Utah Admin. Code R430-8-5 - Background Check s

(1) An exempt provider who cares for a qualifying child as part of a program administered by an educational institution that is regulated by the State Board of Education is not subject to the background check requirements listed under this section, unless required by the Child Care and Development Block Grant, 42 U.S.C. Sec. 9857 - 9858r.

(2) Except as outlined in Subsection R430-8-5(1), the requirements of this section apply to:

(a) each facility listed in Section R430-8-4; and

(b) any unlicensed residential child care provider, except for sporadic care, who provides care:

(i) for eight or less qualifying children at one time or for up to ten qualifying children including their own;

(ii) for more than two days a week; and

(iii) in the provider's home for four or more hours a day.

(3) In addition to the requirements of this subsection, each provider as described in Subsection R430-8-5(2)(b) shall:

(a) register with OL to facilitate the OBP background check process in accordance with this section; and

(b) care for no more than two children under the age of three.

(4) The provider shall submit to OBP background checks and fees for each covered individual as defined in Subsection R430-8-2(7).

(5) Before a new covered individual becomes involved with child care, the provider must use the licensing provider portal search to verify that the individual is eligible and either:

(a) associate that individual with their facility; or

(b) not associate the individual if the individual is associated with another CCL facility and the new individual will be at the facility for no more than one business day.

(6) Before a new covered individual who does not appear in the licensing provider portal search becomes involved with child care in the program, the provider must:

(a) have the individual submit an online background check form and fingerprints for individuals age 16 years old and older, except for individuals 12-17 years old who are listed as household members;

(b) authorize the individual's background check through the licensing provider portal;

(c) pay any required fees; and

(d) only allow the individual to be involved with child care if they have an eligible OBP background check determination.

(7) To keep their background check eligibility current, the provider shall also ensure that a new background check form and fingerprints are submitted and authorized and fees are paid for any covered individual who has:

(a) not been associated with an active, OBP-approved child care facility within the past 180 days;

(b) resided outside of Utah since their last background check was completed; or

(c) turned 18 years old and has not previously submitted fingerprints for an OBP background check. If the 18-year-old has previously submitted fingerprints for an OBP background check, only a new background check application will be required.

(8) The provider shall ensure that fingerprints are prepared by a local law enforcement agency or an agency approved by local law enforcement.

(9) If fingerprints are submitted electronically through live scan, the provider shall ensure that the agency taking the fingerprints is one that follows the OBP's guidelines.

(10) OBP may consider a covered individual not eligible for any of the following reasons:

(a) a pending charge for a felony offense;

(b) any felony conviction;

(c) any of the reasons listed under Subsection (11);

(d) LIS supported findings that occurred no more than 15 years from the date the application was submitted;

(e) the covered individual knowingly makes a false statement related to their background check;

(f) the covered individual's name appears on the Utah or national sex offender registry; or

(g) the covered individual refuses to consent to the criminal background check.

(11) OBP may also consider a covered individual not eligible if the individual has been convicted, has pled no contest, or is currently subject to a plea and abeyance or diversion agreement for any of the following pending charges or convictions, regardless of severity:

(a) child pornography;

(b) driving under the influence while a child is present in the vehicle;

(c) lewdness involving a child;

(d) pornographic material or performance;

(e) providing dangerous weapons or firearms to a minor;

(f) sexual battery;

(g) sexual enticing of a minor;

(h) sexual exploitation;

(i) voyeurism; or

(j) any crime against an individual.

(12) OBP shall consider a covered individual eligible if the only background finding is a conviction or plea of no contest to a nonviolent drug offense that occurred ten or more years before the OBP background check was conducted.

(13) If the provider is deemed not eligible by OBP, OL may suspend or deny their license until the reason for the background check finding is resolved.

(14) If a covered individual is deemed not eligible by OBP, including that the individual has been convicted, has pleaded no contest, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor, the provider shall prohibit that individual from being employed by the child care program or residing at the facility until the reason for the background check finding is resolved.

(15) If OBP denies a covered individual a license or employment based upon the criminal background check and the covered individual disagrees with the information provided by the Department of Public Safety (DPS), they may appeal the information to the DPS.

(16) The provider and the covered individual shall notify OBP within 48 hours of becoming aware of the covered individual's arrest warrant, felony, or misdemeanor arrest, charge, conviction, or LIS supported finding. Failure to notify OBP within 48 hours may result in disciplinary action, including revocation of the license.

(17) The OBP director or designee may consider any additional relevant background information in making the decision to grant, deny, or continue an eligible determination on a background check, including:

(a) intervening circumstances regarding an offense or finding;

(b) steps taken to correct or improve since any offense or finding;

(c) surrounding circumstances of an offense or finding;

(d) the length of time since an offense or finding; and

(e) the type and number of offenses or findings.

(18)

(a) OBP shall rely on relevant information from Subsections (10) and (11) as conclusive evidence and may deny a covered individual based on that information.

(b) When a covered individual is no longer associated with the program, the provider shall separate that employee from the program's roster in the online system within five days of the covered individual's separation from the program.

(c) A covered individual may resubmit a denied application to OBP no sooner than two years from the date of separation or upon substantial change to the covered individual's circumstances.

(19) If OBP determines evidence exists that a covered individual has been arrested or charged with an offense that may be denied under Subsections (10) and (11), the Division of Licensing and Background Checks may act to protect the health and safety of a child.

(20) The provider may only allow a covered individual with a pending arrest or criminal charge to access a child when:

(a) OBP has authorized conditional access; and

(b) the provider can demonstrate to OBP that the work arrangement does not pose a threat to the health or safety of any child.

(21) A covered individual may request a hearing, in accordance with Section R497-100-5, within 15 calendar days of being informed in writing of any OBP decision.

Notes

Utah Admin. Code R430-8-5

Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018 Amended by Utah State Bulletin Number 2020-05, effective 2/25/2020 Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020 Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022 Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023 Amended by Utah State Bulletin Number 2025-10, effective 5/8/2025