H.B.
165
BACKGROUND CHECKS FOR CHILD CARE WORKERS
House Floor
Amendments
Amendment 3 March 11, 2013 5:24 PM
Representative Johnny Anderson
proposes the following amendments:
1. Page
1, Line 12
House Committee Amendments
3-7-2013
:
12
This bill:
. requires a child care provider to submit an employee of the provider to the division for a criminal
background check, if the employee has access to a qualifying child, even if the provider is exempt from
licensure;
. states that failure to conduct a criminal background check as described above is a class A
misdemeanor;
2. Page
1, Lines 14 through 14a
House Committee Amendments
3-7-2013
:
14
individual who has resided in Utah for five years
{
H. for individuals who apply for licensure
14a
after July 1, 2013 .H
3. Page
1, Line 21
House Committee Amendments
3-7-2013
:
21
AMENDS:
26-39-403, as renumbered and amended by Laws of Utah 2008, Chapter 111
4. Page
1, Lines 24 through 25
House Committee Amendments
3-7-2013
:
24
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-39-403 is amended to read:
26-39-403
.
Exclusions from chapter -- Criminal background checks by an excluded person.
(1) The provisions and requirements of this chapter do not apply to:
(a) a facility or program owned or operated by an agency of the United States government;
(b) group counseling provided by a mental health therapist, as defined in Section
58-60-102
, who is
licensed to practice in this state;
(c) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act;
(d) care provided to qualifying children by or in the homes of parents, legal guardians, grandparents,
brothers, sisters, uncles, or aunts;
(e) care provided to qualifying children, in the home of the provider, for less than four hours a day or
on a sporadic basis, unless that child care directly affects or is related to a business licensed in this state;
(f) care provided to qualifying children as part of a course of study at or a program administered by an
educational institution that is regulated by the boards of education of this state, a private education institution
that provides education in lieu of that provided by the public education system, or by a parochial education
institution;
(g) care provided to qualifying children by a public or private institution of higher education, if the
care is provided in connection with a course of study or program, relating to the education or study of children,
that is provided to students of the institution of higher education;
(h) care provided to qualifying children at a public school by an organization other than the public
school, if:
(i) the care is provided under contract with the public school or on school property; or
(ii) the public school accepts responsibility and oversight for the care provided by the organization;
(i) care provided to qualifying children as part of a summer camp that operates on federal land
pursuant to a federal permit;
(j) care provided by an organization that:
(i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code;
(ii) is provided pursuant to a written agreement with:
(A) a municipality, as defined in Section
10-1-104
, that provides oversight for the program; or
(B) a county that provides oversight for the program; and
(iii) is provided to children who are over the age of four and under the age of 13; or
(k) care provided at a residential support program that is licensed by the Department of Human
Services.
(2)
(a)
A person who is excluded, under Subsection (1), from the provisions and requirements of
this chapter, shall conduct a criminal background check on all of the person's employees who have access to a
qualifying child to whom care is provided by the person
, as described in Section 26-39-403, unless the
person is exempt under Subsection (1)(d).
(b) Failure to conduct a criminal background check as described in Subsection (2)(a) is a class A
misdemeanor
.
25
Section 1.
Section
26-39-404
is amended to read:
5. Page
2, Line 38
House Committee Amendments
3-7-2013
:
38
(b) A person seeking
an initial residential certificate or license or
renewal of a residential
certificate or license under this section is
6. Page
2, Lines 41 through 42
House Committee Amendments
3-7-2013
:
41
{
[(i) the individual has resided in Utah for the last five years;] H. (i) the individual has
41a
resided in Utah for the last five years and applied for a certificate or license before
41b
July 1, 2013; .H
42
[(ii)] H. [(i)]
{
(ii)
}
(i)
.H the individual has:
7. Page
2, Line 46
House Committee Amendments
3-7-2013
:
46
[(iii)] H. [(ii)]
{
(iii)
}
(ii)
.H as of May 3, 1999, the individual had one of the relationships
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