Utah Admin. Code R381-40-7 - Personnel and Training Requirements

(1) The provider shall ensure that employees and volunteers are supervised, qualified, and trained as stated under Rule R381-40 to:
(a) meet the needs of the children; and
(b) comply with each requirement.
(2) The provider shall ensure that the preschool program has a qualified director as required under Section R381-40-7.
(3) The provider shall ensure that the director:
(a) is at least 21 years old;
(b) is considered eligible by a CCL background check before becoming involved with child care;
(c) if hired after January 1, 2023, has completed the 2-1/2 hour preservice training offered by the department;
(d) completes the new director training offered by the department within 60 working days of assuming director duties;
(e) knows and follows any applicable laws and requirements under Rule R381-40; and
(f) completes at least ten hours of child care training each year based on the facility's license date, or at least 45 minutes of child care training each month they work if hired partway through the facility's licensing year.
(4) The provider shall ensure that new directors have one of the following educational credentials:
(a) any bachelor's or higher education degree;
(b) at least 60 clock hours of coursework in child development, social and emotional development, and the child care environment, or 60 clock hours of equivalent training as approved by the department;
(c) at least 12 college credit hours of child development courses;
(d) a currently valid national certification including a Certified Childcare Professional issued by the National Child Care Association, a current Child Development Associate issued by the Council for Early Childhood Professional Recognition, a current National Administrator Credential, or other equivalent credential as approved by the department;
(e) at least an associate degree in early childhood development or related field; or
(f) proof of at least five years of early education teaching experience.
(5) The provider shall ensure that the director is on duty at the facility for at least half of the time every week the program is open.
(6) The provider shall ensure that there is a director designee with authority to act on behalf of the director in the director's absence.
(7) The provider shall ensure that the director designee:
(a) is at least 18 years old;
(b) is considered eligible by a CCL background check before becoming involved with child care;
(c) if hired after January 1, 2023, has completed the 2-1/2 hour preservice training offered by the department before beginning job duties;
(d) knows and follows any applicable laws and requirements under Rule R381-40;
(e) completes at least ten hours of child care training each year based on the facility's license date, or at least 45 minutes of child care training each month they work if hired partway through the facility's licensing year; and
(f) has current first aid and cardio pulmonary resuscitation (CPR) certification.
(8) The provider shall ensure that the director or the director designee is present at the facility when the program is open for care.
(9) The provider shall ensure that caregivers:
(a) are at least 16 years old;
(b) are considered eligible by a CCL background check before becoming involved with child care;
(c) complete the 2-1/2 hour preservice training offered by the department before caring for children;
(d) know and follow any applicable laws and requirements under Rule R381-40;
(e) are introduced to other program staff and to the caregiver's assigned group of children;
(f) review the information in each child's health assessment in the caregiver's assigned group, including allergies, food sensitivities, and other individual needs; and
(g) complete at least ten hours of child care training each year, based on the facility's license date, or at least 45 minutes of child care training each month they work if hired partway through the facility's licensing year.
(10) The provider shall ensure that any other staff including drivers, cooks, and clerks:
(a) are considered eligible by a CCL background check before becoming involved with child care;
(b) complete the 2-1/2 hour preservice training offered by the department before beginning job duties; and
(c) know and follow any applicable laws and requirements under Rule R381-40.
(11) The provider shall ensure that volunteers are eligible by a CCL background check before becoming involved with child care.
(12) The provider shall ensure that student interns who are registered and participating in a high school or college child care course and guests wear a guest name tag.
(13) The provider shall ensure that household members who are:
(a) 12 to 17 years old are considered eligible by a CCL background check; and
(b) 18 years old or older are eligible by a CCL background check that includes fingerprints.
(14) The provider shall ensure that individuals who provide Individualized Educational Plan or Individualized Family Service plan services including physical, occupational, or speech therapists:
(a) provide proper identification before having access to the facility or to a child at the facility; and
(b) have received the child's parent's permission for services to take place at the facility.
(15) The provider shall ensure that individuals from law enforcement, Child Protective Services, the department, and any similar entities provide proper identification before having access to the facility or to a child at the facility.
(16) The provider shall ensure that each covered individual required to complete preservice training receives the 2-1/2 hour preservice training offered by the department that includes at least the following topics:
(a) applicable laws and requirements under Rule R381-40;
(b) children whose special needs may include a disability;
(c) recognizing the signs of homelessness and available assistance;
(d) building and physical premises safety;
(e) prevention, signs, and symptoms of child abuse and neglect, including child sexual abuse, and legal reporting requirements;
(f) pediatric first aid and CPR;
(g) emergency preparedness, response, and recovery plan;
(h) prevention of and response to emergencies due to food and allergy reactions;
(i) safe handling and disposal of hazardous materials and bio contaminants;
(j) prevention and control of infectious diseases including immunizations;
(k) administration of medication;
(l) child and brain development, including the social, emotional, physical, cognitive, and language principles of child growth;
(m) precautions in transporting children;
(n) prevention of shaken baby syndrome, abusive head trauma, child maltreatment, and coping with crying babies; and
(o) prevention of sudden infant death syndrome and the use of safe sleeping practices.
(17) The provider shall ensure that annual child care training includes at least the following topics:
(a) Sections R381-40-7 through R381-40-22; and
(b) each topic listed in Subsections R381-40-7(16)(a) through (o).
(18) The provider shall ensure that documentation of each individual's annual child care training is on-site for review by the department and includes the following:
(a) training topic;
(b) date of the training;
(c) name of the individual or organization that presented the training; and
(d) total hours or minutes of training.
(19) The provider shall ensure that at least one staff member with a current Red Cross, American Heart Association, or equivalent pediatric first aid and CPR certification is present when children are in care:
(a) at the facility;
(b) in each vehicle transporting children; and
(c) at each offsite activity.
(20) The provider shall ensure that CPR certification includes hands-on testing.
(21) The provider shall ensure that the following records for each covered individual are on-site for review by the department:
(a) the date of initial employment or association with the program;
(b) a current pediatric first aid and CPR certification, if required under Rule R381-40; and
(c) a six-week record of the times worked each day.

Notes

Utah Admin. Code R381-40-7
Adopted by Utah State Bulletin Number 2021-07, effective 3/22/2021 Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022 Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023

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