No. 33084 (Amendment): Rule R430-8. Exemptions From Child Care Licensing

(Amendment)

DAR File No.: 33084
Filed: 10/22/2009 08:56:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify that a license is not required if a person only provides child care on one or two days per week, and that a voluntary license is available to most programs who are exempt under this rule.

Summary of the rule or change:

This change clarifies that a license is not required if a person only provides child care on one or two days per week, and that a voluntary license is available to most programs who are exempt under this rule.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

Because this change does not require any currently unlicensed programs to become licensed, there is no anticipated costs or savings to the state budget. There are one to ten additional programs that may choose to voluntarily license with the clarification that a license is available, but this many additional programs could easily be absorbed into current licensor caseloads.

local governments:

There are no programs operated by local governments that the Department is aware of that would be affected by this rule change, there is no anticipated costs or savings to local governments.

small businesses:

Almost all child care programs are small businesses. The Department is not aware of any facilities who will now be required to license as a result of this rule change. Those who choose to voluntarily license with the clarification that a voluntary license is available will have the increased cost of a yearly licensing fee.

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

For any affected child care program that is not a small business, those who choose to voluntarily license with the clarification that a voluntary license is available will have the increased cost of a yearly licensing fee.

Compliance costs for affected persons:

A program that chooses to voluntarily become licensed as a result of this change would incur and annual license fee of $25, plus $1.50 for each child slot in their program.

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

Any fiscal impact will be voluntarily incurred when an exempt business chooses to be licensed.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Child Care Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Teresa Whiting at the above address, by phone at 801-538-6320, by FAX at 801-538-6325, or by Internet E-mail at [e-mail]

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:

12/15/2009

This rule may become effective on:

01/01/2010

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R430. Health, Health Systems Improvement, Child Care Licensing.

R430-8. Exemptions From Child Care Licensing.

R430-8-4. Care Not in Lieu of Parental Care.

(1) [The Department does not issue licenses] A license is not required for care that meets all of the following:

(a) the parent is physically present in the building where the care is provided, at all times while the care is being provided, and is near enough to reach his or her child to provide care within five minutes if needed;

(b) the duration of the care is less than four hours for any individual child in any one day;

(c) the program does not diaper children; and

(d) the program does not prepare or serve meals to children.

 

R430-8-10. Care for Less Than Three Days a Week.

(1) A license or certificate is not required if the provider offers care on no more than two days during any calendar week. A calendar week means from Sunday through Saturday.

 

R430-8-11. Voluntary Licensure.

(1) A child care provider defined as exempt under this rule may voluntarily receive a license and agree to be subject to all of the terms and conditions of the license, except for the following:

(a) relative care under section R430-8-7 above: and

(b) care provided in the home of the provider on a sporadic basis only under subsection R430-8-8(2) above.

 

KEY: child care facilities

Date of Enactment or Last Substantive Amendment: [ November 1, 2008 ] 2009

Notice of Continuation: May 19, 2009

Authorizing, and Implemented or Interpreted Law: 26-39

 

---