| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102Neglect: means action or inaction causing:| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102Person: means :Utah Code 68-3-12.5Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b):| (i) | if committed by an individual who is 18 years old or older: |
| (ii) | if committed by an individual who is under 18 years old:| (A) | causing serious physical injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or |
| (B) | sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102Subject of the report: includes the child who is the alleged victim of the report and the person responsible for the child's care. See Utah Code 80-2-102Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102 |
| (a) |
The division shall delete any reference in the Management Information System or Licensing Information System to a report that:
| (i) |
the division determines is without merit, if no subsequent report involving the same alleged perpetrator occurs within one year after the day on which the division makes the determination; or |
| (ii) |
a court of competent jurisdiction determines is unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator occurs within five years after the day on which the juvenile court makes the determination. |
|
| (b) |
Except as provided in Subsection (1)(c), the information described in Subsections 80-2-1002(2)(a) and (b) shall remain in the Licensing Information System:
| (i) |
if the alleged perpetrator fails to take the action described in Subsection 80-2-708(3)(a) within one year after the day on which the notice described in Subsections 80-2-708(1)(a) and (2) is served; |
| (ii) |
during the time that the division awaits a response from the alleged perpetrator under Subsection 80-2-708(3)(a); and |
| (iii) |
until a juvenile court determines that the severe type of child abuse or neglect upon which the Licensing Information System entry was based is unsubstantiated or without merit. |
|
| (c) |
Regardless of whether an appeal on the matter is pending:
| (i) |
the division shall remove the information described in Subsections 80-2-1002(2)(a) and (b) from the Licensing Information System if the severe type of child abuse or neglect upon which the Licensing Information System entry is based:
| (A) |
is found to be unsubstantiated or without merit by the juvenile court under Section 80-3-404; or |
| (B) |
is found to be substantiated, but is subsequently reversed on appeal; and |
|
| (ii) |
the division shall place back on the Licensing Information System an alleged perpetrator’s name and information that is removed from the Licensing Information System under Subsection (1)(c)(i) if the court action that was the basis for removing the alleged perpetrator’s name and information is subsequently reversed on appeal. |
|
|
| (2) |
| (a) |
The division shall maintain a separation of reports as follows:
| (i) |
those that are supported; |
| (ii) |
those that are unsupported; |
| (iii) |
those that are without merit; |
| (iv) |
those that are unsubstantiated under the law in effect before May 6, 2002; |
| (v) |
those that are substantiated under the law in effect before May 6, 2002; and |
|
| (b) |
Only a person with statutory authority may access the information contained in a report described in Subsection (2)(a). |
|
| (3) |
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported reports or unsupported reports in the Management Information System and the Licensing Information System that:
| (a) |
in relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that the division:
| (i) |
shall expunge within five years after the last date on which the individual’s name is placed in the information system, without requiring the subject of the report to request expungement; |
| (ii) |
shall expunge within 10 years after the last date on which the individual’s name is placed in the information system, without requiring the subject of the report to request expungement; |
| (iii) |
may expunge following an individual’s request for expungement in accordance with Subsection (4); and |
| (iv) |
may not expunge due to the serious nature of the specified types of child abuse or neglect; |
|
| (b) |
establish an administrative process and a standard of review for the subject of a report to make an expungement request; and |
| (c) |
define the term “expunge” or “expungement” to clarify the administrative process for removing a record from the information system. |
|
| (4) |
| (a) |
If an individual’s name is in the Management Information System or Licensing Information System for a type of child abuse or neglect report identified under Subsection (3)(a)(iii), the individual may request to have the report expunged 10 years after the last date on which the individual’s name is placed in the information system for a supported or unsupported report. |
| (b) |
If an individual’s expungement request is denied, the individual shall wait at least one year after the day on which the denial is issued before the individual may again request to have the individual’s report expunged. |
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Renumbered and Amended by Chapter 334, 2022 General Session
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