Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 221 (2025GS)

Sponsor

Sen. Escamilla, Luz

Final action

Senate/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires licensure for a residential child care provider when providing child care for a certain number of qualifying children;
• requires certification for a residential child care provider when providing child care for a certain number of qualifying children;
• amends provisions authorizing the Department of Health and Human Services to inspect the home of a certified child care provider under certain circumstances;
• prohibits a certified residential child care provider from providing child care to more than two qualifying children under certain ages;
• amends provisions of criminal background check requirements for a child care provider; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

11
26B-2-402
26B-2-403
26B-2-404
26B-2-405
26B-2-406
78A-6-209
Child Care Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
LONG TITLE
General Description:
This bill modifies provisions related to caring for children.
Highlighted Provisions:
This bill:
requires licensure for a residential child care provider when providing child care for a 
certain number of qualifying children;
requires certification for a residential child care provider when providing child care for a 
certain number of qualifying children;
amends provisions authorizing the Department of Health and Human Services to inspect 
the home of a certified child care provider under certain circumstances;
prohibits a certified residential child care provider from providing child care to more than 
two qualifying children under certain ages;
provides that a residential child care provider may be inspected in accordance with federal 
law; 
amends provisions of criminal background check requirements for a child care provider; 
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-402
, as last amended by Laws of Utah 2024, Chapter 235
26B-2-403
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-404
, as last amended by Laws of Utah 2024, Chapter 235
26B-2-405
, as last amended by Laws of Utah 2024, Chapter 235
26B-2-406
, as last amended by Laws of Utah 2024, Chapter 235
78A-6-209
, as last amended by Laws of Utah 2024, Chapter 235
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-2-402
 is amended to read:
26B-2-402. Duties of the department -- Enforcement of part -- Licensing 
committee requirements.
(1)
With regard to residential child care licensed, certified, or subject to criminal 
background checks under this part, the department may:
(a)
make and enforce rules to implement this part and, as necessary to protect qualifying 
children's common needs for a safe and healthy environment, to provide for:
(i)
adequate facilities and equipment; and
(ii)
competent caregivers, considering 
the age of the children
the child's age
 and the 
type of program offered by the licensee; and
(b)
make and enforce rules necessary to carry out the purposes of this part, in the 
following areas:
(i)
requirements for applications, the application process, and compliance with other 
applicable statutes and rules;
(ii)
documentation and policies and procedures that providers shall have in place in 
order to be licensed, in accordance with Subsection (1)(a);
(iii)
categories, classifications, and duration of initial and ongoing licenses;
(iv)
changes of ownership or name, changes in licensure status, and changes in 
operational status;
(v)
license expiration and renewal, contents, and posting requirements;
(vi)
procedures for inspections, complaint resolution, disciplinary actions, and other 
procedural measures to encourage and assure compliance with statute and rule; and
(vii)
guidelines necessary to assure consistency and appropriateness in the regulation 
and discipline of licensees.
(2)
The department shall enforce the rules established by the licensing committee, with the 
concurrence of the department, for center based child care.
(3)
The department shall make rules that allow a regulated provider to provide after school 
child care for a reasonable number of qualifying children in excess of the regulated 
provider's capacity limit, without requiring the regulated provider to obtain a waiver or 
new license from the department.
(4)
Rules made under this part by the department, or the licensing committee 
with the 
concurrence of the department, shall be made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act.
(5)
(a)
The licensing committee and the department may not regulate educational 
curricula, academic methods, or the educational philosophy or approach of the 
provider.
(b)
The licensing committee and the department shall allow for a broad range of 
educational training and academic background in certification or qualification of 
child day care directors.
(6)
In licensing and regulating child care programs, the licensing committee and the 
department shall reasonably balance the benefits and burdens of each regulation and, by 
rule, provide for a range of licensure, depending upon the needs and different levels and 
types of child care provided.
(7)
Notwithstanding the definition of "qualifying child" in Section 
26B-2-401
, the licensing 
committee and the department shall count children 
through age 12
no older than 12 
years old
 and children with disabilities 
through age 18
no older than 18 years old
toward the minimum square footage requirement for indoor and outdoor areas, including 
the child of:
(a)
a licensed residential child care provider; or
(b)
an owner or employee of a licensed child care center.
(8)
Notwithstanding Subsection (1)(a)(i), the licensing committee and the department may 
not exclude floor space used for furniture, fixtures, or equipment from the minimum 
square footage requirement for indoor and outdoor areas if the furniture, fixture, or 
equipment is used:
(a)
by qualifying children;
(b)
for the care of qualifying children; or
(c)
to store classroom materials.
(9)
(a)
A child care center constructed prior to January 1, 2004, and licensed and 
operated as a child care center continuously since January 1, 2004, is exempt from 
the licensing committee's and the department's group size restrictions, if the child to 
caregiver ratios are maintained, and adequate square footage is maintained for 
specific classrooms.
(b)
An exemption granted under Subsection (9)(a) is transferrable to subsequent licensed 
operators at the center if a licensed child care center is continuously maintained at the 
center.
(10)
The licensing committee , with the concurrence of the department, shall develop, by 
rule, a five-year phased-in compliance schedule for playground equipment safety 
standards.
(11)
The department shall set and collect licensing and other fees in accordance with 
Section 
26B-1-209
.
Section 2, Section 
26B-2-403
 is amended to read:
26B-2-403. Licensure requirements -- Expiration -- Renewal.
(1)
Except as provided in Section 
26B-2-405
, and subject to Subsection 
(2)
, a person shall 
obtain a license from the department if:
(a)
the person provides center based child care for five or more qualifying children;
(b)
the person provides residential child care for 
nine
five
 or more qualifying children; 
or
(c)
the person:
(i)
provides child care
 for four or fewer qualifying children
;
(ii)
is not required to obtain a license under Subsection 
(1)(a)
 or 
(b)
; and
(iii)
requests to be licensed.
(2)
Notwithstanding Subsection 
(1)
, a certified provider may, in accordance with rules 
made by the department under Subsection 
26B-2-402(3)
, exceed the certified provider's 
capacity limit to provide after school child care without obtaining a license from the 
department.
(3)
The department may issue licenses for a period not exceeding 24 months to child care 
providers who meet the requirements of:
(a)
this part; and
(b)
the department's rules governing child care programs.
(4)
A license issued under this part is not assignable or transferable.
Section 3, Section 
26B-2-404
 is amended to read:
26B-2-404. Residential Child Care Certificate.
(1)
Except as provided in Section 
26B-2-405
, 
a person may request
a person shall obtain
 a 
Residential Child Care Certificate from the department if the person provides residential 
child care for 
at least five and no more than 
eight 
or fewer
 qualifying children.
(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 
26B-1-209
; and
(iii)
in accordance with Section 
26B-2-406
, identifying information for each adult 
person and each juvenile 
age 12 through 17 years old
who is at least 12 years old 
and no older than 17 years old and
 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 
80-2-1002
;
(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 certified provider 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
.
; or
(d)
as required by federal law.
(5)
With respect to residential child care, the department may only make and enforce rules 
necessary to implement this section.
Section 4, Section 
26B-2-405
 is amended to read:
26B-2-405. Exclusions from part -- Criminal background checks by an excluded 
person.
(1)
(a)
Except as provided in Subsections (1)(b) and (1)(c), the provisions and 
requirements of this part do not apply to:
(i)
a facility or program owned or operated by an agency of the United States 
government;
(ii)
group counseling provided by a mental health therapist, as defined in Section 
58-60-102
, who is licensed to practice in this state;
(iii)
a health care facility licensed under Part 2, Health Care Facility Licensing and 
Inspection;
(iv)
care provided to a qualifying child by or in the home of a parent, legal guardian, 
grandparent, brother, sister, uncle, or aunt;
(v)
care provided to a qualifying child, in the home of the provider, for less than four 
hours a day or on a sporadic basis, unless that child care directly affects or is 
related to a business licensed in this state;
(vi)
care provided at a residential support program that is licensed by the department;
or
(vii)
center based child care for four or fewer qualifying children, unless the provider 
requests to be licensed under Section 
26B-2-403
; or
.
(viii)
residential child care for eight or fewer qualifying children, unless the provider 
requests to be licensed under Section 
26B-2-403
 or certified under Section 
26B-2-404
.
(b)
(i)
A person that does not hold a license or certificate from the department under 
this part may not, at any given time, provide child care in the person's home for 
more than 10 children in total under 
the age of 13
13 years old
, or under 
the age 
of 18 
18 years old 
if a child has a disability, regardless of whether a child is 
related to the person providing child care.
(ii)
A person providing care described in Subsection (1)(a)(viii) may not provide, at 
any given time, child care in the person's home for more than two children who 
are under three years old.
(c)
A person providing care described in Subsection (1)(a)(viii) that is not a certified 
provider or a licensed provider under this part is subject to the requirements of 
Section 
26B-2-406
.
(2)
The licensing and certification requirements of this part do not apply to:
(a)
care provided to a qualifying child as part of a course of study at or a program 
administered by an educational institution that is regulated by the boards of education 
of this state, a private education institution that provides education in lieu of that 
provided by the public education system, or by a parochial education institution;
(b)
care provided to a qualifying child by a public or private institution of higher 
education, if the care is provided in connection with a course of study or program, 
relating to the education or study of children, that is provided to students of the 
institution of higher education;
(c)
care provided to a qualifying child at a public school by an organization other than 
the public school, if:
(i)
the care is provided under contract with the public school or on school property; or
(ii)
the public school accepts responsibility and oversight for the care provided by the 
organization;
(d)
care provided to a qualifying child as part of a summer camp that operates on federal 
land pursuant to a federal permit;
(e)
care provided by an organization that:
(i)
qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue 
Code;
(ii)
provides care pursuant to a written agreement with:
(A)
a municipality, as defined in Section 
10-1-104
, that provides oversight for the 
program; or
(B)
a county that provides oversight for the program; and
(iii)
provides care to a child who is 
over the age of four and under the age of 13
at 
least five years old and no older than 13 years old
; or
(f)
care provided to a qualifying child at a facility where:
(i)
the parent or guardian of the qualifying child is at all times physically present in 
the building where the care is provided and the parent or guardian is near enough 
to reach the child within five minutes if needed;
(ii)
the duration of the care is less than four hours for an individual qualifying child in 
any one day;
(iii)
the care is provided on a sporadic basis;
(iv)
the care does not include diapering a qualifying child; and
(v)
the care does not include preparing or serving meals to a qualifying child.
(3)
An exempt provider shall submit to the department:
(a)
the information required under Subsections 
26B-2-406
(1) and (2); and
(b)
of the children receiving care from the exempt provider:
(i)
the number of children who are less than two years old;
(ii)
the number of children who are at least two years old and less than five years old; 
and
(iii)
the number of children who are five years old or older.
(4)
An exempt provider shall post, in a conspicuous location near the entrance of the 
exempt provider's facility, a notice prepared by the department that:
(a)
states that the facility is exempt from licensure and certification; and
(b)
provides the department's contact information for submitting a complaint.
(5)
(a)
Except as provided in Subsection (5)(b), the department may not release the 
information the department collects from exempt providers under Subsection (3).
(b)
The department may release an aggregate count of children receiving care from 
exempt providers, without identifying a specific provider.
Section 5, Section 
26B-2-406
 is amended to read:
26B-2-406. Disqualified individuals -- Criminal history checks -- Payment of 
costs.
(1)
(a)
Each exempt provider, except as provided in Subsection (1)(c), each person 
described in Subsection 
26B-2-405
(1)(a)(viii) that is not a certified provider or a 
licensed provider, and each person 
requesting a residential certificate or
applying
 to 
be licensed or to renew a license under this part shall submit to the department the 
name and other identifying information, which shall include fingerprints, of existing, 
new, and proposed:
(i)
owners;
(ii)
directors;
(iii)
members of the governing body;
(iv)
employees;
(v)
providers of care;
(vi)
volunteers, except parents of children enrolled in the programs; and
(vii)
all adults residing in a residence where child care is provided.
(b)
(i)
The Utah Division of Criminal Investigation and Technical Services within the 
Department of Public Safety shall process the information required under 
Subsection (1)(a) to determine whether the individual has been convicted of any 
crime.
(ii)
The Utah Division of Criminal Investigation and Technical Services shall submit 
fingerprints required under Subsection (1)(a) to the FBI for a national criminal 
history record check.
(iii)
A person required to submit information to the department under Subsection (1) 
shall pay the cost of conducting the record check described in this Subsection 
(1)(b).
(c)
An exempt provider who provides care to a qualifying child as part of a program 
administered by an educational institution that is regulated by the State Board of 
Education is not subject to this Subsection (1), unless required by the Child Care and 
Development Block Grant, 42 U.S.C. Secs. 9857-9858r.
(2)
(a)
(i)
Each person 
requesting a residential certificate or
applying
 to be licensed or 
to renew a license under this part and each person described in Subsection 
26B-2-405
(1)(a)(viii) that is not a certified provider or a licensed provider shall 
submit to the department the name and other identifying information of any 
person 
age 12 through 17
who is at least 12 years old and no older than 17 years 
old and
 who resides in the residence where the child care is provided. 
(ii)
 The identifying information required for a person 
age 12 through 17
who is at 
least 12 years old and no older than 17 years old
 does not include fingerprints.
(b)
The department shall access the juvenile court records to determine whether a person 
described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of 
committing an act which if committed by an adult would be a felony or misdemeanor 
if:
(i)
the person described in Subsection (1) is 
under the age of 28
less than 28 years 
old
; or
(ii)
the person described in Subsection (1) is:
(A)
over the age of 28
older than 28 years old
; and
(B)
has been convicted, has pleaded no contest, or is currently subject to a plea in 
abeyance or diversion agreement for a felony or misdemeanor.
(3)
Except as provided in Subsections (4) and (5), a licensee under this part, a person 
described in Subsection 
26B-2-405
(1)(a)(viii) that is not a certified provider or a 
licensed provider, or an exempt provider may not permit a person who has been 
convicted, has pleaded no contest, or is currently subject to a plea in abeyance or 
diversion agreement for any felony or misdemeanor, or if the provisions of Subsection 
(2)(b) apply, who has been adjudicated in juvenile court of committing an act which if 
committed by an adult would be a felony or a misdemeanor, to:
(a)
provide child care;
(b)
provide volunteer services for a child care program or an exempt provider;
(c)
reside at the premises where child care is provided; or
(d)
function as an owner, director, or member of the governing body of a child care 
program or an exempt provider.
(4)
(a)
The department may, by rule, exempt the following from the restrictions of 
Subsection (3):
(i)
specific misdemeanors; and
(ii)
specific acts adjudicated in juvenile court, which if committed by an adult would 
be misdemeanors.
(b)
In accordance with criteria established by rule, the executive director may consider 
and exempt individual cases not otherwise exempt under Subsection (4)(a) from the 
restrictions of Subsection (3).
(5)
The restrictions of Subsection (3) do not apply to the following:
(a)
a conviction or plea of no contest to any nonviolent drug offense that occurred on a 
date 10 years or more before the date of the criminal history check described in this 
section; or
(b)
if the provisions of Subsection (2)(b) apply, any nonviolent drug offense adjudicated 
in juvenile court on a date 10 years or more before the date of the criminal history 
check described in this section. 
(6)
The department may retain background check information submitted to the department 
for up to one year after the day on which the covered individual is no longer associated 
with a Utah child care provider.
Section 6, Section 
78A-6-209
 is amended to read:
78A-6-209. Court records -- Inspection.
(1)
The juvenile court and the juvenile court's probation department shall keep records as 
required by the board and the presiding judge.
(2)
A court record shall be open to inspection by:
(a)
the parents or guardian of a child, a minor who is at least 18 years old, other parties 
in the case, the attorneys, and agencies to which custody of a minor has been 
transferred;
(b)
for information relating to adult offenders alleged to have committed a sexual 
offense, a felony or class A misdemeanor drug offense, or an offense against the 
person under Title 76, Chapter 5, Offenses Against the Individual, the State Board of 
Education
,
 for the purpose of evaluating whether an individual 
should be permitted 
to obtain or retain
obtains or retains
 a license as an educator or serve as an employee 
or volunteer in a school, with the understanding that the State Board of Education 
must
shall
 provide the individual with an opportunity to respond to any information 
gathered from the State Board of Education's inspection of the records before the 
State Board of Education makes a decision concerning licensure or employment;
(c)
the Criminal Investigations and Technical Services Division, established in Section 
53-10-103
, for the purpose of a criminal history background check for the purchase 
of a firearm and establishing good character for issuance of a concealed firearm 
permit as provided in Section 
53-5-704
;
(d)
the Division of Child and Family Services for the purpose of Child Protective 
Services Investigations in accordance with Sections 
80-2-602
 and 
80-2-701
 and 
administrative hearings in accordance with Section 
80-2-707
;
(e)
the Division of Licensing and Background Checks for the purpose of conducting a 
background check in accordance with Section 
26B-2-120
;
(f)
for information related to a minor who has committed a sexual offense, a felony, or 
an offense that if committed by an adult would be a misdemeanor, the Department of 
Health and Human Services
,
 for the purpose of evaluating under the provisions of 
Subsection 
26B-2-406
(3)
,
 whether a person 
should be permitted to operate a 
residential child care without a license or a certificate or to obtain or retain 
obtains 
or retains 
a license to provide child care, with the understanding that the department 
must
shall
 provide the individual who committed the offense with an opportunity to 
respond to any information gathered from the Department of Health and Human 
Services' inspection of records before the Department of Health and Human Services 
makes a decision concerning licensure;
(g)
for information related to a minor who has committed a sexual offense, a felony, or 
an offense that if committed by an adult would be a misdemeanor, the Department of 
Health and Human Services
,
 to determine whether an individual meets the 
background screening requirements of Sections 
26B-2-238
 through 
26B-2-241
, with 
the understanding that the department 
must
shall
 provide the individual who 
committed the offense an opportunity to respond to any information gathered from 
the Department of Health and Human Services' inspection of records before the 
Department of Health and Human Services makes a decision under that part; and
(h)
for information related to a minor who has committed a sexual offense, a felony, or 
an offense that if committed by an adult would be a misdemeanor, the Bureau of 
Emergency Medical Services
,
 to determine whether to grant, deny, or revoke 
background clearance under Section 
53-2d-410
 for an individual who is seeking or 
who has obtained an emergency medical service personnel license under Section 
53-2d-402
, with the understanding that the Bureau of Emergency Medical Services 
must
shall
 provide the individual who committed the offense an opportunity to 
respond to any information gathered from the inspection of records before the Bureau 
of Emergency Medical Services makes a determination.
(3)
With the consent of the juvenile court, a court record may be inspected by the child, by 
persons having a legitimate interest in the proceedings, and by persons conducting 
pertinent research studies.
(4)
(a)
Except as provided in Subsection (4)(b), if a petition is filed charging a minor who 
is 14 years old or older with an offense that would be a felony if committed by an 
adult, the juvenile court shall make available to any person upon request the petition, 
any adjudication or disposition orders, and the delinquency history summary for the 
minor.
(b)
A juvenile court may close the records described in Subsection (4)(a) to the public if 
the juvenile court finds, on the record, that the records are closed for good cause.
(5)
A juvenile probation officer's records and reports of social and clinical studies are not 
open to inspection, except by consent of the juvenile court, given under rules adopted by 
the board.
(6)
The juvenile court may charge a reasonable fee to cover the costs associated with 
retrieving a requested record that has been archived.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-4-25 11:46 AM