Utah DCFS MIS and LIS: What Parents Should Know
Utah DCFS Management Information System (MIS) and Licensing Information System (LIS)
You are summoned by the Utah Division of Child and Family Services (DCFS) to Juvenile Court to address a petition. In that petition, you are accused of child abuse.
More often than not, people facing these allegations are concerned with a wide range of issues. But one less obvious concern is dealing with DCFS’s Management Information System (MIS) and Licensing Information System (LIS).
What exactly are these databases, and why can they matter?
What Is the DCFS Management Information System?
The MIS is an internal DCFS management information system that contains information about families and child welfare cases.
Under Utah Code § 80-2-1001, the system contains key elements of a family’s current child and family plan, including:
- The dates and number of times a family plan has been administratively or judicially reviewed;
- The number of times the parent failed the child and family plan; and
- The exact length of time the child and family plan has been in effect.
See Utah Code § 80-2-1001(2)(a)(i)-(iii).
The MIS can contain substantially more information about a child welfare case, including case history, prior reports, the status or outcome of reports, and information concerning previous DCFS involvement.
Who Has Access to the MIS?
Generally, people outside of DCFS do not have unrestricted access to MIS records.
Under Utah Code § 80-2-1001, information or records contained in the MIS are classified as private, controlled, or protected records under Utah’s Government Records Access and Management Act.
Access is limited by statute and may include:
- A person or government entity with statutory authorization under Title 63G;
- A person specifically authorized by statute to access the information for purposes related to protecting children;
- Access required by applicable provisions of the Social Security Act;
- Certain department personnel on a need-to-know basis;
- The Licensing Information System; and
- A citizen review panel when necessary to perform its statutory duties.
Overall, being included in the MIS may not create obvious everyday repercussions for many people. However, the existence of records within DCFS systems can still matter when a person is involved in future child welfare or licensing proceedings.
What Is the DCFS Licensing Information System?
In comparison to the MIS, the Licensing Information System can carry more direct collateral consequences.
Under Utah Code § 80-2-1002, DCFS maintains the LIS as a sub-part of the Management Information System. The LIS is used for licensing purposes or as otherwise provided by law.
The system may contain information associated with certain supported findings of child abuse or neglect, pending investigations, consented-to supported findings, and certain findings made by the juvenile court.
Who Has Access to the Licensing Information System?
Access to the LIS is also restricted by statute.
Utah law permits access for certain licensing and background-check purposes, including access by the Division of Licensing and Background Checks and designated government personnel for particular statutory purposes.
Those purposes can include:
- Licensing a child care program or provider;
- Determining whether certain individuals associated with child care have a supported finding of a severe type of child abuse or neglect;
- Qualifying certain child care providers;
- Foster-parent licensing and monitoring; and
- Determining whether a person seeking an emergency medical services license has a supported finding of a severe type of child abuse or neglect.
Because the LIS is connected to licensing and background-check functions, a qualifying DCFS finding can have consequences extending beyond the immediate juvenile court case.
That is one reason it is important to understand not only what is happening in court, but also what information may be entered into DCFS systems as a result of the proceeding.
DCFS Findings Can Have Collateral Consequences
DCFS is an administrative animal.
Not only can DCFS seek the removal of your child from your home, but a DCFS proceeding can potentially have a longstanding impact on other areas of your life, while related criminal charges may also be lurking in the background.
A person facing a child abuse or neglect allegation should therefore consider more than the immediate juvenile court petition. The consequences of a finding may extend into licensing, employment, background checks, future DCFS proceedings, or a related criminal case depending on the circumstances.
If you are dealing with a DCFS investigation while also facing possible criminal allegations, learn more about our Utah criminal defense practice.
Speak With a Utah Attorney About a DCFS Case
If you are caught in a circumstance like this, you need an attorney who can identify all of the potential collateral consequences that may come with a DCFS finding.
Howard Lewis & Petersen can help evaluate the juvenile court proceeding, the potential consequences of a DCFS finding, and any related criminal issues.
Contact Howard Lewis & Petersen or call 801-373-6345 and ask for a consultation with Attorney Drake S. Onaga.
