This filing was published in the 05/15/2008, issue, Vol. 2008, No. 10, of the Utah State Bulletin.
Workforce Services, Employment Development
Child Care Assistance
NOTICE OF PROPOSED RULE
DAR File No.: 31364
Filed: 05/01/2008, 05:37
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to reflect changes in the statute from H.B. 73 in the 2008 legislative session. (DAR NOTE: H.B. 73 (2008) is found at Chapter 59, Laws of Utah 2008, and was effective 05/05/2008.)
Summary of the rule or change:
The legislature passed H.B. 73 in the 2008 General Session which requires background checks for child care providers not otherwise exempt. These proposed amendments define the procedure for obtaining those background checks. Also proposes amendments to the requirements for these child care providers to reflect current procedures.
State statutory or constitutional authorization for this rule:
Section 35A-1-104 and Subsections 35A-1-104(4) and 35A-3-310(3)
Anticipated cost or savings to:
the state budget:
This applies to federally-funded programs so there are no costs or savings to the state budget. If a provider does not meet the new qualifications, the client will just choose a different provider.
This is a federally-funded program so there are no costs or savings to the local government.
small businesses and persons other than businesses:
There will no costs to small businesses or other persons to comply with these changes. Although there will be a small fee for criminal background checks for some providers, that is in the legislation and was not created by this rule change.
Compliance costs for affected persons:
There will be a small cost to some providers who have not lived in Utah for five years to comply with the legislative changes in H.B. 73. These proposed amendments do not add any costs for affected persons beyond what is in the legislation.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs associated with this change. The small fee for a criminal background check for providers is the same fee most all other child care providers pay if the provider is licensed. Because the fee was mandated in H.B. 73 and not created in these proposed amendments, this proposed rule change will have no fiscal impact on businesses. Kristen Cox, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Workforce Services
140 E 300 S
SALT LAKE CITY UT 84111-2333
Direct questions regarding this rule to:
Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Kristen Cox, Executive Director
R986. Workforce Services, Employment Development.
R986-700. Child Care Assistance.
R986-700-705. Eligible Providers and Provider Settings.
(1) The Department will only pay CC to clients who select eligible providers. The only eligible providers are:
(a) licensed and accredited providers:
(i) licensed homes;
(ii) licensed family group homes; and
(iii) licensed child care centers.
(b) license exempt providers who are not required by law to be licensed and are either;
(i) license exempt centers; or
(ii) related to at least one of the children for whom CC is provided. Related under this paragraph means: siblings who are at least 18 years of age and who live in a different residence than the parent, grandparents, step grandparents, aunts, step aunts, uncles, step uncles or people of prior generations of grandparents, aunts, or uncles, as designated by the prefix grandor, great, or persons who meet any of the above relationships even if the marriage has been terminated.
(c) homes with a Residential Certificate obtained from the Bureau of Licensing.
(2) The Department may, on a case by case basis, grant an exception and pay for CC when an eligible provider is not available:
(a) within a reasonable distance from the client's home. A reasonable distance, for the purpose of this exception only, will be determined by the transportation situation of the parent and child care availability in the community where the parent resides;
(b) because a child in the home has special needs which cannot be otherwise accommodated; or
(c) which will accommodate the hours when the client needs child care.
(d) However, the child's sibling, living in the same home, can never be approved even under the exceptions in this subsection.
(3) If an eligible provider is available, an exception may be granted in the event of unusual or extraordinary circumstances but only with the approval of a Department supervisor.
(4) If an exception is granted under paragraph (2) or (3) above, the exception will be reviewed at each of the client's review dates to determine if an exception is still appropriate.
(5) License exempt providers must register with the Department and agree to maintain minimal health and safety criteria by signing a certification before payment to the client can be approved. The minimum criteria are that:
(a) the provider be at least 18 years of age and
physically and mentally
capable of providing care to children];
(b) the provider's home is [
equipped with hot
and cold running water, toilet facilities, and is ]clean and safe from
hazardous items which could cause injury to a child. This applies to outdoor
areas as well;
(c) there are working smoke detectors[
fire extinguishers on all floors of the house] where children are provided
there are no
individuals residing in the home who have a conviction for a misdemeanor which
is an offense against a person, or any felony conviction, or have been subject
to a supported finding of child abuse or neglect by the Utah Department of
Human Services, Division of Child and Family Services or a court];
(e) there is a telephone in operating condition
with a list of emergency numbers[
located next to the phone which includes
the phone numbers for poison control and for the parents of each child in care];
(f) food will be provided to the child in care[
of sufficient amount and nutritional value to provide the average daily
nutrient intake required]. Food
supplies will be maintained to prevent spoilage or contamination[ . Any allergies will be noted and care given
to ensure that the child in care is protected from exposure to those items];[
(g) the child in care will be immunized as required for children in licensed day care and;
(h) good hand washing practices will be maintained to discourage infection and contamination.
(6) The following providers are not eligible for receipt of a CC payment:
(a) a member of a household assistance unit who is receiving one or more of the following assistance payments: FEP, FEPTP, diversion assistance or food stamps for any child in that household assistance unit. The person may, however, be paid as a provider for a child in a different household assistance unit;
(b) a sibling of the child living in the home;
(c) household members whose income must be counted in determining eligibility for CC;
(d) a parent, foster care parent, stepparent or former stepparent, even if living in another residence;
(e) illegal aliens;
(f) persons under age 18;
(g) a provider providing care for the child in another state;
(h) a provider who has committed fraud as a provider, as determined by the Department or by a court;
(i) any provider disqualified under R986-700-718;
(j) a provider who does not cooperate with a Department investigation of a potential overpayment
(k) a provider living in the same home as the client unless one of the exceptions in subsection (2) of this section are met.
KEY: child care
Date of Enactment or Last Substantive Amendment: 2008
Notice of Continuation: September 14, 2005
Authorizing, and Implemented or Interpreted Law: 35A-3-310
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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at email@example.com
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 05/14/2008 3:03 PM