80-3-504. Petition for substantiation -- Court findings -- Expedited hearing -- Records of an appeal.

334 words·~2 min read·/ut/title-80/chapter-3/80-3-504

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

Effective 5/7/2025

(1)The division or an individual may file a petition for substantiation in accordance with Section 80-2-708 or 80-2-1004 .

(2)An adjudicative proceeding on a petition for substantiation may be stayed during the time a judicial action or an active criminal investigation on the same matter is pending.

(3)If the division decides to file a petition for substantiation under Section 80-2-1004 , the division shall file the petition within 30 days after the day on which the division makes the decision.

(4)At the conclusion of the hearing on a petition for substantiation, the juvenile court shall:

(a)make a finding of substantiated, unsubstantiated, or without merit;

(b)include the finding in a written order; and

(c)deliver a certified copy of the order to the division.

(5)If an individual whose name is listed on the Licensing Information System before May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an alleged perpetrator's application for clearance to work with children or vulnerable adults is pending, the juvenile court shall:

(a)hear the matter on an expedited basis; and

(b)enter a final decision no later than 60 days after the day on which the petition for substantiation is filed.

(a)The juvenile court shall make a record of the juvenile court's findings under Subsection

(4)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 , or 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

(4)available only to an individual with statutory authority to access the Licensing Information System for the purposes described in Subsection (6)(a).

Amended by Chapter 447 , 2025 General Session