Senate adopts cleanup substitute for background checks of human-services staff

The Utah Senate advanced a revised version of Senate Bill 101 on Jan. 28, 2002, clarifying criminal-background-check requirements for individuals who have "direct access" to children and vulnerable adults at licensed providers.

Senator Blackcomb, sponsor of the substitute, said the bill "defines who has direct access and what the term direct access means to providers of that are licensed through the Department of Human Services for children and vulnerable adults," and stressed the measure includes procedural safeguards: it "gives a review process, a comprehensive review process for those people and their check" and requires notice to the individual and agency within 30 days, with the right to appeal adverse licensing decisions.

The substitute also specifies that board members and other officials who do not have direct contact with clients would not be subject to the criminal-background checks, addressing concerns that some public officials serving on boards would be unnecessarily investigated.

Senators on the floor pressed for detail about who conducts appeals and how due process is provided. The sponsor said initial review is conducted by the Office of Licensing in the Department of Human Services and, if necessary, a second-level appeal can be taken to the Office of Administrative Services.

The Senate approved the second substitute and moved the measure to the third-reading calendar in a roll-call vote recorded as a supermajority in favor (tally recorded on the floor). The measure’s textual amendments were described by the sponsor as technical and intended to improve the agency's review procedures.