(1) For purposes of this section: (a) "Direct service worker" means the same as that term is defined in Section 62A-5-101. (b) "Personal care attendant" means the same as that term is defined in Section 62A-3-101.

(a) "Direct service worker" means the same as that term is defined in Section 62A-5-101.

(b) "Personal care attendant" means the same as that term is defined in Section 62A-3-101.

(2) With respect to a licensee, a direct service worker, or a personal care attendant, the department may access only the Licensing Information System of the Division of Child and Family Services created by Section 62A-4a-1006 and juvenile court records under Subsection 78A-6-323(6), for the purpose of: (a) (i) determining whether a person associated with a licensee, with direct access to children: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and (ii) informing a licensee that a person associated with the licensee: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); (b) (i) determining whether a direct service worker: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and (ii) informing a direct service worker or the direct service worker's employer that the direct service worker: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); or (c) (i) determining whether a personal care attendant: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a personal care attendant: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2).

(a) (i) determining whether a person associated with a licensee, with direct access to children: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and (ii) informing a licensee that a person associated with the licensee: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2);

(i) determining whether a person associated with a licensee, with direct access to children: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and

(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and

(ii) informing a licensee that a person associated with the licensee: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2);

(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2);

(b) (i) determining whether a direct service worker: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and (ii) informing a direct service worker or the direct service worker's employer that the direct service worker: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); or

(i) determining whether a direct service worker: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and

(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and

(ii) informing a direct service worker or the direct service worker's employer that the direct service worker: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); or

(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); or

(c) (i) determining whether a personal care attendant: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a personal care attendant: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2).

(i) determining whether a personal care attendant: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and

(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2); and

(ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a personal care attendant: (A) is listed in the Licensing Information System; or (B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2).

(A) is listed in the Licensing Information System; or

(B) has a substantiated finding by a juvenile court of a severe type of child abuse or neglect under Subsections 78A-6-323(1) and (2).

(3) Notwithstanding Subsection (2), the department may access the Division of Child and Family Services' Management Information System under Section 62A-4a-1003: (a) for the purpose of licensing and monitoring foster parents; (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and (c) for the purpose described in Section 62A-1-118.

(a) for the purpose of licensing and monitoring foster parents;

(b) for the purposes described in Subsection 62A-4a-1003(1)(d); and

(c) for the purpose described in Section 62A-1-118.

(4) The department shall receive and process personal identifying information under Subsection 62A-2-120(1) for the purposes described in Subsection (2).

(5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with this chapter, defining the circumstances under which a person may have direct access or provide services to children when: (a) the person is listed in the Licensing Information System of the Division of Child and Family Services created by Section 62A-4a-1006; or (b) juvenile court records show that a court made a substantiated finding under Section 78A-6-323, that the person committed a severe type of child abuse or neglect.

(a) the person is listed in the Licensing Information System of the Division of Child and Family Services created by Section 62A-4a-1006; or

(b) juvenile court records show that a court made a substantiated finding under Section 78A-6-323, that the person committed a severe type of child abuse or neglect.