Download Zipped Enrolled WP 9 HB0117.ZIP 5,005 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

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).

- 2 -


[Bill Documents][Bills Directory]