62A-4a-1010 - Notice and opportunity for court hearing for persons listed in Licensing Information System.
62A-4a-1010. Notice and opportunity for court hearing for persons listed inLicensing Information System.
(1) Persons whose names were listed on the Licensing Information System as of May 6,2002 and who have not been the subject of a court determination with respect to the allegedincident of abuse or neglect may at any time:
(a) request review by the division of their case and removal of their name from theLicensing Information System pursuant to Subsection (3); or
(b) file a petition for an evidentiary hearing and a request for a finding of unsubstantiatedor without merit.
(2) Subsection (1) does not apply to an individual who has been the subject of any of thefollowing court determinations with respect to the alleged incident of abuse or neglect:
(a) conviction;
(b) adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996;
(c) plea of guilty;
(d) plea of guilty and mentally ill; or
(e) no contest.
(3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,2002 requests removal of the alleged perpetrator's name from the Licensing Information System,the division shall, within 30 days:
(a) (i) review the case to determine whether the incident of alleged abuse or neglectqualifies as:
(A) a severe type of child abuse or neglect;
(B) chronic abuse; or
(C) chronic neglect; and
(ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect describedin Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from theLicensing Information System; or
(b) determine whether to file a petition for substantiation.
(4) If the division decides to file a petition, that petition must be filed no more than 14days after the decision.
(5) The juvenile court shall act on the petition as provided in Subsection 78A-6-323(3).
(6) If a person whose name appears on the Licensing Information System prior to May 6,2002 files a petition pursuant to Section 78A-6-323 during the time that an alleged perpetrator'sapplication for clearance to work with children or vulnerable adults is pending, the court shallhear the matter on an expedited basis.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 299, 2008 General Session