2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 10 - Division and Child Welfare Records › Section 1002 - Licensing Information System -- Contents -- Classification of records -- Access -- Unlawful release -- Penalty.

Effective 5/3/2023
80-2-1002.
Licensing Information System -- Contents -- Classification of records -- Access -- Unlawful release -- Penalty.
(1)
(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.
(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.
(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.
(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.
(4) Information or a record contained in the Licensing Information System is:
(a) a protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and
(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 Title 26B, Chapter 2, Part 4, Child Care Licensing, 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;
(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;
(v) as provided in Section 26B-2-121; or
(vi) to the department or another person, as provided in this chapter.
(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.
(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.
(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.
Amended by Chapter 330, 2023 General Session