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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the Department of Human Services' background
10 check procedures.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ permits the Department of Human Services to conduct criminal background
15 screening of employees and volunteers;
16 ▸ amends provisions relating to when the Office of Licensing (the office) shall
17 conduct a background check;
18 ▸ requires each applicant 18 years of age or older to submit fingerprints to the office
19 for a national criminal history search;
20 ▸ clarifies which databases the office must search to conduct a background check;
21 ▸ provides that the office may submit an applicant's personal identifying information
22 to the Bureau of Criminal Identification (the Bureau) within the Department of
23 Public Safety for retention, monitoring, and notification of new criminal activity
24 associated with an applicant;
25 ▸ requires the office to conduct a comprehensive review of an applicant's background
26 check if the applicant has a record of an adjudication in juvenile court for an act
27 that, if committed by an adult, would be a felony or misdemeanor;
28 ▸ provides that the office may conditionally approve an applicant, other than a
29 prospective foster or adoptive parent, without the applicant being directly
30 supervised, pending the results of a national criminal history search; and
31 ▸ makes technical and conforming changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 53-10-108, as last amended by Laws of Utah 2014, Chapters 79 and 377
39 62A-1-118, as last amended by Laws of Utah 2008, Chapter 382
40 62A-2-101, as last amended by Laws of Utah 2014, Chapter 240
41 62A-2-121, as last amended by Laws of Utah 2009, Chapter 75
42 62A-2-122, as last amended by Laws of Utah 2011, Chapter 366
43 62A-3-104.3, as enacted by Laws of Utah 2005, Chapter 107
44 62A-4a-209, as last amended by Laws of Utah 2013, Chapter 416
45 62A-5-103.5, as last amended by Laws of Utah 2013, Chapter 448
46 78A-6-209, as last amended by Laws of Utah 2012, Chapter 328
47 78A-6-323, as last amended by Laws of Utah 2012, Chapter 328
48 REPEALS AND REENACTS:
49 62A-2-120, as last amended by Laws of Utah 2012, Chapters 293 and 302
50 REPEALS:
51 62A-2-120.5, as last amended by Laws of Utah 2013, Chapter 468
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 53-10-108 is amended to read:
55 53-10-108. Restrictions on access, use, and contents of division records -- Limited
56 use of records for employment purposes -- Challenging accuracy of records -- Usage fees
57 -- Missing children records -- Penalty for misuse of records.
58 (1) Dissemination of information from a criminal history record or warrant of arrest
59 information from division files is limited to:
60 (a) criminal justice agencies for purposes of administration of criminal justice and for
61 employment screening by criminal justice agencies;
62 (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
63 executive order, court rule, court order, or local ordinance;
64 (c) agencies or individuals for the purpose of obtaining required clearances connected
65 with foreign travel or obtaining citizenship;
66 (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
67 agency to provide services required for the administration of criminal justice; and
68 (ii) the agreement shall specifically authorize access to data, limit the use of the data to
69 purposes for which given, and ensure the security and confidentiality of the data;
70 (e) agencies or individuals for the purpose of a preplacement adoptive study, in
71 accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
72 (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
73 of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
74 agency; and
75 (ii) private security agencies through guidelines established by the commissioner for
76 employment background checks for their own employees and prospective employees;
77 (g) a qualifying entity for employment background checks for their own employees and
78 persons who have applied for employment with the qualifying entity; and
79 (h) other agencies and individuals as the commissioner authorizes and finds necessary
80 for protection of life and property and for offender identification, apprehension, and
81 prosecution pursuant to an agreement.
82 (2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access
83 to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
84 anonymity of individuals to whom the information relates, and ensure the confidentiality and
85 security of the data.
86 (3) (a) Before requesting information under Subsection (1)(g), a qualifying entity must
87 obtain a signed waiver from the person whose information is requested.
88 (b) The waiver must notify the signee:
89 (i) that a criminal history background check will be conducted;
90 (ii) who will see the information; and
91 (iii) how the information will be used.
92 (c) Information received by a qualifying entity under Subsection (1)(g) may only be:
93 (i) available to persons involved in the hiring or background investigation of the
94 employee; and
95 (ii) used for the purpose of assisting in making an employment or promotion decision.
96 (d) A person who disseminates or uses information obtained from the division under
97 Subsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition to
98 any penalties provided under this section, is subject to civil liability.
99 (e) A qualifying entity that obtains information under Subsection (1)(g) shall provide
100 the employee or employment applicant an opportunity to:
101 (i) review the information received as provided under Subsection (8); and
102 (ii) respond to any information received.
103 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
104 division may make rules to implement this Subsection (3).
105 (g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $20.
106 (ii) The name check fee under Subsection (1)(g) is $15.
107 (iii) These fees remain in effect until changed by the division through the process under
108 Section 63J-1-504.
109 (iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be
110 deposited in the General Fund as a dedicated credit by the department to cover the costs
111 incurred in providing the information.
112 (h) The division or its employees are not liable for defamation, invasion of privacy,
113 negligence, or any other claim in connection with the contents of information disseminated
114 under Subsection (1)(g).
115 (4) (a) Any criminal history record information obtained from division files may be
116 used only for the purposes for which it was provided and may not be further disseminated,
117 except under Subsection (4)(b), (c), or (d).
118 (b) A criminal history provided to an agency pursuant to Subsection (1)(e) may be
119 provided by the agency to the person who is the subject of the history, another licensed
120 child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
121 adoption.
122 (c) A criminal history of a defendant provided to a criminal justice agency under
123 Subsection (1)(a) may also be provided by the prosecutor to a defendant's defense counsel,
124 upon request during the discovery process, for the purpose of establishing a defense in a
125 criminal case.
126 (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
127 Transit District Act, that is under contract with a state agency to provide services may, for the
128 purposes of complying with Subsection 62A-5-103.5[
129 to the state agency or the agency's designee.
130 (5) The division may not disseminate criminal history record information to qualifying
131 entities under Subsection (1)(g) regarding employment background checks if the information is
132 related to charges:
133 (a) that have been declined for prosecution;
134 (b) that have been dismissed; or
135 (c) regarding which a person has been acquitted.
136 (6) (a) This section does not preclude the use of the division's central computing
137 facilities for the storage and retrieval of criminal history record information.
138 (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
139 unauthorized agencies or individuals.
140 (7) Direct access through remote computer terminals to criminal history record
141 information in the division's files is limited to those agencies authorized by the commissioner
142 under procedures designed to prevent unauthorized access to this information.
143 (8) (a) The commissioner shall establish procedures to allow an individual right of
144 access to review and receive a copy of the individual's criminal history report.
145 (b) A processing fee for the right of access service, including obtaining a copy of the
146 individual's criminal history report under Subsection (8)(a) is $15. This fee remains in effect
147 until changed by the commissioner through the process under Section 63J-1-504.
148 (c) (i) The commissioner shall establish procedures for an individual to challenge the
149 completeness and accuracy of criminal history record information contained in the division's
150 computerized criminal history files regarding that individual.
151 (ii) These procedures shall include provisions for amending any information found to
152 be inaccurate or incomplete.
153 (9) The private security agencies as provided in Subsection (1)(f)(ii):
154 (a) shall be charged for access; and
155 (b) shall be registered with the division according to rules made by the division under
156 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
157 (10) Before providing information requested under this section, the division shall give
158 priority to criminal justice agencies needs.
159 (11) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
160 use, disclose, or disseminate a record created, maintained, or to which access is granted by the
161 division or any information contained in a record created, maintained, or to which access is
162 granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
163 policy of a governmental entity.
164 (b) A person who discovers or becomes aware of any unauthorized use of records
165 created or maintained, or to which access is granted by the division shall inform the
166 commissioner and the director of the Utah Bureau of Criminal Identification of the
167 unauthorized use.
168 Section 2. Section 62A-1-118 is amended to read:
169 62A-1-118. Access to abuse and neglect information to screen employees and
170 volunteers.
171 (1) The department may conduct a background check, pursuant to Subsections
172 62A-2-120(1) through (4), of department employees and volunteers who have direct access, as
173 defined in Section 62A-2-101, to a child or a vulnerable adult.
174 (2) In addition to conducting a background check described in Subsection (1), and
175 subject to the requirements of this section, the department may search the Division of Child
176 and Family Services' Management Information System described in Section 62A-4a-1003.
177 [
178 only access information in the systems and databases described in Subsection 62A-2-120(3)
179 and in the Division of Child and Family [
180 [
181
182 year thereafter whether a department employee or volunteer has a criminal history, an
183 adjudication of abuse or neglect, or, since January 1, 1994, a substantiated or supported finding
184 of abuse [
185 with Title 63G, Chapter 4, Administrative Procedures Act, but only if a criminal history or
186 identification as a possible perpetrator of abuse or neglect is directly relevant to the
187 employment or volunteer activities of that person.
188 [
189 submit to the department the employee or volunteer's name [
190 information [
191 department.
192 [
193
194 [
195 Chapter 3, Utah Administrative Rulemaking Act, defining permissible and impermissible
196 work-related activities for a department employee or volunteer with a criminal history or with
197 one or more substantiated or supported findings of abuse [
198 Section 3. Section 62A-2-101 is amended to read:
199 62A-2-101. Definitions.
200 As used in this chapter:
201 (1) "Adult day care" means nonresidential care and supervision:
202 (a) for three or more adults for at least four but less than 24 hours a day; and
203 (b) that meets the needs of functionally impaired adults through a comprehensive
204 program that provides a variety of health, social, recreational, and related support services in a
205 protective setting.
206 (2) "Applicant" means:
207 (a) a person who applies for an initial license or a license renewal under this chapter;
208 (b) an individual who:
209 (i) is associated with the licensee; and
210 (ii) has direct access to a child or a vulnerable adult;
211 (c) an individual who is 12 years of age or older, other than the child or vulnerable
212 adult who is receiving the service, who resides in a residence with the child or vulnerable adult
213 who is receiving services from the person described in Subsection (2)(a) or (b), if the child or
214 vulnerable adult is not receiving services in the child's or vulnerable adult's own residence; or
215 (d) an individual who provides respite care to a foster parent or an adoptive parent on
216 more than one occasion.
217 (3) (a) "Associated with the licensee" means that an individual is:
218 (i) affiliated with a licensee as an owner, director, member of the governing body,
219 employee, agent, provider of care, or volunteer; or
220 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
221 (3)(a)(i).
222 (b) "Associated with the licensee" does not include:
223 (i) service on the following bodies, unless that service includes direct access to a child
224 or a vulnerable adult:
225 (A) a local mental health authority described in Section 17-43-301;
226 (B) a local substance abuse authority described in Section 17-43-201; or
227 (C) a board of an organization operating under a contract to provide mental health or
228 substance abuse programs, or services for the local mental health authority or substance abuse
229 authority; or
230 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
231 by the licensee at all times.
232 [
233 (i) uses a regionally accredited education program;
234 (ii) provides a residence to the school's students:
235 (A) for the purpose of enabling the school's students to attend classes at the school; and
236 (B) as an ancillary service to educating the students at the school;
237 (iii) has the primary purpose of providing the school's students with an education, as
238 defined in Subsection [
239 (iv) (A) does not provide the treatment or services described in Subsection [
240 (28)(a); or
241 (B) provides the treatment or services described in Subsection [
242 limited basis, as described in Subsection [
243 (b) (i) For purposes of Subsection [
244 for one or more of grades kindergarten through 12th grade.
245 (ii) For purposes of Subsection [
246 treatment or services described in Subsection [
247 (A) the treatment or services described in Subsection [
248 as an incidental service to a student; and
249 (B) the school does not:
250 (I) specifically solicit a student for the purpose of providing the treatment or services
251 described in Subsection [
252 (II) have a primary purpose of providing the treatment or services described in
253 Subsection [
254 (c) "Boarding school" does not include a therapeutic school.
255 [
256 [
257 any child, temporarily or permanently, for the purpose of:
258 (a) finding a person to adopt the child;
259 (b) placing the child in a home for adoption; or
260 (c) foster home placement.
261 [
262 licensee.
263 [
264 (a) a client less than 24 hours a day; and
265 (b) four or more persons who:
266 (i) are unrelated to the owner or provider; and
267 (ii) have emotional, psychological, developmental, physical, or behavioral
268 dysfunctions, impairments, or chemical dependencies.
269 [
270 [
271 (a) contact with or access to a child or vulnerable adult that provides the individual
272 with an opportunity for personal communication or touch[
273 (b) an opportunity to view medical, financial, or other confidential personal identifying
274 information of the child, the child's parents or legal guardians, or the vulnerable adult.
275 (11) "Directly supervised" means that an individual is being supervised under the
276 uninterrupted visual and auditory surveillance of another individual.
277 [
278 [
279 Section 77-36-1.
280 [
281 designed to provide psychological treatment and educational services to perpetrators and
282 victims of domestic violence.
283 [
284 [
285 [
286 care of:
287 (a) fewer than four foster children in the home of a licensed or certified foster parent;
288 or
289 (b) four or more children in the home of a licensed or certified foster parent if the
290 children are siblings.
291 [
292 (i) foster home;
293 (ii) therapeutic school;
294 (iii) youth program;
295 (iv) resource family home;
296 (v) recovery residence; or
297 (vi) facility or program that provides:
298 (A) secure treatment;
299 (B) inpatient treatment;
300 (C) residential treatment;
301 (D) residential support;
302 (E) adult day care;
303 (F) day treatment;
304 (G) outpatient treatment;
305 (H) domestic violence treatment;
306 (I) child placing services;
307 (J) social detoxification; or
308 (K) any other human services that are required by contract with the department to be
309 licensed with the department.
310 (b) "Human services program" does not include a boarding school.
311 [
312 licensed by the office.
313 [
314 (a) city; or
315 (b) county.
316 [
317 [
318 Services.
319 [
320 counseling designed to improve and enhance social or psychological functioning for those
321 whose physical and emotional status allows them to continue functioning in their usual living
322 environment.
323 [
324 [
325
326 [
327
328 [
329
330
331 [
332 [
333 [
334 [
335 [
336 [
337
338 [
339 treatment or residential support program, that meets at least two of the following requirements:
340 (a) provides a supervised living environment for individuals recovering from a
341 substance abuse disorder;
342 (b) requires more than half of the individuals in the residence to be recovering from a
343 substance abuse disorder;
344 (c) provides or arranges for residents to receive services related to their recovery from a
345 substance abuse disorder, either on or off site;
346 (d) holds the home or facility out as being a recovery residence; or
347 (e) (i) receives public funding; or
348 (ii) runs the home or facility as a commercial venture for financial gain.
349 [
350 (a) the hours during which services of any kind are provided to a client; or
351 (b) the hours during which a client is present at the facility of a licensee.
352 [
353 life as a protective service to individuals or families who have a disability or who are
354 experiencing a dislocation or emergency that prevents them from providing these services for
355 themselves or their families.
356 (b) "Residential support" includes providing a supervised living environment for
357 persons with dysfunctions or impairments that are:
358 (i) emotional;
359 (ii) psychological;
360 (iii) developmental; or
361 (iv) behavioral.
362 (c) Treatment is not a necessary component of residential support.
363 (d) "Residential support" does not include:
364 (i) a recovery residence; or
365 (ii) residential services that are performed:
366 (A) exclusively under contract with the Division of Services for People with
367 Disabilities; or
368 (B) in a facility that serves fewer than four individuals.
369 [
370 four or more individuals unrelated to the owner or provider that offers room or board and
371 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
372 habilitation services for persons with emotional, psychological, developmental, or behavioral
373 dysfunctions, impairments, or chemical dependencies.
374 (b) "Residential treatment" does not include a:
375 (i) boarding school;
376 (ii) foster home; or
377 (iii) recovery residence.
378 [
379 provides:
380 (a) residential treatment; or
381 (b) secure treatment.
382 [
383 care for persons whose current functioning is such that they cannot live independently or in a
384 less restrictive environment.
385 (b) "Secure treatment" differs from residential treatment to the extent that it requires
386 intensive supervision, locked doors, and other security measures that are imposed on residents
387 with neither their consent nor control.
388 [
389 who are experiencing or have recently experienced drug or alcohol intoxication, that are
390 provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
391 Facility Licensing and Inspection Act, and that include:
392 (a) room and board for persons who are unrelated to the owner or manager of the
393 facility;
394 (b) specialized rehabilitation to acquire sobriety; and
395 (c) aftercare services.
396 [
397 (a) designed to provide:
398 (i) specialized drug or alcohol treatment;
399 (ii) rehabilitation; or
400 (iii) habilitation services; and
401 (b) that provides the treatment or services described in Subsection [
402 persons with:
403 (i) a diagnosed substance abuse disorder; or
404 (ii) chemical dependency disorder.
405 [
406 (a) for four or more individuals that are not related to:
407 (i) the owner of the facility; or
408 (ii) the primary service provider of the facility;
409 (b) that serves students who have a history of failing to function:
410 (i) at home;
411 (ii) in a public school; or
412 (iii) in a nonresidential private school; and
413 (c) that offers:
414 (i) room and board; and
415 (ii) an academic education integrated with:
416 (A) specialized structure and supervision; or
417 (B) services or treatment related to:
418 (I) a disability;
419 (II) emotional development;
420 (III) behavioral development;
421 (IV) familial development; or
422 (V) social development.
423 [
424 grandparents, brothers, sisters, uncles, or aunts.
425 [
426 permanent mental or physical impairment that substantially affects the person's ability to:
427 (a) provide personal protection;
428 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
429 (c) obtain services necessary for health, safety, or welfare;
430 (d) carry out the activities of daily living;
431 (e) manage the adult's own resources; or
432 (f) comprehend the nature and consequences of remaining in a situation of abuse,
433 neglect, or exploitation.
434 [
435 behavioral, substance abuse, or mental health services to minors that:
436 (i) serves adjudicated or nonadjudicated youth;
437 (ii) charges a fee for its services;
438 (iii) may or may not provide host homes or other arrangements for overnight
439 accommodation of the youth;
440 (iv) may or may not provide all or part of its services in the outdoors;
441 (v) may or may not limit or censor access to parents or guardians; and
442 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
443 minor's own free will.
444 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
445 Scouts, 4-H, and other such organizations.
446 Section 4. Section 62A-2-120 is repealed and reenacted to read:
447 62A-2-120. Background check -- Direct access to children or vulnerable adults.
448 (1) As used in this section:
449 (a) "Bureau" means the Bureau of Criminal Identification within the Department of
450 Public Safety, created in Section 53-10-201.
451 (b) "Personal identifying information" means:
452 (i) current name, former names, nicknames, and aliases;
453 (ii) date of birth;
454 (iii) physical address and email address;
455 (iv) telephone number;
456 (v) driver license number or other government-issued identification number;
457 (vi) Social Security number;
458 (vii) fingerprints, except for applicants under the age of 18, in a form specified by the
459 office; and
460 (viii) other information specified by the office by rule made in accordance with Title
461 63G, Chapter 3, Utah Administrative Rulemaking Act.
462 (2) (a) Except as provided in Subsection (13), an applicant shall submit the following
463 to the office:
464 (i) personal identifying information;
465 (ii) a fee established by the office under Section 63J-1-504; and
466 (iii) a form, specified by the office, for consent for:
467 (A) an initial background check upon submission of the information described under
468 Subsection (2)(a);
469 (B) a background check at the applicant's annual renewal;
470 (C) a background check when the office determines that reasonable cause exists; and
471 (D) retention of personal identifying information, including fingerprints, for
472 monitoring and notification as described in Subsections (3)(d) and (4).
473 (b) In addition to the requirements described in Subsection (2)(a), if an applicant spent
474 time outside of the United States and its territories during the five years immediately preceding
475 the day on which the information described in Subsection (2)(a) is submitted to the office, the
476 office may require the applicant to submit documentation establishing whether the applicant
477 was convicted of a crime during the time that the applicant spent outside of the United States or
478 its territories.
479 (3) The office:
480 (a) shall perform the following duties as part of a background check of an applicant:
481 (i) check state and regional criminal background databases for the applicant's criminal
482 history by:
483 (A) submitting personal identifying information to the Bureau for a search; or
484 (B) using the applicant's personal identifying information to search state and regional
485 criminal background databases as authorized under Section 53-10-108;
486 (ii) submit the applicant's personal identifying information and fingerprints to the
487 Bureau for a criminal history search of applicable national criminal background databases;
488 (iii) search the Department of Human Services, Division of Child and Family Services'
489 Licensing Information System described in Section 62A-4a-1006;
490 (iv) search the Department of Human Services, Division of Aging and Adult Services'
491 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
492 (v) search the juvenile court records for substantiated findings of severe child abuse or
493 neglect described in Section 78A-6-323; and
494 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
495 under Section 78A-6-209;
496 (b) shall conduct a background check of an applicant for an initial background check
497 upon submission of the information described under Subsection (2)(a);
498 (c) may conduct all or portions of a background check of an applicant, as provided by
499 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
500 Rulemaking Act:
501 (i) for an annual renewal; or
502 (ii) when the office determines that reasonable cause exists;
503 (d) may submit an applicant's personal identifying information, including fingerprints,
504 to the Bureau for checking, retaining, and monitoring of state and national criminal background
505 databases and for notifying the office of new criminal activity associated with the applicant;
506 (e) shall track the status of an approved applicant under this section to ensure that an
507 approved applicant who applies for more than one license or for direct access to a child or a
508 vulnerable adult in more than one human services program is not required to duplicate the
509 submission of the applicant's fingerprints;
510 (f) shall track the status of each license and each individual with direct access to a child
511 or a vulnerable adult and notify the Bureau when the license has expired or the individual's
512 direct access to a child or a vulnerable adult has ceased;
513 (g) shall adopt measures to strictly limit access to personal identifying information
514 solely to the office employees responsible for processing the applications for background
515 checks and to protect the security of the personal identifying information the office reviews
516 under this Subsection (3); and
517 (h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
518 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
519 checks.
520 (4) (a) With the personal identifying information the office submits to the Bureau
521 under Subsection (3), the Bureau shall check against state and regional criminal background
522 databases for the applicant's criminal history.
523 (b) With the personal identifying information and fingerprints the office submits to the
524 Bureau under Subsection (3), the Bureau shall check against national criminal background
525 databases for the applicant's criminal history.
526 (c) Upon direction from the office, and with the personal identifying information and
527 fingerprints the office submits to the Bureau under Subsection (3)(d), the Bureau shall:
528 (i) maintain a separate file of the fingerprints for search by future submissions to the
529 local and regional criminal records databases, including latent prints; and
530 (ii) monitor state and regional criminal background databases and identify criminal
531 activity associated with the applicant.
532 (d) The Bureau is authorized to submit the fingerprints to the Federal Bureau of
533 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
534 Investigation Next Generation Identification System for the purpose of:
535 (i) being searched by future submissions to the national criminal records databases,
536 including the Federal Bureau of Investigation Next Generation Identification System and latent
537 prints; and
538 (ii) monitoring national criminal background databases and identifying criminal
539 activity associated with the applicant.
540 (e) The Bureau shall notify and release to the office all information of criminal activity
541 associated with the applicant.
542 (f) Upon notice from the office that a license has expired or an individual's direct
543 access to a child or a vulnerable adult has ceased, the Bureau shall:
544 (i) discard and destroy any retained fingerprints; and
545 (ii) notify the Federal Bureau of Investigation when the license has expired or an
546 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
547 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
548 Investigation Next Generation Identification System.
549 (5) (a) After conducting the background check described in Subsections (3) and (4), the
550 office shall deny an application to an applicant who, within 10 years before the day on which
551 the applicant submits information to the office under Subsection (2) for a background check,
552 has been convicted of any of the following, regardless of whether the offense is a felony, a
553 misdemeanor, or an infraction:
554 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
555 animals, or bestiality;
556 (ii) a violation of any pornography law, including sexual exploitation of a minor;
557 (iii) prostitution;
558 (iv) an offense included in:
559 (A) Title 76, Chapter 5, Offenses Against the Person;
560 (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
561 (C) Title 76, Chapter 7, Offenses Against the Family;
562 (v) aggravated arson, as described in Section 76-6-103;
563 (vi) aggravated burglary, as described in Section 76-6-203;
564 (vii) aggravated robbery, as described in Section 76-6-302;
565 (viii) identity fraud crime, as described in Section 76-6-1102; or
566 (ix) a conviction for a felony or misdemeanor offense committed outside of the state
567 that, if committed in the state, would constitute a violation of an offense described in
568 Subsections (5)(a)(i) through (viii).
569 (b) If the office denies an application to an applicant based on a conviction described in
570 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
571 Subsection (6).
572 (6) (a) The office shall conduct a comprehensive review of an applicant's background
573 check if the applicant has:
574 (i) a conviction for any felony offense, not described in Subsection (5)(a), regardless of
575 the date of the conviction;
576 (ii) a conviction for a misdemeanor offense, not described in Subsection (5)(a), and
577 designated by the office, by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
578 Rulemaking Act, if the conviction is within five years before the day on which the applicant
579 submits information to the office under Subsection (2) for a background check;
580 (iii) a conviction for any offense described in Subsection (5)(a) that occurred more than
581 10 years before the day on which the applicant submitted information under Subsection (2)(a);
582 (iv) pleaded no contest to or is currently subject to a plea in abeyance or diversion
583 agreement for any offense described in Subsection (5)(a);
584 (v) a listing in the Department of Human Services, Division of Child and Family
585 Services' Licensing Information System described in Section 62A-4a-1006;
586 (vi) a listing in the Department of Human Services, Division of Aging and Adult
587 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
588 62A-3-311.1;
589 (vii) a record in the juvenile court of a substantiated finding of severe child abuse or
590 neglect described in Section 78A-6-323; or
591 (viii) a record of an adjudication in juvenile court for an act that, if committed by an
592 adult, would be a felony or misdemeanor, if the applicant is:
593 (A) under 28 years of age; or
594 (B) 28 years of age or older and has been convicted of, has pleaded no contest to, or is
595 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
596 offense described in Subsection (5)(a).
597 (b) The comprehensive review described in Subsection (6)(a) shall include an
598 examination of:
599 (i) the date of the offense or incident;
600 (ii) the nature and seriousness of the offense or incident;
601 (iii) the circumstances under which the offense or incident occurred;
602 (iv) the age of the perpetrator when the offense or incident occurred;
603 (v) whether the offense or incident was an isolated or repeated incident;
604 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
605 adult, including:
606 (A) actual or threatened, nonaccidental physical or mental harm;
607 (B) sexual abuse;
608 (C) sexual exploitation; or
609 (D) negligent treatment;
610 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
611 treatment received, or additional academic or vocational schooling completed; and
612 (viii) any other pertinent information.
613 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
614 office shall deny an application to an applicant if the office finds that approval would likely
615 create a risk of harm to a child or a vulnerable adult.
616 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
617 office may make rules, consistent with this chapter, to establish procedures for the
618 comprehensive review described in this Subsection (6).
619 (7) Subject to Subsection (10), the office shall approve an application to an applicant
620 who is not denied under Subsection (5), (6), or (13).
621 (8) (a) The office may conditionally approve an application of an applicant, for a
622 maximum of 60 days after the day on which the office sends written notice to the applicant
623 under Subsection (11), without requiring that the applicant be directly supervised, if the office:
624 (i) is awaiting the results of the criminal history search of national criminal background
625 databases; and
626 (ii) would otherwise approve an application of the applicant under Subsection (7).
627 (b) Upon receiving the results of the criminal history search of national criminal
628 background databases, the office shall approve or deny the application of the applicant in
629 accordance with Subsections (5) through (7).
630 (9) A licensee may not permit an individual to have direct access to a child or a
631 vulnerable adult unless, subject to Subsection (10), the individual is:
632 (a) associated with the licensee and:
633 (i) the individual's application is approved by the office under this section;
634 (ii) the individual's application is conditionally approved by the office under
635 Subsection (8); or
636 (iii) (A) the individual has submitted the background check information described in
637 Subsection (2) to the office;
638 (B) the office has not determined whether to approve the applicant's application; and
639 (C) the individual is directly supervised by an individual who is licensed by the office
640 under this section and is associated with the licensee;
641 (b) (i) not associated with the licensee; and
642 (ii) directly supervised by an individual who is licensed by the office under this section
643 and is associated with the licensee;
644 (c) the parent or guardian of the child or the guardian of the vulnerable adult; or
645 (d) an individual approved by the parent or guardian of the child or the guardian of the
646 vulnerable adult to have direct access to the child or the vulnerable adult.
647 (10) An individual may not have direct access to a child or a vulnerable adult if the
648 individual is prohibited by court order from having that access.
649 (11) (a) Within 30 days after the day on which the office receives the background
650 check information for an applicant, the office shall give written notice to the applicant of:
651 (i) the office's decision regarding its background check and findings; and
652 (ii) a list of any convictions found in the search.
653 (b) With the notice described in Subsection (11)(a), the office shall also give the
654 applicant the details of any comprehensive review conducted under Subsection (6).
655 (c) If the notice under Subsection (11)(a) states that the applicant's application is
656 denied, the notice shall further advise the applicant that the applicant may, under Subsection
657 62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
658 challenge the office's decision.
659 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
660 office shall make rules, consistent with this chapter:
661 (i) defining procedures for the challenge of its background check decision described in
662 Subsection (11)(c); and
663 (ii) expediting the process for renewal of a license under the requirements of this
664 section and other applicable sections.
665 (12) This section does not apply to an applicant for an initial license, or license
666 renewal, to operate a substance abuse program that provides services to adults only.
667 (13) (a) Except as provided in Subsection (13)(b), in addition to the other requirements
668 of this section, if the background check of an applicant is being conducted for the purpose of
669 licensing a prospective foster home or approving a prospective adoptive placement of a child in
670 state custody, the office shall:
671 (i) check the child abuse and neglect registry in each state where each applicant resided
672 in the five years immediately preceding the day on which the applicant applied to be a foster
673 parent or adoptive parent, to determine whether the prospective foster parent or prospective
674 adoptive parent is listed in the registry as having a substantiated or supported finding of child
675 abuse or neglect; and
676 (ii) check the child abuse and neglect registry in each state where each adult living in
677 the home of the applicant described in Subsection (13)(a)(i) resided in the five years
678 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
679 parent, to determine whether the adult is listed in the registry as having a substantiated or
680 supported finding of child abuse or neglect.
681 (b) The requirements described in Subsection (13)(a) do not apply to the extent that:
682 (i) federal law or rule permits otherwise; or
683 (ii) the requirements would prohibit the Division of Child and Family Services or a
684 court from placing a child with:
685 (A) a noncustodial parent under Section 62A-4a-209, 78A-6-307, or 78A-6-307.5; or
686 (B) a relative, other than a noncustodial parent, under Section 62A-4a-209, 78A-6-307,
687 or 78A-6-307.5, pending completion of the background check described in Subsection (5).
688 (c) Notwithstanding Subsections (5) through (9), the office shall deny a license or a
689 license renewal to a prospective foster parent or a prospective adoptive parent if the applicant
690 has been convicted of:
691 (i) a felony involving conduct that constitutes any of the following:
692 (A) child abuse, as described in Section 76-5-109;
693 (B) commission of domestic violence in the presence of a child, as described in Section
694 76-5-109.1;
695 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
696 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
697 (E) aggravated murder, as described in Section 76-5-202;
698 (F) murder, as described in Section 76-5-203;
699 (G) manslaughter, as described in Section 76-5-205;
700 (H) child abuse homicide, as described in Section 76-5-208;
701 (I) homicide by assault, as described in Section 76-5-209;
702 (J) kidnapping, as described in Section 76-5-301;
703 (K) child kidnapping, as described in Section 76-5-301.1;
704 (L) aggravated kidnapping, as described in Section 76-5-302;
705 (M) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
706 (N) sexual exploitation of a minor, as described in Section 76-5b-201;
707 (O) aggravated arson, as described in Section 76-6-103;
708 (P) aggravated burglary, as described in Section 76-6-203;
709 (Q) aggravated robbery, as described in Section 76-6-302; or
710 (R) domestic violence, as described in Section 77-36-1; or
711 (ii) an offense committed outside the state that, if committed in the state, would
712 constitute a violation of an offense described in Subsection (13)(c)(i).
713 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
714 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
715 five years immediately preceding the day on which the individual's application or license would
716 otherwise be approved, the applicant was convicted of a felony involving conduct that
717 constitutes a violation of any of the following:
718 (i) aggravated assault, as described in Section 76-5-103;
719 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
720 (iii) mayhem, as described in Section 76-5-105;
721 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
722 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
723 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
724 Act;
725 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
726 Precursor Act; or
727 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
728 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
729 conduct the comprehensive review of an applicant's background check pursuant to this section
730 if the registry check described in Subsection (13)(a) indicates that the individual is listed in a
731 child abuse and neglect registry of another state as having a substantiated or supported finding
732 of a severe type of child abuse or neglect as defined in Section 62A-4a-1002.
733 Section 5. Section 62A-2-121 is amended to read:
734 62A-2-121. Access to abuse and neglect information.
735 (1) For purposes of this section:
736 (a) "Direct service worker" [
737 62A-5-101.
738 (b) "Personal care attendant" [
739 62A-3-101.
740 (2) With respect to a licensee, a certified local inspector applicant, a direct service
741 worker, or a personal care attendant, the department may access only the Licensing Information
742 System of the Division of Child and Family Services created by Section 62A-4a-1006 and
743 juvenile court records under Subsection 78A-6-323(6), for the purpose of:
744 (a) (i) determining whether a person associated with a licensee, with direct access to
745 children:
746 (A) is listed in the Licensing Information System; or
747 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
748 neglect under Subsections 78A-6-323(1) and (2); and
749 (ii) informing a licensee that a person associated with the licensee:
750 (A) is listed in the Licensing Information System; or
751 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
752 neglect under Subsections 78A-6-323(1) and (2);
753 (b) (i) determining whether a certified local inspector applicant:
754 (A) is listed in the Licensing Information System; or
755 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
756 neglect under Subsections 78A-6-323(1) and (2); and
757 (ii) informing a local government that a certified local inspector applicant:
758 (A) is listed in the Licensing Information System; or
759 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
760 neglect under Subsections 78A-6-323(1) and (2);
761 (c) (i) determining whether a direct service worker:
762 (A) is listed in the Licensing Information System; or
763 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
764 neglect under Subsections 78A-6-323(1) and (2); and
765 (ii) informing a direct service worker or the direct service worker's employer that the
766 direct service worker:
767 (A) is listed in the Licensing Information System; or
768 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
769 neglect under Subsections 78A-6-323(1) and (2); or
770 (d) (i) determining whether a personal care attendant:
771 (A) is listed in the Licensing Information System; or
772 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
773 neglect under Subsections 78A-6-323(1) and (2); and
774 (ii) informing a person described in Subsections 62A-3-101[
775 that a personal care attendant:
776 (A) is listed in the Licensing Information System; or
777 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
778 neglect under Subsections 78A-6-323(1) and (2).
779 (3) Notwithstanding Subsection (2), the department may access the Division of Child
780 and Family [
781 (a) for the purpose of licensing and monitoring foster parents; [
782 (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and
783 (c) for the purpose described in Section 62A-1-118.
784 (4) [
785
786 personal identifying information under Subsection 62A-2-120(1) for the purposes described in
787 Subsection (2).
788 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
789 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
790 may have direct access or provide services to children when:
791 (a) the person is listed in the Licensing Information System of the Division of Child
792 and Family Services created by Section 62A-4a-1006; or
793 (b) juvenile court records show that a court made a substantiated finding under Section
794 78A-6-323, that the person committed a severe type of child abuse or neglect.
795 Section 6. Section 62A-2-122 is amended to read:
796 62A-2-122. Access to vulnerable adult abuse and neglect information.
797 (1) For purposes of this section:
798 (a) "Direct service worker" [
799 62A-5-101.
800 (b) "Personal care attendant" [
801 62A-3-101.
802 (2) With respect to a licensee, a certified local inspector applicant, a direct service
803 worker, or a personal care attendant, the department may access the database created by Section
804 62A-3-311.1 for the purpose of:
805 (a) (i) determining whether a person associated with a licensee, with direct access to
806 vulnerable adults, has a supported or substantiated finding of:
807 (A) abuse;
808 (B) neglect; or
809 (C) exploitation; and
810 (ii) informing a licensee that a person associated with the licensee has a supported or
811 substantiated finding of:
812 (A) abuse;
813 (B) neglect; or
814 (C) exploitation;
815 (b) (i) determining whether a certified local inspector applicant has a supported or
816 substantiated finding of:
817 (A) abuse;
818 (B) neglect; or
819 (C) exploitation; and
820 (ii) informing a local government that a certified local inspector applicant has a
821 supported or substantiated finding of:
822 (A) abuse;
823 (B) neglect; or
824 (C) exploitation;
825 (c) (i) determining whether a direct service worker has a supported or substantiated
826 finding of:
827 (A) abuse;
828 (B) neglect; or
829 (C) exploitation; and
830 (ii) informing a direct service worker or the direct service worker's employer that the
831 direct service worker has a supported or substantiated finding of:
832 (A) abuse;
833 (B) neglect; or
834 (C) exploitation; or
835 (d) (i) determining whether a personal care attendant has a supported or substantiated
836 finding of:
837 (A) abuse;
838 (B) neglect; or
839 (C) exploitation; and
840 (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a
841 personal care attendant has a supported or substantiated finding of:
842 (A) abuse;
843 (B) neglect; or
844 (C) exploitation.
845 (3) [
846
847 personal identifying information under Subsection 62A-2-120(1) for the purposes described in
848 Subsection (2).
849 (4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
850 Rulemaking Act, consistent with this chapter and Title 62A, Chapter 3, Part 3, Abuse, Neglect,
851 or Exploitation of a Vulnerable Adult, defining the circumstances under which a person may
852 have direct access or provide services to vulnerable adults when the person is listed in the
853 statewide database of the Division of Aging and Adult Services created by Section
854 62A-3-311.1 as having a supported or substantiated finding of abuse, neglect, or exploitation.
855 Section 7. Section 62A-3-104.3 is amended to read:
856 62A-3-104.3. Disbursal of public funds -- Background check of a personal care
857 attendant.
858 (1) For purposes of this section, "office" [
859 in Section 62A-2-101.
860 (2) [
861 attendant as payment for personal services rendered to an aged person or high risk adult[
862 unless the office approves the personal care attendant [
863 access and provide services to children or vulnerable adults pursuant to Section 62A-2-120.
864 (3) For purposes of Subsection (2), the office shall conduct a background check of a
865 personal care attendant:
866 (a) who desires to receive public funds as payment for the personal services described
867 in Subsection (2); and
868 (b) using the same procedures established for a background check of an applicant for
869 [
870 [
871
872 Section 8. Section 62A-4a-209 is amended to read:
873 62A-4a-209. Emergency placement.
874 (1) As used in this section:
875 (a) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
876 (b) "Relative" [
877 78A-6-307(1)(b).
878 (2) The division may use an emergency placement under Subsection
879 62A-4a-202.1(4)(b)(ii) when:
880 (a) the case worker has made the determination that:
881 (i) the child's home is unsafe;
882 (ii) removal is necessary under the provisions of Section 62A-4a-202.1; and
883 (iii) the child's custodial parent or guardian will agree to not remove the child from the
884 home of the person that serves as the placement and not have any contact with the child until
885 after the shelter hearing required by Section 78A-6-306;
886 (b) a person, with preference being given in accordance with Subsection (4), can be
887 identified who has the ability and is willing to provide care for the child who would otherwise
888 be placed in shelter care, including:
889 (i) taking the child to medical, mental health, dental, and educational appointments at
890 the request of the division; and
891 (ii) making the child available to division services and the guardian ad litem; and
892 (c) the person described in Subsection (2)(b) agrees to care for the child on an
893 emergency basis under the following conditions:
894 (i) the person meets the criteria for an emergency placement under Subsection (3);
895 (ii) the person agrees to not allow the custodial parent or guardian to have any contact
896 with the child until after the shelter hearing unless authorized by the division in writing;
897 (iii) the person agrees to contact law enforcement and the division if the custodial
898 parent or guardian attempts to make unauthorized contact with the child;
899 (iv) the person agrees to allow the division and the child's guardian ad litem to have
900 access to the child;
901 (v) the person has been informed and understands that the division may continue to
902 search for other possible placements for long-term care, if needed;
903 (vi) the person is willing to assist the custodial parent or guardian in reunification
904 efforts at the request of the division, and to follow all court orders; and
905 (vii) the child is comfortable with the person.
906 (3) Except as otherwise provided in Subsection (5), before the division places a child
907 in an emergency placement, the division:
908 (a) may request the name of a reference and may contact the reference to determine the
909 answer to the following questions:
910 (i) would the person identified as a reference place a child in the home of the
911 emergency placement; and
912 (ii) are there any other relatives or friends to consider as a possible emergency or
913 long-term placement for the child;
914 (b) shall have the custodial parent or guardian sign an emergency placement agreement
915 form during the investigation;
916 (c) (i) if the emergency placement will be with a relative of the child, shall comply with
917 the background check provisions described in Subsection (7); or
918 (ii) if the emergency placement will be with a person other than a noncustodial parent
919 or a relative, shall comply with the criminal background check provisions described in Section
920 78A-6-308 for adults living in the household where the child will be placed;
921 (d) shall complete a limited home inspection of the home where the emergency
922 placement is made; and
923 (e) shall have the emergency placement approved by a family service specialist.
924 (4) (a) The following order of preference shall be applied when determining the person
925 with whom a child will be placed in an emergency placement described in this section,
926 provided that the person is willing, and has the ability, to care for the child:
927 (i) a noncustodial parent of the child in accordance with Section 78A-6-307;
928 (ii) a relative of the child;
929 (iii) subject to Subsection (4)(b), a friend designated by the custodial parent or
930 guardian of the child, if the friend is a licensed foster parent; and
931 (iv) a shelter facility, former foster placement, or other foster placement designated by
932 the division.
933 (b) Unless the division agrees otherwise, the custodial parent or guardian described in
934 Subsection (4)(a)(iii) may designate up to two friends as a potential emergency placement.
935 (5) (a) The division may, pending the outcome of the investigation described in
936 Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
937 parent if, based on a limited investigation, prior to making the emergency placement, the
938 division:
939 (i) determines that the noncustodial parent has regular, unsupervised visitation with the
940 child that is not prohibited by law or court order;
941 (ii) determines that there is not reason to believe that the child's health or safety will be
942 endangered during the emergency placement; and
943 (iii) has the custodial parent or guardian sign an emergency placement agreement.
944 (b) Either before or after making an emergency placement with the noncustodial parent
945 of the child, the division may conduct the investigation described in Subsection (3)(a) in
946 relation to the noncustodial parent.
947 (c) Before, or within one day, excluding weekends and holidays, after a child is placed
948 in an emergency placement with the noncustodial parent of the child, the division shall conduct
949 a limited:
950 (i) background check of the noncustodial parent, pursuant to Subsection (7); and
951 (ii) inspection of the home where the emergency placement is made.
952 (6) After an emergency placement, the division caseworker must:
953 (a) respond to the emergency placement's calls within one hour if the custodial parents
954 or guardians attempt to make unauthorized contact with the child or attempt to remove the
955 child;
956 (b) complete all removal paperwork, including the notice provided to the custodial
957 parents and guardians under Section 78A-6-306;
958 (c) contact the attorney general to schedule a shelter hearing;
959 (d) complete the placement procedures required in Section 78A-6-307; and
960 (e) continue to search for other relatives as a possible long-term placement, if needed.
961 (7) (a) The background check described in Subsection (3)(c)(i) shall include:
962 (i) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
963 background check; and
964 (ii) a completed search of the Management Information System described in Section
965 62A-4a-1003.
966 (b) The division shall determine whether a person passes the background check
967 described in this Subsection (7) pursuant to the provisions of [
968 62A-2-120[
969 (c) Notwithstanding Subsection (7)(b), the division may not place a child with an
970 individual who is prohibited by court order from having access to that child.
971 Section 9. Section 62A-5-103.5 is amended to read:
972 62A-5-103.5. Disbursal of public funds -- Background check of a direct service
973 worker.
974 (1) For purposes of this section[
975
976
977 62A-2-101.
978 (2) [
979 service worker for personal services rendered to a person[
980 direct service worker to have direct access and provide services to a child or a vulnerable adult
981 pursuant to Section 62A-2-120.
982 [
983
984
985 [
986 [
987
988
989
990 [
991
992
993 [
994
995
996 [
997 [
998
999 [
1000 [
1001
1002 [
1003
1004 [
1005 [
1006
1007 [
1008
1009 [
1010
1011 (3) For purposes of Subsection (2), the office shall conduct a background check of a
1012 direct service worker:
1013 (a) [
1014 to pay the direct service worker for the personal services described in Subsection (2); and
1015 (b) using the same procedures established for a background check of an applicant for
1016 [
1017 [
1018
1019 [
1020
1021 (4) A child who is in the legal custody of the department or any of the department's
1022 divisions may not be placed with a direct service worker unless, before the child is placed with
1023 the direct service worker, the direct service worker passes a background check, pursuant to the
1024 requirements of [
1025 [
1026
1027 [
1028
1029
1030 [
1031
1032
1033 [
1034
1035 [
1036 Transit District Act, contracts with the division to provide services:
1037 (a) the provisions of [
1038 direct service worker employed by the public transit district; and
1039 (b) the division may not reimburse the public transit district for services provided
1040 unless a direct service worker hired or transferred internally after July 1, 2013, by the public
1041 transit district to drive a paratransit route:
1042 (i) is approved by the office to have direct access to children and vulnerable adults in
1043 accordance with Section 62A-2-120; and
1044 (ii) is subject to a background check established in a statute or rule governing a public
1045 transit district or other public transit district policy.
1046 Section 10. Section 78A-6-209 is amended to read:
1047 78A-6-209. Court records -- Inspection.
1048 (1) The court and the probation department shall keep records as required by the board
1049 and the presiding judge.
1050 (2) Court records shall be open to inspection by:
1051 (a) the parents or guardian of a child, a minor who is at least 18 years of age, other
1052 parties in the case, the attorneys, and agencies to which custody of a minor has been
1053 transferred;
1054 (b) for information relating to adult offenders alleged to have committed a sexual
1055 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
1056 Title 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose
1057 of evaluating whether an individual should be permitted to obtain or retain a license as an
1058 educator or serve as an employee or volunteer in a school, with the understanding that the
1059 office must provide the individual with an opportunity to respond to any information gathered
1060 from its inspection of the records before it makes a decision concerning licensure or
1061 employment;
1062 (c) the Criminal Investigations and Technical Services Division, established in Section
1063 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
1064 and establishing good character for issuance of a concealed firearm permit as provided in
1065 Section 53-5-704;
1066 (d) the Division of Child and Family Services for the purpose of Child Protective
1067 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
1068 administrative hearings in accordance with Section 62A-4a-1009;
1069 (e) the Office of Licensing for the purpose of conducting a background check of an
1070 applicant for an initial license or a license renewal in accordance with Section 62A-2-120;
1071 [
1072 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1073 Department of Health for the purpose of evaluating under the provisions of Subsection
1074 26-39-404(3) whether a licensee should be permitted to obtain or retain a license to provide
1075 child care, with the understanding that the department must provide the individual who
1076 committed the offense with an opportunity to respond to any information gathered from its
1077 inspection of records before it makes a decision concerning licensure; and
1078 [
1079 offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1080 Department of Health to determine whether an individual meets the background screening
1081 requirements of Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the
1082 understanding that the department must provide the individual who committed the offense an
1083 opportunity to respond to any information gathered from its inspection of records before it
1084 makes a decision under that part.
1085 (3) With the consent of the judge, court records may be inspected by the child, by
1086 persons having a legitimate interest in the proceedings, and by persons conducting pertinent
1087 research studies.
1088 (4) If a petition is filed charging a minor 14 years of age or older with an offense that
1089 would be a felony if committed by an adult, the court shall make available to any person upon
1090 request the petition, any adjudication or disposition orders, and the delinquency history
1091 summary of the minor charged unless the records are closed by the court upon findings on the
1092 record for good cause.
1093 (5) Probation officers' records and reports of social and clinical studies are not open to
1094 inspection, except by consent of the court, given under rules adopted by the board.
1095 (6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
1096 history summary of any person charged as an adult with a felony offense shall be made
1097 available to any person upon request.
1098 (b) This provision does not apply to records that have been destroyed or expunged in
1099 accordance with court rules.
1100 (c) The court may charge a reasonable fee to cover the costs associated with retrieving
1101 a requested record that has been archived.
1102 Section 11. Section 78A-6-323 is amended to read:
1103 78A-6-323. Additional finding at adjudication hearing -- Petition -- Court
1104 records.
1105 (1) Upon the filing with the court of a petition under Section 78A-6-304 by the
1106 Division of Child and Family Services or any interested person informing the court, among
1107 other things, that the division has made a supported finding that a person committed a severe
1108 type of child abuse or neglect as defined in Section 62A-4a-1002, the court shall:
1109 (a) make a finding of substantiated, unsubstantiated, or without merit;
1110 (b) include the finding described in Subsection (1)(a) in a written order; and
1111 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
1112 (2) The judicial finding under Subsection (1) shall be made:
1113 (a) as part of the adjudication hearing;
1114 (b) at the conclusion of the adjudication hearing; or
1115 (c) as part of a court order entered pursuant to a written stipulation of the parties.
1116 (3) (a) Any person described in Subsection 62A-4a-1010(1) may at any time file with
1117 the court a petition for removal of the person's name from the Licensing Information System.
1118 (b) At the conclusion of the hearing on the petition, the court shall:
1119 (i) make a finding of substantiated, unsubstantiated, or without merit;
1120 (ii) include the finding described in Subsection (1)(a) in a written order; and
1121 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
1122 (4) A proceeding for adjudication of a supported finding under this section of a type of
1123 abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
1124 in the juvenile court with an adjudication of a severe type of child abuse or neglect.
1125 (5) If a person whose name appears on the Licensing Information system prior to May
1126 6, 2002 files a petition during the time that an alleged perpetrator's application for clearance to
1127 work with children or vulnerable adults is pending, the court shall hear the matter and enter a
1128 final decision no later than 60 days after the filing of the petition.
1129 (6) For the purposes of licensing under Sections 26-39-402 [
1130 62A-2-120, and for the purposes described in Section 62A-2-121 and Title 26, Chapter 21, Part
1131 2, Clearance for Direct Patient Access:
1132 (a) the court shall make available records of its findings under Subsections (1) and (2):
1133 (i) for those purposes; and
1134 (ii) only to those with statutory authority to access also the Licensing Information
1135 System created under Section 62A-4a-1006; and
1136 (b) any appellate court shall make available court records of appeals from juvenile
1137 court decisions under Subsections (1), (2), (3), and (4):
1138 (i) for those purposes; and
1139 (ii) only to those with statutory authority to access also the Licensing Information
1140 System.
1141 Section 12. Repealer.
1142 This bill repeals:
1143 Section 62A-2-120.5, Pilot program for expedited background check of a qualified
1144 human services applicant.