Having a supported finding of severe child abuse in Utah will get you listed on the Licensing Information System database. The LIS is private and not accessible by the public, but may disqualify you from certain licensure or jobs working in human services. I.E., children, vulnerable adults, foster care, child care, etc.
Whatever the type of child welfare investigation occurs, you will be issued a “Notice of Agency Action” from the Department of Human Services, Department of Child and Family Services indicating that they made a supported finding of child abuse against you.
The Notice of Agency Action will state specifically what child abuse finding was supported for, what agency is finding it, how it generally affects you and what your appeal (challenge) rights are.
The results of being listed on Utah’s Licensing Information System are that your name and information will go on private database maintained by DCFS, which may disqualify or prevent you from:
Your Notice of Agency Action will list your appeal deadline and how to appeal it. Most severe child abuse findings will allow you to directly petition the Utah juvenile court for judicial review. See Utah Code 80-2-1004.
When you are accused of child abuse in Utah, several types of investigations or court cases can happen. They are:
(1). Criminal Charges. Criminal child abuse charges are filed. Sexual abuse, physical abuse, negligent, recklessly or intentional. Utah has a child abuse registry and a sex offender registry that you can land on for life or 10 years depending on your conviction.
(2). Child Removal Child Welfare Case. Your kid is removed from you custody, given to a relative or a foster care family. You know when this happens. Removal of your kids is a last resort by DCFS and this is a civil case, not a criminal case. Although there can be concurrent criminal charges and a civil child removal case pending.
(3). Child Welfare Case. No Removal. You are investigated for child abuse and a child welfare case is filed with the county juvenile court, but your kids remain in your home and custody. A civil child welfare case.
(4). Child Welfare Investigation Only. This type of child welfare case can occur and you are target of it and you will sometimes not even know it. Like any child welfare proceeding, they can interview your child at school without your consent. During DCFS child welfare investigations sometimes you, the target accused are interviewed, sometimes not.
It is these fourth type of child welfare and abuse investigations where you are commonly sent a “Notice of Agency Action” indicating you are listed on the Licensing Information System. There was not trial, not court filings, criminal or civil and so you only remedy is to challenge the DCFS findings against you administratively.
At the conclusion of each type of child welfare investigation above, DCFS will make findings of “Supported” or Unsupported” against you.
IMPORTANT: If you plead guilty in any criminal case (Type 1 example above) you cannot challenge the DCFS findings against you. If you admit responsibility in a civil child welfare proceeding regardless of whether the child was removed or not, you also waive your ability to challenge the DCFS findings.
