7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to child welfare.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions and defines terms;
13 ▸ repeals a requirement that the Child Welfare Training Coordinator be appointed by
14 the director of the Division of Child and Family Services;
15 ▸ modifies the training requirements for caseworkers of the Division of Child and
16 Family Services;
17 ▸ allows certain information and records contained in the Management Information
18 System developed by the Division of Child and Family Services to be classified as
19 private or controlled under the Government Records Access and Management Act;
20 ▸ allows the Division of Child and Family Services to share a record related to a
21 report or an investigation of child abuse or neglect with the Division of Substance
22 Abuse and Mental Health, the Department of Health, or a local substance abuse
23 authority for the purpose of providing substance abuse treatment to a parent of a
24 newborn child;
25 ▸ directs the Division of Substance Abuse and Mental Health to coordinate with the
26 Department of Health and other health care providers to develop a program to reduce substance
27 abuse by parents of a newborn child;
28 ▸ requires the Department of Human Services to perform a review of a child who has
29 suffered a near fatality and is the subject of an open case for child welfare services
30 within one year of the near fatality;
31 ▸ modifies the fatality review process of the Department of Human Services to allow
32 review of near fatalities of children;
33 ▸ modifies the requirements giving notice of a summons for a parent or guardian of a
34 juvenile proceeding;
35 ▸ modifies the requirements for returning a child to the custody of a parent or
36 guardian in a shelter hearing;
37 ▸ repeals provisions that prohibit disclosure of child abuse, neglect, or dependency
38 reports that are unsubstantiated, unsupported, or without merit to an individual who
39 is not the alleged perpetrator;
40 ▸ prohibits a court from receiving certain child abuse, neglect, or dependency reports
41 that are unsubstantiated, unsupported, or without merit into evidence without a
42 finding of good cause;
43 ▸ clarifies that an adjudication for abuse, neglect, or dependency of a child, or
44 termination or restoration of parental rights may not be expunged;
45 ▸ modifies the type of records that a court may order sealed in a juvenile
46 expungement proceeding; and
47 ▸ makes technical and conforming changes.
48 Money Appropriated in this Bill:
50 Other Special Clauses:
51 This bill provides a coordination clause.
52 Utah Code Sections Affected:
54 52-4-205, as last amended by Laws of Utah 2020, Chapters 12 and 201
55 62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
56 62A-4a-107, as last amended by Laws of Utah 2013, Chapter 171
57 62A-4a-402, as last amended by Laws of Utah 2008, Chapter 299
58 62A-4a-404, as last amended by Laws of Utah 2020, Chapter 193
59 62A-4a-412, as last amended by Laws of Utah 2020, Chapters 193 and 258
60 62A-4a-1003, as last amended by Laws of Utah 2019, Chapter 335
61 62A-15-103, as last amended by Laws of Utah 2020, Chapter 193
62 62A-16-102, as last amended by Laws of Utah 2019, Chapter 139
63 62A-16-201, as last amended by Laws of Utah 2019, Chapter 139
64 62A-16-202, as enacted by Laws of Utah 2010, Chapter 239
65 62A-16-203, as enacted by Laws of Utah 2010, Chapter 239
66 62A-16-204, as last amended by Laws of Utah 2019, Chapter 139
67 62A-16-301, as last amended by Laws of Utah 2019, Chapter 139
68 62A-16-302, as last amended by Laws of Utah 2011, Chapter 343
69 63G-2-202, as last amended by Laws of Utah 2020, Chapter 255
70 63G-2-305, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
71 and 393
72 63G-2-305.5, as enacted by Laws of Utah 2020, Chapter 349
73 78A-6-105, as last amended by Laws of Utah 2020, Chapters 214, 312 and last
74 amended by Coordination Clause, Laws of Utah 2020, Chapter 214
75 78A-6-109, as last amended by Laws of Utah 2017, Chapter 330
76 78A-6-306, as last amended by Laws of Utah 2020, Chapters 158 and 214
77 78A-6-317, as last amended by Laws of Utah 2019, Chapters 326 and 335
78 78A-6-1503, as renumbered and amended by Laws of Utah 2020, Chapter 218
79 Utah Code Sections Affected by Coordination Clause:
80 80-3-107, Utah Code Annotated 1953
81 80-3-110, Utah Code Annotated 1953
83 Be it enacted by the Legislature of the state of Utah:
84 Section 1. Section 52-4-205 is amended to read:
85 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
87 (1) A closed meeting described under Section 52-4-204 may only be held for:
88 (a) except as provided in Subsection (3), discussion of the character, professional
89 competence, or physical or mental health of an individual;
90 (b) strategy sessions to discuss collective bargaining;
91 (c) strategy sessions to discuss pending or reasonably imminent litigation;
92 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
93 including any form of a water right or water shares, if public discussion of the transaction
95 (i) disclose the appraisal or estimated value of the property under consideration; or
96 (ii) prevent the public body from completing the transaction on the best possible terms;
97 (e) strategy sessions to discuss the sale of real property, including any form of a water
98 right or water shares, if:
99 (i) public discussion of the transaction would:
100 (A) disclose the appraisal or estimated value of the property under consideration; or
101 (B) prevent the public body from completing the transaction on the best possible terms;
102 (ii) the public body previously gave public notice that the property would be offered for
103 sale; and
104 (iii) the terms of the sale are publicly disclosed before the public body approves the
106 (f) discussion regarding deployment of security personnel, devices, or systems;
107 (g) investigative proceedings regarding allegations of criminal misconduct;
108 (h) as relates to the Independent Legislative Ethics Commission, conducting business
109 relating to the receipt or review of ethics complaints;
110 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
111 Subsection 52-4-204(1)(a)(iii)(C);
112 (j) as relates to the Independent Executive Branch Ethics Commission created in
113 Section 63A-14-202, conducting business relating to an ethics complaint;
114 (k) as relates to a county legislative body, discussing commercial information as
115 defined in Section 59-1-404;
116 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
117 board of directors, discussing fiduciary or commercial information as defined in Section
119 (m) deliberations, not including any information gathering activities, of a public body
120 acting in the capacity of:
121 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
122 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
123 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
124 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
125 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
126 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
127 Procurement Appeals Board;
128 (n) the purpose of considering information that is designated as a trade secret, as
129 defined in Section 13-24-2, if the public body's consideration of the information is necessary in
130 order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
131 (o) the purpose of discussing information provided to the public body during the
132 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
133 the meeting:
134 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
135 disclosed to a member of the public or to a participant in the procurement process; and
136 (ii) the public body needs to review or discuss the information in order to properly
137 fulfill its role and responsibilities in the procurement process;
138 (p) as relates to the governing board of a governmental nonprofit corporation, as that
139 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
140 as a trade secret, as that term is defined in Section 13-24-2, if:
141 (i) public knowledge of the discussion would reasonably be expected to result in injury
142 to the owner of the trade secret; and
143 (ii) discussion of the information is necessary for the governing board to properly
144 discharge the board's duties and conduct the board's business; or
145 (q) a purpose for which a meeting is required to be closed under Subsection (2).
146 (2) The following meetings shall be closed:
147 (a) a meeting of the Health and Human Services Interim Committee to review a
149 report described in Subsections 62A-16-301(2) and (4);
150 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
151 (i) review a [
152 responses to the report described in Subsections 62A-16-301(2) and (4); or
153 (ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5);
154 (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
155 Section 26-7-13, to review and discuss an individual case, as described in Subsection
156 26-7-13(10); [
157 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
158 purpose of advising the Natural Resource Conservation Service of the United States
159 Department of Agriculture on a farm improvement project if the discussed information is
160 protected information under federal law; and
161 (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for
162 the purpose of reviewing petitions for a medical cannabis card in accordance with Section
164 (3) In a closed meeting, a public body may not:
165 (a) interview a person applying to fill an elected position;
166 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
167 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
169 (c) discuss the character, professional competence, or physical or mental health of the
170 person whose name was submitted for consideration to fill a midterm vacancy or temporary
171 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
172 Temporary Absence in Elected Office.
173 Section 2. Section 62A-4a-101 is amended to read:
174 62A-4a-101. Definitions.
175 As used in this chapter:
176 (1) "Abuse" means the same as that term is defined in Section 78A-6-105.
177 (2) "Adoption services" means:
178 (a) placing children for adoption;
179 (b) subsidizing adoptions under Section 62A-4a-105;
180 (c) supervising adoption placements until the adoption is finalized by the court;
181 (d) conducting adoption studies;
182 (e) preparing adoption reports upon request of the court; and
183 (f) providing postadoptive placement services, upon request of a family, for the
184 purpose of stabilizing a possible disruptive placement.
185 (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
186 Children, [
187 (4) "Child protection team" means a team consisting of:
188 (a) the caseworker assigned to the case;
189 (b) the caseworker who made the decision to remove the child;
190 (c) a representative of the school or school district where the child attends school;
191 (d) the peace officer who removed the child from the home;
192 (e) a representative of the appropriate Children's Justice Center, if one is established
193 within the county where the child resides;
194 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
195 with the child's circumstances;
196 (g) members of a child protection unit; and
197 (h) any other individuals determined appropriate and necessary by the team coordinator
198 and chair.
199 (5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
200 city, town, metro township, or county that is composed of at least the following individuals
201 who are trained in the prevention, identification, and treatment of abuse or neglect:
202 (a) a law enforcement officer, as defined in Section 53-13-103; and
203 (b) a child advocate selected by the chief of police or a sheriff.
204 (6) (a) "Chronic abuse" means repeated or patterned abuse.
205 (b) "Chronic abuse" does not mean an isolated incident of abuse.
206 (7) (a) "Chronic neglect" means repeated or patterned neglect.
207 (b) "Chronic neglect" does not mean an isolated incident of neglect.
208 (8) "Consult" means an interaction between two persons in which the initiating person:
209 (a) provides information to another person;
210 (b) provides the other person an opportunity to respond; and
211 (c) takes the other person's response, if any, into consideration.
212 (9) "Consumer" means a person who receives services offered by the division in
213 accordance with this chapter.
214 (10) "Custody," with regard to the division, means the custody of a minor in the
215 division as of the date of disposition.
216 (11) "Day-care services" means care of a child for a portion of the day which is less
217 than 24 hours:
218 (a) in the child's own home by a responsible [
219 (b) outside of the child's home in a:
220 (i) day-care center;
221 (ii) family group home; or
222 (iii) family child care home.
223 (12) "Dependent child" or "dependency" means a child, or the condition of a child, who
224 is [
226 (13) "Director" means the director of the Division of Child and Family Services.
227 (14) "Division" means the Division of Child and Family Services.
228 (15) "Domestic violence services" means:
229 (a) temporary shelter, treatment, and related services to:
230 (i) [
232 (ii) the dependent children of [
233 defined in Section 78B-7-102; and
234 (b) treatment services for [
235 has been convicted of, or has pled guilty to, an act of domestic violence as defined in Section
237 (16) "Harm" means the same as that term is defined in Section 78A-6-105.
238 (17) "Homemaking service" means the care of individuals in their domiciles, and help
239 given to individual caretaker relatives to achieve improved household and family management
240 through the services of a trained homemaker.
241 (18) "Incest" means the same as that term is defined in Section 78A-6-105.
242 (19) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
243 (20) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
244 (21) "Minor" means, except as provided in Part 7, Interstate Compact on Placement of
246 (a) a child; or
247 (b) [
248 (i) who is at least 18 years [
249 (ii) for whom the division has been specifically ordered by the juvenile court to provide
251 (22) "Molestation" means the same as that term is defined in Section 78A-6-105.
252 (23) "Mutual case" means a case that has been:
253 (a) opened by the division under the division's discretion and procedures;
254 (b) opened by the law enforcement agency with jurisdiction over the case; and
255 (c) accepted for investigation by the child protection unit established by the chief of
256 police or sheriff, as applicable.
257 (24) "Natural parent" means a minor's biological or adoptive parent, and includes a
258 minor's noncustodial parent.
259 (25) "Neglect" means the same as that term is defined in Section 78A-6-105.
260 (26) "Protective custody," with regard to the division, means the shelter of a child by
261 the division from the time the child is removed from the child's home until the earlier of:
262 (a) the shelter hearing; or
263 (b) the child's return home.
264 (27) "Protective services" means expedited services that are provided:
265 (a) in response to evidence of neglect, abuse, or dependency of a child;
266 (b) to a cohabitant who is neglecting or abusing a child, in order to:
267 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
268 causes of neglect or abuse; and
269 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
270 (c) in cases where the child's welfare is endangered:
271 (i) to bring the situation to the attention of the appropriate juvenile court and law
272 enforcement agency;
273 (ii) to cause a protective order to be issued for the protection of the child, when
274 appropriate; and
275 (iii) to protect the child from the circumstances that endanger the child's welfare
276 including, when appropriate:
277 (A) removal from the child's home;
278 (B) placement in substitute care; and
279 (C) petitioning the court for termination of parental rights.
280 (28) "Severe abuse" means the same as that term is defined in Section 78A-6-105.
281 (29) "Severe neglect" means the same as that term is defined in Section 78A-6-105.
282 (30) "Sexual abuse" means the same as that term is defined in Section 78A-6-105.
283 (31) "Sexual exploitation" means the same as that term is defined in Section
285 (32) "Shelter care" means the temporary care of a minor in a nonsecure facility.
286 (33) "Sibling" means a child who shares or has shared at least one parent in common
287 either by blood or adoption.
288 (34) "Sibling visitation" means services provided by the division to facilitate the
289 interaction between a child in division custody with a sibling of that child.
290 (35) "State" means:
291 (a) a state of the United States;
292 (b) the District of Columbia;
293 (c) the Commonwealth of Puerto Rico;
294 (d) the Virgin Islands;
295 (e) Guam;
296 (f) the Commonwealth of the Northern Mariana Islands; or
297 (g) a territory or possession administered by the United States.
298 (36) "State plan" means the written description of the programs for children, youth, and
299 family services administered by the division in accordance with federal law.
300 (37) "Status offense" means a violation of the law that would not be a violation but for
301 the age of the offender.
302 (38) "Substance abuse" means, except as provided in Section 62A-4a-404, the same as
303 that term is defined in Section 78A-6-105.
304 (39) "Substantiated" or "substantiation" means a judicial finding based on a
305 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
306 identified in a given case shall be considered separately in determining whether there should be
307 a finding of substantiated.
308 (40) "Substitute care" means:
309 (a) the placement of a minor in a family home, group care facility, or other placement
310 outside the minor's own home, either at the request of a parent or other responsible relative, or
311 upon court order, when it is determined that continuation of care in the minor's own home
312 would be contrary to the minor's welfare;
313 (b) services provided for a minor awaiting placement; and
314 (c) the licensing and supervision of a substitute care facility.
315 (41) "Supported" means a finding by the division based on the evidence available at the
316 completion of an investigation that there is a reasonable basis to conclude that abuse, neglect,
317 or dependency occurred. Each allegation made or identified during the course of the
318 investigation shall be considered separately in determining whether there should be a finding of
320 (42) "Temporary custody," with regard to the division, means the custody of a child in
321 the division from the date of the shelter hearing until disposition.
322 (43) "Threatened harm" means the same as that term is defined in Section 78A-6-105.
323 (44) "Transportation services" means travel assistance given to an individual with
324 escort service, if necessary, to and from community facilities and resources as part of a service
326 (45) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
327 conclude that abuse or neglect occurred.
328 (46) "Unsupported" means a finding by the division at the completion of an
329 investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency
330 occurred. However, a finding of unsupported means also that the division did not conclude
331 that the allegation was without merit.
332 (47) "Without merit" means a finding at the completion of an investigation by the
333 division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or
334 that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
335 Section 3. Section 62A-4a-107 is amended to read:
336 62A-4a-107. Mandatory education and training of caseworkers -- Development of
338 (1) There is created within the division a full-time position of [
341 (2) The child welfare training coordinator is not responsible for direct casework
342 services or the supervision of those services, but is required to:
343 (a) develop child welfare curriculum that:
344 (i) is current and effective, consistent with the division's mission and purpose for child
345 welfare; and
346 (ii) utilizes curriculum and resources from a variety of sources including those from:
347 (A) the public sector;
348 (B) the private sector; and
349 (C) inside and outside of the state;
350 (b) recruit, select, and supervise child welfare trainers;
351 (c) develop a statewide training program, including a budget and identification of
352 sources of funding to support that training;
353 (d) evaluate the efficacy of training in improving job performance;
354 (e) assist child protective services and foster care workers in developing and fulfilling
355 their individual training plans;
356 (f) monitor staff compliance with division training requirements and individual training
357 plans; and
358 (g) expand the collaboration between the division and schools of social work within
359 institutions of higher education in developing child welfare services curriculum, and in
360 providing and evaluating training.
362 coordinator, establish and ensure caseworker competency regarding a core curriculum for child
363 welfare services that [
365 (a) is driven by child safety and family well-being;
366 (b) emphasizes child and family voice;
367 (c) is trauma-informed, as defined in Section 63M-7-209; and
368 (d) is consistent with national child welfare practice standards.
383 (4) A child welfare caseworker shall complete training in:
384 (a) the legal duties of a child welfare caseworker;
385 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
386 of children, parents, and families at all stages of a case, including:
387 (i) initial contact;
388 (ii) [
389 (iii) [
390 (c) recognizing situations involving:
391 (i) substance abuse;
392 (ii) domestic violence;
393 (iii) abuse; and
394 (iv) neglect; and
395 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
396 the United States to the child welfare caseworker's job, including:
397 (i) search and seizure of evidence;
398 (ii) the warrant requirement;
399 (iii) exceptions to the warrant requirement; and
400 (iv) removing a child from the custody of the child's parent or guardian.
402 the [
403 in Subsection 62A-4a-1002(2).
405 (a) the importance of maintaining the parent-child relationship [
406 (b) the preference for providing in-home services over taking a child into protective
407 custody, both for the emotional well-being of the child and the efficient allocation of resources;
409 (c) the importance and priority of:
410 (i) kinship placement in the event a child must be taken into protective custody; and
411 (ii) guardianship placement, in the event the parent-child relationship is legally
412 terminated and no appropriate adoptive placement is available.
414 independent casework responsibilities, [
416 welfare caseworker has:
417 (a) completed the training described in Subsections (4), (5), and (6); and
418 (b) participated in sufficient skills development for a child welfare caseworker.
419 Section 4. Section 62A-4a-402 is amended to read:
420 62A-4a-402. Definitions.
421 As used in this part:
422 (1) "A person responsible for a child's care" means the child's parent, guardian, or other
423 person responsible for the child's care, whether in the same home as the child, a relative's
424 home, a group, family, or center day care facility, a foster care home, or a residential
426 (2) "Newborn child" means a child who is 30 days old or younger.
428 including, but not limited to, a child, parent, guardian, or other person responsible for a child's
430 Section 5. Section 62A-4a-404 is amended to read:
431 62A-4a-404. Fetal alcohol syndrome or spectrum disorder and drug dependency
432 -- Reporting requirements.
433 (1) As used in this section:
434 (a) "Health care provider" means:
435 (i) an individual licensed under:
436 (A) Title 58, Chapter 31b, Nurse Practice Act;
437 (B) Title 58, Chapter 44a, Nurse Midwife Practice Act;
438 (C) Title 58, Chapter 67, Utah Medical Practice Act;
439 (D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
440 (E) Title 58, Chapter 70a, Utah Physician Assistant Act; or
441 (F) Title 58, Chapter 77, Direct-Entry Midwife Act; or
442 (ii) an unlicensed individual who practices midwifery.
448 defined in Section 78A-6-105.
449 (ii) "Substance abuse" does not include use of drugs or other substances that are:
450 (A) obtained by lawful prescription and used as prescribed; or
451 (B) obtained in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act,
452 and used as recommended by a qualified medical provider.
453 (2) A health care provider who attends the birth of a newborn child or cares for a
454 newborn child and determines [
455 division as soon as possible:
456 (a) the newborn child:
457 (i) is adversely affected by the child's mother's substance abuse during pregnancy;
458 (ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
459 (iii) demonstrates drug or alcohol withdrawal symptoms; or
460 (b) the parent of the newborn child or a person responsible for the child's care
461 demonstrates functional impairment or an inability to care for the child as a result of the
462 parent's or person's substance abuse.
463 Section 6. Section 62A-4a-412 is amended to read:
464 62A-4a-412. Reports, information, and referrals confidential.
465 (1) Except as otherwise provided in this chapter, reports made under this part, as well
466 as any other information in the possession of the division obtained as the result of a report are
467 private, protected, or controlled records under Title 63G, Chapter 2, Government Records
468 Access and Management Act, and may only be made available to:
469 (a) a police or law enforcement agency investigating a report of known or suspected
470 abuse or neglect, including members of a child protection unit;
471 (b) a physician who reasonably believes that a child may be the subject of abuse or
473 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
474 who is the subject of a report;
475 (d) a contract provider that has a written contract with the division to render services to
476 a minor who is the subject of a report;
477 (e) [
478 natural parents of the child, and the guardian ad litem;
479 (f) a court, upon a finding that access to the records may be necessary for the
480 determination of an issue before the court, provided that in a divorce, custody, or related
481 proceeding between private parties, the record alone is:
482 (i) limited to objective or undisputed facts that were verified at the time of the
483 investigation; and
484 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
485 ultimate issue of whether or not [
486 level of abuse or neglect of another [
487 (g) an office of the public prosecutor or its deputies in performing an official duty;
488 (h) a person authorized by a Children's Justice Center, for the purposes described in
489 Section 67-5b-102;
490 (i) a person engaged in bona fide research, when approved by the director of the
491 division, if the information does not include names and addresses;
492 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
493 education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
494 individual should be permitted to obtain or retain a license as an educator or serve as an
495 employee or volunteer in a school, limited to information with substantiated or supported
496 findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
497 offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
498 the Person, and with the understanding that the office must provide the subject of a report
499 received under Subsection (1)(k) with an opportunity to respond to the report before making a
500 decision concerning licensure or employment;
501 (k) any [
502 perpetrator of abuse or neglect, after being advised of the screening prohibition in Subsection
504 (l) except as provided in Subsection 63G-2-202(10), a person filing a petition for a
505 child protective order on behalf of a child who is the subject of the report;
506 (m) a licensed child-placing agency or person who is performing a preplacement
507 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
509 (n) an Indian tribe to:
510 (i) certify or license a foster home;
511 (ii) render services to a subject of a report; or
512 (iii) investigate an allegation of abuse, neglect, or dependency; or
513 (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
514 local substance abuse authority, described in Section 17-43-201, for the purpose of providing
515 substance abuse treatment to a pregnant woman or a parent of a newborn child, or the services
516 described in Subsection 62A-15-103(2)(o).
517 (2) (a) A person, unless listed in Subsection (1), may not request another person to
518 obtain or release a report or any other information in the possession of the division obtained as
519 a result of the report that is available under Subsection (1)(k) to screen for potential
520 perpetrators of abuse or neglect.
521 (b) A person who requests information knowing that the request is a violation of
522 Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
523 (3) (a) Except as provided in Section 62A-4a-1007 [
524 division and law enforcement officials shall ensure the anonymity of the person or persons
525 making the initial report and any others involved in [
526 officials' subsequent investigation.
527 (b) Notwithstanding any other provision of law, excluding Section 78A-6-317, but
528 including this chapter and Title 63G, Chapter 2, Government Records Access and Management
529 Act, when the division makes a report or other information in the division's possession
530 available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
531 shall remove from the report or other information only the names, addresses, and telephone
532 numbers of individuals or specific information that could:
533 (i) identify the referent;
534 (ii) impede a criminal investigation; or
535 (iii) endanger [
536 (4) Any person who [
537 or information obtained as a result of this part, in the possession of the division or contained on
538 any part of the Management Information System, in violation of this part or Sections
539 62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
540 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
541 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
542 good faith [
543 (6) A child-placing agency or person who receives a report in connection with a
544 preplacement adoptive evaluation [
545 (a) may provide this report to the person who is the subject of the report; and
546 (b) may provide this report to a person who is performing a preplacement adoptive
547 evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
548 licensed child-placing agency or to an attorney seeking to facilitate an adoption.
549 (7) (a) Except as provided in Subsection (7)(b), in a divorce, custody, or related
550 proceeding between private parties, a court may not receive into evidence a report that:
551 (i) is provided to the court:
552 (A) under Subsection (1)(f); or
553 (B) by a parent of the child after the record is made available to the parent under
554 Subsection (1)(e);
555 (ii) describes a parent of the child as the alleged perpetrator; and
556 (iii) is found to be unsubstantiated, unsupported, or without merit.
557 (b) (i) After a motion to admit the report described in Subsection (7)(a) is made, the
558 court shall allow sufficient time for all subjects of the record to respond before making a
559 finding on the motion.
560 (ii) After considering the motion described in Subsection (7)(b), the court may receive
561 the report into evidence upon a finding on the record of good cause.
562 Section 7. Section 62A-4a-1003 is amended to read:
563 62A-4a-1003. Management Information System -- Requirements -- Contents --
564 Purpose -- Access.
565 (1) (a) The division shall develop and implement a Management Information System
566 that meets the requirements of this section and the requirements of federal law and regulation.
567 (b) The information and records contained in the Management Information System:
568 (i) are private, controlled, or protected records under Title 63G, Chapter 2, Government
569 Records Access and Management Act; and
570 (ii) except as provided in Subsections (1)(c) and (d), are available only to a person or
571 government entity with statutory authorization under Title 63G, Chapter 2, Government
572 Records Access and Management Act, to review the information and records described in this
573 Subsection (1)(b).
574 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
575 Subsection (1)(b) are available to a person:
576 (i) as provided under Subsection (6) or Section 62A-4a-1006; or
577 (ii) who has specific statutory authorization to access the information or records for the
578 purpose of assisting the state with state and federal requirements to maintain information solely
579 for the purpose of protecting minors and providing services to families in need.
580 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
581 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
582 be provided by the division:
583 (i) to comply with abuse and neglect registry checks requested by other states; and
584 (ii) to the United States Department of Health and Human Services for purposes of
585 maintaining an electronic national registry of supported or substantiated cases of abuse and
587 (2) With regard to all child welfare cases, the Management Information System shall
588 provide each caseworker and the department's office of licensing, exclusively for the purposes
589 of foster parent licensure and monitoring, with a complete history of each child in that worker's
590 caseload, including:
591 (a) a record of all past action taken by the division with regard to that child and the
592 child's siblings;
593 (b) the complete case history and all reports and information in the control or keeping
594 of the division regarding that child and the child's siblings;
595 (c) the number of times the child has been in the custody of the division;
596 (d) the cumulative period of time the child has been in the custody of the division;
597 (e) a record of all reports of abuse or neglect received by the division with regard to
598 that child's parent, parents, or guardian including:
599 (i) for each report, documentation of the:
600 (A) latest status; or
601 (B) final outcome or determination; and
602 (ii) information that indicates whether each report was found to be:
603 (A) supported;
604 (B) unsupported;
605 (C) substantiated;
606 (D) unsubstantiated; or
607 (E) without merit;
608 (f) the number of times the child's parent or parents failed any child and family plan;
610 (g) the number of different caseworkers who have been assigned to that child in the
612 (3) The division's Management Information System shall:
613 (a) contain all key elements of each family's current child and family plan, including:
614 (i) the dates and number of times the plan has been administratively or judicially
616 (ii) the number of times the parent or parents have failed that child and family plan;
618 (iii) the exact length of time the child and family plan has been in effect; and
619 (b) alert caseworkers regarding deadlines for completion of and compliance with
620 policy, including child and family plans.
621 (4) With regard to all child protective services cases, the Management Information
622 System shall:
623 (a) monitor the compliance of each case with:
624 (i) division rule;
625 (ii) state law; and
626 (iii) federal law and regulation; and
627 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
628 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
629 the alleged perpetrator.
630 (5) Except as provided in Subsection (6) regarding contract providers and Section
631 62A-4a-1006 regarding limited access to the Licensing Information System, all information
632 contained in the division's Management Information System is available to the department,
633 upon the approval of the executive director, on a need-to-know basis.
634 (6) (a) Subject to this Subsection (6), the division may allow the division's contract
635 providers, court clerks designated by the Administrative Office of the Courts, the Office of
636 Guardian Ad Litem, or an Indian tribe to have limited access to the Management Information
638 (b) A division contract provider or Indian tribe has access only to information about a
639 person who is currently receiving services from that specific contract provider or Indian tribe.
640 (c) (i) Designated court clerks may only have access to information necessary to
641 comply with Subsection 78B-7-202(2).
642 (ii) The Office of Guardian Ad Litem may access only the information that:
643 (A) relates to children and families where the Office of Guardian Ad Litem is
644 appointed by a court to represent the interests of the children; and
645 (B) except as provided in Subsection (6)(d), is entered into the Management
646 Information System on or after July 1, 2004.
647 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of Guardian Ad Litem shall
648 have access to all abuse and neglect referrals about children and families where the office has
649 been appointed by a court to represent the interests of the children, regardless of the date that
650 the information is entered into the Management Information System.
651 (e) Each contract provider, designated representative of the Office of Guardian Ad
652 Litem, and Indian tribe who requests access to information contained in the Management
653 Information System shall:
654 (i) take all necessary precautions to safeguard the security of the information contained
655 in the Management Information System;
656 (ii) train its employees regarding:
657 (A) requirements for protecting the information contained in the Management
658 Information System as required by this chapter and under Title 63G, Chapter 2, Government
659 Records Access and Management Act; and
660 (B) the criminal penalties under Sections 62A-4a-412 and 63G-2-801 for improper
661 release of information; and
662 (iii) monitor its employees to ensure that they protect the information contained in the
663 Management Information System as required by law.
664 (f) The division shall take reasonable precautions to ensure that its contract providers
665 comply with the requirements of this Subsection (6).
666 (7) The division shall take all necessary precautions, including password protection and
667 other appropriate and available technological techniques, to prevent unauthorized access to or
668 release of information contained in the Management Information System.
669 Section 8. Section 62A-15-103 is amended to read:
670 62A-15-103. Division -- Creation -- Responsibilities.
671 (1) (a) There is created the Division of Substance Abuse and Mental Health within the
672 department, under the administration and general supervision of the executive director.
673 (b) The division is the substance abuse authority and the mental health authority for
674 this state.
675 (2) The division shall:
676 (a) (i) educate the general public regarding the nature and consequences of substance
677 abuse by promoting school and community-based prevention programs;
678 (ii) render support and assistance to public schools through approved school-based
679 substance abuse education programs aimed at prevention of substance abuse;
680 (iii) promote or establish programs for the prevention of substance abuse within the
681 community setting through community-based prevention programs;
682 (iv) cooperate with and assist treatment centers, recovery residences, and other
683 organizations that provide services to individuals recovering from a substance abuse disorder,
684 by identifying and disseminating information about effective practices and programs;
685 (v) except as provided in Section 62A-15-103.5, make rules in accordance with Title
686 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
687 and private programs, minimum standards for public and private providers of substance abuse
688 and mental health programs licensed by the department under Title 62A, Chapter 2, Licensure
689 of Programs and Facilities;
690 (vi) promote integrated programs that address an individual's substance abuse, mental
691 health, physical health, and criminal risk factors;
692 (vii) establish and promote an evidence-based continuum of screening, assessment,
693 prevention, treatment, and recovery support services in the community for individuals with
694 substance use disorder and mental illness that addresses criminal risk factors;
695 (viii) evaluate the effectiveness of programs described in this Subsection (2);
696 (ix) consider the impact of the programs described in this Subsection (2) on:
697 (A) emergency department utilization;
698 (B) jail and prison populations;
699 (C) the homeless population; and
700 (D) the child welfare system; and
701 (x) promote or establish programs for education and certification of instructors to
702 educate [
703 driving with any measurable controlled substance in the body;
704 (b) (i) collect and disseminate information pertaining to mental health;
705 (ii) provide direction over the state hospital including approval of the state hospital's
706 budget, administrative policy, and coordination of services with local service plans;
707 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
708 Rulemaking Act, to educate families concerning mental illness and promote family
709 involvement, when appropriate, and with patient consent, in the treatment program of a family
710 member; and
711 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
712 Rulemaking Act, to direct that an individual receiving services through a local mental health
713 authority or the Utah State Hospital be informed about and, if desired by the individual,
714 provided assistance in the completion of a declaration for mental health treatment in
715 accordance with Section 62A-15-1002;
716 (c) (i) consult and coordinate with local substance abuse authorities and local mental
717 health authorities regarding programs and services;
718 (ii) provide consultation and other assistance to public and private agencies and groups
719 working on substance abuse and mental health issues;
720 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
721 medical and social agencies, public health authorities, law enforcement agencies, education and
722 research organizations, and other related groups;
723 (iv) promote or conduct research on substance abuse and mental health issues, and
724 submit to the governor and the Legislature recommendations for changes in policy and
726 (v) receive, distribute, and provide direction over public funds for substance abuse and
727 mental health services;
728 (vi) monitor and evaluate programs provided by local substance abuse authorities and
729 local mental health authorities;
730 (vii) examine expenditures of local, state, and federal funds;
731 (viii) monitor the expenditure of public funds by:
732 (A) local substance abuse authorities;
733 (B) local mental health authorities; and
734 (C) in counties where they exist, a private contract provider that has an annual or
735 otherwise ongoing contract to provide comprehensive substance abuse or mental health
736 programs or services for the local substance abuse authority or local mental health authority;
737 (ix) contract with local substance abuse authorities and local mental health authorities
738 to provide a comprehensive continuum of services that include community-based services for
739 individuals involved in the criminal justice system, in accordance with division policy, contract
740 provisions, and the local plan;
741 (x) contract with private and public entities for special statewide or nonclinical
742 services, or services for individuals involved in the criminal justice system, according to
743 division rules;
744 (xi) review and approve each local substance abuse authority's plan and each local
745 mental health authority's plan in order to ensure:
746 (A) a statewide comprehensive continuum of substance abuse services;
747 (B) a statewide comprehensive continuum of mental health services;
748 (C) services result in improved overall health and functioning;
749 (D) a statewide comprehensive continuum of community-based services designed to
750 reduce criminal risk factors for individuals who are determined to have substance abuse or
751 mental illness conditions or both, and who are involved in the criminal justice system;
752 (E) compliance, where appropriate, with the certification requirements in Subsection
753 (2)(j); and
754 (F) appropriate expenditure of public funds;
755 (xii) review and make recommendations regarding each local substance abuse
756 authority's contract with the local substance abuse authority's provider of substance abuse
757 programs and services and each local mental health authority's contract with the local mental
758 health authority's provider of mental health programs and services to ensure compliance with
759 state and federal law and policy;
760 (xiii) monitor and ensure compliance with division rules and contract requirements;
762 (xiv) withhold funds from local substance abuse authorities, local mental health
763 authorities, and public and private providers for contract noncompliance, failure to comply
764 with division directives regarding the use of public funds, or for misuse of public funds or
766 (d) ensure that the requirements of this part are met and applied uniformly by local
767 substance abuse authorities and local mental health authorities across the state;
768 (e) require each local substance abuse authority and each local mental health authority,
769 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
770 the division on or before May 15 of each year;
771 (f) conduct an annual program audit and review of each local substance abuse authority
772 and each local substance abuse authority's contract provider, and each local mental health
773 authority and each local mental health authority's contract provider, including:
774 (i) a review and determination regarding whether:
775 (A) public funds allocated to the local substance abuse authority or the local mental
776 health authorities are consistent with services rendered by the authority or the authority's
777 contract provider, and with outcomes reported by the authority's contract provider; and
778 (B) each local substance abuse authority and each local mental health authority is
779 exercising sufficient oversight and control over public funds allocated for substance use
780 disorder and mental health programs and services; and
781 (ii) items determined by the division to be necessary and appropriate; and
782 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
783 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
784 (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
785 supports services to an individual with:
786 (A) a substance use disorder;
787 (B) a mental health disorder; or
788 (C) a substance use disorder and a mental health disorder;
789 (ii) certify a person to carry out, as needed, the division's duty to train and certify an
790 adult as a peer support specialist;
791 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
792 Rulemaking Act, that:
793 (A) establish training and certification requirements for a peer support specialist;
794 (B) specify the types of services a peer support specialist is qualified to provide;
795 (C) specify the type of supervision under which a peer support specialist is required to
796 operate; and
797 (D) specify continuing education and other requirements for maintaining or renewing
798 certification as a peer support specialist; and
799 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
800 Rulemaking Act, that:
801 (A) establish the requirements for a person to be certified to carry out, as needed, the
802 division's duty to train and certify an adult as a peer support specialist; and
803 (B) specify how the division shall provide oversight of a person certified to train and
804 certify a peer support specialist;
805 (i) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
806 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and
807 requirements for the provision of substance use disorder and mental health treatment to an
808 individual who is incarcerated or who is required to participate in treatment by a court or by the
809 Board of Pardons and Parole, including:
810 (i) collaboration with the Department of Corrections and the Utah Substance Use and
811 Mental Health Advisory Council to develop and coordinate the standards, including standards
812 for county and state programs serving individuals convicted of class A and class B
814 (ii) determining that the standards ensure available treatment, including the most
815 current practices and procedures demonstrated by recognized scientific research to reduce
816 recidivism, including focus on the individual's criminal risk factors; and
817 (iii) requiring that all public and private treatment programs meet the standards
818 established under this Subsection (2)(i) in order to receive public funds allocated to the
819 division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
820 for the costs of providing screening, assessment, prevention, treatment, and recovery support;
821 (j) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
822 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures
823 for the certification of licensed public and private providers, including individuals licensed by
824 the Division of Occupational and Professional Licensing, programs licensed by the department,
825 and health care facilities licensed by the Department of Health, who provide, as part of their
826 practice, substance use disorder and mental health treatment to an individual involved in the
827 criminal justice system, including:
828 (i) collaboration with the Department of Corrections, the Utah Substance Use and
829 Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
830 and implement the certification process;
831 (ii) basing the certification process on the standards developed under Subsection (2)(i)
832 for the treatment of an individual involved in the criminal justice system; and
833 (iii) the requirement that a public or private provider of treatment to an individual
834 involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
835 shall renew the certification every two years, in order to qualify for funds allocated to the
836 division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
837 on or after July 1, 2016;
838 (k) collaborate with the Commission on Criminal and Juvenile Justice to analyze and
839 provide recommendations to the Legislature regarding:
840 (i) pretrial services and the resources needed to reduce recidivism;
841 (ii) county jail and county behavioral health early-assessment resources needed for an
842 offender convicted of a class A or class B misdemeanor; and
843 (iii) the replacement of federal dollars associated with drug interdiction law
844 enforcement task forces that are reduced;
845 (l) (i) establish performance goals and outcome measurements for all treatment
846 programs for which minimum standards are established under Subsection (2)(i), including
847 recidivism data and data regarding cost savings associated with recidivism reduction and the
848 reduction in the number of inmates, that are obtained in collaboration with the Administrative
849 Office of the Courts and the Department of Corrections; and
850 (ii) collect data to track and determine whether the goals and measurements are being
851 attained and make this information available to the public;
852 (m) in the division's discretion, use the data to make decisions regarding the use of
853 funds allocated to the division, the Administrative Office of the Courts, and the Department of
854 Corrections to provide treatment for which standards are established under Subsection (2)(i);
855 (n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
856 to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
857 based on the data and provide the report to the Judiciary Interim Committee, the Health and
858 Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
859 Committee, and the related appropriations subcommittees; and
860 (o) consult and coordinate with the Department of Health and the Division of Child
861 and Family Services to develop and manage the operation of a program designed to reduce
862 substance abuse during pregnancy and by parents of a newborn child that includes:
863 (i) providing education and resources to health care providers and individuals in the
864 state regarding prevention of substance abuse during pregnancy;
865 (ii) providing training to health care providers in the state regarding screening of a
866 pregnant woman or pregnant minor to identify a substance abuse disorder; and
867 (iii) providing referrals to pregnant women [
868 newborn child in need of substance [
869 capacity to provide the treatment services.
870 (3) In addition to the responsibilities described in Subsection (2), the division shall,
871 within funds appropriated by the Legislature for this purpose, implement and manage the
872 operation of a firearm safety and suicide prevention program, in consultation with the Bureau
873 of Criminal Identification created in Section 53-10-201, including:
874 (a) coordinating with the Department of Health, local mental health and substance
875 abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
876 Utah-based nonprofit organization with expertise in the field of firearm use and safety that
877 represents firearm owners, to:
878 (i) produce and periodically review and update a firearm safety brochure and other
879 educational materials with information about the safe handling and use of firearms that
881 (A) information on safe handling, storage, and use of firearms in a home environment;
882 (B) information about at-risk individuals and individuals who are legally prohibited
883 from possessing firearms;
884 (C) information about suicide prevention awareness; and
885 (D) information about the availability of firearm safety packets;
886 (ii) procure cable-style gun locks for distribution [
887 (iii) produce a firearm safety packet that includes the firearm safety brochure and the
888 cable-style gun lock described in this Subsection (3); and
889 (iv) create a suicide prevention education course that:
890 (A) provides information for distribution regarding firearm safety education;
891 (B) incorporates current information on how to recognize suicidal behaviors and
892 identify individuals who may be suicidal; and
893 (C) provides information regarding crisis intervention resources;
894 (b) distributing, free of charge, the firearm safety packet to the following persons, who
895 shall make the firearm safety packet available free of charge:
896 (i) health care providers, including emergency rooms;
897 (ii) mobile crisis outreach teams;
898 (iii) mental health practitioners;
899 (iv) other public health suicide prevention organizations;
900 (v) entities that teach firearm safety courses;
901 (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
902 of students in the school district; and
903 (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
904 (c) creating and administering a redeemable coupon program described in this
905 Subsection (3) and Section 76-10-526 that includes:
906 (i) producing a redeemable coupon that offers between $10 and $200 off the purchase
907 price of a firearm safe from a participating firearms dealer or a person engaged in the business
908 of selling firearm safes in Utah, by a Utah resident who has filed an application for a concealed
909 firearm permit; and
910 (ii) collecting the receipts described in Section 76-10-526 from the participating
911 dealers and persons and reimbursing the dealers and persons;
912 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
913 making rules that establish procedures for:
914 (i) producing and distributing the suicide prevention education course and the firearm
915 safety brochures and packets;
916 (ii) procuring the cable-style gun locks for distribution; and
917 (iii) administering the redeemable coupon program; and
918 (e) reporting to the Health and Human Services Interim Committee regarding
919 implementation and success of the firearm safety program and suicide prevention education
920 course at or before the November meeting each year.
921 (4) (a) The division may refuse to contract with and may pursue legal remedies against
922 any local substance abuse authority or local mental health authority that fails, or has failed, to
923 expend public funds in accordance with state law, division policy, contract provisions, or
924 directives issued in accordance with state law.
925 (b) The division may withhold funds from a local substance abuse authority or local
926 mental health authority if the authority's contract provider of substance abuse or mental health
927 programs or services fails to comply with state and federal law or policy.
928 (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
929 or local mental health authority, the division shall review and determine whether the local
930 substance abuse authority or local mental health authority is complying with the oversight and
931 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
933 (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
934 liability described in Section 17-43-303 and to the responsibility and liability described in
935 Section 17-43-203.
936 (6) In carrying out the division's duties and responsibilities, the division may not
937 duplicate treatment or educational facilities that exist in other divisions or departments of the
938 state, but shall work in conjunction with those divisions and departments in rendering the
939 treatment or educational services that those divisions and departments are competent and able
940 to provide.
941 (7) The division may accept in the name of and on behalf of the state donations, gifts,
942 devises, or bequests of real or personal property or services to be used as specified by the
944 (8) The division shall annually review with each local substance abuse authority and
945 each local mental health authority the authority's statutory and contract responsibilities
947 (a) use of public funds;
948 (b) oversight of public funds; and
949 (c) governance of substance use disorder and mental health programs and services.
950 (9) The Legislature may refuse to appropriate funds to the division upon the division's
951 failure to comply with the provisions of this part.
952 (10) If a local substance abuse authority contacts the division under Subsection
953 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
954 minor, the division shall:
955 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
956 capacity to provide the treatment services; or
957 (b) otherwise ensure that treatment services are made available to the pregnant woman
958 or pregnant minor.
959 (11) The division shall employ a school-based mental health specialist to be housed at
960 the State Board of Education who shall work with the State Board of Education to:
961 (a) provide coordination between a local education agency and local mental health
963 (b) recommend evidence-based and evidence informed mental health screenings and
964 intervention assessments for a local education agency; and
965 (c) coordinate with the local community, including local departments of health, to
966 enhance and expand mental health related resources for a local education agency.
967 Section 9. Section 62A-16-102 is amended to read:
968 62A-16-102. Definitions.
969 (1) "Abuse" means the same as that term is defined in Section 78A-6-105.
970 (2) "Child" means the same as that term is defined in Section 62A-4a-101.
972 Section 62A-16-202 or 62A-16-203.
973 (4) "Dependency" means the same as that term is defined in Section 62A-4a-101.
974 (5) "Formal review" means a review of a death or a near fatality that is ordered under
975 Subsection 62A-16-201(6).
976 (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
977 places a child in serious or critical condition.
979 (a) at the time that the individual dies, is a resident of a facility or program that is
980 owned or operated by the department or a division of the department;
981 (b) (i) is in the custody of the department or a division of the department; and
982 (ii) is placed in a residential placement by the department or a division of the
984 (c) at the time that the individual dies, has an open case for the receipt of child welfare
985 services, including:
986 (i) an investigation for abuse, neglect, or dependency;
987 (ii) foster care;
988 (iii) in-home services; or
989 (iv) substitute care;
990 (d) had an open case for the receipt of child welfare services within one year
992 (e) was the subject of an accepted referral received by Adult Protective Services within
993 one year [
994 (i) the department or a division of the department is aware of the death; and
995 (ii) the death is reported as a homicide, suicide, or an undetermined cause;
996 (f) received services from, or under the direction of, the Division of Services for People
997 with Disabilities within one year [
998 individual dies, unless the individual:
999 (i) lived in the individual's home at the time of death; and
1000 (ii) the director of the Office of Quality and Design determines that the death was not
1001 in any way related to services that were provided by, or under the direction of, the department
1002 or a division of the department;
1003 (g) dies within 60 days after the day on which the individual is discharged from the
1004 Utah State Hospital, if the department is aware of the death; [
1005 (h) is a child who:
1006 (i) suffers a near fatality; and
1007 (ii) is the subject of an open case for the receipt of child welfare services within one
1008 year before the day on which the child suffered the near fatality, including:
1009 (A) an investigation for abuse, neglect, or dependency;
1010 (B) foster care;
1011 (C) in-home services; or
1012 (D) substitute care; or
1014 (8) "Neglect" means the same as that term is defined in Section 78A-6-105.
1015 (9) "Substitute care" means the same as that term is defined in Section 62A-4a-101.
1016 Section 10. Section 62A-16-201 is amended to read:
1017 62A-16-201. Initial review.
1018 (1) Within seven days after the day on which the department knows that a qualified
1019 individual has died or is an individual described in Subsection 62A-16-102(7)(h), a person
1020 designated by the department shall:
1021 (a) (i) for a death, complete a deceased client report form, created by the department;
1023 (ii) for an individual described in Subsection 62A-16-102(7)(h), complete a near
1024 fatality client report form, created by the department; and
1025 (b) forward the completed client report form to the director of the office or division
1026 that has jurisdiction over the region or facility.
1027 (2) The director of the office or division described in Subsection (1) shall, upon receipt
1028 of a near fatality client report form or a deceased client report form, immediately provide a
1029 copy of the form to:
1030 (a) the executive director; and
1031 (b) the fatality review coordinator or the fatality review coordinator's designee.
1032 (3) Within 10 days after the day on which the fatality review coordinator or the fatality
1033 review coordinator's designee receives a copy of the near fatality client report form or the
1034 deceased client report form, the fatality review coordinator or the fatality review coordinator's
1035 designee shall request a copy of all relevant department case records regarding the individual
1036 who is the subject of the [
1037 (4) Each person who receives a request for a record described in Subsection (3) shall
1038 provide a copy of the record to the fatality review coordinator or the fatality review
1039 coordinator's designee, by a secure method, within seven days after the day on which the
1040 request is made.
1041 (5) Within 30 days after the day on which the fatality review coordinator or the fatality
1042 review coordinator's designee receives the case records requested under Subsection (3), the
1043 fatality review coordinator, or the fatality review coordinator's designee, shall:
1044 (a) review the [
1045 information received by the fatality review coordinator; and
1046 (b) make a recommendation to the director of the Office of Quality and Design
1047 regarding whether a formal [
1048 (6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
1049 the fatality review coordinator or the fatality review coordinator's designee makes the
1050 recommendation described in Subsection (5)(b), the director of the Office of Quality and
1051 Design or the director's designee shall determine whether to order that a [
1052 review of the death or near fatality be conducted.
1053 (b) The director of the Office of Quality and Design or the director's designee shall
1054 order that a formal [
1055 (i) at the time of the near fatality or the death, the qualified individual is:
1056 (A) an individual described in Subsection 62A-16-102[
1057 (I) the near fatality or the death is due to a natural cause; or
1058 (II) the director of the Office of Quality and Design or the director's designee
1059 determines that the near fatality or the death was not in any way related to services that were
1060 provided by, or under the direction of, the department or a division of the department; or
1061 (B) a child in foster care or substitute care, unless the near fatality or the death is due
1063 (I) a natural cause; or
1064 (II) an accident;
1065 (ii) it appears, based on the information provided to the director of the Office of
1066 Quality and Design or the director's designee, that:
1067 (A) a provision of law, rule, policy, or procedure relating to the [
1068 individual or the [
1069 (B) the near fatality or the fatality was not responded to properly;
1070 (C) a law, rule, policy, or procedure may need to be changed; or
1071 (D) additional training is needed;
1072 (iii) (A) the death is caused by suicide; or
1073 (B) the near fatality is caused by attempted suicide; or
1074 (iv) the director of the Office of Quality and Design or the director's designee
1075 determines that another reason exists to order that a [
1076 or the death be conducted.
1077 Section 11. Section 62A-16-202 is amended to read:
1078 62A-16-202. Fatality Review Committee for a qualified individual who was not a
1079 resident of the Utah State Hospital or the Utah State Developmental Center.
1080 (1) Except for a fatality review committee described in Section 62A-16-203, the
1081 fatality review coordinator shall organize a fatality review committee for each formal [
1083 (2) Except as provided in Subsection (5), a committee described in Subsection (1):
1084 (a) shall include the following members:
1085 (i) the department's fatality review coordinator, who shall designate a member of the
1086 committee to serve as chair of the committee;
1087 (ii) a member of the board, if there is a board, of the relevant division or office;
1088 (iii) the attorney general or the attorney general's designee;
1089 (iv) (A) a member of the management staff of the relevant division or office; or
1090 (B) a person who is a supervisor, or a higher level position, from a region that did not
1091 have jurisdiction over the qualified individual; and
1092 (v) a member of the department's risk management services; and
1093 (b) may include the following members:
1094 (i) a health care professional;
1095 (ii) a law enforcement officer; or
1096 (iii) a representative of the Office of Public Guardian.
1097 (3) If a death that is subject to formal review involves a qualified individual described
1098 in Subsection 62A-16-102[
1099 (a) a health care professional;
1100 (b) a law enforcement officer;
1101 (c) the director of the Office of Guardian ad Litem;
1102 (d) an employee of the division who may be able to provide information or expertise
1103 that would be helpful to the formal review; or
1104 (e) a professional whose knowledge or expertise may significantly contribute to the
1105 formal review.
1106 (4) A committee described in Subsection (1) may also include a person whose
1107 knowledge or expertise may significantly contribute to the formal review.
1108 (5) A committee described in this section may not include an individual who was
1109 involved in, or who supervises a person who was involved in, the [
1111 (6) Each member of a committee described in this section who is not an employee of
1112 the department shall sign a form, created by the department, indicating that the member agrees
1114 (a) keep all information relating to [
1115 (b) not release any information relating to a [
1116 permitted by law to release the information.
1117 Section 12. Section 62A-16-203 is amended to read:
1118 62A-16-203. Fatality Review Committees for a resident of the Utah State Hospital
1119 or the Utah State Developmental Center.
1120 (1) If a qualified individual who is the subject of a formal [
1122 State Hospital or the Utah State Developmental Center, the fatality review coordinator of that
1123 facility shall organize a fatality review committee to review the [
1125 (2) Except as provided in Subsection (4), a committee described in Subsection (1) shall
1126 include the following members:
1127 (a) the fatality review coordinator for the facility, who shall serve as chair of the
1129 (b) a member of the management staff of the facility;
1130 (c) a supervisor of a unit other than the one in which the qualified individual resided;
1131 (d) a physician;
1132 (e) a representative from the administration of the division that oversees the facility;
1133 (f) the department's fatality review coordinator;
1134 (g) a member of the department's risk management services; and
1135 (h) a citizen who is not an employee of the department.
1136 (3) A committee described in Subsection (1) may also include a person whose
1137 knowledge or expertise may significantly contribute to the formal review.
1138 (4) A committee described in this section may not include an individual who:
1139 (a) was involved in, or who supervises a person who was involved in, the [
1140 fatality or the death; or
1141 (b) has a conflict with the fatality review.
1142 Section 13. Section 62A-16-204 is amended to read:
1143 62A-16-204. Fatality Review Committee proceedings.
1144 (1) A majority vote of committee members present constitutes the action of the
1146 (2) The department shall give the committee access to all reports, records, and other
1147 documents that are relevant to the [
1149 (a) narrative reports;
1150 (b) case files;
1151 (c) autopsy reports; and
1152 (d) police reports, unless the report is protected from disclosure under Subsection
1153 63G-2-305(10) or (11).
1154 (3) The Utah State Hospital and the Utah State Developmental Center shall provide
1155 protected health information to the committee if requested by a fatality review coordinator.
1156 (4) A committee shall convene its first meeting within 14 days after the day on which a
1157 formal [
1158 this time is extended, for good cause, by the director of the Office of Quality and Design.
1159 (5) A committee may interview a staff member, a provider, or any other person who
1160 may have knowledge or expertise that is relevant to the [
1161 (6) A committee shall render an advisory opinion regarding:
1162 (a) whether the provisions of law, rule, policy, and procedure relating to the [
1163 qualified individual and the [
1164 (b) whether the [
1165 (c) whether to recommend that a law, rule, policy, or procedure be changed; and
1166 (d) whether additional training is needed.
1167 Section 14. Section 62A-16-301 is amended to read:
1168 62A-16-301. Fatality review committee report -- Response to report.
1169 (1) Within 20 days after the day on which the committee proceedings described in
1170 Section 62A-16-204 end, the committee shall submit:
1171 (a) a written report to the executive director that includes:
1172 (i) the advisory opinions made under Subsection 62A-16-204(6); and
1173 (ii) any recommendations regarding action that should be taken in relation to an
1174 employee of the department or a person who contracts with the department;
1175 (b) a copy of the report described in Subsection (1)(a) to:
1176 (i) the director, or the director's designee, of the office or division to which the
1178 (ii) the regional director, or the regional director's designee, of the region to which the
1180 (c) a copy of the report described in Subsection (1)(a), with only identifying
1181 information redacted, to the Office of Legislative Research and General Counsel.
1182 (2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)
1183 receives a copy of the report described in Subsection (1)(a), the director shall provide a written
1184 response to the director of the Office of Quality and Design and a copy of the response, with
1185 only identifying information redacted, to the Office of Legislative Research and General
1186 Counsel, if the report:
1187 (a) indicates that a law, rule, policy, or procedure was not complied with;
1188 (b) indicates that the [
1189 (c) recommends that a law, rule, policy, or procedure be changed; or
1190 (d) indicates that additional training is needed.
1191 (3) The response described in Subsection (2) shall include a plan of action to
1192 implement any recommended improvements within the office or division.
1193 (4) Within 30 days after the day on which the executive director receives the response
1194 described in Subsection (2), the executive director, or the executive director's designee shall:
1195 (a) review the plan of action described in Subsection (3);
1196 (b) make any written response that the executive director or the executive director's
1197 designee determines is necessary;
1198 (c) provide a copy of the written response described in Subsection (4)(b), with only
1199 identifying information redacted, to the Office of Legislative Research and General Counsel;
1201 (d) provide an unredacted copy of the response described in Subsection (4)(b) to the
1202 director of the Office of Quality and Design.
1203 (5) A report described in Subsection (1) and each response described in this section is a
1204 protected record.
1205 (6) (a) As used in this Subsection (6), "fatality review document" means any document
1206 created in connection with, or as a result of, a [
1207 death, or a decision whether to conduct a [
1209 (i) a report described in Subsection (1);
1210 (ii) a response described in this section;
1211 (iii) a recommendation regarding whether a [
1213 (iv) a decision to conduct a [
1214 (v) notes of a person who participates in a [
1215 (vi) notes of a person who reviews a [
1216 (vii) minutes of a [
1217 (viii) minutes of a meeting where a [
1218 (ix) minutes of, documents received in relation to, and documents generated in relation
1219 to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
1220 Welfare Legislative Oversight Panel that a [
1221 described in this Subsection (6)(a) is reviewed or discussed.
1222 (b) A fatality review document is not subject to discovery, subpoena, or similar
1223 compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
1224 or organization with lawful access to the data be compelled to testify with regard to a report
1225 described in Subsection (1) or a response described in this section.
1226 (c) The following are not admissible as evidence in a civil, judicial, or administrative
1228 (i) a fatality review document; and
1229 (ii) an executive summary described in Subsection 62A-16-302(4).
1230 Section 15. Section 62A-16-302 is amended to read:
1231 62A-16-302. Reporting to, and review by, legislative committees.
1232 (1) The Office of Legislative Research and General Counsel shall provide a copy of the
1233 report described in Subsection 62A-16-301(1)(b), and the responses described in Subsections
1234 62A-16-301(2) and (4)(c) to the chairs of:
1235 (a) the Health and Human Services Interim Committee; or
1236 (b) if the qualified individual who is the subject of the report [
1238 the Child Welfare Legislative Oversight Panel.
1239 (2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
1240 review a report described in Subsection 62A-16-301(1)(b).
1241 (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
1242 report described in Subsection (1)(b).
1243 (3) (a) [
1244 Child Welfare Legislative Oversight Panel may not interfere with, or make recommendations
1245 regarding, the resolution of a particular case.
1246 (b) The purpose of a review described in Subsection (2) is to assist a committee or
1247 panel described in Subsection (2) in determining whether to recommend a change in the law.
1248 (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
1249 change in the law shall be made in an open meeting.
1250 (4) (a) On or before September 1 of each year, the department shall provide an
1251 executive summary of all [
1252 the Office of Legislative Research and General Counsel.
1253 (b) The Office of Legislative Research and General Counsel shall forward a copy of the
1254 executive summary described in Subsection (4)(a) to:
1255 (i) the Health and Human Services Interim Committee; and
1256 (ii) the Child Welfare Legislative Oversight Panel.
1257 (5) The executive summary described in Subsection (4):
1258 (a) may not include any names or identifying information;
1259 (b) shall include:
1260 (i) all recommendations regarding changes to the law that were made during the
1261 preceding fiscal year under Subsection 62A-16-204(6);
1262 (ii) all changes made, or in the process of being made, to a law, rule, policy, or
1263 procedure in response to a [
1265 (iii) a description of the training that has been completed in response to a [
1266 formal review that occurred during the preceding fiscal year;
1267 (iv) statistics for the preceding fiscal year regarding:
1268 (A) the number of qualified individuals and the type of [
1270 (B) the number of formal [
1271 (C) the categories[
1273 (D) the gender, age, race, and other significant categories of qualified individuals [
1275 (E) the number of fatalities of qualified individuals known to the department that are
1276 identified as suicides; and
1277 (v) action taken by the Office of Licensing and the Bureau of Internal Review and
1278 Audits in response to the [
1279 (c) is a public document.
1280 (6) The Division of Child and Family Services shall, to the extent required by the
1281 federal Child Abuse Prevention and Treatment Act, as amended, allow public disclosure of the
1282 findings or information relating to a case of child abuse or neglect that results in a child fatality
1283 or a near fatality.
1284 Section 16. Section 63G-2-202 is amended to read:
1285 63G-2-202. Access to private, controlled, and protected documents.
1286 (1) Except as provided in Subsection (11)(a), a governmental entity:
1287 (a) shall, upon request, disclose a private record to:
1288 (i) the subject of the record;
1289 (ii) the parent or legal guardian of an unemancipated minor who is the subject of the
1291 (iii) the legal guardian of a legally incapacitated individual who is the subject of the
1293 (iv) any other individual who:
1294 (A) has a power of attorney from the subject of the record;
1295 (B) submits a notarized release from the subject of the record or the individual's legal
1296 representative dated no more than 90 days before the date the request is made; or
1297 (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
1298 health care provider, as defined in Section 26-33a-102, if releasing the record or information in
1299 the record is consistent with normal professional practice and medical ethics; or
1300 (v) any person to whom the record must be provided pursuant to:
1301 (A) court order as provided in Subsection (7); or
1302 (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
1303 Powers; and
1304 (b) may disclose a private record described in Subsections 63G-2-302(1)(j) through
1305 (m), without complying with Section 63G-2-206, to another governmental entity for a purpose
1306 related to:
1307 (i) voter registration; or
1308 (ii) the administration of an election.
1309 (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
1310 (i) a physician, physician assistant, psychologist, certified social worker, insurance
1311 provider or producer, or a government public health agency upon submission of:
1312 (A) a release from the subject of the record that is dated no more than 90 days prior to
1313 the date the request is made; and
1314 (B) a signed acknowledgment of the terms of disclosure of controlled information as
1315 provided by Subsection (2)(b); and
1316 (ii) any person to whom the record must be disclosed pursuant to:
1317 (A) a court order as provided in Subsection (7); or
1318 (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
1320 (b) A person who receives a record from a governmental entity in accordance with
1321 Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
1322 including the subject of the record.
1323 (3) If there is more than one subject of a private or controlled record, the portion of the
1324 record that pertains to another subject shall be segregated from the portion that the requester is
1325 entitled to inspect.
1326 (4) Upon request, and except as provided in Subsection [
1327 governmental entity shall disclose a protected record to:
1328 (a) the person that submitted the record;
1329 (b) any other individual who:
1330 (i) has a power of attorney from all persons, governmental entities, or political
1331 subdivisions whose interests were sought to be protected by the protected classification; or
1332 (ii) submits a notarized release from all persons, governmental entities, or political
1333 subdivisions whose interests were sought to be protected by the protected classification or from
1334 their legal representatives dated no more than 90 days prior to the date the request is made;
1335 (c) any person to whom the record must be provided pursuant to:
1336 (i) a court order as provided in Subsection (7); or
1337 (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
1338 Powers; or
1339 (d) the owner of a mobile home park, subject to the conditions of Subsection
1341 (5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
1342 private, controlled, or protected record to another governmental entity, political subdivision,
1343 state, the United States, or a foreign government only as provided by Section 63G-2-206.
1344 (6) Before releasing a private, controlled, or protected record, the governmental entity
1345 shall obtain evidence of the requester's identity.
1346 (7) A governmental entity shall disclose a record pursuant to the terms of a court order
1347 signed by a judge from a court of competent jurisdiction, provided that:
1348 (a) the record deals with a matter in controversy over which the court has jurisdiction;
1349 (b) the court has considered the merits of the request for access to the record;
1350 (c) the court has considered and, where appropriate, limited the requester's use and
1351 further disclosure of the record in order to protect:
1352 (i) privacy interests in the case of private or controlled records;
1353 (ii) business confidentiality interests in the case of records protected under Subsection
1354 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
1355 (iii) privacy interests or the public interest in the case of other protected records;
1356 (d) to the extent the record is properly classified private, controlled, or protected, the
1357 interests favoring access, considering limitations thereon, are greater than or equal to the
1358 interests favoring restriction of access; and
1359 (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
1360 63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
1361 (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
1362 authorize disclosure of private or controlled records for research purposes if the governmental
1364 (i) determines that the research purpose cannot reasonably be accomplished without
1365 use or disclosure of the information to the researcher in individually identifiable form;
1366 (ii) determines that:
1367 (A) the proposed research is bona fide; and
1368 (B) the value of the research is greater than or equal to the infringement upon personal
1370 (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
1371 the records; and
1372 (B) requires the removal or destruction of the individual identifiers associated with the
1373 records as soon as the purpose of the research project has been accomplished;
1374 (iv) prohibits the researcher from:
1375 (A) disclosing the record in individually identifiable form, except as provided in
1376 Subsection (8)(b); or
1377 (B) using the record for purposes other than the research approved by the governmental
1378 entity; and
1379 (v) secures from the researcher a written statement of the researcher's understanding of
1380 and agreement to the conditions of this Subsection (8) and the researcher's understanding that
1381 violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
1382 under Section 63G-2-801.
1383 (b) A researcher may disclose a record in individually identifiable form if the record is
1384 disclosed for the purpose of auditing or evaluating the research program and no subsequent use
1385 or disclosure of the record in individually identifiable form will be made by the auditor or
1386 evaluator except as provided by this section.
1387 (c) A governmental entity may require indemnification as a condition of permitting
1388 research under this Subsection (8).
1389 (d) A governmental entity may not disclose or authorize disclosure of a private record
1390 for research purposes as described in this Subsection (8) if the private record is a record
1391 described in Subsection 63G-2-302(1)(w).
1392 (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
1393 may disclose to persons other than those specified in this section records that are:
1394 (i) private under Section 63G-2-302; or
1395 (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
1396 business confidentiality has been made under Section 63G-2-309.
1397 (b) Under Subsection 63G-2-403(11)(b), the State Records Committee may require the
1398 disclosure to persons other than those specified in this section of records that are:
1399 (i) private under Section 63G-2-302;
1400 (ii) controlled under Section 63G-2-304; or
1401 (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
1402 business confidentiality has been made under Section 63G-2-309.
1403 (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
1404 that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
1405 under Section 63G-2-305 to persons other than those specified in this section.
1411 disclosed as provided in Subsection (1)(a)(v).
1412 (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
1413 as provided in Subsection (4)(c) or Section 62A-3-312.
1415 62A-16-301 shall be disclosed as required under:
1416 (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
1417 (ii) Subsections 62A-16-302(1) and (6).
1418 (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
1419 protected, or controlled.
1420 Section 17. Section 63G-2-305 is amended to read:
1421 63G-2-305. Protected records.
1422 The following records are protected if properly classified by a governmental entity:
1423 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
1424 has provided the governmental entity with the information specified in Section 63G-2-309;
1425 (2) commercial information or nonindividual financial information obtained from a
1426 person if:
1427 (a) disclosure of the information could reasonably be expected to result in unfair
1428 competitive injury to the person submitting the information or would impair the ability of the
1429 governmental entity to obtain necessary information in the future;
1430 (b) the person submitting the information has a greater interest in prohibiting access
1431 than the public in obtaining access; and
1432 (c) the person submitting the information has provided the governmental entity with
1433 the information specified in Section 63G-2-309;
1434 (3) commercial or financial information acquired or prepared by a governmental entity
1435 to the extent that disclosure would lead to financial speculations in currencies, securities, or
1436 commodities that will interfere with a planned transaction by the governmental entity or cause
1437 substantial financial injury to the governmental entity or state economy;
1438 (4) records, the disclosure of which could cause commercial injury to, or confer a
1439 competitive advantage upon a potential or actual competitor of, a commercial project entity as
1440 defined in Subsection 11-13-103(4);
1441 (5) test questions and answers to be used in future license, certification, registration,
1442 employment, or academic examinations;
1443 (6) records, the disclosure of which would impair governmental procurement
1444 proceedings or give an unfair advantage to any person proposing to enter into a contract or
1445 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
1446 Subsection (6) does not restrict the right of a person to have access to, after the contract or
1447 grant has been awarded and signed by all parties:
1448 (a) a bid, proposal, application, or other information submitted to or by a governmental
1449 entity in response to:
1450 (i) an invitation for bids;
1451 (ii) a request for proposals;
1452 (iii) a request for quotes;
1453 (iv) a grant; or
1454 (v) other similar document; or
1455 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
1456 (7) information submitted to or by a governmental entity in response to a request for
1457 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
1458 the right of a person to have access to the information, after:
1459 (a) a contract directly relating to the subject of the request for information has been
1460 awarded and signed by all parties; or
1461 (b) (i) a final determination is made not to enter into a contract that relates to the
1462 subject of the request for information; and
1463 (ii) at least two years have passed after the day on which the request for information is
1465 (8) records that would identify real property or the appraisal or estimated value of real
1466 or personal property, including intellectual property, under consideration for public acquisition
1467 before any rights to the property are acquired unless:
1468 (a) public interest in obtaining access to the information is greater than or equal to the
1469 governmental entity's need to acquire the property on the best terms possible;
1470 (b) the information has already been disclosed to persons not employed by or under a
1471 duty of confidentiality to the entity;
1472 (c) in the case of records that would identify property, potential sellers of the described
1473 property have already learned of the governmental entity's plans to acquire the property;
1474 (d) in the case of records that would identify the appraisal or estimated value of
1475 property, the potential sellers have already learned of the governmental entity's estimated value
1476 of the property; or
1477 (e) the property under consideration for public acquisition is a single family residence
1478 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
1479 the property as required under Section 78B-6-505;
1480 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
1481 compensated transaction of real or personal property including intellectual property, which, if
1482 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
1483 of the subject property, unless:
1484 (a) the public interest in access is greater than or equal to the interests in restricting
1485 access, including the governmental entity's interest in maximizing the financial benefit of the
1486 transaction; or
1487 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
1488 the value of the subject property have already been disclosed to persons not employed by or
1489 under a duty of confidentiality to the entity;
1490 (10) records created or maintained for civil, criminal, or administrative enforcement
1491 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
1492 release of the records:
1493 (a) reasonably could be expected to interfere with investigations undertaken for
1494 enforcement, discipline, licensing, certification, or registration purposes;
1495 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
1497 (c) would create a danger of depriving a person of a right to a fair trial or impartial
1499 (d) reasonably could be expected to disclose the identity of a source who is not
1500 generally known outside of government and, in the case of a record compiled in the course of
1501 an investigation, disclose information furnished by a source not generally known outside of
1502 government if disclosure would compromise the source; or
1503 (e) reasonably could be expected to disclose investigative or audit techniques,
1504 procedures, policies, or orders not generally known outside of government if disclosure would
1505 interfere with enforcement or audit efforts;
1506 (11) records the disclosure of which would jeopardize the life or safety of an
1508 (12) records the disclosure of which would jeopardize the security of governmental
1509 property, governmental programs, or governmental recordkeeping systems from damage, theft,
1510 or other appropriation or use contrary to law or public policy;
1511 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
1512 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
1513 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
1514 (14) records that, if disclosed, would reveal recommendations made to the Board of
1515 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
1516 Board of Pardons and Parole, or the Department of Human Services that are based on the
1517 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
1519 (15) records and audit workpapers that identify audit, collection, and operational
1520 procedures and methods used by the State Tax Commission, if disclosure would interfere with
1521 audits or collections;
1522 (16) records of a governmental audit agency relating to an ongoing or planned audit
1523 until the final audit is released;
1524 (17) records that are subject to the attorney client privilege;
1525 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1526 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
1527 quasi-judicial, or administrative proceeding;
1528 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
1529 from a member of the Legislature; and
1530 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1531 legislative action or policy may not be classified as protected under this section; and
1532 (b) (i) an internal communication that is part of the deliberative process in connection
1533 with the preparation of legislation between:
1534 (A) members of a legislative body;
1535 (B) a member of a legislative body and a member of the legislative body's staff; or
1536 (C) members of a legislative body's staff; and
1537 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1538 legislative action or policy may not be classified as protected under this section;
1539 (20) (a) records in the custody or control of the Office of Legislative Research and
1540 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
1541 legislation or contemplated course of action before the legislator has elected to support the
1542 legislation or course of action, or made the legislation or course of action public; and
1543 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
1544 Office of Legislative Research and General Counsel is a public document unless a legislator
1545 asks that the records requesting the legislation be maintained as protected records until such
1546 time as the legislator elects to make the legislation or course of action public;
1547 (21) research requests from legislators to the Office of Legislative Research and
1548 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
1549 in response to these requests;
1550 (22) drafts, unless otherwise classified as public;
1551 (23) records concerning a governmental entity's strategy about:
1552 (a) collective bargaining; or
1553 (b) imminent or pending litigation;
1554 (24) records of investigations of loss occurrences and analyses of loss occurrences that
1555 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
1556 Uninsured Employers' Fund, or similar divisions in other governmental entities;
1557 (25) records, other than personnel evaluations, that contain a personal recommendation
1558 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
1559 personal privacy, or disclosure is not in the public interest;
1560 (26) records that reveal the location of historic, prehistoric, paleontological, or
1561 biological resources that if known would jeopardize the security of those resources or of
1562 valuable historic, scientific, educational, or cultural information;
1563 (27) records of independent state agencies if the disclosure of the records would
1564 conflict with the fiduciary obligations of the agency;
1565 (28) records of an institution within the state system of higher education defined in
1566 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1567 retention decisions, and promotions, which could be properly discussed in a meeting closed in
1568 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
1569 the final decisions about tenure, appointments, retention, promotions, or those students
1570 admitted, may not be classified as protected under this section;
1571 (29) records of the governor's office, including budget recommendations, legislative
1572 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
1573 policies or contemplated courses of action before the governor has implemented or rejected
1574 those policies or courses of action or made them public;
1575 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1576 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
1577 recommendations in these areas;
1578 (31) records provided by the United States or by a government entity outside the state
1579 that are given to the governmental entity with a requirement that they be managed as protected
1580 records if the providing entity certifies that the record would not be subject to public disclosure
1581 if retained by it;
1582 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1583 public body except as provided in Section 52-4-206;
1584 (33) records that would reveal the contents of settlement negotiations but not including
1585 final settlements or empirical data to the extent that they are not otherwise exempt from
1587 (34) memoranda prepared by staff and used in the decision-making process by an
1588 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
1589 other body charged by law with performing a quasi-judicial function;
1590 (35) records that would reveal negotiations regarding assistance or incentives offered
1591 by or requested from a governmental entity for the purpose of encouraging a person to expand
1592 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
1593 person or place the governmental entity at a competitive disadvantage, but this section may not
1594 be used to restrict access to a record evidencing a final contract;
1595 (36) materials to which access must be limited for purposes of securing or maintaining
1596 the governmental entity's proprietary protection of intellectual property rights including patents,
1597 copyrights, and trade secrets;
1598 (37) the name of a donor or a prospective donor to a governmental entity, including an
1599 institution within the state system of higher education defined in Section 53B-1-102, and other
1600 information concerning the donation that could reasonably be expected to reveal the identity of
1601 the donor, provided that:
1602 (a) the donor requests anonymity in writing;
1603 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
1604 classified protected by the governmental entity under this Subsection (37); and
1605 (c) except for an institution within the state system of higher education defined in
1606 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
1607 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
1608 over the donor, a member of the donor's immediate family, or any entity owned or controlled
1609 by the donor or the donor's immediate family;
1610 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
1612 (39) a notification of workers' compensation insurance coverage described in Section
1614 (40) (a) the following records of an institution within the state system of higher
1615 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1616 or received by or on behalf of faculty, staff, employees, or students of the institution:
1617 (i) unpublished lecture notes;
1618 (ii) unpublished notes, data, and information:
1619 (A) relating to research; and
1620 (B) of:
1621 (I) the institution within the state system of higher education defined in Section
1622 53B-1-102; or
1623 (II) a sponsor of sponsored research;
1624 (iii) unpublished manuscripts;
1625 (iv) creative works in process;
1626 (v) scholarly correspondence; and
1627 (vi) confidential information contained in research proposals;
1628 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
1629 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
1630 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
1631 (41) (a) records in the custody or control of the Office of Legislative Auditor General
1632 that would reveal the name of a particular legislator who requests a legislative audit prior to the
1633 date that audit is completed and made public; and
1634 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1635 Office of the Legislative Auditor General is a public document unless the legislator asks that
1636 the records in the custody or control of the Office of Legislative Auditor General that would
1637 reveal the name of a particular legislator who requests a legislative audit be maintained as
1638 protected records until the audit is completed and made public;
1639 (42) records that provide detail as to the location of an explosive, including a map or
1640 other document that indicates the location of:
1641 (a) a production facility; or
1642 (b) a magazine;
1643 (43) information:
1644 (a) contained in the statewide database of the Division of Aging and Adult Services
1645 created by Section 62A-3-311.1; or
1646 (b) received or maintained in relation to the Identity Theft Reporting Information
1647 System (IRIS) established under Section 67-5-22;
1648 (44) information contained in the [
1649 Information System described in Title 62A, Chapter 4a, Child and Family Services;
1650 (45) information regarding National Guard operations or activities in support of the
1651 National Guard's federal mission;
1652 (46) records provided by any pawn or secondhand business to a law enforcement
1653 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
1654 Secondhand Merchandise Transaction Information Act;
1655 (47) information regarding food security, risk, and vulnerability assessments performed
1656 by the Department of Agriculture and Food;
1657 (48) except to the extent that the record is exempt from this chapter pursuant to Section
1658 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
1659 prepared or maintained by the Division of Emergency Management, and the disclosure of
1660 which would jeopardize:
1661 (a) the safety of the general public; or
1662 (b) the security of:
1663 (i) governmental property;
1664 (ii) governmental programs; or
1665 (iii) the property of a private person who provides the Division of Emergency
1666 Management information;
1667 (49) records of the Department of Agriculture and Food that provides for the
1668 identification, tracing, or control of livestock diseases, including any program established under
1669 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1670 of Animal Disease;
1671 (50) as provided in Section 26-39-501:
1672 (a) information or records held by the Department of Health related to a complaint
1673 regarding a child care program or residential child care which the department is unable to
1674 substantiate; and
1675 (b) information or records related to a complaint received by the Department of Health
1676 from an anonymous complainant regarding a child care program or residential child care;
1677 (51) unless otherwise classified as public under Section 63G-2-301 and except as
1678 provided under Section 41-1a-116, an individual's home address, home telephone number, or
1679 personal mobile phone number, if:
1680 (a) the individual is required to provide the information in order to comply with a law,
1681 ordinance, rule, or order of a government entity; and
1682 (b) the subject of the record has a reasonable expectation that this information will be
1683 kept confidential due to:
1684 (i) the nature of the law, ordinance, rule, or order; and
1685 (ii) the individual complying with the law, ordinance, rule, or order;
1686 (52) the portion of the following documents that contains a candidate's residential or
1687 mailing address, if the candidate provides to the filing officer another address or phone number
1688 where the candidate may be contacted:
1689 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
1690 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
1691 20A-9-408.5, 20A-9-502, or 20A-9-601;
1692 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
1693 (c) a notice of intent to gather signatures for candidacy, described in Section
1695 (53) the name, home address, work addresses, and telephone numbers of an individual
1696 that is engaged in, or that provides goods or services for, medical or scientific research that is:
1697 (a) conducted within the state system of higher education, as defined in Section
1698 53B-1-102; and
1699 (b) conducted using animals;
1700 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
1701 Evaluation Commission concerning an individual commissioner's vote on whether or not to
1702 recommend that the voters retain a judge including information disclosed under Subsection
1704 (55) information collected and a report prepared by the Judicial Performance
1705 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
1706 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
1707 the information or report;
1711 Office in furtherance of any contract or other agreement made in accordance with Section
1716 (a) a management plan for a water conveyance facility in the possession of the Division
1717 of Water Resources or the Board of Water Resources; or
1718 (b) an outline of an emergency response plan in possession of the state or a county or
1721 General of Medicaid Services, created in Section 63A-13-201:
1722 (a) records that would disclose information relating to allegations of personal
1723 misconduct, gross mismanagement, or illegal activity of a person if the information or
1724 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
1725 through other documents or evidence, and the records relating to the allegation are not relied
1726 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
1727 report or final audit report;
1728 (b) records and audit workpapers to the extent they would disclose the identity of a
1729 person who, during the course of an investigation or audit, communicated the existence of any
1730 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
1731 regulation adopted under the laws of this state, a political subdivision of the state, or any
1732 recognized entity of the United States, if the information was disclosed on the condition that
1733 the identity of the person be protected;
1734 (c) before the time that an investigation or audit is completed and the final
1735 investigation or final audit report is released, records or drafts circulated to a person who is not
1736 an employee or head of a governmental entity for the person's response or information;
1737 (d) records that would disclose an outline or part of any investigation, audit survey
1738 plan, or audit program; or
1739 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
1740 investigation or audit;
1742 Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud,
1743 waste, or abuse;
1745 Occupational and Professional Licensing under Subsections 58-67-304(3) and (4) and
1746 Subsections 58-68-304(3) and (4);
1749 reader system used by a governmental entity as authorized in Section 41-6a-2003;
1751 to a victim, including:
1752 (a) a victim's application or request for benefits;
1753 (b) a victim's receipt or denial of benefits; and
1754 (c) any administrative notes or records made or created for the purpose of, or used to,
1755 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
1756 Reparations Fund;
1758 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
1759 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
1760 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
1761 that term is defined in Section 62A-2-101, except for recordings that:
1762 (a) depict the commission of an alleged crime;
1763 (b) record any encounter between a law enforcement officer and a person that results in
1764 death or bodily injury, or includes an instance when an officer fires a weapon;
1765 (c) record any encounter that is the subject of a complaint or a legal proceeding against
1766 a law enforcement officer or law enforcement agency;
1767 (d) contain an officer involved critical incident as defined in Subsection
1768 76-2-408(1)(f); or
1769 (e) have been requested for reclassification as a public record by a subject or
1770 authorized agent of a subject featured in the recording;
1772 higher education described in Section 53B-2-102, except for application materials for a
1773 publicly announced finalist;
1775 (a) produced by an audio recording device that is used in conjunction with a device or
1776 piece of equipment designed or intended for resuscitating an individual or for treating an
1777 individual with a life-threatening condition;
1778 (b) produced during an emergency event when an individual employed to provide law
1779 enforcement, fire protection, paramedic, emergency medical, or other first responder service:
1780 (i) is responding to an individual needing resuscitation or with a life-threatening
1781 condition; and
1782 (ii) uses a device or piece of equipment designed or intended for resuscitating an
1783 individual or for treating an individual with a life-threatening condition; and
1784 (c) intended and used for purposes of training emergency responders how to improve
1785 their response to an emergency situation;
1787 recommendation by the Research and General Counsel Subcommittee, the Budget
1788 Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
1789 employment position with the Legislature;
1792 agency under Section 61-1-206;
1794 31A-37-201 or 31A-22-653;
1797 Licensing as a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
1799 injury involving an amusement ride;
1801 individual on a political petition, or on a request to withdraw a signature from a political
1802 petition, including a petition or request described in the following titles:
1803 (a) Title 10, Utah Municipal Code;
1804 (b) Title 17, Counties;
1805 (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
1806 (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1807 (e) Title 20A, Election Code;
1809 individual in a voter registration record;
1811 a signature described in Subsection [
1812 governor or a local political subdivision collected or held under, or in relation to, Title 20A,
1813 Election Code;
1815 38, Part 5, Victims Guidelines for Prosecutors Act;
1819 disclosure is prohibited under Section 63G-26-103.
1820 Section 18. Section 63G-2-305.5 is amended to read:
1821 63G-2-305.5. Viewing or obtaining lists of signatures.
1822 (1) The records custodian of a signature described in Subsection 63G-2-305[
1823 shall, upon request, except for a name or signature classified as private under Title 20A,
1824 Chapter 2, Voter Registration:
1825 (a) provide a list of the names of the individuals who signed the petition or request; and
1826 (b) permit an individual to view, but not take a copy or other image of, the signatures
1827 on a political petition described in Subsection 63G-2-305[
1828 (2) The records custodian of a signature described in Subsection 63G-2-305[
1829 shall, upon request, except for a name or signature classified as private under Title 20A,
1830 Chapter 2, Voter Registration:
1831 (a) provide a list of the names of registered voters, excluding the names that are
1832 classified as private under Title 20A, Chapter 2, Voter Registration; and
1833 (b) except for a signature classified as private under Title 20A, Chapter 2, Voter
1834 Registration, permit an individual to view, but not take a copy or other image of, the signature
1835 on a voter registration record.
1836 (3) Except for a signature classified as private under Title 20A, Chapter 2, Voter
1837 Registration, the records custodian of a signature described in Subsection 63G-2-305[
1838 shall, upon request, permit an individual to view, but not take a copy or other image of, a
1840 Section 19. Section 78A-6-105 is amended to read:
1841 78A-6-105. Definitions.
1842 As used in this chapter:
1843 (1) (a) "Abuse" means:
1844 (i) (A) nonaccidental harm of a child;
1845 (B) threatened harm of a child;
1846 (C) sexual exploitation;
1847 (D) sexual abuse; or
1848 (E) human trafficking of a child in violation of Section 76-5-308.5; or
1849 (ii) that a child's natural parent:
1850 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1852 (B) is identified by a law enforcement agency as the primary suspect in an investigation
1853 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
1854 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1855 recklessly causing the death of another parent of the child.
1856 (b) "Abuse" does not include:
1857 (i) reasonable discipline or management of a child, including withholding privileges;
1858 (ii) conduct described in Section 76-2-401; or
1859 (iii) the use of reasonable and necessary physical restraint or force on a child:
1860 (A) in self-defense;
1861 (B) in defense of others;
1862 (C) to protect the child; or
1863 (D) to remove a weapon in the possession of a child for any of the reasons described in
1864 Subsections (1)(b)(iii)(A) through (C).
1865 (2) "Abused child" means a child who has been subjected to abuse.
1866 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
1867 facts alleged in the petition have been proved.
1868 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
1869 with Section 78A-6-1302.
1870 (4) (a) "Adult" means an individual who is 18 years old or older.
1871 (b) "Adult" does not include an individual:
1872 (i) who is 18 years old or older; and
1873 (ii) whose case is under the continuing jurisdiction of the juvenile court in accordance
1874 with Section 78A-6-120.
1875 (5) "Board" means the Board of Juvenile Court Judges.
1876 (6) "Child" means an individual who is under 18 years old.
1877 (7) "Child placement agency" means:
1878 (a) a private agency licensed to receive a child for placement or adoption under this
1879 code; or
1880 (b) a private agency that receives a child for placement or adoption in another state,
1881 which agency is licensed or approved where such license or approval is required by law.
1882 (8) "Clandestine laboratory operation" means the same as that term is defined in
1883 Section 58-37d-3.
1884 (9) "Commit" means, unless specified otherwise:
1885 (a) with respect to a child, to transfer legal custody; and
1886 (b) with respect to a minor who is at least 18 years old, to transfer custody.
1887 (10) "Court" means the juvenile court.
1888 (11) "Criminogenic risk factors" means evidence-based factors that are associated with
1889 a minor's likelihood of reoffending.
1890 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
1891 committed by an adult.
1892 (13) "Department" means the Department of Human Services created in Section
1894 (14) "Dependent child" includes a child who is [
1895 through no fault of the child's parent, guardian, or custodian.
1896 (15) "Deprivation of custody" means transfer of legal custody by the court from a
1897 parent or the parents or a previous legal custodian to another person, agency, or institution.
1898 (16) "Detention" means home detention and secure detention as defined in Section
1899 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
1900 restricting facility:
1901 (a) pending court disposition or transfer to another jurisdiction; or
1902 (b) while the minor's case is under the continuing jurisdiction of the court.
1903 (17) "Detention risk assessment tool" means an evidence-based tool established under
1904 Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
1905 court or reoffending pre-adjudication and designed to assist in making detention
1907 (18) "Developmental immaturity" means incomplete development in one or more
1908 domains which manifests as a functional limitation in the minor's present ability to consult with
1909 counsel with a reasonable degree of rational understanding and have a rational as well as
1910 factual understanding of the proceedings.
1911 (19) "Division" means the Division of Child and Family Services.
1912 (20) "Educational neglect" means that, after receiving a notice of compulsory education
1913 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
1914 ensure that the child receives an appropriate education.
1915 (21) "Educational series" means an evidence-based instructional series:
1916 (a) obtained at a substance abuse program that is approved by the Division of
1917 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1918 (b) designed to prevent substance use or the onset of a mental health disorder.
1919 (22) "Evidence-based" means a program or practice that has had multiple randomized
1920 control studies or a meta-analysis demonstrating that the program or practice is effective for a
1921 specific population or has been rated as effective by a standardized program evaluation tool.
1922 (23) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
1923 (24) "Formal probation" means a minor is under field supervision by the probation
1924 department or other agency designated by the court and subject to return to the court in
1925 accordance with Section 78A-6-123 on and after July 1, 2018.
1926 (25) "Formal referral" means a written report from a peace officer or other person
1927 informing the court that a minor is, or appears to be, within the court's jurisdiction and that the
1928 minor's case must be reviewed by the court's probation department or a prosecuting attorney.
1929 (26) "Group rehabilitation therapy" means psychological and social counseling of one
1930 or more individuals in the group, depending upon the recommendation of the therapist.
1931 (27) "Guardianship of the person" includes the authority to consent to:
1932 (a) marriage;
1933 (b) enlistment in the armed forces;
1934 (c) major medical, surgical, or psychiatric treatment; or
1935 (d) legal custody, if legal custody is not vested in another individual, agency, or
1937 (28) "Habitual truant" means the same as that term is defined in Section 53G-6-201.
1938 (29) "Harm" means:
1939 (a) physical or developmental injury or damage;
1940 (b) emotional damage that results in a serious impairment in the child's growth,
1941 development, behavior, or psychological functioning;
1942 (c) sexual abuse; or
1943 (d) sexual exploitation.
1944 (30) (a) "Incest" means engaging in sexual intercourse with an individual whom the
1945 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1946 nephew, niece, or first cousin.
1947 (b) The relationships described in Subsection (30)(a) include:
1948 (i) blood relationships of the whole or half blood, without regard to legitimacy;
1949 (ii) relationships of parent and child by adoption; and
1950 (iii) relationships of stepparent and stepchild while the marriage creating the
1951 relationship of a stepparent and stepchild exists.
1952 (31) "Intake probation" means a period of court monitoring that does not include field
1953 supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
1954 return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
1955 (32) "Intellectual disability" means a significant subaverage general intellectual
1956 functioning existing concurrently with deficits in adaptive behavior that constitutes a
1957 substantial limitation to the individual's ability to function in society.
1958 (33) "Legal custody" means a relationship embodying the following rights and duties:
1959 (a) the right to physical custody of the minor;
1960 (b) the right and duty to protect, train, and discipline the minor;
1961 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1962 medical care;
1963 (d) the right to determine where and with whom the minor shall live; and
1964 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1965 (34) "Material loss" means an uninsured:
1966 (a) property loss;
1967 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
1968 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
1969 police or prosecution; or
1970 (d) medical expense.
1971 (35) "Mental illness" means:
1972 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1973 behavioral, or related functioning; or
1974 (b) the same as that term is defined in:
1975 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1976 published by the American Psychiatric Association; or
1977 (ii) the current edition of the International Statistical Classification of Diseases and
1978 Related Health Problems.
1979 (36) "Minor" means:
1980 (a) for the purpose of juvenile delinquency:
1981 (i) a child; or
1982 (ii) an individual:
1983 (A) who is at least 18 years old and younger than 25 years old; and
1984 (B) whose case is under the jurisdiction of the juvenile court; and
1985 (b) for all other purposes in this chapter:
1986 (i) a child; or
1987 (ii) an individual:
1988 (A) who is at least 18 years old and younger than 21 years old; and
1989 (B) whose case is under the jurisdiction of the juvenile court.
1990 (37) "Mobile crisis outreach team" means a crisis intervention service for a minor or
1991 the family of a minor experiencing a behavioral health or psychiatric emergency.
1992 (38) "Molestation" means that an individual, with the intent to arouse or gratify the
1993 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
1994 or the breast of a female child, or takes indecent liberties with a child as defined in Section
1996 (39) (a) "Natural parent" means a minor's biological or adoptive parent.
1997 (b) "Natural parent" includes the minor's noncustodial parent.
1998 (40) (a) "Neglect" means action or inaction causing:
1999 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2000 Relinquishment of a Newborn Child;
2001 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2002 guardian, or custodian;
2003 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2004 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
2006 (iv) a child to be at risk of being neglected or abused because another child in the same
2007 home is neglected or abused;
2008 (v) abandonment of a child through an unregulated custody transfer; or
2009 (vi) educational neglect.
2010 (b) "Neglect" does not include:
2011 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
2012 reason, does not provide specified medical treatment for a child;
2013 (ii) a health care decision made for a child by the child's parent or guardian, unless the
2014 state or other party to a proceeding shows, by clear and convincing evidence, that the health
2015 care decision is not reasonable and informed;
2016 (iii) a parent or guardian exercising the right described in Section 78A-6-301.5; or
2017 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2018 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
2020 (A) traveling to and from school, including by walking, running, or bicycling;
2021 (B) traveling to and from nearby commercial or recreational facilities;
2022 (C) engaging in outdoor play;
2023 (D) remaining in a vehicle unattended, except under the conditions described in
2024 Subsection 76-10-2202(2);
2025 (E) remaining at home unattended; or
2026 (F) engaging in a similar independent activity.
2027 (41) "Neglected child" means a child who has been subjected to neglect.
2028 (42) "Nonjudicial adjustment" means closure of the case by the assigned probation
2029 officer without judicial determination upon the consent in writing of:
2030 (a) the assigned probation officer; and
2031 (b) (i) the minor; or
2032 (ii) the minor and the minor's parent, legal guardian, or custodian.
2033 (43) "Not competent to proceed" means that a minor, due to a mental illness,
2034 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
2035 (a) understand the nature of the proceedings against the minor or of the potential
2036 disposition for the offense charged; or
2037 (b) consult with counsel and participate in the proceedings against the minor with a
2038 reasonable degree of rational understanding.
2039 (44) "Physical abuse" means abuse that results in physical injury or damage to a child.
2040 (45) "Probation" means a legal status created by court order following an adjudication
2041 on the ground of a violation of law or under Section 78A-6-103, whereby the minor is
2042 permitted to remain in the minor's home under prescribed conditions.
2043 (46) "Prosecuting attorney" means:
2044 (a) the attorney general and any assistant attorney general;
2045 (b) any district attorney or deputy district attorney;
2046 (c) any county attorney or assistant county attorney; and
2047 (d) any other attorney authorized to commence an action on behalf of the state.
2048 (47) "Protective supervision" means a legal status created by court order following an
2049 adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
2050 remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
2051 dependency is provided by the probation department or other agency designated by the court.
2052 (48) (a) "Related condition" means a condition that:
2053 (i) is found to be closely related to intellectual disability;
2054 (ii) results in impairment of general intellectual functioning or adaptive behavior
2055 similar to that of an intellectually disabled individual;
2056 (iii) is likely to continue indefinitely; and
2057 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2058 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2059 serious emotional or behavioral disturbance.
2060 (49) (a) "Residual parental rights and duties" means those rights and duties remaining
2061 with the parent after legal custody or guardianship, or both, have been vested in another person
2062 or agency, including:
2063 (i) the responsibility for support;
2064 (ii) the right to consent to adoption;
2065 (iii) the right to determine the child's religious affiliation; and
2066 (iv) the right to reasonable parent-time unless restricted by the court.
2067 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2068 right to consent to:
2069 (i) marriage;
2070 (ii) enlistment; and
2071 (iii) major medical, surgical, or psychiatric treatment.
2072 (50) "Secure facility" means any facility operated by or under contract with the
2073 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2074 youth offenders committed to the division for custody and rehabilitation in accordance with
2075 Subsection 78A-6-117(2)(d).
2076 (51) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
2078 (52) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
2080 (53) "Sexual abuse" means:
2081 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2082 adult directed towards a child;
2083 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2084 committed by a child towards another child if:
2085 (i) there is an indication of force or coercion;
2086 (ii) the children are related, as described in Subsection (30), including siblings by
2087 marriage while the marriage exists or by adoption;
2088 (iii) there have been repeated incidents of sexual contact between the two children,
2089 unless the children are 14 years old or older; or
2090 (iv) there is a disparity in chronological age of four or more years between the two
2092 (c) engaging in any conduct with a child that would constitute an offense under any of
2093 the following, regardless of whether the individual who engages in the conduct is actually
2094 charged with, or convicted of, the offense:
2095 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2096 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2097 (ii) child bigamy, Section 76-7-101.5;
2098 (iii) incest, Section 76-7-102;
2099 (iv) lewdness, Section 76-9-702;
2100 (v) sexual battery, Section 76-9-702.1;
2101 (vi) lewdness involving a child, Section 76-9-702.5; or
2102 (vii) voyeurism, Section 76-9-702.7; or
2103 (d) subjecting a child to participate in or threatening to subject a child to participate in
2104 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2106 (54) "Sexual exploitation" means knowingly:
2107 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2108 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2109 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2110 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2111 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2112 material depicting a child:
2113 (i) in the nude, for the purpose of sexual arousal of any individual; or
2114 (ii) engaging in sexual or simulated sexual conduct; or
2115 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2116 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2117 is actually charged with, or convicted of, the offense.
2118 (55) "Shelter" means the temporary care of a child in a physically unrestricted facility
2119 pending court disposition or transfer to another jurisdiction.
2120 (56) "Single criminal episode" means the same as that term is defined in Section
2122 (57) "Status offense" means a violation of the law that would not be a violation but for
2123 the age of the offender.
2124 (58) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
2126 (59) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
2127 (60) "Supported" means the same as that term is defined in Section 62A-4a-101.
2128 (61) "Termination of parental rights" means the permanent elimination of all parental
2129 rights and duties, including residual parental rights and duties, by court order.
2130 (62) "Therapist" means:
2131 (a) an individual employed by a state division or agency for the purpose of conducting
2132 psychological treatment and counseling of a minor in its custody; or
2133 (b) any other individual licensed or approved by the state for the purpose of conducting
2134 psychological treatment and counseling.
2135 (63) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
2136 that the child is at an unreasonable risk of harm or neglect.
2137 (64) "Unregulated custody transfer" means the placement of a child:
2138 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2139 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
2140 whom the child is familiar, or a member of the child's federally recognized tribe;
2141 (b) with the intent of severing the child's existing parent-child or guardian-child
2142 relationship; and
2143 (c) without taking:
2144 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2146 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2147 guardianship to the individual taking custody of the child.
2148 (65) "Unsupported" means the same as that term is defined in Section 62A-4a-101.
2149 (66) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
2150 (67) "Validated risk and needs assessment" means an evidence-based tool that assesses
2151 a minor's risk of reoffending and a minor's criminogenic needs.
2152 (68) (a) "Victim" means a person that the court determines has suffered a material loss
2153 as a result of a minor's wrongful act or conduct.
2154 (b) "Victim" includes the Utah Office for Victims of Crime.
2155 (69) "Without merit" means the same as that term is defined in Section 62A-4a-101.
2156 Section 20. Section 78A-6-109 is amended to read:
2157 78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice to
2158 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
2159 process for attendance of witnesses when authorized.
2160 (1) After a petition is filed the court shall promptly issue a summons, unless the judge
2161 directs that a further investigation is needed. No summons is required as to any person who
2162 appears voluntarily or who files a written waiver of service with the clerk of the court at or
2163 before the hearing.
2164 (2) The summons shall contain:
2165 (a) the name of the court;
2166 (b) the title of the proceedings; and
2167 (c) except for a published summons, a brief statement of the substance of the
2168 allegations in the petition.
2169 (3) A published summons shall state:
2170 (a) that a proceeding concerning the minor is pending in the court; and
2171 (b) an adjudication will be made.
2172 (4) The summons shall require the person or persons who have physical custody of the
2173 minor to appear personally and bring the minor before the court at a time and place stated. If
2174 the person or persons summoned are not the parent, parents, or guardian of the minor, the
2175 summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
2176 them of the pendency of the case and of the time and place set for the hearing.
2177 (5) Summons may be issued requiring the appearance of any other person whose
2178 presence the court finds necessary.
2179 (6) If it appears to the court that the welfare of the minor or of the public requires that
2180 the minor be taken into custody, and it does not conflict with Section 78A-6-106.5, the court
2181 may by endorsement upon the summons direct that the person serving the summons take the
2182 minor into custody at once.
2183 (7) Subject to Subsection 78A-6-117(2), upon the sworn testimony of one or more
2184 reputable physicians, the court may order emergency medical or surgical treatment that is
2185 immediately necessary for a minor concerning whom a petition has been filed pending the
2186 service of summons upon the minor's parents, guardian, or custodian.
2187 (8) A parent or guardian is entitled to the issuance of compulsory process for the
2188 attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
2189 guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
2190 witnesses on behalf of the minor.
2191 (9) Service of summons and process and proof of service shall be made in the manner
2192 provided in the Utah Rules of Civil Procedure.
2193 (10) (a) Service of summons or process shall be made by the sheriff of the county
2194 where the service is to be made, or by the sheriff's deputy.
2195 (b) Notwithstanding Subsection (10)(a), upon request of the court, service shall be
2196 made by any other peace officer, or by another suitable person selected by the court.
2197 (11) Service of summons in the state shall be made personally, by delivering a copy to
2198 the person summoned; provided, however, that parents of a minor living together at their usual
2199 place of abode may both be served by personal delivery to either parent of copies of the
2200 summons, one copy for each parent.
2201 (12) If the judge makes a written finding that the judge has reason to believe that
2202 personal service of the summons will be unsuccessful, or will not accomplish notification
2203 within a reasonable time after issuance of the summons, the judge may order service by
2204 registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
2205 last-known address of the person to be served in the state. Service shall be complete upon
2206 return to the court of the signed receipt.
2207 (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
2208 cannot be found within the state, the fact of their minor's presence within the state shall confer
2209 jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
2210 parent or guardian, provided that due notice has been given in the following manner:
2211 (a) If the address of the parent or guardian is known, due notice is given by sending the
2212 parent or guardian a copy of the summons by registered mail with a return receipt to be signed
2213 by the addressee only, or by personal service outside the state, as provided in the Utah Rules of
2214 Civil Procedure. Service by registered mail shall be complete upon return to the court of the
2215 signed receipt.
2216 (b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
2217 after diligent inquiry be ascertained, due notice is given by publishing a summons:
2218 (A) in a newspaper having general circulation in the county in which the proceeding is
2219 pending once a week for four successive weeks; [
2220 (B) in accordance with Section 45-1-101 for four weeks.
2221 (ii) Service shall be complete on the day of the last publication.
2222 (c) Service of summons as provided in this subsection shall vest the court with
2223 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
2224 the person served was served personally within the state.
2225 (14) In the case of service in the state, service completed not less than 48 hours before
2226 the time set in the summons for the appearance of the person served, shall be sufficient to
2227 confer jurisdiction. In the case of service outside the state, service completed not less than five
2228 days before the time set in the summons for appearance of the person served, shall be sufficient
2229 to confer jurisdiction.
2230 (15) Computation of periods of time under this chapter shall be made in accordance
2231 with the Utah Rules of Civil Procedure.
2232 Section 21. Section 78A-6-306 is amended to read:
2233 78A-6-306. Shelter hearing.
2234 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
2235 after any one or all of the following occur:
2236 (a) removal of the child from the child's home by the division;
2237 (b) placement of the child in the protective custody of the division;
2238 (c) emergency placement under Subsection 62A-4a-202.1(4);
2239 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
2240 at the request of the division; or
2241 (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
2242 Subsection 78A-6-106(4).
2243 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
2244 division shall issue a notice that contains all of the following:
2245 (a) the name and address of the person to whom the notice is directed;
2246 (b) the date, time, and place of the shelter hearing;
2247 (c) the name of the child on whose behalf a petition is being brought;
2248 (d) a concise statement regarding:
2249 (i) the reasons for removal or other action of the division under Subsection (1); and
2250 (ii) the allegations and code sections under which the proceeding has been instituted;
2251 (e) a statement that the parent or guardian to whom notice is given, and the child, are
2252 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
2253 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
2254 provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and
2255 (f) a statement that the parent or guardian is liable for the cost of support of the child in
2256 the protective custody, temporary custody, and custody of the division, and the cost for legal
2257 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
2258 ability of the parent or guardian.
2259 (3) The notice described in Subsection (2) shall be personally served as soon as
2260 possible, but no later than one business day after removal of the child from the child's home, or
2261 the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
2262 78A-6-106(4), on:
2263 (a) the appropriate guardian ad litem; and
2264 (b) both parents and any guardian of the child, unless the parents or guardians cannot
2265 be located.
2266 (4) The following persons shall be present at the shelter hearing:
2267 (a) the child, unless it would be detrimental for the child;
2268 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
2269 fail to appear in response to the notice;
2270 (c) counsel for the parents, if one is requested;
2271 (d) the child's guardian ad litem;
2272 (e) the caseworker from the division who is assigned to the case; and
2273 (f) the attorney from the attorney general's office who is representing the division.
2274 (5) (a) At the shelter hearing, the court shall:
2275 (i) provide an opportunity to provide relevant testimony to:
2276 (A) the child's parent or guardian, if present; and
2277 (B) any other person having relevant knowledge;
2278 (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify; and
2279 (iii) in accordance with Subsections 78A-6-307(18)(c) through (e), grant preferential
2280 consideration to a relative or friend for the temporary placement of the child.
2281 (b) The court:
2282 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
2284 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
2285 the requesting party, or their counsel; and
2286 (iii) may in its discretion limit testimony and evidence to only that which goes to the
2287 issues of removal and the child's need for continued protection.
2288 (6) If the child is in the protective custody of the division, the division shall report to
2289 the court:
2290 (a) the reason why the child was removed from the parent's or guardian's custody;
2291 (b) any services provided to the child and the child's family in an effort to prevent
2293 (c) the need, if any, for continued shelter;
2294 (d) the available services that could facilitate the return of the child to the custody of
2295 the child's parent or guardian; and
2296 (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
2297 child or friends of the child's parents may be able and willing to accept temporary placement of
2298 the child.
2299 (7) The court shall consider all relevant evidence provided by persons or entities
2300 authorized to present relevant evidence pursuant to this section.
2301 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
2302 cause shown, the court may grant no more than one continuance, not to exceed five judicial
2304 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
2305 a continuance under Subsection (8)(a).
2306 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
2307 described in Subsection (2) within the time described in Subsection (3), the court may grant the
2308 request of a parent or guardian for a continuance, not to exceed five judicial days.
2309 (9) (a) If the child is in the protective custody of the division, the court shall order that
2310 the child be returned to the custody of the parent or guardian unless it finds, by a
2311 preponderance of the evidence, consistent with the protections and requirements provided in
2312 Subsection 62A-4a-201(1), that any one of the following exists:
2313 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
2314 safety of the child and the child's physical health or safety may not be protected without
2315 removing the child from the custody of the child's parent;
2316 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
2317 the child's growth, development, behavior, or psychological functioning;
2318 (B) the parent or guardian is unwilling or unable to make reasonable changes that
2319 would sufficiently prevent future damage; and
2320 (C) there are no reasonable means available by which the child's emotional health may
2321 be protected without removing the child from the custody of the child's parent or guardian;
2322 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
2323 not removed from the custody of the child's parent or guardian;
2324 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
2325 household has been, or is considered to be at substantial risk of being, physically abused,
2326 sexually abused, or sexually exploited by a:
2327 (A) parent or guardian;
2328 (B) member of the parent's household or the guardian's household; or
2329 (C) person known to the parent or guardian;
2330 (v) the parent or guardian is unwilling to have physical custody of the child;
2331 (vi) the parent or guardian is unable to have physical custody of the child;
2334 for safe and appropriate care for the child;
2336 parent or guardian is unwilling or unable to provide care or support for the child;
2337 (B) the whereabouts of the parent or guardian are unknown; and
2338 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
2340 78A-6-301.5, the child is in immediate need of medical care;
2342 beyond a reasonable period of time poses a threat to the child's health or safety; and
2343 (B) the parent or guardian is unwilling or unable to make reasonable changes that
2344 would remove the threat;
2347 (B) the parent or guardian is unwilling or unable to make reasonable changes that
2348 would prevent the neglect;
2350 parent or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug
2351 Lab Act, and any clandestine laboratory operation was located in the residence or on the
2352 property where the child resided;
2354 (B) the parent or guardian is unwilling or unable to make reasonable changes that
2355 would remove the danger; or
2357 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
2359 (B) is identified by a law enforcement agency as the primary suspect in an investigation
2360 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
2361 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2362 recklessly causing the death of another parent of the child.
2363 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
2364 established if:
2365 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
2366 involving the parent; and
2367 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
2368 (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
2369 allowed the child to be in the physical care of a person after the parent received actual notice
2370 that the person physically abused, sexually abused, or sexually exploited the child, that fact
2371 constitutes prima facie evidence that there is a substantial risk that the child will be physically
2372 abused, sexually abused, or sexually exploited.
2373 (10) (a) (i) The court shall also make a determination on the record as to whether
2374 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
2375 child's home and whether there are available services that would prevent the need for continued
2377 (ii) If the court finds that the child can be safely returned to the custody of the child's
2378 parent or guardian through the provision of those services, the court shall place the child with
2379 the child's parent or guardian and order that those services be provided by the division.
2380 (b) In making the determination described in Subsection (10)(a), and in ordering and
2381 providing services, the child's health, safety, and welfare shall be the paramount concern, in
2382 accordance with federal law.
2383 (11) Where the division's first contact with the family occurred during an emergency
2384 situation in which the child could not safely remain at home, the court shall make a finding that
2385 any lack of preplacement preventive efforts was appropriate.
2386 (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
2387 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
2388 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
2389 return a child to the child's home, provide reunification services, or attempt to rehabilitate the
2390 offending parent or parents.
2391 (13) The court may not order continued removal of a child solely on the basis of
2392 educational neglect as defined in Section 78A-6-105, truancy, or failure to comply with a court
2393 order to attend school.
2394 (14) (a) Whenever a court orders continued removal of a child under this section, the
2395 court shall state the facts on which that decision is based.
2396 (b) If no continued removal is ordered and the child is returned home, the court shall
2397 state the facts on which that decision is based.
2398 (15) If the court finds that continued removal and temporary custody are necessary for
2399 the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
2400 regardless of:
2401 (a) any error in the initial removal of the child;
2402 (b) the failure of a party to comply with notice provisions; or
2403 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
2404 and Family Services.
2405 Section 22. Section 78A-6-317 is amended to read:
2406 78A-6-317. All proceedings -- Persons entitled to be present -- Legal
2407 representation -- Records sharing -- Admissibility of evidence.
2408 (1) A child who is the subject of a juvenile court hearing, any person entitled to notice
2409 pursuant to Section 78A-6-306 or 78A-6-310, preadoptive parents, foster parents, and any
2410 relative providing care for the child, are:
2411 (a) entitled to notice of, and to be present at, each hearing and proceeding held under
2412 this part, including administrative reviews; and
2413 (b) have a right to be heard at each hearing and proceeding described in Subsection
2415 (2) A child shall be represented at each hearing by the guardian ad litem appointed to
2416 the child's case by the court. The child has a right to be present at each hearing, subject to the
2417 discretion of the guardian ad litem or the court regarding any possible detriment to the child.
2418 (3) (a) The parent or guardian of a child who is the subject of a petition under this part
2419 has the right to be represented by counsel, and to present evidence, at each hearing.
2420 (b) A court may appoint an indigent defense service provider as provided in Title 78B,
2421 Chapter 22, Indigent Defense Act.
2422 (4) In every abuse, neglect, or dependency proceeding under this chapter, the court
2423 shall order that the child be represented by a guardian ad litem, in accordance with Section
2424 78A-6-902. The guardian ad litem shall represent the best interest of the child, in accordance
2425 with the requirements of that section, at the shelter hearing and at all subsequent court and
2426 administrative proceedings, including any proceeding for termination of parental rights in
2427 accordance with Part 5, Termination of Parental Rights Act.
2428 (5) (a) Except as provided in Subsection (5)(b), and notwithstanding any other
2429 provision of law:
2430 (i) counsel for all parties to the action shall be given access to all records, maintained
2431 by the division or any other state or local public agency, that are relevant to the abuse, neglect,
2432 or dependency proceeding under this chapter; and
2433 (ii) if the natural parent of a child is not represented by counsel, the natural parent shall
2434 have access to the records described in Subsection (5)(a)(i).
2435 (b) The disclosures described in Subsection (5)(a) are not required in the following
2437 (i) subject to Subsection (5)(c), the division or other state or local public agency did not
2438 originally create the record being requested;
2439 (ii) disclosure of the record would jeopardize the life or physical safety of a child who
2440 has been a victim of abuse or neglect, or any person who provided substitute care for the child;
2441 (iii) disclosure of the record would jeopardize the anonymity of the person or persons
2442 making the initial report of abuse or neglect or any others involved in the subsequent
2444 (iv) disclosure of the record would jeopardize the life or physical safety of an
2445 individual who has been a victim of domestic violence; or
2451 recording, and a transcript of the recording, the release of which is governed by Section
2453 (c) If a disclosure is denied under Subsection (5)(b)(i), the division shall inform the
2454 person making the request of the following:
2455 (i) the existence of all records in the possession of the division or any other state or
2456 local public agency;
2457 (ii) the name and address of the person or agency that originally created the record; and
2458 (iii) that the requesting person must seek access to the record from the person or
2459 agency that originally created the record.
2460 Section 23. Section 78A-6-1503 is amended to read:
2461 78A-6-1503. Requirements to apply to expunge an adjudication.
2462 (1) (a) [
2463 adjudicated by a juvenile court may petition the court for an order to expunge the individual's
2464 juvenile court record and any related records in the custody of an agency if:
2465 (i) the individual has reached 18 years old; and
2466 (ii) at least one year has passed from the date of:
2467 (A) termination of the continuing jurisdiction of the juvenile court; or
2468 (B) the individual's unconditional release from the custody of the Division of Juvenile
2469 Justice Services if the individual was committed to a secure youth corrections facility.
2470 (b) The court may waive the requirements in Subsection (1)(a) if the court finds, and
2471 states on the record, the reason why the waiver is appropriate.
2472 (c) The petitioner shall include in the petition described in Subsection (1)(a):
2473 (i) any agency known or alleged to have any records related to the offense for which
2474 expungement is being sought; and
2475 (ii) the original criminal history report obtained from the Bureau of Criminal
2476 Identification in accordance with Section 53-10-108.
2477 (d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the
2478 county attorney or, if within a prosecution district, the district attorney.
2479 (e) (i) Upon the filing of a petition described in Subsection (1)(a), the court shall:
2480 (A) set a date for a hearing;
2481 (B) notify the county attorney or district attorney and the agency with custody of the
2482 records at least 30 days before the day on which the hearing of the pendency of the petition is
2483 scheduled; and
2484 (C) notify the county attorney or district attorney and the agency with records that the
2485 petitioner is asking the court to expunge of the date of the hearing.
2486 (ii) (A) The court shall provide a victim with the opportunity to request notice of a
2487 petition described in Subsection (1)(a).
2488 (B) Upon the victim's request under Subsection (1)(e)(ii)(A), the victim shall receive
2489 notice of the petition at least 30 days before the day on which the hearing is scheduled if,
2490 before the day on which an expungement order is made, the victim or, in the case of a child or
2491 an individual who is incapacitated or deceased, the victim's next of kin or authorized
2492 representative submits a written and signed request for notice to the court in the judicial district
2493 in which the offense occurred or judgment is entered.
2494 (C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition
2495 described in Subsection (1)(a) and any statutes and rules applicable to the petition.
2496 (2) (a) At the hearing described in Subsection (1)(e)(i), the county attorney or district
2497 attorney, a victim, and any other individual who may have relevant information about the
2498 petitioner may testify.
2499 (b) In deciding whether to grant a petition described in Subsection (1)(a) for
2500 expungement, the court shall consider whether the rehabilitation of the petitioner has been
2501 attained to the satisfaction of the court, including the petitioner's response to programs and
2502 treatment, the petitioner's behavior subsequent to the adjudication, and the nature and
2503 seriousness of the conduct.
2504 (c) [
2505 the petitioner's records under the control of the juvenile court and an agency or an official[
2508 court finds that:
2510 described in Subsection (1)(a) is filed, been convicted of a violent felony, as defined in Section
2513 petitioner; and
2515 the expungement is sought has been satisfied.
2516 (ii) A court may not order the Division of Child and Family Services to seal a
2517 petitioner's record that is contained in the Management Information System created in Section
2518 62A-4a-1003 or the Licensing Information System created in Section 62A-4a-1005 unless:
2519 (A) the record is unsupported; or
2520 (B) after notice and an opportunity to be heard, the Division of Child and Family
2521 Services stipulates in writing to sealing the record.
2522 (3) (a) The petitioner is responsible for service of the expungement order issued under
2523 Subsection (2) to any affected agency or official.
2524 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
2525 official receiving the expungement order described in Subsection (3)(a) shall only expunge all
2526 references to the petitioner's name in the records pertaining to the petitioner's juvenile court
2528 (4) (a) The court may not expunge a record if the record contains an adjudication of:
2531 (b) This section does not apply to an adjudication under Part 3, Abuse, Neglect, or
2532 Dependency Proceedings, Part 5, Termination of Parental Rights Act, or Part 14, Restoration of
2533 Parental Rights Act.
2534 Section 24. Coordinating S.B. 99 with H.B. 285 -- Technical and substantive
2536 If this S.B. 99 and H.B. 285, Juvenile Recodification, both pass and become law, the
2537 Legislature intends that, on September 1, 2021, the Office of Legislative Research and General
2538 Counsel shall prepare the Utah Code database for publication by amending Subsection
2539 80-3-107(2)(b) to read:
2540 "(b) The disclosures described in Subsection (2)(a) are not required if:
2541 (i) subject to Subsection (2)(c), the division or other state or local public agency did not
2542 originally create the record being requested;
2543 (ii) disclosure of the record would jeopardize the life or physical safety of a child who
2544 has been a victim of abuse or neglect, or any individual who provided substitute care for the
2546 (iii) disclosure of the record would jeopardize the anonymity of the individual making
2547 the initial report of abuse or neglect or any others involved in the subsequent investigation;
2548 (iv) disclosure of the record would jeopardize the life or physical safety of an
2549 individual who has been a victim of domestic violence; or
2550 (v) the record is a Children's Justice Center interview, including a video or audio
2551 recording, and a transcript of the recording, the release of which is governed by Section