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S.B. 17 Enrolled
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
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 [
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 [
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 [
System, the court records, and the database; and
(B) strictly limit access to the [
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 [
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 [
(ii) may only access the [
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 [
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.
(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 [
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; [
(II) to screen for a substantiated finding of child abuse or neglect [
(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
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 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.
(1) With respect to human services licensees, the department may access only the [
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 [
described in Subsection (1).
(3) The [
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 [
children.
Section 5. Section 62A-4a-101 is amended to read:
62A-4a-101. Definitions.
As used in this chapter:
(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.
[
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.
[
as of the date of disposition.
[
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.
[
is homeless or without proper care through no fault of [
[
[
[
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 [
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).
[
given to individual caretaker relatives to achieve improved household and family management
through the services of a trained homemaker.
[
person under 21 years of age for whom the division has been specifically ordered by the juvenile
court to provide services.
[
includes a [
[
(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 [
means that, after receiving notice that a child has been frequently absent from school without good
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.
[
the division from the time [
hearing, or [
[
(a) in response to evidence of neglect, abuse, or [
(b) in an effort to substantiate evidence of neglect, abuse, or [
(c) to a cohabitant who is neglecting or abusing a child, in order to help [
develop recognition of [
to strengthen [
(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 [
appropriate; and
(iii) to protect the child from the circumstances that endanger [
including, when appropriate, removal from [
petitioning the court for termination of parental rights.
[
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.
[
[
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.
[
and family services administered by the division in accordance with federal law.
[
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.
[
(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.
[
in the division from the date of the shelter hearing until disposition.
[
escort service, if necessary, to and from community facilities and resources as part of a service plan.
(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.
[
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[
provide each caseworker with a complete history of each child in [
including the following information:
[
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 [
[
[
division;
[
that child's parent, [
whether each report was found to be supported, unsupported, substantiated by a juvenile court,
unsubstantiated by a juvenile court, or without merit;
[
[
past[
(3) The division's Management Information System shall also:
[
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
[
including treatment plans[
[
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System shall[
(a) monitor the compliance of each case with [
rule and policy, state law, and federal law and regulation[
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date of birth of the alleged perpetrator[
identification of the alleged perpetrator.
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62A-4a-116.2 regarding limited access to the Licensing Information System, all information
contained in the division's Management Information System [
upon the approval of the executive director, on a need-to-know basis.
[
Management Information System. [
access only to information about persons who are currently receiving services from [
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 [
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 [
Management Information System as required by law.
(c) The division shall take reasonable precautions to ensure that its contract providers [
[
other appropriate and available technological techniques, to prevent unauthorized access to [
release of information contained in the Management Information System.
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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
(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;
(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).
(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;
(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
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
(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) [
action to a person [
supported finding. In addition, if the alleged perpetrator is under the age of 18, the division shall:
(i) make reasonable efforts to identify the [
guardian; and
(ii) send a notice to each parent or [
lives at a different address, unless there is good cause, as defined by rule, for not sending a notice
to a parent or [
[
[
(i) the manner in which the division conducts an investigation; or
(ii) the use or effect, in any other setting, of[
for any purpose other than for notification under Subsection (1)(b)[
[
(2) Subsection (1) does not apply to a person who has been served with notice under
Subsection 62A-4a-116.1 (1)(b)(ii).
[
(a) that the division has conducted an investigation regarding alleged child abuse, neglect,
or dependency;
(b) that the division [
[
(c) [
[
[
[
[
[
[
(i) a copy of the report; and
(ii) an opportunity to challenge the [
[
days of receiving the notice [
for why compliance within the 30-day requirement was virtually impossible or unreasonably
burdensome.
[
of[
[
[
[
[
[
[
[
Administrative Hearings shall hold an adjudicative proceeding pursuant to Title 63, Chapter 46b,
Administrative Procedures Act.
[
the division shall [
is a reasonable basis to conclude that[
perpetrator was substantially responsible for the abuse or neglect that occurred.
[
[
[
[
[
[
(b) Any party shall have the right of judicial review of final agency action, in accordance
with Title 63, Chapter 46b, Administrative Procedures Act.
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
(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
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.
(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
(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.
(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.
(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 [
(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:
(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:
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 [
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
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 [
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 [
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
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;
(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,
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
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,
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
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 ; [
(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
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.
[
informing the court that a minor is or appears to be within the court's jurisdiction and that a petition
may be filed.
[
or more persons in the group, depending upon the recommendation of the therapist.
[
enlistment in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal
custody, if legal custody is not vested in another person, agency, or institution.
[
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.
[
(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.
[
used in other parts of this chapter.
[
minor's noncustodial parent.
[
(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.
(ii) The aspect of neglect related to education, described in Subsection (1)[
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.
[
without judicial determination upon the consent in writing of the minor, the parent, legal guardian
or custodian, and the assigned probation officer.
[
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.
[
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.
[
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.
[
of Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
committed to the division for custody and rehabilitation.
[
pending court disposition or transfer to another jurisdiction.
[
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 .
[
rights and duties, including residual parental rights and duties, by court order.
[
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:
(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;
(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
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;
(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 [
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 [
to children."
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