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2017 Utah Code
Title 62A - Utah Human Services Code
Chapter 2 - Licensure of Programs and Facilities
Section 121 - Access to abuse and neglect information.
Universal Citation: UT Code § 62A-2-121 (2017)
Effective 5/10/2016
62A-2-121. Access to abuse and neglect information.
Amended by Chapter 348, 2016 General Session
62A-2-121. Access to abuse and neglect information.
- (1) For purposes of this section:
- (a) "Direct service worker" means the same as that term is defined in Section 62A-5-101.
- (b) "Personal care attendant" means the same as that term is defined in Section 62A-3-101.
- (2) With respect to a licensee, a direct service worker, or a personal care attendant, the department may access only the Licensing Information System of the Division of Child and Family Services created by Section 62A-4a-1006 and juvenile court records under Subsection 78A-6-323(6), for the purpose of:
- (a)
- (i) determining whether a person associated with a licensee, with direct access to children:
- (A) is listed in the Licensing Information System; or
- (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and
- (ii) informing a licensee that a person associated with the licensee:
- (A) is listed in the Licensing Information System; or
- (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2);
- (i) determining whether a person associated with a licensee, with direct access to children:
- (b)
- (i) determining whether a direct service worker:
- (A) is listed in the Licensing Information System; or
- (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and
- (ii) informing a direct service worker or the direct service worker's employer that the direct service worker:
- (A) is listed in the Licensing Information System; or
- (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); or
- (i) determining whether a direct service worker:
- (c)
- (i) determining whether a personal care attendant:
- (A) is listed in the Licensing Information System; or
- (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and
- (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a personal care attendant:
- (A) is listed in the Licensing Information System; or
- (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2).
- (i) determining whether a personal care attendant:
- (a)
- (3) Notwithstanding Subsection (2), the department may access the Division of Child and Family Services' Management Information System under Section 62A-4a-1003:
- (a) for the purpose of licensing and monitoring foster parents;
- (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and
- (c) for the purpose described in Section 62A-1-118.
- (4) The department shall receive and process personal identifying information under Subsection 62A-2-120(1) for the purposes described in Subsection (2).
- (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under which a person may have direct access or provide services to children when:
- (a) the person is listed in the Licensing Information System of the Division of Child and Family Services created by Section 62A-4a-1006; or
- (b) juvenile court records show that a court made a substantiated finding under Section 78A-6-323, that the person committed a severe type of child abuse or neglect.
Amended by Chapter 348, 2016 General Session
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