Utah Code 26B-2-405. Exclusions from part — Criminal background checks by an excluded person

(1)

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Terms Used In Utah Code 26B-2-405

Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
Child care: means continuous care and supervision of a qualifying child, that is:
     (4)(a) in lieu of care ordinarily provided by a parent in the parent's home;
     (4)(b) for less than 24 hours a day; and
     (4)(c) for direct or indirect compensation. See Utah Code 26B-2-401
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-2-401
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401
Oversight: Committee review of the activities of a Federal agency or program.
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public school: means :
     (9)(a) a school, including a charter school, that:
          (9)(a)(i) is directly funded at public expense; and
          (9)(a)(ii) provides education to qualifying children for any grade from first grade through twelfth grade; or
     (9)(b) a school, including a charter school, that provides:
          (9)(b)(i) preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and
          (9)(b)(ii) education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26B-2-401
Qualifying child: means an individual who is:
     (10)(a)
          (10)(a)(i) under the age of 13 years old; or
          (10)(a)(ii) under the age of 18 years old, if the person has a disability; and
     (10)(b) a child of:
          (10)(b)(i) a person other than the person providing care to the child;
          (10)(b)(ii) a regulated provider, if the child is under the age of four; or
          (10)(b)(iii) an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26B-2-401
Residential child care: means child care provided in the home of the provider. See Utah Code 26B-2-401
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(1)(a) Except as provided in Subsections (1)(b) and (1)(c), the provisions and requirements of this part do not apply to:

(1)(a)(i) a facility or program owned or operated by an agency of the United States government;

(1)(a)(ii) group counseling provided by a mental health therapist, as defined in Section 58-60-102, who is licensed to practice in this state;

(1)(a)(iii) a health care facility licensed under Part 2, Health Care Facility Licensing and Inspection;

(1)(a)(iv) care provided to a qualifying child by or in the home of a parent, legal guardian, grandparent, brother, sister, uncle, or aunt;

(1)(a)(v) care provided to a qualifying child, in the home of the provider, for less than four hours a day or on a sporadic basis, unless that child care directly affects or is related to a business licensed in this state;

(1)(a)(vi) care provided at a residential support program that is licensed by the department;

(1)(a)(vii) center based child care for four or fewer qualifying children, unless the provider requests to be licensed under Section 26B-2-403; or

(1)(a)(viii) residential child care for eight or fewer qualifying children, unless the provider requests to be licensed under Section 26B-2-403 or certified under Section 26B-2-404.

(1)(b)

(1)(b)(i) A person that does not hold a license or certificate from the department under this part may not, at any given time, provide child care in the person’s home for more than 10 children in total under the age of 13, or under the age of 18 if a child has a disability, regardless of whether a child is related to the person providing child care.

(1)(b)(ii) A person providing care described in Subsection (1)(a)(viii) may not provide, at any given time, child care in the person’s home for more than two children who are under three years old.

(1)(c) A person providing care described in Subsection (1)(a)(viii) that is not a certified provider or a licensed provider under this part is subject to the requirements of Section 26B-2-406.

(2) The licensing and certification requirements of this part do not apply to:

(2)(a) care provided to a qualifying child as part of a course of study at or a program administered by an educational institution that is regulated by the boards of education of this state, a private education institution that provides education in lieu of that provided by the public education system, or by a parochial education institution;

(2)(b) care provided to a qualifying child by a public or private institution of higher education, if the care is provided in connection with a course of study or program, relating to the education or study of children, that is provided to students of the institution of higher education;

(2)(c) care provided to a qualifying child at a public school by an organization other than the public school, if:

(2)(c)(i) the care is provided under contract with the public school or on school property; or

(2)(c)(ii) the public school accepts responsibility and oversight for the care provided by the organization;

(2)(d) care provided to a qualifying child as part of a summer camp that operates on federal land pursuant to a federal permit;

(2)(e) care provided by an organization that:

(2)(e)(i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code;

(2)(e)(ii) provides care pursuant to a written agreement with:

(2)(e)(ii)(A) a municipality, as defined in Section 10-1-104, that provides oversight for the program; or

(2)(e)(ii)(B) a county that provides oversight for the program; and

(2)(e)(iii) provides care to a child who is over the age of four and under the age of 13; or

(2)(f) care provided to a qualifying child at a facility where:

(2)(f)(i) the parent or guardian of the qualifying child is at all times physically present in the building where the care is provided and the parent or guardian is near enough to reach the child within five minutes if needed;

(2)(f)(ii) the duration of the care is less than four hours for an individual qualifying child in any one day;

(2)(f)(iii) the care is provided on a sporadic basis;

(2)(f)(iv) the care does not include diapering a qualifying child; and

(2)(f)(v) the care does not include preparing or serving meals to a qualifying child.

(3) An exempt provider shall submit to the department:

(3)(a) the information required under Subsections 26B-2-406(1) and (2); and

(3)(b) of the children receiving care from the exempt provider:

(3)(b)(i) the number of children who are less than two years old;

(3)(b)(ii) the number of children who are at least two years old and less than five years old; and

(3)(b)(iii) the number of children who are five years old or older.

(4) An exempt provider shall post, in a conspicuous location near the entrance of the exempt provider’s facility, a notice prepared by the department that:

(4)(a) states that the facility is exempt from licensure and certification; and

(4)(b) provides the department’s contact information for submitting a complaint.

(5)

(5)(a) Except as provided in Subsection (5)(b), the department may not release the information the department collects from exempt providers under Subsection (3).

(5)(b) The department may release an aggregate count of children receiving care from exempt providers, without identifying a specific provider.

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