26B-6-212. Access to information in database. The database and the adult protection case file:
(1)
shall be made available to law enforcement agencies, the attorney general’s office, city attorneys, the Division of Professional Licensing, and county or district attorney’s offices;
Terms Used In Utah Code 26B-6-212
Abuse: means :
(a)
knowingly or intentionally:
(i)
attempting to cause harm;
(ii)
causing harm; or
(iii)
placing another in fear of harm;
(b)
unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;
Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
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.
failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or
(B)
failure of a caretaker to provide protection from health and safety hazards or maltreatment;
(ii)
failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(iii)
a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
(iv)
knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;
Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(a)
provide personal protection;
(b)
provide necessities such as food, shelter, clothing, or mental or other health care;
(c)
obtain services necessary for health, safety, or welfare;
(d)
carry out the activities of daily living;
(e)
manage the adult's own financial resources; or
(f)
comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
(2)
shall be released as required under Subsection 63G-2-202(4)(c); and
(3)
may be made available, at the discretion of the division, to:
(a)
subjects of a report as follows:
(i)
a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or that adult’s attorney or legal guardian; and
(ii)
a person identified in a report as having abused, neglected, or exploited a vulnerable adult, or that person’s attorney; and
(b)
persons involved in an evaluation or assessment of the vulnerable adult as follows:
(i)
an employee or contractor of the department who is responsible for the evaluation or assessment of an adult protection case file;
(ii)
a multidisciplinary team approved by the division to assist AdultProtective Services in the evaluation, assessment, and disposition of a vulnerable adult case;
(iii)
an authorized person or agency providing services to, or responsible for, the care, treatment, assessment, or supervision of a vulnerable adult named in the report as a victim, when in the opinion of the division, that information will assist in the protection of, or provide other benefits to, the victim;
(iv)
a licensing authority for a facility, program, or person providing care to a victim named in a report; and
(v)
legally authorized protection and advocacy agencies when they represent a victim or have been requested by the division to assist on a case, including:
(A)
the Office of Public Guardian, created in Section 26B-6-302; and
(B)
the Long-Term Care Ombudsman Program, created in Section 26B-2-303.
Renumbered and Amended by Chapter 308, 2023 General Session
