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S.B. 111 Enrolled
This act modifies the Human Services Code by removing the requirement that allegations
of abuse and neglect of children in the custody of the Division of Child and Family Services
be investigated only by law enforcement officers. The act authorizes the division to contract
with independent child protective services investigators who shall have the same rights and
duties to investigate as a child protective investigator employed by the division.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-4a-202.5, as last amended by Chapter 282, Laws of Utah 1998
62A-4a-202.6, as enacted by Chapter 274, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-202.5 is amended to read:
62A-4a-202.5. Law enforcement investigation of alleged abuse in foster care.
[
Investigations of any report or allegation of abuse or neglect of a child that allegedly occurs while
the child is living in substitute care in the protective custody, temporary custody, or custody of the
division shall be conducted by:
(1) a law enforcement officer, as defined in Section 53-13-103 ; or
(2) a child protective services investigator under Section 62A-4a-202.6 .
Section 2. Section 62A-4a-202.6 is amended to read:
62A-4a-202.6. Child protective services investigators within attorney general's office
-- Authority.
(1) (a) Pursuant to Section 67-5-16 the attorney general may employ, with the consent of
the division, child protective services investigators to investigate reports of abuse or neglect of a
child that occur while the child is in the custody of the division.
(b) (i) Under the direction of the Board of Child and Family Services, the division shall, in
accordance with Subsection 62A-4a-409 (5), contract with an independent child protective service
investigator to investigate reports of abuse or neglect of a child that occur while the child is in the
custody of the division.
(ii) The executive director of the department shall designate an entity within the department,
other than the division, to monitor the contract for the investigators described in Subsection (1)(b)(i).
(2) The investigators 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) The investigators described in Subsection (1), if not peace officers, shall have the same
rights, duties, and authority of a child protective services investigator employed by the division to:
(a) make a thorough investigation upon receiving either an oral or written report of alleged
abuse or neglect of a child, with the primary purpose of that 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 their investigation, including determination regarding whether
the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and forward a copy
of that report to the division within the time mandates for investigations established by the division;
(d) immediately consult with school authorities to verify the child's status in accordance with
Sections 53A-11-101 through 53A-11-103 when a report is based upon or includes an allegation of
educational neglect;
(e) enter upon public or private premises, using appropriate legal processes, to investigate
reports of alleged child abuse or neglect; and
(f) take a child into protective custody, and deliver the child to a law enforcement officer,
or to the division. Control and jurisdiction over the child shall be determined by the provisions of
Title 62A, Chapter 4a, Part 2, Child Welfare Services, Title 78, Chapter 3a, Juvenile Courts, and as
otherwise provided by law.
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