1. (1) For purposes of this section, "office" means the same as that term is defined in Section 26B-2-101.
2. (2) Public funds may not be disbursed to pay a direct service worker for personal services rendered to a person unless the office approves the direct service worker to have direct access and provide services to a child or a vulnerable adult pursuant to Section 26B-2-120.

3. (3) For purposes of Subsection (2), the office shall conduct a background check of a direct service worker:

   1. (a) before public funds are disbursed to pay the direct service worker for the personal services described in Subsection (2); and
   2. (b) using the same procedures established for a background check of an applicant for a license under Section 26B-2-120.
4. (4) A child who is in the legal custody of the department or any of the department's divisions may not be placed with a direct service worker unless, before the child is placed with the direct service worker, the direct service worker passes a background check under Section 26B-2-120.

5. (5) If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public Transit District Act, contracts with the division to provide services:

   1. (a) the provisions of this section are not applicable to a direct service worker employed by the public transit district; and

   2. (b) the division may not reimburse the public transit district for services provided unless a direct service worker hired or transferred internally after July 1, 2013, by the public transit district to drive a paratransit route:

      1. (i) is approved by the office to have direct access to children and vulnerable adults in accordance with Section 26B-2-120; and
      2. (ii) is subject to a background check established in a statute or rule governing a public transit district or other public transit district policy.

Renumbered and Amended by Chapter 308, 2023 General Session