Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 145 (2015GS)

Sponsor

Rep. Sanpei, D.

Final action

Governor Signed 3/27/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• permits the Department of Human Services to conduct criminal background screening of employees and volunteers;
• amends provisions relating to when the Office of Licensing (the office) shall conduct a background check;
• requires each applicant 18 years of age or older to submit fingerprints to the office for a national criminal history search;
• clarifies which databases the office must search to conduct a background check;
• provides that the office may submit an applicant's personal identifying information to the Bureau of Criminal Identification (the Bureau) within the Department of Public Safety for retention, monitoring, and notification of new criminal activity associated with an applicant;
• requires the office to conduct a comprehensive review of an applicant's background check if the applicant has a record of an adjudication in juvenile court for an act that, if committed by an adult, would be a felony or misdemeanor;
• provides that the office may conditionally approve an applicant, other than a prospective foster or adoptive parent, without the applicant being directly supervised, pending the results of a national criminal history search; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VULNERABLE ADULT WORKER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dean Sanpei
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions relating to the Department of Human Services' background
check procedures.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ permits the Department of Human Services to conduct criminal background
screening of employees and volunteers;
▸ amends provisions relating to when the Office of Licensing (the office) shall
conduct a background check;
▸ requires each applicant 18 years of age or older to submit fingerprints to the office
for a national criminal history search;
▸ clarifies which databases the office must search to conduct a background check;
▸ provides that the office may submit an applicant's personal identifying information
to the Bureau of Criminal Identification (the Bureau) within the Department of
Public Safety for retention, monitoring, and notification of new criminal activity
associated with an applicant;
▸ requires the office to conduct a comprehensive review of an applicant's background
check if the applicant has a record of an adjudication in juvenile court for an act
that, if committed by an adult, would be a felony or misdemeanor;
▸ provides that the office may conditionally approve an applicant, other than a
prospective foster or adoptive parent, without the applicant being directly
supervised, pending the results of a national criminal history search; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-108
, as last amended by Laws of Utah 2014, Chapters 79 and 377
62A-1-118
, as last amended by Laws of Utah 2008, Chapter 382
62A-2-101
, as last amended by Laws of Utah 2014, Chapter 240
62A-2-121
, as last amended by Laws of Utah 2009, Chapter 75
62A-2-122
, as last amended by Laws of Utah 2011, Chapter 366
62A-3-104.3
, as enacted by Laws of Utah 2005, Chapter 107
62A-4a-209
, as last amended by Laws of Utah 2013, Chapter 416
62A-5-103.5
, as last amended by Laws of Utah 2013, Chapter 448
78A-6-209
, as last amended by Laws of Utah 2012, Chapter 328
78A-6-323
, as last amended by Laws of Utah 2012, Chapter 328
REPEALS AND REENACTS:
62A-2-120
, as last amended by Laws of Utah 2012, Chapters 293 and 302
REPEALS:
62A-2-120.5
, as last amended by Laws of Utah 2013, Chapter 468
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-10-108
 is amended to read:
53-10-108.
Restrictions on access, use, and contents of division records -- Limited
use of records for employment purposes -- Challenging accuracy of records -- Usage fees
-- Missing children records -- Penalty for misuse of records.
(1) Dissemination of information from a criminal history record or warrant of arrest
information from division files is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and for
employment screening by criminal justice agencies;
(b) noncriminal justice agencies or individuals for any purpose authorized by statute,
executive order, court rule, court order, or local ordinance;
(c) agencies or individuals for the purpose of obtaining required clearances connected
with foreign travel or obtaining citizenship;
(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
agency to provide services required for the administration of criminal justice; and
(ii) the agreement shall specifically authorize access to data, limit the use of the data to
purposes for which given, and ensure the security and confidentiality of the data;
(e) agencies or individuals for the purpose of a preplacement adoptive study, in
accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
;
(f) (i) agencies and individuals as the commissioner authorizes for the express purpose
of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
agency; and
(ii) private security agencies through guidelines established by the commissioner for
employment background checks for their own employees and prospective employees;
(g) a qualifying entity for employment background checks for their own employees and
persons who have applied for employment with the qualifying entity; and
(h) other agencies and individuals as the commissioner authorizes and finds necessary
for protection of life and property and for offender identification, apprehension, and
prosecution pursuant to an agreement.
(2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access
to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
anonymity of individuals to whom the information relates, and ensure the confidentiality and
security of the data.
(3) (a) Before requesting information under Subsection (1)(g), a qualifying entity must
obtain a signed waiver from the person whose information is requested.
(b) The waiver must notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) Information received by a qualifying entity under Subsection (1)(g) may only be:
(i) available to persons involved in the hiring or background investigation of the
employee; and
(ii) used for the purpose of assisting in making an employment or promotion decision.
(d) A person who disseminates or uses information obtained from the division under
Subsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition to
any penalties provided under this section, is subject to civil liability.
(e) A qualifying entity that obtains information under Subsection (1)(g) shall provide
the employee or employment applicant an opportunity to:
(i) review the information received as provided under Subsection (8); and
(ii) respond to any information received.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to implement this Subsection (3).
(g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $20.
(ii) The name check fee under Subsection (1)(g) is $15.
(iii) These fees remain in effect until changed by the division through the process under
Section 
63J-1-504
.
(iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be
deposited in the General Fund as a dedicated credit by the department to cover the costs
incurred in providing the information.
(h) The division or its employees are not liable for defamation, invasion of privacy,
negligence, or any other claim in connection with the contents of information disseminated
under Subsection (1)(g).
(4) (a) Any criminal history record information obtained from division files may be
used only for the purposes for which it was provided and may not be further disseminated,
except under Subsection (4)(b), (c), or (d).
(b) A criminal history provided to an agency pursuant to Subsection (1)(e) may be
provided by the agency to the person who is the subject of the history, another licensed
child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
adoption.
(c) A criminal history of a defendant provided to a criminal justice agency under
Subsection (1)(a) may also be provided by the prosecutor to a defendant's defense counsel,
upon request during the discovery process, for the purpose of establishing a defense in a
criminal case.
(d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
Transit District Act, that is under contract with a state agency to provide services may, for the
purposes of complying with Subsection 
62A-5-103.5
[
(7)
]
(5)
, provide a criminal history record
to the state agency or the agency's designee.
(5) The division may not disseminate criminal history record information to qualifying
entities under Subsection (1)(g) regarding employment background checks if the information is
related to charges:
(a) that have been declined for prosecution;
(b) that have been dismissed; or
(c) regarding which a person has been acquitted.
(6) (a) This section does not preclude the use of the division's central computing
facilities for the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed by
unauthorized agencies or individuals.
(7) Direct access through remote computer terminals to criminal history record
information in the division's files is limited to those agencies authorized by the commissioner
under procedures designed to prevent unauthorized access to this information.
(8) (a) The commissioner shall establish procedures to allow an individual right of
access to review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of the
individual's criminal history report under Subsection (8)(a) is $15. This fee remains in effect
until changed by the commissioner through the process under Section 
63J-1-504
.
(c) (i) The commissioner shall establish procedures for an individual to challenge the
completeness and accuracy of criminal history record information contained in the division's
computerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to
be inaccurate or incomplete.
(9) The private security agencies as provided in Subsection (1)(f)(ii):
(a) shall be charged for access; and
(b) shall be registered with the division according to rules made by the division under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(10) Before providing information requested under this section, the division shall give
priority to criminal justice agencies needs.
(11) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
use, disclose, or disseminate a record created, maintained, or to which access is granted by the
division or any information contained in a record created, maintained, or to which access is
granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained, or to which access is granted by the division shall inform the
commissioner and the director of the Utah Bureau of Criminal Identification of the
unauthorized use.
Section 2. Section 
62A-1-118
 is amended to read:
62A-1-118.
Access to abuse and neglect information to screen employees and
volunteers.
(1) The department may conduct a background check, pursuant to Subsections
62A-2-120
(1) through (4), of department employees and volunteers who have direct access, as
defined in Section 
62A-2-101
, to a child or a vulnerable adult.
(2) In addition to conducting a background check described in Subsection (1), and
subject to the requirements of this section, the department may search the Division of Child
and Family Services' Management Information System described in Section 
62A-4a-1003
.
[
(1)
] 
(3)
 With respect to department employees and volunteers, the department may
only access information 
in the systems and databases described in Subsection 
62A-2-120
(3)
and
 in the Division of Child and Family [
Service's
] 
Services'
 Management Information System
[
created by Section 
62A-4a-1003
 and the Division of Aging and Adult Services database
created by Section 
62A-3-311.1
] for the purpose of determining at the time of hire and each
year thereafter whether a department employee or volunteer has 
a criminal history,
 an
adjudication of abuse or neglect
,
 or
,
 since January 1, 1994, a substantiated 
or supported
 finding
of abuse [
or
]
,
 neglect
, or exploitation
 after notice and an opportunity for a hearing consistent
with Title 63G, Chapter 4, Administrative Procedures Act, but only if 
a criminal history or
identification as a possible perpetrator of abuse or neglect is directly relevant to the
employment or volunteer activities of that person.
[
(2)
] 
(4)
 A department employee or volunteer to whom Subsection (1) applies shall
submit to the department the employee or volunteer's name [
and
]
,
 other 
personal
 identifying
information [
upon request
]
, and consent for the background check on a form specified by the
department
.
[
(3) The department shall process the information to determine whether the employee
or volunteer has a substantiated finding of child abuse or neglect.
]
[
(4)
] 
(5)
 The department shall [
adopt
] 
make
 rules 
in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 defining permissible and impermissible
work-related activities for a department employee or volunteer 
with a criminal history or
 with
one or more substantiated 
or supported
 findings of abuse [
or
]
,
 neglect
, or exploitation
.
Section 3. Section 
62A-2-101
 is amended to read:
62A-2-101.
Definitions.
As used in this chapter:
(1) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(2) "Applicant" means:
(a) a person who applies for an initial license or a license renewal under this chapter;
(b) an individual who:
(i) is associated with the licensee; and
(ii) has direct access to a child or a vulnerable adult;
(c) an individual who is 12 years of age or older, other than the child or vulnerable
adult who is receiving the service, who resides in a residence with the child or vulnerable adult
who is receiving services from the person described in Subsection (2)(a) or (b), if the child or
vulnerable adult is not receiving services in the child's or vulnerable adult's own residence; or
(d) an individual who provides respite care to a foster parent or an adoptive parent on
more than one occasion.
(3) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(3)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance abuse programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
by the licensee at all times.
[
(2)
] 
(4)
 (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection [
(2)
] 
(4)
(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection [
(26)
] 
(28)
(a); or
(B) provides the treatment or services described in Subsection [
(26)
] 
(28)
(a) on a
limited basis, as described in Subsection [
(2)
] 
(4)
(b)(ii).
(b) (i) For purposes of Subsection [
(2)
] 
(4)
(a)(iii), "education" means a course of study
for one or more of grades kindergarten through 12th grade.
(ii) For purposes of Subsection [
(2)
] 
(4)
(a)(iv)(B), a private school provides the
treatment or services described in Subsection [
(26)
] 
(28)
(a) on a limited basis if:
(A) the treatment or services described in Subsection [
(26)
] 
(28)
(a) are provided only
as an incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection [
(26)
] 
(28)
(a); or
(II) have a primary purpose of providing the 
treatment or
 services described in
Subsection [
(26)
] 
(28)
(a).
(c) "Boarding school" does not include a therapeutic school.
[
(3)
] 
(5)
 "Child" means a person under 18 years of age.
[
(4)
] 
(6)
 "Child placing" means receiving, accepting, or providing custody or care for
any child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
[
(5)
] 
(7)
 "Client" means an individual who receives or has received services from a
licensee.
[
(6)
] 
(8)
 "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral
dysfunctions, impairments, or chemical dependencies.
[
(7)
] 
(9)
 "Department" means the Department of Human Services.
[
(8)
] 
(10)
 "Direct access" means that an individual has, or likely will have[
,
]
:
(a)
 contact with or access to a child or vulnerable adult that provides the individual
with an opportunity for personal communication or touch[
.
]
; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(11) "Directly supervised" means that an individual is being supervised under the
uninterrupted visual and auditory surveillance of another individual.
[
(9)
] 
(12)
 "Director" means the director of the Office of Licensing.
[
(10)
] 
(13)
 "Domestic violence" [
is as
] 
means the same as that term is
 defined in
Section 
77-36-1
.
[
(11)
] 
(14)
 "Domestic violence treatment program" means a nonresidential program
designed to provide psychological treatment and educational services to perpetrators and
victims of domestic violence.
[
(12)
] 
(15)
 "Elder adult" means a person 65 years of age or older.
[
(13)
] 
(16)
 "Executive director" means the executive director of the department.
[
(14)
] 
(17)
 "Foster home" means a temporary residential living environment for the
care of:
(a) fewer than four foster children in the home of a licensed or certified foster parent;
or
(b) four or more children in the home of a licensed or certified foster parent if the
children are siblings.
[
(15)
] 
(18)
 (a) "Human services program" means a:
(i) foster home;
(ii) therapeutic school;
(iii) youth program;
(iv) resource family home;
(v) recovery residence; or
(vi) facility or program that provides:
(A) secure treatment;
(B) inpatient treatment;
(C) residential treatment;
(D) residential support;
(E) adult day care;
(F) day treatment;
(G) outpatient treatment;
(H) domestic violence treatment;
(I) child placing services;
(J) social detoxification; or
(K) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include a boarding school.
[
(16)
] 
(19)
 "Licensee" means [
a person
] 
an individual
 or 
a
 human services program
licensed by the office.
[
(17)
] 
(20)
 "Local government" means a:
(a) city; or
(b) county.
[
(18)
] 
(21)
 "Minor" has the same meaning as "child."
[
(19)
] 
(22)
 "Office" means the Office of Licensing within the Department of Human
Services.
[
(20)
] 
(23)
 "Outpatient treatment" means individual, family, or group therapy or
counseling designed to improve and enhance social or psychological functioning for those
whose physical and emotional status allows them to continue functioning in their usual living
environment.
[
(21) (a) "Person associated with the licensee" means a person:
]
[
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, or volunteer; or
]
[
(ii) applying to become affiliated with a licensee in any capacity listed under
Subsection (21)(a)(i).
]
[
(b) Notwithstanding Subsection (21)(a), "person associated with the licensee" does not
include an individual serving on the following bodies unless that individual has direct access to
children or vulnerable adults:
]
[
(i) a local mental health authority under Section 
17-43-301
;
]
[
(ii) a local substance abuse authority under Section 
17-43-201
; or
]
[
(iii) a board of an organization operating under a contract to provide:
]
[
(A) mental health or substance abuse programs; or
]
[
(B) services for the local mental health authority or substance abuse authority.
]
[
(c) "Person associated with the licensee" does not include a guest or visitor whose
access to children or vulnerable adults is directly supervised by the licensee at all times.
]
[
(22)
] 
(24)
 "Recovery residence" means a home or facility, other than a residential
treatment or residential support program, that meets at least two of the following requirements:
(a) provides a supervised living environment for individuals recovering from a
substance abuse disorder;
(b) requires more than half of the individuals in the residence to be recovering from a
substance abuse disorder;
(c) provides or arranges for residents to receive services related to their recovery from a
substance abuse disorder, either on or off site;
(d) holds the home or facility out as being a recovery residence; or
(e) (i) receives public funding; or
(ii) runs the home or facility as a commercial venture for financial gain.
[
(23)
] 
(25)
 "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
[
(24)
] 
(26)
 (a) "Residential support" means arranging for or providing the necessities of
life as a protective service to individuals or families who have a disability or who are
experiencing a dislocation or emergency that prevents them from providing these services for
themselves or their families.
(b) "Residential support" includes providing a supervised living environment for
persons with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of residential support.
(d) "Residential support" does not include:
(i) a recovery residence; or
(ii) residential services that are performed:
(A) exclusively under contract with the Division of Services for People with
Disabilities; or
(B) in a facility that serves fewer than four individuals.
[
(25)
] 
(27)
 (a) "Residential treatment" means a 24-hour group living environment for
four or more individuals unrelated to the owner or provider that offers room or board and
specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
[
(26)
] 
(28)
 "Residential treatment program" means a human services program that
provides:
(a) residential treatment; or
(b) secure treatment.
[
(27)
] 
(29)
 (a) "Secure treatment" means 24-hour specialized residential treatment or
care for persons whose current functioning is such that they cannot live independently or in a
less restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on residents
with neither their consent nor control.
[
(28)
] 
(30)
 "Social detoxification" means short-term residential services for persons
who are experiencing or have recently experienced drug or alcohol intoxication, that are
provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
[
(29)
] 
(31)
 "Substance abuse treatment program" means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection [
(29)
] 
(31)
(a) to
persons with:
(i) a diagnosed substance abuse disorder; or
(ii) chemical dependency disorder.
[
(30)
] 
(32)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
[
(31)
] 
(33)
 "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
[
(32)
] 
(34)
 "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
[
(33)
] 
(35)
 (a) "Youth program" means a nonresidential program designed to provide
behavioral, substance abuse, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for its services;
(iii) may or may not provide host homes or other arrangements for overnight
accommodation of the youth;
(iv) may or may not provide all or part of its services in the outdoors;
(v) may or may not limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the
minor's own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.
Section 4. Section 
62A-2-120
 is repealed and reenacted to read:
 62A-2-120.
Background check -- Direct access to children or vulnerable adults.
(1) As used in this section:
(a) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 
53-10-201
.
(b) "Personal identifying information" means:
(i) current name, former names, nicknames, and aliases;
(ii) date of birth;
(iii) physical address and email address;
(iv) telephone number;
(v) driver license number or other government-issued identification number;
(vi) Social Security number;
(vii) fingerprints, except for applicants under the age of 18, in a form specified by the
office; and
(viii) other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) Except as provided in Subsection (13), an applicant shall submit the following
to the office:
(i) personal identifying information;
(ii) a fee established by the office under Section 
63J-1-504
; and
(iii) a form, specified by the office, for consent for:
(A) an initial background check upon submission of the information described under
Subsection (2)(a);
(B) a background check at the applicant's annual renewal;
(C) a background check when the office determines that reasonable cause exists; and
(D) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(d) and (4).
(b) In addition to the requirements described in Subsection (2)(a), if an applicant spent
time outside of the United States and its territories during the five years immediately preceding
the day on which the information described in Subsection (2)(a) is submitted to the office, the
office may require the applicant to submit documentation establishing whether the applicant
was convicted of a crime during the time that the applicant spent outside of the United States or
its territories.
(3) The office:
(a) shall perform the following duties as part of a background check of an applicant:
(i) check state and regional criminal background databases for the applicant's criminal
history by:
(A) submitting personal identifying information to the Bureau for a search; or
(B) using the applicant's personal identifying information to search state and regional
criminal background databases as authorized under Section 
53-10-108
;
(ii) submit the applicant's personal identifying information and fingerprints to the
Bureau for a criminal history search of applicable national criminal background databases;
(iii) search the Department of Human Services, Division of Child and Family Services'
Licensing Information System described in Section 
62A-4a-1006
;
(iv) search the Department of Human Services, Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section 
62A-3-311.1
;
(v) search the juvenile court records for substantiated findings of severe child abuse or
neglect described in Section 
78A-6-323
; and
(vi) search the juvenile court arrest, adjudication, and disposition records, as provided
under Section 
78A-6-209
;
(b) shall conduct a background check of an applicant for an initial background check
upon submission of the information described under Subsection (2)(a);
(c) may conduct all or portions of a background check of an applicant, as provided by
rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) for an annual renewal; or
(ii) when the office determines that reasonable cause exists;
(d) may submit an applicant's personal identifying information, including fingerprints,
to the Bureau for checking, retaining, and monitoring of state and national criminal background
databases and for notifying the office of new criminal activity associated with the applicant;
(e) shall track the status of an approved applicant under this section to ensure that an
approved applicant who applies for more than one license or for direct access to a child or a
vulnerable adult in more than one human services program is not required to duplicate the
submission of the applicant's fingerprints;
(f) shall track the status of each license and each individual with direct access to a child
or a vulnerable adult and notify the Bureau when the license has expired or the individual's
direct access to a child or a vulnerable adult has ceased;
(g) shall adopt measures to strictly limit access to personal identifying information
solely to the office employees responsible for processing the applications for background
checks and to protect the security of the personal identifying information the office reviews
under this Subsection (3); and
(h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
checks.
(4) (a) With the personal identifying information the office submits to the Bureau
under Subsection (3), the Bureau shall check against state and regional criminal background
databases for the applicant's criminal history.
(b) With the personal identifying information and fingerprints the office submits to the
Bureau under Subsection (3), the Bureau shall check against national criminal background
databases for the applicant's criminal history.
(c) Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the Bureau under Subsection (3)(d), the Bureau shall:
(i) maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii) monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d) The Bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal Bureau of
Investigation Next Generation Identification System for the purpose of:
(i) being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification System and latent
prints; and
(ii) monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e) The Bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f) Upon notice from the office that a license has expired or an individual's direct
access to a child or a vulnerable adult has ceased, the Bureau shall:
(i) discard and destroy any retained fingerprints; and
(ii) notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
Investigation Next Generation Identification System.
(5) (a) After conducting the background check described in Subsections (3) and (4), the
office shall deny an application to an applicant who, within 10 years before the day on which
the applicant submits information to the office under Subsection (2) for a background check,
has been convicted of any of the following, regardless of whether the offense is a felony, a
misdemeanor, or an infraction:
(i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
animals, or bestiality;
(ii) a violation of any pornography law, including sexual exploitation of a minor;
(iii) prostitution;
(iv) an offense included in:
(A) Title 76, Chapter 5, Offenses Against the Person;
(B) Section 
76-5b-201
, Sexual Exploitation of a Minor; or
(C) Title 76, Chapter 7, Offenses Against the Family;
(v) aggravated arson, as described in Section 
76-6-103
;
(vi) aggravated burglary, as described in Section 
76-6-203
;
(vii) aggravated robbery, as described in Section 
76-6-302
;
(viii) identity fraud crime, as described in Section 
76-6-1102
; or
(ix) a conviction for a felony or misdemeanor offense committed outside of the state
that, if committed in the state, would constitute a violation of an offense described in
Subsections (5)(a)(i) through (viii).
(b) If the office denies an application to an applicant based on a conviction described in
Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
Subsection (6).
(6) (a) The office shall conduct a comprehensive review of an applicant's background
check if the applicant has:
(i) a conviction for any felony offense, not described in Subsection (5)(a), regardless of
the date of the conviction;
(ii) a conviction for a misdemeanor offense, not described in Subsection (5)(a), and
designated by the office, by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, if the conviction is within five years before the day on which the applicant
submits information to the office under Subsection (2) for a background check;
(iii) a conviction for any offense described in Subsection (5)(a) that occurred more than
years before the day on which the applicant submitted information under Subsection (2)(a);
(iv) pleaded no contest to or is currently subject to a plea in abeyance or diversion
agreement for any offense described in Subsection (5)(a);
(v) a listing in the Department of Human Services, Division of Child and Family
Services' Licensing Information System described in Section 
62A-4a-1006
;
(vi) a listing in the Department of Human Services, Division of Aging and Adult
Services' vulnerable adult abuse, neglect, or exploitation database described in Section
62A-3-311.1
;
(vii) a record in the juvenile court of a substantiated finding of severe child abuse or
neglect described in Section 
78A-6-323
; or
(viii) a record of an adjudication in juvenile court for an act that, if committed by an
adult, would be a felony or misdemeanor, if the applicant is:
(A) under 28 years of age; or
(B) 28 years of age or older and 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 a misdemeanor
offense described in Subsection (5)(a).
(b) The comprehensive review described in Subsection (6)(a) shall include an
examination of:
(i) the date of the offense or incident;
(ii) the nature and seriousness of the offense or incident;
(iii) the circumstances under which the offense or incident occurred;
(iv) the age of the perpetrator when the offense or incident occurred;
(v) whether the offense or incident was an isolated or repeated incident;
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A) actual or threatened, nonaccidental physical or mental harm;
(B) sexual abuse;
(C) sexual exploitation; or
(D) negligent treatment;
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed; and
(viii) any other pertinent information.
(c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
office shall deny an application to an applicant if the office finds that approval would likely
create a risk of harm to a child or a vulnerable adult.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules, consistent with this chapter, to establish procedures for the
comprehensive review described in this Subsection (6).
(7) Subject to Subsection (10), the office shall approve an application to an applicant
who is not denied under Subsection (5), (6), or (13).
(8) (a) The office may conditionally approve an application of an applicant, for a
maximum of 60 days after the day on which the office sends written notice to the applicant
under Subsection (11), without requiring that the applicant be directly supervised, if the office:
(i) is awaiting the results of the criminal history search of national criminal background
databases; and
(ii) would otherwise approve an application of the applicant under Subsection (7).
(b) Upon receiving the results of the criminal history search of national criminal
background databases, the office shall approve or deny the application of the applicant in
accordance with Subsections (5) through (7).
(9) A licensee may not permit an individual to have direct access to a child or a
vulnerable adult unless, subject to Subsection (10), the individual is:
(a) associated with the licensee and:
(i) the individual's application is approved by the office under this section;
(ii) the individual's application is conditionally approved by the office under
Subsection (8); or
(iii) (A) the individual has submitted the background check information described in
Subsection (2) to the office;
(B) the office has not determined whether to approve the applicant's application; and
(C) the individual is directly supervised by an individual who is licensed by the office
under this section and is associated with the licensee;
(b) (i) not associated with the licensee; and
(ii) directly supervised by an individual who is licensed by the office under this section
and is associated with the licensee;
(c) the parent or guardian of the child or the guardian of the vulnerable adult; or
(d) an individual approved by the parent or guardian of the child or the guardian of the
vulnerable adult to have direct access to the child or the vulnerable adult.
(10) An individual may not have direct access to a child or a vulnerable adult if the
individual is prohibited by court order from having that access.
(11) (a) Within 30 days after the day on which the office receives the background
check information for an applicant, the office shall give written notice to the applicant of:
(i) the office's decision regarding its background check and findings; and
(ii) a list of any convictions found in the search.
(b) With the notice described in Subsection (11)(a), the office shall also give the
applicant the details of any comprehensive review conducted under Subsection (6).
(c) If the notice under Subsection (11)(a) states that the applicant's application is
denied, the notice shall further advise the applicant that the applicant may, under Subsection
62A-2-111
(2), request a hearing in the department's Office of Administrative Hearings, to
challenge the office's decision.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules, consistent with this chapter:
(i) defining procedures for the challenge of its background check decision described in
Subsection (11)(c); and
(ii) expediting the process for renewal of a license under the requirements of this
section and other applicable sections.
(12) This section does not apply to an applicant for an initial license, or license
renewal, to operate a substance abuse program that provides services to adults only.
(13) (a) Except as provided in Subsection (13)(b), in addition to the other requirements
of this section, if the background check of an applicant is being conducted for the purpose of
licensing a prospective foster home or approving a prospective adoptive placement of a child in
state custody, the office shall:
(i) check the child abuse and neglect registry in each state where each applicant resided
in the five years immediately preceding the day on which the applicant applied to be a foster
parent or adoptive parent, to determine whether the prospective foster parent or prospective
adoptive parent is listed in the registry as having a substantiated or supported finding of child
abuse or neglect; and
(ii) check the child abuse and neglect registry in each state where each adult living in
the home of the applicant described in Subsection (13)(a)(i) resided in the five years
immediately preceding the day on which the applicant applied to be a foster parent or adoptive
parent, to determine whether the adult is listed in the registry as having a substantiated or
supported finding of child abuse or neglect.
(b) The requirements described in Subsection (13)(a) do not apply to the extent that:
(i) federal law or rule permits otherwise; or
(ii) the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A) a noncustodial parent under Section 
62A-4a-209
, 
78A-6-307
, or 
78A-6-307.5
; or
(B) a relative, other than a noncustodial parent, under Section 
62A-4a-209
, 
78A-6-307
,
or 
78A-6-307.5
, pending completion of the background check described in Subsection (5).
(c) Notwithstanding Subsections (5) through (9), the office shall deny a license or a
license renewal to a prospective foster parent or a prospective adoptive parent if the applicant
has been convicted of:
(i) a felony involving conduct that constitutes any of the following:
(A) child abuse, as described in Section 
76-5-109
;
(B) commission of domestic violence in the presence of a child, as described in Section
76-5-109.1
;
(C) abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D) endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(E) aggravated murder, as described in Section 
76-5-202
;
(F) murder, as described in Section 
76-5-203
;
(G) manslaughter, as described in Section 
76-5-205
;
(H) child abuse homicide, as described in Section 
76-5-208
;
(I) homicide by assault, as described in Section 
76-5-209
;
(J) kidnapping, as described in Section 
76-5-301
;
(K) child kidnapping, as described in Section 
76-5-301.1
;
(L) aggravated kidnapping, as described in Section 
76-5-302
;
(M) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(N) sexual exploitation of a minor, as described in Section 
76-5b-201
;
(O) aggravated arson, as described in Section 
76-6-103
;
(P) aggravated burglary, as described in Section 
76-6-203
;
(Q) aggravated robbery, as described in Section 
76-6-302
; or
(R) domestic violence, as described in Section 
77-36-1
; or
(ii) an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection (13)(c)(i).
(d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
license renewal to a prospective foster parent or a prospective adoptive parent if, within the
five years immediately preceding the day on which the individual's application or license would
otherwise be approved, the applicant was convicted of a felony involving conduct that
constitutes a violation of any of the following:
(i) aggravated assault, as described in Section 
76-5-103
;
(ii) aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii) mayhem, as described in Section 
76-5-105
;
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(e) In addition to the circumstances described in Subsection (6)(a), the office shall
conduct the comprehensive review of an applicant's background check pursuant to this section
if the registry check described in Subsection (13)(a) indicates that the individual is listed in a
child abuse and neglect registry of another state as having a substantiated or supported finding
of a severe type of child abuse or neglect as defined in Section 
62A-4a-1002
.
Section 5. Section 
62A-2-121
 is amended to read:
62A-2-121.
Access to abuse and neglect information.
(1) For purposes of this section:
(a) "Direct service worker" [
is as
] 
means the same as that term is
 defined in Section
62A-5-101
.
(b) "Personal care attendant" [
is as
] 
means the same as that term is
 defined in Section
62A-3-101
.
(2) With respect to a licensee, a certified local inspector applicant, a direct service
worker, or a personal care attendant, the department may access only the Licensing Information
System of the Division of Child and Family Services created by Section 
62A-4a-1006
 and
juvenile court records under Subsection 
78A-6-323
(6), for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
children:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a licensee that a person associated with the licensee:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2);
(b) (i) determining whether a certified local inspector applicant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a local government that a certified local inspector applicant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2);
(c) (i) determining whether a direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); or
(d) (i) determining whether a personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a person described in Subsections 
62A-3-101
[
(8)
]
(9)
(a)(i) through (iv)
that a personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2).
(3) Notwithstanding Subsection (2), the department may access the Division of Child
and Family [
Service's
] 
Services'
 Management Information System under Section 
62A-4a-1003
:
(a) for the purpose of licensing and monitoring foster parents; [
and
]
(b) for the purposes described in Subsection 
62A-4a-1003
(1)(d)
; and
(c) for the purpose described in Section 
62A-1-118
.
(4) [
After receiving identifying information for a person under Subsection
62A-2-120
(1), the
] 
The
 department shall [
process the information
] 
receive and process
personal identifying information under Subsection 
62A-2-120
(1)
 for the purposes described in
Subsection (2).
(5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
may have direct access or provide services to children when:
(a) the person is listed in the Licensing Information System of the Division of Child
and Family Services created by Section 
62A-4a-1006
; or
(b) juvenile court records show that a court made a substantiated finding under Section
78A-6-323
, that the person committed a severe type of child abuse or neglect.
Section 6. Section 
62A-2-122
 is amended to read:
62A-2-122.
Access to vulnerable adult abuse and neglect information.
(1) For purposes of this section:
(a) "Direct service worker" [
is as
] 
means the same as that term is
 defined in Section
62A-5-101
.
(b) "Personal care attendant" [
is as
] 
means the same as that term is
 defined in Section
62A-3-101
.
(2) With respect to a licensee, a certified local inspector applicant, a direct service
worker, or a personal care attendant, the department may access the database created by Section
62A-3-311.1
 for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
vulnerable adults, has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a licensee that a person associated with the licensee has a supported or
substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation;
(b) (i) determining whether a certified local inspector applicant has a supported or
substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a local government that a certified local inspector applicant has a
supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation;
(c) (i) determining whether a direct service worker has a supported or substantiated
finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; or
(d) (i) determining whether a personal care attendant has a supported or substantiated
finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a person described in Subsections 
62A-3-101
(9)(a)(i) through (iv) that a
personal care attendant has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation.
(3) [
After receiving identifying information for a person under Subsection
62A-2-120
(1), the
] 
The
 department shall [
process the information
] 
receive and process
personal identifying information under Subsection 
62A-2-120
(1)
 for the purposes described in
Subsection (2).
(4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, consistent with this chapter and Title 62A, Chapter 3, Part 3, Abuse, Neglect,
or Exploitation of a Vulnerable Adult, defining the circumstances under which a person may
have direct access or provide services to vulnerable adults when the person is listed in the
statewide database of the Division of Aging and Adult Services created by Section
62A-3-311.1
 as having a supported or substantiated finding of abuse, neglect, or exploitation.
Section 7. Section 
62A-3-104.3
 is amended to read:
62A-3-104.3.
Disbursal of public funds -- Background check of a personal care
attendant.
(1) For purposes of this section, "office" [
is as
] 
means the same as that term is
 defined
in Section 
62A-2-101
.
(2) [
Subject to Subsection (4),
] Public funds may not be disbursed to a personal care
attendant as payment for personal services rendered to an aged person or high risk adult[
,
]
unless the 
office approves the
 personal care attendant [
is approved by the office
] to have direct
access and provide services to children or vulnerable adults pursuant to Section 
62A-2-120
.
(3) For purposes of Subsection (2), the office shall conduct a background check of a
personal care attendant:
(a) who desires to receive public funds as payment for the personal services described
in Subsection (2); and
(b) using the same procedures established for a background check of an applicant for
[
an initial
] 
a
 license under Section 
62A-2-120
.
[
(4) The background check and the approval determination described in this section
shall be conducted for a personal care attendant on an annual basis.
]
Section 8. Section 
62A-4a-209
 is amended to read:
62A-4a-209.
Emergency placement.
(1) As used in this section:
(a) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
(b) "Relative" [
is as
] 
means the same as that term is
 defined in Subsection
78A-6-307
(1)(b).
(2) The division may use an emergency placement under Subsection
62A-4a-202.1
(4)(b)(ii) when:
(a) the case worker has made the determination that:
(i) the child's home is unsafe;
(ii) removal is necessary under the provisions of Section 
62A-4a-202.1
; and
(iii) the child's custodial parent or guardian will agree to not remove the child from the
home of the person that serves as the placement and not have any contact with the child until
after the shelter hearing required by Section 
78A-6-306
;
(b) a person, with preference being given in accordance with Subsection (4), can be
identified who has the ability and is willing to provide care for the child who would otherwise
be placed in shelter care, including:
(i) taking the child to medical, mental health, dental, and educational appointments at
the request of the division; and
(ii) making the child available to division services and the guardian ad litem; and
(c) the person described in Subsection (2)(b) agrees to care for the child on an
emergency basis under the following conditions:
(i) the person meets the criteria for an emergency placement under Subsection (3);
(ii) the person agrees to not allow the custodial parent or guardian to have any contact
with the child until after the shelter hearing unless authorized by the division in writing;
(iii) the person agrees to contact law enforcement and the division if the custodial
parent or guardian attempts to make unauthorized contact with the child;
(iv) the person agrees to allow the division and the child's guardian ad litem to have
access to the child;
(v) the person has been informed and understands that the division may continue to
search for other possible placements for long-term care, if needed;
(vi) the person is willing to assist the custodial parent or guardian in reunification
efforts at the request of the division, and to follow all court orders; and
(vii) the child is comfortable with the person.
(3) Except as otherwise provided in Subsection (5), before the division places a child
in an emergency placement, the division:
(a) may request the name of a reference and may contact the reference to determine the
answer to the following questions:
(i) would the person identified as a reference place a child in the home of the
emergency placement; and
(ii) are there any other relatives or friends to consider as a possible emergency or
long-term placement for the child;
(b) shall have the custodial parent or guardian sign an emergency placement agreement
form during the investigation;
(c) (i) if the emergency placement will be with a relative of the child, shall comply with
the background check provisions described in Subsection (7); or
(ii) if the emergency placement will be with a person other than a noncustodial parent
or a relative, shall comply with the criminal background check provisions described in Section
78A-6-308
 for adults living in the household where the child will be placed;
(d) shall complete a limited home inspection of the home where the emergency
placement is made; and
(e) shall have the emergency placement approved by a family service specialist.
(4) (a) The following order of preference shall be applied when determining the person
with whom a child will be placed in an emergency placement described in this section,
provided that the person is willing, and has the ability, to care for the child:
(i) a noncustodial parent of the child in accordance with Section 
78A-6-307
;
(ii) a relative of the child;
(iii) subject to Subsection (4)(b), a friend designated by the custodial parent or
guardian of the child, if the friend is a licensed foster parent; and
(iv) a shelter facility, former foster placement, or other foster placement designated by
the division.
(b) Unless the division agrees otherwise, the custodial parent or guardian described in
Subsection (4)(a)(iii) may designate up to two friends as a potential emergency placement.
(5) (a) The division may, pending the outcome of the investigation described in
Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
parent if, based on a limited investigation, prior to making the emergency placement, the
division:
(i) determines that the noncustodial parent has regular, unsupervised visitation with the
child that is not prohibited by law or court order;
(ii) determines that there is not reason to believe that the child's health or safety will be
endangered during the emergency placement; and
(iii) has the custodial parent or guardian sign an emergency placement agreement.
(b) Either before or after making an emergency placement with the noncustodial parent
of the child, the division may conduct the investigation described in Subsection (3)(a) in
relation to the noncustodial parent.
(c) Before, or within one day, excluding weekends and holidays, after a child is placed
in an emergency placement with the noncustodial parent of the child, the division shall conduct
a limited:
(i) background check of the noncustodial parent, pursuant to Subsection (7); and
(ii) inspection of the home where the emergency placement is made.
(6) After an emergency placement, the division caseworker must:
(a) respond to the emergency placement's calls within one hour if the custodial parents
or guardians attempt to make unauthorized contact with the child or attempt to remove the
child;
(b) complete all removal paperwork, including the notice provided to the custodial
parents and guardians under Section 
78A-6-306
;
(c) contact the attorney general to schedule a shelter hearing;
(d) complete the placement procedures required in Section 
78A-6-307
; and
(e) continue to search for other relatives as a possible long-term placement, if needed.
(7) (a) The background check described in Subsection (3)(c)(i) shall include:
(i) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
background check; and
(ii) a completed search of the Management Information System described in Section
62A-4a-1003
.
(b) The division shall determine whether a person passes the background check
described in this Subsection (7) pursuant to the provisions of [
Subsections
] 
Subsection
62A-2-120
[
(2), (3), and (8)
]
(13)
.
(c) Notwithstanding Subsection (7)(b), the division may not place a child with an
individual who is prohibited by court order from having access to that child.
Section 9. Section 
62A-5-103.5
 is amended to read:
62A-5-103.5.
Disbursal of public funds -- Background check of a direct service
worker.
(1) For purposes of this section[
: (a) "directly supervised" means that the person being
supervised is under the uninterrupted visual and auditory surveillance of the person doing the
supervising; and (b)
]
,
 "office" [
is as
] 
means the same as that term is
 defined in Section
62A-2-101
.
(2) [
Subject to Subsection (4),
] Public funds may not be disbursed to pay a direct
service worker for personal services rendered to a person[
,
] unless[
:
] 
the office approves the
direct service worker to have direct access and provide services to a child or a vulnerable adult
pursuant to Section 
62A-2-120
.
[
(a) subject to Subsections (5) and (7), the direct service worker is approved by the
office to have direct access and provide services to children or vulnerable adults pursuant to
Section 
62A-2-120
;
]
[
(b) except as provided in Subsection (5):
]
[
(i) during the time that the direct service worker renders the services described in this
Subsection (2), the direct service worker who renders the services is directly supervised by a
direct service worker who is approved by the office to have direct access and provide services
to children or vulnerable adults pursuant to Section 
62A-2-120
;
]
[
(ii) the direct service worker who renders the services described in this Subsection (2)
has submitted the information required for a background check pursuant to Section 
62A-2-120
;
and
]
[
(iii) the office has not determined whether to approve the direct service worker
described in Subsection (2)(b)(ii) to have direct access and provide services to children or
vulnerable adults; or
]
[
(c) except as provided in Subsection (5), the direct service worker:
]
[
(i) (A) is a direct ancestor or descendent of the person to whom the services are
rendered, but is not the person's parent;
]
[
(B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or
]
[
(C) (I) has submitted the information required for a background check pursuant to
Section 
62A-2-120
; and
]
[
(II) the office has not determined whether to approve the direct service worker to have
direct access and provide services to children or vulnerable adults; and
]
[
(ii) is not listed in:
]
[
(A) the Licensing Information System of the Division of Child and Family Services
created by Section 
62A-4a-1006
;
]
[
(B) the statewide database of the Division of Aging and Adult Services created by
Section 
62A-3-311.1
 as having a substantiated finding of abuse, neglect, or exploitation; or
]
[
(C) juvenile court records as having a substantiated finding under Section 
78A-6-323
that the direct service worker committed a severe type of child abuse or neglect.
]
(3) For purposes of Subsection (2), the office shall conduct a background check of a
direct service worker:
(a) [
except as provided in Subsection (2)(b) or (c),
] before public funds are disbursed
to pay the direct service worker for the personal services described in Subsection (2); and
(b) using the same procedures established for a background check of an applicant for
[
an initial
] 
a
 license under Section 
62A-2-120
.
[
(4) The background check and the approval determination described in this section
shall be conducted for a direct service worker on an annual basis.
]
[
(5) Notwithstanding Subsections (1) through (4), and except as provided in Subsection
(6), a
]
(4) A
 child who is in the legal custody of the department or any of the department's
divisions may not be placed with a direct service worker unless, before the child is placed with
the direct service worker, the direct service worker passes a background check, pursuant to the
requirements of [
Section 
62A-2-120
, that includes:
] 
Subsection 
62A-2-120
(13).
[
(a) submitting the direct service worker's fingerprints for an FBI national criminal
history records check, through the Criminal Investigations and Technical Services Division;
]
[
(b) checking the child abuse and neglect registry in each state where the direct service
worker resided in the five years immediately preceding the day on which the direct service
worker applied to be a direct service worker; and
]
[
(c) checking the child abuse and neglect registry in each state where each adult living
in the home where the child will be placed resided in the five years immediately preceding the
day on which the direct service worker applied to be a direct service worker.
]
[
(6) The requirements under Subsection (5) do not apply to the extent that federal law
or rule permits otherwise.
]
[
(7)
] 
(5)
 If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
Transit District Act, contracts with the division to provide services:
(a) the provisions of [
Subsections (2) through (5)
] 
this section
 are not applicable to a
direct service worker employed by the public transit district; and
(b) the division may not reimburse the public transit district for services provided
unless a direct service worker hired or transferred internally after July 1, 2013, by the public
transit district to drive a paratransit route:
(i) is approved by the office to have direct access to children and vulnerable adults in
accordance with Section 
62A-2-120
; and
(ii) is subject to a background check established in a statute or rule governing a public
transit district or other public transit district policy.
Section 10. Section 
78A-6-209
 is amended to read:
78A-6-209.
Court records -- Inspection.
(1) The court and the probation department shall keep records as required by the board
and the presiding judge.
(2) Court records shall be open to inspection by:
(a) the parents or guardian of a child, a minor who is at least 18 years of age, other
parties in the case, the attorneys, and agencies to which custody of a minor has been
transferred;
(b) for information relating to adult offenders alleged to have committed a sexual
offense, a felony or class A misdemeanor drug offense, or an offense against the person under
Title 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose
of evaluating whether an individual should be permitted to obtain or retain a license as an
educator or serve as an employee or volunteer in a school, with the understanding that the
office must provide the individual with an opportunity to respond to any information gathered
from its inspection of the records before it makes a decision concerning licensure or
employment;
(c) the Criminal Investigations and Technical Services Division, established in Section
53-10-103
, for the purpose of a criminal history background check for the purchase of a firearm
and establishing good character for issuance of a concealed firearm permit as provided in
Section 
53-5-704
;
(d) the Division of Child and Family Services for the purpose of Child Protective
Services Investigations in accordance with Sections 
62A-4a-403
 and 
62A-4a-409
 and
administrative hearings in accordance with Section 
62A-4a-1009
;
(e) the Office of Licensing for the purpose of conducting a background check of an
applicant for an initial license or a license renewal in accordance with Section 
62A-2-120
;
[
(e)
] 
(f)
 for information related to a juvenile offender who has committed a sexual
offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
Department of Health for the purpose of evaluating under the provisions of Subsection
26-39-404
(3) whether a licensee should be permitted to obtain or retain a license to provide
child care, with the understanding that the department must provide the individual who
committed the offense with an opportunity to respond to any information gathered from its
inspection of records before it makes a decision concerning licensure; and
[
(f)
] 
(g)
 for information related to a juvenile offender who has committed a sexual
offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
Department of Health to determine whether an individual meets the background screening
requirements of Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the
understanding that the department must provide the individual who committed the offense an
opportunity to respond to any information gathered from its inspection of records before it
makes a decision under that part.
(3) With the consent of the judge, court records may be inspected by the child, by
persons having a legitimate interest in the proceedings, and by persons conducting pertinent
research studies.
(4) If a petition is filed charging a minor 14 years of age or older with an offense that
would be a felony if committed by an adult, the court shall make available to any person upon
request the petition, any adjudication or disposition orders, and the delinquency history
summary of the minor charged unless the records are closed by the court upon findings on the
record for good cause.
(5) Probation officers' records and reports of social and clinical studies are not open to
inspection, except by consent of the court, given under rules adopted by the board.
(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
history summary of any person charged as an adult with a felony offense shall be made
available to any person upon request.
(b) This provision does not apply to records that have been destroyed or expunged in
accordance with court rules.
(c) The court may charge a reasonable fee to cover the costs associated with retrieving
a requested record that has been archived.
Section 11. Section 
78A-6-323
 is amended to read:
78A-6-323.
Additional finding at adjudication hearing -- Petition -- Court
records.
(1) Upon the filing with the court of a petition under Section 
78A-6-304
 by the
Division of Child and Family Services or any interested person informing the court, among
other things, that the division has made a supported finding that a person committed a severe
type of child abuse or neglect as defined in Section 
62A-4a-1002
, the court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The judicial finding under Subsection (1) shall be made:
(a) as part of the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
(c) as part of a court order entered pursuant to a written stipulation of the parties.
(3) (a) Any person described in Subsection 
62A-4a-1010
(1) may at any time file with
the court a petition for removal of the person's name from the Licensing Information System.
(b) At the conclusion of the hearing on the petition, the court shall:
(i) make a finding of substantiated, unsubstantiated, or without merit;
(ii) include the finding described in Subsection (1)(a) in a written order; and
(iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(4) A proceeding for adjudication of a supported finding under this section of a type of
abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
in the juvenile court with an adjudication of a severe type of child abuse or neglect.
(5) If a person whose name appears on the Licensing Information system prior to May
6, 2002 files a petition during the time that an alleged perpetrator's application for clearance to
work with children or vulnerable adults is pending, the court shall hear the matter and enter a
final decision no later than 60 days after the filing of the petition.
(6) For the purposes of licensing under Sections 
26-39-402
 [
and
]
,
62A-1-118
, 
and
62A-2-120
,
 and for the purposes described in Section 
62A-2-121
 and Title 26, Chapter 21, Part
2, Clearance for Direct Patient Access:
(a) the court shall make available records of its findings under Subsections (1) and (2):
(i) for those purposes; and
(ii) only to those with statutory authority to access also the Licensing Information
System created under Section 
62A-4a-1006
; and
(b) any appellate court shall make available court records of appeals from juvenile
court decisions under Subsections (1), (2), (3), and (4):
(i) for those purposes; and
(ii) only to those with statutory authority to access also the Licensing Information
System.
Section 12. 
Repealer.
This bill repeals:
Section 
62A-2-120.5
,
Pilot program for expedited background check of a qualified
human services applicant.