1. (1) Sections R986-700-751 through R986-700-756 apply to a provider identified in Subsection 35A-3-310.5(1), a license-exempt provider, or other program or grantee not subject to OL requirements.

2. (2) The following persons must submit to a background check:

   1. (a) the provider;
   2. (b) each person age 12 years old or older who is living in the household where the child care is provided; and
   3. (c) each person who is employed or volunteering at the facility where the child care is provided, if the person's activities involve care or supervision of children or unsupervised access to children.
3. (3) If child care is provided in the child's home, a background check must be done on each person age 12 years old or older living in the child's home who is not on the client's child care case.

4. (4) A client is not eligible for CC if the client chooses a provider and any person described in Subsection R986-700-751(2) has:

   1. (a) a supported finding of severe abuse or neglect by DHHS, a substantiated finding by a juvenile court under Section 80-3-404 or a criminal conviction related to neglect, physical abuse, or sexual abuse of any person; or
   2. (b) a conviction for an offense as identified in Section R986-700-754; or
   3. (c) an adjudication in juvenile court of an act which if committed by an adult would be an offense identified in Section R986-700-754.

KEY: child care, grant programs

Date of Last Change: December 8, 2025

Notice of Continuation: August 14, 2025

Authorizing, and Implemented or Interpreted Law: 35A-3-203; 35A-3-209; 35A-3-310; 45 C.F.R. 98.21