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.
Within 10 working days of the covered individual becoming associated with the facility, Background Check Forms, fingerprints, and all applicable fees must be submitted for new covered individuals. Before the expiration dates of background checks, new Background Check Forms and fees must be submitted for current covered individuals.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
Normally, CCL completes a background check and communicates the results to the provider within 10 working days from receiving a complete and authorized Background Check Form, required 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 an additional number of individuals needing to have background checks done, or during the transition process for the implementation of new requirements.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.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.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. (This does not apply to Family, Friend, & Neighbor providers.) 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. However, within ten working days from becoming involved with child care at a new facility, the provider must submit a Background Check form for the covered individual. 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 a covered individual has moved out of the state, a new background check 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 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, did not have a FBI Next Generation check, and the provider is eligible for CCDF money.
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.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 Background Checks Unit at 866-320-0513.