26-39-105 is required of a residential child care provider
76 who cares for nine or more children;
77 (b) a certified residential child care provider may not provide care to more than two
78 children under the age of two; and
79 (c) an inspection may be required of a residential child care provider in connection
80 with a federal child care program.
81 (3) With respect to residential child care, the department may only make and enforce
82 rules necessary to implement this section.




Legislative Review Note
as of 12-8-05 7:17 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel