This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 14, 2017 at 11:29 AM by lpoole.
Senator Lincoln Fillmore proposes the following substitute bill:


1     
CHILD WELFARE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Robert M. Spendlove

6     

7     LONG TITLE
8     General Description:
9           This bill amends and enacts provisions concerning child and family services.
10     Highlighted Provisions:
11          This bill:
12          ▸      defines terms;
13          ▸     provides that a chief of police or a sheriff may create a child protection unit;
14          ▸     permits the Division of Child and Family Services (the division) to include
15     members of a child protection unit as part of a child protection team when the
16     division takes a child into custody or files a petition to commence proceedings in
17     juvenile court alleging that a child is abused or neglected;
18          ▸     permits the division to include members of a child protection unit in the child
19     protection team that assists the division in the division's protective, diagnostic,
20     assessment, treatment, and coordination services;
21          ▸     establishes a child protection unit pilot program;
22          ▸     provides for sunset review of the child protection unit pilot program before it is
23     repealed on December 31, 2019; and
24          ▸     ensures that the division may make records that are the result of a child abuse or
25     neglect report available to members of a child protection unit.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          10-3-913, as last amended by Laws of Utah 2002, Chapter 219
33          17-22-2, as last amended by Laws of Utah 2014, Chapter 366
34          62A-4a-101, as last amended by Laws of Utah 2009, Chapter 75
35          62A-4a-202.3, as last amended by Laws of Utah 2008, Chapter 3
36          62A-4a-202.8, as last amended by Laws of Utah 2008, Chapter 3
37          62A-4a-409, as last amended by Laws of Utah 2010, Chapter 239
38          62A-4a-412, as last amended by Laws of Utah 2016, Chapter 144
39          63I-1-262, as last amended by Laws of Utah 2016, Chapter 231
40          78A-6-322, as renumbered and amended by Laws of Utah 2008, Chapter 3
41     ENACTS:
42          62A-4a-202.9, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 10-3-913 is amended to read:
46          10-3-913. Authority of chief of police.
47          (1) The chief of police has the same authority as the sheriff within the boundaries of
48     the municipality of appointment. The chief has authority to:
49          (a) suppress riots, disturbances, and breaches of the peace;
50          (b) apprehend all persons violating state laws or city ordinances;
51          (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
52     peace, good order, and protection of the rights and property of all persons; [and]
53          (d) attend the municipal justice court located within the city when required, provide
54     security for the court, and obey its orders and directions[.]; and
55          (e) create a child protection unit, as defined in Section 62A-4a-101.
56          (2) This section is not a limitation of a police chief's statewide authority as otherwise
57     provided by law.
58          (3) The chief of police shall, on or before January 1, 2003, adopt a written policy that
59     prohibits the stopping, detention, or search of any person when the action is solely motivated
60     by considerations of race, color, ethnicity, age, or gender.
61          Section 2. Section 17-22-2 is amended to read:
62          17-22-2. Sheriff -- General duties.
63          (1) The sheriff shall:
64          (a) preserve the peace;
65          (b) make all lawful arrests;
66          (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
67     required or when the court is held within his county, all courts of record, and court
68     commissioner and referee sessions held within his county, obey their lawful orders and
69     directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
70     Administration;
71          (d) upon request of the juvenile court, aid the court in maintaining order during
72     hearings and transport a minor to and from youth corrections facilities, other institutions, or
73     other designated places;
74          (e) attend county justice courts if the judge finds that the matter before the court
75     requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
76     custody, or for the custody of jurors;
77          (f) command the aid of as many inhabitants of his county as he considers necessary in
78     the execution of these duties;
79          (g) take charge of and keep the county jail and the jail prisoners;
80          (h) receive and safely keep all persons committed to his custody, file and preserve the
81     commitments of those persons, and record the name, age, place of birth, and description of
82     each person committed;
83          (i) release on the record all attachments of real property when the attachment he
84     receives has been released or discharged;
85          (j) endorse on all process and notices the year, month, day, hour, and minute of
86     reception, and, upon payment of fees, issue a certificate to the person delivering process or
87     notice showing the names of the parties, title of paper, and the time of receipt;
88          (k) serve all process and notices as prescribed by law;
89          (l) if he makes service of process or notice, certify on the process or notices the
90     manner, time, and place of service, or, if he fails to make service, certify the reason upon the
91     process or notice, and return them without delay;
92          (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
93     land within his county;
94          (n) perform as required by any contracts between the county and private contractors for
95     management, maintenance, operation, and construction of county jails entered into under the
96     authority of Section 17-53-311;
97          (o) for the sheriff of a county that enters into an interlocal agreement for law
98     enforcement service under Title 11, Chapter 13, Interlocal Cooperation Act, provide law
99     enforcement service as provided in the interlocal agreement;
100          (p) manage search and rescue services in his county;
101          (q) obtain saliva DNA specimens as required under Section 53-10-404;
102          (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
103     detention, or search of any person when the action is solely motivated by considerations of
104     race, color, ethnicity, age, or gender; [and]
105          (s) create a child protection unit, as defined in Section 62A-4a-101, if the sheriff
106     determines that creation of a child protection unit is warranted; and
107          [(s)] (t) perform any other duties that are required by law.
108          (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
109     subsection under Subsection (1) is a class A misdemeanor.
110          (3) (a) As used in this Subsection (3):
111          (i) "Police interlocal entity" has the same meaning as defined in Sections 17-30-3 and
112     17-30a-102.
113          (ii) "Police local district" has the same meaning as defined in Section 17-30-3.
114          (b) A sheriff in a county which includes within its boundary a police local district or
115     police interlocal entity, or both:
116          (i) serves as the chief executive officer of each police local district and police interlocal
117     entity within the county with respect to the provision of law enforcement service within the
118     boundary of the police local district or police interlocal entity, respectively; and
119          (ii) is subject to the direction of the police local district board of trustees or police
120     interlocal entity governing body, as the case may be, as and to the extent provided by
121     agreement between the police local district or police interlocal entity, respectively, and the
122     sheriff.
123          (c) If a police interlocal entity or police local district enters an interlocal agreement
124     with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
125     service, the sheriff:
126          (i) does not serve as the chief executive officer of any interlocal entity created under
127     that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
128     executive officer; and
129          (ii) shall provide law enforcement service under that interlocal agreement as provided
130     in the agreement.
131          Section 3. Section 62A-4a-101 is amended to read:
132          62A-4a-101. Definitions.
133          As used in this chapter:
134          (1) "Abuse" [is as] means the same as that term is defined in Section 78A-6-105.
135          (2) "Adoption services" means:
136          (a) placing children for adoption;
137          (b) subsidizing adoptions under Section 62A-4a-105;
138          (c) supervising adoption placements until the adoption is finalized by the court;
139          (d) conducting adoption studies;
140          (e) preparing adoption reports upon request of the court; and
141          (f) providing postadoptive placement services, upon request of a family, for the
142     purpose of stabilizing a possible disruptive placement.
143          (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
144     Children, a person under 18 years of age.
145          (4) "Child protection team" means a team consisting of:
146          (a) the caseworker assigned to the case;
147          (b) the caseworker who made the decision to remove the child;
148          (c) a representative of the school or school district where the child attends school;
149          (d) the peace officer who removed the child from the home;
150          (e) a representative of the appropriate Children's Justice Center, if one is established
151     within the county where the child resides;
152          (f) if appropriate, and known to the division, a therapist or counselor who is familiar
153     with the child's circumstances;
154          (g) members of a child protection unit; and
155          (h) any other individuals determined appropriate and necessary by the team coordinator
156     and chair.
157          (5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
158     city, town, metro township, or county that is composed of at least the following individuals
159     who are trained in the prevention, identification, and treatment of abuse or neglect:
160          (a) a law enforcement officer, as defined in Section 53-13-103; and
161          (b) a child advocate selected by the chief of police or a sheriff.
162          [(5)] (6) "Chronic abuse" means repeated or patterned abuse.
163          [(6)] (7) "Chronic neglect" means repeated or patterned neglect.
164          (8) "Consult" means an interaction between two persons in which the initiating person:
165          (a) provides information to another person;
166          (b) provides the other person an opportunity to respond; and
167          (c) takes the other person's response, if any, into consideration.
168          [(4)] (9) "Consumer" means a person who receives services offered by the division in
169     accordance with this chapter.
170          [(7)] (10) "Custody," with regard to the division, means the custody of a minor in the
171     division as of the date of disposition.
172          [(8)] (11) "Day-care services" means care of a child for a portion of the day which is
173     less than 24 hours:
174          (a) in the child's own home by a responsible person; or
175          (b) outside of the child's home in a:
176          (i) day-care center;
177          (ii) family group home; or
178          (iii) family child care home.
179          [(9)] (12) "Dependent child" or "dependency" means a child, or the condition of a
180     child, who is homeless or without proper care through no fault of the child's parent, guardian,
181     or custodian.
182          [(10)] (13) "Director" means the director of the Division of Child and Family Services.
183          [(11)] (14) "Division" means the Division of Child and Family Services.
184          [(12)] (15) "Domestic violence services" means:
185          (a) temporary shelter, treatment, and related services to:
186          (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
187          (ii) the dependent children of a person described in Subsection (12)(a)(i); and
188          (b) treatment services for a person who is alleged to have committed, has been
189     convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
190          [(13)] (16) "Harm" [is as] means the same as that term is defined in Section
191     78A-6-105.
192          [(14)] (17) "Homemaking service" means the care of individuals in their domiciles, and
193     help given to individual caretaker relatives to achieve improved household and family
194     management through the services of a trained homemaker.
195          [(15)] (18) "Incest" [is as] means the same as that term is defined in Section
196     78A-6-105.
197          [(16)] (19) "Minor" means, except as provided in Part 7, Interstate Compact on
198     Placement of Children:
199          (a) a child; or
200          (b) a person:
201          (i) who is at least 18 years of age and younger than 21 years of age; and
202          (ii) for whom the division has been specifically ordered by the juvenile court to provide
203     services.
204          [(17)] (20) "Molestation" [is as] means the same as that term is defined in Section
205     78A-6-105.
206          (21) "Mutual case" means a case that has been:
207          (a) opened by the division under the division's discretion and procedures;
208          (b) opened by the law enforcement agency with jurisdiction over the case; and
209          (c) accepted for investigation by the child protection unit established by the chief of
210     police or sheriff, as applicable.
211          [(18)] (22) "Natural parent" means a minor's biological or adoptive parent, and
212     includes a minor's noncustodial parent.
213          [(19)] (23) "Neglect" [is as] means the same as that term is defined in Section
214     78A-6-105.
215          [(20)] (24) "Protective custody," with regard to the division, means the shelter of a
216     child by the division from the time the child is removed from the child's home until the earlier
217     of:
218          (a) the shelter hearing; or
219          (b) the child's return home.
220          [(21)] (25) "Protective services" means expedited services that are provided:
221          (a) in response to evidence of neglect, abuse, or dependency of a child;
222          (b) to a cohabitant who is neglecting or abusing a child, in order to:
223          (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
224     causes of neglect or abuse; and
225          (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
226          (c) in cases where the child's welfare is endangered:
227          (i) to bring the situation to the attention of the appropriate juvenile court and law
228     enforcement agency;
229          (ii) to cause a protective order to be issued for the protection of the child, when
230     appropriate; and
231          (iii) to protect the child from the circumstances that endanger the child's welfare
232     including, when appropriate:
233          (A) removal from the child's home;
234          (B) placement in substitute care; and
235          (C) petitioning the court for termination of parental rights.
236          [(22)] (26) "Severe abuse" [is as] means the same as that term is defined in Section
237     78A-6-105.
238          [(23)] (27) "Severe neglect" [is as] means the same as that term is defined in Section
239     78A-6-105.
240          [(24)] (28) "Sexual abuse" [is as] means the same as that term is defined in Section
241     78A-6-105.
242          [(25)] (29) "Sexual exploitation" [is as] means the same as that term is defined in
243     Section 78A-6-105.
244          [(26)] (30) "Shelter care" means the temporary care of a minor in a nonsecure facility.
245          [(27)] (31) "State" means:
246          (a) a state of the United States;
247          (b) the District of Columbia;
248          (c) the Commonwealth of Puerto Rico;
249          (d) the Virgin Islands;
250          (e) Guam;
251          (f) the Commonwealth of the Northern Mariana Islands; or
252          (g) a territory or possession administered by the United States.
253          [(28)] (32) "State plan" means the written description of the programs for children,
254     youth, and family services administered by the division in accordance with federal law.
255          [(29)] (33) "Status offense" means a violation of the law that would not be a violation
256     but for the age of the offender.
257          [(30)] (34) "Substance abuse" [is as] means the same as that term is defined in Section
258     78A-6-105.
259          [(31)] (35) "Substantiated" or "substantiation" means a judicial finding based on a
260     preponderance of the evidence that abuse or neglect occurred. Each allegation made or
261     identified in a given case shall be considered separately in determining whether there should be
262     a finding of substantiated.
263          [(32)] (36) "Substitute care" means:
264          (a) the placement of a minor in a family home, group care facility, or other placement
265     outside the minor's own home, either at the request of a parent or other responsible relative, or
266     upon court order, when it is determined that continuation of care in the minor's own home
267     would be contrary to the minor's welfare;
268          (b) services provided for a minor awaiting placement; and
269          (c) the licensing and supervision of a substitute care facility.
270          [(33)] (37) "Supported" means a finding by the division based on the evidence
271     available at the completion of an investigation that there is a reasonable basis to conclude that
272     abuse, neglect, or dependency occurred. Each allegation made or identified during the course
273     of the investigation shall be considered separately in determining whether there should be a
274     finding of supported.
275          [(34)] (38) "Temporary custody," with regard to the division, means the custody of a
276     child in the division from the date of the shelter hearing until disposition.
277          [(35)] (39) "Transportation services" means travel assistance given to an individual
278     with escort service, if necessary, to and from community facilities and resources as part of a
279     service plan.
280          [(36)] (40) "Unsubstantiated" means a judicial finding that there is insufficient
281     evidence to conclude that abuse or neglect occurred.
282          [(37)] (41) "Unsupported" means a finding at the completion of an investigation that
283     there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
284     However, a finding of unsupported means also that the division worker did not conclude that
285     the allegation was without merit.
286          [(38)] (42) "Without merit" means a finding at the completion of an investigation by
287     the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
288     or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
289          Section 4. Section 62A-4a-202.3 is amended to read:
290          62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
291     protective custody.
292          (1) When a child is taken into protective custody in accordance with Section
293     62A-4a-202.1, 78A-6-106, or 78A-6-302, or when the division takes any other action [which]
294     that would require a shelter hearing under Subsection 78A-6-306(1), the division shall
295     immediately initiate an investigation of the:
296          (a) circumstances of the child; and
297          (b) grounds upon which the decision to place the child into protective custody was
298     made.
299          (2) The division's investigation shall conform to reasonable professional standards, and
300     shall include:
301          (a) a search for and review of any records of past reports of abuse or neglect involving:
302          (i) the same child;
303          (ii) any sibling or other child residing in the same household as the child; and
304          (iii) the alleged perpetrator;
305          (b) with regard to a child who is five years of age or older, a personal interview with
306     the child:
307          (i) outside of the presence of the alleged perpetrator; and
308          (ii) conducted in accordance with the requirements of Subsection (7);
309          (c) if a parent or guardian can be located, an interview with at least one of the child's
310     parents or guardian;
311          (d) an interview with the person who reported the abuse, unless the report was made
312     anonymously;
313          (e) where possible and appropriate, interviews with other third parties who have had
314     direct contact with the child, including:
315          (i) school personnel; and
316          (ii) the child's health care provider;
317          (f) an unscheduled visit to the child's home, unless:
318          (i) there is a reasonable basis to believe that the reported abuse was committed by a
319     person who:
320          (A) is not the child's parent; and
321          (B) does not:
322          (I) live in the child's home; or
323          (II) otherwise have access to the child in the child's home; or
324          (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
325          (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
326     failure to meet the child's medical needs, a medical examination, obtained no later than 24
327     hours after the child is placed in protective custody.
328          (3) The division may rely on a written report of a prior interview rather than
329     conducting an additional interview, if:
330          (a) law enforcement:
331          (i) previously conducted a timely and thorough investigation regarding the alleged
332     abuse, neglect, or dependency; and
333          (ii) produced a written report;
334          (b) the investigation described in Subsection (3)(a)(i) included one or more of the
335     interviews required by Subsection (2); and
336          (c) the division finds that an additional interview is not in the best interest of the child.
337          (4) (a) The division's determination of whether a report is supported or unsupported
338     may be based on the child's statements alone.
339          (b) Inability to identify or locate the perpetrator may not be used by the division as a
340     basis for:
341          (i) determining that a report is unsupported; or
342          (ii) closing the case.
343          (c) The division may not determine a case to be unsupported or identify a case as
344     unsupported solely because the perpetrator was an out-of-home perpetrator.
345          (d) Decisions regarding whether a report is supported, unsupported, or without merit
346     shall be based on the facts of the case at the time the report was made.
347          (5) The division should maintain protective custody of the child if it finds that one or
348     more of the following conditions exist:
349          (a) the child does not have a natural parent, guardian, or responsible relative who is
350     able and willing to provide safe and appropriate care for the child;
351          (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
352          (ii) there are no reasonable means by which the child can be protected in:
353          (A) the child's home; or
354          (B) the home of a responsible relative;
355          (c) there is substantial evidence that the parent or guardian is likely to flee the
356     jurisdiction of the court; or
357          (d) the child has left a previously court ordered placement.
358          (6) (a) Within 24 hours after receipt of a child into protective custody, excluding
359     weekends and holidays, the division shall:
360          (i) convene a child protection team to review the circumstances regarding removal of
361     the child from the child's home or school; and
362          (ii) prepare the testimony and evidence that will be required of the division at the
363     shelter hearing, in accordance with Section 78A-6-306.
364          [(b) The child protection team described in Subsection (6)(a)(i) shall include:]
365          [(i) the caseworker assigned to the case;]
366          [(ii) the caseworker who made the decision to remove the child;]
367          [(iii) a representative of the school or school district where the child attends school;]
368          [(iv) the peace officer who removed the child from the home;]
369          [(v) a representative of the appropriate Children's Justice Center, if one is established
370     within the county where the child resides;]
371          [(vi) if appropriate, and known to the division, a therapist or counselor who is familiar
372     with the child's circumstances; and]
373          [(vii) any other individuals determined appropriate and necessary by the team
374     coordinator and chair.]
375          (b) The child protection team may include members of a child protection unit.
376          (c) At the 24-hour meeting, the division shall have available for review and
377     consideration the complete child protective services and foster care history of the child and the
378     child's parents and siblings.
379          (7) (a) After receipt of a child into protective custody and prior to the adjudication
380     hearing, all investigative interviews with the child that are initiated by the division shall be:
381          (i) except as provided in Subsection (7)(b), audio or video taped; and
382          (ii) except as provided in Subsection (7)(c), conducted with a support person of the
383     child's choice present.
384          (b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may
385     be conducted without being taped if the child:
386          (A) is at least nine years old;
387          (B) refuses to have the interview audio taped; and
388          (C) refuses to have the interview video taped.
389          (ii) If, pursuant to Subsection (7)(b)(i), an interview is conducted without being taped,
390     the child's refusal shall be documented, as follows:
391          (A) the interviewer shall attempt to get the child's refusal on tape, including the reasons
392     for the refusal; or
393          (B) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
394     interviewer shall:
395          (I) state on the tape that the child is present, but has refused to have the interview,
396     refusal, or the reasons for the refusal taped; or
397          (II) if complying with Subsection (7)(b)(ii)(B)(I) will result in the child, who would
398     otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
399     document, in writing, that the child refused to allow the interview to be taped and the reasons
400     for that refusal.
401          (iii) The division shall track the number of interviews under this Subsection (7) that are
402     not taped, and the number of refusals that are not taped, for each interviewer, in order to
403     determine whether a particular interviewer has a higher incidence of refusals, or taped refusals,
404     than other interviewers.
405          (c) (i) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
406     interview of a child may not be an alleged perpetrator.
407          (ii) Subsection (7)(a)(ii) does not apply if the child refuses to have a support person
408     present during the interview.
409          (iii) If a child described in Subsection (7)(c)(ii) refuses to have a support person
410     present in the interview, the interviewer shall document, in writing, the refusal and the reasons
411     for the refusal.
412          (iv) The division shall track the number of interviews under this Subsection (7) where
413     a child refuses to have a support person present for each interviewer, in order to determine
414     whether a particular interviewer has a higher incidence of refusals than other interviewers.
415          (8) The division shall cooperate with law enforcement investigations and with a child
416     protection unit, if applicable, regarding the alleged perpetrator.
417          (9) The division may not close an investigation solely on the grounds that the division
418     investigator is unable to locate the child until all reasonable efforts have been made to locate
419     the child and family members including:
420          (a) visiting the home at times other than normal work hours;
421          (b) contacting local schools;
422          (c) contacting local, county, and state law enforcement agencies; and
423          (d) checking public assistance records.
424          Section 5. Section 62A-4a-202.8 is amended to read:
425          62A-4a-202.8. Child protection team meeting -- Timing.
426          (1) Subject to Subsection (2), if the division files a petition under Section 78A-6-304,
427     the division shall convene a child protection team meeting to:
428          (a) review the circumstances of the filing of the petition; and
429          (b) develop or review implementation of a safety plan to protect the child from further
430     abuse, neglect, or dependency.
431          (2) The child protection team meeting required under Subsection (1) shall be held
432     within the shorter of:
433          (a) 14 days of the day on which the petition is filed under Section 78A-6-304 if the
434     conditions of Subsection (2)(b) or (c) are not met;
435          (b) 24 hours of the filing of the petition under Section 78A-6-304, excluding weekends
436     and holidays, if the child who is the subject of the petition will likely be taken into protective
437     custody unless there is an expedited hearing and services ordered under the protective
438     supervision of the court; or
439          (c) 24 hours after receipt of a child into protective custody, excluding weekends and
440     holidays, if the child is taken into protective custody as provided in Section 62A-4a-202.3.
441          (3) The child protection team [shall] may include [as many persons under Subsection
442     62A-4a-202.3(6)(b) as appropriate.] members of a child protection unit.
443          (4) At its meeting the child protection team shall review the complete child protective
444     services and foster care history of the child and the child's parents and siblings.
445          Section 6. Section 62A-4a-202.9 is enacted to read:
446          62A-4a-202.9. Child protection unit pilot program.
447          (1) The division shall establish and operate, as funding allows, a child protection unit
448     pilot program in up to three areas of the state where a local government has established a child
449     protection unit.
450          (2) The child protection unit pilot program is established to improve communications
451     between a child protection unit and the division in the division's management of child welfare
452     matters and to strengthen the state's child welfare system.
453          (3) The pilot program may include:
454          (a) involving a child protection unit in the child protection team during the division's
455     investigation when a child is taken into protective custody, as described in Section
456     62A-4a-202.3;
457          (b) involving a child protection unit in the child protection team meetings, as described
458     in Section 62A-4a-202.8;
459          (c) involving a child protection unit in the division's protective, diagnostic, assessment,
460     treatment, and coordination services, as described in Section 62A-4a-409; or
461          (d) receiving referrals, reports, or other information from a child protection unit about a
462     child protection unit's investigations of cases that may involve abuse, neglect, or dependency of
463     a child.
464          (4) The division shall consult with a child protection unit before the division closes a
465     mutual case.
466          (5) The child protection unit shall notify the division if the child protection unit closes
467     an investigation related to a mutual case.
468          (6) The division and the child protection unit shall coordinate on mutual cases at least
469     once every month.
470          (7) Subject to Section 62A-4a-412, while in meetings or while coordinating with the
471     child protection unit about a mutual case, the division shall grant the child protection unit
472     access to the division's information or records on the mutual case.
473          (8) A child protection unit may share case-specific information obtained from the
474     division with members of a Ŝ→ [multi-disciplinary] multidisciplinary team ←Ŝ that is:
475          (a) assembled by the child protection unit for a particular case;
476          (b) assembled when a case demonstrates:
477          (i) the likelihood of severe child abuse or neglect; or
478          (ii) a high risk of repetition as evidenced by previous involvements with law
479     enforcement;
480          (c) assembled for the purpose of information sharing and identification of resources,
481     services, or actions that are in the best interest of the child or the child's family; and
482          (d) composed of:
483          (i) a victim advocate;
484          (ii) a therapist;
485          (iii) a representative of the child's school district; or
486          (iv) another individual that the child protection unit designates as valuable to provide
487     necessary services to the child or the family of the child.
488          (9) The division and the child protection unit shall collect data on the effectiveness of
489     the pilot program in strengthening the state's child welfare system and shall report the data to
490     the Child Welfare Legislative Oversight Committee on or before November 30 of each year
491     that the pilot program is in effect.
492          Section 7. Section 62A-4a-409 is amended to read:
493          62A-4a-409. Investigation by division -- Temporary protective custody --
494     Preremoval interviews of children.
495          (1) (a) The division shall make a thorough preremoval investigation upon receiving
496     either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
497     dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal
498     alcohol syndrome, or fetal drug dependency exists.
499          (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
500     protection of the child.
501          (2) The preremoval investigation described in Subsection (1)(a) shall include the same
502     investigative requirements described in Section 62A-4a-202.3.
503          (3) The division shall make a written report of its investigation that shall include a
504     determination regarding whether the alleged abuse or neglect is supported, unsupported, or
505     without merit.
506          (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
507     with reports made under this part.
508          (b) [For this purpose, the] The division shall convene [appropriate interdisciplinary "] a
509     child protection [teams"] team to assist [it in its] the division in the division's protective,
510     diagnostic, assessment, treatment, and coordination services.
511          (c) The division may include members of a child protection unit in the division's
512     protective, diagnostic, assessment, treatment, and coordination services.
513          [(c)] (d) A representative of the division shall serve as the team's coordinator and chair.
514     Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
515     shall include representatives of:
516          (i) health, mental health, education, and law enforcement agencies;
517          (ii) the child;
518          (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
519     and
520          (iv) other appropriate agencies or individuals.
521          (5) If a report of neglect is based upon or includes an allegation of educational neglect,
522     the division shall immediately consult with school authorities to verify the child's status in
523     accordance with Sections 53A-11-101 through 53A-11-103.
524          (6) When the division completes its initial investigation under this part, it shall give
525     notice of that completion to the person who made the initial report.
526          (7) Division workers or other child protection team members have authority to enter
527     upon public or private premises, using appropriate legal processes, to investigate reports of
528     alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
529     Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
530          (8) With regard to any interview of a child prior to removal of that child from the
531     child's home:
532          (a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
533     the child prior to the interview of:
534          (i) the specific allegations concerning the child; and
535          (ii) the time and place of the interview;
536          (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
537     alleged perpetrator, the division is not required to comply with Subsection (8)(a);
538          (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
539     is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
540     minutes, with the child prior to complying with Subsection (8)(a);
541          (d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
542     notified as soon as practicable after the child has been interviewed, but in no case later than 24
543     hours after the interview has taken place;
544          (e) a child's parents shall be notified of the time and place of all subsequent interviews
545     with the child; and
546          (f) the child shall be allowed to have a support person of the child's choice present,
547     who:
548          (i) may include:
549          (A) a school teacher;
550          (B) an administrator;
551          (C) a guidance counselor;
552          (D) a child care provider;
553          (E) a family member;
554          (F) a family advocate; or
555          (G) clergy; and
556          (ii) may not be a person who is alleged to be, or potentially may be, the perpetrator.
557          (9) In accordance with the procedures and requirements of Sections 62A-4a-202.1
558     through 62A-4a-202.3, a division worker or child protection team member may take a child
559     into protective custody and deliver the child to a law enforcement officer, or place the child in
560     an emergency shelter facility approved by the juvenile court, at the earliest opportunity
561     subsequent to the child's removal from the child's original environment. Control and
562     jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
563     Court Act [of 1996], and as otherwise provided by law.
564          (10) With regard to cases in which law enforcement has or is conducting an
565     investigation of alleged abuse or neglect of a child:
566          (a) the division shall coordinate with law enforcement to ensure that there is an
567     adequate safety plan to protect the child from further abuse or neglect; and
568          (b) the division is not required to duplicate an aspect of the investigation that, in the
569     division's determination, has been satisfactorily completed by law enforcement.
570          (11) With regard to a mutual case in which a child protection unit was involved in the
571     investigation of alleged abuse or neglect of a child, the division shall consult with the child
572     protection unit before closing the case.
573          Section 8. Section 62A-4a-412 is amended to read:
574          62A-4a-412. Reports and information confidential.
575          (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
576     well as any other information in the possession of the division obtained as the result of a report
577     are private, protected, or controlled records under Title 63G, Chapter 2, Government Records
578     Access and Management Act, and may only be made available to:
579          (a) a police or law enforcement agency investigating a report of known or suspected
580     abuse or neglect, including members of a child protection unit;
581          (b) a physician who reasonably believes that a child may be the subject of abuse or
582     neglect;
583          (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
584     who is the subject of a report;
585          (d) a contract provider that has a written contract with the division to render services to
586     a minor who is the subject of a report;
587          (e) except as provided in Subsection 63G-2-202(10), a subject of the report, the natural
588     parents of the child, and the guardian ad litem;
589          (f) a court, upon a finding that access to the records may be necessary for the
590     determination of an issue before the court, provided that in a divorce, custody, or related
591     proceeding between private parties, the record alone is:
592          (i) limited to objective or undisputed facts that were verified at the time of the
593     investigation; and
594          (ii) devoid of conclusions drawn by the division or any of the division's workers on the
595     ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
596     neglect of another person;
597          (g) an office of the public prosecutor or its deputies in performing an official duty;
598          (h) a person authorized by a Children's Justice Center, for the purposes described in
599     Section 67-5b-102;
600          (i) a person engaged in bona fide research, when approved by the director of the
601     division, if the information does not include names and addresses;
602          (j) the State Board of Education, acting on behalf of itself or on behalf of a school
603     district, for the purpose of evaluating whether an individual should be permitted to obtain or
604     retain a license as an educator or serve as an employee or volunteer in a school, limited to
605     information with substantiated findings involving an alleged sexual offense, an alleged felony
606     or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
607     Chapter 5, Offenses Against the Person, and with the understanding that the office must
608     provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
609     to the report before making a decision concerning licensure or employment;
610          (k) any person identified in the report as a perpetrator or possible perpetrator of abuse
611     or neglect, after being advised of the screening prohibition in Subsection (2);
612          (l) except as provided in Subsection 63G-2-202(10), a person filing a petition for a
613     child protective order on behalf of a child who is the subject of the report; and
614          (m) a licensed child-placing agency or person who is performing a preplacement
615     adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
616     78B-6-130.
617          (2) (a) A person, unless listed in Subsection (1), may not request another person to
618     obtain or release a report or any other information in the possession of the division obtained as
619     a result of the report that is available under Subsection (1)(k) to screen for potential
620     perpetrators of abuse or neglect.
621          (b) A person who requests information knowing that it is a violation of Subsection
622     (2)(a) to do so is subject to the criminal penalty in Subsection (4).
623          (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
624     and law enforcement officials shall ensure the anonymity of the person or persons making the
625     initial report and any others involved in its subsequent investigation.
626          (b) Notwithstanding any other provision of law, excluding Section 78A-6-317, but
627     including this chapter and Title 63G, Chapter 2, Government Records Access and Management
628     Act, when the division makes a report or other information in its possession available under
629     Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from
630     the report or other information only the names, addresses, and telephone numbers of
631     individuals or specific information that could:
632          (i) identify the referent;
633          (ii) impede a criminal investigation; or
634          (iii) endanger a person's safety.
635          (4) Any person who wilfully permits, or aides and abets the release of data or
636     information obtained as a result of this part, in the possession of the division or contained on
637     any part of the Management Information System, in violation of this part or Sections
638     62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
639          (5) The physician-patient privilege is not a ground for excluding evidence regarding a
640     child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
641     good faith pursuant to this part.
642          (6) A child-placing agency or person who receives a report in connection with a
643     preplacement adoptive evaluation pursuant to Sections 78B-6-128 and 78B-6-130:
644          (a) may provide this report to the person who is the subject of the report; and
645          (b) may provide this report to a person who is performing a preplacement adoptive
646     evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
647     licensed child-placing agency or to an attorney seeking to facilitate an adoption.
648          Section 9. Section 63I-1-262 is amended to read:
649          63I-1-262. Repeal dates, Title 62A.
650          (1) Section 62A-4a-213 is repealed July 1, 2019.
651          (2) Section 62A-4a-202.9 is repealed December 31, 2019.
652          [(2)] (3) Subsection 62A-15-1101(5) is repealed July 1, 2018.
653          Section 10. Section 78A-6-322 is amended to read:
654          78A-6-322. Abuse, neglect, or dependency of child -- Coordination of
655     proceedings.
656          (1) In each case where an information or indictment has been filed against a defendant
657     concerning abuse, neglect, or dependency of a child, and a petition has been filed in juvenile
658     court concerning the victim, the appropriate county attorney's or district attorney's office shall
659     coordinate with the attorney general's office.
660          (2) Law enforcement personnel, Division of Child and Family Services personnel, the
661     appointed guardian ad litem, pretrial services personnel, and corrections personnel shall make
662     reasonable efforts to facilitate the coordination required by this section.
663          (3) Members of interdisciplinary child protection teams, established under Section
664     62A-4a-409, may participate in the coordination required by this section.
665          (4) Members of a child protection unit, established under Section 10-3-913 or 17-22-2,
666     may coordinate with the attorney general's office, Division of Child and Family Services
667     personnel, the appointed guardian ad litem, pretrial services personnel, and corrections
668     personnel as appropriate.