Section R501-14-3 - Initial Background Screening Procedure(1) The screening agent shall ensure that an applicant for initial background screening completes the required application fields and disclosure statements to authorize the office's continual monitoring of their fingerprints and applicable state registries.(2) An applicant shall disclose any criminal charges, including pending charges, and any supported or substantiated findings of abuse, neglect, or exploitation during the background screening application process.(3)(a) An applicant may provide disclosure statements and related documents as direct attachments to the application to be uploaded into the online system by a screening agent or directly emailed to the office.(b) If an applicant submits a sealed envelope, the screening agent shall forward it to the office unopened.(4) The office will conduct the highest level clearance including out-of-state child abuse and neglect registry checks for any of the following applicants who have lived out-of-state within the past five years:(a) an applicant seeking a position in a youth residential program;(b) a prospective foster parent or prospective adoptive parent; and(c) an adult in the home of a prospective foster or prospective adoptive parent.(5)(a) An applicant applying to work in a youth residential program who has resided outside of Utah within the five years immediately preceding the date of the background screening application shall provide a child abuse and neglect registry record for each state in which the applicant has resided within those five years.(b) Instructions for obtaining out-of-state child abuse and neglect registry records from each state are found on the office website at: https://hslic.utah.gov/Out-of-state-registries.(c) Out-of-state child abuse and neglect registry records are not required a second time for a screening transfer or renewal as long as a record from every state resided in over the past five years has been previously submitted and reviewed by the office.(d) Any applicant for prospective foster or adoptive care is not required to submit their own out-of-state child and abuse registry checks, it is included in the background check conducted by the office.(e) A youth residential provider who is not department contracted shall supervise an applicant experiencing delays in receiving a requested out-of-state registry record while the record is pending, unless:(i) the applicant has initiated the out-of-state record search and it is actively in progress; and(ii) the office otherwise approves the applicant's background screening with no committee review required.(f) The office may not issue a renewal clearance if the original out-of-state registry results have not been provided to the office within the 12-month initial clearance time frame.(g) The allowance outlined in Subsection (d) does not apply to department contracted youth residential settings.(g) The office shall deny or revoke a background screening if any out-of-state registry record contains information that constitutes background screening denial under this rule and the provider shall end the employee's direct access to clients and client records immediately upon an ineligible determination notification from the office.(6) A prospective foster or adoptive parent or an adult living in the home of a foster or adoptive parent shall identify any state they have resided in over the past five years for the office to conduct the out-of-state registry search for their clearance.(7)(a) An applicant shall present valid government-issued identification to the screening agent to verify the application.(b) The background screening agent shall inspect each applicant's government-issued identification card and determine that it does not appear to have been forged or altered.(c) The screening agent shall submit the background screening application, personal identifying information, signed consent disclosure statement, and applicable fee into the online system. (d) The screening agent may withdraw a background screening application any time during the process.Utah Admin. Code R501-14-3
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