DAR File No. 44079

Human Services, Child and Family Services

Rule R512-76

Expungement of DCFS Allegations

Notice of Proposed Rule

(Amendment)

DAR File No.: 44079
Filed: 09/16/2019 10:16:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed in response to H.B. 431 passed in the 2019 General Session.

Summary of the rule or change:

The proposed changes to this rule bring the rule in-line with H.B. 431 (2019).

Statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-1008

Anticipated cost or savings to:

the state budget:

The proposed changes to this rule are not expected to have any fiscal impacts on state government revenues or expenditures as the revised language brings this rule current to language in H.B. 431 (2019).

local governments:

There is little or no impact to local governments due to these rule changes. These revisions bring this rule in-line with H.B. 431 (2019).

small businesses:

There is little or no impact to small businesses due to these rule modifications. These revisions bring the rule in-line with H.B. 431 (2019).

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

There is little or no impact to other persons due to revisions made to this rule. These revisions bring the rule in-line with H.B. 431 (2019).

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing these rule changes because these changes are not fiscal in nature.

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

After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses because this rule implements an internal procedure for sealing Division of Child and Family Services records that is expected to have no costs for businesses and only minimal, unquantifiable potential savings.

Ann Williamson, Executive Director

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

Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@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:

10/31/2019

This rule may become effective on:

11/07/2019

Authorized by:

Diane Moore, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact for non-small businesses because non-small businesses have no responsibility for services offered by the Division of Child and Family Services and are therefore not affected by this rule and will have no fiscal impact.

 

The head of the Department of Human Services, Ann Williamson, has reviewed and approved this fiscal analysis.

 

 

R512. Human Services, Child and Family Services.

R512-76. Expungement of DCFS Allegations.

R512-76-1. Purpose and Authority.

(1) The purpose of this rule is to define the criteria for the expungement of an allegation associated with an individual who is identified as a perpetrator or alleged perpetrator in the Management Information System (MIS) and the Licensing Information System (LIS).

(2) This rule is authorized by Sections 62A-4a-102 and 62A-4a-1008.

 

R512-76-2. Definitions.

(1) "CPS" means Child Protective Services.

(2) "DCFS" means the Division of Child and Family Services.

(3) "Expungement" means to seal an allegation associated with an individual identified as a perpetrator or alleged perpetrator that meets the criteria for expungement.

(4) "LIS" means the Licensing Information System as described in Section 62A-4a-1006.

(5) "MIS" means the Management Information System as described in Section 62A-4a-1003.

 

R512-76-3. Internal Process.

(1) An individual may submit a written request to expunge an allegation in which they are identified as a perpetrator or alleged perpetrator in the MIS or LIS. If the perpetrator or alleged perpetrator is a minor at the time expungement is sought, the perpetrator or alleged perpetrator's parent or guardian may submit the written request to expunge the allegation,

(2) Eligibility is based on the meeting of the criteria for expungement as outlined in the Criteria for Expungement subsection of this rule.

(3) If the individual does not meet the criteria for expungement, the request will be denied. The individual shall wait at least one year before submitting the same request.

(4) Decisions to approve or deny expungements are governed by the criteria for expungement and are not at the discretion of the division.

 

R512-76-4. Criteria for Expungement.

(1) Automatic Expungement after one year:

(a) All allegation types with a finding of Without Merit [or Unsubstantiated by the court ]will be automatically expunged if:

(i) One year has passed since the CPS case closure date with no subsequent [ongoing case or removal; and

(ii) One year has passed since the case closure date with no subsequent CPS case, including unaccepted referrals.]CPS case, including unaccepted referrals, involving allegations against the same alleged perpetrator.

(2) Automatic Expungement after five years:

(a) All allegation types Unsubstantiated or found to be without merit by the Juvenile Court will be automatically expunged if:

(i) Five years have passed since the CPS case closure date with no subsequent CPS case, including unaccepted referrals, involving allegations against the same alleged perpetrator.

[(a)](ii) Allegations of dependency and educational neglect with a finding of Unsupported or Supported will be automatically expunged after five years if:

[(i)](A) The original CPS case did not result in an ongoing case or removal due to the allegations involving the alleged perpetrator or the perpetrator; and

[(ii)](B) Five years have passed since the CPS case closure date with no subsequent CPS case, including unaccepted referrals , involving allegations against the alleged perpetrator or perpetrator.

[(iii) Not eligible to make the request until a minimum of five years after the case closure date.]

(3) Expungement Upon Request after five years:

(a) After five years have passed since the CPS case closure date, an individual may request an expungement on the following Unsupported General Findings:

(i) Child Endangerment;

(ii) Dealing in Material Harmful to a Child;

(iii) Dental Neglect;

(iv) Dependency;

(v) Domestic Violence Related Child Abuse;

(vi) Educational Neglect;

(vii) Emotional Abuse;

(viii) Emotional Maltreatment;

(ix) Environmental Neglect;

(x) Failure to Protect;

(xi) Failure to Thrive;

(xii) Juvenile Perpetrator of Sexual or Physical Abuse;

[(xii)](xiii) Medical Neglect;

[(xiii)](xiv) Munchhausen Syndrome by Proxy;

[(xiv)](xv) Non-Supervision;

[(xv)](xvi) Pediatric Condition Falsification;

[(xvi)](xvii) Physical Abuse;

[(xvii)](xviii) Physical Health;

[(xviii)](xix) Physical Neglect;

[(xix)](xx) Psychological Neglect;

[(xx)](xxi) Sibling or Child at Risk; and

[(xxiii)](xxii) Unknown.

(b) The expungement will be approved only if:

(i) The original CPS case did not result in an ongoing case or removal due to the allegations involving the alleged perpetrator;

(ii) Five years have passed since the case closure date with no subsequent CPS case, including unaccepted referrals , involving allegations against the same alleged perpetrator; and

(iii) There was no criminal conviction for the same incident.

[(c) Not eligible to make the request until a minimum of five years after the case closure date.]

(4) Expungement Upon Request after 10 years:

(a) After ten years have passed since the CPS case closure date, [an individual]the perpetrator may request an expungement on the following Supported General Findings:

(i) Child Endangerment;

(ii) Dealing in Material Harmful to a Child;

(iii) Dental Neglect;

(iv) Dependency;

(v) Domestic Violence Related Child Abuse;

(vi) Educational Neglect;

(vii) Emotional Abuse;

(viii) Emotional Maltreatment;

(ix) Environmental Neglect;

(x) Failure to Protect;

(xi) Failure to Thrive;

(xii) Fetal Exposure to Alcohol or other Harmful Substances;

(xiii) Juvenile Perpetrator -- non-significant risk of Sexual or Physical Abuse;

[(xiii)]xiv Medical Neglect;

[(xiv)]xv Munchhausen Syndrome by Proxy;

[(xv)]xvi Non-Supervision;

[(xvi)]xvii Pediatric Condition Falsification;

[(xvii)]xviii Physical Abuse;

[(xviii)]xix Physical Health;

[(xix)]xx Physical Neglect;

[(xx)]xxi Psychological Neglect;

[(xxi)]xxii Sibling or Child at Risk; and

[(xxi)]xxiii Unknown.

(b) The expungement will only be approved if:

(i) The original CPS case did not result in an ongoing case or removal due to allegations involving the same perpetrator;

(ii) Ten years have passed since the CPS case closure date with no subsequent CPS case, including unaccepted referrals , involving allegations against the same perpetrator; and

(iii) There was no criminal conviction for the same incident.

[(c) Not eligible to make the request until a minimum of ten years after the case closure date.]

(5) Allegations Never Eligible for Expungement:

(a) The following Supported or Unsupported allegations designated as Chronic and/or Severe and/or there was a criminal conviction for the same incident are never eligible for expungement:

(i) Abandonment;

(ii) Baby Doe;

(iii) Child Endangerment;

(iv) Chronic Abuse;

(v) Chronic Neglect;

(vi) Court Ordered;

(vii) Dealing in Material Harmful to a Child;

(viii) Dependency;

(ix) Domestic Violence Related Child Abuse;

(x) Educational Neglect;

(xi) Emotional Abuse;

(xii) Environmental Neglect;

(xiii) Failure to Protect;

(xiv) Failure to Thrive;

(xv) Fetal Addiction to alcohol or other substance;

(xvi) Fetal Exposure to Alcohol or other Harmful Substances;

(xvii) Juvenile Perpetrator - significant [or non-significant ]risk of Sexual [and/]or Severe Physical Abuse;

(xviii) Labor Trafficking;

(xix) Lewdness;

(xx) Medical Neglect;

(xxi) Medical neglect resulting in death/disability/serious illness;

(xxii) Non-Supervision;

(xxiii) Pediatric Condition Falsification;

(xxiv) Physical Abuse;

(xxv) Physical Neglect;

(xxvi) Ritual Abuse;

(xxvii) Safe Relinquishment of a Newborn;

(xxviii) Severe Abuse;

(xxix) Severe Neglect;

(xxx) Sexual Abuse;

(xxxi) Sexual Exploitation;

(xxxii) Sexual Trafficking; and

(xxxiii) Sibling or Child at Risk.

(b) Any allegations with the following findings are never eligible for expungement:

(i) False Report;

(ii) Unable to Locate;

(iii) Unable to Complete; and

(iv) Substantiated by the Juvenile Court.

 

KEY: child abuse, expungement of records

Date of Enactment or Last Substantive Amendment: [June 21, 2018]2019

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-1008