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House approves background‑check measure for subsidized family, friend, neighbor child care
Summary
House Bill 73 would allow the Department of Workforce Services to require criminal background checks on unregulated child‑care providers who receive state subsidies; the bill passed the House amid questions about which misdemeanors would disqualify providers and citations to a DWS committee finding.
The Utah House passed House Bill 73 on Jan. 24 to authorize the Department of Workforce Services to require criminal background checks for unregulated child‑care providers who receive state subsidy payments.
Representative Karen Morgan, sponsor of HB 73, told the chamber the Department found instances where individuals receiving subsidies to provide child care had undisclosed criminal backgrounds. "This legislation allows DWS to require the criminal background checks on unregulated child care providers and individuals who reside in the home where child care is provided," the sponsor said. She said the purpose is to ensure children are in a safe environment.
On the floor Representative Wimmer asked the sponsor to identify the specific misdemeanors that would disqualify a provider; the sponsor and committee members said disqualifying offenses were generally assault/neglect‑type misdemeanors and that the intent is to bar individuals whose records would endanger children. Wimmer and others asked whether very old felonies (for example, decades‑old convictions) would permanently bar family members from receiving subsidies; the sponsor replied that a person with a disqualifying conviction would be ineligible to receive state subsidy payments to provide care, though families remain free to choose caregivers regardless of subsidy eligibility.
Representative Miscarroll (co‑chair of the interim committee) and the sponsor cited a committee survey indicating roughly 25% of sampled friend/family providers in a random sample had disqualifying records (felonies or certain misdemeanors) and in some cases had not disclosed that history. Floor discussion emphasized the bill addresses payment of taxpayer dollars for care provided by people with disqualifying records rather than restricting private caregiving choices.
After questions and discussion the House voted; the clerk announced HB 73 passed the House with 64 yes votes and 0 no votes and will be referred to the Senate.
