2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 121 - Access to abuse and neglect information.

Effective 5/3/2023
26B-2-121.
Access to abuse and neglect information.
(1) As used in this section:
(a) "Direct service worker" means the same as that term is defined in Section 26B-6-401.
(b) "Personal care attendant" means the same as that term is defined in Section 26B-6-401.
(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 80-2-1002 and juvenile court records under Subsection 80-3-404(4), 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 80-3-404(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 80-3-404(1) and (2);
(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 80-3-404(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 80-3-404(1) and (2); or
(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 80-3-404(1) and (2); and
(ii) informing a person described in Subsections 26B-6-101(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 80-3-404(1) and (2).
(3) Notwithstanding Subsection (2), the department may access the Division of Child and Family Services' Management Information System under Section 80-2-1001:
(a) for the purpose of licensing and monitoring foster parents;
(b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and
(c) for the purpose described in Section 26B-1-211.
(4) The department shall receive and process personal identifying information under Subsection 26B-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 part, 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 80-2-1002; or
(b) juvenile court records show that a court made a substantiated finding under Section 80-3-404, that the person committed a severe type of child abuse or neglect.
Renumbered and Amended by Chapter 305, 2023 General Session