UTAH CODE (Last Updated: January 16, 2015) |
Title 26. Utah Health Code |
Chapter 39. Utah Child Care Licensing Act |
Part 4. Licensing |
§ 26-39-403. Exclusions from chapter -- Criminal background checks by an excluded person.
Latest version.
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(1) The provisions and requirements of this chapter do not apply to: (a) a facility or program owned or operated by an agency of the United States government; (b) group counseling provided by a mental health therapist, as defined in Section 58-60-102, who is licensed to practice in this state; (c) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; (d) care provided to qualifying children by or in the homes of parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts; (e) care provided to qualifying children, 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; (f) care provided to qualifying children 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; (g) care provided to qualifying children 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; (i) care provided to qualifying children as part of a summer camp that operates on federal land pursuant to a federal permit; (j) care provided by an organization that: (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code; (ii) is provided pursuant to a written agreement with: (A) a municipality, as defined in Section 10-1-104, that provides oversight for the program; or (B) a county that provides oversight for the program; and (iii) is provided to children who are over the age of four and under the age of 13; or (k) care provided at a residential support program that is licensed by the Department of Human Services. (2) A person who is excluded, under Subsection (1), from the provisions and requirements of this chapter, shall conduct a criminal background check on all of the person's employees who have access to a qualifying child to whom care is provided by the person.
Renumbered and Amended by Chapter 111, 2008 General Session