§ 62A-1-118. Access to abuse and neglect information to screen employees and volunteers.

(1) With respect to department employees and volunteers, the department may only access information in the Division of Child and Family Service's Management Information System created by Section 62A-4a-1003 and the Division of Aging and Adult Services database created by Section 62A-3-311.1 for the purpose of determining at the time of hire and each year thereafter whether a department employee or volunteer has an adjudication of abuse or neglect or since January 1, 1994, a substantiated finding of abuse or neglect after notice and an opportunity for a hearing consistent with Title 63G, Chapter 4, Administrative Procedures Act, but only if identification as a possible perpetrator of abuse or neglect is directly relevant to the employment or volunteer activities of that person.

(2) A department employee or volunteer to whom Subsection (1) applies shall submit to the department the employee or volunteer's name and other identifying information upon request.

(3) The department shall process the information to determine whether the employee or volunteer has a substantiated finding of child abuse or neglect.

(4) The department shall adopt rules defining permissible and impermissible work-related activities for a department employee or volunteer with one or more substantiated findings of abuse or neglect.

Amended by Chapter 382, 2008 General Session