80-2-1007.  Request to examine division services payment — Access to related records — Unlawful use — Penalty.

(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 80-2-1007

  • Consumer: means a person who receives services offered by the division in accordance with this chapter. See Utah Code 80-2-102
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
  • Person: means :Utah Code 68-3-12.5
  • Protective 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 80-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  An individual who is a taxpayer and resident of this state and who desires to examine a payment for services offered by the division in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall sign a statement using a form prescribed by the division that includes:

    (i)  an assertion that the individual is a taxpayer and a resident of the state; and

    (ii)  a commitment that any information obtained will not be used for commercial or political purposes.

    (b)  An individual may not make a partial or complete list of names, addresses, or amounts of payment under Subsection (1)(a) or remove information regarding names, addresses, or amounts of payment under Subsection (1)(a) from an office of the division.

(2)  The division shall:

(a)  after due consideration of the public interest, define the nature of confidential information to be safeguarded by the division; and

(b)  establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(i)  govern the custody and disclosure of the confidential information; and

(ii)  provide access to information regarding payments for services offered by the division.

(3)  This section does not prohibit:

(a)  the division or an agent of the division, or an individual, commission, or agency duly authorized for the purpose, from making a special study or issuing or publishing statistical material or a report of a general character; or

(b)  the division or a division representative or employee from conveying or providing to a local, state, or federal governmental agency written information that would affect an individual’s eligibility or ineligibility for financial service, or other beneficial program offered by the governmental agency.

(4)  A person may access a division program plan, policy, or record, including a consumer record or data, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

(5)  A person who violates this section is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 334, 2022 General Session