26B-6-212. Access to information in database.

306 words·~1 min read·/ut/title-26b/chapter-6/26b-6-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

The database and the adult protection case file:

(1)shall be made available to law enforcement agencies, the attorney general's office, city attorneys, the Division of Professional Licensing, and county or district attorney's offices;

(2)shall be released as required under Subsection 63G-2-202(4)(c) ; and

(3)may be made available, at the discretion of the division, to:

(a)subjects of a report as follows:

(i)a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or that adult's attorney or legal guardian; and

(ii)a person identified in a report as having abused, neglected, or exploited a vulnerable adult, or that person's attorney; and

(b)persons involved in an evaluation or assessment of the vulnerable adult as follows:

(i)an employee or contractor of the department who is responsible for the evaluation or assessment of an adult protection case file;

(ii)a multidisciplinary team approved by the division to assist Adult Protective Services in the evaluation, assessment, and disposition of a vulnerable adult case;

(iii)an authorized person or agency providing services to, or responsible for, the care, treatment, assessment, or supervision of a vulnerable adult named in the report as a victim, when in the opinion of the division, that information will assist in the protection of, or provide other benefits to, the victim;

(iv)a licensing authority for a facility, program, or person providing care to a victim named in a report; and

(v)legally authorized protection and advocacy agencies when they represent a victim or have been requested by the division to assist on a case, including:

(A)the Office of Public Guardian, created in Section 26B-6-302 ; and

(B)the Long-Term Care Ombudsman Program, created in Section 26B-2-303 .

Renumbered and Amended by Chapter 308 , 2023 General Session