Section 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:
  • (a) serve notice of the supported finding on the alleged perpetrator;
  • (b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the Licensing Information System; and
  • (c) if the division considers it advisable, file a petition for substantiation within one year after the day on which the division makes the supported finding.

• (2) The notice described in Subsection (1)(a):
  • (a) shall state that:
    • (i) the division conducted an investigation regarding alleged abuse or neglect;
    • (ii) the division made a supported finding that the alleged perpetrator described in Subsection (1) committed a severe type of child abuse or neglect;
    • (iii) facts gathered by the division support the supported finding;
    • (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);
    • (v) the alleged perpetrator may be disqualified from adopting a child, receiving state funds as a child care provider, or being licensed by:
      • (A) the department;
      • (B) a human services licensee;
      • (C) a child care provider or program; or
      • (D) a covered health care facility;
    • (vi) the alleged perpetrator has the rights described in Subsection (3); and
    • (vii) failure to take the action described in Subsection (3)(a) within one year after the day on which the notice is served will result in the action described in Subsection (3)(b);
  • (b) shall include a general statement of the nature of the supported finding; and
  • (c) may not include:
    • (i) the name of a victim or witness; or
    • (ii) any privacy information related to the victim or a witness.

• (3)
  • (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator has the right to:
    • (i) file a written request asking the division to review the supported finding made under Subsection (1);
    • (ii) except as provided in Subsection (3)(b), immediately petition the juvenile court under Section 80-3-404; or
    • (iii) sign a written consent to:
      • (A) the supported finding made under Subsection (1); and
      • (B) entry into the Licensing Information System of the alleged perpetrator’s name and other information regarding the supported finding made under Subsection (1).
  • (b) The alleged perpetrator has no right to petition the juvenile court under Subsection (3)(a)(ii) 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, as defined in Section 80-3-102, by another party.
  • (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):
  • (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4; and
  • (b) does not preclude civil or criminal action against the alleged perpetrator.

Renumbered and Amended by Chapter 334, 2022 General Session