There Is a Newer Version
of
this Section
2021 Utah Code
Title 80 - Utah Juvenile Code
Chapter 3 - Abuse, Neglect, and Dependency Proceedings
Part 4 - Adjudication, Disposition, and Permanency
Section 404 - Finding of severe child abuse or neglect -- Petition for removal from Licensing Information System -- Court records.
Universal Citation:
UT Code § 80-3-404 (2021)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 9/1/2021
80-3-404. Finding of severe child abuse or neglect -- Petition for removal from Licensing Information System -- Court records.
Renumbered and Amended by Chapter 261, 2021 General Session
80-3-404. Finding of severe child abuse or neglect -- Petition for removal from Licensing Information System -- Court records.
- (1) Upon the filing with the juvenile court of an abuse, neglect, or dependency petition that informs the juvenile court that the division has made a supported finding that an individual committed a severe type of child abuse or neglect as defined in Section 62A-4a-1002, the juvenile court shall:
- (a) make a finding of substantiated, unsubstantiated, or without merit;
- (b) include the finding described in Subsection (1)(a) in a written order; and
- (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
- (2) The juvenile court shall make the finding described in Subsection (1):
- (a) as part of the adjudication hearing;
- (b) at the conclusion of the adjudication hearing; or
- (c) as part of a court order entered pursuant to a written stipulation of the parties.
- (3)
- (a) An individual described in Subsection 62A-4a-1010(1) may at any time file with the juvenile court a petition for removal of the individual's name from the Licensing Information System.
- (b) At the conclusion of the hearing on the petition described in Subsection (3), the juvenile court shall:
- (i) make a finding of substantiated, unsubstantiated, or without merit;
- (ii) include the finding described in Subsection (1)(a) in a written order; and
- (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
- (4) A proceeding for adjudication of a supported finding under this section of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication of a severe type of child abuse or neglect.
- (5) If an individual whose name appears on the Licensing Information System before May 6, 2002, files a petition under Subsection (3) during the time that an alleged perpetrator's application for clearance to work with children or vulnerable adults is pending, the juvenile court shall hear the matter and enter a final decision no later than 60 days after the day on which the petition is filed.
- (6) For the purposes of licensing under Sections 26-39-402, 62A-1-118, and 62A-2-120, and for the purposes described in Sections 26-8a-310 and 62A-2-121 and Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access:
- (a) the juvenile court shall make available records of the juvenile court's findings under Subsections (1) and (2):
- (i) for those purposes; and
- (ii) only to a person with statutory authority to access the Licensing Information System created under Section 62A-4a-1006; and
- (b) any appellate court shall make available court records of appeals from juvenile court decisions under Subsections (1), (2), (3), and (4):
- (i) for those purposes; and
- (ii) only to a person with statutory authority to also access the Licensing Information System.
- (a) the juvenile court shall make available records of the juvenile court's findings under Subsections (1) and (2):
Renumbered and Amended by Chapter 261, 2021 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
