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(b) The covered individual has resided in Utah continuously since the fingerprints were submitted; and (c) The covered individual has not permitted his or her background check to lapse or expire since the fingerprints were submitted. (3) The provider must state in writing, based upon the provider's best information and belief, that no covered person, including the provider's own children, has ever been convicted of a felony, misdemeanor or had a supported finding from DHS or a substantiated finding from a juvenile court of severe abuse or neglect of a child. If the provider is aware of any such conviction or supported or substantiated finding, but is not certain it will result in a disqualification, CCL will obtain information from the provider to assess the threat to children. If the provider knowingly makes false representations or material omissions to CCL regarding a covered individual's record, the provider will be responsible for repayment to the Department of the child care subsidy paid by the Department. If a provider signs an attestation, a disqualification based on a covered individual who no longer lives in the home can be cured under certain conditions. (4) All providers, caregivers who are 16 years old and older, and covered individuals who are 18 years and older are required to submit fingerprints under these rules as requested. In addition, the Department may conduct background checks annually. (5) If CCL takes an action adverse to any covered individual based upon the background check, CCL will send a denial letter to the provider and the covered individual. (6) A background check must be submitted for each covered individual: (a) Prior to the date the person becomes a covered individual, unless: (1) The person is turning 12 years old and resides in the facility where child care is being provided, in which case the background check form must be submitted and authorized within ten business days of the date the child turns 12 years old; (2) The person is currently employed by another child care provider within the State and has a current background check; or (3) The person has been separated from employment from another child care provider within the State for no more than 180 days and has a current background check; and (b) On an annual basis for each covered individual. (7) A person may not begin work as a covered individual until the person has completed a fingerprint-based check and the results have been received. After the fingerprint-based check has been completed but prior to full completion of the background check process, a covered individual must be supervised by a person who has fully completed and passed the background check process. R986-700-754. Exclusion from Child Care Due to Criminal Convictions. (1) As required by Utah Code Subsection 35A-3-310.5(4), if the criminal conviction was a felony, or is a misdemeanor that is not excluded under paragraphs (2) or (3) below, the covered individual may not provide child care or reside in a home where child care is provided. (2) As allowed by Utah Code Subsection 35A-3-310.5(5), the Department hereby excludes the following misdemeanors and determines that a misdemeanor conviction listed below does not disqualify a covered individual from providing child care: (a) any class B or C misdemeanor offense under Title 32A, Alcoholic Beverage Control Act, except for 32A-12-203, Unlawful sale or furnishing to minors; (b) any class B or C misdemeanor offense under Title 41, Chapter 6a, Traffic Code except for 41-6a-502, Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration, when the individual had a child in the car at the time of the offense; (c) any class B or C misdemeanor offense under Title 58, Chapter 37, Utah Controlled Substances Act; (d) any Class B or C misdemeanor offense under Title 58, Chapter 37a, Utah Drug Paraphernalia Act; (e) any class B or C misdemeanor offense under Title 58, Chapter 37b, Imitation Controlled Substances Act; (f) any class B or C misdemeanor offense under Title 76, Chapter 4, Inchoate Offenses, except for 76-4-401, Enticing a Minor; (g) any class B or C conviction under Chapter 6, Title 76, Offenses Against Property, Utah Criminal Code; (h) any class B or C conviction under Chapter 6a, Title 76, Pyramid Schemes, Utah Criminal Code; (i) any class B or C misdemeanor offense under Title 76, Chapter 7, Subsection 103, Adultery, and 104, Fornication; (j) any class B or C conviction under Chapter 8, Title 76, Offenses Against the Administration of Government, Utah Criminal Code except 76-8-1201 through 1207, Public Assistance Fraud; and 76-8-1301 False statements regarding unemployment compensation; (k) any class B or C conviction under Chapter 9, Title 76, Offenses Against Public Order and Decency, Utah Criminal Code, except for: (i) 76-9-301, Cruelty to Animals; (ii) 76-9-301.1, Dog Fighting; (iii) 76-9-301.8, Bestiality; (iv) 76-9-702, Lewdness; (v) 76-9-702.5, Lewdness Involving Child; and (vi) 76-9-702.7, Voyeurism; and (l) any class B or C conviction under Chapter 10, Title 76, Offenses Against Public Health, Welfare, Safety and Morals, Utah Criminal Code, except for: (i) 76-10-509.5, Providing Certain Weapons to a Minor; (ii) 76-10-509.6, Parent or guardian providing firearm to violent minor; (iii) 76-10-509.7, Parent or Guardian Knowing of a Minor's Possession of a Dangerous Weapon; (iv) 76-10-1201 to 1229.5, Pornographic Material or Performance;