Section 80-2-707 - Supported finding of child abuse or neglect after division investigation - Notice to alleged perpetrator - Rights of alleged perpetrator -Administrative review - Joinder in juvenile court(1)(a) Except as provided in Subsection (2), if, after investigation, the division makes a supported finding, the division shall send a notice of agency action to the alleged perpetrator.(b) If the alleged perpetrator described in Subsection (1)(a) is under 18 years old, the division shall: (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and(ii) send a notice to each parent or guardian identified under Subsection (1)(b)(i) that lives at a different address, unless there is good cause, as defined by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not sending a notice to the parent or guardian.(c) This section does not affect:(i) the manner in which the division conducts an investigation; or(ii) the use or effect, in any other setting, of a supported finding by the division at the completion of an investigation for any purpose other than for notification under Subsection (1) (a) or (b).(2) Subsection (1) does not apply to an alleged perpetrator who is served with notice under Section 80-2-708.(3) The notice described in Subsection (1) shall state that: (a) the division conducted an investigation regarding alleged abuse, neglect, or dependency;(b) the division made a supported finding of abuse, neglect, or dependency;(c) facts gathered by the division support the supported finding;(d) the alleged perpetrator has the right to request:(i) a copy of the report; and(ii) an opportunity to challenge the supported finding by the division; and(e) failure to request an opportunity to challenge the supported finding within 30 days after the day on which the notice is received will result in an unappealable supported finding of abuse, neglect, or dependency unless the alleged perpetrator can show good cause for why compliance within the 30-day requirement is virtually impossible or unreasonably burdensome.(4)(a) Except as provided in Subsection (7), an alleged perpetrator may make a request to challenge a supported finding within 30 days after the day on which the alleged perpetrator receives a notice under this section.(b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative Hearings shall hold an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.(5)(a) In an adjudicative proceeding held under this section, the division has the burden of proving, by a preponderance of the evidence, that abuse, neglect, or dependency occurred and that the alleged perpetrator is substantially responsible for the abuse or neglect that occurred.(b) Any party has the right of judicial review of final agency action, in accordance with Title 63G, Chapter 4, Administrative Procedures Act.(c) A proceeding for judicial review of a final agency action under this section shall be closed to the public.(d) The Judicial Council shall make rules that ensure the confidentiality of the proceeding described in Subsection (5)(c) and the records related to the proceedings.(6) Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving notice, fails to challenge a supported finding in accordance with this section: (a) may not further challenge the finding; and(b) shall have no right to: (i) agency review of the finding;(ii) an adjudicative hearing on the finding; or(iii) judicial review of the finding.(7)(a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a request under Subsection (4) to challenge a supported finding if a court of competent jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency that is the subject of the supported finding.(b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.(c) An adjudicative proceeding under Subsection (5) may be stayed during the time a judicial action on the same matter is pending.(8) Under Section 80-3-404, an adjudicative proceeding on a supported finding of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication on a supported finding of a severe type of child abuse or neglect.Renumbered from § 62A-4a-1009 by Chapter 334, 2022 General Session ,§ 62, eff. 9/1/2022.Amended by Chapter 262, 2021 General Session ,§ 62, eff. 9/1/2021.Amended by Chapter 87, 2008 General Session
Amended by Chapter 299, 2008 General Session
Amended by Chapter 382, 2008 General Session.