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Policies and Procedures
for Conducting Background Checks


Authority

--Utah Statute provides Child Care Licensing (CCL) the authority to perform background checks under Title 26, Chapter 39, Section 404. Statute also gives authority to the Department of Workforce Services (DWS) to perform background checks under Title 35A, Chapter 3, Section 310.5; DWS contracts with CCL to perform background checks. Administrative rules governing these background checks are found in R381-100, R381-60, R381-70, R430-90, R430-50, and R430-8.

--CCL conducts background checks on all covered individuals in licensed and legally exempt child care facilities. Covered individuals include all owners, directors, members of the governing body, employees, providers of care, volunteers, individuals 12 years old and older residing in the facility where child care is provided, and anyone who has unsupervised access to children in care.
--Steps for submitting background check forms, fingerprints, and fees can be found at How to Submit Background Check Forms.


Background Check Components
The CCL background check has 9 components which encompass 4 in-state checks, 2 national checks, and 3 inter-state checks.
--The Utah checks are:
  • the criminal registry or repository check, which uses fingerprints and includes juvenile records
  • the sex offender registry or repository check for individuals 12 years old and older
  • the child abuse and neglect registry and database check for all individuals 12 years old and older
  • the sex offender registry check for all facility addresses
--The national checks are:
  • the Next Generation Identification FBI fingerprint check, including Rap Back service for individuals 18 years old and older
  • the National Crime Information Center (NCIC) National Sex Offender Registry (NSOR) check for individuals 18 years old and older
--The inter-state checks are:
  • the criminal registry or repository check in any other state where the individual has resided in the past 5 years, for individuals 18 years old and older
  • the sex offender registry or repository check in any other state where the individual has resided in the past 5 years for individuals 18 years old and older
  • the child abuse and neglect registry and database check in any other state where the individual has resided in the past 5 years for individuals 18 years old and older

Next Generation FBI Fingerprints

--The Next Generation FBI fingerprint or rap-back is a system through which the FBI will retain the covered individual's fingerprints and provide CCL with daily federal and state reports of any new charges, arrests, warrants, and/or convictions that match the individual's fingerprints. This Next Generation process allows CCL the ability to require a covered individual to be fingerprinted only once because of the continuous monitoring of the system.
--A Next Generation FBI fingerprint check is required for all covered individuals 18 years old and older. A Next Generation FBI fingerprint check is only required once, for as long as the individual is associated with any child care provider in Utah. All other background checks and fees are required every year.


Background Check Card

--When a background check is passed, a Background Check Card will be issued (if one was not previously issued) for the individual and sent to the provider. An annual background check must be done before the end of the month on the card by submitting a new Background Check Form and all required fees. A new Background Check Card will not be issued every year.
--A covered individual can use their current Background Check Card to work or volunteer at any child care facility in Utah. Providers must associate covered individuals with their facility. No fees are required if the last background check was done within the last 10 months.
--Replacement cards can be requested for a $5.00 fee.


Confidentiality

--All information regarding the covered individual's background check will be kept confidential and no details regarding the check will be released or disclosed over the phone. The provider will be notified if the individual is denied.
--When contacted by other states' child care licensing agencies, CCL will only disclose that an individual passed or did not pass a CCL background check.


Reasons for Not Passing

--Individuals may not pass the background check when they have LIS supported findings, their name appears on the Utah or national sex offender registry, they have any felony convictions, they have any Misdemeanor A convictions, or they have any of the following Misdemeanor B and C convictions: unlawful sale or furnishing alcohol to minors; sexual enticing of a minor; cruelty to animals, including dogfighting; bestiality; lewdness, including lewdness involving a child; voyeurism; providing dangerous weapons to a minor; a parent providing a firearm to a violent minor; a parent knowing of a minor's possession of a dangerous weapon; sales of firearms to juveniles; pornographic material or performance; sexual solicitation; prostitution and related crimes; contributing to the delinquency of a minor; any crime against a person; a sexual exploitation act; leaving a child unattended in a vehicle; and/or driving under the influence (DUI) while a child is present in the vehicle.
--If there is an error on a record or if the record can be expunged, it is the covered individual's responsibility to resolve the matter by contacting the Utah Department of Public Safety, Bureau of Criminal Identification. As soon as the matter is resolved, the covered individual must submit a new Background Check Form and legal documentation of the expungement, dismissal, etc.


Appeals

--An appeal can be requested when an individual does not pass a background check.
--Providers can request appeals through their Child Care Licensing Portal. Individuals can request appeals by submitting an Appeal Request form, which is available on the Child Care Licensing website.


If you have questions or concerns regarding these policies, the Background Check Form, or the background check procedure, contact the Office of Background Processes & Security at 866-320-0513 or clearance-childcare@utah.gov.


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