Section 312 – Access to information in database.

Effective 5/4/2022
62A-3-312. Access to information in database.
The database and the adult protection case file:

• (1) shall be made available to law enforcement agencies, the attorney general’s office, city attorneys, the Division of Professional Licensing, and county or district attorney’s offices;

• (2) shall be released as required under Subsection 63G-2-202(4)(c); and

• (3) may be made available, at the discretion of the division, to:
  • (a) subjects of a report as follows:
    • (i) a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or that adult’s attorney or legal guardian; and
    • (ii) a person identified in a report as having abused, neglected, or exploited a vulnerable adult, or that person’s attorney; and
  • (b) persons involved in an evaluation or assessment of the vulnerable adult as follows:
    • (i) an employee or contractor of the department who is responsible for the evaluation or assessment of an adult protection case file;
    • (ii) a multidisciplinary team approved by the division to assist Adult Protective Services in the evaluation, assessment, and disposition of a vulnerable adult case;
    • (iii) an authorized person or agency providing services to, or responsible for, the care, treatment, assessment, or supervision of a vulnerable adult named in the report as a victim, when in the opinion of the division, that information will assist in the protection of, or provide other benefits to, the victim;
    • (iv) a licensing authority for a facility, program, or person providing care to a victim named in a report; and
    • (v) legally authorized protection and advocacy agencies when they represent a victim or have been requested by the division to assist on a case, including:
      • (A) the Office of Public Guardian, created in Section 62A-14-103; and
      • (B) the Long-Term Care Ombudsman Program, created in Section 62A-3-203.

Amended by Chapter 415, 2022 General Session