Disclosure of Confidential Child Abuse and Neglect Records - Utah

Confidentiality of Records

Citation: Ann. Code §§ 62A-4a-412; 62A-4a-1003

Except as otherwise provided in this chapter, reports made under this part, as well as any other information in the possession of the Division of Child and Family Services within the Department of Human Services obtained as the result of a report, are private, protected, or controlled records.

The division shall develop and implement a Management Information System (MIS) that meets the requirements of this section and the requirements of Federal law and regulation. The information and records contained in the MIS are private, controlled, or protected records that are available only to a person or government entity with statutory authorization to review the information and records.

Persons or Entities Allowed Access to Records

Citation: Ann. Code §§ 62A-4a-412; 62A-4a-1003

The reports may only be made available to the following:

• A police or law enforcement agency investigating a report, including members of a child protection unit
• A physician who reasonably believes that a child may be abused or neglected
• An agency that has responsibility or authority to care for, treat, or supervise a child who is the subject of a report
• A provider that has a written contract with the division to render services to a child who is the subject of a report
• Any subject of the report, the natural parents of the child, and the guardian ad litem
• A court when it is necessary for the determination of an issue before it
• An office of the public prosecutor or its deputies in performing an official duty
• A person authorized by a Children's Justice Center
• A person engaged in bona fide research
• Any person identified in the report as a perpetrator or possible perpetrator of abuse or neglect
• A person filing a petition for a child protective order on behalf of a minor who is the subject of the report
• A licensed child-placing agency or person who is performing a preplacement adoptive evaluation
• An Indian Tribe to certify or license a foster home; render services to a subject of a report; or investigate an allegation of abuse, neglect, or dependency
• 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 pregnant woman or a parent of a newborn child, or the services described in § 62A-15-103(2)(o)

When the division makes a report or other information available to a subject of the report or a parent of a child, the division shall remove from the report only the names, addresses, and telephone numbers of individuals or specific information that could do any of the following:

• Identify the referent
• Impede a criminal investigation
• Endanger an individual's safety

A child-placing agency or person who receives a report in connection with a preplacement adoptive evaluation may do the following:

• Provide this report to the person who is the subject of the report
• Provide this report to a person who is performing a preplacement adoptive evaluation, to a licensed child-placing agency, or to an attorney seeking to facilitate an adoption

A member of a child protection team may, before the day on which the child is removed, share case-specific information obtained from the division under this section with other members of the child protection team.

The division may allow the division's contract providers, court clerks, the Office of Guardian Ad Litem, or an Indian Tribe to have limited access to the MIS, as follows:

• A 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.
• Designated court clerks may only have access to information necessary to comply with § 78B-7-202(2).
• The Office of Guardian Ad Litem may access only the information that relates to children and families for which the office is appointed by a court to represent the interests of the children.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

Citation: Ann. Code §§ 62A-4a-412; 62A-4a-1006

Reports and records may be made available to the State Board of Education, acting on behalf of itself or on behalf of a school district, for the purpose of evaluating whether an individual should be permitted to obtain or retain a license as an educator or serve as an employee or volunteer in a school. This disclosure is 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. The board must provide the subject of a report with an opportunity to respond to the report before making a decision concerning licensure or employment.

The division shall maintain the Licensing Information System (LIS) within MIS to be used for licensing purposes. The information in the LIS is accessible only to the following:

• The Office of Licensing within the department for licensing purposes
• The division for the following purposes:
  • To screen an individual at the request of the Office of Guardian Ad Litem as follows:
    • At the time that individual seeks a paid or voluntary position with the office
    • On an annual basis throughout the time that the individual remains with the office
  • To respond to a request for information from a person whose name is listed in the LIS
• Persons designated by the Department of Health for the following purposes:
  • Licensing a child care program or provider
  • Determining whether an individual associated with a child care program or provider has a supported finding of a severe type of child abuse or neglect
  • Determining whether an individual who is seeking an emergency medical services license has a supported finding of a severe type of child abuse or neglect
• Persons designated by the Department of Workforce Services for the purpose of qualifying child care providers