Division and Child Welfare Records

Utah Code tit. 80, ch. 80-2, pt. 80-2-P10

in effect

Utah Code § 80-2-1001 Management Information System -- Contents -- Classification of records -- Access.

80-2-1001. Management Information System -- Contents -- Classification of records -- Access. (1) 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. (2) The 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 failed the child and family plan; and (iii) the exact length of time the child and family plan has been in effect; and (b) alert child welfare caseworkers regarding deadlines for completion of and compliance with policy, including child and family plans. (3) For a child welfare case, the Management Information System shall provide each child welfare caseworker and the Division of Licensing and Background Checks created in Section 26B-2-901, exclusively for the purposes of foster parent licensure and monitoring, with a complete history of each child in the child welfare caseworker's caseload, including: (a) a record of all past action taken by the division with regard to the 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 the child and the child's siblings; (c) the number of times the child has been in the protective custody, temporary custody, and 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 the child's parent 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 failed any child and family plan; and (g) the number of different child welfare caseworkers who have been assigned to the child in the past. (4) For 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) Information or a record contained in the Management Information System is: (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and (b) available only: (i) to a person or government entity with statutory authorization under Title 63G, Chapter 2, Government Records Access and Management Act, to review the information or record; (ii) to a person who has specific statutory authorization to access the information or record for the purpose of assisting the state with state or federal requirements to maintain information solely for the purpose of protecting minors and providing services to families in need; (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act: (A) to comply with abuse and neglect registry checks requested by other states; or (B) 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; (iv) to the department, upon the approval of the executive director of the department, on a need-to-know basis; (v) as provided in Subsection (6) or Section 80-2-1002; or (vi) to a citizen review panel for the purpose of fulfilling the panel's duties as described in Section 80-2-1101. (6) (a) The division may allow a division contract provider, court clerk designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or 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 the specific contract provider or Indian tribe. (c) A court clerk may only have access to information necessary to comply with Subsection 78B-7-202(2). (d) (i) The Office of Guardian Ad Litem may only access: (A) the information that is entered into the Management Information System on or after July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is appointed by a court to represent the interests of the child; or (B) any abuse or neglect referral about a child or family where the office has been appointed by a court to represent the interests of the child, regardless of the date that the information is entered into the Management Information System. (ii) The division may use the information in the Management Information System to screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the Office of Guardian Ad Litem. (e) A contract provider or designated representative of the Office of Guardian Ad Litem or an 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 under this chapter and under Title 63G, Chapter 2, Government Records Access and Management Act; and (B) the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper release of information; and (iii) monitor its employees to ensure that the employees protect the information contained in the Management Information System as required by law. (7) The division shall take: (a) 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; and (b) reasonable precautions to ensure that the division's contract providers comply with Subsection (6). Amended by Chapter 153, 2026 General Session

Utah Code § 80-2-1002 Licensing Information System -- Contents -- Classification of records -- Access -- Unlawful release -- Penalty.

80-2-1002. Licensing Information System -- Contents -- Classification of records -- Access -- Unlawful release -- Penalty. (1) (a) The division shall maintain a sub-part of the Management Information System as the Licensing Information System to be used: (i) for licensing purposes; or (ii) as otherwise provided by law. (b) Notwithstanding Subsection (1)(a), the department's access to information in the Management Information System for the licensure and monitoring of a foster parent is governed by Sections 80-2-1001 and 26B-2-121. (2) The Licensing Information System shall include only the following information: (a) the name and other identifying information of the alleged perpetrator in a supported finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator; (b) a notation to the effect that an investigation regarding the alleged perpetrator described in Subsection (2)(a) is pending; (c) the information described in Subsection (3); (d) consented-to supported findings by an alleged perpetrator under Subsection 80-2-708(3)(a)(iii); (e) a finding from the juvenile court under Section 80-3-404 or 80-3-504; and (f) the information in the licensing part of the division's Management Information System as of May 6, 2002. (3) Subject to Section 80-2-1003, upon receipt of a finding from the juvenile court under Section 80-3-404 or 80-3-504, the division shall: (a) promptly amend the Licensing Information System to include the finding; and (b) enter the finding in the Management Information System. (4) Information or a record contained in the Licensing Information System is: (a) a protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and (b) notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, accessible only: (i) to the Division of Licensing and Background Checks created in Section 26B-2-901: (A) for licensing purposes; or (B) as otherwise specifically provided for by law; (ii) to the division to: (A) screen an individual at the request of the Office of Guardian Ad Litem at the time the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and annually throughout the time that the individual remains with the Office of Guardian Ad Litem; and (B) respond to a request for information from an individual whose name is listed in the Licensing Information System; (iii) to a person designated by the Department of Health and Human Services, only for the following purposes: (A) licensing a child care program or provider; or (B) determining whether an individual associated with a child care facility, program, or provider, who is exempt from being licensed or certified by the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing, has a supported finding of a severe type of child abuse or neglect; (iv) to a person designated by the Department of Workforce Services and approved by the Department of Health and Human Services for the purpose of qualifying a child care provider under Section 35A-3-310.5; (v) to the Bureau of Emergency Medical Services, within the Department of Public Safety, in 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; (vi) as provided in Section 26B-2-121; or (vii) to the department or another person, as provided in this chapter. (5) A person designated by the Department of Health and Human Services, the Department of Workforce Services, or the Bureau of Emergency Medical Services under Subsection (4) shall adopt measures to: (a) protect the security of the Licensing Information System; and (b) strictly limit access to the Licensing Information System to persons allowed access by statute. (6) The department shall approve a person allowed access by statute to information or a record contained in the Licensing Information System and provide training to the person with respect to: (a) accessing the Licensing Information System; (b) maintaining strict security; and (c) the criminal provisions of Sections 63G-2-801 and 80-2-1005 pertaining to the improper release of information. (7) (a) Except as authorized by this chapter, a person may not request another person to obtain or release any other information in the Licensing Information System to screen for potential perpetrators of abuse or neglect. (b) A person who requests information knowing that the request is a violation of this Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801 and 80-2-1005. Amended by Chapter 153, 2026 General Session

Utah Code § 80-2-1003 Deletion, expungement, or notation of information or reports in Management Information System or Licensing Information System.

80-2-1003. Deletion, expungement, or notation of information or reports in Management Information System or Licensing Information System. (1) (a) The division shall delete any reference in the Management Information System or Licensing Information System to a report that: (i) the division determines is without merit, if no subsequent report involving the same alleged perpetrator occurs within one year after the day on which the division makes the determination; or (ii) a court of competent jurisdiction determines is unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator occurs within five years after the day on which the juvenile court makes the determination. (b) Except as provided in Subsection (1)(c), the information described in Subsections 80-2-1002(2)(a) and (b) shall remain in the Licensing Information System: (i) if the alleged perpetrator fails to take the action described in Subsection 80-2-708(3)(a) within 30 days after the day on which the notice described in Subsections 80-2-708(1)(a) and (2) is served; (ii) during the time that the division awaits a response from the alleged perpetrator under Subsection 80-2-708(3)(a); and (iii) 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. (c) Regardless of whether an appeal on the matter is pending: (i) the division shall remove the information described in Subsections 80-2-1002(2)(a) and (b) from the Licensing Information System if the severe type of child abuse or neglect upon which the Licensing Information System entry is based: (A) is found to be unsubstantiated or without merit by the juvenile court under Section 80-3-404 or 80-3-504; or (B) is found to be substantiated, but is subsequently reversed on appeal; and (ii) the division shall place back on the Licensing Information System an alleged perpetrator's name and information that is removed from the Licensing Information System under Subsection (1)(c)(i) if the court action that was the basis for removing the alleged perpetrator's name and information is subsequently reversed on appeal. (2) (a) The division shall maintain a separation of reports as follows: (i) those that are supported; (ii) those that are unsupported; (iii) those that are without merit; (iv) those that are unsubstantiated under the law in effect before May 6, 2002; (v) those that are substantiated under the law in effect before May 6, 2002; and (vi) those that are consented-to supported findings under Subsection 80-2-708(3)(a)(iii). (b) Only a person with statutory authority may access the information contained in a report described in Subsection (2)(a). (3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported reports or unsupported reports in the Management Information System and the Licensing Information System that: (a) in relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that the division: (i) shall expunge within five 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; (ii) 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; (iii) may expunge following an individual's request for expungement in accordance with Subsection (4); and (iv) may not expunge due to the serious nature of the specified types of child abuse or neglect; (b) establish an administrative process and a standard of review for the subject of a report to make an expungement request; and (c) define the term "expunge" or "expungement" to clarify the administrative process for removing a record from the information system. (4) (a) 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 under Subsection (3)(a)(iii), 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. (b) If an individual's expungement request is denied, the individual shall wait at least one year after the day on which the denial is issued before the individual may again request to have the individual's report expunged. Amended by Chapter 447, 2025 General Session

Utah Code § 80-2-1004 Request for division removal of name from Licensing Information System -- Petition for evidentiary hearing or substantiation.

80-2-1004. Request for division removal of name from Licensing Information System -- Petition for evidentiary hearing or substantiation. (1) Except as provided in Subsection (2), an individual whose name was listed on the Licensing Information System before May 6, 2002, may: (a) request, in writing, a review by the division of the individual's case and removal of the individual's name from the Licensing Information System under Subsection (3); or (b) file a petition for substantiation and a request for a finding of unsubstantiated or without merit in accordance with Section 80-3-504. (2) Subsection (1)(b) does not apply to an individual who has been the subject of any of the following court determinations with respect to the alleged incident of abuse or neglect: (a) conviction; (b) adjudication under Section 80-3-402 or 80-6-701; (c) plea of guilty; (d) plea of guilty with a mental condition; or (e) plea of no contest. (3) If an alleged perpetrator whose name was listed on the Licensing Information System before May 6, 2002, requests removal of the alleged perpetrator's name from the Licensing Information System, the division shall, within 30 days after the day on which the written request is made: (a) (i) review the case to determine whether the incident of alleged abuse or neglect qualifies as: (A) a severe type of child abuse or neglect; (B) chronic abuse; or (C) chronic neglect; and (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from the Licensing Information System; or (b) determine whether to file a petition for substantiation in accordance with Section 80-3-504. Amended by Chapter 447, 2025 General Session

Utah Code § 80-2-1005 Classification of reports of alleged abuse or neglect -- Confidential identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful release and use -- Penalty.

80-2-1005. Classification of reports of alleged abuse or neglect -- Confidential identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful release and use -- Penalty. (1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and any other information in the possession of the division obtained as a result of the report is a private, protected, or controlled record 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 team; (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) the subject of the report, the parents of the child, an individual who has been awarded permanent custody and guardianship 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, if 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 an individual's acts or omissions constituted any level of abuse or neglect of another individual; (g) an office of the public prosecutor or the public prosecutor's 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 Individual, and with the understanding that the office shall 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 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) 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 81-13-403 and 81-13-405; (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; (o) the department or a local substance abuse authority, described in Section 17-77-201, 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 26B-5-102(2)(mm); or (p) an investigator with the Division of Professional Licensing to investigate reported licensing violations related to child abuse or neglect. (2) In accordance with Section 80-2-608 and except as provided in Section 80-2-611, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under Part 6, Child Abuse and Neglect Reports, and any other person involved in the division's or law enforcement agency's subsequent investigation of the report. (3) Notwithstanding any other provision of law, excluding Section 80-3-107, but including this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G, Chapter 2, Government Records Access and Management Act, if 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: (a) identify the referent; (b) impede a criminal investigation; or (c) endanger an individual's safety. (4) A child-placing agency or person who receives a report from the division under Subsection (1)(m) may provide the report to: (a) the subject of the report; (b) a person who is performing a preplacement adoptive evaluation in accordance with Sections 81-13-403 and 81-13-405; (c) a licensed child-placing agency; or (d) an attorney seeking to facilitate an adoption. (5) 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. (6) (a) Except as provided in Subsection (6)(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 (6)(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 (6)(b)(i), the court may receive the report into evidence upon a finding on the record of good cause. (7) (a) A person may not: (i) willfully permit, or aid and abet, the release of data or information in the possession of the division or contained in the Management Information System in violation of this part or Part 6, Child Abuse and Neglect Reports; or (ii) if the person is not listed in Subsection (1), request another person to obtain or release a report or other information that the other person obtained under Subsection (1)(k) to screen for potential perpetrators of abuse or neglect. (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii) knowing the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C misdemeanor. Amended by Chapter 54, 2026 General Session

Utah Code § 80-2-1006 Sharing of records with Indian tribe under agreement.

80-2-1006. Sharing of records with Indian tribe under agreement. If the division has a privacy agreement with an Indian tribe to protect the confidentiality of division records regarding an Indian child to the same extent that the division is required to protect other division records, the division shall cooperate with and share all appropriate information in the division's possession regarding an Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child with the Indian tribe that is affiliated with the Indian child. Enacted by Chapter 334, 2022 General Session

Utah Code § 80-2-1007 Request to examine division services payment -- Access to related records -- Unlawful use -- Penalty.

80-2-1007. Request to examine division services payment -- Access to related records -- Unlawful use -- Penalty. (1) (a) An individual who is a taxpayer and resident of this state and who desires to examine a payment for services offered by the division in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall sign a statement using a form prescribed by the division that includes: (i) an assertion that the individual is a taxpayer and a resident of the state; and (ii) a commitment that any information obtained will not be used for commercial or political purposes. (b) An individual may not make a partial or complete list of names, addresses, or amounts of payment under Subsection (1)(a) or remove information regarding names, addresses, or amounts of payment under Subsection (1)(a) from an office of the division. (2) The division shall: (a) after due consideration of the public interest, define the nature of confidential information to be safeguarded by the division; and (b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (i) govern the custody and disclosure of the confidential information; and (ii) provide access to information regarding payments for services offered by the division. (3) This section does not prohibit: (a) the division or an agent of the division, or an individual, commission, or agency duly authorized for the purpose, from making a special study or issuing or publishing statistical material or a report of a general character; or (b) the division or a division representative or employee from conveying or providing to a local, state, or federal governmental agency written information that would affect an individual's eligibility or ineligibility for financial service, or other beneficial program offered by the governmental agency. (4) A person may access a division program plan, policy, or record, including a consumer record or data, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (5) A person who violates this section is guilty of a class B misdemeanor. Renumbered and Amended by Chapter 334, 2022 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter2/80-2-P10.html?v=C80-2-P10_2022050420220901Fetched: 10/26/2026