H.B. 64 Enrolled

CRIMINAL BACKGROUND CHECKS FOR
PERSONAL CARE ATTENDANTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Fred R. Hunsaker
Senate Sponsor: Lyle W. Hillyard

LONG TITLE
General Description:
This bill amends the Human Services Code and the Judicial Code to provide for a
criminal background check of a personal care attendant who receives public funds for
the personal care attendant's services.
Highlighted Provisions:
This bill:
. defines terms;
. provides the Department of Human Services with access to records to determine
whether a personal care attendant is listed in the:
. Licensing Information System of the Division of Child and Family Services;
. juvenile court records as having a substantiated finding of severe child abuse or
neglect; or
. statewide database of the Division of Aging and Adult Services as having a
substantiated finding of abuse, neglect, or exploitation of a vulnerable adult;
. provides that the Department of Human Services may inform a client, or the client's
agent, of the status of a personal care attendant in the records described above;
. prohibits the Division of Aging and Adult Services and an area agency on aging
from disbursing public funds to a personal care attendant, unless the personal care
attendant successfully completes a background check;
. requires the Office of Licensing in the Department of Human Services to conduct a
background check of a personal care attendant who desires to receive public funds;

and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
62A-2-121, as last amended by Chapter 86, Laws of Utah 2004
62A-2-122, as enacted by Chapter 300, Laws of Utah 2002
62A-3-101, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
62A-3-104, as last amended by Chapter 352, Laws of Utah 2004
62A-3-104.1, as last amended by Chapter 254, Laws of Utah 1998
62A-4a-116.2, as last amended by Chapter 86, Laws of Utah 2004
78-3a-320, as last amended by Chapter 210, Laws of Utah 2003
ENACTS:
62A-3-104.3, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-2-121 is amended to read:
62A-2-121. Access to abuse and neglect information.
(1) For purposes of this section, "personal care attendant" is as defined in Section
62A-3-101 .
[(1)] (2) With respect to a human services [licensees] licensee, or a personal care
attendant, the department may access only the Licensing Information System of the Division of
Child and Family Services created by Section 62A-4a-116.2 and juvenile court records under
Subsection 78-3a-320 [(4)](6), for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to

children[,]:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
[(b)] (ii) informing a licensee that a person associated with the licensee:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2)[.]; or
(b) (i) determining whether a personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
(ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2).
[(2)] (3) Notwithstanding Subsection [(1)] (2), the department may access the Division of
Child and Family Service's Management Information System under Section 62A-4a-116 for the
purpose of licensing and monitoring foster parents.
[(3)] (4) After receiving identifying information for a person under Subsection
62A-2-120 (1), the department shall process the information for the purposes described in
Subsection [(1)] (2).
[(4)] (5) The department shall adopt rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under
which a person [who has] may have direct access or provide services to children [and who]
when:
(a) the person is listed in the Licensing Information System [or has] of the Division of

Child and Family Services created by Section 62A-4a-116.2 ; or
(b) juvenile court records show that a court made a substantiated finding [by a court of]
under Section 78-3a-320 , that the person committed a severe type of child abuse or neglect
[under Subsections 78-3a-320 (1) and (2) may provide services to children].
Section 2. Section 62A-2-122 is amended to read:
62A-2-122. Access to vulnerable adult abuse and neglect information.
(1) For purposes of this section, "personal care attendant" is as defined in Section
62A-3-101 .
[(1)] (2) With respect to a human services [licensees] licensee, or a personal care
attendant, the department may access the data base created by Section 62A-3-311.1 for the
purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
vulnerable adults, has a substantiated finding of:
(A) abuse[,];
(B) neglect[,]; or
(C) exploitation; and
[(b)] (ii) informing a licensee that a person associated with the licensee has a
substantiated finding of:
(A) abuse[,];
(B) neglect[,]; or
(C) exploitation[.]; or
(b) (i) determining whether a personal care attendant has a substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
personal care attendant has a substantiated finding of:
(A) abuse;

(B) neglect; or
(C) exploitation.
[(2)] (3) After receiving identifying information for a person under Subsection
62A-2-120 (1), the department shall process the information for the purposes described in
Subsection [(1)] (2).
[(3)] (4) The department shall adopt rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, consistent with this chapter and consistent with Section
62A-3-311.1 , defining the circumstances under which a person [who has] may have direct access
or provide services to vulnerable adults [and who has a substantiated finding of abuse, neglect, or
exploitation may provide services to vulnerable adults] when the person is listed in the statewide
database of the Division of Aging and Adult Services created by Section 62A-3-311.1 as having
a substantiated finding of abuse, neglect, or exploitation.
Section 3. Section 62A-3-101 is amended to read:
62A-3-101. Definitions.
As used in this chapter:
(1) "Adult" or "high risk adult" means a person 18 years of age or older who experiences
a condition:
(a) that places the person at a high risk of being unable to care for himself[,]:
(i) as determined by assessment[, because of]; and
(ii) due to the onset of a physical or cognitive impairment or frailty; and
(b) for which the person is not eligible to receive services under:
(i) Chapter 5, Services to People with Disabilities[,]; or
(ii) Chapter 15, Substance Abuse and Mental Health Act.
(2) "Aging" and "aged" means a person 60 years of age or older.
(3) "Area agency" means an area agency that provides services to the aged, high risk
adults, or both within a planning and service area.
(4) "Area agency on aging" means a public or private nonprofit agency or office
designated by the division to:

(a) operate within a planning and service area of the state [to]; and
(b) develop and implement a broad range of services for the aged in [that area] the area
described in Subsection (4)(a).
(5) "Area agency on high risk adults" means a public or private nonprofit agency or
office designated by the division to:
(a) operate within a planning and service area of the state [to]; and
(b) develop and implement services for high risk adults in [that area] the area described
in Subsection (5)(a).
(6) "Board" means the Board of Aging and Adult Services.
(7) "Director" means the director of the [Division of Aging and Adult Services] division.
(8) "Division" means the Division of Aging and Adult Services within the department.
(9) "Personal care attendant" means a person who:
(a) is selected by:
(i) an aged person;
(ii) an agent of an aged person;
(iii) a high risk adult; or
(iv) an agent of a high risk adult; and
(b) provides personal services to the:
(i) aged person described in Subsection (9)(a)(i); or
(ii) high risk adult described in Subsection (9)(a)(iii).
(10) "Personal services" means nonmedical care and support, including assisting a person
with:
(a) meal preparation;
(b) eating;
(c) bathing;
(d) dressing;
(e) personal hygiene; or
(f) daily living activities.

[(9)] (11) "Planning and service area" means a geographical area of the state designated
by the division for purposes of planning, development, delivery, and overall administration of
services for the aged or high risk adults.
(12) (a) "Public funds" means state or federal funds that are disbursed by:
(i) the Department of Health;
(ii) the division;
(iii) an area agency; or
(iv) an area agency on aging.
(b) "Public funds" includes:
(i) Medicaid funds; and
(ii) Medicaid waiver funds.
Section 4. Section 62A-3-104 is amended to read:
62A-3-104. Authority of division.
(1) The division is the sole state agency, as defined by the Older Americans Act of 1965,
42 U.S.C. 3001 et seq., to:
(a) serve as an effective and visible advocate for the aging and adult population of this
state[, to];
(b) develop and administer a state plan under the policy direction of the board[,]; and [to]
(c) take primary responsibility for state activities relating to provisions of the Older
Americans Act of 1965, as amended.
(2) (a) The division has authority to designate:
(i) planning and service areas for the state[,]; and [to designate]
(ii) an area agency on aging within each planning and service area to design and
implement a comprehensive and coordinated system of services and programs for the aged within
appropriations from the Legislature.
(b) Designation as an area agency on aging may be withdrawn:
(i) upon request of the area agency on aging; or
(ii) upon noncompliance with the provisions of the:

(A) Older Americans Act of 1965, 42 U.S.C. 3001 et seq.[, the];
(B) federal regulations enacted under [that act, the] the Older Americans Act of 1965, 42
U.S.C. 3001 et seq.;
(C) provisions of this chapter[,]; or [the]
(D) rules, policies, or procedures established by the division.
(3) (a) The division has the authority to designate:
(i) planning and service areas for the state; and [to designate]
(ii) subject to Subsection (3)(b), an area agency on high risk adults within each planning
and service area [in accordance with Subsection (3)(b)] to design and implement a
comprehensive and coordinated system of case management and programs for high risk adults
within appropriations from the Legislature.
(b) [Before] For purposes of Subsection (3)(a)(ii), before October 1, 1998, the division
shall designate as the area agency on high risk adults in a planning and service area:
(i) the area agency on aging that operates within the same geographic area if that agency
[has requested] requests, before July 1, 1998, to expand [its] that agency's current contract with
the division to include the responsibility of:
(A) being the area agency on high risk adults; or
(B) operating the area agency on high risk adults:
(I) through joint cooperation with one or more existing area agencies on aging; and
(II) without reducing geographical coverage in any service area; or
(ii) a public or private nonprofit agency or office if the area agency on aging that operates
within the same geographic area has not made a request in accordance with Subsection (3)(b)(i).
(c) (i) Area agencies on high risk adults shall be in operation before July 1, 1999.
(ii) The division's efforts to establish area agencies on high risk adults shall start with
counties with a population of more than 150,000 people.
(d) Designation as an area agency on high risk adults may be withdrawn:
(i) upon request by the area agency; or
(ii) upon noncompliance with:

(A) state [or] law;
(B) federal [laws,] law; or
(C) rules, policies, or procedures established by the division.
(4) (a) The division may, by following the procedures and requirements of Title 63,
Chapter 38e, Federal Funds Procedures[,]:
(i) seek federal grants, loans, or participation in federal programs; and
(ii) receive and distribute state and federal funds for the division's programs and services
to the aging and adult populations of the state.
(b) The division may not disburse public funds to a personal care attendant as payment
for personal services rendered to an aged person or high risk adult, except as provided in Section
62A-3-104.3 .
(5) The division has authority to establish, either directly or by contract, programs of
advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
quality of life for aging and adult citizens of the state.
(6) In accordance with the rules of the division and Title 63, Chapter 56, Utah
Procurement Code, the division may contract with:
(a) [contract with] the governing body of an area agency to provide a comprehensive
program of services; [and] or
(b) [contract with] public and private entities for special services.
(7) The division has authority to provide for collection, compilation, and dissemination
of information, statistics, and reports relating to issues facing aging and adult citizens.
(8) The division has authority to prepare and submit reports regarding the operation and
administration of the division to the department, the Legislature, and the governor, as requested.
(9) The division shall:
(a) implement and enforce policies established by the board governing all aspects of the
division's programs for aging and adult persons in the state;
(b) in order to ensure compliance with all applicable state and federal statutes, policies,
and procedures, monitor and evaluate programs provided by or under contract with:

(i) the division[,];
(ii) area agencies[,]; and [any]
(iii) an entity that receives funds from an area agency [to ensure compliance with all
applicable state and federal statutes, policies, and procedures];
(c) examine expenditures of public funds;
(d) withhold funds from programs based on contract noncompliance;
(e) review and approve plans of area agencies in order to ensure:
(i) compliance with division policies; and [to ensure]
(ii) a statewide comprehensive program;
(f) in order to further programs for aging and adult persons and prevent duplication of
services, promote and establish cooperative relationships with:
(i) state and federal agencies[,];
(ii) social and health agencies[,];
(iii) education and research organizations[,]; and
(iv) other related groups [in order to further programs for aging and adult persons, and
prevent duplication of services];
(g) advocate for the aging and adult populations;
(h) promote and conduct research on the problems and needs of aging and adult persons[,
and];
(i) submit recommendations for changes in policies, programs, and funding to the:
(i) governor; and [the]
(ii) Legislature; and
[(i)] (j) (i) accept contributions to and administer the funds contained in the "Out and
About" Homebound Transportation Assistance Fund created in Section 62A-3-110 ; and
(ii) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
Transportation Assistance Fund in accordance with Section 62A-3-110 .
Section 5. Section 62A-3-104.1 is amended to read:

62A-3-104.1. Powers and duties of area agencies.
(1) An area agency that provides services to [the aged,] an aged person, or a high risk
[adults, or both] adult shall within [its] the area agency's respective jurisdiction:
(a) advocate by monitoring, evaluating, and providing input on all policies, programs,
hearings, and levies that affect [those persons] a person described in this Subsection (1);
(b) design and implement a comprehensive and coordinated system of services within a
designated planning and service area;
(c) conduct periodic reviews and evaluations of needs and services;
(d) prepare and submit to the division plans for funding and service delivery for services
within the designated planning and service area;
(e) establish, either directly or by contract, programs licensed under Chapter 2 of this
title;
(f) (i) appoint an area director[,];
(ii) prescribe [his] the area director's duties[,]; and
(iii) provide adequate and qualified staff to carry out the area plan described in
Subsection (1)(d);
(g) establish rules not contrary to policies of the board and rules of the division,
regulating local services and facilities;
(h) operate other services and programs funded by sources other than those administered
by the division;
(i) establish mechanisms to provide direct citizen input, including an area agency
advisory council with a majority of members who are eligible for services from the area agency;
(j) establish fee schedules; and
(k) comply with the requirements and procedures of:
(i) Title 11, Chapter 13, Interlocal Cooperation Act[,]; and [with the requirements and
procedures of]
(ii) Title 51, Chapter 2, Accounting Reports from Political Subdivisions, Interlocal
Organizations, and Other Local Entities Act.

(2) Before disbursing any public funds, an area agency shall require that all entities
receiving any public funds agree in writing that:
(a) the division may examine the entity's program and financial records; and
(b) the auditor of the local area agency may examine and audit the entity's program and
financial records, if requested by the local area agency.
(3) An area agency on aging may not disburse public funds to a personal care attendant
as payment for personal services rendered to an aged person or high risk adult, except as
provided in Section 62A-3-104.3 .
[(3)] (4) (a) [Local area agencies] For the purpose of providing services pursuant to this
part, a local area agency may receive:
(i) property[,];
(ii) grants[,];
(iii) gifts[,];
(iv) supplies[,];
(v) materials[, including];
(vi) any benefit derived [therefrom,] from the items described in Subsections (4)(a)(i)
through (v); and
(vii) contributions [for the purpose of providing services pursuant to this part].
(b) If [those gifts are] a gift is conditioned upon [their] the gift's use for a specified
service or program, [they shall be so used] the gift shall be used for the specific service or
program.
[(4)] (5) (a) Area agencies shall award all public funds in compliance with:
(i) the requirements of Title 63, Chapter 56, Utah Procurement Code[,]; or [with]
(ii) a county procurement ordinance that requires [similar] procurement procedures
similar to those described in Subsection (5)(a)(i).
(b) (i) If all initial bids on a project are rejected, the area agency shall publish a new
invitation to bid.
(ii) If no satisfactory bid is received by the area agency described in Subsection (5)(b)(i),

when the bids received from the second invitation are opened[,] the area agency may execute a
contract without requiring competitive bidding.
(c) (i) An area agency need not comply with the procurement provisions of this section
when it disburses public funds to [other] another governmental [entities] entity.
(ii) For purposes of this Subsection [(4)] (5)(c), "governmental entity" means any
political subdivision or institution of higher education of the state.
(d) (i) Contracts awarded by an area agency shall be for a:
(A) fixed amount; and
(B) limited period. [Contracts]
(ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in
available funding for the same contract purpose without competition.
[(5)] (6) Local area agencies shall comply with [all]:
(a) applicable state and federal:
(i) statutes[,];
(ii) policies[,]; and
(iii) audit requirements[,]; and [any]
(b) directives resulting from [those audits] an audit described in Subsection (6)(a)(iii).
Section 6. Section 62A-3-104.3 is enacted to read:
62A-3-104.3. Disbursal of public funds -- Background check of a personal care
attendant.
(1) For purposes of this section, "office" is as defined in Section 62A-2-101 .
(2) Subject to Subsection (4), public funds may not be disbursed to a personal care
attendant as payment for personal services rendered to an aged person or high risk adult, unless
the personal care attendant is approved by the office to have direct access and provide services to
children or vulnerable adults pursuant to Section 62A-2-120 .
(3) For purposes of Subsection (2), the office shall conduct a background check of a
personal care attendant:
(a) who desires to receive public funds as payment for the personal services described in

Subsection (2); and
(b) using the same procedures established for a background check of an applicant for an
initial license under Section 62A-2-120 .
(4) The background check and the approval determination described in this section shall
be conducted for a personal care attendant on an annual basis.
Section 7. Section 62A-4a-116.2 is amended to read:
62A-4a-116.2. Licensing Information System -- Contents -- Juvenile court finding --
Protected record -- Access -- Criminal penalty.
(1) (a) The division shall maintain a sub-part of the Management Information System
established pursuant to Section 62A-4a-116 , to be known as the Licensing Information System,
to be used [solely]:
(i) for licensing purposes[.]; or
(ii) as otherwise specifically provided for by law.
(b) The Licensing Information System shall include only the following information:
[(a)] (i) the information described in Subsections 62A-4a-116.1 (1)(a) and (6)(b);
[(b)] (ii) consented-to supported findings by alleged perpetrators under Subsection
62A-4a-116.1 (6)(a)(iii); and
[(c)] (iii) the information in the licensing part of the division's Management Information
System as of May 6, 2002.
(2) Notwithstanding Subsection (1), the department's access to information in the
Management Information System for the licensure and monitoring of foster parents is governed
by Sections 62A-4a-116 and 62A-2-121 .
(3) [The] (a) Subject to Subsection (3)(b), upon receipt of a finding from the juvenile
court under Section 78-3a-320 , the division shall:
(i) promptly amend the Licensing Information System[, upon receipt of a finding from
the juvenile court under Section 78-3a-320 ,]; and [shall enter the same]
(ii) enter the information in the Management Information System. [However,]
(b) Notwithstanding Subsection (3)(a), if a finding of unsubstantiated or without merit is

appealed, the supported finding shall not be amended until the appeal is concluded.
(4) (a) Information contained in the Licensing Information System is classified as a
protected record under Title 63, Chapter 2, Government Records Access and Management Act.
(b) Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government
Records Access and Management Act, the information contained in the Licensing Information
System may only be used or disclosed as specifically provided in this chapter and Section
62A-2-121 [and].
(c) The information described in Subsection (4)(b) is accessible only to:
[(a)] (i) the Office of Licensing within the department[,]:
(A) for licensing purposes [only]; or
(B) as otherwise specifically provided for by law;
[(b)] (ii) the division[, for the following purposes] to:
[(i) to] (A) screen a person at the request of the Office of the Guardian Ad Litem
Director[,]:
(I) at the time that person seeks a paid or voluntary position with the Office of the
Guardian Ad Litem Director; and
(II) each year [thereafter that] after the person described in Subsection (4)(c)(ii)(A)(I)
remains with that office; and
[(ii) to] (B) respond to a request for information from a person whose name is listed in
the Licensing Information System;
[(c)] (iii) two persons designated by and within the Department of Health, only for the
following purposes:
[(i)] (A) licensing a child care program or provider; or
[(ii)] (B) determining whether a person associated with a covered health care facility, as
defined by the Department of Health by rule, who provides direct care to a child, has a supported
finding of severe child abuse or neglect; and
[(d)] (iv) the department, as specifically provided in this chapter.
(5) The two persons designated by the Department of Health under Subsection (4)(c)(iii)

shall adopt measures to:
(a) protect the security of the Licensing Information System; and
(b) strictly limit access to the Licensing Information System to those persons designated
by statute.
(6) All persons designated by statute as having access to information contained in the
Licensing Information System shall receive training from the department with respect to:
(a) accessing the Licensing Information System;
(b) maintaining strict security; and
(c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
improper release of information.
(7) (a) No person, except those authorized by this chapter, may request another person to
obtain or release any other information in the Licensing Information System to screen for
potential perpetrators of child abuse or neglect.
(b) A person who requests information knowing that it is a violation of this Subsection
(7) to do so is subject to the criminal penalty described in Sections 62A-4a-412 and 63-2-801 .
Section 8. Section 78-3a-320 is amended to read:
78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
(1) Upon the filing with the court of a petition under Section 78-3a-305 by the Division
of Child and Family Services or any interested person informing the court, among other things,
that the division has made a supported finding of one or more of the severe types of child abuse
or neglect described in Subsection 62A-4a-116.1 (2), the court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The judicial finding under Subsection (1) shall be made:
(a) as part of [or] the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
[(b)] (c) as part of a court order entered pursuant to a written stipulation of the parties.

(3) (a) Any person described in Subsection 62A-4a-116.6 (1) may at any time file with
the court a petition for removal of the person's name from the Licensing Information System.
(b) At the conclusion of the hearing on the petition, the court shall:
[(a)] (i) make a finding of substantiated, unsubstantiated, or without merit;
[(b)] (ii) include the finding described in Subsection (1)(a) in a written order; and
[(c)] (iii) deliver a certified copy of the order described in Subsection (1)(b) to the
division.
(4) A proceeding for adjudication of a supported finding of a nonsevere type of abuse or
neglect under this section may be joined in the juvenile court with an adjudication of a severe
type of abuse or neglect.
(5) If a person whose name appears on the Licensing Information system prior to May 6,
2002 files a petition during the time that an alleged perpetrator's application for clearance to work
with children or vulnerable adults is pending, the court shall hear the matter and enter a final
decision no later than 60 days after the filing of the petition.
(6) For the purposes of licensing under Sections 26-21-9.5 , 26-39-105.5 , 62A-1-118 , and
for the purposes described in Section 62A-2-121 :
(a) the court shall make available records of its findings under Subsections (1) and (2) for
licensing purposes, only to those with statutory authority to access also the Licensing Information
System created under Section 62A-4a-116.2 ; and
(b) any appellate court shall make available court records of appeals from juvenile court
decisions under Subsections (1), (2), (3), and (4) for licensing purposes, only to those with
statutory authority to access also the Licensing Information System.
Section 9. Coordinating H.B. 64 and H.B. 79.
If this H.B. 64 and H.B. 79, Provisions of Services for People with Disabilities, both pass,
it is the intent of the Legislature that the Office of Legislative Research and General Counsel
shall prepare the Utah Code database for publication as follows:
(1) combine the amendments made by this bill and H.B. 79 to Section 62A-2-121 so that
Section 62A-2-121 reads as follows:

" 62A-2-121. Access to abuse and neglect information.
(1) For purposes of this section:
(a) "direct service worker" is as defined in Section 62A-5-101 ; and
(b) "personal care attendant" is as defined in Section 62A-3-101 .
[(1)] (2) With respect to a human services [licensees] licensee, a direct service worker, or
a personal care attendant, the department may access only the Licensing Information System of
the Division of Child and Family Services created by Section 62A-4a-116.2 and juvenile court
records under Subsection 78-3a-320 [(4)](6), for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
children[,]:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
[(b)] (ii) informing a licensee that a person associated with the licensee:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2)[.];
(b) (i) determining whether a direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); or
(c) (i) determining whether a personal care attendant:
(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
(ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2).
[(2)] (3) Notwithstanding Subsection [(1)] (2), the department may access the Division of
Child and Family Service's Management Information System under Section 62A-4a-116 for the
purpose of licensing and monitoring foster parents.
[(3)] (4) After receiving identifying information for a person under Subsection
62A-2-120 (1), the department shall process the information for the purposes described in
Subsection [(1)] (2).
[(4)] (5) The department shall adopt rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under
which a person [who has] may have direct access or provide services to children [and who]
when:
(a) the person is listed in the Licensing Information System of the Division of Child and
Family Services created by Section 62A-4a-116.2 ; or [has]
(b) juvenile court records show that a court made a substantiated finding [by a court of]
under Section 78-3a-320 , that the person committed a severe type of child abuse or neglect
[under Subsections 78-3a-320 (1) and (2) may provide services to children]." ; and
(2) combine the amendments made by this bill and H.B. 79 to Section 62A-2-122 so that
Section 62A-2-122 reads as follows:
" 62A-2-122. Access to vulnerable adult abuse and neglect information.
(1) For purposes of this section:
(a) "direct service worker" is as defined in Section 62A-5-101 ; and
(b) "personal care attendant" is as defined in Section 62A-3-101 .

[(1)] (2) With respect to a human services [licensees] licensee, a direct service worker, or
a personal care attendant, the department may access the data base created by Section
62A-3-311.1 for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
vulnerable adults, has a substantiated finding of:
(A) abuse[,];
(B) neglect[,]; or
(C) exploitation; and
[(b)] (ii) informing a licensee that a person associated with the licensee has a
substantiated finding of:
(A) abuse[,];
(B) neglect[,]; or
(C) exploitation[.];
(b) (i) determining whether a direct service worker has a substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker has a substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; or
(c) (i) determining whether a personal care attendant has a substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
personal care attendant has a substantiated finding of:

(A) abuse;
(B) neglect; or
(C) exploitation;
[(2)] (3) After receiving identifying information for a person under Subsection
62A-2-120 (1), the department shall process the information for the purposes described in
Subsection [(1)] (2).
[(3)] (4) The department shall adopt rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, consistent with this chapter and consistent with Section
62A-3-311.1 , defining the circumstances under which a person [who has] may have direct access
or provide services to vulnerable adults [and who has a substantiated finding of abuse, neglect, or
exploitation may provide services to vulnerable adults] when the person is listed in the statewide
database of the Division of Aging and Adult Services created by Section 62A-3-311.1 as having
a substantiated finding of abuse, neglect, or exploitation."
Section 10. Coordinating H.B. 64 and S.B. 107.
If this H.B. 64 and S.B. 107, Licensure and Regulation of Programs and Facilities, both
pass, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel shall prepare the Utah Code database for publication as follows:
(1) combine the amendments made by this bill and S.B. 107 to Section 62A-2-121 so that
Section 62A-2-121 reads as follows:
" 62A-2-121. Access to abuse and neglect information.
(1) For purposes of this section "personal care attendant" is as defined in Section
62A-5-101 .
[(1)] (2) With respect to [human services licensees] a licensee, a certified local inspector
applicant, or a personal care attendant, the department may access only the Licensing Information
System of the Division of Child and Family Services created by Section 62A-4a-116.2 and
juvenile court records under Subsection 78-3a-320 [(4)](6), for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
children[,]:

(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
[(b)] (ii) informing a licensee that a person associated with the licensee:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2)[.];
(b) (i) determining whether a certified local inspector applicant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
(ii) informing a local government that a certified local inspector applicant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); or
(c) (i) determining whether a personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2); and
(ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 78-3a-320 (1) and (2).
[(2)] (3) Notwithstanding Subsection [(1)] (2), the department may access the Division of
Child and Family Service's Management Information System under Section 62A-4a-116 for the
purpose of licensing and monitoring foster parents.
[(3)] (4) After receiving identifying information for a person under Subsection

62A-2-120 (1), the department shall process the information for the purposes described in
Subsection [(1)] (2).
[(4)] (5) The department shall adopt rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under
which a person [who has] may have direct access or provide services to children [and who]
when:
(a) the person is listed in the Licensing Information System of the Division of Child and
Family Services created by Section 62A-4a-116.2 ; or [has]
(b) juvenile court records show that a court made a substantiated finding [by a court of]
under Section 78-3a-320 , that the person committed a severe type of child abuse or neglect
[under Subsections 78-3a-320 (1) and (2) may provide services to children]." ; and
(2) combine the amendments made by this bill and S.B. 107 to Section 62A-2-122 so
that Section 62A-2-122 reads as follows:
" 62A-2-122. Access to vulnerable adult abuse and neglect information.
(1) For purposes of this section "personal care attendant" is as defined in Section
62A-3-101 .
[(1)] (2) With respect to [human services licensees] a licensee, a certified local inspector
applicant, or a personal care attendant, the department may access the data base created by
Section 62A-3-311.1 for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
vulnerable adults, has a substantiated finding of:
(A) abuse[,];
(B) neglect[,]; or
(C) exploitation; and
[(b)] (ii) informing a licensee that a person associated with the licensee has a
substantiated finding of:
(A) abuse[,];
(B) neglect[,]; or

(C) exploitation[.];
(b) (i) determining whether a certified local inspector applicant has a substantiated
finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a local government that a certified local inspector applicant has a
substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; or
(c) (i) determining whether a personal care attendant has a substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
personal care attendant has a substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation.
[(2)] (3) After receiving identifying information for a person under Subsection
62A-2-120 (1), the department shall process the information for the purposes described in
Subsection [(1)] (2).
[(3)] (4) The department shall adopt rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, consistent with this chapter and consistent with Section
62A-3-311.1 , defining the circumstances under which a person [who has] may have direct access
or provide services to vulnerable adults [and who has a substantiated finding of abuse, neglect, or
exploitation may provide services to vulnerable adults] when the person is listed in the statewide

database of the Division of Aging and Adult Services created by Section 62A-3-311.1 as having
a substantiated finding of abuse, neglect, or exploitation."