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

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

Terms Used In Utah Code 26B-6-410

  • Direct service worker: means a person who provides services to a person with a disability:
(a) when the services are rendered in:
(i) the physical presence of the person with a disability; or
(ii) a location where the person rendering the services has access to the physical presence of the person with a disability; and
(b) 
(i) under a contract with the division;
(ii) under a grant agreement with the division; or
(iii) as an employee of the division. See Utah Code 26B-6-401
  • Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
  • Person: means :Utah Code 68-3-12.5
  • Personal services: means nonmedical care and support, including assisting a person with:
    (a) meal preparation;
    (b) eating;
    (c) bathing;
    (d) dressing;
    (e) personal hygiene; or
    (f) daily living activities. See Utah Code 26B-6-101
  • Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401
  • Statute: A law passed by a legislature.
  • (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 8, 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