Except as provided in Section 26B-2-405, and subject to Subsection (2), a person shall obtain a license from the department if:
Terms Used In Utah Code 26B-2-403
Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
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:
(a)
in lieu of care ordinarily provided by a parent in the parent's home;
the person provides center based child care for five or more qualifying children;
(b)
the person provides residential child care for nine or more qualifying children; or
(c)
the person:
(i)
provides child care;
(ii)
is not required to obtain a license under Subsection (1)(a) or (b); and
(iii)
requests to be licensed.
(2)
Notwithstanding Subsection (1), a certified provider may, in accordance with rules made by the department under Subsection 26B-2-402(3), exceed the certified provider’s capacity limit to provide after school child care without obtaining a license from the department.
(3)
The department may issue licenses for a period not exceeding 24 months to child care providers who meet the requirements of:
(a)
this part; and
(b)
the department’s rules governing child care programs.
(4)
A license issued under this part is not assignable or transferable.
Renumbered and Amended by Chapter 305, 2023 General Session
