DAR File No. 41235

Health, Family Health and Preparedness, Child Care Licensing

Section R430-90-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41235
Filed: 01/30/2017 10:17:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change references the definition of "guest" and "volunteer" as stated in Rule R430-6.

Summary of the rule or change:

This rule change is supported by the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed.

Statutory or constitutional authorization for this rule:

• Title 63G, Chapter 3

Anticipated cost or savings to:

the state budget:

No state agencies operate child care homes. Therefore, the agency does not anticipate any cost or savings as a result of this change.

local governments:

No local governments operate child care homes. Therefore, the agency does not anticipate any cost or savings as a result of this change.

small businesses:

Almost all child care homes are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program.

persons other than small businesses, businesses, or local governmental entities:

Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program.

Compliance costs for affected persons:

Because this rule will not change any of the requirements for child care programs, the agency does not anticipate any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Family Health and Preparedness, Child Care Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Simon Bolivar at the above address, by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2017

This rule may become effective on:

03/30/2017

Authorized by:

Joseph Miner, Executive Director

R430. Health, Family Health and Preparedness, Child Care Licensing.

R430-90. Licensed Family Child Care.

R430-90-2. Definitions.

(1) "Body fluid" means blood, urine, feces, vomit, mucus, or saliva.

(2) "Caregiver" means an individual who provides direct care to children.

(3) "Department" means the Utah Department of Health.

(4) "Emotional abuse" means behavior that could impair a child's emotional development, such as threatening, intimidating, humiliating, or demeaning a child, constant criticism, rejection, profane language, and inappropriate physical restraint.

(5) "Guest" as defined in R430-006.

[(5)](6) "Health care provider" means a licensed professional with prescriptive authority, such as a physician, nurse practitioner, or physician's assistant.

[(6)](7) "Inaccessible to children" means:

(a) locked, such as in a locked room, cupboard or drawer;

(b) secured with a child safety device, such as a child safety cupboard lock or doorknob device;

(c) behind a properly secured child safety gate;

(d) located in a cupboard or on a shelf more than 36 inches above the floor; or

(e) not in any location in a bathroom where a child could reach, including by climbing on a toilet, bathtub, or counter.

[(7)](8) "Infant" means a child aged birth through 11 months of age.

[(8)](9) "Infectious disease" means an illness that is capable of being spread from one person to another.

[(9)](10) "Licensee" means the person holding a Department of Health child care license.

[(10)](11) "Over-the-counter medication" means medication that can be purchased without a written prescription. This includes herbal remedies and vitamin and mineral supplements.

[(11)](12) "Parent" means the parent or legal guardian of a child in care.

[(12)](13) "Physical abuse" means causing non-accidental physical harm to a child.

[(13)](14) "Preschooler" means a child aged 2 through 4, and 5 year olds who have not yet started kindergarten.

[(14)](15) "Provider" means the licensee.

[(15)](16) "Related children" means children for whom a provider is the parent, legal guardian, step-parent, grandparent, step-grandparent, great-grandparent, sibling, step-sibling, aunt, step-aunt, great-aunt, uncle, step-uncle, or great-uncle.

[(16)](17) "Sanitize" means to reduce the number of germs on a surface to such a level that disease transmission by that surface is unlikely.

[(17)](18) "School age" means children ages five through twelve.

[(18)](19) "Sexual abuse" means abuse as provided in Utah Code, Section 76-5-404.1.

[(19)](20) "Sexually explicit material" means any depiction of sexually explicit conduct, as defined in Utah Code, Section 76-5a-2(8).

[(20)](21) "Sleeping equipment" means a cot, mat, crib, bassinet, porta-crib, play pen, or bed.

[(21)](22) "Stationary play equipment" means equipment such as a climber, a slide, a swing, a merry-go-round, or a spring rocker that is meant to stay in one location when a child uses it. Stationary play equipment does not include:

(a) a sandbox;

(b) a stationary circular tricycle;

(c) a sensory table; or

(d) a playhouse, if the playhouse has no play equipment, such as a slide, swing, ladder, or climber attached to it.

[(22)](23) "Strangulation hazard" means something on a component of playground equipment on which a child's clothes or something around a child's neck could become caught. For example, bolt ends that extend more than two threads beyond the face of the nut, hardware configurations that form a hook or leave a gap or space between components, and open "S" type hooks.

[(23)](24) "Substitute" means a person who assumes either the licensee's or a caregiver's duties under this rule when the licensee or caregiver is not present. This includes emergency substitutes.

[(24)](25) "Supervision" means the function of observing, overseeing, and guiding a child or group of children.

[(25)](26) "Toddler" means a child aged 12 months but less than 24 months.

[(26)](27) "Unrelated children" means children who are not related children.

[(27)](28) "Use zone" means the area beneath and surrounding a play structure or piece of equipment that is designated for unrestricted movement around the equipment, and onto which a child falling from or exiting the equipment could be expected to land.

[(28)](29) "Volunteer" as defined in R430-006.[means a person who provides direct care to a child but does not receive direct or indirect compensation for doing so. A volunteer is not included in the provider to child ratio.]

 

KEY: child care facilities, licensed family child care

Date of Enactment or Last Substantive Amendment: [March 30, 2016]2017

Notice of Continuation: May 29, 2013

Authorizing, and Implemented or Interpreted Law: 26-39