Child Care Definitions and Exemptions - Utah

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Definitions

 

Child Care Centers

A person or persons must be licensed as a child care center under this rule if:

  1. they provide care in the absence of the child's parent;
  2. they provide care in a place other than the provider's home or the child's home;
  3. they provide care for five or more children, for four or more hours per day;
  4. they provide care for each individual child for less than 24 hours per day;
  5. the program is open to children on an ongoing basis for four or more weeks in a year; and
  6. they provide care for direct or indirect compensation. Utah Admin. Code r. 381-100-3.

 

Hourly Child Care Centers

A person must either be licensed under this rule or certified under R430-50, if he or she:

  1. provides care in lieu of care ordinarily provided by a parent;
  2. provides care for five or more unrelated children;
  3. provides care for four or more hours per day;
  4. has a regularly scheduled, ongoing enrollment; and
  5. provides care for direct or indirect compensation. Utah Admin. Code r. 430-90-3(1). 

 

Licensed Family Child Care

A person must either be licensed under this rule or certified under R430-50, if he or she:

  1. provides care in lieu of care ordinarily provided by a parent;
  2. provides care for five or more unrelated children;
  3. provides care for four or more hours per day;
  4. has a regularly scheduled, ongoing enrollment; and
  5. provides care for direct or indirect compensation. Utah Admin. Code r. 430-90-3(1). 

 

Out of School Time Child Care Programs

A person or persons must be licensed to provide child care if:

  1. they provide care in the absence of the child's parent;
  2. they provide care for five or more children;
  3. they provide care in a place other than the provider's home or the child's home;
  4. the program is open to children on an ongoing basis, on three or more days a week and for 30 or more days in a calendar year; and
  5. they provide care for direct or indirect compensation. Utah Admin. Code r. 381-70-3(1). 

A person or persons may be licensed as an out of school time program under this rule if:

  1. they either provide care for two or more hours per day on days when school is in session for the child in care, and four or more hours per day on days when school is not in session for the child in care; or they provide care for four or more hours per day on days when school is not in session; and
  2. all of the children who attend the program are at least five years of age. Utah Admin. Code r. 381-70-3(2). 

 

Residential Certificate Child Care

A person must either be certified under this rule or licensed under R430-90, if he or she:

  1. provides care in lieu of care ordinarily provided by a parent;
  2. provides care for five or more unrelated children;
  3. provides care for four or more hours per day;
  4. has a regularly scheduled, ongoing enrollment; and
  5. provides care for direct or indirect compensation. Utah Admin. Code r. 430-50-3(1).

 

Exemptions

 

General Exemptions

Care not in lieu of parental care.

  1. A license is not required for care that meets all of the following:
    1. the parent is physically present in the building where the care is provided, at all times while the care is being provided, and is near enough to reach his or her child to provide care within five minutes if needed;
    2. the duration of the care is less than four hours for any individual child in any one day;
    3. the program does not diaper children; and
    4. the program does not prepare or serve meals to children. Utah Admin. Code r. 430-8-4.

Care under other government oversight.

  1. A license is not required for care provided at a facility that is owned or operated by the federal government.
  2. A license is not required for care provided by a program that is owned or operated by the federal government.
  3. A license is not required for care provided as part of a summer camp that operates on federal land pursuant to a federal permit.
  4. A license is not required for care provided by an organization that qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code, if:
    1. the care is provided pursuant to a written agreement with a local municipality or a county;
    2. the local municipality or county provides oversight of the program; and
    3. all of the children in care are over age four.
  5. A license is not required for care provided at a residential support program that is licensed by the Department of Human Services. Utah Admin. Code r. 430-8-5.

Mental Health Counseling. A license is not required for group counseling of children provided by a mental health therapist who is licensed to practice in this state, as defined in Utah Code 58-60-102. Utah Admin. Code r. 430-8-6.

Relative Care. The Department does not issue licenses or certificates to persons who only care for related children. Utah Admin. Code r. 430-8-7.

Care in the home of the provider.

  1. A license or certificate is not required for care provided in the home of the provider for less than four hours per day, or for fewer than five children in the home at one time.
  2. The Department does not issue licenses or certificates for care provided in the home of the provider on a sporadic basis only. Utah Admin. Code r. 430-8-8.

Care provided by an educational institution.

  1. A license is not required for care provided by or at a public school or as part of a course of study at a public school.
  2. A license is not required for care provided at a public or private institution of higher education if the care is provided in connection with a course of study at the institution of higher education.
  3. A license is not required for:
    1.  care provided as part of a course of study at a private education institution; or
    2. care provided as part of a program administered by a private education institution.
  4. A license is not required for care provided by a parochial education institution. Utah Admin. Code r. 430-8-9.

Care for less than three days a week. A license or certificate is not required if the provider offers care on no more than two days during any calendar week. A calendar week means from Sunday through Saturday. Utah Admin. Code r. 430-8-10(1).

 

Child Care Centers

See General Exemptions above.

 

Hourly Child Care Centers

The Department does not license, nor is a license required for:

  1. a person who cares for related children only; or
  2. a person who provides care on a sporadic basis only. Utah Admin. Code r. 430-90-3(2).

See General Exemptions above.

 

Licensed Family Child Care

The Department does not license, nor is a license required for:

  1. a person who cares for related children only; or
  2. a person who provides care on a sporadic basis only. Utah Admin. Code r. 430-90-3(2).

See General Exemptions above.

 

Out of School Time Child Care Programs

See General Exemptions above.

 

Residential Certificate Child Care

The Department does not issue certificates, nor is a certificate required for:

  1. a person who cares for related children only; or
  2. a person who provides care on a sporadic basis only. Utah Admin. Code r. 430-50-3(2).

See General Exemptions above.

 

Current through August 2017. For a PDF of the 50-state dataset, click here (this is a large document - you may need to use the zoom function in order to read it). If you would like the spreadsheet version of the dataset, please email Natasha Frost at Natasha.Frost@mitchellhamline.edu.