(1) If, after investigation, the division makes a supported finding that an individual committed a severe type of child abuse or neglect, the division shall:

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Terms Used In Utah Code 80-2-708

  • 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
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • committed: means , unless specified otherwise:
         (15)(a) with respect to a child, to transfer legal custody; and
         (15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
  • dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
  • 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
  • Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b):
              (78)(a)(i) if committed by an individual who is 18 years old or older:
                   (78)(a)(i)(A) chronic abuse;
                   (78)(a)(i)(B) severe abuse;
                   (78)(a)(i)(C) sexual abuse;
                   (78)(a)(i)(D) sexual exploitation;
                   (78)(a)(i)(E) abandonment;
                   (78)(a)(i)(F) chronic neglect; or
                   (78)(a)(i)(G) severe neglect; or
              (78)(a)(ii) if committed by an individual who is under 18 years old:
                   (78)(a)(ii)(A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or
                   (78)(a)(ii)(B) sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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
  • Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
     (1)(a) serve notice of the supported finding on the alleged perpetrator;
     (1)(b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the Licensing Information System; and
     (1)(c) if the division considers it advisable, file a petition for substantiation within one year after the day on which the division makes the supported finding.
(2) The notice described in Subsection (1)(a):

     (2)(a) shall state that:

          (2)(a)(i) the division conducted an investigation regarding alleged abuse or neglect;
          (2)(a)(ii) the division made a supported finding that the alleged perpetrator described in Subsection (1) committed a severe type of child abuse or neglect;
          (2)(a)(iii) facts gathered by the division support the supported finding;
          (2)(a)(iv) as a result of the supported finding, the alleged perpetrator’s name and other identifying information have been listed in the Licensing Information System in accordance with Subsection (1)(b);
          (2)(a)(v) the alleged perpetrator may be disqualified from adopting a child, receiving state funds as a child care provider, or being licensed by:

               (2)(a)(v)(A) the department;
               (2)(a)(v)(B) a human services licensee;
               (2)(a)(v)(C) a child care provider or program; or
               (2)(a)(v)(D) a covered health care facility;
          (2)(a)(vi) the alleged perpetrator has the rights described in Subsection (3); and
          (2)(a)(vii) failure to take the action described in Subsection (3)(a) within one year after the day on which the notice is served will result in the action described in Subsection (3)(b);
     (2)(b) shall include a general statement of the nature of the supported finding; and
     (2)(c) may not include:

          (2)(c)(i) the name of a victim or witness; or
          (2)(c)(ii) any privacy information related to the victim or a witness.
(3)

     (3)(a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator has the right to:

          (3)(a)(i) file a written request asking the division to review the supported finding made under Subsection (1);
          (3)(a)(ii) except as provided in Subsection (3)(b), immediately petition the juvenile court under Section 80-3-404; or
          (3)(a)(iii) sign a written consent to:

               (3)(a)(iii)(A) the supported finding made under Subsection (1); and
               (3)(a)(iii)(B) entry into the Licensing Information System of the alleged perpetrator’s name and other information regarding the supported finding made under Subsection (1).
     (3)(b) The alleged perpetrator has no right to petition the juvenile court under Subsection (3)(a)(ii) if the juvenile court previously held a hearing on the same alleged incident of abuse or neglect after the filing of an abuse, neglect, or dependency petition, as defined in Section 80-3-102, by another party.
     (3)(c) The child’s parent or guardian shall give the consent for a child under Subsection (3)(a)(iii).
(4) Service of the notice described in Subsections (1)(a) and (2):

     (4)(a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4; and
     (4)(b) does not preclude civil or criminal action against the alleged perpetrator.