80-3-404. Finding of severe child abuse or neglect -- Order delivered to division -- Court records.
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Effective 5/7/2025
80-3-404. Finding of severe child abuse or neglect -- Order delivered to division -- Court records.
(1)If an abuse, neglect, or dependency petition filed with the juvenile court pursuant to Section 80-3-201 informs the juvenile court that the division has made a supported finding that an individual committed a severe type of child abuse or neglect, the juvenile court shall:
(a)make a finding of substantiated, unsubstantiated, or without merit;
(b)include the finding described in Subsection (1)(a) in a written order; and
(c)deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2)The juvenile court shall make the finding described in Subsection
(1):
(a)as part of the adjudication hearing;
(b)at the conclusion of the adjudication hearing; or
(c)as part of a court order entered under a written stipulation of the parties.
(3)In accordance with Section 80-2-707 , a proceeding for adjudication of a supported finding of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication of a severe type of child abuse or neglect.
(a)The juvenile court shall make a record of the juvenile court's findings under Subsection
(1)available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211 , 26B-2-120 , and 26B-2-404 , or for the purposes described in Sections 26B-2-121 , 26B-2-238 through 26B-2-241 , or 53-2d-410 .
(b)An appellate court shall make a record of an appeal from the juvenile court's decision under Subsection
(1)available only to an individual with statutory authority to access the Licensing Information System for the purposes described in Subsection (4)(a) .
Amended by Chapter 447 , 2025 General Session