Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 99 Third Substitute (2021GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions and defines terms;
• repeals a requirement that the child welfare training coordinator be appointed by the director of the Division of Child and Family Services;
• modifies the training requirements for caseworkers of the Division of Child and Family Services;
• allows certain information and records contained in the Management Information System developed by the Division of Child and Family Services to be classified as private or controlled under the Government Records Access and Management Act;
• allows the Division of Child and Family Services to share a record related to a report or an investigation of child abuse or neglect with the Division of Substance Abuse and Mental Health, the Department of Health, or a local substance abuse authority for the purpose of providing substance abuse treatment to a parent of a newborn child;
• directs the Division of Substance Abuse and Mental Health to coordinate with the Department of Health and other health care providers to develop a program to reduce substance abuse by parents of a newborn child;
• requires the Department of Human Services to perform a review of a child who has suffered a near fatality and is the subject of an open case for child welfare services within one year of the near fatality;
• modifies the fatality review process of the Department of Human Services to allow review of near fatalities of children;
• modifies the requirements giving notice of a summons for a parent or guardian of a juvenile proceeding;
• modifies the requirements for returning a child to the custody of a parent or guardian in a shelter hearing;
• repeals provisions that prohibit disclosure of child abuse, neglect, or dependency reports that are unsubstantiated, unsupported, or without merit to an individual who is not the alleged perpetrator;
• prohibits a court from receiving certain child abuse, neglect, or dependency reports that are unsubstantiated, unsupported, or without merit into evidence without a finding of good cause;
• clarifies that an adjudication for abuse, neglect, or dependency of a child, or termination or restoration of parental rights may not be expunged;

Every vote on this bill

Bill text

CHILD WELFARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill addresses provisions related to child welfare.
Highlighted Provisions:
This bill:
▸ modifies definitions and defines terms;
▸ repeals a requirement that the child welfare training coordinator be appointed by the
director of the Division of Child and Family Services;
▸ modifies the training requirements for caseworkers of the Division of Child and
Family Services;
▸ allows certain information and records contained in the Management Information
System developed by the Division of Child and Family Services to be classified as
private or controlled under the Government Records Access and Management Act;
▸ allows the Division of Child and Family Services to share a record related to a
report or an investigation of child abuse or neglect with the Division of Substance
Abuse and Mental Health, the Department of Health, or a local substance abuse
authority for the purpose of providing substance abuse treatment to a parent of a
newborn child;
▸ directs the Division of Substance Abuse and Mental Health to coordinate with the
Department of Health and other health care providers to develop a program to
reduce substance abuse by parents of a newborn child;
▸ requires the Department of Human Services to perform a review of a child who has
suffered a near fatality and is the subject of an open case for child welfare services within one
year of the near fatality;
▸ modifies the fatality review process of the Department of Human Services to allow
review of near fatalities of children;
▸ modifies the requirements giving notice of a summons for a parent or guardian of a
juvenile proceeding;
▸ modifies the requirements for returning a child to the custody of a parent or
guardian in a shelter hearing;
▸ repeals provisions that prohibit disclosure of child abuse, neglect, or dependency
reports that are unsubstantiated, unsupported, or without merit to an individual who
is not the alleged perpetrator;
▸ prohibits a court from receiving certain child abuse, neglect, or dependency reports
that are unsubstantiated, unsupported, or without merit into evidence without a
finding of good cause;
▸ clarifies that an adjudication for abuse, neglect, or dependency of a child, or
termination or restoration of parental rights may not be expunged;
▸ modifies the type of records that a court may order sealed in a juvenile
expungement proceeding; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
52-4-205
, as last amended by Laws of Utah 2020, Chapters 12 and 201
62A-4a-101
, as last amended by Laws of Utah 2019, Chapters 259 and 335
62A-4a-107
, as last amended by Laws of Utah 2013, Chapter 171
62A-4a-402
, as last amended by Laws of Utah 2008, Chapter 299
62A-4a-404
, as last amended by Laws of Utah 2020, Chapter 193
62A-4a-412
, as last amended by Laws of Utah 2020, Chapters 193 and 258
62A-4a-1003
, as last amended by Laws of Utah 2019, Chapter 335
62A-15-103
, as last amended by Laws of Utah 2020, Chapter 193
62A-16-102
, as last amended by Laws of Utah 2019, Chapter 139
62A-16-201
, as last amended by Laws of Utah 2019, Chapter 139
62A-16-202
, as enacted by Laws of Utah 2010, Chapter 239
62A-16-203
, as enacted by Laws of Utah 2010, Chapter 239
62A-16-204
, as last amended by Laws of Utah 2019, Chapter 139
62A-16-301
, as last amended by Laws of Utah 2019, Chapter 139
62A-16-302
, as last amended by Laws of Utah 2011, Chapter 343
63G-2-202
, as last amended by Laws of Utah 2020, Chapter 255
63G-2-305
, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
and 393
63G-2-305.5
, as enacted by Laws of Utah 2020, Chapter 349
78A-6-105
, as last amended by Laws of Utah 2020, Chapters 214, 312 and last
amended by Coordination Clause, Laws of Utah 2020, Chapter 214
78A-6-109
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-306
, as last amended by Laws of Utah 2020, Chapters 158 and 214
78A-6-317
, as last amended by Laws of Utah 2019, Chapters 326 and 335
78A-6-1503
, as renumbered and amended by Laws of Utah 2020, Chapter 218
Utah Code Sections Affected by Coordination Clause:
 80-3-107
, Utah Code Annotated 1953
 80-3-110
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-4-205
 is amended to read:
52-4-205.
Purposes of closed meetings -- Certain issues prohibited in closed
meetings.
(1) A closed meeting described under Section 
52-4-204
 may only be held for:
(a) except as provided in Subsection (3), discussion of the character, professional
competence, or physical or mental health of an individual;
(b) strategy sessions to discuss collective bargaining;
(c) strategy sessions to discuss pending or reasonably imminent litigation;
(d) strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, if public discussion of the transaction
would:
(i) disclose the appraisal or estimated value of the property under consideration; or
(ii) prevent the public body from completing the transaction on the best possible terms;
(e) strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under consideration; or
(B) prevent the public body from completing the transaction on the best possible terms;
(ii) the public body previously gave public notice that the property would be offered for
sale; and
(iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
(f) discussion regarding deployment of security personnel, devices, or systems;
(g) investigative proceedings regarding allegations of criminal misconduct;
(h) as relates to the Independent Legislative Ethics Commission, conducting business
relating to the receipt or review of ethics complaints;
(i) as relates to an ethics committee of the Legislature, a purpose permitted under
Subsection 
52-4-204
(1)(a)(iii)(C);
(j) as relates to the Independent Executive Branch Ethics Commission created in
Section 
63A-14-202
, conducting business relating to an ethics complaint;
(k) as relates to a county legislative body, discussing commercial information as
defined in Section 
59-1-404
;
(l) as relates to the Utah Higher Education Assistance Authority and its appointed
board of directors, discussing fiduciary or commercial information as defined in Section
53B-12-102
;
(m) deliberations, not including any information gathering activities, of a public body
acting in the capacity of:
(i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
during the process of evaluating responses to a solicitation, as defined in Section 
63G-6a-103
;
(ii) a protest officer, defined in Section 
63G-6a-103
, during the process of making a
decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
(iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
Procurement Appeals Board;
(n) the purpose of considering information that is designated as a trade secret, as
defined in Section 
13-24-2
, if the public body's consideration of the information is necessary in
order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
(o) the purpose of discussing information provided to the public body during the
procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
the meeting:
(i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
disclosed to a member of the public or to a participant in the procurement process; and
(ii) the public body needs to review or discuss the information in order to properly
fulfill its role and responsibilities in the procurement process;
(p) as relates to the governing board of a governmental nonprofit corporation, as that
term is defined in Section 
11-13a-102
, the purpose of discussing information that is designated
as a trade secret, as that term is defined in Section 
13-24-2
, if:
(i) public knowledge of the discussion would reasonably be expected to result in injury
to the owner of the trade secret; and
(ii) discussion of the information is necessary for the governing board to properly
discharge the board's duties and conduct the board's business; or
(q) a purpose for which a meeting is required to be closed under Subsection (2).
(2) The following meetings shall be closed:
(a) a meeting of the Health and Human Services Interim Committee to review a
[
fatality review
] report described in Subsection 
62A-16-301
(1)(a), and the responses to the
report described in Subsections 
62A-16-301
(2) and (4);
(b) a meeting of the Child Welfare Legislative Oversight Panel to:
(i) review a [
fatality review
] report described in Subsection 
62A-16-301
(1)(a), and the
responses to the report described in Subsections 
62A-16-301
(2) and (4); or
(ii) review and discuss an individual case, as described in Subsection 
62A-4a-207
(5);
(c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
Section 
26-7-13
, to review and discuss an individual case, as described in Subsection
26-7-13
(10); [
and
]
(d) a meeting of a conservation district as defined in Section 
17D-3-102
 for the
purpose of advising the Natural Resource Conservation Service of the United States
Department of Agriculture on a farm improvement project if the discussed information is
protected information under federal law; and
(e) a meeting of the Compassionate Use Board established in Section 
26-61a-105
 for
the purpose of reviewing petitions for a medical cannabis card in accordance with Section
26-61a-105
.
(3) In a closed meeting, a public body may not:
(a) interview a person applying to fill an elected position;
(b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
or
(c) discuss the character, professional competence, or physical or mental health of the
person whose name was submitted for consideration to fill a midterm vacancy or temporary
absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
Temporary Absence in Elected Office.
Section 2. Section 
62A-4a-101
 is amended to read:
62A-4a-101.
Definitions.
As used in this chapter:
(1) "Abuse" means the same as that term is 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
] 
an individual
 under 18 years [
of age
] 
old
.
(4) "Child protection team" means a team consisting of:
(a) the caseworker assigned to the case;
(b) the caseworker who made the decision to remove the child;
(c) a representative of the school or school district where the child attends school;
(d) the peace officer who removed the child from the home;
(e) a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(f) if appropriate, and known to the division, a therapist or counselor who is familiar
with the child's circumstances;
(g) members of a child protection unit; and
(h) any other individuals determined appropriate and necessary by the team coordinator
and chair.
(5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
city, town, metro township, or county that is composed of at least the following individuals
who are trained in the prevention, identification, and treatment of abuse or neglect:
(a) a law enforcement officer, as defined in Section 
53-13-103
; and
(b) a child advocate selected by the chief of police or a sheriff. 
(6) (a) "Chronic abuse" means repeated or patterned abuse.
(b) "Chronic abuse" does not mean an isolated incident of abuse.
(7) (a) "Chronic neglect" means repeated or patterned neglect.
(b) "Chronic neglect" does not mean an isolated incident of neglect.
(8) "Consult" means an interaction between two persons in which the initiating person:
(a) provides information to another person;
(b) provides the other person an opportunity to respond; and
(c) takes the other person's response, if any, into consideration.
(9) "Consumer" means a person who receives services offered by the division in
accordance with this chapter.
(10) "Custody," with regard to the division, means the custody of a minor in the
division as of the date of disposition.
(11) "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
] 
individual
; or
(b) outside of the child's home in a:
(i) day-care center;
(ii) family group home; or
(iii) family child care home.
(12) "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.
(13) "Director" means the director of the Division of Child and Family Services.
(14) "Division" means the Division of Child and Family Services.
(15) "Domestic violence services" means:
(a) temporary shelter, treatment, and related services to:
(i) [
a person
] 
an individual
 who is a victim of abuse, as defined in Section 
78B-7-102
;
and
(ii) the dependent children of [
a person
] 
an individual
 who is a victim of abuse, as
defined in Section 
78B-7-102
; and
(b) treatment services for [
a person
] 
an individual
 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
.
(16) "Harm" means the same as that term is defined in Section 
78A-6-105
.
(17) "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.
(18) "Incest" means the same as that term is defined in Section 
78A-6-105
.
(19) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(20) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(21) "Minor" means, except as provided in Part 7, Interstate Compact on Placement of
Children:
(a) a child; or
(b) [
a person
] 
an individual
:
(i) who is at least 18 years [
of age
] 
old
 and younger than 21 years [
of age
] 
old
; and
(ii) for whom the division has been specifically ordered by the juvenile court to provide
services.
(22) "Molestation" means the same as that term is defined in Section 
78A-6-105
.
(23) "Mutual case" means a case that has been:
(a) opened by the division under the division's discretion and procedures;
(b) opened by the law enforcement agency with jurisdiction over the case; and
(c) accepted for investigation by the child protection unit established by the chief of
police or sheriff, as applicable.
(24) "Natural parent" means a minor's biological or adoptive parent, and includes a
minor's noncustodial parent.
(25) "Neglect" means the same as that term is defined in Section 
78A-6-105
.
(26) "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.
(27) "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.
(28) "Severe abuse" means the same as that term is defined in Section 
78A-6-105
.
(29) "Severe neglect" means the same as that term is defined in Section 
78A-6-105
.
(30) "Sexual abuse" means the same as that term is defined in Section 
78A-6-105
.
(31) "Sexual exploitation" means the same as that term is defined in Section
78A-6-105
.
(32) "Shelter care" means the temporary care of a minor in a nonsecure facility.
(33) "Sibling" means a child who shares or has shared at least one parent in common
either by blood or adoption.
(34) "Sibling visitation" means services provided by the division to facilitate the
interaction between a child in division custody with a sibling of that child.
(35) "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.
(36) "State plan" means the written description of the programs for children, youth, and
family services administered by the division in accordance with federal law.
(37) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
(38) "Substance abuse" means
, except as provided in Section 
62A-4a-404,
 the same as
that term is defined in Section 
78A-6-105
.
(39) "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.
(40) "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.
(41) "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.
(42) "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.
(43) "Threatened harm" means the same as that term is defined in Section 
78A-6-105
.
(44) "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.
(45) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
conclude that abuse or neglect occurred.
(46) "Unsupported" means a finding by the division 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 did not conclude
that the allegation was without merit.
(47) "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 3. Section 
62A-4a-107
 is amended to read:
62A-4a-107.
Mandatory education and training of caseworkers -- Development of
curriculum.
(1) There is created within the division a full-time position of [
Child Welfare Training
Coordinator, who shall be appointed by and serve at the pleasure of the director. The employee
in that position
] 
a child welfare training coordinator.
(2) The child welfare training coordinator
 is not responsible for direct casework
services or the supervision of those services, but is required to:
(a) develop child welfare curriculum that:
(i) is current and effective, consistent with the division's mission and purpose for child
welfare; and
(ii) utilizes curriculum and resources from a variety of sources including those from:
(A) the public sector;
(B) the private sector; and
(C) inside and outside of the state;
(b) recruit, select, and supervise child welfare trainers;
(c) develop a statewide training program, including a budget and identification of
sources of funding to support that training;
(d) evaluate the efficacy of training in improving job performance;
(e) assist child protective services and foster care workers in developing and fulfilling
their individual training plans;
(f) monitor staff compliance with division training requirements and individual training
plans; and
(g) expand the collaboration between the division and schools of social work within
institutions of higher education in developing child welfare services curriculum, and in
providing and evaluating training.
[
(2) (a)
] 
(3)
 The director shall, with the assistance of the child welfare training
coordinator, establish 
and ensure caseworker competency regarding
 a core curriculum for child
welfare services that [
is substantially equivalent to the Child Welfare League of America's
Core Training for Child Welfare Caseworkers Curriculum.
]
:
(a) is driven by child safety and family well-being;
(b) emphasizes child and family voice;
(c) is trauma-informed, as defined in Section 
63M-7-209
; and
(d) is consistent with national child welfare practice standards.
[
(b) Any child welfare caseworker who is employed by the division for the first time
after July 1, 1999, shall, before assuming significant independent casework responsibilities,
successfully complete:
]
[
(i) the core curriculum; and
]
[
(ii) except as provided in Subsection (2)(c), on-the-job training that consists of
observing and accompanying at least two capable and experienced child welfare caseworkers
as they perform work-related functions:
]
[
(A) for three months if the caseworker has less than six months of on-the-job
experience as a child welfare caseworker; or
]
[
(B) for two months if the caseworker has six months or more but less than 24 months
of on-the-job experience as a child welfare caseworker.
]
[
(c) A child welfare caseworker with at least 24 months of on-the-job experience is not
required to receive on-the-job training under Subsection (2)(b)(ii).
]
[
(3) Child welfare caseworkers
]
(4) A child welfare caseworker
 shall complete training in:
(a) the legal duties of a child welfare caseworker;
(b) the responsibility of a child welfare caseworker to protect the safety and legal rights
of children, parents, and families at all stages of a case, including:
(i) initial contact;
(ii) [
investigation
] 
safety and risk assessment
; and
(iii) [
treatment
] 
intervention
;
(c) recognizing situations involving:
(i) substance abuse;
(ii) domestic violence;
(iii) abuse; and
(iv) neglect; and
(d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
the United States to the child welfare caseworker's job, including:
(i) search and seizure of evidence;
(ii) the warrant requirement;
(iii) exceptions to the warrant requirement; and
(iv) removing a child from the custody of the child's parent or guardian.
[
(4)
] 
(5)
 The division shall train [
its
] 
the division's
 child welfare caseworkers to apply
the [
risk assessment tools
] 
safety, risk, needs, and strength assessment tools
 and rules described
in Subsection 
62A-4a-1002
(2).
[
(5)
] 
(6)
 The division shall use the training of child welfare caseworkers to emphasize:
(a) the importance of maintaining the parent-child relationship [
whenever possible
];
(b) the preference for providing in-home services over taking a child into protective
custody, both for the emotional well-being of the child and the efficient allocation of resources;
and
(c) the importance and priority of:
(i) kinship placement in the event a child must be taken into protective custody; and
(ii) guardianship placement, in the event the parent-child relationship is legally
terminated and no appropriate adoptive placement is available.
[
(6)
] 
(7)
 When a child welfare caseworker is hired, before assuming [
significant
]
independent casework responsibilities, [
the child welfare caseworker shall complete the
training described in Subsections (3) through (5).
] 
the division shall ensure that the child
welfare caseworker has:
(a) completed the training described in Subsections (4), (5), and (6); and
(b) participated in sufficient skills development for a child welfare caseworker.
Section 4. Section 
62A-4a-402
 is amended to read:
62A-4a-402.
Definitions.
As used in this part:
(1) "A person responsible for a child's care" means the child's parent, guardian, or other
person responsible for the child's care, whether in the same home as the child, a relative's
home, a group, family, or center day care facility, a foster care home, or a residential
institution.
(2) "Newborn child" means a child who is 30 days old or younger.
[
(2)
] 
(3)
 "Subject" or "subject of the report" means any person reported under this part,
including, but not limited to, a child, parent, guardian, or other person responsible for a child's
care.
Section 5. Section 
62A-4a-404
 is amended to read:
62A-4a-404.
Fetal alcohol syndrome or spectrum disorder and drug dependency
-- Reporting requirements.
(1) As used in this section:
(a) "Health care provider" means:
(i) an individual licensed under:
(A) Title 58, Chapter 31b, Nurse Practice Act;
(B) Title 58, Chapter 44a, Nurse Midwife Practice Act;
(C) Title 58, Chapter 67, Utah Medical Practice Act;
(D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(E) Title 58, Chapter 70a, Utah Physician Assistant Act; or
(F) Title 58, Chapter 77, Direct-Entry Midwife Act; or
(ii) an unlicensed individual who practices midwifery.
[
(b) "Newborn child" means a child who is 30 days of age or younger.
]
[
(c)
] 
(b)
 "Qualified medical provider" means the same as that term is defined in Section
26-61a-102
.
[
(d)
] 
(c)
 (i) "Substance abuse" means [
the misuse or excessive use of alcohol or other
drugs or substances
]
, except as provided in Subsection (1)(c)(ii), the same as that term is
defined in Section 
78A-6-105
.
(ii) "Substance abuse" does not include use of drugs or other substances that are:
(A) obtained by lawful prescription and used as prescribed; or
(B) obtained in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act,
and used as recommended by a qualified medical provider.
(2) A health care provider who attends the birth of a newborn child or cares for a
newborn child and determines [
any of
] the following, shall report the determination to the
division as soon as possible:
(a) the newborn child:
(i) is adversely affected by the child's mother's substance abuse during pregnancy;
(ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
(iii) demonstrates drug or alcohol withdrawal symptoms; or
(b) the parent of the newborn child or a person responsible for the child's care
demonstrates functional impairment or an inability to care for the child as a result of the
parent's or person's substance abuse.
Section 6. Section 
62A-4a-412
 is amended to read:
62A-4a-412.
Reports, information, and referrals confidential.
(1) Except as otherwise provided in this chapter, reports made 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, including members of a child protection unit;
(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
] 
an individual's
 acts or omissions constituted any
level of abuse or neglect of another [
person
] 
individual
;
(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 local
education agency, as defined in Section 
63J-5-102
, 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 or supported
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
] 
individual
 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;
(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
;
(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; or
(o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
local substance abuse authority, described in Section 
17-43-201
, for the purpose of providing
substance abuse treatment to a pregnant woman 
or a parent of a newborn child
, or the services
described in Subsection 
62A-15-103
(2)(o).
(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 the request is a violation of
Subsection (2)(a) 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
] 
the division's or law enforcement
officials'
 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 the division's 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
] 
an individual's
 safety.
(4) Any person who [
wilfully
] 
willfully
 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
] 
under
 this part.
(6) A child-placing agency or person who receives a report in connection with a
preplacement adoptive evaluation [
pursuant to
] 
under
 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.
(7) (a) Except as provided in Subsection (7)(b), in a divorce, custody, or related
proceeding between private parties, a court may not receive into evidence a report that:
(i) is provided to the court:
(A) under Subsection (1)(f); or
(B) by a parent of the child after the record is made available to the parent under
Subsection (1)(e);
(ii) describes a parent of the child as the alleged perpetrator; and
(iii) is found to be unsubstantiated, unsupported, or without merit.
(b) (i) After a motion to admit the report described in Subsection (7)(a) is made, the
court shall allow sufficient time for all subjects of the record to respond before making a
finding on the motion.
(ii) After considering the motion described in Subsection (7)(b), the court may receive
the report into evidence upon a finding on the record of good cause.
Section 7. 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 
private, controlled, or
 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 
or
government entity
 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 supported or 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;
(D) unsubstantiated; 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;
(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 the division's contract
providers, court clerks designated by the Administrative Office of the Courts, 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, 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.
Section 8. Section 
62A-15-103
 is amended to read:
62A-15-103.
Division -- Creation -- Responsibilities.
(1) (a) There is created the Division of Substance Abuse and Mental Health within the
department, under the administration and general supervision of the executive director.
(b) The division is the substance abuse authority and the mental health authority for
this state.
(2) The division shall:
(a) (i) educate the general public regarding the nature and consequences of substance
abuse by promoting school and community-based prevention programs;
(ii) render support and assistance to public schools through approved school-based
substance abuse education programs aimed at prevention of substance abuse;
(iii) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(iv) cooperate with and assist treatment centers, recovery residences, and other
organizations that provide services to individuals recovering from a substance abuse disorder,
by identifying and disseminating information about effective practices and programs;
(v) except as provided in Section 
62A-15-103.5
, make rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
and private programs, minimum standards for public and private providers of substance abuse
and mental health programs licensed by the department under Title 62A, Chapter 2, Licensure
of Programs and Facilities;
(vi) promote integrated programs that address an individual's substance abuse, mental
health, physical health, and criminal risk factors;
(vii) establish and promote an evidence-based continuum of screening, assessment,
prevention, treatment, and recovery support services in the community for individuals with
substance use disorder and mental illness that addresses criminal risk factors;
(viii) evaluate the effectiveness of programs described in this Subsection (2);
(ix) consider the impact of the programs described in this Subsection (2) on:
(A) emergency department utilization;
(B) jail and prison populations;
(C) the homeless population; and
(D) the child welfare system; and
(x) promote or establish programs for education and certification of instructors to
educate [
persons
] 
individuals
 convicted of driving under the influence of alcohol or drugs or
driving with any measurable controlled substance in the body;
(b) (i) collect and disseminate information pertaining to mental health;
(ii) provide direction over the state hospital including approval of the state hospital's
budget, administrative policy, and coordination of services with local service plans;
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to educate families concerning mental illness and promote family
involvement, when appropriate, and with patient consent, in the treatment program of a family
member; and
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to direct that an individual receiving services through a local mental health
authority or the Utah State Hospital be informed about and, if desired by the individual,
provided assistance in the completion of a declaration for mental health treatment in
accordance with Section 
62A-15-1002
;
(c) (i) consult and coordinate with local substance abuse authorities and local mental
health authorities regarding programs and services;
(ii) provide consultation and other assistance to public and private agencies and groups
working on substance abuse and mental health issues;
(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
medical and social agencies, public health authorities, law enforcement agencies, education and
research organizations, and other related groups;
(iv) promote or conduct research on substance abuse and mental health issues, and
submit to the governor and the Legislature recommendations for changes in policy and
legislation;
(v) receive, distribute, and provide direction over public funds for substance abuse and
mental health services;
(vi) monitor and evaluate programs provided by local substance abuse authorities and
local mental health authorities;
(vii) examine expenditures of local, state, and federal funds;
(viii) monitor the expenditure of public funds by:
(A) local substance abuse authorities;
(B) local mental health authorities; and
(C) in counties where they exist, a private contract provider that has an annual or
otherwise ongoing contract to provide comprehensive substance abuse or mental health
programs or services for the local substance abuse authority or local mental health authority;
(ix) contract with local substance abuse authorities and local mental health authorities
to provide a comprehensive continuum of services that include community-based services for
individuals involved in the criminal justice system, in accordance with division policy, contract
provisions, and the local plan;
(x) contract with private and public entities for special statewide or nonclinical
services, or services for individuals involved in the criminal justice system, according to
division rules;
(xi) review and approve each local substance abuse authority's plan and each local
mental health authority's plan in order to ensure:
(A) a statewide comprehensive continuum of substance abuse services;
(B) a statewide comprehensive continuum of mental health services;
(C) services result in improved overall health and functioning;
(D) a statewide comprehensive continuum of community-based services designed to
reduce criminal risk factors for individuals who are determined to have substance abuse or
mental illness conditions or both, and who are involved in the criminal justice system;
(E) compliance, where appropriate, with the certification requirements in Subsection
(2)(j); and
(F) appropriate expenditure of public funds;
(xii) review and make recommendations regarding each local substance abuse
authority's contract with the local substance abuse authority's provider of substance abuse
programs and services and each local mental health authority's contract with the local mental
health authority's provider of mental health programs and services to ensure compliance with
state and federal law and policy;
(xiii) monitor and ensure compliance with division rules and contract requirements;
and
(xiv) withhold funds from local substance abuse authorities, local mental health
authorities, and public and private providers for contract noncompliance, failure to comply
with division directives regarding the use of public funds, or for misuse of public funds or
money;
(d) ensure that the requirements of this part are met and applied uniformly by local
substance abuse authorities and local mental health authorities across the state;
(e) require each local substance abuse authority and each local mental health authority,
in accordance with Subsections 
17-43-201
(5)(b) and 
17-43-301
(6)(a)(ii), to submit a plan to
the division on or before May 15 of each year;
(f) conduct an annual program audit and review of each local substance abuse authority
and each local substance abuse authority's contract provider, and each local mental health
authority and each local mental health authority's contract provider, including:
(i) a review and determination regarding whether:
(A) public funds allocated to the local substance abuse authority or the local mental
health authorities are consistent with services rendered by the authority or the authority's
contract provider, and with outcomes reported by the authority's contract provider; and
(B) each local substance abuse authority and each local mental health authority is
exercising sufficient oversight and control over public funds allocated for substance use
disorder and mental health programs and services; and
(ii) items determined by the division to be necessary and appropriate; and
(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
supports services to an individual with:
(A) a substance use disorder;
(B) a mental health disorder; or
(C) a substance use disorder and a mental health disorder;
(ii) certify a person to carry out, as needed, the division's duty to train and certify an
adult as a peer support specialist;
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that:
(A) establish training and certification requirements for a peer support specialist;
(B) specify the types of services a peer support specialist is qualified to provide;
(C) specify the type of supervision under which a peer support specialist is required to
operate; and
(D) specify continuing education and other requirements for maintaining or renewing
certification as a peer support specialist; and
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that:
(A) establish the requirements for a person to be certified to carry out, as needed, the
division's duty to train and certify an adult as a peer support specialist; and
(B) specify how the division shall provide oversight of a person certified to train and
certify a peer support specialist;
(i) except as provided in Section 
62A-15-103.5
, establish by rule, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and
requirements for the provision of substance use disorder and mental health treatment to an
individual who is incarcerated or who is required to participate in treatment by a court or by the
Board of Pardons and Parole, including:
(i) collaboration with the Department of Corrections and the Utah Substance Use and
Mental Health Advisory Council to develop and coordinate the standards, including standards
for county and state programs serving individuals convicted of class A and class B
misdemeanors;
(ii) determining that the standards ensure available treatment, including the most
current practices and procedures demonstrated by recognized scientific research to reduce
recidivism, including focus on the individual's criminal risk factors; and
(iii) requiring that all public and private treatment programs meet the standards
established under this Subsection (2)(i) in order to receive public funds allocated to the
division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
for the costs of providing screening, assessment, prevention, treatment, and recovery support;
(j) except as provided in Section 
62A-15-103.5
, establish by rule, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures
for the certification of licensed public and private providers, including individuals licensed by
the Division of Occupational and Professional Licensing, programs licensed by the department,
and health care facilities licensed by the Department of Health, who provide, as part of their
practice, substance use disorder and mental health treatment to an individual involved in the
criminal justice system, including:
(i) collaboration with the Department of Corrections, the Utah Substance Use and
Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
and implement the certification process;
(ii) basing the certification process on the standards developed under Subsection (2)(i)
for the treatment of an individual involved in the criminal justice system; and
(iii) the requirement that a public or private provider of treatment to an individual
involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
shall renew the certification every two years, in order to qualify for funds allocated to the
division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
on or after July 1, 2016;
(k) collaborate with the Commission on Criminal and Juvenile Justice to analyze and
provide recommendations to the Legislature regarding:
(i) pretrial services and the resources needed to reduce recidivism;
(ii) county jail and county behavioral health early-assessment resources needed for an
offender convicted of a class A or class B misdemeanor; and
(iii) the replacement of federal dollars associated with drug interdiction law
enforcement task forces that are reduced;
(l) (i) establish performance goals and outcome measurements for all treatment
programs for which minimum standards are established under Subsection (2)(i), including
recidivism data and data regarding cost savings associated with recidivism reduction and the
reduction in the number of inmates, that are obtained in collaboration with the Administrative
Office of the Courts and the Department of Corrections; and
(ii) collect data to track and determine whether the goals and measurements are being
attained and make this information available to the public;
(m) in the division's discretion, use the data to make decisions regarding the use of
funds allocated to the division, the Administrative Office of the Courts, and the Department of
Corrections to provide treatment for which standards are established under Subsection (2)(i);
(n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
based on the data and provide the report to the Judiciary Interim Committee, the Health and
Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
Committee, and the related appropriations subcommittees; and
(o) consult and coordinate with the Department of Health and the Division of Child
and Family Services to develop and manage the operation of a program designed to reduce
substance abuse during pregnancy 
and by parents of a newborn child
 that includes:
(i) providing education and resources to health care providers and individuals in the
state regarding prevention of substance abuse during pregnancy;
(ii) providing training to health care providers in the state regarding screening of a
pregnant woman or pregnant minor to identify a substance abuse disorder; and
(iii) providing referrals to pregnant women [
or
]
,
 pregnant minors
, or parents of a
newborn child
 in need of substance [
use
] 
abuse
 treatment services to a facility that has the
capacity to provide the treatment services.
(3) In addition to the responsibilities described in Subsection (2), the division shall,
within funds appropriated by the Legislature for this purpose, implement and manage the
operation of a firearm safety and suicide prevention program, in consultation with the Bureau
of Criminal Identification created in Section 
53-10-201
, including:
(a) coordinating with the Department of Health, local mental health and substance
abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
Utah-based nonprofit organization with expertise in the field of firearm use and safety that
represents firearm owners, to:
(i) produce and periodically review and update a firearm safety brochure and other
educational materials with information about the safe handling and use of firearms that
includes:
(A) information on safe handling, storage, and use of firearms in a home environment;
(B) information about at-risk individuals and individuals who are legally prohibited
from possessing firearms;
(C) information about suicide prevention awareness; and
(D) information about the availability of firearm safety packets;
(ii) procure cable-style gun locks for distribution [
pursuant to
] 
under
 this section;
(iii) produce a firearm safety packet that includes the firearm safety brochure and the
cable-style gun lock described in this Subsection (3); and
(iv) create a suicide prevention education course that:
(A) provides information for distribution regarding firearm safety education;
(B) incorporates current information on how to recognize suicidal behaviors and
identify individuals who may be suicidal; and
(C) provides information regarding crisis intervention resources;
(b) distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i) health care providers, including emergency rooms;
(ii) mobile crisis outreach teams;
(iii) mental health practitioners;
(iv) other public health suicide prevention organizations;
(v) entities that teach firearm safety courses;
(vi) school districts for use in the seminar, described in Section 
53G-9-702
, for parents
of students in the school district; and
(vii) firearm dealers to be distributed in accordance with Section 
76-10-526
;
(c) creating and administering a redeemable coupon program described in this
Subsection (3) and Section 
76-10-526
 that includes:
(i) producing a redeemable coupon that offers between $10 and $200 off the purchase
price of a firearm safe from a participating firearms dealer or a person engaged in the business
of selling firearm safes in Utah, by a Utah resident who has filed an application for a concealed
firearm permit; and
(ii) collecting the receipts described in Section 
76-10-526
 from the participating
dealers and persons and reimbursing the dealers and persons;
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i) producing and distributing the suicide prevention education course and the firearm
safety brochures and packets;
(ii) procuring the cable-style gun locks for distribution; and
(iii) administering the redeemable coupon program; and
(e) reporting to the Health and Human Services Interim Committee regarding
implementation and success of the firearm safety program and suicide prevention education
course at or before the November meeting each year.
(4) (a) The division may refuse to contract with and may pursue legal remedies against
any local substance abuse authority or local mental health authority that fails, or has failed, to
expend public funds in accordance with state law, division policy, contract provisions, or
directives issued in accordance with state law.
(b) The division may withhold funds from a local substance abuse authority or local
mental health authority if the authority's contract provider of substance abuse or mental health
programs or services fails to comply with state and federal law or policy.
(5) (a) Before reissuing or renewing a contract with any local substance abuse authority
or local mental health authority, the division shall review and determine whether the local
substance abuse authority or local mental health authority is complying with the oversight and
management responsibilities described in Sections 
17-43-201
, 
17-43-203
, 
17-43-303
, and
17-43-309
.
(b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
liability described in Section 
17-43-303
 and to the responsibility and liability described in
Section 
17-43-203
.
(6) In carrying out the division's duties and responsibilities, the division may not
duplicate treatment or educational facilities that exist in other divisions or departments of the
state, but shall work in conjunction with those divisions and departments in rendering the
treatment or educational services that those divisions and departments are competent and able
to provide.
(7) The division may accept in the name of and on behalf of the state donations, gifts,
devises, or bequests of real or personal property or services to be used as specified by the
donor.
(8) The division shall annually review with each local substance abuse authority and
each local mental health authority the authority's statutory and contract responsibilities
regarding:
(a) use of public funds;
(b) oversight of public funds; and
(c) governance of substance use disorder and mental health programs and services.
(9) The Legislature may refuse to appropriate funds to the division upon the division's
failure to comply with the provisions of this part.
(10) If a local substance abuse authority contacts the division under Subsection
17-43-201
(10) for assistance in providing treatment services to a pregnant woman or pregnant
minor, the division shall:
(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
capacity to provide the treatment services; or
(b) otherwise ensure that treatment services are made available to the pregnant woman
or pregnant minor.
(11) The division shall employ a school-based mental health specialist to be housed at
the State Board of Education who shall work with the State Board of Education to:
(a) provide coordination between a local education agency and local mental health
authority;
(b) recommend evidence-based and evidence informed mental health screenings and
intervention assessments for a local education agency; and
(c) coordinate with the local community, including local departments of health, to
enhance and expand mental health related resources for a local education agency.
Section 9. Section 
62A-16-102
 is amended to read:
62A-16-102.
Definitions.
(1) "Abuse" means the same as that term is defined in Section 
78A-6-105
.
(2) "Child" means the same as that term is defined in Section 
62A-4a-101
.
[
(1)
] 
(3)
 "Committee" means a fatality review committee[
,
] 
that is
 formed under
Section 
62A-16-202
 or 
62A-16-203
.
(4) "Dependency" means the same as that term is defined in Section 
62A-4a-101
.
(5) "Formal review" means a review of a death or a near fatality that is ordered under
Subsection 62A-16-201(6).
(6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
places a child in serious or critical condition.
[
(2)
] 
(7)
 "Qualified individual" means an individual who:
(a) at the time that the individual dies, is a resident of a facility or program that is
owned or operated by the department or a division of the department;
(b) (i) is in the custody of the department or a division of the department; and
(ii) is placed in a residential placement by the department or a division of the
department;
(c) at the time that the individual dies, has an open case for the receipt of child welfare
services, including:
(i) an investigation for abuse, neglect, or dependency;
(ii) foster care;
(iii) in-home services; or
(iv) substitute care;
(d) had an open case for the receipt of child welfare services within one year
[
immediately preceding
] 
before
 the day on which the individual dies;
(e) was the subject of an accepted referral received by Adult Protective Services within
one year [
immediately preceding
] 
before
 the day on which the individual dies, if:
(i) the department or a division of the department is aware of the death; and
(ii) the death is reported as a homicide, suicide, or an undetermined cause;
(f) received services from, or under the direction of, the Division of Services for People
with Disabilities within one year [
immediately preceding
] 
before
 the day on which the
individual dies, unless the individual:
(i) lived in the individual's home at the time of death; and
(ii) the director of the Office of Quality and Design determines that the death was not
in any way related to services that were provided by, or under the direction of, the department
or a division of the department;
(g) dies within 60 days after the day on which the individual is discharged from the
Utah State Hospital, if the department is aware of the death; [
or
]
(h) is a child who:
(i) suffers a near fatality; and
(ii) is the subject of an open case for the receipt of child welfare services within one
year before the day on which the child suffered the near fatality, including:
(A) an investigation for abuse, neglect, or dependency;
(B) foster care;
(C) in-home services; or
(D) substitute care; or
[
(h)
] 
(i)
 is designated as a qualified individual by the executive director.
(8) "Neglect" means the same as that term is defined in Section 
78A-6-105
.
(9) "Substitute care" means the same as that term is defined in Section 
62A-4a-101
.
Section 10. Section 
62A-16-201
 is amended to read:
62A-16-201.
Initial review.
(1) Within seven days after the day on which the department knows that a qualified
individual has died 
or is an individual described in Subsection 
62A-16-102
(7)(h)
, a person
designated by the department shall:
(a) 
(i) for a death,
 complete a deceased client report form, created by the department;
[
and
] 
or
(ii) for an individual described in Subsection 
62A-16-102
(7)(h), complete a near
fatality client report form, created by the department; and
(b) forward the completed client report form to the director of the office or division
that has jurisdiction over the region or facility.
(2) The director of the office or division described in Subsection (1) shall, upon receipt
of a 
near fatality client report form or a
 deceased client report form, immediately provide a
copy of the form to:
(a) the executive director; and
(b) the fatality review coordinator or the fatality review coordinator's designee.
(3) Within 10 days after the day on which the fatality review coordinator or the fatality
review coordinator's designee receives a copy of the 
near fatality client report form or the
deceased client report form, the fatality review coordinator or the fatality review coordinator's
designee shall request a copy of all relevant department case records regarding the individual
who is the subject of the [
deceased
] client report form.
(4) Each person who receives a request for a record described in Subsection (3) shall
provide a copy of the record to the fatality review coordinator or the fatality review
coordinator's designee, by a secure method, within seven days after the day on which the
request is made.
(5) Within 30 days after the day on which the fatality review coordinator or the fatality
review coordinator's designee receives the case records requested under Subsection (3), the
fatality review coordinator, or the fatality review coordinator's designee, shall:
(a) review the [
deceased
] client report form, the case files, and other relevant
information received by the fatality review coordinator; and
(b) make a recommendation to the director of the Office of Quality and Design
regarding whether a formal [
fatality
] review 
of the death or near fatality
 should be conducted.
(6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
the fatality review coordinator or the fatality review coordinator's designee makes the
recommendation described in Subsection (5)(b), the director of the Office of Quality and
Design or the director's designee shall determine whether to order that a [
formal fatality
]
review 
of the death or near fatality
 be conducted.
(b) The director of the Office of Quality and Design or the director's designee shall
order that a formal [
fatality
] review 
of the death or near fatality
 be conducted if:
(i) at the time of 
the near fatality or the
 death, the qualified individual is:
(A) an individual described in Subsection 
62A-16-102
[
(2)
]
(6)
(a) or (b), unless:
(I) the 
near fatality or the
 death is due to a natural cause; or
(II) the director of the Office of Quality and Design or the director's designee
determines that the 
near fatality or the
 death was not in any way related to services that were
provided by, or under the direction of, the department or a division of the department; or
(B) a child in foster care or substitute care, unless the 
near fatality or the
 death is due
to:
(I) a natural cause; or
(II) an accident;
(ii) it appears, based on the information provided to the director of the Office of
Quality and Design or the director's designee, that:
(A) a provision of law, rule, policy, or procedure relating to the [
deceased
] 
qualified
individual or the [
deceased
] individual's family may not have been complied with;
(B) the 
near fatality or the
 fatality was not responded to properly;
(C) a law, rule, policy, or procedure may need to be changed; or
(D) additional training is needed;
(iii) 
(A)
 the death is caused by suicide; or
(B) the near fatality is caused by attempted suicide; or
(iv) the director of the Office of Quality and Design or the director's designee
determines that another reason exists to order that a [
formal fatality
] review 
of the near fatality
or the death
 be conducted.
Section 11. Section 
62A-16-202
 is amended to read:
62A-16-202.
Fatality review committee for a qualified individual who was not a
resident of the Utah State Hospital or the Utah State Developmental Center.
(1) Except for a fatality review committee described in Section 
62A-16-203
, the
fatality review coordinator shall organize a fatality review committee for each formal [
fatality
review that is ordered to be conducted under Subsection 
62A-16-201
(6)
] 
review
.
(2) Except as provided in Subsection (5), a committee described in Subsection (1):
(a) shall include the following members:
(i) the department's fatality review coordinator, who shall designate a member of the
committee to serve as chair of the committee;
(ii) a member of the board, if there is a board, of the relevant division or office;
(iii) the attorney general or the attorney general's designee;
(iv) (A) a member of the management staff of the relevant division or office; or
(B) a person who is a supervisor, or a higher level position, from a region that did not
have jurisdiction over the qualified individual; and
(v) a member of the department's risk management services; and
(b) may include the following members:
(i) a health care professional;
(ii) a law enforcement officer; or
(iii) a representative of the Office of Public Guardian.
(3) If a death that is subject to formal review involves a qualified individual described
in Subsection 
62A-16-102
[
(2)(c) or (d)
]
(7)(c), (d), or (h)
, the committee may also include:
(a) a health care professional;
(b) a law enforcement officer;
(c) the director of the Office of Guardian ad Litem;
(d) an employee of the division who may be able to provide information or expertise
that would be helpful to the formal review; or
(e) a professional whose knowledge or expertise may significantly contribute to the
formal review.
(4) A committee described in Subsection (1) may also include a person whose
knowledge or expertise may significantly contribute to the formal review.
(5) A committee described in this section may not include an individual who was
involved in, or who supervises a person who was involved in, the [
fatality.
] 
near fatality or the
death.
(6) Each member of a committee described in this section who is not an employee of
the department shall sign a form, created by the department, indicating that the member agrees
to:
(a) keep all information relating to [
a fatality
] 
the formal
 review confidential; and
(b) not release any information relating to a [
fatality
] 
formal
 review, unless required or
permitted by law to release the information.
Section 12. Section 
62A-16-203
 is amended to read:
62A-16-203.
Fatality review committees for a resident of the Utah State Hospital
or the Utah State Developmental Center.
(1) If a qualified individual who is the subject of a formal [
fatality review that is
ordered to be conducted under Subsection 
62A-16-201
(6)
] 
review
 was a resident of the Utah
State Hospital or the Utah State Developmental Center, the fatality review coordinator of that
facility shall organize a fatality review committee to review the [
fatality.
] 
near fatality or the
death.
(2) Except as provided in Subsection (4), a committee described in Subsection (1) shall
include the following members:
(a) the fatality review coordinator for the facility, who shall serve as chair of the
committee;
(b) a member of the management staff of the facility;
(c) a supervisor of a unit other than the one in which the qualified individual resided;
(d) a physician;
(e) a representative from the administration of the division that oversees the facility;
(f) the department's fatality review coordinator;
(g) a member of the department's risk management services; and
(h) a citizen who is not an employee of the department.
(3) A committee described in Subsection (1) may also include a person whose
knowledge or expertise may significantly contribute to the formal review.
(4) A committee described in this section may not include an individual who:
(a) was involved in, or who supervises a person who was involved in, the [
fatality
] 
near
fatality or the death
; or
(b) has a conflict with the fatality review.
Section 13. Section 
62A-16-204
 is amended to read:
62A-16-204.
Fatality review committee proceedings.
(1) A majority vote of committee members present constitutes the action of the
committee.
(2) The department shall give the committee access to all reports, records, and other
documents that are relevant to the [
fatality
] 
near fatality or the death
 under investigation,
including:
(a) narrative reports;
(b) case files;
(c) autopsy reports; and
(d) police reports, unless the report is protected from disclosure under Subsection
63G-2-305
(10) or (11).
(3) The Utah State Hospital and the Utah State Developmental Center shall provide
protected health information to the committee if requested by a fatality review coordinator.
(4) A committee shall convene its first meeting within 14 days after the day on which a
formal [
fatality review is ordered under Subsection 
62A-16-201
(6)
] 
review is ordered
, unless
this time is extended, for good cause, by the director of the Office of Quality and Design.
(5) A committee may interview a staff member, a provider, or any other person who
may have knowledge or expertise that is relevant to the [
fatality
] 
formal
 review.
(6) A committee shall render an advisory opinion regarding:
(a) whether the provisions of law, rule, policy, and procedure relating to the [
deceased
]
qualified
 individual and the [
deceased
] individual's family were complied with;
(b) whether the [
fatality
] 
near fatality or the death
 was responded to properly;
(c) whether to recommend that a law, rule, policy, or procedure be changed; and
(d) whether additional training is needed.
Section 14. Section 
62A-16-301
 is amended to read:
62A-16-301.
Fatality review committee report -- Response to report.
(1) Within 20 days after the day on which the committee proceedings described in
Section 
62A-16-204
 end, the committee shall submit:
(a) a written report to the executive director that includes:
(i) the advisory opinions made under Subsection 
62A-16-204
(6); and
(ii) any recommendations regarding action that should be taken in relation to an
employee of the department or a person who contracts with the department;
(b) a copy of the report described in Subsection (1)(a) to:
(i) the director, or the director's designee, of the office or division to which the
[
fatality
] 
near fatality or the death
 relates; and
(ii) the regional director, or the regional director's designee, of the region to which the
[
fatality
] 
near fatality or the death
 relates; and
(c) a copy of the report described in Subsection (1)(a), with only identifying
information redacted, to the Office of Legislative Research and General Counsel.
(2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)
receives a copy of the report described in Subsection (1)(a), the director shall provide a written
response to the director of the Office of Quality and Design and a copy of the response, with
only identifying information redacted, to the Office of Legislative Research and General
Counsel, if the report:
(a) indicates that a law, rule, policy, or procedure was not complied with;
(b) indicates that the [
fatality
] 
near fatality or the death
 was not responded to properly;
(c) recommends that a law, rule, policy, or procedure be changed; or
(d) indicates that additional training is needed.
(3) The response described in Subsection (2) shall include a plan of action to
implement any recommended improvements within the office or division.
(4) Within 30 days after the day on which the executive director receives the response
described in Subsection (2), the executive director, or the executive director's designee shall:
(a) review the plan of action described in Subsection (3);
(b) make any written response that the executive director or the executive director's
designee determines is necessary;
(c) provide a copy of the written response described in Subsection (4)(b), with only
identifying information redacted, to the Office of Legislative Research and General Counsel;
and
(d) provide an unredacted copy of the response described in Subsection (4)(b) to the
director of the Office of Quality and Design.
(5) A report described in Subsection (1) and each response described in this section is a
protected record.
(6) (a) As used in this Subsection (6), "fatality review document" means any document
created in connection with, or as a result of, a [
fatality
] 
formal
 review 
of a near fatality or a
death,
 or a decision whether to conduct a [
fatality
] 
formal
 review 
of a near fatality or a death
,
including:
(i) a report described in Subsection (1);
(ii) a response described in this section;
(iii) a recommendation regarding whether a [
fatality
] 
formal
 review should be
conducted;
(iv) a decision to conduct a [
fatality
] 
formal
 review;
(v) notes of a person who participates in a [
fatality
] 
formal
 review;
(vi) notes of a person who reviews a [
fatality
] 
formal
 review report;
(vii) minutes of a [
fatality
] 
formal
 review;
(viii) minutes of a meeting where a [
fatality
] 
formal
 review report is reviewed; and
(ix) minutes of, documents received in relation to, and documents generated in relation
to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
Welfare Legislative Oversight Panel that a [
fatality
] 
formal
 review report or a document
described in this Subsection (6)(a) is reviewed or discussed.
(b) A fatality review document is not subject to discovery, subpoena, or similar
compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
or organization with lawful access to the data be compelled to testify with regard to a report
described in Subsection (1) or a response described in this section.
(c) The following are not admissible as evidence in a civil, judicial, or administrative
proceeding:
(i) a fatality review document; and
(ii) an executive summary described in Subsection 
62A-16-302
(4).
Section 15. Section 
62A-16-302
 is amended to read:
62A-16-302.
Reporting to, and review by, legislative committees.
(1) The Office of Legislative Research and General Counsel shall provide a copy of the
report described in Subsection 
62A-16-301
(1)(b), and the responses described in Subsections
62A-16-301
(2) and (4)(c) to the chairs of:
(a) the Health and Human Services Interim Committee; or
(b) if the 
qualified
 individual who is the subject of the report [
was, at the time of death,
a person
] 
is an individual
 described in Subsection 
62A-16-102
[
(2)(c) or (d)
]
(7)(c), (d), or (h)
,
the Child Welfare Legislative Oversight Panel.
(2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
review a report described in Subsection 
62A-16-301
(1)(b).
(b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
report described in Subsection (1)(b).
(3) (a) [
Neither the
] 
The
 Health and Human Services Interim Committee [
nor
] 
and
 the
Child Welfare Legislative Oversight Panel may 
not
 interfere with, or make recommendations
regarding, the resolution of a particular case.
(b) The purpose of a review described in Subsection (2) is to assist a committee or
panel described in Subsection (2) in determining whether to recommend a change in the law.
(c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
change in the law shall be made in an open meeting.
(4) (a) On or before September 1 of each year, the department shall provide an
executive summary of all [
fatality
] 
formal
 review reports for the preceding state fiscal year to
the Office of Legislative Research and General Counsel.
(b) The Office of Legislative Research and General Counsel shall forward a copy of the
executive summary described in Subsection (4)(a) to:
(i) the Health and Human Services Interim Committee; and
(ii) the Child Welfare Legislative Oversight Panel.
(5) The executive summary described in Subsection (4):
(a) may not include any names or identifying information;
(b) shall include:
(i) all recommendations regarding changes to the law that were made during the
preceding fiscal year under Subsection 
62A-16-204
(6);
(ii) all changes made, or in the process of being made, to a law, rule, policy, or
procedure in response to a [
fatality
] 
formal
 review that occurred during the preceding fiscal
year;
(iii) a description of the training that has been completed in response to a [
fatality
]
formal
 review that occurred during the preceding fiscal year;
(iv) statistics for the preceding fiscal year regarding:
(A) the number 
of qualified individuals
 and 
the
 type of [
fatalities of qualified
individuals
] 
deaths and near fatalities
 that are known to the department;
(B) the number of formal [
fatality
] reviews conducted;
(C) the categories[
,
] described in Subsection 
62A-16-102
(2) of qualified individuals
[
who died
];
(D) the gender, age, race, and other significant categories of qualified individuals [
who
died
]; and
(E) the number of fatalities of qualified individuals known to the department that are
identified as suicides; and
(v) action taken by the Office of Licensing and the Bureau of Internal Review and
Audits in response to the [
fatality
] 
near fatality or the death
 of a qualified individual; and
(c) is a public document.
(6) The Division of Child and Family Services shall, to the extent required by the
federal Child Abuse Prevention and Treatment Act, as amended, allow public disclosure of the
findings or information relating to a case of child abuse or neglect that results in a child fatality
or 
a
 near fatality.
Section 16. Section 
63G-2-202
 is amended to read:
63G-2-202.
Access to private, controlled, and protected documents.
(1) Except as provided in Subsection (11)(a), a governmental entity:
(a) shall, upon request, disclose a private record to:
(i) the subject of the record;
(ii) the parent or legal guardian of an unemancipated minor who is the subject of the
record;
(iii) the legal guardian of a legally incapacitated individual who is the subject of the
record;
(iv) any other individual who:
(A) has a power of attorney from the subject of the record;
(B) submits a notarized release from the subject of the record or the individual's legal
representative dated no more than 90 days before the date the request is made; or
(C) if the record is a medical record described in Subsection 
63G-2-302
(1)(b), is a
health care provider, as defined in Section 
26-33a-102
, if releasing the record or information in
the record is consistent with normal professional practice and medical ethics; or
(v) any person to whom the record must be provided pursuant to:
(A) court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; and
(b) may disclose a private record described in Subsections 
63G-2-302
(1)(j) through
(m), without complying with Section 
63G-2-206
, to another governmental entity for a purpose
related to:
(i) voter registration; or
(ii) the administration of an election. 
(2) (a) Upon request, a governmental entity shall disclose a controlled record to:
(i) a physician, physician assistant, psychologist, certified social worker, insurance
provider or producer, or a government public health agency upon submission of:
(A) a release from the subject of the record that is dated no more than 90 days prior to
the date the request is made; and
(B) a signed acknowledgment of the terms of disclosure of controlled information as
provided by Subsection (2)(b); and
(ii) any person to whom the record must be disclosed pursuant to:
(A) a court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers.
(b) A person who receives a record from a governmental entity in accordance with
Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
including the subject of the record.
(3) If there is more than one subject of a private or controlled record, the portion of the
record that pertains to another subject shall be segregated from the portion that the requester is
entitled to inspect.
(4) Upon request, and except as provided in Subsection [
(10) or
] (11)(b), a
governmental entity shall disclose a protected record to:
(a) the person that submitted the record;
(b) any other individual who:
(i) has a power of attorney from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification; or
(ii) submits a notarized release from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification or from
their legal representatives dated no more than 90 days prior to the date the request is made;
(c) any person to whom the record must be provided pursuant to:
(i) a court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; or
(d) the owner of a mobile home park, subject to the conditions of Subsection
41-1a-116
(5).
(5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
private, controlled, or protected record to another governmental entity, political subdivision,
state, the United States, or a foreign government only as provided by Section 
63G-2-206
.
(6) Before releasing a private, controlled, or protected record, the governmental entity
shall obtain evidence of the requester's identity.
(7) A governmental entity shall disclose a record pursuant to the terms of a court order
signed by a judge from a court of competent jurisdiction, provided that:
(a) the record deals with a matter in controversy over which the court has jurisdiction;
(b) the court has considered the merits of the request for access to the record;
(c) the court has considered and, where appropriate, limited the requester's use and
further disclosure of the record in order to protect:
(i) privacy interests in the case of private or controlled records;
(ii) business confidentiality interests in the case of records protected under Subsection
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records;
(d) to the extent the record is properly classified private, controlled, or protected, the
interests favoring access, considering limitations thereon, are greater than or equal to the
interests favoring restriction of access; and
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection
63G-2-201
(3)(b), the court has authority independent of this chapter to order disclosure.
(8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
authorize disclosure of private or controlled records for research purposes if the governmental
entity:
(i) determines that the research purpose cannot reasonably be accomplished without
use or disclosure of the information to the researcher in individually identifiable form;
(ii) determines that:
(A) the proposed research is bona fide; and
(B) the value of the research is greater than or equal to the infringement upon personal
privacy;
(iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
the records; and
(B) requires the removal or destruction of the individual identifiers associated with the
records as soon as the purpose of the research project has been accomplished;
(iv) prohibits the researcher from:
(A) disclosing the record in individually identifiable form, except as provided in
Subsection (8)(b); or
(B) using the record for purposes other than the research approved by the governmental
entity; and
(v) secures from the researcher a written statement of the researcher's understanding of
and agreement to the conditions of this Subsection (8) and the researcher's understanding that
violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
under Section 
63G-2-801
.
(b) A researcher may disclose a record in individually identifiable form if the record is
disclosed for the purpose of auditing or evaluating the research program and no subsequent use
or disclosure of the record in individually identifiable form will be made by the auditor or
evaluator except as provided by this section.
(c) A governmental entity may require indemnification as a condition of permitting
research under this Subsection (8).
(d) A governmental entity may not disclose or authorize disclosure of a private record
for research purposes as described in this Subsection (8) if the private record is a record
described in Subsection 
63G-2-302
(1)(w).
(9) (a) Under Subsections 
63G-2-201
(5)(b) and 
63G-2-401
(6), a governmental entity
may disclose to persons other than those specified in this section records that are:
(i) private under Section 
63G-2-302
; or
(ii) protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(b) Under Subsection 
63G-2-403
(11)(b), the State Records Committee may require the
disclosure to persons other than those specified in this section of records that are:
(i) private under Section 
63G-2-302
;
(ii) controlled under Section 
63G-2-304
; or
(iii) protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(c) Under Subsection 
63G-2-404
(7), the court may require the disclosure of records
that are private under Section 
63G-2-302
, controlled under Section 
63G-2-304
, or protected
under Section 
63G-2-305
 to persons other than those specified in this section.
[
(10) A record contained in the Management Information System, created in Section
62A-4a-1003
, that is found to be unsubstantiated, unsupported, or without merit may not be
disclosed to any person except the person who is alleged in the report to be a perpetrator of
abuse, neglect, or dependency.
]
[
(11)
] 
(10)
 (a) A private record described in Subsection 
63G-2-302
(2)(f) may only be
disclosed as provided in Subsection (1)(a)(v).
(b) A protected record described in Subsection 
63G-2-305
(43) may only be disclosed
as provided in Subsection (4)(c) or Section 
62A-3-312
.
[
(12)
] 
(11)
 (a) A private, protected, or controlled record described in Section
62A-16-301
 shall be disclosed as required under:
(i) Subsections 
62A-16-301
(1)(b), (2), and (4)(c); and
(ii) Subsections 
62A-16-302
(1) and (6).
(b) A record disclosed under Subsection [
(12)
] 
(11)
(a) shall retain its character as
private, protected, or controlled.
Section 17. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 
63G-6a-712
;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the [
Management Information System and
] Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone number
where the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section 
20A-9-201
, 
20A-9-202
, 
20A-9-203
, 
20A-9-404
, 
20A-9-405
, 
20A-9-408
,
20A-9-408.5
, 
20A-9-502
, or 
20A-9-601
;
(b) an affidavit of impecuniosity, described in Section 
20A-9-201
; or
(c) a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge including information disclosed under Subsection
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
[
(56) records contained in the Management Information System created in Section
62A-4a-1003
;
]
[
(57)
] 
(56)
 records provided or received by the Public Lands Policy Coordinating
Office in furtherance of any contract or other agreement made in accordance with Section
63J-4-603
;
[
(58)
] 
(57)
 information requested by and provided to the 911 Division under Section
63H-7a-302
;
[
(59)
] 
(58)
 in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
[
(60)
] 
(59)
 the following records in the custody or control of the Office of Inspector
General of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
[
(61)
] 
(60)
 records that reveal methods used by the Office of Inspector General of
Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud,
waste, or abuse;
[
(62)
] 
(61)
 information provided to the Department of Health or the Division of
Occupational and Professional Licensing under Subsections 
58-67-304
(3) and (4) and
Subsections 
58-68-304
(3) and (4);
[
(63)
] 
(62)
 a record described in Section 
63G-12-210
;
[
(64)
] 
(63)
 captured plate data that is obtained through an automatic license plate
reader system used by a governmental entity as authorized in Section 
41-6a-2003
;
[
(65)
] 
(64)
 any record in the custody of the Utah Office for Victims of Crime relating
to a victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
[
(66)
] 
(65)
 an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Section 
62A-2-101
, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; 
[
(67)
] 
(66)
 a record pertaining to the search process for a president of an institution of
higher education described in Section 
53B-2-102
, except for application materials for a
publicly announced finalist;
[
(68)
] 
(67)
 an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating an
individual with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve
their response to an emergency situation; 
[
(69)
] 
(68)
 records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Audit Subcommittee, established under Section 
36-12-8
, for an
employment position with the Legislature;
[
(70)
] 
(69)
 work papers as defined in Section 
31A-2-204
;
[
(71)
] 
(70)
 a record made available to Adult Protective Services or a law enforcement
agency under Section 
61-1-206
;
[
(72)
] 
(71)
 a record submitted to the Insurance Department in accordance with Section
31A-37-201
 or 
31A-22-653
;
[
(73)
] 
(72)
 a record described in Section 
31A-37-503
[
.
]
;
[
(74)
] 
(73)
 any record created by the Division of Occupational and Professional
Licensing as a result of Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
[
(75)
] 
(74)
 a record described in Section 
72-16-306
 that relates to the reporting of an
injury involving an amusement ride;
[
(76)
] 
(75)
 except as provided in Subsection 
63G-2-305.5
(1), the signature of an
individual on a political petition, or on a request to withdraw a signature from a political
petition, including a petition or request described in the following titles:
(a) Title 10, Utah Municipal Code;
(b) Title 17, Counties;
(c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e) Title 20A, Election Code;
[
(77)
] 
(76)
 except as provided in Subsection 
63G-2-305.5
(2), the signature of an
individual in a voter registration record;
[
(78)
] 
(77)
 except as provided in Subsection 
63G-2-305.5
(3), any signature, other than
a signature described in Subsection [
(76)
] 
(75)
 or [
(77)
] 
(76)
, in the custody of the lieutenant
governor or a local political subdivision collected or held under, or in relation to, Title 20A,
Election Code;
[
(79)
] 
(78)
 a Form I-918 Supplement B certification as described in Title 77, Chapter
38, Part 5, Victims Guidelines for Prosecutors Act;
[
(80)
] 
(79)
 a record submitted to the Insurance Department under Subsection
[
31A-47-103
] 
31A-48-103
(1)(b); and
[
(81)
] 
(80)
 personal information, as defined in Section 
63G-26-102
, to the extent
disclosure is prohibited under Section 
63G-26-103
.
Section 18. Section 
63G-2-305.5
 is amended to read:
63G-2-305.5.
Viewing or obtaining lists of signatures.
(1) The records custodian of a signature described in Subsection 
63G-2-305
[
(76)
]
(75)
shall, upon request, except for a name or signature classified as private under Title 20A,
Chapter 2, Voter Registration:
(a) provide a list of the names of the individuals who signed the petition or request; and
(b) permit an individual to view, but not take a copy or other image of, the signatures
on a political petition described in Subsection 
63G-2-305
[
(76)
]
(75)
.
(2) The records custodian of a signature described in Subsection 
63G-2-305
[
(77)
]
(76)
shall, upon request, except for a name or signature classified as private under Title 20A,
Chapter 2, Voter Registration:
(a) provide a list of the names of registered voters, excluding the names that are
classified as private under Title 20A, Chapter 2, Voter Registration; and
(b) except for a signature classified as private under Title 20A, Chapter 2, Voter
Registration, permit an individual to view, but not take a copy or other image of, the signature
on a voter registration record.
(3) Except for a signature classified as private under Title 20A, Chapter 2, Voter
Registration, the records custodian of a signature described in Subsection 
63G-2-305
[
(78)
]
(77)
shall, upon request, permit an individual to view, but not take a copy or other image of, a
signature.
Section 19. Section 
78A-6-105
 is amended to read:
78A-6-105.
Definitions.
As used in this chapter:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
78A-6-1302
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) whose case is under the continuing jurisdiction of the juvenile court in accordance
with Section 
78A-6-120
.
(5) "Board" means the Board of Juvenile Court Judges.
(6) "Child" means an individual who is under 18 years old.
(7) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which agency is licensed or approved where such license or approval is required by law.
(8) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(9) "Commit" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years old, to transfer custody.
(10) "Court" means the juvenile court.
(11) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
committed by an adult.
(13) "Department" means the Department of Human Services created in Section
62A-1-102
.
(14) "Dependent child" includes a child who is [
homeless or
] without proper care
through no fault of the child's parent, guardian, or custodian.
(15) "Deprivation of custody" means transfer of legal custody by the court from a
parent or the parents or a previous legal custodian to another person, agency, or institution.
(16) "Detention" means home detention and secure detention as defined in Section
62A-7-101
 for the temporary care of a minor who requires secure custody in a physically
restricting facility:
(a) pending court disposition or transfer to another jurisdiction; or
(b) while the minor's case is under the continuing jurisdiction of the court.
(17) "Detention risk assessment tool" means an evidence-based tool established under
Section 
78A-6-124
, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
court or reoffending pre-adjudication and designed to assist in making detention
determinations.
(18) "Developmental immaturity" means incomplete development in one or more
domains which manifests as a functional limitation in the minor's present ability to consult with
counsel with a reasonable degree of rational understanding and have a rational as well as
factual understanding of the proceedings.
(19) "Division" means the Division of Child and Family Services.
(20) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(21) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
Substance Abuse and Mental Health in accordance with Section 
62A-15-105
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(22) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool. 
(23) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(24) "Formal probation" means a minor is under field supervision by the probation
department or other agency designated by the court and subject to return to the court in
accordance with Section 
78A-6-123
 on and after July 1, 2018.
(25) "Formal referral" means a written report from a peace officer or other person
informing the court that a minor is, or appears to be, within the court's jurisdiction and that the
minor's case must be reviewed by the court's probation department or a prosecuting attorney.
(26) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(27) "Guardianship of the person" includes the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another individual, agency, or
institution.
(28) "Habitual truant" means the same as that term is defined in Section 
53G-6-201
.
(29) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(30) (a) "Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) The relationships described in Subsection (30)(a) include:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(31) "Intake probation" means a period of court monitoring that does not include field
supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
return to the court in accordance with Section 
78A-6-123
 on and after July 1, 2018.
(32) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(33) "Legal custody" means a relationship embodying the following rights and duties:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(34) "Material loss" means an uninsured:
(a) property loss;
(b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
(c) lost wages because of an injury, time spent as a witness, or time spent assisting the
police or prosecution; or
(d) medical expense.
(35) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(36) "Minor" means:
(a) for the purpose of juvenile delinquency:
(i) a child; or
(ii) an individual:
(A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the jurisdiction of the juvenile court; and
(b) for all other purposes in this chapter:
(i) a child; or
(ii) an individual:
(A) who is at least 18 years old and younger than 21 years old; and
(B) whose case is under the jurisdiction of the juvenile court.
(37) "Mobile crisis outreach team" means a crisis intervention service for a minor or
the family of a minor experiencing a behavioral health or psychiatric emergency.
(38) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
76-5-416
.
(39) (a) "Natural parent" means a minor's biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(40) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated custody transfer; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
78A-6-301.5
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(41) "Neglected child" means a child who has been subjected to neglect.
(42) "Nonjudicial adjustment" means closure of the case by the assigned probation
officer without judicial determination upon the consent in writing of:
(a) the assigned probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(43) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(44) "Physical abuse" means abuse that results in physical injury or damage to a child.
(45) "Probation" means a legal status created by court order following an adjudication
on the ground of a violation of law or under Section 
78A-6-103
, whereby the minor is
permitted to remain in the minor's home under prescribed conditions.
(46) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(47) "Protective supervision" means a legal status created by court order following an
adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
dependency is provided by the probation department or other agency designated by the court.
(48) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(49) (a) "Residual parental rights and duties" means those rights and duties remaining
with the parent after legal custody or guardianship, or both, have been vested in another person
or agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(50) "Secure facility" means any facility operated by or under contract with the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
youth offenders committed to the division for custody and rehabilitation in accordance with
Subsection 
78A-6-117
(2)(d).
(51) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(52) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(53) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (30), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual who engages in the conduct is actually
charged with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(54) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any individual; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any individual; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
is actually charged with, or convicted of, the offense.
(55) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending court disposition or transfer to another jurisdiction.
(56) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(57) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
(58) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(59) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(60) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(61) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(62) "Therapist" means:
(a) an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in its custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(63) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(64) "Unregulated custody transfer" means the placement of a child:
(a) with an individual who is not the child's parent, step-parent, grandparent, adult
sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
whom the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the individual taking custody of the child.
(65) "Unsupported" means the same as that term is defined in Section 
62A-4a-101
.
(66) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(67) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(68) (a) "Victim" means a person that the court determines has suffered a material loss
as a result of a minor's wrongful act or conduct.
(b) "Victim" includes the Utah Office for Victims of Crime.
(69) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
Section 20. Section 
78A-6-109
 is amended to read:
78A-6-109.
Summons -- Service and process -- Issuance and contents -- Notice to
absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
process for attendance of witnesses when authorized.
(1) After a petition is filed the court shall promptly issue a summons, unless the judge
directs that a further investigation is needed. No summons is required as to any person who
appears voluntarily or who files a written waiver of service with the clerk of the court at or
before the hearing.
(2) The summons shall contain:
(a) the name of the court;
(b) the title of the proceedings; and
(c) except for a published summons, a brief statement of the substance of the
allegations in the petition.
(3) A published summons shall state:
(a) that a proceeding concerning the minor is pending in the court; and
(b) an adjudication will be made.
(4) The summons shall require the person or persons who have physical custody of the
minor to appear personally and bring the minor before the court at a time and place stated. If
the person or persons summoned are not the parent, parents, or guardian of the minor, the
summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
them of the pendency of the case and of the time and place set for the hearing.
(5) Summons may be issued requiring the appearance of any other person whose
presence the court finds necessary.
(6) If it appears to the court that the welfare of the minor or of the public requires that
the minor be taken into custody, and it does not conflict with Section 
78A-6-106.5
, the court
may by endorsement upon the summons direct that the person serving the summons take the
minor into custody at once.
(7) Subject to Subsection 
78A-6-117
(2), upon the sworn testimony of one or more
reputable physicians, the court may order emergency medical or surgical treatment that is
immediately necessary for a minor concerning whom a petition has been filed pending the
service of summons upon the minor's parents, guardian, or custodian.
(8) A parent or guardian is entitled to the issuance of compulsory process for the
attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
witnesses on behalf of the minor.
(9) Service of summons and process and proof of service shall be made in the manner
provided in the Utah Rules of Civil Procedure.
(10) (a) Service of summons or process shall be made by the sheriff of the county
where the service is to be made, or by the sheriff's deputy.
(b) Notwithstanding Subsection (10)(a), upon request of the court, service shall be
made by any other peace officer, or by another suitable person selected by the court.
(11) Service of summons in the state shall be made personally, by delivering a copy to
the person summoned; provided, however, that parents of a minor living together at their usual
place of abode may both be served by personal delivery to either parent of copies of the
summons, one copy for each parent.
(12) If the judge makes a written finding that the judge has reason to believe that
personal service of the summons will be unsuccessful, or will not accomplish notification
within a reasonable time after issuance of the summons, the judge may order service by
registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
last-known address of the person to be served in the state. Service shall be complete upon
return to the court of the signed receipt.
(13) If the parents, parent, or guardian required to be summoned under Subsection (4)
cannot be found within the state, the fact of their minor's presence within the state shall confer
jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
parent or guardian, provided that due notice has been given in the following manner:
(a) If the address of the parent or guardian is known, due notice is given by sending the
parent or guardian a copy of the summons by registered mail with a return receipt to be signed
by the addressee only, or by personal service outside the state, as provided in the Utah Rules of
Civil Procedure. Service by registered mail shall be complete upon return to the court of the
signed receipt.
(b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
after diligent inquiry be ascertained, due notice is given by publishing a summons:
(A) in a newspaper having general circulation in the county in which the proceeding is
pending once a week for four successive weeks; [
and
] 
or
(B) in accordance with Section 
45-1-101
 for four weeks.
(ii) Service shall be complete on the day of the last publication.
(c) Service of summons as provided in this subsection shall vest the court with
jurisdiction over the parent or guardian served in the same manner and to the same extent as if
the person served was served personally within the state.
(14) In the case of service in the state, service completed not less than 48 hours before
the time set in the summons for the appearance of the person served, shall be sufficient to
confer jurisdiction. In the case of service outside the state, service completed not less than five
days before the time set in the summons for appearance of the person served, shall be sufficient
to confer jurisdiction.
(15) Computation of periods of time under this chapter shall be made in accordance
with the Utah Rules of Civil Procedure.
Section 21. Section 
78A-6-306
 is amended to read:
78A-6-306.
Shelter hearing.
(1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
after any one or all of the following occur:
(a) removal of the child from the child's home by the division;
(b) placement of the child in the protective custody of the division;
(c) emergency placement under Subsection 
62A-4a-202.1
(4);
(d) as an alternative to removal of the child, a parent enters a domestic violence shelter
at the request of the division; or
(e) a "Motion for Expedited Placement in Temporary Custody" is filed under
Subsection 
78A-6-106
(4).
(2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
division shall issue a notice that contains all of the following:
(a) the name and address of the person to whom the notice is directed;
(b) the date, time, and place of the shelter hearing;
(c) the name of the child on whose behalf a petition is being brought;
(d) a concise statement regarding:
(i) the reasons for removal or other action of the division under Subsection (1); and
(ii) the allegations and code sections under which the proceeding has been instituted;
(e) a statement that the parent or guardian to whom notice is given, and the child, are
entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and
(f) a statement that the parent or guardian is liable for the cost of support of the child in
the protective custody, temporary custody, and custody of the division, and the cost for legal
counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
ability of the parent or guardian.
(3) The notice described in Subsection (2) shall be personally served as soon as
possible, but no later than one business day after removal of the child from the child's home, or
the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
78A-6-106
(4), on:
(a) the appropriate guardian ad litem; and
(b) both parents and any guardian of the child, unless the parents or guardians cannot
be located.
(4) The following persons shall be present at the shelter hearing:
(a) the child, unless it would be detrimental for the child;
(b) the child's parents or guardian, unless the parents or guardian cannot be located, or
fail to appear in response to the notice;
(c) counsel for the parents, if one is requested;
(d) the child's guardian ad litem;
(e) the caseworker from the division who is assigned to the case; and
(f) the attorney from the attorney general's office who is representing the division.
(5) (a) At the shelter hearing, the court shall:
(i) provide an opportunity to provide relevant testimony to:
(A) the child's parent or guardian, if present; and
(B) any other person having relevant knowledge;
(ii) subject to Section 
78A-6-305
, provide an opportunity for the child to testify; and
(iii) in accordance with Subsections 
78A-6-307
(18)(c) through (e), grant preferential
consideration to a relative or friend for the temporary placement of the child.
(b) The court:
(i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
Procedure;
(ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
the requesting party, or their counsel; and
(iii) may in its discretion limit testimony and evidence to only that which goes to the
issues of removal and the child's need for continued protection.
(6) If the child is in the protective custody of the division, the division shall report to
the court:
(a) the reason why the child was removed from the parent's or guardian's custody;
(b) any services provided to the child and the child's family in an effort to prevent
removal;
(c) the need, if any, for continued shelter;
(d) the available services that could facilitate the return of the child to the custody of
the child's parent or guardian; and
(e) subject to Subsections 
78A-6-307
(18)(c) through (e), whether any relatives of the
child or friends of the child's parents may be able and willing to accept temporary placement of
the child.
(7) The court shall consider all relevant evidence provided by persons or entities
authorized to present relevant evidence pursuant to this section.
(8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
cause shown, the court may grant no more than one continuance, not to exceed five judicial
days.
(b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
a continuance under Subsection (8)(a).
(c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
described in Subsection (2) within the time described in Subsection (3), the court may grant the
request of a parent or guardian for a continuance, not to exceed five judicial days.
(9) (a) If the child is in the protective custody of the division, the court shall order that
the child be returned to the custody of the parent or guardian unless it finds, by a
preponderance of the evidence, consistent with the protections and requirements provided in
Subsection 
62A-4a-201
(1), that any one of the following exists:
(i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
safety of the child and the child's physical health or safety may not be protected without
removing the child from the custody of the child's parent;
(ii) (A) the child is suffering emotional damage that results in a serious impairment in
the child's growth, development, behavior, or psychological functioning;
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would sufficiently prevent future damage; and
(C) there are no reasonable means available by which the child's emotional health may
be protected without removing the child from the custody of the child's parent or guardian;
(iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
not removed from the custody of the child's parent or guardian;
(iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
household has been, or is considered to be at substantial risk of being, physically abused,
sexually abused, or sexually exploited by a:
(A) parent or guardian;
(B) member of the parent's household or the guardian's household; or
(C) person known to the parent or guardian;
(v) the parent or guardian is unwilling to have physical custody of the child;
(vi) the parent or guardian is unable to have physical custody of the child;
[
(vi)
] 
(vii)
 the child is without any provision for the child's support;
[
(vii)
] 
(viii)
 a parent who is incarcerated or institutionalized has not or cannot arrange
for safe and appropriate care for the child;
[
(viii)
] 
(ix)
 (A) a relative or other adult custodian with whom the child is left by the
parent or guardian is unwilling or unable to provide care or support for the child;
(B) the whereabouts of the parent or guardian are unknown; and
(C) reasonable efforts to locate the parent or guardian are unsuccessful;
[
(ix)
] 
(x)
 subject to Subsections 
78A-6-105
(40)(b) and 
78A-6-117
(2) and Section
78A-6-301.5
, the child is in immediate need of medical care;
[
(x)
] 
(xi)
 (A) the physical environment or the fact that the child is left unattended
beyond a reasonable period of time poses a threat to the child's health or safety; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would remove the threat;
[
(xi)
] 
(xii)
 (A) the child or a minor residing in the same household has been neglected;
and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would prevent the neglect;
[
(xii)
] 
(xiii)
 the parent, guardian, or an adult residing in the same household as the
parent or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug
Lab Act, and any clandestine laboratory operation was located in the residence or on the
property where the child resided;
[
(xiii)
] 
(xiv)
 (A) the child's welfare is substantially endangered; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would remove the danger; or
[
(xiv)
] 
(xv)
 the child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
established if:
(A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
involving the parent; and
(B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
(ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
allowed the child to be in the physical care of a person after the parent received actual notice
that the person physically abused, sexually abused, or sexually exploited the child, that fact
constitutes prima facie evidence that there is a substantial risk that the child will be physically
abused, sexually abused, or sexually exploited.
(10) (a) (i) The court shall also make a determination on the record as to whether
reasonable efforts were made to prevent or eliminate the need for removal of the child from the
child's home and whether there are available services that would prevent the need for continued
removal.
(ii) If the court finds that the child can be safely returned to the custody of the child's
parent or guardian through the provision of those services, the court shall place the child with
the child's parent or guardian and order that those services be provided by the division.
(b) In making the determination described in Subsection (10)(a), and in ordering and
providing services, the child's health, safety, and welfare shall be the paramount concern, in
accordance with federal law.
(11) Where the division's first contact with the family occurred during an emergency
situation in which the child could not safely remain at home, the court shall make a finding that
any lack of preplacement preventive efforts was appropriate.
(12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
abuse, or severe neglect are involved, neither the division nor the court has any duty to make
"reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
return a child to the child's home, provide reunification services, or attempt to rehabilitate the
offending parent or parents.
(13) The court may not order continued removal of a child solely on the basis of
educational neglect as defined in Section 
78A-6-105
, truancy, or failure to comply with a court
order to attend school.
(14) (a) Whenever a court orders continued removal of a child under this section, the
court shall state the facts on which that decision is based.
(b) If no continued removal is ordered and the child is returned home, the court shall
state the facts on which that decision is based.
(15) If the court finds that continued removal and temporary custody are necessary for
the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
regardless of:
(a) any error in the initial removal of the child;
(b) the failure of a party to comply with notice provisions; or
(c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
and Family Services.
Section 22. Section 
78A-6-317
 is amended to read:
78A-6-317.
All proceedings -- Persons entitled to be present -- Legal
representation -- Records sharing -- Admissibility of evidence.
(1) A child who is the subject of a juvenile court hearing, any person entitled to notice
pursuant to Section 
78A-6-306
 or 
78A-6-310
, preadoptive parents, foster parents, and any
relative providing care for the child, are:
(a) entitled to notice of, and to be present at, each hearing and proceeding held under
this part, including administrative reviews; and
(b) have a right to be heard at each hearing and proceeding described in Subsection
(1)(a).
(2) A child shall be represented at each hearing by the guardian ad litem appointed to
the child's case by the court. The child has a right to be present at each hearing, subject to the
discretion of the guardian ad litem or the court regarding any possible detriment to the child.
(3) (a) The parent or guardian of a child who is the subject of a petition under this part
has the right to be represented by counsel, and to present evidence, at each hearing.
(b) A court may appoint an indigent defense service provider as provided in
 Title
 78B,
Chapter 22, Indigent Defense Act.
(4) In every abuse, neglect, or dependency proceeding under this chapter, the court
shall order that the child be represented by a guardian ad litem, in accordance with Section
78A-6-902
. The guardian ad litem shall represent the best interest of the child, in accordance
with the requirements of that section, at the shelter hearing and at all subsequent court and
administrative proceedings, including any proceeding for termination of parental rights in
accordance with Part 5, Termination of Parental Rights Act.
(5) (a) Except as provided in Subsection (5)(b), and notwithstanding any other
provision of law:
(i) counsel for all parties to the action shall be given access to all records, maintained
by the division or any other state or local public agency, that are relevant to the abuse, neglect,
or dependency proceeding under this chapter; and
(ii) if the natural parent of a child is not represented by counsel, the natural parent shall
have access to the records described in Subsection (5)(a)(i).
(b) The disclosures described in Subsection (5)(a) are not required in the following
circumstances:
(i) subject to Subsection (5)(c), the division or other state or local public agency did not
originally create the record being requested;
(ii) disclosure of the record would jeopardize the life or physical safety of a child who
has been a victim of abuse or neglect, or any person who provided substitute care for the child;
(iii) disclosure of the record would jeopardize the anonymity of the person or persons
making the initial report of abuse or neglect or any others involved in the subsequent
investigation;
(iv) disclosure of the record would jeopardize the life or physical safety of an
individual who has been a victim of domestic violence; 
or
[
(v) the record is a report maintained in the Management Information System, for
which a finding of unsubstantiated, unsupported, or without merit has been made, unless the
person requesting the information is the alleged perpetrator in the report or counsel for the
alleged perpetrator in the report; or
]
[
(vi)
] 
(v)
 the record is a Children's Justice Center interview, including a video or audio
recording, and a transcript of the recording, the release of which is governed by Section
77-37-4
.
(c) If a disclosure is denied under Subsection (5)(b)(i), the division shall inform the
person making the request of the following:
(i) the existence of all records in the possession of the division or any other state or
local public agency;
(ii) the name and address of the person or agency that originally created the record; and
(iii) that the requesting person must seek access to the record from the person or
agency that originally created the record.
Section 23. Section 
78A-6-1503
 is amended to read:
78A-6-1503.
Requirements to apply to expunge an adjudication.
(1) (a) [
An
] 
Except as provided in Subsection (4), an
 individual who has been
adjudicated by a juvenile court may petition the court for an order to expunge the individual's
juvenile court record and any related records in the custody of an agency if:
(i) the individual has reached 18 years old; and
(ii) at least one year has passed from the date of:
(A) termination of the continuing jurisdiction of the juvenile court; or
(B) the individual's unconditional release from the custody of the Division of Juvenile
Justice Services if the individual was committed to a secure youth corrections facility.
(b) The court may waive the requirements in Subsection (1)(a) if the court finds, and
states on the record, the reason why the waiver is appropriate.
(c) The petitioner shall include in the petition described in Subsection (1)(a):
(i) any agency known or alleged to have any records related to the offense for which
expungement is being sought; and
(ii) the original criminal history report obtained from the Bureau of Criminal
Identification in accordance with Section 
53-10-108
.
(d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the
county attorney or, if within a prosecution district, the district attorney.
(e) (i) Upon the filing of a petition described in Subsection (1)(a), the court shall:
(A) set a date for a hearing;
(B) notify the county attorney or district attorney and the agency with custody of the
records at least 30 days before the day on which the hearing of the pendency of the petition is
scheduled; and
(C) notify the county attorney or district attorney and the agency with records that the
petitioner is asking the court to expunge of the date of the hearing.
(ii) (A) The court shall provide a victim with the opportunity to request notice of a
petition described in Subsection (1)(a).
(B) Upon the victim's request under Subsection (1)(e)(ii)(A), the victim shall receive
notice of the petition at least 30 days before the day on which the hearing is scheduled if,
before the day on which an expungement order is made, the victim or, in the case of a child or
an individual who is incapacitated or deceased, the victim's next of kin or authorized
representative submits a written and signed request for notice to the court in the judicial district
in which the offense occurred or judgment is entered.
(C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition
described in Subsection (1)(a) and any statutes and rules applicable to the petition.
(2) (a) At the hearing described in Subsection (1)(e)(i), the county attorney or district
attorney, a victim, and any other individual who may have relevant information about the
petitioner may testify.
(b) In deciding whether to grant a petition described in Subsection (1)(a) for
expungement, the court shall consider whether the rehabilitation of the petitioner has been
attained to the satisfaction of the court, including the petitioner's response to programs and
treatment, the petitioner's behavior subsequent to the adjudication, and the nature and
seriousness of the conduct.
(c) [
The
] 
(i) Except as provided in Subsection (2)(c)(ii), a
 court may order sealed all of
the petitioner's records under the control of the juvenile court and an agency or an official[
,
including any record contained in the Management Information System created in Section
62A-4a-1003
 and the Licensing Information System created in Section 
62A-4a-1005
,
] if the
court finds that:
[
(i)
] 
(A)
 the petitioner has not, in the five years preceding the day on which the petition
described in Subsection (1)(a) is filed, been convicted of a violent felony, as defined in Section
76-3-203.5
;
[
(ii)
] 
(B)
 there are no delinquency or criminal proceedings pending against the
petitioner; and
[
(iii)
] 
(C)
 a judgment for restitution entered by the court on the conviction for which
the expungement is sought has been satisfied.
(ii) A court may not order the Division of Child and Family Services to seal a
petitioner's record that is contained in the Management Information System created in Section
62A-4a-1003
 or the Licensing Information System created in Section 
62A-4a-1005
 unless:
(A) the record is unsupported; or
(B) after notice and an opportunity to be heard, the Division of Child and Family
Services stipulates in writing to sealing the record.
(3) (a) The petitioner is responsible for service of the expungement order issued under
Subsection (2) to any affected agency or official.
(b) To avoid destruction or sealing of the records in whole or in part, the agency or the
official receiving the expungement order described in Subsection (3)(a) shall only expunge all
references to the petitioner's name in the records pertaining to the petitioner's juvenile court
record.
(4) 
(a)
 The court may not expunge a record if the record contains an adjudication of:
[
(a)
] 
(i)
 Section 
76-5-202
, aggravated murder; or
[
(b)
] 
(ii)
 Section 
76-5-203
, murder.
(b) This section does not apply to an adjudication under Part 3, Abuse, Neglect, or
Dependency Proceedings, Part 5, Termination of Parental Rights Act, or Part 14, Restoration of
Parental Rights Act.
Section 24. 
 Coordinating S.B. 99 with H.B. 285 -- Technical and substantive
amendments.
If this S.B. 99 and H.B. 285, Juvenile Recodification, both pass and become law, the
Legislature intends that, on September 1, 2021, the Office of Legislative Research and General
Counsel shall prepare the Utah Code database for publication by amending Subsection
80-3-107(2)(b) to read:
"(b) The disclosures described in Subsection (2)(a) are not required if:
(i) subject to Subsection (2)(c), the division or other state or local public agency did not
originally create the record being requested;
(ii) disclosure of the record would jeopardize the life or physical safety of a child who
has been a victim of abuse or neglect, or any individual who provided substitute care for the
child;
(iii) disclosure of the record would jeopardize the anonymity of the individual making
the initial report of abuse or neglect or any others involved in the subsequent investigation;
(iv) disclosure of the record would jeopardize the life or physical safety of an
individual who has been a victim of domestic violence; or
(v) the record is a Children's Justice Center interview, including a video or audio
recording, and a transcript of the recording, the release of which is governed by Section
77-37-4."
.