News that some 50 Utah child-care providers are operating in violation of state laws didn't just shock state licensing officials — it also surprised many of the purported violators.
Several have been operating for many years in Utah, having been granted exemptions to state laws that forbid the granting of licenses to anyone with criminal record themselves or employ or live with convicts. News that their licenses are now in jeopardy for long-ago crimes, or those believed to have been already taken care of, caught many off guard.
Health officials have released the names and locations of 48 providers given exemptions between 2002 and 2004, as identified by a legislative audit of the Bureau of Child Care Licensing issued last week. The list was released pursuant to a request filed under the Government Records Access Management Act.
Officials refused to specify the violations that required the exemptions.
Many license holders contacted by the Morning News offered explanations for their inclusion on the list, while others refused to comment. One woman, a license holder for 57 years, said she had no idea why her name would be included in the first place.
"I'm just furious. I've never had a problem," said 78-year-old Betty Nattress of Sunset. "They acted like I had had a felony or someone in my house had been in jail or was a sex offender, and it just burnt me up."
State law prohibits the bureau from awarding a license to anyone personally convicted of a felony, sexual crime or crime involving violence against a family member, or to anyone who employs or lives with someone with such a conviction. It also forbids the granting of licenses in misdemeanor cases, but allows exemptions to be granted upon the approval of the executive director of the health department.
Of the 48 exemptions granted during the study period, none came with the director's approval, according to the audit.
Dr. Marc Babitz, overseer of the audited bureau, said Thursday that none of the variances previously granted would be extended, and no more would be granted for anyone failing the state-required criminal background check.
"These child-care rules were made for the protection of children in child care. And, really, the vast majority of them are good rules and need to be enforced as written," said Babitz, director of the Division of Health Systems Improvement within the Utah Department of Health.
To date, seven providers have been sent revocation letters, 12 facilities have closed and 18 are under review. In 10 cases, employees whose conduct precipitated the variance are no longer employed by the facility and one charge was dismissed.
Because officials declined to release anything other than identifying information about the providers, it remains unknown which of the crimes specified in the audit are attached to what facilities and whether those with the more egregious crimes remain open.
The audit revealed that 28 exemptions had been granted for the more serious crimes, including 17 for assaults against a family member, four for felony drug possession, three for lewdness, two for child sex abuse and two for felony sexual activity with a minor.
Ashlee Lake's husband of three months falls into the final category. Eight years ago, when he was 19, he was convicted of having sexual relations with a 16-year-old girl. The intercourse was consensual, Lake said, but because the girl was underage he served time and received therapy.
Lake's license is now in jeopardy, and her husband has moved out of their Heber City home until the matter is resolved.
"(My husband) has nothing to hide by the things that he's done in his life. Of course he's not proud of himself for messing up like he did when he was a teenager," she said. "Fortunately, most of us are given second chances for our mistakes. Hopefully, his will be coming."
Lake, who is licensed to care for eight children, has been a state licensed child-care provider for 10 years.
Babitz has heard many similar stories and said he feels for those providers but is not in a position to make individual judgments.
"I'm not Moses or Solomon. I really can't look at the soul of a day-care provider and say, 'Oh yes, you had a felony but you're really not a bad person,' " Babitz said. "I am totally incapable of being the judge and jury."
Until the person has their record either expunged or their crime reduced through the criminal justice system, the exemption will be discontinued, he said.
The audit also uncovered 19 other providers who received variances for misdemeanor convictions, including 13 DUI cases, six for forgery, five for drug possession, five for theft and four for assault.
Salt Lake City provider Lila Latu received a variance from the Bureau of Child Care Licensing three years ago, after her husband was charged with misdemeanor assault following a fight at his gym. She has now received notice that her license stands to be revoked.
Her husband is working to have his record expunged, but in the meantime Latu is busy explaining the situation to her clients.
"He's not a criminal, my husband is a good guy," she said Thursday. "We're churchgoers, everything."
The health department's list includes 15 day-care centers, including Springville's TLC for Kids, run by the wife of former state Rep. Calvin Bird. Bird was cited for sex solicitation in September 2003.
When contacted Thursday, an angry-sounding Bird said he does maintenance work at the center, but only in the off-hours unless it's an emergency. Linda Bird is licensed to care for 150 children at the center next door to the family home and has been in the business for 20 years. The health department lists Bird's license as being "under review."
The executive director of another longtime center, The Neighborhood House in Salt Lake City, is also upset about his center's inclusion on the list.
"I don't want people to misconstrue and confuse things and think that we aren't adhering to state child-care licensing regulations and to think that we are endangering children, because we are far from it," Jacob Brace said.
A Neighborhood House employee had a criminal incident during his time at the center, which has since been adjudicated and the crime expunged from the person's record, according to Brace. He declined to specify the crime, only to say that it did not happen on center grounds or involve children.
"The crime is really of moot issue here," he said. "All of our employees currently will pass the (background check) standing up without a problem. We are not endangering anyone."
Babitz encouraged concerned parents to talk to their child-care providers and ask if they have been granted exemptions for criminal history in the past. If that communication fails, he said, parents can call the Bureau of Child Care Licensing and ask if their children's provider is on the list.
"The state has an important role, and I'm not going to abrogate my responsibilities one inch. I'm going to go after these and get them cleaned up," Babitz said. "But parents also have a responsibility. Parents need to ask their provider, point blank."
E-mail: awelling@desnews.com