2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 10 - Division and Child Welfare Records › Section 1003 - Deletion, expungement, or notation of information or reports in Management Information System or Licensing Information System.

Effective 9/1/2022
80-2-1003.
Deletion, expungement, or notation of information or reports in Management Information System or Licensing Information System.
(1)
(a) The division shall delete any reference in the Management Information System or Licensing Information System to a report that:
(i) the division determines is without merit, if no subsequent report involving the same alleged perpetrator occurs within one year after the day on which the division makes the determination; or
(ii) a court of competent jurisdiction determines is unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator occurs within five years after the day on which the juvenile court makes the determination.
(b) Except as provided in Subsection (1)(c), the information described in Subsections 80-2-1002(2)(a) and (b) shall remain in the Licensing Information System:
(i) if the alleged perpetrator fails to take the action described in Subsection 80-2-708(3)(a) within one year after the day on which the notice described in Subsections 80-2-708(1)(a) and (2) is served;
(ii) during the time that the division awaits a response from the alleged perpetrator under Subsection 80-2-708(3)(a); and
(iii) until a juvenile court determines that the severe type of child abuse or neglect upon which the Licensing Information System entry was based is unsubstantiated or without merit.
(c) Regardless of whether an appeal on the matter is pending:
(i) the division shall remove the information described in Subsections 80-2-1002(2)(a) and (b) from the Licensing Information System if the severe type of child abuse or neglect upon which the Licensing Information System entry is based:
(A) is found to be unsubstantiated or without merit by the juvenile court under Section 80-3-404; or
(B) is found to be substantiated, but is subsequently reversed on appeal; and
(ii) the division shall place back on the Licensing Information System an alleged perpetrator's name and information that is removed from the Licensing Information System under Subsection (1)(c)(i) if the court action that was the basis for removing the alleged perpetrator's name and information is subsequently reversed on appeal.
(2)
(a) The division shall maintain a separation of reports as follows:
(i) those that are supported;
(ii) those that are unsupported;
(iii) those that are without merit;
(iv) those that are unsubstantiated under the law in effect before May 6, 2002;
(v) those that are substantiated under the law in effect before May 6, 2002; and
(vi) those that are consented-to supported findings under Subsection 80-2-708(3)(a)(iii).
(b) Only a person with statutory authority may access the information contained in a report described in Subsection (2)(a).
(3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported reports or unsupported reports in the Management Information System and the Licensing Information System that:
(a) in relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that the division:
(i) shall expunge within five years after the last date on which the individual's name is placed in the information system, without requiring the subject of the report to request expungement;
(ii) shall expunge within 10 years after the last date on which the individual's name is placed in the information system, without requiring the subject of the report to request expungement;
(iii) may expunge following an individual's request for expungement in accordance with Subsection (4); and
(iv) may not expunge due to the serious nature of the specified types of child abuse or neglect;
(b) establish an administrative process and a standard of review for the subject of a report to make an expungement request; and
(c) define the term "expunge" or "expungement" to clarify the administrative process for removing a record from the information system.
(4)
(a) If an individual's name is in the Management Information System or Licensing Information System for a type of child abuse or neglect report identified under Subsection (3)(a)(iii), the individual may request to have the report expunged 10 years after the last date on which the individual's name is placed in the information system for a supported or unsupported report.
(b) If an individual's expungement request is denied, the individual shall wait at least one year after the day on which the denial is issued before the individual may again request to have the individual's report expunged.
Renumbered and Amended by Chapter 334, 2022 General Session