DAR File No. 38059
This rule was published in the November 1, 2013, issue (Vol. 2013, No. 21) of the Utah State Bulletin.
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 ServicesJuvenile 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 [email protected]
- Janene Parry at the above address, by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at [email protected]
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
RULE TEXT
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
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20131101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]; Janene Parry at the above address, by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at [email protected].