This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 30, 2017 at 10:59 AM by lpoole.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 30, 2017 at 11:02 AM by lpoole.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 30, 2017 at 12:52 PM by lpoole.
1 2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of law regarding the licensure of tribal foster homes and the
10 sharing of information with Ŝ→ [
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ clarifies that full faith and credit of an Indian tribe's licensure of a foster home
15 extends to homes located on both state lands and Indian country;
16 ▸ requires the division to cooperate and share relevant information with Ŝ→ [
16a ←Ŝ Indian
17 tribe;
18 ▸ authorizes the division to provide Ŝ→ [
18a Management
19 Information System; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 62A-2-101, as last amended by Laws of Utah 2016, Chapters 122, 211, and 342
28 62A-2-117, as last amended by Laws of Utah 2005, Chapter 188
29 62A-4a-101, as last amended by Laws of Utah 2009, Chapter 75
30 62A-4a-105, as last amended by Laws of Utah 2016, Chapter 296
31 62A-4a-412, as last amended by Laws of Utah 2016, Chapter 144
32 62A-4a-1003, as last amended by Laws of Utah 2009, Chapter 32
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 62A-2-101 is amended to read:
36 62A-2-101. Definitions.
37 As used in this chapter:
38 (1) "Adult day care" means nonresidential care and supervision:
39 (a) for three or more adults for at least four but less than 24 hours a day; and
40 (b) that meets the needs of functionally impaired adults through a comprehensive
41 program that provides a variety of health, social, recreational, and related support services in a
42 protective setting.
43 (2) "Applicant" means a person who applies for an initial license or a license renewal
44 under this chapter.
45 (3) (a) "Associated with the licensee" means that an individual is:
46 (i) affiliated with a licensee as an owner, director, member of the governing body,
47 employee, agent, provider of care, department contractor, or volunteer; or
48 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
49 (3)(a)(i).
50 (b) "Associated with the licensee" does not include:
51 (i) service on the following bodies, unless that service includes direct access to a child
52 or a vulnerable adult:
53 (A) a local mental health authority described in Section 17-43-301;
54 (B) a local substance abuse authority described in Section 17-43-201; or
55 (C) a board of an organization operating under a contract to provide mental health or
56 substance abuse programs, or services for the local mental health authority or substance abuse
57 authority; or
58 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
59 at all times.
60 (4) (a) "Boarding school" means a private school that:
61 (i) uses a regionally accredited education program;
62 (ii) provides a residence to the school's students:
63 (A) for the purpose of enabling the school's students to attend classes at the school; and
64 (B) as an ancillary service to educating the students at the school;
65 (iii) has the primary purpose of providing the school's students with an education, as
66 defined in Subsection (4)(b)(i); and
67 (iv) (A) does not provide the treatment or services described in Subsection (28)(a); or
68 (B) provides the treatment or services described in Subsection (28)(a) on a limited
69 basis, as described in Subsection (4)(b)(ii).
70 (b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
71 one or more of grades kindergarten through 12th grade.
72 (ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
73 services described in Subsection (28)(a) on a limited basis if:
74 (A) the treatment or services described in Subsection (28)(a) are provided only as an
75 incidental service to a student; and
76 (B) the school does not:
77 (I) specifically solicit a student for the purpose of providing the treatment or services
78 described in Subsection (28)(a); or
79 (II) have a primary purpose of providing the treatment or services described in
80 Subsection (28)(a).
81 (c) "Boarding school" does not include a therapeutic school.
82 (5) "Child" means a person under 18 years of age.
83 (6) "Child placing" means receiving, accepting, or providing custody or care for any
84 child, temporarily or permanently, for the purpose of:
85 (a) finding a person to adopt the child;
86 (b) placing the child in a home for adoption; or
87 (c) foster home placement.
88 (7) "Client" means an individual who receives or has received services from a licensee.
89 (8) "Day treatment" means specialized treatment that is provided to:
90 (a) a client less than 24 hours a day; and
91 (b) four or more persons who:
92 (i) are unrelated to the owner or provider; and
93 (ii) have emotional, psychological, developmental, physical, or behavioral
94 dysfunctions, impairments, or chemical dependencies.
95 (9) "Department" means the Department of Human Services.
96 (10) "Department contractor" means an individual who:
97 (a) provides services under a contract with the department; and
98 (b) due to the contract with the department, has or will likely have direct access to a
99 child or vulnerable adult.
100 (11) "Direct access" means that an individual has, or likely will have:
101 (a) contact with or access to a child or vulnerable adult that provides the individual
102 with an opportunity for personal communication or touch; or
103 (b) an opportunity to view medical, financial, or other confidential personal identifying
104 information of the child, the child's parents or legal guardians, or the vulnerable adult.
105 (12) "Directly supervised" means that an individual is being supervised under the
106 uninterrupted visual and auditory surveillance of another individual who has a current
107 background screening approval issued by the office.
108 (13) "Director" means the director of the Office of Licensing.
109 (14) "Domestic violence" means the same as that term is defined in Section 77-36-1.
110 (15) "Domestic violence treatment program" means a nonresidential program designed
111 to provide psychological treatment and educational services to perpetrators and victims of
112 domestic violence.
113 (16) "Elder adult" means a person 65 years of age or older.
114 (17) "Executive director" means the executive director of the department.
115 (18) "Foster home" means a temporary residential living environment for the care of:
116 (a) (i) fewer than five foster children in the home of a licensed foster parent; or
117 (ii) five or more foster children in the home of a licensed foster parent if there are no
118 foster children or if there is one foster child in the home at the time of the placement of a
119 sibling group; or
120 (b) (i) fewer than four foster children in the home of a certified foster parent; or
121 (ii) four or more foster children in the home of a certified foster parent if there are no
122 foster children or if there is one foster child in the home at the time of the placement of a
123 sibling group.
124 (19) (a) "Human services program" means a:
125 (i) foster home;
126 (ii) therapeutic school;
127 (iii) youth program;
128 (iv) resource family home;
129 (v) recovery residence; or
130 (vi) facility or program that provides:
131 (A) secure treatment;
132 (B) inpatient treatment;
133 (C) residential treatment;
134 (D) residential support;
135 (E) adult day care;
136 (F) day treatment;
137 (G) outpatient treatment;
138 (H) domestic violence treatment;
139 (I) child placing services;
140 (J) social detoxification; or
141 (K) any other human services that are required by contract with the department to be
142 licensed with the department.
143 (b) "Human services program" does not include a boarding school.
144 (20) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
145 (21) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
146 (22) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
147 [
148 the office.
149 [
150 [
151 [
152 Services.
153 [
154 counseling designed to improve and enhance social or psychological functioning for those
155 whose physical and emotional status allows them to continue functioning in their usual living
156 environment.
157 [
158 least two of the following requirements:
159 (i) provides a supervised living environment for individuals recovering from a
160 substance abuse disorder;
161 (ii) provides a living environment in which more than half of the individuals in the
162 residence are recovering from a substance abuse disorder;
163 (iii) provides or arranges for residents to receive services related to their recovery from
164 a substance abuse disorder, either on or off site;
165 (iv) is held out as a living environment in which individuals recovering from substance
166 abuse disorders live together to encourage continued sobriety; or
167 (v) (A) receives public funding; or
168 (B) is run as a business venture, either for-profit or not-for-profit.
169 (b) "Recovery residence" does not mean:
170 (i) a residential treatment program;
171 (ii) residential support; or
172 (iii) a home, residence, or facility, in which:
173 (A) residents, by their majority vote, establish, implement, and enforce policies
174 governing the living environment, including the manner in which applications for residence are
175 approved and the manner in which residents are expelled;
176 (B) residents equitably share rent and housing-related expenses; and
177 (C) a landlord, owner, or operator does not receive compensation, other than fair
178 market rental income, for establishing, implementing, or enforcing policies governing the
179 living environment.
180 [
181 (a) the hours during which services of any kind are provided to a client; or
182 (b) the hours during which a client is present at the facility of a licensee.
183 [
184 life as a protective service to individuals or families who have a disability or who are
185 experiencing a dislocation or emergency that prevents them from providing these services for
186 themselves or their families.
187 (b) "Residential support" includes providing a supervised living environment for
188 persons with dysfunctions or impairments that are:
189 (i) emotional;
190 (ii) psychological;
191 (iii) developmental; or
192 (iv) behavioral.
193 (c) Treatment is not a necessary component of residential support.
194 (d) "Residential support" does not include:
195 (i) a recovery residence; or
196 (ii) residential services that are performed:
197 (A) exclusively under contract with the Division of Services for People with
198 Disabilities; or
199 (B) in a facility that serves fewer than four individuals.
200 [
201 four or more individuals unrelated to the owner or provider that offers room or board and
202 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
203 habilitation services for persons with emotional, psychological, developmental, or behavioral
204 dysfunctions, impairments, or chemical dependencies.
205 (b) "Residential treatment" does not include a:
206 (i) boarding school;
207 (ii) foster home; or
208 (iii) recovery residence.
209 [
210 provides:
211 (a) residential treatment; or
212 (b) secure treatment.
213 [
214 care for persons whose current functioning is such that they cannot live independently or in a
215 less restrictive environment.
216 (b) "Secure treatment" differs from residential treatment to the extent that it requires
217 intensive supervision, locked doors, and other security measures that are imposed on residents
218 with neither their consent nor control.
219 [
220 who are experiencing or have recently experienced drug or alcohol intoxication, that are
221 provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
222 Facility Licensing and Inspection Act, and that include:
223 (a) room and board for persons who are unrelated to the owner or manager of the
224 facility;
225 (b) specialized rehabilitation to acquire sobriety; and
226 (c) aftercare services.
227 [
228 (a) designed to provide:
229 (i) specialized drug or alcohol treatment;
230 (ii) rehabilitation; or
231 (iii) habilitation services; and
232 (b) that provides the treatment or services described in Subsection (32)(a) to persons
233 with:
234 (i) a diagnosed substance abuse disorder; or
235 (ii) chemical dependency disorder.
236 [
237 (a) for four or more individuals that are not related to:
238 (i) the owner of the facility; or
239 (ii) the primary service provider of the facility;
240 (b) that serves students who have a history of failing to function:
241 (i) at home;
242 (ii) in a public school; or
243 (iii) in a nonresidential private school; and
244 (c) that offers:
245 (i) room and board; and
246 (ii) an academic education integrated with:
247 (A) specialized structure and supervision; or
248 (B) services or treatment related to:
249 (I) a disability;
250 (II) emotional development;
251 (III) behavioral development;
252 (IV) familial development; or
253 (V) social development.
254 [
255 grandparents, brothers, sisters, uncles, or aunts.
256 [
257 permanent mental or physical impairment that substantially affects the person's ability to:
258 (a) provide personal protection;
259 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
260 (c) obtain services necessary for health, safety, or welfare;
261 (d) carry out the activities of daily living;
262 (e) manage the adult's own resources; or
263 (f) comprehend the nature and consequences of remaining in a situation of abuse,
264 neglect, or exploitation.
265 [
266 behavioral, substance abuse, or mental health services to minors that:
267 (i) serves adjudicated or nonadjudicated youth;
268 (ii) charges a fee for its services;
269 (iii) may or may not provide host homes or other arrangements for overnight
270 accommodation of the youth;
271 (iv) may or may not provide all or part of its services in the outdoors;
272 (v) may or may not limit or censor access to parents or guardians; and
273 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
274 minor's own free will.
275 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
276 Scouts, 4-H, and other such organizations.
277 Section 2. Section 62A-2-117 is amended to read:
278 62A-2-117. Licensure of tribal foster homes.
279 (1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian
280 tribes may develop and implement tribal foster home standards.
281 (2) The office shall give full faith and credit to an Indian tribe's certification or
282 licensure of a tribal foster [
283 both on and off Indian country, according to standards developed and approved by the Indian
284 tribe, pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
285 (3) If the Indian tribe has not developed standards, the office shall license tribal foster
286 homes pursuant to this chapter.
287 Section 3. Section 62A-4a-101 is amended to read:
288 62A-4a-101. Definitions.
289 As used in this chapter:
290 (1) "Abuse" is as defined in Section 78A-6-105.
291 (2) "Adoption services" means:
292 (a) placing children for adoption;
293 (b) subsidizing adoptions under Section 62A-4a-105;
294 (c) supervising adoption placements until the adoption is finalized by the court;
295 (d) conducting adoption studies;
296 (e) preparing adoption reports upon request of the court; and
297 (f) providing postadoptive placement services, upon request of a family, for the
298 purpose of stabilizing a possible disruptive placement.
299 (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
300 Children, a person under 18 years of age.
301 [
302 [
303 [
304 accordance with this chapter.
305 (7) "Custody," with regard to the division, means the custody of a minor in the division
306 as of the date of disposition.
307 (8) "Day-care services" means care of a child for a portion of the day which is less than
308 24 hours:
309 (a) in the child's own home by a responsible person; or
310 (b) outside of the child's home in a:
311 (i) day-care center;
312 (ii) family group home; or
313 (iii) family child care home.
314 (9) "Dependent child" or "dependency" means a child, or the condition of a child, who
315 is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
316 (10) "Director" means the director of the Division of Child and Family Services.
317 (11) "Division" means the Division of Child and Family Services.
318 (12) "Domestic violence services" means:
319 (a) temporary shelter, treatment, and related services to:
320 (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
321 (ii) the dependent children of a person described in Subsection (12)(a)(i); and
322 (b) treatment services for a person who is alleged to have committed, has been
323 convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
324 (13) "Harm" is as defined in Section 78A-6-105.
325 (14) "Homemaking service" means the care of individuals in their domiciles, and help
326 given to individual caretaker relatives to achieve improved household and family management
327 through the services of a trained homemaker.
328 (15) "Incest" is as defined in Section 78A-6-105.
329 (16) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
330 (17) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
331 [
332 Placement of Children:
333 (a) a child; or
334 (b) a person:
335 (i) who is at least 18 years of age and younger than 21 years of age; and
336 (ii) for whom the division has been specifically ordered by the juvenile court to provide
337 services.
338 [
339 [
340 includes a minor's noncustodial parent.
341 [
342 [
343 child by the division from the time the child is removed from the child's home until the earlier
344 of:
345 (a) the shelter hearing; or
346 (b) the child's return home.
347 [
348 (a) in response to evidence of neglect, abuse, or dependency of a child;
349 (b) to a cohabitant who is neglecting or abusing a child, in order to:
350 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
351 causes of neglect or abuse; and
352 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
353 (c) in cases where the child's welfare is endangered:
354 (i) to bring the situation to the attention of the appropriate juvenile court and law
355 enforcement agency;
356 (ii) to cause a protective order to be issued for the protection of the child, when
357 appropriate; and
358 (iii) to protect the child from the circumstances that endanger the child's welfare
359 including, when appropriate:
360 (A) removal from the child's home;
361 (B) placement in substitute care; and
362 (C) petitioning the court for termination of parental rights.
363 [
364 [
365 [
366 [
367 [
368 [
369 (a) a state of the United States;
370 (b) the District of Columbia;
371 (c) the Commonwealth of Puerto Rico;
372 (d) the Virgin Islands;
373 (e) Guam;
374 (f) the Commonwealth of the Northern Mariana Islands; or
375 (g) a territory or possession administered by the United States.
376 [
377 youth, and family services administered by the division in accordance with federal law.
378 [
379 but for the age of the offender.
380 [
381 [
382 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
383 identified in a given case shall be considered separately in determining whether there should be
384 a finding of substantiated.
385 [
386 (a) the placement of a minor in a family home, group care facility, or other placement
387 outside the minor's own home, either at the request of a parent or other responsible relative, or
388 upon court order, when it is determined that continuation of care in the minor's own home
389 would be contrary to the minor's welfare;
390 (b) services provided for a minor awaiting placement; and
391 (c) the licensing and supervision of a substitute care facility.
392 [
393 available at the completion of an investigation that there is a reasonable basis to conclude that
394 abuse, neglect, or dependency occurred. Each allegation made or identified during the course
395 of the investigation shall be considered separately in determining whether there should be a
396 finding of supported.
397 [
398 child in the division from the date of the shelter hearing until disposition.
399 [
400 with escort service, if necessary, to and from community facilities and resources as part of a
401 service plan.
402 [
403 evidence to conclude that abuse or neglect occurred.
404 [
405 there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
406 However, a finding of unsupported means also that the division worker did not conclude that
407 the allegation was without merit.
408 [
409 the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
410 or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
411 Section 4. Section 62A-4a-105 is amended to read:
412 62A-4a-105. Division responsibilities.
413 (1) The division shall:
414 (a) administer services to minors and families, including:
415 (i) child welfare services;
416 (ii) domestic violence services; and
417 (iii) all other responsibilities that the Legislature or the executive director may assign
418 to the division;
419 (b) provide the following services:
420 (i) financial and other assistance to an individual adopting a child with special needs
421 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
422 child as a legal ward of the state;
423 (ii) non-custodial and in-home services, including:
424 (A) services designed to prevent family break-up; and
425 (B) family preservation services;
426 (iii) reunification services to families whose children are in substitute care in
427 accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
428 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
429 or neglect of a child in that family;
430 (v) shelter care in accordance with the requirements of this chapter and Title 78A,
431 Chapter 6, Juvenile Court Act;
432 (vi) domestic violence services, in accordance with the requirements of federal law;
433 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
434 and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
435 Part 3, Abuse, Neglect, and Dependency Proceedings;
436 (viii) substitute care for dependent, abused, neglected, and delinquent children;
437 (ix) programs and services for minors who have been placed in the custody of the
438 division for reasons other than abuse or neglect, under Section 62A-4a-250;
439 (x) services for minors who are victims of human trafficking or human smuggling as
440 described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
441 solicitation as defined in Section 76-10-1302; and
442 (xi) training for staff and providers involved in the administration and delivery of
443 services offered by the division in accordance with this chapter;
444 (c) establish standards for all:
445 (i) contract providers of out-of-home care for minors and families;
446 (ii) facilities that provide substitute care for dependent, abused, neglected, and
447 delinquent children placed in the custody of the division; and
448 (iii) direct or contract providers of domestic violence services described in Subsection
449 (1)(b)(vi);
450 (d) have authority to:
451 (i) contract with a private, nonprofit organization to recruit and train foster care
452 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
453 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
454 provide substitute care for dependent, abused, neglected, and delinquent children placed in the
455 custody of the division;
456 (e) cooperate with the federal government in the administration of child welfare and
457 domestic violence programs and other human service activities assigned by the department;
458 (f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
459 division records to the same extent that the division is required to protect division records,
460 cooperate with and share all appropriate information in the division's possession regarding an
461 Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
462 with the Indian tribe that is affiliated with the Indian child;
463 [
464 laws enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
465 runaway children, and status offenders, in accordance with the requirements of this chapter,
466 unless administration is expressly vested in another division or department of the state;
467 [
468 Workforce Services in meeting the social and economic needs of an individual who is eligible
469 for public assistance;
470 [
471 matters in the state;
472 [
473 of the operation and administration of the division in accordance with the requirements of
474 Sections 62A-4a-117 and 62A-4a-118;
475 [
476 Section 78A-6-605;
477 [
478 domestic violence services and treatment methods;
479 [
480 regarding the number of children in the custody of the division who:
481 (i) have a permanency goal of adoption; or
482 (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
483 and promote adoption of those children;
484 [
485 division to the local substance abuse authority or other private or public resource for a
486 court-ordered drug screening test; and
487 [
488 (2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
489 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
490 with all public and private licensed child welfare agencies and institutions[
491 administer a broad range of services and support;
492 (ii) take the initiative in all matters involving the protection of abused or neglected
493 children, if adequate provisions have not been made or are not likely to be made; and
494 (iii) make expenditures necessary for the care and protection of the children described
495 in this Subsection (2)(a), within the division's budget.
496 (b) When an individual is referred to a local substance abuse authority or other private
497 or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
498 order the individual to pay all costs of the tests unless:
499 (i) the cost of the drug screening is specifically funded or provided for by other federal
500 or state programs;
501 (ii) the individual is a participant in a drug court; or
502 (iii) the court finds that the individual is impecunious.
503 (3) Except to the extent provided by rule, the division is not responsible for
504 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
505 (4) The division may not require a parent who has a child in the custody of the division
506 to pay for some or all of the cost of any drug testing the parent is required to undergo.
507 Section 5. Section 62A-4a-412 is amended to read:
508 62A-4a-412. Reports and information confidential.
509 (1) Except as otherwise provided in this chapter, reports made [
510 part, as well as any other information in the possession of the division obtained as the result of
511 a report are private, protected, or controlled records under Title 63G, Chapter 2, Government
512 Records Access and Management Act, and may only be made available to:
513 (a) a police or law enforcement agency investigating a report of known or suspected
514 abuse or neglect;
515 (b) a physician who reasonably believes that a child may be the subject of abuse or
516 neglect;
517 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
518 who is the subject of a report;
519 (d) a contract provider that has a written contract with the division to render services to
520 a minor who is the subject of a report;
521 (e) except as provided in Subsection 63G-2-202(10), a subject of the report, the natural
522 parents of the child, and the guardian ad litem;
523 (f) a court, upon a finding that access to the records may be necessary for the
524 determination of an issue before the court, provided that in a divorce, custody, or related
525 proceeding between private parties, the record alone is:
526 (i) limited to objective or undisputed facts that were verified at the time of the
527 investigation; and
528 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
529 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
530 neglect of another person;
531 (g) an office of the public prosecutor or its deputies in performing an official duty;
532 (h) a person authorized by a Children's Justice Center, for the purposes described in
533 Section 67-5b-102;
534 (i) a person engaged in bona fide research, when approved by the director of the
535 division, if the information does not include names and addresses;
536 (j) the State Board of Education, acting on behalf of itself or on behalf of a school
537 district, for the purpose of evaluating whether an individual should be permitted to obtain or
538 retain a license as an educator or serve as an employee or volunteer in a school, limited to
539 information with substantiated findings involving an alleged sexual offense, an alleged felony
540 or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
541 Chapter 5, Offenses Against the Person, and with the understanding that the office must
542 provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
543 to the report before making a decision concerning licensure or employment;
544 (k) any person identified in the report as a perpetrator or possible perpetrator of abuse
545 or neglect, after being advised of the screening prohibition in Subsection (2);
546 (l) except as provided in Subsection 63G-2-202(10), a person filing a petition for a
547 child protective order on behalf of a child who is the subject of the report; [
548 (m) a licensed child-placing agency or person who is performing a preplacement
549 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
550 78B-6-130[
551 (n) an Indian tribe to:
552 (i) certify or license a foster home;
553 (ii) render services to a subject of a report; or
554 (iii) investigate an allegation of abuse, neglect, or dependency.
555 (2) (a) A person, unless listed in Subsection (1), may not request another person to
556 obtain or release a report or any other information in the possession of the division obtained as
557 a result of the report that is available under Subsection (1)(k) to screen for potential
558 perpetrators of abuse or neglect.
559 (b) A person who requests information knowing that it is a violation of Subsection
560 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
561 (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
562 and law enforcement officials shall ensure the anonymity of the person or persons making the
563 initial report and any others involved in its subsequent investigation.
564 (b) Notwithstanding any other provision of law, excluding Section 78A-6-317, but
565 including this chapter and Title 63G, Chapter 2, Government Records Access and Management
566 Act, when the division makes a report or other information in its possession available under
567 Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from
568 the report or other information only the names, addresses, and telephone numbers of
569 individuals or specific information that could:
570 (i) identify the referent;
571 (ii) impede a criminal investigation; or
572 (iii) endanger a person's safety.
573 (4) Any person who wilfully permits, or aides and abets the release of data or
574 information obtained as a result of this part, in the possession of the division or contained on
575 any part of the Management Information System, in violation of this part or Sections
576 62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
577 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
578 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
579 good faith pursuant to this part.
580 (6) A child-placing agency or person who receives a report in connection with a
581 preplacement adoptive evaluation pursuant to Sections 78B-6-128 and 78B-6-130:
582 (a) may provide this report to the person who is the subject of the report; and
583 (b) may provide this report to a person who is performing a preplacement adoptive
584 evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
585 licensed child-placing agency or to an attorney seeking to facilitate an adoption.
586 Section 6. Section 62A-4a-1003 is amended to read:
587 62A-4a-1003. Management Information System -- Requirements -- Contents --
588 Purpose -- Access.
589 (1) (a) The division shall develop and implement a Management Information System
590 that meets the requirements of this section and the requirements of federal law and regulation.
591 (b) The information and records contained in the Management Information System:
592 (i) are protected records under Title 63G, Chapter 2, Government Records Access and
593 Management Act; and
594 (ii) except as provided in Subsections (1)(c) and (d), are available only to a person with
595 statutory authorization under Title 63G, Chapter 2, Government Records Access and
596 Management Act, to review the information and records described in this Subsection (1)(b).
597 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
598 Subsection (1)(b) are available to a person:
599 (i) as provided under Subsection (6) or Section 62A-4a-1006; or
600 (ii) who has specific statutory authorization to access the information or records for the
601 purpose of assisting the state with state and federal requirements to maintain information solely
602 for the purpose of protecting minors and providing services to families in need.
603 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
604 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
605 be provided by the division:
606 (i) to comply with abuse and neglect registry checks requested by other states; and
607 (ii) to the United States Department of Health and Human Services for purposes of
608 maintaining an electronic national registry of substantiated cases of abuse and neglect.
609 (2) With regard to all child welfare cases, the Management Information System shall
610 provide each caseworker and the department's office of licensing, exclusively for the purposes
611 of foster parent licensure and monitoring, with a complete history of each child in that worker's
612 caseload, including:
613 (a) a record of all past action taken by the division with regard to that child and the
614 child's siblings;
615 (b) the complete case history and all reports and information in the control or keeping
616 of the division regarding that child and the child's siblings;
617 (c) the number of times the child has been in the custody of the division;
618 (d) the cumulative period of time the child has been in the custody of the division;
619 (e) a record of all reports of abuse or neglect received by the division with regard to
620 that child's parent, parents, or guardian including:
621 (i) for each report, documentation of the:
622 (A) latest status; or
623 (B) final outcome or determination; and
624 (ii) information that indicates whether each report was found to be:
625 (A) supported;
626 (B) unsupported;
627 (C) substantiated by a juvenile court;
628 (D) unsubstantiated by a juvenile court; or
629 (E) without merit;
630 (f) the number of times the child's parent or parents failed any child and family plan;
631 and
632 (g) the number of different caseworkers who have been assigned to that child in the
633 past.
634 (3) The division's Management Information System shall:
635 (a) contain all key elements of each family's current child and family plan, including:
636 (i) the dates and number of times the plan has been administratively or judicially
637 reviewed;
638 (ii) the number of times the parent or parents have failed that child and family plan;
639 and
640 (iii) the exact length of time the child and family plan has been in effect; and
641 (b) alert caseworkers regarding deadlines for completion of and compliance with
642 policy, including child and family plans.
643 (4) With regard to all child protective services cases, the Management Information
644 System shall:
645 (a) monitor the compliance of each case with:
646 (i) division rule and policy;
647 (ii) state law; and
648 (iii) federal law and regulation; and
649 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
650 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
651 the alleged perpetrator.
652 (5) Except as provided in Subsection (6) regarding contract providers and Section
653 62A-4a-1006 regarding limited access to the Licensing Information System, all information
654 contained in the division's Management Information System is available to the department,
655 upon the approval of the executive director, on a need-to-know basis.
656 (6) (a) Subject to this Subsection (6), the division may allow [
657 contract providers, court clerks designated by the Administrative Office of the Courts, [
658 Office of Guardian Ad Litem, or an Indian tribe to have limited access to the Management
659 Information System.
660 (b) A division contract provider or Indian tribe has access only to information about a
661 person who is currently receiving services from that specific contract provider or Indian tribe.
662 (c) (i) Designated court clerks may only have access to information necessary to
663 comply with Subsection 78B-7-202(2).
664 (ii) The Office of Guardian Ad Litem may access only the information that:
665 (A) relates to children and families where the Office of Guardian Ad Litem is
666 appointed by a court to represent the interests of the children; and
667 (B) except as provided in Subsection (6)(d), is entered into the Management
668 Information System on or after July 1, 2004.
669 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of Guardian Ad Litem shall
670 have access to all abuse and neglect referrals about children and families where the office has
671 been appointed by a court to represent the interests of the children, regardless of the date that
672 the information is entered into the Management Information System.
673 (e) Each contract provider [
674 Ad Litem, and Indian tribe who requests access to information contained in the Management
675 Information System shall:
676 (i) take all necessary precautions to safeguard the security of the information contained
677 in the Management Information System;
678 (ii) train its employees regarding:
679 (A) requirements for protecting the information contained in the Management
680 Information System as required by this chapter and under Title 63G, Chapter 2, Government
681 Records Access and Management Act; and
682 (B) the criminal penalties under Sections 62A-4a-412 and 63G-2-801 for improper
683 release of information; and
684 (iii) monitor its employees to ensure that they protect the information contained in the
685 Management Information System as required by law.
686 (f) The division shall take reasonable precautions to ensure that its contract providers
687 comply with the requirements of this Subsection (6).
688 (7) The division shall take all necessary precautions, including password protection and
689 other appropriate and available technological techniques, to prevent unauthorized access to or
690 release of information contained in the Management Information System.
Legislative Review Note
Office of Legislative Research and General Counsel