Utah Code 80-3-107. Disclosure of records — Record sharing
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 80-3-107
- 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 Section80-6-306 ; 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- 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
- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section
80-3-405 or80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. See Utah Code 80-1-102- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
- Natural parent: includes the minor's noncustodial parent. 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 Section78B-24-203 ; or(58)(a)(vi) educational neglect. See Utah Code 80-1-102- Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. 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
- Substitute care: means :
(88)(a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare;(88)(b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section80-2-102 ; or(88)(c) the licensing and supervision of a substitute care facility. See Utah Code 80-1-102- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) Except as provided in Subsections (1)(c) through (e), in an abuse, neglect, or dependency proceeding occurring after the commencement of a shelter hearing under Section 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the proceeding shall provide in writing to any other party or the other party’s counsel any information that the party:(1)(a)(i) plans to report to the juvenile court at the proceeding; or(1)(a)(ii) could reasonably expect would be requested of the party by the juvenile court at the proceeding.(1)(b) A party providing the disclosure required under Subsection (1)(a) shall make the disclosure:(1)(b)(i) for a dispositional hearing under Part 4, Adjudication, Disposition, and Permanency, no less than five days before the day on which the dispositional hearing is held; and(1)(b)(ii) for all other proceedings, no less than five days before the day on which the proceeding is held.(1)(c) The division is not required to provide a court report or a child and family plan described in Section 80-3-307 to each party to the proceeding if:(1)(c)(i) the information is electronically filed with the juvenile court; and(1)(c)(ii) each party to the proceeding has access to the electronically filed information.(1)(d) If a party to a proceeding obtains information after the deadline described in Subsection (1)(b), the information is exempt from the disclosure required under Subsection (1)(a) if the party certifies to the juvenile court that the information was obtained after the deadline.(1)(e) Subsection (1)(a) does not apply to:(1)(e)(i) pretrial hearings; and(1)(e)(ii) the frequent, periodic review hearings held in a dependency drug court case to assess and promote the parent’s progress in substance use disorder treatment.(2)(2)(a) Except as provided in Subsection (2)(b), and notwithstanding any other provision of law:(2)(a)(i) counsel for all parties to the action shall be given access to all records, maintained by the division or any other state or local public agency, that are relevant to the abuse, neglect, or dependency proceeding under this chapter; and(2)(a)(ii) if the natural parent of a child is not represented by counsel, the natural parent shall have access to the records described in Subsection (2)(a)(i).(2)(b) The disclosures described in Subsection (2)(a) are not required if:(2)(b)(i) subject to Subsection (2)(c), the division or other state or local public agency did not originally create the record being requested;(2)(b)(ii) disclosure of the record would jeopardize the life or physical safety of a child who has been a victim of abuse or neglect, or any individual who provided substitute care for the child;(2)(b)(iii) disclosure of the record would jeopardize the anonymity of the individual making the initial report of abuse or neglect or any others involved in the subsequent investigation;(2)(b)(iv) disclosure of the record would jeopardize the life or physical safety of an individual who has been a victim of domestic violence; or(2)(b)(v) the record is a Children’s Justice Center interview, including a video or audio recording, and a transcript of the recording, the release of which is governed by Section 77-37-4.(2)(c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the individual making the request:(2)(c)(i) of the existence of all records in the possession of the division or any other state or local public agency;(2)(c)(ii) of the name and address of the individual or agency that originally created the record; and(2)(c)(iii) that the individual making the request must seek access to the record from the individual or agency that originally created the record. - Adjudication: means , except as provided in Subsection (3)(b):