Background Check Policies and Procedures

Authority

  • Utah Statute provides the Office of Licensing (OL) the authority to perform child care background checks under Title 26B, Chapter 2, Section 406. 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 OL to perform background checks. Administrative rules governing these background checks are found in R381-100, R381-60, R381-70, R318-40, R430-90, R430-50, and R430-8.
  • Utah is a Compact State.
    • "Compact States" are states that have ratified the National Crime Prevention and Privacy Compact Act of 1998 in order to facilitate electronic information sharing for noncriminal justice purposes (such as employment) among the Federal Government and states.
  • Utah is a NFF State.
    • The National Fingerprint File (NFF) is a database of fingerprints, or other unique personal identification information relating to an arrested or charged individual, which is maintained by the FBI to provide positive fingerprint identification of record subjects. Only a state or territory that has ratified the Compact (a Compact State) may join the NFF program. Plus we have FBI Rap Back services, which allows us to receive daily criminal activity of individuals in the system.

Process

  • The Office of Licensing (OL) 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, caregivers, 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 and Fingerprints.

Background Check Components

  • The 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 FBI fingerprint check, which including the 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.

        FBI Rap Back Services

        • The FBI Rap Back Services is a system through which the FBI will retain the covered individual's fingerprints and provide OL with daily federal and state reports of any new charges, arrests, warrants, or convictions that match the individual's fingerprints. This process allows OL the ability to require a covered individual to be fingerprinted only once because of the continuous monitoring of the system.

        Background Check Card

        • When a new covered individual passes the background check, an electronic Background Check Card will be emailed to the provider.
        • Unless it has been more than 180 days since they worked or volunteered at a child care facility in Utah, a covered individual who passed the background check can work or volunteer at any child care facility in Utah after being associated with that facility. When it has been more than 180 days since they worked or volunteered at a child care facility in Utah, they must pass a new background check before becoming involved with children in care.

        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, the Office of Licensing will only disclose that an individual in eligible or not eligible to work in a child care facility in Utah.

        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, or they have any of the following Misdemeanor A, B and C convictions: child pornography, sexual enticing of a minor, voyeurism, a sexual exploitation act, pornographic material or performance, any crime against an individual, providing dangerous weapons or firearms to a minor, 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 is a request for an agency action review and can be requested when an individual does not pass a background check.
        • Providers can make the request through their licensing portal. Individuals without a portal can request a review by submitting an Agency Action Review Request form, which is available on the website.

        If you have questions or concerns regarding these policies, the Background Check Form, or the background check procedure, contact the Office of Background Processing at 801- 273-2812 or clearance-childcare@utah.gov.