| (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 80-1-102Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Neglect: 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 80-1-102Person: means :Utah Code 68-3-12.5Protective 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 80-1-102Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102Sexual exploitation: means knowingly:| (a) | employing, using, persuading, inducing, enticing, or coercing any child to:| (i) | pose in the nude for the purpose of sexual arousal of any individual; or |
| (ii) | engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; |
|
| (b) | displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:| (i) | in the nude, for the purpose of sexual arousal of any individual; or |
| (ii) | engaging in sexual or simulated sexual conduct; or |
|
| (c) | engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201. See Utah Code 80-1-102Subject of the report: includes the child who is the alleged victim of the report and the person responsible for the child's care. See Utah Code 80-2-102Writing: includes :Utah Code 68-3-12.5 |
| (a) |
except as provided in Subsection (5), is the subject of the report or identified during an investigation under Subsection 80-2-701(1)(b); or |
| (b) |
is in protective custody before the day on which the adjudication hearing is held under Section 80-3-401. |
|
| (2) |
| (a) |
If the division interviews a child under Subsection (1), the division shall, except as provided in Subsection (6), audiotape or videotape the interview. |
| (b) |
The interviewer under Subsection (1) shall say at the beginning of the audiotape or videotape:
| (i) |
the time, date, and place of the interview; and |
| (ii) |
the full name and age of the child being interviewed. |
|
|
| (3) |
| (a) |
Before conducting an interview under Subsection (1), the interviewer shall:
| (i) |
assess the child’s level of comfort with the interview and make reasonable efforts to ensure the child is comfortable during the interview; and |
| (ii) |
unless the interview is conducted at a Children’s Justice Center, ask the child whether the child is comfortable being alone in the interview with the interviewer. |
|
| (b) |
| (i) |
If a child who is interviewed under Subsection (1)(a) is not comfortable being alone in the interview with the interviewer, the child is allowed to have a support person of the child’s choice present in an interview who:
| (A) |
is 18 years old or older; |
| (B) |
is readily available; and |
| (C) |
is willing and able to be present in the interview without influencing the child through statements or reactions. |
|
| (ii) |
If a child who is interviewed under Subsection (1)(b) is not comfortable being alone in the interview with the interviewer, the interviewer shall conduct the interview with a support person of the child’s choice present who meets the requirements of Subsections (3)(b)(i)(A) through (C). |
|
| (c) |
A support person described in this Subsection (3):
| (i) |
may be:
| (B) |
a school administrator; |
| (C) |
a guidance counselor; |
| (D) |
a child care provider; |
| (G) |
a member of the clergy; or |
| (H) |
another individual chosen by the child; and |
|
| (ii) |
may not be an individual who:
| (A) |
is alleged to be, or potentially may be, the perpetrator; or |
| (B) |
is protective of the perpetrator or unsupportive of the child. |
|
|
|
| (4) |
| (a) |
Except as provided in Subsection (4)(b), the division shall notify the child’s parent before the time at which the interview under Subsection (1)(a) is held of:
| (i) |
the specific allegations concerning the child; and |
| (ii) |
the time and place of the interview. |
|
| (b) |
| (i) |
The division is not required to provide notice under Subsection (4)(a) if the child’s parent or stepparent or the parent’s paramour is identified as the alleged perpetrator. |
| (ii) |
If the alleged perpetrator is unknown, or the alleged perpetrator’s relationship to the child’s family is unknown, the division may conduct a minimal interview or conversation with the child that does not exceed 15 minutes before providing notice under Subsection (4)(a). |
| (iii) |
The division shall notify the parent of a child who is interviewed under Subsection (4)(b)(i) or (ii) as soon as practicable after the interview is conducted and no later than 24 hours after the interview is conducted. |
|
| (c) |
The division shall notify the child’s parent of the time and place of all subsequent interviews of the child. |
|
| (5) |
| (a) |
| (i) |
Except as provided in Subsections (5)(a)(ii) and (6), the division may interview a child under Subsection (1)(a) during an investigation under Section 80-2-701 that involves allegations of sexual abuse, sexual exploitation, severe abuse, or severe neglect of the child only if:
| (A) |
the interview is recorded visually and aurally on film, videotape, or by other electronic means; |
| (B) |
both the interviewer and the child are simultaneously recorded and visible on the final product; |
| (C) |
the time and date of the interview is continuously and clearly visible to any subsequent viewer of the recording; and |
| (D) |
the recording equipment runs continuously for the duration of the interview. |
|
| (ii) |
Subsection (5)(a)(i) does not apply to initial or minimal interviews conducted in accordance with Subsection (4)(b)(ii). |
|
| (b) |
The division shall conduct an interview under Subsection (5)(a) in an existing Children’s Justice Center or in a soft interview room, if available. |
| (c) |
If a Children’s Justice Center or a soft interview room is not available, the division shall use the best setting available under the circumstances. |
| (d) |
Except as provided in Subsection (6), if the equipment required under Subsection (5)(a) is not available, the division shall audiotape the interview and the child welfare caseworker shall clearly say at the beginning of the tape:
| (i) |
the time, date, and place of the interview; |
| (ii) |
the full name and age of the child being interviewed; and |
| (iii) |
that the equipment required under Subsection (5)(a) is not available and why. |
|
|
| (6) |
| (a) |
Subject to Subsection (6)(b), the division may conduct an interview under Subsection (1) or (5) without taping the interview if the child:
| (i) |
is at least nine years old; |
| (ii) |
refuses to have the interview audiotaped; and |
| (iii) |
refuses to have the interview videotaped. |
|
| (b) |
If, under Subsection (6)(a), an interview is conducted without being taped, the division shall document the child’s refusal to have the interview taped as follows:
| (i) |
the interviewer shall attempt to get the child’s refusal on tape, including the reasons for the refusal; or |
| (ii) |
if the child does not allow the refusal, or the reasons for the refusal, to be taped, the interviewer shall:
| (A) |
state on the tape that the child is present, but has refused to have the interview, refusal, or the reasons for the refusal taped; or |
| (B) |
if complying with Subsection (6)(b)(ii)(A) will result in the child, who would otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall document, in writing, that the child refused to allow the interview to be taped and the reasons for that refusal. |
|
|
| (c) |
The division shall track the number of interviews under this section that are not taped, and the number of refusals that are not taped, for each interviewer, in order to determine whether a particular interviewer has a higher incidence of refusals, or taped refusals, than other interviewers. |
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Renumbered and Amended by Chapter 334, 2022 General Session
Amended by Chapter 334, 2022 General Session, (Coordination Clause)
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