| (1) |
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Terms Used In Utah Code 80-2-701- Abuse: means :
| (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 80-1-102- Allegation: something that someone says happened.
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Child protection team: means a team consisting of:
| (a) | the child welfare caseworker assigned to the case; |
| (b) | if applicable, the child welfare caseworker who made the decision to remove the child; |
| (c) | a representative of the school or school district where the child attends school; |
| (d) | if applicable, the law enforcement officer who removed the child from the home; |
| (e) | a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides; |
| (f) | if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances; |
| (g) | if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and |
| (h) | any other individuals determined appropriate and necessary by the team coordinator and chair. See Utah Code 80-1-102- Consult: means an interaction between two persons in which the initiating person:
| (a) | provides information to another person; |
| (b) | provides the other person an opportunity to respond; and |
| (c) | takes the other person's response, if any, into consideration. See Utah Code 80-2-102- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102
- Mutual case: means a case that is:
| (a) | opened by the division under the division's discretion and procedures; |
| (b) | opened by the law enforcement agency with jurisdiction over the case; and |
| (c) | accepted for investigation by a child protection team, as applicable. See Utah Code 80-2-102- Neglect: 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 80-1-102- Person: means :Utah Code 68-3-12.5
- Protective 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 80-1-102- Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
- Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
- Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102
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| (a) |
The division shall conduct a thorough preremoval investigation upon receiving a report under Section 80-2-602 or 80-2-603 if there is reasonable cause to suspect that a situation of abuse, neglect, or the circumstances described in Subsection 80-2-603(2) exist. |
| (b) |
The primary purpose of the preremoval investigation described in Subsection (1)(a) shall be protection of the child. |
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| (2) |
The preremoval investigation described in Subsection (1)(a) shall meet the reasonable professional standards described in Section 80-2-702. |
| (3) |
The division shall make a written report of the division’s preremoval investigation under Subsection (1)(a) that includes a determination regarding whether the alleged abuse or neglect in the report described in Subsection (1)(a) is supported, unsupported, or without merit. |
| (4) |
The division:
| (a) |
shall use an interdisciplinary approach if appropriate in dealing with a report made under Section 80-2-602, 80-2-603, or 80-2-604; |
| (b) |
in accordance with Section 80-2-706, shall convene a child protection team to assist the division in the division’s protective, diagnostic, assessment, treatment, and coordination services; and |
| (c) |
may include a member of the child protection team in the division’s protective, diagnostic, assessment, treatment, or coordination services. |
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| (5) |
If a report of neglect is based on or includes an allegation of educational neglect, the division shall immediately consult with school authorities to verify the child’s status in accordance with Sections 53G-6-201 through 53G-6-206. |
| (6) |
Upon completion of the initial preremoval investigation under this section, the division shall give notice of the completion to the person who made the initial report described in Subsection (1)(a). |
| (7) |
A division child welfare caseworker:
| (a) |
has authority to:
| (i) |
enter upon public or private premises, using appropriate legal processes; and |
| (ii) |
to investigate a report of alleged child abuse or neglect, upon notice to a parent of the parent’s rights under the Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106, or any successor thereof; and |
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| (8) |
In a case, if law enforcement has investigated or is conducting an investigation of alleged abuse or neglect of a child, the division:
| (a) |
shall coordinate with law enforcement to ensure that there is an adequate safety plan to protect the child from further abuse or neglect; and |
| (b) |
is not required to duplicate an aspect of the investigation that, in the division’s determination, has been satisfactorily completed by law enforcement. |
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| (9) |
In a mutual case in which a child protection team is involved in the investigation of alleged abuse or neglect of a child, the division shall consult with the child protection team before closing the case. |
Amended by Chapter 308, 2022 General Session
Renumbered and Amended by Chapter 334, 2022 General Session
Amended by Chapter 334, 2022 General Session, (Coordination Clause)
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