| (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 80-1-102Allegation: 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 80-1-102Consult: 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 80-2-102Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Educational 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 80-1-102Neglect: 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 services: means expedited services that are provided:| (a) | in response to evidence of neglect, abuse, or dependency of a child; |
| (b) | to a cohabitant who is neglecting or abusing a child, in order to:| (i) | help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and |
| (ii) | strengthen the cohabitant's ability to provide safe and acceptable care; and |
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| (c) | in cases where the child's welfare is endangered:| (i) | to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; |
| (ii) | to cause a protective order to be issued for the protection of the child, when appropriate; and |
| (iii) | to protect the child from the circumstances that endanger the child's welfare including, when appropriate:| (A) | removal from the child's home; |
| (B) | placement in substitute care; and |
| (C) | petitioning the court for termination of parental rights. See Utah Code 80-1-102Substitute care: means :| (a) | the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; |
| (b) | services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or |
| (c) | the licensing and supervision of a substitute care facility. See Utah Code 80-1-102Supported: 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 80-1-102Unsupported: 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 80-1-102Without 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 |
| (a) |
The department, through the Office of Quality and Design created in Section 62A-18-103, shall conduct an independent child protective service investigation to investigate reports of abuse or neglect if:
| (i) |
the report occurs while the child is in the custody of the division; or |
| (ii) |
the executive director of the department determines that, if the division conducts the investigation, the division would have an actual or potential conflict of interest in the results of the investigation. |
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| (b) |
If a report is made while a child is in the custody of the division that indicates the child is abused or neglected:
| (i) |
the attorney general may, in accordance with Section 67-5-16, and with the consent of the department, employ a child protective services investigator to conduct a conflict investigation of the report; or |
| (ii) |
a law enforcement officer, as defined in Section 53-13-103, may, with the consent of the department, conduct a conflict investigation of the report. |
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| (c) |
Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the consent of the department, conducting a criminal investigation of abuse or neglect under Title 53, Public Safety Code. |
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| (2) |
An investigator described in Subsection (1) may also investigate allegations of abuse or neglect of a child by a department employee or a licensed substitute care provider. |
| (3) |
An investigator described in Subsection (1), if not a law enforcement officer, shall have the same rights, duties, and authority of a child welfare caseworker to:
| (a) |
make a thorough investigation under Section 80-2-701 upon receiving a report of alleged abuse or neglect of a child, with the primary purpose of the investigation being the protection of the child; |
| (b) |
make an inquiry into the child’s home environment, emotional, or mental health, the nature and extent of the child’s injuries, and the child’s physical safety; |
| (c) |
make a written report of the investigator’s investigation, including determination regarding whether the alleged abuse or neglect is supported, unsupported, or without merit, and forward a copy of the report to the division within the time mandates for investigations established by the division; and |
| (d) |
immediately consult with school authorities to verify the child’s status in accordance with Sections 53G-6-201 through 53G-6-206 if a report is based on or includes an allegation of educational neglect. |
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Renumbered and Amended by Chapter 334, 2022 General Session
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