2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 7 - Child Abuse and Neglect Investigation › Section 702 - Division post-removal investigation -- Supported or unsupported reports -- Convening of child protection team -- Cooperation with law enforcement -- Close of investigation.

Effective 9/1/2022
80-2-702.
Division post-removal investigation -- Supported or unsupported reports -- Convening of child protection team -- Cooperation with law enforcement -- Close of investigation.
(1) If a child is taken into protective custody in accordance with Section 80-2a-202 or 80-3-204 or the division takes any other action that requires a shelter hearing under Subsection 80-3-301(1), the division shall immediately initiate an investigation of:
(a) the circumstances of the child; and
(b) the grounds upon which the decision to place the child into protective custody was made.
(2) The division's investigation under Subsection (1) shall conform to reasonable professional standards and include:
(a) a search for and review of any records of past reports of abuse or neglect involving:
(i) the same child;
(ii) any sibling or other child residing in the same household as the child; and
(iii) the alleged perpetrator;
(b) with regard to a child who is five years old or older, a personal interview with the child:
(i) outside of the presence of the alleged perpetrator; and
(ii) conducted in accordance with the requirements of Section 80-2-704;
(c) if a parent or guardian is located, an interview with at least one of the child's parents or guardian;
(d) an interview with the person who reported the abuse, unless the report was made anonymously;
(e) if possible and appropriate, interviews with other third parties who have had direct contact with the child, including:
(i) school personnel; and
(ii) the child's health care provider;
(f) an unscheduled visit to the child's home, unless:
(i) there is a reasonable basis to believe that the reported abuse was committed by a person who:
(A) is not the child's parent; and
(B) does not live in the child's home or otherwise have access to the child in the child's home; or
(ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
(g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or failure to meet the child's medical needs, a medical examination, obtained no later than 24 hours after the child is placed in protective custody.
(3) The division may rely on a written report of a prior interview rather than conducting an additional interview under Subsection (2), if:
(a) law enforcement:
(i) previously conducted a timely and thorough investigation regarding the alleged abuse, neglect, or dependency; and
(ii) produced a written report;
(b) the investigation described in Subsection (3)(a)(i) included one or more of the interviews described in Subsection (2); and
(c) the division finds that an additional interview is not in the best interest of the child.
(4)
(a)
(i) The division shall:
(A) make a determination after the division's investigation under Subsection (1) regarding whether the report is supported, unsupported, or without merit; and
(B) base the determination on the facts of the case at the time the report is made.
(ii) The division's determination of whether a report is supported or unsupported may be based on the child's statements alone.
(b) The division may not:
(i) use the inability to identify or locate the perpetrator as a basis for:
(A) determining that a report is unsupported; or
(B) closing the case; or
(ii) determine a case is unsupported or identify a case as unsupported solely because the perpetrator is an out-of-home perpetrator.
(5) The division shall maintain protective custody of the child if the division finds that one or more of the following conditions exist:
(a) the child does not have a natural parent, guardian, or responsible relative who is able and willing to provide safe and appropriate care for the child;
(b)
(i) shelter of the child is a matter of necessity for the protection of the child; and
(ii) there are no reasonable means by which the child can be protected in:
(A) the child's home; or
(B) the home of a responsible relative;
(c) there is substantial evidence that the parent or guardian is likely to flee the jurisdiction of the juvenile court; or
(d) the child has left a previously court ordered placement.
(6) Within 24 hours after receipt of a child into protective custody, excluding weekends and holidays, the division shall:
(a) convene a child protection team in accordance with Section 80-2-706; and
(b) prepare the testimony and evidence that will be required of the division at the shelter hearing, in accordance with Section 80-3-301.
(7) The division shall cooperate with a law enforcement investigation and with the members of a child protection team, if applicable, regarding the alleged perpetrator.
(8) The division may not close an investigation solely on the grounds that the division is unable to locate the child until all reasonable efforts have been made to locate the child and family members including:
(a) visiting the home at times other than normal work hours;
(b) contacting local schools;
(c) contacting local, county, and state law enforcement agencies; and
(d) checking public assistance records.
Amended by Chapter 308, 2022 General Session
Renumbered and Amended by Chapter 334, 2022 General Session
Amended by Chapter 334, 2022 General Session, (Coordination Clause)