Policies and Procedures for Conducting Background ChecksAuthority
--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 R430-6, and R986-700-751 through 756.
--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 can be found at How to Submit Background Check Forms.A CCL background check includes looking at:
- the FBI national fingerprint database, Next Generation (This is done for covered individuals 18 years and older, and for 16 and 17 year old covered individuals who are assistant caregivers.)
- UCJIS (Utah Criminal Justice Information System)
- Utah Juvenile Criminal History
- Utah Court Exchange
- LIS (Licensing Information System) in Human Services (LIS lists individuals with substantiated cases of child abuse and neglect.)
- Utah and National Sex Offender Registry names of individuals and facility address
--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 associated with providers that receive CCDF money. 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.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
--The following will not pass the background check: a covered individual with a felony or misdemeanor A conviction, plea in abeyance, conversion, no contest, or diversion; a covered individual with specific misdemeanor B or C convictions, such as offenses against a person, pornography, prostitution or any type of sexual offense, simple assault, lewdness, child abuse, contributing to the delinquency of a minor, selling or supplying alcohol to a minor, and animal cruelty; and a covered individual listed on the Utah or National Sex Offender Registry. --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.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. No fees are required if the last background check was done within the last 10 months. Fingerprints may be required if the new provider was initially regulated after June 30, 2013, or if the new provider receives or plans to receive CCDF money and there was no FBI Next Generation check done. --Replacement cards can be requested for a $5.00 fee.If you have questions or concerns regarding these policies, the Background Check Form, or the background check procedure, check the Frequently Asked Questions or call the Office of Background Processes & Security at 866-320-0513.