Regulators of state-licensed caregivers routinely use criminal background checks to safeguard vulnerable children and adults from possibly predatory workers.
But Sen. Tom Hatch wants to exempt hundreds of potential caregivers - such as military personnel and Mormon missionaries - from such screenings, saying the process is unfairly arduous and slows recruitment for the high-turnover jobs.
Under current law, foster families and employees at state-licensed group homes and substance-abuse and mental health facilities must undergo criminal screenings. The work-ups typically take about 10 days and involve cross-checking a person's name against a database fed by Utah courts and law enforcement agencies.
But applicants who have lived outside Utah anytime within the past five years must be screened by the FBI or get clearance from an overseas consulate or other authority.
That process can take two to six months and unfairly penalizes Utahns serving in a military, religious or charitable capacity, said Hatch, R-Panguitch.
Hatch is sponsoring a bill that would allow former military personnel and nonprofit volunteers to submit letters of recommendation from their superiors. The letters would supplant the background checks.
Drafted at the behest of licensors at the Utah Department of Human Services, the measure would apply equally to volunteers for the Peace Corps or American Red Cross. But it primarily targets men and women in the military or serving proselytizing missions for The Church of Jesus Christ of Latter-day Saints, licensing officials said.
"These are highly supervised people and probably aren't out there committing crimes," Hatch said.
Advocates for children, the elderly and disabled haven't read the bill, which is still under draft. But they object to any easing of safeguards for citizens under the state's care.
Citing national abuse scandals involving clergy and nursing homes, Voices for Utah Children director Karen Crompton said, "There is no group of people immune to improper and exploitative behavior."
Fraser Nelson at the Disability Law Center doubts military and nonprofit groups would be willing to assume the liability of vouching for employees.
"If I was the church or the Army, I don't know if I'd want to accept that responsibility," she said.
LDS Church officials had not seen the bill on Wednesday and declined comment.
State licensing director Ken Stettler said only 10 percent of 30,000 employees that his office tracks each year would qualify for the background exemption.
But he said the exemption is critical for prospective foster families.
Unlike nursing homes - which can hire a worker pending clearance of a background check as long as the worker is never left unsupervised - there is no 24-hour supervision of foster homes.
"This past year, we had probably half a dozen foster fathers called up on military duty," said Stettler. "It doesn't seem fair to thank someone for putting his life on the line by telling him when he returns home, he'll have to wait six months before fostering."
Kelsey Lewis, recruitment director at the Utah Foster Care Foundation, said clearing returned missionaries quickly will help speed recruitment of foster families, many of which are Mormon, because any adult residing in a foster home must be screened.
Stettler emphasized that Hatch's bill would still permit licensors to require background checks if they have reason to question a letter of honorable discharge or release.
kstewart@sltrib.com
