1     
CHILD CARE AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Kwan

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to a background check of an individual associated
10     with a child care facility, program, or provider.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies provisions relating to the Department of Health's ability to access the
14     Licensing Information System, maintained by the Department of Human Services,
15     for purposes of a background check of an individual associated with a child care
16     facility, program, or provider; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          62A-4a-1006, as last amended by Laws of Utah 2017, Chapter 195
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 62A-4a-1006 is amended to read:
28          62A-4a-1006. Licensing Information System -- Contents -- Juvenile court finding
29     -- Protected record -- Access -- Criminal penalty.
30          (1) (a) The division shall maintain a sub-part of the Management Information System
31     established pursuant to Section 62A-4a-1003, to be known as the Licensing Information
32     System, to be used:
33          (i) for licensing purposes; or
34          (ii) as otherwise specifically provided for by law.
35          (b) The Licensing Information System shall include only the following information:
36          (i) the information described in Subsections 62A-4a-1005(1)(b) and (3)(b);
37          (ii) consented-to supported findings by alleged perpetrators under Subsection
38     62A-4a-1005(3)(a)(iii); and
39          (iii) the information in the licensing part of the division's Management Information
40     System as of May 6, 2002.
41          (2) Notwithstanding Subsection (1), the department's access to information in the
42     Management Information System for the licensure and monitoring of foster parents is governed
43     by Sections 62A-4a-1003 and 62A-2-121.
44          (3) Subject to Subsection 62A-4a-1005(3)(e), upon receipt of a finding from the
45     juvenile court under Section 78A-6-323, the division shall:
46          (a) promptly amend the Licensing Information System; and
47          (b) enter the information in the Management Information System.
48          (4) (a) Information contained in the Licensing Information System is classified as a
49     protected record under Title 63G, Chapter 2, Government Records Access and Management
50     Act.
51          (b) Notwithstanding the disclosure provisions of Title 63G, Chapter 2, Government
52     Records Access and Management Act, the information contained in the Licensing Information
53     System may only be used or disclosed as specifically provided in this chapter and Section
54     62A-2-121.
55          (c) The information described in Subsection (4)(b) is accessible only to:
56          (i) the Office of Licensing within the department:
57          (A) for licensing purposes; or
58          (B) as otherwise specifically provided for by law;
59          (ii) the division to:
60          (A) screen [a person] an individual at the request of the Office of Guardian Ad Litem:
61          (I) at the time that [person] individual seeks a paid or voluntary position with the
62     Office of Guardian Ad Litem; and
63          (II) on an annual basis, throughout the time that the [person] individual remains with
64     the Office of Guardian Ad Litem; and
65          (B) respond to a request for information from a person whose name is listed in the
66     Licensing Information System;
67          (iii) persons designated by the Department of Health and approved by the Department
68     of Human Services, only for the following purposes:
69          (A) licensing a child care program or provider;
70          (B) determining whether [a person] an individual associated with a [covered health]
71     child care facility, [as defined by the Department of Health by rule, who provides direct care to
72     a child] program, or provider, who is exempt from being licensed or certified by the
73     Department of Health under Title 26, Chapter 39, Utah Child Care Licensing Act, has a
74     supported finding of a severe type of child abuse or neglect; or
75          (C) determining whether an individual who is seeking an emergency medical services
76     license has a supported finding of a severe type of child abuse or neglect[.];
77          (iv) persons designated by the Department of Workforce Services and approved by the
78     Department of Human Services for the purpose of qualifying child care providers under
79     Section 35A-3-310.5; and
80          (v) the department, as specifically provided in this chapter.
81          (5) The persons designated by the Department of Health under Subsection (4)(c)(iii)
82     and the persons designated by the Department of Workforce Services under Subsection
83     (4)(c)(iv) shall adopt measures to:
84          (a) protect the security of the Licensing Information System; and
85          (b) strictly limit access to the Licensing Information System to those persons
86     designated by statute.
87          (6) All persons designated by statute as having access to information contained in the
88     Licensing Information System shall be approved by the Department of Human Services and
89     receive training from the department with respect to:
90          (a) accessing the Licensing Information System;
91          (b) maintaining strict security; and
92          (c) the criminal provisions of Sections 62A-4a-412 and 63G-2-801 pertaining to the
93     improper release of information.
94          (7) (a) A person, except those authorized by this chapter, may not request another
95     person to obtain or release any other information in the Licensing Information System to screen
96     for potential perpetrators of abuse or neglect.
97          (b) A person who requests information knowing that [it] the request is a violation of
98     this Subsection (7) [to do so] is subject to the criminal penalty described in Sections
99     62A-4a-412 and 63G-2-801.