Utah Admin. Code R381-100-8 - Background Checks
(1) Before a new
covered individual becomes involved with child care, the provider shall use the
licensing provider portal search to verify that the individual is eligible and:
(a) associate that individual with the
provider's 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.
(2) Before
a new covered individual who does not appear in the licensing provider portal
search becomes involved with child care in the program, the provider must
require the individual to submit an online background check application and
fingerprints for any individual age 16 years old and older, except for
individuals 12-17 years old who are only listed as household members, and:
(a) authorize the individual's background
check through the licensing provider portal;
(b) pay any required fees; and
(c) only allow the individual to be involved
with child care if they have an eligible OBP background check
determination.
(3) To
keep a covered individual's background check eligibility current, the provider
shall require a covered individual to submit a new background check
application, fingerprints, and fees if the covered individual has:
(a) not been associated with an active, CCL
approved child care facility within the past 180 days;
(b) resided outside of Utah since their last
background check was completed; or
(c) turned 18 years old and has not
previously submitted fingerprints for an OBP background check, except when the
18-year-old has previously submitted fingerprints for an OBP background check,
then only a new background check application will be required.
(4) Within ten working days from
when a child who resides in the facility turns 12 years old, the provider shall
ensure that an online background check application is submitted, and;
(a) authorize the child's background check
through the licensing provider portal; and
(b) pay any required fee.
(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 a covered individual submits
fingerprints electronically through live scan, the provider shall ensure that
the agency taking the fingerprints is one that follows OBP's fingerprinting
requirements.
(7) OBP may consider
a covered individual not eligible for any of the following reasons:
(a) a pending charge for a felony
offense;
(b) any felony
conviction;
(c) any of the reasons
listed under Subsection (8);
(d)
LIS supported findings that occurred no more than 15 years from the date the
application was submitted;
(e) the
covered individual knowingly making a false statement related to their
background check;
(f) the covered
individual refusing to consent to the criminal background check; or
(g) the covered individual's name appearing
on the Utah or national sex offender registry.
(8) OBP may also consider a covered
individual not eligible if the individual has been convicted, has pled no
contest, or is currently subject to a plea and abeyance or diversion agreement
for any of the following pending charges or convictions, regardless of
severity:
(a) child pornography;
(b) driving under the influence while a child
is present in the vehicle;
(c)
lewdness involving a child;
(d)
pornographic material or performance;
(e) providing dangerous weapons or firearms
to a minor;
(f) sexual
battery;
(g) sexual enticing of a
minor;
(h) sexual
exploitation;
(i) voyeurism;
or
(j) any crime against an
individual.
(9) OBP
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 OBP conducted the background check.
(10) If the provider is not eligible by OBP,
OL may suspend or deny their license until the reason for the background check
finding is resolved.
(11) If a
covered individual is considered not eligible by OBP, including if 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 OBP
denies a covered individual a license or employment by the provider based upon
the criminal background check and the covered individual disagrees with the
information provided by the Department of Public Safety (DPS), the covered
individual may appeal the information to DPS.
(13) The provider and the covered individual
shall notify OBP within 48 hours of becoming aware of a covered individual's
arrest warrant, felony or misdemeanor arrest, charge, conviction, or LIS
supported finding. Failure to notify OBP within 48 hours may result in
disciplinary action, including license revocation.
(14) The OBP director or designee may
consider any additional relevant background information in making the decision
to grant, deny, or continue an eligible determination on a background check,
including:
(a) intervening circumstances
regarding an offense or finding;
(b) steps taken to correct or improve since
any offense or finding;
(c)
surrounding circumstances of an offense or finding;
(d) the length of time since an offense or
finding; and
(e) the type and
number of offenses or findings.
(15)
(a)
OBP shall rely on relevant information from Subsections (7) and (8) as
conclusive evidence and may deny a covered individual based on that
information.
(b) When a covered
individual is no longer associated with the program, the provider shall
separate that employee from the program's roster in the online system within
five days of the covered individual's separation from the program.
(c) A covered individual may resubmit a
denied application to OBP no sooner than two years from the date of separation
or upon substantial change to the covered individual's circumstances.
(16) If OBP determines evidence
exists that a covered individual has been arrested or charged with an offense
that may be denied under Subsections (7) and (8), the Division of Licensing and
Background Checks may act to protect the health and safety of a
child.
(17) The provider may only
allow a covered individual with a pending arrest or criminal charge to access a
child when:
(a) OBP has authorized conditional
access; and
(b) the provider can
demonstrate to OBP that the work arrangement does not pose a threat to the
health or safety of any child.
(18) A covered individual may request a
hearing, in accordance with Section
R497-100-5, within 15 calendar
days of being informed in writing of any OBP decision.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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:
(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.
(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:
(a) require the individual to 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 .
(3) To keep their background check eligibility current, the provider shall require a covered individual to submit a new background check form, fingerprints, and fees if the covered individual 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) turned 18 years old and has not previously submitted fingerprints for a CCL background check, except when the 18-year-old has previously submitted fingerprints for a CCL background check, then only a new background check form will be required.
(4) Within ten working days from when a child who resides in the facility turns 12 years old, the provider shall:
(a) ensure that an online background check form is submitted;
(b) authorize the child's background check through the CCL provider 's portal; and
(c) pay any required fees.
(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 a covered individual 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:
(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 R381-100-8(8).
(8) 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 firearms to a minor; or
(h) driving under the influence while a child is present in the vehicle.
(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.
(10) If the provider is not eligible by CCL , the department may suspend or deny their license until the reason for the background check finding is resolved.
(11) If a covered individual is considered 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 the department denies a covered individual a license or employment by the provider 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 license .
(14) The Executive Director or designee of the department may overturn a CCL background check decision if they determines that the nature of the background finding or mitigating circumstances do not pose a risk to children.