Utah Code § 26B-2-406 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-406
§ 26B-2-406. Disqualified individuals -- Criminal history checks -- Payment of costs.
Status: in_force

(1) (a) Each exempt provider, except as provided in Subsection (1)(c), each person described in Subsection 26B-2-405(1)(a)(viii) that is not a certified provider or a licensed provider, and each person requesting a residential certificate or to be licensed or to renew a license under this part shall submit to the department the name and other identifying information, which shall include fingerprints, of existing, new, and proposed: (i) owners; (ii) directors; (iii) members of the governing body; (iv) employees; (v) providers of care; (vi) volunteers, except parents of children enrolled in the programs; and (vii) all adults residing in a residence where child care is provided. (b) (i) The Utah Division of Criminal Investigation and Technical Services within the Department of Public Safety shall process the information required under Subsection (1)(a) to determine whether the individual has been convicted of any crime. (ii) The Utah Division of Criminal Investigation and Technical Services shall submit fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record check. (iii) A person required to submit information to the department under Subsection (1) shall pay the cost of conducting the record check described in this Subsection (1)(b). (c) An exempt provider who provides care to 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 this Subsection (1), unless required by the Child Care and Development Block Grant, 42 U.S.C. Secs. 9857-9858r. (2) (a) (i) Each person requesting a residential certificate or to be licensed or to renew a license under this part and each person described in Subsection 26B-2-405(1)(a)(viii) that is not a certified provider or a licensed provider shall submit to the department the name and other identifying information of any person age 12 through 17 who resides in the residence where the child care is provided. (ii) The identifying information required for a person age 12 through 17 does not include fingerprints. (b) The department shall access the juvenile court records to determine whether a person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of committing an act which if committed by an adult would be a felony or misdemeanor if: (i) the person described in Subsection (1) is under the age of 28; or (ii) the person described in Subsection (1) is: (A) over the age of 28; and (B) has been convicted, has pleaded no contest, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor. (3) Except as provided in Subsections (4) and (5), a licensee under this part, a person described in Subsection 26B-2-405(1)(a)(viii) that is not a certified provider or a licensed provider, or an exempt provider may not permit a person who has been convicted, has pleaded no contest, or is currently subject to a plea in abeyance or diversion agreement for any felony or misdemeanor, or if the provisions of Subsection (2)(b) apply, who has been adjudicated in juvenile court of committing an act which if committed by an adult would be a felony or a misdemeanor, to: (a) provide child care; (b) provide volunteer services for a child care program or an exempt provider; (c) reside at the premises where child care is provided; or (d) function as an owner, director, or member of the governing body of a child care program or an exempt provider. (4) (a) The department may, by rule, exempt the following from the restrictions of Subsection (3): (i) specific misdemeanors; and (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be misdemeanors. (b) In accordance with criteria established by rule, the executive director may consider and exempt individual cases not otherwise exempt under Subsection (4)(a) from the restrictions of Subsection (3). (5) The restrictions of Subsection (3) do not apply to the following: (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a date 10 years or more before the date of the criminal history check described in this section; or (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense adjudicated in juvenile court on a date 10 years or more before the date of the criminal history check described in this section. (6) The department may retain background check information submitted to the department for up to one year after the day on which the covered individual is no longer associated with a Utah child care provider.