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UTAH STATUTES AND CODES
62A-4a-202.1 - Entering home of a child -- Taking a child into protective custody -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or emergency placement.
62A-4a-202.1. Entering home of a child -- Taking a child into protective custody --Caseworker accompanied by peace officer -- Preventive services -- Shelter facility oremergency placement.
(1) A peace officer or child welfare worker may not enter the home of a child who is notunder the jurisdiction of the court, remove a child from the child's home or school, or take a childinto protective custody unless authorized under Subsection 78A-6-106(2).
(2) A child welfare worker within the division may take action under Subsection (1)accompanied by a peace officer, or without a peace officer when a peace officer is not reasonablyavailable.
(3) (a) If possible, consistent with the child's safety and welfare, before taking a childinto protective custody, the child welfare worker shall also determine whether there are servicesavailable that, if provided to a parent or guardian of the child, would eliminate the need toremove the child from the custody of the child's parent or guardian.
(b) If the services described in Subsection (3)(a) are reasonably available, they shall beutilized.
(c) In determining whether the services described in Subsection (3)(a) are reasonablyavailable, and in making reasonable efforts to provide those services, the child's health, safety,and welfare shall be the child welfare worker's paramount concern.
(4) (a) A child removed or taken into custody under this section may not be placed orkept in a secure detention facility pending court proceedings unless the child is detainable basedon guidelines promulgated by the Division of Juvenile Justice Services.
(b) A child removed from the custody of the child's parent or guardian but who does notrequire physical restriction shall be given temporary care in:
(i) a shelter facility; or
(ii) an emergency placement in accordance with Section 62A-4a-209.
(c) When making a placement under Subsection (4)(b), the Division of Child and FamilyServices shall give priority to a placement with a noncustodial parent, relative, or friend, inaccordance with Section 62A-4a-209.
(1) A peace officer or child welfare worker may not enter the home of a child who is notunder the jurisdiction of the court, remove a child from the child's home or school, or take a childinto protective custody unless authorized under Subsection 78A-6-106(2).
(2) A child welfare worker within the division may take action under Subsection (1)accompanied by a peace officer, or without a peace officer when a peace officer is not reasonablyavailable.
(3) (a) If possible, consistent with the child's safety and welfare, before taking a childinto protective custody, the child welfare worker shall also determine whether there are servicesavailable that, if provided to a parent or guardian of the child, would eliminate the need toremove the child from the custody of the child's parent or guardian.
(b) If the services described in Subsection (3)(a) are reasonably available, they shall beutilized.
(c) In determining whether the services described in Subsection (3)(a) are reasonablyavailable, and in making reasonable efforts to provide those services, the child's health, safety,and welfare shall be the child welfare worker's paramount concern.
(4) (a) A child removed or taken into custody under this section may not be placed orkept in a secure detention facility pending court proceedings unless the child is detainable basedon guidelines promulgated by the Division of Juvenile Justice Services.
(b) A child removed from the custody of the child's parent or guardian but who does notrequire physical restriction shall be given temporary care in:
(i) a shelter facility; or
(ii) an emergency placement in accordance with Section 62A-4a-209.
(c) When making a placement under Subsection (4)(b), the Division of Child and FamilyServices shall give priority to a placement with a noncustodial parent, relative, or friend, inaccordance with Section 62A-4a-209.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session
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