R430-8-2. Definitions

  (1) "Background Finding" means information that may result in an individual failing to pass a background check from Child Care Licensing.

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

  (3) "Calendar Week" means from Sunday through Saturday.

  (4) "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.

  (5) "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.

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

  (7) "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.

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

  (9) "Facility" means a child care program or the premises used for child care.

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

  (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.

  (11) "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.

  (12) "Parochial Education Institution" means an institution that 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 twelfth grade;

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

  (c) is owned and operated by a religious institution that is registered 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 the Department of Workforce Services; or

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

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

  (13) "Private Education Institution" means an institution that 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 twelfth grade;

  (b) has a governing board that actively supervises and directs the educational curriculum used by the institution, and exercises oversight over the 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 the Department of Workforce Services; or

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

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

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

  (15) "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.

  (16) "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.

  (17) "Relative Care" means care provided to a qualifying child by or in the home of the parent, legal guardian, step-parent, grandparent, step-grandparent, great-grandparent, sibling, step-sibling, aunt, uncle, step-aunt, step-uncle, great-aunt, or great-uncle.

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