Second Substitute S.B. 98

Representative Bill Wright proposes to substitute the following bill:

1 AMENDMENTS - CHILD ABUSE DATABASE
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5 AN ACT RELATING TO HUMAN SERVICES; REQUIRING WITHOUT MERIT AND
6 UNSUBSTANTIATED REPORTS OF CHILD ABUSE OR NEGLECT TO BE REMOVED
7 FROM THE CHILD WELFARE DATABASE WHEN SUBSEQUENT REPORTS HAVE NOT
8 OCCURRED WITHIN A SPECIFIED TIME PERIOD; h ESTABLISHING A PROCEDURE FOR THE
8a DEPARTMENT TO INFORM A PERSON WHO HAS KNOWINGLY MADE A FALSE CLAIM OF CHILD
8b ABUSE OR NEGLECT OF POTENTIAL CRIMINAL PENALTIES; h INCLUDING THE NAME OF A
9 PERSON ON THE LICENSING DATABASE WHEN NOTICE WENT UNDELIVERED;
10 CLARIFYING THE CIRCUMSTANCES UNDER WHICH A JUVENILE PERPETRATOR
11 MAY BE INCLUDED ON THE LICENSING DATABASE; CLARIFYING WHEN A PERSON'S
12 CONDUCT DOES NOT CONSTITUTE CHILD ABUSE OR NEGLECT; PROHIBITING A
13 PERSON FROM ASKING ANOTHER PERSON TO OBTAIN INFORMATION FROM THE
14 DATABASE; CLARIFYING THE NOTIFICATION PROCESS; PERMITTING A FINDING OF
15 ABUSE OR NEGLECT TO BE SUPPORTED SOLELY BY A CHILD'S OUT-OF-COURT
16 STATEMENT THAT IS FOUND TO BE RELIABLE UNDER EXISTING STATUTE OR
17 COURT RULE; REQUIRING A NEW OPPORTUNITY TO CHALLENGE, IN CERTAIN
18 CIRCUMSTANCES, IF THE USE OF THE LICENSING DATABASE IS BROADENED;
19 CLARIFYING WHEN A COURT DETERMINATION OF ABUSE OR NEGLECT IS TO BE
20 INCLUDED ON THE LICENSING DATABASE; CLARIFYING THE FORM OF
21 DIVISION-GENERATED INFORMATION THAT MAY BE USED IN A DIVORCE
22 PROCEEDING; AND MAKING TECHNICAL AND CONFORMING AMENDMENTS.
23 This act affects sections of Utah Code Annotated 1953 as follows:
24 AMENDS:
25 30-3-5.2, as last amended by Chapters 79 and 318, Laws of Utah 1996

26 62A-2-121, as enacted by Chapter 358, Laws of Utah 1998
27 62A-4a-116, as last amended by Chapter 196, Laws of Utah 1998
28 62A-4a-116.5, as enacted by Chapter 196, Laws of Utah 1998
29 62A-4a-412, as last amended by Chapters 169, 196 and 274, Laws of Utah 1998
30 63-46b-15, as last amended by Chapter 1, Laws of Utah 1996
31 78-3a-104, as last amended by Chapters 274 and 315, Laws of Utah 1998
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 30-3-5.2 is amended to read:
34 30-3-5.2. Allegations of child abuse or child sexual abuse -- Investigation.
35 When, in any divorce proceeding or upon a request for modification of a divorce decree,
36 an allegation of child abuse or child sexual abuse is made, implicating either party, the court
37 [shall], after making an inquiry, may order that an investigation be conducted by the Division of
38 Child and Family Services within the Department of Human Services in accordance with Title
39 62A, Chapter 4a. A final award of custody or visitation may not be rendered until a report on that
40 investigation, consistent with Section 62A-4a-412 , is received by the court. That investigation
41 shall be conducted by the Division of Child and Family Services within 30 days of the court's
42 notice and request for an investigation. In reviewing this report, the court shall comply with
43 Section 78-7-9 .
44 Section 2. Section 62A-2-121 is amended to read:
45 62A-2-121. Access to abuse and neglect information for licensing purposes.
46 (1) With respect to human services licensees, the department may access only the licensing
47 part of the Division of Child and Family Service's management information system created by
48 Section 62A-4a-116 for the purpose of:
49 (a) determining whether a person associated with a licensee, who provides care described
50 in Subsection (2), has a substantiated finding of abuse or neglect; [and]
51 (b) informing a licensee, who provides care described in Subsection (2), that a person
52 associated with the licensee has a substantiated finding of child abuse or neglect.
53 (2) (a) A licensee or individual applying for or renewing a license to provide child-placing
54 services, youth programs, substitute care, foster care, or institutionalized care to children shall
55 submit to the department the name and other identifying information of a person associated with
56 the licensee.

57 (b) The office shall process the information to determine whether the licensee or a person
58 associated with a licensee has a substantiated finding of child abuse or neglect.
59 (3) The office shall adopt rules defining the circumstances under which a person who has
60 a substantiated finding of child abuse or neglect may provide child-placing services, foster care,
61 youth programs, substitute care, or institutionalized care for children in a facility licenced by the
62 department.
63 Section 3. Section 62A-4a-116 is amended to read:
64 62A-4a-116. Management information system -- Requirements.
65 (1) The division shall develop and implement a management information system that
66 meets the requirements of this section and the requirements of federal law and regulation.
67 (2) With regard to all child welfare cases, the management information system shall:
68 (a) provide each caseworker with a complete history of each child in his caseload,
69 including:
70 (i) all past action taken by the division with regard to that child and his siblings, the
71 complete case history and all reports and information in the control or keeping of the division
72 regarding that child and his siblings;
73 (ii) the number of times the child has been in foster care;
74 (iii) the cumulative period of time the child has been in foster care;
75 (iv) all reports of abuse or neglect received by the division with regard to that child's parent
76 or parents, including documentation regarding whether each report was substantiated [or],
77 unsubstantiated, or without merit;
78 (v) the number of times the child's parent or parents have failed any treatment plan; and
79 (vi) the number of different caseworkers who have been assigned to that child in the past;
80 (b) contain all key elements of each family's current treatment plan, including the dates and
81 number of times the plan has been administratively or judicially reviewed, the number of times the
82 parent or parents have failed that treatment plan, and the exact length of time that treatment plan
83 has been in effect; [and]
84 (c) alert caseworkers regarding deadlines for completion of and compliance with treatment
85 plans[.]; and
86 (d) unless the executive director determines that there is good cause for keeping the report
87 on the system based on standards established by rule, delete any reference to:

88 (i) a report that is without merit if no subsequent report involving the same alleged
89 perpetrator has occurred within one year; or
90 (ii) a report that is unsubstantiated if no subsequent report involving the same alleged
91 perpetrator has occurred within ten years.
92 (3) With regard to all child protective services cases, the management information system
93 shall, in addition to the information required in Subsection (2), monitor compliance with the policy
94 of the division, the laws of this state, and federal law and regulation.
95 (4) (a) The division shall develop and maintain a part of the information management
96 system for licensing purposes, which shall be:
97 (i) limited to:
98 (A) substantiated findings of child abuse or neglect since January 1, [1994] 1988, after
99 notice and an opportunity to challenge has been provided under Section 62A-4a-116.5 ;
100 [(B) substantiated findings of child abuse or neglect for which a notice has been sent under
101 Section 62A-4a-116.5 by July 1, 1998, and found by an administrative hearing officer before
102 December 1, 1998, to have occurred between January 1, 1988, and January 1, 1994, except that
103 if a person applies for licensure or an adoption before June 30, 1999, and that person has not
104 previously been given notice under Section 62A-4a-116.5 , the department may determine whether
105 a substantiated finding exists between January 1, 1988, and January 1, 1994, and if so, provide
106 notice and an opportunity to challenge under Section 62A-4a-116.5 before the license or adoption
107 may be approved;]
108 (B) the name of a person who was not sent a notice of agency action under Section
109 62A-4a-116.5 because his location was not available on the management information system or
110 who was sent a notice of agency action that was returned to the division as undelivered for the sole
111 purpose of alerting the division of the need to afford the person an opportunity to challenge the
112 finding of child abuse or neglect under Section 62A-4a-116.5 before any adverse action, beyond
113 delaying the person's licensing application to provide an opportunity for challenge, may be taken;
114 (C) an adjudication of child abuse or neglect by a court of competent jurisdiction if
115 Subsection 62A-4a-116.5 (5) has been met; and
116 (D) any criminal conviction or guilty plea related to neglect, physical abuse, or sexual
117 abuse of any person; and
118 (ii) accessible by:

119 (A) the Office of Licensing for licensing purposes only;
120 (B) the division:
121 (I) to screen a person at the request of the Office of the Guardian Ad Litem Director,
122 created by Section 78-3a-912 , at the time the person seeks a paid or voluntary position with the
123 Office of the Guardian Ad Litem and each year thereafter that the person remains with the office;
124 and
125 (II) to respond to a request for information from the person who is identified as a
126 perpetrator in the report, after advising the person of the screening prohibition in Subsection
127 (4)(d)(iii); [and]
128 [(B)] (C) subject to the provisions of Subsection (4)(c), the Bureau of Health Facility
129 Licensure within the Department of Health only for the purpose of licensing a child care program
130 or provider, or for determining whether a person associated with a covered health care facility, as
131 defined by the Department of Health by rule, who provides direct care to a child has a substantiated
132 finding of child abuse or neglect[.]; and
133 (D) the department as provided in Subsection (5) and Section 62A-1-118 .
134 (b) For the purpose of Subsection (4)(a), "substantiated":
135 (i) means a finding[, at the completion of an investigation,] that there is a reasonable basis
136 to conclude that:
137 (A) a person 18 years of age or older committed one or more of the following types of
138 child abuse or neglect [has occurred]:
139 [(A)] (I) physical abuse;
140 [(B)] (II) sexual abuse;
141 [(C)] (III) sexual exploitation;
142 [(D)] (IV) abandonment;
143 [(E)] (V) medical neglect resulting in death, disability, or serious illness; or
144 [(F)] (VI) chronic or severe neglect; and
145 (B) a person under the age of 18:
146 (I) caused serious physical injury, as defined in Section 76-5-109(d), to another child
147 which indicates a significant risk to other children; or
148 (II) engaged in sexual behavior with or upon another child which indicates a significant
149 risk to other children; and

150 (ii) does not include:
151 (A) the use of reasonable and necessary physical restraint or force by an educator in
152 accordance with Subsection 53A-11-802 (2) or Section 76-2-401 [.]; or
153 (B) a person's conduct that:
154 (I) is justified under Section 76-2-401 ; or
155 (II) constituted the use of reasonable and necessary physical restraint or force in
156 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
157 other dangerous object in the possession or under the control of a child or to protect the child or
158 another person from physical injury.
159 (iii) (A) For purposes of Subsection (4)(b)(i)(B), "significant risk" shall be determined in
160 accordance with risk assessment tools and policies established by the division that focus on age,
161 social factors, emotional factors, sexual factors, intellectual factors, family risk factors, and other
162 related considerations.
163 (B) The division shall train its child protection workers to apply the risk assessment tools
164 and policies established under Subsection (4)(b)(iii)(A).
165 (c) (i) The Department of Health shall:
166 (A) designate two persons within the Department of Health to access the licensing part of
167 the management information system; and
168 (B) adopt measures to:
169 (I) protect the security of the licensing part of the management information system; and
170 (II) strictly limit access to the licensing part of the management information system to
171 those designated under Subsection (4)(c)(i)(A).
172 (ii) Those designated under Subsection (4)(c)(i)(A) shall receive training from the
173 department with respect to:
174 (A) accessing the licensing part of the management information system;
175 (B) maintaining strict security; and
176 (C) the criminal provisions in Section 62A-4a-412 for the improper release of information.
177 (iii) Those designated under Subsection (4)(c)(i)(A):
178 (A) are the only ones in the Department of Health with the authority to access the licensing
179 part of the management information system; and
180 (B) may only access the licensing part of the management information system in

181 accordance with the provisions of Subsection (4)(a)(ii).
182 (iv) The Department of Health may obtain information in the possession of the division
183 that relates to a substantiated finding of abuse or neglect of a person screened under this
184 Subsection (4)(c).
185 (d) (i) Information in the licensing part of the management information system is
186 confidential and may only be used or disclosed as specifically provided in this section, Section
187 62A-4a-121 , and Section 62A-4a-116.5 .
188 (ii) No person, unless listed in Subsection (4)(a)(ii), may request another person to obtain
189 or release a report or any other information in the possession of the division obtained as a result
190 of the report that is available under Subsection (4)(a)(ii)(A)(III) to screen for potential perpetrators
191 of child abuse or neglect.
192 (iii) A person who requests information knowing that it is a violation of Subsection
193 (4)(d)(ii) to do so is subject to the criminal penalty in Section 62A-4a-412 .
194 (5) All information contained in the management information system shall be available
195 to the department upon the approval of the executive director, on a need-to-know basis.
196 (6) The information contained in the management information system shall be encrypted.
196a h (7)(a) THE DIVISION SHALL SEND A CERTIFIED LETTER TO A PERSON WHO SUBMITTED A
196b REPORT OF CHILD ABUSE OR NEGLECT THAT IS PUT ONTO ANY PART OF THE MANAGEMENT
196c INFORMATION SYSTEM IF THE DIVISION DETERMINES, AT THE CONCLUSION OF ITS
196d INVESTIGATION, THAT:
196e (i) THE REPORT IS FALSE;
196f (ii) IT IS MORE LIKELY THAN NOT THAT THE PERSON KNEW THAT THE REPORT WAS FALSE
196g AT THE TIME THE PERSON SUBMITTED THE REPORT; AND
196h (iii) THE PERSON'S ADDRESS IS KNOWN OR REASONABLY AVAILABLE.
196i (b) THE LETTER SHALL INFORM THE PERSON OF:
196j (i) THE DETERMINATION MADE UNDER SUBSECTION (7)(a);
196k (ii) THE PENALTY FOR SUBMITTING FALSE INFORMATION UNDER SECTION 76-8-506 AND
196l OTHER APPLICABLE LAWS;
196m (iii) THE OBLIGATION OF THE DIVISION TO INFORM LAW ENFORCEMENT AND THE
196n ALLEGED PERPETRATOR:
196o (A) IN THE PRESENT INSTANCE IF AN IMMEDIATE REFERRAL IS JUSTIFIED BY THE FACTS;
196p OR
196q (B) IF THE PERSON SUBMITS A SUBSEQUENT FALSE REPORT INVOLVING THE SAME
196r ALLEGED PERPETRATOR OR VICTIM.
196s (c)(i) THE DIVISION MAY INFORM LAW ENFORCEMENT AND THE ALLEGED PERPETRATOR
196t OF A REPORT FOR WHICH A LETTER IS REQUIRED TO BE SENT UNDER SUBSECTION (7)(a) IF AN
196u IMMEDIATE REFERRAL IS JUSTIFIED BY THE FACTS. h

196v h (ii) THE DIVISION SHALL INFORM LAW ENFORCEMENT AND THE ALLEGED
196w PERPETRATOR OF A REPORT FOR WHICH A LETTER IS REQUIRED TO BE SENT UNDER
196x SUBSECTION (7)(a) IF THIS IS THE SECOND LETTER SENT TO THE PERSON INVOLVING THE SAME
196y ALLEGED PERPETRATOR OR VICTIM.
196z (iii) THE DIVISION SHALL DETERMINE, IN CONSULTATION WITH LAW ENFORCEMENT:
196aa (A) THE INFORMATION TO BE GIVEN TO AN ALLEGED PERPETRATOR ABOUT A FALSE
196ab CLAIM; AND
196ac (B) WHETHER GOOD CAUSE EXISTS, AS DEFINED BY RULE, FOR NOT INFORMING AN
196ad ALLEGED PERPETRATOR ABOUT A FALSE CLAIM.
196ae (d) NOTHING IN THIS SECTION (7) MAY BE CONSTRUED AS REQUIRING THE DIVISION TO
196af CONDUCT AN INVESTIGATION, BEYOND WHAT IS REQUIRED IN SUBSECTION (7)(a), TO DETERMINE
196ag WHETHER OR NOT A REPORT IS FALSE . h
197 Section 4. Section 62A-4a-116.5 is amended to read:
198 62A-4a-116.5. Opportunity to appeal a substantiated finding of child abuse or
199 neglect.
200 [(1) If the division makes a substantiated finding of abuse or neglect pursuant to
201 Subsection 62A-4a-116 (4)(b), the division shall send notice of agency action regarding the
202 division's finding to the person found to have committed the abuse or neglect.]
203 (1) (a) The division shall send a notice of agency action to a person if the division finds,
204 at the conclusion of an investigation, that, in the opinion of the division, there is a reasonable basis
205 to conclude that the person committed abuse or neglect listed in Subsection 62A-4a-116 (4)(b)(i).
206 In the event that the person is under the age of 18, the division shall:
207 (i) make reasonable efforts to identify the person's parent or legal guardian; and
208 (ii) send a notice to each parent or legal guardian identified under Subsection (1)(a)(i) that
209 lives at a different address unless there is good cause, as defined by rule, for not sending a notice
210 to a parent or legal guardian.
211 (b) For purposes of this section only, which governs the right of a person to challenge the

212 division's initial finding or opinion of abuse or neglect as it pertains to the licensing part of the
213 management information system, the division shall refer to a finding under Subsection (1)(a) as
214 a "finding" or an "initial finding" of abuse or neglect when notifying or explaining a notification
215 to a person.
216 (c) Nothing in this section may be construed as affecting:
217 (i) the manner in which the division conducts an investigation; or
218 (ii) the use or effect, in any other setting, of:
219 (A) an initial division finding or substantiation of child abuse or neglect at the completion
220 of an investigation for any purpose other than for notification under Subsection (1)(b); or
221 (B) the term "substantiated" as used in any other provision of the code.
222 (2) The notice shall state:
223 (a) that the division conducted an investigation;
224 (b) that the division found, at the conclusion of the investigation, that there was, in the
225 opinion of the division, a reasonable basis to conclude that abuse or neglect occurred;
226 [(a)] (c) the facts that support the finding [of substantiation];
227 [(b)] (d) that the person may be disqualified from adopting a child or working for or being
228 licensed by:
229 (i) the department;
230 (ii) a human services licensee;
231 (iii) a child care provider or program; and
232 (iv) a covered health care facility;
233 [(c)] (e) that the person has the right to request:
234 (i) a copy of the [substantiated] report; and
235 (ii) an opportunity to challenge the finding and its inclusion on the licensing part of the
236 management information system described in Subsection 62A-4a-116 (4), except as provided in
237 Subsection (5)(b); and
238 [(d)] (f) that failure to request an opportunity to challenge the finding within 30 days of
239 the notice being received will result in an unappealable finding of substantiation of child abuse or
240 neglect, unless the person can show good cause for why compliance within the 30-day requirement
241 was virtually impossible or unreasonably burdensome.
242 (3) (a) A person may make a request to challenge a [substantiated] finding within 30 days

243 of:
244 (i) a notice being received under Subsection (2);
245 (ii) a finding by a court of competent jurisdiction based on the same underlying facts that:
246 (A) child abuse or neglect, as described in Subsection 62A-4a-116 (4)(b), did not occur;
247 or
248 (B) the person was not responsible for the child abuse or neglect that did occur; or
249 (iii) the dismissal of criminal charges or a verdict of not guilty based on the same
250 underlying facts.
251 (b) The 30-day requirement of Subsection (3)(a) shall be extended for good cause shown
252 that compliance was virtually impossible or unreasonably burdensome.
253 (c) The division may approve or deny a request made under Subsection (3)(a).
254 (d) If the division denies the request or fails to act within 30 days after receiving a request
255 submitted under Subsection (3)(a), the Office of Administrative Hearings shall hold an
256 adjudicative proceeding pursuant to Title 63, Chapter 46b, Administrative Procedures Act.
257 (4) (a) In an adjudicative proceeding held pursuant to Subsection (3)(d), the division shall
258 prove by a preponderance of the evidence that there is a reasonable basis to conclude that:
259 (i) child abuse or neglect, as described in Subsection 62A-4a-116 (4)(b), occurred; and
260 (ii) the person was substantially responsible for the abuse or neglect that occurred.
261 (b) The administrative hearing officer may make a determination of substantiation based
262 solely on the out-of-court statement of the child that the officer finds to be reliable under the
263 standards set forth in:
264 (i) Section 76-5-411 ;
265 (ii) Utah Rules of Criminal Procedure, Rule 15.5;
266 (iii) Section 78-3a-116(5);
267 (iv) the Utah Rules of Evidence; or
268 (v) Utah case law.
269 (5) (a) A person may not make a request to challenge a [substantiated] finding under
270 Subsection (3)(a), if, at anytime, a court of competent jurisdiction has made a determination based
271 on the same underlying facts that:
272 (i) child abuse or neglect, as described in Subsection 62A-4a-116 (4)(b), occurred; [and]
273 (ii) the person was substantially responsible for the abuse or neglect that occurred[.]; and

274 (iii) the person:
275 (A) was a party to the proceeding; or
276 (B) (I) had notice of the proceeding; and
277 (II) was provided a meaningful opportunity to challenge the facts underlying the court's
278 determination.
279 (b) An adjudicative proceeding held pursuant to Subsection (4) may be stayed during the
280 time a judicial action is pending.
281 (6) Nothing in this section may affect the inclusion or exclusion of a report or finding of
282 child abuse or neglect from or access by the division, its caseworkers, and child protective services
283 workers to that part of the management information system used for purposes of child welfare
284 cases and child protective services as described in Subsections 62A-4a-116 (2) and (3).
285 (7) By December 31, 1998, the division shall provide notice to each person with a
286 [substantiated] finding of abuse or neglect since January 1, 1994.
287 (8) A person who, after receiving notice, fails to challenge a finding of child abuse or
288 neglect may request the opportunity to challenge the finding under this section:
289 (a) if since the time that the person received notice, state law has been amended to permit
290 a broader use of or access to information on the licensing part of the management information
291 system; and
292 (b) before the finding may be used against the person in connection with the broader use
293 or access.
294 Section 5. Section 62A-4a-412 is amended to read:
295 62A-4a-412. Reports and information confidential.
296 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as well
297 as any other information in the possession of the division obtained as the result of a report is
298 confidential and may only be made available to:
299 (a) a police or law enforcement agency investigating a report of known or suspected child
300 abuse or neglect;
301 (b) a physician who reasonably believes that a child may be the subject of abuse or neglect;
302 (c) an agency that has responsibility or authority to care for, treat, or supervise a child who
303 is the subject of a report;
304 (d) any subject of the report, the natural parents of the minor, and the guardian ad litem;

305 (e) a court, upon a finding that access to the records may be necessary for the
306 determination of an issue before it, provided that in a divorce, custody, or related proceeding
307 between private parties, the record alone is:
308 (i) limited to objective or undisputed facts that were verified at the time of the
309 investigation; and
310 (ii) devoid of conclusions drawn by the division or any of its workers on the ultimate issue
311 of whether or not a person's acts or omissions constituted any level of abuse or neglect of another
312 person;
313 (f) an office of the public prosecutor or its deputies in performing an official duty;
314 (g) a person authorized by a Childrens' Justice Center, for the purposes described in
315 Section 67-5b-102 ;
316 [(h) the Bureau of Health Facility Licensure within the Department of Health, as provided
317 for in Section 26-21-9.5 , for the sole purpose of determining whether a person associated with a
318 covered health care facility and who provides direct care to children has a substantiated finding
319 of child abuse or neglect;]
320 [(i) the Bureau of Health Facility Licensure within the Department of Health for the
321 purpose of determining whether a person associated with a child care provider has a substantiated
322 finding of child abuse or neglect on the licensing part of the management information system
323 created in Section 62A-4a-116 ; and]
324 [(j)] (h) a person engaged in bona fide research, when approved by the director of the
325 division, if the information does not include names and addresses[.]; and
326 (i) any person identified in the report as a perpetrator or possible perpetrator of child abuse
327 or neglect, after being advised of the screening prohibition in Subsection (2).
328 (2) (a) No person, unless listed in Subsection (1), may request another person to obtain or
329 release a report or any other information in the possession of the division obtained as a result of
330 the report that is available under Subsection (1)(i) to screen for potential perpetrators of child
331 abuse or neglect.
332 (b) A person who requests information knowing that it is a violation of Subsection (2)(a)
333 to do so is subject to the criminal penalty in Subsection (4).
334 [(2)] (3) h [ The ] EXCEPT AS PROVIDED IN SUBSECTION 62A-4a-116(7)(c), THE h division
334a and law enforcement officials shall ensure the anonymity of the
335 person or persons making the initial report and any others involved in its subsequent investigation.

336 [(3)] (4) Any person who wilfully permits, or aides and abets the release of data or
337 information obtained as a result of this part, in the possession of the division or contained [in the
338 central register] on any part of the management information system, in violation of this part or
339 Section 62A-4a-116 , is guilty of a class C misdemeanor.
340 [(4)] (5) The physician-patient privilege is not a ground for excluding evidence regarding
341 a child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
342 good faith pursuant to this part.
343 Section 6. Section 63-46b-15 is amended to read:
344 63-46b-15. Judicial review -- Informal adjudicative proceedings.
345 (1) (a) The district courts have jurisdiction to review by trial de novo all final agency
346 actions resulting from informal adjudicative proceedings, except that the juvenile courts have
347 jurisdiction over all state agency actions relating to:
348 (i) the removal or placement of children in state custody [and actions relating to];
349 (ii) the support of [those] children under Subsection (1)(a)(i) as determined
350 administratively under Section 78-3a-906 [.]; and
351 (iii) substantiated findings of abuse or neglect pursuant to 62A-4a-116.5 .
352 (b) Venue for judicial review of informal adjudicative proceedings shall be as provided
353 in the statute governing the agency or, in the absence of such a venue provision, in the county
354 where the petitioner resides or maintains his principal place of business.
355 (2) (a) The petition for judicial review of informal adjudicative proceedings shall be a
356 complaint governed by the Utah Rules of Civil Procedure and shall include:
357 (i) the name and mailing address of the party seeking judicial review;
358 (ii) the name and mailing address of the respondent agency;
359 (iii) the title and date of the final agency action to be reviewed, together with a duplicate
360 copy, summary, or brief description of the agency action;
361 (iv) identification of the persons who were parties in the informal adjudicative proceedings
362 that led to the agency action;
363 (v) a copy of the written agency order from the informal proceeding;
364 (vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial
365 review;
366 (vii) a request for relief, specifying the type and extent of relief requested; and

367 (viii) a statement of the reasons why the petitioner is entitled to relief.
368 (b) All additional pleadings and proceedings in the district court are governed by the Utah
369 Rules of Civil Procedure.
370 (3) (a) The district court, without a jury, shall determine all questions of fact and law and
371 any constitutional issue presented in the pleadings.
372 (b) The Utah Rules of Evidence apply in judicial proceedings under this section.
373 Section 7. Section 78-3a-104 is amended to read:
374 78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
375 (1) Except as otherwise provided by law, the juvenile court has exclusive original
376 jurisdiction in proceedings concerning:
377 (a) a minor who has violated any federal, state, or local law or municipal ordinance or a
378 person younger than 21 years of age who has violated any law or ordinance before becoming 18
379 years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
380 (b) a person 21 years of age or older who has failed or refused to comply with an order of
381 the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
382 birthday; however, the continuing jurisdiction is limited to causing compliance with existing
383 orders;
384 (c) a minor who is an abused child, neglected child, or dependent child, as those terms are
385 defined in Section 78-3a-103 ;
386 (d) a protective order for a minor who is alleged to be an abused child or neglected child,
387 except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent of the
388 minor against a natural parent of the minor;
389 (e) the determination of the custody of a minor or to appoint a guardian of the person or
390 other guardian of a minor who comes within the court's jurisdiction under other provisions of this
391 section;
392 (f) the termination of the legal parent-child relationship in accordance with Part 4,
393 Termination of Parental Rights Act, including termination of residual parental rights and duties;
394 (g) the treatment or commitment of a mentally retarded minor;
395 (h) a minor who, in defiance of earnest and persistent efforts on the part of his parents and
396 school authorities as required under Section 53A-11-103 , is a habitual truant from school;
397 (i) the judicial consent to the marriage of a minor under age 16 upon a determination of

398 voluntariness or where otherwise required by law, employment, or enlistment of a minor when
399 consent is required by law;
400 (j) any parent or parents of a minor committed to a secure youth corrections facility, to
401 order, at the discretion of the court and on the recommendation of a secure youth corrections
402 facility, the parent or parents of a minor committed to a secure youth corrections facility for a
403 custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
404 corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
405 therapist the court may direct, for a period directed by the court as recommended by a secure youth
406 corrections facility;
407 (k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
408 (l) the treatment or commitment of a mentally ill child. The court may commit a child to
409 the physical custody of a local mental health authority or to the legal custody of the Division of
410 Mental Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part
411 2A, Commitment of Persons Under Age 18 to Division of Mental Health. The court may not
412 commit a child directly to the Utah State Hospital; [and]
413 (m) the commitment of a minor in accordance with Section 62A-8-501 [.];
414 (n) de novo review of final agency actions resulting from an informal adjudicative
415 proceeding as provided in Section 63-46b-15 .
416 (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
417 jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
418 jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except
419 that the court shall have exclusive jurisdiction over the following traffic offenses committed by
420 a minor under 18 years of age:
421 (a) Section 76-5-207 , automobile homicide;
422 (b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
423 (c) Section 41-6-45 , reckless driving;
424 (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer
425 for an extended period of time; and
426 (e) Section 41-6-13.5 , fleeing a peace officer.
427 (3) The court also has jurisdiction over traffic offenses that are part of a single criminal
428 episode filed in a petition that contains an offense over which the court has jurisdiction.

429 (4) The juvenile court has jurisdiction over questions of custody, support, and visitation
430 certified to it by the district court pursuant to Section 78-3a-105 .
431 (5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
432 referred to it by the Division of Child and Family Services or by public or private agencies that
433 contract with the division to provide services to that minor where, despite earnest and persistent
434 efforts by the division or agency, the minor has demonstrated that he:
435 (a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
436 to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
437 (b) has run away from home.
438 (6) This section does not restrict the right of access to the juvenile court by private
439 agencies or other persons.
440 (7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
441 under Section 78-3a-602 .