Utah Admin. Code R986-700-753 - Criminal Background Checks
(1) The
Department will contract with the CCL to perform a criminal background check,
which includes a review of the Bureau of Criminal Identification, (BCI)
database maintained by the Department of Public Safety pursuant to Part 2 of
Chapter 10, Title 53; and if a fingerprint card, waiver and fee are submitted,
CCL will submit the fingerprint card and fee to the Utah Department of Public
Safety for submission to the FBI for a national criminal history record
check.
(2) Each client requesting
approval of a covered child care provider must submit to CCL a form, which will
include a certification, completed and signed by the child care provider as
part of the DWS FFN approved provider process. Additional household members
must give permission to run the background check. The provider shall pay all
applicable background check fees. A fingerprint card and fee, prepared either
by the local law enforcement agency or an agency approved by local law
enforcement, shall also be submitted if required by Subsection (4) below. If
the fingerprints are submitted electronically, they must be submitted in
conformity with the CCL guidelines regarding electronic submissions.
Fingerprints are not required to be submitted if:
(a) The covered individual has previously
submitted fingerprints to CCL for a Next Generation national criminal history
record check.
(b) The covered
individual has resided in Utah continuously since the fingerprints were
submitted; and
(c) The covered
individual has not permitted his or her background check to lapse or expire
since the fingerprints were submitted.
(3) The provider must state in writing, based
upon the provider's best information and belief, that no covered person,
including the provider's own children, has ever been convicted of a felony,
misdemeanor or had a supported finding from DHS or a substantiated finding from
a juvenile court of severe abuse or neglect of a child. If the provider is
aware of any such conviction or supported or substantiated finding, but is not
certain it will result in a disqualification, CCL will obtain information from
the provider to assess the threat to children. If the provider knowingly makes
false representations or material omissions to CCL regarding a covered
individual's record, the provider will be responsible for repayment to the
Department of the child care subsidy paid by the Department. If a provider
signs an attestation, a disqualification based on a covered individual who no
longer lives in the home can be cured under certain conditions.
(4) All providers, caregivers who are 16
years old and older, and covered individuals who are 18 years and older are
required to submit fingerprints under these rules as requested. In addition,
the Department may conduct background checks annually.
(5) If CCL takes an action adverse to any
covered individual based upon the background check, CCL will send a denial
letter to the provider and the covered individual.
(6) A background check must be submitted for
each covered individual:
(a) Prior to the
date the person becomes a covered individual, unless:
(1) The person is turning 12 years old and
resides in the facility where child care is being provided, in which case the
background check form must be submitted and authorized within ten business days
of the date the child turns 12 years old;
(2) The person is currently employed by
another child care provider within the State and has a current background
check; or
(3) The person has been
separated from employment from another child care provider within the State for
no more than 180 days and has a current background check; and
(b) On an annual basis for each
covered individual.
(7)
A person may not begin work as a covered individual until the person has
completed a fingerprint-based check and the results have been received. After
the fingerprint-based check has been completed but prior to full completion of
the background check process, a covered individual must be supervised by a
person who has fully completed and passed the background check
process.
Notes
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