(1) Except as provided in Subsection (2), an individual whose name is listed on the Licensing Information System as of May 6, 2002, may at any time:

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Terms Used In Utah Code 80-2-1004

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
  • Adjudication: means , except as provided in Subsection (3)(b):
              (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
                   (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;
                   (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
                   (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
              (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Chronic abuse: means repeated or patterned abuse. See Utah Code 80-1-102
  • Chronic neglect: means repeated or patterned neglect. See Utah Code 80-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
  • Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102
  • Neglect: means action or inaction causing:
              (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
              (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
              (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
              (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
              (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
              (58)(a)(vi) educational neglect. See Utah Code 80-1-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • substantiation: means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred . See Utah Code 80-1-102
  • Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
  • Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102
     (1)(a) request review by the division of the individual’s case and removal of the individual’s name from the Licensing Information System under Subsection (3); or
     (1)(b) file a petition for substantiation and a request for a finding of unsubstantiated or without merit in accordance with Section 80-3-504.
(2) Subsection (1) does not apply to an individual who has been the subject of any of the following court determinations with respect to the alleged incident of abuse or neglect:

     (2)(a) conviction;
     (2)(b) adjudication under Section 80-3-402 or 80-6-701;
     (2)(c) plea of guilty;
     (2)(d) plea of guilty with a mental condition; or
     (2)(e) no contest.
(3) If an alleged perpetrator listed on the Licensing Information System before May 6, 2002, requests removal of the alleged perpetrator’s name from the Licensing Information System, the division shall, within 30 days after the day on which the request is made:

     (3)(a)

          (3)(a)(i) review the case to determine whether the incident of alleged abuse or neglect qualifies as:

               (3)(a)(i)(A) a severe type of child abuse or neglect;
               (3)(a)(i)(B) chronic abuse; or
               (3)(a)(i)(C) chronic neglect; and
          (3)(a)(ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator’s name from the Licensing Information System; or
     (3)(b) determine whether to file a petition for substantiation in accordance with Section 80-3-504.