Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 504
Approved for Filing: C. Williams 6
          6 02-16-23 3:00 PM 6
                CHILD WELFARE INVESTIGATIONS AMENDMENTS
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                           Chief Sponsor: Christine F. Watkins
                                Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill modifies provisions regarding child welfare procedures.
 Highlighted Provisions:
        This bill:
        < requires a child welfare caseworker to obtain a warrant before entering a private
 premises under certain circumstances; and
        < requires that when a child is removed from the child's home, that the removal is
 recorded.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        80-2-701, as last amended by Laws of Utah 2022, Chapter 308 and renumbered and
 amended by Laws of Utah 2022, Chapter 334 and last amended by Coordination
 Clause, Laws of Utah 2022, Chapter 334
        80-2-702, as last amended by Laws of Utah 2022, Chapter 308 and renumbered and
                                                                                                  H.B. 504
 amended by Laws of Utah 2022, Chapter 334 and last amended by Coordination
 Clause, Laws of Utah 2022, Chapter 334
     *HB0504*
       H.B. 504                                                                    02-16-23 3:00 PM
        80-2a-202, as renumbered and amended by Laws of Utah 2022, Chapter 334
29
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 80-2-701 is amended to read:
        80-2-701. Division preremoval investigation -- Supported or unsupported reports
 -- Convening of child protection team -- Coordination with law enforcement --
 Consultation with child protection team before close of investigation.
        (1) (a) The division shall conduct a thorough preremoval investigation upon receiving a
 report under Section 80-2-602 or 80-2-603 if there is reasonable cause to suspect that a
 situation of abuse, neglect, or the circumstances described in Subsection 80-2-603(2) exist.
        (b) The primary purpose of the preremoval investigation described in Subsection (1)(a)
 shall be protection of the child.
        (2) The preremoval investigation described in Subsection (1)(a) shall meet the
 reasonable professional standards described in Section 80-2-702.
        (3) The division shall make a written report of the division's preremoval investigation
 under Subsection (1)(a) that includes a determination regarding whether the alleged abuse or
 neglect in the report described in Subsection (1)(a) is supported, unsupported, or without merit.
        (4) The division:
        (a) shall use an interdisciplinary approach if appropriate in dealing with a report made
 under Section 80-2-602, 80-2-603, or 80-2-604;
        (b) in accordance with Section 80-2-706, shall convene a child protection team to assist
 the division in the division's protective, diagnostic, assessment, treatment, and coordination
 services; and
        (c) may include a member of the child protection team in the division's protective,
 diagnostic, assessment, treatment, or coordination services.
        (5) If a report of neglect is based on or includes an allegation of educational neglect,
 the division shall immediately consult with school authorities to verify the child's status in
 accordance with Sections 53G-6-201 through 53G-6-206.
        (6) Upon completion of the initial preremoval investigation under this section, the
 division shall give notice of the completion to the person who made the initial report described
 in Subsection (1)(a).
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       02-16-23 3:00 PM                                                                         H.B. 504
        (7) (a) A division child welfare caseworker:
        [(a)] (i) has authority to:
        [(i)] (A) except as provided in Subsection (7)(b), enter upon public or private premises,
 using appropriate legal processes; and
        [(ii)] (B) to investigate a report of alleged child abuse or neglect, upon notice to a
 parent of the parent's rights under the Child Abuse Prevention and Treatment Act, 42 U.S.C.
 Sec. 5106, or any successor thereof; and
        [(b)] (ii) may take a child into protective custody in accordance with Chapter 2a,
 Removal and Protective Custody of a Child.
        (b) A child welfare caseworker shall obtain a warrant before entering a private
 premises if:
        (i) the purpose for entering the private premises is to obtain evidence for a preremoval
 investigation; and
        (ii) the private premises is the home of an individual who is suspected to have created
 the situation described in Subsection (1)(a).
        (8) In a case, if law enforcement has investigated or is conducting an investigation of
 alleged abuse or neglect of a child, the division:
        (a) shall coordinate with law enforcement to ensure that there is an adequate safety
 plan to protect the child from further abuse or neglect; and
        (b) is not required to duplicate an aspect of the investigation that, in the division's
 determination, has been satisfactorily completed by law enforcement.
        (9) In a mutual case in which a child protection team is involved in the investigation of
 alleged abuse or neglect of a child, the division shall consult with the child protection team
 before closing the case.
        Section 2. Section 80-2-702 is amended to read:
        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:
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        H.B. 504                                                                      02-16-23 3:00 PM
          (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.
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        02-16-23 3:00 PM                                                                            H.B. 504
         (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
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        H.B. 504                                                                    02-16-23 3:00 PM
        (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.
        (9) A child welfare caseworker shall obtain a warrant before entering a private
 premises if:
        (a) the purpose for entering the private premises is to obtain evidence for a
 post-removal investigation; and
        (b) the private premises is the home of an individual who is suspected to have created
 the situation that led to the child's removal into temporary custody.
        Section 3. Section 80-2a-202 is amended to read:
        80-2a-202. Removal of a child by a peace officer or child welfare caseworker --
 Search warrants -- Protective custody and temporary care of a child.
        (1) A peace officer or child welfare caseworker may remove a child or take a child into
 protective custody, temporary custody, or custody in accordance with this section.
        (2) (a) Except as provided in Subsection (2)(b), a peace officer or a child welfare
 caseworker may not enter the home of a child whose case is not under the jurisdiction of the
 juvenile court, remove a child from the child's home or school, or take a child into protective
 custody unless:
        (i) there exist exigent circumstances sufficient to relieve the peace officer or the child
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        02-16-23 3:00 PM                                                                                 H.B. 504
 welfare caseworker of the requirement to obtain a search warrant under Subsection (3);
          (ii) the peace officer or child welfare caseworker obtains a search warrant under
 Subsection (3);
          (iii) the peace officer or child welfare caseworker obtains a court order after the child's
 parent or guardian is given notice and an opportunity to be heard; or
          (iv) the peace officer or child welfare caseworker obtains the consent of the child's
 parent or guardian.
          (b) A peace officer or a child welfare caseworker may not take action under Subsection
 (2)(a) solely on the basis of:
          (i) educational neglect, truancy, or failure to comply with a court order to attend
 school; or
          (ii) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
          (c) A peace officer or a child welfare caseworker when removing a child under this
 section shall ensure the removal is recorded through the use of a body camera or another
 recording device.
          (3) (a) The juvenile court may issue a warrant authorizing a peace officer or a child
 welfare caseworker to search for a child and take the child into protective custody if it appears
 to the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to
 by a peace officer or another individual, and upon the examination of other witnesses if
 required by the juvenile court, that there is probable cause to believe that:
          (i) there is a threat of substantial harm to the child's health or safety;
          (ii) it is necessary to take the child into protective custody to avoid the harm described
 in Subsection (3)(a)(i); and
          (iii) it is likely that the child will suffer substantial harm if the child's parent or
 guardian is given notice and an opportunity to be heard before the child is taken into protective
 custody.
          (b) In accordance with Section 77-23-210, a peace officer making the search under
 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the
 child.
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        H.B. 504                                                                     02-16-23 3:00 PM
         (4) (a) A child welfare caseworker may take action under Subsection (2) accompanied
 by a peace officer or without a peace officer if a peace officer is not reasonably available.
         (b) (i) Before taking a child into protective custody, and if possible and consistent with
 the child's safety and welfare, a child welfare caseworker shall determine whether there are
 services available that, if provided to a parent or guardian of the child, would eliminate the
 need to remove the child from the custody of the child's parent or guardian.
         (ii) In determining whether the services described in Subsection (4)(b)(i) are
 reasonably available, the child welfare caseworker shall consider the child's health, safety, and
 welfare as the paramount concern.
         (iii) If the child welfare caseworker determines the services described in Subsection
 (4)(b)(i) are reasonably available, the services shall be utilized.
         (5) (a) If a peace officer or a child welfare caseworker takes a child into protective
 custody under Subsection (2), the peace officer or child welfare caseworker shall:
         (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and
         (ii) release the child to the care of the child's parent or guardian or another responsible
 adult, unless:
         (A) the child's immediate welfare requires the child remain in protective custody; or
         (B) the protection of the community requires the child's detention in accordance with
 Chapter 6, Part 2, Custody and Detention.
         (b) (i) If a peace officer or child welfare caseworker is executing a warrant under
 Subsection (3), the peace officer or child welfare caseworker shall take the child to:
         (A) a shelter facility; or
         (B) if the division makes