Review and Expunction of Central Registries and Reporting Records - Utah
Right of the Reported Person to Review and Challenge Records
Citation: Ann. Code § 62A-4a-1009
The Division of Child and Family Services shall send a notice of agency action to a person about whom the division has made a supported finding. The notice shall state that:
- The division has conducted an investigation regarding alleged child abuse, neglect, or dependency.
- The division has made a supported finding of abuse, neglect, or dependency.
- Facts gathered by the division support the supported finding.
- The person has the right to request a copy of the report and an opportunity to challenge the supported finding.
- Failure to request an opportunity to challenge the supported finding within 30 days of receiving the notice will result in an unappealable supported finding of child abuse, neglect, or dependency unless the person can show good cause why compliance within the 30-day requirement was virtually impossible or unreasonably burdensome.
A person may make a request to challenge a supported finding within 30 days of a notice being received. Upon receipt of a request, the Office of Administrative Hearings shall hold an adjudicative proceeding pursuant to the Administrative Procedures Act.
In an adjudicative proceeding, the division shall have the burden of proving, by a preponderance of evidence, that there is a reasonable basis to conclude that child abuse, neglect, or dependency occurred and that the alleged perpetrator was substantially responsible for the abuse or neglect that occurred.
Any party shall have the right of judicial review of final agency action.
Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving notice, fails to challenge a supported finding may not further challenge the finding and shall have no right to agency review, an adjudicative hearing, or judicial review of the finding.
An alleged perpetrator may not make a request to challenge a supported finding if a court of competent jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency that was also the subject of the supported finding.
An adjudicative proceeding may be stayed during the time a judicial action on the same matter is pending.
When Records Must Be Expunged
Citation: Ann. Code § 62A-4a-1008
The division shall delete any reference in the management information system to a report that is:
- Determined by the division to be without merit, if no subsequent report involving the same person has occurred, within 1 year
- Determined by a court to be unsubstantiated or without merit, if no subsequent report involving the same person has occurred, within 5 years
On or before May 1, 2018, the division shall make rules for the expunction of supported reports or unsupported reports in the management information system. The rules shall:
- In relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that the division:
- Shall expunge within 5 years after the last date on which the person's name was placed in the information system, without requiring the subject of the report to request expunction
- Shall expunge within 10 years after the last date on which the person's name was placed in the information system, without requiring the subject of the report to request expunction
- May expunge following a person's request for expunction
- May not expunge due to the serious nature of the specified types of child abuse or neglect
- Establish an administrative process and a standard of review for the subject of a report to make an expunction request
If a person's name is in the information system for a type of serious child abuse or neglect report, the person may request to have the report expunged 10 years after the last date on which the person's name was placed in the information system for a supported or unsupported report. If a person's expunction request is denied, the person shall wait at least 1 year after the issuance of the denial before the person may again request to have the person's report expunged.