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

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Terms Used In Utah Code 26B-6-410

  • Direct service worker: means a person who provides services to a person with a disability:
         (8)(a) when the services are rendered in:
              (8)(a)(i) the physical presence of the person with a disability; or
              (8)(a)(ii) a location where the person rendering the services has access to the physical presence of the person with a disability; and
         (8)(b)
              (8)(b)(i) under a contract with the division;
              (8)(b)(ii) under a grant agreement with the division; or
              (8)(b)(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
  • Personal services: means nonmedical care and support, including assisting a person with:
         (10)(a) meal preparation;
         (10)(b) eating;
         (10)(c) bathing;
         (10)(d) dressing;
         (10)(e) personal hygiene; or
         (10)(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:

     (3)(a) before public funds are disbursed to pay the direct service worker for the personal services described in Subsection (2); and
     (3)(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:

     (5)(a) the provisions of this section are not applicable to a direct service worker employed by the public transit district; and
     (5)(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:

          (5)(b)(i) is approved by the office to have direct access to children and vulnerable adults in accordance with Section 26B-2-120; and
          (5)(b)(ii) is subject to a background check established in a statute or rule governing a public transit district or other public transit district policy.