| (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 80-1-102Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102Adjudicative proceeding: means :Utah Code 68-3-12.5Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Council: means the Child Welfare Improvement Council created in Section 80-2-1101. See Utah Code 80-2-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102Jurisdiction: (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.Neglect: 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 80-1-102Severe 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 80-1-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Supported: 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 80-1-102 |
| (a) |
Except as provided in Subsection (2), if, after investigation, the division makes a supported finding, the division shall send a notice of agency action to the alleged perpetrator. |
| (b) |
If the alleged perpetrator described in Subsection (1)(a) is under 18 years old, the division shall:
| (i) |
make reasonable efforts to identify the alleged perpetrator’s parent or guardian; and |
| (ii) |
send a notice to each parent or guardian identified under Subsection (1)(b)(i) that lives at a different address, unless there is good cause, as defined by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not sending a notice to the parent or guardian. |
|
| (c) |
This section does not affect:
| (i) |
the manner in which the division conducts an investigation; or |
| (ii) |
the use or effect, in any other setting, of a supported finding by the division at the completion of an investigation for any purpose other than for notification under Subsection (1) (a) or (b). |
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| (2) |
Subsection (1) does not apply to an alleged perpetrator who is served with notice under Section 80-2-708. |
| (3) |
The notice described in Subsection (1) shall state that:
| (a) |
the division conducted an investigation regarding alleged abuse, neglect, or dependency; |
| (b) |
the division made a supported finding of abuse, neglect, or dependency; |
| (c) |
facts gathered by the division support the supported finding; |
| (d) |
the alleged perpetrator has the right to request:
| (i) |
a copy of the report; and |
| (ii) |
an opportunity to challenge the supported finding by the division; and |
|
| (e) |
failure to request an opportunity to challenge the supported finding within 30 days after the day on which the notice is received will result in an unappealable supported finding of abuse, neglect, or dependency unless the alleged perpetrator can show good cause for why compliance within the 30-day requirement is virtually impossible or unreasonably burdensome. |
|
| (4) |
| (a) |
Except as provided in Subsection (7), an alleged perpetrator may make a request to challenge a supported finding within 30 days after the day on which the alleged perpetrator receives a notice under this section. |
|
| (5) |
| (a) |
In an adjudicative proceeding held under this section, the division has the burden of proving, by a preponderance of the evidence, that abuse, neglect, or dependency occurred and that the alleged perpetrator is substantially responsible for the abuse or neglect that occurred. |
| (c) |
A proceeding for judicial review of a final agency action under this section shall be closed to the public. |
| (d) |
The Judicial Council shall make rules that ensure the confidentiality of the proceeding described in Subsection (5)(c) and the records related to the proceedings. |
|
| (6) |
Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving notice, fails to challenge a supported finding in accordance with this section:
| (a) |
may not further challenge the finding; and |
| (b) |
shall have no right to:
| (i) |
agency review of the finding; |
| (ii) |
an adjudicative hearing on the finding; or |
| (iii) |
judicial review of the finding. |
|
|
| (7) |
| (a) |
Except as provided in Subsection (7)(b), an alleged perpetrator may not make a request under Subsection (4) to challenge a supported finding if a court of competent jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency that is the subject of the supported finding. |
| (b) |
Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements. |
| (c) |
An adjudicative proceeding under Subsection (5) may be stayed during the time a judicial action on the same matter is pending. |
|
| (8) |
Under Section 80-3-404, an adjudicative proceeding on a supported finding of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication on a supported finding of a severe type of child abuse or neglect. |
Renumbered and Amended by Chapter 334, 2022 General Session
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