H.B. 25 Enrolled

1

CHILD WELFARE - LICENSING AND
2 MANAGEMENT INFORMATION SYSTEMS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne A. Harper
6 Senate Sponsor: D. Chris Buttars
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to the Licensing Information System and the
11 Management Information System established in the Child and Family Services chapter
12 of the Utah Human Services Code.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . addresses the contents of the notice provided to an alleged perpetrator when the
17 Division of Child and Family Services makes a supported finding that the alleged
18 perpetrator committed a severe type of child abuse or neglect;
19 . describes the circumstances under which a person's name and other information
20 should be entered on, or removed from, the Licensing Information System;
21 . provides that, in an adjudicative proceeding to determine whether a person has
22 caused a child to suffer abuse, neglect, or dependency, the division shall have the
23 burden of proving, by a preponderance of the evidence, that child abuse, neglect, or
24 dependency occurred and that the alleged perpetrator was substantially responsible
25 for the abuse or neglect; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:

30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 26-21-9.5, as last amended by Chapter 283, Laws of Utah 2002
34 26-39-105.5, as last amended by Chapter 283, Laws of Utah 2002
35 62A-1-118, as last amended by Chapter 283, Laws of Utah 2002
36 62A-2-120, as last amended by Chapter 188, Laws of Utah 2005
37 62A-2-121, as last amended by Chapters 60, 107 and 188, Laws of Utah 2005
38 62A-4a-412, as last amended by Chapters 122 and 356, Laws of Utah 2004
39 62A-5-103.5, as enacted by Chapter 60, Laws of Utah 2005
40 62A-11-304.4, as last amended by Chapters 131, 176 and 190, Laws of Utah 2003
41 78-3a-206, as last amended by Chapter 120, Laws of Utah 2001
42 78-3a-320, as last amended by Chapters 60, 107 and 188, Laws of Utah 2005
43 ENACTS:
44 62A-4a-1001, Utah Code Annotated 1953
45 62A-4a-1002, Utah Code Annotated 1953
46 62A-4a-1004, Utah Code Annotated 1953
47 RENUMBERS AND AMENDS:
48 62A-4a-1003, (Renumbered from 62A-4a-116, as last amended by Chapter 286, Laws
49 of Utah 2005)
50 62A-4a-1005, (Renumbered from 62A-4a-116.1, as last amended by Chapter 95, Laws
51 of Utah 2005)
52 62A-4a-1006, (Renumbered from 62A-4a-116.2, as last amended by Chapters 60, 107
53 and 188, Laws of Utah 2005)
54 62A-4a-1007, (Renumbered from 62A-4a-116.3, as enacted by Chapter 283, Laws of
55 Utah 2002)
56 62A-4a-1008, (Renumbered from 62A-4a-116.4, as last amended by Chapter 95, Laws
57 of Utah 2005)

58 62A-4a-1009, (Renumbered from 62A-4a-116.5, as last amended by Chapter 74, Laws
59 of Utah 2004)
60 62A-4a-1010, (Renumbered from 62A-4a-116.6, as last amended by Chapter 210, Laws
61 of Utah 2003)
62
63 Be it enacted by the Legislature of the state of Utah:
64 Section 1. Section 26-21-9.5 is amended to read:
65 26-21-9.5. Criminal background check and Licensing Information System check.
66 (1) In addition to the licensing requirements of Sections 26-21-8 and 26-21-9 , a
67 covered health care facility, as defined in Subsection (10), at the time of initial application for a
68 license and license renewal shall:
69 (a) submit the name and other identifying information of each person associated with
70 the facility who:
71 (i) provides direct care to a patient; and
72 (ii) has been the subject of a criminal background check within the preceding
73 three-year period by a public or private entity recognized by the department; and
74 (b) submit the name and other identifying information, which may include fingerprints,
75 of each person associated with the facility who:
76 (i) provides direct care to a patient; and
77 (ii) has not been the subject of a criminal background check in accordance with
78 Subsection (1)(a)(ii).
79 (2) (a) The department shall forward the information received under Subsection (1)(b)
80 to the Criminal Investigations and Technical Services Division of the Department of Public
81 Safety for processing to determine whether an individual has been convicted of any crime.
82 (b) If an individual has not had residency in Utah for the last five years, the individual
83 shall submit fingerprints for an FBI national criminal history record check. The fingerprints
84 shall be submitted to the FBI through the Criminal Investigations and Technical Services
85 Division. The individual or licensee is responsible for the cost of the fingerprinting and

86 national criminal history check.
87 (3) The department may determine whether:
88 (a) an individual whose name and other identifying information has been submitted
89 pursuant to Subsection (1) and who provides direct care to children is listed in the Licensing
90 Information System described in Section [ 62A-4a-116.2 ] 62A-4a-1006 or has a substantiated
91 finding by a court of a severe type of child abuse or neglect under Section 78-3a-320 , if
92 identification as a possible perpetrator of child abuse or neglect is relevant to the employment
93 activities of that individual; or
94 (b) an individual whose name and other identifying information has been submitted
95 pursuant to Subsection (1) and who provides direct care to disabled or elder adults has a
96 substantiated finding of abuse, neglect, or exploitation of a disabled or elder adult by accessing
97 in accordance with Subsection (4) the database created in Section 62A-3-311.1 if identification
98 as a possible perpetrator of disabled or elder adult abuse, neglect, or exploitation is relevant to
99 the employment activities of that person.
100 (4) (a) The department shall:
101 (i) designate two persons within the department to access the Licensing Information
102 System described in Section [ 62A-4a-116.2 ] 62A-4a-1006 and court records under Subsection
103 78-3a-320 [(4)](6) and two persons to access the database described in Subsection (3)(b); and
104 (ii) adopt measures to:
105 (A) protect the security of the Licensing Information System, the court records, and the
106 database; and
107 (B) strictly limit access to the Licensing Information System, the court records, and the
108 database to those designated under Subsection (4)(a)(i).
109 (b) Those designated under Subsection (4)(a)(i) shall receive training from the
110 Department of Human Services with respect to:
111 (i) accessing the Licensing Information System, the court records, and the database;
112 (ii) maintaining strict security; and
113 (iii) the criminal provisions in Section 62A-4a-412 for the improper release of

114 information.
115 (c) Those designated under Subsection (4)(a)(i):
116 (i) are the only ones in the department with the authority to access the Licensing
117 Information System, the court records, and database; and
118 (ii) may only access the Licensing Information System, the court records, and the
119 database for the purpose of licensing and in accordance with the provisions of Subsection (3).
120 (5) Within ten days of initially hiring an individual, a covered health care facility shall
121 submit the individual's information to the department in accordance with Subsection (1).
122 (6) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
123 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
124 who has been convicted of a criminal offense, or a person described in Subsection (3), may
125 provide direct care to a patient in a covered health care facility, taking into account the nature
126 of the criminal conviction or substantiated finding and its relation to patient care.
127 (7) The department may, in accordance with Section 26-1-6 , assess reasonable fees for
128 a criminal background check processed pursuant to this section.
129 (8) The department may inform the covered health care facility of information
130 discovered under Subsection (3) with respect to an individual associated with the facility.
131 (9) A covered health care facility is not civilly liable for submitting information to the
132 department as required by Subsection (1).
133 (10) For purposes of this section, "covered health care facility" only includes:
134 (a) home health care agencies;
135 (b) hospices;
136 (c) nursing care facilities;
137 (d) assisted-living facilities;
138 (e) small health care facilities; and
139 (f) end stage renal disease facilities.
140 Section 2. Section 26-39-105.5 is amended to read:
141 26-39-105.5. Residential child care certificate.

142 (1) (a) A residential child care provider of five to eight children shall obtain a
143 Residential Child Care Certificate from the department unless Section 26-39-106 applies.
144 (b) The qualifications for a Residential Child Care Certificate are limited to:
145 (i) the submission of:
146 (A) an application in the form prescribed by the department;
147 (B) a certification and criminal background fee established in accordance with Section
148 26-1-6 ; and
149 (C) identifying information described in Subsection 26-39-107 (1) for each adult person
150 who resides in the provider's home:
151 (I) for processing by the Department of Public Safety to determine whether any such
152 person has been convicted of a crime;
153 (II) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
154 and
155 (III) to discover whether the person is listed in the Licensing Information System
156 described in Section [ 62A-4a-116.2 .] 62A-4a-1006 ;
157 (ii) an initial and annual inspection of the provider's home within 90 days of sending an
158 intent to inspect notice to:
159 (A) check the immunization record of each child who receives child care in the
160 provider's home;
161 (B) identify serious sanitation, fire, and health hazards to children; and
162 (C) make appropriate recommendations; and
163 (iii) for new providers, completion of:
164 (A) five hours of department-approved training; and
165 (B) a department-approved CPR and first aid course.
166 (c) If a serious sanitation, fire, or health hazard has been found during an inspection
167 conducted pursuant to Subsection (1)(b)(ii), the department may, at the option of the residential
168 care provider:
169 (i) require corrective action for the serious hazards found and make an unannounced

170 follow up inspection to determine compliance; or
171 (ii) inform the parents of each child in the care of the provider of the results of the
172 department's inspection and the failure of the provider to take corrective action.
173 (d) In addition to an inspection conducted pursuant to Subsection (1)(b)(ii), the
174 department may inspect the home of a residential care provider of five to eight children in
175 response to a complaint of:
176 (i) child abuse or neglect;
177 (ii) serious health hazards in or around the provider's home; or
178 (iii) providing residential child care without the appropriate certificate or license.
179 (2) Notwithstanding this section:
180 (a) a license under Section 26-39-105 is required of a residential child care provider
181 who cares for nine or more children;
182 (b) a certified residential child care provider may not provide care to more than two
183 children under the age of two; and
184 (c) an inspection may be required of a residential child care provider in connection
185 with a federal child care program.
186 (3) With respect to residential child care, the department may only make and enforce
187 rules necessary to implement this section.
188 Section 3. Section 62A-1-118 is amended to read:
189 62A-1-118. Access to abuse and neglect information to screen employees and
190 volunteers.
191 (1) With respect to department employees and volunteers, the department may only
192 access information in the Division of Child and Family Service's Management Information
193 System created by Section [ 62A-4a-116 ] 62A-4a-1003 and the Division of Aging and Adult
194 Services database created by Section 62A-3-311.1 for the purpose of determining at the time of
195 hire and each year thereafter whether a department employee or volunteer has an adjudication
196 of abuse or neglect or since January 1, 1994, a substantiated finding of abuse or neglect after
197 notice and an opportunity for a hearing consistent with Title 63, Chapter 46b, Administrative

198 Procedures Act, but only if identification as a possible perpetrator of abuse or neglect is
199 directly relevant to the employment or volunteer activities of that person.
200 (2) A department employee or volunteer to whom Subsection (1) applies shall submit
201 to the department his name and other identifying information upon request.
202 (3) The department shall process the information to determine whether the employee or
203 volunteer has a substantiated finding of child abuse or neglect.
204 (4) The department shall adopt rules defining permissible and impermissible
205 work-related activities for a department employee or volunteer with one or more substantiated
206 findings of abuse or neglect.
207 Section 4. Section 62A-2-120 is amended to read:
208 62A-2-120. Criminal background checks -- Direct access to children or
209 vulnerable adults.
210 (1) (a) Except as provided in Subsection (7), an applicant for an initial license or a
211 license renewal under this chapter shall submit to the office the names and other identifying
212 information, which may include fingerprints, of all persons associated with the licensee, as
213 defined in Section 62A-2-101 , with direct access to children or vulnerable adults.
214 (b) The Criminal Investigations and Technical Services Division of the Department of
215 Public Safety, or the office as authorized under Section 53-10-108 , shall process the
216 information described in Subsection (1)(a) to determine whether the individual has been
217 convicted of any crime.
218 (c) If an individual has not continuously lived in Utah for the five years immediately
219 preceding the day on which the information referred to in Subsection (1)(a) is submitted to the
220 office, the individual shall submit fingerprints for a FBI national criminal history record check.
221 The fingerprints shall be submitted to the FBI through the Criminal Investigations and
222 Technical Services Division.
223 (2) The office shall approve a person for whom identifying information is submitted
224 under Subsection (1) to have direct access to children or vulnerable adults in the licensee
225 program if:

226 (a) (i) the person is found to have no criminal history record; or
227 (ii) (A) the only convictions in the person's criminal history record are misdemeanors
228 or infractions not involving any of the offenses described in Subsection (3); and
229 (B) the date of the last conviction under Subsection (2)(a)(ii)(A) is more than five years
230 before the date of the search;
231 (b) the person is not listed in the statewide database of the Division of Aging and Adult
232 Services created by Section 62A-3-311.1 ;
233 (c) juvenile court records do not show that a court made a substantiated finding, under
234 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect;
235 (d) the person is not listed in the Licensing Information System of the Division of
236 Child and Family Services created by Section [ 62A-4a-116.2 ] 62A-4a-1006 ; and
237 (e) the person has not pled guilty or no contest to a pending charge for any:
238 (i) felony;
239 (ii) misdemeanor listed in Subsection (3); or
240 (iii) infraction listed in Subsection (3).
241 (3) Unless at least ten years have passed since the date of conviction, the office may not
242 approve a person to have direct access to children or vulnerable adults in the licensee's human
243 services program if that person has been convicted of an offense, whether a felony,
244 misdemeanor, or infraction, that is:
245 (a) identified as a sexual offense, domestic violence, lewdness, assault, or battery;
246 (b) a violation of any pornography law, including sexual exploitation of a minor;
247 (c) prostitution;
248 (d) included in:
249 (i) Title 76, Chapter 5, Offenses Against the Person;
250 (ii) Title 76, Chapter 5a, Sexual Exploitation of Children; or
251 (iii) Title 76, Chapter 7, Offenses Against the Family; or
252 (e) a conviction in:
253 (i) (A) another state, territory, or district of the United States; or

254 (B) a federal court of the United States; and
255 (ii) for an offense that, if committed in the state, would constitute a violation of an
256 offense described in Subsection (3)(d).
257 (4) (a) If a person for whom identifying information is submitted under Subsection (1)
258 is not approved by the office under Subsection (2) or (3) to have direct access to children or
259 vulnerable adults in the licensee program, the office shall conduct a comprehensive review of
260 criminal and court records and related circumstances if the reason the approval is not granted is
261 due solely to one or more of the following:
262 (i) a conviction for:
263 (A) any felony not listed in Subsection (3);
264 (B) any misdemeanor or infraction, not listed in Subsection (3), within five years of the
265 date of the search;
266 (C) a protective order or ex parte protective order violation under Section 76-5-108 or
267 a similar statute in another state; or
268 (D) any felony, misdemeanor, or infraction listed in Subsection (3) if at least ten years
269 have passed since the date of conviction;
270 (ii) a plea of guilty or no contest to a pending:
271 (A) felony;
272 (B) misdemeanor not listed in Subsection (3); or
273 (C) infraction not listed in Subsection (3);
274 (iii) the person is listed in the statewide database of the Division of Aging and Adult
275 Services created by Section 62A-3-311.1 ;
276 (iv) juvenile court records show that a court made a substantiated finding, under
277 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect; or
278 (v) the person is listed in the Licensing Information System of the Division of Child
279 and Family Services created by Section [ 62A-4a-116.2 ] 62A-4a-1006 .
280 (b) The comprehensive review under Subsection (4)(a) shall include an examination of:
281 (i) the date of the offense or incident;

282 (ii) the nature and seriousness of the offense or incident;
283 (iii) the circumstances under which the offense or incident occurred;
284 (iv) the age of the perpetrator when the offense or incident occurred;
285 (v) whether the offense or incident was an isolated or repeated incident;
286 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
287 adult, including:
288 (A) actual or threatened, nonaccidental physical or mental harm;
289 (B) sexual abuse;
290 (C) sexual exploitation; and
291 (D) negligent treatment;
292 (vii) any evidence provided by the person of rehabilitation, counseling, or psychiatric
293 treatment received, or additional academic or vocational schooling completed, by the person;
294 and
295 (viii) any other pertinent information.
296 (c) At the conclusion of the comprehensive review under Subsection (4)(a), the office
297 shall approve the person who is the subject of the review to have direct access to children or
298 vulnerable adults, unless it finds that approval will likely create a risk of harm to a child or
299 vulnerable adult.
300 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
301 office may make rules, consistent with this chapter, defining procedures for the comprehensive
302 review described in this Subsection (4).
303 (5) (a) For purposes of this Subsection (5), "directly supervised" means that the person
304 being supervised is under the uninterrupted visual and auditory surveillance of the person doing
305 the supervising.
306 (b) A licensee may not permit any person to have direct access to a child or a
307 vulnerable adult unless, subject to Subsection (5)(c), that person is:
308 (i) associated with the licensee and:
309 (A) approved by the office to have direct access to children or vulnerable adults under

310 this section; or
311 (B) (I) the office has not determined whether to approve that person to have direct
312 access to children or vulnerable adults;
313 (II) the information described in Subsection (1)(a), relating to that person, is submitted
314 to the department; and
315 (III) that person is directly supervised by a person associated with the licensee who is
316 approved by the office to have direct access to children or vulnerable adults under this section;
317 (ii) (A) not associated with the licensee; and
318 (B) directly supervised by a person associated with the licensee who is approved by the
319 office to have direct access to children or vulnerable adults under this section;
320 (iii) the parent or guardian of the child or vulnerable adult; or
321 (iv) a person approved by the parent or guardian of the child or vulnerable adult to
322 have direct access to the child or vulnerable adult.
323 (c) Notwithstanding Subsection (5)(b), a person may not have direct access to a child
324 or a vulnerable adult if that person is prohibited by court order from having that access.
325 (6) (a) Within 30 days after receiving the identifying information for a person under
326 Subsection (1), the office shall give written notice to the person and to the licensee or applicant
327 with whom the person is associated of:
328 (i) the office's decision regarding its background screening clearance and findings; and
329 (ii) a list of any convictions found in the search.
330 (b) With the notice described in Subsection (6)(a), the office shall also give to the
331 person the details of any comprehensive review conducted under Subsection (4).
332 (c) If the notice under Subsection (6)(a) states that the person is not approved to have
333 direct access to children or vulnerable adults, the notice shall further advise the persons to
334 whom the notice is given that either the person or the licensee or applicant with whom the
335 person is associated, or both, may, under Subsection 62A-2-111 (2), request a hearing in the
336 department's Office of Administrative Hearings, to challenge the office's decision.
337 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

338 office shall make rules, consistent with this chapter:
339 (i) defining procedures for the challenge of its background screening decision
340 described in this Subsection (6); and
341 (ii) expediting the process for renewal of a license under the requirements of this
342 section and other applicable sections.
343 (7) Notwithstanding Subsection (1)(a), this section does not apply to an applicant for
344 an initial license, or license renewal, to operate a substance abuse treatment program that
345 provides services to adults only.
346 Section 5. Section 62A-2-121 is amended to read:
347 62A-2-121. Access to abuse and neglect information.
348 (1) For purposes of this section:
349 (a) "direct service worker" is as defined in Section 62A-5-101 ; and
350 (b) "personal care attendant" is as defined in Section 62A-3-101 .
351 (2) With respect to a licensee, a certified local inspector applicant, a direct service
352 worker, or a personal care attendant, the department may access only the Licensing Information
353 System of the Division of Child and Family Services created by Section [ 62A-4a-116.2 ]
354 62A-4a-1006 and juvenile court records under Subsection 78-3a-320 (6), for the purpose of:
355 (a) (i) determining whether a person associated with a licensee, with direct access to
356 children:
357 (A) is listed in the Licensing Information System; or
358 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
359 neglect under Subsections 78-3a-320 (1) and (2); and
360 (ii) informing a licensee that a person associated with the licensee:
361 (A) is listed in the Licensing Information System; or
362 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
363 neglect under Subsections 78-3a-320 (1) and (2);
364 (b) (i) determining whether a certified local inspector applicant:
365 (A) is listed in the Licensing Information System; or

366 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
367 neglect under Subsections 78-3a-320 (1) and (2); and
368 (ii) informing a local government that a certified local inspector applicant:
369 (A) is listed in the Licensing Information System; or
370 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
371 neglect under Subsections 78-3a-320 (1) and (2); or
372 (c) (i) determining whether a direct service worker:
373 (A) is listed in the Licensing Information System; or
374 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
375 neglect under Subsections 78-3a-320 (1) and (2); and
376 (ii) informing a direct service worker or the direct service worker's employer that the
377 direct service worker:
378 (A) is listed in the Licensing Information System; or
379 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
380 neglect under Subsections 78-3a-320 (1) and (2); or
381 (d) (i) determining whether a personal care attendant:
382 (A) is listed in the Licensing Information System; or
383 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
384 neglect under Subsections 78-3a-320 (1) and (2); and
385 (ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
386 personal care attendant:
387 (A) is listed in the Licensing Information System; or
388 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
389 neglect under Subsections 78-3a-320 (1) and (2).
390 (3) Notwithstanding Subsection (2), the department may access the Division of Child
391 and Family Service's Management Information System under Section [ 62A-4a-116 ]
392 62A-4a-1003 for the purpose of licensing and monitoring foster parents.
393 (4) After receiving identifying information for a person under Subsection

394 62A-2-120 (1), the department shall process the information for the purposes described in
395 Subsection (2).
396 (5) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
397 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
398 may have direct access or provide services to children when:
399 (a) the person is listed in the Licensing Information System of the Division of Child
400 and Family Services created by Section [ 62A-4a-116.2 ] 62A-4a-1006 ; or
401 (b) juvenile court records show that a court made a substantiated finding under Section
402 78-3a-320 , that the person committed a severe type of child abuse or neglect.
403 Section 6. Section 62A-4a-412 is amended to read:
404 62A-4a-412. Reports and information confidential.
405 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
406 well as any other information in the possession of the division obtained as the result of a report
407 are private, protected, or controlled records under Title 63, Chapter 2, Government Records
408 Access and Management Act, and may only be made available to:
409 (a) a police or law enforcement agency investigating a report of known or suspected
410 child abuse or neglect;
411 (b) a physician who reasonably believes that a child may be the subject of abuse or
412 neglect;
413 (c) an agency that has responsibility or authority to care for, treat, or supervise a child
414 who is the subject of a report;
415 (d) a contract provider that has a written contract with the division to render services to
416 a child who is the subject of a report;
417 (e) any subject of the report, the natural parents of the minor, and the guardian ad
418 litem;
419 (f) a court, upon a finding that access to the records may be necessary for the
420 determination of an issue before the court, provided that in a divorce, custody, or related
421 proceeding between private parties, the record alone is:

422 (i) limited to objective or undisputed facts that were verified at the time of the
423 investigation; and
424 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
425 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
426 neglect of another person;
427 (g) an office of the public prosecutor or its deputies in performing an official duty;
428 (h) a person authorized by a Children's Justice Center, for the purposes described in
429 Section 67-5b-102 ;
430 (i) a person engaged in bona fide research, when approved by the director of the
431 division, if the information does not include names and addresses;
432 (j) the State Office of Education, acting on behalf of itself or on behalf of a school
433 district, for the purpose of evaluating whether an individual should be permitted to obtain or
434 retain a license as an educator or serve as an employee or volunteer in a school, limited to
435 information with substantiated findings involving an alleged sexual offense, an alleged felony
436 or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
437 Chapter 5, Offenses Against the Person, and with the understanding that the office must
438 provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
439 to the report before making a decision concerning licensure or employment;
440 (k) any person identified in the report as a perpetrator or possible perpetrator of child
441 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
442 (l) a person filing a petition for a child protective order on behalf of a minor who is the
443 subject of the report; and
444 (m) a licensed child-placing agency or person who is performing a preplacement
445 adoptive evaluation in accordance with the requirements of Section 78-30-3.5 .
446 (2) (a) A person, unless listed in Subsection (1), may not request another person to
447 obtain or release a report or any other information in the possession of the division obtained as
448 a result of the report that is available under Subsection (1)(k) to screen for potential
449 perpetrators of child abuse or neglect.

450 (b) A person who requests information knowing that it is a violation of Subsection
451 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
452 (3) (a) Except as provided in Section [ 62A-4a-116.3 ] 62A-4a-1007 and Subsection
453 (3)(b), the division and law enforcement officials shall ensure the anonymity of the person or
454 persons making the initial report and any others involved in its subsequent investigation.
455 (b) Notwithstanding any other provision of law, excluding Section 78-3a-314 , but
456 including this chapter and Title 63, Chapter 2, Government Records Access and Management
457 Act, when the division makes a report or other information in its possession available under
458 Subsection (1)(e) to a subject of the report or a parent of a minor, the division shall remove
459 from the report or other information only the names, addresses, and telephone numbers of
460 individuals or specific information that could:
461 (i) identify the referent;
462 (ii) impede a criminal investigation; or
463 (iii) endanger a person's safety.
464 (4) Any person who wilfully permits, or aides and abets the release of data or
465 information obtained as a result of this part, in the possession of the division or contained on
466 any part of the Management Information System, in violation of this part or Sections
467 [ 62A-4a-116 ] 62A-4a-1003 through [ 62A-4a-116.3 ] 62A-4a-1007 , is guilty of a class C
468 misdemeanor.
469 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
470 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
471 good faith pursuant to this part.
472 (6) A child-placing agency or person who receives a report in connection with a
473 preplacement adoptive evaluation pursuant to Section 78-30-3.5 :
474 (a) may provide this report to the person who is the subject of the report; and
475 (b) may provide this report to a person who is performing a preplacement adoptive
476 evaluation in accordance with the requirement of Section 78-30-3.5 , or to a licensed
477 child-placing agency or to an attorney seeking to facilitate an adoption.

478 Section 7. Section 62A-4a-1001 is enacted to read:
479 Part 10. Management Information System and Licensing Information System
480 62A-4a-1001. Title.
481 This part is known as the "Management Information System and Licensing Information
482 System."
483 Section 8. Section 62A-4a-1002 is enacted to read:
484 62A-4a-1002. Definitions.
485 As used in this part:
486 (1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
487 means:
488 (i) if committed by a person 18 years of age or older:
489 (A) severe or chronic physical abuse;
490 (B) sexual abuse;
491 (C) sexual exploitation;
492 (D) abandonment;
493 (E) medical neglect resulting in death, disability, or serious illness;
494 (F) chronic neglect;
495 (G) severe neglect;
496 (H) chronic emotional abuse; or
497 (I) severe emotional abuse; or
498 (ii) if committed by a person under the age of 18:
499 (A) serious physical injury, as defined in Subsection 76-5-109 (1)(d), to another child
500 which indicates a significant risk to other children; or
501 (B) sexual behavior with or upon another child which indicates a significant risk to
502 other children.
503 (b) "Severe type of child abuse or neglect" does not include:
504 (i) the use of reasonable and necessary physical restraint or force by an educator in
505 accordance with Subsection 53A-11-802 (2) or Section 76-2-401 ;

506 (ii) a person's conduct that:
507 (A) is justified under Section 76-2-401 ; or
508 (B) constitutes the use of reasonable and necessary physical restraint or force in
509 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
510 other dangerous object in the possession or under the control of a child or to protect the child or
511 another person from physical injury; or
512 (iii) a health care decision made for a child by the child's parent or guardian, unless,
513 subject to Subsection 62A-4a-1004 (2), the state or other party to the proceeding shows, by
514 clear and convincing evidence, that the health care decision is not reasonable and informed.
515 (2) "Significant risk" means a risk of harm that is determined to be significant in
516 accordance with risk assessment tools and rules established by the division that focus on:
517 (a) age;
518 (b) social factors;
519 (c) emotional factors;
520 (d) sexual factors;
521 (e) intellectual factors;
522 (f) family risk factors; and
523 (g) other related considerations.
524 Section 9. Section 62A-4a-1003 , which is renumbered from Section 62A-4a-116 is
525 renumbered and amended to read:
526 [62A-4a-116]. 62A-4a-1003. Management Information System --
527 Requirements -- Contents -- Purpose -- Access.
528 (1) (a) The division shall develop and implement a Management Information System
529 that meets the requirements of this section and the requirements of federal law and regulation.
530 (b) The information and records contained in the Management Information System:
531 (i) are protected records under Title 63, Chapter 2, Government Records Access and
532 Management Act; and
533 (ii) except as provided in Subsection (1)(c), are available only to a person with

534 statutory authorization under Title 63, Chapter 2, Government Records Access and
535 Management Act, to review the information and records described in this Subsection (1)(b).
536 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
537 Subsection (1)(b)(ii) are available to a person:
538 (i) as provided under Subsection (6) or Section [ 62A-4a-116.2 ] 62A-4a-1006 ; or
539 (ii) who has specific statutory authorization to access the information or records for the
540 purpose of assisting the state with state and federal requirements to maintain information solely
541 for the purpose of protecting minors and providing services to families in need.
542 (2) With regard to all child welfare cases, the Management Information System shall
543 provide each caseworker and the department's office of licensing, exclusively for the purposes
544 of foster parent licensure and monitoring, with a complete history of each child in that worker's
545 caseload, including:
546 (a) a record of all past action taken by the division with regard to that child and the
547 child's siblings;
548 (b) the complete case history and all reports and information in the control or keeping
549 of the division regarding that child and the child's siblings;
550 (c) the number of times the child has been in the custody of the division;
551 (d) the cumulative period of time the child has been in the custody of the division;
552 (e) a record of all reports of abuse or neglect received by the division with regard to
553 that child's parent, parents, or guardian including:
554 (i) for each report, documentation of the:
555 (A) latest status; or
556 (B) final outcome or determination; and
557 (ii) information that indicates whether each report was found to be:
558 (A) supported;
559 (B) unsupported;
560 (C) substantiated by a juvenile court;
561 (D) unsubstantiated by a juvenile court; or

562 (E) without merit;
563 (f) the number of times the child's parent or parents failed any child and family plan;
564 and
565 (g) the number of different caseworkers who have been assigned to that child in the
566 past.
567 (3) The division's Management Information System shall:
568 (a) contain all key elements of each family's current child and family plan, including:
569 (i) the dates and number of times the plan has been administratively or judicially
570 reviewed;
571 (ii) the number of times the parent or parents have failed that child and family plan;
572 and
573 (iii) the exact length of time the child and family plan has been in effect; and
574 (b) alert caseworkers regarding deadlines for completion of and compliance with
575 policy, including child and family plans.
576 (4) With regard to all child protective services cases, the Management Information
577 System shall:
578 (a) monitor the compliance of each case with:
579 (i) division rule and policy;
580 (ii) state law; and
581 (iii) federal law and regulation; and
582 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
583 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
584 the alleged perpetrator.
585 (5) Except as provided in Subsection (6) regarding contract providers and Section
586 [ 62A-4a-116.2 ] 62A-4a-1006 regarding limited access to the Licensing Information System, all
587 information contained in the division's Management Information System is available to the
588 department, upon the approval of the executive director, on a need-to-know basis.
589 (6) (a) Subject to this Subsection (6), the division may allow its contract providers,

590 court clerks designated by the Administrative Office of the Courts, and the Office of the
591 Guardian Ad Litem to have limited access to the Management Information System.
592 (b) A division contract provider has access only to information about a person who is
593 currently receiving services from that specific contract provider.
594 (c) (i) Designated court clerks may only have access to information necessary to
595 comply with Subsection 78-3h-102 (2).
596 (ii) The Office of the Guardian Ad Litem may access only the information that:
597 (A) relates to children and families where the Office of the Guardian Ad Litem is
598 appointed by a court to represent the interests of the children; and
599 (B) except as provided in Subsection (6)(d), is entered into the Management
600 Information System on or after July 1, 2004.
601 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of the Guardian Ad Litem
602 shall have access to all child abuse and neglect referrals about children and families where the
603 office has been appointed by a court to represent the interests of the children, regardless of the
604 date that the information is entered into the Management Information System.
605 (e) Each contract provider and designated representative of the Office of the Guardian
606 Ad Litem who requests access to information contained in the Management Information
607 System shall:
608 (i) take all necessary precautions to safeguard the security of the information contained
609 in the Management Information System;
610 (ii) train its employees regarding:
611 (A) requirements for protecting the information contained in the Management
612 Information System as required by this chapter and under Title 63, Chapter 2, Government
613 Records Access and Management Act; and
614 (B) the criminal penalties under Sections 62A-4a-412 and 63-2-801 for improper
615 release of information; and
616 (iii) monitor its employees to ensure that they protect the information contained in the
617 Management Information System as required by law.

618 (f) The division shall take reasonable precautions to ensure that its contract providers
619 comply with the requirements of this Subsection (6).
620 (7) The division shall take all necessary precautions, including password protection and
621 other appropriate and available technological techniques, to prevent unauthorized access to or
622 release of information contained in the Management Information System.
623 Section 10. Section 62A-4a-1004 is enacted to read:
624 62A-4a-1004. Risk assessment training -- Second health care opinion.
625 (1) The division shall train its child protection workers to apply the risk assessment
626 tools and rules established under Subsection 62A-4a-1002 (2).
627 (2) Nothing in Subsection 62A-4a-1002 (1)(b)(iii) may prohibit a parent or guardian
628 from exercising the right to obtain a second health care opinion.
629 Section 11. Section 62A-4a-1005 , which is renumbered from Section 62A-4a-116.1 is
630 renumbered and amended to read:
631 [62A-4a-116.1]. 62A-4a-1005. Supported finding of a severe type of child
632 abuse or neglect -- Notation in Licensing Information System -- Juvenile court petition or
633 notice to alleged perpetrator -- Rights of alleged perpetrator -- Juvenile court finding.
634 (1) If the division makes a supported finding [of one or more of the severe types] that a
635 person committed a severe type of child abuse or neglect [described in Subsection (2)], the
636 division shall:
637 (a) [(i)] serve notice of the finding on the alleged perpetrator; [and]
638 [(ii)] (b) enter the following information into the Licensing Information System created
639 in Section [ 62A-4a-116.2 ] 62A-4a-1006 :
640 (A) the name and other identifying information of the perpetrator with the supported
641 finding, without identifying the person as a perpetrator or alleged perpetrator; and
642 (B) a notation to the effect that an investigation regarding the person is pending; and
643 [(b)] (c) if the division considers it advisable, file a petition for substantiation within
644 one year of the supported finding.
645 [(2) Except as otherwise provided in Subsection (3), the severe types of child abuse or

646 neglect referred to in Subsection (1) are as follows:]
647 [(a) if committed by a person 18 years of age or older:]
648 [(i) severe or chronic physical abuse;]
649 [(ii) sexual abuse;]
650 [(iii) sexual exploitation;]
651 [(iv) abandonment;]
652 [(v) medical neglect resulting in death, disability, or serious illness;]
653 [(vi) chronic or severe neglect; or]
654 [(vii) chronic or severe emotional abuse; or]
655 [(b) if committed by a person under the age of 18:]
656 [(i) serious physical injury, as defined in Subsection 76-5-109 (1)(d), to another child
657 which indicates a significant risk to other children; or]
658 [(ii) sexual behavior with or upon another child which indicates a significant risk to
659 other children.]
660 [(3) Severe child abuse or neglect in Subsection (2) does not include:]
661 [(a) the use of reasonable and necessary physical restraint or force by an educator in
662 accordance with Subsection 53A-11-802 (2) or Section 76-2-401 ;]
663 [(b) a person's conduct that:]
664 [(i) is justified under Section 76-2-401 ; or]
665 [(ii) constitutes the use of reasonable and necessary physical restraint or force in
666 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
667 other dangerous object in the possession or under the control of a child or to protect the child or
668 another person from physical injury; or]
669 [(c) a health care decision made for a child by the child's parent or guardian, unless the
670 state or other party to the proceeding shows, by clear and convincing evidence, that the health
671 care decision is not reasonable and informed.]
672 [(4) (a) For purposes of Subsection (2)(b), "significant risk" shall be determined in
673 accordance with risk assessment tools and rules established by the division that focus on:]

674 [(i) age;]
675 [(ii) social factors;]
676 [(iii) emotional factors;]
677 [(iv) sexual factors;]
678 [(v) intellectual factors;]
679 [(vi) family risk factors; and]
680 [(vii) other related considerations.]
681 [(b) The division shall train its child protection workers to apply the risk assessment
682 tools and rules established under Subsection (4)(a).]
683 [(5)] (2) The notice referred to in Subsection (1)(a):
684 (a) shall state that:
685 [(a)] (i) the division has conducted an investigation regarding alleged child abuse or
686 neglect;
687 [(b)] (ii) the division has made a supported finding [of one of the severe types] that the
688 alleged perpetrator described in Subsection (1) committed a severe type of child abuse or
689 neglect [described in Subsection (2)];
690 [(c)] (iii) facts gathered by the division support the supported finding;
691 [(d)] (iv) as a result of the supported finding, the alleged perpetrator's name and other
692 identifying information have been listed in the Licensing Information System in accordance
693 with Subsection (1)[(a)](b);
694 [(e)] (v) the alleged perpetrator may be disqualified from adopting a child or being
695 licensed by:
696 [(i)] (A) the department;
697 [(ii)] (B) a human services licensee;
698 [(iii)] (C) a child care provider or program; [and] or
699 [(iv)] (D) a covered health care facility;
700 [(f)] (vi) the alleged perpetrator has the rights described in Subsection [(6)] (3); and
701 [(g)] (vii) failure to take either action described in Subsection [(6)] (3)(a) within one

702 year after service of the notice will result in the action described in Subsection [(6)] (3)(b)[.];
703 (b) shall include a general statement of the nature of the findings; and
704 (c) may not include:
705 (i) the name of a victim or witness; or
706 (ii) any privacy information related to the victim or a witness.
707 [(6)] (3) (a) Upon receipt of the notice described in Subsection [(5)] (2), the alleged
708 perpetrator shall have the right to:
709 (i) file a written request asking the division to review the findings made under
710 Subsection [(2)] (1);
711 (ii) except as provided in Subsection (3)(c), immediately petition the juvenile court
712 under Section 78-3a-320 ; or
713 (iii) sign a written consent to:
714 (A) the supported finding made under Subsection (1); and
715 (B) entry into the Licensing Information System of:
716 (I) the alleged perpetrator's name; and
717 (II) other information regarding the supported finding [of abuse or neglect into the
718 Licensing Information System] made under Subsection (1).
719 (b) Except as provided in Subsection (3)(e), the alleged perpetrator's name and the
720 information described in Subsection (1)(b) shall remain in the Licensing Information System:
721 [(b) If] (i) if the alleged perpetrator fails to take the action [as] described in Subsection
722 [(6)] (3)(a) within one year after service of the notice described in [Subsection (5), the alleged
723 perpetrator's name and the notation described in Subsection (1)(a) shall remain in the Licensing
724 Information System. This information shall also remain in the Licensing Information System
725 while] Subsections (1)(a) and (2);
726 (ii) during the time that the division awaits a response from the alleged perpetrator
727 pursuant to Subsection [(6)] (3)(a); and [during the pendency of any proceeding, including an
728 appeal of a finding of unsubstantiated or without merit, under Section 78-3a-320 .]
729 (iii) until a court determines that the severe type of child abuse or neglect upon which

730 the Licensing Information System entry was based is unsubstantiated or without merit.
731 (c) The alleged perpetrator [shall have] has no right to petition the juvenile court under
732 Subsection [(6)(b)] (3)(a)(ii) if the court [has] previously held a hearing on the same alleged
733 incident of abuse or neglect pursuant to the filing of a petition under Section 78-3a-305 by
734 some other party.
735 (d) Consent under Subsection [(6)] (3)(a)(iii) by a minor shall be given by the minor's
736 parent or guardian.
737 (e) Regardless of whether an appeal on the matter is pending:
738 (i) an alleged perpetrator's name and the information described in Subsection (1)(b)
739 shall be removed from the Licensing Information System if the severe type of child abuse or
740 neglect upon which the Licensing Information System entry was based:
741 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
742 78-3a-320 ; or
743 (B) is found to be substantiated, but is subsequently reversed on appeal; and
744 (ii) an alleged perpetrator's name and information that is removed from the Licensing
745 Information System under Subsection (3)(e)(i), shall be placed back on the Licensing
746 Information System if the court action that was the basis for removing the alleged perpetrator's
747 name and information is subsequently reversed on appeal.
748 [(7)] (4) Upon the filing of a petition under Subsection (1)[(b)](c), the juvenile court
749 shall make a finding of substantiated, unsubstantiated, or without merit as provided in
750 Subsections 78-3a-320 (1) and (2).
751 [(8)] (5) Service of the notice [under Subsections (1) (a) and (5)] described in
752 Subsections (1)(a) and (2):
753 (a) shall be personal service in accordance with [Rule 4 of the] Utah Rules of Civil
754 Procedure, Rule 4; and
755 (b) does not preclude civil or criminal action against the alleged perpetrator.
756 [(9) Nothing in Subsection (3)(c) may prohibit a parent or guardian from exercising the
757 right to obtain a second health care opinion.]

758 Section 12. Section 62A-4a-1006 , which is renumbered from Section 62A-4a-116.2 is
759 renumbered and amended to read:
760 [62A-4a-116.2]. 62A-4a-1006. Licensing Information System -- Contents --
761 Juvenile court finding -- Protected record -- Access -- Criminal penalty.
762 (1) (a) The division shall maintain a sub-part of the Management Information System
763 established pursuant to Section [ 62A-4a-116 ] 62A-4a-1003 , to be known as the Licensing
764 Information System, to be used:
765 (i) for licensing purposes; or
766 (ii) as otherwise specifically provided for by law.
767 (b) The Licensing Information System shall include only the following information:
768 (i) the information described in Subsections [ 62A-4a-116.1 (1)(a) and (6)(b)]
769 62A-4a-1005 (1)(b) and (3)(b);
770 (ii) consented-to supported findings by alleged perpetrators under Subsection
771 [ 62A-4a-116.1 (6)(a)(iii)] 62A-4a-1005 (3)(a)(iii); and
772 (iii) the information in the licensing part of the division's Management Information
773 System as of May 6, 2002.
774 (2) Notwithstanding Subsection (1), the department's access to information in the
775 Management Information System for the licensure and monitoring of foster parents is governed
776 by Sections [ 62A-4a-116 ] 62A-4a-1003 and 62A-2-121 .
777 (3) [(a)] Subject to Subsection 62A-4a-1005 (3)[(b)](e), upon receipt of a finding from
778 the juvenile court under Section 78-3a-320 , the division shall:
779 [(i)] (a) promptly amend the Licensing Information System; and
780 [(ii)] (b) enter the information in the Management Information System.
781 [(b) Notwithstanding Subsection (3)(a), if a finding of unsubstantiated or without merit
782 is appealed, the supported finding shall not be amended until the appeal is concluded.]
783 (4) (a) Information contained in the Licensing Information System is classified as a
784 protected record under Title 63, Chapter 2, Government Records Access and Management Act.
785 (b) Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government

786 Records Access and Management Act, the information contained in the Licensing Information
787 System may only be used or disclosed as specifically provided in this chapter and Section
788 62A-2-121 .
789 (c) The information described in Subsection (4)(b) is accessible only to:
790 (i) the Office of Licensing within the department:
791 (A) for licensing purposes; or
792 (B) as otherwise specifically provided for by law;
793 (ii) the division to:
794 (A) screen a person at the request of the Office of the Guardian Ad Litem Director:
795 (I) at the time that person seeks a paid or voluntary position with the Office of the
796 Guardian Ad Litem Director; and
797 [(II) each year after the person described in Subsection (4)(c)(ii)(A)(I) remains with
798 that office; and]
799 (II) on an annual basis, throughout the time that the person remains with the Office of
800 Guardian Ad Litem Director; and
801 (B) respond to a request for information from a person whose name is listed in the
802 Licensing Information System;
803 (iii) two persons designated by and within the Department of Health, only for the
804 following purposes:
805 (A) licensing a child care program or provider; or
806 (B) determining whether a person associated with a covered health care facility, as
807 defined by the Department of Health by rule, who provides direct care to a child, has a
808 supported finding of a severe type of child abuse or neglect; and
809 (iv) the department, as specifically provided in this chapter.
810 (5) The two persons designated by the Department of Health under Subsection
811 (4)(c)(iii) shall adopt measures to:
812 (a) protect the security of the Licensing Information System; and
813 (b) strictly limit access to the Licensing Information System to those persons

814 designated by statute.
815 (6) All persons designated by statute as having access to information contained in the
816 Licensing Information System shall receive training from the department with respect to:
817 (a) accessing the Licensing Information System;
818 (b) maintaining strict security; and
819 (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
820 improper release of information.
821 (7) (a) A person, except those authorized by this chapter, may not request another
822 person to obtain or release any other information in the Licensing Information System to screen
823 for potential perpetrators of child abuse or neglect.
824 (b) A person who requests information knowing that it is a violation of this Subsection
825 (7) to do so is subject to the criminal penalty described in Sections 62A-4a-412 and 63-2-801 .
826 Section 13. Section 62A-4a-1007 , which is renumbered from Section 62A-4a-116.3 is
827 renumbered and amended to read:
828 [62A-4a-116.3]. 62A-4a-1007. False reports -- Penalties.
829 (1) The division shall send a certified letter to any person who submits a report of child
830 abuse or neglect that is placed into or included in any part of the Management Information
831 System, if the division determines, at the conclusion of its investigation, that:
832 (a) the report is false;
833 (b) it is more likely than not that the person knew the report was false at the time that
834 person submitted the report; and
835 (c) the reporting person's address is known or reasonably available.
836 (2) The letter shall inform the reporting person of:
837 (a) the division's determination made under Subsection (1);
838 (b) the penalty for submitting false information under Section 76-8-506 and other
839 applicable laws; and
840 (c) the obligation of the division to inform law enforcement and the person alleged to
841 have committed abuse or neglect:

842 (i) in the present instance if law enforcement considers an immediate referral of the
843 reporting person to law enforcement to be justified by the facts; or
844 (ii) if the reporting person submits a subsequent false report involving the same alleged
845 perpetrator or victim.
846 (3) The division may inform law enforcement and the alleged perpetrator of a report
847 for which a letter is required to be sent under Subsection (1), if an immediate referral is
848 justified by the facts.
849 (4) The division shall inform law enforcement and the alleged perpetrator of a report
850 for which a letter is required to be sent under Subsection (1) if a second letter is sent to the
851 reporting person involving the same alleged perpetrator or victim.
852 (5) The division shall determine, in consultation with law enforcement:
853 (a) what information should be given to an alleged perpetrator relating to a false report;
854 and
855 (b) whether good cause exists, as defined by the division by rule, for not informing an
856 alleged perpetrator about a false report.
857 (6) Nothing in this section may be construed as requiring the division to conduct an
858 investigation beyond what is described in Subsection (1), to determine whether or not a report
859 is false.
860 Section 14. Section 62A-4a-1008 , which is renumbered from Section 62A-4a-116.4 is
861 renumbered and amended to read:
862 [62A-4a-116.4]. 62A-4a-1008. Timeframes for deletion of specified
863 information or reports.
864 (1) Unless the executive director determines that there is good cause for keeping a
865 report of abuse or neglect in the Management Information System, based on standards
866 established by rule, the division shall delete any reference to:
867 (a) a report that is without merit, if no subsequent report involving the same alleged
868 perpetrator has occurred within one year; or
869 (b) a report that [has been] is determined by a court of competent jurisdiction to be

870 unsubstantiated or without merit, if no subsequent report involving the same alleged
871 perpetrator has occurred within five years.
872 (2) (a) The division shall maintain a separation of reports as follows:
873 (i) those that are supported;
874 (ii) those that are unsupported;
875 (iii) those that are without merit;
876 (iv) those that are unsubstantiated under the law in effect prior to May 6, 2002;
877 (v) those that are substantiated under the law in effect prior to May 6, 2002; and
878 (vi) those that are consented-to supported findings under Subsection
879 [ 62A-4a-116.1 (6)(a)(iii)] 62A-4a-1005 (3)(a)(iii).
880 (b) Only persons with statutory authority have access to information contained in any
881 of the reports identified in Subsection (2)(a).
882 Section 15. Section 62A-4a-1009 , which is renumbered from Section 62A-4a-116.5 is
883 renumbered and amended to read:
884 [62A-4a-116.5]. 62A-4a-1009. Notice and opportunity to challenge supported
885 finding in Management Information System -- Right of judicial review.
886 (1) (a) Except as provided in Subsection (2), the division shall send a notice of agency
887 action to a person with respect to whom the division makes a supported finding. In addition, if
888 the alleged perpetrator is under the age of 18, the division shall:
889 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
890 (ii) send a notice to each parent or guardian identified under Subsection (1)(a)(i) that
891 lives at a different address, unless there is good cause, as defined by rule, for not sending a
892 notice to a parent or guardian.
893 (b) Nothing in this section may be construed as affecting:
894 (i) the manner in which the division conducts an investigation; or
895 (ii) the use or effect, in any other setting, of a supported finding by the division at the
896 completion of an investigation for any purpose other than for notification under Subsection (1)
897 (a).

898 (2) Subsection (1) does not apply to a person who has been served with notice under
899 Subsection [ 62A-4a-116.1 ] 62A-4a-1005 (1)(a).
900 (3) The notice described in Subsection (1) shall state:
901 (a) that the division has conducted an investigation regarding alleged child abuse,
902 neglect, or dependency;
903 (b) that the division has made a supported finding of abuse, neglect, or dependency;
904 (c) that facts gathered by the division support the supported finding;
905 (d) that the person has the right to request:
906 (i) a copy of the report; and
907 (ii) an opportunity to challenge the supported finding by the division; and
908 (e) that failure to request an opportunity to challenge the supported finding within 30
909 days of receiving the notice will result in an unappealable supported finding of child abuse,
910 neglect, or dependency unless the person can show good cause for why compliance within the
911 30-day requirement was virtually impossible or unreasonably burdensome.
912 (4) (a) A person may make a request to challenge a supported finding within 30 days of
913 a notice being received under this section.
914 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
915 Hearings shall hold an adjudicative proceeding pursuant to Title 63, Chapter 46b,
916 Administrative Procedures Act.
917 (5) (a) In an adjudicative proceeding held pursuant to this section, the division shall
918 have the burden of proving, by a preponderance of the evidence, [that there is a reasonable
919 basis to conclude] that child abuse, neglect, or dependency occurred and that the alleged
920 perpetrator was substantially responsible for the abuse or neglect that occurred.
921 (b) Any party shall have the right of judicial review of final agency action, in
922 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
923 (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after
924 receiving notice, fails to challenge a supported finding in accordance with this section[,]:
925 (a) may not further challenge the finding; and

926 (b) shall have no right to:
927 (i) agency review [or to] of the finding;
928 (ii) an adjudicative hearing on the finding; or
929 (iii) judicial review of the finding.
930 (7) (a) [An] Except as provided in Subsection (7)(b), an alleged perpetrator may not
931 make a request under Subsection (4) to challenge a supported finding if a court of competent
932 jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that
933 the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency which
934 was also the subject of the supported finding. [This]
935 (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
936 [(b)] (c) An adjudicative proceeding under Subsection (5) may be stayed during the
937 time a judicial action on the same matter is pending.
938 (8) [An] Pursuant to Section 78-3a 320, an adjudicative proceeding on a supported
939 finding of [one of the nonsevere types] a type of abuse or neglect [under Section 78-3a-320 ]
940 that does not constitute a severe type of child abuse or neglect may be joined in the juvenile
941 court with an adjudicative proceeding on a supported finding of a severe type of child abuse or
942 neglect.
943 Section 16. Section 62A-4a-1010 , which is renumbered from Section 62A-4a-116.6 is
944 renumbered and amended to read:
945 [62A-4a-116.6]. 62A-4a-1010. Notice and opportunity for court hearing for
946 persons listed in Licensing Information System.
947 (1) Persons whose names were listed on the Licensing Information System as of May
948 6, 2002 and who have not been the subject of a court determination with respect to the alleged
949 incident of abuse or neglect may at any time:
950 (a) request review by the division of their case and removal of their name from the
951 Licensing Information System pursuant to Subsection (3); or
952 (b) file a petition for an evidentiary hearing and a request for a finding of
953 unsubstantiated or without merit.

954 (2) Subsection (1) does not apply to an individual who has been the subject of any of
955 the following court determinations with respect to the alleged incident of abuse or neglect:
956 (a) conviction;
957 (b) adjudication under Title 78, Chapter 3a, Juvenile [Courts] Court Act of 1996;
958 (c) plea of guilty;
959 (d) plea of guilty and mentally ill; or
960 (e) no contest.
961 (3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,
962 2002 requests removal of [their] the alleged perpetrator's name from the Licensing Information
963 System, the division shall, within 30 days:
964 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
965 qualifies as [severe or chronic under Subsection 62A-4a-116.1 (2) and if it does not, remove
966 the]:
967 (A) a severe type of child abuse or neglect;
968 (B) chronic physical abuse;
969 (C) chronic emotional abuse; or
970 (D) chronic neglect; and
971 (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
972 described in Subsections (3)(a)(i)(A) through (D), remove the alleged perpetrator's name from
973 the Licensing Information System; or
974 (b) determine whether to file a petition for substantiation.
975 (4) If the division decides to file a petition, that petition must be filed no more than 14
976 days after the decision.
977 (5) The juvenile court shall act on the petition as provided in Subsection 78-3a-320 (3).
978 (6) If a person whose name appears on the Licensing Information System prior to May
979 6, 2002 files a petition pursuant to Section 78-3a-320 during the time that an alleged
980 perpetrator's application for clearance to work with children or vulnerable adults is pending, the
981 court shall hear the matter on an expedited basis.

982 Section 17. Section 62A-5-103.5 is amended to read:
983 62A-5-103.5. Disbursal of public funds -- Background check of a direct service
984 worker.
985 (1) For purposes of this section:
986 (a) "directly supervised" means that the person being supervised is under the
987 uninterrupted visual and auditory surveillance of the person doing the supervising; and
988 (b) "office" is as defined in Section 62A-2-101 .
989 (2) Subject to Subsection (4), public funds may not be disbursed to pay a direct service
990 worker for personal services rendered to a person, unless:
991 (a) the direct service worker is approved by the office to have direct access and provide
992 services to children or vulnerable adults pursuant to Section 62A-2-120 ;
993 (b) (i) during the time that the direct service worker renders the services described in
994 this Subsection (2), the direct service worker who renders the services is directly supervised by
995 a direct service worker who is approved by the office to have direct access and provide services
996 to children or vulnerable adults pursuant to Section 62A-2-120 ;
997 (ii) the direct service worker who renders the services described in this Subsection (2)
998 has submitted the information required for a background check pursuant to Section 62A-2-120 ;
999 and
1000 (iii) the office has not determined whether to approve the direct service worker
1001 described in Subsection (2)(b)(ii) to have direct access and provide services to children or
1002 vulnerable adults; or
1003 (c) the direct service worker:
1004 (i) (A) is a direct ancestor or descendent of the person to whom the services are
1005 rendered, but is not the person's parent;
1006 (B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or
1007 (C) (I) has submitted the information required for a background check pursuant to
1008 Section 62A-2-120 ; and
1009 (II) the office has not determined whether to approve the direct service worker to have

1010 direct access and provide services to children or vulnerable adults; and
1011 (ii) is not listed in:
1012 (A) the Licensing Information System of the Division of Child and Family Services
1013 created by Section [ 62A-4a-116.2 ] 62A-4a-1006 ;
1014 (B) the statewide database of the Division of Aging and Adult Services created by
1015 Section 62A-3-311.1 as having a substantiated finding of abuse, neglect, or exploitation; or
1016 (C) juvenile court records as having a substantiated finding under Section 78-3a-320
1017 that the direct service worker committed a severe type of child abuse or neglect.
1018 (3) For purposes of Subsection (2), the office shall conduct a background check of a
1019 direct service worker:
1020 (a) except as provided in Subsection (2)(b) or (c), before public funds are disbursed to
1021 pay the direct service worker for the personal services described in Subsection (2); and
1022 (b) using the same procedures established for a background check of an applicant for
1023 an initial license under Section 62A-2-120 .
1024 (4) The background check and the approval determination described in this section
1025 shall be conducted for a direct service worker on an annual basis.
1026 Section 18. Section 62A-11-304.4 is amended to read:
1027 62A-11-304.4. Filing of location information -- Service of process.
1028 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
1029 modify, or enforce a support order, each party shall file identifying information and shall
1030 update that information as changes occur:
1031 (i) with the court or administrative agency that conducted the proceeding; and
1032 (ii) after October 1, 1998, with the state case registry.
1033 (b) The identifying information required under Subsection (1)(a) shall include the
1034 person's Social Security number, driver's license number, residential and mailing addresses,
1035 telephone numbers, the name, address, and telephone number of employers, and any other data
1036 required by the United States Secretary of Health and Human Services.
1037 (c) In any subsequent child support action involving the office or between the parties,

1038 state due process requirements for notice and service of process shall be satisfied as to a party
1039 upon:
1040 (i) a sufficient showing that diligent effort has been made to ascertain the location of
1041 the party; and
1042 (ii) delivery of notice to the most recent residential or employer address filed with the
1043 court, administrative agency, or state case registry under Subsection (1)(a).
1044 (2) (a) The office shall provide individuals who are applying for or receiving services
1045 under this chapter or who are parties to cases in which services are being provided under this
1046 chapter:
1047 (i) with notice of all proceedings in which support obligations might be established or
1048 modified; and
1049 (ii) with a copy of any order establishing or modifying a child support obligation, or in
1050 the case of a petition for modification, a notice of determination that there should be no change
1051 in the amount of the child support award, within 14 days after issuance of such order or
1052 determination.
1053 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
1054 be provided in accordance with Section 78-45f-614 .
1055 (3) Service of all notices and orders under this part shall be made in accordance with
1056 Title 63, Chapter 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
1057 this section.
1058 (4) Consistent with Title 63, Chapter 2, Government Records Access and Management
1059 Act, the office shall adopt procedures to classify records to prohibit the unauthorized use or
1060 disclosure of information relating to a proceeding to:
1061 (a) establish paternity; or
1062 (b) establish or enforce support.
1063 (5) (a) The office shall, upon written request, provide location information available in
1064 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
1065 provided that:

1066 (i) the party seeking the information produces a copy of the parent-time order signed by
1067 the court;
1068 (ii) the information has not been safeguarded in accordance with Section 454 of the
1069 Social Security Act;
1070 (iii) the party whose location is being sought has been afforded notice in accordance
1071 with this section of the opportunity to contest release of the information;
1072 (iv) the party whose location is being sought has not provided the office with a copy of
1073 a protective order, a current court order prohibiting disclosure, a current court order limiting or
1074 prohibiting the requesting person's contact with the party or child whose location is being
1075 sought, a criminal order, an administrative order pursuant to Section [ 62A-4a-116.5 ]
1076 62A-4a-1009 , or documentation of a pending proceeding for any of the above; and
1077 (v) there is no other state or federal law that would prohibit disclosure.
1078 (b) "Location information" shall consist of the current residential address of the
1079 custodial or noncustodial parent and, if different and known to the office, the current residence
1080 of any children who are the subject of the parent-time order. If there is no current residential
1081 address available, the person's place of employment and any other location information shall be
1082 disclosed.
1083 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
1084 Security Act means that the person seeking to safeguard information has provided to the office
1085 a copy of a protective order, current court order prohibiting disclosure, current court order
1086 prohibiting or limiting the requesting person's contact with the party or child whose location is
1087 being sought, criminal order signed by a court of competent jurisdiction, an administrative
1088 order pursuant to Section [ 62A-4a-116.5 ] 62A-4a-1009 , or documentation of a pending
1089 proceeding for any of the above.
1090 (d) Neither the state, the department, the office nor its employees shall be liable for any
1091 information released in accordance with this section.
1092 (6) Custodial or noncustodial parents or their legal representatives who are denied
1093 location information in accordance with Subsection (5) may serve the Office of Recovery

1094 Services to initiate an action to obtain the information.
1095 Section 19. Section 78-3a-206 is amended to read:
1096 78-3a-206. Court records -- Inspection.
1097 (1) The court and the probation department shall keep records as required by the board
1098 and the presiding judge.
1099 (2) Court records shall be open to inspection by:
1100 (a) the parents or guardian, other parties in the case, the attorneys, and agencies to
1101 which custody of a minor has been transferred;
1102 (b) for information relating to adult offenders alleged to have committed a sexual
1103 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
1104 Title 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose
1105 of evaluating whether an individual should be permitted to obtain or retain a license as an
1106 educator or serve as an employee or volunteer in a school, with the understanding that the
1107 office must provide the individual with an opportunity to respond to any information gathered
1108 from its inspection of the records before it makes a decision concerning licensure or
1109 employment;
1110 (c) the Division of Criminal Investigations and Technical Services, established in
1111 Section 53-10-103 , for the purpose of a criminal history background check for the purchase of
1112 a firearm and establishing good character for issuance of a concealed firearm permit as
1113 provided in Section 53-5-704 ; and
1114 (d) the Division of Child and Family Services for the purpose of Child Protective
1115 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
1116 administrative hearings in accordance with Section [ 62A-4a-116.5 ] 62A-4a-1009 .
1117 (3) With the consent of the judge, court records may be inspected by the minor, by
1118 persons having a legitimate interest in the proceedings, and by persons conducting pertinent
1119 research studies.
1120 (4) If a petition is filed charging a minor 14 years of age or older with an offense that
1121 would be a felony if committed by an adult, the court shall make available to any person upon

1122 request the petition, any adjudication or disposition orders, and the delinquency history
1123 summary of the minor charged unless the records are closed by the court upon findings on the
1124 record for good cause.
1125 (5) Probation officers' records and reports of social and clinical studies are not open to
1126 inspection, except by consent of the court, given under rules adopted by the board.
1127 (6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
1128 history summary of any person charged as an adult with a felony offense shall be made
1129 available to any person upon request.
1130 (b) This provision does not apply to records that have been destroyed or expunged in
1131 accordance with court rules.
1132 (c) The court may charge a reasonable fee to cover the costs associated with retrieving
1133 a requested record that has been archived.
1134 Section 20. Section 78-3a-320 is amended to read:
1135 78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
1136 (1) Upon the filing with the court of a petition under Section 78-3a-305 by the Division
1137 of Child and Family Services or any interested person informing the court, among other things,
1138 that the division has made a supported finding [of one or more of the severe types] that a
1139 person committed a severe type of child abuse or neglect [described in Subsection
1140 62A-4a-116.1 (2)] as defined in Section 62A-4a-1002 , the court shall:
1141 (a) make a finding of substantiated, unsubstantiated, or without merit;
1142 (b) include the finding described in Subsection (1)(a) in a written order; and
1143 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
1144 (2) The judicial finding under Subsection (1) shall be made:
1145 (a) as part of the adjudication hearing;
1146 (b) at the conclusion of the adjudication hearing; or
1147 (c) as part of a court order entered pursuant to a written stipulation of the parties.
1148 (3) (a) Any person described in Subsection [ 62A-4a-116.6 ] 62A-4a-1010 (1) may at any
1149 time file with the court a petition for removal of the person's name from the Licensing

1150 Information System.
1151 (b) At the conclusion of the hearing on the petition, the court shall:
1152 (i) make a finding of substantiated, unsubstantiated, or without merit;
1153 (ii) include the finding described in Subsection (1)(a) in a written order; and
1154 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
1155 (4) A proceeding for adjudication of a supported finding [of a nonsevere type of abuse
1156 or neglect] under this section of a type of abuse or neglect that does not constitute a severe type
1157 of child abuse or neglect may be joined in the juvenile court with an adjudication of a severe
1158 type of child abuse or neglect.
1159 (5) If a person whose name appears on the Licensing Information system prior to May
1160 6, 2002 files a petition during the time that an alleged perpetrator's application for clearance to
1161 work with children or vulnerable adults is pending, the court shall hear the matter and enter a
1162 final decision no later than 60 days after the filing of the petition.
1163 (6) For the purposes of licensing under Sections 26-21-9.5 , 26-39-105.5 , 62A-1-118 ,
1164 and for the purposes described in Section 62A-2-121 :
1165 (a) the court shall make available records of its findings under Subsections (1) and (2)
1166 for licensing purposes, only to those with statutory authority to access also the Licensing
1167 Information System created under Section [ 62A-4a-116.2 ] 62A-4a-1006 ; and
1168 (b) any appellate court shall make available court records of appeals from juvenile
1169 court decisions under Subsections (1), (2), (3), and (4) for licensing purposes, only to those
1170 with statutory authority to access also the Licensing Information System.