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Utah Code Title 62A. Utah Human Services Code § 62A-4a-1008. Time frames for deletion or expungement of specified information or reports

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) The division shall delete any reference in the Management Information System or Licensing Information System to:

(a) a report that is determined by the division to be without merit, if no subsequent report involving the same alleged perpetrator has occurred within one year;  or

(b) a report that is determined by a court of competent jurisdiction to be unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator has occurred within five years.

(2) The division shall maintain a separation of reports as follows:

(a) those that are supported;

(b) those that are unsupported;

(c) those that are without merit;

(d) those that are unsubstantiated under the law in effect before May 6, 2002;

(e) those that are substantiated under the law in effect before May 6, 2002;  and

(f) those that are consented-to supported findings under Subsection 62A-4a-1005(3)(a)(iii).

(3) On or before May 1, 2018, 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.

(4) The rules described in Subsection (3) shall:

(a) in relation to an unsupported report or a supported report, identify the types of child abuse or neglect reports that:

(i) the division shall expunge within five years after the last date on which the individual's name was placed in the information system, without requiring the subject of the report to request expungement;

(ii) the division shall expunge within 10 years after the last date on which the individual's name was placed in the information system, without requiring the subject of the report to request expungement;

(iii) the division may expunge following an individual's request for expungement;  and

(iv) the division 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.

(5) If an individual's name is in the information system for a type of child abuse or neglect report identified under Subsection (4)(a)(iii), the individual may request to have the report expunged 10 years after the last date on which the individual's name was placed in the information system for a supported or unsupported report.

(6) If an individual's expungement request is denied, the individual shall wait at least one year after the issuance of the denial before the individual may again request to have the individual's report expunged.

(7) Only persons with statutory authority may access the information contained in any of the reports identified in Subsection (2).

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Cite this article: FindLaw.com - Utah Code Title 62A. Utah Human Services Code § 62A-4a-1008. Time frames for deletion or expungement of specified information or reports - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-62a-utah-human-services-code/ut-code-sect-62a-4a-1008/

Read this complete Utah Code Title 62A. Utah Human Services Code § 62A-4a-1008. Time frames for deletion or expungement of specified information or reports on Westlaw

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