R430-8-5. Background Check Requirements and Appeals

  (1) The requirements of this subsection apply to all facilities listed in subsection R430-8-4(1) above.

  (2) The provider shall submit to the Department background checks and fees for all covered individuals as defined in R430-8-2(7).

  (3) Before a new covered individual becomes involved with child care in the program, the provider shall:

  (a) have the individual submit an online background check form,

  (b) authorize the individual's background check form,

  (c) pay all required fees, and

  (d) receive written notice from CCL that the individual passed the background check.

  (4) The provider shall ensure that a CCL background check for each individual age 18 years or older includes fingerprints for a Next Generation, national criminal history check and fingerprints fees.

  (5) The fingerprints shall be prepared by a local law enforcement agency or an agency approved by local law enforcement.

  (6) If fingerprints are submitted through Live Scan (electronically), the agency taking the fingerprints shall follow the Department's guidelines.

  (7) Fingerprints are not required if the covered individual has:

  (a) previously submitted fingerprints to CCL for a Next Generation, national criminal history check;

  (b) resided in Utah continuously since the fingerprints were submitted; and

  (c) kept their CCL background check current.

  (8) Background checks are valid for 1 year and shall be renewed before the last day of the month listed on the covered individual's background check card issued by the Department.

  (9) At least 2 weeks before the end of the month that is written on a covered individual's background check card, the provider shall:

  (a) have the individual submit an online CCL background check form,

  (b) authorize the individual's background check form, and

  (c) pay all required fees.

  (10) The following background findings may deny a covered individual from being involved with child care:

  (a) LIS supported findings,

  (b) the individual's name appears on the Utah or national sex offender registry,

  (c) any felony convictions,

  (d) any Misdemeanor A convictions, or

  (e) Misdemeanor B and C convictions for the reasons listed in R430-8-6(10).

  (11) The following convictions, regardless of severity, may result in a background check denial:

  (a) unlawful sale or furnishing alcohol to minors;

  (b) sexual enticing of a minor;

  (c) cruelty to animals, including dogfighting;

  (d) bestiality;

  (e) lewdness, including lewdness involving a child;

  (f) voyeurism;

  (g) providing dangerous weapons to a minor;

  (h) a parent providing a firearm to a violent minor;

  (i) a parent knowing of a minor's possession of a dangerous weapon;

  (j) sales of firearms to juveniles;

  (k) pornographic material or performance;

  (l) sexual solicitation;

  (m) prostitution and related crimes;

  (n) contributing to the delinquency of a minor;

  (o) any crime against a person;

  (p) a sexual exploitation act;

  (q) leaving a child unattended in a vehicle; and

  (r) driving under the influence (DUI) while a child is present in the vehicle.

  (12) A covered individual with a Class A misdemeanor background finding not listed in R430-8-6(11) may be involved with child care when:

  (a) 10 or more years have passed since the Class A misdemeanor offense, and

  (b) there is no other conviction for the individual in the past 10 years.

  (13) A covered individual with a Class A misdemeanor background finding not listed in R430-8-6(11) may be involved with child care for up to 6 months if:

  (a) 5 to 9 years have passed since the offense,

  (b) there is no other conviction since the Class A misdemeanor offense,

  (c) the individual provides to the Department documentation of an active petition for expungement, and

  (d) the provider ensures that the individual does not have unsupervised contact with any child in care.

  (14) If a petition for expungement is denied, the covered individual shall no longer be involved with child care.

  (15) A covered individual shall not be denied if the only background finding is a conviction or plea of no contest to nonviolent drug offenses that occurred 10 or more years before the CCL background check was conducted.

  (16) The Department may rely on the criminal background check findings as conclusive evidence of the arrest warrant, arrest, charge, or conviction; and the Department may revoke, suspend, or deny a license or employment based on that evidence.

  (17) If the provider has a background check denial, the Department may suspend or deny their exemption approval until the reason for the denial is resolved.

  (18) If a covered individual fails to pass a CCL background check, 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 denial is resolved.

  (19) 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 as provided in Utah Code, Sections 77-18-10 through 77-18-14 and 77-18a-1.

  (20) If a covered individual disagrees with a supported finding on the Department of Human Services Licensing Information System (LIS):

  (a) the individual cannot appeal the supported finding to the Department of Health, and

  (b) the covered individual may appeal the finding to the Department of Human Services and follow the process established by the Department of Human Services.

  (21) The Executive Director of the Department of Health may overturn a background check denial when the Executive Director determines that the nature of the background finding or mitigating circumstances do not pose a risk to children.

  (22) An applicant or exempt provider may appeal any Department decision within 15 working days of being informed in writing of the decision.