§ 62A-4a-1008. Timeframes for deletion of specified information or reports.

(1) Unless the executive director determines that there is good cause for keeping a report of abuse or neglect in the Management Information System, based on standards established by rule, the division shall delete any reference to:

(a) a report that is without merit, if no subsequent report involving the same alleged perpetrator has occurred within one year; or

(b) a report that is determined by a court of competent jurisdiction to be unsubstantiated or without merit, if no subsequent report involving the same alleged perpetrator has occurred within five years.

(2)

(a) The division shall maintain a separation of reports as follows:

(i) those that are supported;

(ii) those that are unsupported;

(iii) those that are without merit;

(iv) those that are unsubstantiated under the law in effect prior to May 6, 2002;

(v) those that are substantiated under the law in effect prior to May 6, 2002; and

(vi) those that are consented-to supported findings under Subsection 62A-4a-1005(3)(a)(iii).

(b) Only persons with statutory authority have access to information contained in any of the reports identified in Subsection (2)(a).

Renumbered and Amended by Chapter 77, 2006 General Session