reglab/statecodes huggingface dataset:
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 607 - Health care provider photographs of child abuse or neglect.

Effective 9/1/2022
80-2-607.
Health care provider photographs of child abuse or neglect.
(1) A licensed physician, licensed physician assistant, medical examiner, peace officer, or public health officer or official may take a photograph of the areas of trauma visible on a child and, if medically indicated, perform radiological examinations.
(2) A photograph may be taken of the premises or of an object relevant to a reported circumstance of child abuse or neglect.
(3) A photograph, X-ray, or other medical record pertinent to an investigation for child abuse or neglect shall be made available to the division, law enforcement agencies, and the court.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 608 - Confidential identity of person who reports.

Effective 9/1/2022
80-2-608.
Confidential identity of person who reports.
Except as provided in Sections 80-2-611 and 80-2-1005, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under this part and any other person involved in the division's or law enforcement agency's subsequent investigation of the report.
Enacted by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 609 - Failure to report -- Threats and intimidation -- Penalty.

Effective 9/1/2022
80-2-609.
Failure to report -- Threats and intimidation -- Penalty.
(1) If the division has substantial grounds to believe that a person knowingly failed to report under Section 80-2-602 or 80-2-603, the division shall file a complaint with:
(a) the Division of Professional Licensing if the person is a health care provider, as defined in Subsection 80-2-603(1)(a)(i), or a mental health therapist, as defined in Section 58-60-102;
(b) the appropriate law enforcement agency if the person is a law enforcement officer, as defined in Section 53-13-103; or
(c) the State Board of Education if the person is an educator, as defined in Section 53E-6-102.
(2)
(a) A person is guilty of a class B misdemeanor if the person willfully fails to report under Section 80-2-602 or 80-2-603.
(b) If a person is convicted under Subsection (2)(a), the court may order the person, in addition to any other sentence the court imposes, to:
(i) complete community service hours; or
(ii) complete a program on preventing abuse and neglect of children.
(c) In determining whether it would be appropriate to charge a person with a violation of Subsection (2)(a), the prosecuting attorney shall take into account whether a reasonable person would not have reported suspected abuse or neglect of a child because reporting would have placed the person in immediate danger of death or serious bodily injury.
(d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use a person's violation of Subsection (2)(a) as the basis for charging the person with another offense.
(e) A prosecution for failure to report under Subsection (2)(a) shall be commenced within two years after the day on which the person had knowledge of the suspected abuse or neglect or the circumstances described in Subsection 80-2-603(2) and willfully failed to report.
(3) Under circumstances not amounting to a violation of Section 76-8-508, a person is guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to intimidate a child who is the subject of the report under Section 80-2-602 or 80-2-603, the person who made the report, a witness, or any other person cooperating with an investigation conducted in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child.
Renumbered and Amended by Chapter 334, 2022 General Session
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 610 - Immunity from liability for a report -- Exception.

Effective 9/1/2022
80-2-610.
Immunity from liability for a report -- Exception.
(1)
(a) A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a child, is immune from civil and criminal liability in connection with the report or notification.
(b) Except as provided in Subsection (3), a person taking a photograph or X-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child, is immune from civil or criminal liability in connection with those actions.
(2) This section does not provide immunity with respect to an act or omission of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(3) The immunity described in Subsection (1)(b) does not apply if the person:
(a) acted or failed to act through fraud or willful misconduct;
(b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding;
(c) intentionally or knowingly fabricated evidence; or
(d) except as provided in Subsection (4), intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in:
(i) a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or
(ii) a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding.
(4) Immunity is not lost under Subsection (3)(d), if the person:
(a) failed to disclose evidence described in Subsection (3)(d), because the person is prohibited by law from disclosing the evidence; or
(b)
(i) in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose evidence described in Subsection (3)(d) to another person who requested the evidence; and
(ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection (3)(d).
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 611 - False reports -- Investigation -- Notice of penalty.

Effective 9/1/2022
80-2-611.
False reports -- Investigation -- Notice of penalty.
(1) The division may conduct an investigation to determine whether a report under Section 80-2-602 or 80-2-603 is false.
(2) The division shall send a certified letter to a person who makes a report of abuse or neglect that is placed into or included in any part of the Management Information System, if the division determines, at the conclusion of the division's investigation, that:
(a) the report is false;
(b) it is more likely than not that the person knew the report was false at the time that person made the report; and
(c) the reporting person's address is known or reasonably available.
(3) The certified letter described in Subsection (2) shall inform the reporting person of:
(a) the division's determination made under Subsection (2);
(b) the penalty for submitting false information under Section 76-8-506 and other applicable laws; and
(c) the obligation or ability of the division under Subsection (4) to inform law enforcement and the person alleged to have committed abuse or neglect:
(i) in the present instance if the division considers an immediate referral of the reporting person to law enforcement to be justified by the facts; or
(ii) if the reporting person submits a subsequent false report involving the same alleged perpetrator or victim.
(4) The division:
(a) may inform law enforcement and the alleged perpetrator of a report for which a certified letter is required to be sent under Subsection (2), if an immediate referral is justified by the facts;
(b) shall inform law enforcement and the alleged perpetrator of a report for which a certified letter is required to be sent under Subsection (2) if a second letter is sent to the reporting person involving the same alleged perpetrator or victim; and
(c) shall determine, in consultation with law enforcement:
(i) what information should be given to an alleged perpetrator relating to a false report; and
(ii) whether good cause exists, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not informing an alleged perpetrator about a false report.
(5) This section does not require the division to conduct an investigation beyond what is described in Subsections (1) and (2), to determine whether a report is false.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 7 - Child Abuse and Neglect Investigation › Section 703 - Conflict child protective services investigations -- Authority of investigators.

Effective 9/1/2022
80-2-703.
Conflict child protective services investigations -- Authority of investigators.
(1)
(a) The department, through the Office of Quality and Design created in Section 62A-18-103, shall conduct an independent child protective service investigation to investigate reports of abuse or neglect if:
(i) the report occurs while the child is in the custody of the division; or
(ii) the executive director of the department determines that, if the division conducts the investigation, the division would have an actual or potential conflict of interest in the results of the investigation.
(b) If a report is made while a child is in the custody of the division that indicates the child is abused or neglected:
(i) the attorney general may, in accordance with Section 67-5-16, and with the consent of the department, employ a child protective services investigator to conduct a conflict investigation of the report; or
(ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent of the department, conduct a conflict investigation of the report.
(c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the consent of the department, conducting a criminal investigation of abuse or neglect under Title 53, Public Safety Code.
(2) An investigator described in Subsection (1) may also investigate allegations of abuse or neglect of a child by a department employee or a licensed substitute care provider.
(3) An investigator described in Subsection (1), if not a law enforcement officer, shall have the same rights, duties, and authority of a child welfare caseworker to:
(a) make a thorough investigation under Section 80-2-701 upon receiving a report of alleged abuse or neglect of a child, with the primary purpose of the investigation being the protection of the child;
(b) make an inquiry into the child's home environment, emotional, or mental health, the nature and extent of the child's injuries, and the child's physical safety;
(c) make a written report of the investigator's investigation, including determination regarding whether the alleged abuse or neglect is supported, unsupported, or without merit, and forward a copy of the report to the division within the time mandates for investigations established by the division; and
(d) immediately consult with school authorities to verify the child's status in accordance with Sections 53G-6-201 through 53G-6-206 if a report is based on or includes an allegation of educational neglect.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 7 - Child Abuse and Neglect Investigation › Section 705 - Law enforcement interview of a child in division's custody.

Effective 9/1/2022
80-2-705.
Law enforcement interview of a child in division's custody.
(1) Except as provided in Subsection (2), the division may not consent to the interview of a child in protective custody or the division's temporary custody or custody by a law enforcement officer, unless consent for the interview is obtained from the child's guardian ad litem.
(2) Subsection (1) does not apply if a guardian ad litem is not appointed for the child.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 7 - Child Abuse and Neglect Investigation › Section 706 - Child protection team convened during division investigation -- Coordination of team -- Timing of team meetings.

Effective 9/1/2022
80-2-706.
Child protection team convened during division investigation -- Coordination of team -- Timing of team meetings.
(1)
(a) The division shall convene a child protection team for a particular case:
(i) in accordance with Section 80-2-701;
(ii) if the child is taken into protective custody, for the purpose of reviewing the circumstances regarding removal of the child from the child's home or school; or
(iii) if the division files an abuse, neglect, or dependency petition, as defined in Section 80-3-102, for the purposes of:
(A) reviewing the circumstances of the filing of the abuse, neglect, or dependency petition; and
(B) developing or reviewing implementation of a safety plan to protect the child from further abuse, neglect, or dependency.
(b) The division may convene a child protection team for a particular case if:
(i) the case demonstrates:
(A) the likelihood of severe child abuse or neglect; or
(B) a high risk of repetition as evidenced by previous involvements with law enforcement or the division; and
(ii) the child protection team is assembled for the purpose of information sharing and identification of resources, services, or actions that support the child and the child's family.
(2)
(a) A representative of the division shall serve as coordinator and chair of a child protection team convened under Subsection (1).
(b) A member of the child protection team shall serve at the coordinator's invitation.
(c) If possible, the child protection team coordinator and chair shall include on the child protection team a representative of:
(i) health, mental health, education, and law enforcement agencies;
(ii) the child;
(iii) a parent and family support group unless the parent is alleged to be the perpetrator; and
(iv) other appropriate agencies and individuals.
(3) The division shall hold the child protection team meeting under Subsection (1)(a)(ii) or (iii) within the shorter of:
(a) 24 hours after receipt of the child into protective custody, excluding weekends and holidays, if the child is taken into protective custody;
(b) 24 hours after the abuse, neglect, or dependency petition, as defined in Section 80-3-102, is filed, excluding weekends and holidays, if the child who is the subject of the abuse, neglect, or dependency petition will likely be taken into protective custody unless there is an expedited hearing and services ordered under the protective supervision of the juvenile court; or
(c) 14 days after the day on which the abuse, neglect, or dependency petition, as defined in Section 80-3-102, is filed.
(4) At a child protection team meeting, the division shall have available and the child protection team shall review the complete child protective services and foster care history of the child and the child's parents and siblings.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 7 - Child Abuse and Neglect Investigation › Section 709 - Division access to criminal background information for background screening and investigation.

Effective 9/1/2022
80-2-709.
Division access to criminal background information for background screening and investigation.
(1) The division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for the purpose of:
(a) background screening under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, including background screening of an individual who has direct access, as defined in Section 62A-2-101, to a minor:
(i) who is alleged to be or has been abused, neglected, or dependent; and
(ii) for whom the division has an open case; or
(b) investigation of abuse or neglect under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings.
(2) Except as provided in Section 80-3-305, the division and the Office of Guardian Ad Litem are authorized to request the Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal background check through the national criminal history system (NCIC).
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 801 - Definitions.

Effective 9/1/2022
80-2-801.
Definitions.
As used in this part:
(1) "Adoptable child" means a child:
(a) who is in the custody of the division; and
(b)
(i) who has permanency goals of adoption; or
(ii) for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409.
(2)
(a) "Adoption assistance" means, except as provided in Section 80-2-809, direct financial subsidies and support to adoptive parents of a child with special needs or whose need or condition has created a barrier that would prevent a successful adoption.
(b) "Adoption assistance" includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies.
(3) "Adoption services" means, except as used in Section 80-2-806:
(a) placing children for adoption;
(b) subsidizing adoptions under Section 80-2-301;
(c) supervising adoption placements until the adoption is finalized by a court;
(d) conducting adoption studies;
(e) preparing adoption reports upon request of the court; and
(f) providing postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible disruptive placement.
(4) "Child who has a special need" means a child who:
(a) cannot or should not be returned to the home of the child's biological parents; and
(b)
(i) is five years old or older;
(ii) is under 18 years old with a physical, emotional, or mental disability; or
(iii) is a member of a sibling group placed together for adoption.
(5) "Monthly subsidy" means financial support to assist with the costs of adopting and caring for a child who has a special need.
(6) "Nonrecurring adoption expenses" means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need.
(7) "State medical assistance" means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2.
(8) "Supplemental adoption assistance" means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible.
(9) "Vendor services" means services that a person provides under contract with the division.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 802 - Division child placing and adoption services -- Restrictions on placement of a child.

Effective 5/3/2023
80-2-802.
Division child placing and adoption services -- Restrictions on placement of a child.
(1) Except as provided in Subsection (3), the division may provide adoption services and, as a licensed child-placing agency under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities, engage in child placing in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights.
(2) The division shall base the division's decision for placement of an adoptable child for adoption on the best interest of the adoptable child.
(3) The division may not:
(a) in accordance with Subsection 26B-2-127(6), place a child for adoption, either temporarily or permanently, with an individual who does not qualify for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137;
(b) consider a potential adoptive parent's willingness or unwillingness to enter a postadoption contact agreement under Section 78B-6-146 as a condition of placing a child with a potential adoptive parent; or
(c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through 1963, base the division's decision for placement of an adoptable child on the race, color, ethnicity, or national origin of either the child or the potential adoptive parent.
(4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section 78B-6-117, priority of placement shall be provided to a family in which a couple is legally married under the laws of the state.
(5) Subsections (3) and (4) do not limit the placement of a child with the child's biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 803 - Division promotion of adoption -- Adoption research and informational pamphlet.

Effective 5/3/2023
80-2-803.
Division promotion of adoption -- Adoption research and informational pamphlet.
The division shall:
(1) actively promote the adoption of all children in the division's custody who have a final plan for termination of parental rights under Section 80-3-409 or a primary permanency plan of adoption;
(2) develop plans for the effective use of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for waiting children;
(3) obtain information or conduct research regarding prior adoptive families to determine what families may do to be successful with an adoptive child;
(4) make the information or research described in Subsection (3) available to potential adoptive parents;
(5) prepare a pamphlet that explains the information that a child-placing agency is required to provide a potential adoptive parent under Section 78B-24-303;
(6) regularly distribute copies of the pamphlet described in Subsection (5) to child-placing agencies; and
(7) respond to an inquiry made as a result of the notice provided by a child-placing agency under Section 78B-24-303.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 804 - Adoptive placement time frame -- Division contracts with child-placing agencies.

Effective 5/3/2023
80-2-804.
Adoptive placement time frame -- Division contracts with child-placing agencies.
(1) Subject to this part, for a child who has a primary permanency plan of adoption or for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409, the division shall make intensive efforts to place the child in an adoptive home within 30 days after the earlier of the day on which:
(a) the final plan is approved; or
(b) the primary permanency plan is established.
(2) If within the time periods described in Subsection (1) the division is unable to locate a suitable adoptive home, the division shallcontract with a variety of child-placing agencies licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities, to search for an appropriate adoptive home for the child, and to place the child for adoption.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 807 - Division supplemental adoption assistance -- Department advisory committee.

Effective 9/1/2022
80-2-807.
Division supplemental adoption assistance -- Department advisory committee.
(1)
(a) The division may, based on annual legislative appropriations for adoption assistance and, subject to Subsection (2)(c), division rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide supplemental adoption assistance for a child who has a special need.
(b) The division shall provide supplemental adoption assistance under Subsection (1)(a) only after all other resources for which the child is eligible are exhausted.
(2)
(a) The department shall, by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish at least one advisory committee to review and make recommendations to the division on individual requests for supplemental adoption assistance.
(b) The advisory committee shall be comprised of:
(i) an adoption expert;
(ii) an adoptive parent;
(iii) a division representative;
(iv) a foster parent; and
(v) an adoption caseworker.
(c) The division rules described in Subsection (1) shall include a provision that establishes a threshold amount for requests for supplemental adoption assistance that require review by the advisory committee.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 808 - Division termination or modification of adoption assistance.

Effective 9/1/2022
80-2-808.
Division termination or modification of adoption assistance.
(1) The division may not terminate or modify adoption assistance unless the division gives the adoptive parents notice and opportunity for a hearing as required in Title 63G, Chapter 4, Administrative Procedures Act.
(2) The division shall terminate adoption assistance if any of the following occur:
(a) the adoptive parents request termination;
(b) subject to Subsection (3), the child reaches 18 years old, unless the division gives approval to continue beyond 18 years old due to mental or physical disability;
(c) the child dies;
(d) the adoptive parents die;
(e) the adoptive parents' legal responsibility for the child ceases;
(f) the state determines that the child is no longer receiving support from the adoptive parents;
(g) the child marries; or
(h) the child enters military service.
(3) Adoption assistance may not continue after the day on which the child reaches 21 years old.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 901 - Definitions.

Effective 9/1/2022
80-2-901.
Definitions.
As used in this part:
(1) "State" means:
(a) a state of the United States;
(b) the District of Columbia;
(c) the Commonwealth of Puerto Rico;
(d) the Virgin Islands;
(e) Guam;
(f) the Commonwealth of the Northern Mariana Islands; or
(g) a territory or possession administered by the United States.
(2) "State plan" means the written description of the programs for children, youth, and family services administered by the division in accordance with federal law.
Enacted by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 902 - Division authority under Article III of Interstate Compact.

Effective 9/1/2022
80-2-902.
Division authority under Article III of Interstate Compact.
(1) The "appropriate public authorities," as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the division.
(2) The division shall receive and act with reference to notices required by Article III of the compact.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 903 - Director authority under Article V of Interstate Compact.

Effective 9/1/2022
80-2-903.
Director authority under Article V of Interstate Compact.
As used in Paragraph (1) of Article V of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state," with reference to this state, means the director of the division.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 904 - Executive director authority under Article VII of Interstate Compact.

Effective 9/1/2022
80-2-904.
Executive director authority under Article VII of Interstate Compact.
(1) As used in Article VII of the Interstate Compact on the Placement of Children, "executive" means the executive director of the department.
(2) The executive director of the department is authorized to appoint a compact administrator in accordance with the terms of Article VII of the compact.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 906 - Financial responsibility for child placed under Interstate Compact.

Effective 9/1/2022
80-2-906.
Financial responsibility for child placed under Interstate Compact.
(1) Financial responsibility for a child placed under the provisions of the Interstate Compact on the Placement of Children shall, in the first instance, be determined in accordance with the provisions of Article V of the compact.
(2) In the event of partial or complete default of performance under the compact, the provisions of Title 78B, Chapter 12, Utah Child Support Act, may also be invoked.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 907 - Fulfillment of requirements under Interstate Compact.

Effective 9/1/2022
80-2-907.
Fulfillment of requirements under Interstate Compact.
Requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall be deemed to be met if performed under an agreement entered into by appropriate officers or agencies of this state, or a subdivision thereof, as contemplated by Paragraph (2) of Article V of the Interstate Compact on the Placement of Children.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 908 - Jurisdiction over delinquent children under Interstate Compact.

Effective 9/1/2022
80-2-908.
Jurisdiction over delinquent children under Interstate Compact.
Any court having jurisdiction to place delinquent children may place such a child in an institution in another state, under Article VI of the Interstate Compact on the Placement of Children, and shall retain jurisdiction as provided in Article V of the compact.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 909 - Existing authority for child placement continues.

Effective 5/3/2023
80-2-909.
Existing authority for child placement continues.
Any person who, under any law of this state other than this part or the Interstate Compact on the Placement of Children established under Section 80-2-905, has authority to make or assist in making the placement of a child, shall continue to have the ability lawfully to make or assist in making that placement, and the provisions of Sections 26B-2-127, 26B-2-131, 26B-2-132, 26B-2-133, Subsections 80-2-802(3)(a) and (4) and 80-2-803(1), (2), and (5) through (7), and Title 78B, Chapter 6, Part 1, Utah Adoption Act, continue to apply.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 9 - Interstate Compact on Placement of Children › Section 910 - Interjurisdictional home study report.

Effective 9/1/2022
80-2-910.
Interjurisdictional home study report.
(1) The state of Utah may request a home study report from another state or an Indian Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of the jurisdiction of the state of Utah.
(2) The state of Utah may not impose any restriction on the ability of a state agency administering, or supervising the administration of, a state program operated under a state plan approved under Section 42 U.S.C. 671 to contract with a private agency to conduct a home study report described in Subsection (1).
(3) If the state of Utah receives a home study report described in Subsection (1), the home study report shall be considered to meet all requirements imposed by the state of Utah for completion of a home study before a child is placed in a home, unless, within 14 days after the day on which the report is received, the state of Utah determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 10 - Division and Child Welfare Records › Section 1004 - Request for division removal of name from Licensing Information System -- Petition for evidentiary hearing or substantiation.

Effective 5/3/2023
80-2-1004.
Request for division removal of name from Licensing Information System -- Petition for evidentiary hearing or substantiation.
(1) Except as provided in Subsection (2), an individual whose name is listed on the Licensing Information System as of May 6, 2002, may at any time:
(a) request review by the division of the individual's case and removal of the individual's name from the Licensing Information System under Subsection (3); or
(b) file a petition for substantiation and a request for a finding of unsubstantiated or without merit in accordance with Section 80-3-504.
(2) Subsection (1) does not apply to an individual who has been the subject of any of the following court determinations with respect to the alleged incident of abuse or neglect:
(a) conviction;
(b) adjudication under Section 80-3-402 or 80-6-701;
(c) plea of guilty;
(d) plea of guilty with a mental condition; or
(e) no contest.
(3) If an alleged perpetrator listed on the Licensing Information System before May 6, 2002, requests removal of the alleged perpetrator's name from the Licensing Information System, the division shall, within 30 days after the day on which the request is made:
(a)
(i) review the case to determine whether the incident of alleged abuse or neglect qualifies as:
(A) a severe type of child abuse or neglect;
(B) chronic abuse; or
(C) chronic neglect; and
(ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from the Licensing Information System; or
(b) determine whether to file a petition for substantiation in accordance with Section 80-3-504.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 10 - Division and Child Welfare Records › Section 1006 - Sharing of records with Indian tribe under agreement.

Effective 9/1/2022
80-2-1006.
Sharing of records with Indian tribe under agreement.
If the division has a privacy agreement with an Indian tribe to protect the confidentiality of division records regarding an Indian child to the same extent that the division is required to protect other division records, the division shall cooperate with and share all appropriate information in the division's possession regarding an Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child with the Indian tribe that is affiliated with the Indian child.
Enacted by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 10 - Division and Child Welfare Records › Section 1007 - Request to examine division services payment -- Access to related records -- Unlawful use -- Penalty.

Effective 9/1/2022
80-2-1007.
Request to examine division services payment -- Access to related records -- Unlawful use -- Penalty.
(1)
(a) An individual who is a taxpayer and resident of this state and who desires to examine a payment for services offered by the division in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall sign a statement using a form prescribed by the division that includes:
(i) an assertion that the individual is a taxpayer and a resident of the state; and
(ii) a commitment that any information obtained will not be used for commercial or political purposes.
(b) An individual may not make a partial or complete list of names, addresses, or amounts of payment under Subsection (1)(a) or remove information regarding names, addresses, or amounts of payment under Subsection (1)(a) from an office of the division.
(2) The division shall:
(a) after due consideration of the public interest, define the nature of confidential information to be safeguarded by the division; and
(b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) govern the custody and disclosure of the confidential information; and
(ii) provide access to information regarding payments for services offered by the division.
(3) This section does not prohibit:
(a) the division or an agent of the division, or an individual, commission, or agency duly authorized for the purpose, from making a special study or issuing or publishing statistical material or a report of a general character; or
(b) the division or a division representative or employee from conveying or providing to a local, state, or federal governmental agency written information that would affect an individual's eligibility or ineligibility for financial service, or other beneficial program offered by the governmental agency.
(4) A person may access a division program plan, policy, or record, including a consumer record or data, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(5) A person who violates this section is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 11 - Child Welfare Services Improvement and Oversight › Section 1101 - Citizen review panel -- Child Welfare Improvement Council -- Duties.

Effective 5/3/2023
80-2-1101.
Citizen review panel -- Child Welfare Improvement Council -- Duties.
(1)
(a) The division may establish one or more citizen review panels to:
(i) assist and advise the division as determined by the division; and
(ii) comply with 42 U.S.C. Sec. 5106a(c).
(b) Each panel shall be composed of volunteer members, including former consumers of services, who broadly represent the geographic community or topic area for which the panel is established.
(c) A member of a citizen review panel may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(d) The division shall provide staff to assist a citizen review panel in completing the panel's duties.
(e)
(i) A citizen review panel member or division staff assisting a citizen review panel may not disclose to a person or government entity identifying information about a specific child protection case that is provided to the citizen review panel.
(ii) A citizen review panel member or division staff member who violates Subsection (1)(e)(i) may be subject to a civil fine not to exceed $500 for each violation.
(2) There is established the Child Welfare Improvement Council as a citizen review panel.
(3) The division may designate a child fatality committee, created in Section 26B-1-503, as a citizen review panel.
(4) A citizen review panel designated by the division to fulfill the requirements of 42 U.S.C. Sec. 5106a:
(a) shall meet at least quarterly;
(b) may examine specific cases to evaluate the extent to which an agency is effectively discharging the agency's responsibilities in accordance with the state's plan submitted in accordance with 42 U.S.C. Sec. 5106a(b)(1) and the child protection standards set forth in 42 U.S.C. Sec. 5106a(b);
(c) shall annually review findings related to the division made by the Division of Continuous Quality Improvement created in Subsection 26B-1-204(3); and
(d) shall facilitate public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community.
Amended by Chapter 309, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2a - Removal and Protective Custody of a Child › Part 1 - General Provisions › Section 101 - Definitions.

Effective 9/1/2022
80-2a-101.
Definitions.
(1) "Custody" means the same as that term is defined in Section 80-2-102.
(2) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(3) "Friend" means an adult who:
(a) has an established relationship with the child or a family member of the child; and
(b) is not the natural parent of the child.
(4) "Nonrelative" means an individual who is not a noncustodial parent or relative.
(5) "Relative" means an adult who:
(a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(b) is the first cousin of the child's parent;
(c) is a permanent guardian or natural parent of the child's sibling; or
(d) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(6) "Sibling" means the same as that term is defined in Section 80-2-102.
(7) "Temporary custody" means the same as that term is defined in Section 80-2-102.
Amended by Chapter 334, 2022 General Session, (Coordination Clause)
Enacted by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2a - Removal and Protective Custody of a Child › Part 3 - Division Placement of a Child after Removal › Section 302 - Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification.

Effective 9/1/2022
80-2a-302.
Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification.
(1) Because removal of a child from the child's home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the division shall:
(a) if possible and appropriate, without danger to the child's welfare, make reasonable efforts to prevent or eliminate the need for removal of a child from the child's home before the day on which the child is placed in substitute care;
(b) determine whether there is substantial cause to believe that a child has been or is in danger of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse, Neglect, and Dependency Proceedings, before removing the child from the child's home; and
(c) if possible and appropriate, and in accordance with the limitations and requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible for a child in substitute care to return to the child's home.
(2)
(a) In determining the reasonableness of efforts needed to maintain a child in the child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or (c), the child's health, safety, and welfare shall be the paramount concern.
(b) The division shall consider whether the efforts described in Subsections (1) and (2) are likely to prevent abuse or continued neglect of the child.
(3) If removal and placement in substitute care is necessary to protect a child, the efforts described in Subsections (1) and (2):
(a) are not reasonable or appropriate; and
(b) should not be utilized.
(4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts to, in any way, attempt to:
(a) maintain a child in the child's home;
(b) provide reunification services; or
(c) rehabilitate the offending parent or parents.
(5) Subsection (4) does not exempt the division from providing court ordered services.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2a - Removal and Protective Custody of a Child › Part 3 - Division Placement of a Child after Removal › Section 303 - Child missing from division custody -- Placement after locating child.

Effective 9/1/2022
80-2a-303.
Child missing from division custody -- Placement after locating child.
(1) If the division receives information that a child in the protective custody, temporary custody, or custody of the division is missing, has been abducted, or has run away, the division shall:
(a) within 24 hours after the time when the division has reason to believe that the information that the child is missing, has been abducted, or has run away is accurate, notify the National Center for Missing and Exploited Children; and
(b) pursue a warrant under Subsection 80-2a-202(6).
(2) If the division locates a child described in Subsection (1), the division shall:
(a) determine the primary factors that caused or contributed to the child's absence from care;
(b) determine the child's experiences while absent from care, including screening the child to determine if the child is a sex trafficking victim;
(c) to the extent possible, select a placement for the child that accommodates the child's needs and takes into consideration the factors and experiences described in Subsections (2)(a) and (b); and
(d) follow the requirements in Section 80-3-303 for determining an ongoing placement of the child.
Renumbered and Amended by Chapter 334, 2022 General Session