H.B. 117 Enrolled

AMENDING THE GROUNDS FOR TAKING A
CHILD INTO PROTECTIVE CUSTODY
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Thomas V. Hatch
This act modifies the requirements for taking a child into protective custody when child
abuse is suspected. This act requires a court-ordered warrant to take a child into protective
custody except in limited circumstances.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-4a-202.1, as last amended by Chapter 274, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-202.1 is amended to read:
62A-4a-202.1. Taking a child into protective custody -- Peace officer -- Division of
Child and Family Services caseworker.
(1) [Any peace officer may, without a warrant, take a minor into protective custody when
the officer has substantial cause to believe that any of the factors described in Section 78-3a-301
exist.] A state officer, peace officer, or child welfare worker may not remove a child from the
child's home or school, or take a child into protective custody without a warrant or court order
issued under Section 78-3a-106 unless:
(a) the state officer, peace officer, or child welfare worker has reasonable grounds to
believe that the exigent circumstances described in Section 78-3a-301 , which defines substantial
danger to a child's health or safety, exist; and
(b) the removal of the child or placement of the child into protective custody is not
motivated purely by an intent to seize or obtain evidence unrelated to the potential abuse or neglect
allegation.
(2) (a) A child welfare worker within the Division of Child and Family Services may take
and maintain protective custody of a minor, without a warrant, in accordance with the requirements
of this section and Section 78-3a-301 when accompanied by a peace officer, or without a peace

officer, when a peace officer is not reasonably available.
(b) If possible, consistent with the child's safety and welfare, before taking a child into
protective custody, the worker shall also determine whether there are services reasonably available
to the worker which, if provided to the minor's parent or to the minor, would eliminate the need to
remove the minor from the custody of his parent in accordance with the provisions and limitations
of Section 78-3a-301 . If those services are reasonably available, they shall be utilized. In
determining whether services are reasonably available, and in making reasonable efforts to provide
those services, the child's health, safety, and welfare shall be the worker's paramount concern.
(c) (i) Except as provided in Subsection (2)(c)(ii), if a child welfare worker determines that
there is substantial cause to believe that one or more of the factors described in Section 78-3a-301
exist and determines, pursuant to Subsection (2)(b), that services are not reasonably available to
eliminate the need for removal, the child welfare worker may proceed with removal of the child after
the worker has reviewed the reasons for removal and other available options with a family services
specialist within the division.
(ii) The provisions of Subsection (2)(c)(i) requiring a family services specialist's review prior
to removal of a child do not apply and are not necessary if, in the child welfare worker's opinion, that
process would create a delay that may endanger the health, safety, or welfare of the child.
(iii) From its existing staff, the division shall train and appoint family services specialists
who are available 24 hours a day, seven days a week, to perform the duties described in Subsection
(2)(c)(i).

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