Access. (1) The division shall develop and implement a Management Information System that meets the requirements of this section and the requirements of federal law and regulation. (2) The Management Information System shall: (a) contain all key elements of each family's current child and family plan, including: (i) the dates and number of times the plan has been administratively or judicially reviewed; (ii) the number of times the parent failed the child and family plan; and (iii) the exact length of time the child and family plan has been in effect; and (b) alert child welfare caseworkers regarding deadlines for completion of and compliance with policy, including child and family plans. (3) For a child welfare case, the Management Information System shall provide each child welfare caseworker and the Division of Licensing and Background Checks created in Section 26B-2-901, exclusively for the purposes of foster parent licensure and monitoring, with a complete history of each child in the child welfare caseworker's caseload, including: (a) a record of all past action taken by the division with regard to the child and the child's siblings; (b) the complete case history and all reports and information in the control or keeping of the division regarding the child and the child's siblings; (c) the number of times the child has been in the protective custody, temporary custody, and custody of the division; (d) the cumulative period of time the child has been in the custody of the division; (e) a record of all reports of abuse or neglect received by the division with regard to the child's parent or guardian including: (i) for each report, documentation of the: (A) latest status; or (B) final outcome or determination; and (ii) information that indicates whether each report was found to be: (A) supported; (B) unsupported; (C) substantiated; (D) unsubstantiated; or (E) without merit; (f) the number of times the child's parent failed any child and family plan; and (g) the number of different child welfare caseworkers who have been assigned to the child in the past. (4) For child protective services cases, the Management Information System shall: (a) monitor the compliance of each case with: (i) division rule; (ii) state law; and (iii) federal law and regulation; and (b) include the age and date of birth of the alleged perpetrator at the time the abuse or neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of the alleged perpetrator. (5) Information or a record contained in the Management Information System is: (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and (b) available only: (i) to a person or government entity with statutory authorization under Title 63G, Chapter 2, Government Records Access and Management Act, to review the information or record; (ii) to a person who has specific statutory authorization to access the information or record for the purpose of assisting the state with state or federal requirements to maintain information solely for the purpose of protecting minors and providing services to families in need; (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act: (A) to comply with abuse and neglect registry checks requested by other states; or (B) to the United States Department of Health and Human Services for purposes of maintaining an electronic national registry of supported or substantiated cases of abuse and neglect; (iv) to the department, upon the approval of the executive director of the department, on a need-to-know basis; (v) as provided in Subsection (6) or Section 80-2-1002; or (vi) to a citizen review panel for the purpose of fulfilling the panel's duties as described in Section 80-2-1101. (6) (a) The division may allow a division contract provider, court clerk designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to have limited access to the Management Information System. (b) A division contract provider or Indian tribe has access only to information about a person who is currently receiving services from the specific contract provider or Indian tribe. (c) A court clerk may only have access to information necessary to comply with Subsection 78B-7-202(2). (d) (i) The Office of Guardian Ad Litem may only access: (A) the information that is entered into the Management Information System on or after July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is appointed by a court to represent the interests of the child; or (B) any abuse or neglect referral about a child or family where the office has been appointed by a court to represent the interests of the child, regardless of the date that the information is entered into the Management Information System. (ii) The division may use the information in the Management Information System to screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the Office of Guardian Ad Litem. (e) A contract provider or designated representative of the Office of Guardian Ad Litem or an Indian tribe who requests access to information contained in the Management Information System shall: (i) take all necessary precautions to safeguard the security of the information contained in the Management Information System; (ii) train its employees regarding: (A) requirements for protecting the information contained in the Management Information System under this chapter and under Title 63G, Chapter 2, Government Records Access and Management Act; and (B) the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper release of information; and (iii) monitor its employees to ensure that the employees protect the information contained in the Management Information System as required by law. (7) The division shall take: (a) all necessary precautions, including password protection and other appropriate and available technological techniques, to prevent unauthorized access to or release of information contained in the Management Information System; and (b) reasonable precautions to ensure that the division's contract providers comply with Subsection (6).
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