Review and Expunction of Central Registries and Reporting Records - Utah

Right of the Reported Person to Review and Challenge Records
Citation: Ann. Code §§ 80-2-707; 80-12-708

If, after investigation, the Division of Child and Family Services makes a supported finding, the division shall send a notice of agency action to the alleged perpetrator. The notice shall state the following:

• The division conducted an investigation regarding alleged abuse, neglect, or dependency.
• The division made a supported finding of abuse, neglect, or dependency.
• Facts gathered by the division support the supported finding.
• The alleged perpetrator has the right to request a copy of the report and an opportunity to challenge the supported finding by the division.

Failure to request an opportunity to challenge the supported finding within 30 days after the notice is received will result in an unappealable supported finding of abuse, neglect, or dependency unless the alleged perpetrator can show good cause for why compliance within the 30-day requirement is virtually impossible or unreasonably burdensome.

An alleged perpetrator may make a request to challenge a supported finding within 30 days after the day on which the alleged perpetrator receives notice. Upon receipt of a request, the Office of Administrative Hearings shall hold an adjudicative proceeding.

In an adjudicative proceeding, the division has the burden of proving, by a preponderance of the evidence, that abuse, neglect, or dependency occurred and that the alleged perpetrator is substantially responsible for the abuse or neglect that occurred. Any party has the right to judicial review of final agency action.

An alleged perpetrator who, after receiving notice, fails to challenge a supported finding in accordance with this section may not further challenge the finding and shall have no right to agency review of the finding, an adjudicative hearing on the finding, 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 is the subject of the supported finding.

If, after investigation, the division makes a supported finding that an individual committed a severe type of child abuse or neglect, the division shall do the following:

• Serve notice of the supported finding on the alleged perpetrator
• Enter the information about the alleged perpetrator into the licensing information system
• If the division considers it advisable, file a petition for substantiation within 1 year after the division makes the supported finding

The notice shall state the following:

• The division conducted an investigation regarding alleged abuse or neglect.
• The division made a supported finding that the alleged perpetrator committed a severe type of child abuse or neglect.
• Facts gathered by the division support the supported finding.
• As a result of the supported finding, the alleged perpetrator's name and other identifying information have been listed in the licensing information system. 
• The alleged perpetrator may be disqualified from adopting a child, receiving State funds as a child care provider, or being licensed by the department, a human services licensee, a child care provider or program, or a covered health-care facility.
• The alleged perpetrator has the right to request a review of the decision.
• Failure to take action within 1 year after receiving notice will result in losing the right to review.

The notice shall include a general statement of the nature of the supported finding and may not include the name of a victim or witness or any privacy information related to the victim or a witness.

Upon receipt of the notice, the alleged perpetrator has the right to do the following:

• File a written request asking the division to review the supported finding 
• Immediately petition the juvenile court for a hearing
• Sign a written consent to the supported finding and entry into the licensing information system of the alleged perpetrator's name and other information regarding the supported finding 

The alleged perpetrator has no right to petition the juvenile court if the juvenile court previously held a hearing on the same alleged incident of abuse or neglect after the filing of an abuse, neglect, or dependency petition by another party.

When Records Must Be Expunged
Citation: Ann. Code § 80-2-1003

The division shall delete any reference in the management information system to a report that is either of the following:

• 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 

Information identifying the alleged perpetrator (as described in § 80-2-1002) shall remain in the licensing information system, as follows:

• If the alleged perpetrator fails to take the action described in § 80-2-798 within 1 year after receiving notice of a finding of a severe type of child abuse or neglect
• During the time that the division awaits a response from the alleged perpetrator 
• Until a juvenile court determines that the severe type of child abuse or neglect upon which the licensing information system entry was based is unsubstantiated or without merit

Regardless of whether an appeal on the matter is pending, the division shall remove the information about the alleged perpetrator from the licensing information system if either of the following apply to the severe type of child abuse or neglect upon which the licensing information system entry is based:

• The informationis found to be unsubstantiated or without merit by the juvenile court under § 80-3-404.
• The information is found to be substantiated but is subsequently reversed on appeal.

The division shall place back on the licensing information system an alleged perpetrator's name and information if the court action that was the basis for removing the alleged perpetrator's name and information is subsequently reversed on appeal.

The division shall make rules for the expungement of supported reports or unsupported reports in the management information system and the licensing information system, as follows:

• In relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that the division shall handle as follows:
  • Shall expunge within 5 years after the last date on which the individual's name is placed in the information system, without requiring the subject of the report to request expungement
  • Shall expunge within 10 years after the last date on which the individual's name is placed in the information system, without requiring the subject of the report to request expungement
  • May expunge following an individual's request for expungement 
  • 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 expungement request

If an individual's name is in the management information system or licensing information system for a type of child abuse or neglect report identified as being without merit, the individual may request to have the report expunged 10 years after the last date on which the individual's name is placed in the information system for a supported or unsupported report.

If an individual's expungement request is denied, the individual shall wait at least 1 year after the day on which the denial is issued before the individual may again request to have the individual's report expunged.