State Codes and Statutes

Statutes > Utah > Title-78a > Chapter-06 > 78a-6-323

78A-6-323. Additional finding at adjudication hearing -- Petition -- Court records.
(1) Upon the filing with the court of a petition under Section 78A-6-304 by the Divisionof Child and Family Services or any interested person informing the court, among other things,that the division has made a supported finding that a person committed a severe type of childabuse or neglect as defined in Section 62A-4a-1002, the court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The judicial finding under Subsection (1) shall be made:
(a) as part of the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
(c) as part of a court order entered pursuant to a written stipulation of the parties.
(3) (a) Any person described in Subsection 62A-4a-1010(1) may at any time file with thecourt a petition for removal of the person's name from the Licensing Information System.
(b) At the conclusion of the hearing on the petition, the court shall:
(i) make a finding of substantiated, unsubstantiated, or without merit;
(ii) include the finding described in Subsection (1)(a) in a written order; and
(iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(4) A proceeding for adjudication of a supported finding under this section of a type ofabuse or neglect that does not constitute a severe type of child abuse or neglect may be joined inthe juvenile court with an adjudication of a severe type of child abuse or neglect.
(5) If a person whose name appears on the Licensing Information system prior to May 6,2002 files a petition during the time that an alleged perpetrator's application for clearance to workwith children or vulnerable adults is pending, the court shall hear the matter and enter a finaldecision no later than 60 days after the filing of the petition.
(6) For the purposes of licensing under Sections 26-21-9.5, 26-39-402, 62A-1-118, andfor the purposes described in Section 62A-2-121:
(a) the court shall make available records of its findings under Subsections (1) and (2) forlicensing purposes, only to those with statutory authority to access also the Licensing InformationSystem created under Section 62A-4a-1006; and
(b) any appellate court shall make available court records of appeals from juvenile courtdecisions under Subsections (1), (2), (3), and (4) for licensing purposes, only to those withstatutory authority to access also the Licensing Information System.

Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 111, 2008 General Session