26-39-404 - Disqualified individuals -- Criminal history checks -- Payment of costs.
26-39-404. Disqualified individuals -- Criminal history checks -- Payment of costs.
(1) (a) Each person requesting a residential certificate or to be licensed or to renew alicense under this chapter shall submit to the department the name and other identifyinginformation, which shall include fingerprints, of existing, new, and proposed:
(i) owners;
(ii) directors;
(iii) members of the governing body;
(iv) employees;
(v) providers of care;
(vi) volunteers, except parents of children enrolled in the programs; and
(vii) all adults residing in a residence where child care is provided.
(b) A person seeking renewal of a residential certificate or license under this section isnot required to submit fingerprints of an individual referred to in Subsections (1)(a)(i) through(vi), if:
(i) the individual has resided in Utah for the last five years;
(ii) the individual has:
(A) previously submitted fingerprints under this section for a national criminal historyrecord check; and
(B) resided in Utah continuously since that time; or
(iii) as of May 3, 1999, the individual had one of the relationships under Subsection(1)(a) with a child care provider having a residential certificate or licensed under this section andthe individual has resided in Utah continuously since that time.
(c) (i) The Utah Division of Criminal Investigation and Technical Services within theDepartment of Public Safety shall process the information required under Subsection (1)(a) todetermine whether the individual has been convicted of any crime.
(ii) The Utah Division of Criminal Investigation and Technical Services shall submitfingerprints required under Subsection (1)(a) to the FBI for a national criminal history recordcheck.
(iii) The applicant for the license or residential certificate shall pay the cost of conductinga record check under this Subsection (1)(c).
(2) (a) Each person requesting a residential certificate or to be licensed or to renew alicense under this chapter shall submit to the department the name and other identifyinginformation of any person age 12 through 17 who resides in the residence where the child care isprovided. The identifying information required for a person age 12 through 17 does not includefingerprints.
(b) The department shall access the juvenile court records to determine whether a persondescribed in Subsection (1) or (2)(a) has been adjudicated in juvenile court of committing an actwhich if committed by an adult would be a felony or misdemeanor if:
(i) the person described in Subsection (1) is under the age of 28; or
(ii) the person described in Subsection (1) is:
(A) over the age of 28; and
(B) has been convicted, has pleaded no contest, or is currently subject to a plea inabeyance or diversion agreement for a felony or misdemeanor.
(3) Except as provided in Subsection (4), a licensee under this chapter may not permit aperson who has been convicted, has pleaded no contest, or is currently subject to a plea in
abeyance or diversion agreement for any felony or misdemeanor, or if the provisions ofSubsection (2)(b) apply, who has been adjudicated in juvenile court of committing an act whichif committed by an adult would be a felony or a misdemeanor, to:
(a) provide child care;
(b) provide volunteer services for a licensed child care program or a child care programoperating under a residential child care certificate;
(c) reside at the premises where child care is provided; or
(d) function as an owner, director, or member of the governing body of a licensed childcare program or a child care program operating under a residential child care certificate.
(4) (a) The department may, by rule, exempt the following from the restrictions ofSubsection (3):
(i) specific misdemeanors; and
(ii) specific acts adjudicated in juvenile court, which if committed by an adult would bemisdemeanors.
(b) In accordance with criteria established by rule, the executive director may considerand exempt individual cases involving misdemeanors, not otherwise exempt under Subsection(4)(a) from the restrictions of Subsection (3).
Renumbered and Amended by Chapter 111, 2008 General Session