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House narrowly approves tougher background checks for in‑home childcare providers
Summary
After extended questioning about scope and exemptions, the Utah House passed first substitute House Bill 254 to require criminal background checks for all residents of homes with licensed or certified childcare and to add juvenile screening (age 12+; not fingerprinted). The bill passed 38–36 after a call of the House.
SALT LAKE CITY — The Utah House on Feb. 3 approved first substitute House Bill 254, a measure that expands criminal background checks in licensed or certified child‑care homes to include all residents of the household and adds screening for juveniles age 12 and older.
Sponsor Representative Susan Lawrence said the bill “will prevent persons charged with serious crimes from residing in a home with a child care license or residential certificate,” and described the change as a response to recommendations in a performance audit of the Bureau of Child Care Licensing and to high‑profile incidents that prompted public concern.
Key provisions described on the floor include a ban on persons who have been convicted, entered a plea of no contest, or are subject to a plea‑in‑abeyance/diversion agreement for certain felonies or misdemeanors from providing childcare, volunteering at licensed programs, residing in a licensed childcare home, or serving as owner, director or board member. The bill also requires background screening for juveniles who live in licensed homes (age 12 and up), with the transcript noting juveniles will be screened but not fingerprinted.
Members pressed the sponsor on whether the Legislature should specify which misdemeanors are exempt rather than leaving that discretion to department rule. Representative Urquhart asked why the policy-making body would not list excluded misdemeanors and warned the bill “is casting a very broad net.” Representative Lawrence replied that existing statute already allowed the department to adopt exemptions and that the bill tightens the exemption process and brings juveniles into the screening regime.
The vote was closely contested. During the roll, the House went into a call (10 or more standing) and the Speaker noted the bill requires 38 affirmative votes to pass in that posture; after members returned the final tally recorded first substitute HB 254 as passing 38–36 with one absent.
The measure directs the Department of Health/Bureau of Child Care Licensing to apply screening criteria and to define rule-based exemptions; sponsors said the department had been involved in drafting and assured lawmakers the rules would address common, low‑risk misdemeanors (for example certain traffic offenses). Representative Lawrence asked for support and noted Representative Moss was a co-sponsor.
What's next: HB 254 will be transmitted to the Senate; because the bill grants rulemaking discretion to the executive director, questions remain about how specific misdemeanor exemptions will be implemented and whether additional legislative refinement will be sought.
