26-39-402 - Residential child care certificate.
26-39-402. Residential child care certificate.
(1) (a) A residential child care provider of five to eight qualifying children shall obtain aResidential Child Care Certificate from the department, unless Section 26-39-403 applies.
(b) The minimum qualifications for a Residential Child Care Certificate are:
(i) the submission of:
(A) an application in the form prescribed by the department;
(B) a certification and criminal background fee established in accordance with Section26-1-6; and
(C) in accordance with Section 26-39-404, identifying information for each adult personand each juvenile age 12 through 17 years of age who resides in the provider's home:
(I) for processing by the Department of Public Safety to determine whether any suchperson has been convicted of a crime;
(II) to screen for a substantiated finding of child abuse or neglect by a juvenile court; and
(III) to discover whether the person is listed in the Licensing Information Systemdescribed in Section 62A-4a-1006;
(ii) an initial and annual inspection of the provider's home within 90 days of sending anintent to inspect notice to:
(A) check the immunization record of each qualifying child who receives child care inthe provider's home;
(B) identify serious sanitation, fire, and health hazards to qualifying children; and
(C) make appropriate recommendations; and
(iii) annual training consisting of 10 hours of department-approved training as specifiedby the department by administrative rule, including a current department-approved CPR and firstaid course.
(c) If a serious sanitation, fire, or health hazard has been found during an inspectionconducted pursuant to Subsection (1)(b)(ii), the department shall require corrective action for theserious hazards found and make an unannounced follow up inspection to determine compliance.
(d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), thedepartment may inspect the home of a residential care provider of five to eight qualifyingchildren in response to a complaint of:
(i) child abuse or neglect;
(ii) serious health hazards in or around the provider's home; or
(iii) providing residential child care without the appropriate certificate or license.
(2) Notwithstanding this section:
(a) a license under Section 26-39-401 is required of a residential child care provider whocares for nine or more qualifying children;
(b) a certified residential child care provider may not provide care to more than twoqualifying children under the age of two; and
(c) an inspection may be required of a residential child care provider in connection with afederal child care program.
(3) With respect to residential child care, the department may only make and enforcerules necessary to implement this section.
Renumbered and Amended by Chapter 111, 2008 General Session