Section R501-14-2 - Definitions(1) "Abuse" means as defined in Sections 80-1-102 and 26B-6-201, and may include severe abuse, severe neglect, and sexual abuse, as these terms are defined in Sections 80-1-102 and 26B-6-201.(2) "Adult-only Substance Use Disorder Program" means a program serving substance use disorder-related clients and does not serve clients under the age of 18.(3) "Applicant" means as defined in Section 26B-2-120 and includes a person whose identifying information is submitted to the office under Sections 26B-2-120, 26B-6-107, 26B-6-410, 78B-6-128, and 78B-6-113. (4) "BCI" means the Bureau of Criminal Identification, and is the designated state agency of the Division of Criminal Investigation and Technical Services Division within the Department of Public Safety that is responsible for maintaining criminal records in Utah.(5) "Child" means as defined in Section 26B-2-101.(6) "Child Placing" means as defined in Section 26B-2-101.(7) "Committee" means the comprehensive review committee appointed to conduct reviews in accordance with Section 26B-2-120.(8) "DAAS Statewide Database" means the Division of Aging and Adult Services database created by Section 26B-6-210 to maintain reports of vulnerable adult abuse, neglect, or exploitation.(9) "Determination" means the result of the background clearance findings in the online system. The following four determinations may be made by the office: (a) eligible or eligible approval for hire and may work unsupervised;(b) ineligible for hire and may not work;(c) supervised only to work at all times under direct supervision of another employee with an eligible department clearance while in the presence of clients or client records; or(d) conditional hire or conditional approval under conditions outlined in Subsection R501-14-7(2).(10) "Direct Access" means as defined in Section 26B-2-101.(11) "Direct Service Worker" means as defined in Section 26B-6-401.(12) "Directly Supervised" means as defined in Section 26B-2-101.(13) "FBI Rap Back System" means as defined in Section 53-10-108.(14) "Fingerprints" means an individual's fingerprints as copied electronically through a fingerprint scanning device or on two ten-print fingerprint cards by a law enforcement agency, an agency approved by the BCI, or a screening agent.(15) "Foster Home" means as defined in Section 26B-2-101.(16) "Harm" means as defined in Subsection R380-600-2(17), and for background screenings, also includes causing or threatening to cause financial damage or fraud.(17) "Human Services Program" means as defined in Section 26B-2-101.(18) "Licensee" means as defined in Section 26B-2-101.(19) "Licensing Information System" (LIS) means the system created by Section 80-2-1002, as a sub-part of the Division of Child and Family Services' Management Information System (MIS) created by Section 80-2-1001.(20) "Neglect" means as defined in Sections 80-1-102 and 26B-6-201.(21) "Office" means the Office of Background Processing within the Division of Licensing and Background Checks.(22) "Online system" means the office's electronic online background clearance system.(23) "Personal Identifying Information" means as defined in Section 26B-2-120, and includes: (a) a current, valid state driver's license or state identification card bearing the applicant's photo, current name, and address;(b) a current, valid government-issued identification card bearing the applicant's name and photo, including passports, military identification, and foreign government identification cards; or(c) other records specifically requested in writing by the office.(24)(a) "Reside" means retaining a residence for six or more consecutive months.(b) Reside does not mean religious, educational, or military service as long as the primary state of residence is maintained.(25) "Request Type" means the type of employment and clearance level statutorily required for the type of provider the applicant is applying to work under as categorized in the online system.(26) "Screening Agent" means the individual responsible for:(a) initiating, monitoring, and maintaining background clearance communications with the Office;(b) entering applications;(c) verifying and protecting personally identifying information; and(d) ensuring information is current in the online system for their program's applicants, and providers.(27) "Substance Abuse Treatment Program" means as defined in Section 26B-2-101. (28) "Supported" means as defined in Sections 26B-6-201 and 80-1-102.(29) "Vulnerable Adult" means as defined in Section 26B-2-101.(30) "Youth Residential Program" is also known as congregate care and means a 24-hour group living environment serving four or more youth. This does not include foster homes or child placing agency certified homes.Utah Admin. Code R501-14-2
Amended by Utah State Bulletin Number 2016-3, effective 1/13/2016Amended by Utah State Bulletin Number 2017-3, effective 1/17/2017Amended by Utah State Bulletin Number 2017-8, effective 3/21/2017Amended by Utah State Bulletin Number 2018-6, effective 2/23/2018Amended by Utah State Bulletin Number 2019-16, effective 7/18/2019Amended by Utah State Bulletin Number 2021-05, effective 2/16/2021Amended by Utah State Bulletin Number 2024-03, effective 1/22/2024