Section 26B-2-121 - Access to abuse and neglect information(1) As used in this section:(a) "Direct service worker" means the same as that term is defined in Section 26B-6-401.(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:(a)(i) determining whether a person associated with a licensee, with direct access to children: (A) is listed in the Licensing Information System; or(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(ii) informing a licensee that a person associated with the licensee:(A) is listed in the Licensing Information System; or(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);(b)(i) determining whether a direct service worker: (A) is listed in the Licensing Information System; or(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(ii) informing a direct service worker or the direct service worker's employer that the direct service worker: (A) is listed in the Licensing Information System; or(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(c)(i) determining whether a personal care attendant: (A) is listed in the Licensing Information System; or(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(ii) informing a person described in Subsections 26B-6-101(9)(a)(i) through (iv) that a personal care attendant: (A) is listed in the Licensing Information System; or(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: (a) for the purpose of licensing and monitoring foster parents;(b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and(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:(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(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.Renumbered from § 62A-2-121 and amended by Chapter 305, 2023 General Session ,§ 116, eff. 5/3/2023.Amended by Chapter 335, 2022 General Session ,§ 38, eff. 9/1/2022.Amended by Chapter 262, 2021 General Session ,§ 36, eff. 9/1/2021.Amended by Chapter 348, 2016 General Session ,§ 50, eff. 5/10/2016.Amended by Chapter 258, 2015 General Session ,§ 80, eff. 5/12/2015.Amended by Chapter 255, 2015 General Session ,§ 5, eff. 5/12/2015.Amended by Chapter 75, 2009 General Session