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S.B. 17 Enrolled

                 

DCFS MANAGEMENT INFORMATION SYSTEM

                 
AMENDMENTS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: D. Chris Buttars

                  This act amends the Utah Human Services Code and the Judicial Code. The act adds
                  definitions of various terms used in the Management Information System and Licensing
                  Information System provisions. The act reorganizes and clarifies statutes governing the
                  Division of Child and Family Services' Management Information System. The act provides
                  that when the division makes a supported finding of certain types of severe child abuse or
                  neglect that finding is referred to juvenile court or a notice is personally served upon the
                  alleged perpetrator. The act provides that in certain circumstances the alleged perpetrator
                  has the right to either consent to entry of the alleged perpetrator's name on the Licensing
                  Information System or to petition for a hearing before a juvenile court judge. The act
                  provides that the juvenile court will make a finding of substantiated, unsubstantiated, or
                  without merit and provide a copy of its determination to the division. The act provides that
                  the division remove information from the Licensing Information System after a juvenile
                  court makes a finding. The act clarifies the right of judicial review of final agency action.
                  The act provides an opportunity for certain persons to petition the juvenile court to remove
                  their names from the Licensing Information System. The act provides that certain juvenile
                  court records and related appellate court records are accessible for licensing purposes. The
                  act clarifies that information contained in the Management Information System and
                  Licensing Information System is a protected record. The act expands the jurisdiction of the
                  juvenile court. The act makes technical changes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      26-21-9.5, as last amended by Chapter 276, Laws of Utah 1999
                      26-39-105.5, as last amended by Chapter 86, Laws of Utah 2000
                      62A-1-118, as enacted by Chapter 358, Laws of Utah 1998


                      62A-2-121, as last amended by Chapter 164, Laws of Utah 1999
                      62A-4a-101, as last amended by Chapter 134, Laws of Utah 2001
                      62A-4a-116, as last amended by Chapters 153 and 184, Laws of Utah 2001
                      62A-4a-116.5, as last amended by Chapter 153, Laws of Utah 2001
                      62A-4a-202.7, as enacted by Chapter 228, Laws of Utah 2000
                      62A-4a-412, as last amended by Chapter 9, Laws of Utah 2001
                      63-2-304, as last amended by Chapters 232 and 335, Laws of Utah 2000
                      78-3a-103, as last amended by Chapters 134 and 255, Laws of Utah 2001
                      78-3a-104, as last amended by Chapters 213 and 255, Laws of Utah 2001
                  ENACTS:
                      62A-4a-116.1, Utah Code Annotated 1953
                      62A-4a-116.2, Utah Code Annotated 1953
                      62A-4a-116.3, Utah Code Annotated 1953
                      62A-4a-116.4, Utah Code Annotated 1953
                      62A-4a-116.6, Utah Code Annotated 1953
                      78-3a-320, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 26-21-9.5 is amended to read:
                       26-21-9.5. Criminal background check and Licensing Information System check.
                      (1) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9 , a covered
                  health care facility, as defined in Subsection (10), at the time of initial application for a license and
                  license renewal shall:
                      (a) submit the name and other identifying information of each person associated with the
                  facility who:
                      (i) provides direct care to a patient; and
                      (ii) has been the subject of a criminal background check within the preceding three-year
                  period by a public or private entity recognized by the department; and
                      (b) submit the name and other identifying information, which may include fingerprints, of

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                  each person associated with the facility who:
                      (i) provides direct care to a patient; and
                      (ii) has not been the subject of a criminal background check in accordance with Subsection
                  (1)(a)(ii).
                      (2) (a) The department shall forward the information received under Subsection (1)(b) to the
                  Criminal Investigations and Technical Services Division of the Department of Public Safety for
                  processing to determine whether an individual has been convicted of any crime.
                      (b) If an individual has not had residency in Utah for the last five years, the individual shall
                  submit fingerprints for an FBI national criminal history record check. The fingerprints shall be
                  submitted to the FBI through the Criminal Investigations and Technical Services Division. The
                  individual or licensee is responsible for the cost of the fingerprinting and national criminal history
                  check.
                      (3) The department may determine whether:
                      (a) an individual whose name and other identifying information has been submitted pursuant
                  to Subsection (1) and who provides direct care to children [has a substantiated finding of child abuse
                  or neglect by accessing in accordance with Subsection (4) the licensing part of the management
                  information system created in Section 62A-4a-116 ] is listed in the Licensing Information System
                  described in Section 62A-4a-116.2 or has a substantiated finding by a court of severe child abuse or
                  neglect under Section 78-3a-320 , if identification as a possible perpetrator of child abuse or neglect
                  is relevant to the employment activities of that individual; or
                      (b) an individual whose name and other identifying information has been submitted pursuant
                  to Subsection (1) and who provides direct care to disabled or elder adults has a substantiated finding
                  of abuse, neglect, or exploitation of a disabled or elder adult by accessing in accordance with
                  Subsection (4) the database created in Section 62A-3-311.1 if identification as a possible perpetrator
                  of disabled or elder adult abuse, neglect, or exploitation is relevant to the employment activities of
                  that person.
                      (4) (a) The department shall:
                      (i) designate two persons within the department to access the [licensing part of the

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                  management information system] Licensing Information System described in Section 62A-4a-116.2
                  and court records under Subsection 78-3a-320 (4) and two persons to access the database described
                  in Subsection (3)(b); and
                      (ii) adopt measures to:
                      (A) protect the security of the [management information system] Licensing Information
                  System, the court records, and the database; and
                      (B) strictly limit access to the [management information system] Licensing Information
                  System, the court records, and the database to those designated under Subsection (4)(a)(i).
                      (b) Those designated under Subsection (4)(a)(i) shall receive training from the Department
                  of Human Services with respect to:
                      (i) accessing the [management information system] Licensing Information System, the court
                  records, and the database;
                      (ii) maintaining strict security; and
                      (iii) the criminal provisions in Section 62A-4a-412 for the improper release of information.
                      (c) Those designated under Subsection (4)(a)(i):
                      (i) are the only ones in the department with the authority to access the [management
                  information system] Licensing Information System, the court records, and database; and
                      (ii) may only access the [management information system] Licensing Information System,
                  the court records, and the database for the purpose of licensing and in accordance with the provisions
                  of Subsection (3).
                      (5) Within ten days of initially hiring an individual, a covered health care facility shall
                  submit the individual's information to the department in accordance with Subsection (1).
                      (6) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
                  Rulemaking Act, consistent with this chapter, defining the circumstances under which a person who
                  has been convicted of a criminal offense [or has a substantiated report of child abuse or neglect or
                  disabled or elder adult abuse, neglect, or exploitation may provide direct care], or a person described
                  in Subsection (3), may provide direct care to a patient in a covered health care facility, taking into
                  account the nature of the criminal conviction or substantiated finding and its relation to patient care.

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                      (7) The department may, in accordance with Section 26-1-6 , assess reasonable fees for a
                  criminal background check processed pursuant to this section.
                      (8) The department may inform the covered health care facility of [the criminal conviction
                  or substantiated finding of child abuse or neglect of an individual associated with the facility]
                  information discovered under Subsection (3) with respect to an individual associated with the
                  facility.
                      (9) A covered health care facility is not civilly liable for submitting information to the
                  department as required by Subsection (1).
                      (10) For purposes of this section, "covered health care facility" only includes:
                      (a) home health care agencies;
                      (b) hospices;
                      (c) nursing care facilities;
                      (d) assisted-living facilities;
                      (e) small health care facilities; and
                      (f) end stage renal disease facilities.
                      Section 2. Section 26-39-105.5 is amended to read:
                       26-39-105.5. Residential child care certificate.
                      (1) (a) A residential child care provider of five to eight children shall obtain a Residential
                  Child Care Certificate from the department unless Section 26-39-106 applies.
                      (b) The qualifications for a Residential Child Care Certificate are limited to:
                      (i) the submission of:
                      (A) an application in the form prescribed by the department;
                      (B) a certification and criminal background fee established in accordance with Section
                  26-1-6 ; and
                      (C) identifying information described in Subsection 26-39-107 (1) for each adult person who
                  resides in the provider's home:
                      (I) for processing by the Department of Public Safety to determine whether any such person
                  has been convicted of a crime; [and]

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                      (II) to screen for a substantiated finding of child abuse or neglect [pursuant to Section
                  62A-4a-116 ] by a juvenile court; and
                      (III) to discover whether the person is listed in the Licensing Information System described
                  in Section 62A-4a-116.2 .
                      (ii) an initial and annual inspection of the provider's home within 90 days of sending an
                  intent to inspect notice to:
                      (A) check the immunization record of each child who receives child care in the provider's
                  home;
                      (B) identify serious sanitation, fire, and health hazards to children; and
                      (C) make appropriate recommendations; and
                      (iii) for new providers, completion of:
                      (A) five hours of department-approved training; and
                      (B) a department-approved CPR and first aid course.
                      (c) If a serious sanitation, fire, or health hazard has been found during an inspection
                  conducted pursuant to Subsection (1)(b)(ii), the department may, at the option of the residential care
                  provider:
                      (i) require corrective action for the serious hazards found and make an unannounced follow
                  up inspection to determine compliance; or
                      (ii) inform the parents of each child in the care of the provider of the results of the
                  department's inspection and the failure of the provider to take corrective action.
                      (d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), the department
                  may inspect the home of a residential care provider of five to eight children in response to a
                  complaint of:
                      (i) child abuse or neglect;
                      (ii) serious health hazards in or around the provider's home; or
                      (iii) providing residential child care without the appropriate certificate or license.
                      (2) Notwithstanding this section:
                      (a) a license under Section 26-39-105 is required of a residential child care provider who

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                  cares for nine or more children;
                      (b) a certified residential child care provider may not provide care to more than two children
                  under the age of two; and
                      (c) an inspection may be required of a residential child care provider in connection with a
                  federal child care program.
                      (3) With respect to residential child care, the department may only make and enforce rules
                  necessary to implement this section.
                      Section 3. Section 62A-1-118 is amended to read:
                       62A-1-118. Access to abuse and neglect information to screen employees and
                  volunteers.
                      (1) With respect to department employees and volunteers, the department may only access
                  information in the Division of Child and Family Service's [management information system]
                  Management Information System created by Section 62A-4a-116 and the Division of Aging and
                  Adult Services database created by Section 62A-3-311.1 for the purpose of determining at the time
                  of hire and each year thereafter whether a department employee or volunteer has an adjudication of
                  abuse or neglect or since January 1, 1994, a substantiated finding of abuse or neglect after notice and
                  an opportunity for a hearing consistent with Title 63, Chapter 46b, Administrative Procedures Act,
                  but only if identification as a possible perpetrator of abuse or neglect is directly relevant to the
                  employment or volunteer activities of that person.
                      (2) A department employee or volunteer to whom Subsection (1) applies shall submit to the
                  department his name and other identifying information upon request.
                      (3) The department shall process the information to determine whether the employee or
                  volunteer has a substantiated finding of child abuse or neglect.
                      (4) The department shall adopt rules defining permissible and impermissible work-related
                  activities for a department employee or volunteer with one or more substantiated findings of abuse
                  or neglect.
                      Section 4. Section 62A-2-121 is amended to read:
                       62A-2-121. Access to abuse and neglect information for licensing purposes.

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                      (1) With respect to human services licensees, the department may access only the [licensing
                  part] Licensing Information System of the Division of Child and Family [Service's management
                  information system] Services created by [Section 62A-4a-116 ] Section 62A-4a-116.2 and juvenile
                  court records under Subsection 78-3a-320 (4), for the purpose of:
                      (a) determining whether a person associated with a licensee, who provides care described
                  in Subsection (2), is listed in the Licensing Information System or has a substantiated finding by a
                  juvenile court of a severe type of child abuse or neglect under Subsections 78-3a-320 (1) and (2); and
                      (b) informing a licensee, who provides care described in Subsection (2), that a person
                  associated with the licensee is listed in the Licensing Information System or has a substantiated
                  finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78-3a-320 (1)
                  and (2).
                      (2) (a) A licensee or individual applying for or renewing a license to provide child-placing
                  services, youth programs, substitute care, foster care, or institutionalized care to children shall submit
                  to the department the name and other identifying information of a person associated with the
                  licensee.
                      (b) The office shall process the information [to determine whether the licensee or a person
                  associated with a licensee has a substantiated finding of child abuse or neglect] for the purposes
                  described in Subsection (1).
                      (3) The [office] department shall adopt rules under Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under
                  which a person associated with a licensee who is listed in the Licensing Information System or has
                  a substantiated finding by a court of a severe type of child abuse or neglect under Subsections
                  78-3a-320 (1) and (2) may provide [child-placing services, foster care, youth programs, substitute
                  care, or institutionalized care for children in a facility licenced by the department] services to
                  children.
                      Section 5. Section 62A-4a-101 is amended to read:
                       62A-4a-101. Definitions.
                      As used in this chapter:

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                      (1) "Abuse" means:
                      (a) actual or threatened nonaccidental physical or mental harm;
                      (b) negligent treatment;
                      (c) sexual exploitation; or
                      (d) any sexual abuse.
                      (2) "Adoption services" means placing children for adoption, subsidizing adoptions under
                  Section 62A-4a-105 , supervising adoption placements until the adoption is finalized by the court,
                  conducting adoption studies, preparing adoption reports upon request of the court, and providing
                  postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible
                  disruptive placement.
                      (3) "Board" means the Board of Child and Family Services established in accordance with
                  Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
                      (4) "Child" has the same meaning as "minor," as defined in this section.
                      [(4)] (5) "Consumer" means a person who receives services offered by the division in
                  accordance with this chapter.
                      (6) "Chronic physical abuse" means repeated or patterned physical abuse.
                      (7) "Chronic neglect" means a repeated or patterned failure or refusal by a parent, guardian,
                  or custodian to provide necessary care for a minor's safety, morals, or well-being.
                      (8) "Chronic emotional abuse" means repeated or patterned emotional abuse.
                      [(5)] (9) "Custody," with regard to the division, means the custody of a child in the division
                  as of the date of disposition.
                      [(6)] (10) "Day-care services" means care of a child for a portion of the day which is less
                  than 24 hours, in his own home by a responsible person, or outside of his home in a day-care center,
                  family group home, or family child care home.
                      [(7)] (11) "Dependent child" or "dependency" means a child, or the condition of a child, who
                  is homeless or without proper care through no fault of [his] the child's parent, guardian, or custodian.
                      [(8)] (12) "Director" means the director of the Division of Child and Family Services.
                      [(9)] (13) "Division" means the Division of Child and Family Services.

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                      [(10)] (14) (a) "Domestic violence services" means temporary shelter, treatment, and related
                  services to persons who are victims of abuse and their dependent children and treatment services for
                  domestic violence perpetrators.
                      (b) As used in this Subsection [(10)] (14) "abuse" means the same as that term is defined in
                  Section 30-6-1 , and "domestic violence perpetrator" means a person who is alleged to have
                  committed, has been convicted of, or has pled guilty to an act of domestic violence as defined in
                  Subsection 77-36-1 (2).
                      [(11)] (15) "Homemaking service" means the care of individuals in their domiciles, and help
                  given to individual caretaker relatives to achieve improved household and family management
                  through the services of a trained homemaker.
                      [(12)] (16) "Minor" means a person under 18 years of age. "Minor" may also include a
                  person under 21 years of age for whom the division has been specifically ordered by the juvenile
                  court to provide services.
                      [(13)] (17) "Natural parent" means a [child's] minor's biological or adoptive parent, and
                  includes a [child's] minor's noncustodial parent.
                      [(14)] (18) (a) "Neglect" means:
                      (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
                  Relinquishment of a Newborn Child;
                      (ii) subjecting a child to mistreatment or abuse;
                      (iii) lack of proper parental care by reason of the fault or habits of the parent, guardian, or
                  custodian;
                      (iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
                  subsistence, education, or medical care, including surgery or psychiatric services when required, or
                  any other care necessary for his health, safety, morals, or well-being; or
                      (v) a child at risk of being neglected or abused because another child in the same home is
                  neglected or abused.
                      (b) The aspect of neglect relating to education, described in Subsection [(14)] (18)(a)(iv),
                  means that, after receiving notice that a child has been frequently absent from school without good

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                  cause, or that the child has failed to cooperate with school authorities in a reasonable manner, a
                  parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate
                  education.
                      (c) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
                  does not provide specified medical treatment for a child, is not guilty of neglect.
                      [(15)] (19) "Protective custody," with regard to the division, means the shelter of a child by
                  the division from the time [he] the child is removed from [his] the child's home until the shelter
                  hearing, or [his] the child's return home, whichever occurs earlier.
                      [(16)] (20) "Protective services" means expedited services that are provided:
                      (a) in response to evidence of neglect, abuse, or [exploitation] dependency of a minor;
                      (b) in an effort to substantiate evidence of neglect, abuse, or [exploitation] dependency;
                      (c) to a cohabitant who is neglecting or abusing a child, in order to help [him] the cohabitant
                  develop recognition of [his] the cohabitant's duty of care and of the causes of neglect or abuse, and
                  to strengthen [his] the cohabitant's ability to provide safe and acceptable care; and
                      (d) in cases where the child's welfare is endangered:
                      (i) to bring the situation to the attention of the appropriate juvenile court and law
                  enforcement agency;
                      (ii) to cause a protective order to be issued for the protection of the [child] minor, when
                  appropriate; and
                      (iii) to protect the child from the circumstances that endanger [his] the child's welfare
                  including, when appropriate, removal from [his] the child's home, placement in substitute care, and
                  petitioning the court for termination of parental rights.
                      [(17)] (21) "Services to unwed parents" means social, educational, and medical services
                  arranged for or provided to unwed parents to help them plan for themselves and the unborn child.
                      (22) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
                  minor.
                      [(18)] (23) "Shelter care" means the temporary care of minors in nonsecure facilities.
                      [(19)] (24) "State" means a state of the United States, the District of Columbia, the

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                  Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern
                  Mariana Islands, or a territory or possession administered by the United States.
                      (25) "Severe emotional abuse" means emotional abuse that causes or threatens to cause
                  serious harm to a minor.
                      (26) "Severe physical abuse" means physical abuse that causes or threatens to cause serious
                  harm to a minor.
                      [(20)] (27) "State plan" means the written description of the programs for children, youth,
                  and family services administered by the division in accordance with federal law.
                      [(21)] (28) "Status offender" means a minor who has been declared a runaway or
                  ungovernable.
                      (29) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
                  of the evidence that abuse or neglect occurred. Each allegation made or identified in a given case
                  shall be considered separately in determining whether there should be a finding of substantiated.
                      [(22)] (30) "Substitute care" means:
                      (a) the placement of a minor in a family home, group care facility, or other placement outside
                  the minor's own home, either at the request of a parent or other responsible relative, or upon court
                  order, when it is determined that continuation of care in the child's own home would be contrary to
                  the child's welfare;
                      (b) services provided for a child awaiting placement; and
                      (c) the licensing and supervision of a substitute care facility.
                      (31) "Supported" means a finding by the division based on the evidence available at the
                  completion of an investigation that there is a reasonable basis to conclude that abuse, neglect, or
                  dependency occurred. Each allegation made or identified during the course of the investigation shall
                  be considered separately in determining whether there should be a finding of supported.
                      [(23)] (32) "Temporary custody," with regard to the division, means the custody of a child
                  in the division from the date of the shelter hearing until disposition.
                      [(24)] (33) "Transportation services" means travel assistance given to an individual with
                  escort service, if necessary, to and from community facilities and resources as part of a service plan.

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                      (34) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
                  conclude that abuse or neglect occurred.
                      (35) "Unsupported" means a finding at the completion of an investigation that there is
                  insufficient evidence to conclude that abuse, neglect, or dependency occurred. However, a finding
                  of unsupported means also that the division worker did not conclude that the allegation was without
                  merit.
                      (36) "Without merit" means a finding at the completion of an investigation by the division,
                  or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged
                  perpetrator was not responsible for the abuse, neglect, or dependency.
                      [(25)] (37) "Youth services" means services provided to families in crisis when a minor is
                  ungovernable or runaway or where there is parent-child conflict, in an effort to resolve family
                  conflict, maintain or reunite minors with their families, and to divert minors from the juvenile justice
                  system. Those services may include crisis intervention, short-term shelter, time-out placement, and
                  family counseling.
                      Section 6. Section 62A-4a-116 is amended to read:
                       62A-4a-116. Management Information System -- Requirements -- Contents -- Purpose
                  -- Access.
                      (1) The division shall develop and implement a Management Information System that meets
                  the requirements of this section and the requirements of federal law and regulation. The information
                  and records contained in the Management Information System are protected records under Title 63,
                  Chapter 2, Government Records Access and Management Act, and except for the limited, specific,
                  and narrow provisions relating to licensing, contained in Section 62A-4a-116.2 , and those provisions
                  relating to contract providers, described in Subsection (6), they are available only to those with
                  statutory authorization to review under that law. They are also available to those who have a specific
                  statutory authorization to access the record for the purpose of assisting the state with state and federal
                  requirements to maintain information solely for the purpose of protecting minors and providing
                  services to families in need.
                      (2) With regard to all child welfare cases, the Management Information System shall[: (a)]

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                  provide each caseworker with a complete history of each child in [his] that worker's caseload,
                  including the following information:
                      [(i)] (a) a record of all past action taken by the division with regard to that child and [his]
                  the child's siblings[,];
                      (b) the complete case history and all reports and information in the control or keeping of the
                  division regarding that child and [his] the child's siblings;
                      [(ii)] (c) the number of times the child has been in [foster care] the custody of the division;
                      [(iii)] (d) the cumulative period of time the child has been in [foster care] the custody of the
                  division;
                      [(iv)] (e) a record of all reports of abuse or neglect received by the division with regard to
                  that child's parent, [or] parents, or guardian including documentation [regarding whether each report
                  was] of the latest status or the final outcome or determination regarding each report, including
                  whether each report was found to be supported, unsupported, substantiated by a juvenile court,
                  unsubstantiated by a juvenile court, or without merit;
                      [(v)] (f) the number of times the child's parent or parents have failed any treatment plan; and
                      [(vi)] (g) the number of different caseworkers who have been assigned to that child in the
                  past[;].
                      (3) The division's Management Information System shall also:
                      [(b)] (a) contain all key elements of each family's current treatment plan, including the dates
                  and number of times the plan has been administratively or judicially reviewed, the number of times
                  the parent or parents have failed that treatment plan, and the exact length of time that treatment plan
                  has been in effect; and
                      [(c)] (b) alert caseworkers regarding deadlines for completion of and compliance with policy,
                  including treatment plans[;].
                      [(d) unless the executive director determines that there is good cause for keeping the report
                  on the system based on standards established by rule, delete any reference to:]
                      [(i) a report that is without merit if no subsequent report involving the same alleged
                  perpetrator has occurred within one year; or]

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                      [(ii) a report that is unsubstantiated if no subsequent report involving the same alleged
                  perpetrator has occurred within five years; and]
                      [(e) maintain a separation of reports that are without merit in the system to identify the cases
                  apart from substantiated cases and, where necessary, provide restricted access to the without merit
                  cases.]
                      [(3)] (4) With regard to all child protective services cases, the Management Information
                  System shall[, in addition to the information required in Subsection (2),] also:
                      (a) monitor the compliance of each case with [the policy of the] division[, the laws of this]
                  rule and policy, state law, and federal law and regulation[.]; and
                      [(4)] (b) [With regard to all child welfare and protective services cases,] include the age and
                  date of birth of the alleged perpetrator[,] at the time the abuse or neglect is alleged to have occurred[,
                  shall be included in the management information system], in order to ensure accuracy regarding the
                  identification of the alleged perpetrator.
                      [(5) (a) The division shall develop and maintain a part of the information management
                  system for licensing purposes, which shall be:]
                      [(i) limited to:]
                      [(A) substantiated findings of child abuse or neglect since January 1, 1988, after notice and
                  an opportunity to challenge has been provided under Section 62A-4a-116.5 ;]
                      [(B) the name of a person who was not sent a notice of agency action under Section
                  62A-4a-116.5 because his location was not available on the management information system or who
                  was sent a notice of agency action that was returned to the division as undelivered for the sole
                  purpose of alerting the division of the need to afford the person an opportunity to challenge the
                  finding of child abuse or neglect under Section 62A-4a-116.5 before any adverse action, beyond
                  delaying the person's licensing application to provide an opportunity for challenge, may be taken;]
                      [(C) an adjudication of child abuse or neglect by a court of competent jurisdiction if
                  Subsection 62A-4a-116.5 (5) has been met; and]
                      [(D) any criminal conviction or guilty plea related to neglect, physical abuse, or sexual abuse
                  of any person; and]

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                      [(ii) accessible by:]
                      [(A) the Office of Licensing for licensing purposes only;]
                      [(B) the division:]
                      [(I) to screen a person at the request of the Office of the Guardian Ad Litem Director, created
                  by Section 78-3a-912 , at the time the person seeks a paid or voluntary position with the Office of the
                  Guardian Ad Litem and each year thereafter that the person remains with the office; and]
                      [(II) to respond to a request for information from the person who is identified as a perpetrator
                  in the report, after advising the person of the screening prohibition in Subsection (4)(d)(iii);]
                      [(C) subject to the provisions of Subsection (5)(c), the Bureau of Health Facility Licensure
                  within the Department of Health only for the purpose of licensing a child care program or provider,
                  or for determining whether a person associated with a covered health care facility, as defined by the
                  Department of Health by rule, who provides direct care to a child has a substantiated finding of child
                  abuse or neglect; and]
                      [(D) the department as provided in Subsection (6) and Section 62A-1-118 .]
                      [(b) For the purpose of Subsection (5)(a), "substantiated":]
                      [(i) means a finding that there is a reasonable basis to conclude that:]
                      [(A) a person 18 years of age or older committed one or more of the following types of child
                  abuse or neglect:]
                      [(I) physical abuse;]
                      [(II) sexual abuse;]
                      [(III) sexual exploitation;]
                      [(IV) abandonment;]
                      [(V) medical neglect resulting in death, disability, or serious illness; or]
                      [(VI) chronic or severe neglect; and]
                      [(B) a person under the age of 18:]
                      [(I) caused serious physical injury, as defined in Subsection 76-5-109 (1)(d), to another child
                  which indicates a significant risk to other children; or]
                      [(II) engaged in sexual behavior with or upon another child which indicates a significant risk

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                  to other children; and]
                      [(ii) does not include:]
                      [(A) the use of reasonable and necessary physical restraint or force by an educator in
                  accordance with Subsection 53A-11-802 (2) or Section 76-2-401 ;]
                      [(B) a person's conduct that:]
                      [(I) is justified under Section 76-2-401 ; or]
                      [(II) constituted the use of reasonable and necessary physical restraint or force in self-defense
                  or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous
                  object in the possession or under the control of a child or to protect the child or another person from
                  physical injury; or]
                      [(C) (I) failure to administer prescribed or recommended medication or to follow a course
                  of treatment prescribed or recommended by a health care provider as defined in Section 78-14-3, if
                  the division has not provided the legal guardian or parent notice of the opportunity to obtain, at the
                  parent's or guardian's expense, a physical examination of the minor by a health care professional
                  licensed under Title 58, Chapter 67, Utah Medical Practice Act, Chapter 68, Utah Osteopathic
                  Medical Practices Act, Chapter 70a, Physician Assistant Act, or licensed as an advance practice
                  registered nurse under Chapter 31b, Nurse Practices Act, to determine if the course of treatment
                  chosen by the legal guardian or parent is a medically acceptable alternative and is in the best interest
                  of the minor under the circumstances;]
                      [(II) Subsection (5)(b)(ii)(C)(I) does not apply in circumstances where a delay in the
                  prescribed or recommended medical treatment may result in death, permanent loss of a body
                  function, or significant physical or mental impairment of the minor; and]
                      [(III) for purposes of this Subsection (5)(b)(ii)(C), if the division has reason to believe that
                  an individual is making medical recommendations concerning the administration of medication, and
                  the individual is not licensed as a health care provider, as defined in Section 78-14-3 , the division
                  may report that individual to the appropriate licensing authority.]
                      [(iii) (A) For purposes of Subsection (5)(b)(i)(B), "significant risk" shall be determined in
                  accordance with risk assessment tools and policies established by the division that focus on age,

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                  social factors, emotional factors, sexual factors, intellectual factors, family risk factors, and other
                  related considerations.]
                      [(B) The division shall train its child protection workers to apply the risk assessment tools
                  and policies established under Subsection (5)(b)(iii)(A).]
                      [(c) (i) The Department of Health shall:]
                      [(A) designate two persons within the Department of Health to access the licensing part of
                  the management information system; and]
                      [(B) adopt measures to:]
                      [(I) protect the security of the licensing part of the management information system; and]
                      [(II) strictly limit access to the licensing part of the management information system to those
                  designated under Subsection (5)(c)(i)(A).]
                      [(ii) Those designated under Subsection (5)(c)(i)(A) shall receive training from the
                  department with respect to:]
                      [(A) accessing the licensing part of the management information system;]
                      [(B) maintaining strict security; and]
                      [(C) the criminal provisions in Section 62A-4a-412 for the improper release of information.]
                      [(iii) Those designated under Subsection (5)(c)(i)(A):]
                      [(A) are the only ones in the Department of Health with the authority to access the licensing
                  part of the management information system; and]
                      [(B) may only access the licensing part of the management information system in accordance
                  with the provisions of Subsection (5)(a)(ii).]
                      [(iv) The Department of Health may obtain information in the possession of the division that
                  relates to a substantiated finding of abuse or neglect of a person screened under this Subsection
                  (5)(c).]
                      [(d) (i) Information in the licensing part of the management information system is
                  confidential and may only be used or disclosed as specifically provided in this section, Section
                  62A-2-121 , and Section 62A-4a-116.5 .]
                      [(ii) No person, unless listed in Subsection (5)(a)(ii), may request another person to obtain

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                  or release a report or any other information in the possession of the division obtained as a result of
                  the report that is available under Subsection (5)(a)(ii)(A)(III) to screen for potential perpetrators of
                  child abuse or neglect.]
                      [(iii) A person who requests information knowing that it is a violation of Subsection
                  (5)(d)(ii) to do so is subject to the criminal penalty in Section 62A-4a-412 .]
                      [(6) All] (5) Except as provided in Subsection (6) regarding contract providers and Section
                  62A-4a-116.2 regarding limited access to the Licensing Information System, all information
                  contained in the division's Management Information System [shall be] is available to the department,
                  upon the approval of the executive director, on a need-to-know basis.
                      [(7)] (6) (a) The division may allow its contract providers to have limited access to the
                  Management Information System. [ The division shall limit that] A division contract provider has
                  access only to information about persons who are currently receiving services from [the] that specific
                  contract provider.
                      (b) Each contract provider who requests access to information contained in the Management
                  Information System shall:
                      (i) take all necessary precautions to safeguard the security of the information contained in
                  the Management Information System;
                      (ii) train its employees regarding requirements for [confidentiality] protecting the
                  information contained in the Management Information System as required by this chapter and under
                  Title 63, Chapter 2, Government Records Access and Management Act, and the criminal penalties
                  under Sections 62A-4a-412 and 63-2-801 for improper release of information; and
                      (iii) monitor its employees to ensure that they [comply with the confidentiality requirements
                  related to the Management Information System] protect the information contained in the
                  Management Information System as required by law.
                      (c) The division shall take reasonable precautions to ensure that its contract providers [are
                  complying] comply with the requirements of this Subsection [(7)(b)] (6).
                      [(8)] (7) The division shall take all necessary precautions, including password protection and
                  other appropriate and available technological techniques, to prevent unauthorized access to [the] or

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                  release of information contained in the Management Information System.
                      [(9) (a) The division shall send a certified letter to a person who submitted a report of child
                  abuse or neglect that is put onto any part of the management information system if the division
                  determines, at the conclusion of its investigation, that:]
                      [(i) the report is false;]
                      [(ii) it is more likely than not that the person knew that the report was false at the time the
                  person submitted the report; and]
                      [(iii) the person's address is known or reasonably available.]
                      [(b) The letter shall inform the person of:]
                      [(i) the determination made under Subsection (9)(a);]
                      [(ii) the penalty for submitting false information under Section 76-8-506 and other applicable
                  laws;]
                      [(iii) the obligation of the division to inform law enforcement and the alleged perpetrator:]
                      [(A) in the present instance if an immediate referral is justified by the facts; or]
                      [(B) if the person submits a subsequent false report involving the same alleged perpetrator
                  or victim.]
                      [(c) (i) The division may inform law enforcement and the alleged perpetrator of a report for
                  which a letter is required to be sent under Subsection (9)(a) if an immediate referral is justified by
                  the facts.]
                      [(ii) The division shall inform law enforcement and the alleged perpetrator of a report for
                  which a letter is required to be sent under Subsection (9)(a) if this is the second letter sent to the
                  person involving the same alleged perpetrator or victim.]
                      [(iii) The division shall determine, in consultation with law enforcement:]
                      [(A) the information to be given to an alleged perpetrator about a false claim; and]
                      [(B) whether good cause exists, as defined by rule, for not informing an alleged perpetrator
                  about a false claim.]
                      [(d) Nothing in this Subsection (9) may be construed as requiring the division to conduct an
                  investigation, beyond what is required in Subsection (9)(a), to determine whether or not a report is

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                  false.]
                      Section 7. Section 62A-4a-116.1 is enacted to read:
                      62A-4a-116.1. Supported finding of severe types of abuse or neglect -- Notation in
                  Licensing Information System -- Juvenile court petition or notice to alleged perpetrator --
                  Rights of alleged perpetrator -- Juvenile court finding.
                      (1) If the division makes a supported finding of one or more of the severe types of child
                  abuse or neglect described in Subsection (2), the division shall:
                      (a) enter into the Licensing Information System created in Section 62A-4a-116.2 the name
                  and other identifying information of the perpetrator with the supported finding, without identifying
                  the person as a perpetrator or alleged perpetrator, and a notation to the effect that an investigation
                  regarding the person is pending; and
                      (b) (i) if the division considers it advisable, file a petition with the juvenile court under
                  Section 78-3a-305 regarding the supported finding of abuse or neglect; or
                      (ii) if the division does not file a petition under Subsection (1)(b)(i), cause the notice
                  described in Subsection (5) to be served on the alleged perpetrator.
                      (2) Except as otherwise provided in Subsection (3), the severe types of child abuse or neglect
                  referred to in Subsection (1) are as follows:
                      (a) if committed by a person 18 years of age or older:
                      (i) severe or chronic physical abuse;
                      (ii) sexual abuse;
                      (iii) sexual exploitation;
                      (iv) abandonment;
                      (v) medical neglect resulting in death, disability, or serious illness;
                      (vi) chronic or severe neglect; or
                      (vii) chronic or severe emotional abuse; or
                      (b) if committed by a person under the age of 18:
                      (i) serious physical injury, as defined in Subsection 76-5-109 (1)(d), to another child which
                  indicates a significant risk to other children; or

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                      (ii) sexual behavior with or upon another child which indicates a significant risk to other
                  children.
                      (3) Severe child abuse or neglect in Subsection (2) does not include:
                      (a) the use of reasonable and necessary physical restraint or force by an educator in
                  accordance with Subsection 53A-11-802 (2) or Section 76-2-401 ; or
                      (b) a person's conduct that:
                      (i) is justified under Section 76-2-401 ; or
                      (ii) constitutes the use of reasonable and necessary physical restraint or force in self-defense
                  or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous
                  object in the possession or under the control of a child or to protect the child or another person from
                  physical injury.
                      (4) (a) For purposes of Subsection (2)(b), "significant risk" shall be determined in
                  accordance with risk assessment tools and policies established by the division that focus on age,
                  social factors, emotional factors, sexual factors, intellectual factors, family risk factors, and other
                  related considerations.
                      (b) The division shall train its child protection workers to apply the risk assessment tools and
                  policies established under Subsection (4)(a).
                      (5) The notice referred to in Subsection (1)(b)(ii) shall state that:
                      (a) the division has conducted an investigation regarding alleged child abuse or neglect;
                      (b) the division has made a supported finding of one of the severe types of child abuse or
                  neglect described in Subsection (2);
                      (c) facts gathered by the division support the supported finding;
                      (d) as a result of the supported finding, the alleged perpetrator's name and other identifying
                  information have been listed in the Licensing Information System in accordance with Subsection
                  (1)(a);
                      (e) the alleged perpetrator may be disqualified from adopting a child or being licensed by:
                      (i) the department;
                      (ii) a human services licensee;

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                      (iii) a child care provider or program; and
                      (iv) a covered health care facility;
                      (f) the alleged perpetrator has the rights described in Subsection (6); and
                      (g) failure to take either action described in Subsection (6)(a) within one year after service
                  of the notice will result in the action described in Subsection (6)(b).
                      (6) (a) Upon receipt of the notice described in Subsection (5), the alleged perpetrator shall
                  have the right to:
                      (i) petition the juvenile court to hold an evidentiary hearing to determine whether the alleged
                  perpetrator's name and other information related to the alleged incident of abuse or neglect should
                  be removed from the Licensing Information System; or
                      (ii) sign a written consent to the supported finding and entry of the alleged perpetrator's name
                  and other information regarding the supported finding of abuse or neglect into the Licensing
                  Information System.
                      (b) If the alleged perpetrator fails to take either action described in Subsection (6)(a) within
                  one year after service of the notice described in Subsection (5), the alleged perpetrator's name and
                  the notation described in Subsection (1)(a) shall remain in the Licensing Information System. This
                  information shall also remain in the Licensing Information System while the division awaits a
                  response from the alleged perpetrator pursuant to Subsection (6)(a) and during the pendency of any
                  proceeding, including an appeal of a finding of unsubstantiated or without merit, under Section
                  78-3a-320 .
                      (c) The alleged perpetrator shall have no right to petition the juvenile court under Subsection
                  (6)(b) if the court has previously held a hearing on the same alleged incident of abuse or neglect
                  pursuant to the filing of a petition under Section 78-3a-305 by some other party.
                      (d) Consent under Subsection (6)(a)(ii) by a minor shall be given by the minor's parent or
                  guardian.
                      (7) Upon the filing of a petition under Subsection (1)(b)(i), the juvenile court shall make a
                  finding of substantiated, unsubstantiated, or without merit as provided in Subsections 78-3a-320 (1)
                  and (2).

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                      (8) Service of the notice under Subsections (1)(b)(ii) and (5):
                      (a) shall be personal service in accordance with Rule 4 of the Utah Rules of Civil Procedure;
                  and
                      (b) does not preclude civil or criminal action against the alleged perpetrator.
                      Section 8. Section 62A-4a-116.2 is enacted to read:
                      62A-4a-116.2. Licensing Information System -- Contents -- Juvenile court finding --
                  Protected record -- Access -- Criminal penalty.
                      (1) The division shall maintain a sub-part of the Management Information System
                  established pursuant to Section 62A-4a-116 , to be known as the Licensing Information System, to
                  be used solely for licensing purposes. The Licensing Information System shall include only the
                  following information:
                      (a) the information described in Subsections 62A-4a-116.1 (1)(a) and (6)(b);
                      (b) consented-to supported findings by alleged perpetrators under Subsection
                  62A-4a-116.1 (6)(a)(ii); and
                      (c) the information in the licensing part of the division's Management Information System
                  as of May 6, 2002.
                      (2) The division shall promptly remove from the Licensing Information System all
                  information with respect to a finding upon receipt of notice that a juvenile court has made a finding
                  under Section 78-3a-320 . However, if a juvenile court finding of unsubstantiated or without merit
                  is appealed, the information shall remain in the Licensing Information System until the appeal is
                  concluded.
                      (3) Information contained in the Licensing Information System is classified as a protected
                  record under Title 63, Chapter 2, Government Records Access and Management Act.
                  Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government Records Access and
                  Management Act, the information contained in the Licensing Information System may only be used
                  or disclosed as specifically provided in this chapter and Section 62A-2-121 and is accessible only
                  to:
                      (a) the Office of Licensing within the department, for licensing purposes only;

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                      (b) the division, for the following purposes:
                      (i) to screen a person at the request of the Office of the Guardian Ad Litem Director, at the
                  time that person seeks a paid or voluntary position with the Office of the Guardian Ad Litem
                  Director and each year thereafter that the person remains with that office; and
                      (ii) to respond to a request for information from a person whose name is listed in the
                  Licensing Information System;
                      (c) two persons designated by and within the Department of Health, only for the following
                  purposes:
                      (i) licensing a child care program or provider; or
                      (ii) determining whether a person associated with a covered health care facility, as defined
                  by the Department of Health by rule, who provides direct care to a child, has a supported finding of
                  severe child abuse or neglect; and
                      (d) the department, as specifically provided in this chapter.
                      (4) The two persons designated by the Department of Health under Subsection (3)(c) shall
                  adopt measures to:
                      (a) protect the security of the Licensing Information System; and
                      (b) strictly limit access to the Licensing Information System to those persons designated by
                  statute.
                      (5) All persons designated by statute as having access to information contained in the
                  Licensing Information System shall receive training from the department with respect to:
                      (a) accessing the Licensing Information System;
                      (b) maintaining strict security; and
                      (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the improper
                  release of information.
                      (6) No person, except those authorized by this chapter, may request another person to obtain
                  or release any other information in the Licensing Information System to screen for potential
                  perpetrators of child abuse or neglect. A person who requests information knowing that it is a
                  violation of this Subsection (6) to do so is subject to the criminal penalty described in Sections

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                  62A-4a-412 and 63-2-801 .
                      Section 9. Section 62A-4a-116.3 is enacted to read:
                      62A-4a-116.3. False reports -- Penalties.
                      (1) The division shall send a certified letter to any person who submits a report of child
                  abuse or neglect that is placed into or included in any part of the Management Information System,
                  if the division determines, at the conclusion of its investigation, that:
                      (a) the report is false;
                      (b) it is more likely than not that the person knew the report was false at the time that person
                  submitted the report; and
                      (c) the reporting person's address is known or reasonably available.
                      (2) The letter shall inform the reporting person of:
                      (a) the division's determination made under Subsection (1);
                      (b) the penalty for submitting false information under Section 76-8-506 and other applicable
                  laws; and
                      (c) the obligation of the division to inform law enforcement and the person alleged to have
                  committed abuse or neglect:
                      (i) in the present instance if law enforcement considers an immediate referral of the reporting
                  person to law enforcement to be justified by the facts; or
                      (ii) if the reporting person submits a subsequent false report involving the same alleged
                  perpetrator or victim.
                      (3) The division may inform law enforcement and the alleged perpetrator of a report for
                  which a letter is required to be sent under Subsection (1), if an immediate referral is justified by the
                  facts.
                      (4) The division shall inform law enforcement and the alleged perpetrator of a report for
                  which a letter is required to be sent under Subsection (1) if a second letter is sent to the reporting
                  person involving the same alleged perpetrator or victim.
                      (5) The division shall determine, in consultation with law enforcement:
                      (a) what information should be given to an alleged perpetrator relating to a false report; and

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                      (b) whether good cause exists, as defined by the division by rule, for not informing an
                  alleged perpetrator about a false report.
                      (6) Nothing in this section may be construed as requiring the division to conduct an
                  investigation beyond what is described in Subsection (1), to determine whether or not a report is
                  false.
                      Section 10. Section 62A-4a-116.4 is enacted to read:
                      62A-4a-116.4. Timeframes for deletion of specified information or reports.
                      (1) Unless the executive director determines that there is good cause for keeping a report of
                  abuse or neglect in the Management Information System, based on standards established by rule, the
                  division shall delete any reference to:
                      (a) a report that is without merit, if no subsequent report involving the same alleged
                  perpetrator has occurred within one year; or
                      (b) a report that has been determined by a court of competent jurisdiction to be
                  unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator has
                  occurred within five years.
                      (2) (a) The division shall maintain a separation of reports as follows:
                      (i) those that are supported;
                      (ii) those that are unsupported;
                      (iii) those that are without merit;
                      (iv) those that are unsubstantiated under the law in effect prior to May 6, 2002;
                      (v) those that are substantiated under the law in effect prior to May 6, 2002; and
                      (vi) those that are consented-to supported findings under Subsection 62A-4a-116.1 (6)(a)(ii).
                      (b) Only persons with statutory authority have access to information contained in any of the
                  reports identified in Subsection (2)(a).
                      Section 11. Section 62A-4a-116.5 is amended to read:
                       62A-4a-116.5. Notice and opportunity to challenge supported finding in Management
                  Information System -- Right of judicial review.
                      (1) (a) [The] Except as provided in Subsection (2), the division shall send a notice of agency

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                  action to a person [if] with respect to whom the division [finds, at the conclusion of an investigation,
                  that, in the opinion of the division, there is a reasonable basis to conclude that the person committed
                  abuse or neglect listed in Subsection 62A-4a-116 (5)(b)(i). In the event that the person] makes a
                  supported finding. In addition, if the alleged perpetrator is under the age of 18, the division shall:
                      (i) make reasonable efforts to identify the [person's] alleged perpetrator's parent or [legal]
                  guardian; and
                      (ii) send a notice to each parent or [legal] guardian identified under Subsection (1)(a)(i) that
                  lives at a different address, unless there is good cause, as defined by rule, for not sending a notice
                  to a parent or [legal] guardian.
                      [(b) For purposes of this section only, which governs the right of a person to challenge the
                  division's initial finding or opinion of abuse or neglect as it pertains to the licensing part of the
                  management information system, the division shall refer to a finding under Subsection (1)(a) as a
                  "finding" or an "initial finding" of abuse or neglect when notifying or explaining a notification to a
                  person.]
                      [(c)] (b) Nothing in this section may be construed as affecting:
                      (i) the manner in which the division conducts an investigation; or
                      (ii) the use or effect, in any other setting, of[: (A) an initial division finding or substantiation
                  of child abuse or neglect] a supported finding by the division at the completion of an investigation
                  for any purpose other than for notification under Subsection (1)(b)[; or].
                      [(B) the term "substantiated" as used in any other provision of the code.]
                      (2) Subsection (1) does not apply to a person who has been served with notice under
                  Subsection 62A-4a-116.1 (1)(b)(ii).
                      [(2)] (3) The notice described in Subsection (1) shall state:
                      (a) that the division has conducted an investigation regarding alleged child abuse, neglect,
                  or dependency;
                      (b) that the division [found, at the conclusion of the investigation, that there was, in the
                  opinion of the division, a reasonable basis to conclude that] has made a supported finding of abuse
                  [or], neglect [occurred], or dependency;

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                      (c) [the] that facts [that] gathered by the division support the supported finding;
                      [(d) that the person may be disqualified from adopting a child or working for or being
                  licensed by:]
                      [(i) the department;]
                      [(ii) a human services licensee;]
                      [(iii) a child care provider or program; and]
                      [(iv) a covered health care facility;]
                      [(e)] (d) that the person has the right to request:
                      (i) a copy of the report; and
                      (ii) an opportunity to challenge the [finding and its inclusion on the licensing part of the
                  management information system described in Subsection 62A-4a-116 (5), except as provided in
                  Subsection (5)(b); and] supported finding by the division; and
                      [(f)] (e) that failure to request an opportunity to challenge the supported finding within 30
                  days of receiving the notice [being received] will result in an unappealable supported finding [of
                  substantiation] of child abuse [or], neglect, or dependency unless the person can show good cause
                  for why compliance within the 30-day requirement was virtually impossible or unreasonably
                  burdensome.
                      [(3)] (4) (a) A person may make a request to challenge a supported finding within 30 days
                  of[: (i)] a notice being received under [Subsection (2);] this section.
                      [(ii) a finding by a court of competent jurisdiction based on the same underlying facts that:]
                      [(A) child abuse or neglect, as described in Subsection 62A-4a-116 (5)(b), did not occur; or]
                      [(B) the person was not responsible for the child abuse or neglect that did occur; or]
                      [(iii) the dismissal of criminal charges or a verdict of not guilty based on the same                   underlying
                  facts.]
                      [(b) The 30-day requirement of Subsection (3)(a) shall be extended for good cause shown
                  that compliance was virtually impossible or unreasonably burdensome.]
                      [(c) The division may approve or deny a request made under Subsection (3)(a).]
                      [(d)] (b) [If the division denies the request or fails to act within 30 days after receiving a

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                  request submitted under] Upon receipt of a request under Subsection [(3)] (4)(a), the Office of
                  Administrative Hearings shall hold an adjudicative proceeding pursuant to Title 63, Chapter 46b,
                  Administrative Procedures Act.
                      [(4)] (5) (a) In an adjudicative proceeding held pursuant to [Subsection (3)(d)] this section,
                  the division shall [prove] have the burden of proving, by a preponderance of the evidence, that there
                  is a reasonable basis to conclude that[:(i)] child abuse [or], neglect, [as described in Subsection
                  62A-4a-116 (5)(b), occurred; and (ii) the person] or dependency occurred and that the alleged
                  perpetrator was substantially responsible for the abuse or neglect that occurred.
                      [(b) The administrative hearing officer may make a determination of substantiation based
                  solely on the out-of-court statement of the child that the officer finds to be reliable under the
                  standards set forth in:]
                      [(i) Section 76-5-411 ;]
                      [(ii) Utah Rules of Criminal Procedure, Rule 15.5;]
                      [(iii) Section 78-3a-116 (5);]
                      [(iv) the Utah Rules of Evidence; or]
                      [(v) Utah case law.]
                      (b) Any party shall have the right of judicial review of final agency action, in accordance
                  with Title 63, Chapter 46b, Administrative Procedures Act.
                      [(5) (a) Except as provided in Subsection (5)(b), a person may not make a request to
                  challenge a finding under Subsection (3)(a), if, at any time, a court of competent jurisdiction has
                  made a determination based on the same underlying facts that:]
                      [(i) child abuse or neglect, as described in Subsection 62A-4a-116 (5)(b), occurred;]
                      [(ii) the person was substantially responsible for the abuse or neglect that occurred; and]
                      [(iii) the person:]
                      [(A) was a party to the proceeding; or]
                      [(B) (I) had notice of the proceeding; and]
                      [(II) was provided a meaningful opportunity to challenge the facts underlying the court's
                  determination.]

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                      [(b) The division shall remove a person's name from the database unless the division
                  provides new notice under Subsection (1)(a) and an opportunity to be heard under Subsection (3)(a)
                  when the court of competent jurisdiction:]
                      [(i) enters a finding of not guilty;]
                      [(ii) dismisses the information or indictment after compliance with the requirements of a
                  diversion agreement under Section 77-2-6 ; or]
                      [(iii) dismisses the case or withdraws a plea under Section 77-2a-3 after the completion of
                  a plea in abeyance agreement following a plea of no contest.]
                      [(c) An adjudicative proceeding held pursuant to Subsection (4) may be stayed during the
                  time a judicial action is pending.]
                      [(6) Nothing in this section may affect the inclusion or exclusion of a report or finding of
                  child abuse or neglect from or access by the division, its caseworkers, and child protective services
                  workers to that part of the Management Information System used for purposes of child welfare cases
                  and child protective services as described in Subsections 62A-4a-116 (2) and (3).]
                      [(7) By December 31, 1998, the division shall provide notice to each person with a finding
                  of abuse or neglect since January 1, 1994.]
                      [(8) A person who, after receiving notice, fails to challenge a finding of child abuse or
                  neglect may request the opportunity to challenge the finding under this section:]
                      [(a) if since the time that the person received notice, state law has been amended to permit
                  a broader use of or access to information on the licensing part of the Management Information
                  System; and]
                      [(b) before the finding may be used against the person in connection with the broader use
                  or access.]
                      (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving
                  notice, fails to challenge a supported finding in accordance with this section, may not further
                  challenge the finding and shall have no right to agency review or to an adjudicative hearing or
                  judicial review of the finding.
                      (7) (a) An alleged perpetrator may not make a request under Subsection (4) to challenge a

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                  supported finding if a court of competent jurisdiction has made a determination, in a proceeding in
                  which the alleged perpetrator was a party, that the alleged perpetrator is substantially responsible for
                  the abuse, neglect, or dependency which was also the subject of the supported finding.
                      (b) An adjudicative proceeding under Subsection (5) may be stayed during the time a judicial
                  action on the same matter is pending.
                      Section 12. Section 62A-4a-116.6 is enacted to read:
                      62A-4a-116.6. Notice and opportunity for court hearing for persons listed in Licensing
                  Information System.
                      (1) The division shall send a notice described in Subsection (2) to each person whose name
                  is on the Licensing Information System as of May 6, 2002 but who has not been the subject of any
                  of the following court determinations with respect to the alleged incident of abuse or neglect:
                      (a) conviction;
                      (b) adjudication under Title 78, Chapter 3a, Juvenile Courts;
                      (c) plea of guilty;
                      (d) plea of guilty and mentally ill; or
                      (e) no contest.
                      (2) The notice described in Subsection (1) shall advise the person:
                      (a) that the person has the right to request a hearing in the juvenile court; and
                      (b) of the procedures to be followed in petitioning for a hearing.
                      (3) The juvenile court shall act on the petition as provided in Subsection 78-3a-320 (3).
                      (4) After the division receives notice that the juvenile court has made a finding under Section
                  78-3a-320 , the division shall promptly remove from the Licensing Information System all
                  information with respect to the alleged incident of abuse or neglect which was the subject of the
                  court determination. However, if a finding of unsubstantiated or without merit is appealed, the
                  information shall remain in the Licensing Information System until the appeals process is concluded.
                      Section 13. Section 62A-4a-202.7 is amended to read:
                       62A-4a-202.7. Pilot program for differentiated responses to child abuse and neglect
                  reports.

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                      (1) (a) Before July 1, 2000, the executive director shall select no less than one and no more
                  than three regions within the division to establish a pilot program that complies with the provisions
                  of this section.
                      (b) After July 1, 2001, the executive director may add one region, in addition to those
                  selected under Subsection (1)(a), to the pilot program every four months.
                      (2) This section shall be repealed in accordance with Section 63-55-262 .
                      (3) (a) This section applies only to:
                      (i) those regions that have been selected under Subsection (1) to participate in this pilot
                  program; and
                      (ii) the response of the division to reports of child abuse or neglect in the participating
                  regions.
                      (b) Except as provided in Subsection (3)(a), nothing in this section may be construed as:
                      (i) superceding or otherwise altering the provisions of this chapter or Title 78, Chapter 3a,
                  Part 3, Abuse, Neglect, and Dependency Proceedings; or
                      (ii) as restricting the ability of the division to provide services, remove the child, or
                  otherwise proceed in accordance with this chapter and Title 78, Chapter 3a, Part 3, Abuse, Neglect,
                  and Dependency Hearings.
                      (4) Within each region selected, the division shall establish a process that classifies reports
                  of child abuse and neglect into one of the following three categories:
                      (a) accepted for an investigation;
                      (b) accepted for a family assessment; and
                      (c) not accepted.
                      (5) The division may only initiate contact with a family member in connection with a report
                  if the report has been officially accepted by the division for investigation or family assessment in
                  accordance with this section.
                      (6) (a) Except as provided in Subsection (7), a report shall be accepted for an investigation
                  if:
                      (i) required by Section 62A-4a-409 ; or

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                      (ii) three prior reports involving the same family have been accepted by the division for
                  either an investigation or a family assessment.
                      (b) Except as provided in Subsection (6)(c), the division shall conduct an investigation of
                  a report accepted pursuant to Subsection (6)(a) in accordance with Section 62A-4a-409 .
                      (c) The division may refer a case for a family assessment if at any time during the
                  investigation, the division determines that:
                      (i) the case is limited to a form of abuse or neglect listed in Subsection (7); or
                      (ii) (A) the harm to the child is minor; and
                      (B) the family indicates a willingness to participate in a family assessment.
                      (d) The division shall conduct an investigation anytime that it receives a report accepted for
                  investigation under this Subsection (6), even if:
                      (i) the report also includes allegations that would qualify for a family assessment under
                  Subsection (7); or
                      (ii) a second report is received before the investigation has occurred that would qualify for
                  a family assessment under Subsection (7).
                      (7) A report shall be accepted for a family assessment if there is a reasonable basis to suspect
                  that:
                      (a) the child is ungovernable; or
                      (b) one or more of the following has occurred:
                      (i) neglect involving a verbal child who is six years of age or older that is not serious or
                  chronic;
                      (ii) lack of proper supervision of a child;
                      (iii) domestic violence outside of a child's presence;
                      (iv) the receipt of three unaccepted reports involving the same family;
                      (v) a parent and child conflict indicating a significant breakdown in the parent-child
                  relationship and the need for direct intervention to prevent a foreseeable risk of violence or abuse;
                  or
                      (vi) educational neglect.

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                      (8) The purpose of a family assessment is to:
                      (a) ensure that the child is safe;
                      (b) seek the cooperation of the family in learning about and participating in state and
                  community services; and
                      (c) determine with the family whether the family could benefit from division or community
                  services in view of the specific strengths, challenges, available resources, and needs of the family.
                      (9) (a) The division shall visit the child's home within three working days to begin a family
                  assessment for a report accepted pursuant to Subsection (7).
                      (b) In accordance with Subsection (8), the division shall seek the cooperation of the family
                  in participating in a family assessment.
                      (c) If the family declines to participate in a family assessment at the initial point of contact,
                  the division shall, by virtue of the fact that a report was accepted pursuant to Subsection (7):
                      (i) complete the family assessment components provided in Subsection (10); and
                      (ii) initiate an investigation if there is evidence of abuse or neglect for which an investigation
                  is required under Subsection (6).
                      (10) A family assessment shall consist of the following components:
                      (a) an analysis of the circumstances resulting in the report;
                      (b) a risk assessment designed to ensure the child's safety;
                      (c) a thorough review of the division's records of prior involvement with the family; and
                      (d) speaking face-to-face with the child, which may be conducted outside of the presence
                  of others if the division believes that it is necessary and appropriate under the circumstances.
                      (11) (a) A family assessment may include additional information from the family as may be
                  needed and that the family is willing to provide to better understand the family's strengths,
                  challenges, available resources, and needs.
                      (b) In requesting information under Subsection (11)(a), the division shall explain to the
                  family how it intends to use the information it collects.
                      (c) In performing a family assessment, the division shall inform the family orally or in
                  writing before the division contacts persons who are not immediate family members.

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                      (12) (a) The division shall initiate an investigation if it determines during the course of a
                  family assessment that an investigation is required under Subsection (6).
                      (b) A family assessment may be discontinued if after completing the family assessment
                  components the division determines that:
                      (i) the circumstances do not warrant further involvement; or
                      (ii) the family requests the discontinuation of the assessment.
                      (13) The division may perform a family assessment for a family that requests one, even if
                  a report has not been accepted for a family assessment.
                      (14) A family assessment shall be completed within 30 days of the initial contact with the
                  family.
                      (15) (a) With respect to information acquired from a family assessment, the division may
                  only record the family assessment components described in Subsection (10) onto the Management
                  Information System described in [Subsection] Section 62A-4a-116 [(2)].
                      (b) Nothing in Subsection (15)(a) may be construed as limiting the information that may be
                  recorded onto the management information system as a result of:
                      (i) a report of child abuse or neglect;
                      (ii) an investigation;
                      (iii) division services provided to the family; or
                      (iv) any other division involvement with the family apart from the family assessment.
                      (16) All references to a report accepted for a family assessment shall be deleted from the
                  management information system after five years unless:
                      (a) the executive director determines that there is good cause for keeping the report on the
                  management information system based on standards established by rule; or
                      (b) a subsequent report involving the same alleged initiator has occurred within that five-year
                  period.
                      (17) In connection with this pilot program, the division shall:
                      (a) standardize the key elements of the program;
                      (b) adequately train division employees to:

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                      (i) process and classify incoming reports;
                      (ii) perform family assessments; and
                      (iii) conduct investigations;
                      (c) work within the FACT initiative to identify community partnerships to facilitate delivery
                  of services based on family assessments;
                      (d) establish quality assurance panels to review no less than twice each month the
                  appropriateness of classifying reports as unaccepted;
                      (e) consider the feasibility and, if appropriate, implementation of a system that:
                      (i) directs incoming reports of child abuse and neglect to a central location; and
                      (ii) sends reports from the central location to the appropriate regional offices for a
                  determination of whether, applying the provisions of this section, a particular report should be
                  accepted for investigation, accepted for a family assessment, or not accepted;
                      (f) contract before July 1, 2001, with an independent entity pursuant to Title 63, Chapter 56,
                  Utah Procurement Code, to evaluate the outcomes of the pilot program with respect to:
                      (i) the safety of children;
                      (ii) the needs and perspectives of families;
                      (iii) the recurrence of child abuse and neglect;
                      (iv) the perspectives of child welfare and community partners;
                      (v) the perspectives of division employees; and
                      (vi) other areas identified by the division;
                      (g) send a copy of any written report by the independent evaluator to the Child Welfare
                  Legislative Oversight Panel within 30 days of receipt; and
                      (h) send a written report to the Child Welfare Legislative Oversight Panel 30 days before a
                  region is added to the pilot program pursuant to Subsection (1)(b), identifying:
                      (i) the overall status of the pilot program; and
                      (ii) the reasons supporting the executive director's decision to expand the pilot program to
                  the region selected.
                      Section 14. Section 62A-4a-412 is amended to read:

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                       62A-4a-412. Reports and information confidential.
                      (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as well
                  as any other information in the possession of the division obtained as the result of a report [is
                  confidential and] are private, protected, or controlled records under Title 63, Chapter 2, Government
                  Records Access and Management Act, and may only be made available to:
                      (a) a police or law enforcement agency investigating a report of known or suspected child
                  abuse or neglect;
                      (b) a physician who reasonably believes that a child may be the subject of abuse or neglect;
                      (c) an agency that has responsibility or authority to care for, treat, or supervise a child who
                  is the subject of a report;
                      (d) a contract provider that has a written contract with the division to render services to a
                  child who is the subject of a report;
                      (e) any subject of the report, the natural parents of the minor, and the guardian ad litem;
                      (f) a court, upon a finding that access to the records may be necessary for the determination
                  of an issue before it, provided that in a divorce, custody, or related proceeding between private
                  parties, the record alone is:
                      (i) limited to objective or undisputed facts that were verified at the time of the investigation;
                  and
                      (ii) devoid of conclusions drawn by the division or any of its workers on the ultimate issue
                  of whether or not a person's acts or omissions constituted any level of abuse or neglect of another
                  person;
                      (g) an office of the public prosecutor or its deputies in performing an official duty;
                      (h) a person authorized by a Children's Justice Center, for the purposes described in Section
                  67-5b-102 ;
                      (i) a person engaged in bona fide research, when approved by the director of the division,
                  if the information does not include names and addresses;
                      (j) the State Office of Education, acting on behalf of itself or on behalf of a school district,
                  for the purpose of evaluating whether an individual should be permitted to obtain or retain a license

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                  as an educator or serve as an employee or volunteer in a school, limited to information with
                  substantiated findings involving an alleged sexual offense, an alleged felony or class A misdemeanor
                  drug offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
                  the Person, and with the understanding that the office must provide the subject of a report received
                  under Subsection (1)(k) with an opportunity to respond to the report before making a decision
                  concerning licensure or employment; and
                      (k) any person identified in the report as a perpetrator or possible perpetrator of child abuse
                  or neglect, after being advised of the screening prohibition in Subsection (2).
                      (2) (a) No person, unless listed in Subsection (1), may request another person to obtain or
                  release a report or any other information in the possession of the division obtained as a result of the
                  report that is available under Subsection (1)(k) to screen for potential perpetrators of child abuse or
                  neglect.
                      (b) A person who requests information knowing that it is a violation of Subsection (2)(a) to
                  do so is subject to the criminal penalty in Subsection (4).
                      (3) Except as provided in [Subsection 62A-4a-116 (9)(c)] Section 62A-4a-116.3 , the division
                  and law enforcement officials shall ensure the anonymity of the person or persons making the initial
                  report and any others involved in its subsequent investigation.
                      (4) Any person who wilfully permits, or aides and abets the release of data or information
                  obtained as a result of this part, in the possession of the division or contained on any part of the
                  Management Information System, in violation of this part or [Section] Sections 62A-4a-116 through
                  62A-4a-116.3 , is guilty of a class C misdemeanor.
                      (5) The physician-patient privilege is not a ground for excluding evidence regarding a child's
                  injuries or the cause of those injuries, in any proceeding resulting from a report made in good faith
                  pursuant to this part.
                      Section 15. Section 63-2-304 is amended to read:
                       63-2-304. Protected records.
                      The following records are protected if properly classified by a governmental entity:
                      (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has

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                  provided the governmental entity with the information specified in Section 63-2-308 ;
                      (2) commercial information or nonindividual financial information obtained from a person
                  if:
                      (a) disclosure of the information could reasonably be expected to result in unfair competitive
                  injury to the person submitting the information or would impair the ability of the governmental entity
                  to obtain necessary information in the future;
                      (b) the person submitting the information has a greater interest in prohibiting access than the
                  public in obtaining access; and
                      (c) the person submitting the information has provided the governmental entity with the
                  information specified in Section 63-2-308 ;
                      (3) commercial or financial information acquired or prepared by a governmental entity to
                  the extent that disclosure would lead to financial speculations in currencies, securities, or
                  commodities that will interfere with a planned transaction by the governmental entity or cause
                  substantial financial injury to the governmental entity or state economy;
                      (4) records the disclosure of which could cause commercial injury to, or confer a competitive
                  advantage upon a potential or actual competitor of, a commercial project entity as defined in
                  Subsection 11-13-3 (3);
                      (5) test questions and answers to be used in future license, certification, registration,
                  employment, or academic examinations;
                      (6) records the disclosure of which would impair governmental procurement proceedings
                  or give an unfair advantage to any person proposing to enter into a contract or agreement with a
                  governmental entity, except that this subsection does not restrict the right of a person to see bids
                  submitted to or by a governmental entity after bidding has closed;
                      (7) records that would identify real property or the appraisal or estimated value of real or
                  personal property, including intellectual property, under consideration for public acquisition before
                  any rights to the property are acquired unless:
                      (a) public interest in obtaining access to the information outweighs the governmental entity's
                  need to acquire the property on the best terms possible;

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                      (b) the information has already been disclosed to persons not employed by or under a duty
                  of confidentiality to the entity;
                      (c) in the case of records that would identify property, potential sellers of the described
                  property have already learned of the governmental entity's plans to acquire the property; or
                      (d) in the case of records that would identify the appraisal or estimated value of property,
                  the potential sellers have already learned of the governmental entity's estimated value of the property;
                      (8) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
                  transaction of real or personal property including intellectual property, which, if disclosed prior to
                  completion of the transaction, would reveal the appraisal or estimated value of the subject property,
                  unless:
                      (a) the public interest in access outweighs the interests in restricting access, including the
                  governmental entity's interest in maximizing the financial benefit of the transaction; or
                      (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the
                  value of the subject property have already been disclosed to persons not employed by or under a duty
                  of confidentiality to the entity;
                      (9) records created or maintained for civil, criminal, or administrative enforcement purposes
                  or audit purposes, or for discipline, licensing, certification, or registration purposes, if release of the
                  records:
                      (a) reasonably could be expected to interfere with investigations undertaken for enforcement,
                  discipline, licensing, certification, or registration purposes;
                      (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
                  proceedings;
                      (c) would create a danger of depriving a person of a right to a fair trial or impartial hearing;
                      (d) reasonably could be expected to disclose the identity of a source who is not generally
                  known outside of government and, in the case of a record compiled in the course of an investigation,
                  disclose information furnished by a source not generally known outside of government if disclosure
                  would compromise the source; or
                      (e) reasonably could be expected to disclose investigative or audit techniques, procedures,

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                  policies, or orders not generally known outside of government if disclosure would interfere with
                  enforcement or audit efforts;
                      (10) records the disclosure of which would jeopardize the life or safety of an individual;
                      (11) records the disclosure of which would jeopardize the security of governmental property,
                  governmental programs, or governmental recordkeeping systems from damage, theft, or other
                  appropriation or use contrary to law or public policy;
                      (12) records that, if disclosed, would jeopardize the security or safety of a correctional
                  facility, or records relating to incarceration, treatment, probation, or parole, that would interfere with
                  the control and supervision of an offender's incarceration, treatment, probation, or parole;
                      (13) records that, if disclosed, would reveal recommendations made to the Board of Pardons
                  and Parole by an employee of or contractor for the Department of Corrections, the Board of Pardons
                  and Parole, or the Department of Human Services that are based on the employee's or contractor's
                  supervision, diagnosis, or treatment of any person within the board's jurisdiction;
                      (14) records and audit workpapers that identify audit, collection, and operational procedures
                  and methods used by the State Tax Commission, if disclosure would interfere with audits or
                  collections;
                      (15) records of a governmental audit agency relating to an ongoing or planned audit until the
                  final audit is released;
                      (16) records prepared by or on behalf of a governmental entity solely in anticipation of
                  litigation that are not available under the rules of discovery;
                      (17) records disclosing an attorney's work product, including the mental impressions or legal
                  theories of an attorney or other representative of a governmental entity concerning litigation;
                      (18) records of communications between a governmental entity and an attorney representing,
                  retained, or employed by the governmental entity if the communications would be privileged as
                  provided in Section 78-24-8 ;
                      (19) personal files of a legislator, including personal correspondence to or from a member
                  of the Legislature, but not correspondence that gives notice of legislative action or policy;
                      (20) (a) records in the custody or control of the Office of Legislative Research and General

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                  Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation or
                  contemplated course of action before the legislator has elected to support the legislation or course
                  of action, or made the legislation or course of action public; and
                      (b) for purposes of this subsection, a "Request For Legislation" submitted to the Office of
                  Legislative Research and General Counsel is a public document unless a legislator submits the
                  "Request For Legislation" with a request that it be maintained as a protected record until such time
                  as the legislator elects to make the legislation or course of action public;
                      (21) research requests from legislators to the Office of Legislative Research and General
                  Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared in response
                  to these requests;
                      (22) drafts, unless otherwise classified as public;
                      (23) records concerning a governmental entity's strategy about collective bargaining or
                  pending litigation;
                      (24) records of investigations of loss occurrences and analyses of loss occurrences that may
                  be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured
                  Employers' Fund, or similar divisions in other governmental entities;
                      (25) records, other than personnel evaluations, that contain a personal recommendation
                  concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal
                  privacy, or disclosure is not in the public interest;
                      (26) records that reveal the location of historic, prehistoric, paleontological, or biological
                  resources that if known would jeopardize the security of those resources or of valuable historic,
                  scientific, educational, or cultural information;
                      (27) records of independent state agencies if the disclosure of the records would conflict with
                  the fiduciary obligations of the agency;
                      (28) records of a public institution of higher education regarding tenure evaluations,
                  appointments, applications for admissions, retention decisions, and promotions, which could be
                  properly discussed in a meeting closed in accordance with Title 52, Chapter 4, Open and Public
                  Meetings, provided that records of the final decisions about tenure, appointments, retention,

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                  promotions, or those students admitted, may not be classified as protected under this section;
                      (29) records of the governor's office, including budget recommendations, legislative
                  proposals, and policy statements, that if disclosed would reveal the governor's contemplated policies
                  or contemplated courses of action before the governor has implemented or rejected those policies
                  or courses of action or made them public;
                      (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
                  revenue estimates, and fiscal notes of proposed legislation before issuance of the final
                  recommendations in these areas;
                      (31) records provided by the United States or by a government entity outside the state that
                  are given to the governmental entity with a requirement that they be managed as protected records
                  if the providing entity certifies that the record would not be subject to public disclosure if retained
                  by it;
                      (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
                  except as provided in Section 52-4-7 ;
                      (33) records that would reveal the contents of settlement negotiations but not including final
                  settlements or empirical data to the extent that they are not otherwise exempt from disclosure;
                      (34) memoranda prepared by staff and used in the decision-making process by an
                  administrative law judge, a member of the Board of Pardons and Parole, or a member of any other
                  body charged by law with performing a quasi-judicial function;
                      (35) records that would reveal negotiations regarding assistance or incentives offered by or
                  requested from a governmental entity for the purpose of encouraging a person to expand or locate
                  a business in Utah, but only if disclosure would result in actual economic harm to the person or place
                  the governmental entity at a competitive disadvantage, but this section may not be used to restrict
                  access to a record evidencing a final contract;
                      (36) materials to which access must be limited for purposes of securing or maintaining the
                  governmental entity's proprietary protection of intellectual property rights including patents,
                  copyrights, and trade secrets;
                      (37) the name of a donor or a prospective donor to a governmental entity, including a public

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                  institution of higher education, and other information concerning the donation that could reasonably
                  be expected to reveal the identity of the donor, provided that:
                      (a) the donor requests anonymity in writing;
                      (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
                  classified protected by the governmental entity under this Subsection (37); and
                      (c) except for public institutions of higher education, the governmental unit to which the
                  donation is made is primarily engaged in educational, charitable, or artistic endeavors, and has no
                  regulatory or legislative authority over the donor, a member of his immediate family, or any entity
                  owned or controlled by the donor or his immediate family;
                      (38) accident reports, except as provided in Sections 41-6-40 , 41-12a-202 , and 73-18-13 ;
                      (39) a notification of workers' compensation insurance coverage described in Section
                  34A-2-205 ; [and]
                      (40) the following records of a public institution of education, which have been developed,
                  discovered, or received by or on behalf of faculty, staff, employees, or students of the institution:
                  unpublished lecture notes, unpublished research notes and data, unpublished manuscripts, creative
                  works in process, scholarly correspondence, and confidential information contained in research
                  proposals. Nothing in this Subsection (40) shall be construed to affect the ownership of a record[.];
                  and
                      (41) information contained in the Management Information System and Licensing
                  Information System described in Title 62A, Chapter 4a, Child and Family Services.
                      Section 16. Section 78-3a-103 is amended to read:
                       78-3a-103. Definitions.
                      (1) As used in this chapter:
                      (a) "Abused child" includes a minor less than 18 years of age who:
                      (i) has suffered or been threatened with nonaccidental physical or mental harm, negligent
                  treatment, or sexual exploitation; or
                      (ii) has been the victim of any sexual abuse.
                      (b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts

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                  alleged in the petition have been proved.
                      (c) "Adult" means a person 18 years of age or over, except that persons 18 years or over
                  under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall be referred
                  to as minors.
                      (d) "Board" means the Board of Juvenile Court Judges.
                      (e) "Child placement agency" means:
                      (i) a private agency licensed to receive minors for placement or adoption under this code;
                  or
                      (ii) a private agency receiving minors for placement or adoption in another state, which
                  agency is licensed or approved where such license or approval is required by law.
                      (f) "Commit" means to transfer legal custody.
                      (g) "Court" means the juvenile court.
                      (h) "Dependent child" includes a minor who is homeless or without proper care through no
                  fault of his parent, guardian, or custodian.
                      (i) "Deprivation of custody" means transfer of legal custody by the court from a parent or
                  the parents or a previous legal custodian to another person, agency, or institution.
                      (j) "Detention" means home detention and secure detention as defined in Section 62A-7-101
                  for the temporary care of minors who require secure custody in physically restricting facilities:
                      (i) pending court disposition or transfer to another jurisdiction; or
                      (ii) while under the continuing jurisdiction of the court.
                      (k) "Division" means the Division of Child and Family Services.
                      [(k)] (l) "Formal referral" means a written report from a peace officer or other person
                  informing the court that a minor is or appears to be within the court's jurisdiction and that a petition
                  may be filed.
                      [(l)] (m) "Group rehabilitation therapy" means psychological and social counseling of one
                  or more persons in the group, depending upon the recommendation of the therapist.
                      [(m)] (n) "Guardianship of the person" includes the authority to consent to marriage, to
                  enlistment in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal

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                  custody, if legal custody is not vested in another person, agency, or institution.
                      [(n)] (o) "Habitual truant" is a school-age minor who has received more than two truancy
                  citations within one school year from the school in which the minor is or should be enrolled and
                  eight absences without a legitimate or valid excuse or who, in defiance of efforts on the part of
                  school authorities as required under Section 53A-11-103 , refuses to regularly attend school or any
                  scheduled period of the school day.
                      [(o)] (p) "Legal custody" means a relationship embodying the following rights and duties:
                      (i) the right to physical custody of the minor;
                      (ii) the right and duty to protect, train, and discipline the minor;
                      (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
                  medical care;
                      (iv) the right to determine where and with whom the minor shall live; and
                      (v) the right, in an emergency, to authorize surgery or other extraordinary care.
                      [(p)] (q) "Minor" means a person under the age of 18 years. It includes the term "child" as
                  used in other parts of this chapter.
                      [(q)] (r) "Natural parent" means a minor's biological or adoptive parent, and includes the
                  minor's noncustodial parent.
                      [(r)] (s) (i) "Neglected child" means a minor:
                      (A) whose parent, guardian, or custodian has abandoned the minor, except as provided in
                  Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child;
                      (B) whose parent, guardian, or custodian has subjected the minor to mistreatment or abuse;
                      (C) who lacks proper parental care by reason of the fault or habits of the parent, guardian,
                  or custodian;
                      (D) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
                  subsistence, education, or medical care, including surgery or psychiatric services when required, or
                  any other care necessary for health, safety, morals, or well-being; or
                      (E) who is at risk of being a neglected or abused child as defined in this chapter because
                  another minor in the same home is a neglected or abused child as defined in this chapter.

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                      (ii) The aspect of neglect related to education, described in Subsection (1)[(r)] (s)(i)(D),
                  means that, after receiving notice that a minor has been frequently absent from school without good
                  cause, or that the minor has failed to cooperate with school authorities in a reasonable manner, a
                  parent or guardian fails to make a good faith effort to ensure that the minor receives an appropriate
                  education.
                      (iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
                  does not provide specified medical treatment for a minor, is not guilty of neglect.
                      [(s)] (t) "Nonjudicial adjustment" means closure of the case by the assigned probation officer
                  without judicial determination upon the consent in writing of the minor, the parent, legal guardian
                  or custodian, and the assigned probation officer.
                      [(t)] (u) "Probation" means a legal status created by court order following an adjudication
                  on the ground of a violation of law or under Section 78-3a-104 , whereby the minor is permitted to
                  remain in his home under prescribed conditions and under supervision by the probation department
                  or other agency designated by the court, subject to return to the court for violation of any of the
                  conditions prescribed.
                      [(u)] (v) "Protective supervision" means a legal status created by court order following an
                  adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
                  remain in his home, and supervision and assistance to correct the abuse, neglect, or dependency is
                  provided by the probation department or other agency designated by the court.
                      [(v)] (w) "Residual parental rights and duties" means those rights and duties remaining with
                  the parent after legal custody or guardianship, or both, have been vested in another person or agency,
                  including the responsibility for support, the right to consent to adoption, the right to determine the
                  child's religious affiliation, and the right to reasonable parent-time unless restricted by the court. If
                  no guardian has been appointed, "residual parental rights and duties" also include the right to consent
                  to marriage, to enlistment, and to major medical, surgical, or psychiatric treatment.
                      [(w)] (x) "Secure facility" means any facility operated by or under contract with the Division
                  of Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
                  committed to the division for custody and rehabilitation.

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                      [(x)] (y) "Shelter" means the temporary care of minors in physically unrestricted facilities
                  pending court disposition or transfer to another jurisdiction.
                      [(y)] (z) "State supervision" means a disposition which provides a more intensive level of
                  intervention than standard probation but is less intensive or restrictive than a community placement
                  with the Division of Youth Corrections.
                      (aa) "Substantiated" has the same meaning as defined in Section 62A-4a-101 .
                      (bb) "Supported" has the same meaning as defined in Section 62A-4a-101 .
                      [(z)] (cc) "Termination of parental rights" means the permanent elimination of all parental
                  rights and duties, including residual parental rights and duties, by court order.
                      [(aa)] (dd) "Therapist" means a person employed by a state division or agency for the
                  purpose of conducting psychological treatment and counseling of a minor in its custody, or any other
                  person licensed or approved by the state for the purpose of conducting psychological treatment and
                  counseling.
                      (ee) "Unsubstantiated" has the same meaning as defined in Section 62A-4a-101 .
                      (ff) "Without merit" has the same meaning as defined in Section 62A-4a-101 .
                      (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
                  Division of Child and Family Services:
                      (a) "Custody" means the custody of a minor in the Division of Child and Family Services
                  as of the date of disposition.
                      (b) "Protective custody" means the shelter of a minor by the Division of Child and Family
                  Services from the time the minor is removed from home until the shelter hearing, or the minor's
                  return home, whichever occurs earlier.
                      (c) "Temporary custody" means the custody of a minor in the Division of Child and Family
                  Services from the date of the shelter hearing until disposition.
                      Section 17. Section 78-3a-104 is amended to read:
                       78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
                      (1) Except as otherwise provided by law, the juvenile court has exclusive original
                  jurisdiction in proceedings concerning:

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                      (a) a minor who has violated any federal, state, or local law or municipal ordinance or a
                  person younger than 21 years of age who has violated any law or ordinance before becoming 18
                  years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
                      (b) a person 21 years of age or older who has failed or refused to comply with an order of
                  the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
                  birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders;
                      (c) a minor who is an abused child, neglected child, or dependent child, as those terms are
                  defined in Section 78-3a-103 ;
                      (d) a protective order for a minor who is alleged to be an abused child or neglected child,
                  except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent or
                  stepparent of the minor against a natural parent or stepparent of the minor;
                      (e) the determination of the custody of a minor or to appoint a guardian of the person or
                  other guardian of a minor who comes within the court's jurisdiction under other provisions of this
                  section;
                      (f) the termination of the legal parent-child relationship in accordance with Part 4,
                  Termination of Parental Rights Act, including termination of residual parental rights and duties;
                      (g) the treatment or commitment of a mentally retarded minor;
                      (h) a minor who is a habitual truant from school;
                      (i) the judicial consent to the marriage of a minor under age 16 upon a determination of
                  voluntariness or where otherwise required by law, employment, or enlistment of a minor when
                  consent is required by law;
                      (j) any parent or parents of a minor committed to a secure youth corrections facility, to order,
                  at the discretion of the court and on the recommendation of a secure youth corrections facility, the
                  parent or parents of a minor committed to a secure youth corrections facility for a custodial term, to
                  undergo group rehabilitation therapy under the direction of a secure youth corrections facility
                  therapist, who has supervision of that parent's or parents' minor, or any other therapist the court may
                  direct, for a period directed by the court as recommended by a secure youth corrections facility;
                      (k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;

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                      (l) the treatment or commitment of a mentally ill child. The court may commit a child to the
                  physical custody of a local mental health authority or to the legal custody of the Division of Mental
                  Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A,
                  Commitment of Persons Under Age 18 to Division of Mental Health. The court may not commit
                  a child directly to the Utah State Hospital;
                      (m) the commitment of a minor in accordance with Section 62A-8-501 ;
                      (n) de novo review of final agency actions resulting from an informal adjudicative
                  proceeding as provided in Section 63-46b-15 ; and
                      (o) adoptions conducted in accordance with the procedures described in Title 78, Chapter
                  30, Adoption, when the juvenile court has previously entered an order terminating the rights of a
                  parent and finds that adoption is in the best interest of the minor.
                      (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
                  jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
                  jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except that
                  the court shall have exclusive jurisdiction over the following traffic offenses committed by a minor
                  under 18 years of age:
                      (a) Section 76-5-207 , automobile homicide;
                      (b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
                      (c) Section 41-6-45 , reckless driving;
                      (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
                  an extended period of time; and
                      (e) Section 41-6-13.5 , fleeing a peace officer.
                      (3) The court also has jurisdiction over traffic offenses that are part of a single criminal
                  episode filed in a petition that contains an offense over which the court has jurisdiction.
                      (4) The juvenile court has jurisdiction over questions of custody, support, parent-time, and
                  visitation certified to it by the district court pursuant to Section 78-3a-105 .
                      (5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
                  referred to it by the Division of Child and Family Services or by public or private agencies that

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                  contract with the division to provide services to that minor where, despite earnest and persistent
                  efforts by the division or agency, the minor has demonstrated that he:
                      (a) is beyond the control of his parent, guardian, lawful custodian, or school authorities to
                  the extent that his behavior or condition endangers his own welfare or the welfare of others; or
                      (b) has run away from home.
                      (6) This section does not restrict the right of access to the juvenile court by private agencies
                  or other persons.
                      (7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
                  under Section 78-3a-602 .
                      (8) The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated,
                  or without merit, in accordance with Section 78-3a-320 .
                      Section 18. Section 78-3a-320 is enacted to read:
                      78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
                      (1) Upon the filing with the court of a petition under Section 78-3a-305 by the Division of
                  Child and Family Services or any interested person informing the court, among other things, that the
                  division has made a supported finding of one or more of the severe types of child abuse or neglect
                  described in Subsection 62A-4a-116.1 (2), the court shall:
                      (a) make a finding of substantiated, unsubstantiated, or without merit;
                      (b) include the finding described in Subsection (1)(a) in a written order; and
                      (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
                      (2) The judicial finding under Subsection (1) shall be made:
                      (a) as part of or at the conclusion of the adjudication hearing; or
                      (b) as part of a court order entered pursuant to a written stipulation of the parties.
                      (3) Any person described in Subsection 62A-4a-116.6 (1) may at any time, within one year
                  after the notice is sent by the Division of Child and Family Services, file with the court a petition for
                  removal of the person's name from the Licensing Information System. At the conclusion of the
                  hearing on the petition, the court shall:
                      (a) make a finding of substantiated, unsubstantiated, or without merit;

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                      (b) include the finding described in Subsection (1)(a) in a written order; and
                      (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
                      (4) For the purposes of licensing under Sections 26-21-9.5 , 26-39-105.5 , 62A-1-118 , and
                  62A-2-121 :
                      (a) the court shall make available records of its findings under Subsections (1) and (2) for
                  licensing purposes, only to those with statutory authority to access also the Licensing Information
                  System created under Section 62A-4a-116.2 ; and
                      (b) any appellate court shall make available court records of appeals from juvenile court
                  decisions under Subsections (1), (2), and (3) for licensing purposes, only to those with statutory
                  authority to access also the Licensing Information System.
                      Section 19. Coordination clause.
                      If this bill and S.B. 101, Criminal Background Checks for Licensed Providers of Human
                  Services, both pass, it is the intent of the Legislature that Subsection 62A-2-121(3) read as follows:
                      "(3) The [office] department shall adopt rules under Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under
                  which a person who has direct access to children and who is listed in the Licensing Information
                  System or has a substantiated finding by a court of a severe type of child abuse or neglect under
                  Subsections 78-3a-320(1) and (2) may provide [child-placing services, foster care, youth programs,
                  substitute care, or institutionalized care for children in a facility licensed by the department] services
                  to children."

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