26-39-403 - Exclusions from chapter -- Criminal background checks by an excluded person.
               	 		 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