DAR File No. 38544

Health, Family Health and Preparedness, Child Care Licensing

Rule R430-6

Background Screening

Notice of Proposed Rule

(Amendment)

DAR File No.: 38544
Filed: 05/19/2014 03:26:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to facilitate submission of background screening documents by giving providers a more workable time frame to do so. The current five-day time requirement is stricter than those for other agencies that run background screenings.

Summary of the rule or change:

The change increases the time frame to submit identifying information of new covered individuals from five to ten working days.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

Some state agencies operate or sponsor child care programs. However, because this amendment would not change any of the requirements for child care programs, the Department does not anticipate that this rule will result in any new costs or savings to child care programs operated by state agencies.

local governments:

Some local governments operate or sponsor child care programs. However, because this amendment would not change any of the requirements for child care programs, the Department does not anticipate that this rule will result in any new costs or savings to child care programs operated by state agencies.

small businesses:

Almost all child care facilities are small businesses. However, because this amendment would not change any of the requirements for child care programs, the Department does not anticipate that this rule will result in any new costs or savings to child care programs operated by state agencies.

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

Because this rule does not alter requirements for child care providers, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses.

Compliance costs for affected persons:

Because this rule does not impose any new requirement for child care providers, the Department does not anticipate any compliance costs for affected persons.

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

This should have modest benefit to business because it makes tracking background check requirements easier.

David Patton, PhD, Executive Director

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

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

Direct questions regarding this rule to:

• Simon Bolivar at the above address, by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov

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

07/15/2014

This rule may become effective on:

07/22/2014

Authorized by:

David Patton, Executive Director

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

R430-6. Background Screening.

R430-6-1. Authority and Purpose.

This rule is promulgated pursuant to Title 26, Chapter 39. It establishes requirements for background screenings for child care programs.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

KEY: child care facilities, background screening

Date of Enactment or Last Substantive Amendment: [September 1, 2013]2014

Notice of Continuation: August 3, 2012

Authorizing, and Implemented or Interpreted Law: 26-39