2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 107 - Disclosure of records -- Record sharing.

Effective 9/1/2022
80-3-107.
Disclosure of records -- Record sharing.
(1)
(a) Except as provided in Subsections (1)(c) through (e), in an abuse, neglect, or dependency proceeding occurring after the commencement of a shelter hearing under Section 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the proceeding shall provide in writing to any other party or the other party's counsel any information that the party:
(i) plans to report to the juvenile court at the proceeding; or
(ii) could reasonably expect would be requested of the party by the juvenile court at the proceeding.
(b) A party providing the disclosure required under Subsection (1)(a) shall make the disclosure:
(i) for a dispositional hearing under Part 4, Adjudication, Disposition, and Permanency, no less than five days before the day on which the dispositional hearing is held; and
(ii) for all other proceedings, no less than five days before the day on which the proceeding is held.
(c) The division is not required to provide a court report or a child and family plan described in Section 80-3-307 to each party to the proceeding if:
(i) the information is electronically filed with the juvenile court; and
(ii) each party to the proceeding has access to the electronically filed information.
(d) If a party to a proceeding obtains information after the deadline described in Subsection (1)(b), the information is exempt from the disclosure required under Subsection (1)(a) if the party certifies to the juvenile court that the information was obtained after the deadline.
(e) Subsection (1)(a) does not apply to:
(i) pretrial hearings; and
(ii) the frequent, periodic review hearings held in a dependency drug court case to assess and promote the parent's progress in substance use disorder treatment.
(2)
(a) Except as provided in Subsection (2)(b), and notwithstanding any other provision of law:
(i) counsel for all parties to the action shall be given access to all records, maintained by the division or any other state or local public agency, that are relevant to the abuse, neglect, or dependency proceeding under this chapter; and
(ii) if the natural parent of a child is not represented by counsel, the natural parent shall have access to the records described in Subsection (2)(a)(i).
(b) The disclosures described in Subsection (2)(a) are not required if:
(i) subject to Subsection (2)(c), the division or other state or local public agency did not originally create the record being requested;
(ii) disclosure of the record would jeopardize the life or physical safety of a child who has been a victim of abuse or neglect, or any individual who provided substitute care for the child;
(iii) disclosure of the record would jeopardize the anonymity of the individual making the initial report of abuse or neglect or any others involved in the subsequent investigation;
(iv) disclosure of the record would jeopardize the life or physical safety of an individual who has been a victim of domestic violence; or
(v) the record is a Children's Justice Center interview, including a video or audio recording, and a transcript of the recording, the release of which is governed by Section 77-37-4.
(c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the individual making the request:
(i) of the existence of all records in the possession of the division or any other state or local public agency;
(ii) of the name and address of the individual or agency that originally created the record; and
(iii) that the individual making the request must seek access to the record from the individual or agency that originally created the record.
Amended by Chapter 335, 2022 General Session