H.B. 31 Enrolled

1

CHILD WELFARE DEFINITIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill amends definitions and related provisions in the Child and Family Services
10 chapter of the Utah Human Services Code and in the Juvenile Court Act of 1996.
11 Highlighted Provisions:
12 This bill:
13 . eliminates overlapping portions of definitions;
14 . modifies definitions;
15 . adds new definitions;
16 . simplifies and consolidates definitions;
17 . establishes consistency between definitions in the Child and Family Services chapter
18 of the Utah Human Services Code and the Juvenile Court Act of 1996;
19 . modifies portions of the Child and Family Services chapter of the Utah Human
20 Services Code and the Juvenile Court Act of 1996 to conform with the changes to,
21 and addition of, definitions in this bill; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill coordinates with H.B. 78 by providing technical amendments.
27 Utah Code Sections Affected:
28 AMENDS:
29 62A-4a-101, as last amended by Laws of Utah 2006, Chapters 75, and 281

30 62A-4a-107.5, as last amended by Laws of Utah 2000, Chapter 290
31 62A-4a-113, as last amended by Laws of Utah 2002, Chapter 149
32 62A-4a-201, as last amended by Laws of Utah 2006, Chapter 75
33 62A-4a-202.4, as last amended by Laws of Utah 1998, Chapter 263
34 62A-4a-202.6, as last amended by Laws of Utah 2006, Chapter 55
35 62A-4a-203, as last amended by Laws of Utah 2006, Chapter 75
36 62A-4a-301, as renumbered and amended by Laws of Utah 1994, Chapter 260
37 62A-4a-302, as renumbered and amended by Laws of Utah 1994, Chapter 260
38 62A-4a-303, as renumbered and amended by Laws of Utah 1994, Chapter 260
39 62A-4a-304, as last amended by Laws of Utah 1996, Chapter 242
40 62A-4a-305, as renumbered and amended by Laws of Utah 1994, Chapter 260
41 62A-4a-306, as renumbered and amended by Laws of Utah 1994, Chapter 260
42 62A-4a-309, as last amended by Laws of Utah 2000, Chapter 321
43 62A-4a-311, as last amended by Laws of Utah 2003, Chapter 246
44 62A-4a-401, as renumbered and amended by Laws of Utah 1994, Chapter 260
45 62A-4a-402, as last amended by Laws of Utah 2006, Chapter 281
46 62A-4a-403, as last amended by Laws of Utah 1999, Chapter 21
47 62A-4a-405, as renumbered and amended by Laws of Utah 1994, Chapter 260
48 62A-4a-406, as renumbered and amended by Laws of Utah 1994, Chapter 260
49 62A-4a-409, as last amended by Laws of Utah 2006, Chapter 75
50 62A-4a-411, as renumbered and amended by Laws of Utah 1994, Chapter 260
51 62A-4a-412, as last amended by Laws of Utah 2006, Chapters 77, and 281
52 62A-4a-414, as last amended by Laws of Utah 2007, Chapter 169
53 62A-4a-802, as last amended by Laws of Utah 2002, Chapter 246
54 62A-4a-1002, as enacted by Laws of Utah 2006, Chapter 77
55 62A-4a-1003, as last amended by Laws of Utah 2007, Chapter 152
56 62A-4a-1005, as renumbered and amended by Laws of Utah 2006, Chapter 77
57 62A-4a-1006, as renumbered and amended by Laws of Utah 2006, Chapter 77

58 62A-4a-1007, as renumbered and amended by Laws of Utah 2006, Chapter 77
59 62A-4a-1009, as renumbered and amended by Laws of Utah 2006, Chapter 77
60 62A-4a-1010, as renumbered and amended by Laws of Utah 2006, Chapter 77
61 76-7-304, as last amended by Laws of Utah 2006, Chapter 207
62 78-3a-103, as last amended by Laws of Utah 2006, Chapters 75, 97, and 281
63 78-3a-301, as last amended by Laws of Utah 2007, Chapter 111
64 78-3a-306, as last amended by Laws of Utah 2007, Chapter 169
65 78-3a-307.1, as last amended by Laws of Utah 2007, Chapter 152
66 78-3a-311, as last amended by Laws of Utah 2006, Chapters 75, and 97
67 78-3a-314, as last amended by Laws of Utah 2007, Chapter 152
68 78-3a-318, as enacted by Laws of Utah 1996, Chapter 1 and last amended by Laws of
69 Utah 1996, Chapter 318
70 78-3a-403, as last amended by Laws of Utah 1996, Chapter 318
71 78-3a-407, as last amended by Laws of Utah 2006, Chapter 281
72 78-3a-408, as last amended by Laws of Utah 2005, Chapter 95
73 78-3a-801, as last amended by Laws of Utah 2007, Chapter 81
74
75 Be it enacted by the Legislature of the state of Utah:
76 Section 1. Section 62A-4a-101 is amended to read:
77 62A-4a-101. Definitions.
78 As used in this chapter:
79 [(1) (a) "Abuse" means:]
80 [(i) actual or threatened nonaccidental physical or mental harm;]
81 [(ii) negligent treatment;]
82 [(iii) sexual exploitation; or]
83 [(iv) any sexual abuse.]
84 [(b) "Abuse" does not include:]
85 [(i) reasonable discipline or management of a child, including withholding privileges;]

86 [(ii) conduct described in Section 76-2-401 ; or]
87 [(iii) the use of reasonable and necessary physical restraint or force on a child:]
88 [(A) in self-defense;]
89 [(B) in defense of others;]
90 [(C) to protect the child; or]
91 [(D) to remove a weapon in the possession of a child for any of the reasons described in
92 Subsections (1)(b)(iii)(A) through (C).]
93 (1) "Abuse" is as defined in Section 78-3a-103 .
94 (2) "Adoption services" means:
95 (a) placing children for adoption;
96 (b) subsidizing adoptions under Section 62A-4a-105 ;
97 (c) supervising adoption placements until the adoption is finalized by the court;
98 (d) conducting adoption studies;
99 (e) preparing adoption reports upon request of the court; and
100 (f) providing postadoptive placement services, upon request of a family, for the purpose
101 of stabilizing a possible disruptive placement.
102 (3) "Board" means the Board of Child and Family Services established in accordance
103 with Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
104 (4) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
105 Children, a person under 18 years of age.
106 (5) "Consumer" means a person who receives services offered by the division in
107 accordance with this chapter.
108 (6) "Chronic [physical] abuse" means repeated or patterned [physical] abuse.
109 (7) "Chronic neglect" means [a] repeated or patterned [failure or refusal by a parent,
110 guardian, or custodian to provide necessary care for a child's safety, morals, or well-being]
111 neglect.
112 [(8) "Chronic emotional abuse" means repeated or patterned emotional abuse.]
113 [(9)] (8) "Custody," with regard to the division, means the custody of a minor in the

114 division as of the date of disposition.
115 [(10)] (9) "Day-care services" means care of a child for a portion of the day which is
116 less than 24 hours:
117 (a) in the child's own home by a responsible person; or
118 (b) outside of the child's home in a:
119 (i) day-care center;
120 (ii) family group home; or
121 (iii) family child care home.
122 [(11)] (10) "Dependent child" or "dependency" means a child, or the condition of a
123 child, who is homeless or without proper care through no fault of the child's parent, guardian, or
124 custodian.
125 [(12)] (11) "Director" means the director of the Division of Child and Family Services.
126 [(13)] (12) "Division" means the Division of Child and Family Services.
127 [(14) (a)] (13) "Domestic violence services" means:
128 [(i)] (a) temporary shelter, treatment, and related services to [persons who are victims
129 of abuse and their dependent children; and]:
130 (i) a person who is a victim of abuse, as defined in Section 30-6-1 ; and
131 (ii) the dependent children of a person described in Subsection (13)(a)(i); and
132 [(ii)] (b) treatment services for [domestic violence perpetrators. (b) As used in this
133 Subsection (14): (i) "abuse" means the same as that term is defined in Section 30-6-1 ; and (ii)
134 "domestic violence perpetrator" means] a person who is alleged to have committed, has been
135 convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1 .
136 (14) "Harm" is as defined in Section 78-3a-103 .
137 (15) "Homemaking service" means the care of individuals in their domiciles, and help
138 given to individual caretaker relatives to achieve improved household and family management
139 through the services of a trained homemaker.
140 (16) "Incest" is as defined in Section 78-3a-103 .
141 [(16)] (17) "Minor" means, except as provided in Part 7, Interstate Compact on

142 Placement of Children:
143 (a) a child; or
144 (b) a person:
145 (i) who is at least 18 years of age and younger than 21 years of age; and
146 (ii) for whom the division has been specifically ordered by the juvenile court to provide
147 services.
148 (18) "Molestation" is as defined in Section 78-3a-103 .
149 [(17)] (19) "Natural parent" means a minor's biological or adoptive parent, and includes
150 a minor's noncustodial parent.
151 [(18) (a) "Neglect" means:]
152 [(i) abandonment of a child, except as provided in Part 8, Safe Relinquishment of a
153 Newborn Child;]
154 [(ii) subjecting a child to mistreatment or abuse;]
155 [(iii) lack of proper parental care by reason of the fault or habits of the parent, guardian,
156 or custodian;]
157 [(iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
158 subsistence, education, or medical care, including surgery or psychiatric services when required,
159 or any other care necessary for the child's health, safety, morals, or well-being; or]
160 [(v) a child at risk of being neglected or abused because another child in the same home
161 is neglected or abused.]
162 [(b) The aspect of neglect relating to education, described in Subsection (18)(a)(iv),
163 means that, after receiving notice that a child has been frequently absent from school without
164 good cause, or that the child has failed to cooperate with school authorities in a reasonable
165 manner, a parent or guardian fails to make a good faith effort to ensure that the child receives
166 an appropriate education.]
167 [(c) A parent or guardian legitimately practicing religious beliefs and who, for that
168 reason, does not provide specified medical treatment for a child, is not guilty of neglect.]
169 [(d) (i) Notwithstanding Subsection (18)(a), a health care decision made for a child by

170 the child's parent or guardian does not constitute neglect unless the state or other party to the
171 proceeding shows, by clear and convincing evidence, that the health care decision is not
172 reasonable and informed.]
173 [(ii) Nothing in Subsection (18)(d)(i) may prohibit a parent or guardian from exercising
174 the right to obtain a second health care opinion.]
175 (20) "Neglect" is as defined in Section 78-3a-103 .
176 [(19)] (21) "Protective custody," with regard to the division, means the shelter of a
177 child by the division from the time the child is removed from the child's home until the earlier of:
178 (a) the shelter hearing; or
179 (b) the child's return home.
180 [(20)] (22) "Protective services" means expedited services that are provided:
181 (a) in response to evidence of neglect, abuse, or dependency of a child;
182 (b) to a cohabitant who is neglecting or abusing a child, in order to:
183 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
184 causes of neglect or abuse; and
185 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
186 (c) in cases where the child's welfare is endangered:
187 (i) to bring the situation to the attention of the appropriate juvenile court and law
188 enforcement agency;
189 (ii) to cause a protective order to be issued for the protection of the child, when
190 appropriate; and
191 (iii) to protect the child from the circumstances that endanger the child's welfare
192 including, when appropriate:
193 (A) removal from the child's home;
194 (B) placement in substitute care; and
195 (C) petitioning the court for termination of parental rights.
196 (23) "Severe abuse" is as defined in Section 78-3a-103 .
197 [(21)] (24) "Severe neglect" [means neglect that causes or threatens to cause serious

198 harm to a child] is as defined in Section 78-3a-103 .
199 (25) "Sexual abuse" is as defined in Section 78-3a-103 .
200 (26) "Sexual exploitation" is as defined in Section 78-3a-103 .
201 [(22)] (27) "Shelter care" means the temporary care of a minor in a nonsecure facility.
202 [(23)] (28) "State" means:
203 (a) a state of the United States;
204 (b) the District of Columbia;
205 (c) the Commonwealth of Puerto Rico;
206 (d) the Virgin Islands;
207 (e) Guam;
208 (f) the Commonwealth of the Northern Mariana Islands; or
209 (g) a territory or possession administered by the United States.
210 [(24) "Severe emotional abuse" means emotional abuse that causes or threatens to
211 cause serious harm to a child.]
212 [(25) "Severe physical abuse" means physical abuse that causes or threatens to cause
213 serious harm to a child.]
214 [(26)] (29) "State plan" means the written description of the programs for children,
215 youth, and family services administered by the division in accordance with federal law.
216 [(27)] (30) "Status offense" means a violation of the law that would not be a violation
217 but for the age of the offender.
218 (31) "Substance abuse" is as defined in Section 78-3a-103 .
219 [(28)] (32) "Substantiated" or "substantiation" means a judicial finding based on a
220 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
221 identified in a given case shall be considered separately in determining whether there should be a
222 finding of substantiated.
223 [(29)] (33) "Substitute care" means:
224 (a) the placement of a minor in a family home, group care facility, or other placement
225 outside the minor's own home, either at the request of a parent or other responsible relative, or

226 upon court order, when it is determined that continuation of care in the minor's own home
227 would be contrary to the minor's welfare;
228 (b) services provided for a minor awaiting placement; and
229 (c) the licensing and supervision of a substitute care facility.
230 [(30)] (34) "Supported" means a finding by the division based on the evidence available
231 at the completion of an investigation that there is a reasonable basis to conclude that abuse,
232 neglect, or dependency occurred. Each allegation made or identified during the course of the
233 investigation shall be considered separately in determining whether there should be a finding of
234 supported.
235 [(31)] (35) "Temporary custody," with regard to the division, means the custody of a
236 child in the division from the date of the shelter hearing until disposition.
237 [(32)] (36) "Transportation services" means travel assistance given to an individual with
238 escort service, if necessary, to and from community facilities and resources as part of a service
239 plan.
240 [(33)] (37) "Unsubstantiated" means a judicial finding that there is insufficient evidence
241 to conclude that abuse or neglect occurred.
242 [(34)] (38) "Unsupported" means a finding at the completion of an investigation that
243 there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
244 However, a finding of unsupported means also that the division worker did not conclude that
245 the allegation was without merit.
246 [(35)] (39) "Without merit" means a finding at the completion of an investigation by the
247 division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or
248 that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
249 Section 2. Section 62A-4a-107.5 is amended to read:
250 62A-4a-107.5. Private recruitment and training of foster care parents and child
251 welfare volunteers -- Extension of immunity.
252 (1) The division may contract with one or more private, nonprofit organizations to
253 recruit and train foster care parents and child welfare volunteers on a statewide or regional

254 basis.
255 (2) An organization that contracts with the division pursuant to Subsection (1) shall
256 agree to:
257 (a) increase the number of licensed and trained foster care parents in the geographic
258 area covered by:
259 (i) developing a strategic plan;
260 (ii) assessing the needs, perceptions, and qualities of potential foster care parents;
261 (iii) assessing the needs, perceptions, and qualities of children in state custody;
262 (iv) identifying potential foster care parents through public and private resources;
263 (v) screening foster care parent applicants;
264 (vi) providing preservice, ongoing, and customized training to foster care parents;
265 (vii) developing a competency-based training curriculum with input from public and
266 private resources and approved by the division;
267 (viii) focusing training exercises on skill development; and
268 (ix) supporting foster care parents by supplying staff support, identifying common
269 issues, encouraging peer support, and connecting available resources;
270 (b) increase the number of child welfare volunteers in the geographical area covered by:
271 (i) developing a strategic plan;
272 (ii) seeking the participation of established volunteer organizations;
273 (iii) designing and offering initial orientation sessions to child welfare volunteers;
274 (iv) informing volunteers of options for service as specified by the division; and
275 (v) facilitating the placement and certification of child welfare volunteers;
276 (c) coordinate efforts, where appropriate, with the division;
277 (d) seek private contributions in furtherance of the organization's activities under this
278 Subsection (2);
279 (e) perform other related services and activities as may be required by the division; and
280 (f) establish a system for evaluating performance and obtaining feedback on the
281 activities performed pursuant to this Subsection (2).

282 (3) Notwithstanding Subsection (2), the department shall retain ultimate authority over
283 and responsibility for:
284 (a) initial and ongoing training content, material, curriculum, and techniques, and
285 certification standards used by an organization; and
286 (b) screening, investigation, licensing, certification, referral, and placement decisions
287 with respect to any person recruited or trained by an organization.
288 (4) (a) An organization under contract with the department and its directors, trustees,
289 officers, employees, and agents, whether compensated or not, may not be held civilly liable for
290 any act or omission on a matter for which the department retains ultimate authority and
291 responsibility under Subsection (3).
292 (b) Nothing in Subsection (4)(a) may be construed as altering the [child] abuse and
293 neglect reporting requirements of Section 62A-4a-403 , regardless of whether the facts that give
294 rise to such a report occur before or after a screening, investigation, licensing, or placement
295 decision of the department.
296 (5) A referring entity or a referring individual that voluntarily and without remuneration
297 assists the organization to identify and recruit foster care parents or child welfare volunteers is
298 not liable in any civil action for any act or omission of:
299 (a) the referring entity or the referring individual, which is performed in good faith and
300 in furtherance of the entity's assistance to the organization; or
301 (b) any person directly or indirectly referred to the organization by the entity as a foster
302 care parent or child welfare volunteer, if the referring individual was without actual knowledge
303 of any substantiated fact that would have disqualified the person from such a position at the
304 time the referral was made.
305 (6) As used in this section:
306 (a) "referring entity" means:
307 (i) an incorporated or unincorporated organization or association whether formally
308 incorporated or otherwise established and operating for religious, charitable, or educational
309 purposes which does not distribute any of its income or assets to its members, directors,

310 officers, or other participants;
311 (ii) any organization which is described in Section 501(c)(3) of the Internal Revenue
312 Code of 1986 and is exempt from tax under Section 501 of the Internal Revenue Code; or
313 (iii) any not-for-profit organization which is formed and conducted for public benefit
314 and operated primarily for charitable, civic, educational, religious, benevolent, welfare, or health
315 purposes; and
316 (b) "referring individual" means an individual:
317 (i) with the authority to act on behalf of a referring entity in making a referral; and
318 (ii) who may or may not be compensated by the referring entity.
319 Section 3. Section 62A-4a-113 is amended to read:
320 62A-4a-113. Division's enforcement authority -- Responsibility of attorney
321 general to represent division.
322 (1) The division shall take legal action that is necessary to enforce the provisions of this
323 chapter.
324 (2) (a) Subject to the provisions of Section 67-5-17 , the attorney general shall enforce
325 all provisions of this chapter, in addition to the requirements of Title 78, Chapter 3a, Juvenile
326 Court Act of 1996, relating to protection and custody of abused, neglected, or dependent
327 minors. The attorney general may contract with the local county attorney to enforce the
328 provisions of this chapter and Title 78, Chapter 3a, Juvenile Court Act of 1996.
329 (b) It is the responsibility of the attorney general's office to:
330 (i) advise the division regarding decisions to remove a minor from the minor's home;
331 (ii) represent the division in all court and administrative proceedings related to [child]
332 abuse, neglect, and dependency including, but not limited to, shelter hearings, dispositional
333 hearings, dispositional review hearings, periodic review hearings, and petitions for termination
334 of parental rights; and
335 (iii) be available to and advise caseworkers on an ongoing basis.
336 (c) The attorney general shall designate no less than 16 full-time attorneys to advise and
337 represent the division in abuse, neglect, and dependency proceedings, including petitions for

338 termination of parental rights. Those attorneys shall devote their full time and attention to that
339 representation and, insofar as it is practicable, shall be housed in or near various offices of the
340 division statewide.
341 (3) As of July 1, 1998, the attorney general's office shall represent the division with
342 regard to actions involving minors who have not been adjudicated as abused or neglected, but
343 who are otherwise committed to the custody of the division by the juvenile court, and who are
344 classified in the division's management information system as having been placed in custody
345 primarily on the basis of delinquent behavior or a status offense. Nothing in this section may be
346 construed to affect the responsibility of the county attorney or district attorney to represent the
347 state in those matters, in accordance with Section 78-3a-116 .
348 Section 4. Section 62A-4a-201 is amended to read:
349 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
350 state.
351 (1) (a) Under both the United States Constitution and the constitution of this state, a
352 parent possesses a fundamental liberty interest in the care, custody, and management of the
353 parent's children. A fundamentally fair process must be provided to parents if the state moves
354 to challenge or interfere with parental rights. A governmental entity must support any actions
355 or allegations made in opposition to the rights and desires of a parent regarding the parent's
356 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
357 protection against government interference with the parent's fundamental rights and liberty
358 interests.
359 (b) The fundamental liberty interest of a parent concerning the care, custody, and
360 management of the parent's children is recognized, protected, and does not cease to exist simply
361 because a parent may fail to be a model parent or because the parent's child is placed in the
362 temporary custody of the state. At all times, a parent retains a vital interest in preventing the
363 irretrievable destruction of family life. Prior to an adjudication of unfitness, government action
364 in relation to parents and their children may not exceed the least restrictive means or alternatives
365 available to accomplish a compelling state interest. Until the state proves parental unfitness, the

366 child and the child's parents share a vital interest in preventing erroneous termination of their
367 natural relationship and the state cannot presume that a child and the child's parents are
368 adversaries.
369 (c) It is in the best interest and welfare of a child to be raised under the care and
370 supervision of the child's natural parents. A child's need for a normal family life in a permanent
371 home, and for positive, nurturing family relationships will usually best be met by the child's
372 natural parents. Additionally, the integrity of the family unit, and the right of parents to
373 conceive and raise their children have found protection in the due process clause of the
374 Fourteenth Amendment to the United States Constitution. The right of a fit, competent parent
375 to raise the parent's child without undue government interference is a fundamental liberty
376 interest that has long been protected by the laws and Constitution of this state and of the United
377 States.
378 (d) The state recognizes that:
379 (i) a parent has the right, obligation, responsibility, and authority to raise, manage, train,
380 educate, provide for, and reasonably discipline the parent's children; and
381 (ii) the state's role is secondary and supportive to the primary role of a parent.
382 (e) It is the public policy of this state that parents retain the fundamental right and duty
383 to exercise primary control over the care, supervision, upbringing, and education of their
384 children.
385 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
386 Subsection (1).
387 (2) It is also the public policy of this state that children have the right to protection from
388 abuse and neglect, and that the state retains a compelling interest in investigating, prosecuting,
389 and punishing abuse and neglect, as defined in this chapter, and in Title 78, Chapter 3a, Juvenile
390 Court Act of 1996. Therefore, the state, as parens patriae, has an interest in and responsibility
391 to protect children whose parents abuse them or do not adequately provide for their welfare.
392 There may be circumstances where a parent's conduct or condition is a substantial departure
393 from the norm and the parent is unable or unwilling to render safe and proper parental care and

394 protection. Under those circumstances, the state may take action for the welfare and protection
395 of the parent's children.
396 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
397 it shall take into account the child's need for protection from immediate harm. Throughout its
398 involvement, the division shall utilize the least intrusive and least restrictive means available to
399 protect a child, in an effort to ensure that children are brought up in stable, permanent families,
400 rather than in temporary foster placements under the supervision of the state.
401 (4) When circumstances within the family pose a threat to the child's immediate safety
402 or welfare, the division may obtain custody of the child for a planned period and place the child
403 in a safe environment, in accordance with the requirements of Title 78, Chapter 3a, Part 3,
404 Abuse, Neglect, and Dependency Proceedings.
405 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
406 the provisions of Section 62A-4a-203 , both the division's and the court's paramount concern
407 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child shall
408 be given full and serious consideration by the division and the court.
409 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, [or serious
410 physical] severe abuse, or severe neglect are established, the state has no duty to make
411 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
412 provide reunification services, or to attempt to rehabilitate the offending parent or parents. This
413 Subsection (6) does not exempt the division from providing court-ordered services.
414 (7) (a) It is the division's obligation, under federal law, to achieve permanency for
415 children who are abused, neglected, or dependent. If the use or continuation of "reasonable
416 efforts," as described in Subsections (5) and (6), is determined to be inconsistent with the
417 permanency plan for a child, then measures shall be taken, in a timely manner, to place the child
418 in accordance with the permanency plan, and to complete whatever steps are necessary to
419 finalize the permanent placement of the child.
420 (b) If, because of [his] a parent's conduct or condition, [a] the parent is determined to
421 be unfit or incompetent based on the grounds for termination of parental rights described in

422 Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act, the welfare and best interest of
423 the child is of paramount importance, and shall govern in determining whether that parent's
424 rights should be terminated.
425 (8) The state's right to direct or intervene in the provision of medical or mental health
426 care for a child is subject to Subsection 78-3a-118 (2)(n).
427 Section 5. Section 62A-4a-202.4 is amended to read:
428 62A-4a-202.4. Access to criminal background information.
429 (1) For purposes of background screening and investigation of [child] abuse or neglect
430 under this chapter and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
431 Proceedings, the division shall have direct access to criminal background information
432 maintained pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
433 (2) The division and the Office of the Guardian Ad Litem Director are also authorized
434 to request the Department of Public Safety to conduct a complete Federal Bureau of
435 Investigation criminal background check through the national criminal history system (NCIC).
436 Section 6. Section 62A-4a-202.6 is amended to read:
437 62A-4a-202.6. Child protective services investigators within the Office of
438 Attorney General -- Authority.
439 (1) (a) Pursuant to Section 67-5-16 the attorney general may employ, with the consent
440 of the division, child protective services investigators to investigate reports of abuse or neglect
441 of a child that occur while the child is in the custody of the division.
442 (b) (i) Under the direction of the Board of Child and Family Services, the division shall,
443 in accordance with Subsection 62A-4a-409 (5), contract with an independent child protective
444 service investigator to investigate reports of abuse or neglect of a child that occur while the
445 child is in the custody of the division.
446 (ii) The executive director of the department shall designate an entity within the
447 department, other than the division, to monitor the contract for the investigators described in
448 Subsection (1)(b)(i).
449 (2) The investigators described in Subsection (1) may also investigate allegations of

450 abuse or neglect of a child by a department employee or a licensed substitute care provider.
451 (3) The investigators described in Subsection (1), if not peace officers, shall have the
452 same rights, duties, and authority of a child protective services investigator employed by the
453 division to:
454 (a) make a thorough investigation upon receiving either an oral or written report of
455 alleged abuse or neglect of a child, with the primary purpose of that investigation being the
456 protection of the child;
457 (b) make an inquiry into the child's home environment, emotional, or mental health, the
458 nature and extent of the child's injuries, and the child's physical safety;
459 (c) make a written report of their investigation, including determination regarding
460 whether the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and
461 forward a copy of that report to the division within the time mandates for investigations
462 established by the division;
463 (d) immediately consult with school authorities to verify the child's status in accordance
464 with Sections 53A-11-101 through 53A-11-103 when a report is based upon or includes an
465 allegation of educational neglect;
466 (e) enter upon public or private premises, using appropriate legal processes, to
467 investigate reports of alleged [child] abuse or neglect; and
468 (f) take a child into protective custody, and deliver the child to a law enforcement
469 officer, or to the division. Control and jurisdiction over the child shall be determined by the
470 provisions of Title 62A, Chapter 4a, Part 2, Child Welfare Services, Title 78, Chapter 3a,
471 Juvenile Court Act of 1996, and as otherwise provided by law.
472 Section 7. Section 62A-4a-203 is amended to read:
473 62A-4a-203. Removal of a child from home -- Reasonable efforts to maintain
474 child in home -- Exception -- Reasonable efforts for reunification.
475 (1) Because removal of a child from the child's home affects protected, constitutional
476 rights of the parent and has a dramatic, long-term impact on a child, the division shall:
477 (a) when possible and appropriate, without danger to the child's welfare, make

478 reasonable efforts to prevent or eliminate the need for removal of a child from the child's home
479 prior to placement in substitute care;
480 (b) determine whether there is substantial cause to believe that a child has been or is in
481 danger of abuse or neglect, in accordance with the guidelines described in Title 78, Chapter 3a,
482 Part 3, Abuse, Neglect, and Dependency Proceedings, prior to removing the child from the
483 child's home; and
484 (c) when it is possible and appropriate, and in accordance with the limitations and
485 requirements of Sections 78-3a-311 and 78-3a-312 , make reasonable efforts to make it possible
486 for a child in substitute care to return to the child's home.
487 (2) (a) In determining the reasonableness of efforts needed to maintain a child in the
488 child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or (c),
489 the child's health, safety, and welfare shall be the paramount concern.
490 (b) The division shall consider whether the efforts described in Subsections (1) and (2)
491 are likely to prevent abuse or continued neglect of the child.
492 (3) When removal and placement in substitute care is necessary to protect a child, the
493 efforts described in Subsections (1) and (2):
494 (a) are not reasonable or appropriate; and
495 (b) should not be utilized.
496 (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation,
497 abandonment, [or serious physical] severe abuse, or severe neglect are involved, the state has no
498 duty to make reasonable efforts to, in any way, attempt to:
499 (a) maintain a child in the child's home;
500 (b) provide reunification services; or
501 (c) rehabilitate the offending parent or parents.
502 (5) Nothing in Subsection (4) exempts the division from providing court ordered
503 services.
504 Section 8. Section 62A-4a-301 is amended to read:
505 62A-4a-301. Legislative finding.

506 The Legislature finds that there is a need to assist private and public agencies in
507 identifying and establishing community-based education, service, and treatment programs to
508 prevent the occurrence and recurrence of [child] abuse and neglect.
509 It is the purpose of this part to provide a means to increase prevention and treatment
510 programs designed to reduce the occurrence or recurrence of child abuse and neglect.
511 Section 9. Section 62A-4a-302 is amended to read:
512 62A-4a-302. Definitions.
513 As used in this part[: (1) "Council"], "council" means the Child Abuse Advisory Council
514 established under Section 62A-4a-311 .
515 [(2) "Child abuse and neglect" means the same as the term "child abuse or neglect,"
516 defined in Section 62A-4a-402 .]
517 Section 10. Section 62A-4a-303 is amended to read:
518 62A-4a-303. Director's responsibility.
519 The director, under the direction of the board, shall:
520 (1) contract with public or private nonprofit organizations, agencies, schools, or with
521 qualified individuals to establish voluntary community-based educational and service programs
522 designed to reduce the occurrence or recurrence of [child] abuse and neglect;
523 (2) facilitate the exchange of information between and among groups concerned with
524 families and children;
525 (3) consult with appropriate state agencies, commissions, and boards to help determine
526 the probable effectiveness, fiscal soundness, and need for proposed education and service
527 programs for the prevention and treatment of [child] abuse and neglect;
528 (4) develop policies to determine whether programs will be discontinued or will receive
529 continuous funding;
530 (5) establish flexible fees and fee schedules based on the recipient's ability to pay for
531 part or all of the costs of service received; and
532 (6) adopt rules under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, as
533 necessary to carry out the purposes of this part.

534 Section 11. Section 62A-4a-304 is amended to read:
535 62A-4a-304. Contracts for services.
536 (1) (a) Contracts for services to prevent child abuse and neglect shall be awarded on the
537 basis of probability of success, based in part on sound research data.
538 (b) Each contract entered into by the director under Section 62A-4a-303 shall contain a
539 provision for the evaluation of services provided under the contract.
540 (2) Contract funds awarded for the treatment of victims of [physical or sexual] abuse
541 and neglect are not a collateral source as described in Section 63-25a-402 .
542 Section 12. Section 62A-4a-305 is amended to read:
543 62A-4a-305. Prevention and treatment programs.
544 Programs contracted under this part shall be designed to provide voluntary primary
545 [child] abuse and neglect prevention, and voluntary or court-ordered treatment services,
546 including, without limiting the generality of the foregoing, the following community-based
547 programs:
548 (1) those relating to prenatal care, perinatal bonding, child growth and development,
549 basic child care, care of children with special needs, and coping with family stress;
550 (2) those relating to crisis care, aid to parents, [child] abuse counseling, support groups
551 for abusive or potentially abusive parents and their children, and early identification of families
552 where the potential for [child] abuse and neglect exists;
553 (3) those clearly designed to prevent the occurrence or recurrence of [child] abuse,
554 [child] neglect, sexual [molestation or] abuse, sexual exploitation, medical or educational
555 neglect, and such other programs as the board and council may from time to time consider
556 potentially effective in reducing the incidence of family problems leading to [child] abuse or
557 neglect; and
558 (4) those designed to establish and assist community resources that prevent [child]
559 abuse and neglect.
560 Section 13. Section 62A-4a-306 is amended to read:
561 62A-4a-306. Programs and services -- Public hearing requirements -- Review by

562 local board of education.
563 (1) Before any [child] abuse or neglect prevention or treatment program or service may
564 be purchased or contracted for, the board shall conduct a public hearing and the council shall
565 conduct a public hearing, to receive public comment on the specific program or service.
566 (2) Additionally, before any [child] abuse or neglect prevention or treatment program or
567 service [or program] which is intended for presentation in public schools may be purchased or
568 contracted for, evidence shall be submitted to the division that the program or service has been
569 approved by the local board of education for each school district which would be utilizing that
570 program or service.
571 Section 14. Section 62A-4a-309 is amended to read:
572 62A-4a-309. Children's Trust Account.
573 (1) There shall be a restricted account within the General Fund to be known as the
574 Children's Trust Account. This account is for crediting of contributions from private sources
575 and from appropriate revenues received under Section 26-2-12.5 for [child] abuse and neglect
576 prevention programs described in Section 62A-4a-305 .
577 (2) Money shall be appropriated from the account to the division by the Legislature
578 under the Utah Budgetary Procedures Act, and shall be drawn upon by the director under the
579 direction of the board.
580 (3) The Children's Trust Account may be used only to implement prevention programs
581 described in Section 62A-4a-305 , and may only be allocated to entities that provide a
582 one-to-one match, comprising a match from the community of at least 50% in cash and up to
583 50% in in-kind donations, which is 25% of the total funding received from the Children's Trust
584 Account. The entity that receives the statewide evaluation contract is excepted from the
585 cash-match provisions of this Subsection (3).
586 Section 15. Section 62A-4a-311 is amended to read:
587 62A-4a-311. Child Abuse Advisory Council -- Creation -- Membership --
588 Expenses.
589 (1) (a) There is established the Child Abuse Advisory Council composed of no more

590 than 25 members who are appointed by the board.
591 (b) Except as required by Subsection (1)(c), as terms of current council members
592 expire, the board shall appoint each new member or reappointed member to a four-year term.
593 (c) Notwithstanding the requirements of Subsection (1)(b), the board shall, at the time
594 of appointment or reappointment, adjust the length of terms to ensure that the terms of council
595 members are staggered so that approximately half of the council is appointed every two years.
596 (d) The council shall have geographic, economic, gender, cultural, and philosophical
597 diversity.
598 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
599 appointed for the unexpired term.
600 (2) The council shall elect a chairperson from its membership at least biannually.
601 (3) (a) Members shall receive no compensation or benefits for their services, but may
602 receive per diem and expenses incurred in the performance of the member's official duties at the
603 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
604 (b) Members may decline to receive per diem and expenses for their service.
605 (4) The council shall hold a public meeting quarterly. Within budgetary constraints,
606 meetings may also be held on the call of the chair, or of a majority of the members. Thirteen
607 members shall constitute a quorum at any meeting and the action of the majority of the members
608 present shall be the action of the council.
609 (5) The council shall advise the board on matters relating to [child] abuse and neglect.
610 The council shall also recommend to the board how funds contained in the Children's Trust
611 Account shall be allocated.
612 Section 16. Section 62A-4a-401 is amended to read:
613 62A-4a-401. Legislative purpose.
614 It is the purpose of this part to protect the best interests of children, offer protective
615 services to prevent harm to children, stabilize the home environment, preserve family life
616 whenever possible, and encourage cooperation among the states in dealing with the problem of
617 [child] abuse or neglect.

618 Section 17. Section 62A-4a-402 is amended to read:
619 62A-4a-402. Definitions.
620 As used in this part:
621 (1) "A person responsible for a child's care" means the child's parent, guardian, or other
622 person responsible for the child's care, whether in the same home as the child, a relative's home,
623 a group, family, or center day care facility, a foster care home, or a residential institution.
624 [(2) "Child abuse or neglect" means causing harm or threatened harm to a child's health
625 or welfare.]
626 [(3) "Harm or threatened harm" means damage or threatened damage to the physical or
627 emotional health and welfare of a child through neglect or abuse, and includes but is not limited
628 to:]
629 [(a) causing nonaccidental physical or mental injury;]
630 [(b) incest;]
631 [(c) sexual abuse;]
632 [(d) sexual exploitation;]
633 [(e) molestation; or]
634 [(f) repeated negligent treatment or maltreatment.]
635 [(4) "Incest" means having sexual intercourse with a person whom the perpetrator
636 knows to be his or her ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first
637 cousin. The relationships referred to in this subsection include blood relationships of the whole
638 or half blood without regard to legitimacy, and include relationships of parent and child by
639 adoption, and relationships of stepparent and stepchild while the marriage creating the
640 relationship of a stepparent and stepchild exists.]
641 [(5) "Molestation" means touching the anus or any part of the genitals of a child or
642 otherwise taking indecent liberties with a child, or causing a child to take indecent liberties with
643 the perpetrator or another with the intent to arouse or gratify the sexual desire of any person.]
644 [(6) "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or
645 molestation directed towards a child.]

646 [(7) "Sexual exploitation of a child" means knowingly employing, using, persuading,
647 inducing, enticing, or coercing any child to pose in the nude for the purpose of sexual arousal of
648 any person or for profit, or to engage in any sexual or simulated sexual conduct for the purpose
649 of photographing, filming, recording, or displaying in any way the sexual or simulated sexual
650 conduct, and includes displaying, distributing, possessing for the purpose of distribution, or
651 selling material depicting a child in the nude or engaging in sexual or simulated sexual conduct.]
652 [(8)] (2) "Subject" or "subject of the report" means any person reported under this part,
653 including, but not limited to, a child, parent, guardian, or other person responsible for a child's
654 care.
655 Section 18. Section 62A-4a-403 is amended to read:
656 62A-4a-403. Reporting requirements.
657 (1) (a) Except as provided in Subsection (2), when any person including persons
658 licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 31b, Nurse
659 Practice Act, has reason to believe that a child has been subjected to [incest, molestation, sexual
660 exploitation, sexual abuse, physical abuse,] abuse or neglect, or who observes a child being
661 subjected to conditions or circumstances which would reasonably result in [sexual abuse,
662 physical abuse,] abuse or neglect, [he] that person shall immediately notify the nearest peace
663 officer, law enforcement agency, or office of the division. [On]
664 (b) Upon receipt of [this notice] the notification described in Subsection (1)(a), the
665 peace officer or law enforcement agency shall immediately notify the nearest office of the
666 division. If an initial report of [child] abuse or neglect is made to the division, the division shall
667 immediately notify the appropriate local law enforcement agency. The division shall, in addition
668 to its own investigation, comply with and lend support to investigations by law enforcement
669 undertaken pursuant to a report made under this section.
670 (2) [The] Subject to Subsection (3), the notification requirements of Subsection (1) do
671 not apply to a clergyman or priest, without the consent of the person making the confession,
672 with regard to any confession made to [him in his] the clergyman or priest in the professional
673 character of the clergyman or priest in the course of discipline enjoined by the church to which

674 [he] the clergyman or priest belongs, if:
675 (a) the confession was made directly to the clergyman or priest by the perpetrator; and
676 (b) the clergyman or priest is, under canon law or church doctrine or practice, bound to
677 maintain the confidentiality of that confession.
678 (3) (a) When a clergyman or priest receives information about abuse or neglect from
679 any source other than confession of the perpetrator, [he] the clergyman or priest is required to
680 give notification on the basis of that information even though [he] the clergyman or priest may
681 have also received a report of abuse or neglect from the confession of the perpetrator.
682 (b) Exemption of notification requirements for a clergyman or priest does not exempt a
683 clergyman or priest from any other efforts required by law to prevent further abuse or neglect
684 by the perpetrator.
685 Section 19. Section 62A-4a-405 is amended to read:
686 62A-4a-405. Death of child -- Reporting requirements.
687 (1) Any person who has reason to believe that a child has died as a result of [child]
688 abuse or neglect shall report that fact to:
689 (a) the local law enforcement agency, who shall report to the county attorney or district
690 attorney as provided under Section 17-18-1 or 17-18-1.7 ; and [to]
691 (b) the appropriate medical examiner in accordance with Title 26, Chapter 4, Utah
692 Medical Examiner Act. [The]
693 (2) After receiving a report described in Subsection (1), the medical examiner shall
694 investigate and report [his] the medical examiner's findings to:
695 (a) the police[,];
696 (b) the appropriate county attorney or district attorney[,];
697 (c) the attorney general's office[,];
698 (d) the division[,]; and
699 (e) if the institution making the report is a hospital, to that hospital.
700 Section 20. Section 62A-4a-406 is amended to read:
701 62A-4a-406. Photographs.

702 (1) Any physician, surgeon, medical examiner, peace officer, law enforcement official,
703 or public health officer or official may take photographs of the areas of trauma visible on a child
704 and, if medically indicated, perform radiological examinations.
705 (2) Photographs may be taken of the premises or of objects relevant to a reported
706 circumstance of [child] abuse or neglect.
707 (3) Photographs or X-rays, and all other medical records pertinent to an investigation
708 for [child] abuse or neglect shall be made available to the division, law enforcement officials,
709 and the court.
710 Section 21. Section 62A-4a-409 is amended to read:
711 62A-4a-409. Investigation by division -- Temporary protective custody --
712 Preremoval interviews of children.
713 (1) (a) The division shall make a thorough preremoval investigation upon receiving
714 either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
715 dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal
716 alcohol syndrome, or fetal drug dependency exists.
717 (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
718 protection of the child.
719 (2) The preremoval investigation described in Subsection (1)(a) shall include the same
720 investigative requirements described in Section 62A-4a-202.3 .
721 (3) The division shall make a written report of its investigation that shall include a
722 determination regarding whether the alleged abuse or neglect is supported, unsupported, or
723 without merit.
724 (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
725 with reports made under this part.
726 (b) For this purpose, the division shall convene appropriate interdisciplinary "child
727 protection teams" to assist it in its protective, diagnostic, assessment, treatment, and
728 coordination services.
729 (c) A representative of the division shall serve as the team's coordinator and chair.

730 Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
731 shall include representatives of:
732 (i) health, mental health, education, and law enforcement agencies;
733 (ii) the child;
734 (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
735 and
736 (iv) other appropriate agencies or individuals.
737 (5) In any case where the division supervises, governs, or directs the affairs of any
738 individual, institution, or facility that is alleged to be involved in acts or omissions of [child]
739 abuse or neglect, the investigation of the reported [child] abuse or neglect shall be conducted by
740 an agency other than the division.
741 (6) If a report of neglect is based upon or includes an allegation of educational neglect,
742 the division shall immediately consult with school authorities to verify the child's status in
743 accordance with Sections 53A-11-101 through 53A-11-103 .
744 (7) When the division completes its initial investigation under this part, it shall give
745 notice of that completion to the person who made the initial report.
746 (8) Division workers or other child protection team members have authority to enter
747 upon public or private premises, using appropriate legal processes, to investigate reports of
748 alleged [child] abuse or neglect, upon notice to parents of their rights under the Child Abuse
749 Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
750 (9) With regard to any interview of a child prior to removal of that child from the child's
751 home:
752 (a) except as provided in Subsection (9)(b) or (c), the division shall inform a parent of
753 the child prior to the interview of:
754 (i) the specific allegations concerning the child; and
755 (ii) the time and place of the interview;
756 (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
757 alleged perpetrator, the division is not required to comply with Subsection (9)(a);

758 (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
759 is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
760 minutes, with the child prior to complying with Subsection (9)(a);
761 (d) in all cases described in Subsection (9)(b) or (c), a parent of the child shall be
762 notified as soon as practicable after the child has been interviewed, but in no case later than 24
763 hours after the interview has taken place;
764 (e) a child's parents shall be notified of the time and place of all subsequent interviews
765 with the child; and
766 (f) the child shall be allowed to have a support person of the child's choice present,
767 who:
768 (i) may include:
769 (A) a school teacher;
770 (B) an administrator;
771 (C) a guidance counselor;
772 (D) a child care provider;
773 (E) a family member;
774 (F) a family advocate; or
775 (G) clergy; and
776 (ii) may not be a person who is alleged to be, or potentially may be, the perpetrator.
777 (10) In accordance with the procedures and requirements of Sections 62A-4a-202.1
778 through 62A-4a-202.3 , a division worker or child protection team member may take a child into
779 protective custody and deliver the child to a law enforcement officer, or place the child in an
780 emergency shelter facility approved by the juvenile court, at the earliest opportunity subsequent
781 to the child's removal from the child's original environment. Control and jurisdiction over the
782 child is determined by the provisions of Title 78, Chapter 3a, Juvenile Court Act of 1996, and as
783 otherwise provided by law.
784 (11) With regard to cases in which law enforcement has or is conducting an
785 investigation of alleged abuse or neglect of a child:

786 (a) the division shall coordinate with law enforcement to ensure that there is an
787 adequate safety plan to protect the child from further abuse or neglect; and
788 (b) the division is not required to duplicate an aspect of the investigation that, in the
789 division's determination, has been satisfactorily completed by law enforcement.
790 Section 22. Section 62A-4a-411 is amended to read:
791 62A-4a-411. Failure to report -- Criminal penalty.
792 Any person, official, or institution required to report a case of suspected [child abuse,
793 child sexual] abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully
794 fails to do so is guilty of a class B misdemeanor. Action for failure to report must be
795 commenced within four years from the date of knowledge of the offense and the willful failure
796 to report.
797 Section 23. Section 62A-4a-412 is amended to read:
798 62A-4a-412. Reports and information confidential.
799 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
800 well as any other information in the possession of the division obtained as the result of a report
801 are private, protected, or controlled records under Title 63, Chapter 2, Government Records
802 Access and Management Act, and may only be made available to:
803 (a) a police or law enforcement agency investigating a report of known or suspected
804 [child] abuse or neglect;
805 (b) a physician who reasonably believes that a child may be the subject of abuse or
806 neglect;
807 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
808 who is the subject of a report;
809 (d) a contract provider that has a written contract with the division to render services to
810 a minor who is the subject of a report;
811 (e) any subject of the report, the natural parents of the child, and the guardian ad litem;
812 (f) a court, upon a finding that access to the records may be necessary for the
813 determination of an issue before the court, provided that in a divorce, custody, or related

814 proceeding between private parties, the record alone is:
815 (i) limited to objective or undisputed facts that were verified at the time of the
816 investigation; and
817 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
818 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
819 neglect of another person;
820 (g) an office of the public prosecutor or its deputies in performing an official duty;
821 (h) a person authorized by a Children's Justice Center, for the purposes described in
822 Section 67-5b-102 ;
823 (i) a person engaged in bona fide research, when approved by the director of the
824 division, if the information does not include names and addresses;
825 (j) the State Office of Education, acting on behalf of itself or on behalf of a school
826 district, for the purpose of evaluating whether an individual should be permitted to obtain or
827 retain a license as an educator or serve as an employee or volunteer in a school, limited to
828 information with substantiated findings involving an alleged sexual offense, an alleged felony or
829 class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
830 Chapter 5, Offenses Against the Person, and with the understanding that the office must provide
831 the subject of a report received under Subsection (1)(k) with an opportunity to respond to the
832 report before making a decision concerning licensure or employment;
833 (k) any person identified in the report as a perpetrator or possible perpetrator of [child]
834 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
835 (l) a person filing a petition for a child protective order on behalf of a child who is the
836 subject of the report; and
837 (m) a licensed child-placing agency or person who is performing a preplacement
838 adoptive evaluation in accordance with the requirements of Section 78-30-3.5 .
839 (2) (a) A person, unless listed in Subsection (1), may not request another person to
840 obtain or release a report or any other information in the possession of the division obtained as a
841 result of the report that is available under Subsection (1)(k) to screen for potential perpetrators

842 of [child] abuse or neglect.
843 (b) A person who requests information knowing that it is a violation of Subsection
844 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
845 (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
846 and law enforcement officials shall ensure the anonymity of the person or persons making the
847 initial report and any others involved in its subsequent investigation.
848 (b) Notwithstanding any other provision of law, excluding Section 78-3a-314 , but
849 including this chapter and Title 63, Chapter 2, Government Records Access and Management
850 Act, when the division makes a report or other information in its possession available under
851 Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from
852 the report or other information only the names, addresses, and telephone numbers of individuals
853 or specific information that could:
854 (i) identify the referent;
855 (ii) impede a criminal investigation; or
856 (iii) endanger a person's safety.
857 (4) Any person who wilfully permits, or aides and abets the release of data or
858 information obtained as a result of this part, in the possession of the division or contained on
859 any part of the Management Information System, in violation of this part or Sections
860 62A-4a-1003 through 62A-4a-1007 , is guilty of a class C misdemeanor.
861 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
862 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
863 good faith pursuant to this part.
864 (6) A child-placing agency or person who receives a report in connection with a
865 preplacement adoptive evaluation pursuant to Section 78-30-3.5 :
866 (a) may provide this report to the person who is the subject of the report; and
867 (b) may provide this report to a person who is performing a preplacement adoptive
868 evaluation in accordance with the requirement of Section 78-30-3.5 , or to a licensed
869 child-placing agency or to an attorney seeking to facilitate an adoption.

870 Section 24. Section 62A-4a-414 is amended to read:
871 62A-4a-414. Interviews of children -- Recording required -- Exceptions.
872 (1) (a) Except as provided in Subsection (4), interviews of children during an
873 investigation in accordance with Section 62A-4a-409 , and involving allegations of sexual abuse
874 [or serious physical abuse], sexual exploitation, severe abuse, or severe neglect of a child, shall
875 be conducted only under the following conditions:
876 (i) the interview shall be recorded visually and aurally on film, videotape, or by other
877 electronic means;
878 (ii) both the interviewer and the child shall be simultaneously recorded and visible on
879 the final product;
880 (iii) the time and date of the interview shall be continuously and clearly visible to any
881 subsequent viewer of the recording; and
882 (iv) the recording equipment shall run continuously for the duration of the interview.
883 (b) This Subsection (1) does not apply to initial or minimal interviews conducted in
884 accordance with Subsection 62A-4a-409 (9)(b) or (c).
885 (2) Interviews conducted in accordance with Subsection (1) shall be carried out in an
886 existing Children's Justice Center or in a soft interview room, when available.
887 (a) If the Children's Justice Center or a soft interview room is not available, the
888 interviewer shall use the best setting available under the circumstances.
889 (b) Except as provided in Subsection (4), if the equipment required under Subsection
890 (1) is not available, the interview shall be audiotaped, provided that the interviewer shall clearly
891 state at the beginning of the tape:
892 (i) the time, date, and place of the interview;
893 (ii) the full name and age of the child being interviewed; and
894 (iii) that the equipment required under Subsection (1) is not available and why.
895 (3) Except as provided in Subsection (4), all other investigative interviews shall be
896 audiotaped using electronic means. At the beginning of the tape, the worker shall state clearly
897 the time, date, and place of the meeting, and the full name and age of the child in attendance.

898 (4) (a) Subject to Subsection (4)(b), an interview described in this section may be
899 conducted without being taped if the child:
900 (i) is at least nine years old;
901 (ii) refuses to have the interview audio taped; and
902 (iii) refuses to have the interview video taped.
903 (b) If, pursuant to Subsection (4)(a), an interview is conducted without being taped, the
904 child's refusal shall be documented as follows:
905 (i) the interviewer shall attempt to get the child's refusal on tape, including the reasons
906 for the refusal; or
907 (ii) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
908 interviewer shall:
909 (A) state on the tape that the child is present, but has refused to have the interview,
910 refusal, or the reasons for the refusal taped; or
911 (B) if complying with Subsection (4)(b)(ii)(A) will result in the child, who would
912 otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
913 document, in writing, that the child refused to allow the interview to be taped and the reasons
914 for that refusal.
915 (c) The division shall track the number of interviews under this section that are not
916 taped, and the number of refusals that are not taped, for each interviewer, in order to determine
917 whether a particular interviewer has a higher incidence of refusals, or taped refusals, than other
918 interviewers.
919 Section 25. Section 62A-4a-802 is amended to read:
920 62A-4a-802. Safe relinquishment of a newborn child.
921 (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
922 hospital in accordance with the provisions of this part and retain complete anonymity, so long as
923 the child has not been subject to abuse or neglect.
924 (b) Safe relinquishment of a newborn child who has not otherwise been subject to abuse
925 or neglect shall not, in and of itself, constitute neglect as defined in Section [ 62A-4a-101 ]

926 78-3a-103 , and the child shall not be considered a neglected child, as defined in Section
927 78-3a-103 , so long as the relinquishment is carried out in substantial compliance with the
928 provisions of this part.
929 (2) (a) Personnel employed by a hospital shall accept a newborn child that is
930 relinquished pursuant to the provisions of this part, and may presume that the person
931 relinquishing is the child's parent or the parent's designee.
932 (b) The person receiving the newborn child may request information regarding the
933 parent and newborn child's medical histories, and identifying information regarding the
934 nonrelinquishing parent of the child.
935 (c) The division shall provide hospitals with medical history forms and stamped
936 envelopes addressed to the division that a hospital may provide to a person relinquishing a child
937 pursuant to the provisions of this part.
938 (d) Personnel employed by a hospital shall:
939 (i) provide any necessary medical care to the child and notify the division as soon as
940 possible, but no later than 24 hours after receipt of the child; and
941 (ii) prepare a birth certificate or foundling birth certificate if parentage is unknown and
942 file with the Office of Vital Records and Statistics.
943 (e) A hospital and personnel employed by a hospital are immune from any civil or
944 criminal liability arising from accepting a newborn child if the personnel employed by the
945 hospital substantially comply with the provisions of this part and medical treatment is
946 administered according to standard medical practice.
947 (3) The division shall assume care and custody of the child immediately upon notice
948 from the hospital.
949 (4) So long as the division determines there is no abuse or neglect of the newborn child,
950 neither the newborn child nor the child's parents are subject to:
951 (a) the provisions of Part 2 of this chapter, Child Welfare Services;
952 (b) the investigation provisions contained in Section 62A-4a-409 ; or
953 (c) the provisions of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency

954 Proceedings.
955 (5) Unless identifying information relating to the nonrelinquishing parent of the
956 newborn child has been provided:
957 (a) the division shall work with local law enforcement and the Bureau of Criminal
958 Identification within the Department of Public Safety in an effort to ensure that the newborn
959 child has not been identified as a missing child;
960 (b) the division shall immediately place or contract for placement of the newborn child
961 in a potential adoptive home and, within ten days after receipt of the child, file a petition for
962 termination of parental rights in accordance with Title 78, Chapter 3a, Part 4, Termination of
963 Parental Rights Act;
964 (c) the division shall direct the Office of Vital Records and Statistics to conduct a
965 search for a birth certificate for the child and an Initiation of Proceedings to Establish Paternity
966 Registry for unmarried biological fathers maintained by the Office of Vital Records and
967 Statistics within the Department of Health and provide notice to each potential father identified
968 on the registry. Notice of termination of parental rights proceedings shall be provided in the
969 same manner as is utilized for any other termination proceeding in which the identity of the
970 child's parents is unknown;
971 (d) if no person has affirmatively identified himself or herself within two weeks after
972 notice is complete and established paternity by scientific testing within as expeditious a time
973 frame as practicable, a hearing on the petition for termination of parental rights shall be
974 scheduled; and
975 (e) if a nonrelinquishing parent is not identified, relinquishment of a newborn child
976 pursuant to the provisions of this part shall be considered grounds for termination of parental
977 rights of both the relinquishing and nonrelinquishing parents under Section 78-3a-407 .
978 (6) If at any time prior to the adoption, a court finds it is in the best interest of the child,
979 the court shall deny the petition for termination of parental rights.
980 (7) The division shall provide for, or contract with a licensed child-placing agency to
981 provide for expeditious adoption of the newborn child.

982 (8) So long as the person relinquishing a newborn child is the child's parent or designee,
983 and there is no abuse or neglect, safe relinquishment of a newborn child in substantial
984 compliance with the provisions of this part is an affirmative defense to any potential criminal
985 liability for abandonment or neglect relating to that relinquishment.
986 Section 26. Section 62A-4a-1002 is amended to read:
987 62A-4a-1002. Definitions.
988 As used in this part:
989 (1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
990 means:
991 (i) if committed by a person 18 years of age or older:
992 (A) [severe or] chronic [physical] abuse;
993 (B) severe abuse;
994 [(B)] (C) sexual abuse;
995 [(C)] (D) sexual exploitation;
996 [(D)] (E) abandonment;
997 [(E) medical neglect resulting in death, disability, or serious illness;]
998 (F) chronic neglect; or
999 (G) severe neglect; or
1000 [(H) chronic emotional abuse; or]
1001 [(I) severe emotional abuse; or]
1002 (ii) if committed by a person under the age of 18:
1003 (A) serious physical injury, as defined in Subsection 76-5-109 (1)(d), to another child
1004 which indicates a significant risk to other children; or
1005 (B) sexual behavior with or upon another child which indicates a significant risk to
1006 other children.
1007 (b) "Severe type of child abuse or neglect" does not include:
1008 (i) the use of reasonable and necessary physical restraint or force by an educator in
1009 accordance with Subsection 53A-11-802 (2) or Section 76-2-401 ;

1010 (ii) a person's conduct that:
1011 (A) is justified under Section 76-2-401 ; or
1012 (B) constitutes the use of reasonable and necessary physical restraint or force in
1013 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
1014 other dangerous object in the possession or under the control of a child or to protect the child
1015 or another person from physical injury; or
1016 (iii) a health care decision made for a child by the child's parent or guardian, unless,
1017 subject to Subsection 62A-4a-1004 (2), the state or other party to the proceeding shows, by
1018 clear and convincing evidence, that the health care decision is not reasonable and informed.
1019 (2) "Significant risk" means a risk of harm that is determined to be significant in
1020 accordance with risk assessment tools and rules established by the division that focus on:
1021 (a) age;
1022 (b) social factors;
1023 (c) emotional factors;
1024 (d) sexual factors;
1025 (e) intellectual factors;
1026 (f) family risk factors; and
1027 (g) other related considerations.
1028 Section 27. Section 62A-4a-1003 is amended to read:
1029 62A-4a-1003. Management Information System -- Requirements -- Contents --
1030 Purpose -- Access.
1031 (1) (a) The division shall develop and implement a Management Information System
1032 that meets the requirements of this section and the requirements of federal law and regulation.
1033 (b) The information and records contained in the Management Information System:
1034 (i) are protected records under Title 63, Chapter 2, Government Records Access and
1035 Management Act; and
1036 (ii) except as provided in Subsections (1)(c) and (d), are available only to a person with
1037 statutory authorization under Title 63, Chapter 2, Government Records Access and

1038 Management Act, to review the information and records described in this Subsection (1)(b).
1039 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
1040 Subsection (1)(b) are available to a person:
1041 (i) as provided under Subsection (6) or Section 62A-4a-1006 ; or
1042 (ii) who has specific statutory authorization to access the information or records for the
1043 purpose of assisting the state with state and federal requirements to maintain information solely
1044 for the purpose of protecting minors and providing services to families in need.
1045 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
1046 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
1047 be provided by the division:
1048 (i) to comply with [child] abuse and neglect registry checks requested by other states;
1049 and
1050 (ii) to the United States Department of Health and Human Services for purposes of
1051 maintaining an electronic national registry of substantiated cases of [child] abuse and neglect.
1052 (2) With regard to all child welfare cases, the Management Information System shall
1053 provide each caseworker and the department's office of licensing, exclusively for the purposes
1054 of foster parent licensure and monitoring, with a complete history of each child in that worker's
1055 caseload, including:
1056 (a) a record of all past action taken by the division with regard to that child and the
1057 child's siblings;
1058 (b) the complete case history and all reports and information in the control or keeping
1059 of the division regarding that child and the child's siblings;
1060 (c) the number of times the child has been in the custody of the division;
1061 (d) the cumulative period of time the child has been in the custody of the division;
1062 (e) a record of all reports of abuse or neglect received by the division with regard to
1063 that child's parent, parents, or guardian including:
1064 (i) for each report, documentation of the:
1065 (A) latest status; or

1066 (B) final outcome or determination; and
1067 (ii) information that indicates whether each report was found to be:
1068 (A) supported;
1069 (B) unsupported;
1070 (C) substantiated by a juvenile court;
1071 (D) unsubstantiated by a juvenile court; or
1072 (E) without merit;
1073 (f) the number of times the child's parent or parents failed any child and family plan; and
1074 (g) the number of different caseworkers who have been assigned to that child in the
1075 past.
1076 (3) The division's Management Information System shall:
1077 (a) contain all key elements of each family's current child and family plan, including:
1078 (i) the dates and number of times the plan has been administratively or judicially
1079 reviewed;
1080 (ii) the number of times the parent or parents have failed that child and family plan; and
1081 (iii) the exact length of time the child and family plan has been in effect; and
1082 (b) alert caseworkers regarding deadlines for completion of and compliance with policy,
1083 including child and family plans.
1084 (4) With regard to all child protective services cases, the Management Information
1085 System shall:
1086 (a) monitor the compliance of each case with:
1087 (i) division rule and policy;
1088 (ii) state law; and
1089 (iii) federal law and regulation; and
1090 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
1091 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
1092 the alleged perpetrator.
1093 (5) Except as provided in Subsection (6) regarding contract providers and Section

1094 62A-4a-1006 regarding limited access to the Licensing Information System, all information
1095 contained in the division's Management Information System is available to the department, upon
1096 the approval of the executive director, on a need-to-know basis.
1097 (6) (a) Subject to this Subsection (6), the division may allow its contract providers,
1098 court clerks designated by the Administrative Office of the Courts, and the Office of the
1099 Guardian Ad Litem to have limited access to the Management Information System.
1100 (b) A division contract provider has access only to information about a person who is
1101 currently receiving services from that specific contract provider.
1102 (c) (i) Designated court clerks may only have access to information necessary to comply
1103 with Subsection 78-3h-102 (2).
1104 (ii) The Office of the Guardian Ad Litem may access only the information that:
1105 (A) relates to children and families where the Office of the Guardian Ad Litem is
1106 appointed by a court to represent the interests of the children; and
1107 (B) except as provided in Subsection (6)(d), is entered into the Management
1108 Information System on or after July 1, 2004.
1109 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of the Guardian Ad Litem shall
1110 have access to all [child] abuse and neglect referrals about children and families where the office
1111 has been appointed by a court to represent the interests of the children, regardless of the date
1112 that the information is entered into the Management Information System.
1113 (e) Each contract provider and designated representative of the Office of the Guardian
1114 Ad Litem who requests access to information contained in the Management Information System
1115 shall:
1116 (i) take all necessary precautions to safeguard the security of the information contained
1117 in the Management Information System;
1118 (ii) train its employees regarding:
1119 (A) requirements for protecting the information contained in the Management
1120 Information System as required by this chapter and under Title 63, Chapter 2, Government
1121 Records Access and Management Act; and

1122 (B) the criminal penalties under Sections 62A-4a-412 and 63-2-801 for improper
1123 release of information; and
1124 (iii) monitor its employees to ensure that they protect the information contained in the
1125 Management Information System as required by law.
1126 (f) The division shall take reasonable precautions to ensure that its contract providers
1127 comply with the requirements of this Subsection (6).
1128 (7) The division shall take all necessary precautions, including password protection and
1129 other appropriate and available technological techniques, to prevent unauthorized access to or
1130 release of information contained in the Management Information System.
1131 Section 28. Section 62A-4a-1005 is amended to read:
1132 62A-4a-1005. Supported finding of a severe type of child abuse or neglect --
1133 Notation in Licensing Information System -- Juvenile court petition or notice to alleged
1134 perpetrator -- Rights of alleged perpetrator -- Juvenile court finding.
1135 (1) If the division makes a supported finding that a person committed a severe type of
1136 child abuse or neglect, the division shall:
1137 (a) serve notice of the finding on the alleged perpetrator;
1138 (b) enter the following information into the Licensing Information System created in
1139 Section 62A-4a-1006 :
1140 (i) the name and other identifying information of the perpetrator with the supported
1141 finding, without identifying the person as a perpetrator or alleged perpetrator; and
1142 (ii) a notation to the effect that an investigation regarding the person is pending; and
1143 (c) if the division considers it advisable, file a petition for substantiation within one year
1144 of the supported finding.
1145 (2) The notice referred to in Subsection (1)(a):
1146 (a) shall state that:
1147 (i) the division has conducted an investigation regarding alleged [child] abuse or
1148 neglect;
1149 (ii) the division has made a supported finding that the alleged perpetrator described in

1150 Subsection (1) committed a severe type of child abuse or neglect;
1151 (iii) facts gathered by the division support the supported finding;
1152 (iv) as a result of the supported finding, the alleged perpetrator's name and other
1153 identifying information have been listed in the Licensing Information System in accordance with
1154 Subsection (1)(b);
1155 (v) the alleged perpetrator may be disqualified from adopting a child or being licensed
1156 by:
1157 (A) the department;
1158 (B) a human services licensee;
1159 (C) a child care provider or program; or
1160 (D) a covered health care facility;
1161 (vi) the alleged perpetrator has the rights described in Subsection (3); and
1162 (vii) failure to take either action described in Subsection (3)(a) within one year after
1163 service of the notice will result in the action described in Subsection (3)(b);
1164 (b) shall include a general statement of the nature of the findings; and
1165 (c) may not include:
1166 (i) the name of a victim or witness; or
1167 (ii) any privacy information related to the victim or a witness.
1168 (3) (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator
1169 shall have the right to:
1170 (i) file a written request asking the division to review the findings made under
1171 Subsection (1);
1172 (ii) except as provided in Subsection (3)(c), immediately petition the juvenile court
1173 under Section 78-3a-320 ; or
1174 (iii) sign a written consent to:
1175 (A) the supported finding made under Subsection (1); and
1176 (B) entry into the Licensing Information System of:
1177 (I) the alleged perpetrator's name; and

1178 (II) other information regarding the supported finding made under Subsection (1).
1179 (b) Except as provided in Subsection (3)(e), the alleged perpetrator's name and the
1180 information described in Subsection (1)(b) shall remain in the Licensing Information System:
1181 (i) if the alleged perpetrator fails to take the action described in Subsection (3)(a) within
1182 one year after service of the notice described in Subsections (1)(a) and (2);
1183 (ii) during the time that the division awaits a response from the alleged perpetrator
1184 pursuant to Subsection (3)(a); and
1185 (iii) until a court determines that the severe type of child abuse or neglect upon which
1186 the Licensing Information System entry was based is unsubstantiated or without merit.
1187 (c) The alleged perpetrator has no right to petition the juvenile court under Subsection
1188 (3)(a)(ii) if the court previously held a hearing on the same alleged incident of abuse or neglect
1189 pursuant to the filing of a petition under Section 78-3a-305 by some other party.
1190 (d) Consent under Subsection (3)(a)(iii) by a child shall be given by the child's parent or
1191 guardian.
1192 (e) Regardless of whether an appeal on the matter is pending:
1193 (i) an alleged perpetrator's name and the information described in Subsection (1)(b)
1194 shall be removed from the Licensing Information System if the severe type of child abuse or
1195 neglect upon which the Licensing Information System entry was based:
1196 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
1197 78-3a-320 ; or
1198 (B) is found to be substantiated, but is subsequently reversed on appeal; and
1199 (ii) an alleged perpetrator's name and information that is removed from the Licensing
1200 Information System under Subsection (3)(e)(i) shall be placed back on the Licensing
1201 Information System if the court action that was the basis for removing the alleged perpetrator's
1202 name and information is subsequently reversed on appeal.
1203 (4) Upon the filing of a petition under Subsection (1)(c), the juvenile court shall make a
1204 finding of substantiated, unsubstantiated, or without merit as provided in Subsections
1205 78-3a-320 (1) and (2).

1206 (5) Service of the notice described in Subsections (1)(a) and (2):
1207 (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
1208 and
1209 (b) does not preclude civil or criminal action against the alleged perpetrator.
1210 Section 29. Section 62A-4a-1006 is amended to read:
1211 62A-4a-1006. Licensing Information System -- Contents -- Juvenile court finding
1212 -- Protected record -- Access -- Criminal penalty.
1213 (1) (a) The division shall maintain a sub-part of the Management Information System
1214 established pursuant to Section 62A-4a-1003 , to be known as the Licensing Information
1215 System, to be used:
1216 (i) for licensing purposes; or
1217 (ii) as otherwise specifically provided for by law.
1218 (b) The Licensing Information System shall include only the following information:
1219 (i) the information described in Subsections 62A-4a-1005 (1)(b) and (3)(b);
1220 (ii) consented-to supported findings by alleged perpetrators under Subsection
1221 62A-4a-1005 (3)(a)(iii); and
1222 (iii) the information in the licensing part of the division's Management Information
1223 System as of May 6, 2002.
1224 (2) Notwithstanding Subsection (1), the department's access to information in the
1225 Management Information System for the licensure and monitoring of foster parents is governed
1226 by Sections 62A-4a-1003 and 62A-2-121 .
1227 (3) Subject to Subsection 62A-4a-1005 (3)(e), upon receipt of a finding from the
1228 juvenile court under Section 78-3a-320 , the division shall:
1229 (a) promptly amend the Licensing Information System; and
1230 (b) enter the information in the Management Information System.
1231 (4) (a) Information contained in the Licensing Information System is classified as a
1232 protected record under Title 63, Chapter 2, Government Records Access and Management Act.
1233 (b) Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government

1234 Records Access and Management Act, the information contained in the Licensing Information
1235 System may only be used or disclosed as specifically provided in this chapter and Section
1236 62A-2-121 .
1237 (c) The information described in Subsection (4)(b) is accessible only to:
1238 (i) the Office of Licensing within the department:
1239 (A) for licensing purposes; or
1240 (B) as otherwise specifically provided for by law;
1241 (ii) the division to:
1242 (A) screen a person at the request of the Office of the Guardian Ad Litem Director:
1243 (I) at the time that person seeks a paid or voluntary position with the Office of the
1244 Guardian Ad Litem Director; and
1245 (II) on an annual basis, throughout the time that the person remains with the Office of
1246 Guardian Ad Litem Director; and
1247 (B) respond to a request for information from a person whose name is listed in the
1248 Licensing Information System;
1249 (iii) two persons designated by and within the Department of Health, only for the
1250 following purposes:
1251 (A) licensing a child care program or provider; or
1252 (B) determining whether a person associated with a covered health care facility, as
1253 defined by the Department of Health by rule, who provides direct care to a child, has a
1254 supported finding of a severe type of child abuse or neglect; and
1255 (iv) the department, as specifically provided in this chapter.
1256 (5) The two persons designated by the Department of Health under Subsection
1257 (4)(c)(iii) shall adopt measures to:
1258 (a) protect the security of the Licensing Information System; and
1259 (b) strictly limit access to the Licensing Information System to those persons designated
1260 by statute.
1261 (6) All persons designated by statute as having access to information contained in the

1262 Licensing Information System shall receive training from the department with respect to:
1263 (a) accessing the Licensing Information System;
1264 (b) maintaining strict security; and
1265 (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
1266 improper release of information.
1267 (7) (a) A person, except those authorized by this chapter, may not request another
1268 person to obtain or release any other information in the Licensing Information System to screen
1269 for potential perpetrators of [child] abuse or neglect.
1270 (b) A person who requests information knowing that it is a violation of this Subsection
1271 (7) to do so is subject to the criminal penalty described in Sections 62A-4a-412 and 63-2-801 .
1272 Section 30. Section 62A-4a-1007 is amended to read:
1273 62A-4a-1007. False reports -- Penalties.
1274 (1) The division shall send a certified letter to any person who submits a report of
1275 [child] abuse or neglect that is placed into or included in any part of the Management
1276 Information System, if the division determines, at the conclusion of its investigation, that:
1277 (a) the report is false;
1278 (b) it is more likely than not that the person knew the report was false at the time that
1279 person submitted the report; and
1280 (c) the reporting person's address is known or reasonably available.
1281 (2) The letter shall inform the reporting person of:
1282 (a) the division's determination made under Subsection (1);
1283 (b) the penalty for submitting false information under Section 76-8-506 and other
1284 applicable laws; and
1285 (c) the obligation of the division to inform law enforcement and the person alleged to
1286 have committed abuse or neglect:
1287 (i) in the present instance if law enforcement considers an immediate referral of the
1288 reporting person to law enforcement to be justified by the facts; or
1289 (ii) if the reporting person submits a subsequent false report involving the same alleged

1290 perpetrator or victim.
1291 (3) The division may inform law enforcement and the alleged perpetrator of a report for
1292 which a letter is required to be sent under Subsection (1), if an immediate referral is justified by
1293 the facts.
1294 (4) The division shall inform law enforcement and the alleged perpetrator of a report for
1295 which a letter is required to be sent under Subsection (1) if a second letter is sent to the
1296 reporting person involving the same alleged perpetrator or victim.
1297 (5) The division shall determine, in consultation with law enforcement:
1298 (a) what information should be given to an alleged perpetrator relating to a false report;
1299 and
1300 (b) whether good cause exists, as defined by the division by rule, for not informing an
1301 alleged perpetrator about a false report.
1302 (6) Nothing in this section may be construed as requiring the division to conduct an
1303 investigation beyond what is described in Subsection (1), to determine whether or not a report
1304 is false.
1305 Section 31. Section 62A-4a-1009 is amended to read:
1306 62A-4a-1009. Notice and opportunity to challenge supported finding in
1307 Management Information System -- Right of judicial review.
1308 (1) (a) Except as provided in Subsection (2), the division shall send a notice of agency
1309 action to a person with respect to whom the division makes a supported finding. In addition, if
1310 the alleged perpetrator is under the age of 18, the division shall:
1311 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
1312 (ii) send a notice to each parent or guardian identified under Subsection (1)(a)(i) that
1313 lives at a different address, unless there is good cause, as defined by rule, for not sending a
1314 notice to a parent or guardian.
1315 (b) Nothing in this section may be construed as affecting:
1316 (i) the manner in which the division conducts an investigation; or
1317 (ii) the use or effect, in any other setting, of a supported finding by the division at the

1318 completion of an investigation for any purpose other than for notification under Subsection (1)
1319 (a).
1320 (2) Subsection (1) does not apply to a person who has been served with notice under
1321 Subsection 62A-4a-1005 (1)(a).
1322 (3) The notice described in Subsection (1) shall state:
1323 (a) that the division has conducted an investigation regarding alleged [child] abuse,
1324 neglect, or dependency;
1325 (b) that the division has made a supported finding of abuse, neglect, or dependency;
1326 (c) that facts gathered by the division support the supported finding;
1327 (d) that the person has the right to request:
1328 (i) a copy of the report; and
1329 (ii) an opportunity to challenge the supported finding by the division; and
1330 (e) that failure to request an opportunity to challenge the supported finding within 30
1331 days of receiving the notice will result in an unappealable supported finding of [child] abuse,
1332 neglect, or dependency unless the person can show good cause for why compliance within the
1333 30-day requirement was virtually impossible or unreasonably burdensome.
1334 (4) (a) A person may make a request to challenge a supported finding within 30 days of
1335 a notice being received under this section.
1336 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
1337 Hearings shall hold an adjudicative proceeding pursuant to Title 63, Chapter 46b,
1338 Administrative Procedures Act.
1339 (5) (a) In an adjudicative proceeding held pursuant to this section, the division shall
1340 have the burden of proving, by a preponderance of the evidence, that [child] abuse, neglect, or
1341 dependency occurred and that the alleged perpetrator was substantially responsible for the abuse
1342 or neglect that occurred.
1343 (b) Any party shall have the right of judicial review of final agency action, in accordance
1344 with Title 63, Chapter 46b, Administrative Procedures Act.
1345 (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after

1346 receiving notice, fails to challenge a supported finding in accordance with this section:
1347 (a) may not further challenge the finding; and
1348 (b) shall have no right to:
1349 (i) agency review of the finding;
1350 (ii) an adjudicative hearing on the finding; or
1351 (iii) judicial review of the finding.
1352 (7) (a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a
1353 request under Subsection (4) to challenge a supported finding if a court of competent
1354 jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that
1355 the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency which
1356 was also the subject of the supported finding.
1357 (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
1358 (c) An adjudicative proceeding under Subsection (5) may be stayed during the time a
1359 judicial action on the same matter is pending.
1360 (8) Pursuant to Section 78-3a 320, an adjudicative proceeding on a supported finding of
1361 a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may
1362 be joined in the juvenile court with an adjudicative proceeding on a supported finding of a
1363 severe type of child abuse or neglect.
1364 Section 32. Section 62A-4a-1010 is amended to read:
1365 62A-4a-1010. Notice and opportunity for court hearing for persons listed in
1366 Licensing Information System.
1367 (1) Persons whose names were listed on the Licensing Information System as of May 6,
1368 2002 and who have not been the subject of a court determination with respect to the alleged
1369 incident of abuse or neglect may at any time:
1370 (a) request review by the division of their case and removal of their name from the
1371 Licensing Information System pursuant to Subsection (3); or
1372 (b) file a petition for an evidentiary hearing and a request for a finding of
1373 unsubstantiated or without merit.

1374 (2) Subsection (1) does not apply to an individual who has been the subject of any of
1375 the following court determinations with respect to the alleged incident of abuse or neglect:
1376 (a) conviction;
1377 (b) adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996;
1378 (c) plea of guilty;
1379 (d) plea of guilty and mentally ill; or
1380 (e) no contest.
1381 (3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,
1382 2002 requests removal of the alleged perpetrator's name from the Licensing Information
1383 System, the division shall, within 30 days:
1384 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
1385 qualifies as:
1386 (A) a severe type of child abuse or neglect;
1387 (B) chronic [physical] abuse; or
1388 [(C) chronic emotional abuse; or]
1389 [(D)] (C) chronic neglect; and
1390 (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
1391 described in Subsections (3)(a)(i)(A) through (D), remove the alleged perpetrator's name from
1392 the Licensing Information System; or
1393 (b) determine whether to file a petition for substantiation.
1394 (4) If the division decides to file a petition, that petition must be filed no more than 14
1395 days after the decision.
1396 (5) The juvenile court shall act on the petition as provided in Subsection 78-3a-320 (3).
1397 (6) If a person whose name appears on the Licensing Information System prior to May
1398 6, 2002 files a petition pursuant to Section 78-3a-320 during the time that an alleged
1399 perpetrator's application for clearance to work with children or vulnerable adults is pending, the
1400 court shall hear the matter on an expedited basis.
1401 Section 33. Section 76-7-304 is amended to read:

1402 76-7-304. Considerations by physician -- Notice to a parent or guardian --
1403 Exceptions.
1404 (1) As used in this section:
1405 (a) "abuse" is as defined in Section [ 62A-4a-101 ] 78-3a-103 ; and
1406 (b) "minor" means a person who is:
1407 (i) under 18 years of age;
1408 (ii) unmarried; and
1409 (iii) not emancipated.
1410 (2) To enable the physician to exercise the physician's best medical judgment, the
1411 physician shall consider all factors relevant to the well-being of the woman upon whom the
1412 abortion is to be performed including:
1413 (a) her physical, emotional and psychological health and safety;
1414 (b) her age; and
1415 (c) her familial situation.
1416 (3) Subject to Subsection (4), at least 24 hours before a physician performs an abortion
1417 on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to
1418 have an abortion.
1419 (4) A physician is not required to comply with Subsection (3) if:
1420 (a) subject to Subsection (5)(a):
1421 (i) a medical condition exists that, on the basis of the physician's good faith clinical
1422 judgment, so complicates the medical condition of a pregnant minor as to necessitate the
1423 abortion of her pregnancy to avert:
1424 (A) the minor's death; or
1425 (B) a serious risk of substantial and irreversible impairment of a major bodily function
1426 of the minor; and
1427 (ii) there is not sufficient time to give the notice required under Subsection (3) before it
1428 is necessary to terminate the minor's pregnancy in order to avert the minor's death or
1429 impairment described in Subsection (4)(a)(i);

1430 (b) subject to Subsection (5)(b):
1431 (i) the physician complies with Subsection (6); and
1432 (ii) (A) the minor is pregnant as a result of incest to which the parent or guardian was a
1433 party; or
1434 (B) the parent or guardian has abused the minor; or
1435 (c) subject to Subsection (5)(b), the parent or guardian has not assumed responsibility
1436 for the minor's care and upbringing.
1437 (5) (a) If, for the reason described in Subsection (4)(a), a physician does not give the
1438 24-hour notice described in Subsection (3), the physician shall give the required notice as early
1439 as possible before the abortion, unless it is necessary to perform the abortion immediately in
1440 order to avert the minor's death or impairment described in Subsection (4)(a)(i).
1441 (b) If, for a reason described in Subsection (4)(b) or (c), a parent or guardian of a minor
1442 is not notified that the minor intends to have an abortion, the physician shall notify another
1443 parent or guardian of the minor, if the minor has another parent or guardian that is not exempt
1444 from notification under Subsection (4)(b) or (c).
1445 (6) If, for a reason described in Subsection (4)(b)(ii)(A) or (B), a physician does not
1446 notify a parent or guardian of a minor that the minor intends to have an abortion, the physician
1447 shall report the incest or abuse to the Division of Child and Family Services within the
1448 Department of Human Services.
1449 Section 34. Section 78-3a-103 is amended to read:
1450 78-3a-103. Definitions.
1451 (1) As used in this chapter:
1452 [(a) "Abused child" includes a child who:]
1453 [(i) has suffered or been threatened with nonaccidental physical or mental harm,
1454 negligent treatment, or sexual exploitation; or]
1455 [(ii) has been the victim of any sexual abuse.]
1456 (a) (i) "Abuse" means:
1457 (A) nonaccidental harm of a child;

1458 (B) threatened harm of a child;
1459 (C) sexual exploitation; or
1460 (D) sexual abuse.
1461 (ii) "Abuse" does not include:
1462 (A) reasonable discipline or management of a child, including withholding privileges;
1463 (B) conduct described in Section 76-2-401 ; or
1464 (C) the use of reasonable and necessary physical restraint or force on a child:
1465 (I) in self-defense;
1466 (II) in defense of others;
1467 (III) to protect the child; or
1468 (IV) to remove a weapon in the possession of a child for any of the reasons described in
1469 Subsections (1)(a)(ii)(C)(I) through (III).
1470 (b) "Abused child" means a child who has been subjected to abuse.
1471 [(b)] (c) "Adjudication" means a finding by the court, incorporated in a decree, that the
1472 facts alleged in the petition have been proved.
1473 [(c)] (d) "Adult" means a person 18 years of age or over, except that a person 18 years
1474 or over under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121
1475 shall be referred to as a minor.
1476 [(d)] (e) "Board" means the Board of Juvenile Court Judges.
1477 [(e)] (f) "Child" means a person under 18 years of age.
1478 [(f)] (g) "Child placement agency" means:
1479 (i) a private agency licensed to receive a child for placement or adoption under this
1480 code; or
1481 (ii) a private agency that receives a child for placement or adoption in another state,
1482 which agency is licensed or approved where such license or approval is required by law.
1483 [(g)] (h) "Clandestine laboratory operation" is as defined in Section 58-37d-3 .
1484 [(h)] (i) "Commit" means, unless specified otherwise:
1485 (i) with respect to a child, to transfer legal custody; and

1486 (ii) with respect to a minor who is at least 18 years of age, to transfer custody.
1487 [(i)] (j) "Court" means the juvenile court.
1488 [(j)] (k) "Dependent child" includes a child who is homeless or without proper care
1489 through no fault of the child's parent, guardian, or custodian.
1490 [(k)] (l) "Deprivation of custody" means transfer of legal custody by the court from a
1491 parent or the parents or a previous legal custodian to another person, agency, or institution.
1492 [(l)] (m) "Detention" means home detention and secure detention as defined in Section
1493 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
1494 restricting facility:
1495 (i) pending court disposition or transfer to another jurisdiction; or
1496 (ii) while under the continuing jurisdiction of the court.
1497 [(m)] (n) "Division" means the Division of Child and Family Services.
1498 [(n)] (o) "Formal referral" means a written report from a peace officer or other person
1499 informing the court that a minor is or appears to be within the court's jurisdiction and that a
1500 petition may be filed.
1501 [(o)] (p) "Group rehabilitation therapy" means psychological and social counseling of
1502 one or more persons in the group, depending upon the recommendation of the therapist.
1503 [(p)] (q) "Guardianship of the person" includes the authority to consent to:
1504 (i) marriage;
1505 (ii) enlistment in the armed forces;
1506 (iii) major medical, surgical, or psychiatric treatment; or
1507 (iv) legal custody, if legal custody is not vested in another person, agency, or
1508 institution.
1509 [(q)] (r) "Habitual truant" is as defined in Section 53A-11-101 .
1510 (s) "Harm" means:
1511 (i) physical, emotional, or developmental injury or damage;
1512 (ii) sexual abuse; or
1513 (iii) sexual exploitation.

1514 (t) (i) "Incest" means engaging in sexual intercourse with a person whom the
1515 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1516 nephew, niece, or first cousin.
1517 (ii) The relationships described in Subsection (1)(t)(i) include:
1518 (A) blood relationships of the whole or half blood, without regard to legitimacy;
1519 (B) relationships of parent and child by adoption; and
1520 (C) relationships of stepparent and stepchild while the marriage creating the relationship
1521 of a stepparent and stepchild exists.
1522 [(r)] (u) "Legal custody" means a relationship embodying the following rights and
1523 duties:
1524 (i) the right to physical custody of the minor;
1525 (ii) the right and duty to protect, train, and discipline the minor;
1526 (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1527 medical care;
1528 (iv) the right to determine where and with whom the minor shall live; and
1529 (v) the right, in an emergency, to authorize surgery or other extraordinary care.
1530 [(s)] (v) "Minor" means:
1531 (i) a child; or
1532 (ii) a person who is: