S.B. 17

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 5, 2008 at 5:39 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 8, 2008 at 1:35 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments (CORRECTED) incorporated into the bill on Mon, Feb 11, 2008 at 4:28 PM by rday. -->

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CHILD ABUSE AND NEGLECT REGISTRY -
2 MANAGEMENT AND LICENSING
3 INFORMATION SYSTEMS AMENDMENTS
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Gene Davis
7 House Sponsor: David Litvack
8
9 LONG TITLE
10 Committee Note:
11 The Child Welfare Legislative Oversight Panel recommended this bill.
12 General Description:
13 This bill amends provisions of the Utah Human Services Code and the S. [ Juvenile Court
14 Act of 1996 ] Government Records Access and Management Act .S relating to the Management
14a Information System maintained by the
15 Department of Human Services.
16 Highlighted Provisions:
17 This bill:
18 S. [ . provides that reports that are found to be without merit and false may not be
19 included in the Management Information System;
20 . provides that contract providers for the Division of Child and Family Services and
21 designated court clerks may only have access to reports on the Management
22 Information System that are substantiated or supported;
23 . places limitations on the use of certain reports on the Management Information
24 System as evidence in proceedings for child custody, a protection order, or divorce;
25 . requires that, when the division or a court makes a finding that a report is without
26 merit, the division or the court must also determine whether the report is false;
27 . describes how long a report remains on the Management Information System; ]
27a . modifies provisions related to access to records in the Management Information System;

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. establishes a procedure for providing an alleged perpetrator of child abuse, neglect,
27c or dependency with notice and an opportunity to challenge:
27d . a finding of unsupported or without merit by the division; and
27e . the listing of the finding in the Management Information System; .S

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. provides that proceedings for judicial review of a final agency action relating to a
29 report on the Management Information System are closed to the public;
30 . grants rulemaking authority to the Judicial Council to ensure the confidentiality of
31 the proceedings described above; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 S. [ 26-21-9.5, as last amended by Chapter 43, Laws of Utah 2007
40 62A-2-121, as last amended by Chapter 152, Laws of Utah 2007 ]
40a 62A-4a-412, as last amended by Laws of Utah 2006, Chapters 77 and 281
41 [ 62A-4a-1003, as last amended by Laws of Utah 2007, Chapter 152
42 62A-4a-1008, as renumbered and amended by Laws of Utah 2006, Chapter 77 ] .S
43 62A-4a-1009, as renumbered and amended by Laws of Utah 2006, Chapter 77
43a S. 63-2-202, as last amended by Laws of Utah 2005, Chapter 201
43b 63-2-304, as last amended by Laws of Utah 2007, Chapters 66 and 352
44 [ 78-3a-104, as last amended by Laws of Utah 2006, Chapters 55, 132, and 281 ]
44a 78-3a-314, as last amended by Laws of Utah 2007, Chapter 152
45 [ 78-3a-320, as last amended by Laws of Utah 2006, Chapter 77
46 ENACTS:
47 62A-4a-1003.5, Utah Code Annotated 1953 ] .S
48
49 Be it enacted by the Legislature of the state of Utah:
50 S. [ Section 1. Section 26-21-9.5 is amended to read:
51 26-21-9.5. Criminal background check and Licensing Information System check.
52 (1) For purposes of this section:
53 (a) "Covered health care facility" means:
54 (i) home health care agencies;
55 (ii) hospices;
56 (iii) nursing care facilities;
57 (iv) assisted-living facilities;
58 (v) small health care facilities; and ] .S

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S. [ (vi) end stage renal disease facilities.
60 (b) "Covered person" includes:
61 (i) the following people who provide direct patient care:
62 (A) employees;
63 (B) volunteers; and
64 (C) people under contract with the facility; and
65 (ii) for residential settings, any individual residing in the home where the assisted
66 living or small health care program is to be licensed who:
67 (A) is 18 years of age or older; or
68 (B) is a child between the age of 12 and 17 years of age; however, the identifying
69 information required for a child between the age of 12 and 17 does not include fingerprints.
70 (2) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9 , a
71 covered health care facility at the time of initial application for a license and license renewal
72 shall:
73 (a) submit the name and other identifying information of each covered person at the
74 covered facility who:
75 (i) provides direct care to a patient; and
76 (ii) has been the subject of a criminal background check within the preceding
77 three-year period by a public or private entity recognized by the department; and
78 (b) submit the name and other identifying information, which may include fingerprints,
79 of each covered person at the covered facility who has not been the subject of a criminal
80 background check in accordance with Subsection (1)(a)(ii).
81 (3) (a) The department shall forward the information received under Subsection (2)(b)
82 to the Criminal Investigations and Technical Services Division of the Department of Public
83 Safety for processing to determine whether the covered individual has been convicted of any
84 crime.
85 (b) Except for individuals described in Subsection (1)(b)(ii)(B), if an individual has not
86 had residency in Utah for the last five years, the individual shall submit fingerprints for an FBI
87 national criminal history record check. The fingerprints shall be submitted to the FBI through
88 the Criminal Investigations and Technical Services Division. The individual or licensee is
89 responsible for the cost of the fingerprinting and national criminal history check. ] .S

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S. [ (4) The department may determine whether:
91 (a) an individual whose name and other identifying information has been submitted
92 pursuant to Subsection (2) and who provides direct care to children is listed in the Licensing
93 Information System described in Section 62A-4a-1006 or has a substantiated finding by a court
94 of a severe type of child abuse or neglect under Section 78-3a-320 , if identification as a
95 possible perpetrator of child abuse or neglect is relevant to the employment activities of that
96 individual;
97 (b) an individual whose name and other identifying information has been submitted
98 pursuant to Subsection (2) and who provides direct care to disabled or elder adults, or who is
99 residing in a residential home that is a facility licensed to provide direct care to disabled or
100 elder adults has a substantiated finding of abuse, neglect, or exploitation of a disabled or elder
101 adult by accessing in accordance with Subsection (5) the database created in Section
102 62A-3-311.1 if identification as a possible perpetrator of disabled or elder adult abuse, neglect,
103 or exploitation is relevant to the employment activities or residence of that person; or
104 (c) an individual whose name or other identifying information has been submitted
105 pursuant to Subsection (2) has been adjudicated in a juvenile court of committing an act which
106 if committed by an adult would be a felony or a misdemeanor if:
107 (i) the individual is under the age of 28 years; or
108 (ii) the individual is over the age of 28 and has been convicted, has pleaded no contest,
109 or is currently subject to a plea in abeyance or diversion agreement for any felony or
110 misdemeanor.
111 (5) (a) The department shall:
112 (i) designate two persons within the department to access:
113 (A) the Licensing Information System described in Section 62A-4a-1006 ;
114 (B) court records under Subsection 78-3a-320 [(6)](7);
115 (C) the database described in Subsection (4)(b); and
116 (D) juvenile court records as permitted by Subsection (4)(c); and
117 (ii) adopt measures to:
118 (A) protect the security of the Licensing Information System, the court records, and the
119 database; and
120 (B) strictly limit access to the Licensing Information System, the court records, and the ] .S

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S. [ database to those designated under Subsection (5)(a)(i).
122 (b) Those designated under Subsection (5)(a)(i) shall receive training from the
123 Department of Human Services with respect to:
124 (i) accessing the Licensing Information System, the court records, and the database;
125 (ii) maintaining strict security; and
126 (iii) the criminal provisions in Section 62A-4a-412 for the improper release of
127 information.
128 (c) Those designated under Subsection (5)(a)(i):
129 (i) are the only ones in the department with the authority to access the Licensing
130 Information System, the court records, and database; and
131 (ii) may only access the Licensing Information System, the court records, and the
132 database for the purpose of licensing and in accordance with the provisions of Subsection (4).
133 (6) Within ten days of initially hiring a covered individual, a covered health care
134 facility shall submit the covered individual's information to the department in accordance with
135 Subsection (2).
136 (7) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
137 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
138 who has been convicted of a criminal offense, or a person described in Subsection (4), may
139 provide direct care to a patient in a covered health care facility, taking into account the nature
140 of the criminal conviction or substantiated finding and its relation to patient care.
141 (8) The department may, in accordance with Section 26-1-6 , assess reasonable fees for
142 a criminal background check processed pursuant to this section.
143 (9) The department may inform the covered health care facility of information
144 discovered under Subsection (4) with respect to a covered individual.
145 (10) A covered health care facility is not civilly liable for submitting information to the
146 department as required by this section.
147 Section 2. Section 62A-2-121 is amended to read:
148 62A-2-121. Access to abuse and neglect information.
149 (1) For purposes of this section:
150 (a) "Direct service worker" is as defined in Section 62A-5-101 .
151 (b) "Personal care attendant" is as defined in Section 62A-3-101 . ] .S

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S. [ (2) With respect to a licensee, a certified local inspector applicant, a direct service
153 worker, or a personal care attendant, the department may access only the Licensing Information
154 System of the Division of Child and Family Services created by Section 62A-4a-1006 and
155 juvenile court records under Subsection 78-3a-320 [(6)](7), for the purpose of:
156 (a) (i) determining whether a person associated with a licensee, with direct access to
157 children:
158 (A) is listed in the Licensing Information System; or
159 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
160 neglect under Subsections 78-3a-320 (1) and (2); and
161 (ii) informing a licensee that a person associated with the licensee:
162 (A) is listed in the Licensing Information System; or
163 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
164 neglect under Subsections 78-3a-320 (1) and (2);
165 (b) (i) determining whether a certified local inspector applicant:
166 (A) is listed in the Licensing Information System; or
167 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
168 neglect under Subsections 78-3a-320 (1) and (2); and
169 (ii) informing a local government that a certified local inspector applicant:
170 (A) is listed in the Licensing Information System; or
171 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
172 neglect under Subsections 78-3a-320 (1) and (2);
173 (c) (i) determining whether a direct service worker:
174 (A) is listed in the Licensing Information System; or
175 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
176 neglect under Subsections 78-3a-320 (1) and (2); and
177 (ii) informing a direct service worker or the direct service worker's employer that the
178 direct service worker:
179 (A) is listed in the Licensing Information System; or
180 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
181 neglect under Subsections 78-3a-320 (1) and (2); or
182 (d) (i) determining whether a personal care attendant: ] .S

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S. [ (A) is listed in the Licensing Information System; or
184 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
185 neglect under Subsections 78-3a-320 (1) and (2); and
186 (ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
187 personal care attendant:
188 (A) is listed in the Licensing Information System; or
189 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
190 neglect under Subsections 78-3a-320 (1) and (2).
191 (3) Notwithstanding Subsection (2), the department may access the Division of Child
192 and Family Service's Management Information System under Section 62A-4a-1003 :
193 (a) for the purpose of licensing and monitoring foster parents; and
194 (b) for the purposes described in Subsection 62A-4a-1003 (1)(d).
195 (4) After receiving identifying information for a person under Subsection
196 62A-2-120 (1), the department shall process the information for the purposes described in
197 Subsection (2).
198 (5) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
199 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
200 may have direct access or provide services to children when:
201 (a) the person is listed in the Licensing Information System of the Division of Child
202 and Family Services created by Section 62A-4a-1006 ; or
203 (b) juvenile court records show that a court made a substantiated finding under Section
204 78-3a-320 , that the person committed a severe type of child abuse or neglect.
205 Section 3. Section 62A-4a-1003 is amended to read:
206 62A-4a-1003. Management Information System -- Requirements -- Contents --
207 Purpose -- Access.
208 (1) (a) The division shall develop and implement a Management Information System
209 that meets the requirements of this section and the requirements of federal law and regulation.
210 (b) The information and records contained in the Management Information System:
211 (i) are protected records under Title 63, Chapter 2, Government Records Access and
212 Management Act; and
213 (ii) except as provided in Subsections (1)(c) and (d), are available only to a person with ] .S

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S. [ statutory authorization under Title 63, Chapter 2, Government Records Access and
215 Management Act, to review the information and records described in this Subsection (1)(b).
216 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
217 Subsection (1)(b) are available to a person:
218 (i) as provided under Subsection [(6)] (7) or Section 62A-4a-1006 ; or
219 (ii) who has specific statutory authorization to access the information or records for the
220 purpose of assisting the state with state and federal requirements to maintain information solely
221 for the purpose of protecting minors and providing services to families in need.
222 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
223 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
224 be provided by the division:
225 (i) to comply with child abuse and neglect registry checks requested by other states;
226 and
227 (ii) to the United States Department of Health and Human Services for purposes of
228 maintaining an electronic national registry of substantiated cases of child abuse and neglect.
229 (2) With regard to all child welfare cases, the Management Information System shall
230 provide each caseworker and the department's office of licensing, exclusively for the purposes
231 of foster parent licensure and monitoring, with a complete history of each child in that worker's
232 caseload, including:
233 (a) a record of all past action taken by the division with regard to that child and the
234 child's siblings;
235 (b) the complete case history and all reports and information in the control or keeping
236 of the division regarding that child and the child's siblings;
237 (c) the number of times the child has been in the custody of the division;
238 (d) the cumulative period of time the child has been in the custody of the division;
239 (e) except as provided in Subsection (3), a record of all reports of abuse or neglect
240 received by the division with regard to that child's parent, parents, or guardian including:
241 (i) for each report, documentation of the:
242 (A) latest status; or
243 (B) final outcome or determination; and
244 (ii) information that indicates whether each report was found to be: ] .S

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S. [ (A) supported;
246 (B) unsupported;
247 (C) substantiated by a juvenile court;
248 (D) unsubstantiated by a juvenile court; or
249 (E) without merit;
250 (f) the number of times the child's parent or parents failed any child and family plan;
251 and
252 (g) the number of different caseworkers who have been assigned to that child in the
253 past.
254 (3) The Management Information System may not include a report, or any reference to
255 a report, that is:
256 (a) found by the division to be:
257 (i) without merit; and
258 (ii) false, under Section 62A-4a-1003.5 ; or
259 (b) found by a court to be:
260 (i) without merit; and
261 (ii) false, under Subsection 78-3a-320 (4).
262 [(3)] (4) The [division's] Management Information System shall:
263 (a) contain all key elements of each family's current child and family plan, including:
264 (i) the dates and number of times the plan has been administratively or judicially
265 reviewed;
266 (ii) the number of times the parent or parents have failed that child and family plan;
267 and
268 (iii) the exact length of time the child and family plan has been in effect; and
269 (b) alert caseworkers regarding deadlines for completion of and compliance with
270 policy, including child and family plans.
271 [(4)] (5) With regard to all child protective services cases, the Management
272 Information System shall:
273 (a) monitor the compliance of each case with:
274 (i) division rule and policy;
275 (ii) state law; and ] .S

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S. [ (iii) federal law and regulation; and
277 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
278 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
279 the alleged perpetrator.
280 [(5)] (6) Except as provided in Subsection [(6)] (7) regarding contract providers and
281 Section 62A-4a-1006 regarding limited access to the Licensing Information System, all
282 information contained in the division's Management Information System is available to the
283 department, upon the approval of the executive director, on a need-to-know basis.
284 [(6)] (7) (a) Subject to this Subsection [(6)] (7), the division may allow its contract
285 providers, court clerks designated by the Administrative Office of the Courts, and the Office of
286 the Guardian Ad Litem to have limited access to the Management Information System.
287 (b) A division contract provider has access only to information about a person who is
288 currently receiving services from that specific contract provider.
289 (c) (i) Designated court clerks may only have access to information necessary to
290 comply with Subsection 78-3h-102 (2).
291 (ii) The Office of the Guardian Ad Litem may access only the information that:
292 (A) relates to children and families where the Office of the Guardian Ad Litem is
293 appointed by a court to represent the interests of the children; and
294 (B) except as provided in Subsection [(6)] (7)(d), is entered into the Management
295 Information System on or after July 1, 2004.
296 (d) Notwithstanding Subsection [(6)] (7)(c)(ii)(B), the Office of the Guardian Ad Litem
297 shall have access to all child abuse and neglect referrals about children and families where the
298 office has been appointed by a court to represent the interests of the children, regardless of the
299 date that the information is entered into the Management Information System.
300 (e) Each contract provider and designated representative of the Office of the Guardian
301 Ad Litem who requests access to information contained in the Management Information
302 System shall:
303 (i) take all necessary precautions to safeguard the security of the information contained
304 in the Management Information System;
305 (ii) train its employees regarding:
306 (A) requirements for protecting the information contained in the Management ] .S

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S. [ Information System as required by this chapter and under Title 63, Chapter 2, Government
308 Records Access and Management Act; and
309 (B) the criminal penalties under Sections 62A-4a-412 and 63-2-801 for improper
310 release of information; and
311 (iii) monitor its employees to ensure that they protect the information contained in the
312 Management Information System as required by law.
313 (f) The division shall take reasonable precautions to ensure that its contract providers
314 comply with the requirements of this Subsection [(6)] (7).
315 (g) The contract providers and designated court clerks described in this Subsection (7)
316 may not have access to reports, or references to reports, that are found to be unsubstantiated,
317 unsupported, or without merit.
318 [(7)] (8) The division shall take all necessary precautions, including password
319 protection and other appropriate and available technological techniques, to prevent
320 unauthorized access to or release of information contained in the Management Information
321 System.
322 (9) Reports that are unsubstantiated, unsupported, or without merit may not be
323 admitted as evidence, or relied upon, in a trial or proceeding for child custody, a protection
324 order, or divorce, for the purpose of establishing the truth of the incident asserted in the report.
325 Section 4. Section 62A-4a-1003.5 is enacted to read:
326 62A-4a-1003.5. Report without merit -- Additional finding.
327 If the division finds that a report is without merit, the division shall make an additional
328 finding regarding whether the report is false.
329 Section 5. Section 62A-4a-1008 is amended to read:
330 62A-4a-1008. Timeframes for deletion of specified information or reports. ]
331 [(1) Unless the executive director determines that there is good cause for keeping a
332 report of abuse or neglect in the Management Information System, based on standards
333 established by rule, the division shall delete any reference to:]
334 [(a) a report that is without merit, if no subsequent report involving the same alleged
335 perpetrator has occurred within one year; or]
336 [(b) a report that is determined by a court of competent jurisdiction to be
337 unsubstantiated or without merit, if no subsequent report involving the same alleged .S

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perpetrator has occurred within five years.]
339 S. [ (1) Except as provided in Subsection (3) or (4), the division shall delete from the
340 Management Information System a report that is unsubstantiated or unsupported:
341 (a) after the report has been on the Management Information system for three years,
342 unless the alleged perpetrator is listed on the Management Information System as the
343 perpetrator in a previous substantiated or supported report; or
344 (b) after the report has been on the Management Information System for five years, if
345 the alleged perpetrator is listed on the Management Information System as the perpetrator in a
346 previous substantiated or supported report.
347 (2) Except as provided in Subsection (3), (4), or 62A-4a-1003 (3), the division shall
348 delete from the Management Information System a report that is without merit after the report
349 has been on the Management Information System one year.
350 (3) The time periods described in Subsections (1) and (2) shall start over, beginning on
351 the day that a subsequent report is placed on the Management Information System, if:
352 (a) the alleged perpetrator in the subsequent report is the same as the alleged
353 perpetrator in the report described in Subsection (1) or (2); and
354 (b) the subsequent report is found to be:
355 (i) supported;
356 (ii) unsupported;
357 (iii) substantiated;
358 (iv) unsubstantiated; or
359 (v) without merit, unless the report is:
360 (A) found by the division to be false, under Section 62A-4a-1003.5 ; or
361 (B) found by a court to be false, under Subsection 78-3a-320 (4).
362 (4) (a) Except for a report described in Subsection 62A-4a-1003 (3), a report described
363 in this section may not be deleted, unless otherwise ordered by a court, if the executive director
364 determines, based on standards established by rule, that there is good cause for keeping the
365 report in the Management Information System.
366 (b) A court may order the division to delete a report before the time periods described
367 in this section, if the court finds, by clear and convincing evidence, that it is in the interests of
368 justice to order deletion of the report at an earlier time. ] .S

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S. [ (5) When the division deletes a report under this section, the division shall also delete
370 all references to the report, and information contained in the report, from the Management
371 Information System.
372 [(2)] (6) (a) The division shall maintain a separation of reports as follows:
373 (i) those that are supported;
374 (ii) those that are unsupported;
375 (iii) those that are without merit;
376 (iv) those that are unsubstantiated under the law in effect prior to May 6, 2002;
377 (v) those that are substantiated under the law in effect prior to May 6, 2002; and
378 (vi) those that are consented-to supported findings under Subsection
379 62A-4a-1005 (3)(a)(iii).
380 (b) Only persons with statutory authority [have] may access [to] the information
381 contained in any of the reports identified in Subsection [(2)] (6)(a). ]
381a Section 1. Section 62A-4a-412 is amended to read:
381b 62A-4a-412. Reports and information confidential.
381c (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
381d well as any other information in the possession of the division obtained as the result of a report
381e are private, protected, or controlled records under Title 63, Chapter 2, Government Records
381f Access and Management Act, and may only be made available to:
381g (a) a police or law enforcement agency investigating a report of known or suspected
381h child abuse or neglect;
381i (b) a physician who reasonably believes that a child may be the subject of abuse or
381j neglect;
381k (c) an agency that has responsibility or authority to care for, treat, or supervise a
381l minor who is the subject of a report;
381m (d) a contract provider that has a written contract with the division to render services
381n to a minor who is the subject of a report;
381o (e) [any] except as provided in Subsection 63-2-202(10), a subject of the report, the
381p natural parents of the child, and the guardian ad litem;
381q (f) a court, upon a finding that access to the records may be necessary for the
381r determination of an issue before the court, provided that in a divorce, custody, or related
381s proceeding between private parties, the record alone is:
381t (i) limited to objective or undisputed facts that were verified at the time of the
381u investigation; and
381v (ii) devoid of conclusions drawn by the division or any of the division's workers on .S

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S. the ultimate issue of whether or not a person's acts or omissions constituted any level of
381x abuse or neglect of another person;
381y (g) an office of the public prosecutor or its deputies in performing an official duty;
381z (h) a person authorized by a Children's Justice Center, for the purposes described in
381aa Section 67-5b-102;
381ab (i) a person engaged in bona fide research, when approved by the director of the
381ac division, if the information does not include names and addresses;
381ad (j) the State Office of Education, acting on behalf of itself or on behalf of a school
381ae district, for the purpose of evaluating whether an individual should be permitted to obtain or
381af retain a license as an educator or serve as an employee or volunteer in a school, limited to
381ag information with substantiated findings involving an alleged sexual offense, an alleged felony
381ah or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
381ai Chapter 5, Offenses Against the Person, and with the understanding that the office must
381aj provide the subject of a report received under Subsection (1)(k) with an opportunity to
381ak respond to the report before making a decision concerning licensure or employment;
381al (k) any person identified in the report as a perpetrator or possible perpetrator of child
381am abuse or neglect, after being advised of the screening prohibition in Subsection (2);
381an (l) except as provided in Subsection 63-2-202(10), a person filing a petition for a child
381ao protective order on behalf of a child who is the subject of the report; and
381ap (m) a licensed child-placing agency or person who is performing a preplacement
381aq adoptive evaluation in accordance with the requirements of Section 78-30-3.5.
381ar (2) (a) A person, unless listed in Subsection (1), may not request another person to
381as obtain or release a report or any other information in the possession of the division obtained as
381at a result of the report that is available under Subsection (1)(k) to screen for potential
381au perpetrators of child abuse or neglect.
381av (b) A person who requests information knowing that it is a violation of Subsection
381aw (2)(a) to do so is subject to the criminal penalty in Subsection (4).
381ax (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
381ay and law enforcement officials shall ensure the anonymity of the person or persons making the
381az initial report and any others involved in its subsequent investigation.
381ba (b) Notwithstanding any other provision of law, excluding Section 78-3a-314, but
381bb including this chapter and Title 63, Chapter 2, Government Records Access and Management
381bc Act, when the division makes a report or other information in its possession available under
381bd Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove .S

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S. from the report or other information only the names, addresses, and telephone numbers of
381bf individuals or specific information that could:
381bg (i) identify the referent;
381bh (ii) impede a criminal investigation; or
381bi (iii) endanger a person's safety.
381bj (4) Any person who wilfully permits, or aides and abets the release of data or
381bk information obtained as a result of this part, in the possession of the division or contained on
381bl any part of the Management Information System, in violation of this part or Sections
381bm 62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
381bn (5) The physician-patient privilege is not a ground for excluding evidence regarding a
381bo child's injuries or the cause of those injuries, in any proceeding resulting from a report made
381bp in good faith pursuant to this part.
381bq (6) A child-placing agency or person who receives a report in connection with a
381br preplacement adoptive evaluation pursuant to Section 78-30-3.5:
381bs (a) may provide this report to the person who is the subject of the report; and
381bt (b) may provide this report to a person who is performing a preplacement adoptive
381bu evaluation in accordance with the requirement of Section 78-30-3.5, or to a licensed
381bv child-placing agency or to an attorney seeking to facilitate an adoption. .S
382 Section 6. Section 62A-4a-1009 is amended to read:
383 62A-4a-1009. Notice and opportunity to challenge S. [ supported ] .S finding S. of
383a supported, unsupported, or without merit .S in
384 Management Information System -- Right of judicial review.
385 (1) (a) Except as provided in Subsection (2), the division shall send a notice of agency
386 action to a person with respect to whom the division makes a S. [ supported ] .S finding S. of
386a supported, unsupported, or without merit .S . In addition, if
387 the alleged perpetrator is under the age of 18, the division shall:
388 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
389 (ii) send a notice to each parent or guardian identified under Subsection (1)(a)(i) that
390 lives at a different address, unless there is good cause, as defined by rule, for not sending a
391 notice to a parent or guardian.
392 (b) Nothing in this section may be construed as affecting:
393 (i) the manner in which the division conducts an investigation; or
394 (ii) the use or effect, in any other setting, of a supported finding by the division at the
395 completion of an investigation for any purpose other than for notification under Subsection (1)

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(a).
397 (2) Subsection (1) does not apply to a person who has been served with notice under
398 Subsection 62A-4a-1005 (1)(a).
399 (3) The notice described in Subsection (1) S. , relating to a supported finding, .S shall state:

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(a) that the division has conducted an investigation regarding alleged child abuse,
401 neglect, or dependency;
402 (b) that the division has made a supported finding of abuse, neglect, or dependency;
403 (c) that facts gathered by the division support the supported finding;
404 (d) that the person has the right to request:
405 (i) a copy of the report; and
406 (ii) an opportunity to challenge the supported finding by the division; and
407 (e) that failure to request an opportunity to challenge the supported finding within 30
408 days of receiving the notice will result in an unappealable supported finding of child abuse,
409 neglect, or dependency unless the person can show good cause for why compliance within the
410 30-day requirement was virtually impossible or unreasonably burdensome.
411 (4) (a) A person may make a request to challenge a supported finding within 30 days of
412 a notice being received under this section.
413 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
414 Hearings shall hold an adjudicative proceeding pursuant to Title 63, Chapter 46b,
415 Administrative Procedures Act.
416 (5) (a) In an adjudicative proceeding held pursuant to this section, S. based on a
416a challenge to a supported finding, .S the division shall
417 have the burden of proving, by a preponderance of the evidence, that child abuse, neglect, or
418 dependency occurred and that the alleged perpetrator was substantially responsible for the
419 abuse or neglect that occurred.
420 (b) Any party shall have the right of judicial review of final agency action S. under this
420a section, regardless of whether the finding is supported, unsupported, or without merit, .S , in
421 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
422 (c) Proceedings for judicial review of a final agency action under this section shall be
423 closed to the public.
424 (d) The Judicial Council shall make rules that ensure the confidentiality of the
425 proceedings described in Subsection (5)(c) and the records related to the proceedings.
425a S. (6) (a) If, after receiving a report of alleged child abuse, neglect, or dependency, the
425b division makes a finding that the report is unsupported or without merit, the division shall
425c serve notice of the finding, described in Subsection (6)(b), on the alleged perpetrator.
425d (b) The notice described in Subsection (6)(a):
425e (i) shall state that:
425f (A) the division has conducted an investigation regarding a report of alleged.S

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S. child abuse, neglect, or dependency;
425h (B) the division has made a finding that the report is unsupported or without merit;
425i (C) the alleged perpetrator's name, information, and the report have been entered into
425j the Management Information System, together with an indication that the report was found to
425k be unsupported or without merit;
425l (D) the information described in Subsection (6)(b)(i)(C):
425m (I) will not be included in the Licensing Information System; and
425n (II) may not be accessed and used to disqualify the alleged perpetrator from adopting a
425o child or being licensed by:
425p (Aa) the department;
425q (Bb) a human services licensee;
425r (Cc) a child care provider or program; or
425s (Dd) a covered health care facility;
425t (E) the alleged perpetrator has the rights described in Subsection (7); and
425u (F) failure to take the action described in Subsection (7)(a) within two years after
425v service of the notice will result in the action described in Subsection (7)(b);
425w (ii) shall include a general statement of the nature of the findings; and
425x (iii) may not include:
425y (A) the name of a victim or witness; or
425z (B) any privacy information related to the victim or a witness.
425aa (7) (a) Upon receipt of the notice described in Subsection (6), the alleged perpetrator
425ab shall have the right to:
425ac (i) except as provided in Subsection (7)(c), submit a request for agency review to the
425ad division, requesting one or both of the following:
425ae (A)if the finding described in Subsection (6)(a) is a finding of unsupported, that the
425af division reduce the finding to a finding of without merit; or
425ag (B) if the finding described in Subsection (6)(a) is a finding of unsupported or without
425ah merit, that the division remove the alleged perpetrator's name and information, the finding,
425ai and the report to which it relates, from the Management Information System; or
425aj (ii) sign a written consent to:
425ak (A) the finding made under Subsection (6)(a); and
425al (B) entry into the Management Information System of the alleged perpetrator's name
425am and information, the finding, and the report.
425an (b) The alleged perpetrator's name and information, the finding, and the report .S

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S.shall remain in the Management Information System:
425ap (i) if the alleged perpetrator fails to submit a request for agency review under
425aq Subsection (7)(a)(i) within two years after service of the notice described in Subsection (6);
425ar (ii) during the time that the division awaits a request for agency review from the
425as alleged perpetrator pursuant to Subsection (7)(a); and
425at (iii) unless:
425au (A) in response to a request for agency review, the division determines, under
425av Subsection (7)(a)(i)(B), to remove the alleged perpetrator's name and information, including
425aw the finding and the report, from the Management Information System;
425ax (B) the division refuses to take the action described in Subsection (7)(b)(iii)(A) and the
425ay division's decision is overturned; or
425az (C) a court orders that the perpetrator's name and information, the finding, and the
425ba report be removed from the Management Information System.
425bb (c) The alleged perpetrator has no right to submit a request for agency review to the
425bc division under Subsection (7)(a)(i) if a court previously held a hearing on the same alleged
425bd incident of abuse, neglect, or dependency, pursuant to the filing of a petition under Section
425be 78-3a-305, by some other party.
425bf (d) Consent under Subsection (7)(a)(ii) by a child shall be given by the child's parent or
425bg guardian.
425bh (e) In considering a request described in Subsection (7)(a)(i)(A), the agency shall have
425bi the burden of proving, by a preponderance of the evidence, that the finding should be
425bj unsupported, rather than without merit.
425bk (f) In considering a request described in Subsection (7)(a)(i)(B), the person who
425bl submitted the request for review shall have the burden of proving, by a preponderance of the
425bm evidence, that the person's interest in having the report and finding removed from the
425bn Management Information System outweighs the interest of the division or an alleged victim in
425bo maintaining the report and finding in the Management Information System.
425bp (g) If the division refuses to take the action requested under Subsection (7)(a)(i), the
425bq person who submitted the request for agency review may challenge the decision pursuant to
425br Title 63, Chapter 46b, Administrative Procedures Act. .S
426 S. [ (6) ] (8) .S Except as otherwise provided in this chapter, an alleged perpetrator who, after
427 receiving notice, fails to challenge a S. [ supported ] .S finding S. of supported, unsupported,
427a or without merit, .S in accordance with this section:
428 (a) may not further challenge the finding; and
429 (b) shall have no right to:
430 (i) agency review of the finding;

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(ii) an adjudicative hearing on the finding; or
432 (iii) judicial review of the finding.
433 S. [ (7) ] (9) .S (a) Except as provided in Subsection S. [ (7) ] (9) .S (b), an alleged
433a perpetrator may not make a
434 request under Subsection (4) S. or (7)(a)(i) .S to challenge a S. [ supported ] .S finding
434a S. of supported, unsupported, or without merit, .S if a court of competent
435 jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that S. :
436 (i) .S the alleged perpetrator is substantially responsible for the abuse, neglect, or
436a dependency which
437 was also the subject of the supported finding S. ; or
437a (ii) the report was unsubstantiated or without merit .S .
438 (b) Subsection S. [ (7) ] (9) .S (a) does not apply to pleas in abeyance or diversion
438a agreements.
439 (c) An adjudicative proceeding under Subsection (5) S. or (7) .S may be stayed during
439a the time a
440 judicial action on the same matter is pending.
441 S. [ (8) ] (10) .S Pursuant to Section 78-3a 320, an adjudicative proceeding on a supported
441a finding of
442 a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may
443 be joined in the juvenile court with an adjudicative proceeding on a supported finding of a
444 severe type of child abuse or neglect.
444a S. Section 8. Section 63-2-202
444b 63-2-202. Access to private, controlled, and protected documents.
444c (1) Upon request, a governmental entity shall disclose a private record to:
444d (a) the subject of the record;
444e (b) the parent or legal guardian of an unemancipated minor who is the subject of the
444f record;
444g (c) the legal guardian of a legally incapacitated individual who is the subject of the
444h record;
444i (d) any other individual who:
444j (i) has a power of attorney from the subject of the record;
444k (ii) submits a notarized release from the subject of the record or his legal
444l representative dated no more than 90 days before the date the request is made; or
444m (iii) if the record is a medical record described in Subsection 63-2-302(1)(b), is a health
444n care provider, as defined in Section 26-33a-102, if releasing the record or information in the
444o record is consistent with normal professional practice and medical ethics; or
444p (e) any person to whom the record must be provided pursuant to:
444q (i) court order as provided in Subsection (7); or
444r (ii) a legislative subpoena as provided in Title 36, Chapter 14.
444s (2) (a) Upon request, a governmental entity shall disclose a controlled record to: .S

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S. (i) a physician, psychologist, certified social worker, insurance provider or producer, or
444u a government public health agency upon submission of:
444v (A) a release from the subject of the record that is dated no more than 90 days prior to
444w the date the request is made; and
444x (B) a signed acknowledgment of the terms of disclosure of controlled information as
444y provided by Subsection (2)(b); and
444z (ii) any person to whom the record must be disclosed pursuant to:
444aa (A) a court order as provided in Subsection (7); or
444ab (B) a legislative subpoena as provided in Title 36, Chapter 14.
444ac (b) A person who receives a record from a governmental entity in accordance with
444ad Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
444ae including the subject of the record.
444af (3) If there is more than one subject of a private or controlled record, the portion of the
444ag record that pertains to another subject shall be segregated from the portion that the requester
444ah is entitled to inspect.
444ai (4) Upon request, and except as provided in Subsection (10), a governmental entity
444aj shall disclose a protected record to:
444ak (a) the person who submitted the record;
444al (b) any other individual who:
444am (i) has a power of attorney from all persons, governmental entities, or political
444an subdivisions whose interests were sought to be protected by the protected classification; or
444ao (ii) submits a notarized release from all persons, governmental entities, or political
444ap subdivisions whose interests were sought to be protected by the protected classification or from
444aq their legal representatives dated no more than 90 days prior to the date the request is made;
444ar (c) any person to whom the record must be provided pursuant to:
444as (i) a court order as provided in Subsection (7); or
444at (ii) a legislative subpoena as provided in Title 36, Chapter 14; or
444au (d) the owner of a mobile home park, subject to the conditions of Subsection
444av 41-1a-116(5).
444aw (5) A governmental entity may disclose a private, controlled, or protected record to
444ax another governmental entity, political subdivision, another state, the United States, or a
444ay foreign government only as provided by Section 63-2-206.
444az (6) Before releasing a private, controlled, or protected record, the governmental entity
444ba shall obtain evidence of the requester's identity.
444bb (7) A governmental entity shall disclose a record pursuant to the terms of a court order
444bc signed by a judge from a court of competent jurisdiction, provided that:
444bd (a) the record deals with a matter in controversy over which the court has jurisdiction;
444be (b) the court has considered the merits of the request for access to the record; and
444bf (c) the court has considered and, where appropriate, limited the requester's use .S

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S. and further disclosure of the record in order to protect:
444bh (i) privacy interests in the case of private or controlled records;
444bi (ii) business confidentiality interests in the case of records protected under Subsection
444bj 63-2-304(1), (2), (40)(a)(ii), or (40)(a)(vi); and
444bk (iii) privacy interests or the public interest in the case of other protected records;
444bl (d) to the extent the record is properly classified private, controlled, or protected, the
444bm interests favoring access, considering limitations thereon, outweigh the interests favoring
444bn restriction of access; and
444bo (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
444bp 63-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
444bq (8) (a) A governmental entity may disclose or authorize disclosure of private or
444br controlled records for research purposes if the governmental entity:
444bs (i) determines that the research purpose cannot reasonably be accomplished without
444bt use or disclosure of the information to the researcher in individually identifiable form;
444bu (ii) determines that:
444bv (A) the proposed research is bona fide; and
444bw (B) the value of the research outweighs the infringement upon personal privacy;
444bx (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
444by the records; and
444bz (B) requires the removal or destruction of the individual identifiers associated with the
444ca records as soon as the purpose of the research project has been accomplished;
444cb (iv) prohibits the researcher from:
444cc (A) disclosing the record in individually identifiable form, except as provided in
444cd Subsection (8)(b); or
444ce (B) using the record for purposes other than the research approved by the
444cf governmental entity; and
444cg (v) secures from the researcher a written statement of the researcher's understanding
444ch of and agreement to the conditions of this Subsection (8) and the researcher's understanding
444ci that violation of the terms of this Subsection (8) may subject the researcher to criminal
444cj prosecution under Section 63-2-801.
444ck (b) A researcher may disclose a record in individually identifiable form if the record is
444cl disclosed for the purpose of auditing or evaluating the research program and no subsequent
444cm use or disclosure of the record in individually identifiable form will be made by the auditor or
444cn evaluator except as provided by this section.
444co (c) A governmental entity may require indemnification as a condition of permitting
444cp research under this Subsection (8).
444cq (9) (a) Under Subsections 63-2-201(5)(b) and 63-2-401(6), a governmental entity may
444cr disclose to persons other than those specified in this section records that are:
444cs (i) private under Section 63-2-302; or .S

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S. (ii) protected under Section 63-2-304 subject to Section 63-2-308 if a claim for business
444cu confidentiality has been made under Section 63-2-308.
444cv (b) Under Subsection 63-2-403(11)(b), the records committee may require the
444cw disclosure to persons other than those specified in this section of records that are:
444cx (i) private under Section 63-2-302;
444cy (ii) controlled under Section 63-2-303; or
444cz (iii) protected under Section 63-2-304 subject to Section 63-2-308 if a claim for business
444da confidentiality has been made under Section 63-2-308.
444db (c) Under Subsection 63-2-404(8), the court may require the disclosure of records that
444dc are private under Section 63-2-302, controlled under Section 63-2-303, or protected under
444dd Section 63-2-304 to persons other than those specified in this section.
444de (10) A record contained in the Management Information System, created in Section
444df 62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
444dg disclosed to any person except the person who is alleged in the report to be a perpetrator of
444dh abuse, neglect, or dependency.
444di Section 9. Section 63-2-304
444dj 63-2-304. Protected records.
444dk The following records are protected if properly classified by a governmental entity:
444dl (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
444dm has provided the governmental entity with the information specified in Section 63-2-308;
444dn (2) commercial information or nonindividual financial information obtained from a
444do person if:
444dp (a) disclosure of the information could reasonably be expected to result in unfair
444dq competitive injury to the person submitting the information or would impair the ability of the
444dr governmental entity to obtain necessary information in the future;
444ds (b) the person submitting the information has a greater interest in prohibiting access
444dt than the public in obtaining access; and
444du (c) the person submitting the information has provided the governmental entity with
444dv the information specified in Section 63-2-308;
444dw (3) commercial or financial information acquired or prepared by a governmental entity
444dx to the extent that disclosure would lead to financial speculations in currencies, securities, or
444dy commodities that will interfere with a planned transaction by the governmental entity or cause
444dz substantial financial injury to the governmental entity or state economy;
444ea (4) records the disclosure of which could cause commercial injury to, or confer a
444eb competitive advantage upon a potential or actual competitor of, a commercial project entity as
444ec defined in Subsection 11-13-103(4);
444ed (5) test questions and answers to be used in future license, certification, registration,
444ee employment, or academic examinations;
444ef (6) records the disclosure of which would impair governmental .S

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S. procurement proceedings or give an unfair advantage to any person proposing to enter into a
444eh contract or agreement with a governmental entity, except that this Subsection (6) does not
444ei restrict the right of a person to see bids submitted to or by a governmental entity after bidding
444ej has closed;
444ek (7) records that would identify real property or the appraisal or estimated value of real
444el or personal property, including intellectual property, under consideration for public
444em acquisition before any rights to the property are acquired unless:
444en (a) public interest in obtaining access to the information outweighs the governmental
444eo entity's need to acquire the property on the best terms possible;
444ep (b) the information has already been disclosed to persons not employed by or under a
444eq duty of confidentiality to the entity;
444er (c) in the case of records that would identify property, potential sellers of the described
444es property have already learned of the governmental entity's plans to acquire the property;
444et (d) in the case of records that would identify the appraisal or estimated value of
444eu property, the potential sellers have already learned of the governmental entity's estimated
444ev value of the property; or
444ew (e) the property under consideration for public acquisition is a single family residence
444ex and the governmental entity seeking to acquire the property has initiated negotiations to
444ey acquire the property as required under Section 78-34-4.5;
444ez (8) records prepared in contemplation of sale, exchange, lease, rental, or other
444fa compensated transaction of real or personal property including intellectual property, which, if
444fb disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
444fc of the subject property, unless:
444fd (a) the public interest in access outweighs the interests in restricting access, including
444fe the governmental entity's interest in maximizing the financial benefit of the transaction; or
444ff (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
444fg the value of the subject property have already been disclosed to persons not employed by or
444fh under a duty of confidentiality to the entity;
444fi (9) records created or maintained for civil, criminal, or administrative enforcement
444fj purposes or audit purposes, or for discipline, licensing, certification, or registration purposes,
444fk if release of the records:
444fl (a) reasonably could be expected to interfere with investigations undertaken for
444fm enforcement, discipline, licensing, certification, or registration purposes;
444fn (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
444fo proceedings;
444fp (c) would create a danger of depriving a person of a right to a fair trial or impartial
444fq hearing;
444fr (d) reasonably could be expected to disclose the identity of a source who is not
444fs generally known outside of government and, in the case of a record compiled in the course .S

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S. of an investigation, disclose information furnished by a source not generally known outside of
444fu government if disclosure would compromise the source; or
444fv (e) reasonably could be expected to disclose investigative or audit techniques,
444fw procedures, policies, or orders not generally known outside of government if disclosure would
444fx interfere with enforcement or audit efforts;
444fy (10) records the disclosure of which would jeopardize the life or safety of an individual;
444fz (11) records the disclosure of which would jeopardize the security of governmental
444ga property, governmental programs, or governmental recordkeeping systems from damage,
444gb theft, or other appropriation or use contrary to law or public policy;
444gc (12) records that, if disclosed, would jeopardize the security or safety of a correctional
444gd facility, or records relating to incarceration, treatment, probation, or parole, that would
444ge interfere with the control and supervision of an offender's incarceration, treatment, probation,
444gf or parole;
444gg (13) records that, if disclosed, would reveal recommendations made to the Board of
444gh Pardons and Parole by an employee of or contractor for the Department of Corrections, the
444gi Board of Pardons and Parole, or the Department of Human Services that are based on the
444gj employee's or contractor's supervision, diagnosis, or treatment of any person within the
444gk board's jurisdiction;
444gl (14) records and audit workpapers that identify audit, collection, and operational
444gm procedures and methods used by the State Tax Commission, if disclosure would interfere with
444gn audits or collections;
444go (15) records of a governmental audit agency relating to an ongoing or planned audit
444gp until the final audit is released;
444gq (16) records prepared by or on behalf of a governmental entity solely in anticipation of
444gr litigation that are not available under the rules of discovery;
444gs (17) records disclosing an attorney's work product, including the mental impressions
444gt or legal theories of an attorney or other representative of a governmental entity concerning
444gu litigation;
444gv (18) records of communications between a governmental entity and an attorney
444gw representing, retained, or employed by the governmental entity if the communications would
444gx be privileged as provided in Section 78-24-8;
444gy (19) (a) (i) personal files of a state legislator, including personal correspondence to or
444gz from a member of the Legislature; and
444ha (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative
444hb action or policy may not be classified as protected under this section; and
444hc (b) (i) an internal communication that is part of the deliberative process in connection
444hd with the preparation of legislation between:
444he (A) members of a legislative body;

444hf (B) a member of a legislative body and a member of the legislative body's staff; or .S

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S. (C) members of a legislative body's staff; and
444hh (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
444hi legislative action or policy may not be classified as protected under this section;
444hj (20) (a) records in the custody or control of the Office of Legislative Research and
444hk General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
444hl legislation or contemplated course of action before the legislator has elected to support the
444hm legislation or course of action, or made the legislation or course of action public; and
444hn (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
444ho Office of Legislative Research and General Counsel is a public document unless a legislator
444hp asks that the records requesting the legislation be maintained as protected records until such
444hq time as the legislator elects to make the legislation or course of action public;
444hr (21) research requests from legislators to the Office of Legislative Research and
444hs General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
444ht in response to these requests;
444hu (22) drafts, unless otherwise classified as public;
444hv (23) records concerning a governmental entity's strategy about collective bargaining or
444hw pending litigation;
444hx (24) records of investigations of loss occurrences and analyses of loss occurrences that
444hy may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
444hz Uninsured Employers' Fund, or similar divisions in other governmental entities;
444ia (25) records, other than personnel evaluations, that contain a personal
444ib recommendation concerning an individual if disclosure would constitute a clearly
444ic unwarranted invasion of personal privacy, or disclosure is not in the public interest;
444id (26) records that reveal the location of historic, prehistoric, paleontological, or
444ie biological resources that if known would jeopardize the security of those resources or of
444if valuable historic, scientific, educational, or cultural information;
444ig (27) records of independent state agencies if the disclosure of the records would conflict
444ih with the fiduciary obligations of the agency;
444ii (28) records of an institution within the state system of higher education defined in
444ij Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
444ik retention decisions, and promotions, which could be properly discussed in a meeting closed in
444il accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
444im the final decisions about tenure, appointments, retention, promotions, or those students
444in admitted, may not be classified as protected under this section;
444io (29) records of the governor's office, including budget recommendations, legislative
444ip proposals, and policy statements, that if disclosed would reveal the governor's contemplated
444iq policies or contemplated courses of action before the governor has implemented or rejected
444ir those policies or courses of action or made them public;
444is (30) records of the Office of the Legislative Fiscal Analyst relating to budget .S

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S. analysis, revenue estimates, and fiscal notes of proposed legislation before issuance of the final
444iu recommendations in these areas;
444iv (31) records provided by the United States or by a government entity outside the state
444iw that are given to the governmental entity with a requirement that they be managed as
444ix protected records if the providing entity certifies that the record would not be subject to public
444iy disclosure if retained by it;
444iz (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
444ja except as provided in Section 52-4-206;
444jb (33) records that would reveal the contents of settlement negotiations but not including
444jc final settlements or empirical data to the extent that they are not otherwise exempt from
444jd disclosure;
444je (34) memoranda prepared by staff and used in the decision-making process by an
444jf administrative law judge, a member of the Board of Pardons and Parole, or a member of any
444jg other body charged by law with performing a quasi-judicial function;
444jh (35) records that would reveal negotiations regarding assistance or incentives offered
444ji by or requested from a governmental entity for the purpose of encouraging a person to expand
444jj or locate a business in Utah, but only if disclosure would result in actual economic harm to the
444jk person or place the governmental entity at a competitive disadvantage, but this section may not
444jl be used to restrict access to a record evidencing a final contract;
444jm (36) materials to which access must be limited for purposes of securing or maintaining
444jn the governmental entity's proprietary protection of intellectual property rights including
444jo patents, copyrights, and trade secrets;
444jp (37) the name of a donor or a prospective donor to a governmental entity, including an
444jq institution within the state system of higher education defined in Section 53B-1-102, and other
444jr information concerning the donation that could reasonably be expected to reveal the identity
444js of the donor, provided that:
444jt (a) the donor requests anonymity in writing;
444ju (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
444jv classified protected by the governmental entity under this Subsection (37); and
444jw (c) except for an institution within the state system of higher education defined in
444jx Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
444jy in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
444jz over the donor, a member of the donor's immediate family, or any entity owned or controlled
444ka by the donor or the donor's immediate family;
444kb (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
444kc 73-18-13;
444kd (39) a notification of workers' compensation insurance coverage described in Section
444ke 34A-2-205;

444kf (40) (a) the following records of an institution within the state system of .S

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S. higher education defined in Section 53B-1-102, which have been developed, discovered,
444kh disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
444ki institution:
444kj (i) unpublished lecture notes;
444kk (ii) unpublished notes, data, and information:
444kl (A) relating to research; and
444km (B) of:
444kn (I) the institution within the state system of higher education defined in Section
444ko 53B-1-102; or
444kp (II) a sponsor of sponsored research;
444kq (iii) unpublished manuscripts;
444kr (iv) creative works in process;
444ks (v) scholarly correspondence; and
444kt (vi) confidential information contained in research proposals;
444ku (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
444kv information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
444kw (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
444kx (41) (a) records in the custody or control of the Office of Legislative Auditor General
444ky that would reveal the name of a particular legislator who requests a legislative audit prior to
444kz the date that audit is completed and made public; and
444la (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
444lb Office of the Legislative Auditor General is a public document unless the legislator asks that
444lc the records in the custody or control of the Office of Legislative Auditor General that would
444ld reveal the name of a particular legislator who requests a legislative audit be maintained as
444le protected records until the audit is completed and made public;
444lf (42) records that provide detail as to the location of an explosive, including a map or
444lg other document that indicates the location of:
444lh (a) a production facility; or
444li (b) a magazine;
444lj (43) information contained in the database described in Section 62A-3-311.1;
444lk (44) information contained in the Management Information System and Licensing
444ll Information System described in Title 62A, Chapter 4a, Child and Family Services;
444lm (45) information regarding National Guard operations or activities in support of the
444ln National Guard's federal mission;
444lo (46) records provided by any pawn or secondhand business to a law enforcement
444lp agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
444lq Secondhand Merchandise Transaction Information Act;
444lr (47) information regarding food security, risk, and vulnerability assessments

444ls performed by the Department of Agriculture and Food; .S

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S. (48) except to the extent that the record is exempt from this chapter pursuant to
444lu Section 63-2-106, records related to an emergency plan or program prepared or maintained by
444lv the Division of Homeland Security the disclosure of which would jeopardize:
444lw (a) the safety of the general public; or
444lx (b) the security of:
444ly (i) governmental property;
444lz (ii) governmental programs; or
444ma (iii) the property of a private person who provides the Division of Homeland Security
444mb information;
444mc (49) records of the Department of Agriculture and Food relating to the National
444md Animal Identification System or any other program that provides for the identification,
444me tracing, or control of livestock diseases, including any program established under Title 4,
444mf Chapter 24, Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Livestock
444mg Inspection and Quarantine;
444mh (50) as provided in Section 26-39-109:
444mi (a) information or records held by the Department of Health related to a complaint
444mj regarding a child care program or residential child care which the department is unable to
444mk substantiate; and
444ml (b) information or records related to a complaint received by the Department of Health
444mm from an anonymous complainant regarding a child care program or residential child care;
444mn [and]
444mo (51) unless otherwise classified as public under Section 63-2-301 and except as provided
444mp under Section 41-1a-116, an individual's home address, home telephone number, or personal
444mq mobile phone number, if:
444mr (a) the individual is required to provide the information in order to comply with a law,
444ms ordinance, rule, or order of a government entity; and
444mt (b) the subject of the record has a reasonable expectation that this information will be
444mu kept confidential due to:
444mv (i) the nature of the law, ordinance, rule, or order; and
444mw (ii) the individual complying with the law, ordinance, rule, or order[.]; and
444mx (52) records contained in the Management Information System, created in Section
444my 62A-4a-1003. .S
445 S. [ Section 7. Section 78-3a-104 is amended to read:
446 78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
447 (1) Except as otherwise provided by law, the juvenile court has exclusive original
448 jurisdiction in proceedings concerning:
449 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
450 person younger than 21 years of age who has violated any law or ordinance before becoming
451 18 years of age, regardless of where the violation occurred, excluding traffic laws and boating ] .S

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S. [ and ordinances;
453 (b) a person 21 years of age or older who has failed or refused to comply with an order
454 of the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's
455 21st birthday; however, the continuing jurisdiction is limited to causing compliance with
456 existing orders;
457 (c) a child who is an abused child, neglected child, or dependent child, as those terms
458 are defined in Section 78-3a-103 ;
459 (d) a protective order for a child pursuant to the provisions of Title 78, Chapter 3h,
460 Child Protective Orders, which the juvenile court may transfer to the district court if the
461 juvenile court has entered an ex parte protective order and finds that: ] .S

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S. [ (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
463 parent of the child who is the object of the petition;
464 (ii) the district court has a petition pending or an order related to custody or parent-time
465 entered under Title 30, Chapter 3, Divorce, Title 30, Chapter 6, Cohabitant Abuse Act, or Title
466 78, Chapter 45g, Utah Uniform Parentage Act, in which the petitioner and the respondent are
467 parties; and
468 (iii) the best interests of the child will be better served in the district court;
469 (e) appointment of a guardian of the person or other guardian of a minor who comes
470 within the court's jurisdiction under other provisions of this section;
471 (f) the emancipation of a minor in accordance with Part 10, Emancipation;
472 (g) the termination of the legal parent-child relationship in accordance with Part 4,
473 Termination of Parental Rights Act, including termination of residual parental rights and
474 duties;
475 (h) the treatment or commitment of a mentally retarded minor;
476 (i) a minor who is a habitual truant from school;
477 (j) the judicial consent to the marriage of a child under age 16 upon a determination of
478 voluntariness or where otherwise required by law, employment, or enlistment of a child when
479 consent is required by law;
480 (k) any parent or parents of a child committed to a secure youth corrections facility, to
481 order, at the discretion of the court and on the recommendation of a secure facility, the parent
482 or parents of a child committed to a secure facility for a custodial term, to undergo group
483 rehabilitation therapy under the direction of a secure facility therapist, who has supervision of
484 that parent's or parents' child, or any other therapist the court may direct, for a period directed
485 by the court as recommended by a secure facility;
486 (l) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
487 (m) the treatment or commitment of a mentally ill child. The court may commit a child
488 to the physical custody of a local mental health authority in accordance with the procedures and
489 requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to
490 Division of Substance Abuse and Mental Health. The court may not commit a child directly to
491 the Utah State Hospital;
492 (n) the commitment of a child in accordance with Section 62A-15-301 ; ] .S

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S. [ (o) de novo review of final agency actions resulting from an informal adjudicative
494 proceeding as provided in Section 63-46b-15 ; and
495 (p) adoptions conducted in accordance with the procedures described in Title 78,
496 Chapter 30, Adoption, when the juvenile court has previously entered an order terminating the
497 rights of a parent and finds that adoption is in the best interest of the child.
498 (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
499 jurisdiction over any traffic or boating offense committed by a person under 16 years of age
500 and concurrent jurisdiction over all other traffic or boating offenses committed by a person 16
501 years of age or older, except that the court shall have exclusive jurisdiction over the following
502 offenses committed by a child:
503 (a) Section 76-5-207 , automobile homicide;
504 (b) Section 41-6a-502 , operating a vehicle while under the influence of alcohol or
505 drugs;
506 (c) Section 41-6a-528 , reckless driving or Section 73-18-12 , reckless operation;
507 (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or
508 semitrailer for an extended period of time; and
509 (e) Section 41-6a-210 or 73-18-20 , fleeing a peace officer.
510 (3) The court also has jurisdiction over traffic and boating offenses that are part of a
511 single criminal episode filed in a petition that contains an offense over which the court has
512 jurisdiction.
513 (4) The juvenile court has jurisdiction over an ungovernable or runaway child who is
514 referred to it by the Division of Child and Family Services or by public or private agencies that
515 contract with the division to provide services to that child where, despite earnest and persistent
516 efforts by the division or agency, the child has demonstrated that the child:
517 (a) is beyond the control of the child's parent, guardian, lawful custodian, or school
518 authorities to the extent that the child's behavior or condition endangers the child's own welfare
519 or the welfare of others; or
520 (b) has run away from home.
521 (5) This section does not restrict the right of access to the juvenile court by private
522 agencies or other persons.
523 (6) The juvenile court has jurisdiction of all magistrate functions relative to cases ] .S

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S. [ arising under Section 78-3a-602 .
525 (7) The juvenile court has jurisdiction to make a finding of substantiated,
526 unsubstantiated, [or] without merit, or false in accordance with Section 78-3a-320 . ]
526a Section 8. Section 78-3a-314 is amended to read:
526b 78-3a-314. All proceedings -- Persons entitled to be present.
526c (1) A child who is the subject of a juvenile court hearing, any person entitled to notice
526d pursuant to Section 78-3a-306 or 78-3a-309, preadoptive parents, foster parents, and any
526e relative providing care for the child, are:
526f (a) entitled to notice of, and to be present at, each hearing and proceeding held under
526g this part, including administrative and citizen reviews; and
526h (b) have a right to be heard at each hearing and proceeding described in Subsection
526i (1)(a).
526j (2) A child shall be represented at each hearing by the guardian ad litem appointed to
526k the child's case by the court. The child has a right to be present at each hearing, subject to the
526l discretion of the guardian ad litem or the court regarding any possible detriment to the child.
526m (3) (a) The parent or guardian of a child who is the subject of a petition under this part
526n has the right to be represented by counsel, and to present evidence, at each hearing.
526o (b) When it appears to the court that a parent or guardian of the child desires counsel
526p but is financially unable to afford and cannot for that reason employ counsel, and the child has
526q been placed in out-of-home care, or the petitioner is recommending that the child be placed in
526r out-of-home care, the court shall appoint counsel.
526s (4) In every abuse, neglect, or dependency proceeding under this chapter, the court
526t shall order that the child be represented by a guardian ad litem, in accordance with Section
526u 78-3a-912. The guardian ad litem shall represent the best interest of the child, in accordance
526v with the requirements of that section, at the shelter hearing and at all subsequent court and
526w administrative proceedings, including any proceeding for termination of parental rights in
526x accordance with Part 4, Termination of Parental Rights Act.
526y (5) [Notwithstanding] (a) Except as provided in Subsection (5)(b), and notwithstanding
526z any other provision of law[,]:
526aa (i) counsel for all parties to the action shall be given access to all records, maintained
526ab by the division or any other state or local public agency, that are relevant to the abuse, neglect,
526ac or dependency proceeding under this chapter[. If]; and
526ad (ii) if the natural parent of a child is representing himself, the natural parent shall have
526ae access to [those records. The above disclosures] the records described in Subsection (5)(a)(i).
526af (b) The disclosures described in Subsection (5)(a) are not required in the following
526ag circumstances:
526ah [(a) The] (i) Subject to Subsection (5)(c), the division or other state or local public
526ai agency did not originally create the record being requested[. In those circumstances, the
526aj person making the request under this section shall be informed of the following:]; .S

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S. [(i) the existence of all records in the possession of the division or any other state or
526al local public agency;]
526am [(ii) the name and address of the person or agency that originally created the record;
526an and]
526ao [(iii) that the person must seek access to the record from the person or agency that
526ap originally created the record.]
526aq [(b) Disclosure] (ii) disclosure of the record would jeopardize the life or physical safety
526ar of a child who has been a victim of child abuse or neglect, or any person who provided
526as substitute care for the child[.];
526at [(c) Disclosure] (iii) disclosure of the record would jeopardize the anonymity of the
526au person or persons making the initial report of abuse or neglect or any others involved in the
526av subsequent investigation[.];
526aw [(d) Disclosure] (iv) disclosure of the record would jeopardize the life or physical
526ax safety of a person who has been a victim of domestic violence[.]; or
526ay (v) the record is a report maintained in the Management Information System, for
526az which a finding of unsubstantiated, unsupported, or without merit has been made.
526ba (c) If a disclosure is denied under Subsection (5)(b)(i), the division shall inform the
526bb person making the request of the following:
526bc (i) the existence of all records in the possession of the division or any other state or local
526bd public agency;
526be (ii) the name and address of the person or agency that originally created the record;
526bf and
526bg (iii) that the person must seek access to the record from the person or agency that
526bh originally created the record.
526bi (6) (a) The appropriate foster care citizen review board shall be given access to all
526bj records, maintained by the division or any other state or local public agency, that are relevant
526bk to an abuse, neglect, or dependency proceeding under this chapter.
526bl (b) Representatives of the appropriate foster care citizen review board are entitled to
526bm be present at each hearing held under this part, but notice is not required to be provided. .S
527 S. [ Section 8. Section 78-3a-320 is amended to read:
528 78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
529 (1) Upon the filing with the court of a petition under Section 78-3a-305 by the Division
530 of Child and Family Services or any interested person informing the court, among other things,
531 that the division has made a supported finding that a person committed a severe type of child
532 abuse or neglect as defined in Section 62A-4a-1002 , the court shall:
533 (a) make a finding of substantiated, unsubstantiated, or without merit;
534 (b) include the finding described in Subsection (1)(a) in a written order; and
535 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
536 (2) [The] A judicial finding under [Subsection] Subsections (1), (3), and (4) shall be
537 made: ] .S

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S. [ (a) as part of the adjudication hearing;
539 (b) at the conclusion of the adjudication hearing; or
540 (c) as part of a court order entered pursuant to a written stipulation of the parties.
541 (3) (a) Any person described in Subsection 62A-4a-1010 (1) may at any time file with
542 the court a petition for removal of the person's name from the Licensing Information System.
543 (b) At the conclusion of the hearing on the petition, the court shall:
544 (i) make a finding of substantiated, unsubstantiated, or without merit;
545 (ii) include the finding described in Subsection (1)(a) in a written order; and
546 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
547 (4) (a) If the court makes a finding of without merit under Subsection (1) or (3)(b), the
548 court shall:
549 (i) make an additional finding regarding whether the report is false; and
550 (ii) include the finding described in Subsection (4)(a)(i) in the orders described in
551 Subsections (1)(b) and (3)(b)(ii).
552 (b) The finding described in Subsection (4)(a)(i) shall be made solely for the purpose
553 of determining, under Subsection 62A-4a-1003 (3), whether the report upon which the finding
554 is based, or any reference to the report, will be included in the Management Information ] .S

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S. [ System.
556 [(4)] (5) A proceeding for adjudication of a supported finding under this section of a
557 type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be
558 joined in the juvenile court with an adjudication of a severe type of child abuse or neglect.
559 [(5)] (6) If a person whose name appears on the Licensing Information system prior to
560 May 6, 2002 files a petition during the time that an alleged perpetrator's application for
561 clearance to work with children or vulnerable adults is pending, the court shall hear the matter
562 and enter a final decision no later than 60 days after the filing of the petition.
563 [(6)] (7) For the purposes of licensing under Sections 26-21-9.5 , 26-39-105.5 ,
564 62A-1-118 , and for the purposes described in Section 62A-2-121 :
565 (a) the court shall make available records of its findings under Subsections (1) and (2)
566 for licensing purposes, only to those with statutory authority to access also the Licensing
567 Information System created under Section 62A-4a-1006 ; and
568 (b) any appellate court shall make available court records of appeals from juvenile
569 court decisions under Subsections (1)[, (2), (3), and (4)] through (5) for licensing purposes,
570 only to those with statutory authority to access also the Licensing Information System. ] .S

Legislative Review Note
as of 11-6-07 11:33 AM

Office of Legislative Research and General Counsel