26B-2-121. Access to abuse and neglect information.
553 words·~3 min read·
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Effective 5/7/2025
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-6-101 .
(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) or 80-3-504(6) , for the purpose of:
(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 Section 80-3-404 or 80-3-504 ; 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 Section 80-3-404 or 80-3-504 ;
(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 Section 80-3-404 or 80-3-504 ; 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 Section 80-3-404 or 80-3-504 ; or
(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 Section 80-3-404 or 80-3-504 ; 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 Section 80-3-404 or 80-3-504 .
(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 or 80-3-504 , that the person committed a severe type of child abuse or neglect.
Amended by Chapter 46 , 2025 General Session
Amended by Chapter 447 , 2025 General Session