H.B. 263 Enrolled

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