H.B. 120 Enrolled

DEPARTMENT OF HUMAN SERVICES OFFICE
OF LICENSING REVISIONS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: J. Brent Haymond
AN ACT RELATING TO HUMAN SERVICES; PERMITTING THE DEPARTMENT TO
SCREEN CERTAIN EMPLOYEES AND VOLUNTEERS FOR SUBSTANTIATED
FINDINGS OF ABUSE OR NEGLECT; DEFINING TERMS; CHANGING THE HUMAN
SERVICES LICENSING COMMITTEE TO A BOARD; AUTHORIZING THE OFFICE OF
LICENSING TO ADOPT LICENSING RULES RELATED TO BASIC HEALTH AND
SAFETY STANDARDS; AUTHORIZING THE OFFICE TO LICENSE TRIBAL FOSTER
HOMES; CLARIFYING THE AUTHORITY OF THE OFFICE TO CONDUCT
INSPECTIONS AND TO ADOPT THE INSPECTION REPORTS OF OTHER ENTITIES;
REQUIRING A BACKGROUND CHECK OF CARE GIVERS; PERMITTING THE OFFICE
TO SCREEN CARE GIVERS FOR SUBSTANTIATED FINDINGS OF ABUSE OR
NEGLECT; AND PROVIDING A COORDINATION CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-2-101, as last amended by Chapter 196, Laws of Utah 1997
62A-2-102, as enacted by Chapter 1, Laws of Utah 1988
62A-2-103, as last amended by Chapter 5, Laws of Utah 1991
62A-2-104, as last amended by Chapter 243, Laws of Utah 1996
62A-2-105, as last amended by Chapters 28 and 108, Laws of Utah 1995
62A-2-106, as last amended by Chapter 172, Laws of Utah 1991
62A-2-108, as last amended by Chapter 172, Laws of Utah 1991
62A-2-109, as last amended by Chapter 12, Laws of Utah 1994
62A-2-110, as last amended by Chapter 172, Laws of Utah 1991
62A-2-111, as last amended by Chapter 172, Laws of Utah 1991
62A-2-112, as last amended by Chapter 172, Laws of Utah 1991

62A-2-113, as last amended by Chapter 172, Laws of Utah 1991
62A-2-115, as last amended by Chapter 172, Laws of Utah 1991
62A-2-116, as last amended by Chapter 172, Laws of Utah 1991
62A-4a-413, as last amended by Chapters 196 and 329, Laws of Utah 1997
ENACTS:
62A-1-118, Utah Code Annotated 1953
62A-2-117, Utah Code Annotated 1953
62A-2-118, Utah Code Annotated 1953
62A-2-119, Utah Code Annotated 1953
62A-2-120, Utah Code Annotated 1953
62A-2-121, Utah Code Annotated 1953
REPEALS:
62A-2-106.1, as enacted by Chapter 172, Laws of Utah 1991
62A-2-107, as last amended by Chapters 5 and 172, Laws of Utah 1991
62A-2-114, as last amended by Chapter 108, Laws of Utah 1997
62A-4a-604, as last amended by Chapter 195, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-1-118 is enacted to read:
62A-1-118. Access to abuse and neglect information to screen employees and
volunteers.
(1) With respect to department employees and volunteers, the department may only access
information in the Division of Child and Family Service's management information system created
by Section 62A-4a-116 and the Division of Aging and Adult Services database created by Section
62A-3-311.1 for the purpose of determining at the time of hire and each year thereafter whether a
department employee or volunteer has an adjudication of abuse or neglect or since January 1, 1994,
a substantiated finding of abuse or neglect after notice and an opportunity for a hearing consistent
with Title 63, Chapter 46b, Administrative Procedures Act, but only if identification as a possible
perpetrator of abuse or neglect is directly relevant to the employment or volunteer activities of that

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person.
(2) A department employee or volunteer to whom Subsection (1) applies shall submit to the
department his name and other identifying information upon request.
(3) The department shall process the information to determine whether the employee or
volunteer has a substantiated finding of child abuse or neglect.
(4) The department shall adopt rules defining permissible and impermissible work-related
activities for a department employee or volunteer with one or more substantiated findings of abuse
or neglect.
Section 2. Section 62A-2-101 is amended to read:
62A-2-101. Definitions.
As used in this chapter:
(1) "Adult day care" means continuous care and supervision for three or more adults for at
least four but less than 24 hours a day, that meets the needs of functionally impaired adults through
a comprehensive program that provides a variety of health, social, recreational, and related support
services in a protective setting.
(2) "Child placing" means receiving, accepting, or providing custody or care for any child
under 18 years of age, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child temporarily or permanently in a home for adoption; or
(c) foster home placement.
[(3) "Comprehensive mental health treatment" means a community program which:]
[(a) makes mental health services available to persons of all ages who are experiencing an
emergency mental dysfunction; and]
[(b) provides at least the following continuum of services:]
[(i) inpatient;]
[(ii) residential support;]
[(iii) day treatment; and]
[(iv) outpatient treatment.]

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[(4) "Comprehensive substance abuse treatment" means a community program operated by
or under contract with a local substance abuse authority that provides at least the following services:]
[(a) social detoxification;]
[(b) residential treatment;]
[(c) outpatient treatment;]
[(d) day treatment; and]
[(e) residential support.]
(3) "Client" means an individual who receives or has received services from a human
services licensee under this chapter.
[(5)] (4) "Day treatment" means specialized treatment for less than 24 hours a day for four
or more persons who are unrelated to the owner or provider and who have emotional, psychological,
developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. Day
treatment is provided in lieu of, or in coordination with, a more restrictive residential or inpatient
environment or service.
[(6)] (5) "Department" means the Department of Human Services.
[(7)] (6) "Director" means the director of the Office of Licensing.
[(8)] (7) "Domestic violence treatment program" means a nonresidential program designed
to provide psychological treatment and educational services to perpetrators and victims of domestic
violence.
[(9) "Driving under the influence-educational services" means an instructional program for
court-referred alcohol and drug offenders for ten or more hours.]
[(10)] (8) "Executive director" means the executive director of the Department of Human
Services.
[(11)] (9) "Human services [program] licensee" or "licensee" means a youth program,
resource family home, or a facility or program that provides care, secure treatment, inpatient
treatment, residential treatment, residential support, adult day care, day treatment, outpatient
treatment, [comprehensive mental health treatment, comprehensive substance abuse treatment,]
domestic violence treatment, child placing services, or [driving under the influence-educational

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services] social detoxification.
[(12) "Inpatient treatment" means a 24-hour hospital-based, live-in treatment service for
persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or
chemical dependencies, whose current functioning is such that they cannot live independently or in
a less restrictive environment. Inpatient treatment services may include, but are not limited to,
assessment, examinations, diagnosis, individual, group, and family counseling, skills training,
medication, or detoxification. Inpatient treatment services are provided by or under the direction and
supervision of a physician licensed to practice medicine in this state.]
[(13)] (10) "Licensing [committee] board" means the Human Services Licensing
[Committee] Board.
[(14)] (11) "Office" means the Office of Licensing within the Department of Human
Services.
[(15)] (12) "Outpatient treatment" means individual, family, or group therapy or counseling
designed to improve and enhance social or psychological functioning for those whose physical and
emotional status allows them to continue functioning in their usual living environment.
(13) "Person associated with a licensee" means an owner, director, member of the governing
body, employee, provider of care, and volunteer of a human services licensee.
[(16)] (14) "Residential support" means arranging for or providing the necessities of life as
a protective service to individuals or families who are disabled or who are experiencing a dislocation
or emergency which prevents them from providing these services for themselves or their families.
Treatment is not a necessary component of residential support.
[(17)] (15) "Residential treatment" means a 24-hour group living environment for four or
more individuals unrelated to the owner or provider that offers room or board and specialized
treatment, rehabilitation, or habilitation services for persons with emotional, psychological,
developmental, or behavioral dysfunctions, impairments, or chemical dependencies. In residential
treatment, individuals are assisted in acquiring the social and behavioral skills necessary for living
independently in the community.
(16) "Resource family home" means a home licensed to provide services to a child in the

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custody of the state and includes a foster care home and a legal risk home.
[(18)] (17) "Secure treatment" means 24-hour specialized residential treatment or care for
persons whose current functioning is such that they cannot live independently or in a less restrictive
environment. Secure treatment differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures which are imposed on residents
with neither their consent nor control.
[(19)] (18) "Social detoxification" means short-term residential services for persons who are
intoxicated, that are provided outside of a health care facility licensed under Title 26, Chapter 21,
Health Care Facility Licensure and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
[(20)] (19) "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
[(21)] (20) "Youth program" means a nonresidential program designed to provide
behavioral, substance abuse, or mental health services to minors that:
(a) serves either adjudicated or nonadjudicated youth;
(b) charges a fee for its services;
(c) may or may not provide host homes or other arrangements for overnight accommodation
of the youth;
(d) may or may not provide all or part of its services in the outdoors;
(e) may or may not limit or censor access to parents or guardians;
(f) prohibits or restricts a minor's ability to leave the program at any time of his own free
will; and
(g) will not apply to recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other
such organizations.
Section 3. Section 62A-2-102 is amended to read:
62A-2-102. Purpose of licensure.

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The purpose of licensing under this chapter is to permit or authorize a public or private
agency to provide defined [social] human services programs within statutory and regulatory
guidelines. [The issuance of a social service license designates that the program has the capacity to
provide the service for which it is licensed.]
Section 4. Section 62A-2-103 is amended to read:
62A-2-103. Office of Licensing -- Appointment -- Qualifications of director.
(1) There is created the Office of Licensing within the Department of Human Services. The
office shall be the licensing authority for the department, and is vested with all the powers, duties,
and responsibilities described in this chapter.
(2) The executive director shall appoint the director of the office.
(3) The director shall have a bachelor's degree from an accredited university or college, be
experienced in administration, and be knowledgeable of human services licensing.
Section 5. Section 62A-2-104 is amended to read:
62A-2-104. Human Services Licensing Board -- Composition -- Meetings -- Expenses.
(1) There is established the Human Services Licensing [Committee, composed] Board
consisting of the following nine members [who shall be] appointed by the executive director[.
Members of that committee shall be representative of consumers of social service programs , public
and private providers of human services programs who are subject to licensure under this chapter,
and the general public.]:
(a) one individual who represents child and family services licensees;
(b) one individual who represents disability services licensees;
(c) one individual who represents youth correction licensees;
(d) one individual who represents aging and adult services licensees;
(e) one individual who represents mental health services licensees;
(f) one individual who represents substance abuse services licensees; and
(g) three individuals who represent clients or the general public.
(2) (a) Except as required by Subsection (2)(b), as terms of current [committee] board
members expire, the executive director shall appoint each new member or reappointed member to

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a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
[committee] board members are staggered so that approximately half of the [committee] board is
appointed every two years.
(c) The [committee] board shall annually elect a chair from its membership.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The licensing [committee] board shall meet at least quarterly, or more frequently as
determined by the director, the chair, or three or more members of the [committee] board. Five
members constitute a quorum and a vote of the majority of the members present constitutes [an] the
action of the [committee] board.
(5) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
Section 6. Section 62A-2-105 is amended to read:
62A-2-105. Licensing board responsibilities.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
licensing [committee] board shall review and approve rules regarding:
(a) approving, denying, suspending, and revoking licenses for human [service programs]
services licensees and facilities;
(b) conditional licenses, variances from department rule, and exclusions;
(c) the protection of the basic health and safety of [participants in human services programs]
clients; and
(d) licensing of all human services [programs] licensees that are required to be licensed
under this chapter.
(2) The licensing [committee] board shall:

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(a) define information that shall be submitted to the department with an application for a
license;
(b) review and approve fees, in accordance with Section 63-38-3.2 , for licenses issued under
this chapter;
(c) represent the community and the human services [program providers] licensees; and
(d) advise the department as requested, concerning enforcement of rules established under
this chapter.
Section 7. Section 62A-2-106 is amended to read:
62A-2-106. Office responsibilities.
The office shall:
[(1) enforce all rules made by the licensing committee;]
(1) make rules to establish:
(a) basic health and safety standards for licensees, which shall be limited to the following:
(i) fire safety;
(ii) food safety;
(iii) sanitation;
(iv) infectious disease control;
(v) safety of the physical plant;
(vi) transportation safety;
(vii) emergency preparedness;
(viii) the administration of medical standards and procedures, consistent with the related
provisions of this title; and
(ix) subject to Subsection (11), consumer rights;
(b) minimum administration and financial requirements for licensees; and
(c) guidelines for variances from rules established under this Subsection (1);
(2) enforce rules:
(a) approved by the licensing board;
(b) in effect on January 1, 1998, that apply to a service or program for which a licensee is

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not under contract with a division listed in Section 62A-1-105 to provide until rules are established
pursuant to Subsection (2)(c); and
(c) established after July 1, 1999, by a policymaking board created by Section 62A-1-105
which:
(i) shall be limited to:
(A) the administration and maintenance of client and service records;
(B) staff qualifications; and
(C) staff to client ratios; and
(ii) may only apply to a service or program for which a licensee is not under contract with
a division listed in Section 62A-1-105 to provide;
[(2)] (3) issue licenses in accordance with this chapter;
[(3)] (4) conduct surveys and inspections of [human services programs] licensees and
facilities in accordance with Section 62A-2-118 ;
[(4)] (5) collect licensure fees;
[(5)] (6) provide necessary administrative support to the licensing [committee] board;
[(6)] (7) investigate complaints regarding any [human services program] licensee or facility;
[(7)] (8) have access to all records, correspondence, and financial data required to be
maintained by a [human services program] licensee or facility;
[(8)] (9) have authority to interview any client, family member of a client, employee, or
officer of a human services [program] licensee or facility; [and]
[(9)] (10) have authority to revoke, suspend, or extend any license issued by the department
under this chapter by following the procedures and requirements of Title 63, Chapter 46b,
Administrative Procedures Act; and
(11) prepare language for the 1999 General Session of the Legislature to codify the rules
established under Subsection (1)(a)(ix).
Section 8. Section 62A-2-108 is amended to read:
62A-2-108. Licensure requirements -- Expiration -- Renewal.
(1) Except as [otherwise] provided [by law] in Section 62A-2-110 , no person, agency, firm,

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corporation, association, or governmental unit, acting severally or jointly with any other person,
agency, firm, corporation, association, or governmental unit, may establish, conduct, or maintain a
human services program or facility in this state without a valid and current license issued by and
under the authority of the department as provided by this chapter and the rules of the licensing
[committee] board.
(2) No license issued under this chapter is assignable or transferable.
(3) A current license shall at all times be posted in each human services program or facility,
in a place that is visible and readily accessible to the public.
(4) (a) Each license issued under this chapter expires at midnight 12 months from the date
of issuance unless it has been:
(i) previously revoked by the office; or
(ii) voluntarily returned to the office by the human services [program] licensee.
(b) A license shall be renewed [annually,] upon application and payment of the applicable
fee, unless the office finds that the [human services program] licensee or facility has not complied
with the provisions of or rules made under this chapter [or rules made under Section 62A-2-105 ].
(5) Any [human services program] licensee or facility which is in operation at the time rules
are made in accordance with this chapter shall be given a reasonable time for compliance as
determined by the [licensing committee] rule.
Section 9. Section 62A-2-109 is amended to read:
62A-2-109. License application -- Classification of information.
(1) An application for a license under this chapter shall be made to the office [on forms
supplied by the office,] and shall contain information that the [committee] board determines is
necessary[,] in accordance with established rules.
(2) Information received by the office through reports and inspections shall be classified as
public in accordance with Title 63, Chapter 2, Government Records Access and Management Act.
Section 10. Section 62A-2-110 is amended to read:
62A-2-110. Exclusions from chapter.
The provisions of this chapter do not apply to:

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(1) a facility or program owned or operated by an agency of the United States government;
(2) a facility or program [regulated or] operated by or under an exclusive contract with the
Department of Corrections;
(3) private individual or group counseling by a licensed practitioner; or
(4) a general acute hospital, small health care facility, specialty hospital, nursing care
facility, or other health care facility licensed by the Department of Health under Section 26-21-2 .
Section 11. Section 62A-2-111 is amended to read:
62A-2-111. Adjudicative proceedings.
(1) Whenever the office has reason to believe that a human services [program] licensee or
facility is in violation of this chapter or rules made under this chapter, the office may commence
adjudicative proceedings to determine the legal rights of the human services [program] licensee or
facility by serving notice of agency action in accordance with Title 63, Chapter 46b, Administrative
Procedures Act.
(2) A human services licensee or individual may commence adjudicative proceedings, in
accordance with Title 63, Chapter 46b, Administrative Procedures Act, regarding all office actions
that determine the legal rights, duties, privileges, immunities, or other legal interests of the human
services licensee or persons associated with the licensee, including all office actions to grant, deny,
revoke, suspend, withdraw, or amend an authority, right, or license under this chapter.
Section 12. Section 62A-2-112 is amended to read:
62A-2-112. Violations -- Penalties.
If the office finds that a violation has occurred under Section 62A-2-111 , it may:
(1) deny, suspend, or revoke a license, if it finds that there has been a failure to comply with
the rules [made] approved by the [committee] board, or if it finds evidence of aiding, abetting, or
permitting the commission of any illegal act; or
(2) restrict or prohibit new admissions to a human services program or facility, if it finds that
there has been a failure to comply with rules [made] approved by the [committee] board, or if it finds
evidence of aiding, abetting, or permitting the commission of any illegal act in the human services
facility [or program].

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Section 13. Section 62A-2-113 is amended to read:
62A-2-113. License revocation -- Suspension.
(1) If a license is revoked [under Section 62A-2-112 ], the office may grant a new license
after:
(a) satisfactory evidence is submitted to the office, evidencing that the conditions upon
which revocation was based have been corrected; and
(b) inspection and compliance with all provisions of this chapter and applicable rules.
(2) The office may only suspend a license for a period of time which does not exceed the
current expiration date of that license.
(3) When a license has been suspended, the office may completely or partially restore the
suspended license upon a determination that the:
(a) conditions upon which the suspension was based have been completely or partially
corrected; and
(b) interests of the public will not be jeopardized by restoration of the license.
Section 14. Section 62A-2-115 is amended to read:
62A-2-115. Injunctive relief and other legal procedures.
In addition to, and notwithstanding, any other remedy provided by law the department may,
in a manner provided by law and upon the advice of the attorney general, who shall represent the
department in the proceedings, maintain an action in the name of the state for injunction or other
process against any person or governmental unit to restrain or prevent the establishment,
management, or operation of a human services program or facility in violation of this chapter or rules
[made] approved by the [committee] board.
Section 15. Section 62A-2-116 is amended to read:
62A-2-116. Violation -- Criminal penalties.
A person who owns, establishes, conducts, maintains, manages, or operates a human services
[program or] facility in violation of this chapter [or rules made by the committee] is guilty of a class
A misdemeanor if the violation endangers or harms the health, welfare, or safety of persons
participating in that program.

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Section 16. Section 62A-2-117 is enacted to read:
62A-2-117. Licensure of tribal foster homes.
(1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that tribes may
develop and implement tribal foster home standards.
(2) The office shall license tribal foster homes according to standards developed and
approved by the tribe, pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
(3) If the tribe has not developed standards, the office shall license tribal foster homes
pursuant to this chapter.
Section 17. Section 62A-2-118 is enacted to read:
62A-2-118. Administrative inspections.
(1) The office may, for the purpose of ascertaining compliance with the provisions of this
chapter, enter and inspect on a routine basis the facility of a licensee.
(2) Before conducting an inspection under Subsection (1), the office shall, after identifying
the person in charge:
(a) give proper identification;
(b) request to see the applicable license;
(c) describe the nature and purpose of the inspection; and
(d) if necessary, explain the authority of the office to conduct the inspection and the penalty
for refusing to permit the inspection as provided in Section 62A-2-116 .
(3) In conducting an inspection under Subsection (1), the office may, after meeting the
requirements of Subsection (2):
(a) inspect the physical facilities;
(b) inspect records and documents;
(c) interview officers, employees, clients, family members of clients, and others; and
(d) observe the licensee in operation.
(4) An inspection conducted under Subsection (1) shall be during regular business hours and
may be announced or unannounced.
(5) The human services licensee shall make copies of inspection reports available to the

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public upon request.
(6) The provisions of this section apply to on-site inspections and do not restrict the office
from contacting family members, neighbors, or other individuals, or from seeking information from
other sources to determine compliance with the provisions of this chapter.
Section 18. Section 62A-2-119 is enacted to read:
62A-2-119. Adoption of inspections, examinations, and studies.
The office may adopt an inspection, examination, or study conducted by a public or private
entity, as identified by rule, to determine whether a licensee has complied with a licensing
requirement imposed by virtue of this chapter.
Section 19. Section 62A-2-120 is enacted to read:
62A-2-120. Criminal background checks.
(1) (a) A human services licensee or individual applying for or renewing a license to provide
child-placing services, youth programs, substitute care, foster care, or institutionalized care to
children, shall submit to the department the name and other identifying information, which may
include fingerprints, of persons associated with the licensee.
(b) The Utah Division of Criminal Investigation of the Department of Public Safety shall
process that information to determine whether the individual has been convicted of any crime.
(c) If an individual has not lived in Utah for five years, the individual shall submit
fingerprints for a FBI national criminal history record check. The fingerprints shall be submitted to
the FBI through the Utah Division of Criminal Investigation.
(2) A person associated with the licensee who has a felony conviction may not provide
child-placing services, foster care, youth programs, substitute care, or institutionalized care for
children in facilities or programs licensed by the department.
(3) The department shall adopt rules defining the circumstances under which a person who
has been convicted of a misdemeanor may provide child-placing services, foster care, youth
programs, substitute care, or institutionalized care for children in a facility or program licensed by
the department.
Section 20. Section 62A-2-121 is enacted to read:

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62A-2-121. Access to abuse and neglect information for licensing purposes.
(1) With respect to human services licensees, the department may access only the Division
of Child and Family Service's management information system created by Section 62A-4a-116 for
the purpose of:
(a) determining whether a person associated with a licensee, who provides care described
in Subsection (2), has a substantiated finding of abuse or neglect; and
(b) informing a licensee, who provides care described in Subsection (2), that a person
associated with the licensee has a substantiated finding of abuse or neglect.
(2) (a) A licensee or individual applying for or renewing a license to provide child-placing
services, youth programs, substitute care, foster care, or institutionalized care to children shall submit
to the department the name and other identifying information of a person associated with the
licensee.
(b) The office shall process the information to determine whether the licensee or a person
associated with a licensee has a substantiated finding of child abuse or neglect.
(3) The office shall adopt rules defining the circumstances under which a person who has
a substantiated finding of child abuse or neglect may provide child-placing services, foster care,
youth programs, substitute care, or institutionalized care for children in a facility licenced by the
department.
Section 21. Section 62A-4a-413 is amended to read:
62A-4a-413. Agencies and individuals providing services to children -- Felony or
misdemeanor conviction.
(1) (a) As of July 1, 1990, each public or private agency or individual licensed by the
department to provide child placing services, youth programs, substitute, foster, or institutionalized
care to children shall, in order to obtain or renew a license under Section 62A-2-108 , submit to the
department the name and other identifying information, which may include fingerprints, of new and
proposed:
(i) owners;
(ii) directors;

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(iii) members of the governing body;
(iv) employees;
(v) providers of care; and
(vi) volunteers, except parents of children enrolled in the programs.
(b) The [Law Enforcement and Technical Services] Utah Division of Criminal Investigation
of the Department of Public Safety shall process that information to determine whether the
individual has been convicted of any crime.
(c) If an individual has not lived in Utah for five years, the individual shall submit
fingerprints for a FBI national criminal history record check. The fingerprints shall be submitted to
the FBI through the Utah Division of Criminal Investigation.
[(c) As of July 1, 1997, persons described in Subsection (1)(a) may also be subject to a
complete Federal Bureau of Investigation criminal background check through the national criminal
history system (NCIC) if they provide out-of-home care for children, in accordance with Section
78-3a-307.1 . If an FBI fingerprint background check is required pursuant to Section 78-3a-307.1 ,
the provider may be provisionally licensed.]
(2) An owner, director, member of the governing body, employee, provider of care, or
volunteer who has a felony conviction may not provide child placing services, foster care, youth
programs, substitute care, or institutionalized care for children in facilities or programs licensed by
the department.
[(3) With regard to an owner, director, member of the governing body, employee, or
provider of care who has a misdemeanor conviction, the executive director has discretion to
determine whether or not that person may provide any child placing, foster care, youth programs,
substitute care, or institutionalized care for children in a facility or program licensed by the
department.]
(3) The Office shall adopt rules defining the circumstances under which an owner, director,
member of the governing body, employee, provider of care, or volunteer who has been convicted
of a misdemeanor may provide services described in Subsection (1)(a).
Section 22. Repealer.

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This act repeals:
Section 62A-2-106.1, Review of standards by policy board -- Resolution of differences.
Section 62A-2-107, Coordination with Department of Health -- Joint inspection of
facilities.
Section 62A-2-114, Licensure of program in compliance.
Section 62A-4a-604, Rulemaking authority.
Section 23. Coordination clause.
If this bill and H.B. 169, Public Safety Amendments, both pass, it is the intent of the
Legislature that the references to "Utah Division of Criminal Investigation" in this bill shall be
deleted and "Criminal Investigations and Technical Services Division" shall be inserted.

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