| (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 80-1-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Child and family plan: means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section 80-3-307. See Utah Code 80-1-102Contract: A legal written agreement that becomes binding when signed.Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Guardian: 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 80-1-102Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102Indian tribe: means the same as that term is defined in 25 U. 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 68-3-12.5Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102Protective services: means expedited services that are provided:| (a) | in response to evidence of neglect, abuse, or dependency of a child; |
| (b) | to a cohabitant who is neglecting or abusing a child, in order to:| (i) | help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and |
| (ii) | strengthen the cohabitant's ability to provide safe and acceptable care; and |
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| (c) | in cases where the child's welfare is endangered:| (i) | to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; |
| (ii) | to cause a protective order to be issued for the protection of the child, when appropriate; and |
| (iii) | to protect the child from the circumstances that endanger the child's welfare including, when appropriate:| (A) | removal from the child's home; |
| (B) | placement in substitute care; and |
| (C) | petitioning the court for termination of parental rights. 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 80-1-102Temporary custody: means , with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. See Utah Code 80-2-102United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 |
| (2) |
The Management Information System shall:
| (a) |
contain all key elements of each family’s current child and family plan, including:
| (i) |
the dates and number of times the plan has been administratively or judicially reviewed; |
| (ii) |
the number of times the parent failed the child and family plan; and |
| (iii) |
the exact length of time the child and family plan has been in effect; and |
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| (b) |
alert child welfare caseworkers regarding deadlines for completion of and compliance with policy, including child and family plans. |
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| (3) |
For a child welfare case, the Management Information System shall provide each child welfare caseworker and the Office of Licensing created in Section 26B-2-103, exclusively for the purposes of foster parent licensure and monitoring, with a complete history of each child in the child welfare caseworker’s caseload, including:
| (a) |
a record of all past action taken by the division with regard to the child and the child’s siblings; |
| (b) |
the complete case history and all reports and information in the control or keeping of the division regarding the child and the child’s siblings; |
| (c) |
the number of times the child has been in the protective custody, temporary custody, and custody of the division; |
| (d) |
the cumulative period of time the child has been in the custody of the division; |
| (e) |
a record of all reports of abuse or neglect received by the division with regard to the child’s parent or guardian including:
| (i) |
for each report, documentation of the:
| (B) |
final outcome or determination; and |
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| (ii) |
information that indicates whether each report was found to be:
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| (f) |
the number of times the child’s parent failed any child and family plan; and |
| (g) |
the number of different child welfare caseworkers who have been assigned to the child in the past. |
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| (4) |
For child protective services cases, the Management Information System shall:
| (a) |
monitor the compliance of each case with:
| (iii) |
federal law and regulation; and |
|
| (b) |
include the age and date of birth of the alleged perpetrator at the time the abuse or neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of the alleged perpetrator. |
|
| (5) |
Information or a record contained in the Management Information System is:
| (b) |
available only:
| (ii) |
to a person who has specific statutory authorization to access the information or record for the purpose of assisting the state with state or federal requirements to maintain information solely for the purpose of protecting minors and providing services to families in need; |
| (iii) |
to the extent required by Title IV(b) or IV(e) of the Social Security Act:
| (A) |
to comply with abuse and neglect registry checks requested by other states; or |
| (B) |
to the United States Department of Health and Human Services for purposes of maintaining an electronic national registry of supported or substantiated cases of abuse and neglect; |
|
| (iv) |
to the department, upon the approval of the executive director of the department, on a need-to-know basis; |
| (v) |
as provided in Subsection (6) or Section 80-2-1002; or |
| (vi) |
to a citizen review panel for the purpose of fulfilling the panel’s duties as described in Section 80-2-1101. |
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| (6) |
| (a) |
The division may allow a division contract provider, court clerk designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to have limited access to the Management Information System. |
| (b) |
A division contract provider or Indian tribe has access only to information about a person who is currently receiving services from the specific contract provider or Indian tribe. |
| (c) |
A court clerk may only have access to information necessary to comply with Subsection 78B-7-202(2). |
| (d) |
| (i) |
The Office of Guardian Ad Litem may only access:
| (A) |
the information that is entered into the Management Information System on or after July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is appointed by a court to represent the interests of the child; or |
| (B) |
any abuse or neglect referral about a child or family where the office has been appointed by a court to represent the interests of the child, regardless of the date that the information is entered into the Management Information System. |
|
| (ii) |
The division may use the information in the Management Information System to screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the Office of Guardian Ad Litem. |
|
| (e) |
A contract provider or designated representative of the Office of Guardian Ad Litem or an Indian tribe who requests access to information contained in the Management Information System shall:
| (i) |
take all necessary precautions to safeguard the security of the information contained in the Management Information System; |
| (ii) |
train its employees regarding:
| (B) |
the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper release of information; and |
|
| (iii) |
monitor its employees to ensure that the employees protect the information contained in the Management Information System as required by law. |
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| (7) |
The division shall take:
| (a) |
all necessary precautions, including password protection and other appropriate and available technological techniques, to prevent unauthorized access to or release of information contained in the Management Information System; and |
| (b) |
reasonable precautions to ensure that the division’s contract providers comply with Subsection (6). |
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Amended by Chapter 309, 2023 General Session
Amended by Chapter 330, 2023 General Session
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