Section R381-70-2 - Definitions(1) "Applicant" means a person or business who has applied for a new or a renewal of a license from the department.(2) "Background Finding" means information in a background check that the department 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:(a) count in the caregiver-to-child ratio;(b) meet the physical or emotional needs of the children, including toileting, feeding, or protecting them from harm; or(7) "Capacity" means the maximum number of children the provider is allowed to care for at any given time.(8) "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.(9) "Child Care Provider Licensing Committee" means the Child Care Provider Licensing Committee created in Section 26B-1-414.(10) "Conditional Status" means that the provider is at risk of losing their child care license because compliance with any laws or administrative rules has not been maintained.(11) "Covered Individual" means any of the following individuals involved with the program: (c) a member of the governing body;(e) a volunteer, except a parent of a child enrolled in the program; and(f) anyone who has unsupervised contact with a child in the program.(12) "Department" means the Utah Department of Health and Human Services.(13) "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.(14) "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.(15) "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.(16) "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.(17) "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.(18) "Facility" means a program or the premises approved and licensed by the department.(19) "Group" means the children who the provider assigns to one or more caregivers for their care and supervision.(20) "Group Size" means the total number of children in a group per room or area.(21) "Guest" means an individual who is not a covered individual and is at the facility with the provider's permission.(22) "Health Care Provider" means a licensed health professional, including a physician, dentist, nurse practitioner, or physician's assistant.(23) "Homeless" means anyone who lacks a fixed, regular, and adequate nighttime residence.(24) "Inaccessible" means out of reach of children by being:(a) locked, including 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.(25) "Infectious Disease" means an illness that is capable of being spread from one person to another.(26) "Involved with Children" means to do any of the following at or for an out-of-school-time program:(a) supervise or be assigned to work with children;(c) own, operate, direct;(e) count in the staff-to-child ratio; or(f) have unsupervised contact with a child in care.(27) "License" means a license issued by the department to provide out-of-school-time program services.(28) "Licensee" means the legally responsible person or business that holds a valid license from the department.(29) "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.(30) "Over-the-Counter Medication" means medication that an individual can purchase without a written prescription including herbal remedies, vitamins, and mineral supplements.(31) "Parent" means the parent or legal guardian of a child in the program.(32) "Person" means an individual or a business entity.(33) "Physical Abuse" is defined in Subsection R512-80-2(25) and also means causing nonaccidental physical harm to a child.(34) "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.(35) "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.(36) "Protective Cushioning" means a shock-absorbing surface under and around play equipment that reduces the severity of injuries from falls.(37) "Provider" means the legally responsible person or business that holds a valid license or certification from the department.(38) "Qualifying Child" means: (a) a child who is between five 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 five and 18 years old and is the child of a person other than the provider or a staff member.(39) "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.(40) "Room" is defined as follows: (a) if a large room is divided into smaller rooms or areas with barriers including furniture or with half walls, the room or area is considered:(i) one room, if the room is divided by a solid barrier that is less than 24 inches, whether the barrier is movable or immovable;(ii) one room, if the room is divided by a solid barrier that is between 24 and 40 inches in height and there is an opening in the barrier through which caregivers and children can move freely;(iii) two rooms, if the room is divided by a solid barrier that is between 24 and 40 inches in height and there is no opening in the barrier through which caregivers and children can move freely, or there is an opening between the two sides but the opening is blocked including with a child safety gate, including a diaper changing station that is located behind a closed gate;(iv) two rooms, if the room is divided by a solid barrier that is over 40 inches in height and there is no opening in the barrier through which caregivers and children can move freely, or there is an opening between the two sides but the opening is blocked including with a child safety gate; or(v) if there is an opening through which caregivers and children can move freely and the opening is not blocked, refer to the instructions for a large opening, archway, or doorway;(b) if two rooms or areas are connected by a large opening, archway, or doorway, the rooms or areas are considered:(i) one room, if the width of the opening or archway is equal to or greater than the combined width of the walls on each side of the opening or archway, in the larger of the two rooms or areas, and there is no furniture or other dividers blocking the opening or archway, otherwise the department shall consider this to be two rooms; or(ii) two rooms, if the width of the opening or archway is smaller than the combined width of the walls on each side of the opening or archway, in the larger of the two rooms or areas; and(c) if in outdoor areas separated by interior fences, the department considers it: (i) one area, if the interior fence is lower than 24 inches in height, whether or not the fence has an opening;(ii) one area, if the interior fence is 40 inches or lower in height with an opening through which caregivers and children can move freely;(iii) two areas if the interior fence is higher than 24 inches and there is no opening; or(iv) two areas, if the interior fence is higher than 40 inches whether or not the fence has an opening.(41) "Sanitize" means to use a product or process to reduce contaminants and bacteria to a safe level.(42) "School-Age Child" means a child age five through 12 years old.(43) "Services" means the supervision and response to the needs of five 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.(44) "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.(45) "Sexually Explicit Material" means any depiction of actual or simulated sexually explicit conduct.(46) "Staff-to-Child Ratio" means the number of staff responsible for a specific number of children.(47) "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: (b) a stationary circular tricycle;(d) a playhouse that sits on the ground or floor and does not have an attached slide, swing, or climber.(48) "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:(a) a protruding bolt end that extends more than two threads beyond the face of the nut;(b) hardware that forms a hook or leaves a gap or space between components including a protruding open 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.(49) "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 is considered eligible by CCL.(50) "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.(51) "Working Days" means the days of the week the department is open for business.Utah Admin. Code R381-70-2
Adopted by Utah State Bulletin Number 2015-10, effective 5/1/2015Amended by Utah State Bulletin Number 2016-4, effective 1/31/2016Amended by Utah State Bulletin Number 2016-8, effective 3/30/2016Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018Amended by Utah State Bulletin Number 2020-05, effective 2/25/2020Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023