DAR File No. 38059

Human Services, Juvenile Justice Services

Rule R547-12

Division of Juvenile Justice Services Classification of Records

Notice of Proposed Rule

(Amendment)

DAR File No.: 38059
Filed: 10/10/2013 04:16:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The administrative rule is updated to clarify the classification of youth records.

Summary of the rule or change:

Clarification on what is classified as protected or controlled information.

State statutory or constitutional authorization for this rule:

• Section 62G-2-302
• Title 62A, Chapter 7
• Section 63G-2-304
• Section 63G-2-305

Anticipated cost or savings to:

the state budget:

None--The changes are for clarification only.

local governments:

None--The changes are for clarification only.

small businesses:

None--The changes are for clarification only.

persons other than small businesses, businesses, or local governmental entities:

None--The changes are for clarification only.

Compliance costs for affected persons:

None--The changes are for clarification only.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Juvenile Justice Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov
• Janene Parry at the above address, by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Susan Burke, Director

R547. Human Services, Juvenile Justice Services.

R547-12. Division of Juvenile Justice Services Classification of Records.

R547-12-1. Authority.

Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules.

 

R547-12-2. Division of Juvenile Justice Services Classification of Records.

(1) The following classification scheme applies to the youth records of the Division of Juvenile Justice Services:

(a) Quality Service Review Case Studies and Reports are classified as protected information.

[(a) Medical](b) Plethysmograph, psychological, and psychiatric reports are classified as controlled information. Other records produced by the Division of Juvenile Justice Services or its contractors are controlled if the agency reasonably believes that releasing the information in the record would be detrimental to the subject's mental health or to the safety of any individual[.], or if releasing the information would constitute a violation of normal professional and medical ethics.

[(b)](c) Progress reports, quarterly reports, reports to the Court, Parole Board reports, and correspondence are classified as private information, as are all other records in the case file that originate with the Division.

[(c)](d) Police reports, juvenile court legal and social information, school reports, and all other documents generated by agencies other than Juvenile Justice Services shall retain the classification assigned to them by the agency from which they were received.

 

KEY: juvenile corrections

Date of Enactment or Last Substantive Amendment: [November 12, 2008]2013

Notice of Continuation: May 1, 2012

Authorizing, and Implemented or Interpreted Law: 62A-7; 63G-2-101