H.B. 341

1

CHILD AND FAMILY SERVICES RECORDS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steven R. Mascaro
5
6 LONG TITLE
7 General Description:
8 This bill adds specific items to what can be redacted from Child and Family Services
9 records.
10 Highlighted Provisions:
11 This bill:
12 . adds the following information to the list of what can be redacted from requested
13 records:
14 . information received from BCI or NCIC;
15 . psychological or psychiatric records; and
16 . discussions between a division employee and attorney.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 62A-4a-412, as last amended by Chapters 122 and 356, Laws of Utah 2004
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 62A-4a-412 is amended to read:
27 62A-4a-412. Reports and information confidential.

28 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
29 well as any other information in the possession of the division obtained as the result of a report
30 are private, protected, or controlled records under Title 63, Chapter 2, Government Records
31 Access and Management Act, and may only be made available to:
32 (a) a police or law enforcement agency investigating a report of known or suspected
33 child abuse or neglect;
34 (b) a physician who reasonably believes that a child may be the subject of abuse or
35 neglect;
36 (c) an agency that has responsibility or authority to care for, treat, or supervise a child
37 who is the subject of a report;
38 (d) a contract provider that has a written contract with the division to render services to
39 a child who is the subject of a report;
40 (e) any subject of the report, the natural parents of the minor, and the guardian ad
41 litem;
42 (f) a court, upon a finding that access to the records may be necessary for the
43 determination of an issue before the court, provided that in a divorce, custody, or related
44 proceeding between private parties, the record alone is:
45 (i) limited to objective or undisputed facts that were verified at the time of the
46 investigation; and
47 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
48 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
49 neglect of another person;
50 (g) an office of the public prosecutor or its deputies in performing an official duty;
51 (h) a person authorized by a Children's Justice Center, for the purposes described in
52 Section 67-5b-102 ;
53 (i) a person engaged in bona fide research, when approved by the director of the
54 division, if the information does not include names and addresses;
55 (j) the State Office of Education, acting on behalf of itself or on behalf of a school
56 district, for the purpose of evaluating whether an individual should be permitted to obtain or
57 retain a license as an educator or serve as an employee or volunteer in a school, limited to
58 information with substantiated findings involving an alleged sexual offense, an alleged felony

59 or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
60 Chapter 5, Offenses Against the Person, and with the understanding that the office must
61 provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
62 to the report before making a decision concerning licensure or employment;
63 (k) any person identified in the report as a perpetrator or possible perpetrator of child
64 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
65 (l) a person filing a petition for a child protective order on behalf of a minor who is the
66 subject of the report; and
67 (m) a licensed child-placing agency or person who is performing a preplacement
68 adoptive evaluation in accordance with the requirements of Section 78-30-3.5 .
69 (2) (a) A person, unless listed in Subsection (1), may not request another person to
70 obtain or release a report or any other information in the possession of the division obtained as
71 a result of the report that is available under Subsection (1)(k) to screen for potential
72 perpetrators of child abuse or neglect.
73 (b) A person who requests information knowing that it is a violation of Subsection
74 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
75 (3) (a) Except as provided in Section 62A-4a-116.3 and Subsection (3)(b), the division
76 and law enforcement officials shall ensure the anonymity of the person or persons making the
77 initial report and any others involved in its subsequent investigation.
78 (b) Notwithstanding any other provision of law, excluding Section 78-3a-314 , but
79 including this chapter and Title 63, Chapter 2, Government Records Access and Management
80 Act, when the division makes a report or other information in its possession available under
81 Subsection (1)(e) to a subject of the report or a parent of a minor, the division shall remove
82 from the report or other information only the names, addresses, and telephone numbers of
83 individuals or specific information [that could]:
84 (i) that could identify the referent;
85 (ii) that could impede a criminal investigation; [or]
86 (iii) that could endanger a person's safety[.];
87 (iv) received from the Bureau of Criminal Identification or the National Crime
88 Information Center;
89 (v) related to psychological or psychiatric diagnosis or treatment; or

90 (vi) detailing discussions between a division employee and their attorney.
91 (4) Any person who wilfully permits, or aides and abets the release of data or
92 information obtained as a result of this part, in the possession of the division or contained on
93 any part of the Management Information System, in violation of this part or Sections
94 62A-4a-116 through 62A-4a-116.3 , is guilty of a class C misdemeanor.
95 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
96 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
97 good faith pursuant to this part.
98 (6) A child-placing agency or person who receives a report in connection with a
99 preplacement adoptive evaluation pursuant to Section 78-30-3.5 :
100 (a) may provide this report to the person who is the subject of the report; and
101 (b) may provide this report to a person who is performing a preplacement adoptive
102 evaluation in accordance with the requirement of Section 78-30-3.5 , or to a licensed
103 child-placing agency or to an attorney seeking to facilitate an adoption.




Legislative Review Note
as of 2-11-05 9:45 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel