Current through Bulletin 2024-06, March 15, 2024
(1) "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.
(2) "Calendar Week" means from Sunday through
Saturday.
(3) "Caregiver" means a
covered individual who protects the health and safety of children. A covered
individual is a caregiver when they:
(a) count
in the caregiver-to-child ratio;
(b) meet the physical or emotional needs of
the children, including diapering, toileting, feeding, or protecting them from
harm; or
(c) supervise
children.
(4) "CCL" means
the Child Care Licensing Program in the Department of Health and Human Services
that is delegated with the responsibility to enforce rules under Titles R381
and R430.
(5) "Child Care" means
continuous care and supervision of one 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 old 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 and Human Services.
(9) "Eligible" means that there were no
findings in a covered individual's background check that could prohibit that
covered individual from being involved with child care.
(10) "Facility" means a child care program or
the premises used for child care.
(11) "Involved with Child Care" means to do
any of the following at or for a child care program:
(a) care for or supervise children;
(b) volunteer;
(c) own, operate, direct;
(d) reside;
(e) count in the caregiver-to-child ratio;
or
(f) have unsupervised contact
with a child in care.
(12) "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.
(13) "Parochial
Education Institution" means an institution that meets 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 an 501(c)(3)
religious organization;
(d) is not
directly funded at public expense;
(e) does not receive:
(i) child care grant or 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.
(14) "Private Education Institution" means an
institution that meets 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 grant or 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.
(15) "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.
(16) "Qualifying
Child" means:
(a) a child who is younger than
13 years old and is the child of an individual 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 an
individual other than the provider or caregiver; or
(c) a child who is younger than four years
old and is the child of the provider or a caregiver.
(17) "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.
(18) "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.
