| (1) |
If a child is taken into protective custody in accordance with Section 80-2a-202 or 80-3-204 or the division takes any other action that requires a shelter hearing under Subsection 80-3-301(1), the division shall immediately initiate an investigation of:
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Terms Used In Utah Code 80-2-702- 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- 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- committed: means , unless specified otherwise:
| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: 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 80-1-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102
- 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- Sexual abuse: means :
| (a) | an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; |
| (b) | an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:| (i) | there is an indication of force or coercion; |
| (ii) | the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption; |
| (iii) | there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or |
| (iv) | there is a disparity in chronological age of four or more years between the two children; |
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| (c) | engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:| (i) | 4, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor; |
| (ii) | child bigamy, Section 76-7-101. See Utah Code 80-1-102- Shelter: 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
- Sibling: means a child who shares or has shared at least one parent in common either by blood or adoption. See Utah Code 80-2-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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 circumstances of the child; and |
| (b) |
the grounds upon which the decision to place the child into protective custody was made. |
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| (2) |
The division’s investigation under Subsection (1) shall conform to reasonable professional standards and include:
| (a) |
a search for and review of any records of past reports of abuse or neglect involving:
| (ii) |
any sibling or other child residing in the same household as the child; and |
| (iii) |
the alleged perpetrator; |
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| (b) |
with regard to a child who is five years old or older, a personal interview with the child:
| (i) |
outside of the presence of the alleged perpetrator; and |
| (ii) |
conducted in accordance with the requirements of Section 80-2-704; |
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| (c) |
if a parent or guardian is located, an interview with at least one of the child’s parents or guardian; |
| (d) |
an interview with the person who reported the abuse, unless the report was made anonymously; |
| (e) |
if possible and appropriate, interviews with other third parties who have had direct contact with the child, including:
| (i) |
school personnel; and |
| (ii) |
the child’s health care provider; |
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| (f) |
an unscheduled visit to the child’s home, unless:
| (i) |
there is a reasonable basis to believe that the reported abuse was committed by a person who:
| (A) |
is not the child’s parent; and |
| (B) |
does not live in the child’s home or otherwise have access to the child in the child’s home; or |
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| (ii) |
an unscheduled visit is not necessary to obtain evidence for the investigation; and |
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| (g) |
if appropriate and indicated in any case alleging physical injury, sexual abuse, or failure to meet the child’s medical needs, a medical examination, obtained no later than 24 hours after the child is placed in protective custody. |
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| (3) |
The division may rely on a written report of a prior interview rather than conducting an additional interview under Subsection (2), if:
| (a) |
law enforcement:
| (i) |
previously conducted a timely and thorough investigation regarding the alleged abuse, neglect, or dependency; and |
| (ii) |
produced a written report; |
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| (b) |
the investigation described in Subsection (3)(a)(i) included one or more of the interviews described in Subsection (2); and |
| (c) |
the division finds that an additional interview is not in the best interest of the child. |
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| (4) |
| (a) |
| (i) |
The division shall:
| (A) |
make a determination after the division’s investigation under Subsection (1) regarding whether the report is supported, unsupported, or without merit; and |
| (B) |
base the determination on the facts of the case at the time the report is made. |
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| (ii) |
The division’s determination of whether a report is supported or unsupported may be based on the child’s statements alone. |
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| (b) |
The division may not:
| (i) |
use the inability to identify or locate the perpetrator as a basis for:
| (A) |
determining that a report is unsupported; or |
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| (ii) |
determine a case is unsupported or identify a case as unsupported solely because the perpetrator is an out-of-home perpetrator. |
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| (5) |
The division shall maintain protective custody of the child if the division finds that one or more of the following conditions exist:
| (a) |
the child does not have a natural parent, guardian, or responsible relative who is able and willing to provide safe and appropriate care for the child; |
| (b) |
| (i) |
shelter of the child is a matter of necessity for the protection of the child; and |
| (ii) |
there are no reasonable means by which the child can be protected in:
| (B) |
the home of a responsible relative; |
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| (c) |
there is substantial evidence that the parent or guardian is likely to flee the jurisdiction of the juvenile court; or |
| (d) |
the child has left a previously court ordered placement. |
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| (6) |
Within 24 hours after receipt of a child into protective custody, excluding weekends and holidays, the division shall:
| (a) |
convene a child protection team in accordance with Section 80-2-706; and |
| (b) |
prepare the testimony and evidence that will be required of the division at the shelter hearing, in accordance with Section 80-3-301. |
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| (7) |
The division shall cooperate with a law enforcement investigation and with the members of a child protection team, if applicable, regarding the alleged perpetrator. |
| (8) |
The division may not close an investigation solely on the grounds that the division is unable to locate the child until all reasonable efforts have been made to locate the child and family members including:
| (a) |
visiting the home at times other than normal work hours; |
| (b) |
contacting local schools; |
| (c) |
contacting local, county, and state law enforcement agencies; and |
| (d) |
checking public assistance records. |
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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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