40 more day-care license violators found

Utah health officials have discovered 40 more day-care providers, in addition to the 44 already revealed in an October legislative audit, that have been operating in violation of state licensing rules.

Like those previously unveiled by state auditors, the new crop of providers were granted licenses even though the applicants, their employees or immediate family members failed a criminal background check.

In the new cases, providers whose cases met certain requirements, such as a minor crime that occurred many years ago without any subsequent violation, were granted a "clearance" and awarded a license, said Steve McDonald, spokesman for the Utah Department of Health.

"If they met those requirements and if we deemed that there was really no threat, we could clear them without giving them a variance," McDonald said.

Those granted clearances did not show up on a list provided to state auditors, who focused on individuals granted variances between 2002 and 2004 from the Bureau of Child Care Licensing for similar infractions.

With variances, licensing officials placed restrictions on providers, such as not allowing the person with the criminal background, oftentimes a spouse, to be in the home with the children. Those granted total clearances had no such restrictions, McDonald said.

State law forbids anyone convicted of a felony to provide child care or be involved in the operation of a child-care center. The Bureau of Child Care Licensing is also prohibited from issuing licenses to those with misdemeanor convictions, except in certain circumstances.

The Bureau of Child Care Licensing has notified each of the state's 2,750 day-care providers that anyone previously granted a variance or clearance after failing a background check will not have their license renewed, McDonald said. Those people must clear their records through the criminal justice system before continuing to provide day-care services in Utah.

In the meantime, health officials are assuring the public that the providers unveiled in the audit and subsequent screenings have been determined not to pose a threat to children in their care.

"They were carefully checked and the day-care staff received enough information that they were convinced these people would not pose a threat to the kids," McDonald said.

The October audit did reveal one case in which the husband of a child-care provider sexually abused a 5-year-old girl in his wife's care.

Additionally, McDonald said, many of the clearances and variances were issued years ago and are no longer relevant.

"A lot of them have already taken care of themselves," he said. "With the passage of time, with turnover, a lot of those people are not even working in the day care anymore."

---

E-mail: awelling@desnews.com