Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Utah

Date: September 2018

Who Needs Records Checks

Citation: Ann. Code § 78B-6-131; Admin. Code R501-12-4; R512-40-5; R430-6-2

Background checks are required for the following persons:

  • A prospective foster parent or a prospective adoptive parent
  • A relative seeking to serve as a foster or adoptive placement for the child

In regulation: Background checks also are required for the following persons:

  • All persons age 18 or older residing in the home of a prospective foster parent
  • All adults present in the home of a prospective adoptive parent
  • An applicant for a child care license and individuals associated with the child care facility, including the following:
    • Owners, directors, and members of the governing body
    • Employees and providers of care, including children residing in a home where child care is provided
    • Volunteers, excluding parents of children enrolled in the program
    • All individuals age 12 and older residing in a residence in which child care is provided
    • Anyone who has unsupervised contact with a child in care

Types of Records That Must Be Checked

Citation: Ann. Code §§ 78B-6-131; 62A-2-120

A background check shall include the following:

  • A fingerprint-based national criminal history records check conducted by the Federal Bureau of Investigation
  • A check of the child abuse and neglect registry in each State in which the person resided in the 5 years immediately preceding the date of application

The types of checks also shall include the following:

  • A search of State, regional, and national criminal background databases for the applicant's criminal history
  • A search of the Department of Human Services, Division of Child and Family Services' licensing information system
  • A search of the Department of Human Services, Division of Aging and Adult Services' vulnerable adult abuse, neglect, or exploitation database
  • A search of the juvenile court records for substantiated findings of severe child abuse or neglect
  • A search of the juvenile court arrest, adjudication, and disposition records

In addition to the requirements described above, if an applicant spent time outside of the United States and its territories during the 5 years immediately preceding the date the background check request is submitted, the applicant may be required to submit documentation establishing whether the applicant was convicted of a crime during the time that he or she spent outside of the United States or its territories.

Process for Obtaining Records Checks

Citation: Ann. Code § 62A-2-120

For the background check, an applicant shall submit the following to the Office of Licensing within the Department of Human Services:

  • Personal identifying information, including the person's:
    • Current name, former names, nicknames, and aliases
    • Date of birth
    • Physical address, email address, and telephone number
    • Driver license or other government-issued identification
    • Social Security number
  • €¢ For applicants age 18 and older, a set of fingerprints
  • A form for consent for the background check

The office shall perform the following duties as part of a background investigation:

  • Check State and regional criminal background databases for the applicant's criminal history by:
    • Submitting personal identifying information to the Bureau of Criminal Identification within the Department of Public Safety for a search
    • Using the applicant's personal identifying information to search State and regional criminal background databases
  • Submit the applicant's personal identifying information and fingerprints to the bureau for a criminal history search of applicable national criminal background databases
  • Search the Division of Child and Family Services' licensing information system
  • Search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or exploitation database
  • Search the juvenile court records for substantiated findings of severe child abuse or neglect

Grounds for Disqualification

Citation: Ann. Code § 62A-2-120

The office shall deny an application to an applicant who, within 3 years before the date of application, has been convicted of any of the following:

  • Domestic violence, lewdness, voyeurism, battery, cruelty to animals, or bestiality
  • Any pornography law, including sexual exploitation of a minor
  • Prostitution
  • An offense included in the following:
    • Title 76, chapter 5, Offenses Against the Person
    • Section 76-5b-201, Sexual Exploitation of a Minor
    • Title 76, chapter 7, Offenses Against the Family
  • Aggravated arson
  • Aggravated burglary or aggravated robbery
  • Identity fraud crime
  • A conviction for an offense committed outside of the State that, if committed in the State, would constitute an offense described above

The office shall deny a license to a prospective foster parent or a prospective adoptive parent if the applicant has been convicted of any of the following:

  • Child abuse
  • Domestic violence or domestic violence in the presence of a child
  • Abuse or neglect of a child with a disability
  • Endangerment of a child or vulnerable adult
  • Aggravated murder, murder, manslaughter, child abuse homicide, or homicide by assault
  • Kidnapping, child kidnapping, or aggravated kidnapping
  • Human trafficking of a child
  • An offense described in title 76, chapter 5, part 4, Sexual Offenses
  • Sexual exploitation of a minor
  • Aggravated arson
  • Aggravated burglary or aggravated robbery
  • An offense committed outside the State that, if committed in the State, would constitute an offense described above

The office shall deny a license to a prospective foster parent or a prospective adoptive parent if, within the 5 years immediately preceding the date on which the individual's application or license would otherwise be approved, the applicant was convicted of a felony involving conduct that constitutes a violation of any of the following:

  • Aggravated assault
  • Aggravated assault by a prisoner
  • Mayhem
  • A drug-related offense

In addition, the office shall conduct a comprehensive review of an applicant's background check if the registry check indicates that the individual is listed in a child abuse and neglect registry of this State or another State as having a substantiated or supported finding of a severe type of child abuse or neglect.

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