S.B. 111

1

CONFLICT OF INTEREST INVESTIGATIONS
2 INTO ALLEGATION OF CHILD ABUSE OR
3 NEGLECT
4 2001 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: D. Chris Buttars
7 This act modifies the Human Services Code by removing the requirement that allegations
8 of abuse and neglect of children in the custody of the Division of Child and Family Services
9 be investigated only by law enforcement officers. The act authorizes the division to contract
10 with independent child protective services investigators who shall have the same rights and
11 duties to investigate as a child protective investigator employed by the division.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 62A-4a-202.5, as last amended by Chapter 282, Laws of Utah 1998
15 62A-4a-202.6, as enacted by Chapter 274, Laws of Utah 1998
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 62A-4a-202.5 is amended to read:
18 62A-4a-202.5. Law enforcement investigation of alleged abuse in foster care.
19 [A law enforcement officer, as defined in Section 53-13-103 , shall investigate]
20 Investigations of any report or allegation of abuse or neglect of a child that allegedly occurs while
21 the child is living in substitute care in the protective custody, temporary custody, or custody of the
22 division shall be conducted by:
23 (1) a law enforcement officer, as defined in Section 53-13-103 ; or
24 (2) a child protective services investigator under Section 62A-4a-202.6 .
25 Section 2. Section 62A-4a-202.6 is amended to read:
26 62A-4a-202.6. Child protective services investigators within attorney general's office
27 -- Authority.

28 (1) (a) Pursuant to Section 67-5-16 the attorney general may employ, with the consent of
29 the division, child protective services investigators to investigate reports of abuse or neglect of a
30 child that occur while the child is in the custody of the division.
31 (b) The division may, in accordance with Subsection 62A-4a-409 (5), contract with an
32 independent child protective service investigator to investigate reports of abuse or neglect of a
33 child that occur while the child is in the custody of the division.
34 (2) The investigators described in Subsection (1) may also investigate allegations of abuse
35 or neglect of a child by a department employee or a licensed substitute care provider.
36 (3) The investigators described in Subsection (1), if not peace officers, shall have the same
37 rights, duties, and authority of a child protective services investigator employed by the division to:
38 (a) make a thorough investigation upon receiving either an oral or written report of alleged
39 abuse or neglect of a child, with the primary purpose of that investigation being the protection of
40 the child;
41 (b) make an inquiry into the child's home environment, emotional, or mental health, the
42 nature and extent of the child's injuries, and the child's physical safety;
43 (c) make a written report of their investigation, including determination regarding whether
44 the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and forward a
45 copy of that report to the division within the time mandates for investigations established by the
46 division;
47 (d) immediately consult with school authorities to verify the child's status in accordance
48 with Sections 53A-11-101 through 53A-11-103 when a report is based upon or includes an
49 allegation of educational neglect;
50 (e) enter upon public or private premises, using appropriate legal processes, to investigate
51 reports of alleged child abuse or neglect; and
52 (f) take a child into protective custody, and deliver the child to a law enforcement officer,
53 or to the division. Control and jurisdiction over the child shall be determined by the provisions
54 of Title 62A, Chapter 4a, Part 2, Child Welfare Services, Title 78, Chapter 3a, Juvenile Courts, and
55 as otherwise provided by law.

Legislative Review Note
as of 1-11-01 10:42 AM

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

Office of Legislative Research and General Counsel