{"data":{"id":"us-ut/utah-code-26b-2-121","jurisdiction":"us-ut","citation":"Utah Code § 26B-2-121","heading":"Access to abuse and neglect information.","body":"(1) As used in this section:\n(a) \"Direct service worker\" means the same as that term is defined in Section 26B-6-401.\n(b) \"Personal care attendant\" means the same as that term is defined in Section 26B-6-101.\n(2) With respect to a licensee, a direct service worker, or a personal care attendant, the department may access only the Licensing Information System of the Division of Child and Family Services created by Section 80-2-1002 and juvenile court records under Subsection 80-3-404(4) or 80-3-504(6), for the purpose of:\n(a)\n(i) determining whether a person associated with a licensee, with direct access to children:\n(A) is listed in the Licensing Information System; or\n(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Section 80-3-404 or 80-3-504; and\n(ii) informing a licensee that a person associated with the licensee:\n(A) is listed in the Licensing Information System; or\n(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Section 80-3-404 or 80-3-504;\n(b)\n(i) determining whether a direct service worker:\n(A) is listed in the Licensing Information System; or\n(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Section 80-3-404 or 80-3-504; and\n(ii) informing a direct service worker or the direct service worker's employer that the direct service worker:\n(A) is listed in the Licensing Information System; or\n(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Section 80-3-404 or 80-3-504; or\n(c)\n(i) determining whether a personal care attendant:\n(A) is listed in the Licensing Information System; or\n(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Section 80-3-404 or 80-3-504; and\n(ii) informing a person described in Subsections 26B-6-101(9)(a)(i) through (iv) that a personal care attendant:\n(A) is listed in the Licensing Information System; or\n(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Section 80-3-404 or 80-3-504.\n(3) Notwithstanding Subsection (2), the department may access the Division of Child and Family Services' Management Information System under Section 80-2-1001:\n(a) for the purpose of licensing and monitoring foster parents;\n(b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and\n(c) for the purpose described in Section 26B-1-211.\n(4) The department shall receive and process personal identifying information under Subsection 26B-2-120(1) for the purposes described in Subsection (2).\n(5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with this part, defining the circumstances under which a person may have direct access or provide services to children when:\n(a) the person is listed in the Licensing Information System of the Division of Child and Family Services created by Section 80-2-1002; or\n(b) juvenile court records show that a court made a substantiated finding under Section 80-3-404 or 80-3-504, that the person committed a severe type of child abuse or neglect.","path":["Title 26B Utah Health and Human Services Code","Chapter 26B-2 Licensing and Certifications","Part 26B-2-1 Human Services Programs and Facilities"],"source_url":"https://le.utah.gov/xcode/Title26B/Chapter2/26B-2-S121.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"bb88fba7e2ea09756cae53b8ef6bda11ec2c708cac9bc4343b4f1d6f6d5ce18a","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-26b-2-120","next":"us-ut/utah-code-26b-2-122"},"notice":"GroundRules: Original legal text. Not legal advice."}