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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
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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 [
61 (I) at the time that [
62 Office of Guardian Ad Litem; and
63 (II) on an annual basis, throughout the time that the [
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 [
71 child care facility, [
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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 [
98 this Subsection (7) [
99 62A-4a-412 and 63G-2-801.