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H.B. 303 Enrolled
LONG TITLE
General Description:
This bill amends Division of Child and Family Services child abuse, neglect, and
dependency investigation requirements.
Highlighted Provisions:
This bill:
. modifies the requirement to interview a child's parents or guardian;
. provides an exception to the unscheduled visit requirement under specified
circumstances;
. makes corrections to the terms "unsubstantiated" and "substantiated"; and
. makes other technical corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-4a-202.3, as last amended by Chapter 265, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-202.3 is amended to read:
62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
protective custody.
(1) When a child is taken into protective custody in accordance with Section
62A-4a-202.1 , 78-3a-106 , or 78-3a-301 , or when the division takes any other action which would
require a shelter hearing under Subsection 78-3a-306 (1), the division shall immediately initiate an
investigation of the circumstances of the minor and the facts surrounding the minor's being taken
into protective custody.
(2) (a) The division's investigation shall include, among other actions necessary to meet
reasonable professional standards:
[
involving the same child, any sibling or other child residing in that household, and the alleged
perpetrator;
[
the child outside of the presence of the alleged perpetrator, conducted in accordance with the
requirements of Subsection (7);
[
[
[
[
direct contact with the child, including school personnel and the child's health care provider;
[
(A) the division has reasonable cause to believe that the reported abuse was committed by
a person who is not the child's parent and does not:
[
[
(B) an unscheduled visit is not necessary to obtain evidence for the investigation; and
[
failure to meet the child's medical needs, a medical examination. That examination shall be
obtained no later than 24 hours after the child was placed in protective custody.
(3) The division may rely on a written report of a prior interview rather than conducting
an additional interview, if:
(a) law enforcement has previously conducted a timely and thorough investigation
regarding the alleged abuse [
(b) that investigation included one or more of the interviews required by Subsection (2);
and
(c) the division finds that an additional interview is not in the best interest of the child.
(4) (a) The division's determination of whether a report is [
[
(b) Inability to identify or locate the perpetrator may not be used by the division as a basis
for determining that a report is unsubstantiated, or for closing the case.
(c) The division may not determine a case to be [
a case as [
perpetrator.
(d) Decisions regarding whether a report is [
unsupported, or without merit shall be based on the facts of the case at the time the report was
made.
(5) The division should maintain protective custody of the child if it finds that one or
more of the following conditions exist:
(a) the minor has no natural parent, guardian, or responsible relative who is able and
willing to provide safe and appropriate care for the minor;
(b) shelter of the minor is a matter of necessity for the protection of the minor and there
are no reasonable means by which the minor can be protected in the minor's home or the home of
a responsible relative;
(c) there is substantial evidence that the parent or guardian is likely to flee the jurisdiction
of the court; or
(d) the minor has left a previously court ordered placement.
(6) (a) Within 24 hours after receipt of a child into protective custody, excluding
weekends and holidays, the division shall convene a child protection team to review the
circumstances regarding removal of the child from the child's home or school[
testimony and evidence that will be required of the division at the shelter hearing, in accordance
with Section 78-3a-306 .
(b) Members of [
(i) the caseworker assigned to the case and the caseworker who made the decision to
remove the child;
(ii) a representative of the school or school district in which the child attends school;
(iii) the peace officer who removed the child from the home;
(iv) a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(v) if appropriate, and known to the division, a therapist or counselor who is familiar with
the child's circumstances; and
(vi) any other individuals [
coordinator and chair.
(c) At [
consideration[
child's parents and siblings.
(7) After receipt of a child into protective custody and prior to the adjudication hearing,
all investigative interviews with the child that are initiated by the division shall be audio or video
taped, and the child shall be allowed to have a support person of the child's choice present. That
support person may not be an alleged perpetrator.
(8) The division shall cooperate with law enforcement investigations regarding the alleged
perpetrator.
(9) The division may not close an investigation solely on the grounds that the division
investigator is unable to locate the child[
child and family members. Those efforts include:
(a) visiting the home at times other than normal work hours;
(b) contacting local schools;
(c) contacting local, county, and state law enforcement agencies; and
(d) checking public assistance records.
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