Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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NOTICES OF PROPOSED RULES DAR File No. 35575(b) other forms of positive guidance;(c) redirection; or(d) time out.(3) Discipline measures shall not include any of thefollowing:(a) corporal punishment, including hitting, shaking,biting, pinching, or spanking;(b) restraining a child's movement by binding or tying;(c) use of abusive, demeaning or profane language;(d) forcing or withdrawing food, rest or bathroomopportunities; or(e) confining a child in a locked closet, room, or similararea.R430-60-9. Care Giver to Child Ratios.(1) The licensee must maintain minimum care giver tochild ratios as provided in Table 1.TABLE 1Minimum Care giver to Child RatiosCare giver Children Limits for Mixed Ages1 12 No children under age 21 8 3 children under age 21 6 4 children under age 2(2) Regardless of the number of other children and theminimum ratios in Table 1, if only two care givers are present, thefacility may not care for more than four children under the age oftwo.(3) For no more than 20 minutes, the minimum ratios inTable 1 may not exceed one care giver to 16 children if none of thechildren are younger than 24 months old, to allow for an additionalcare giver to arrive at the program.(4) An hourly program that exceeds the ratio in Table 1,must be able to document having care givers, who, as a condition oftheir employment, are on call to come to the program as needed andarrive at the program within 20 minutes after receiving notificationto report.(5) Whenever the total number of children present to becared for at a hourly program is more than 20, children youngerthan 24 months must be cared for in an area that is physicallyseparated from older children. All children 24 months old and oldermay be cared for in the same group in the same area.(6) A child of an employee or owner age four or olderwill not be counted for determining care giver to child ratios.R430-60-10. Medications.(1) If an hourly child care provider chooses to administermedications to a child then a trained, designated care giver shalladminister medications.(2) Training for the administration of medications shallinclude the following:(a) Oral over-the counter and prescription medicationsmust be in the original or pharmacy container;(b) have the original label;(c) include the child's name;(d) have child proof caps; and(e) have instructions for administration.(3) The parent or guardian must complete a medicationrelease form for each child receiving medications at the facility thatcontains:(a) the name of the medication;(b) the dosage;(c) the route of administration;(d) the times and dates to be administered;(e) the illness or condition being treated; and(f) the parent or guardian signature.(4) Medication records shall be maintained that include:(a) the times, dates, and dosages of the medicationsgiven;(b) the signature or initials of the care giver whoadministered the medication; and(c) documentation of any errors in administration oradverse reactions.(5) The director or designee shall report any adversereaction to a medication or error in administration to the parent orlegal guardian immediately upon recognizing the error or reaction.(6) Medications shall be secured from access to children.(7) Medications stored in refrigerators shall be in spillproofpackaging and shall be kept in a covered, leakproof storagecontainer.(8) Unused medications shall be returned to the parent orguardian. Out-of-date medications shall be promptly discarded orreturned to the parent or guardian to be destroyed.R430-60-11. Parent Notification and Child Security.(1) The director shall establish a procedure for care giversto check who has written authorization to pick up children. Onlyparents or persons with written authorization from parents shall beallowed to take any child from the facility, except that verbalauthorization may be used in emergency situations. The directorshall ensure a sign in and sign out document for the past threemonths is maintained for Department review.(2) The director shall ensure that the parents or guardiansare informed of all injuries and incidents that occur during thechild's stay at the program. A written report shall be provided to theparents, and notification shall occur at the time that the injury orincident occurs if medical treatment is required. At the time ofadmission, the director shall obtain a signed permission form fromthe parent or legal guardian for emergency medical treatment.(3) For any emergency that requires a response byemergency medical treatment providers, fatality, or hospitalizationof a child in care, the licensee shall:(a) notify the Department within 24 hours of occurrence,either by phone or facsimile; and(b) submit to the Department within five business days ofoccurrence a written injury and accident report.(4) The director shall develop a policy to address howlong a child may cry before the parent is contacted.R430-60-12. Activities.(1) The licensee shall have an array of activities andsufficient supplies at the center, which are appropriate for the ageand development of the children accepted for care.(2) There shall be a minimum of 35 square feet per childof indoor play area for each child in care under age 14.58 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2
DAR File No. 35575NOTICES OF PROPOSED RULES(3) If an outdoor play area is available, the area shall haveat least 40 square feet for each child using the play area at any giventime for each child in care under age 14.(4) Outdoor play areas shall be fenced or have a naturalbarrier that provides protection from unsafe areas. Fences shall beat least four feet high. If local ordinances conflict, the director mayrequest a variance from the Department. Any gaps within the fenceshall not be greater that three and one-half inches. The bottomedges of fence shall not be more than three and one-half inchesabove the ground.R430-60-13. Fire, Sanitation, and Safety.(1) The licensee shall have a written emergency anddisaster plan in case of fire, flood, earthquake, blizzard, powerfailure or other disasters that could create structural damage to thefacility or pose a health hazard. The director shall hold simulatedfire drills monthly and semi-annual disaster drills. The directorshall document all drills, including date, participants, and problemsencountered.(a) The director shall post evacuation routes whichindicate the location of fire alarm boxes and fire extinguishers inprominent locations throughout the center. Each center shall haveapproved fire extinguishers and be inspected by the local fireauthority annually.(b) The licensee shall ensure that the telephone service isin working order, unless there is a utility failure, and inform theDepartment of the current phone number.(c) The names and telephone numbers of the emergencymedical personnel, fire department, police, poison control andlicense holder shall be posted by the telephone.(2) A person may not smoke or use tobacco in any childcare facility during the period of time a child is present in thefacility. All lighters and matches shall be inaccessible to children.(3) The director of the facility shall establish writtenpolicies and monitor the care givers to ensure that the use andaccessibility to tobacco, alcohol, illegal substances or sexuallyexplicit materials are prohibited by any person anywhere on thepremises during the hours of operation when children are in care.(4) The toilet rooms of the hourly program must becleaned and disinfected daily.(5) If the program accepts a child in a diaper, then thediaper shall be changed only in a designated diaper changing area.The designated area shall:(a) have diaper changing procedures posted;(b) be separate from food storage, food preparation, andeating areas.(c) have a hand sink equipped with soap, hot and coldrunning water within three feet of the diaper-changing surface; and(d) have a smooth nonabsorbent diaper changing surface,railing and a sanitary container for soiled and wet diapers.(6) Care givers shall change a child's clothing when it issoiled with fecal material or urine and place the clothing into aleakproof container to be sent home with the parent or legalguardian. Clothing soiled with feces or urine shall not be rinsed atthe facility.(7) Hand washing policies shall be followed to assureprotection from contamination and the spread of microorganisms.Hand washing procedures shall be posted at all hand washing sinks.(a) Care givers shall wash and scrub their hands for 20seconds with soap and warm running water at times specified inpolicy.(b) Care givers shall teach children proper hand washingtechniques and oversee hand washing whenever possible.(c) Care givers and children shall wash their hands afterusing the toilet, before and after eating and before and after foodpreparation.(8) The licensee shall provide the following supplies andmake them accessible to children: toilet paper, liquid hand soap,facial tissues, and single use paper towels or warm air hand dryers.(9) The director shall keep and maintain a first aid kit anda portable blood and bodily fluid clean-up kit. All care givers shallknow the location of and how to use the kits.(10) Equipment and furniture must be durable, in goodrepair, structurally sound, and stable following assembly andinstallation.(a) Equipment must be free of sharp edges, dangerousprotrusions, openings where a child's extremities could be pinchedor crushed, and openings or angles that could trap part of a child'sbody.(b) Tables, chairs, and other furniture must be appropriateto the age and size of children who use them. High chairs musthave safety straps.(c) Toys and equipment that are likely to be mouthed byinfants and toddlers must be made of a material that can bedisinfected. These must be cleaned and disinfected when mouthedor soiled and at least daily.(d) Sharp objects, medicines, plastic bags, and poisonousplants and chemicals, including household supplies, must be storedout of reach of children.(e) Electrical outlets accessible to children four years ofage and younger shall be protected or capped with safety devices.(f) All pieces of outdoor playground equipment shall besurrounded by a resilient surface of loose cushioning, at least nineinches in depth, or mats manufactured for such use, consistent withthe guidelines of the Consumer Product Safety Commission and thestandards of the American Society for Testing and Materials. Allindoor playground equipment, for example slides and climbers,shall be surrounded by cushioning materials, such as mats, in a sixfoot fall zone. Indoor play equipment shall not exceed three feet atthe highest point.(g) The areas used by children must be free from debris,loose flaking, peeling, or chipped paint, loose wallpaper, orcrumbling plaster, litter, and holes in the walls, floors and ceilings.Rugs must have a non-skid backing or be firmly fastened to thefloor and be free from tears, curled, or frayed edges, and hazardouswrinkles.(h) Infant walkers with wheels are not permitted in hourlychildcare programs.(11) Hot water accessible to children shall not exceed thescalding standard of 120 degrees Fahrenheit.(12) The licensee shall take effective and safe measuresto prevent, control, and eliminate the presence of insects, rodents,and other vermin on the premises.(13) There shall be adequate housekeeping services tomaintain a clean and sanitary environment.UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 59
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UTAH STATEBULLETINOFFICIAL NOTICES
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TABLE OF CONTENTSTax CommissionAdmi
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SPECIAL NOTICESHealthHealth Care Fi
Page 13 and 14: DAR File No. 35613NOTICES OF PROPOS
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Page 28 and 29: NOTICES OF PROPOSED RULES DAR File
Page 112 and 113: NOTICES OF 120-DAY (EMERGENCY) RULE
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NOTICES OF 120-DAY (EMERGENCY) RULE
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NOTICES OF 120-DAY (EMERGENCY) RULE
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FIVE-YEAR NOTICES OF REVIEW AND STA
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NOTICES OFRULE EFFECTIVE DATESState
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2012 RULES INDEXBY AGENCY (CODE NUM
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RULES INDEXKEYWORDAGENCYFILENUMBERC
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2011 COMPLETE RULES INDEXBY AGENCY
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RULES INDEXAnimal IndustryR58-1 Adm
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RULES INDEXR151-3 Americans With Di
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RULES INDEXR162-2c-204 License Rene
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RULES INDEXR277-115 Copyrighting Ma
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RULES INDEXRehabilitationR280-204 U
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RULES INDEXR315-17 End of Life Auto
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RULES INDEXWomen, Infants and Child
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RULES INDEXR414-3A-2 Definitions 35
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RULES INDEXR432-950 Mammography Qua
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RULES INDEXR590-172-4 Rule 35006 AM
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RULES INDEXLIEUTENANT GOVERNORElect
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RULES INDEXR657-26 Adjudicative Pro
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RULES INDEXPUBLIC SERVICE COMMISSIO
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RULES INDEXR865-13G-17R865-14W-1R86
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RULES INDEXR909-19 Safety Regulatio
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RULES INDEXR986-700-714 CC Payment
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Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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