Early Education

Representative Susan Pulsipher’s HB 153: Child Care Revisions narrowly passed the Utah State Legislature on February 28, 2024, and was signed by the Governor on March 14, 2024.

Initially proposed as a child tax credit expansion initiative, HB 153 has evolved into a more complex bill with significant implications. This FAQ aims to address questions about the passed bill and explain its key components.

 What does HB 153 do?

There are three main components to this bill:

1. Child Tax Credit Expansion: HB 153 expands Utah’s child tax credit to include 4-year-olds. Currently, children aged 1-3 are eligible if their family meets certain income criteria and has a tax liability. This expansion will make the credit available to 0.4% more families, benefiting 1.1% more children, with an average annual tax savings of $456 per eligible family.
2. Unlicensed Provider Capacity Expansion: HB 153 increases the cap on the number of unrelated children an unlicensed provider can care for from 6 to 8 (current law remains at 10 children cap if also caring for related children). With this change, Utah now ranks as the second-worst state nationally in unregulated care capacity, trailing only South Dakota.
3. New Unlicensed Provider Oversight: In response to concerns from the child care community, HB 153 introduces new requirements for unlicensed providers. They must now undergo criminal background checks through the Office of Child Care Licensing. Additionally, a new stipulation limits the number of children under 3 years old being cared for to 2. Previously, unlicensed providers operated without formal oversight or state requirements.

When will this go into effect?

Each component of the bill will go into effect at a different time:

1. Child Tax Credit Expansion: Initially introduced under HB 170 in 2023, the Child Tax Credit, applicable to children aged 1-3, cannot be claimed until families file their 2024 taxes, in 2025. For families with eligible 4-year-olds, the credit won't be claimable until they file their 2025 taxes, in 2026.
2. Unlicensed Provider Capacity Expansion: Starting May 1, 2024, unlicensed providers will be permitted to care for up to 8 unrelated children.
3. New Unlicensed Provider Oversight: Background check requirements and restrictions on the number of children under the age of 3 in care will take effect on July 1, 2024.

How will this new oversight of unlicensed providers function under HB 153?

The Office of Child Care Licensing (OCCL) within the Department of Health and Human Services already oversees residential child care licenses, which are required for providers caring for 9 or more children. OCCL also oversees the Residential Certificate program which is currently required for providers caring for 7-8 children. HB 153 now makes Residential Certification optional. 

Additionally, HB 153 essentially adds a new layer of regulated care, mandating background checks for providers caring for under 8 children who do not hold a license or certificate. Current law does not require background checks for anyone caring for under 6 children. HB 153 mandates the same level of background checks as licensed child care providers, covering all staff, volunteers, and individuals older than 12 residing in the residence.

The process and enforcement mechanisms are still unclear. The bill directs the Department of Health and Human Services to establish rules for criminal background check submission. Similar requirements exist in Idaho, but enforcement is limited to instances where an unlicensed program is reported to the state.

Stay tuned for further guidance from the Office of Child Care Licensing regarding this process.

Will this increase access to child care? Will it decrease the cost of child care?

The answer is uncertain. While the state has previously expanded unlicensed child care capacity, the lack of tracking of unlicensed child care makes it impossible to gauge effectiveness.

Regulations are often blamed for high child care costs and limited availability, but studies show no direct correlation between state regulations and child care supply levels. Utah's Office of Child Care Licensing continuously strives to make licensing as easy to obtain as possible without compromising quality and safety standards.

There's no evidence to suggest this change will alleviate the child care crisis. In fact, experts predict it may decrease available child care by incentivizing programs to downsize and forego licenses.

Is this licensing change safe?

Just as there are undoubtedly reputable unlicensed providers, incidents can occur in licensed facilities as well. However, licensed providers benefit from established systems for monitoring and support, facilitating continuous improvement. The challenge with unlicensed providers lies in the lack of oversight—without clear regulations, identifying potential risks becomes difficult. 

Unfortunately, the impact of unlicensed child care expansion often goes unrecognized until horrible things happen and it's too late. Without state oversight, it’s important for parents to learn about the differences between licensed and unlicensed child care. Below is a comparison chart outlining key distinctions, but we encourage parents to leverage OCCL's resources for informed decision-making.

* Training covers CPR, First Aid, home safety, emergency prevention, shaken baby syndrome prevention, sudden infant death syndrome prevention, care for children with disabilities, infectious disease control, child development, homelessness detection, and child abuse awareness.

This FAQ will be regularly updated with new questions and any developments from the Office of Child Care Licensing. If you have additional questions, please don't hesitate to reach out to Jenna at .

Governor Cox unveiled his budget last week, and the general direction of the budget is positive. Voices for Utah Children is interested in some specific components of the budget that directly impact Utah children and their families:

Public Education

$854 million increase, including a 5% jump in per-pupil funding and $55 million for rural schools

This is a much-needed investment in public education. We support the focus on rural schools and are anxious to see the details as they emerge. Public education consistently polls as a top priority for Utahns of all political parties and backgrounds.

Support for Utah Families

 $4.7 million to expand Utah’s child tax credit and $5 million for accessible child care

We appreciate the fact that the Governor has begun to address the urgent needs of Utah families with young children. However, both allocations fall far short of the amount required to truly support and elevate these young families’ current needs. A truly impactful child tax credit would require an investment of at least $130 million, and the benefits in reducing child poverty in Utah would be substantial. Our recent report on child care in Utah clearly illustrates the need for bold action to support families in the workforce, who are struggling with the cost and unavailability of child care. The Governor’s $5M project will help very few Utah families and does not address the true need.

Housing

$128 million for homeless shelters and $30 million for deeply affordable housing

We support the Governor in his effort to better support the homeless residents of our state. We encourage a greater focus on expanding support for homeless children specifically. Early care and education opportunities for young children as well as more supportive programs for their parents and caregivers are critical to helping families find stable housing and better future opportunities. Investing in deeply affordable housing will help many Utah families.

Behavioral/Mental Health 

$8 million for behavioral and mental health

This is not enough to address the current mental health needs of Utahns – in particular, those of our children and the folks tasked with raising them. We need more mental health professionals and greater access to services. We know this is a major concern for the Governor and we encourage increased strategic investment in this area.

It is also important to acknowledge and applaud some items the Governor wisely left out of his proposed budget:

No Proposed Tax Cuts 

Utahns want to see more invested in our children while they are young, to prevent greater challenges later in life. It is our children who suffer most, when politicians toss our tax dollars away on polices that mostly benefit the wealthiest 1% of Utah households.

No Proposed Funding for Vouchers

Public funds should not be redirected to private entities. Utah needs an annual audit of the current program, to assess who is benefitting from school vouchers. In other states, the results are not good – vouchers are looking more and more like a tax break for wealthy families.

Bold Investments Needed for Utah's Children

Governor Cox's budget focuses on increasing funding for education, families, and affordable housing.

These are all areas where we believe bold investment is needed. We support the Governor in addressing these issues, but cannot overlook how this budget falls short in the face of the ongoing struggles faced by Utah families with children.  

We encourage our Legislature to use the Governor’s budget as a roadmap and increase the allocations to the amount needed.

At Voices for Utah Children, we always start with this guiding question: "Is it good for all kids?" That remains our north star at the outset of the 2024 legislative session, and is reflected in our top legislative priorities.

So, what’s good for all kids in 2024?

A Healthy Start!

A healthy start in life ensures a child's immediate well-being while laying a foundation for future success. We are steadfast in our commitment to championing policies that prioritize every child's physical, mental, and emotional well-being. Central to this commitment is our focus on improving Utah’s popular Medicaid and CHIP programs, which are pivotal in the lives of many Utah children and families. 

This legislative session, a healthy start for kids looks like:

• Empowering Expectant Mothers: We support a proposal from Rep. Ray Ward (R-Bountiful) to increase access to health coverage for low-income and immigrant mothers-to-be.
• Increasing Access to Health Care: We support bills that aim to improve access to the vital healthcare services children and parents need, especially for those on Medicaid and CHIP.
• Protecting Health Coverage: We oppose any effort to defund, and exclude deserving children from, the Medicaid and CHIP programs that help thousands of Utah kids every year. 

Early Learning and Care Opportunities!

The formative years of a child's life lay the foundation for their future, shaping their cognitive abilities, socio-emotional skills, and passion for learning. We will support efforts to increase access to home visiting programs and paid family leave, but ensuring consistent, quality, and affordable child care is our top priority.

This legislative session, early learning and care opportunities for kids looks like:

• Bolstering Access to Quality Child Care: We support the efforts of both Rep. Andrew Stoddard (D-Sandy) and Rep. Ashlee Matthews (D-Kearns) to extend the successful Office of Child Care stabilization grant program that has supported licensed child care programs statewide.
• Investing in High-Quality Preschool: We support an anticipated legislative proposal to streamline Utah’s existing high-quality school-readiness program and to make it available to more preschoolers statewide. 
• Recruiting and Retaining Child Care Professionals: We support Rep. Matthews’ proposal to expand access to the Child Care Assistance Program for anyone working in the child care sector.
• Building New Child Care Businesses: We also support Rep. Matthews’ proposal to continue funding for work to develop and support new child care programs in rural, urban, and suburban areas.

To view a more comprehensive list of our 2024 early care and learning legislative priorities, click here. 

Economic Stability for Families with Children!

Economic stability forms the bedrock of thriving families and vibrant communities. To ensure that young families in Utah have the support they need to afford basic necessities, we will advocate for increasing families’ access to Utah's earned income and child tax credits.

This legislative session, economic stability for families looks like: 

• A Little Extra Help in the Early Years: We support HB 153, Rep. Susan Pulsipher’s (R-South Jordan) bill to expand Utah’s new Child Tax Credit, (currently only for children ages 1 to 3), to apply to children between 1 and 5 years of age. We also strongly recommend helping even more Utah families with young children by making the tax credit available for families with any child between birth and 5, and expanding it to include the thousands of lower- and moderate-income families who are currently excluded.
• Credit for Working Families with Kids: We support HB 149, Rep. Marsha Judkins’ (R-Provo) bill to expand Utah’s Earned Income Tax Credit so that more lower- and middle-income families with children can benefit. 

Justice for Youth!

We want to ensure that all youth, including those who come into contact with the juvenile justice system, have access to interventions and supports that work for them and for their families. We are dedicated to advancing policies and recommendations that contribute to a more fair and equitable juvenile justice system for all Utah youth.

This legislative session, justice for youth looks like:

• Prioritizing School Safety: We are monitoring bills from Rep. Wilcox (R-Ogden) and the School Safety Task Force, including: HB 14, “School Threat Penalty Amendments” and HB 84, “School Safety Amendments.” We remain hopeful that these efforts will support a secure learning environment for all students, without contributing further to the School-to-Prison Pipeline. 

Be an Advocate!

As we chart the path forward, one thing remains abundantly clear: the well-being, growth, and future of Utah's children rely on the decisions we make today. Each legislative session presents an opportunity—a chance to reaffirm our commitment, reevaluate our priorities, and reimagine a brighter, more inclusive future for all. 

Together we can continue to make Utah a place where every child's potential is realized, their dreams are nurtured, and their voices are heard.

Below are some ways you can get involved this session. 

Stay Informed with our Bill Tracker

Stay informed about important legislation we are watching and reach out to your local representatives to let them know how you feel about legislation that is important to you. We make it easy for you to subscribe and watch bills that you are most concerned about. 

VIEW TRACKER

Join us for Legislative Session Days on the Hill

Join us at the Capitol, where we offer attendees the opportunity to engage in the legislative process on a specific issue area (health and/or child care). You'll have the chance to attend bill hearings, lobby your legislators, connect with fellow community advocates, and watch House and Senate floor debates. Click the button below for the dates/times of our meetings and to RSVP.

RSVP TODAY

Celebrate Utah's Immigrant Community 

In collaboration with our partners at UT With All Immigrants, the Center for Economic Opportunity and Belonging, and I Stand with Immigrants, we are organizing Immigrant Day on the Hill. Join us to discover ways to engage in Utah's civic life. Enjoy food, explore resource tables, participate in interactive activities, and entertainment. Everyone is invited to attend this free event!

Event Details: February 13, 2024, 3:30pm-5:30pm at the Capitol Rotunda, 350 State St, Salt Lake City, UT 84103

RSVP TODAY