| (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 80-1-102Child 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 80-1-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Division: 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 80-1-102Protective 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 80-1-102Protective 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 80-1-102Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:| (a) | the minor is permitted to remain in the minor's home; and |
| (b) | supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102 |
| (a) |
The division shall convene a child protection team for a particular case:
| (i) |
in accordance with Section 80-2-701; |
| (ii) |
if the child is taken into protective custody, for the purpose of reviewing the circumstances regarding removal of the child from the child’s home or school; or |
| (iii) |
if the division files an abuse, neglect, or dependency petition, as defined in Section 80-3-102, for the purposes of:
| (A) |
reviewing the circumstances of the filing of the abuse, neglect, or dependency petition; and |
| (B) |
developing or reviewing implementation of a safety plan to protect the child from further abuse, neglect, or dependency. |
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| (b) |
The division may convene a child protection team for a particular case if:
| (i) |
the case demonstrates:
| (A) |
the likelihood of severe child abuse or neglect; or |
| (B) |
a high risk of repetition as evidenced by previous involvements with law enforcement or the division; and |
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| (ii) |
the child protection team is assembled for the purpose of information sharing and identification of resources, services, or actions that support the child and the child’s family. |
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| (2) |
| (a) |
A representative of the division shall serve as coordinator and chair of a child protection team convened under Subsection (1). |
| (b) |
A member of the child protection team shall serve at the coordinator’s invitation. |
| (c) |
If possible, the child protection team coordinator and chair shall include on the child protection team a representative of:
| (i) |
health, mental health, education, and law enforcement agencies; |
| (iii) |
a parent and family support group unless the parent is alleged to be the perpetrator; and |
| (iv) |
other appropriate agencies and individuals. |
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| (3) |
The division shall hold the child protection team meeting under Subsection (1)(a)(ii) or (iii) within the shorter of:
| (a) |
24 hours after receipt of the child into protective custody, excluding weekends and holidays, if the child is taken into protective custody; |
| (b) |
24 hours after the abuse, neglect, or dependency petition, as defined in Section 80-3-102, is filed, excluding weekends and holidays, if the child who is the subject of the abuse, neglect, or dependency petition will likely be taken into protective custody unless there is an expedited hearing and services ordered under the protective supervision of the juvenile court; or |
| (c) |
14 days after the day on which the abuse, neglect, or dependency petition, as defined in Section 80-3-102, is filed. |
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| (4) |
At a child protection team meeting, the division shall have available and the child protection team shall review the complete child protective services and foster care history of the child and the child’s parents and siblings. |
Renumbered and Amended by Chapter 334, 2022 General Session
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