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7 LONG TITLE
8 General Description:
9 This bill exempts child care programs administered by public education institutions
10 from requirements of the Utah Child Care Licensing Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ exempts child care programs administered by public education institutions from
14 requirements of the Utah Child Care Licensing Act; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 26-39-403, as last amended by Laws of Utah 2015, Chapter 220
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-39-403 is amended to read:
26 26-39-403. Exclusions from chapter -- Criminal background checks by an
27 excluded person.
28 (1) The provisions and requirements of this chapter do not apply to:
29 (a) a facility or program owned or operated by an agency of the United States
30 government;
31 (b) group counseling provided by a mental health therapist, as defined in Section
32 58-60-102, who is licensed to practice in this state;
33 (c) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility
34 Licensing and Inspection Act;
35 (d) care provided to qualifying children by or in the homes of parents, legal guardians,
36 grandparents, brothers, sisters, uncles, or aunts;
37 (e) care provided to qualifying children, in the home of the provider, for less than four
38 hours a day or on a sporadic basis, unless that child care directly affects or is related to a
39 business licensed in this state; [
40 (f) care provided at a residential support program that is licensed by the Department of
41 Human Services[
42 (g) care provided to qualifying children as part of a course of study at or a program
43 administered by an educational institution that is regulated by:
44 (i) the boards of education of this state;
45 (ii) a private education institution that provides education in lieu of that provided by
46 the public education system; or
47 (iii) a parochial education institution.
48 (2) The licensing and certification requirements of this chapter do not apply to:
49 [
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54 education, if the care is provided in connection with a course of study or program, relating to
55 the education or study of children, that is provided to students of the institution of higher
56 education;
57 [
58 other than the public school, if:
59 (i) the care is provided under contract with the public school or on school property; or
60 (ii) the public school accepts responsibility and oversight for the care provided by the
61 organization;
62 [
63 federal land pursuant to a federal permit; or
64 [
65 (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
66 Code;
67 (ii) is provided pursuant to a written agreement with:
68 (A) a municipality, as defined in Section 10-1-104, that provides oversight for the
69 program; or
70 (B) a county that provides oversight for the program; and
71 (iii) is provided to children who are over the age of four and under the age of 13.
72 (3) An exempt provider shall submit to the department:
73 (a) the information required under Subsections 26-39-404(1) and (2); and
74 (b) of the children receiving care from the exempt provider:
75 (i) the number of children who are less than two years old;
76 (ii) the number of children who are at least two years old and less than five years old;
77 and
78 (iii) the number of children who are five years old or older.
79 (4) An exempt provider shall post, in a conspicuous location near the entrance of the
80 exempt provider's facility, a notice prepared by the department that:
81 (a) states that the facility is exempt from licensure and certification; and
82 (b) provides the department's contact information for submitting a complaint.
83 (5) The department may not release the information it collects under Subsection (3)
84 except in an aggregate count of children receiving care from exempt providers, without
85 identifying a specific provider.
Legislative Review Note
Office of Legislative Research and General Counsel