H.B. 230

1

CHILD CARE PROVIDER AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Glenn A. Donnelson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Child Care Licensing Act.
10 Highlighted Provisions:
11 This bill:
12 . adds citizenship or legal resident status as a requirement for obtaining a residential
13 child care certificate.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 26-39-105.5, as last amended by Chapters 77, 103 and 317, Laws of Utah 2006
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 26-39-105.5 is amended to read:
24 26-39-105.5. Residential child care certificate.
25 (1) (a) A residential child care provider of five to eight children shall obtain a
26 Residential Child Care Certificate from the department unless Section 26-39-106 applies.
27 (b) The minimum qualifications for a Residential Child Care Certificate are:

28 (i) proof of the applicant being a citizen or legal resident of the United States;
29 [(i)] (ii) the submission of:
30 (A) an application in the form prescribed by the department;
31 (B) a certification and criminal background fee established in accordance with Section
32 26-1-6 ; and
33 (C) in accordance with Section 26-39-107 , identifying information for each adult
34 person and each juvenile age 12 through 17 years of age who resides in the provider's home:
35 (I) for processing by the Department of Public Safety to determine whether any such
36 person has been convicted of a crime;
37 (II) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
38 and
39 (III) to discover whether the person is listed in the Licensing Information System
40 described in Section 62A-4a-1006 ;
41 [(ii)] (iii) an initial and annual inspection of the provider's home within 90 days of
42 sending an intent to inspect notice to:
43 (A) check the immunization record of each child who receives child care in the
44 provider's home;
45 (B) identify serious sanitation, fire, and health hazards to children; and
46 (C) make appropriate recommendations; and
47 [(iii)] (iv) annual training consisting of ten hours of department-approved training as
48 specified by the department by administrative rule, including a current department-approved
49 CPR and first aid course.
50 (c) If a serious sanitation, fire, or health hazard has been found during an inspection
51 conducted pursuant to Subsection (1)(b)[(ii)](iii), the department shall require corrective action
52 for the serious hazards found and make an unannounced follow up inspection to determine
53 compliance.
54 (d) In addition to an inspection conducted pursuant to Subsection (1)(b)[(ii)](iii), the
55 department may inspect the home of a residential care provider of five to eight children in
56 response to a complaint of:
57 (i) child abuse or neglect;
58 (ii) serious health hazards in or around the provider's home; or

59 (iii) providing residential child care without the appropriate certificate or license.
60 (2) Notwithstanding this section:
61 (a) a license under Section 26-39-105 is required of a residential child care provider
62 who cares for nine or more children;
63 (b) a certified residential child care provider may not provide care to more than two
64 children under the age of two; and
65 (c) an inspection may be required of a residential child care provider in connection
66 with a federal child care program.
67 (3) With respect to residential child care, the department may only make and enforce
68 rules necessary to implement this section.




Legislative Review Note
as of 12-20-06 6:57 AM

Office of Legislative Research and General Counsel