No. 40160 (Amendment): Rule R430-50. Residential Certificate Child Care

(Amendment)

DAR File No.: 40160
Filed: 01/28/2016 03:36:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes are mostly to clarify rules and to facilitate compliance with required training topics and written policies and procedures and emergency and disaster plans.

Summary of the rule or change:

The proposed changes include clarification of some terms, language required to adjust the policies and procedures, and emergency and disaster plan to the new federal Office of Child Care training requirements, and renumbering.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 3

Anticipated cost or savings to:

the state budget:

No state agencies operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change.

local governments:

No local governments operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change.

small businesses:

All residential certificate providers are small businesses. However, the proposed changes are mostly documentation of policies and procedures and emergency and disaster plan and training for caregivers, which is provided by Child Care Licensing at no cost. The Department does not anticipate any new costs or savings to child care small business.

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

Because this rule will not change any of the requirements for child care programs, except required training for caregivers which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses.

Compliance costs for affected persons:

Because this rule will not change any of the requirements for child care programs, the Department does not anticipate any compliance costs for affected persons.

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

There is no fiscal impact to business because any required training for child care programs is provided at no cost.

Joseph Miner, 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
Family Health and Preparedness, Child Care Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Simon Bolivar at the above address, by phone at 801-803-4618, by FAX at 801-237-0786, 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:

03/16/2016

This rule may become effective on:

03/24/2016

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

R430. Health, Family Health and Preparedness, Child Care Licensing.

R430-50. Residential Certificate Child Care.

R430-50-2. Definitions.

(1) "Body fluid" means blood, urine, feces, vomit, mucus, and saliva.

(2) "Caregiver" means an individual who provides direct care to children.

([2]3) "Certificate holder" means the person holding a Department of Health child care certificate.

([3]4) "Department" means the Utah Department of Health.

([4]5) "Emotional abuse" means behavior that could impair a child's emotional development, such as threatening, intimidating, humiliating, or demeaning a child, constant criticism, rejection, profane language, and inappropriate physical restraint.

([5]6) "Health care provider" means a licensed professional with prescriptive authority, such as a physician, nurse practitioner, or physician's assistant.

([6]7) "Inaccessible to children" means:

(a) locked, such as in a locked room, cupboard or drawer;

(b) secured with a child safety device, such as a child safety cupboard lock or doorknob device;

(c) behind a properly secured child safety gate;

(d) located in a cupboard or on a shelf more than 36 inches above the floor; or

(e) not in any location in a bathroom where a child could reach, including by climbing on a toilet, bathtub, or counter.

([7]8) "Infant" means a child aged birth through 11 months of age.

([8]9) "Infectious disease" means an illness that is capable of being spread from one person to another.

([9]10) "Over-the-counter medication" means medication that can be purchased without a written prescription. This includes herbal remedies and vitamin and mineral supplements.

([10]11) "Parent" means the parent or legal guardian of a child in care.

([11]12) "Physical abuse" means causing non-accidental physical harm to a child.

([12]13) "Preschooler" means a child aged 2 through 4, and 5 year olds who have not yet started kindergarten.

([13]14) "Provider" means the certificate holder [or a substitute].

([14]15) "Related children" means children for whom a provider is the parent, legal guardian, step-parent, grandparent, step-grandparent, great-grandparent, sibling, step-sibling, aunt, step-aunt, great-aunt, uncle, step-uncle, or great-uncle.

([15]16) "Sanitize" means to reduce the number of germs on a surface to such a level that disease transmission by that surface is unlikely.

([16]17) "School age" means children ages five through twelve.

([17]18) "Sexual abuse" means abuse as provided in Utah Code, Section 76-5-404.1.

([18]19) "Sexually explicit material" means any depiction of sexually explicit conduct, as defined in Utah Code, Section 76-5a-2(8).

([19]20) "Sleeping equipment" means a cot, mat, crib, bassinet, porta-crib, play pen, or bed.

([20]21) "Stationary play equipment" means equipment such as a climber, a slide, a swing, a merry-go-round, or a spring rocker that is meant to stay in one location when a child uses it. Stationary play equipment does not include:

(a) a sandbox;

(b) a stationary circular tricycle;

(c) a sensory table; or

(d) a playhouse, if the playhouse has no play equipment, such as a slide, swing, ladder, or climber attached to it.

([21]22) "Strangulation hazard" means something on a component of playground equipment on which a child's clothes or something around a child's neck could become caught. For example, bolt ends that extend more than two threads beyond the face of the nut, hardware configurations that form a hook or leave a gap or space between components, and open "S" type hooks.

([22]23) "Supervision" means the function of observing, overseeing, and guiding a child or group of children.

([23]24) "Substitute" means a person who assumes the certificate holder's duties under this rule when the certificate holder is not present. This includes emergency substitutes.

([24]25) "Toddler" means a child aged 12 months but less than 24 months.

([25]26) "Unrelated children" means children who are not related children.

([26]27) "Use zone" means the area beneath and surrounding a play structure or piece of equipment that is designated for unrestricted movement around the equipment, and onto which a child falling from or exiting the equipment could be expected to land.

([27]28) "Volunteer" means a person who provides direct care to a child but does not receive direct or indirect compensation for doing so. A volunteer is not included in the provider to child ratio.

 

R430-50-7. Personnel.

(1) The certificate holder and all substitutes must:

(a) be at least 18 years of age; and

(b) have knowledge of and comply with all applicable laws and rules.

(2) The certificate holder may make arrangements for a substitute who is at least 18 years old and who is capable of providing care, supervising children, and handling emergencies in the absence of the certificate holder.

(3) Substitutes who care for children an average of 10 hours per week or more shall meet the training [first aid and CPR ]requirements of this rule.

(4) In an unforeseeable emergency, such as a medical emergency requiring immediate care at a hospital or at an urgent care center or a lost child, the certificate holder may assign an emergency substitute who has not had a criminal background screening to care for the children. The certificate holder may use an emergency substitute for up to 24 hours for each emergency event.

(a) The emergency substitute shall be at least 18 years of age.

(b) The emergency substitute is not required to meet the training, first aid and CPR, and TB screening requirements of this rule.

(c) The emergency substitute cannot be a person who has been convicted of a felony or misdemeanor or has been investigated for abuse or neglect by any federal, state, or local government agency. The emergency substitute must provide a signed, written declaration to the certificate holder that he or she is not disqualified under this subsection.

(d) During the term of the emergency, the emergency substitute may be counted as a provider for the purpose of maintaining the required provider to child ratios.

(e) The certificate holder shall make reasonable efforts to minimize the time that the emergency substitute has unsupervised contact with the children in care.

(5) Any new non-emergency substitute or volunteer shall receive [orientation ]at least 2.5 hours of pre-service training prior to assuming caregiving duties. [Orientation ]Pre-service training shall be documented in the individual's file and shall include the following topics:

[(a) the certificate holder's emergency and disaster plan;

(b) the current child care certificate rules found in Sections R430-50-11 through 24;

(c) a review of the information in the health assessment for each child in care;

(d) procedure for releasing children to authorized individuals only;

(e) proper clean up of body fluids;

(f) signs and symptoms of child abuse and neglect, including child sexual abuse, and legal reporting requirements for witnessing or suspicion of abuse, neglect, and exploitation;

(g) obtaining assistance in emergencies; and

(h) if the certificate holder accepts infants or toddlers for care, orientation training topics shall also include:

(i) preventing shaken baby syndrome and coping with crying babies; and

(ii) preventing sudden infant death syndrome.]

(a) the Department-approved certificate holder's written policies and procedures;

(b) the Department-approved certificate holder's emergency and disaster plan;

(c) the current child care licensing rules found in Sections R430-50-11 through 24;

(d) a review of the information in the health assessment for each child in care;

(e) signs and symptoms of child abuse and neglect, including child sexual abuse, and legal reporting requirements for witnessing or suspicion of abuse, neglect, and exploitation;

(f) recognizing the signs of homelessness and available assistance

(g) preventing shaken baby syndrome, abusive head trauma, and coping with crying babies; and

(h) prevention of sudden infant death syndrome and use of safe sleeping practices.

(6) The certificate holder shall complete a minimum of 10 hours of child care training each year, based on the certificate date. A minimum of 5 hours of the required annual training shall be face-to-face instruction.

(a) Documentation of annual training shall be kept on file, and shall include the name of the training organization, the date, the training topic, and the total hours or minutes of training.

(b) Annual training hours shall include the following topics at least once every two years:

(i) a review of all of the current child care certificate rules found in Sections R430-50-11 through 24;

(ii) a review of the Department-approved certificate holder's written policies and procedures and emergency and disaster plan, including any updates;

([ii]iii) signs and symptoms of child abuse and neglect, including child sexual abuse, and legal reporting requirements for witnessing or suspicion of abuse, neglect, and exploitation;

([iii]iv) principles of child growth and development, including development of the brain; [and]

(v) recognizing the signs and symptoms of homelessness and available assistance;

([iv]vi) positive guidance; [and

(c) if the certificate holder accepts infants or toddlers for care, required training topics shall also include:]

([i]vii) preventing shaken baby syndrome and abusive head trauma, and coping with crying babies; and

(ii) [preventing ]prevention of sudden infant death syndrome and use of safe sleeping practices.

 

R430-50-8. Administration.

(1) The certificate holder is responsible for all aspects of the operation and management of the child care program.

(2) The certificate holder shall comply with all federal, state, and local laws and rules pertaining to the operation of a child care program.

(3) The certificate holder shall not engage in or allow conduct that is adverse to the public health, morals, welfare, and safety of the children in care.

(4) The certificate holder shall take all reasonable measures to protect the safety of each child in care. The certificate holder shall not engage in activity or allow conduct that unreasonably endangers any child in care.

(5) Either the certificate holder or a substitute with authority to act on behalf of the certificate holder shall be present whenever there is a child in care.

(6) Each week, the certificate holder shall be present at the home at least 50% of the time that one or more children are in care.

(7) There shall be a working telephone in the home. The certificate holder shall inform the parents of each child in care and the Department of any changes to the certificate holder's telephone number within 48 hours of the change.

(8) [ ]The provider shall report to the Child Care Licensing Program within the next Department business day any fatality, hospitalization, emergency medical response, or injury that requires attention from a health care provider, unless that medical service was part of the child's medical treatment plan identified by the parent. The provider shall also submit a written report to Child Care Licensing within five working days of the incident.

(9) The certificate holder shall train and supervise all substitutes to:

(a) ensure their compliance with this rule;

(b) ensure they meet the needs of the children in care as specified in this rule; and

(c) ensure that children are not subjected to emotional, physical, or sexual abuse while in care.

(10) The certificate holder shall submit to the Department written policies and procedures for approval on a form provided by Child Care Licensing.

 

R430-50-10. Emergency Preparedness.

(1) The certificate holder shall post the home's street address and emergency numbers, including ambulance, fire, police, and poison control, near the telephone.

(2) At least on adult at the facility, at all times when children are in care, [The certificate holder and all substitutes who care for children an average of 10 hours per week or more ]shall maintain a current Red Cross, American Heart Association, or equivalent first aid and infant and child CPR certification. Equivalent CPR certification must include hands-on testing.

[(3) The certificate holder shall have an emergency and disaster plan which shall include at least the following:

(a) procedures for responding to medical emergencies and serious injuries that require treatment by a health care provider;

(b) procedures for responding to fire, earthquake, flood, power failure, and water failure;

(c) the location of and procedure for emergency shut off of gas, electricity, and water;

(d) procedures to be followed if a child is missing;

(e) the name and phone number of a substitute to be called in the event the certificate holder must leave the home for any reason; and

] (3) The certificate holder shall submit to the Department a written emergency and disaster plan for approval on a form provided by Child Care Licensing.

(4) The certificate holder shall ensure that the emergency and disaster plan is followed in the event of an emergency.

(5) The certificate holder shall conduct fire evacuation drills semi-annually. Drills shall include complete exit of all children and staff from the home.

(6) The certificate holder shall conduct drills for disasters other than fires at least once every 12 months.

(7) The certificate holder shall vary the days and times on which fire and other disaster drills are held.

 

R430-50-20. Activities.

(1) The certificate holder shall offer daily activities to support each child's healthy physical, including gross motor, social-emotional, and cognitive-language development.

(2) The certificate holder shall ensure that the toys and equipment necessary to carry out the activities are accessible to children.

(3) If off-site activities are offered:

(a) the certificate holder shall obtain parental consent for off-site activities in advance;

(b) the certificate holder shall accompany the children and shall take a copy of each child's emergency contact information.

(c) the certificate holder shall maintain required provider to child ratios and direct supervision during the activity;

(d) at least one provider present shall have a current Red Cross, American Heart Association, or equivalent first aid and infant and child CPR certification. Equivalent CPR certification must include hands-on testing. And

(e) the certificate holder shall ensure that there is a way for each provider, volunteer, and child to wash his or her hands as specified in R430-50-16(1) and (2). If there is no source of running water, providers, volunteers, and children may clean their hands with individual disposable wet wipes and hand sanitizer.

(4) If off-site swimming activities are offered, providers shall remain with the children during the activity, and lifeguards and pool personnel shall not count toward the provider to child ratio.

 

KEY: child care facilities, residential certification

Date of Enactment or Last Substantive Amendment: [2015]2016

Notice of Continuation: May 29, 2013

Authorizing, and Implemented or Interpreted Law: 26-39

 

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