CaringforOurChildren:NationalHealthandSafetyPerformanceStandards,NAEYC,andUtahChild CareLicensingComparisonChart

CenterStafftoChildRatios
Age Caringfor Our Children 1:3 1:4 1:4 1:7 1:8 1:8 1:10 1:12 NAEYC Utah Licensing 1:4 1:4 1:7 1:12 1:15 1:20 1:20 1:20 Proposed byUPCCA 1:5 1:5 1:9 1:15 1:19 1:25 1:25 1:25 Age

CenterGroupSizes
NAEYC CaringforOur Utah Children Licensing

12months 1323months 2yearolds 3yearolds 4yearolds 5yearolds 6to8yearolds 9to12yearolds

1:3 1:4 1:4 1:6 1:10 1:10

12months 6 6 8 1323months 8 8 8 2yearolds 8 8 14 3yearolds 12 14 24 4yearolds 20 16 30 5yearolds 20 16 40 6to8yearolds 20 40 9to12yearolds 24 40 UPCCArecommendstoeliminategroupsizes

FamilyandRCStafftoChildRatiosRatios
CaringforOurChildren 1:6ifnochildrenunderage2 1:4if1childunderage2 1:2if2childrenunderage2 Notallowed UtahLicensing 1:8 1:8 1:8 1:6if3childrenunder age2(forLicensed Familyonly) Proposed byUPCCA 1:10 1:10 1:10 Ages 12months 1323months 2to12yearolds

FamilyGroupSize
CaringforOur Children 6 8 12 UtahLicensing 12withone providerincluding theprovider's childrenthrough age12present duringchildcare h

RC=ResidentialCertificate

To: Child Care Licensing Advisory Committee From: Ed Dieringer, Board Member Date: 09/12/2013 Re: Request for Action to Reduce Burdensome Regulation Too often I have heard in these meetings that certain changes to the child care licensing rules would require the public to petition our State Legislator(s) to take action. Today, I look forward to not hearing those words 26-39-101. Title. "Utah Child Care Licensing Act" States 26-39-201. Child Care Licensing Advisory Committee. (1) (a) There is established the Child Care Licensing Advisory Committee to advise the department on rules made by the department under this chapter. 26-39-301. Duties of the Department (of Child Care Licensing). (1) With regard to child care programs licensed under this chapter, the department may: (a) make and enforce rules to implement this chapter and, as necessary to protect qualifying children's common needs for a safe and healthy environment, to provide for: (b) make and enforce rules necessary to carry out the purposes of this chapter, in the following areas: (i) requirements for applications, the application process, and compliance with other applicable statutes and rules; (ii) documentation and policies and procedures that providers shall have in place in order to be licensed, in accordance with Subsection (1)(a); (vi) procedures for inspections, complaint resolution, disciplinary actions, and other procedural measures to encourage and assure compliance with statute and rule; and (vii) guidelines necessary to assure consistency and appropriateness in the regulation and discipline of licensees; and (2) Rules made under this chapter shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) (4) In licensing and regulating child care programs, the department shall reasonably balance the benefits and burdens of each regulation and, by rule, provide for a range of licensure, depending upon the needs and different levels and types of child care provided. Therefore, concerning matters of Child Care Licensing Rules found at R430-100 (Rules), State Law 2639-101 says this Department we advise has the authority under Title 63G, Chap 3, Utah Admin Rulemaking Act, and spells out the procedures, to create, implement, and change these Rules. Further, we, as the advisory committee, are delegated the responsibility to advise them, as found at 26-39-101, Title: Utah Child Care Licensing Act (which IS legislated) so the Department may discharge their duty to reasonably balance the benefits and burdens of each regulation.

Mr. Chairman, it is because of this responsibility that I hope you will allow me to bring forward a motion. Background:

1. Licensed Child Day Care Centers in Utah are being stressed economically a. In 1997 Utah had 330 licensed Child Care Centers serving a Utah population of ~2M. b. In 2013 Utah has 280 licensed Child Care Centers serving a Utah population of ~3M. c. Most of the Utah population growth occurs by natural increase, - No. 1 in nation for births, No. 51 in deaths. Currently 12 yo and under make up about 25% of our population. Public school attendance moved from 475K in 1997 to 650K in 2013. d. Projections of Utah general population growth show an expected additional 20% by 2020. Utahs Public school population is projected to be pushing 700K by 2017. e. In the meantime, since 1997 to 2013, licensed child care agencies in Utah have declined by 15%. 2. Overlaying the population growth graph on the licensed day care decline illustrates the stark reality of a much greater difference than 15%. Without even getting into Utahs demographic details regarding working families, couples, and single parents we can easily see that while our overall, and particularly our child, population is waxing-large, licensed child day care centers are inversely and significantly waning. 3. As licensed providers, we recognize that this issue is a financial one. Licensed child care centers are economically disadvantaged as a result of a high, regulatory burden that is costly to licensed providers combined with an unbalanced regulatory scheme that allows exempt programs to compete unfairly. The licensing bureaus own estimates have license-exempt programs occupying more than 50% of the marketplace. My competition is the growing segment of child care industry that has NO requirements. 4. See Table A. Utah is 8th in the nation for its regulatory oversight for licensed day care (Child Care Aware 2013). Yet, due to our economics and unbalanced marketplace, licensed child care centers experience the lowest tuition rates compared to surrounding states. In a nutshell, the economics are, highly regulated Utah licensed child day care centers must compete against unlicensed providers that are subject to no rules and often enjoy taxpayers direct and indirect support further decreasing these unlicensed providers costs. It is difficult and sometimes impossible to charge a tuition rate that ensures quality because parents can simply choose an unlicensed program that drives down rates in the marketplace. 5. It also creates a scenario where investment in quality licensed programs is hampered as potential business owners recognize the unbalanced marketplace and invest dollars elsewhere.

6. The end result is that families are migrating to the lower cost, unregulated programs, and fewer children are being cared for (and protected), under the States licensing rules that are created for this very purpose, to protect them. In other words, licensed care and licensing are losing relevance in Utah. 7. For 16 years the plan to correct the imbalance has been to increase regulation of the exempt programs. Although this has seemed to be the most logical solution to improving our childrens safety, our legislature and Governor have overwhelmingly declined to increase regulations on Utah industry, particularly small business. In fact, on two separate occasions the Governor has charged the Executive Branch to reduce the regulatory burden on business to improve financial viability. In Child Care Licensing, the reduction in regulatory burden has been almost nonexistent. 8. It would then lead me to conclude that, as an advisory committee, we need to take action to support our own Governors instruction, and the Departments requirement to reasonably balance the benefits and burdens of regulation where practical and support the financial viability of our licensed child care centers and the relevance of child care licensing. 9. Considering our States bent to continue the high level of unregulated child care environments, several Utah licensed child day care providers recommend that the most effective changes to licensing regulation while maintaining the benefits of licensing would be in the areas of child to staff ratios, group sizes, and square footage per child. These are the three factors that substantially limit commercial centers ability to pay reasonable wages, offer benefits, meet new federal requirements, and show the ability to make a profit worthy of attracting investment and justifying risk. 10. Moreover, this action is necessary to help bring balance to the marketplace. If federal funds are further sequestered (and all indications are that they will be) it will unquestionably impact the Department of Workforce Services ability to support families who use a child care subsidy to find adequate care. Further regulatory relief will be necessary to increase the care needed for parents to remain employed and assure more children, not fewer, are protected under the States purview.

Therefore, I make the following motion: I so move that this Committee agree to the selection of a subcommittee to study and make recommendations to the Bureau of Child Care Licensing by next meeting regarding amending its Rules in the areas of child to staff ratios, group sizes, square footage per child, and, if discovered, other reasonable areas. These recommendations are to utilize other States regulations, safety records, if available, and promote the increase of children who are directly protected by the laws intended to protect them.
Second: Discussion: Vote:

Table A
Facililties Program Oversight Oversight Standard Program per Score Rank Score Standard License Overall (/110) Rank(/52) Staff (:1) (/52) (/40) Rank (/52) 3 31 11 83 9 61 16 33 8 68 28 63 22 29 15 67 30 87 29 23 28 69 26 65 32 18 39 73 23 117 35 21 34 67 30 140 38 30 13 56 44 95 46 26 21 53 45 66 52

State WA UT AZ NV OR CO MT WY ID

Total Score (/150) 114 101 96 92 91 88 86 79 23

2011 Cost per infant $ 10,920 $ 7,848 $ 8,946 $ 9,413 $ 11,079 $ 12,621 $ 8,307 $ 7,727

2011 cost per 4 yo $ 8,320 $ 5,988 $ 7,263 $ 7,532 $ 8,542 $ 9,239 $ 7,285 $ 7,316