http://www.ksl.com/?nid=148&sid=146725Bill Exempts Vets, RMs, Volunteers From Some Background Checks
January 5th, 2006 @ 7:00am
SALT LAKE CITY (AP) -- Sen. Tom Hatch wants to exempt returned missionaries, military personnel and charity workers from certain background checks required for caregiver and foster applicants who have lived outside the state.
The Panguitch Republican contends the screenings are arduous and impede filling high-turnover jobs.
Most foster families and employees at state-licensed nursing homes, group homes and substance-abuse and mental health facilities must undergo criminal screenings that just involve cross-checking their names against a database fed by Utah courts and law enforcement agencies.
However, 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, Hatch said.
Hatch's bill would allow former military personnel and nonprofit volunteers to just submit letters of recommendation from their superiors.
The bill, drafted at the request of licensers at the Utah Department of Human Services, would apply to volunteers for the Peace Corps or the American Red Cross as well as soldiers and missionaries.
"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.
Officials of The Church of Jesus Christ of Latter-day Saints had not seen the bill 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.
He said the exemption is critical for prospective foster families.
"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 would help speed recruitment of foster families, because any adult residing in a foster home must be screened.
Stettler said the bill still would permit licensers to require background checks if they have reason to question a letter of honorable discharge or release.
