Utah Code 26B-2-121. Access to abuse and neglect information
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(1) As used in this section:
Terms Used In Utah Code 26B-2-121
- Associated with the licensee: means that an individual is:(4)(a)(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or(4)(a)(ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101
- Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Direct access: means that an individual has, or likely will have:
(14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or(14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101- Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) “Direct service worker” means the same as that term is defined in Section 26B-6-401.(1)(b) “Personal care attendant” means the same as that term is defined in Section 26B-6-401.(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), for the purpose of:(2)(a)(2)(a)(i) determining whether a person associated with a licensee, with direct access to children:(2)(a)(i)(A) is listed in the Licensing Information System; or(2)(a)(i)(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); and(2)(a)(ii) informing a licensee that a person associated with the licensee:(2)(a)(ii)(A) is listed in the Licensing Information System; or(2)(a)(ii)(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2);(2)(b)(2)(b)(i) determining whether a direct service worker:(2)(b)(i)(A) is listed in the Licensing Information System; or(2)(b)(i)(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); and(2)(b)(ii) informing a direct service worker or the direct service worker’s employer that the direct service worker:(2)(b)(ii)(A) is listed in the Licensing Information System; or(2)(b)(ii)(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); or(2)(c)(2)(c)(i) determining whether a personal care attendant:(2)(c)(i)(A) is listed in the Licensing Information System; or(2)(c)(i)(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2); and(2)(c)(ii) informing a person described in Subsections 26B-6-101(9)(a)(i) through (iv) that a personal care attendant:(2)(c)(ii)(A) is listed in the Licensing Information System; or(2)(c)(ii)(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 80-3-404(1) and (2).(3) Notwithstanding Subsection (2), the department may access the Division of Child and Family Services’ Management Information System under Section 80-2-1001:(3)(a) for the purpose of licensing and monitoring foster parents;(3)(b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and(3)(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:(5)(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(5)(b) juvenile court records show that a court made a substantiated finding under Section 80-3-404, that the person committed a severe type of child abuse or neglect.