5.5 Monitoring and Enforcement of Licensing and Health and Safety Requirements

5.5.1 Inspections for licensed CCDF providers head trauma and child maltreatment g. Emergency preparedness and response planning and procedures [x] [x] [x] h. Handling and storage of hazardous materials and disposal of biocontaminants [x] [x] [x] i. Appropriate Precautions in transporting children, if applicable [x] [x] [x] j. Pediatric first aid and pediatric CPR (age- appropriate) [x] [x] [x] k. Child abuse and neglect recognition and reporting [x] [x] [x] l. Child development including major domains of cognitive, social, emotional, physical development and approaches to learning. [x] [x] [x] Licensing inspectors must perform at least one annual, unannounced inspection of each licensed CCDF provider for compliance with all child care licensing standards, including an inspection for compliance with health and safety and fire standards. Lead Agencies must conduct at least one pre-licensure inspection for compliance with health, safety, and fire standards of each child care provider and facility in the State/Territory. a. Licensed CCDF center-based providers i. Does your pre-licensure inspection for licensed center-based providers assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed center- based providers addressing compliance with health, safety, and fire standards: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: Unannounced inspections are conducted annually for licensed center-based providers addressing compliance with health, safety and fire standards. Child Care Licensing requirements are currently noncompliant with CCDF immunization collection and reporting standards for school-age children. The date of preliminary notice for noncompliance issued by OCC was September 27, 2022. Child Care Licensing is currently in the process of updating their administrative rules for providers in order to come into compliance with these standards in spring of 2025. iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: All inspections follow all requirements in rule. iv. Identify which department or agency is responsible for completing the inspections for licensed center-based providers. Child Care Licensing with the Department of Health and Human Services b. Licensed CCDF family child care providers i. Does your pre-licensure inspection for licensed family child care homes assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed family child care homes addressing compliance with health, safety, and fire standards: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: Unannounced inspections are conducted annually for licensed center-based providers addressing compliance with health, safety and fire standards. Child Care Licensing requirements are currently noncompliant with CCDF immunization collection and reporting standards for school-age children. The date of preliminary notice for noncompliance issued by OCC was September 27, 2022. Child Care Licensing is currently in the process of updating their administrative rules for providers in order to come into compliance with these standards in spring of 2025. iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: All inspections follow all requirements in rule. iv. Identify which department or agency is responsible for completing the inspections for licensed family child care providers. Child Care Licensing with the Department of Health and Human Services c. Licensed in-home CCDF child care providers i. Does your Lead Agency license CCDF in-home child care (care in the child’s own home) providers? [x] No. [ ] Yes. If yes, does your pre-licensure inspection for licensed in-home providers assess compliance with health, safety, and fire standards? [ ] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed in-home child care providers for compliance with health, safety, and fire standards completed: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: N/A iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed in-home child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iv. Identify which department or agency is responsible for completing the inspections for licensed in-home providers. N/A 5.5.2 Inspections for license-exempt providers Licensing inspectors must perform at least one annual monitoring visit of each license-exempt CCDF provider for compliance with health, safety, and fire standards. Inspections for relative providers will be addressed in subsection 5.8. Describe the policies and practices for the annual monitoring of: a. License-exempt CCDF center-based child care providers i. Identify the frequency of inspections for compliance with health, safety, and fire standards for license-exempt center-based providers: [ ] Annually. [x] More than once a year. If more than once a year, describe: All providers receive one annual announced and one annual unannounced inspection. [ ] Other. If other, describe: ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt center-based providers? [x] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. License-exempt facilities that are connected to DWS funding follow requirements rather than rules. We use a checklist like all of the other license types. For LE facilities (drop-in gyms, private schools, etc), they follow rules like the other licensed facilities. We also use a checklist for that provider type. All license-exempt facilities receive an approval letter rather than a license. [ ] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt center-based CCDF providers. Child Care Licensing with the Department of Health and Human Services b. License-exempt CCDF family child care providers i. Identify the frequency of the inspections of license-exempt family child care providers to determine compliance with health, safety, and fire standards: [ ] Annually. [x] More than once a year. If more than once a year, describe: All providers receive one annual announced and one annual unannounced inspection. [ ] Other. If other, describe: ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt family child care providers. Child Care Licensing with the Department of Health and Human Services 5.5.3 Inspections for CCDF license-exempt in-home child care providers Lead Agencies may develop alternate monitoring requirements for care provided in the child’s home that are appropriate to the setting. This flexibility cannot be used to bypass the monitoring requirement altogether. a. Describe the requirements for the annual monitoring of CCDF license-exempt in-home child care (care in the child’s own home) providers, including if monitoring is announced or unannounced, occurs more frequently than once per year, and if differential monitoring procedures are used. All providers receive one annual announced and one annual unannounced inspection. No differential monitoring is used. b. List the entity(ies) in your State/Territory responsible for conducting inspections of license-exempt CCDF in-home child care (care in the child’s own home) providers: Child Care Licensing with the Department of Health and Human Services 5.5.4 Posting monitoring and inspection reports Lead Agencies must post monitoring and inspection reports on their consumer education website for each licensed and CCDF child care provider, except in cases where the provider is related to all the children in their care. These reports must include the results of required annual monitoring visits and visits due to major substantiated complaints about a provider’s failure to comply with health and safety requirements and child care policies. A full report covers everything in the monitoring visit, including areas of compliance and non-compliance. If the Lead Agency does not produce any reports that include areas of compliance, the website must include information about all areas covered by a monitoring visit. The reports must be in plain language or provide a plain language summary Lead Agency and be timely to ensure that the results of the reports are available and easily understood by parents when they are deciding on a child care provider. Lead Agencies must post at least 3 years of monitoring and inspection reports. a. Does the Lead Agency post: i. [x] Pre-licensing inspection reports for licensed programs. ii. [x] Full monitoring and inspection reports that include areas of compliance and non-compliance for all non-relative providers eligible to provide CCDF services. iii. [ ] Monitoring and inspection reports that include areas of non-compliance only, with information about all areas covered by a monitoring visit posted separately on the website (e.g., a blank checklist used by monitors) for all non-relative providers eligible to provide CCDF services. If checked, provide a direct URL/website link to the website where a blank checklist is posted: iv. [ ] Other. Describe: b. Check if the monitoring and inspection reports and any related plain language summaries include: i. [x] Date of inspection. ii. [x] Health and safety violations, including those violations that resulted in fatalities or serious injuries occurring at the provider. Describe how these health and safety violations are prominently displayed: These safety violations are displayed on the child care licensing website under the inspections details and also on a monthly report that outlines all fatalities and serious injuries also posted on the website. iii. [x] Corrective action plans taken by the Lead Agency and/or child care provider. Describe: This includes the scope and severity of the noncompliance, any civil money penalties, any citations, compliance dates, and any sanctions in their license. iv. [x] A minimum of 3 years of results, where available. v. If any of the components above are not selected, please explain: c. Lead Agencies must post monitoring and inspection reports and/or any related summaries in a timely manner. i. Provide the direct URL/website link to where the reports are posted: https://ccl.utah.gov/ ii. Identify the Lead Agency’s established timeline for posting monitoring reports and describe how it is timely: Licensors have three business days to complete the inspection report after completing the inspection. Manager reviews the report within three business days as well. As soon as the inspection is approved by the manager, the licensor posts the inspection report on our website. The posting is automated by the system used by Child Care licensing. d. Does the Lead Agency certify that the monitoring and inspection reports or the summaries are in plain language that is understandable to parents and other consumers? [x] Yes. [ ] No. If no, describe: e. Does the Lead Agency certify that there is a process for correcting inaccuracies in the monitoring and inspection reports? [x] Yes. [ ] No. If no, describe: f. Does the Lead Agency maintain monitoring and inspection reports on the consumer education website? [x] Yes. [ ] No. If no, describe: 5.5.5 Qualifications and training of licensing inspectors Lead Agencies must ensure that individuals who are hired as licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified to inspect child care providers and facilities and have received health and safety training appropriate to the provider setting and age of the children served. Describe how the Lead Agency ensures that licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified and have received training on health and safety requirements that are appropriate to the age of the children in care and the type of provider setting. To make sure inspections and investigations are conducted equitably, effectively, efficiently, and in accordance with local and federal requirements, our staff go through extensive training. First, the Office of Licensing strives to hire individuals with experience in the type of care they will be assigned to inspect, survey, or investigate and with degrees in any related fields. Second, depending on the facility type and the area of work they will be assigned to, the individual’s professional and educational level, and previous knowledge and expertise, new staff go through about 480 hours of initial targeted training. Training may include, but is not limited to: - Administration of medication - Prevention and response to emergencies due to food and allergic reactions - Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic - Abusive trauma and child maltreatment - Emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event (such as violence at a care facility) - First aid and cardiopulmonary resuscitation - Recognition and reporting of child abuse and neglect - Substance Abuse - Interviewing Techniques - Caseload management - NARA (National Association for Regulatory Administration) licensing training - Handling difficult conversations and effective communication - Child Development and conflictive behavior - Time management - Teamwork, professionalism, and work ethics - Applicable rule and statute - Inspection and investigation process Third, Office of Licensing staff receive at least 50 hours of ongoing annual training. This training may include all previously stated topics in addition to our office specific and HR related topics. Licensors and investigators are organized in specialized teams and according to provider settings: human services programs, residential and commercial child care and child care exempt facilities, health facilities, certification, acute non long term health, License Exempt, and complaint investigations. Their caseloads vary depending on their individual teams and other assignments. 5.5.6 Ratio of licensing inspectors Lead Agencies must ensure the ratio of licensing inspectors to child care providers and facilities in the State/Territory are maintained at a level sufficient to enable the Lead Agency to conduct effective inspections of child care providers and facilities on a timely basis in accordance with federal, State, and local laws. Provide the ratio of licensing inspectors to child care providers (i.e., number of inspectors per number of child care providers) and facilities in the State/Territory and include how the ratio is sufficient to conduct effective inspections on a timely basis. Child Care Licensing licensors are organized in teams that specialize in the different facility types. This gives our licensors the opportunity to become more familiar with their providers and applicable rules and better manage their assigned caseload. Annual evaluation of the caseloads and necessary adjustments based on facility size, travel time, and level of difficulty are conducted to ensure the ratio is sufficient to conduct effective inspections on a timely basis. Center ratio 1:100, Residential ratio 1:130, License Exempt ratio 1:150.