Utah Admin. Code R381-100-2 - Definitions
(1) Terms used in
this rule are defined in Rule R380-600. Additionally:
(2) "Background finding" means information in
a background check that OBP 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 day" means a day of the week the facility is open for
business.
(6) "Business hours"
means the hours the facility is open for business.
(7) " CCL" means Child Care Licensing in the
Office of Licensing, Division of Licensing and Background Checks under the
department that is delegated with the responsibility to enforce the rules under
Titles R381 and R430 and Rule R380-600.
(8) "Capacity" means the maximum number of
children the provider is allowed to care for at any given time.
(9) "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.
(10) "Caregiver-to-child ratio" means the
number of caregivers responsible for a specific number of children.
(11) "Child care" means continuous care and
supervision of at least one qualifying child that:
(a) is in place of care ordinarily provided
by a parent in the parent's home;
(b) occurs for less than 24 hours a day;
and
(c) is provided for direct or
indirect compensation.
(12) "Child care program" means a person or
business that offers child care.
(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 the airway and making it difficult or impossible to breathe.
(14) "Covered individual" means the same as
defined in Rule R380-600.
(15)
"Crib" means an infant's bed with sides to protect them from falling including
a bassinet, porta-crib, or play pen.
(16) "Department" means the Utah Department
of Health and Human Services.
(17)
"Designated play surface" means any:
(a)
accessible elevated surface for standing, walking, crawling, sitting or
climbing; or
(b) accessible flat
surface that is at least two by two inches in size and has an angle less than
30 degrees from horizontal.
(18) "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 CCL rules.
(19) "Eligible" means the same as defined in
Rule R380-600.
(20) "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 entrapment and
strangulation.
(22) "Experiencing
homelessness" means anyone who is lacking a fixed, regular, and adequate
nighttime residence.
(22)
"Facility" means a program or premises approved by OL to be used for child
care.
(23) "Group" means the
children who the provider assigns to one or more caregivers for their care and
supervision.
(24) "Group size"
means the total number of children in a group per room or area.
(25) "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.
(26) "Health
care provider" means a licensed health professional, including a physician,
dentist, nurse practitioner, or physician's assistant.
(27) "Inaccessible" means out of reach for
children by being:
(a) behind a properly
secured child safety gate;
(b) if
in a bathroom, at least 36 inches above any surface from where a child could
stand or climb;
(c) located at
least 36 inches above the floor;
(d) locked, including in a locked room,
cupboard, or drawer; or
(e) secured
with a child safety device, including a child safety cupboard lock or doorknob
device.
(28) "Infant"
means a child who is younger than 12 months old.
(29) "Infectious disease" means an illness
that is capable of being spread from one individual to another.
(30) "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) count in the caregiver-to-child
ratio;
(c) have unsupervised
contact with a child in care;
(d)
own, operate, direct;
(e) reside;
or
(f) volunteer.
(31) "License" means a license
issued by OL to provide child care services.
(32) "Licensee" means the legally responsible
person or business that holds a valid license from OL.
(33) "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.
(34) "OBP" means the
same as defined in Rule R380-600.
(35) "OL" means the same as defined in Rule
R380-600.
(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 any herbal remedy, vitamin, and mineral supplement.
(38) "Parent" means the parent or legal
guardian of a child in care.
(39)
"Person" means the same as defined in Rule R380-600.
(40) "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 a child can move freely.
(41) "Preschooler" means a child age two
through four years old.
(42)
"Protective barrier" means a structure including bars, lattice, or a panel
around an elevated platform intended to prevent accidental or deliberate
movement through or access to something.
(43) "Protective cushioning" means a
shock-absorbing surface under and around play equipment that reduces the
severity of an injury from a fall.
(44) "Qualifying child" means a child:
(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) child who is younger
than four years old and is the child of the provider or a caregiver;
or
(c) child with a disability who
is younger than 18 years old and is the child of an individual other than the
provider or caregiver.
(45) "Related child" means a child for whom a
provider is the parent, stepparent, grandparent, step-grandparent,
great-grandparent, sibling, step-sibling, aunt, step-aunt, great-aunt, uncle,
step-uncle, or great-uncle.
(46)
"Room" means a designated area or a physical space enclosed by solid barriers
or partitions 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 OL 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;
(c) if in outdoor
areas separated by interior fences, OL considers it:
(i) one area, if the interior fence is 24
inches in height, or lower, 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.
(47)
"Sanitize" means to use a product or process to reduce contaminants and
bacteria to a safe level.
(48)
"School-age child" means a child age five through 12 years old.
(49) "Sexually explicit material" means any
depiction of actual or simulated sexual conduct.
(50) "Sleeping equipment" means a cot, mat,
crib, bassinet, porta-crib, playpen, or bed.
(51) "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 a:
(a) playhouse
that sits on the ground or floor and does not have an attached slide, swing, or
climber;
(b) sandbox;
(c) sensory table; or
(d) stationary circular tricycle.
(52) "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) a rope, cord, or chain that is attached
to a structure and is long enough to encircle a child's neck; or
(c) hardware that forms a hook or leaves a
gap or space between components including a protruding open S-hook.
(53) "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.
(54) "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.
(55) "Working day" means any
day of the week the department is open for business.
(56) "Younger toddler" means a child age 12
through 17 months old.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 diapering, toileting, feeding, or protecting them from harm; or
(c) supervise children.
(7) "Capacity " means the maximum number of children allowable for the provider 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:
(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.
(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 any laws or administrative rules has not been maintained.
(15) "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.
(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 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:
(a) locked, including in a locked room , cupboard, or drawer;
(b) secured with a child safety device, including a child safety cupboard lock or doorknob device;
(c) behind a properly secured child safety gate;
(d) located at least 36 inches above the floor; or
(e) if in a bathroom, at least 36 inches above any surface from where a child could stand or climb.
(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 :
(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.
(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:
(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 .
(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:
(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;
(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.
(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:
(a) a sandbox;
(b) a stationary circular tricycle;
(c) a sensory table; or
(d) a playhouse that sits on the ground or floor and does not have an attached slide, swing, or climber.
(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:
(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.
(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.