S.B. 74

1

CHILD CARE PROVIDER CRIMINAL
2 BACKGROUND CHECK AMENDMENTS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Pete Suazo
6 AN ACT RELATING TO CHILD CARE; REQUIRING A NATIONAL CRIMINAL
7 BACKGROUND CHECK OF INDIVIDUALS ASSOCIATED WITH CHILD CARE
8 PROVIDERS; AND MAKING CERTAIN TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 26-39-107, as enacted by Chapter 196, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 26-39-107 is amended to read:
14 26-39-107. Disqualified individuals -- Criminal history checks -- Payment of costs.
15 (1) (a) Each person requesting a residential certificate or to be licensed or to renew a
16 license under this chapter shall submit to the department the name and other identifying
17 information, which [may] shall include fingerprints, of existing, new, and proposed:
18 (i) owners;
19 (ii) directors;
20 (iii) members of the governing body;
21 (iv) employees;
22 (v) providers of care; [and]
23 (vi) volunteers, except parents of children enrolled in the programs[.]; and
24 (vii) all adults residing in a residence where child care is provided.
25 (b) A person seeking renewal of a residential certificate or license under this section is not
26 required to submit fingerprints of an individual referred to in Subsections (1)(a)(i) through (vi),
27 if:

28 (i) the individual has h RESIDED IN UTAH FOR THE LAST FIVE YEARS;
28a (ii) THE INDIVIDUAL HAS h :
29 (A) previously submitted fingerprints under this section for a national criminal history
30 record check; and
31 (B) resided in Utah continuously since that time; or
32 h [ (ii) ] (iii) h as of May 3, 1999, the individual had one of the relationships under Subsection
32a (1)(a)
33 with a child care provider having a residential certificate or licensed under this section and the
34 individual has resided in Utah continuously since that time.
35 [(b)] (c) (i) The Utah Division of Criminal Investigation S AND TECHNICAL SERVICES s
35a within the Department of Public
36 Safety shall process [that] the information required under Subsection (1)(a) to determine whether
37 the individual has been convicted of any crime.
38 (ii) The Utah Division of Criminal Investigation S AND TECHNICAL SERVICES s shall
38a submit fingerprints required under
39 Subsection (1)(a) to the FBI for a national criminal history record check.
40 (iii) The applicant for the license or residential certificate shall pay the cost of conducting
41 a record check under Subsection (1)(c) S [ (ii) ] s .
42 (2) An owner, director, member of the governing body, employee, provider of care, or
43 volunteer who has a felony conviction may not provide child care or operate a residential
44 certificate or licensed child care program [licensed by the department].
45 (3) An owner, director, member of the governing body, employee, or other provider of care
46 who has been convicted of a misdemeanor may not provide child care or operate a residential
47 certificate or licensed child care program [licensed by the department], except that:
48 (a) the department may, by rule, exclude specified misdemeanors that do not disqualify
49 an individual under this section; and
50 (b) the executive director may consider and approve individual cases in accordance with
51 criteria established by rule.



Legislative Review Note
as of 11-24-98 3:41 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Health and Human Services Interim Committee recommended this bill.

Committee Note

The Workforce Services Interim Committee recommended this bill.