2006 Utah Code - 62A-5-103.5 — Disbursal of public funds -- Background check of a direct service worker.

     62A-5-103.5.   Disbursal of public funds -- Background check of a direct service worker.
     (1) For purposes of this section:
     (a) "directly supervised" means that the person being supervised is under the uninterrupted visual and auditory surveillance of the person doing the supervising; and
     (b) "office" is as defined in Section 62A-2-101.
     (2) Subject to Subsection (4), public funds may not be disbursed to pay a direct service worker for personal services rendered to a person, unless:
     (a) the direct service worker is approved by the office to have direct access and provide services to children or vulnerable adults pursuant to Section 62A-2-120;
     (b) (i) during the time that the direct service worker renders the services described in this Subsection (2), the direct service worker who renders the services is directly supervised by a direct service worker who is approved by the office to have direct access and provide services to children or vulnerable adults pursuant to Section 62A-2-120;
     (ii) the direct service worker who renders the services described in this Subsection (2) has submitted the information required for a background check pursuant to Section 62A-2-120; and
     (iii) the office has not determined whether to approve the direct service worker described in Subsection (2)(b)(ii) to have direct access and provide services to children or vulnerable adults; or
     (c) the direct service worker:
     (i) (A) is a direct ancestor or descendent of the person to whom the services are rendered, but is not the person's parent;
     (B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or
     (C) (I) has submitted the information required for a background check pursuant to Section 62A-2-120; and
     (II) the office has not determined whether to approve the direct service worker to have direct access and provide services to children or vulnerable adults; and
     (ii) is not listed in:
     (A) the Licensing Information System of the Division of Child and Family Services created by Section 62A-4a-1006;
     (B) the statewide database of the Division of Aging and Adult Services created by Section 62A-3-311.1 as having a substantiated finding of abuse, neglect, or exploitation; or
     (C) juvenile court records as having a substantiated finding under Section 78-3a-320 that the direct service worker committed a severe type of child abuse or neglect.
     (3) For purposes of Subsection (2), the office shall conduct a background check of a direct service worker:
     (a) except as provided in Subsection (2)(b) or (c), before public funds are disbursed to pay the direct service worker for the personal services described in Subsection (2); and
     (b) using the same procedures established for a background check of an applicant for an initial license under Section 62A-2-120.
     (4) The background check and the approval determination described in this section shall be conducted for a direct service worker on an annual basis.

Amended by Chapter 77, 2006 General Session