Utah Admin. Code R501-14-3 - Initial Background Screening Procedure
(1) The screening agent shall ensure that an
applicant for initial background screening completes the required application
fields and disclosure statements to authorize the office's continual monitoring
of their fingerprints and applicable state registries.
(2) An applicant shall disclose any criminal
charges, including pending charges, and any supported or substantiated findings
of abuse, neglect, or exploitation during the background screening application
process.
(3)
(a) An applicant may provide disclosure
statements and related documents as direct attachments to the application to be
uploaded into the online system by a screening agent or directly emailed to the
office.
(b) If an applicant submits
a sealed envelope, the screening agent shall forward it to the office
unopened.
(4) The office
will conduct the highest level clearance including out-of-state child abuse and
neglect registry checks for any of the following applicants who have lived
out-of-state within the past five years:
(a)
an applicant seeking a position in a youth residential program;
(b) a prospective foster parent or
prospective adoptive parent; and
(c) an adult in the home of a prospective
foster or prospective adoptive parent.
(5)
(a) An
applicant applying to work in a youth residential program who has resided
outside of Utah within the five years immediately preceding the date of the
background screening application shall provide a child abuse and neglect
registry record for each state in which the applicant has resided within those
five years.
(b) Instructions for
obtaining out-of-state child abuse and neglect registry records from each state
are found on the office website at:
https://hslic.utah.gov/Out-of-state-registries.
(c) Out-of-state child abuse and neglect
registry records are not required a second time for a screening transfer or
renewal as long as a record from every state resided in over the past five
years has been previously submitted and reviewed by the office.
(d) Any applicant for prospective foster or
adoptive care is not required to submit their own out-of-state child and abuse
registry checks, it is included in the background check conducted by the
office.
(e) A youth residential
provider who is not department contracted shall supervise an applicant
experiencing delays in receiving a requested out-of-state registry record while
the record is pending, unless:
(i) the
applicant has initiated the out-of-state record search and it is actively in
progress; and
(ii) the office
otherwise approves the applicant's background screening with no committee
review required.
(f) The
office may not issue a renewal clearance if the original out-of-state registry
results have not been provided to the office within the 12-month initial
clearance time frame.
(g) The
allowance outlined in Subsection (d) does not apply to department contracted
youth residential settings.
(g) The
office shall deny or revoke a background screening if any out-of-state registry
record contains information that constitutes background screening denial under
this rule and the provider shall end the employee's direct access to clients
and client records immediately upon an ineligible determination notification
from the office.
(6) A
prospective foster or adoptive parent or an adult living in the home of a
foster or adoptive parent shall identify any state they have resided in over
the past five years for the office to conduct the out-of-state registry search
for their clearance.
(7)
(a) An applicant shall present valid
government-issued identification to the screening agent to verify the
application.
(b) The background
screening agent shall inspect each applicant's government-issued identification
card and determine that it does not appear to have been forged or
altered.
(c) The screening agent
shall submit the background screening application, personal identifying
information, signed consent disclosure statement, and applicable fee into the
online system.
(d) The screening
agent may withdraw a background screening application any time during the
process.
Notes
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