This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 27, 2024 at 8:45 PM by lpoole.
Representative Susan Pulsipher proposes the following substitute bill:


1     
CHILD CARE REVISIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to caring for children.
10     Highlighted Provisions:
11          This bill:
12          ▸     makes optional the requirement to obtain a certificate from the Department of
13     Health and Human Services to provide residential child care;
Ŝ→ ▸ limits the number of children under three years old for which a residential child care provider operating without a license may provide care; ←Ŝ
14          ▸     requires a residential child care provider operating without a license or a certificate
15     to submit to criminal history check requirements;
16          ▸     authorizes the Department of Health and Human Services to make rules regarding
17     submission to criminal history checks;
18          ▸     raises the age of a child dependent for whom an individual taxpayer may claim a
19     child tax credit; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          26B-2-402, as renumbered and amended by Laws of Utah 2023, Chapter 305
28          26B-2-404, as renumbered and amended by Laws of Utah 2023, Chapter 305
29          26B-2-405, as renumbered and amended by Laws of Utah 2023, Chapter 305
30          26B-2-406, as renumbered and amended by Laws of Utah 2023, Chapter 305
31          59-10-1047, as enacted by Laws of Utah 2023, Chapter 462
32          78A-6-209 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
33     115, 330
34          78A-6-209 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 115,
35     310 and 330
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 26B-2-402 is amended to read:
39          26B-2-402. Duties of the department -- Enforcement of part -- Licensing
40     committee requirements.
41          (1) With regard to residential child care licensed [or], certified, or subject to criminal
42     background checks under this part, the department may:
43          (a) make and enforce rules to implement this part and, as necessary to protect
44     qualifying children's common needs for a safe and healthy environment, to provide for:
45          (i) adequate facilities and equipment; and
46          (ii) competent caregivers, considering the age of the children and the type of program
47     offered by the licensee; and
48          (b) make and enforce rules necessary to carry out the purposes of this part, in the
49     following areas:
50          (i) requirements for applications, the application process, and compliance with other
51     applicable statutes and rules;
52          (ii) documentation and policies and procedures that providers shall have in place in
53     order to be licensed, in accordance with Subsection (1)(a);
54          (iii) categories, classifications, and duration of initial and ongoing licenses;
55          (iv) changes of ownership or name, changes in licensure status, and changes in
56     operational status;

57          (v) license expiration and renewal, contents, and posting requirements;
58          (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
59     procedural measures to encourage and assure compliance with statute and rule; and
60          (vii) guidelines necessary to assure consistency and appropriateness in the regulation
61     and discipline of licensees.
62          (2) The department shall enforce the rules established by the licensing committee, with
63     the concurrence of the department, for center based child care.
64          (3) The department shall make rules that allow a regulated provider to provide after
65     school child care for a reasonable number of qualifying children in excess of the regulated
66     provider's capacity limit, without requiring the regulated provider to obtain a waiver or new
67     license from the department.
68          (4) Rules made under this part by the department, or the licensing committee with the
69     concurrence of the department, shall be made in accordance with Title 63G, Chapter 3, Utah
70     Administrative Rulemaking Act.
71          (5) (a) The licensing committee and the department may not regulate educational
72     curricula, academic methods, or the educational philosophy or approach of the provider.
73          (b) The licensing committee and the department shall allow for a broad range of
74     educational training and academic background in certification or qualification of child day care
75     directors.
76          (6) In licensing and regulating child care programs, the licensing committee and the
77     department shall reasonably balance the benefits and burdens of each regulation and, by rule,
78     provide for a range of licensure, depending upon the needs and different levels and types of
79     child care provided.
80          (7) Notwithstanding the definition of "qualifying child" in Section 26B-2-401, the
81     licensing committee and the department shall count children through age 12 and children with
82     disabilities through age 18 toward the minimum square footage requirement for indoor and
83     outdoor areas, including the child of:
84          (a) a licensed residential child care provider; or
85          (b) an owner or employee of a licensed child care center.
86          (8) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
87     may not exclude floor space used for furniture, fixtures, or equipment from the minimum

88     square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
89     is used:
90          (a) by qualifying children;
91          (b) for the care of qualifying children; or
92          (c) to store classroom materials.
93          (9) (a) A child care center constructed prior to January 1, 2004, and licensed and
94     operated as a child care center continuously since January 1, 2004, is exempt from the licensing
95     committee's and the department's group size restrictions, if the child to caregiver ratios are
96     maintained, and adequate square footage is maintained for specific classrooms.
97          (b) An exemption granted under Subsection (9)(a) is transferrable to subsequent
98     licensed operators at the center if a licensed child care center is continuously maintained at the
99     center.
100          (10) The licensing committee, with the concurrence of the department, shall develop,
101     by rule, a five-year phased-in compliance schedule for playground equipment safety standards.
102          (11) The department shall set and collect licensing and other fees in accordance with
103     Section 26B-1-209.
104          Section 2. Section 26B-2-404 is amended to read:
105          26B-2-404. Residential Child Care Certificate.
106          (1) Except as provided in Section 26B-2-405, a person [shall obtain] may request a
107     Residential Child Care Certificate from the department if[:] the person provides residential
108     child care for eight or fewer qualifying children.
109          [(a) the person provides residential child care for seven or eight qualifying children; or]
110          [(b) the person:]
111          [(i) provides residential child care for six or less qualifying children; and]
112          [(ii) requests to be certified.]
113          (2) The minimum qualifications for a Residential Child Care Certificate are:
114          (a) the submission of:
115          (i) an application in the form prescribed by the department;
116          (ii) a certification and criminal background fee established in accordance with Section
117     26B-1-209; and
118          (iii) in accordance with Section 26B-2-406, identifying information for each adult

119     person and each juvenile age 12 through 17 years old who resides in the provider's home:
120          (A) for processing by the Department of Public Safety to determine whether any such
121     person has been convicted of a crime;
122          (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
123     and
124          (C) to discover whether the person is listed in the Licensing Information System
125     described in Section 80-2-1002;
126          (b) an initial and annual inspection of the provider's home within 90 days of sending an
127     intent to inspect notice to:
128          (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
129     child who receives child care in the provider's home;
130          (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
131          (iii) make appropriate recommendations; and
132          (c) annual training consisting of 10 hours of department-approved training as specified
133     by the department by administrative rule, including a current department-approved CPR and
134     first aid course.
135          (3) If a serious sanitation, fire, or health hazard has been found during an inspection
136     conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
137     serious hazards found and make an unannounced follow up inspection to determine
138     compliance.
139          (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
140     department may inspect the home of a certified provider in response to a complaint of:
141          (a) child abuse or neglect;
142          (b) serious health hazards in or around the provider's home; or
143          (c) providing residential child care without the appropriate certificate or license.
144          (5) With respect to residential child care, the department may only make and enforce
145     rules necessary to implement this section.
146          Section 3. Section 26B-2-405 is amended to read:
147          26B-2-405. Exclusions from part -- Criminal background checks by an excluded
148     person.
149          (1) (a) Except as provided in [Subsection (1)(b)] Subsections (1)(b) and (1)(c), the

150     provisions and requirements of this part do not apply to:
151          (i) a facility or program owned or operated by an agency of the United States
152     government;
153          (ii) group counseling provided by a mental health therapist, as defined in Section
154     58-60-102, who is licensed to practice in this state;
155          (iii) a health care facility licensed under Part 2, Health Care Facility Licensing and
156     Inspection;
157          (iv) care provided to a qualifying child by or in the home of a parent, legal guardian,
158     grandparent, brother, sister, uncle, or aunt;
159          (v) care provided to a qualifying child, in the home of the provider, for less than four
160     hours a day or on a sporadic basis, unless that child care directly affects or is related to a
161     business licensed in this state;
162          (vi) care provided at a residential support program that is licensed by the department;
163          (vii) center based child care for four or [less] fewer qualifying children, unless the
164     provider requests to be licensed under Section 26B-2-403; or
165          (viii) residential child care for [six or less] eight or fewer qualifying children, unless
166     the provider requests to be licensed under Section 26B-2-403 or certified under Section
167     26B-2-404.
168          (b) [Notwithstanding Subsection (1)(a), a person who] Ŝ→ (i) ←Ŝ A person that does not
168a     hold a
169     license or certificate from the department under this part may not, at any given time, provide
170     child care in the person's home for more than 10 children in total under the age of 13, or under
171     the age of 18 if a child has a disability, regardless of whether a child is related to the person
172     providing child care.
172a     Ŝ→ (ii) A person providing care described in Subsection (1)(a)(viii) may not provide, at any
172b     given time, child care in the person's home for more than Ŝ→ [
three] two ←Ŝ children who
172c     are under three years old. ←Ŝ
173          (c) A person Ŝ→ providing care ←Ŝ described in Subsection (1)(a)(viii) that is not a
173a     certified provider or a
174     licensed provider under this part is subject to the requirements of Section 26B-2-406.
175          (2) The licensing and certification requirements of this part do not apply to:
176          (a) care provided to a qualifying child as part of a course of study at or a program
177     administered by an educational institution that is regulated by the boards of education of this
178     state, a private education institution that provides education in lieu of that provided by the
179     public education system, or by a parochial education institution;
180          (b) care provided to a qualifying child by a public or private institution of higher

181     education, if the care is provided in connection with a course of study or program, relating to
182     the education or study of children, that is provided to students of the institution of higher
183     education;
184          (c) care provided to a qualifying child at a public school by an organization other than
185     the public school, if:
186          (i) the care is provided under contract with the public school or on school property; or
187          (ii) the public school accepts responsibility and oversight for the care provided by the
188     organization;
189          (d) care provided to a qualifying child as part of a summer camp that operates on
190     federal land pursuant to a federal permit;
191          (e) care provided by an organization that:
192          (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
193     Code;
194          (ii) provides care pursuant to a written agreement with:
195          (A) a municipality, as defined in Section 10-1-104, that provides oversight for the
196     program; or
197          (B) a county that provides oversight for the program; and
198          (iii) provides care to a child who is over the age of four and under the age of 13; or
199          (f) care provided to a qualifying child at a facility where:
200          (i) the parent or guardian of the qualifying child is at all times physically present in the
201     building where the care is provided and the parent or guardian is near enough to reach the child
202     within five minutes if needed;
203          (ii) the duration of the care is less than four hours for an individual qualifying child in
204     any one day;
205          (iii) the care is provided on a sporadic basis;
206          (iv) the care does not include diapering a qualifying child; and
207          (v) the care does not include preparing or serving meals to a qualifying child.
208          (3) An exempt provider shall submit to the department:
209          (a) the information required under Subsections 26B-2-406(1) and (2); and
210          (b) of the children receiving care from the exempt provider:
211          (i) the number of children who are less than two years old;

212          (ii) the number of children who are at least two years old and less than five years old;
213     and
214          (iii) the number of children who are five years old or older.
215          (4) An exempt provider shall post, in a conspicuous location near the entrance of the
216     exempt provider's facility, a notice prepared by the department that:
217          (a) states that the facility is exempt from licensure and certification; and
218          (b) provides the department's contact information for submitting a complaint.
219          (5) (a) Except as provided in Subsection (5)(b), the department may not release the
220     information the department collects from exempt providers under Subsection (3).
221          (b) The department may release an aggregate count of children receiving care from
222     exempt providers, without identifying a specific provider.
223          Section 4. Section 26B-2-406 is amended to read:
224          26B-2-406. Disqualified individuals -- Criminal history checks -- Payment of
225     costs.
226          (1) (a) Each exempt provider, except as provided in Subsection (1)(c), each person
227     described in Subsection 26B-2-405(1)(a)(viii) that is not a certified provider or a licensed
228     provider, and each person requesting a residential certificate or to be licensed or to renew a
229     license under this part shall submit to the department the name and other identifying
230     information, which shall include fingerprints, of existing, new, and proposed:
231          (i) owners;
232          (ii) directors;
233          (iii) members of the governing body;
234          (iv) employees;
235          (v) providers of care;
236          (vi) volunteers, except parents of children enrolled in the programs; and
237          (vii) all adults residing in a residence where child care is provided.
238          (b) (i) The Utah Division of Criminal Investigation and Technical Services within the
239     Department of Public Safety shall process the information required under Subsection (1)(a) to
240     determine whether the individual has been convicted of any crime.
241          (ii) The Utah Division of Criminal Investigation and Technical Services shall submit
242     fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record

243     check.
244          (iii) A person required to submit information to the department under Subsection (1)
245     shall pay the cost of conducting the record check described in this Subsection (1)(b).
246          (c) An exempt provider who provides care to a qualifying child as part of a program
247     administered by an educational institution that is regulated by the State Board of Education is
248     not subject to this Subsection (1), unless required by the Child Care and Development Block
249     Grant, 42 U.S.C. Secs. 9857-9858r.
250          (2) (a) (i) Each person requesting a residential certificate or to be licensed or to renew a
251     license under this part and each person described in Subsection 26B-2-405(1)(a)(viii) that is
252     not a certified provider or a licensed provider shall submit to the department the name and
253     other identifying information of any person age 12 through 17 who resides in the residence
254     where the child care is provided.
255          (ii) The identifying information required for a person age 12 through 17 does not
256     include fingerprints.
257          (b) The department shall access the juvenile court records to determine whether a
258     person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of
259     committing an act which if committed by an adult would be a felony or misdemeanor if:
260          (i) the person described in Subsection (1) is under the age of 28; or
261          (ii) the person described in Subsection (1) is:
262          (A) over the age of 28; and
263          (B) has been convicted, has pleaded no contest, or is currently subject to a plea in
264     abeyance or diversion agreement for a felony or misdemeanor.
265          (3) Except as provided in Subsections (4) and (5), a licensee under this part, a person
266     described in Subsection 26B-2-405(1)(a)(viii) that is not a certified provider or a licensed
267     provider, or an exempt provider may not permit a person who has been convicted, has pleaded
268     no contest, or is currently subject to a plea in abeyance or diversion agreement for any felony or
269     misdemeanor, or if the provisions of Subsection (2)(b) apply, who has been adjudicated in
270     juvenile court of committing an act which if committed by an adult would be a felony or a
271     misdemeanor, to:
272          (a) provide child care;
273          (b) provide volunteer services for a child care program or an exempt provider;

274          (c) reside at the premises where child care is provided; or
275          (d) function as an owner, director, or member of the governing body of a child care
276     program or an exempt provider.
277          (4) (a) The department may, by rule, exempt the following from the restrictions of
278     Subsection (3):
279          (i) specific misdemeanors; and
280          (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be
281     misdemeanors.
282          (b) In accordance with criteria established by rule, the executive director may consider
283     and exempt individual cases not otherwise exempt under Subsection (4)(a) from the restrictions
284     of Subsection (3).
285          (5) The restrictions of Subsection (3) do not apply to the following:
286          (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a
287     date 10 years or more before the date of the criminal history check described in this section; or
288          (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense
289     adjudicated in juvenile court on a date 10 years or more before the date of the criminal history
290     check described in this section.
291          (6) The department may retain background check information submitted to the
292     department for up to one year after the day on which the covered individual is no longer
293     associated with a Utah child care provider.
294          Section 5. Section 59-10-1047 is amended to read:
295          59-10-1047. Nonrefundable child tax credit.
296          (1) As used in this section:
297          (a) "Joint filing status" means the same as that term is defined in Section 59-10-1018.
298          (b) "Head of household filing status" means the same as that term is defined in Section
299     59-10-1018.
300          (c) "Married filing separately status" means a married individual who:
301          (i) does not file a single federal individual income tax return jointly with that married
302     individual's spouse for the taxable year; and
303          (ii) files a single federal individual income tax return for the taxable year.
304          (d) "Modified adjusted gross income" means the sum of the following for a claimant

305     or, if the claimant's federal individual income tax return is allowed a joint filing status, the
306     claimant and the claimant's spouse:
307          (i) adjusted gross income for the taxable year for which a tax credit is claimed under
308     this section;
309          (ii) any interest income that is not included in adjusted gross income for the taxable
310     year described in Subsection (1)(d)(i); and
311          (iii) any addition to adjusted gross income required by Section 59-10-114 for the
312     taxable year described in Subsection (1)(d)(i).
313          (e) "Qualifying child" means an individual:
314          (i) with respect to whom the claimant is allowed to claim a tax credit under Section 24,
315     Internal Revenue Code, on the claimant's federal individual income tax return for the taxable
316     year; and
317          (ii) who is at least one year old and younger than [four] five years old on the last day of
318     the claimant's taxable year.
319          (f) "Single filing status" means a single individual who files a single federal individual
320     income tax return for the taxable year.
321          (2) Subject to Subsection 59-10-1002.2, a claimant may claim a nonrefundable tax
322     credit of $1,000 for each qualifying child.
323          (3) A claimant may not carry forward or carry back the amount of the tax credit that
324     exceeds the claimant's tax liability.
325          (4) The tax credit allowed by Subsection (2) claimed on a return filed under this part
326     shall be reduced by $.10 for each dollar by which modified adjusted gross income for purposes
327     of the return exceeds:
328          (a) for a federal individual income tax return that is allowed a married filing separately
329     status, $27,000;
330          (b) for a federal individual income tax return that is allowed a single filing status or
331     head of household filing status, $43,000; and
332          (c) for a federal individual income tax return [under this chapter] that is allowed a joint
333     filing status, $54,000.
334          Section 6. Section 78A-6-209 (Superseded 07/01/24) is amended to read:
335          78A-6-209 (Superseded 07/01/24). Court records -- Inspection.

336          (1) The juvenile court and the juvenile court's probation department shall keep records
337     as required by the board and the presiding judge.
338          (2) A court record shall be open to inspection by:
339          (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
340     in the case, the attorneys, and agencies to which custody of a minor has been transferred;
341          (b) for information relating to adult offenders alleged to have committed a sexual
342     offense, a felony or class A misdemeanor drug offense, or an offense against the person under
343     Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
344     purpose of evaluating whether an individual should be permitted to obtain or retain a license as
345     an educator or serve as an employee or volunteer in a school, with the understanding that the
346     State Board of Education must provide the individual with an opportunity to respond to any
347     information gathered from the State Board of Education's inspection of the records before the
348     State Board of Education makes a decision concerning licensure or employment;
349          (c) the Criminal Investigations and Technical Services Division, established in Section
350     53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
351     and establishing good character for issuance of a concealed firearm permit as provided in
352     Section 53-5-704;
353          (d) the Division of Child and Family Services for the purpose of Child Protective
354     Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
355     hearings in accordance with Section 80-2-707;
356          (e) the Division of Licensing and Background Checks for the purpose of conducting a
357     background check in accordance with Section 26B-2-120;
358          (f) for information related to a minor who has committed a sexual offense, a felony, or
359     an offense that if committed by an adult would be a misdemeanor, the Department of Health
360     and Human Services for the purpose of evaluating under the provisions of Subsection
361     26B-2-406(3) whether a [licensee] person should be permitted to operate a residential child
362     care without a license or a certificate or to obtain or retain a license to provide child care, with
363     the understanding that the department must provide the individual who committed the offense
364     with an opportunity to respond to any information gathered from the Department of Health and
365     Human Services' inspection of records before the Department of Health and Human Services
366     makes a decision concerning licensure;

367          (g) for information related to a minor who has committed a sexual offense, a felony, or
368     an offense that if committed by an adult would be a misdemeanor, the Department of Health
369     and Human Services to determine whether an individual meets the background screening
370     requirements of Sections 26B-2-238 through 26B-2-241, with the understanding that the
371     department must provide the individual who committed the offense an opportunity to respond
372     to any information gathered from the Department of Health and Human Services' inspection of
373     records before the Department of Health and Human Services makes a decision under that part;
374     and
375          (h) for information related to a minor who has committed a sexual offense, a felony, or
376     an offense that if committed by an adult would be a misdemeanor, the Department of Health
377     and Human Services to determine whether to grant, deny, or revoke background clearance
378     under Section 26B-4-124 for an individual who is seeking or who has obtained an emergency
379     medical service personnel license under Section 26B-4-116, with the understanding that the
380     Department of Health and Human Services' must provide the individual who committed the
381     offense an opportunity to respond to any information gathered from the Department of Health
382     and Human Services' inspection of records before the Department of Health and Human
383     Services makes a determination.
384          (3) With the consent of the juvenile court, a court record may be inspected by the child,
385     by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
386     research studies.
387          (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
388     who is 14 years old or older with an offense that would be a felony if committed by an adult,
389     the juvenile court shall make available to any person upon request the petition, any
390     adjudication or disposition orders, and the delinquency history summary for the minor.
391          (b) A juvenile court may close the records described in Subsection (4)(a) to the public
392     if the juvenile court finds, on the record, that the records are closed for good cause.
393          (5) A juvenile probation officer's records and reports of social and clinical studies are
394     not open to inspection, except by consent of the juvenile court, given under rules adopted by
395     the board.
396          (6) The juvenile court may charge a reasonable fee to cover the costs associated with
397     retrieving a requested record that has been archived.

398          Section 7. Section 78A-6-209 (Effective 07/01/24) is amended to read:
399          78A-6-209 (Effective 07/01/24). Court records -- Inspection.
400          (1) The juvenile court and the juvenile court's probation department shall keep records
401     as required by the board and the presiding judge.
402          (2) A court record shall be open to inspection by:
403          (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
404     in the case, the attorneys, and agencies to which custody of a minor has been transferred;
405          (b) for information relating to adult offenders alleged to have committed a sexual
406     offense, a felony or class A misdemeanor drug offense, or an offense against the person under
407     Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
408     purpose of evaluating whether an individual should be permitted to obtain or retain a license as
409     an educator or serve as an employee or volunteer in a school, with the understanding that the
410     State Board of Education must provide the individual with an opportunity to respond to any
411     information gathered from the State Board of Education's inspection of the records before the
412     State Board of Education makes a decision concerning licensure or employment;
413          (c) the Criminal Investigations and Technical Services Division, established in Section
414     53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
415     and establishing good character for issuance of a concealed firearm permit as provided in
416     Section 53-5-704;
417          (d) the Division of Child and Family Services for the purpose of Child Protective
418     Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
419     hearings in accordance with Section 80-2-707;
420          (e) the Division of Licensing and Background Checks for the purpose of conducting a
421     background check in accordance with Section 26B-2-120;
422          (f) for information related to a minor who has committed a sexual offense, a felony, or
423     an offense that if committed by an adult would be a misdemeanor, the Department of Health
424     and Human Services for the purpose of evaluating under the provisions of Subsection
425     26B-2-406(3) whether a [licensee] person should be permitted to operate a residential child
426     care without a license or a certificate or to obtain or retain a license to provide child care, with
427     the understanding that the department must provide the individual who committed the offense
428     with an opportunity to respond to any information gathered from the Department of Health and

429     Human Services' inspection of records before the Department of Health and Human Services
430     makes a decision concerning licensure;
431          (g) for information related to a minor who has committed a sexual offense, a felony, or
432     an offense that if committed by an adult would be a misdemeanor, the Department of Health
433     and Human Services to determine whether an individual meets the background screening
434     requirements of Sections 26B-2-238 through 26B-2-241, with the understanding that the
435     department must provide the individual who committed the offense an opportunity to respond
436     to any information gathered from the Department of Health and Human Services' inspection of
437     records before the Department of Health and Human Services makes a decision under that part;
438     and
439          (h) for information related to a minor who has committed a sexual offense, a felony, or
440     an offense that if committed by an adult would be a misdemeanor, the Bureau of Emergency
441     Medical Services to determine whether to grant, deny, or revoke background clearance under
442     Section 53-2d-410 for an individual who is seeking or who has obtained an emergency medical
443     service personnel license under Section 53-2d-402, with the understanding that the Bureau of
444     Emergency Medical Services must provide the individual who committed the offense an
445     opportunity to respond to any information gathered from the inspection of records before the
446     Bureau of Emergency Medical Services makes a determination.
447          (3) With the consent of the juvenile court, a court record may be inspected by the child,
448     by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
449     research studies.
450          (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
451     who is 14 years old or older with an offense that would be a felony if committed by an adult,
452     the juvenile court shall make available to any person upon request the petition, any
453     adjudication or disposition orders, and the delinquency history summary for the minor.
454          (b) A juvenile court may close the records described in Subsection (4)(a) to the public
455     if the juvenile court finds, on the record, that the records are closed for good cause.
456          (5) A juvenile probation officer's records and reports of social and clinical studies are
457     not open to inspection, except by consent of the juvenile court, given under rules adopted by
458     the board.
459          (6) The juvenile court may charge a reasonable fee to cover the costs associated with

460     retrieving a requested record that has been archived.
461          Section 8. Effective date.
462          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
463          (2) (a) Section 78A-6-209 (Effective 07/01/24) takes effect on July 1, 2024.
464          (b) The actions affecting Section 59-10-1047 take effect for a taxable year beginning
465     on or after January 1, 2025.