Section R430-90-8 - Background Checks(1) Before a new covered individual becomes involved with child care, the provider shall use the CCL provider portal search to verify that the individual is eligible and: (a) associate that individual with their facility; or(b) not associate the individual if the individual is associated with another CCL facility and the new individual will be at the facility for no more than one business day.(2) Before a new covered individual who does not appear in the CCL provider portal search becomes involved with child care in the program, the provider shall: (a) require the individual to submit an online background check form and fingerprints for individuals age 18 years old and older;(b) authorize the individual's background check through the CCL provider's portal;(c) pay any required fees; and(d) receive written notice from CCL that the individual is eligible.(3) To keep their background check eligibility current, the provider shall also ensure that a new background check form and fingerprints are submitted and authorized and fees are paid for any covered individual who has: (a) resided outside of Utah since their last background check was completed;(b) not been associated with an active, CCL approved child care facility within the past 180 days; or(c) turned 18 years old and has not previously submitted fingerprints for a CCL background check, except when the 18-year-old has previously submitted fingerprints for a CCL background check, then only a new background check form will be required.(4) Within ten working days from when a child who resides in the facility turns 12 years old, the provider shall: (a) ensure that an online background check form is submitted;(b) authorize the child's background check through the CCL provider's portal; and(c) pay any required fees.(5) The provider shall ensure that fingerprints are prepared by a local law enforcement agency or an agency approved by local law enforcement.(6) If fingerprints are submitted electronically through live scan, the provider shall ensure that the agency taking the fingerprints is one that follows the department's guidelines.(7) The department may consider a covered individual not eligible for any of the following reasons: (a) LIS supported findings;(b) the covered individual's name appears on the Utah or national sex offender registry;(c) the covered individual refuses to consent to the criminal background check;(d) the covered individual knowingly makes a false statement in connection with their background check;(e) any felony convictions; or(f) for any of the reasons listed under Subsection R430-90-8(8).(8) The department may also consider a covered individual not eligible for any of the following convictions regardless of severity: (b) sexual enticing of a minor;(d) a sexual exploitation act;(e) pornographic material or performance;(f) any crime against an individual;(g) providing dangerous weapons or fire arms to a minor; or(h) driving under the influence while a child is present in the vehicle.(9) The department shall consider a covered individual eligible if the only background finding is a conviction or plea of no contest to a nonviolent drug offense that occurred ten or more years before the CCL background check was conducted.(10) If the provider is considered not eligible by CCL, the department may suspend or deny their license until the reason for the background check finding is resolved.(11) If a covered individual is considered not eligible by CCL, including that the individual has been convicted, has pleaded no contest, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor, the provider shall prohibit that individual from being employed by the child care program or residing at the facility until the reason for the background check finding is resolved.(12) If a covered individual is denied a license or employment based upon the criminal background check and disagrees with the information provided by the Department of Public Safety, the covered individual may appeal the information to the Department of Public Safety.(13) The provider and the covered individual shall notify the department within 48 hours of becoming aware of the covered individual's arrest warrant, felony or misdemeanor arrest, charge, conviction, or supported LIS finding. Failure to notify the department within 48 hours may result in disciplinary action, including revocation of the license.(14) The Executive Director of the department may overturn a CCL background check decision if the Executive Director determines that the nature of the background finding or mitigating circumstances do not pose a risk to children.Utah Admin. Code R430-90-8
Amended by Utah State Bulletin Number 2016-4, effective 1/31/2016Amended by Utah State Bulletin Number 2016-8, effective 3/30/2016Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018Amended by Utah State Bulletin Number 2020-08, effective 4/3/2020Amended by Utah State Bulletin Number 2020-13, effective 6/10/2020Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023