Administrative Rule Review Report  #AR08-047

Legislative Service Office

01-Jul-08

AGENCY: Department of Family Services.

DATE SUBMITTED: June 24, 2008.

SUBJECT: Chapters 1 through 12, Certification of Child Care Facilities.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 9-2-2104(a)(vii), 14-4-104(d) and (e), 14-4-105.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:        The Department of Family Services is responsible for licensing  child care facilities.  The Agency's Statement of Reasons provides an accurate and complete description of changes to its existing child care licensing rules.  Major changes include:

· Clarification that certification is conditioned upon completion of a background check without discovery of disqualifying factors;

· Removal of 2-year licensing authorization, thus requiring annual recertification;

· Authorization and procedures for case-by-case variance of licensing rules;

· Standardization of certification fee at $25, regardless of facility size;

· Conforming grounds for license denial with the federal Adam Walsh Child Protection Act;

· Clarification of "inappropriate language" for purposes of facilities' discipline policy;

· Addition of a requirement that facilities have a written emergency preparedness plan;

· Coordination with Dept. of Health food safety, sanitation and communicable disease regulations;

· Update of facility requirements in coordination with State Fire Marshal requirements.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Gerald W. Laska

Staff Attorney

_______________________

David K. Gruver

Assistant Director

GWL/