| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102Neglect: means action or inaction causing:| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102 |
| (a) |
A peace officer or child welfare caseworker who takes a child into protective custody under Subsection 80-2a-202(1), shall immediately use reasonable efforts to locate and inform, through the most efficient means available, the child’s parents, including a noncustodial parent, the child’s guardian, or a responsible relative:
| (i) |
that the child is in protective custody; |
| (ii) |
the reason for removal and placement of the child in protective custody; |
| (iii) |
that the parent, guardian, or relative will be provided with information on:
| (A) |
the parent’s or guardian’s procedural rights; and |
| (B) |
the preliminary stages of the investigation and shelter hearing; |
|
| (iv) |
of a telephone number where the parent or guardian may access further information; |
| (v) |
that the child and the child’s parent or guardian are entitled to have an attorney present at the shelter hearing; |
| (vi) |
that if the child’s parent or guardian is an indigent individual and desires to have an attorney, one will be provided; and |
| (vii) |
that resources are available to assist the child’s parent or guardian, including:
| (B) |
a qualified attorney; or |
| (C) |
potential expert witnesses to testify on behalf of the child or the child’s parent, guardian, or family. |
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| (b) |
For purposes of locating and informing the noncustodial parent under Subsection (1)(a), the division shall search for the noncustodial parent through the Federal Parent Locator Service if the division is unable to locate the noncustodial parent through other reasonable efforts. |
|
| (2) |
At the time that a child is taken into protective custody under Subsection 80-2a-202(2), the division shall provide the child’s parent or guardian an informational packet with:
| (a) |
all of the information described in Subsection (1); |
| (b) |
information on the conditions under which a child may be released from protective custody; |
| (c) |
information on resources that are available to the parent or guardian, including:
| (i) |
mental health resources; |
| (ii) |
substance abuse resources; and |
| (iii) |
parenting classes; and |
|
| (d) |
any other information considered relevant by the division. |
|
| (3) |
The division shall ensure the informational packet described in Subsection (2) is:
| (a) |
evaluated periodically for the effectiveness of the informational packet at conveying necessary information and revised accordingly; |
| (b) |
written in simple, easy-to-understand language; |
| (c) |
available in English and other languages as the division determines to be appropriate and necessary; and |
| (d) |
made available for distribution in:
| (ii) |
health care facilities; |
| (iii) |
local police and sheriff’s offices; |
| (iv) |
the offices of the division; and |
| (v) |
any other appropriate office within the department. |
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| (4) |
If reasonable efforts are made by the peace officer or child welfare caseworker to notify the child’s parent or guardian or a responsible relative under Subsection (1), failure to notify:
| (a) |
shall be considered to be due to circumstances beyond the control of the peace officer or child welfare caseworker; and |
| (b) |
may not be construed to:
| (i) |
permit a new defense to any juvenile or judicial proceeding; or |
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| (5) |
| (a) |
If the juvenile court issues a warrant under Subsection 80-2a-202(6), the division shall provide notice of the warrant to the child’s parent or guardian who:
| (i) |
has a right to parent-time with the child; and |
| (ii) |
| (A) |
is the child’s primary caregiver; or |
| (B) |
has custody of the child when the warrant is sought. |
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| (b) |
The division shall make a good faith effort to provide notice to the child’s parent or guardian who:
| (i) |
is not required to be notified under Subsection (5)(a); and |
| (ii) |
has a right to parent-time with the child. |
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Renumbered and Amended by Chapter 334, 2022 General Session
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