Utah Code 26B-2-121. Access to abuse and neglect information

26B-2-121. Access to abuse and neglect information.

(1)

As used in this section:

Terms Used In Utah Code 26B-2-121

Associated with the licensee: means that an individual is:

(i)	affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or

(ii)

applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101

Child: means an individual under 18 years old. See Utah Code 26B-2-101

Direct access: means that an individual has, or likely will have:

(a)	contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or

(b)

an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101

Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101

Person: means :Utah Code 68-3-12.5

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

(a)

“Direct service worker” means the same as that term is defined in Section 26B-6-401.

(b)	“Personal care attendant” means the same as that term is defined in Section 26B-6-401.

(2)

With respect to a licensee, a direct service worker, or a personal care attendant, the department may access only the Licensing Information System of the Division of Child and Family Services created by Section 80-2-1002 and juvenile court records under Subsection 80-3-404(4), for the purpose of:

(a)

(i)

determining whether a person associated with a licensee, with direct access to children:

(A)	is listed in the Licensing Information System; or

(B)	has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); and

(ii)

informing a licensee that a person associated with the licensee:

(A)	is listed in the Licensing Information System; or

(B)	has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2);

(b)

(i)

determining whether a direct service worker:

(A)	is listed in the Licensing Information System; or

(B)	has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); and

(ii)

informing a direct service worker or the direct service worker’s employer that the direct service worker:

(A)	is listed in the Licensing Information System; or

(B)	has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); or

(c)

(i)

determining whether a personal care attendant:

(A)	is listed in the Licensing Information System; or

(B)	has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); and

(ii)

informing a person described in Subsections 26B-6-101(9)(a)(i) through (iv) that a personal care attendant:

(A)	is listed in the Licensing Information System; or

(B)	has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2).

(3)

Notwithstanding Subsection (2), the department may access the Division of Child and Family Services’ Management Information System under Section 80-2-1001:

(a)	for the purpose of licensing and monitoring foster parents;

(b)	for the purposes described in Subsection 80-2-1001(5)(b)(iii); and

(c)	for the purpose described in Section 26B-1-211.

(4)	The department shall receive and process personal identifying information under Subsection 26B-2-120(1) for the purposes described in Subsection (2).

(5)

The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with this part, defining the circumstances under which a person may have direct access or provide services to children when:

(a)	the person is listed in the Licensing Information System of the Division of Child and Family Services created by Section 80-2-1002; or

(b)	juvenile court records show that a court made a substantiated finding under Section 80-3-404, that the person committed a severe type of child abuse or neglect.

Renumbered and Amended by Chapter 305, 2023 General Session

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