SB 124 — Child Welfare Modifications

{ Ĥ→ {} {[} (d)} (4) (a) A peace officer or a child welfare caseworker who[may is executing a protective custody {]{} { ←Ĥ } { Ĥ→ } {} [{warrant } may take action under Subsection {(3)(a) } (2) accompanied by a peace officer or {an investigative warrant under Subsection (3)(b) } without a peace officer if{]{}if] { ←Ĥ } { Ĥ→ } {} [} ] that is executing a protective custody warrant or a child safety warrant in accordance with this section shall be accompanied by a peace officer, unless{mayunless request } a peace officer is not reasonably available.

(b) (i) {other persons} 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) { to assist in executing } In determining whether the services described in Subsection (4)(b)(i) are reasonably available, the child welfare caseworker shall consider the {warrant} child's health, safety, and welfare as the paramount concern.{]concern. {[(e)] (d) ←Ĥ } Except as described in Subsection (2)(a)(i), an individual that is executing an investigative warrant may not take a child into protective custody unless the individual obtains a protective custody warrant in accordance with Subsection (3)(a).} {(4)} (iii) - 23 - SB0124S01 compared with SB0124S02 {(a)} A } If the child welfare caseworker {may take action under } determines the services described in Subsection {(2) accompanied by a peace officer or without a peace officer if a peace officer is not } (4)(b)(i) are reasonably available, the services shall be utilized.

{(b)}(iii) (5) {(i)} (a) {Before taking } If athe peace officer or a child welfare caseworker takesdetermines athe childservices intodescribed protectivein custodyunder Subsection (2),(4)(b)(i) {andare ifreasonably possibleavailable, and consistent with } the {child'sservices safety and welfare, a } peace officer or child welfare caseworker shall {determinebe whetherutilized. 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)}(5) (i)(a) {InIf determininga whetherpeace theofficer services described } notify the child's parent or guardiana in {Subsection (4)(b)(i) are reasonably available, the child welfare caseworker shalltakes considera thechild child'sinto health,protective safety,custody andunder welfareSubsection as(2), the paramountpeace concern.}officer accordanceor withchild Sectionwelfare 80-2a-203;caseworker shall:

and(i) {(iii)}notify (ii) {If } release the child {welfare caseworker determines } to the care of the {services described in Subsection (4)(b)(i) are reasonably available} child's parent or guardian orin anotheraccordance responsiblewith adult,Section {the80-2a-203; services shall be utilized.} unless:

{(5)}and (A)(ii) {(a)}release If a peace officer or a child } the child's immediate welfare {caseworker takes a child intoto } requires the childcare remainof in protective custody {under Subsection (2), the peacechild's officerparent or childguardian welfareor caseworkeranother shall:}responsible ;adult, unless:

or- {(i)}23 (B)- {notifySB0124 }compared thewith protectionSB0124S02 of(A) the community requires the child's {parentimmediate orwelfare guardianrequires }the detentionchild remain in accordanceprotective withcustody; {Section 80-2a-203;

and}or (B) the protection of the community requires the child's detention in accordance with Chapter 6, Part 2, Custody and Detention.

{(ii)} (b) (i) {release the } If a peace officer or child {towelfare thecaseworker careis ofexecuting thea child'swarrant parentunder orSubsection guardian[(3)] or(3) another(a){ responsibleŜ→ adult,{} unless:}{(a)}{} welfare←Ŝ caseworker} is, executingthe apeace warrantofficer underor Subsectionchild {(A)}welfare [{thecaseworker child'sshall immediatetake welfare requires the child remainto: in protective custody;

or}(A) (3)a {(B)}shelter ]facility; (3)(a){the protection of } , the peace officer or child welfare caseworker shall take the {community requires the child's detention in accordance with Chapter 6, Part 2, Custody and Detention.} child to:

{(b)} (A) - 24 - SB0124S01 compared with SB0124S02 {(i)} If a peace officer or child(B) welfareif caseworkerthe isdivision executingmakes aan warrantemergency placement under SubsectionSection (3),80-2a-301, the peaceemergency officerplacement. } a shelter facility;

(ii) If a peace officer or {childa child welfare caseworker shalltakes takea child to a shelter facility under Subsection (5)(b)(i), the peace officer or the child to:}welfare {(A)}caseworker (B)shall {apromptly file a written report that includes the child's information, on a form provided by the division, with the shelter facility;facility.

or}(c) ifA thechild divisionremoved makesor antaken emergencyinto placementprotective custody under Sectionthis 80-2a-301,section may not be placed or kept in detention pending court proceedings, unless the emergencychild placement.may be held in detention under Chapter 6, Part 2, Custody and Detention.

{(B)}(6) (ii)(a) {ifThe }juvenile Ifcourt shall issue a warrant authorizing a peace officer or a child welfare caseworkerworker takesto search for a child towho ais sheltermissing, facilityhas underbeen Subsectionabducted, (5)(b)(i),or thehas peacerun officeraway, orand take the child welfareinto caseworkerphysical shallcustody promptlyif filethe ajuvenile writtencourt reportdetermines that includes the child'schild information,is onmissing, ahas formbeen providedabducted, byor thehas divisionrun {makesaway anfrom emergencythe placementprotective undercustody, Sectiontemporary 80-2a-301}custody, ,or {thecustody emergencyof placement} with the shelterdivision. facility.

{(ii)}(b) (c)If {Ifthe ajuvenile peace officer } A child removed or {a child welfare caseworker takes a child to a shelter facility } taken into protective custody under {Subsection (5)(b)(i), } this section may not be placed or kept in detention pending court proceedings,issues unless the {peace officer or the child welfare caseworker shall promptly file a writtenwarrant report that includes the child's information, on a form provided by the division, with the shelter facility} child may be held in detention under ChapterSubsection 6,(6)(a): Part 2, Custody and Detention.

{(c)}(i) (6)the (a)division {A } The juvenile court shall issuenotify athe warrantchild's authorizingparent a peace officer or aguardian child {removed } welfare worker to search for a child who is missing, has beena abducted,right orto {takenparent-time }with has run away, and take the child into {protective } physical custody {under this section may not be placed or kept in detentionaccordance pendingwith }Subsection if80-2a-203(5)(a); the juvenile court {proceedings} determines that the child is missing, has been abducted, or has run away from the protective custody, {unless } temporary custody, or custody of the {child may be held in detention under Chapter 6, Part 2, Custody and Detention} division.

{(6)}(ii) (b) {(a)} The } If the juvenile court {shallshall issueorder: } issues a warrant {authorizing a peace officer or a child welfare worker to search for a child who is missing, has been abducted, or has run away, and take the child into physical custody if the juvenile court determines that the child is missing, has been abducted, or has run away from the protective custody, temporary custody, or custody of the division.} under Subsection (6)(a):

-(A) 25the -law SB0124S01enforcement comparedagency withthat SB0124S02has {(b)}jurisdiction (i)over {Ifthe }location from which the {juvenilechild courtran issuesaway }to divisionenter shalla notifyrecord of the child'swarrant parentinto orthe guardianNational whoCrime hasInformation aCenter {warrantdatabase underwithin Subsection24 (6)(a):}hours rightafter tothe parent-timetime within which the childlaw inenforcement accordanceagency withreceives Subsectiona 80-2a-203(5)(a);copy of the warrant;

{(i)}and (ii)(B) the {court } division shallto {order:} notify the child'slaw parentenforcement oragency guardiandescribed whoin hasSubsection a(6)(b)(ii)(A) rightof to parent-time with the childorder described in accordance with Subsection 80-2a-203(5)(a);(6)(b)(ii)(A);

{(ii)}and (A)(c) the {lawcourt enforcementshall agencyspecify that has jurisdiction over the location fromto which the childpeace ranofficer awayor to enter a record of the warrantchild intowelfare thecaseworker Nationalshall Crimetransport Information Center database within 24 hours after the timechild. in which the law enforcement agency receives a copy of the warrant;

and}- court24 shall- order:SB0124 compared with SB0124S02 Section 5.

{(A)} (B) the {division to notify } law enforcement agency that has jurisdiction over the location from which the child ran away to enter a record of the warrant into the National Crime Information Center database within 24 hours after the time in which the law enforcement agency {described in Subsection (6)(b)(ii)(A) } receives a copy of the {order described in Subsection (6)(b)(ii)(A)} warrant;

and {(B)} (c) the {court shall specify the location to which } division to notify the {peace officer or the child welfare caseworker shall transport the child.} law enforcement agency described in Subsection (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A);

and {(c)} the court shall specify the location to which the peace officer or the child welfare caseworker shall transport the child.} Section 5.

and - 26 - SB0124S01 compared with SB0124S02 (ii) the child's physical health or safety may not be protected without removing the child from the custody of the child's parent or guardian;

and - 25 - SB0124 compared with SB0124S02 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;

- 27 - SB0124S01 compared with SB0124S02 (ii) is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the child;

- 26 - SB0124 compared with SB0124S02 (i) another child residing in the same household may not be removed from the home unless that child is considered to be at substantial risk of being physically abused, sexually abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii);

- 28 - SB0124S01 compared with SB0124S02 (b) The division shall make a diligent effort to provide the safety and risk assessments described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel for the parent or guardian, as soon as practicable before the shelter hearing described in Section 80-3-301.

(8) - 27 - SB0124 compared with SB0124S02 (a) Except as provided in Subsection (8)(b), a juvenile court and the division may not remove a child from the custody of the child's parent or guardian on the sole or primary basis that the parent or guardian refuses to consent to:

- 29 - SB0124S01 compared with SB0124S02 (a) removal of the child from the child's home by the division;

(e) a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is an indigent individual - 28 - SB0124 compared with SB0124S02 and cannot afford an attorney, and desires to be represented by an attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act;

- 30 - SB0124S01 compared with SB0124S02 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or fail to appear in response to the notice;

- 29 - SB0124 compared with SB0124S02 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian, the requesting party, or the requesting party's counsel, including relevant evidence regarding harm the specific child has suffered or will suffer due to the separation or continued separation from the child's parent or guardian;

- 31 - SB0124S01 compared with SB0124S02 (7) The juvenile court shall consider all relevant evidence provided by an individual or entity authorized to present relevant evidence under this section.

- 30 - SB0124 compared with SB0124S02 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or safety of the child and the child's physical health or safety may not be protected without removing the child from the custody of the child's parent;

- 32 - SB0124S01 compared with SB0124S02 (B) a member of the parent's household or the guardian's household;

(xi) - 31 - SB0124 compared with SB0124S02 (A) the physical environment or the fact that the child is left unattended beyond a reasonable period of time poses a threat to the child's health or safety;

or - 33 - SB0124S01 compared with SB0124S02 (xv) the child's parent:

(ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent knowingly allowed the child to be in the physical care of an individual after the parent received actual notice that the individual physically abused, sexually abused, or sexually exploited the child, that fact is prima - 32 - SB0124 compared with SB0124S02 facie evidence that there is a substantial risk that the child will be physically abused, sexually abused, or sexually exploited.

- 34 - SB0124S01 compared with SB0124S02 (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the juvenile court and the division do not have any duty to make reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, return a child to the child's home, provide reunification services, or attempt to rehabilitate the offending parent or parents.

- 33 - SB0124 compared with SB0124S02 (a) any error in the initial removal of the child;

and - 35 - SB0124S01 compared with SB0124S02 (C) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian.

- 34 - SB0124 compared with SB0124S02 (ii) family preservation;

(iv) If the district court has a pending case concerning questions of custody, support, or parent-time, and if the juvenile court grants an order of permanent custody and guardianship with one of the child's - 36 - SB0124S01 compared with SB0124S02 parents under this Subsection (2)(d), the juvenile court shall order one of the child's parents to file the order of permanent custody and guardianship with the district court within a reasonable time.

- 35 - SB0124 compared with SB0124S02 (A) be examined or treated by a mental health therapist, as described in Section 80-3-109;

(3) - 37 - SB0124S01 compared with SB0124S02 (a) At the dispositional hearing described in Subsection 80-3-402(3), if a child remains in an out-of- home placement, the juvenile court shall:

or - 36 - SB0124 compared with SB0124S02 (C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized by contact with the parent.

- 38 - SB0124S01 compared with SB0124S02 (ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting custody of the minor in the division is the least restrictive intervention for the minor that meets the minor's needs;

- 37 - SB0124 compared with SB0124S02 Section 8.

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