No. 37774 (Amendment): Section R430-6-3. Submission of Background Screening Information

(Amendment)

DAR File No.: 37774
Filed: 06/27/2013 11:20:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to clarify the language related to individuals not required to submit fingerprints to align our rules with H.B. 165 (2013 General Legislative Session).

Summary of the rule or change:

The proposed change clarifies who is not required to submit fingerprints according to our rules and to H.B. 165 (2013).

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

Some state agencies operate or sponsor child care programs. If these programs were regulated before 07/01/2013, the Department will not anticipate that this rule will result in any new costs or savings to these programs because they will be grandfathered under H.B. 165. However, if there are any new programs regulated after 06/30/2013, they will have to comply with the new fingerprint requirement. Since the division cannot predict the creation of new child care programs operated by state agencies, the division cannot anticipate the costs this change will present.

local governments:

Some local governments operate or sponsor child care programs. If these programs were regulated before 07/01/2013, the Department will not anticipate that this rule will result in any new costs or savings to these programs because they will be grandfathered under H.B. 165. However, if there are any new programs regulated after 06/30/2013, they will have to comply with the new fingerprint requirement. Since the division cannot predict the creation of new child care programs operated by local governments, the division cannot anticipate the costs this change will present.

small businesses:

Almost all child care facilities are small businesses. If these programs were regulated before 07/01/2013, the Department will not anticipate that this rule will result in any new costs or savings to these programs because they will be grandfathered under H.B. 165. However, if there are any new programs regulated after 06/30/2013, they will have to comply with the new fingerprint requirement. Since the division cannot predict the creation of new child care programs operated as small businesses, the division cannot anticipate the costs this change will present.

persons other than small businesses, businesses, or local governmental entities:

This change may result in new costs to child care programs operated by businesses, individuals, local governments, and persons that are not small businesses. If these programs were regulated before 07/01/2013, the Department will not anticipate that this rule will result in any new costs or savings to these programs because they will be grandfathered under H.B. 165. However, if there are any new programs regulated after 06/30/2013, they will have to comply with the new fingerprint requirement. Since the division cannot predict the creation of new child care programs, the division cannot anticipate the costs this change will present.

Compliance costs for affected persons:

This change will only affect new facilities regulated after 06/30/2013. The costs for preparing a fingerprint card to be submitted to the Department may vary according to the agency the provider uses. The FBI currently charges $36.50 for fingerprint check. Some facilities have their employees pay for this fee while others assume these costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change may create a small additional charge for new child care programs but should not pose any significant barriers to entry.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Family Health and Preparedness, Child Care Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Simon Bolivar at the above address, by phone at 801-584-8223, by FAX at 801-584-8467, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2013

This rule may become effective on:

09/01/2013

Authorized by:

David Patton, Executive Director

RULE TEXT

R430. Health, Family Health and Preparedness, Child Care Licensing.

R430-6. Background Screening.

R430-6-3. Submission of Background Screening Information.

(1) Each applicant requesting a new or renewal child care license or residential certificate must submit to the Department the name and other required identifying information on all covered individuals.

(a) Unless an exception is granted under Subsection (4) below, the applicant shall ensure that the identifying information submitted for all individuals age 18 and older includes a fingerprint card and fee.

(b) The fingerprint card must be prepared either by a local law enforcement agency or an agency approved by local law enforcement.

(2) The applicant shall state in writing, based upon the applicant's information and belief, whether each covered individual:

(a) has been convicted of, has pleaded no contest to, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor.

(b) has been adjudicated in juvenile court of committing an act which if committed by an adult would be a felony or misdemeanor;

(c) has ever had a supported finding by the Department of Human Services, or a substantiated finding from a juvenile court, of abuse or neglect of a child.

(3) Within five days of a new covered individual beginning work at a child care facility or moving into a licensed or certified home, or a child turning 12 who resides in the facility where care is provided, the licensee or certificate holder must submit to the Department the name and other required identifying information for that individual.

(a) Unless an exception is granted under Subsection (4) below, the licensee or certificate holder shall ensure that the identifying information submitted for all individuals age 18 and older includes a fingerprint card and fee.

(b) The fingerprint card must be prepared either by a local law enforcement agency or an agency approved by local law enforcement.

[ (4) Fingerprint cards are not required if:

(a) the covered individual has resided in Utah continuously for the past five years;

(b) the covered individual is less than 23 years of age, and has resided in Utah continuously since the individual's 18th birthday; or

(c) the covered individual has previously submitted fingerprints under this section for a national criminal history record check and has resided in Utah continuously since that time.

](4)(a) Fingerprint cards are not required if:

(i) the covered individual has resided in Utah continuously for the past five years, or is less than 23 years of age and has resided in Utah continuously since the individual's 18th birthday; and

(ii) The covered individual will only be involved with child care in a facility that was licensed or certified prior to 1 July 2013,

(b) A covered individual who has previously submitted a fingerprint card under this section for a national criminal history record check and has resided in Utah continuously since that time is not required to submit a fingerprint card.

 

KEY: child care facilities, background screening

Date of Enactment or Last Substantive Amendment: [January 1, ]2013

Notice of Continuation: August 3, 2012

Authorizing, and Implemented or Interpreted Law: 26-39

 

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