Utah Code Title 80. Utah Juvenile Code § 80-2-707. Supported finding of child abuse or neglect after division investigation--Notice to alleged perpetrator--Rights of alleged perpetrator--Administrative review--Joinder in juvenile court

(1)(a) Except as provided in Subsection (2), if, after investigation, the division makes a supported finding, the division shall send a notice of agency action to the alleged perpetrator.

(b) If the alleged perpetrator described in Subsection (1)(a) is under 18 years old, the division shall:

(c) This section does not affect:

(a) the division conducted an investigation regarding alleged abuse, neglect, or dependency;

(b) the division made a supported finding of abuse, neglect, or dependency;

(c) facts gathered by the division support the supported finding;

(d) the alleged perpetrator has the right to request:

(e) failure to request an opportunity to challenge the supported finding within 30 days after the day on which the notice is received will result in an unappealable supported finding of abuse, neglect, or dependency unless the alleged perpetrator can show good cause for why compliance within the 30-day requirement is virtually impossible or unreasonably burdensome.

(4)(a) Except as provided in Subsection (7), an alleged perpetrator may make a request to challenge a supported finding within 30 days after the day on which the alleged perpetrator receives a notice under this section.

(b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative Hearings shall hold an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.

(5)(a) In an adjudicative proceeding held under this section, the division has the burden of proving, by a preponderance of the evidence, that abuse, neglect, or dependency occurred and that the alleged perpetrator is substantially responsible for the abuse or neglect that occurred.

(b) Any party has the right of judicial review of final agency action, in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(c) A proceeding for judicial review of a final agency action under this section shall be closed to the public.

(d) The Judicial Council shall make rules that ensure the confidentiality of the proceeding described in Subsection (5)(c) and the records related to the proceedings.

(a) may not further challenge the finding; and

(b) shall have no right to:

(7)(a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a request under Subsection (4) to challenge a supported finding if a court of competent jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency that is the subject of the supported finding.

(b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.

(c) An adjudicative proceeding under Subsection (5) may be stayed during the time a judicial action on the same matter is pending.