80-2a-301.  Division’s emergency placement of a child — Background checks.

(1)  The division may place a child in an emergency placement if:

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 80-2a-301

  • Abuse: means :
(i) 
(A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(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
  • 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:
    (a) marriage;
    (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
  • Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
  • Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  the child welfare caseworker makes the determination that:

    (i)  the child’s home is unsafe;

    (ii)  removal is necessary under Section 80-2a-202; and

    (iii)  the child’s custodial parent or guardian will agree to not remove the child from the home of the individual that serves as the placement and not have any contact with the child until after the time at which the shelter hearing is held under Section 80-3-301;

    (b)  an individual, with preference being given in accordance with Subsection (4), can be identified who has the ability and is willing to provide care for the child who would otherwise be placed in shelter care, including:

    (i)  taking the child to medical, mental health, dental, and educational appointments at the request of the division; and

    (ii)  making the child available to division services and the guardian ad litem; and

    (c)  the individual described in Subsection (1)(b) agrees to care for the child on an emergency basis under the following conditions:

    (i)  the individual meets the criteria for an emergency placement under Subsection (2);

    (ii)  the individual agrees to not allow the custodial parent or guardian to have any contact with the child until after the time at which the shelter hearing is held unless authorized by the division in writing;

    (iii)  the individual agrees to contact law enforcement and the division if the custodial parent or guardian attempts to make unauthorized contact with the child;

    (iv)  the individual agrees to allow the division and the child’s guardian ad litem to have access to the child;

    (v)  the individual is informed and understands that the division may continue to search for other possible placements for long-term care of the child, if needed;

    (vi)  the individual is willing to assist the custodial parent or guardian in reunification efforts at the request of the division, and to follow all court orders; and

    (vii)  the child is comfortable with the individual.

    • (2)  Except as provided in Subsection (4), before the day on which the division places a child in an emergency placement, the division:

    (a)  may request the name of a reference and may contact the reference to determine whether:

    (i)  the individual identified as a reference would place a child in the home of the emergency placement; and

    (ii)  there are any other relatives or friends to consider as a possible emergency or long-term placement for the child;

    (b)  in accordance with Subsection (4)(a), shall have the custodial parent or guardian sign an emergency placement agreement form during the investigation described in Subsection (2)(a);

    (c) 

    (i)  if the emergency placement will be with a relative, shall comply with the background check provisions described in Subsection (6); or

    (ii)  if the emergency placement will be with an individual other than a noncustodial parent or relative, shall comply with the background check provisions described in Subsection (7) for adults living in the household where the child will be placed;

    (d)  shall complete a limited home inspection of the home where the emergency placement is made; and

    (e)  shall require the child welfare caseworker to have the emergency placement approved by a supervisor designated by the division.

    (3) 

    (a)  The division shall apply the following order of preference when determining the person with whom a child will be placed in an emergency placement, provided that the individual is able and willing to care for the child:

    (i)  a noncustodial parent of the child in accordance with Section 80-3-302;

    (ii)  a relative;

    (iii)  subject to Subsection (3)(b), a friend designated by the custodial parent, guardian, or the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to a placement;

    (iv)  a former foster placement designated by the division;

    (v)  a foster placement, that is not a former foster placement, designated by the division; and

    (vi)  a shelter facility designated by the division.

    (b)  In determining whether a friend is a willing and appropriate temporary emergency placement for a child, the division:

    (i)  subject to Subsections (3)(b)(ii) through (iv), shall consider the child’s preferences or level of comfort with the friend;

    (ii)  is required to consider no more than one friend designated by each parent or legal guardian of the child and one friend designated by the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to a placement;

    (iii)  may limit the number of designated friends to two, one of whom shall be a friend designated by the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to a placement; and

    (iv)  shall give preference to a friend designated by the child, if:

    (A)  the child is of sufficient maturity to articulate the child’s wishes; and

    (B)  the division’s basis for removing the child under Section 80-2a-202 is sexual abuse of the child.

    (4) 

    (a)  The division may, pending the outcome of the investigation described in Subsections (4)(b) and (c), place a child in emergency placement with the child’s noncustodial parent if, based on a limited investigation before the day on which the division makes the emergency placement, the division:

    (i)  determines that the noncustodial parent has regular, unsupervised visitation with the child that is not prohibited by law or court order;

    (ii)  determines that there is not reason to believe that the child’s health or safety will be endangered during the emergency placement; and

    (iii)  has the custodial parent or guardian sign an emergency placement agreement.

    (b)  Either before or after the day on which the division makes an emergency placement with the noncustodial parent of the child, the division may conduct the investigation described in Subsection (2)(a) in relation to the noncustodial parent.

    (c)  Before, or within one day, excluding weekends and holidays, after the day on which the division places a child in an emergency placement with the noncustodial parent of the child, the division shall conduct a limited:

    (i)  background check of the noncustodial parent, under Subsection (6); and

    (ii)  inspection of the home where the emergency placement is made.

    (5)  After an emergency placement, the child welfare caseworker must:

    (a)  respond to the emergency placement’s calls within one hour after the call is received if the custodial parent or guardian attempts to make unauthorized contact with the child or attempts to remove the child from the emergency placement;

    (b)  complete all removal paperwork, including the notice provided to the child’s custodial parent or guardian under Section 80-3-301;

    (c)  if the child is not placed with a noncustodial parent, relative, or friend, file a report with the child welfare caseworker’s supervisor that explains why a different placement is in the child’s best interest;

    (d)  contact the attorney general to schedule a shelter hearing;

    (e)  complete the placement procedures required in Section 80-3-302; and

    (f)  continue to search for other relatives as a possible long-term placement for the child, if needed.

    (6) 

    (a)  The background check described in Subsections (2)(c)(i) and (4)(c)(i) shall include completion of:

    (i)  a name-based, Utah Bureau of Criminal Identification background check; and

    (ii)  a search of the Management Information System.

    (b)  The division shall determine whether an individual passes the background check described in Subsection (6)(a) in accordance with Section 26B-2-120.

    (c)  Notwithstanding Subsection (6)(b), the division may not place a child with an individual who is prohibited by court order from having access to the child.

    (7) 

    (a)  The background check described in Subsection (2)(c)(ii) shall include completion of:

    (i)  a name-based, Utah Bureau of Criminal Identification background check;

    (ii)  a federal name-based criminal background check; and

    (iii)  a search of the Management Information System.

    (b)  The division shall determine whether an individual passes the background check described in Subsection (7)(a) in accordance with Section 26B-2-120.

    (c)  If the division denies placement of a child as a result of a name-based criminal background check described in Subsection (7)(a), and the individual contests the denial, the individual shall submit a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check.

    (d) 

    (i)  Within 15 calendar days after the day on which the name-based background checks are completed, the division shall require the individual to provide a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check.

    (ii)  If the individual fails to provide the fingerprints and written permission described in Subsection (7)(d)(i), the child shall immediately be removed from the child’s home.

    Amended by Chapter 330, 2023 General Session

      Previous section
    Next section  
     Part 3 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT