(1) Except as provided in Section 26B-2-405, a person may request a Residential Child Care Certificate from the department if the person provides residential child care for eight or fewer qualifying children. (2) The minimum qualifications for a Residential Child Care Certificate are: (a) the submission of: (i) an application in the form prescribed by the department; (ii) a certification and criminal background fee established in accordance with Section 26B-1-209; and (iii) in accordance with Section 26B-2-406, identifying information for each adult person and each juvenile age 12 through 17 years old who resides in the provider's home: (A) for processing by the Department of Public Safety to determine whether any such person has been convicted of a crime; (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court; and (C) to discover whether the person is listed in the Licensing Information System described in Section 80-2-1002; (b) an initial and annual inspection of the provider's home within 90 days of sending an intent to inspect notice to: (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying child who receives child care in the provider's home; (ii) identify serious sanitation, fire, and health hazards to qualifying children; and (iii) make appropriate recommendations; and (c) annual training consisting of 10 hours of department-approved training as specified by the department by administrative rule, including a current department-approved CPR and first aid course. (3) If a serious sanitation, fire, or health hazard has been found during an inspection conducted pursuant to Subsection (2)(b), the department shall require corrective action for the serious hazards found and make an unannounced follow up inspection to determine compliance. (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the department may inspect the home of a certified provider in response to a complaint of: (a) child abuse or neglect; (b) serious health hazards in or around the provider's home; or (c) providing residential child care without the appropriate certificate or license. (5) With respect to residential child care, the department may only make and enforce rules necessary to implement this section.
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