Section 80-2-708 - Supported finding of a severe type of child abuse or neglect after division investigation - Notation in Licensing Information System -Juvenile court petition or notice to alleged perpetrator - Rights of alleged perpetrator(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: (a) serve notice of the supported finding on the alleged perpetrator;(b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the Licensing Information System; and(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): (a) shall state that: (i) the division conducted an investigation regarding alleged abuse or neglect;(ii) the division made a supported finding that the alleged perpetrator described in Subsection (1) committed a severe type of child abuse or neglect;(iii) facts gathered by the division support the supported finding;(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);(v) the alleged perpetrator may be disqualified from adopting a child, receiving state funds as a child care provider, or being licensed by: (B) a human services licensee;(C) a child care provider or program; or(D) a covered health care facility;(vi) the alleged perpetrator has the rights described in Subsection (3); and(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);(b) shall include a general statement of the nature of the supported finding; and(c) may not include: (i) the name of a victim or witness; or(ii) any privacy information related to the victim or a witness.(3)(a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator has the right to:(i) file a written request asking the division to review the supported finding made under Subsection (1);(ii) except as provided in Subsection (3)(b), immediately petition the juvenile court under Section 80-3-404; or(iii) sign a written consent to: (A) the supported finding made under Subsection (1); and(B) entry into the Licensing Information System of the alleged perpetrator's name and other information regarding the supported finding made under Subsection (1).(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.(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): (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4; and(b) does not preclude civil or criminal action against the alleged perpetrator.Renumbered from § 62A-4a-1005 by Chapter 334, 2022 General Session ,§ 63, eff. 9/1/2022.Amended by Chapter 262, 2021 General Session ,§ 60, eff. 9/1/2021.Amended by Chapter 3, 2008 General Session
Amended by Chapter 59, 2008 General Session
Amended by Chapter 299, 2008 General Session.