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H.B. 117

             1     

AMENDING THE GROUNDS FOR TAKING A

             2     
CHILD INTO PROTECTIVE CUSTODY

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Thomas V. Hatch

             6      This act modifies the requirements for taking a child into protective custody when child
             7      abuse is suspected. This act requires a court-ordered warrant to take a child into protective
             8      custody except in limited circumstances. This act requires the standard of reasonable basis
             9      approaching probable cause for action without a warrant.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          62A-4a-202.1, as last amended by Chapter 274, Laws of Utah 2000
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 62A-4a-202.1 is amended to read:
             15           62A-4a-202.1. Taking a child into protective custody -- Peace officer -- Division of
             16      Child and Family Services caseworker.
             17          (1) [Any peace officer may, without a warrant, take a minor into protective custody when
             18      the officer has substantial cause to believe that any of the factors described in Section 78-3a-301
             19      exist.] A state officer, peace officer, or child welfare worker may not remove a child from the
             20      child's home or school, or take a child into protective custody without a warrant or court order
             21      issued under Section 78-3a-106 unless:
             22          (a) the state officer, peace officer, or child welfare worker has reasonable grounds to
             23      believe that the exigent circumstances described in Section 78-3a-301 exist and pose a substantial
             24      danger to the physical health or safety of the child; and
             25          (b) the removal of the child or placement of the child into protective custody is not
             26      motivated purely by an intent to seize or obtain evidence unrelated to the potential abuse or neglect
             27      allegation.


             28          (2) (a) A child welfare worker within the Division of Child and Family Services may take
             29      and maintain protective custody of a minor, without a warrant, in accordance with the requirements
             30      of this section and Section 78-3a-301 when accompanied by a peace officer, or without a peace
             31      officer, when a peace officer is not reasonably available.
             32          (b) If possible, consistent with the child's safety and welfare, before taking a child into
             33      protective custody, the worker shall also determine whether there are services reasonably available
             34      to the worker which, if provided to the minor's parent or to the minor, would eliminate the need
             35      to remove the minor from the custody of his parent in accordance with the provisions and
             36      limitations of Section 78-3a-301 . If those services are reasonably available, they shall be utilized.
             37      In determining whether services are reasonably available, and in making reasonable efforts to
             38      provide those services, the child's health, safety, and welfare shall be the worker's paramount
             39      concern.
             40          (c) (i) Except as provided in Subsection (2)(c)(ii), if a child welfare worker determines that
             41      there is substantial cause to believe that one or more of the factors described in Section 78-3a-301
             42      exist and determines, pursuant to Subsection (2)(b), that services are not reasonably available to
             43      eliminate the need for removal, the child welfare worker may proceed with removal of the child
             44      after the worker has reviewed the reasons for removal and other available options with a family
             45      services specialist within the division.
             46          (ii) The provisions of Subsection (2)(c)(i) requiring a family services specialist's review
             47      prior to removal of a child do not apply and are not necessary if, in the child welfare worker's
             48      opinion, that process would create a delay that may endanger the health, safety, or welfare of the
             49      child.
             50          (iii) From its existing staff, the division shall train and appoint family services specialists
             51      who are available 24 hours a day, seven days a week, to perform the duties described in Subsection
             52      (2)(c)(i).




Legislative Review Note
    as of 1-22-01 2:27 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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