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[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
26-39-101 Title.
This chapter is known as the "Utah Child Care Licensing
Act."
1997
26-39-102 Definitions.
As used in this chapter:
(1) "Child" means:
(a) a child of a person other than the provider of child care;
(b) a child of a licensed or certified residential child care provider who is under the age of four; and
(c) a child of an employee or owner of a licensed child care center who is under the age of four.
(2) "Child care" means continuous care and supervision of five or more children through age 12 and children with disabilities through age 18, in lieu of care ordinarily provided by parents in their own home, for less than 24 hours a day, for direct or indirect compensation.
(3) "Child care program" means a child care facility or program operated by a person who holds a license issued in accordance with this chapter.
(4) "Residential child care" means child care provided
in the home of a provider.
2003
26-39-103 Child Care Licensing Advisory Committee.
(1) There is established the Child Care Licensing Advisory Committee to advise the department on rules promulgated by the department pursuant to this chapter. It shall be composed of the following 13 members who shall be appointed by the executive director:
(a) two child care consumers;
(b) two licensed residential child care providers;
(c) one certified residential child care provider;
(d) five representatives of licensed child care center programs;
(e) one individual with expertise in early childhood development; and
(f) two health care providers.
(2) Appointments shall be for four-year terms, except for those members who have been appointed to complete an unexpired term. Appointments and reappointments may be staggered so that 1/4 of the committee changes each year. The committee shall annually elect a chairman from its membership.
(3) The advisory committee shall meet at least quarterly, or more frequently as determined by the executive director, the chairman, or three or more members of the committee. Seven members constitute a quorum and a vote of the majority of the members present constitutes an action of the committee.
(4) Advisory committee members shall be reimbursed for
their actual and necessary expenses incurred in the performance
of their duties as established by the director of the Division
of Finance, pursuant to Section
63A-3-107
. Advisory committee members may decline reimbursement.
1999
26-39-104 Duties of the department.
(1) With regard to child care programs licensed under this chapter, the department may:
(a) make and enforce rules to implement this chapter and, as necessary to protect children's common needs for a safe and healthy environment, to provide for:
(i) adequate facilities and equipment; and
(ii) competent caregivers considering the age of the children and the type of program offered by the licensee;
(b) make and enforce rules necessary to carry out the purposes of this chapter, in the following areas:
(i) requirements for applications, the application process, and compliance with other applicable statutes and rules;
(ii) documentation and policies and procedures that providers shall have in place in order to be licensed, in accordance with Subsection (1)(a);
(iii) categories, classifications, and duration of initial and ongoing licenses;
(iv) changes of ownership or name, changes in licensure status, and changes in operational status;
(v) license expiration and renewal, contents, and posting requirements;
(vi) procedures for inspections, complaint resolution, disciplinary actions, and other procedural measures to encourage and assure compliance with statute and rule; and
(vii) guidelines necessary to assure consistency and appropriateness in the regulation and discipline of licensees; and
(c) set and collect licensing and other fees in accordance with Section 26-1-6 .
(2) (a) The department may not regulate educational curricula, academic methods, or the educational philosophy or approach of the provider.
(b) The department shall allow for a broad range of educational training and academic background in certification or qualification of child day care directors.
(3) In licensing and regulating child care programs, the department shall reasonably balance the benefits and burdens of each regulation and, by rule, provide for a range of licensure, depending upon the needs and different levels and types of child care provided.
(4) Notwithstanding the definition of "child" in Subsection 26-39-102 (1), the department shall count children through age 12 and children with disabilities through age 18 toward the minimum square footage requirement for indoor and outdoor areas, including the child of:
(a) a licensed residential child care provider; or
(b) an owner or employee of a licensed child care center.
2003
26-39-105 Licensure requirements - Expiration - Renewal.
(1) Except as provided in Sections 26-39-105.5 and 26-39-106 , a person shall be licensed in accordance with this chapter if he:
(a) provides or offers child care; or
(b) provides care to children and requests to be licensed.
(2) The department may issue licenses for a period not exceeding 24 months to child care providers who meet the requirements of this chapter and the department's rules governing child care programs.
(3) A license issued under this chapter is not assignable
or transferable.
1998
26-39-105.5 Residential child care certificate.
(1) (a) A residential child care provider of five to eight children shall obtain a Residential Child Care Certificate from the department unless Section 26-39-106 applies.
(b) The qualifications for a Residential Child Care Certificate are limited to:
(i) the submission of:
(A) an application in the form prescribed by the department;
(B) a certification and criminal background fee established in accordance with Section 26-1-6 ; and
(C) identifying information described in Subsection 26-39-107 (1) for each adult person who resides in the provider's home:
(I) for processing by the Department of Public Safety to determine whether any such person has been convicted of a crime;
(II) to screen for a substantiated finding of child abuse or neglect by a juvenile court; and
(III) to discover whether the person is listed in the Licensing Information System described in Section 62A-4a-116.2 .
(ii) an initial and annual inspection of the provider's home within 90 days of sending an intent to inspect notice to:
(A) check the immunization record of each child who receives child care in the provider's home;
(B) identify serious sanitation, fire, and health hazards to children; and
(C) make appropriate recommendations; and
(iii) for new providers, completion of:
(A) five hours of department-approved training; and
(B) a department-approved CPR and first aid course.
(c) If a serious sanitation, fire, or health hazard has been found during an inspection conducted pursuant to Subsection (1)(b)(ii), the department may, at the option of the residential care provider:
(i) require corrective action for the serious hazards found and make an unannounced follow up inspection to determine compliance; or
(ii) inform the parents of each child in the care of the provider of the results of the department's inspection and the failure of the provider to take corrective action.
(d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), the department may inspect the home of a residential care provider of five to eight children in response to a complaint of:
(i) child abuse or neglect;
(ii) serious health hazards in or around the provider's home; or
(iii) providing residential child care without the appropriate certificate or license.
(2) Notwithstanding this section:
(a) a license under Section 26-39-105 is required of a residential child care provider who cares for nine or more children;
(b) a certified residential child care provider may not provide care to more than two children under the age of two; and
(c) an inspection may be required of a residential child care provider in connection with a federal child care program.
(3) With respect to residential child care, the department
may only make and enforce rules necessary to implement this
section.
2002
26-39-106 Exclusions from chapter.
The provisions and requirements of this chapter do not apply to:
(1) a facility or program owned or operated by an agency of the United States government;
(2) group counseling provided by a mental health therapist, as defined in Section 58-60-102 , who is licensed to practice in this state;
(3) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility Licensure and Inspection Act;
(4) care provided to children by or in the homes of parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts;
(5) care provided to children, in the home of the provider, for less than four hours a day or on a sporadic basis, unless that child care directly affects or is related to a business licensed in this state; or
(6) care provided as part of a course of study at or a
program administered by an educational institution that is
regulated by the boards of education of this state, a private
education institution that provides education in lieu of
that provided by the public education system, or by a parochial
education institution.
1998
26-39-107 Disqualified individuals - Criminal history checks - Payment of costs.
(1) (a) Each person requesting a residential certificate or to be licensed or to renew a license under this chapter shall submit to the department the name and other identifying information, which shall include fingerprints, of existing, new, and proposed:
(i) owners;
(ii) directors;
(iii) members of the governing body;
(iv) employees;
(v) providers of care;
(vi) volunteers, except parents of children enrolled in the programs; and
(vii) all adults residing in a residence where child care is provided.
(b) A person seeking renewal of a residential certificate or license under this section is not required to submit fingerprints of an individual referred to in Subsections (1)(a)(i) through (vi), if:
(i) the individual has resided in Utah for the last five years;
(ii) the individual has:
(A) previously submitted fingerprints under this section for a national criminal history record check; and
(B) resided in Utah continuously since that time; or
(iii) as of May 3, 1999, the individual had one of the relationships under Subsection (1)(a) with a child care provider having a residential certificate or licensed under this section and the individual has resided in Utah continuously since that time.
(c) (i) The Utah Division of Criminal Investigation and Technical Services within the Department of Public Safety shall process the information required under Subsection (1)(a) to determine whether the individual has been convicted of any crime.
(ii) The Utah Division of Criminal Investigation and Technical Services shall submit fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record check.
(iii) The applicant for the license or residential certificate shall pay the cost of conducting a record check under Subsection (1)(c).
(2) An owner, director, member of the governing body, employee, provider of care, or volunteer who has a felony conviction may not provide child care or operate a residential certificate or licensed child care program.
(3) An owner, director, member of the governing body, employee, or other provider of care who has been convicted of a misdemeanor may not provide child care or operate a residential certificate or licensed child care program, except that:
(a) the department may, by rule, exclude specified misdemeanors that do not disqualify an individual under this section; and
(b) the executive director may consider and approve individual
cases in accordance with criteria established by rule.
1999
26-39-108 License violations - Penalties.
(1) The department may deny or revoke a license and otherwise invoke disciplinary penalties if it finds:
(a) evidence of committing or of aiding, abetting, or permitting the commission of any illegal act on the premises of the child care facility;
(b) a failure to meet the qualifications for licensure; or
(c) conduct adverse to the public health, morals, welfare, and safety of children under its care.
(2) The department may also place a department representative as a monitor in a facility, and may assess the cost of that monitoring to the facility, until the licensee has remedied the deficiencies that brought about the department action.
(3) The department may impose civil monetary penalties in accordance with Title 63, Chapter 46b, Administrative Procedures Act, if there has been a failure to comply with the provisions of this chapter, or rules promulgated pursuant to this chapter, as follows:
(a) if significant problems exist that are likely to lead to the harm of a child, the department may impose a civil penalty of $50 to $1,000 per day; and
(b) if significant problems exist that result in actual
harm to a child, the department may impose a civil penalty
of $1,050 to $5,000 per day.
1997
26-39-109 Investigations.
The department may conduct investigations necessary to
enforce the provisions of this chapter.
1997
26-39-110 Offering or providing care in violation of chapter - Misdemeanor.
Notwithstanding the provisions of Title 26, Chapter 23,
Enforcement Provisions and Penalties, a person who provides
or offers child care except as provided by this chapter is
guilty of a class A misdemeanor.
1997
