Balance needed on child care

At first blush, proposed rule changes to do away with spot checks at licensed child-care providers and to stop responding to anonymous complaints about providers or their facilities may give the impression that the state Department of Health is scaling back on child-care regulations.

State officials say neither practice helps regulators accurately assess whether child-care providers are following licensing requirements, which range from maintaining prescribed child-to-caregiver ratios to record-keep- ing. Regulators say a very small percentage of anonymous complaints can be substantiated. Unannounced spot checks of child-care facilities can be ineffective because the owner of the business may not be present, staff may not have access to records or adequate staffing may not be available to free up a director to respond to an inspector's questions. Licensing officials contend that scheduled inspections — followed by unannounced visits to ensure problems have been corrected — will provide better information and build rapport with child-care providers. A handful of providers have complained to lawmakers in recent months that the licensing agency is so heavyhanded that it is driving child-care centers out of business.

Given the acute need for child care in Utah, regulators must constantly refine the regulatory process. A task force of providers, academics and other child-development experts has been meeting for nine months to develop recommendations how the state can improve upon its regulatory practices. The State Licensing Bureau has not, however, rolled back any state regulations. It shouldn't, because the health and safety of children in licensed, and certified child-care settings depend upon these rules and laws.

As the Utah Department of Health prepares rule changes, and members of the Utah Legislature await the results of a legislative audit over child-care licensing, the health department and lawmakers alike should review the license exemptions granted to certain categories of child-care providers such as preschool programs, child-care programs sponsored by religious organizations and before- and after-school programs. These programs are exempt from licensing requirements and compete directly with licensed child-care centers in the private sector. Many receive subsidies from religious organizations or the government, yet compete with private providers for grants administered by the state Office of Child Care.

Considering the thin margins under which many child-care businesses operate and their constant struggle to keep quality providers, it's understandable that some providers might feel as though they are unfairly singled out and want to quit the business.

Health department statistics suggest that the number of available child-care slots in Utah has grown about 10 percent since 1999. But the market share appears to be shifting from child-care centers to in-home child-care providers who hold residential certificates. Perhaps legislative auditors can determine if this phenomenon is market driven or if it is related to the regulatory climate.

The bottom line is that health department inspections provide a snapshot of regulatory compliance. Parents must be their child's primary advocate. They have the benefit of visiting their child's caregiver daily and should assess for themselves the safety and quality of their care.