R381-70-7. Personnel and Training Requirements

  (1) The provider shall ensure that all employees and volunteers are supervised, qualified, and trained to:

  (a) meet the needs of the children as required by rule, and

  (b) be in compliance with all licensing rules.

  (2) The provider shall ensure that the program has a qualified director as required by licensing rules.

  (3) The director shall:

  (a) be at least 21 years of age;

  (b) pass a CCL background check;

  (c) receive at least 2.5 hours of preservice training before beginning job duties;

  (d) complete the new director training offered by the Department within 60 working days of assuming director duties;

  (e) have knowledge of and follow all applicable laws and rules; and

  (f) complete at least 10 hours of training each year, based on the facility's license date.

  (4) New directors shall have one of the following educational credentials:

  (a) any bachelor's or higher education degree, and at least 60 clock hours of approved Utah Early Childhood Career Ladder courses in child development, social/emotional development, and the child care environment; or 60 clock hours of equivalent training as approved by the Department;

  (b) at least 12 college credit hours of child development courses, elementary education, or related field;

  (c) a currently valid national certification such as a Certified Childcare Professional (CCP) issued by the National Child Care Association, a Child Development Associate (CDA) issued by the Council for Early Childhood Professional Recognition, or other equivalent credential as approved by the Department;

  (d) at least a Level 9 from the Utah Early Childhood Career Ladder system; or

  (e) a National Administrator Credential (NAC) and at least 60 clock hours of approved Utah Early Childhood Career Ladder courses in child development, social/emotional development, and the child care environment; or 60 clock hours of equivalent training as approved by the Department.

  (5) The director shall be on duty at the facility for at least 50% of the time the program is open for business and have sufficient freedom from other responsibilities to manage the program and respond to emergencies.

  (6) The director shall arrange for a designee who shall have authority to act on behalf of the director in the director's absence.

  (7) The director designee shall:

  (a) be at least 21 years of age;

  (b) pass a CCL background check;

  (c) receive at least 2.5 hours of preservice training before beginning job duties;

  (d) have knowledge of and follow all applicable laws and rules; and

  (e) complete at least 10 hours of training each year, based on the facility's license date.

  (8) The director or the director designee shall be present at the facility whenever the program is open for business.

  (9) Staff working with the children shall:

  (a) be at least 16 years old;

  (b) pass a CCL background check;

  (c) receive at least 2.5 hours of preservice training before working with children;

  (d) have knowledge of and follow all applicable laws and rules; and

  (e) complete at least 10 hours of training each year, based on the facility's license date.

  (10) Substitutes shall:

  (a) be at least 18 years old;

  (b) pass a CCL background check;

  (c) be capable of providing out-of-school-time program services, including supervising children, and handling emergencies in the staff member's absence;

  (d) receive at least 2.5 hours of preservice training before working with children; and

  (e) complete at least 1/2 hour of child related training for each month they work 40 hours or more.

  (11) All other staff such as drivers, cooks, and clerks shall:

  (a) pass a CCL background check,

  (b) receive at least 2.5 hours of preservice training before beginning job duties,

  (c) have knowledge of and follow all applicable laws and rules, and

  (d) not have unsupervised contact with any child in in the program if the employee is younger than 16 years of age.

  (12) Volunteers shall:

  (a) pass a CCL background check, and

  (b) not have unsupervised contact with any child in the program if the volunteer is younger than 18 years of age.

  (13) Guests:

  (a) shall not have unsupervised contact with any child in the program,

  (b) shall wear a guest nametag, and

  (c) are not required to pass a CCL background check.

  (14) Student interns who are registered and participating in a high school or college child care course:

  (a) are not required to pass a CCL background check,

  (b) shall not have unsupervised contact with any child in the program, and

  (c) shall wear a guest nametag.

  (15) Parents of children enrolled in the program:

  (a) shall not have unsupervised contact with any child in the program except their own, and

  (b) do not need a CCL background check unless involved with children in the program.

  (16) Household members who are:

  (a) 12 to 17 years old shall pass a CCL background check;

  (b) 18 years of age or older shall pass a CCL background check that includes fingerprints; and

  (c) younger than 18 years of age shall not have unsupervised contact with any child in the program including during offsite activities and transportation.

  (17) Individuals who provide IEP or IFSP services such as physical, occupational, or speech therapists:

  (a) are not required to have a CCL background check as long as the child's parent has given permission for services to take place at the facility; and

  (b) shall provide proper identification before having access to the facility or a child at the facility.

  (18) Members from law enforcement or from Child Protective Services:

  (a) are not required to have a CCL background check, and

  (b) shall provide proper identification before having access to the facility or a child at the facility.

  (19) Preservice training shall include the following:

  (a) job description and duties;

  (b) current Department rule sections R381-70-7 through 21;

  (c) the Department-approved health and safety plan that includes preparing for and responding to emergencies;

  (d) prevention, signs and symptoms of child abuse and neglect, including child sexual abuse, and legal reporting requirements;

  (e) recognizing the signs of homelessness and available assistance;

  (f) a review of the information in each child's health assessment in the staff member's assigned group; and

  (g) an introduction and orientation to the children being served.

  (20) Documentation of each individual's preservice training shall be kept on-site for review by the Department and include the following:

  (a) training topics,

  (b) date of the training, and

  (c) total hours or minutes of training.

  (21) Annual training shall include the following topics:

  (a) current Department rule sections R381-70-7 through 21;

  (b) the Department-approved health and safety plan that includes preparing for and responding to emergencies;

  (c) the prevention, signs and symptoms of child abuse and neglect, including child sexual abuse, and legal reporting requirements;

  (d) principles of child growth and development, including brain development;

  (e) positive guidance and interactions with children; and

  (f) recognizing the signs of homelessness and available assistance.

  (22) At least half of the annual training hours shall be face-to-face instruction.

  (23) Individuals who are required to receive annual training and who begin employment partway through the facility's license year shall complete a proportionate number of training hours including the face-to-face instruction.

  (24) Documentation of each individual's annual training shall be kept on-site for review by the Department and include the following:

  (a) training topic,

  (b) date of the training,

  (c) whether the training was face-to-face or non-face-to-face instruction,

  (d) name of the person or organization that presented the training, and

  (e) total hours or minutes of training.

  (25) Whenever there are children at the facility, there shall be at least one staff member present who can demonstrate English literacy skills needed to work with the children and respond to emergencies.

  (26) At least one staff member with a current Red Cross, American Heart Association, or equivalent first aid and infant/child CPR certification shall be present when children are receiving services:

  (a) at the facility,

  (b) in each vehicle transporting children, and

  (c) at each offsite activity.

  (27) CPR certification shall include hands-on testing.

  (28) The following records for each covered individual shall be kept on-site for review by the Department:

  (a) the date of initial employment or association with the program;

  (b) a current first aid and CPR certification, if required in rule; and

  (c) a six-week record of the times worked each day.