Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 266 (2017GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes time frames for the expungement of a division report;
• requires the division to make rules regarding expungement of a division report; and
• makes technical changes.

Every vote on this bill

Bill text

DIVISION OF CHILD AND FAMILY SERVICES APPEALS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
 V. Lowry Snow
LONG TITLE
General Description:
This bill amends provisions relating to the maintenance of division reports.
Highlighted Provisions:
This bill:
▸ establishes time frames for the expungement of a division report;
▸ requires the division to make rules regarding expungement of a division report; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-4a-1008
, as renumbered and amended by Laws of Utah 2006, Chapter 77
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-4a-1008
 is amended to read:
62A-4a-1008.
Time frames for deletion or expungement of specified information
or reports.
(1) [
Unless the executive director determines that there is good cause for keeping a
report of abuse or neglect in the Management Information System, based on standards
established by rule, the
] 
The
 division shall delete any reference 
in the Management Information
System or Licensing Information System
 to:
(a) a report that is 
determined by the division to be
 without merit, if no subsequent
report involving the same alleged perpetrator has occurred within one year; or
(b) a report that is determined by a court of competent jurisdiction to be
unsubstantiated or without merit, if no subsequent report involving the same alleged
perpetrator has occurred within five years.
(2) [
(a)
] The division shall maintain a separation of reports as follows:
[
(i)
] 
(a)
 those that are supported;
[
(ii)
] 
(b)
 those that are unsupported;
[
(iii)
] 
(c)
 those that are without merit;
[
(iv)
] 
(d)
 those that are unsubstantiated under the law in effect [
prior to
] 
before
 May 6,
2002;
[
(v)
] 
(e)
 those that are substantiated under the law in effect [
prior to
] 
before
 May 6,
2002; and
[
(vi)
] 
(f)
 those that are consented-to supported findings under Subsection
62A-4a-1005
(3)(a)(iii).
(3) On or before May 1, 2018, the division shall make rules, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported
reports or unsupported reports in the Management Information System and the Licensing
Information System.
(4) On or before November 1, 2017, the division director shall report to the Health and
Human Services Interim Committee on the progress that the division is making toward the
development and adoption of the administrative rules required under this section.
(5) The rules described in Subsection (3) shall:
(a) in relation to an unsupported report or a supported report, identify the types of child
abuse or neglect reports that:
(i) the division shall expunge within five years after the last date on which the
individual's name was placed in the information system, without requiring the subject of the
report to request expungement;
(ii) the division shall expunge within 10 years after the last date on which the
individual's name was placed in the information system, without requiring the subject of the
report to request expungement;
(iii) the division may expunge following an individual's request for expungement; and
(iv) the division may not expunge due to the serious nature of the specified types of
child abuse or neglect;
(b) establish an administrative process and a standard of review for the subject of a
report to make an expungement request; and
(c) define the term "expunge" or "expungement" to clarify the administrative process
for removing a record from the information system.
(6) If an individual's name is in the information system for a type of child abuse or
neglect report identified under Subsection (5)(a)(iii), the individual may request to have the
report expunged 10 years after the last date on which the individual's name was placed in the
information system for a supported or unsupported report.
(7) If an individual's expungement request is denied, the individual shall wait at least
one year after the issuance of the denial before the individual may again request to have the
individual's report expunged.
[
(b)
] 
(8)
 Only persons with statutory authority [
have
] 
may
 access [
to
] 
the
 information
contained in any of the reports identified in Subsection (2)[
(a)
].
Legislative Review Note
Office of Legislative Research and General Counsel