Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R512. Human Services, Child and Family Services.

Rule R512-76. Expungement of DCFS Allegations.

As in effect on August 1, 2019

Table of Contents

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 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.

(2) Automatic Expungement after five years:

(a) Allegations of dependency and educational neglect will be automatically expunged after five years if:

(i) The original CPS case did not result in an ongoing case or removal; and

(ii) Five years have passed since the case closure date with no subsequent CPS case, including unaccepted referrals.

(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 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) Medical Neglect;

(xiii) Munchhausen Syndrome by Proxy;

(xiv) Non-Supervision;

(xv) Pediatric Condition Falsification;

(xvi) Physical Abuse;

(xvii) Physical Health;

(xviii) Physical Neglect;

(xix) Psychological Neglect;

(xx) Sibling or Child at Risk; and

(xxi) Unknown.

(b) The expungement will be approved only if:

(i) The original CPS case did not result in an ongoing case or removal;

(ii) Five years have passed since the case closure date with no subsequent CPS case, including unaccepted referrals; 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 case closure date, an individual 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) Medical Neglect;

(xiv) Munchhausen Syndrome by Proxy;

(xv) Non-Supervision;

(xvi) Pediatric Condition Falsification;

(xvii) Physical Abuse;

(xviii) Physical Health;

(xix) Physical Neglect;

(xx) Psychological Neglect;

(xxi) Sibling or Child at Risk; and

(xxii) Unknown.

(b) The expungement will only be approved if:

(i) The original CPS case did not result in an ongoing case or removal;

(ii) Ten years have passed since the case closure date with no subsequent CPS case, including unaccepted referrals; 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

Authorizing, Implemented, or Interpreted Law

62A-4a-102; 62A-4a-1008


Additional Information

Contact

For questions regarding the content or application of rules under Title R512, please contact the promulgating agency (Human Services, Child and Family Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.