Section R430-90-2 - Definitions(1) "Applicant" means a person or business who has applied for a new or a renewal of a license from Child Care Licensing.(2) "Background Finding" means information in a background check that Child Care Licensing 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(7) "Capacity" means the maximum number of children the provider is allowed 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 that is delegated with the responsibility to enforce 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) "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.(13) "Conditional Status" means that the provider is at risk of losing their child care license because compliance with licensing rules has not been maintained.(14) "Covered Individual" means any of the following individuals involved with a child care program: (d) a volunteer, except a parent of a child enrolled in the child care program;(e) an individual age 12 years old or older who resides in the facility; and(f) anyone who has unsupervised contact with a child in care.(15) "Crib" means an infant's bed with sides to protect them from falling including a bassinet, porta-crib, or play pen.(16) "Cushioning" means a shock-absorbing surface under and around play equipment that reduces the severity of injuries from falls.(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) "Eligible" means that there were no findings in a covered individual's background check that could prohibit that covered individual from being involved with child care.(20) "Emotional Abuse" 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.(21) "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.(22) "Facility" means a child care program or the premises approved by the department to be used for child care.(23) "Group" means the children who are assigned to and supervised by one or more caregivers.(24) "Group Size" means the total number of children in a group.(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) "Homeless" means anyone who lacks a fixed, regular, and adequate nighttime residence.(28) "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.(29) "Infant" means a child who is younger than 12 months old.(30) "Infectious Disease" means an illness that is capable of being spread from one individual to another.(31) "Involved with Child Care" means to do any of the following at or for a child care program: (a) care for or supervise children;(c) own, operate, direct;(e) count in the caregiver-to-child ratio; or(f) have unsupervised contact with a child in care.(32) "License" means a license issued by the department to provide child care services.(33) "Licensee" means the legally responsible person or business that holds a valid license from Child Care Licensing.(34) "LIS Supported Finding" means background check information from the Licensing Information System (LIS) database for child abuse and neglect, maintained by the department.(35) "Older Toddler" means a child age 18 through 23 months old.(36) "Over-the-Counter Medication" means medication that can be bought without a written prescription including herbal remedies, vitamins, and mineral supplements.(37) "Parent" means the parent or legal guardian of a child in care.(38) "Physical Abuse" means causing nonaccidental physical harm to a child.(39) "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.(40) "Preschooler" means a child age two through four years old.(41) "Provider" means the legally responsible person or business that holds a valid license from Child Care Licensing.(42) "Provider Designee" means the adult delegated by the provider to take the provider's responsibility in the provider's absence.(43) "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.(44) "Related Child" means a child for whom a provider is the parent, legal guardian, step-parent, grandparent, step-grandparent, great-grandparent, sibling, step-sibling, aunt, step-aunt, great-aunt, uncle, step-uncle, or great-uncle.(45) "Residential Child Care" means care that takes place in a child care provider's home.(46) "Sanitize" means to use a product or process to reduce contaminants and bacteria to a safe level.(47) "School-Age Child" means a child age five through 12 years old.(48) "Sexual Abuse" 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.(49) "Sexually Explicit Material" means any depiction of actual or simulated sexually explicit 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:(b) a stationary circular tricycle;(d) a playhouse that sits on the ground or floor and does not have an attached slide, swing, or climber.(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) 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.(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 Days" means the days of the week the department is open for business.(56) "Younger Toddler" means a child age 12 through 17 months old.Utah Admin. Code R430-90-2
Amended by Utah State Bulletin Number 2016-4, effective 1/31/2016Amended by Utah State Bulletin Number 2016-8, effective 3/30/2016Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018Amended by Utah State Bulletin Number 2020-08, effective 4/3/2020Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023