State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-39 > 26-39-403

26-39-403. Exclusions from chapter -- Criminal background checks by an excludedperson.
(1) The provisions and requirements of this chapter do not apply to:
(a) a facility or program owned or operated by an agency of the United Statesgovernment;
(b) group counseling provided by a mental health therapist, as defined in Section58-60-102, who is licensed to practice in this state;
(c) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care FacilityLicensing and Inspection Act;
(d) care provided to qualifying children by or in the homes of parents, legal guardians,grandparents, brothers, sisters, uncles, or aunts;
(e) care provided to qualifying children, in the home of the provider, for less than fourhours a day or on a sporadic basis, unless that child care directly affects or is related to a businesslicensed in this state;
(f) care provided to qualifying children as part of a course of study at or a programadministered by an educational institution that is regulated by the boards of education of thisstate, a private education institution that provides education in lieu of that provided by the publiceducation system, or by a parochial education institution;
(g) care provided to qualifying children by a public or private institution of highereducation, if the care is provided in connection with a course of study or program, relating to theeducation or study of children, that is provided to students of the institution of higher education;
(h) care provided to qualifying children at a public school by an organization other thanthe public school, if:
(i) the care is provided under contract with the public school or on school property; or
(ii) the public school accepts responsibility and oversight for the care provided by theorganization;
(i) care provided to qualifying children as part of a summer camp that operates on federalland pursuant to a federal permit;
(j) care provided by an organization that:
(i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code;
(ii) is provided pursuant to a written agreement with:
(A) a municipality, as defined in Section 10-1-104, that provides oversight for theprogram; or
(B) a county that provides oversight for the program; and
(iii) is provided to children who are over the age of four and under the age of 13; or
(k) care provided at a residential support program that is licensed by the Department ofHuman Services.
(2) A person who is excluded, under Subsection (1), from the provisions andrequirements of this chapter, shall conduct a criminal background check on all of the person'semployees who have access to a qualifying child to whom care is provided by the person.

Renumbered and Amended by Chapter 111, 2008 General Session