R381-100-2. Definitions

  (1) "Applicant" means a person or business who has applied for a new or a renewal of a license, certificate, or exemption from Child Care Licensing.

  (2) "ASTM" means American Society for Testing and Materials.

  (3) "Background Finding" means information in a background check that may result in a denial from Child Care Licensing.

  (4) "Background Check Denial" means that an individual has failed the background check and is prohibited from being involved with a child care program.

  (5) "Barrier" means an enclosing structure such as a fence, wall, bars, railing, or solid panel to prevent accidental or deliberate movement through or access to something.

  (6) "Body Fluid" means blood, urine, feces, vomit, mucus, and/or saliva.

  (7) "Business Days/Hours" means the days of the week and times the facility is open for business.

  (8) "Capacity" means the maximum number of children for whom care can be provided at any given time.

  (9) "Caregiver-to-Child Ratio" means the number of caregivers responsible for a specific number of children.

  (10) "CCL" means the Child Care Licensing Program in the Department of Health that is delegated with the responsibility to enforce the Utah Child Care Licensing Act.

  (11) "Child Care" means continuous care and supervision of 5 or more qualifying children that is:

  (a) in place of care ordinarily provided by a parent in the parent's home,

  (b) for less than 24 hours a day, and

  (c) for direct or indirect compensation.

  (12) "Child Care Center Licensing Committee" means the Child Care Center Licensing Committee created in the Utah Child Care Licensing Act.

  (13) "Child Care Program" means a person or business that offers child care.

  (14) "Choking Hazard" means an object or a removable part on an object with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches that could be caught in a child's throat blocking their airway and making it difficult or impossible to breathe.

  (15) "Conditional Status" means that the provider is at risk of losing their child care license because compliance with licensing rules has not been maintained.

  (16) "Covered Individual" means any of the following individuals involved with a child care program:

  (a) an owner;

  (b) a director;

  (c) a member of the governing body;

  (d) an employee;

  (e) a caregiver;

  (f) a volunteer, except a parent of a child enrolled in the child care program;

  (g) an individual age 12 years or older who resides in the facility; and

  (h) anyone who has unsupervised contact with a child in care.

  (17) "CPSC" means the Consumer Product Safety Commission.

  (18) "Department" means the Utah Department of Health.

  (19) "Designated Play Surface" means any accessible elevated surface for standing, walking, crawling, sitting or climbing; or an accessible flat surface at least 2 by 2 inches in size and having an angle less than 30 degrees from horizontal.

  (20) "Director" means a person who meets the director qualifications in this rule, and who assumes the child care program's day-to-day responsibilities for compliance with Child Care Licensing rules.

  (21) "Emotional Abuse" means behavior that could harm a child's emotional development, such as threatening, intimidating, humiliating, demeaning, criticizing, rejecting, using profane language, and/or using inappropriate physical restraint.

  (22) "Entrapment Hazard" means an opening greater than 3-1/2 by 6-1/4 inches and less than 9 inches in diameter where a child's body could fit through but the child's head could not fit through, potentially causing a child's entrapment and strangulation.

  (23) "Facility" means a child care program or the premises approved by the Department to be used for child care.

  (24) "Group" means the children who are supervised by one or more caregivers in an individual room or in an area within a room that is defined by furniture or other partition.

  (25) "Group Size" means the number of children in a group.

  (26) "Guest" means an individual who is not a covered individual and is at the child care facility with the provider's permission.

  (27) "Health Care Provider" means a licensed health professional, such as a physician, dentist, nurse practitioner, or physician's assistant.

  (28) "Homeless" means anyone who lacks a fixed, regular, and adequate nighttime residence as described in the McKinney-Vento Act. McKinney-Vento Homeless Assistance Act (Title IX, Part A of ESSA)

  (29) "Inaccessible" means out of reach of children by being:

  (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 that is at least 36 inches above the floor; or

  (e) in a bathroom, at least 36 inches above any surface from where a child could stand or climb.

  (30) "Infant" means a child who is younger than 12 months of age.

  (31) "Infectious Disease" means an illness that is capable of being spread from one person to another.

  (32) "Involved with Child Care" means to do any of the following at or for a child care program licensed by the Department:

  (a) provide child care;

  (b) volunteer at a child care program;

  (c) own, operate, direct, or be employed at a child care program;

  (d) reside at a facility where child care is provided; or

  (e) be present at a facility while care is being provided, except for authorized guests or parents who are dropping off a child, picking up a child, or attending a scheduled event at the child care facility.

  (33) "License" means a license issued by the Department to provide child care services.

  (34) "Licensee" means the legally responsible person or business that holds a valid license from Child Care Licensing.

  (35) "LIS Supported Finding" means background check information from the Licensing Information System (LIS) database for child abuse and neglect, maintained by the Utah Department of Human Services.

  (36) "McKinney-Vento Act" means a federal law that requires protections and services for children and youth who are homeless including those with disabilities. McKinney-Vento Homeless Assistance Act (Title IX, Part A of ESSA)

  (37) "Over-the-Counter Medication" means medication that can be purchased without a written prescription including herbal remedies, vitamins, and mineral supplements.

  (38) "Parent" means the parent or legal guardian of a child in care.

  (39) "Person" means an individual or a business entity.

  (40) "Physical Abuse" means causing nonaccidental physical harm to a child.

  (41) "Play Equipment Platform" means a flat surface on a piece of stationary play equipment intended for more than one child to stand on, and upon which the children can move freely.

  (42) "Preschooler" means a child age 2 through 4 years old.

  (43) "Protective Barrier" means a structure such as bars, lattice, or a panel that is around an elevated platform and is intended to prevent accidental or deliberate movement through or access to something.

  (44) "Protective Cushioning" means a shock-absorbing surface under and around play equipment that reduces the severity of injuries from falls.

  (45) "Provider" means the legally responsible person or business that holds a valid license from Child Care Licensing.

  (46) "Qualifying Child" means:

  (a) a child who is younger than 13 years old and is the child of a person other than the child care provider or caregiver,

  (b) a child with a disability who is younger than 18 years old and is the child of a person other than the provider or caregiver, or

  (c) a child who is younger than 4 years old and is the child of the provider or a caregiver.

  (47) "Related Child" means a child 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.

  (48) "Sanitize" means to use a chemical product to remove soil and bacteria from a surface or object.

  (49) "School-Age Child" means a child age 5 through 12 years old.

  (50) "Sexual Abuse" means abuse as defined in Utah Code, Title 76-5-404(1).

  (51) "Sexually Explicit Material" means any depiction of sexually explicit conduct as defined in Utah Code, Title 76-5b-103(10).

  (52) "Sleeping Equipment" means a cot, mat, crib, bassinet, porta-crib, playpen, or bed.

  (53) "Stationary Play Equipment" means equipment such as a climber, slide, swing, merry-go-round, or 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 that sits on the ground or floor and has no attached equipment, such as a slide, swing, or climber.

  (54) "Strangulation Hazard" means something on which a child's clothes or drawstrings could become caught, or something in which a child could become entangled such as:

  (a) a protruding bolt end that extends more than 2 threads beyond the face of the nut;

  (b) hardware that forms a hook or leaves a gap or space between components such as a protruding S-hook; or

  (c) a rope, cord, or chain that is attached to a structure and is long enough to encircle a child's neck.

  (55) "Substitute" means a person who assumes a caregiver's duties when the caregiver is not present.

  (56) "Toddler" means a child age 12 through 23 months.

  (57) "Unrelated Child" means a child who is not a "related child" as defined in R381-100-2(46).

  (58) "Unsupervised Contact" means being with, caring for, communicating with, or touching a child in the absence of a caregiver or other employee who is at least 18 years old and has passed a Child Care Licensing background check.

  (59) "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.

  (60) "Volunteer" means an individual who receives no form of direct or indirect compensation for their service.

  (61) "Working Days" means the days of the week the Department is open for business.