No. 31819 (Repeal and Reenact): R430-8. Exemptions From Child Care Licensing

DAR File No.: 31819
Filed: 08/14/2008, 02:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rulemaking action is to clarify which programs are exempt from licensure by the Department of Health as child care programs. These modifications are being made to bring our rule in line with changes to our statute that were made in the 2008 Legislative session, in S.B. 184. (DAR NOTE: S.B. 184 (2008) is found at Chapter 111, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The changes clarify the definitions for "private" and "parochial" education institutions, "care not in lieu of parental care", and "relative care".

State statutory or constitutional authorization for this rule:

Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

The agency does not anticipate a cost or saving to the state budget, because the clarifications made this rule do not substantially affect the workload of Department of Health staff.

local governments:

The agency does not anticipate a cost or saving to local government, because child care programs operated by local governments are not affected by this rule change, nor does this rule change require additional or less work on the part of local government.

small businesses and persons other than businesses:

Approximately 30-40 child care programs, primarily located in gyms, will see a cost saving of their annual child care licensing fees ($25 plus $1.50 per child, annually), because they will no longer be required to be licensed. The total amount of this saving will depend on the number of children the facility is licensed for. This will only apply to those programs where the parent remains on-site while the care is provided, and the care is for less than 4 hours a day.

Compliance costs for affected persons:

Because this rule does not require any child care programs that are not currently licensed to become licensed, there will be no compliance costs for affected persons.

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

This rule change will have a positive fiscal impact on regulated business. 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
CANNON HEALTH BLDG
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:

10/01/2008

This rule may become effective on:

10/15/2008

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

DAR NOTE: Due to a publication error, the text that should have appeared under the new R430-8-1 was omitted from the 9/1/2008 issue of the Utah State Bulletin. A correction notice will appear in the 9/15/2008 issue of the Bulletin with the missing text.

R430. Health, Health Systems Improvement, ChildCare Licensing.

[R430-8. Exclusions From Child Care Licensing -Parochial Education Institution.

R430-8-1. Legal Authority.

This rule is promulgatedpursuant to Title 26, Chapter 39.

 

R430-8-2. Purpose.

The purpose of this rule is todefine what constitutes child care at a parochial education institution.

 

R430-8-3. Parochial Education Institution.

(1) Care provided to children in a physical structure controlled by aparochial institution will be considered to be at a parochial educationinstitution if:

(a) All children in care are over the age of three;

(b) The institution has a written curriculum used as part of a courseof study for the children in care;

(c) A majority of the time that a child is in care is devoted tostudying the established curriculum; and

(d) The parochial institution has a governing board that activelysupervises and directs the curriculum and program used by the institution.

(2) Care provided to children in a physical structure controlled by aparochial institution may be considered to be at a parochial educationinstitution if three of the four requirements in R430-8-3(1) are met; and theinstitution is able to satisfy the Department that the care provided is clearlyeducational rather than primarily care in lieu of that which a parent provides.

 

R430-8-4. Exclusion for Parochial EducationInstitution.

Care provided to children at aparochial education institution is excluded from the requirement of obtaining alicense under subsection 26-39-105(6). All other child care provided at a parochial institution is subject tothe requirement of obtaining a license under R430-100.]

R430-8. Exemptions From Child Care Licensing.

R430-8-1. Legal Authority.

R430-8-2. Purpose.

This rule defines whatconstitutes child care that is exempt from regulation by the Utah Department ofHealth, Bureau of Child Care Licensing.

 

R430-8-3. Definitions.

(1) "Parochial education institution" means an institutionthat meets all of the following criteria:

(a) operates as a substitute for, and gives the equivalent of,instruction required in public schools for any grade from first through twelfthgrade;

(b) has a governing board that actively supervises and directs theeducational curriculum used by the institution and exercises oversight over thehealth and safety of the children in the program;

(c) is owned and operated by a religious institution that isregistered with the federal government as 501(c)(3) religious organization;

(d) is not directly funded at public expense;

(e) does not receive:

(i) child care subsidy funds, directly or indirectly, from theDepartment of Workforce Services; or

(ii) child care food program funds, directly or indirectly, from theState Office of Education; and

(f) does not provide instruction in the home in lieu of instructionrequired in public schools for any grade from first through twelfth grade.

(2) "Private education institution" means an institutionthat meets all of the following criteria:

(a) operates as a substitute for, and gives the equivalent of,instruction required in public schools for any grade from first through twelfthgrade;

(b) has a governing board that actively supervises and directs theeducational curriculum used by the institution, and exercises oversight overthe health and safety of the children in the program;

(c) is not directly funded at public expense;

(d) does not receive:

(i) child care subsidy funds, directly or indirectly, from theDepartment of Workforce Services; or

(ii) child care food program funds, directly or indirectly, from theState Office of Education; and

(e) does not provide instruction in the home in lieu of instructionrequired in public schools for any grade from first through twelfth grade.

(3) "Public school" means a school, including a charterschool, that is directly funded at public expense and is regulated by a boardof education governed by Title 53A, Chapter 3, Local School Boards.

(4) "Related children" means children for whom the childcare provider is the:

(a) parent, legal guardian, or step-parent;

(b) grandparent, step-grandparent, or great-grandparent;

(c) sibling or step-sibling; or

(d) aunt, uncle, step-aunt, step-uncle, great-aunt, or great-uncle.

 

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

(1) The Department does not issue licenses for care that meets all ofthe following:

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

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

(c) the program does not diaper children; and

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

 

R430-8-5. Care Under Other Government Oversight.

(1) A license is not required for care provided at a facility that isowned or operated by the federal government.

(2) A license is not required for care provided by a program that isowned or operated by the federal government.

(3) A license is not required for care provided as part of a summercamp that operates on federal land pursuant to a federal permit.

(4) A license is not required for care provided by an organization thatqualifies for tax exempt status under Section 501(c)(3) of the Internal RevenueCode, if:

(a) the care is provided pursuant to a written agreement with a localmunicipality or a county;

(b) the local municipality or county provides oversight of theprogram; and

(c) all of the children in care are over age four.

(5) A license is not required for care provided at a residentialsupport program that is licensed by the Department of Human Services.

 

R430-8-6. Mental Health Counseling.

A license is not required forgroup counseling of children provided by a mental health therapist who islicensed to practice in this state, as defined in Utah Code 58-60-102.

 

R430-8-7. Relative Care.

The Department does not issuelicenses or certificates to persons who only care for related children.

 

R430-8-8. Care in the Home of the Provider.

(1) A license or certificate is not required for care provided in thehome of the provider for less than four hours per day, or for fewer than fivechildren in the home at one time.

(2) The Department does not issue licenses or certificates for careprovided in the home of the provider on a sporadic basis only.

 

R430-8-9. Care Provided by an Educational Institution.

(1) A license is not required for care provided by or at a publicschool or as part of a course of study at a public school.

(2) A license is not required for care provided at a public orprivate institution of higher education if the care is provided in connectionwith a course of study at the institution of higher education.

(3) A license is not required for:

(a) care provided as part of a course of study at a private educationinstitution; or

(b) care provided as part of a program administered by a privateeducation institution.

(4) A license is not required for care provided by a parochialeducation institution.

 

KEY: child care facilities

Date of Enactment orLast Substantive Amendment: [September22, 1999]2008

Notice of Continuation: June 16, 2004

Authorizing, andImplemented or Interpreted Law: 26-39