R381-70-2. 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 program licensed by Child Care Licensing.

  (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 allowed in the program at any given time.

  (9) "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.

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

  (11) "Conditional Status" means that the provider is at risk of losing their program's license because compliance with licensing rules has not been maintained.

  (12) "Covered Individual" means any of the following individuals involved with the program:

  (a) an owner;

  (b) a director;

  (c) a member of the governing body;

  (d) an employee;

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

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

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

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

  (15) "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.

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

  (17) "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.

  (18) "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.

  (19) "Facility" means a program or the premises approved by the Department and licensed by Child Care Licensing.

  (20) "Group" means the children who are assigned to and supervised by one or more staff members.

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

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

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

  (24) "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)

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

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

  (b) secured with a safety device;

  (c) behind a properly secured safety gate;

  (d) located in a cupboard or on a shelf that is at least 48 inches above the floor; or

  (e) in a bathroom, locked or secured with a safety device.

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

  (27) "Involved with Children" means to do any of the following at or for an out-of-school-time program licensed by Child Care Licensing:

  (a) supervise or be assigned to work with children in the program;

  (b) volunteer at an out-of-school-time program;

  (c) own, operate, direct, or be employed at an out-of-school-time program;

  (d) reside at a facility where an out-of-school-time program operates; or

  (e) be present at a facility while an out-of-school-time program operates, except for authorized guests or parents who are dropping off a child, picking up a child, or attending a scheduled event at the program's facility.

  (28) "License" means a license issued by the Department to provide out-of-school-time program services.

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

  (30) "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.

  (31) "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)

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

  (33) "Parent" means the parent or legal guardian of a child in the program.

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

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

  (36) "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.

  (37) "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.

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

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

  (40) "Qualifying Child" means:

  (a) a child who is between 5 and 13 years old and is the child of a person other than the provider or a staff member, and

  (b) a child with a disability who is between 5 and 18 years old and is the child of a person other than the provider or a staff member.

  (41) "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.

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

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

  (44) "Services" means the supervision and response to the needs of 5 or more qualifying children:

  (a) in the absence of the children's parents,

  (b) in a place other than the provider's home or the child's home,

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

  (d) for direct or indirect compensation.

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

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

  (47) "Staff-to-Child Ratio" means the number of staff responsible for a specific number of children.

  (48) "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.

  (49) "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.

  (50) "Substitute" means an individual who temporarily assumes the responsibilities to supervise and work with the children when the assigned staff member is not present.

  (51) "Unrelated Child" means a child who is not a "related child" as defined in R381-70-2(40).

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

  (53) "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.

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

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