Utah Admin. Code R430-90-5 - Immediate Closure
(1) In accordance
with Rule R380-600, OL may order the immediate closure of a facility if
conditions at the facility create a clear and present danger to any child in
care.
(2) Upon receipt of an
immediate closure notice, the provider shall give OL the names and mailing
addresses of each enrolled child's parent so OL may notify the parents of the
immediate closure.
(3) If there is
a severe injury or death of a child in care, OL may order a child care provider
to suspend services and prohibit new enrollments, pending a review by the Utah
Child Fatality Review Committee or a determination of the probable cause of the
injury or death by a medical professional.
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) The department may place a program's child care license on a conditional status for the following causes:
(a) chronic, ongoing noncompliance with rules;
(b) unpaid fees; or
(c) a serious rule noncompliance that places children's health or safety in immediate jeopardy.
(2) The department shall establish the length of the conditional status and set the conditions that the child care provider shall satisfy to remove the conditional status .
(3) The department may increase monitoring of the program that is on conditional status to verify compliance with rules.
(4) The department may deny or revoke a license if the child care provider :
(a) fails to meet the conditions of a license on conditional status ;
(b) violates the Child Care Licensing Act;
(c) provides false or misleading information to the department ;
(d) misrepresents information by intentionally altering a license or any other document issued by the department ;
(e) fails to allow authorized representatives of the department access to the facility to ensure compliance with this rule;
(f) fails to submit or make available to the department any written documentation required to verify compliance with this rule;
(g) commits a serious rule noncompliance that results in death or serious harm to a child, or that places a child at risk of death or serious harm; or
(h) has committed an illegal act that would exclude an individual from having a license .
(5) Within ten working days of receipt of a revocation notice, the provider shall submit to the department the names and mailing addresses of the parents of each enrolled child so the department can notify the parents of the revocation.
(6) The department may order the immediate closure of a facility if conditions create a clear and present danger to any child in care and may require immediate action to protect the children's health or safety.
(7) Upon receipt of an immediate closure notice, the provider shall give the department the names and mailing addresses of the parents of each enrolled child so the department can notify the parents of the immediate closure.
(8) If there is a severe injury or the death of a child in care, the department may order a child care provider to suspend services and prohibit new enrollments, pending a review by the DHHS Child Fatality Review Committee or a determination of the probable cause of death or injury by a medical professional.
(9) An unlicensed person providing care that requires a license or certificate may be charged with a civil money penalty and a class A misdemeanor unless they:
(a) stop providing child care that requires a license or certificate; or
(b) apply for the appropriate license or certificate within 30 calendar days of notification by the department .
(10) If a person providing care without the appropriate license agrees to apply for a license but does not submit an application and the required application documents within 30 days, the department may issue a cease and desist order.
(11) A noncompliance of any rule is punishable by an administrative civil money penalty of up to $5,000 a day as provided in Section 26B-2-409.
(12) The department may assess a civil money penalty and also take action to deny, place on conditional status , revoke, immediately close, or refuse to renew a license .
(13) The department may deny an application or revoke a license for failure to pay any required fees, including fees for applications, late fees, returned checks, license changes, additional inspections, conditional monitoring inspections, background checks, civil money penalties, and other fees assessed by the department .
(14) An applicant or provider may request an agency review for any department decision within ten working days of being informed in writing of the decision.