R986-700-756. Exclusion From Child Care Due to Finding of Abuse, Neglect, or Exploitation

(1) Pursuant to Subsection 80-2-708(2)(a)(v), OL will screen each covered individual, including any child residing in a home where child care is provided, for a history of a supported finding of severe abuse, neglect, or exploitation from the licensing information system maintained by DHHS and the juvenile court records. The juvenile court records need only be accessed as provided in Subsection 35A-3-310.5(3)(b). (2) If a covered individual appears on the licensing information system, the threat to the safety and health of children will be assessed. The Department or OL may revoke any existing approval and refuse to permit child care in the home until the Department or OL is reasonably convinced that the covered individual no longer resides in the home. (3) If the Department or OL denies or revokes approval of CC based upon the licensing information system, the Department will send a written decision to the client. (4)(a) If DHHS determines a covered individual has a supported finding of severe abuse, neglect, or exploitation after the Department approves CC, the covered individual has ten calendar days to notify OL. (b) Failure to notify OL may result in the provider being liable for an overpayment for CC paid to the client between the finding and when it is reported or discovered.