| (1) |
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Terms Used In Utah Code 80-2-1002- Abuse: means :
| (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 80-1-102- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- 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 80-1-102- Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
- 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 80-1-102
- Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102
- 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 80-1-102- Person: means :Utah Code 68-3-12.5
- Severe 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 80-1-102- Statute: A law passed by a legislature.
- Supported: 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
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| (a) |
The division shall maintain a sub-part of the Management Information System as the Licensing Information System to be used:
| (i) |
for licensing purposes; or |
| (ii) |
as otherwise provided by law. |
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| (b) |
Notwithstanding Subsection (1)(a), the department’s access to information in the Management Information System for the licensure and monitoring of a foster parent is governed by Sections 80-2-1001 and 26B-2-121. |
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| (2) |
The Licensing Information System shall include only the following information:
| (a) |
the name and other identifying information of the alleged perpetrator in a supported finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator; |
| (b) |
a notation to the effect that an investigation regarding the alleged perpetrator described in Subsection (2)(a) is pending; |
| (c) |
the information described in Subsection (3); |
| (d) |
consented-to supported findings by an alleged perpetrator under Subsection 80-2-708(3)(a)(iii); |
| (e) |
a finding from the juvenile court under Section 80-3-404; and |
| (f) |
the information in the licensing part of the division’s Management Information System as of May 6, 2002. |
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| (3) |
Subject to Section 80-2-1003, upon receipt of a finding from the juvenile court under Section 80-3-404, the division shall:
| (a) |
promptly amend the Licensing Information System to include the finding; and |
| (b) |
enter the finding in the Management Information System. |
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| (4) |
Information or a record contained in the Licensing Information System is:
| (b) |
notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, accessible only:
| (i) |
to the Office of Licensing created in Section 26B-2-103:
| (A) |
for licensing purposes; or |
| (B) |
as otherwise specifically provided for by law; |
|
| (ii) |
to the division to:
| (A) |
screen an individual at the request of the Office of Guardian Ad Litem at the time the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and annually throughout the time that the individual remains with the Office of Guardian Ad Litem; and |
| (B) |
respond to a request for information from an individual whose name is listed in the Licensing Information System; |
|
| (iii) |
to a person designated by the Department of Health and Human Services, only for the following purposes:
| (A) |
licensing a child care program or provider; |
| (B) |
determining whether an individual associated with a child care facility, program, or provider, who is exempt from being licensed or certified by the Department of Health and Human Services under 4, has a supported finding of a severe type of child abuse or neglect; or |
| (C) |
determining whether an individual who is seeking an emergency medical services license has a supported finding of a severe type of child abuse or neglect; |
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| (iv) |
to a person designated by the Department of Workforce Services and approved by the Department of Health and Human Services for the purpose of qualifying a child care provider under Section 35A-3-310.5; |
| (vi) |
to the department or another person, as provided in this chapter. |
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| (5) |
A person designated by the Department of Health and Human Services or the Department of Workforce Services under Subsection (4) shall adopt measures to:
| (a) |
protect the security of the Licensing Information System; and |
| (b) |
strictly limit access to the Licensing Information System to persons allowed access by statute. |
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| (6) |
The department shall approve a person allowed access by statute to information or a record contained in the Licensing Information System and provide training to the person with respect to:
| (a) |
accessing the Licensing Information System; |
| (b) |
maintaining strict security; and |
| (c) |
the criminal provisions of Sections 63G-2-801 and 80-2-1005 pertaining to the improper release of information. |
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| (7) |
| (a) |
Except as authorized by this chapter, a person may not request another person to obtain or release any other information in the Licensing Information System to screen for potential perpetrators of abuse or neglect. |
| (b) |
A person who requests information knowing that the request is a violation of this Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801 and 80-2-1005. |
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Amended by Chapter 330, 2023 General Session
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