26B-6-410. Disbursal of public funds -- Background check of a direct service worker.

340 words·~2 min read·/ut/title-26b/chapter-6/26b-6-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)For purposes of this section, "office" means the same as that term is defined in Section 26B-2-101 .

(2)Public funds may not be disbursed to pay a direct service worker for personal services rendered to a person unless the office approves the direct service worker to have direct access and provide services to a child or a vulnerable adult pursuant to Section 26B-2-120 .

(3)For purposes of Subsection

(2), the office shall conduct a background check of a direct service worker:

(a)before public funds are disbursed to pay the direct service worker for the personal services described in Subsection

(2); and

(b)using the same procedures established for a background check of an applicant for a license under Section 26B-2-120 .

(4)A child who is in the legal custody of the department or any of the department's divisions may not be placed with a direct service worker unless, before the child is placed with the direct service worker, the direct service worker passes a background check under Section 26B-2-120 .

(5)If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public Transit District Act , contracts with the division to provide services:

(a)the provisions of this section are not applicable to a direct service worker employed by the public transit district; and

(b)the division may not reimburse the public transit district for services provided unless a direct service worker hired or transferred internally after July 1, 2013, by the public transit district to drive a paratransit route:

(i)is approved by the office to have direct access to children and vulnerable adults in accordance with Section 26B-2-120 ; and

(ii)is subject to a background check established in a statute or rule governing a public transit district or other public transit district policy.

Renumbered and Amended by Chapter 308 , 2023 General Session

Amended by Chapter 344 , 2023 General Session