Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 271 (2021GS)

Sponsor

Rep. Pulsipher, S.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• increases the number of children that a child care provider can care for without obtaining a residential child care certificate.

Every vote on this bill

Bill text

HOME CHILD CARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Susan Pulsipher
Senate Sponsor: 
 Daniel McCay
LONG TITLE
General Description:
This bill amends the Utah Child Care Licensing Act.
Highlighted Provisions:
This bill:
▸ increases the number of children that a child care provider can care for without
obtaining a residential child care certificate.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-39-102
, as last amended by Laws of Utah 2015, Chapter 220
26-39-402
, as last amended by Laws of Utah 2018, Chapter 415
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-39-102
 is amended to read:
26-39-102.
Definitions.
As used in this chapter:
(1) "Advisory committee" means the Residential Child Care Licensing Advisory
Committee, created in Section 
26-1-7
.
(2) (a) "Center based child care" means, except as provided in Subsection (2)(b), a
child care program licensed under this chapter.
(b) "Center based child care" does not include:
(i) a residential child care provider certified under Section 
26-39-402
; or
(ii) a facility or program exempt under Section 
26-39-403
.
(3) "Child care" means continuous care and supervision of [
five
] 
seven
 or more
qualifying children, that is:
(a) in lieu of care ordinarily provided by a parent in the parent's home;
(b) for less than 24 hours a day; and
(c) for direct or indirect compensation.
(4) "Child care program" means a child care facility or program operated by a person
who holds a license or certificate issued in accordance with this chapter.
(5) "Exempt provider" means a person who provides care described in Subsection
26-39-403
(2).
(6) "Licensing committee" means the Child Care Center Licensing Committee created
in Section 
26-1-7
.
(7) "Public school" means:
(a) a school, including a charter school, that:
(i) is directly funded at public expense; and
(ii) provides education to qualifying children for any grade from first grade through
twelfth grade; or
(b) a school, including a charter school, that provides:
(i) preschool or kindergarten to qualifying children, regardless of whether the preschool
or kindergarten is funded at public expense; and
(ii) education to qualifying children for any grade from first grade through twelfth
grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
funded at public expense.
(8) "Qualifying child" means an individual who is:
(a) (i) under the age of 13; or
(ii) under the age of 18, if the person has a disability; and
(b) a child of:
(i) a person other than the person providing care to the child;
(ii) a licensed or certified residential child care provider, if the child is under the age of
four; or
(iii) an employee or owner of a licensed child care center, if the child is under the age
of four.
(9) "Residential child care" means child care provided in the home of a provider.
Section 2. Section 
26-39-402
 is amended to read:
26-39-402.
Residential child care certificate.
(1) A residential child care provider of [
five to
] 
seven or
 eight qualifying children shall
obtain a Residential Child Care Certificate from the department, unless Section 
26-39-403
applies.
(2) The minimum qualifications for a Residential Child Care Certificate are:
(a) the submission of:
(i) an application in the form prescribed by the department;
(ii) a certification and criminal background fee established in accordance with Section
26-1-6
; and
(iii) in accordance with Section 
26-39-404
, identifying information for each adult
person and each juvenile age 12 through 17 years of age who resides in the provider's home:
(A) for processing by the Department of Public Safety to determine whether any such
person has been convicted of a crime;
(B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
and
(C) to discover whether the person is listed in the Licensing Information System
described in Section 
62A-4a-1006
;
(b) an initial and annual inspection of the provider's home within 90 days of sending an
intent to inspect notice to:
(i) check the immunization record, as defined in Section 
53G-9-301
, of each qualifying
child who receives child care in the provider's home;
(ii) identify serious sanitation, fire, and health hazards to qualifying children; and
(iii) make appropriate recommendations; and
(c) annual training consisting of 10 hours of department-approved training as specified
by the department by administrative rule, including a current department-approved CPR and
first aid course.
(3) If a serious sanitation, fire, or health hazard has been found during an inspection
conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
serious hazards found and make an unannounced follow up inspection to determine
compliance.
(4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
department may inspect the home of a residential care provider of [
five to
] 
seven or
 eight
qualifying children in response to a complaint of:
(a) child abuse or neglect;
(b) serious health hazards in or around the provider's home; or
(c) providing residential child care without the appropriate certificate or license.
(5) Notwithstanding this section:
(a) a license under Section 
26-39-401
 is required of a residential child care provider
who cares for nine or more qualifying children;
(b) a certified residential child care provider may not provide care to more than two
qualifying 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.
(6) With respect to residential child care, the department may only make and enforce
rules necessary to implement this section.