1. (1) "Abuse" means the same as defined in Sections 26B-6-201 and 80-1-102 and may include severe abuse, severe neglect, and sexual abuse.
2. (2) "Applicant" means the same as defined in Section 26B-2-120 and includes anyone associated with a licensee as defined in Section 26B-2-101 and any person whose identifying information is submitted to OBP under Sections 26B-2-120, 26B-6-107, 26B-6-410, 78B-6-128, and 78B-6-131.
3. (3) "BCI" means the Bureau of Criminal Identification and is the designated state agency of the Division of Criminal Investigation and Technical Services Division within the Department of Public Safety that is responsible for maintaining criminal records.
4. (4) "Child" means the same as defined in Section 26B-2-101.
5. (5) "Child placing" means the same as defined in Section 26B-2-101.
6. (6) "Clearance" means the determination level OBP is statutorily required to make, based on the provider the applicant is associated with in DACS.
7. (7) "Comprehensive review" means the same as outlined in Subsection 26B-2-120(7)(a).
8. (8) "Congregate care program" means the same as defined in Section 26B-2-101 and may be referred to as a youth residential program in rules under Title R501.
9. (9) "Criminal finding" means the same as defined in Section 26B-2-120.
10. (10) "DAAS statewide database" means the Division of Aging and Adult Services database created by Section 26B-6-210 to maintain reports of vulnerable adult abuse, neglect, or exploitation.
11. (11) "DACS" or "Direct Access Clearance System" means the online system used by the Division of Licensing and Background Checks (DLBC) for maintaining background check information and determinations.

12. (12)(a) "Determination" means the listing of results of OBP's statutorily-guided review of criminal and non-criminal findings in DACS.

    1. (b) OBP may determine an applicant is:

       1. (i) eligible for conditional hire or conditional approval under conditions outlined in Subsection R501-14-7(2);
       2. (ii) eligible for hire or approval and may work unsupervised;
       3. (iii) not eligible for hire and may not work; or
       4. (iv) supervised only to work under direct supervision of another employee with an eligible department clearance while in the presence of a client or client record.
13. (13) "Direct access" means the same as defined in Section 26B-2-101.
14. (14) "Direct service worker" means the same as defined in Section 26B-6-401.
15. (15) "Directly supervised" means the same as defined in Section 26B-2-101.
16. (16) "Fingerprints" means an applicant's fingerprints as copied electronically through a fingerprint scanning device or on two ten-print fingerprint cards by a law enforcement agency, an agency approved by the BCI, or a provider representative.
17. (17) "Foster home" means the same as defined in Section 26B-2-101.
18. (18) "Harm" means the same as defined in Subsection R380-600-2(17).
19. (19) "Human Services Program" means the same as defined in Section 26B-2-101.
20. (20) "Licensee" means the same as defined in Section 26B-2-101.
21. (21) "Licensing Information System" or "LIS" means the system created by Section 80-2-1002, as a sub-part of the Division of Child and Family Services' Management Information System (MIS) created by Section 80-2-1001.
22. (22) "Neglect" means the same as defined in Sections 26B-6-201 and 80-1-102.
23. (23) "Non-criminal finding" means the same as defined in Section 26B-2-120.
24. (24) "OBP" means the Office of Background Processing within the DLBC.
25. (25) "Personal identifying information" means the same as defined in Section 26B-2-120 and includes a government-issued photo identification or government-issued document identifying requested information.
26. (26) "Program" means a human services program as defined in Section 26B-2-101.
27. (27) "Provider" means the same as defined in Section R380-600-2.

28. (28)(a) "Provider representative" means the individual or individuals responsible, on the program's behalf, to:

    1. (i) ensure information remains current in DACS for each applicant and program;

       1. (ii) enter applications for each applicant;
       2. (iii) initiate, maintain, and monitor background communications with OBP;
       3. (iv) protect personal identifying information; and
       4. (v) verify employment.
    2. (b) "Provider representative" also means a background screening agent under Title R501.
29. (29) "Rapback system" means the same as defined in Section 53-10-108.

30. (30)(a) "Reside" means retaining a residence for six or more consecutive months.

    1. (b) Reside does not mean religious, educational, or military service as long as the primary state of residence is maintained.
31. (31) "Supported" means the same as defined in Sections 26B-6-201 and 80-1-102.
32. (32) "Vulnerable adult" means the same as defined in Section 26B-2-101.

KEY: licensing, background screening, background check, fingerprinting, human services

Date of Last Change: July 2, 2025

Notice of Continuation: August 22, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-120; 26B-2-121; 26B-2-122