Utah Administrative Code
Topic - Health
Title R430 - Residential Child Care Licensing
Rule R430-50 - Residential Certificate Child Care
Section R430-50-8 - Background Checks
Current through Bulletin 2024-06, March 15, 2024
(1) Before a new covered individual becomes involved with child care, the provider shall use the CCL provider portal search to verify that the individual is eligible and:
(2) Before a new covered individual who does not appear in the CCL provider portal search becomes involved with child care in the program, the provider shall:
(3) To keep their background check eligibility current, the provider shall also ensure that a new background check form and fingerprints are submitted and authorized and fees are paid for any covered individual who has:
(4) Within ten working days from when a child who resides in the facility turns 12 years old, the provider shall:
(5) The provider shall ensure that fingerprints are prepared by a local law enforcement agency or an agency approved by local law enforcement.
(6) If the provider submits fingerprints electronically through live scan, the provider shall ensure that the agency taking the fingerprints is one that follows the department's guidelines.
(7) The department may consider a covered individual not eligible for any of the following reasons:
(8) The department may also consider a covered individual not eligible for any of the following convictions regardless of severity:
(9) The department shall consider a covered individual eligible if the only background finding is a conviction or plea of no contest to a nonviolent drug offense that occurred ten or more years before the CCL background check was conducted.
(10) If CCL finds the provider is not eligible, the department may suspend or deny their license until the reason for the background check finding is resolved.
(11) If CCL finds a covered individual is not eligible by CCL, including that the individual has been convicted, has pleaded no contest, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor, the provider shall prohibit that individual from being employed by the child care program or residing at the facility until the reason for the background check finding is resolved.
(12) If CCL denies a covered individual a license or employment based upon the criminal background check and disagrees with the information provided by the Department of Public Safety, the covered individual may appeal the information to the Department of Public Safety.
(13) The provider and the covered individual shall notify the department within 48 hours of becoming aware of the covered individual's arrest warrant, felony or misdemeanor arrest, charge, conviction, or supported LIS finding. Failure to notify the department within 48 hours may result in disciplinary action, including revocation of the certificate.
(14) The Executive Director of the department or their designee may overturn a CCL background check decision if they determine that the nature of the background finding or mitigating circumstances do not pose a risk to children.