Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 169 First Substitute (2017GS)

Sponsor

Rep. Froerer, G.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• extends the time period within which the Department of Health may conduct an investigation of a child care provider based on when the events in the complaint occurred; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD CARE LICENSING MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to child care licensing.
Highlighted Provisions:
This bill:
▸ extends the time period within which the Department of Health may conduct an
investigation of a child care provider based on when the events in the complaint
occurred; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-39-501
, as last amended by Laws of Utah 2015, Chapter 220
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-39-501
 is amended to read:
26-39-501.
Investigations -- Records.
(1) The department may conduct investigations necessary to enforce the provisions of
this chapter.
(2) For purposes of this section:
(a) "Anonymous complainant" means a complainant for whom the department does not
have the minimum personal identifying information necessary, including the complainant's full
name, to attempt to communicate with the complainant after a complaint has been made.
(b) "Confidential complainant" means a complainant for whom the department has the
minimum personal identifying information necessary, including the complainant's full name, to
attempt to communicate with the complainant after a complaint has been made, but [
who
] 
the
complainant
 elects under Subsection (3)(c) not to be identified to the subject of the complaint.
(c) "Subject of the complaint" means the licensee or certificate holder about whom the
complainant is informing the department.
(3) (a) If the department receives a complaint about a child care program or an exempt
provider, the department shall:
(i) solicit information from the complainant to determine whether the complaint
suggests actions or conditions that could pose a serious risk to the safety or well-being of a
qualifying child;
(ii) as necessary:
(A) encourage the complainant to disclose the minimum personal identifying
information necessary, including the complainant's full name, for the department to attempt to
subsequently communicate with the complainant;
(B) inform the complainant that the department may not investigate an anonymous
complaint;
(C) inform the complainant that the identity of a confidential complainant may be
withheld from the subject of a complaint only as provided in Subsection (3)(c)(ii); and
(D) inform the complainant that the department may be limited in its use of
information provided by a confidential complainant, as provided in Subsection (3)(c)(ii)(B);
and
(iii) inform the complainant that a person is guilty of a class B misdemeanor under
Section 
76-8-506
 if the person gives false information to the department with the purpose of
inducing a change in that person's or another person's licensing or certification status.
(b) If the complainant elects to be an anonymous complainant, or if the complaint
concerns events which occurred more than [
six weeks
] 
one year
 before the complainant
contacted the department
, the department
:
(i) shall refer the information in the complaint to the Division of Child and Family
Services within the Department of Human Services, law enforcement, or any other appropriate
agency, if the complaint suggests actions or conditions which could pose a serious risk to the
safety or well-being of a child;
(ii) may not investigate or substantiate the complaint; and
(iii) may, during a regularly scheduled annual survey, inform the exempt provider,
licensee, or certificate holder that is the subject of the complaint of allegations or concerns
raised by:
(A) the anonymous complainant; or
(B) the complainant who reported events more than [
six weeks
] 
one year
 after the
events occurred.
(c) (i) If the complainant elects to be a confidential complainant, the department shall
determine whether the complainant wishes to remain 
a
 confidential 
complainant
:
(A) only until the investigation of the complaint has been completed; or
(B) indefinitely.
(ii) (A) If the complainant elects to remain 
a
 confidential 
complainant
 only until the
investigation of the complaint has been completed, the department shall disclose the name of
the complainant to the subject of the complaint at the completion of the investigation, but no
sooner.
(B) If the complainant elects to remain 
a
 confidential 
complainant
 indefinitely, the
department:
(I) notwithstanding Subsection 
63G-2-201
(5)(b), may not disclose the name of the
complainant, including to the subject of the complaint; and
(II) may not use information provided by the complainant to substantiate an alleged
violation of state law or department rule unless the department independently corroborates the
information.
(4) (a) Prior to conducting an investigation of a child care program or an exempt
provider in response to a complaint, a department investigator shall review the complaint with
the investigator's supervisor.
(b) The investigator may 
only
 proceed with the investigation [
only
] if:
(i) the supervisor determines the complaint is credible;
(ii) the complaint is not from an anonymous complainant; and
(iii) prior to the investigation, the investigator [
informs
] 
provides
 the subject of the
complaint [
of
] 
with
:
(A) except as provided in Subsection (3)(c), the name of the complainant; and
(B) except as provided in Subsection (4)(c), the substance of the complaint.
(c) An investigator is not required to inform the subject of a complaint of the substance
of the complaint prior to an investigation if doing so would jeopardize the investigation. 
However, the investigator shall inform the subject of the complaint of the substance of the
complaint as soon as doing so will no longer jeopardize the investigation.
(5) If the department is unable to substantiate a complaint, any record related to the
complaint or the investigation of the complaint:
(a) shall be classified under Title 63G, Chapter 2, Government Records Access and
Management Act, as:
(i) a private or controlled record if appropriate under Section 
63G-2-302
 or 
63G-2-304
;
or
(ii) a protected record under Section 
63G-2-305
; and
(b) if disclosed in accordance with Subsection 
63G-2-201
(5)(b), may not identify an
individual child care program, exempt provider, licensee, certificate holder, or complainant.
(6) Any record of the department related to a complaint by an anonymous complainant
is a protected record under Title 63G, Chapter 2, Government Records Access and
Management Act, and, notwithstanding Subsection 
63G-2-201
(5)(b), may not be disclosed in a
manner that identifies an individual child care program, exempt provider, licensee, certificate
holder, or complainant.
Legislative Review Note
Office of Legislative Research and General Counsel