Utah Code 80-3-504. Petition for substantiation — Court findings — Expedited hearing — Records of an appeal
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(1) The division or an individual may file a petition for substantiation in accordance with Section 80-2-1004.
Terms Used In Utah Code 80-3-504
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
- 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 - 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
(2) If the division decides to file a petition for substantiation under Section 80-2-1004, the division shall file the petition no more than 14 days after the day on which the division makes the decision.
(3) At the conclusion of the hearing on a petition for substantiation, the juvenile court shall:
(3)(a) make a finding of substantiated, unsubstantiated, or without merit;
(3)(b) include the finding in a written order; and
(3)(c) deliver a certified copy of the order to the division.
(4) If an individual whose name is listed on the Licensing Information System before May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an alleged perpetrator’s application for clearance to work with children or vulnerable adults is pending, the juvenile court shall:
(4)(a) hear the matter on an expedited basis; and
(4)(b) enter a final decision no later than 60 days after the day on which the petition for substantiation is filed.
(5) An appellate court shall make a record of an appeal from the juvenile court’s decision under Subsection (3) available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211, 26B-2-120, 26B-2-404, or for the purposes described in Sections 53-2d-410, 26B-2-121, 26B-2-238 through 26B-2-241, or 26B-4-124.