Utah Administrative Code
Topic - Health
Title R430 - Residential Child Care Licensing
Rule R430-8 - Exemptions From Child Care Licensing
Section R430-8-5 - Background Check Requirements and Agency Action Reviews

Universal Citation: UT Admin Code R 430-8-5

Current through Bulletin 2024-06, March 15, 2024

(1) An exempt provider who cares for a qualifying child as part of a program administered by an educational institution that is regulated by the State Board of Education is not subject to the background check requirements listed under this section, unless required by the United States Code, Title 42, Sections 9857-9858r, Child Care and Development Block Grant.

(2) Except as outlined in Subsection R430-8-5(1), the requirements of this subsection apply to each facility listed in Section R430-8-4.

(3) The provider shall submit to the department background checks and fees for each covered individual as defined in Subsection R430-8-2(7).

(4) 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 either:

(a) associate that individual with their facility; or

(b) not associate the individual if the individual is associated with another CCL facility and the new individual will be at the facility for no more than one business day.

(5) 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:

(a) have the individual submit an online background check form and fingerprints for individuals age 18 years old and older;

(b) authorize the individual's background check through the CCL provider's portal;

(c) pay any required fees; and

(d) receive written notice from CCL that the individual is eligible.

(6) 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:

(a) resided outside of Utah since their last background check was completed;

(b) not been associated with an active, CCL approved child care facility within the past 180 days; or

(c) has turned 18 years old and has not previously submitted fingerprints for a CCL background check. If the 18-year-old has previously submitted fingerprints for a CCL background check, only a new background check form will be required.

(7) The provider shall ensure that fingerprints are prepared by a local law enforcement agency or an agency approved by local law enforcement.

(8) If fingerprints are submitted electronically through live scan, the provider shall ensure that the agency taking the fingerprints is one that follows the department's guidelines.

(9) The department may consider a covered individual not eligible for any of the following reasons:

(a) LIS supported findings;

(b) the covered individual's name appears on the Utah or national sex offender registry;

(c) the covered individual refuses to consent to the criminal background check;

(d) the covered individual knowingly makes a false statement in connection with their background check;

(e) any felony convictions; or

(f) for any of the reasons listed under Subsection R430-8-5(10).

(10) The department may also consider a covered individual not eligible for any of the following convictions regardless of severity:

(a) child pornography;

(b) sexual enticing of a minor;

(c) voyeurism;

(d) a sexual exploitation act;

(e) pornographic material or performance;

(f) any crime against an individual;

(g) providing dangerous weapons or fire arms to a minor; or

(h) driving under the influence while a child is present in the vehicle.

(11) 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.

(12) If the provider is deemed not eligible by CCL, the department may suspend or deny their license until the reason for the background check finding is resolved.

(13) If a covered individual is deemed 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.

(14) If a covered individual is denied 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.

(15) 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 license.

(16) The Executive Director or designee of the department 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.

(17) An applicant or exempt provider may request an agency review for any department decision within ten working days of being informed in writing of the decision.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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