H.B. 60

1

PROTECTION OF CHILDREN IN FOSTER
2 CARE
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David Litvack
6
7 LONG TITLE
8 General Description:
9 This bill modifies Division of Child and Family Services provisions.
10 Highlighted Provisions:
11 This bill:
12 . gives the Department of Human Services access to provide a complete case history
13 contained in the Management Information System for the purpose of licensing and
14 monitoring foster parents;
15 . gives the Office of the Guardian Ad Litem access only to information about children
16 and families where it has been appointed by a court to represent the interests of the
17 children; and
18 . provides restrictions and outlines security required for information in the
19 Management Information System.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 62A-2-121, as last amended by Chapters 283 and 300, Laws of Utah 2002
27 62A-4a-116, as last amended by Chapter 283, Laws of Utah 2002

28 62A-4a-116.2, as last amended by Chapter 210, Laws of Utah 2003
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 62A-2-121 is amended to read:
32 62A-2-121. Access to abuse and neglect information for licensing purposes.
33 (1) With respect to human services licensees, the department may access only the
34 Licensing Information System of the Division of Child and Family Services created by Section
35 62A-4a-116.2 and juvenile court records under Subsection 78-3a-320 (4), for the purpose of:
36 (a) determining whether a person associated with a licensee, with direct access to
37 children, is listed in the Licensing Information System or has a substantiated finding by a
38 juvenile court of a severe type of child abuse or neglect under Subsections 78-3a-320 (1) and
39 (2); and
40 (b) informing a licensee that a person associated with the licensee is listed in the
41 Licensing Information System or has a substantiated finding by a juvenile court of a severe type
42 of child abuse or neglect under Subsections 78-3a-320 (1) and (2).
43 (2) Notwithstanding Subsection (1), the department may access the Division of Child
44 and Family Service's Management Information System under Section 62A-4a-116 for the
45 purpose of licensing and monitoring foster parents.
46 [(2)] (3) After receiving identifying information for a person under Subsection
47 62A-2-120 (1), the department shall process the information for the purposes described in
48 Subsection (1).
49 [(3)] (4) The department shall adopt rules under Title 63, Chapter 46a, Utah
50 Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under
51 which a person who has direct access to children and who is listed in the Licensing Information
52 System or has a substantiated finding by a court of a severe type of child abuse or neglect under
53 Subsections 78-3a-320 (1) and (2) may provide services to children.
54 Section 2. Section 62A-4a-116 is amended to read:
55 62A-4a-116. Management Information System -- Requirements -- Contents --
56 Purpose -- Access.
57 (1) The division shall develop and implement a Management Information System that
58 meets the requirements of this section and the requirements of federal law and regulation. The

59 information and records contained in the Management Information System are protected
60 records under Title 63, Chapter 2, Government Records Access and Management Act, and
61 except for the limited, specific, and narrow provisions relating to licensing, contained in
62 Section 62A-4a-116.2 , and those provisions relating to contract providers, described in
63 Subsection (6), they are available only to those with statutory authorization to review under
64 that law. They are also available to those who have a specific statutory authorization to access
65 the record for the purpose of assisting the state with state and federal requirements to maintain
66 information solely for the purpose of protecting minors and providing services to families in
67 need.
68 (2) With regard to all child welfare cases, the Management Information System shall
69 provide each caseworker and the department's office of licensing, exclusively for the purposes
70 of foster parent licensure and monitoring, with a complete history of each child in that worker's
71 caseload, including the following information:
72 (a) a record of all past action taken by the division with regard to that child and the
73 child's siblings;
74 (b) the complete case history and all reports and information in the control or keeping
75 of the division regarding that child and the child's siblings;
76 (c) the number of times the child has been in the custody of the division;
77 (d) the cumulative period of time the child has been in the custody of the division;
78 (e) a record of all reports of abuse or neglect received by the division with regard to
79 that child's parent, parents, or guardian including documentation of the latest status or the final
80 outcome or determination regarding each report, including whether each report was found to be
81 supported, unsupported, substantiated by a juvenile court, unsubstantiated by a juvenile court,
82 or without merit;
83 (f) the number of times the child's parent or parents have failed any treatment plan; and
84 (g) the number of different caseworkers who have been assigned to that child in the
85 past.
86 (3) The division's Management Information System shall also:
87 (a) contain all key elements of each family's current treatment plan, including the dates
88 and number of times the plan has been administratively or judicially reviewed, the number of
89 times the parent or parents have failed that treatment plan, and the exact length of time that

90 treatment plan has been in effect; and
91 (b) alert caseworkers regarding deadlines for completion of and compliance with
92 policy, including treatment plans.
93 (4) With regard to all child protective services cases, the Management Information
94 System shall also:
95 (a) monitor the compliance of each case with division rule and policy, state law, and
96 federal law and regulation; and
97 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
98 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
99 the alleged perpetrator.
100 (5) Except as provided in Subsection (6) regarding contract providers and Section
101 62A-4a-116.2 regarding limited access to the Licensing Information System, all information
102 contained in the division's Management Information System is available to the department,
103 upon the approval of the executive director, on a need-to-know basis.
104 (6) (a) The division may allow its contract providers and the Office of the Guardian Ad
105 Litem to have limited access to the Management Information System. A division contract
106 provider has access only to information about persons who are currently receiving services
107 from that specific contract provider. The Office of the Guardian Ad Litem has access only to
108 information about children and families where the Office of the Guardian Ad Litem has been
109 appointed by a court to represent the interests of the children.
110 (b) Each contract provider and designated representative of the Office of the Guardian
111 Ad Litem who requests access to information contained in the Management Information
112 System shall:
113 (i) take all necessary precautions to safeguard the security of the information contained
114 in the Management Information System;
115 (ii) train its employees regarding requirements for protecting the information contained
116 in the Management Information System as required by this chapter and under Title 63, Chapter
117 2, Government Records Access and Management Act, and the criminal penalties under
118 Sections 62A-4a-412 and 63-2-801 for improper release of information; and
119 (iii) monitor its employees to ensure that they protect the information contained in the
120 Management Information System as required by law.

121 (c) The division shall take reasonable precautions to ensure that its contract providers
122 comply with the requirements of this Subsection (6).
123 (7) The division shall take all necessary precautions, including password protection and
124 other appropriate and available technological techniques, to prevent unauthorized access to or
125 release of information contained in the Management Information System.
126 Section 3. Section 62A-4a-116.2 is amended to read:
127 62A-4a-116.2. Licensing Information System -- Contents -- Juvenile court finding
128 -- Protected record -- Access -- Criminal penalty.
129 (1) The division shall maintain a sub-part of the Management Information System
130 established pursuant to Section 62A-4a-116 , to be known as the Licensing Information System,
131 to be used solely for licensing purposes. The Licensing Information System shall include only
132 the following information:
133 (a) the information described in Subsections 62A-4a-116.1 (1)(a) and (6)(b);
134 (b) consented-to supported findings by alleged perpetrators under Subsection
135 62A-4a-116.1 (6)(a)(iii); and
136 (c) the information in the licensing part of the division's Management Information
137 System as of May 6, 2002.
138 (2) Notwithstanding Subsection (1), the department's access to information in the
139 Management Information System for the licensure and monitoring of foster parents is governed
140 by Sections 62A-4a-116 and 62A-2-121 .
141 [(2)] (3) The division shall promptly amend the Licensing Information System, upon
142 receipt of a finding from the juvenile court under Section 78-3a-320 , and shall enter the same
143 information in the Management Information System. However, if a finding of unsubstantiated
144 or without merit is appealed, the supported finding shall not be amended until the appeal is
145 concluded.
146 [(3)] (4) Information contained in the Licensing Information System is classified as a
147 protected record under Title 63, Chapter 2, Government Records Access and Management Act.
148 Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government Records Access
149 and Management Act, the information contained in the Licensing Information System may only
150 be used or disclosed as specifically provided in this chapter and Section 62A-2-121 and is
151 accessible only to:

152 (a) the Office of Licensing within the department, for licensing purposes only;
153 (b) the division, for the following purposes:
154 (i) to screen a person at the request of the Office of the Guardian Ad Litem Director, at
155 the time that person seeks a paid or voluntary position with the Office of the Guardian Ad
156 Litem Director and each year thereafter that the person remains with that office; and
157 (ii) to respond to a request for information from a person whose name is listed in the
158 Licensing Information System;
159 (c) two persons designated by and within the Department of Health, only for the
160 following purposes:
161 (i) licensing a child care program or provider; or
162 (ii) determining whether a person associated with a covered health care facility, as
163 defined by the Department of Health by rule, who provides direct care to a child, has a
164 supported finding of severe child abuse or neglect; and
165 (d) the department, as specifically provided in this chapter.
166 [(4)] (5) The two persons designated by the Department of Health under Subsection
167 [(3)] (4)(c) shall adopt measures to:
168 (a) protect the security of the Licensing Information System; and
169 (b) strictly limit access to the Licensing Information System to those persons
170 designated by statute.
171 [(5)] (6) All persons designated by statute as having access to information contained in
172 the Licensing Information System shall receive training from the department with respect to:
173 (a) accessing the Licensing Information System;
174 (b) maintaining strict security; and
175 (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
176 improper release of information.
177 [(6)] (7) No person, except those authorized by this chapter, may request another
178 person to obtain or release any other information in the Licensing Information System to screen
179 for potential perpetrators of child abuse or neglect. A person who requests information
180 knowing that it is a violation of this Subsection [(6)] (7) to do so is subject to the criminal
181 penalty described in Sections 62A-4a-412 and 63-2-801 .

Legislative Review Note
as of 10-15-03 1:14 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel