1. (1) A provider representative shall ensure that an applicant for an initial background check completes the required application fields and disclosure statements to authorize OBP's continual monitoring of the applicant's fingerprints and applicable state registries.
2. (2) An applicant shall disclose any criminal findings, including pending charges, and any non-criminal findings during the background check application process.

3. (3)(a) An applicant may provide disclosure statements and related documents as direct attachments to the application to be uploaded into DACS by a provider representative or directly emailed to OBP.

   1. (b) If an applicant submits a sealed envelope, the provider representative shall forward it unopened to OBP.

4. (4) OBP will conduct the highest level clearance, including out-of-state child abuse and neglect registry checks, for any of the following applicants who have lived out-of-state within the past five years:

   1. (a) a prospective foster parent or prospective adoptive parent;
   2. (b) an adult in the home of a prospective foster parent or prospective adoptive parent; and
   3. (c) an applicant seeking a position in a congregate care program.

5. (5)(a) An applicant applying to work in a congregate care program who has resided outside of Utah within the five years immediately before the date of the background check application shall provide a child abuse and neglect registry record for each state in which the applicant has resided within those five years.

   1. (b) Instructions for obtaining out-of-state child abuse and neglect registry records from each state are found on the DLBC website.
   2. (c) Out-of-state child abuse and neglect registry records are not required a second time for a background check transfer or renewal as long as a record from every state the applicant has resided in over the past five years has been previously submitted and reviewed by OBP.
   3. (d) Any applicant for prospective foster or adoptive care is not required to submit the applicant's own out-of-state child abuse and neglect registry records, as they are included in the background check conducted by OBP.

   4. (e) A congregate care program provider who is not department-contracted shall supervise an applicant experiencing delays in receiving a requested out-of-state registry record while the record is pending, unless:

      1. (i) the applicant has initiated the out-of-state record search and the search is actively in progress; and
      2. (ii) OBP otherwise approves the applicant's background check with no comprehensive review required.
   5. (f) OBP may not issue a renewal clearance if the original out-of-state registry results have not been provided to OBP within the 12-month initial clearance time frame.
   6. (g) The allowance outlined in Subsection (d) does not apply to a department-contracted congregate care program provider.

   7. (h)(i) OBP shall deny or revoke a background check if any out-of-state registry record contains information that constitutes background check denial under this rule.

      1. (ii) The provider representative shall end the employee's direct access to clients and client records immediately upon an ineligible determination notification from OBP.
6. (6) A prospective foster parent, prospective adoptive parent, or an adult living in the home of a prospective foster parent or prospective adoptive parent shall identify any state they have resided in over the past five years for OBP to conduct the out-of-state registry search for the clearance of the prospective foster parent or prospective adoptive parent and any adult living in the home.

7. (7)(a) The provider representative shall require an applicant to present valid government-issued photo identification to verify the application.

   1. (b) The provider representative shall inspect each applicant's government-issued photo identification card and determine that the identification does not appear to have been forged or altered.
   2. (c) The provider representative shall submit the background check application, personal identifying information, signed consent disclosure statement, and applicable fee into DACS.
   3. (d) The provider representative may withdraw a background check application any time during the process.

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