DAR File No. 30178
This filing was published in the 08/01/2007, issue, Vol. 2007, No. 15, of the Utah State Bulletin.
Human Services, Administration, Administrative Services, Licensing
R501-14
Background Screening
NOTICE OF PROPOSED RULE
DAR File No.: 30178
Filed: 07/11/2007, 08:25
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
Changes to this rule are necessary as a result of requirements established by the passage of the federal Adam Walsh Child Protection and Safety Act of 2006, and the provisions set forth in H.B. 245 Child Welfare Amendments passed during the 2007 General Session of the Utah State Legislature. (DAR NOTE: H.B. 245 (2007) is found at Chapter 152, Laws of Utah 2007, and was effective 04/30/2007.)
Summary of the rule or change:
The changes: identify new background screening requirements for prospective foster and adoptive parents as specified in the new laws mentioned above; create provisions for Live Scan fingerprint checks; clarify the role of the Human Services Department Comprehensive Review Committee; and clarify the information required from applicant in order for Office of Licensing staff to adequately conduct background screens.
State statutory or constitutional authorization for this rule:
Sections 62A-2-108.3, 62A-2-120, 62A-2-121, 62A-2-122, 62A-3-104.3, and 62A-5-103.5; Subsections 78-30-3.5(2)(a) and (8); and Section 78-30-3.6
Anticipated cost or savings to:
the state budget:
The implementation of this rule will require some initial cost for acquisition of Live Scan equipment and training of staff. On-going costs will be off-set by collection of fees as required by the federal law.
local governments:
There should be no cost to local government associated with this rule.
other persons:
There should be no costs to other persons except as indicated below under "Compliance cost for affected persons" and "Comments by the department head".
Compliance costs for affected persons:
There are no additional costs required of the affected person unless the persons choose to utilize the Live Scan fingerprint background screen. The fee for Live Scan is double the current fee for the hard copy fingerprint check, but the results are available in 48 hours versus 8 to 12 weeks.
Comments by the department head on the fiscal impact the rule may have on businesses:
Some private providers that contract with the Department will pay the fee for the background screens of their staff. Some do not, and pass that expense on to the prospective staff member. Businesses that choose to pay the fee have indicated that the quicker turn around on background clearance actually saves them money overall. Lisa-Michele Church, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Human ServicesAdministration, Administrative Services, Licensing
120 N 200 W
SALT LAKE CITY UT 84103-1500
Direct questions regarding this rule to:
Ken Stettler at the above address, by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at kstettler@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:
08/31/2007
This rule may become effective on:
09/07/2007
Authorized by:
Ken Stettler, Director
RULE TEXT
R501. Human Services, Administration, Administrative Services, Licensing.
R501-14. Background Screening.
R501-14-1. Authority and Purpose.
(1)[1.] This Rule is authorized by and implements
Sections 62A-2-108.3, 62A-2-120, 62A-2-121, 62A-2-122, 62A-3-104.3,
62A-5-103.5, 78-30-3.5(2)(a), and 78-30-3.6.
(2)[2.] This Rule establishes the circumstances
under which an applicant may have direct access or provide services to a child
or vulnerable adult when the person has a criminal history record, is listed in
the Licensing Information System or the statewide database of the Division of
Aging and Adult Services, or when juvenile court records show that a court made
a substantiated finding under Section 78-3a-320 that the person committed a
severe type of child abuse or neglect.
(3)[3.] This Rule clarifies the standards for
approving, denying, or revoking an applicant's background screening.
R501-14-2. Definitions.
(1)[1.] "Abuse" may include "severe
emotional abuse", "severe physical abuse", and "emotional
or psychological abuse", as these terms are defined in Sections 62A-4a-101
and Section 62A-3-301.
(2)[2.] "Applicant" means a person whose
identifying information is submitted to the Department of Human Services Office
of Licensing under Sections 62A-2-108.3, 62A-2-120, 62A-3-104.3, 62A-5-103.5,
78-30-3.5(2)(a), and 78-30-3.6.
(3)[3.] "BCI" means the Bureau of Criminal
Identification, and is the designated state agency of the Division of Criminal
Investigation and Technical Services Division, within the Department of Public
Safety, responsible to maintain criminal records in the State of Utah.
(4)[4.] "Child" is defined in Section
62A-2-101.
(5)[5.] "Comprehensive Review Committee"
means the Committee appointed to conduct comprehensive reviews in accordance
with Section 62A-2-120.
(6)[6.] "Direct Access" is defined in
Section 62A-2-101.
(7)[7.] "Direct Service Worker" is defined
in Section 62A-5-101.
(8)[8.] "Directly supervised" is defined
in 62A-2-120(5).
(9) "Fingerprints" means an individual's fingerprints as copied electronically through a live-scan fingerprinting device or on two ten-print fingerprint cards by a law enforcement agency, an agency approved by the BCI, or an agency approved by the Office of Licensing.
(10)[9.] "Human services program" is
defined in Section 62A-2-101.
(11)[10.] "Identifying information" means an
applicant's:
(a)[a.] current and former names, aliases, and
addresses,
(b)[b.] date of birth,
(c)[c.] social security number, and
(d)[d.] a current, valid state driver's license or
state identification card bearing the applicant's photo, current name, and
address; and
(e)[e.] Identifying information includes an
applicant's fingerprints when required by law or rule, certified copies of
applicable court records, and other records specifically requested by the
Office of Licensing.
(12)[11.] "Licensing Information System" is created
by Section 62A-4a-[116.2]1006, as a sub-part of the Division of
Child and Family Services' Management Information System created by Section
62A-4a-[116]1003.
(13)[12.] "Neglect" may include "severe
neglect", as these terms are defined in Sections 62A-4a-101 and 62A-3-301.
(14)[13.] "Personal Care Attendant" is
defined in Section 62A-3-101.
(15)[14.] "Statewide Database" of the
Division of Aging and Adult Services is created by Section 62A-3-311.1 to
maintain reports of vulnerable adult abuse, neglect, or exploitation.
(16)[15.] "Substantiated" is defined in
Sections 62A-3-301 and 62A-4a-101.
(17)[16.] "Supported" is defined in Section
62A-4a-101.
(18)[17.] "Vulnerable Adult" is defined in
Section 62A-2-101.
R501-14-3. Background Screening Procedure.
(1)[1.a.i.](a) An applicant for initial background
screening or annual background screening renewal shall legibly complete,
date and sign a background screening application and consent on a form provided
by the Office of Licensing, and attach all required identifying information.
[ii. an applicant for annual background screening
renewal shall legibly complete, date and sign a background screening
application and consent on a form provided by the Office of Licensing, and
attach all required identifying information.
](b)[A.] [a]An
applicant for annual background screening renewal shall submit a background
screening application and identifying information [no sooner than sixty days
and ]no later than fourteen days preceding the expiration date of the
current background screening approval.
(c)[iii.] [a]An applicant for initial
background screening or annual background screening renewal shall disclose
all criminal charges, including pending charges, and all supported or
substantiated findings of abuse, neglect or exploitation on the background
screening application.
(2)(a)[b. i.]
An applicant for initial background screening or annual
background screening renewal who has not continuously lived in Utah for the
five years immediately preceding the day the application is submitted shall submit
fingerprints[attach two completed ten-print fingerprint cards], and
a cashiers' check or money order for the cost of a FBI national criminal
history record check, [to]with the background screening
application.
(b) An applicant has not continuously lived in Utah for the five years immediately preceding the date of the application if the applicant has spent six or more consecutive weeks outside Utah, including but not limited to education, volunteer or employment activities, military duty, or vacations.
(c) An applicant has not continuously lived in Utah for the five years immediately preceding the date of the application if the applicant presents an out-of-state driver license or an out-of-state identification card.
(d) Notwithstanding any other provision of Rule R501-14, an applicant shall submit fingerprints if the background screening is being conducted for the purpose of licensing a prospective foster home or approving a prospective adoptive placement of a child in state custody.
(3)(a)[A.] Notwithstanding Subsection
R501-14-3(2)(a), an applicant for background screening who has continuously
lived in Utah for the five years immediately preceding the day the application
is submitted, except for time spent outside of the United States and its
territories, is not required to submit fingerprints.
(b) A[a]n applicant for annual
background screening renewal who has continuously lived in Utah at all times
since the date of the initial background screening approval is not required to
[attach fingerprint cards]submit fingerprints [or a cashiers'
check or money order for the cost of a FBI national criminal history record
check to]with the renewal application.
[B. the Office of Licensing shall only accept
ten-print fingerprint cards completed by a law enforcement agency or an agency
approved by the BCI.
ii.](4) [a]An
applicant who has lived outside of the United States during the five years
immediately preceding the date of the application shall [also ]attach an
original or certified copy of:
(a)[A.] a criminal history report from each country
lived in;
(b)[B.] a letter of honorable release from U.S.
military or full-time ecclesiastical service, from each country lived in; or
(c)[C.] other written verification of criminal
history from each country lived in, as approved by the Office of Licensing
Background Screening Unit supervisor.
(5)(a)[c.i.] [a]An applicant shall submit
the completed application and consent form, and all required identifying
information, to the applicable licensing specialist, human services program,
local government employer (for certified local inspector applicants only), the
Area Agency on Aging (for Personal Care Attendant applicants only), or the
Division of Services for People With Disabilities (for Direct Service Worker
applicants only).
(b)[ii.] [t]The applicable licensing
specialist, human services program, local government employer (for certified
local inspector applicants only), Area Agency on Aging (for Personal Care
Attendant applicants only), or Division of Services for People With
Disabilities (for Direct Service Worker applicants only), shall:
(i)[A.] inspect the applicant's state driver's
license or state identification card and make a good faith effort to determine
that it does not appear to have been forged or altered;
(ii)[B.] inspect the copy of applicant's state
driver's license or state identification card and make a good faith effort to
determine that it appears to be identical to the original; and
(iii)[C.] forward the inspected copy of applicant's
state driver's license or state identification card, the completed application
and consent form, and all other required identifying information, to the Office
of Licensing background screening unit within [three business]five
calendar days after the applicant completes and signs the application.
(6)[d.i.] [a]An application that is
illegible, incomplete, unsigned, undated, or lacks a signed consent or required
identifying information, may be returned to the individual who submitted it
without further action.
[ii. an application that is submitted later than
three business days after the applicant completes and signs the application may
be returned to the individual who submitted it without further action.
iii. an
application for annual background screening renewal that is signed or submitted
sooner than sixty days preceding the expiration date of the current background
screening approval, as required by subsection (1)(a)(ii)(A), may be returned to
the individual who submitted it without further action.
](7)[2.](a)[.] Identifying information submitted pursuant
to Sections 62A-2-108.3, 62A-2-120, 62A-3-104.3, 62A-5-103.5, 78-30-3.5(2)(a),
and 78-30-3.6 shall be used to search criminal history records, the Licensing
Information System, juvenile court records under Section 78-3a-320, and the
statewide database.
(i) Identifying information submitted in accordance with Section 62A-2-120(1)(f) shall also be used to check the child abuse and neglect registry in each state where the applicant resided in accordance with Section 62A-2-120(1)(g).
(b)[.] In
accordance with Section 62A-5-103.5, a direct service worker who is a direct
ancestor or descendant, or who is an aunt, uncle or sibling of the person to
whom services are rendered, shall be exempt from a criminal history record
search, but shall remain subject to a search of the Licensing Information
System, juvenile court records under Section 78-3a-320, and the statewide
database.
(8)[3.a.](a) Except as permitted by Section 62A-2-120(5),
an applicant for an initial background screening shall have no direct access to
a child or vulnerable adult prior to receiving written confirmation of
background screening approval from the Office of Licensing.
(b)[b.] Except as permitted by Section 62A-2-120(5),
an applicant seeking annual background screening renewal shall have no direct
access to a child or vulnerable adult after the background screening expiration
date and prior to receiving written confirmation of background screening
approval from the Office of Licensing.
(9)[4.] Upon receipt of a signed, legible, completed
application and identifying information, the Office of Licensing shall:
(a)[a.] investigate and make a preliminary
determination of whether the applicant has been charged with any crime and the
disposition of any charges; and
(b)[b.] search the Licensing Information System,
juvenile court records, and the statewide database, and make a preliminary
determination of whether the applicant has any supported or substantiated
findings of abuse, neglect or exploitation.
(10)(a)[5. a.]
The Office of Licensing may defer action on an application until the
applicant submits all additional information required by the Office of
Licensing.
(b)[b.] The Office of Licensing may deny an
application in the event that an applicant fails to provide all additional
information required by the Office of Licensing.
(11)[6.] The Office of Licensing may notify an
applicant of its preliminary determination that the applicant may have a
criminal history outside of Utah, and require an applicant to:
(a)[a.] submit [ten-print fingerprint cards completed
by a law enforcement agency or an agency approved by the BCI]fingerprints,
and a cashier's check or money order for the cost of a nationwide criminal
history check, within 15 calendar days of a letter of notification;
(b)[b.] obtain and submit a certified copy of the
applicant's criminal history or records from local, state, federal, or foreign
officials within 15 calendar days of a letter of notification.
[7. An applicant has not continuously lived in
Utah for the five years immediately preceding the date of the application if
the applicant has spent four or more consecutive weeks outside Utah, including
but not limited to education, volunteer or employment activities, military
duty, vacations, or when the applicant maintains an out-of-state driver's
license.
](12)(a)[8.a.] The
Office of Licensing shall send all written communications to the applicant or
to the applicable human services program, local government employer (for
certified local inspector applicants only), the Area Agency on Aging (for
Personal Care Attendant applicants only), or the Division of Services for
People With Disabilities (for Direct Service Worker applicants only) by
first-class mail.
(b)[b.] A human services program, local government
employer (for certified local inspector applicants only), the Area Agency on
Aging (for Personal Care Attendant applicants only), or the Division of
Services for People With Disabilities (for Direct Service Worker applicants
only) shall provide the applicant with a copy of all written communication from
the Office of Licensing within 5 calendar days after the date it is received.
(13)[9.] The applicant shall promptly notify the
Office of Licensing of any change of address while the application remains
pending.
R501-14-4. Results of Screening.
(1)(a)[1.a.] The Office of Licensing shall approve an
application for background screening in accordance with Section 62A-2-120(2).
(b)[i.] The Office of Licensing shall notify the
applicant, the applicable licensing specialist, human services program, local
government employer (for certified local inspector applicants only), the Area
Agency on Aging (for Personal Care Attendant applicants only), or the Division
of Services for People With Disabilities (for Direct Service Worker applicants
only), that the applicant's background screening application is approved.
(c)[ii.] The approval granted by the Office of
Licensing shall be valid for a period not to exceed one calendar year from the
date of approval.
[iii. Regardless of the application date, an
applicant for background screening who is associated with a licensed program
shall have an approval expiration date that is 30 calendar days prior to the
expiration date of the associated human services program's license.](i) Notwithstanding Subsection R501-14-4(1)(c),
an applicant's background screening approval that is issued for the purpose of
a preplacement adoptive evaluation in accordance with Section 78-30-3.5 shall
be valid for 18 calendar months from the date of approval.
(d)[b.] An approval granted by the Office of
Licensing shall not be transferable[.], except as provided in Section
R501-14-9.
(e)[i.] Except as provided in Section R501-14-9, [A]a
new application shall be submitted each time an applicant may have direct
access or provide services to a child or vulnerable adult at any human services
program other than the program identified on the initial application.
(2)[2.] The Office of Licensing shall deny an
application for background screening in accordance with Subsections
62A-2-120(3) and 62A-2-120-(8).
(3)[3.] The Office of Licensing shall refer an
application to the Comprehensive Review Committee for a comprehensive review in
accordance with Section 62A-2-120(4).
R501-14-5. Comprehensive Review Committee.
(1)[1.] The Director of the following Department of
Human Services divisions and offices shall appoint one member and one alternate
to serve on the Comprehensive Review Committee:
(a)[a.] the Executive Director's Office;
(b)[b.] the Division of Aging and Adult Services;
(c)[c.] the Division of Child and Family Services;
(d)[d.] the Division of Juvenile Justice Services;
(e)[e.] the Division of Services for People with
Disabilities;
(f)[f.] the Division of Substance Abuse and Mental
Health;
(g)[g.] Public Guardian; and
(h)[h.] the Office of Licensing.
(2)[2.] Comprehensive Review Committee members and
alternates shall be professional staff persons who are familiar with the
programs they represent.
(3)[3.] The appointed Office of Licensing member
shall chair the Comprehensive Review Committee as a non-voting member.
(4)[4.] Five voting members shall constitute a
quorum.
(5)[5.] The Comprehensive Review Committee shall
conduct a comprehensive review of an applicant's background screening application,
criminal history records, abuse, neglect or exploitation records, and related
circumstances, in accordance with Section 62A-2-120(4).
R501-14-6. Comprehensive Review Investigation.
(1)[1.] The Comprehensive Review Committee shall not
deny a background screening application without the Office of Licensing first
sending the applicant a written notice that:
(a)[a.] the Office is investigating the applicant's
criminal history or findings of abuse, neglect or exploitation;
(b)[b.] the applicant is encouraged to submit any
written statements or records that the applicant wants the Comprehensive Review
Committee to consider;
(c)[c.] the Comprehensive Review Committee evaluates
information using the criteria established by Section 62A-2-120(4)(b), and the
applicant may specifically address these issues; and
(d)[d.] submissions must be received within 15
calendar days of the written notice.
(2)(a)[2.a.] The Office of Licensing shall gather
information described in Section 62A-2-120(4)(b) and provide available
information to the Comprehensive Review Committee.
(b)[b.] The Office of Licensing may request
additional information from any available source, including the applicant,
victims, witnesses, investigators, the criminal justice system, law enforcement
agencies, the courts and any others it deems necessary for the comprehensive
evaluation of an application.
(i)[i.] The Office of Licensing may defer action on
an application until the applicant submits all additional information required
by the Office of Licensing.
(ii)[ii.] The Office of Licensing may deny an
application in the event that an applicant fails to provide all additional
information required by the Office of Licensing.
R501-14-7. Comprehensive Review Determination.
(1)[1.] The Comprehensive Review Committee shall
only consider applications presented by the Office of Licensing. The Comprehensive Review Committee shall
evaluate the information provided by the Office of Licensing and any
information provided by the applicant.
(2)[2.] The Comprehensive Review Committee shall
recommend approval of the background screening of an applicant [with a
criminal history ]only after a simple majority of the voting members of the
Comprehensive Review Committee determines that approval will not likely create
a risk of harm to a child or vulnerable adult.
[3. The Comprehensive Review Committee shall
recommend approval of the background screening of an applicant when juvenile
court records show that a court made a substantiated finding under Section
78-3a-320 that the applicant committed a severe type of child abuse or neglect,
the applicant is listed in the Licensing Information System, or the applicant
has a substantiated finding of vulnerable adult abuse, neglect, or exploitation
in the statewide database, only after a simple majority of the voting members
of the Comprehensive Review Committee determines that the applicant was a child
at the time of the incident that is being considered, more than ten years have
passed since the date of the incident, and approval will not likely create a
risk of harm to a child or vulnerable adult.
](3)[4.] The
Comprehensive Review Committee shall recommend denial of the background
screening of an applicant when[:
a. juvenile court
records show that a court made a substantiated finding under Section 78-3a-320
that the applicant committed a severe type of child abuse or neglect, and the
applicant was eighteen years of age or older at the time of the incident;
b. juvenile court
records show that a court made a substantiated finding under Section 78-3a-320
that the applicant committed a severe type of child abuse or neglect, the
applicant was under the age of eighteen at the time of the incident, and less
than ten years have passed since the date of the incident;
c. the applicant
is listed in the Licensing Information System, and the applicant was eighteen
years of age or older at the time of the incident;
d. the applicant
is listed in the Licensing Information System, the applicant was under the age
of eighteen at the time of the incident, and less than ten years have passed
since the date of the incident;
e. the applicant
is listed in the statewide database, has a substantiated finding of vulnerable
adult abuse, neglect, or exploitation, and the applicant was eighteen years of
age or older at the time of the incident;
f. the applicant
is listed in the statewide database, has a substantiated finding of vulnerable
adult abuse, neglect, or exploitation, the applicant was under the age of
eighteen at the time of the incident, and less than ten years have passed since
the date of the incident; or
g. ] it finds that approval will likely create a risk of harm to a child or
vulnerable adult.
(4)[5.] The Office of Licensing shall approve or
deny the applicant's background screening application in accordance with the
recommendation of the Comprehensive Review Committee, and send written
notification to the applicant, the applicant's licensing specialist, the
licensed human services program the applicant is associated with (if any), a
certified local inspector applicant's local government employer (if any), a
person described in Subsections 62A-3-101(9)(a)(i) through (iv) (if any), or a
direct service worker's employer (if any).[
6. A background
screening approval shall be valid for a period not to exceed one calendar year
from the date of approval. Regardless
of the application date, an applicant for background screening who is
associated with a licensed program shall have an approval expiration date that
is 30 calendar days prior to the expiration date of the associated human
services program's license.
7. An approval
granted by the Office of Licensing shall not be transferable.
a. a new
application shall be submitted each time an applicant may have direct access or
provide services to a child or vulnerable adult at any human services program
other than the program identified on the initial application.]
R501-14-8. Post-Approval Responsibilities.
(1)[1.] An applicant, a human services program the
applicant is associated with (if any), a certified local inspector applicant's
local government employer (if any), a person described in Subsections
62A-3-101(9)(a)(i) through (iv) (if any), and a direct service worker's
employer (if any), shall immediately notify the Office of Licensing if the
applicant is charged with any felony, misdemeanor, or infraction, or listed in
the Licensing Information System, juvenile court records under Section
78-3a-320, or the statewide database after a background screening application
is approved.
(a)[a.] An applicant who is associated with a human
services program shall immediately notify the human services program if the
applicant is charged with any felony, misdemeanor, or infraction, or listed in
the Licensing Information System, juvenile court records under Section
78-3a-320, or the statewide database.
(2)[2.] An applicant who has received an approved
background screening shall resubmit an application and identifying information
to the Office of Licensing within ten calendar days after being charged with
any felony, misdemeanor, or infraction, or being listed in the Licensing
Information System, the statewide database, or juvenile court records under
Section 78-3a-320.
(3)[3.] An applicant who has been charged with any
felony, misdemeanor, or infraction or listed in the Licensing Information
System or the statewide database, or juvenile court records under Section
78-3a-320, after a background screening application is approved shall have no
unsupervised direct access to a child or vulnerable adult until after an
application and identifying information have been resubmitted to the Office of
Licensing and a current background screening approval is received from the
Office of Licensing.
(4)(a)[4.a.] An applicant charged with an offense for
which there is no final disposition shall inform the Office of Licensing of the
current status of each case.
(b)[b.] The Office of Licensing shall determine
whether the charge could require a denial or committee review, and if so,
notify the applicant to submit a certified copy of judicial documentation that
indicates the current status of the case at least once every 3 months until
final disposition.
(c)[c.] An applicant shall submit a certified copy
of judicial documentation that indicates the current status of the case at
least once every 3 months until final disposition.
(5)[5.] The Office of Licensing may revoke the
background screening approval of an applicant who:
(a)[a.] has been charged with any felony,
misdemeanor, or infraction or is listed in the Licensing Information System,
the statewide database, or juvenile court records under Section 78-3a-320; or
(b)[b.] fails to provide required current status
information; and
(c)[c.] will likely create a risk of harm to a child
or vulnerable adult, as determined by the Office of Licensing.
(6)[6.] The Office of Licensing shall process
identifying information received pursuant to Subsection R501-14-8[.](2)
in accordance with Rule R501-14.
R501-14-9. Confidentiality.
(1)[1.] The Office of Licensing may disclose
criminal background screening information, including information acknowledging
the existence or non-existence of a criminal history, only to the Applicant,
the applicable human services program, local government employer (for certified
local inspector applicants only), the Area Agency on Aging (for Personal Care
Attendant applicants only), or the Division of Services for People With
Disabilities (for Direct Service Worker applicants only), and in accordance
with the Government Records Access and Management Act, Section 63-2-101, et
seq.
(2)[2.] Except as described below, [B]background
screening approvals may not be transferred or shared between human service
programs.
(a) A licensed child-placing agency may provide the approval granted by the Office of Licensing to the person who is the subject of the approval, another licensed child-placing agency, or the attorney for the adoptive parents, in accordance with Section 53-10-108(4).
(b) A licensed human services program may provide a copy of the approval granted by the Office of Licensing to another licensed human services program with the prior written consent of the person who is the subject of the approval.
(c) A licensed human services program may permit an individual to have direct access to a child or vulnerable adult if:
(i) the program receives a copy of the approval granted by the Office of Licensing for the person from another licensed human services program;
(ii) both the sending and receiving human services programs are licensed to provide the same categories of services to the same client populations; and
(iii) the program receives written confirmation from the Office of Licensing that the background screening approval has not expired or been revoked.
R501-14-10. Retention of Background Screening Information.
A
human services program shall retain the background screening information of all
individuals associated with the program for a minimum of eight[three]
years after the termination of the individual's association with the program.
R501-14-11. Expungement.
An applicant whose background screening application has been denied due to the applicant's criminal record may submit a new application with a certified copy of an Order of Expungement.
R501-14-12. Administrative Hearing.
A notice of agency action that denies or revokes the applicant's background screening application shall inform the applicant of the right to appeal in accordance with Administrative Rule 497-100 and Section 63-46b-0.5, et seq.
R501-14-13. Compliance.
Any licensee that is in operation on the effective date of this rule shall be given 30 days after the effective date to achieve compliance with this rule.
KEY: licensing, background screening, fingerprinting
Date of Enactment or Last Substantive Amendment: [November 16, 2005]2007
Authorizing, and Implemented or Interpreted Law: 62A-2-108 et seq.
ADDITIONAL INFORMATION
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Ken Stettler at the above address, by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at kstettler@utah.gov
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 07/27/2007 4:47 PM