Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 495 Fourth Substitute (2024GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires criminal background checks for certain individuals who will have direct access to patients, children, or vulnerable adults;
• requires the Division of Professional Licensing to create and maintain a registry of individuals who have committed certain offenses involving children or vulnerable adults;
• requires individuals with specific convictions or circumstances to register with the registry and provides criminal penalties for failing to register; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VULNERABLE POPULATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
General Description:
This bill concerns protections for vulnerable populations.
Highlighted Provisions:
This bill:
▸ requires criminal background checks for certain individuals who will have direct
access to patients, children, or vulnerable adults;
▸ requires the Division of Professional Licensing to create and maintain a registry of
individuals who have committed certain offenses involving children or vulnerable
adults;
▸ requires individuals with specific convictions or circumstances to register with the
registry and provides criminal penalties for failing to register; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-211
, as renumbered and amended by Laws of Utah 2022, Chapter 255
26B-2-120
, as last amended by Laws of Utah 2023, Chapter 344 and renumbered and
amended by Laws of Utah 2023, Chapter 305
58-1-106
, as last amended by Laws of Utah 2018, Chapter 318
ENACTS:
58-1-701
, Utah Code Annotated 1953
58-1-702
, Utah Code Annotated 1953
58-1-703
, Utah Code Annotated 1953
58-1-704
, Utah Code Annotated 1953
58-1-705
, Utah Code Annotated 1953
58-1-706
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-1-211
 is amended to read:
26B-1-211.
Background checks for employees -- Access to abuse and neglect
information to screen employees and volunteers.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) 
(a)
 [
Beginning
] 
Except as provided in Subsection (2)(b), beginning
 July 1, 2018,
the department may require a fingerprint-based local, regional, and national criminal history
background check and ongoing monitoring of:
[
(a)
] 
(i)
 all staff, contracted employees, and volunteers who:
[
(i)
] 
(A)
 have access to protected health information or personal identifying
information;
[
(ii)
] 
(B)
 have direct access to patients, children, or vulnerable adults as defined in
Section 
26B-2-101
;
[
(iii)
] 
(C)
 work in areas of privacy and data security;
[
(iv)
] 
(D)
 handle financial information, including receipt of funds, reviewing invoices,
making payments, and other types of financial information; and
[
(v)
] 
(E)
 perform audit functions, whether internal or external, on behalf of the
department; and
[
(b)
] 
(ii)
 job applicants who have been offered a position with the department and the
job requirements include those described in Subsection [
(2)(a)
] 
(2)(a)(i)
.
(b) (i) Except as provided in Subsection (2)(b)(ii), the department shall require a
fingerprint-based local, regional, and national criminal history background check and ongoing
monitoring for all staff, contracted employees, and volunteers under Subsection (2)(a)(i)(B).
(ii) An individual who holds a license that requires a background check under Title 58,
Occupations and Professions, on or before May 1, 2024, is exempt from the requirement under
Subsection (2)(b)(i).
(3) Beginning July 1, 2022, for the purposes described in Subsection (2), the
department may also access:
(a) the department's Management Information System created in Section 
80-2-1001
;
(b) the department's Licensing Information System created in Section 
80-2-1002
;
(c) the statewide database of the Division of Aging and Adult Services created by
Section 
26B-6-210
; and
(d) juvenile court records under Subsection 
80-3-404
(4).
(4) Each individual in a position listed in Subsection (2) shall provide a completed
fingerprint card to the department upon request.
(5) The department shall require that an individual required to submit to a background
check under Subsection (4) provide a signed waiver on a form provided by the department that
meets the requirements of Subsection 
53-10-108
(4).
(6) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(7) The department is responsible for the payment of all fees required by Subsection
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of Investigation by
the bureau.
(8) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual
upon receipt of background information;
(b) determine when an individual would be disqualified from holding a position based
on:
(i) the type of crimes and the severity of those crimes; or
(ii) one or more substantiated or supported findings of abuse, neglect, or exploitation;
and
(c) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 2. Section 
26B-2-120
 is amended to read:
26B-2-120.
Background check -- Direct access to children or vulnerable adults.
(1) As used in this section:
(a) (i) "Applicant" means, notwithstanding Section 
26B-2-101
:
(A) an individual who applies for an initial license or certification or a license or
certification renewal under this part;
(B) an individual who is associated with a licensee and has or will likely have direct
access to a child or a vulnerable adult;
(C) an individual who is associated with a health care provider and has or will likely
have direct access to a child or a vulnerable adult;
[
(C)
] 
(D)
 an individual who provides respite care to a foster parent or an adoptive
parent on more than one occasion;
[
(D)
] 
(E)
 a department contractor;
[
(E)
] 
(F)
 an individual who transports a child for a youth transportation company;
[
(F)
] 
(G)
 a guardian submitting an application on behalf of an individual, other than the
child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
and resides in a home, that is licensed or certified by the office; or
[
(G)
] 
(H)
 a guardian submitting an application on behalf of an individual, other than
the child or vulnerable adult who is receiving the service, if the individual is 12 years old or
older and is a person described in Subsection (1)(a)(i)(A), (B), (C), [
or
] (D)
, or (E)
.
(ii) "Applicant" does not include:
(A) an individual who is in the custody of the Division of Child and Family Services or
the Division of Juvenile Justice Services; or
(B) an individual who applies for employment with, or is employed by, the Department
of Health and Human Services.
(b) "Application" means a background screening application to the office.
(c) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 
53-10-201
.
(d) "Certified peer support specialist" means the same as that term is defined in Section
26B-5-610
.
(e) "Criminal finding" means a record of:
(i) an arrest or a warrant for an arrest;
(ii) charges for a criminal offense; or
(iii) a criminal conviction.
(f) "Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child.
(g) "Mental health professional" means an individual who:
(i) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and
(ii) engaged in the practice of mental health therapy.
(h) "Non-criminal finding" means a record maintained in:
(i) the Division of Child and Family Services' Management Information System
described in Section 
80-2-1001
;
(ii) the Division of Child and Family Services' Licensing Information System described
in Section 
80-2-1002
;
(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
exploitation database described in Section 
26B-6-210
;
(iv) the Sex and Kidnap Offender Registry described in Title 77, Chapter 41, Sex and
Kidnap Offender Registry, or a national sex offender registry; or
(v) a state child abuse or neglect registry.
(i) (i) "Peer support specialist" means an individual who:
(A) has a disability or a family member with a disability, or is in recovery from a
mental illness or a substance use disorder; and
(B) uses personal experience to provide support, guidance, or services to promote
resiliency and recovery.
(ii) "Peer support specialist" includes a certified peer support specialist.
(iii) "Peer support specialist" does not include a mental health professional.
(j) "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 or other government-issued identification;
(vi) social security number;
(vii) only for applicants who are 18 years old or older, fingerprints, 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.
(k) "Practice of mental health therapy" means the same as that term is defined in
Section 
58-60-102
.
(2) Except as provided in Subsection (12), an applicant or a representative shall submit
the following to the office:
(a) personal identifying information;
(b) a fee established by the office under Section 
63J-1-504
; and
(c) a disclosure form, specified by the office, for consent for:
(i) an initial background check upon submission of the information described in this
Subsection (2);
(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
licensee for 90 days;
(iii) a background check when the office determines that reasonable cause exists; and
(iv) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(d) and (4); and
(d) if an applicant resided outside of the United States and its territories during the five
years immediately preceding the day on which the information described in Subsections (2)(a)
through (c) is submitted to the office, documentation establishing whether the applicant was
convicted of a crime during the time that the applicant resided 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 Division of Child and Family Services' Licensing Information System
described in Section 
80-2-1002
;
(iv) if the applicant is applying to become a prospective foster or adoptive parent,
search the Division of Child and Family Services' Management Information System described
in Section 
80-2-1001
 for:
(A) the applicant; and
(B) any adult living in the applicant's home;
(v) for an applicant described in Subsection [
(1)(a)(i)(F)
] 
(1)(a)(i)(G)
, search the
Division of Child and Family Services' Management Information System described in Section
80-2-1001
;
(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
or exploitation database described in Section 
26B-6-210
;
(vii) search the juvenile court records for substantiated findings of severe child abuse
or neglect described in Section 
80-3-404
; and
(viii) 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 in Subsection (2);
(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 applicant under this section to ensure that the applicant is
not required to duplicate the submission of the applicant's fingerprints if the applicant applies
for:
(i) more than one license;
(ii) direct access to a child or a vulnerable adult in more than one human services
program; or
(iii) direct access to a child or a vulnerable adult under a contract with the department;
(f) shall track the status of each individual with direct access to a child or a vulnerable
adult and notify the bureau within 90 days after the day on which the license expires or the
individual's direct access to a child or a vulnerable adult ceases;
(g) shall adopt measures to strictly limit access to personal identifying information
solely to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information the office
reviews under this Subsection (3);
(h) as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any individual working in a congregate care program, shall:
(i) search the Division of Child and Family Services' Licensing Information System
described in Section 
80-2-1002
; and
(ii) require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately preceding the day on which the
applicant submits the information described in Subsection (2) to the office; and
(i) 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 that an individual's direct access to a child or a vulnerable adult has
ceased for 90 days, 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) Except as provided in Subsection (5)(b), after conducting the background check
described in Subsections (3) and (4), the office shall deny an application to an applicant who,
within three years before the day on which the applicant submits information to the office
under Subsection (2) for a background check, has been convicted of:
(i) a felony or misdemeanor involving conduct that constitutes any of the following:
(A) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
animals, or bestiality;
(B) a violation of any pornography law, including sexual exploitation of a minor or
aggravated sexual exploitation of a minor;
(C) sexual solicitation;
(D) an offense included in Title 76, Chapter 5, Offenses Against the Individual, Title
76, Chapter 5b, Sexual Exploitation Act, Title 76, Chapter 4, Part 4, Enticement of a Minor, or
Title 76, Chapter 7, Offenses Against the Family;
(E) aggravated arson, as described in Section 
76-6-103
;
(F) aggravated burglary, as described in Section 
76-6-203
;
(G) aggravated robbery, as described in Section 
76-6-302
;
(H) identity fraud crime, as described in Section 
76-6-1102
;
(I) sexual battery, as described in Section 
76-9-702.1
; or
(J) a violent offense committed in the presence of a child, as described in Section
76-3-203.10
; or
(ii) 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 Subsection (5)(a)(i).
(b) (i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
peer support provider, a mental health professional, or in a program that serves only adults with
a primary mental health diagnosis, with or without a co-occurring substance use disorder.
(ii) The office shall conduct a comprehensive review of an applicant described in
Subsection (5)(b)(i) in accordance with Subsection (6).
(6) The office shall conduct a comprehensive review of an applicant's background
check if the applicant:
(a) has a felony or class A misdemeanor conviction for an offense described in
Subsection (5) with a date of conviction that is more than three years before the date on which
the applicant submits the information described in Subsection (2);
(b) has a felony charge or conviction for an offense not described in Subsection (5)
with a date of charge or conviction that is no more than 10 years before the date on which the
applicant submits the application under Subsection (2) and no criminal findings or
non-criminal findings after the date of conviction;
(c) has a class B misdemeanor or class C misdemeanor conviction for an offense
described in Subsection (5) with a date of conviction that is more than three years after, and no
more than 10 years before, the date on which the applicant submits the information described
in Subsection (2) and no criminal findings or non-criminal findings after the date of conviction;
(d) has a misdemeanor conviction for an offense not described in Subsection (5) with a
date of conviction that is no more than three years before the date on which the applicant
submits information described in Subsection (2) and no criminal findings or non-criminal
findings after the date of conviction;
(e) is currently subject to a plea in abeyance or diversion agreement for an offense
described in Subsection (5);
(f) appears on the Sex and Kidnap Offender Registry described in Title 77, Chapter 41,
Sex and Kidnap Offender Registry, or a national sex offender registry;
(g) has 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:
(i) under 28 years old; or
(ii) 28 years old 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);
(h) has a pending charge for an offense described in Subsection (5);
(i) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 
80-2-1002
 that occurred no more than 15 years before the date on
which the applicant submits the information described in Subsection (2) and no criminal
findings or non-criminal findings dated after the date of the listing;
(j) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
neglect, or exploitation database described in Section 
26B-6-210
 that occurred no more than 15
years before the date on which the applicant submits the information described in Subsection
(2) and no criminal findings or non-criminal findings dated after the date of the listing;
(k) has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
or 
80-3-504
 that occurred no more than 15 years before the date on which the applicant submits
the information described in Subsection (2) and no criminal findings or non-criminal findings
dated after the date of the finding;
(l) (i) is seeking a position:
(A) as a peer support provider;
(B) as a mental health professional; or
(C) in a program that serves only adults with a primary mental health diagnosis, with or
without a co-occurring substance use disorder; and
(ii) within three years before the day on which the applicant submits the information
described in Subsection (2):
(A) has a felony or misdemeanor charge or conviction;
(B) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 
80-2-1002
;
(C) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
neglect, or exploitation database described in Section 
26B-6-210
; or
(D) has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
or 
80-3-504
;
(m) (i) (A) is seeking a position in a congregate care program;
(B) is seeking to become a prospective foster or adoptive parent; or
(C) is an applicant described in Subsection [
(1)(a)(i)(F)
] 
(1)(a)(i)(G)
; and
(ii) (A) has an infraction conviction for conduct that constitutes an offense or violation
described in Subsection (5)(a)(i)(A) or (B);
(B) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 
80-2-1002
;
(C) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
neglect, or exploitation database described in Section 
26B-6-210
;
(D) has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
or 
80-3-504
; or
(E) has a listing on the registry check described in Subsection (13)(a) as having a
substantiated or supported finding of a severe type of child abuse or neglect as defined in
Section 
80-1-102
; or
(n) is seeking to become a prospective foster or adoptive parent and has, or has an adult
living with the applicant who has, a conviction, finding, or listing described in Subsection
(6)(m)(ii).
(7) (a) The comprehensive review 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, mental, or financial 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) the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying.
(b) At the conclusion of the comprehensive review, the office shall deny an application
to an applicant if the office finds:
(i) that approval would likely create a risk of harm to a child or a vulnerable adult; or
(ii) an individual is prohibited from having direct access to a child or vulnerable adult
by court order.
(8) The office shall approve an application to an applicant who is not denied under this
section.
(9) (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 this section.
(b) The office may conditionally approve an application of an applicant, for a
maximum of one year 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 an out-of-state registry for providers other than foster and
adoptive parents; and
(ii) would otherwise approve an application of the applicant under this section.
(c) Upon receiving the results of the criminal history search of a national criminal
background database, the office shall approve or deny the application of the applicant in
accordance with this section.
(10) (a) A licensee or department contractor may not permit an individual to have
direct access to a child or a vulnerable adult without being directly supervised unless:
(i) the individual is associated with the licensee or department contractor and the
department conducts a background screening in accordance with this section;
(ii) the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(iii) the individual is 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;
(iv) the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(v) the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to provide the
incidental care for the foster child.
(b) Notwithstanding any other provision of this section, an individual for whom the
office denies an application may not have direct access to a child or vulnerable adult unless the
office approves a subsequent application by the individual.
(11) (a) Within 30 days after the day on which the applicant submits the information
described in Subsection (2), the office shall notify the applicant of any potentially disqualifying
criminal findings or non-criminal findings.
(b) 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
26B-2-111
(2), request a hearing in the department's Office of Administrative Hearings, to
challenge the office's decision.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules, consistent with this part:
(i) defining procedures for the challenge of the office's background check decision
described in Subsection (11)(b); and
(ii) expediting the process for renewal of a license under the requirements of this
section and other applicable sections.
(12) (a) An individual or a department contractor who provides services in an adults
only substance use disorder program, as defined by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, is exempt from this section.
(b) The exemption described in Subsection (12)(a) does not extend to a program
director or a member, as defined by Section 
26B-2-105
, of the program.
(c) An individual who would qualify as an applicant solely under Subsection
(1)(a)(i)(C) is exempt from this section if the individual, on or before May 1, 2024, holds a
license that requires a background check under Title 58, Occupations and Professions.
(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
giving clearance status to an applicant seeking a position in a congregate care program or an
applicant seeking to become a prospective foster or adoptive parent, 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 or
adoptive parent, to determine whether the prospective foster or 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 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 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B) a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, or
80-3-303
, pending completion of the background check described in Subsection (5).
(c) Notwithstanding Subsections (5) through (10), the office shall deny a clearance to
an applicant seeking a position in a congregate care program or an applicant to become a
prospective foster or 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 Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B) commission of domestic violence in the presence of a child, as described in Section
76-5-114
;
(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) human trafficking of a child, as described in Section 
76-5-308.5
;
(N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(O) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
Exploitation Act;
(P) aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(Q) aggravated arson, as described in Section 
76-6-103
;
(R) aggravated burglary, as described in Section 
76-6-203
;
(S) aggravated robbery, as described in Section 
76-6-302
;
(T) lewdness involving a child, as described in Section 
76-9-702.5
;
(U) incest, as described in Section 
76-7-102
; or
(V) 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 (10), the office shall deny a license or
license renewal to an individual seeking a position in a congregate care program or a
prospective foster or adoptive parent if, within the five years immediately preceding the day on
which the individual's application or license would otherwise be approved, the individual 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), the office shall
conduct the comprehensive review of an applicant's background check under 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 
80-1-102
.
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the office may make rules, consistent with this part, to:
(a) establish procedures for, and information to be examined in, the comprehensive
review described in Subsections (6) and (7); and
(b) determine whether to consider an offense or incident that occurred while an
individual was in the custody of the Division of Child and Family Services or the Division of
Juvenile Justice Services for purposes of approval or denial of an application for a prospective
foster or adoptive parent.
Section 3. Section 
58-1-106
 is amended to read:
58-1-106.
Division -- Duties, functions, and responsibilities.
(1) The duties, functions, and responsibilities of the division include the following:
(a) prescribing, adopting, and enforcing rules to administer this title;
(b) investigating the activities of any person whose occupation or profession is
regulated or governed by the laws and rules administered and enforced by the division;
(c) subpoenaing witnesses, taking evidence, and requiring by subpoena duces tecum
the production of any books, papers, documents, records, contracts, recordings, tapes,
correspondence, or information relevant to an investigation upon a finding of sufficient need by
the director or by the director's designee;
(d) taking administrative and judicial action against persons in violation of the laws
and rules administered and enforced by the division, including the issuance of cease and desist
orders;
(e) seeking injunctions and temporary restraining orders to restrain unauthorized
activity;
(f) complying with Title 52, Chapter 4, Open and Public Meetings Act;
(g) issuing, refusing to issue, revoking, suspending, renewing, refusing to renew, or
otherwise acting upon any license;
(h) preparing and submitting to the governor and the Legislature an annual report of the
division's operations, activities, and goals;
(i) preparing and submitting to the executive director a budget of the expenses for the
division;
(j) establishing the time and place for the administration of examinations; [
and
]
(k) preparing lists of licensees and making these lists available to the public at cost
upon request unless otherwise prohibited by state or federal law[
.
]
; and
(l) complying with the requirements described in Part 7, Vulnerable Population Abuse
Registry.
(2) The division may not include home telephone numbers or home addresses of
licensees on the lists prepared under Subsection (1)(k), except as otherwise provided by rules
of the division made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(3) (a) The division may provide the home address or home telephone number of a
licensee on a list prepared under Subsection (1) upon the request of an individual who provides
proper identification and the reason for the request, in writing, to the division.
(b) A request under Subsection (3)(a) is limited to providing information on only one
licensee per request.
(c) The division shall provide, by rule, what constitutes proper identification under
Subsection (3)(a).
(4) (a) Notwithstanding any contrary provisions in Title 63G, Chapter 2, Government
Records Access and Management Act, the division may share licensee information with:
(i) the division's contracted agents when sharing the information in compliance with
state or federal law; and
(ii) a person who is evaluating the progress or monitoring the compliance of an
individual who has been disciplined by the division under this title.
(b) The division may make rules to implement the provisions of this Subsection (4).
(5) All rules made by the division under this title shall be made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 4. Section 
58-1-701
 is enacted to read:
Part 7. Vulnerable Population Abuse Registry
 58-1-701.
Definitions.
As used in this part:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Conviction" means the same as the term "convicted" is defined in Section
76-3-201
.
(3) "Correctional facility" means the same as that term is defined in Section 
64-13-1
.
(4) "Department" means the Department of Corrections.
(5) "Offender" means an individual required to register as provided in Section
58-1-703
.
(6) (a) "Online identifier" means an email, chat, instant messenger, social networking,
or similar name used for Internet communication.
(b) "Online identifier" does not mean a date of birth, social security number, PIN
number, or Internet password.
(7) "Primary residence" means the location where the offender regularly resides, even
if the offender intends to move to another location or return to another location at a future time.
(8) "Register" means to comply with the requirements of this part and the rules made
by the division under this part.
(9) "Registry website" means the Vulnerable Population Abuse Registry website
described in Section 
58-1-702
 and the information on the website.
(10) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
Driving Under the Influence and Reckless Driving.
Section 5. Section 
58-1-702
 is enacted to read:
 58-1-702.
Vulnerable Population Abuse Registry -- Division and agency
requirements.
(1) The division shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate
information on offenders;
(b) make information listed in Subsection (2)(a) available to the public;
(c) share information provided by an offender under this part that may not be made
available to the public under Subsection (2)(a):
(i) for the purposes of this part; or
(ii) in accordance with Section 
63G-2-206
;
(d) ensure that information is entered into the registry in a timely manner;
(e) maintain the registry website;
(f) index the registry website by:
(i) the surname of the offender; and
(ii) postal code;
(g) include on the registry website a disclaimer that informs the public that:
(i) the information contained on the registry website is obtained from offenders and
government records and the division does not guarantee the registry website's accuracy or
completeness;
(ii) members of the public are not allowed to use information from the registry website
to harass or threaten an offender or a member of an offender's family; and
(iii) harassment, stalking, or threats against an offender or an offender's family is
prohibited and may violate Utah criminal laws; and
(h) construct and maintain the registry website so that before a user may access registry
website information, the user is required to indicate that the user has read and agrees to comply
with the terms of the disclaimer described in Subsection (1)(g).
(2) (a) Except as provided in Subsection (2)(c), the registry website shall include for
each offender:
(i) the offender's name;
(ii) any aliases by which the offender is known, but not including any online
identifiers;
(iii) the postal code of the offender's primary residence;
(iv) the offender's physical description, including date of birth, height, weight, eye
color, and hair color;
(v) a current photograph of the offender;
(vi) the offenses listed in Section 
58-1-703
 of which the offender has been convicted;
and
(vii) any other relevant identifying information as determined by the division.
(b) The information described in Subsection (2)(a) may be obtained from court records,
prison or jail booking records, driver license records, or another source that is lawfully
available to the division.
(c) The division shall redact the names, addresses, phone numbers, and other
information that, if disclosed, specifically identifies individual victims.
(3) A court shall, within three business days after the day on which a conviction is
entered for an offense listed in Section 
58-1-703
, forward a signed copy of the conviction to the
division.
(4) If an offender is in the custody of the department, the department shall register the
offender upon the offender's:
(a) release from confinement based on parole status, termination or expiration of
sentence, or escape; or
(b) entrance to or release from a community-based residential treatment program
operated by or under contract with the department.
(5) If an offender is not in the custody of the department and is confined in a
correctional facility not operated by or under contract with the department, the sheriff of the
county in which the offender is confined shall register the offender upon the offender's release
from confinement.
(6) If an offender is in the custody of the Division of Juvenile Justice Services, the
Division of Juvenile Justice Services shall register the offender with the division before
releasing the offender from custody.
(7) An agency in the state that registers an offender on probation, an offender who has
been released from confinement to parole status or termination, or an offender whose sentence
has expired, shall inform the offender of the duty to comply with the continuing registration
requirements of this part during the offender's period of registration.
(8) The division and any individual or entity acting at the request of or upon the
direction of the division are:
(a) immune from civil liability for damages; and
(b) presumed to have acted in good faith by reporting, processing, and posting the
information in the registry.
(9) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this part.
Section 6. Section 
58-1-703
 is enacted to read:
 58-1-703.
Individuals who are required to register -- Registerable offenses.
(1) An individual is required to register with the division if the individual:
(a) has a conviction for one or more of the following offenses:
(i) Section 
76-5-110
, abuse or neglect of a child with a disability;
(ii) Section 
76-5-111
, abuse of a vulnerable adult;
(iii) Section 
76-5-111.2
, aggravated abuse of a vulnerable adult;
(iv) Section 
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(v) Section 
76-5-111.4
, financial exploitation of a vulnerable adult;
(vi) Section 
76-5-112.5
, endangerment of a child or vulnerable adult; or
(vii) attempting, soliciting, or conspiring to commit an offense listed in Subsections
(1)(a)(i) through (vi); or
(b) (i) has been convicted of a crime, or an attempt, solicitation, or conspiracy to
commit a crime, in another jurisdiction, including a state, federal, or military court, that is
substantially equivalent to the offenses listed in Subsection (1)(a); and
(ii) (A) is a Utah resident; or
(B) is not a Utah resident, but who, in any 12-month period, is in this state for a total of
or more days, regardless of whether the individual intends to permanently reside in this
state;
(c) was found not guilty by reason of insanity in this state of an offense under
Subsection (1)(a) or in another jurisdiction under circumstances that would require registration
under Subsection (1)(b); or
(d) was adjudicated delinquent based on one or more offenses listed in Subsection
(1)(a) and who has been committed to the Division of Juvenile Justice Services for that offense
and remains in the custody of the Division of Juvenile Justice Services 30 days before the
individual's 21st birthday.
(2) An individual who is required to register under this section shall register as an
offender as described in Section 
58-1-704
.
Section 7. Section 
58-1-704
 is enacted to read:
 58-1-704.
Registration on Vulnerable Population Abuse Registry -- Offender
responsibilities.
(1) An offender with a conviction for any offense listed in Section 
58-1-703
 shall
remain on the registry for:
(a) a period of 10 years after the day on which the offender completes the offender's
sentence for a misdemeanor conviction; and
(b) a lifetime period for a felony conviction.
(2) (a) The registration requirement described in Subsection (1) is not subject to
exemptions and may not be terminated or altered.
(b) An offender is required to remain on the registry as described in Subsection (1)
even if the offender's offense is expunged under Title 77, Chapter 40a, Expungement, or
reduced to a lower degree of offense under Section 
76-3-402
.
(3) (a) An offender who is required to register under Section 
58-1-703
 shall register
with the division to be included on the registry in the manner prescribed by the division no later
than 30 days after the day on which:
(i) the offender's sentence is entered, if the offender is not subject to confinement as
part of sentencing;
(ii) the offender is released from confinement; or
(iii) the offender is present in the state for 30 or more days.
(b) For the duration that an offender is required to register under Subsection (1), the
offender shall register:
(i) every year during the month of the offender's date of birth, and pay a $100 fee to the
division; and
(ii) within three business days of the offender's change of:
(A) primary residence; or
(B) place of employment.
(c) An offender shall provide the division with the following information:
(i) all names and aliases by which the offender is or has been known;
(ii) the address of the offender's primary residence;
(iii) a physical description, including the offender's date of birth, height, weight, eye
color, and hair color;
(iv) a current photograph of the offender;
(v) telephone numbers used by the offender;
(vi) a copy of the offender's passport, if a passport has been issued to the offender;
(vii) all professional licenses that authorize the offender to engage in an occupation or
carry out a trade or business, including any identifiers, such as numbers;
(viii) the name, telephone number, and address of the offender's place of employment;
(ix) the name, telephone number, and address of any place that the offender works as a
volunteer;
(x) the offender's social security number; and
(xi) if relevant to the offender's offense, the offender's online identifiers.
(4) (a) An offender may change the offender's name in accordance with Title 42,
Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.
(b) Notwithstanding Section 
42-1-2
, an offender shall provide notice to the division at
least 30 days before the day on which the hearing for the name change is held.
(c) The court shall provide a copy of the order granting the offender's name change to
the division within 10 days after the day on which the court issues the order.
(d) If the court orders an offender's name changed, the division shall publish on the
registry website the offender's former name, and the offender's changed name as an alias.
(5) The division shall deposit fees collected from an offender under Subsection
(3)(b)(i) into the General Fund as a dedicated credit, to be used by the division for maintaining
the registry under this part and monitoring offender registration compliance, including the costs
of:
(a) data entry;
(b) processing registrations;
(c) updating registration information; and
(d) ensuring offender compliance with registration requirements under this part.
Section 8. Section 
58-1-705
 is enacted to read:
 58-1-705.
Penalties for failure to register.
(1) An offender who knowingly fails to register as required under Subsection
58-1-704
(3) or provides false or incomplete information is guilty of a class A misdemeanor.
(2) An offender who violates Subsection (1) shall be sentenced to serve a term of
imprisonment of not less than 30 days.
(3) (a) The Board of Pardons and Parole or a court may not release an offender who is
serving a term of imprisonment under Subsection (2).
(b) Subsection (3)(a) supersedes any contrary provision of law.
Section 9. Section 
58-1-706
 is enacted to read:
 58-1-706.
Classification of information.
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
Act, information under Subsection 
58-1-702
(2)(a) is public information, unless otherwise
restricted under Subsection 
58-1-702
(2)(c).
Section 10. 
Effective date.
This bill takes effect on May 1, 2024.