DAR File No. 41237

Health, Family Health and Preparedness, Child Care Licensing

Section R430-6-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41237
Filed: 01/30/2017 10:32:33 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change provides a more accurate definition of "guest" and "volunteer".

Summary of the rule or change:

This rule change is supported by both the Child Care Center Licensing Committee and the Residential Advisory Committee. This rule change provides a better definition of "guest" and "volunteer". 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:

The agency does not anticipate any cost or savings to the state budget as a result of this change.

local governments:

Some local governments operate child care centers. 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 child care programs operated by state agencies. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program.

small businesses:

Almost all child care centers and 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 [email protected]

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.

R430-6. Background Screening.

R430-6-2. Definitions.

Terms used in this rule are defined in Title 26, Chapter 39. In addition:

(1) "Applicant" means a person who has applied for a new child care license, residential, certificate, or license exemption from the Department, or a currently licensed, certified, or license exempt child care provider who is applying for a renewal of their child care license, certificate, or exemption.

(2) "Background finding" means a determination by the Department that an individual:

(a) has been convicted of, has pleaded no contest to, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor;

(b) has been adjudicated in juvenile court of committing an act which if committed by an adult would be a felony or misdemeanor; or

(c) is listed on the Utah or national sex offender registry.

(3) "Covered individual" means:

(a) owners;

(b) directors;

(c) members of the governing body;

(d) employees;

(e) providers of care, including children residing in a home where child care is provided;

(f) volunteers, excluding parents of children enrolled in the program;

(g) all individuals age 12 and older residing in a residence where child care is provided; and

(h) anyone who has unsupervised contact with a child in care.

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

(5) "Exempt Child Care Provider" means a person who provides care as described in the Utah Code 26-39-403(2).

(6) "Guest" means an individual who does not reside in the facility but is on the premises with the provider's permission. A guest must never be left unsupervised with children. A guest cannot count in the caregiver-to-child ratio, except for child care student interns. A guest is required to wear a guest nametag. A guest is not required to have a Child Care Licensing background screening.

[(6)](7) "Involved with child care" means to do any of the following at or for a facility with a child care license, certificate, or exemption issued by the Department:

(a) provide child care;

(b) volunteer at a child care facility;

(c) own, operate, direct, or be employed at a child care facility;

(d) reside at a facility where care is provided;

(e) function as a member of the governing body of a child care facility; or

(e) be present at a facility while care is being provided, except for parents dropping off or picking up their child, or attending a scheduled event at the child care facility.

[(7)](8) "Supported finding" means an individual is listed on the Licensing Information System child abuse and neglect database maintained by the Utah Department of Human Services, or listed on the Utah or national sex offender registry.

[(8)](9) "Unsupervised Contact" means contact with children that provides the person opportunity for personal communication or touch when not under the direct supervision of a child care provider or employee who has passed a background screening.

[(9)](10) "Volunteer" means an individual who receives no form of direct or indirect compensation for their service. A volunteer who passes a Child Care Licensing background screening can be left unsupervised with children and can count in the caregiver-to-child ratio. Volunteer parents of children enrolled in the program are not required to have a Child Care Licensing background screening as long as they do not have unsupervised access to any children other than their own.[an individual who receives no form of direct or indirect compensation for providing care.]

 

KEY: child care facilities, background screening

Date of Enactment or Last Substantive Amendment: [August 31, 2015]2017

Notice of Continuation: August 3, 2012

Authorizing, and Implemented or Interpreted Law: 26-39