(1) The division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for the purpose of:

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Terms Used In Utah Code 80-2-709

  • 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
  • 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
  • Dependent: A person dependent for support upon another.
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (54)(a) a child; or
         (54)(b) an individual:
              (54)(b)(i)
                   (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
              (54)(b)(ii)
                   (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
                   (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
              (54)(b)(iii)
                   (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). 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
  • Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
         (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
         (66)(b) the day on which the child is returned home. See Utah Code 80-1-102
     (1)(a) background screening under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, including background screening of an individual who has direct access, as defined in Section 62A-2-101, to a minor:

          (1)(a)(i) who is alleged to be or has been abused, neglected, or dependent; and
          (1)(a)(ii) for whom the division has an open case; or
     (1)(b) investigation of abuse or neglect under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings.
(2) Except as provided in Section 80-3-305, the division and the Office of Guardian Ad Litem are authorized to request the Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal background check through the national criminal history system (NCIC).