DAR File No. 44088

This rule was published in the October 15, 2019, issue (Vol. 2019, No. 20) of the Utah State Bulletin.


Health, Family Health and Preparedness, Maternal and Child Health

Rule R433-2

Early Childhood Services Early Childhood Utah Advisory Council Membership, Duties and Procedures

Notice of Proposed Rule

(New Rule)

DAR File No.: 44088
Filed: 09/18/2019 03:30:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define rules, membership, and procedures for the Early Childhood Utah (ECU) Advisory Council.

Summary of the rule or change:

This rule delineates the required membership, duties, and procedures for the ECU Advisory Council.

Statutory or constitutional authorization for this rule:

  • Title 26 Chapter 66

Anticipated cost or savings to:

the state budget:

The proposed rule will result in an estimated fiscal cost for the staff time to complete the following duties: plan, promote, and facilitate quarterly ECU Advisory and Executive Meetings; take and distribute meeting minutes; support five workgroups monthly meetings; follow up with partners to ensure required work is completed; develop yearly report for the Governor's commission; and staff time/benefits are estimated at 20 hours/week at $50 per hour = $52,000. Additionally, the ECU Council is made up of 26 voluntary members from various sectors of the community. 19 members are state employees, 8 are Utah Department of Health (UDOH) members, and 11 are other state employees. UDOH Members: 4 ECU Advisory Meetings at 5 hours (including drive time) = 20 hours x 8 members = 160 hours x $50 per hour (pay/benefits) = $19,000; 6 ECU Executive Meetings at 2 hours (including drive time) = 12 hours x 2 members = 24 hours x $50 per hour (pay/benefits) = $1,200; 12 workgroup meetings at 3 hours (including drive time) = 36 hours x 8 members/workgroup = 288 hours x $50 per hour (pay/benefits) = $14,400. 8 members X 3 hours = 24 hours/month x 12 = 288 hours/year x $50 per hour (pay/benefits) = $14,400 for outside work completed. Estimated total UDOH member per year $49,000. Other state Members: 4 ECU Advisory Meetings at 5 hours (including drive time) = 20 hours x 11 members = 220 hours x $50 per hour (pay/benefits) = $11,000. 6 ECU Executive Meetings at 2 hours (including drive time) = 12 hours x 4 members = 48 hours x $50 per hour (pay/benefits) = $2,400. 12 Workgroup meetings at 3 hours (including drive time) = 36 hours x 11 members/workgroup = 396 hours x $50 per hour (pay/benefits) = $19,800. 11 members X 3 hours = 33 hours/month x 12 = 396 hours/year x $50 per hour (pay/benefits) = $19,800 for outside work completed. Estimated total state member per year $53,000.

local governments:

This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures.

small businesses:

The ECU Council has seven required members from small businesses. At this point it is a required voluntary position. A breakdown of actual cost is below. 4 ECU Advisory Meetings at 5 hours (including drive time) = 20 hours x 7 members = 140 hours x $50 per hour (pay/benefits) = $7,000. 6 ECU Executive Meetings at 2 hours (including drive time) = 12 hours x 3 members = 36 hours x $50 per hour (pay/benefits) = $1,800. 1 workgroup x 12 meetings = 12 Workgroup meetings at 3 hours (including drive time) = 36 hours x 7 members/workgroup = 252 hours x $50 per hour (pay/benefits) = $12,600. 7 members X 3 hours = 21 hours/month x 12 = 252 hours/year x $50 per hour (pay/benefits) = $12,600 for outside work completed. Estimated total small business member per year = $34,000.

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

There is not anticipated to be any fiscal impact to other persons.

Compliance costs for affected persons:

There are no anticipated costs.

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

After conducting a thorough analysis, it was determined that there is minimal fiscal impact on a businesses for the cost of its employee who is a voluntary member of the ECU Council.

Joseph K. 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, Maternal and Child Health
,

Direct questions regarding this rule to:

  • Nicole Bissonette at the above address, by phone at 801-273-2859, by FAX at , or by Internet E-mail at nicolebissonette@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:

11/14/2019

This rule may become effective on:

11/21/2019

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$154,000

$154,000

$154,000

Local Government

$0

$0

$0

Small Businesses

$34,000

$34,000

$34,000

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$188 ,000

$188 ,000

$188 ,000





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$ 0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

Childcare providers are typically small businesses; there are 378 licensed centers and 894 licenses homes in Utah. Of those up to approximately 10 are non-small businesses.

 

There is no impact to non-small business because the rule does not prescribe regulatory compliance.

 

After conducting a thorough analysis it was determined that there is minimal fiscal impact on a business for the cost of its employee who is a voluntary member of the ECU Council. Joseph K. Miner, MD, Executive Director

 

 

R433. Health, Family Health and Preparedness, Maternal and Child Health.

R433-2. Early Childhood Utah Advisory Council Membership, Duties and Procedures.

R433-2-100. Authority and Purpose.

(1) This rule is enacted pursuant to Section 26-66 which requires the Department of Health to write rules establishing the membership, duties, and procedures of the Early Childhood Utah Advisory Council.

 

R433-2-200. Early Childhood Utah Definitions.

(1) "Commission" is defined in Section 26-66-102(1).

(2) "Council" is defined in Section 26-66-102(2).

 

R433-2-300. Council Membership and Terms.

(1) The following voting members are required as per the Council and the Health Resources and Services Administration Early Childhood Grant:

(a) Representative of the Governor's Office

(b) Title V Leadership

(c) Family Engagement Leadership

(d) Public and Private Primary Health Care (2)

(e) Mental Health Service Providers (2)

(f) Place Based Communities (3)

(g) State Office of Child Care Administrator

(h) Utah State Board of Education

(i) Local Education Agencies

(j) Institutions of Higher Education

(k) Local Provider of Early Child Care Administrator

(l) Utah Head Start Association, Rep of MS and AIAN

(m) State Director of Head Start Collaboration

(n) Department of Health Part C Rep.

(o) Utah State Board of Education- Part B

(p) Department of Human Services - Mental Health

(q) Department of Health - Health

(r) Data Systems (Early Childhood)

(s) Department of Health, Women, Infants and Children

(t) Utah Department of Health-Oral Health

(u) Division of Child and Family Services

(v) Parent

(w) McKinney-Vento Homeless Assistance Act

(x) Specialized Services Providers and Related Organization

(y) MIECHV Home Visiting Program

(2) Non-Voting Members. Representatives from organizations and agencies that are not currently voting members are encouraged to attend the meetings, give input, and participate in standing sub-committees. All meetings are open to the public.

(3) Vacancies. The agency creating the vacancy will name a new member representative of the position being vacated to fill the vacancy; excluding general vacancies that will be determined by the Executive Committee.

(4) Non- Agency Member Terms. The term of the non-agency members shall be three years; the term may be renewable for one additional term for a total of six years.

(5) Participation. Active participation by all members is essential to address the purpose of the Council. The following establishes the participation requirements for all voting members of the Council:

(a) Any member missing two consecutive Council meetings may be asked to terminate membership so that another representative may be invited to participate.

(b) Subcommittee members are expected to attend all Subcommittee meetings.

(c) Executive Committee members are required to attend all Executive Committee meetings, Subcommittee meetings and the Council or send a representative in their place to ensure that they are fully informed for all future meetings.

 

R433-2-400. Leadership, Staff and Subcommittee Requirements.

(1) Leadership.

(a) Council Chairs. Two voting members of the Council shall serve as co-chairs. One co-chair shall rotate from one of the four State Agencies on the Commission. The other co-chair shall be elected from the body at large and cannot be from one of the four agencies mentioned above. The co-chairs shall conduct the full meetings of the Council. Both shall serve for a period of two years and rotate off in different years to ensure continuity.

(b) Executive Committee. The Executive Committee is comprised of the Council chairs, the Council Subcommittee chairs and ECU Program staff. Sub-committee chairs will represent the voice, perspective and recommendations of subcommittee members, which include Council voting members and 4 members from the larger early childhood system and community. Subcommittee chairs

will represent the broad perspective of the larger system at executive committee meetings, where key decisions are made.

(i) A representative of the Governor's office will attend the

Council Executive Committee meetings providing another mechanism to ensure the broader perspective is heard and considered in key decisions.

(ii) The Council Executive Committee will provide guidance to all standing Subcommittee on what community members are needed and should be serving on the different subcommittee groups.

(i) The ongoing focus of the Council Executive Committee shall be to:

(A) Utilize the statewide assessment, strategic needs assessment and strategic report to develop policy recommendations.

(B) Review legislative proposals designed to address the needs of children, ages 0-8 years old to determine whether they are data-driven and evidence-based, leading to improved outcomes for children.

(C) Evaluate the annual budget presented by the Governor and the Legislature to determine whether it effectively meets the needs of Utah's young children and their families.

(D) Ensure that all policy and budgetary recommendations are supported by all relevant state agencies, and the Governor's Office, impacted by policy and budgetary proposals prior to making a formal recommendation to the full Council.

(E) The Council Executive Committee will review the priority areas of the subcommittees to ensure their work includes those tasks required by federal and state early childhood guidelines and regulations.

(F) The Council Executive Committee will review proposals and recommendations submitted by the individual subcommittees. Once reviewed the Council Executive Committee will vote upon the proposal/recommendation. Recommendations will be sent back to the individual subcommittees if more information is needed before voting upon.

(2) Staff. The Early Childhood Utah Program Manager in the Utah Department of Health shall serve as staff to the Council.

(3) Subcommittees.

(a) Expectations and Procedures.

(i) Each voting member of the Council shall serve on at least one standing committee, based on the committee member's area of expertise.

(ii) Each standing sub-committee will submit meeting notes to Executive Committee with proposals and recommendations in writing at least two weeks prior to Executive Committee meeting.

(iii) Each standing sub-committee shall have one chair or two co-chairs. The chair shall be elected by a simple majority vote of the voting members of the standing committee participating at the meeting during which voting occurs and shall serve for a term of two years. A standing sub-committee chair may fill additional consecutive terms as chair, if approved by a majority of the voting membership of that sub-committee.

(iv) Each sub-committee may appoint additional non-voting members to their committee as needed based on area of expertise and/or specific projects.

(b) The Council shall include the following sub-committees.

(i) Promoting Health and Access to Medical Homes. The focus of this sub-committee shall be ensuring access to health and dental health care services and support for medical homes for all young children in the state.

(ii) Early Care and Education. The focus of this sub-committee shall be ensuring access to quality programs and services that support the early learning and development of all young children in the state. This includes both in-home and out-of-home services.

(iii) Social/Emotional and Mental Health. The focus of this sub-committee shall be ensuring access to services to promote healthy social-emotional development in all young children in the state, and services to address the needs of children who have or are at risk for developing mental health concerns or challenging behaviors.

(iv) Parent Engagement, Support and Education. The focus of this sub-committee shall be ensuring access to family-centered, culturally appropriate parenting education and family support services for all parents of young children in the state, to promote the ability of parents and families to nurture and support the healthy development of their children.

(v) Data and Research. The focus of this sub-committee shall be developing an annual needs assessment that evaluates the needs of children birth through five and their families; assists in obtaining relevant data and research to support members of the Council, evaluates research in the early childhood development field to support the Executive Committee in the development of evidence-based strategies that address the needs of Utah's early childhood population; and identifies data gaps regionally, racially and economically in Utah's early childhood system.

(vi) Ad Hoc Committees. Time limited ad hoc committees may be formed to work on specific projects requiring expertise or representation beyond the voting membership of the Council.

 

R433-2-500. Meeting Procedures.

(1) The Council and sub-committees shall adhere to the following procedures:

(a) Meeting Frequency

(i) The Council shall meet at least four times each year, or more frequently as determined by the Council Executive Committee. Notice of the year's meeting schedule shall be provided to all voting members at the first meeting of each calendar year.

(ii) The Council Executive Committee shall meet at least four times each year or more frequently as needed to facilitate Council Executive Committee work.

(iii) The Council sub-committee's shall meet at least four times each year. Each sub-committee chair will call and coordinate committee meetings as needed to facilitate individual sub-committee work.

(b) Electronic Attendance. All meetings will have an electronic meeting option.

(c) Public Meetings. All meetings of the Council shall be conducted in accordance with the Utah Open and Public Meetings Act (Utah Code, Title 52, Chapter 4).

(d) Voting. A simple majority of the voting members of Early Childhood Utah Advisory the Council participating at a meeting will conduct the transaction of business. Decisions, changes, or actions to the strategic plan, scope of work, or bylaws of the Council require a simple majority vote of the members participating at the meeting during which the voting occurs. Email and telephone votes may be taken between meetings in accordance with the electronic meetings act.

(e) Proxy. In the event that a Council member cannot attend the Council meeting, Council sub-committee meeting and the Council Executive Committee meeting, that individual may designate a proxy to attend the meeting. The proxy shall be granted all rights and privileges inherent to the position, including voting privileges, for that meeting.

(f) Record Keeping. Staff to Early Childhood Utah Program shall produce minutes of each full meeting. Reports, records, and meeting minutes shall be open to the public and shall be available at upon approval at the next Council meeting.

 

R433-2-600. Conflict of Interest.

(1) The following outlines the Council's Conflict of Interest Policy:

(a) Each voting member of the Council shall be responsible for declaring a conflict of interest when one exists. A conflict of interest may include any matter that may provide direct personal financial benefit for that member.

(b) When a conflict of interest exists, the conflicted member will refrain from the voting process.

(c) Where a conflict of interest is known to exist but is not declared by an individual, one or more members of the Council may ask the individual to refrain from voting on the issue in question.

(d) In the event of a disagreement over whether a conflict of interest exists, the matter shall be decided by a simple majority vote of the members participating at the meeting.

 

R433-2-700. Amendments to the Bylaws.

(1) The Council shall adhere to following process when making amendments to the Council Bylaws:

(a) Proposed amendments shall be distributed to all voting members of the Council at least one week prior to the next regularly scheduled meeting.

(b) These bylaws may be amended or repealed by a simple majority of the voting members participating at any regularly scheduled meeting.

 

KEY: early, childhood, advisory, council

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 26-66


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20191015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Nicole Bissonette at the above address, by phone at 801-273-2859, by FAX at , or by Internet E-mail at nicolebissonette@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.