§ 80-2-708 — Supported finding of a severe type of child abuse or neglect after division investigation -- Notation in Licensing Information System -- Juvenile court petition or notice to alleged perpetrator -- Rights of alleged perpetrator.

(1) If, after investigation, the division makes a supported finding that an individual committed a severe type of child abuse or neglect, the division shall:
(1)(a) serve notice of the supported finding on the alleged perpetrator in accordance with Subsection (4);
(1)(b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the Licensing Information System; and
(1)(c) if the division considers it advisable, file a petition for substantiation in accordance with Section 80-3-504 within 30 days after the day on which the division makes the supported finding.
(2) The notice described in Subsection (1)(a):
(2)(a) shall state that:
(2)(a)(i) the division conducted an investigation regarding alleged abuse or neglect;
(2)(a)(ii) the division made a supported finding that the alleged perpetrator described in Subsection (1) committed a severe type of child abuse or neglect;
(2)(a)(iii) facts gathered by the division support the supported finding;
(2)(a)(iv) as a result of the supported finding, the alleged perpetrator's name and other identifying information have been listed in the Licensing Information System in accordance with Subsection (1)(b);
(2)(a)(v) the alleged perpetrator may be disqualified from adopting a child, receiving state funds as a child care provider, or being licensed by:
(2)(a)(v)(A) the department;
(2)(a)(v)(B) a human services licensee;
(2)(a)(v)(C) a child care provider or program; or
(2)(a)(v)(D) a covered health care facility;
(2)(a)(vi) the alleged perpetrator has the rights described in Subsection (3); and
(2)(a)(vii) failure to take the action described in Subsection (3)(a) within 30 days after the day on which the notice is served will result in the action described in Subsection (3)(b);
(2)(b) shall include a general statement of the nature of the supported finding; and
(2)(c) may not include:
(2)(c)(i) the name of a victim or witness; or
(2)(c)(ii) any privacy information related to the victim or a witness.
(3) (3)(a) Within 30 days after the day on which the alleged perpetrator receives the notice described in Subsections (1)(a) and (2), the alleged perpetrator has the right to:
(3)(a)(i) file a written request asking the division to review the supported finding made under Subsection (1);
(3)(a)(ii) except as provided in Subsection (3)(b), petition the juvenile court for a finding of unsubstantiated or without merit in accordance with Section 80-3-504; or
(3)(a)(iii) sign a written consent to:
(3)(a)(iii)(A) the supported finding made under Subsection (1); and
(3)(a)(iii)(B) entry into the Licensing Information System of the alleged perpetrator's name and other information regarding the supported finding made under Subsection (1).
(3)(b) The alleged perpetrator has no right to petition the juvenile court under Subsection (3)(a)(ii) if the alleged perpetrator:
(3)(b)(i) files the petition more than 30 days after the day on which the alleged perpetrator receives the notice described in Subsections (1)(a) and (2); or
(3)(b)(ii) has been the subject of any of the following court determinations with respect to the alleged incident of abuse or neglect:
(3)(b)(ii)(A) conviction;
(3)(b)(ii)(B) adjudication under Section 80-3-402 or 80-6-701;
(3)(b)(ii)(C) plea of guilty;
(3)(b)(ii)(D) plea of guilty with a mental condition; or
(3)(b)(ii)(E) plea of no contest.
(3)(c) The child's parent or guardian shall give the consent for a child under Subsection (3)(a)(iii).
(4) Service of the notice described in Subsections (1)(a) and (2):
(4)(a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4; and
(4)(b) does not preclude civil or criminal action against the alleged perpetrator.

Legislative History

Amended by Chapter 447, 2025 General Session