Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 91 (2017GS)

Sponsor

Sen. Van Tassell, K.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• clarifies that full faith and credit of an Indian tribe's licensure of a foster home extends to homes located on both state lands and Indian country;
• requires the division to cooperate and share relevant information with an Indian tribe;
• authorizes the division to provide an Indian tribe access to the Management Information System; and
• makes technical changes.

Every vote on this bill

Bill text

NATIVE AMERICAN CHILD WELFARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kevin T. Van Tassell
House Sponsor: 
John R. Westwood
LONG TITLE
General Description:
This bill amends provisions of law regarding the licensure of tribal foster homes and the
sharing of information with an Indian tribe.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ clarifies that full faith and credit of an Indian tribe's licensure of a foster home
extends to homes located on both state lands and Indian country;
▸ requires the division to cooperate and share relevant information with an Indian
tribe;
▸ authorizes the division to provide an Indian tribe access to the Management
Information System; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-2-101
, as last amended by Laws of Utah 2016, Chapters 122, 211, and 342
62A-2-117
, as last amended by Laws of Utah 2005, Chapter 188
62A-4a-101
, as last amended by Laws of Utah 2009, Chapter 75
62A-4a-105
, as last amended by Laws of Utah 2016, Chapter 296
62A-4a-412
, as last amended by Laws of Utah 2016, Chapter 144
62A-4a-1003
, as last amended by Laws of Utah 2009, Chapter 32
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-2-101
 is amended to read:
62A-2-101.
Definitions.
As used in this chapter:
(1) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(2) "Applicant" means a person who applies for an initial license or a license renewal
under this chapter.
(3) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, department contractor, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(3)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance abuse programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
at all times.
(4) (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (4)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection (28)(a); or
(B) provides the treatment or services described in Subsection (28)(a) on a limited
basis, as described in Subsection (4)(b)(ii).
(b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
one or more of grades kindergarten through 12th grade.
(ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
services described in Subsection (28)(a) on a limited basis if:
(A) the treatment or services described in Subsection (28)(a) are provided only as an
incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection (28)(a); or
(II) have a primary purpose of providing the treatment or services described in
Subsection (28)(a).
(c) "Boarding school" does not include a therapeutic school.
(5) "Child" means a person under 18 years of age.
(6) "Child placing" means receiving, accepting, or providing custody or care for any
child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
(7) "Client" means an individual who receives or has received services from a licensee.
(8) "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral dysfunctions,
impairments, or chemical dependencies.
(9) "Department" means the Department of Human Services.
(10) "Department contractor" means an individual who:
(a) provides services under a contract with the department; and
(b) due to the contract with the department, has or will likely have direct access to a
child or vulnerable adult.
(11) "Direct access" means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual with
an opportunity for personal communication or touch; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(12) "Directly supervised" means that an individual is being supervised under the
uninterrupted visual and auditory surveillance of another individual who has a current
background screening approval issued by the office.
(13) "Director" means the director of the Office of Licensing.
(14) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(15) "Domestic violence treatment program" means a nonresidential program designed
to provide psychological treatment and educational services to perpetrators and victims of
domestic violence.
(16) "Elder adult" means a person 65 years of age or older.
(17) "Executive director" means the executive director of the department.
(18) "Foster home" means a temporary residential living environment for the care of:
(a) (i) fewer than five foster children in the home of a licensed foster parent; or
(ii) five or more foster children in the home of a licensed foster parent if there are no
foster children or if there is one foster child in the home at the time of the placement of a sibling
group; or
(b) (i) fewer than four foster children in the home of a certified foster parent; or
(ii) four or more foster children in the home of a certified foster parent if there are no
foster children or if there is one foster child in the home at the time of the placement of a sibling
group.
(19) (a) "Human services program" means a:
(i) foster home;
(ii) therapeutic school;
(iii) youth program;
(iv) resource family home;
(v) recovery residence; or
(vi) facility or program that provides:
(A) secure treatment;
(B) inpatient treatment;
(C) residential treatment;
(D) residential support;
(E) adult day care;
(F) day treatment;
(G) outpatient treatment;
(H) domestic violence treatment;
(I) child placing services;
(J) social detoxification; or
(K) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include a boarding school.
(20) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(21) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(22) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
[
(20)
] 
(23)
 "Licensee" means an individual or a human services program licensed by the
office.
[
(21)
] 
(24)
 "Local government" means a city, town, metro township, or county.
[
(22)
] 
(25)
 "Minor" has the same meaning as "child."
[
(23)
] 
(26)
 "Office" means the Office of Licensing within the Department of Human
Services.
[
(24)
] 
(27)
 "Outpatient treatment" means individual, family, or group therapy or
counseling designed to improve and enhance social or psychological functioning for those
whose physical and emotional status allows them to continue functioning in their usual living
environment.
[
(25)
] 
(28)
 (a) "Recovery residence" means a home, residence, or facility that meets at
least two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a substance
abuse disorder;
(ii) provides a living environment in which more than half of the individuals in the
residence are recovering from a substance abuse disorder;
(iii) provides or arranges for residents to receive services related to their recovery from
a substance abuse disorder, either on or off site;
(iv) is held out as a living environment in which individuals recovering from substance
abuse disorders live together to encourage continued sobriety; or
(v) (A) receives public funding; or
(B) is run as a business venture, either for-profit or not-for-profit.
(b) "Recovery residence" does not mean:
(i) a residential treatment program;
(ii) residential support; or
(iii) a home, residence, or facility, in which:
(A) residents, by their majority vote, establish, implement, and enforce policies
governing the living environment, including the manner in which applications for residence are
approved and the manner in which residents are expelled;
(B) residents equitably share rent and housing-related expenses; and
(C) a landlord, owner, or operator does not receive compensation, other than fair
market rental income, for establishing, implementing, or enforcing policies governing the living
environment.
[
(26)
] 
(29)
 "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
[
(27)
] 
(30)
 (a) "Residential support" means arranging for or providing the necessities of
life as a protective service to individuals or families who have a disability or who are
experiencing a dislocation or emergency that prevents them from providing these services for
themselves or their families.
(b) "Residential support" includes providing a supervised living environment for persons
with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of residential support.
(d) "Residential support" does not include:
(i) a recovery residence; or
(ii) residential services that are performed:
(A) exclusively under contract with the Division of Services for People with Disabilities;
or
(B) in a facility that serves fewer than four individuals.
[
(28)
] 
(31)
 (a) "Residential treatment" means a 24-hour group living environment for
four or more individuals unrelated to the owner or provider that offers room or board and
specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
[
(29)
] 
(32)
 "Residential treatment program" means a human services program that
provides:
(a) residential treatment; or
(b) secure treatment.
[
(30)
] 
(33)
 (a) "Secure treatment" means 24-hour specialized residential treatment or
care for persons whose current functioning is such that they cannot live independently or in a
less restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on residents
with neither their consent nor control.
[
(31)
] 
(34)
 "Social detoxification" means short-term residential services for persons
who are experiencing or have recently experienced drug or alcohol intoxication, that are
provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
[
(32)
] 
(35)
 "Substance abuse treatment program" means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection (32)(a) to persons
with:
(i) a diagnosed substance abuse disorder; or
(ii) chemical dependency disorder.
[
(33)
] 
(36)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
[
(34)
] 
(37)
 "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
[
(35)
] 
(38)
 "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
[
(36)
] 
(39)
 (a) "Youth program" means a nonresidential program designed to provide
behavioral, substance abuse, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for its services;
(iii) may or may not provide host homes or other arrangements for overnight
accommodation of the youth;
(iv) may or may not provide all or part of its services in the outdoors;
(v) may or may not limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's
own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.
Section 2. Section 
62A-2-117
 is amended to read:
62A-2-117.
Licensure of tribal foster homes.
(1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian
tribes may develop and implement tribal foster home standards.
(2) The office shall give full faith and credit to an Indian tribe's certification or licensure
of 
a
 tribal foster [
homes
] 
home for an Indian child and siblings of that Indian child, both on and
off Indian country,
 according to standards developed and approved by the Indian tribe, pursuant
to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
(3) If the Indian tribe has not developed standards, the office shall license tribal foster
homes pursuant to this chapter.
Section 3. Section 
62A-4a-101
 is amended to read:
62A-4a-101.
Definitions.
As used in this chapter:
(1) "Abuse" is as defined in Section 
78A-6-105
.
(2) "Adoption services" means:
(a) placing children for adoption;
(b) subsidizing adoptions under Section 
62A-4a-105
;
(c) supervising adoption placements until the adoption is finalized by the court;
(d) conducting adoption studies;
(e) preparing adoption reports upon request of the court; and
(f) providing postadoptive placement services, upon request of a family, for the purpose
of stabilizing a possible disruptive placement.
(3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
Children, a person under 18 years of age.
[
(5)
] 
(4)
 "Chronic abuse" means repeated or patterned abuse.
[
(6)
] 
(5)
 "Chronic neglect" means repeated or patterned neglect.
[
(4)
] 
(6)
 "Consumer" means a person who receives services offered by the division in
accordance with this chapter.
(7) "Custody," with regard to the division, means the custody of a minor in the division
as of the date of disposition.
(8) "Day-care services" means care of a child for a portion of the day which is less than
24 hours:
(a) in the child's own home by a responsible person; or
(b) outside of the child's home in a:
(i) day-care center;
(ii) family group home; or
(iii) family child care home.
(9) "Dependent child" or "dependency" means a child, or the condition of a child, who
is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
(10) "Director" means the director of the Division of Child and Family Services.
(11) "Division" means the Division of Child and Family Services.
(12) "Domestic violence services" means:
(a) temporary shelter, treatment, and related services to:
(i) a person who is a victim of abuse, as defined in Section 
78B-7-102
; and
(ii) the dependent children of a person described in Subsection (12)(a)(i); and
(b) treatment services for a person who is alleged to have committed, has been
convicted of, or has pled guilty to, an act of domestic violence as defined in Section 
77-36-1
.
(13) "Harm" is as defined in Section 
78A-6-105
.
(14) "Homemaking service" means the care of individuals in their domiciles, and help
given to individual caretaker relatives to achieve improved household and family management
through the services of a trained homemaker.
(15) "Incest" is as defined in Section 
78A-6-105
.
(16) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(17) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
[
(16)
] 
(18)
 "Minor" means, except as provided in Part 7, Interstate Compact on
Placement of Children:
(a) a child; or
(b) a person:
(i) who is at least 18 years of age and younger than 21 years of age; and
(ii) for whom the division has been specifically ordered by the juvenile court to provide
services.
[
(17)
] 
(19)
 "Molestation" is as defined in Section 
78A-6-105
.
[
(18)
] 
(20)
 "Natural parent" means a minor's biological or adoptive parent, and includes
a minor's noncustodial parent.
[
(19)
] 
(21)
 "Neglect" is as defined in Section 
78A-6-105
.
[
(20)
] 
(22)
 "Protective custody," with regard to the division, means the shelter of a
child by the division from the time the child is removed from the child's home until the earlier of:
(a) the shelter hearing; or
(b) the child's return home.
[
(21)
] 
(23)
 "Protective services" means expedited services that are provided:
(a) in response to evidence of neglect, abuse, or dependency of a child;
(b) to a cohabitant who is neglecting or abusing a child, in order to:
(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
causes of neglect or abuse; and
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
(c) in cases where the child's welfare is endangered:
(i) to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii) to cause a protective order to be issued for the protection of the child, when
appropriate; and
(iii) to protect the child from the circumstances that endanger the child's welfare
including, when appropriate:
(A) removal from the child's home;
(B) placement in substitute care; and
(C) petitioning the court for termination of parental rights.
[
(22)
] 
(24)
 "Severe abuse" is as defined in Section 
78A-6-105
.
[
(23)
] 
(25)
 "Severe neglect" is as defined in Section 
78A-6-105
.
[
(24)
] 
(26)
 "Sexual abuse" is as defined in Section 
78A-6-105
.
[
(25)
] 
(27)
 "Sexual exploitation" is as defined in Section 
78A-6-105
.
[
(26)
] 
(28)
 "Shelter care" means the temporary care of a minor in a nonsecure facility.
[
(27)
] 
(29)
 "State" means:
(a) a state of the United States;
(b) the District of Columbia;
(c) the Commonwealth of Puerto Rico;
(d) the Virgin Islands;
(e) Guam;
(f) the Commonwealth of the Northern Mariana Islands; or
(g) a territory or possession administered by the United States.
[
(28)
] 
(30)
 "State plan" means the written description of the programs for children,
youth, and family services administered by the division in accordance with federal law.
[
(29)
] 
(31)
 "Status offense" means a violation of the law that would not be a violation
but for the age of the offender.
[
(30)
] 
(32)
 "Substance abuse" is as defined in Section 
78A-6-105
.
[
(31)
] 
(33)
 "Substantiated" or "substantiation" means a judicial finding based on a
preponderance of the evidence that abuse or neglect occurred. Each allegation made or
identified in a given case shall be considered separately in determining whether there should be a
finding of substantiated.
[
(32)
] 
(34)
 "Substitute care" means:
(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;
(b) services provided for a minor awaiting placement; and
(c) the licensing and supervision of a substitute care facility.
[
(33)
] 
(35)
 "Supported" means a finding by the division based on the evidence available
at the completion of an investigation that there is a reasonable basis to conclude that abuse,
neglect, or dependency occurred. Each allegation made or identified during the course of the
investigation shall be considered separately in determining whether there should be a finding of
supported.
[
(34)
] 
(36)
 "Temporary custody," with regard to the division, means the custody of a
child in the division from the date of the shelter hearing until disposition.
[
(35)
] 
(37)
 "Transportation services" means travel assistance given to an individual with
escort service, if necessary, to and from community facilities and resources as part of a service
plan.
[
(36)
] 
(38)
 "Unsubstantiated" means a judicial finding that there is insufficient evidence
to conclude that abuse or neglect occurred.
[
(37)
] 
(39)
 "Unsupported" means a finding at the completion of an investigation that
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. 
However, a finding of unsupported means also that the division worker did not conclude that
the allegation was without merit.
[
(38)
] 
(40)
 "Without merit" means a finding at the completion of an investigation by the
division, 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.
Section 4. Section 
62A-4a-105
 is amended to read:
62A-4a-105.
Division responsibilities.
(1) The division shall:
(a) administer services to minors and families, including:
(i) child welfare services;
(ii) domestic violence services; and
(iii) all other responsibilities that the Legislature or the executive director may assign to
the division;
(b) provide the following services:
(i) financial and other assistance to an individual adopting a child with special needs
under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
child as a legal ward of the state;
(ii) non-custodial and in-home services, including:
(A) services designed to prevent family break-up; and
(B) family preservation services;
(iii) reunification services to families whose children are in substitute care in accordance
with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
(iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
or neglect of a child in that family;
(v) shelter care in accordance with the requirements of this chapter and Title 78A,
Chapter 6, Juvenile Court Act;
(vi) domestic violence services, in accordance with the requirements of federal law;
(vii) protective services to victims of domestic violence, as defined in Section 
77-36-1
,
and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
Part 3, Abuse, Neglect, and Dependency Proceedings;
(viii) substitute care for dependent, abused, neglected, and delinquent children;
(ix) programs and services for minors who have been placed in the custody of the
division for reasons other than abuse or neglect, under Section 
62A-4a-250
;
(x) services for minors who are victims of human trafficking or human smuggling as
described in Sections 
76-5-308
 through 
76-5-310
 or who have engaged in prostitution or sexual
solicitation as defined in Section 
76-10-1302
; and
(xi) training for staff and providers involved in the administration and delivery of
services offered by the division in accordance with this chapter;
(c) establish standards for all:
(i) contract providers of out-of-home care for minors and families;
(ii) facilities that provide substitute care for dependent, abused, neglected, and
delinquent children placed in the custody of the division; and
(iii) direct or contract providers of domestic violence services described in Subsection
(1)(b)(vi);
(d) have authority to:
(i) contract with a private, nonprofit organization to recruit and train foster care families
and child welfare volunteers in accordance with Section 
62A-4a-107.5
; and
(ii) approve facilities that meet the standards established under Subsection (1)(c) to
provide substitute care for dependent, abused, neglected, and delinquent children placed in the
custody of the division;
(e) cooperate with the federal government in the administration of child welfare and
domestic violence programs and other human service activities assigned by the department;
(f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
division records to the same extent that the division is required to protect division records,
cooperate with and share all appropriate information in the division's possession regarding an
Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
with the Indian tribe that is affiliated with the Indian child;
[
(f)
] 
(g)
 in accordance with Subsection (2)(a), promote and enforce state and federal
laws enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
runaway children, and status offenders, in accordance with the requirements of this chapter,
unless administration is expressly vested in another division or department of the state;
[
(g)
] 
(h)
 cooperate with the Workforce Development Division in the Department of
Workforce Services in meeting the social and economic needs of an individual who is eligible
for public assistance;
[
(h)
] 
(i)
 compile relevant information, statistics, and reports on child and family service
matters in the state;
[
(i)
] 
(j)
 prepare and submit to the department, the governor, and the Legislature reports
of the operation and administration of the division in accordance with the requirements of
Sections 
62A-4a-117
 and 
62A-4a-118
;
[
(j)
] 
(k)
 provide social studies and reports for the juvenile court in accordance with
Section 
78A-6-605
;
[
(k)
] 
(l)
 within appropriations from the Legislature, provide or contract for a variety of
domestic violence services and treatment methods;
[
(l)
] 
(m)
 ensure regular, periodic publication, including electronic publication, regarding
the number of children in the custody of the division who:
(i) have a permanency goal of adoption; or
(ii) have a final plan of termination of parental rights, pursuant to Section 
78A-6-314
,
and promote adoption of those children;
[
(m)
] 
(n)
 subject to Subsection (2)(b), refer an individual receiving services from the
division to the local substance abuse authority or other private or public resource for a
court-ordered drug screening test; and
[
(n)
] 
(o)
 perform other duties and functions required by law.
(2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
(i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and with
all public and private licensed child welfare agencies and institutions[
,
] to develop and
administer a broad range of services and support;
(ii) take the initiative in all matters involving the protection of abused or neglected
children, if adequate provisions have not been made or are not likely to be made; and
(iii) make expenditures necessary for the care and protection of the children described in
this Subsection (2)(a), within the division's budget.
(b) When an individual is referred to a local substance abuse authority or other private
or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
order the individual to pay all costs of the tests unless:
(i) the cost of the drug screening is specifically funded or provided for by other federal
or state programs;
(ii) the individual is a participant in a drug court; or
(iii) the court finds that the individual is impecunious.
(3) Except to the extent provided by rule, the division is not responsible for
investigating domestic violence in the presence of a child, as described in Section 
76-5-109.1
.
(4) The division may not require a parent who has a child in the custody of the division
to pay for some or all of the cost of any drug testing the parent is required to undergo.
Section 5. Section 
62A-4a-412
 is amended to read:
62A-4a-412.
Reports and information confidential.
(1) Except as otherwise provided in this chapter, reports made [
pursuant to
] 
under
 this
part, as well as any other information in the possession of the division obtained as the result of a
report are private, protected, or controlled records under Title 63G, Chapter 2, Government
Records Access and Management Act, and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected
abuse or neglect;
(b) a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d) a contract provider that has a written contract with the division to render services to
a minor who is the subject of a report;
(e) except as provided in Subsection 
63G-2-202
(10), a subject of the report, the natural
parents of the child, and the guardian ad litem;
(f) a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court, provided that in a divorce, custody, or related
proceeding between private parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii) devoid of conclusions drawn by the division or any of the division's workers on the
ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
neglect of another person;
(g) an office of the public prosecutor or its deputies in performing an official duty;
(h) a person authorized by a Children's Justice Center, for the purposes described in
Section 
67-5b-102
;
(i) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j) the State Board of Education, acting on behalf of itself or on behalf of a school
district, for the purpose of evaluating whether an individual should be permitted to obtain or
retain a license as an educator or serve as an employee or volunteer in a school, limited to
information with substantiated findings involving an alleged sexual offense, an alleged felony or
class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
Chapter 5, Offenses Against the Person, and with the understanding that the office must provide
the subject of a report received under Subsection (1)(k) with an opportunity to respond to the
report before making a decision concerning licensure or employment;
(k) any person identified in the report as a perpetrator or possible perpetrator of abuse
or neglect, after being advised of the screening prohibition in Subsection (2);
(l) except as provided in Subsection 
63G-2-202
(10), a person filing a petition for a child
protective order on behalf of a child who is the subject of the report; [
and
]
(m) a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and
78B-6-130
[
.
]
; or
(n) an Indian tribe to:
(i) certify or license a foster home;
(ii) render services to a subject of a report; or
(iii) investigate an allegation of abuse, neglect, or dependency.
(2) (a) A person, unless listed in Subsection (1), may not request another person to
obtain or release a report or any other information in the possession of the division obtained as a
result of the report that is available under Subsection (1)(k) to screen for potential perpetrators
of abuse or neglect.
(b) A person who requests information knowing that it is a violation of Subsection
(2)(a) to do so is subject to the criminal penalty in Subsection (4).
(3) (a) Except as provided in Section 
62A-4a-1007
 and Subsection (3)(b), the division
and law enforcement officials shall ensure the anonymity of the person or persons making the
initial report and any others involved in its subsequent investigation.
(b) Notwithstanding any other provision of law, excluding Section 
78A-6-317
, but
including this chapter and Title 63G, Chapter 2, Government Records Access and Management
Act, when the division makes a report or other information in its possession available under
Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from
the report or other information only the names, addresses, and telephone numbers of individuals
or specific information that could:
(i) identify the referent;
(ii) impede a criminal investigation; or
(iii) endanger a person's safety.
(4) Any person who wilfully permits, or aides and abets the release of data or
information obtained as a result of this part, in the possession of the division or contained on
any part of the Management Information System, in violation of this part or Sections
62A-4a-1003
 through 
62A-4a-1007
, is guilty of a class C misdemeanor.
(5) The physician-patient privilege is not a ground for excluding evidence regarding a
child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
good faith pursuant to this part.
(6) A child-placing agency or person who receives a report in connection with a
preplacement adoptive evaluation pursuant to Sections 
78B-6-128
 and 
78B-6-130
:
(a) may provide this report to the person who is the subject of the report; and
(b) may provide this report to a person who is performing a preplacement adoptive
evaluation in accordance with the requirement of Sections 
78B-6-128
 and 
78B-6-130
, or to a
licensed child-placing agency or to an attorney seeking to facilitate an adoption.
Section 6. Section 
62A-4a-1003
 is amended to read:
62A-4a-1003.
Management Information System -- Requirements -- Contents --
Purpose -- Access.
(1) (a) The division shall develop and implement a Management Information System
that meets the requirements of this section and the requirements of federal law and regulation.
(b) The information and records contained in the Management Information System:
(i) are protected records under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(ii) except as provided in Subsections (1)(c) and (d), are available only to a person with
statutory authorization under Title 63G, Chapter 2, Government Records Access and
Management Act, to review the information and records described in this Subsection (1)(b).
(c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
Subsection (1)(b) are available to a person:
(i) as provided under Subsection (6) or Section 
62A-4a-1006
; or
(ii) who has specific statutory authorization to access the information or records for the
purpose of assisting the state with state and federal requirements to maintain information solely
for the purpose of protecting minors and providing services to families in need.
(d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
be provided by the division:
(i) to comply with abuse and neglect registry checks requested by other states; and
(ii) to the United States Department of Health and Human Services for purposes of
maintaining an electronic national registry of substantiated cases of abuse and neglect.
(2) With regard to all child welfare cases, the Management Information System shall
provide each caseworker and the department's office of licensing, exclusively for the purposes
of foster parent licensure and monitoring, with a complete history of each child in that worker's
caseload, including:
(a) a record of all past action taken by the division with regard to that child and the
child's siblings;
(b) the complete case history and all reports and information in the control or keeping
of the division regarding that child and the child's siblings;
(c) the number of times the child has been in the custody of the division;
(d) the cumulative period of time the child has been in the custody of the division;
(e) a record of all reports of abuse or neglect received by the division with regard to
that child's parent, parents, or guardian including:
(i) for each report, documentation of the:
(A) latest status; or
(B) final outcome or determination; and
(ii) information that indicates whether each report was found to be:
(A) supported;
(B) unsupported;
(C) substantiated by a juvenile court;
(D) unsubstantiated by a juvenile court; or
(E) without merit;
(f) the number of times the child's parent or parents failed any child and family plan; and
(g) the number of different caseworkers who have been assigned to that child in the
past.
(3) The division's Management Information System shall:
(a) contain all key elements of each family's current child and family plan, including:
(i) the dates and number of times the plan has been administratively or judicially
reviewed;
(ii) the number of times the parent or parents have failed that child and family plan; and
(iii) the exact length of time the child and family plan has been in effect; and
(b) alert caseworkers regarding deadlines for completion of and compliance with policy,
including child and family plans.
(4) With regard to all child protective services cases, the Management Information
System shall:
(a) monitor the compliance of each case with:
(i) division rule and policy;
(ii) state law; and
(iii) federal law and regulation; and
(b) include the age and date of birth of the alleged perpetrator at the time the abuse or
neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
the alleged perpetrator.
(5) Except as provided in Subsection (6) regarding contract providers and Section
62A-4a-1006
 regarding limited access to the Licensing Information System, all information
contained in the division's Management Information System is available to the department, upon
the approval of the executive director, on a need-to-know basis.
(6) (a) Subject to this Subsection (6), the division may allow [
its
] 
the division's
 contract
providers, court clerks designated by the Administrative Office of the Courts, [
and
] the Office
of Guardian Ad Litem
, or an Indian tribe
 to have limited access to the Management Information
System.
(b) A division contract provider 
or Indian tribe
 has access only to information about a
person who is currently receiving services from that specific contract provider 
or Indian tribe
.
(c) (i) Designated court clerks may only have access to information necessary to comply
with Subsection 
78B-7-202
(2).
(ii) The Office of Guardian Ad Litem may access only the information that:
(A) relates to children and families where the Office of Guardian Ad Litem is appointed
by a court to represent the interests of the children; and
(B) except as provided in Subsection (6)(d), is entered into the Management
Information System on or after July 1, 2004.
(d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of Guardian Ad Litem shall
have access to all abuse and neglect referrals about children and families where the office has
been appointed by a court to represent the interests of the children, regardless of the date that
the information is entered into the Management Information System.
(e) Each contract provider [
and
]
,
 designated representative of the Office of Guardian
Ad Litem
, and Indian tribe
 who requests access to information contained in the Management
Information System shall:
(i) take all necessary precautions to safeguard the security of the information contained
in the Management Information System;
(ii) train its employees regarding:
(A) requirements for protecting the information contained in the Management
Information System as required by this chapter and under Title 63G, Chapter 2, Government
Records Access and Management Act; and
(B) the criminal penalties under Sections 
62A-4a-412
 and 
63G-2-801
 for improper
release of information; and
(iii) monitor its employees to ensure that they protect the information contained in the
Management Information System as required by law.
(f) The division shall take reasonable precautions to ensure that its contract providers
comply with the requirements of this Subsection (6).
(7) The division shall take all necessary precautions, including password protection and
other appropriate and available technological techniques, to prevent unauthorized access to or
release of information contained in the Management Information System.