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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to child care licensing.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the department's licensing authority related to child care; and
13 ▸ makes technical changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides a coordination clause.
18 Utah Code Sections Affected:
19 AMENDS:
20 26-10-10, as enacted by Laws of Utah 2013, Chapter 45
21 26-39-301, as last amended by Laws of Utah 2016, Chapter 74
22 26-39-404, as last amended by Laws of Utah 2017, Chapter 366
23 Utah Code Sections Affected by Coordination Clause:
24 26-10-10, as enacted by Laws of Utah 2013, Chapter 45
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 26-10-10 is amended to read:
28 26-10-10. Cytomegalovirus (CMV) public education and testing.
29 (1) As used in this section "CMV" means cytomegalovirus.
30 (2) The department shall establish and conduct a public education program to inform
31 pregnant women and women who may become pregnant regarding:
32 (a) the incidence of CMV;
33 (b) the transmission of CMV to pregnant women and women who may become
34 pregnant;
35 (c) birth defects caused by congenital CMV;
36 (d) methods of diagnosing congenital CMV; and
37 (e) available preventative measures.
38 (3) The department shall provide the information described in Subsection (2) to:
39 (a) child care programs licensed under Title 26, Chapter 39, Utah Child Care Licensing
40 Act, and their employees;
41 (b) a person described in Subsection 26-39-403(1)(c)[
42 Subsections 26-39-403(2)(a), (b), (c), (e), and (f);
43 (c) a person serving as a school nurse under Section 53A-11-204;
44 (d) a person offering health education in a school district;
45 (e) health care providers offering care to pregnant women and infants; and
46 (f) religious, ecclesiastical, or denominational organizations offering children's
47 programs as a part of worship services.
48 (4) If a newborn infant fails the newborn hearing screening test(s) under Subsection
49 26-10-6(1), a medical practitioner shall:
50 (a) test the newborn infant for CMV before the newborn is 21 days of age, unless a
51 parent of the newborn infant objects; and
52 (b) provide to the parents of the newborn infant information regarding:
53 (i) birth defects caused by congenital CMV; and
54 (ii) available methods of treatment.
55 (5) The department shall provide to the family and the medical practitioner, if known,
56 information regarding the testing requirements under Subsection (4) when providing results
57 indicating that an infant has failed the newborn hearing screening test(s) under Subsection
58 26-10-6(1).
59 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
60 Administrative Rulemaking Act, as necessary to administer the provisions of this section.
61 Section 2. Section 26-39-301 is amended to read:
62 26-39-301. Duties of the department -- Enforcement of chapter -- Licensing
63 committee requirements.
64 (1) With regard to residential child care licensed or certified under this chapter, the
65 department may:
66 (a) make and enforce rules to implement this chapter and, as necessary to protect
67 qualifying children's common needs for a safe and healthy environment, to provide for:
68 (i) adequate facilities and equipment; and
69 (ii) competent caregivers, considering the age of the children and the type of program
70 offered by the licensee; and
71 (b) make and enforce rules necessary to carry out the purposes of this chapter, in the
72 following areas:
73 (i) requirements for applications, the application process, and compliance with other
74 applicable statutes and rules;
75 (ii) documentation and policies and procedures that providers shall have in place in
76 order to be licensed, in accordance with Subsection (1)(a);
77 (iii) categories, classifications, and duration of initial and ongoing licenses;
78 (iv) changes of ownership or name, changes in licensure status, and changes in
79 operational status;
80 (v) license expiration and renewal, contents, and posting requirements;
81 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
82 procedural measures to encourage and assure compliance with statute and rule; and
83 (vii) guidelines necessary to assure consistency and appropriateness in the regulation
84 and discipline of licensees[
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86 (2) The department shall enforce the rules established by the licensing committee, with
87 the concurrence of the department, for center based child care.
88 (3) Rules made under this chapter by the department, or the licensing committee with
89 the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
90 Utah Administrative Rulemaking Act.
91 (4) (a) The licensing committee and the department may not regulate educational
92 curricula, academic methods, or the educational philosophy or approach of the provider.
93 (b) The licensing committee and the department shall allow for a broad range of
94 educational training and academic background in certification or qualification of child day care
95 directors.
96 (5) In licensing and regulating child care programs, the licensing committee and the
97 department shall reasonably balance the benefits and burdens of each regulation and, by rule,
98 provide for a range of licensure, depending upon the needs and different levels and types of
99 child care provided.
100 (6) Notwithstanding the definition of "qualifying child" in Section 26-39-102, the
101 licensing committee and the department shall count children through age 12 and children with
102 disabilities through age 18 toward the minimum square footage requirement for indoor and
103 outdoor areas, including the child of:
104 (a) a licensed residential child care provider; or
105 (b) an owner or employee of a licensed child care center.
106 (7) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
107 may not exclude floor space used for furniture, fixtures, or equipment from the minimum
108 square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
109 is used:
110 (a) by qualifying children;
111 (b) for the care of qualifying children; or
112 (c) to store classroom materials.
113 (8) (a) A child care center constructed prior to January 1, 2004, and licensed and
114 operated as a child care center continuously since January 1, 2004, is exempt from the licensing
115 committee's and the department's group size restrictions, if the child to caregiver ratios are
116 maintained, and adequate square footage is maintained for specific classrooms.
117 (b) An exemption granted under Subsection (7)(a) is transferrable to subsequent
118 licensed operators at the center if a licensed child care center is continuously maintained at the
119 center.
120 (9) The licensing committee , with the concurrence of the department, shall develop, by
121 rule, a five-year phased-in compliance schedule for playground equipment safety standards.
122 (10) The department shall set and collect licensing and other fees in accordance with
123 Section 26-1-6.
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125 the authority to license or certify a child care program.
126 Section 3. Section 26-39-404 is amended to read:
127 26-39-404. Disqualified individuals -- Criminal history checks -- Payment of
128 costs.
129 (1) (a) Each exempt provider and each person requesting a residential certificate or to
130 be licensed or to renew a license under this chapter shall submit to the department the name
131 and other identifying information, which shall include fingerprints, of existing, new, and
132 proposed:
133 (i) owners;
134 (ii) directors;
135 (iii) members of the governing body;
136 (iv) employees;
137 (v) providers of care;
138 (vi) volunteers, except parents of children enrolled in the programs; and
139 (vii) all adults residing in a residence where child care is provided.
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153 the Department of Public Safety shall process the information required under Subsection (1)(a)
154 to determine whether the individual has been convicted of any crime.
155 (ii) The Utah Division of Criminal Investigation and Technical Services shall submit
156 fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record
157 check.
158 (iii) A person required to submit information to the department under Subsection (1)
159 shall pay the cost of conducting the record check described in this Subsection (1)[
160 (2) (a) Each person requesting a residential certificate or to be licensed or to renew a
161 license under this chapter shall submit to the department the name and other identifying
162 information of any person age 12 through 17 who resides in the residence where the child care
163 is provided. The identifying information required for a person age 12 through 17 does not
164 include fingerprints.
165 (b) The department shall access the juvenile court records to determine whether a
166 person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of
167 committing an act which if committed by an adult would be a felony or misdemeanor if:
168 (i) the person described in Subsection (1) is under the age of 28; or
169 (ii) the person described in Subsection (1) is:
170 (A) over the age of 28; and
171 (B) has been convicted, has pleaded no contest, or is currently subject to a plea in
172 abeyance or diversion agreement for a felony or misdemeanor.
173 (3) Except as provided in Subsections (4) and (5), a licensee under this chapter or an
174 exempt provider may not permit a person who has been convicted, has pleaded no contest, or is
175 currently subject to a plea in abeyance or diversion agreement for any felony or misdemeanor,
176 or if the provisions of Subsection (2)(b) apply, who has been adjudicated in juvenile court of
177 committing an act which if committed by an adult would be a felony or a misdemeanor, to:
178 (a) provide child care;
179 (b) provide volunteer services for a child care program or an exempt provider;
180 (c) reside at the premises where child care is provided; or
181 (d) function as an owner, director, or member of the governing body of a child care
182 program or an exempt provider.
183 (4) (a) The department may, by rule, exempt the following from the restrictions of
184 Subsection (3):
185 (i) specific misdemeanors; and
186 (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be
187 misdemeanors.
188 (b) In accordance with criteria established by rule, the executive director may consider
189 and exempt individual cases [
190 Subsection (4)(a) from the restrictions of Subsection (3).
191 (5) The restrictions of Subsection (3) do not apply to the following:
192 (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a
193 date 10 years or more before the date of the criminal history check described in this section; or
194 (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense
195 adjudicated in juvenile court on a date 10 years or more before the date of the criminal history
196 check described in this section.
197 Section 4. Coordinating H.B. 123 with S.B. 116 -- Technical amendments.
198 If this H.B. 123 and S.B. 116, Revisor's Technical Corrections to Utah Code, both pass
199 and become law, it is the intent of the Legislature that the amendments to Subsection
200 26-10-10(3)(b) in this bill supersede the amendments to Subsection 26-10-10(3)(b) in S.B. 116
201 when the Office of Legislative Research and General Counsel prepares the Utah Code database
202 for publication.