Utah Administrative Code
Topic - Health
Title R381 - Child Care Center Licensing Committee
Rule R381-60 - Hourly Child Care Centers
Section R381-60-2 - Definitions
Current through Bulletin 2024-06, March 15, 2024
(1) "Applicant" means a person or business who has applied for a new or a renewal of a license from Child Care Licensing.
(2) "Background Finding" means information in a background check that Child Care Licensing uses to determine if a covered individual is or is not eligible to be involved with child care.
(3) "Barrier" means an enclosing structure including a fence, wall, bars, railing, or solid panel to prevent accidental or deliberate movement through or access to something.
(4) "Body Fluid" means blood, urine, feces, vomit, mucus, or saliva.
(5) "Business Days and Hours" means the days of the week and times the facility is open for business.
(6) "Caregiver" means a covered individual who protects the health and safety of children. A covered individual is a caregiver when they:
(7) "Capacity" means the maximum number of children the provider is allowed to care for at any given time.
(8) " Caregiver-to-Child Ratio" means the number of caregivers responsible for a specific number of children.
(9) "CCL" means the Child Care Licensing Program under the Office of Licensing that is delegated with the responsibility to enforce the rules under Titles R381 and R430.
(10) "Child Care" means continuous care and supervision of one or more qualifying children that is:
(11) "Child Care Program" means a person or business that offers child care.
(12) "Child Care Provider Licensing Committee" means the Child Care Provider Licensing Committee created in Section 26B-1-414.
(13) "Choking Hazard" means an object or a removable part on an object with a diameter of less than 1-1/4 inches 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.
(14) "Conditional Status" means that the provider is at risk of losing their child care license because compliance with licensing any laws or administrative rules has not been maintained.
(15) "Covered Individual" means any of the following individuals involved with a child care program:
(16) "Crib" means an infant's bed with sides to protect them from falling including a bassinet, porta-crib, or play pen.
(17) "Department" means the Utah Department of Health and Human Services.
(18) "Designated Play Surface" means any accessible elevated surface for standing, walking, crawling, sitting or climbing; or an accessible flat surface at least two by two inches in size and having an angle less than 30 degrees from horizontal.
(19) "Director" means an individual 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.
(20) "Eligible" means that there were no findings in a covered individual's background check that would prohibit that covered individual from being involved with child care.
(21) "Emotional Abuse" is defined in Subsection R512-80-2(12) and also means behavior that could harm a child's emotional development, including threatening, intimidating, humiliating, demeaning, criticizing, rejecting, using profane language, or using inappropriate physical restraint.
(22) "Entrapment Hazard" means an opening greater than 3-1/2 by 6-1/4 inches and less than nine 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 the provider assigns to one or more caregivers for their care and supervision.
(25) "Group Size" means the total number of children in a group per room or area.
(26) "Guest" means an individual who is not a covered individual and is at the child care facility for a short time with the provider's permission.
(27) "Health Care Provider" means a licensed health professional, including a physician, dentist, nurse practitioner, or physician's assistant.
(28) "Homeless" means anyone who lacks a fixed, regular, and adequate nighttime residence.
(29) "Inaccessible" means out of reach of children by being:
(30) "Infant" means a child who is younger than 12 months old.
(31) "Infectious Disease" means an illness that is capable of being spread from one individual to another.
(32) "Involved with Child Care" means to do any of the following at or for a child care program:
(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 the department.
(35) "LIS Supported Finding" means a supported finding of child abuse or neglect in the Licensing Information System (LIS) database for child abuse and neglect, maintained by the department.
(36) "Older Toddler" means a child age 18 through 23 months old.
(37) "Over-the-Counter Medication" means medication that an individual can purchase 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" is defined in Subsection R512-80-2(25) and also 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 two through four years old.
(43) "Protective Barrier" means a structure including 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 or certification from the department.
(46) "Qualifying Child" means:
(47) "Related Child" means a child for whom a provider is the parent, legal guardian, stepparent, grandparent, step-grandparent, great-grandparent, sibling, step-sibling, aunt, step-aunt, great-aunt, uncle, step-uncle, or great-uncle.
(48) "Room" is defined as follows:
(49) "Sanitize" means to use a product or process to reduce contaminants and bacteria to a safe level.
(50) "School-Age Child" means a child age five through 12 years old.
(51) "Sexual Abuse" is defined in Subsection R512-80-2(30) and also means to take indecent liberties with a child with the intention to arouse or gratify the sexual desire of an individual or to cause pain or discomfort.
(52) "Sexually Explicit Material" means any depiction of actual or simulated sexually explicit conduct.
(53) "Sleeping Equipment" means a cot, mat, crib, bassinet, porta-crib, playpen, or bed.
(54) "Stationary Play Equipment" means equipment including 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:
(55) "Strangulation Hazard" means something on which a child's clothes or drawstrings could become caught, or something in which a child could become entangled including:
(56) "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 is considered eligible by CCL.
(57) "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.
(58) "Working Days" means the days of the week the department is open for business.
(59) "Younger Toddler" means a child age 12 through 17 months old.