1     
CHILD CARE LICENSING MODIFICATIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to child care licensing.
10     Highlighted Provisions:
11          This bill:
12          ▸     extends the time period within which the Department of Health may conduct an
13     investigation of a child care provider based on when the events in the complaint
14     occurred; 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          26-39-501, 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 26-39-501 is amended to read:
26          26-39-501. Investigations -- Records.
27          (1) The department may conduct investigations necessary to enforce the provisions of

28     this chapter.
29          (2) For purposes of this section:
30          (a) "Anonymous complainant" means a complainant for whom the department does not
31     have the minimum personal identifying information necessary, including the complainant's full
32     name, to attempt to communicate with the complainant after a complaint has been made.
33          (b) "Confidential complainant" means a complainant for whom the department has the
34     minimum personal identifying information necessary, including the complainant's full name, to
35     attempt to communicate with the complainant after a complaint has been made, but [who] the
36     complainant elects under Subsection (3)(c) not to be identified to the subject of the complaint.
37          (c) "Subject of the complaint" means the licensee or certificate holder about whom the
38     complainant is informing the department.
39          (3) (a) If the department receives a complaint about a child care program or an exempt
40     provider, the department shall:
41          (i) solicit information from the complainant to determine whether the complaint
42     suggests actions or conditions that could pose a serious risk to the safety or well-being of a
43     qualifying child;
44          (ii) as necessary:
45          (A) encourage the complainant to disclose the minimum personal identifying
46     information necessary, including the complainant's full name, for the department to attempt to
47     subsequently communicate with the complainant;
48          (B) inform the complainant that the department may not investigate an anonymous
49     complaint;
50          (C) inform the complainant that the identity of a confidential complainant may be
51     withheld from the subject of a complaint only as provided in Subsection (3)(c)(ii); and
52          (D) inform the complainant that the department may be limited in its use of
53     information provided by a confidential complainant, as provided in Subsection (3)(c)(ii)(B);
54     and
55          (iii) inform the complainant that a person is guilty of a class B misdemeanor under
56     Section 76-8-506 if the person gives false information to the department with the purpose of
57     inducing a change in that person's or another person's licensing or certification status.
58          (b) If the complainant elects to be an anonymous complainant, or if the complaint

59     concerns events which occurred more than [six weeks] one year before the complainant
60     contacted the department, the department:
61          (i) shall refer the information in the complaint to the Division of Child and Family
62     Services within the Department of Human Services, law enforcement, or any other appropriate
63     agency, if the complaint suggests actions or conditions which could pose a serious risk to the
64     safety or well-being of a child;
65          (ii) may not investigate or substantiate the complaint; and
66          (iii) may, during a regularly scheduled annual survey, inform the exempt provider,
67     licensee, or certificate holder that is the subject of the complaint of allegations or concerns
68     raised by:
69          (A) the anonymous complainant; or
70          (B) the complainant who reported events more than [six weeks] one year after the
71     events occurred.
72          (c) (i) If the complainant elects to be a confidential complainant, the department shall
73     determine whether the complainant wishes to remain a confidential complainant:
74          (A) only until the investigation of the complaint has been completed; or
75          (B) indefinitely.
76          (ii) (A) If the complainant elects to remain a confidential complainant only until the
77     investigation of the complaint has been completed, the department shall disclose the name of
78     the complainant to the subject of the complaint at the completion of the investigation, but no
79     sooner.
80          (B) If the complainant elects to remain a confidential complainant indefinitely, the
81     department:
82          (I) notwithstanding Subsection 63G-2-201(5)(b), may not disclose the name of the
83     complainant, including to the subject of the complaint; and
84          (II) may not use information provided by the complainant to substantiate an alleged
85     violation of state law or department rule unless the department independently corroborates the
86     information.
87          (4) (a) Prior to conducting an investigation of a child care program or an exempt
88     provider in response to a complaint, a department investigator shall review the complaint with
89     the investigator's supervisor.

90          (b) The investigator may only proceed with the investigation [only] if:
91          (i) the supervisor determines the complaint is credible;
92          (ii) the complaint is not from an anonymous complainant; and
93          (iii) prior to the investigation, the investigator [informs] provides the subject of the
94     complaint [of] with:
95          (A) except as provided in Subsection (3)(c), the name of the complainant; and
96          (B) except as provided in Subsection (4)(c), the substance of the complaint.
97          (c) An investigator is not required to inform the subject of a complaint of the substance
98     of the complaint prior to an investigation if doing so would jeopardize the investigation.
99     However, the investigator shall inform the subject of the complaint of the substance of the
100     complaint as soon as doing so will no longer jeopardize the investigation.
101          (5) If the department is unable to substantiate a complaint, any record related to the
102     complaint or the investigation of the complaint:
103          (a) shall be classified under Title 63G, Chapter 2, Government Records Access and
104     Management Act, as:
105          (i) a private or controlled record if appropriate under Section 63G-2-302 or 63G-2-304;
106     or
107          (ii) a protected record under Section 63G-2-305; and
108          (b) if disclosed in accordance with Subsection 63G-2-201(5)(b), may not identify an
109     individual child care program, exempt provider, licensee, certificate holder, or complainant.
110          (6) Any record of the department related to a complaint by an anonymous complainant
111     is a protected record under Title 63G, Chapter 2, Government Records Access and
112     Management Act, and, notwithstanding Subsection 63G-2-201(5)(b), may not be disclosed in a
113     manner that identifies an individual child care program, exempt provider, licensee, certificate
114     holder, or complainant.






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