Utah Admin. Code R501-14-10 - Comprehensive Review Determination
(1)
(a) The committee shall evaluate the
applications and information provided to the committee by the office to
determine if an applicant poses a risk of harm to children or vulnerable
adults.
(b) In assessing the risk
of harm, the committee shall consider the type of employment the applicant is
seeking and the type of license under which the applicant seeks
employment.
(2)
(a) The office may transfer a previously
reviewed and cleared background screening approval without further committee
review to another human service program when providing the same service under
the same statutory screening requirements.
(b) The committee shall re-consider
previously cleared or denied screenings when the applicant requires a new
clearance for a new type of employment.
(3) The committee members shall conduct an
individual review of each application presented.
(4)
(a) The
committee shall recommend approval of the background screening of an applicant
only after a simple majority of the voting members of the committee determines
that approval will not likely create a risk of harm to a child or vulnerable
adult in the request type for which they applied.
(b) The committee shall recommend denial of
the background screening of an applicant when it finds that approval will
likely create a risk of harm to the specific population that the applicant will
serve.
(c) Each voting member shall
independently document how the voting member reached the conclusion that the
individual does or does not pose a risk of harm to the population the applicant
is applying to serve.
(5)
(a) The
applicant shall provide additional information requested by the Office within
30 days of the initial request.
(b)
The committee may consider and weigh only what was submitted to the committee
and may only consider additional information that is publicly available in
making the committee's evaluation of the risk of harm to clients.
(c) The committee may not deny an application
due to lack of information.
(6) The office director or designee shall
make the final determination to approve or deny the application after
considering the comprehensive review committee's recommendation.
(7)
(a) The
provider may not allow an applicant whose background screening is denied to
have any supervised or unsupervised direct access to clients unless:
(i) the determination is overturned by an
administrative hearing or the office director; or
(ii) the office approves a subsequent
application.
(b) The
provider shall ensure an applicant initiating an appeal of a denied application
works under direct supervision until there is a disposition made regarding the
appeal.
Notes
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