This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 8, 2021 at 10:01 AM by lpoole.
Representative Karianne Lisonbee proposes the following substitute bill:


1     
CHILD PROTECTION UNIT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill addresses child protection units and teams.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals the Child Protection Unit Pilot Program;
13          ▸     removes references to a "child protection unit";
14          ▸     amends the membership of a child protection team;
15          ▸     allows a sheriff or chief of police to select a representative of law enforcement to
16     serve as a member of a child protection team;
17          ▸     modifies when a child protection team may assemble for certain cases;
18          ▸     allows a member of a child protection team to share case-specific information with
19     other members of the child protection team; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          10-3-913, as last amended by Laws of Utah 2019, Chapter 472
28          17-22-2, as last amended by Laws of Utah 2019, Chapter 197
29          62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
30          62A-4a-202.3, as last amended by Laws of Utah 2017, Chapter 459
31          62A-4a-202.8, as last amended by Laws of Utah 2017, Chapter 459
32          62A-4a-409, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
33          62A-4a-412, as last amended by Laws of Utah 2020, Chapters 193 and 258
34          63I-1-262, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
35          78A-6-322, as last amended by Laws of Utah 2017, Chapter 459
36     REPEALS:
37          62A-4a-202.9, as last amended by Laws of Utah 2020, Chapter 354
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 10-3-913 is amended to read:
41          10-3-913. Authority of chief of police -- Oversight.
42          (1) The chief of police has the same authority as the sheriff within the boundaries of
43     the municipality of appointment. The chief has authority to:
44          (a) suppress riots, disturbances, and breaches of the peace;
45          (b) apprehend all persons violating state laws or city ordinances;
46          (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
47     peace, good order, and protection of the rights and property of all persons;
48          (d) attend the municipal justice court located within the city when required, provide
49     security for the court, and obey its orders and directions; and
50          (e) [create a] select a representative of law enforcement to serve as a member of a child
51     protection [unit] team, as defined in Section 62A-4a-101.
52          (2) This section is not a limitation of a police chief's statewide authority as otherwise
53     provided by law.
54          (3) The chief of police shall adopt a written policy that prohibits the stopping,
55     detention, or search of any person when the action is solely motivated by considerations of
56     race, color, ethnicity, age, or gender.
57          (4) (a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not
58     establish a board, committee, or other entity that:
59          (i) has authority independent of the chief of police; and
60          (ii) (A) has authority to overrule a hiring or appointment proposal of the chief of
61     police;
62          (B) is required to review or approve a police department's rules, regulations, policies,
63     or procedures in order for the rules, regulations, policies, or procedures to take effect;
64          (C) has authority to veto a new policy, or strike down an existing policy, established
65     under the authority of the chief of police;
66          (D) is required to review or approve a police department's budget in order for the
67     budget to take effect; or
68          (E) has authority to review or approve a contract the police department makes with a
69     police union or other organization.
70          (b) Nothing in this Subsection (4):
71          (i) limits the authority the Utah Code provides over the chief of police;
72          (ii) prohibits the municipal council or chief executive officer from taking a lawful
73     action described in Subsection (4)(a)(ii) that is allowed by law; or
74          (iii) limits the authority of a civil service commission established in accordance with
75     Title 10, Chapter 3, Part 10, Civil Service Commission.
76          (5) Subject to Subsection (4), a municipality may establish a board, committee, or other
77     entity that relates to the provision of law enforcement services and that has authority
78     independent of the chief of police if the municipality:
79          (a) directly appoints the board, committee, or other entity's members; and
80          (b) provides direct oversight of the board, committee, or other entity.
81          Section 2. Section 17-22-2 is amended to read:
82          17-22-2. Sheriff -- General duties.
83          (1) The sheriff shall:
84          (a) preserve the peace;
85          (b) make all lawful arrests;
86          (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
87     required or when the court is held within his county, all courts of record, and court
88     commissioner and referee sessions held within his county, obey their lawful orders and
89     directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
90     Administration;
91          (d) upon request of the juvenile court, aid the court in maintaining order during
92     hearings and transport a minor to and from youth corrections facilities, other institutions, or
93     other designated places;
94          (e) attend county justice courts if the judge finds that the matter before the court
95     requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
96     custody, or for the custody of jurors;
97          (f) command the aid of as many inhabitants of his county as he considers necessary in
98     the execution of these duties;
99          (g) take charge of and keep the county jail and the jail prisoners;
100          (h) receive and safely keep all persons committed to his custody, file and preserve the
101     commitments of those persons, and record the name, age, place of birth, and description of
102     each person committed;
103          (i) release on the record all attachments of real property when the attachment he
104     receives has been released or discharged;
105          (j) endorse on all process and notices the year, month, day, hour, and minute of
106     reception, and, upon payment of fees, issue a certificate to the person delivering process or
107     notice showing the names of the parties, title of paper, and the time of receipt;
108          (k) serve all process and notices as prescribed by law;
109          (l) if he makes service of process or notice, certify on the process or notices the
110     manner, time, and place of service, or, if he fails to make service, certify the reason upon the
111     process or notice, and return them without delay;
112          (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
113     land within his county;
114          (n) perform as required by any contracts between the county and private contractors for
115     management, maintenance, operation, and construction of county jails entered into under the
116     authority of Section 17-53-311;
117          (o) for the sheriff of a county of the second through sixth class that enters into an
118     interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
119     Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
120          (p) manage search and rescue services in his county;
121          (q) obtain saliva DNA specimens as required under Section 53-10-404;
122          (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
123     detention, or search of any person when the action is solely motivated by considerations of
124     race, color, ethnicity, age, or gender;
125          (s) [create a child protection unit, as defined in Section 62A-4a-101, if the sheriff
126     determines that creation of a child protection unit is warranted] as applicable, select a
127     representative of law enforcement to serve as a member of a child protection team, as defined
128     in Section 62A-4a-101; and
129          (t) perform any other duties that are required by law.
130          (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
131     subsection under Subsection (1) is a class A misdemeanor.
132          (3) (a) As used in this Subsection (3):
133          (i) "Police interlocal entity" has the same meaning as defined in Sections 17-30-3 and
134     17-30a-102.
135          (ii) "Police local district" has the same meaning as defined in Section 17-30-3.
136          (b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
137     which includes within its boundary a police local district or police interlocal entity, or both:
138          (i) serves as the chief executive officer of each police local district and police interlocal
139     entity within the county with respect to the provision of law enforcement service within the
140     boundary of the police local district or police interlocal entity, respectively; and
141          (ii) is subject to the direction of the police local district board of trustees or police
142     interlocal entity governing body, as the case may be, as and to the extent provided by
143     agreement between the police local district or police interlocal entity, respectively, and the
144     sheriff.
145          (c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
146     11-13-202(4), if a police interlocal entity or police local district enters an interlocal agreement
147     with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
148     service, the sheriff:
149          (i) does not serve as the chief executive officer of any interlocal entity created under
150     that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
151     executive officer; and
152          (ii) shall provide law enforcement service under that interlocal agreement as provided
153     in the agreement.
154          Section 3. Section 62A-4a-101 is amended to read:
155          62A-4a-101. Definitions.
156          As used in this chapter:
157          (1) "Abuse" means the same as that term is defined in Section 78A-6-105.
158          (2) "Adoption services" means:
159          (a) placing children for adoption;
160          (b) subsidizing adoptions under Section 62A-4a-105;
161          (c) supervising adoption placements until the adoption is finalized by the court;
162          (d) conducting adoption studies;
163          (e) preparing adoption reports upon request of the court; and
164          (f) providing postadoptive placement services, upon request of a family, for the
165     purpose of stabilizing a possible disruptive placement.
166          (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
167     Children, a person under 18 years of age.
168          (4) "Child protection team" means a team consisting of:
169          (a) the caseworker assigned to the case;
170          (b) if applicable, the caseworker who made the decision to remove the child;
171          (c) a representative of the school or school district where the child attends school;
172          (d) if applicable, the [peace officer] law enforcement officer who removed the child
173     from the home;
174          (e) a representative of the appropriate Children's Justice Center, if one is established
175     within the county where the child resides;
176          (f) if appropriate, and known to the division, a therapist or counselor who is familiar
177     with the child's circumstances;
178          Ŝ→ [(g)] ←Ŝ [members of a child protection unit] Ŝ→ [a victim advocate;] ←Ŝ [and]
179          Ŝ→ [(h)] (g) ←Ŝ if appropriate, a representative of law enforcement selected by the chief of
179a     police or
180     sheriff in the city or county where the child resides; and
181          Ŝ→ [[] ←Ŝ (h) Ŝ→ [] (i)] ←Ŝ any other individuals determined appropriate and necessary
181a     by the team
182     coordinator and chair.
183          [(5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
184     city, town, metro township, or county that is composed of at least the following individuals
185     who are trained in the prevention, identification, and treatment of abuse or neglect:]
186          [(a) a law enforcement officer, as defined in Section 53-13-103; and]
187          [(b) a child advocate selected by the chief of police or a sheriff.]
188          [(6)] (5) (a) "Chronic abuse" means repeated or patterned abuse.
189          (b) "Chronic abuse" does not mean an isolated incident of abuse.
190          [(7)] (6) (a) "Chronic neglect" means repeated or patterned neglect.
191          (b) "Chronic neglect" does not mean an isolated incident of neglect.
192          [(8)] (7) "Consult" means an interaction between two persons in which the initiating
193     person:
194          (a) provides information to another person;
195          (b) provides the other person an opportunity to respond; and
196          (c) takes the other person's response, if any, into consideration.
197          [(9)] (8) "Consumer" means a person who receives services offered by the division in
198     accordance with this chapter.
199          [(10)] (9) "Custody," with regard to the division, means the custody of a minor in the
200     division as of the date of disposition.
201          [(11)] (10) "Day-care services" means care of a child for a portion of the day which is
202     less than 24 hours:
203          (a) in the child's own home by a responsible person; or
204          (b) outside of the child's home in a:
205          (i) day-care center;
206          (ii) family group home; or
207          (iii) family child care home.
208          [(12)] (11) "Dependent child" or "dependency" means a child, or the condition of a
209     child, who is homeless or without proper care through no fault of the child's parent, guardian,
210     or custodian.
211          [(13)] (12) "Director" means the director of the Division of Child and Family Services.
212          [(14)] (13) "Division" means the Division of Child and Family Services.
213          [(15)] (14) "Domestic violence services" means:
214          (a) temporary shelter, treatment, and related services to:
215          (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
216          (ii) the dependent children of a person who is a victim of abuse, as defined in Section
217     78B-7-102; and
218          (b) treatment services for a person who is alleged to have committed, has been
219     convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
220          [(16)] (15) "Harm" means the same as that term is defined in Section 78A-6-105.
221          [(17)] (16) "Homemaking service" means the care of individuals in their domiciles, and
222     help given to individual caretaker relatives to achieve improved household and family
223     management through the services of a trained homemaker.
224          [(18)] (17) "Incest" means the same as that term is defined in Section 78A-6-105.
225          [(19)] (18) "Indian child" means the same as that term is defined in 25 U.S.C. Sec.
226     1903.
227          [(20)] (19) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec.
228     1903.
229          [(21)] (20) "Minor" means, except as provided in Part 7, Interstate Compact on
230     Placement of Children:
231          (a) a child; or
232          (b) a person:
233          (i) who is at least 18 years [of age] old and younger than 21 years [of age] old; and
234          (ii) for whom the division has been specifically ordered by the juvenile court to provide
235     services.
236          [(22)] (21) "Molestation" means the same as that term is defined in Section 78A-6-105.
237          [(23)] (22) "Mutual case" means a case that has been:
238          (a) opened by the division under the division's discretion and procedures;
239          (b) opened by the law enforcement agency with jurisdiction over the case; and
240          (c) accepted for investigation by [the child protection unit established by the chief of
241     police or sheriff] a child protection team, as applicable.
242          [(24)] (23) "Natural parent" means a minor's biological or adoptive parent, and
243     includes a minor's noncustodial parent.
244          [(25)] (24) "Neglect" means the same as that term is defined in Section 78A-6-105.
245          [(26)] (25) "Protective custody," with regard to the division, means the shelter of a
246     child by the division from the time the child is removed from the child's home until the earlier
247     of:
248          (a) the shelter hearing; or
249          (b) the child's return home.
250          [(27)] (26) "Protective services" means expedited services that are provided:
251          (a) in response to evidence of neglect, abuse, or dependency of a child;
252          (b) to a cohabitant who is neglecting or abusing a child, in order to:
253          (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
254     causes of neglect or abuse; and
255          (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
256          (c) in cases where the child's welfare is endangered:
257          (i) to bring the situation to the attention of the appropriate juvenile court and law
258     enforcement agency;
259          (ii) to cause a protective order to be issued for the protection of the child, when
260     appropriate; and
261          (iii) to protect the child from the circumstances that endanger the child's welfare
262     including, when appropriate:
263          (A) removal from the child's home;
264          (B) placement in substitute care; and
265          (C) petitioning the court for termination of parental rights.
266          [(28)] (27) "Severe abuse" means the same as that term is defined in Section
267     78A-6-105.
268          [(29)] (28) "Severe neglect" means the same as that term is defined in Section
269     78A-6-105.
270          [(30)] (29) "Sexual abuse" means the same as that term is defined in Section
271     78A-6-105.
272          [(31)] (30) "Sexual exploitation" means the same as that term is defined in Section
273     78A-6-105.
274          [(32)] (31) "Shelter care" means the temporary care of a minor in a nonsecure facility.
275          [(33)] (32) "Sibling" means a child who shares or has shared at least one parent in
276     common either by blood or adoption.
277          [(34)] (33) "Sibling visitation" means services provided by the division to facilitate the
278     interaction between a child in division custody with a sibling of that child.
279          [(35)] (34) "State" means:
280          (a) a state of the United States;
281          (b) the District of Columbia;
282          (c) the Commonwealth of Puerto Rico;
283          (d) the Virgin Islands;
284          (e) Guam;
285          (f) the Commonwealth of the Northern Mariana Islands; or
286          (g) a territory or possession administered by the United States.
287          [(36)] (35) "State plan" means the written description of the programs for children,
288     youth, and family services administered by the division in accordance with federal law.
289          [(37)] (36) "Status offense" means a violation of the law that would not be a violation
290     but for the age of the offender.
291          [(38)] (37) "Substance abuse" means the same as that term is defined in Section
292     78A-6-105.
293          [(39)] (38) "Substantiated" or "substantiation" means a judicial finding based on a
294     preponderance of the evidence that abuse or neglect occurred. Each allegation made or
295     identified in a given case shall be considered separately in determining whether there should be
296     a finding of substantiated.
297          [(40)] (39) "Substitute care" means:
298          (a) the placement of a minor in a family home, group care facility, or other placement
299     outside the minor's own home, either at the request of a parent or other responsible relative, or
300     upon court order, when it is determined that continuation of care in the minor's own home
301     would be contrary to the minor's welfare;
302          (b) services provided for a minor awaiting placement; and
303          (c) the licensing and supervision of a substitute care facility.
304          [(41)] (40) "Supported" means a finding by the division based on the evidence
305     available at the completion of an investigation that there is a reasonable basis to conclude that
306     abuse, neglect, or dependency occurred. Each allegation made or identified during the course
307     of the investigation shall be considered separately in determining whether there should be a
308     finding of supported.
309          [(42)] (41) "Temporary custody," with regard to the division, means the custody of a
310     child in the division from the date of the shelter hearing until disposition.
311          [(43)] (42) "Threatened harm" means the same as that term is defined in Section
312     78A-6-105.
313          [(44)] (43) "Transportation services" means travel assistance given to an individual
314     with escort service, if necessary, to and from community facilities and resources as part of a
315     service plan.
316          [(45)] (44) "Unsubstantiated" means a judicial finding that there is insufficient
317     evidence to conclude that abuse or neglect occurred.
318          [(46)] (45) "Unsupported" means a finding by the division at the completion of an
319     investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency
320     occurred. However, a finding of unsupported means also that the division did not conclude
321     that the allegation was without merit.
322          [(47)] (46) "Without merit" means a finding at the completion of an investigation by
323     the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
324     or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
325          Section 4. Section 62A-4a-202.3 is amended to read:
326          62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
327     protective custody.
328          (1) When a child is taken into protective custody in accordance with Section
329     62A-4a-202.1, 78A-6-106, or 78A-6-302, or when the division takes any other action that
330     would require a shelter hearing under Subsection 78A-6-306(1), the division shall immediately
331     initiate an investigation of the:
332          (a) circumstances of the child; and
333          (b) grounds upon which the decision to place the child into protective custody was
334     made.
335          (2) The division's investigation shall conform to reasonable professional standards, and
336     shall include:
337          (a) a search for and review of any records of past reports of abuse or neglect involving:
338          (i) the same child;
339          (ii) any sibling or other child residing in the same household as the child; and
340          (iii) the alleged perpetrator;
341          (b) with regard to a child who is five years of age or older, a personal interview with
342     the child:
343          (i) outside of the presence of the alleged perpetrator; and
344          (ii) conducted in accordance with the requirements of Subsection (7);
345          (c) if a parent or guardian can be located, an interview with at least one of the child's
346     parents or guardian;
347          (d) an interview with the person who reported the abuse, unless the report was made
348     anonymously;
349          (e) where possible and appropriate, interviews with other third parties who have had
350     direct contact with the child, including:
351          (i) school personnel; and
352          (ii) the child's health care provider;
353          (f) an unscheduled visit to the child's home, unless:
354          (i) there is a reasonable basis to believe that the reported abuse was committed by a
355     person who:
356          (A) is not the child's parent; and
357          (B) does not:
358          (I) live in the child's home; or
359          (II) otherwise have access to the child in the child's home; or
360          (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
361          (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
362     failure to meet the child's medical needs, a medical examination, obtained no later than 24
363     hours after the child is placed in protective custody.
364          (3) The division may rely on a written report of a prior interview rather than
365     conducting an additional interview, if:
366          (a) law enforcement:
367          (i) previously conducted a timely and thorough investigation regarding the alleged
368     abuse, neglect, or dependency; and
369          (ii) produced a written report;
370          (b) the investigation described in Subsection (3)(a)(i) included one or more of the
371     interviews required by Subsection (2); and
372          (c) the division finds that an additional interview is not in the best interest of the child.
373          (4) (a) The division's determination of whether a report is supported or unsupported
374     may be based on the child's statements alone.
375          (b) Inability to identify or locate the perpetrator may not be used by the division as a
376     basis for:
377          (i) determining that a report is unsupported; or
378          (ii) closing the case.
379          (c) The division may not determine a case to be unsupported or identify a case as
380     unsupported solely because the perpetrator was an out-of-home perpetrator.
381          (d) Decisions regarding whether a report is supported, unsupported, or without merit
382     shall be based on the facts of the case at the time the report was made.
383          (5) The division should maintain protective custody of the child if it finds that one or
384     more of the following conditions exist:
385          (a) the child does not have a natural parent, guardian, or responsible relative who is
386     able and willing to provide safe and appropriate care for the child;
387          (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
388          (ii) there are no reasonable means by which the child can be protected in:
389          (A) the child's home; or
390          (B) the home of a responsible relative;
391          (c) there is substantial evidence that the parent or guardian is likely to flee the
392     jurisdiction of the court; or
393          (d) the child has left a previously court ordered placement.
394          (6) (a) Within 24 hours after receipt of a child into protective custody, excluding
395     weekends and holidays, the division shall:
396          (i) convene a child protection team to review the circumstances regarding removal of
397     the child from the child's home or school; and
398          (ii) prepare the testimony and evidence that will be required of the division at the
399     shelter hearing, in accordance with Section 78A-6-306.
400          [(b) The child protection team may include members of a child protection unit.]
401          [(c)] (b) At the 24-hour meeting, the division shall have available for review and
402     consideration the complete child protective services and foster care history of the child and the
403     child's parents and siblings.
404          (7) (a) After receipt of a child into protective custody and prior to the adjudication
405     hearing, all investigative interviews with the child that are initiated by the division shall be:
406          (i) except as provided in Subsection (7)(b), audio or video taped; and
407          (ii) except as provided in Subsection (7)(c), conducted with a support person of the
408     child's choice present.
409          (b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may
410     be conducted without being taped if the child:
411          (A) is at least nine years old;
412          (B) refuses to have the interview audio taped; and
413          (C) refuses to have the interview video taped.
414          (ii) If, pursuant to Subsection (7)(b)(i), an interview is conducted without being taped,
415     the child's refusal shall be documented, as follows:
416          (A) the interviewer shall attempt to get the child's refusal on tape, including the reasons
417     for the refusal; or
418          (B) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
419     interviewer shall:
420          (I) state on the tape that the child is present, but has refused to have the interview,
421     refusal, or the reasons for the refusal taped; or
422          (II) if complying with Subsection (7)(b)(ii)(B)(I) will result in the child, who would
423     otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
424     document, in writing, that the child refused to allow the interview to be taped and the reasons
425     for that refusal.
426          (iii) The division shall track the number of interviews under this Subsection (7) that are
427     not taped, and the number of refusals that are not taped, for each interviewer, in order to
428     determine whether a particular interviewer has a higher incidence of refusals, or taped refusals,
429     than other interviewers.
430          (c) (i) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
431     interview of a child may not be an alleged perpetrator.
432          (ii) Subsection (7)(a)(ii) does not apply if the child refuses to have a support person
433     present during the interview.
434          (iii) If a child described in Subsection (7)(c)(ii) refuses to have a support person
435     present in the interview, the interviewer shall document, in writing, the refusal and the reasons
436     for the refusal.
437          (iv) The division shall track the number of interviews under this Subsection (7) where
438     a child refuses to have a support person present for each interviewer, in order to determine
439     whether a particular interviewer has a higher incidence of refusals than other interviewers.
440          (8) The division shall cooperate with law enforcement investigations and with [a child
441     protection unit] the members of a child protection team, if applicable, regarding the alleged
442     perpetrator.
443          (9) The division may not close an investigation solely on the grounds that the division
444     investigator is unable to locate the child until all reasonable efforts have been made to locate
445     the child and family members including:
446          (a) visiting the home at times other than normal work hours;
447          (b) contacting local schools;
448          (c) contacting local, county, and state law enforcement agencies; and
449          (d) checking public assistance records.
450          Section 5. Section 62A-4a-202.8 is amended to read:
451          62A-4a-202.8. Child protection team meeting -- Timing.
452          (1) A child protection team may assemble for a particular case when:
453          (a) the case demonstrates:
454          (i) the likelihood of severe child abuse or neglect; or
455          (ii) a high risk of repetition as evidenced by previous involvements with law
456     enforcement or the division; and
457          (b) the child protection team is assembled for the purpose of information sharing and
458     identification of resources, services, or actions that support the child and the child's family.
459          [(1)] (2) Subject to Subsection [(2)] (3), if the division files a petition under Section
460     78A-6-304, the division shall convene a child protection team meeting to:
461          (a) review the circumstances of the filing of the petition; and
462          (b) develop or review implementation of a safety plan to protect the child from further
463     abuse, neglect, or dependency.
464          [(2)] (3) The child protection team meeting required under Subsection [(1)] (2) shall be
465     held within the shorter of:
466          (a) 14 days of the day on which the petition is filed under Section 78A-6-304 if the
467     conditions of Subsection [(2)](3)(b) or (c) are not met;
468          (b) 24 hours of the filing of the petition under Section 78A-6-304, excluding weekends
469     and holidays, if the child who is the subject of the petition will likely be taken into protective
470     custody unless there is an expedited hearing and services ordered under the protective
471     supervision of the court; or
472          (c) 24 hours after receipt of a child into protective custody, excluding weekends and
473     holidays, if the child is taken into protective custody as provided in Section 62A-4a-202.3.
474          [(3) The child protection team may include members of a child protection unit.]
475          (4) At its meeting the child protection team shall review the complete child protective
476     services and foster care history of the child and the child's parents and siblings.
477          Section 6. Section 62A-4a-409 is amended to read:
478          62A-4a-409. Investigation by division -- Temporary protective custody --
479     Preremoval interviews of children.
480          (1) (a) Except as provided in Subsection (1)(c), the division shall conduct a thorough
481     preremoval investigation upon receiving either an oral or written report of alleged abuse or
482     neglect, or an oral or written report under Subsection 62A-4a-404(2), when there is reasonable
483     cause to suspect that a situation of abuse, neglect, or the circumstances described under
484     Subsection 62A-4a-404(2) exist.
485          (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
486     protection of the child.
487          (c) The division is not required to conduct an investigation under Subsection (1)(a) if
488     the division determines the person responsible for the child's care:
489          (i) is not the alleged perpetrator; and
490          (ii) is willing and able to ensure the alleged perpetrator does not have access to the
491     child.
492          (2) The preremoval investigation described in Subsection (1)(a) shall include the same
493     investigative requirements described in Section 62A-4a-202.3.
494          (3) The division shall make a written report of its investigation that shall include a
495     determination regarding whether the alleged abuse or neglect is supported, unsupported, or
496     without merit.
497          (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
498     with reports made under this part.
499          (b) The division shall convene a child protection team to assist the division in the
500     division's protective, diagnostic, assessment, treatment, and coordination services.
501          (c) The division may include members of a child protection [unit] team in the division's
502     protective, diagnostic, assessment, treatment, and coordination services.
503          (d) A representative of the division shall serve as the team's coordinator and chair.
504     Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
505     shall include representatives of:
506          (i) health, mental health, education, and law enforcement agencies;
507          (ii) the child;
508          (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
509     and
510          (iv) other appropriate agencies or individuals.
511          (5) If a report of neglect is based upon or includes an allegation of educational neglect,
512     the division shall immediately consult with school authorities to verify the child's status in
513     accordance with Sections 53G-6-201 through 53G-6-206.
514          (6) When the division completes the division's initial investigation under this part, the
515     division shall give notice of that completion to the person who made the initial report.
516          (7) Division workers or other child protection team members have authority to enter
517     upon public or private premises, using appropriate legal processes, to investigate reports of
518     alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
519     Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
520          (8) With regard to any interview of a child prior to removal of that child from the
521     child's home:
522          (a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
523     the child prior to the interview of:
524          (i) the specific allegations concerning the child; and
525          (ii) the time and place of the interview;
526          (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
527     alleged perpetrator, the division is not required to comply with Subsection (8)(a);
528          (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
529     is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
530     minutes, with the child prior to complying with Subsection (8)(a);
531          (d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
532     notified as soon as practicable after the child has been interviewed, but in no case later than 24
533     hours after the interview has taken place;
534          (e) a child's parents shall be notified of the time and place of all subsequent interviews
535     with the child; and
536          (f) the child shall be allowed to have a support person of the child's choice present,
537     who:
538          (i) may include:
539          (A) a school teacher;
540          (B) an administrator;
541          (C) a guidance counselor;
542          (D) a child care provider;
543          (E) a family member;
544          (F) a family advocate; or
545          (G) a member of the clergy; and
546          (ii) may not be an individual who is alleged to be, or potentially may be, the
547     perpetrator.
548          (9) In accordance with the procedures and requirements of Sections 62A-4a-202.1
549     through 62A-4a-202.3, a division worker or child protection team member may take a child
550     into protective custody and deliver the child to a law enforcement officer, or place the child in
551     an emergency shelter facility approved by the juvenile court, at the earliest opportunity
552     subsequent to the child's removal from the child's original environment. Control and
553     jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
554     Court Act, and as otherwise provided by law.
555          (10) With regard to cases in which law enforcement has or is conducting an
556     investigation of alleged abuse or neglect of a child:
557          (a) the division shall coordinate with law enforcement to ensure that there is an
558     adequate safety plan to protect the child from further abuse or neglect; and
559          (b) the division is not required to duplicate an aspect of the investigation that, in the
560     division's determination, has been satisfactorily completed by law enforcement.
561          (11) With regard to a mutual case in which a child protection [unit] team was involved
562     in the investigation of alleged abuse or neglect of a child, the division shall consult with the
563     child protection [unit] team before closing the case.
564          Section 7. Section 62A-4a-412 is amended to read:
565          62A-4a-412. Reports, information, and referrals confidential -- Exceptions.
566          (1) Except as otherwise provided in this chapter, reports made under this part, as well
567     as any other information in the possession of the division obtained as the result of a report are
568     private, protected, or controlled records under Title 63G, Chapter 2, Government Records
569     Access and Management Act, and may only be made available to:
570          (a) a police or law enforcement agency investigating a report of known or suspected
571     abuse or neglect, including members of a child protection [unit] team;
572          (b) a physician who reasonably believes that a child may be the subject of abuse or
573     neglect;
574          (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
575     who is the subject of a report;
576          (d) a contract provider that has a written contract with the division to render services to
577     a minor who is the subject of a report;
578          (e) except as provided in Subsection 63G-2-202(10), a subject of the report, the natural
579     parents of the child, and the guardian ad litem;
580          (f) a court, upon a finding that access to the records may be necessary for the
581     determination of an issue before the court, provided that in a divorce, custody, or related
582     proceeding between private parties, the record alone is:
583          (i) limited to objective or undisputed facts that were verified at the time of the
584     investigation; and
585          (ii) devoid of conclusions drawn by the division or any of the division's workers on the
586     ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
587     neglect of another person;
588          (g) an office of the public prosecutor or its deputies in performing an official duty;
589          (h) a person authorized by a Children's Justice Center, for the purposes described in
590     Section 67-5b-102;
591          (i) a person engaged in bona fide research, when approved by the director of the
592     division, if the information does not include names and addresses;
593          (j) the State Board of Education, acting on behalf of itself or on behalf of a local
594     education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
595     individual should be permitted to obtain or retain a license as an educator or serve as an
596     employee or volunteer in a school, limited to information with substantiated or supported
597     findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
598     offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
599     the Person, and with the understanding that the office must provide the subject of a report
600     received under Subsection (1)(k) with an opportunity to respond to the report before making a
601     decision concerning licensure or employment;
602          (k) any person identified in the report as a perpetrator or possible perpetrator of abuse
603     or neglect, after being advised of the screening prohibition in Subsection (2);
604          (l) except as provided in Subsection 63G-2-202(10), a person filing a petition for a
605     child protective order on behalf of a child who is the subject of the report;
606          (m) a licensed child-placing agency or person who is performing a preplacement
607     adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
608     78B-6-130;
609          (n) an Indian tribe to:
610          (i) certify or license a foster home;
611          (ii) render services to a subject of a report; or
612          (iii) investigate an allegation of abuse, neglect, or dependency; or
613          (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
614     local substance abuse authority, described in Section 17-43-201, for the purpose of providing
615     substance abuse treatment to a pregnant woman, or the services described in Subsection
616     62A-15-103(2)(o).
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 the request is a violation of
622     Subsection (2)(a) 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 the division's possession
629     available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
630     shall remove from the report or other information only the names, addresses, and telephone
631     numbers of 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] willfully permits, or aides and abets the release of data
636     or 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          (7) A member of a child protection team may, before the day on which the child is
649     removed, share case-specific information obtained from the division under this section with
650     other members of the child protection team.
651          Section 8. Section 63I-1-262 is amended to read:
652          63I-1-262. Repeal dates, Title 62A.
653          (1) Subsections 62A-1-120(8)(g), (h), and (i) relating to completion of premarital
654     counseling or education under Section 30-1-34 are repealed July 1, 2023.
655          (2) Section 62A-3-209 is repealed July 1, 2023.
656          [(3) Section 62A-4a-202.9 is repealed December 31, 2021.]
657          [(4)] (3) Section 62A-4a-213 is repealed July 1, 2024.
658          [(5)] (4) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which
659     create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
660          [(6)] (5) Section 62A-15-114 is repealed December 31, 2021.
661          [(7)] (6) Subsections 62A-15-116(1) and [(4)] (5), the language that states "In
662     consultation with the Behavioral Health Crisis Response Commission, established in Section
663     63C-18-202," is repealed January 1, 2023.
664          [(8)] (7) Section 62A-15-118 is repealed December 31, 2023.
665          [(9)] (8) Subsections 62A-15-605(3)(h) and (4) relating to the study of long-term needs
666     for adult beds in the state hospital are repealed July 1, 2022.
667          [(10)] (9) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
668     Council, is repealed July 1, 2023.
669          [(11)] (10) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
670     Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
671          [(12)] (11) In relation to the Behavioral Health Crisis Response Commission, on July
672     1, 2023:
673          (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
674          (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
675     the commission" is repealed;
676          (c) [Section] Subsection 62A-15-1303(1), the language that states "In consultation with
677     the commission," is repealed;
678          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
679     from the commission," is repealed; and
680          (e) Subsection 62A-15-1702(6) is repealed.
681          Section 9. Section 78A-6-322 is amended to read:
682          78A-6-322. Abuse, neglect, or dependency of child -- Coordination of
683     proceedings.
684          (1) In each case where an information or indictment has been filed against a defendant
685     concerning abuse, neglect, or dependency of a child, and a petition has been filed in juvenile
686     court concerning the victim, the appropriate county attorney's or district attorney's office shall
687     coordinate with the attorney general's office.
688          (2) Law enforcement personnel, Division of Child and Family Services personnel, the
689     appointed guardian ad litem, pretrial services personnel, and corrections personnel shall make
690     reasonable efforts to facilitate the coordination required by this section.
691          (3) Members of interdisciplinary child protection teams, established under Section
692     62A-4a-409, may participate in the coordination required by this section.
693          (4) [Members of a child protection unit, established under Section 10-3-913 or
694     17-22-2,] A member of a child protection team, as defined in Section 62A-4a-101, may
695     coordinate with the attorney general's office, Division of Child and Family Services personnel,
696     the appointed guardian ad litem, pretrial services personnel, and corrections personnel as
697     appropriate.
698          Section 10. Repealer.
699          This bill repeals:
700          Section 62A-4a-202.9, Child protection unit pilot program.