Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

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NOTICES OF PROPOSED RULES DAR File No. 30178 (a)[a.] the Executive Director's Office; (b)[b.] the Division of Aging and Adult Services; (c)[c.] the Division of Child and Family Services; (d)[d.] the Division of Juvenile Justice Services; (e)[e.] the Division of Services for People with Disabilities; (f)[f.] the Division of Substance Abuse and Mental Health; (g)[g.] Public Guardian; and (h)[h.] the Office of Licensing. (2)[2.] Comprehensive Review Committee members and alternates shall be professional staff persons who are familiar with the programs they represent. (3)[3.] The appointed Office of Licensing member shall chair the Comprehensive Review Committee as a non-voting member. (4)[4.] Five voting members shall constitute a quorum. (5)[5.] The Comprehensive Review Committee shall conduct a comprehensive review of an applicant's background screening application, criminal history records, abuse, neglect or exploitation records, and related circumstances, in accordance with Section 62A- 2-120(4). R501-14-6. Comprehensive Review Investigation. (1)[1.] The Comprehensive Review Committee shall not deny a background screening application without the Office of Licensing first sending the applicant a written notice that: (a)[a.] the Office is investigating the applicant's criminal history or findings of abuse, neglect or exploitation; (b)[b.] the applicant is encouraged to submit any written statements or records that the applicant wants the Comprehensive Review Committee to consider; (c)[c.] the Comprehensive Review Committee evaluates information using the criteria established by Section 62A-2- 120(4)(b), and the applicant may specifically address these issues; and (d)[d.] submissions must be received within 15 calendar days of the written notice. (2)(a)[2.a.] The Office of Licensing shall gather information described in Section 62A-2-120(4)(b) and provide available information to the Comprehensive Review Committee. (b)[b.] The Office of Licensing may request additional information from any available source, including the applicant, victims, witnesses, investigators, the criminal justice system, law enforcement agencies, the courts and any others it deems necessary for the comprehensive evaluation of an application. (i)[i.] The Office of Licensing may defer action on an application until the applicant submits all additional information required by the Office of Licensing. (ii)[ii.] The Office of Licensing may deny an application in the event that an applicant fails to provide all additional information required by the Office of Licensing. R501-14-7. Comprehensive Review Determination. (1)[1.] The Comprehensive Review Committee shall only consider applications presented by the Office of Licensing. The Comprehensive Review Committee shall evaluate the information provided by the Office of Licensing and any information provided by the applicant. (2)[2.] The Comprehensive Review Committee shall recommend approval of the background screening of an applicant [with a criminal history ]only after a simple majority of the voting members of the Comprehensive Review Committee determines that approval will not likely create a risk of harm to a child or vulnerable adult. [3. The Comprehensive Review Committee shall recommend approval of the background screening of an applicant when juvenile court records show that a court made a substantiated finding under Section 78-3a-320 that the applicant committed a severe type of child abuse or neglect, the applicant is listed in the Licensing Information System, or the applicant has a substantiated finding of vulnerable adult abuse, neglect, or exploitation in the statewide database, only after a simple majority of the voting members of the Comprehensive Review Committee determines that the applicant was a child at the time of the incident that is being considered, more than ten years have passed since the date of the incident, and approval will not likely create a risk of harm to a child or vulnerable adult. ](3)[4.] The Comprehensive Review Committee shall recommend denial of the background screening of an applicant when[: a. juvenile court records show that a court made a substantiated finding under Section 78-3a-320 that the applicant committed a severe type of child abuse or neglect, and the applicant was eighteen years of age or older at the time of the incident; b. juvenile court records show that a court made a substantiated finding under Section 78-3a-320 that the applicant committed a severe type of child abuse or neglect, the applicant was under the age of eighteen at the time of the incident, and less than ten years have passed since the date of the incident; c. the applicant is listed in the Licensing Information System, and the applicant was eighteen years of age or older at the time of the incident; d. the applicant is listed in the Licensing Information System, the applicant was under the age of eighteen at the time of the incident, and less than ten years have passed since the date of the incident; e. the applicant is listed in the statewide database, has a substantiated finding of vulnerable adult abuse, neglect, or exploitation, and the applicant was eighteen years of age or older at the time of the incident; f. the applicant is listed in the statewide database, has a substantiated finding of vulnerable adult abuse, neglect, or exploitation, the applicant was under the age of eighteen at the time of the incident, and less than ten years have passed since the date of the incident; or g. ] it finds that approval will likely create a risk of harm to a child or vulnerable adult. (4)[5.] The Office of Licensing shall approve or deny the applicant's background screening application in accordance with the recommendation of the Comprehensive Review Committee, and send written notification to the applicant, the applicant's licensing specialist, the licensed human services program the applicant is associated with (if any), a certified local inspector applicant's local government employer (if any), a person described in Subsections 62A-3-101(9)(a)(i) through (iv) (if any), or a direct service worker's employer (if any).[ 6. A background screening approval shall be valid for a period not to exceed one calendar year from the date of approval. Regardless of the application date, an applicant for background screening who is associated with a licensed program shall have an approval expiration date that is 30 calendar days prior to the expiration date of the associated human services program's license. 46 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15
DAR File No. 30178 NOTICES OF PROPOSED RULES 7. An approval granted by the Office of Licensing shall not be transferable. a. a new application shall be submitted each time an applicant may have direct access or provide services to a child or vulnerable adult at any human services program other than the program identified on the initial application.] R501-14-8. Post-Approval Responsibilities. (1)[1.] An applicant, a human services program the applicant is associated with (if any), a certified local inspector applicant's local government employer (if any), a person described in Subsections 62A-3-101(9)(a)(i) through (iv) (if any), and a direct service worker's employer (if any), shall immediately notify the Office of Licensing if the applicant is charged with any felony, misdemeanor, or infraction, or listed in the Licensing Information System, juvenile court records under Section 78-3a-320, or the statewide database after a background screening application is approved. (a)[a.] An applicant who is associated with a human services program shall immediately notify the human services program if the applicant is charged with any felony, misdemeanor, or infraction, or listed in the Licensing Information System, juvenile court records under Section 78-3a-320, or the statewide database. (2)[2.] An applicant who has received an approved background screening shall resubmit an application and identifying information to the Office of Licensing within ten calendar days after being charged with any felony, misdemeanor, or infraction, or being listed in the Licensing Information System, the statewide database, or juvenile court records under Section 78-3a-320. (3)[3.] An applicant who has been charged with any felony, misdemeanor, or infraction or listed in the Licensing Information System or the statewide database, or juvenile court records under Section 78-3a-320, after a background screening application is approved shall have no unsupervised direct access to a child or vulnerable adult until after an application and identifying information have been resubmitted to the Office of Licensing and a current background screening approval is received from the Office of Licensing. (4)(a)[4.a.] An applicant charged with an offense for which there is no final disposition shall inform the Office of Licensing of the current status of each case. (b)[b.] The Office of Licensing shall determine whether the charge could require a denial or committee review, and if so, notify the applicant to submit a certified copy of judicial documentation that indicates the current status of the case at least once every 3 months until final disposition. (c)[c.] An applicant shall submit a certified copy of judicial documentation that indicates the current status of the case at least once every 3 months until final disposition. (5)[5.] The Office of Licensing may revoke the background screening approval of an applicant who: (a)[a.] has been charged with any felony, misdemeanor, or infraction or is listed in the Licensing Information System, the statewide database, or juvenile court records under Section 78-3a- 320; or (b)[b.] fails to provide required current status information; and (c)[c.] will likely create a risk of harm to a child or vulnerable adult, as determined by the Office of Licensing. (6)[6.] The Office of Licensing shall process identifying information received pursuant to Subsection R501-14-8[.](2) in accordance with Rule R501-14. R501-14-9. Confidentiality. (1)[1.] The Office of Licensing may disclose criminal background screening information, including information acknowledging the existence or non-existence of a criminal history, only to the Applicant, the applicable human services program, local government employer (for certified local inspector applicants only), the Area Agency on Aging (for Personal Care Attendant applicants only), or the Division of Services for People With Disabilities (for Direct Service Worker applicants only), and in accordance with the Government Records Access and Management Act, Section 63-2- 101, et seq. (2)[2.] Except as described below, [B]background screening approvals may not be transferred or shared between human service programs. (a) A licensed child-placing agency may provide the approval granted by the Office of Licensing to the person who is the subject of the approval, another licensed child-placing agency, or the attorney for the adoptive parents, in accordance with Section 53-10- 108(4). (b) A licensed human services program may provide a copy of the approval granted by the Office of Licensing to another licensed human services program with the prior written consent of the person who is the subject of the approval. (c) A licensed human services program may permit an individual to have direct access to a child or vulnerable adult if: (i) the program receives a copy of the approval granted by the Office of Licensing for the person from another licensed human services program; (ii) both the sending and receiving human services programs are licensed to provide the same categories of services to the same client populations; and (iii) the program receives written confirmation from the Office of Licensing that the background screening approval has not expired or been revoked. R501-14-10. Retention of Background Screening Information. A human services program shall retain the background screening information of all individuals associated with the program for a minimum of eight[three] years after the termination of the individual's association with the program. R501-14-11. Expungement. An applicant whose background screening application has been denied due to the applicant's criminal record may submit a new application with a certified copy of an Order of Expungement. R501-14-12. Administrative Hearing. A notice of agency action that denies or revokes the applicant's background screening application shall inform the applicant of the right to appeal in accordance with Administrative Rule 497-100 and Section 63-46b-0.5, et seq. R501-14-13. Compliance. Any licensee that is in operation on the effective date of this rule shall be given 30 days after the effective date to achieve compliance with this rule. UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 47
Page 1 and 2: UTAH STATE BULLETIN OFFICIAL NOTICE
Page 3 and 4: TABLE OF CONTENTS 1. SPECIAL NOTICE
Page 5 and 6: SPECIAL NOTICES Governor's Declarat
Page 7 and 8: DAR File No. 30172 NOTICES OF PROPO
Page 49: DAR File No. 30178 NOTICES OF PROPO
Page 61 and 62: NOTICES OF CHANGES IN PROPOSED RULE
Page 63 and 64: DAR File No. 30008 NOTICES OF CHANG
Page 65 and 66: FIVE-YEAR NOTICES OF REVIEW AND STA
Page 67 and 68: DAR File No. 30185 FIVE-YEAR NOTICE
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Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

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