62A-5-103.5 - Disbursal of public funds -- Background check of a direct service worker.
62A-5-103.5. Disbursal of public funds -- Background check of a direct serviceworker.
(1) For purposes of this section:
(a) "directly supervised" means that the person being supervised is under theuninterrupted visual and auditory surveillance of the person doing the supervising; and
(b) "office" is as defined in Section 62A-2-101.
(2) Subject to Subsection (4), public funds may not be disbursed to pay a direct serviceworker for personal services rendered to a person, unless:
(a) subject to Subsection (5), the direct service worker is approved by the office to havedirect access and provide services to children or vulnerable adults pursuant to Section62A-2-120;
(b) except as provided in Subsection (5):
(i) during the time that the direct service worker renders the services described in thisSubsection (2), the direct service worker who renders the services is directly supervised by adirect service worker who is approved by the office to have direct access and provide services tochildren or vulnerable adults pursuant to Section 62A-2-120;
(ii) the direct service worker who renders the services described in this Subsection (2)has submitted the information required for a background check pursuant to Section 62A-2-120;and
(iii) the office has not determined whether to approve the direct service worker describedin Subsection (2)(b)(ii) to have direct access and provide services to children or vulnerableadults; or
(c) except as provided in Subsection (5), the direct service worker:
(i) (A) is a direct ancestor or descendent of the person to whom the services are rendered,but is not the person's parent;
(B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or
(C) (I) has submitted the information required for a background check pursuant toSection 62A-2-120; and
(II) the office has not determined whether to approve the direct service worker to havedirect access and provide services to children or vulnerable adults; and
(ii) is not listed in:
(A) the Licensing Information System of the Division of Child and Family Servicescreated by Section 62A-4a-1006;
(B) the statewide database of the Division of Aging and Adult Services created bySection 62A-3-311.1 as having a substantiated finding of abuse, neglect, or exploitation; or
(C) juvenile court records as having a substantiated finding under Section 78A-6-323that the direct service worker committed a severe type of child abuse or neglect.
(3) For purposes of Subsection (2), the office shall conduct a background check of adirect service worker:
(a) except as provided in Subsection (2)(b) or (c), before public funds are disbursed topay the direct service worker for the personal services described in Subsection (2); and
(b) using the same procedures established for a background check of an applicant for aninitial license under Section 62A-2-120.
(4) The background check and the approval determination described in this section shallbe conducted for a direct service worker on an annual basis.
(5) Notwithstanding Subsections (1) through (4), and except as provided in Subsection(6), a child who is in the legal custody of the department or any of the department's divisions maynot be placed with a direct service worker unless, before the child is placed with the directservice worker, the direct service worker passes a background check, pursuant to therequirements of Section 62A-2-120, that includes:
(a) submitting the direct service worker's fingerprints for an FBI national criminal historyrecords check, through the Criminal Investigations and Technical Services Division;
(b) checking the child abuse and neglect registry in each state where the direct serviceworker resided in the five years immediately preceding the day on which the direct serviceworker applied to be a direct service worker; and
(c) checking the child abuse and neglect registry in each state where each adult living inthe home where the child will be placed resided in the five years immediately preceding the dayon which the direct service worker applied to be a direct service worker.
(6) The requirements under Subsection (5) do not apply to the extent that federal law orrule permits otherwise.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session