Policies and Procedures for Conducting Background ScreeningsAuthority
Utah Statute provides Child Care Licensing (CCL) the authority to perform background screenings under Title 26, Chapter 39, Section 404. Statute also gives authority to the Department of Work Force Services (DWS) to perform background screenings under Title 35A, Chapter 3, Section 310.5. The Office of Child Care (OCC) at DWS contracts with CCL to perform background screenings. Administrative rules governing these background checks are found in R430-6, and R986-700-751 through 756.
CCL conducts background screenings 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 (excluding parents of children enrolled in the program who are not left unsupervised), all individuals 12 and older residing in the facility where child care is provided, and anyone who has unsupervised access to children in care.
Within 10 working days of the individual becoming associated with the facility, background screening forms, fingerprints, and all applicable fees must be submitted for new Covered Individuals. Before the expiration dates of approved background screenings, new background screening forms and fees must be submitted for current Covered Individuals.A CCL background screening includes checking
- the FBI national fingerprint database, Next Generation. This is done for individuals 18 years and older, and for 16 and 17 year old 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
Normally, CCL completes a background screening and communicates the results to the provider within 10 working days from receiving a complete and authorized background screening form, fingerprints, and all required fees. Some delays may occur when additional information is required, when fingerprints are rejected, or when fingerprint results have not been received. Additional delays may occur depending on workload issues such as the additional number of individuals needing to have background screenings done, or during the transition process for the implementation of new requirements.Reasons for a Denial
Approval will be denied for any Covered Individual with a felony or misdemeanor A conviction, plea in abeyance, conversion, no contest, or diversion. Approval may also be denied for 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. Individuals listed on the Utah or National Sex Offender Registry will also be denied. 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 Screening form and legal documentation of the expungement, dismissal, etc. to CCL.Confidentiality
All information regarding the Covered Individual's background screening will be kept confidential and no details regarding the screening can be released or disclosed over the phone. The provider will be notified if the Covered Individual is denied. When contacted by other states' child care licensing agencies, CCL will only disclose that an individual cleared or did not clear a CCL background screening.Background Screening Card
When a background screening is approved, a Background Screening Card will be issued (if one was not previously issued) for the approved Covered Individual and sent to the facility. (This does not apply to Family, Friend, & Neighbor providers.) The provider must make a copy of the card and keep it in the Covered Individual's file for review by CCL. The original Background Screening Card must be given to the Covered Individual. An annual background screening must be done every year before the end of the month on the card by submitting a new online Background Screening Form and all required fees. A new Background Screening Card will not be issued every year. A Covered Individual can use their current Background Screening Card to work or volunteer at any child care facility in Utah. However, within ten working days from becoming involved with child care at a new facility, the Covered Individual must submit a background screening form and be authorized by the new facility through the child care licensing provider portal for verification and CCL approval. No fees are required if the last background screening was done within the last 10 months. Fingerprints may be required if the new facility was initially regulated after June 30, 2013, or if the facility receives or plans to receive CCDF funds and fingerprints were not previously done using the FBI Next Generation fingerprint process. Replacement cards can be requested for a $5.00 fee. If a Covered Individual has moved out of the state, a new background screening form, fingerprints, and fees must be submitted within ten working days of becoming involved with child care or moving into a facility where child care is provided.Fingerprints
Fingerprints and all required fees must be submitted if, at the time of submission:
- The Covered Individual is 18 years old or older and has not lived in Utah continuously for the past five years.
- The Covered Individual is 18 years old or older and has an out-of-state driver's license.
- The Covered Individual is 18 years old or older and is involved with a new facility.
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 only require a Covered Individual to be fingerprinted once because of the continuous monitoring of the system. A Next Generation FBI fingerprint check is required on all Covered Individuals associated with facilities that receive any monies from OCC. 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.If you have questions or concerns regarding these policies, the Background Screening Form, or the criminal background screening procedure, check the Frequently Asked Questions or call the Background Clearance Unit at 866-320-0513.