62A-4a-209 - Emergency placement. - Utah Statutes

62A-4a-209. Emergency placement.
(1) As used in this section:
(a) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
(b) "Relative" is as defined in Subsection 78A-6-307(1)(b).
(2) The division may use an emergency placement under Subsection62A-4a-202.1(4)(b)(ii) when:
(a) the case worker has made the determination that:
(i) the child's home is unsafe;
(ii) removal is necessary under the provisions of Section 62A-4a-202.1; and
(iii) the child's custodial parent or guardian will agree to not remove the child from thehome of the person that serves as the placement and not have any contact with the child untilafter the shelter hearing required by Section 78A-6-306;
(b) a person, with preference being given in accordance with Subsection (4), can beidentified who has the ability and is willing to provide care for the child who would otherwise beplaced in shelter care, including:
(i) taking the child to medical, mental health, dental, and educational appointments at therequest of the division; and
(ii) making the child available to division services and the guardian ad litem; and
(c) the person described in Subsection (2)(b) agrees to care for the child on an emergencybasis under the following conditions:
(i) the person meets the criteria for an emergency placement under Subsection (3);
(ii) the person agrees to not allow the custodial parent or guardian to have any contactwith the child until after the shelter hearing unless authorized by the division in writing;
(iii) the person agrees to contact law enforcement and the division if the custodial parentor guardian attempts to make unauthorized contact with the child;
(iv) the person agrees to allow the division and the child's guardian ad litem to haveaccess to the child;
(v) the person has been informed and understands that the division may continue tosearch for other possible placements for long-term care, if needed;
(vi) the person is willing to assist the custodial parent or guardian in reunification effortsat the request of the division, and to follow all court orders; and
(vii) the child is comfortable with the person.
(3) Except as otherwise provided in Subsection (5), before the division places a child inan emergency placement, the division:
(a) may request the name of a reference and may contact the reference to determine theanswer to the following questions:
(i) would the person identified as a reference place a child in the home of the emergencyplacement; and
(ii) are there any other relatives or friends to consider as a possible emergency orlong-term placement for the child;
(b) shall have the custodial parent or guardian sign an emergency placement agreementform during the investigation;
(c) (i) if the emergency placement will be with a relative of the child, shall comply withthe background check provisions described in Subsection (7); or
(ii) if the emergency placement will be with a person other than a noncustodial parent or

a relative, shall comply with the criminal background check provisions described in Section78A-6-308 for adults living in the household where the child will be placed;
(d) shall complete a limited home inspection of the home where the emergencyplacement is made; and
(e) shall have the emergency placement approved by a family service specialist.
(4) (a) The following order of preference shall be applied when determining the personwith whom a child will be placed in an emergency placement described in this section, providedthat the person is willing, and has the ability, to care for the child:
(i) a noncustodial parent of the child in accordance with Section 78A-6-307;
(ii) a relative of the child;
(iii) subject to Subsection (4)(b), a friend designated by the custodial parent or guardianof the child, if the friend is a licensed foster parent; and
(iv) a shelter facility, former foster placement, or other foster placement designated bythe division.
(b) Unless the division agrees otherwise, the custodial parent or guardian described inSubsection (4)(a)(iii) may only designate one friend as a potential emergency placement.
(5) (a) The division may, pending the outcome of the investigation described inSubsections (5)(b) and (c), place a child in emergency placement with the child's noncustodialparent if, based on a limited investigation, prior to making the emergency placement, thedivision:
(i) determines that the noncustodial parent has regular, unsupervised visitation with thechild that is not prohibited by law or court order;
(ii) determines that there is not reason to believe that the child's health or safety will beendangered during the emergency placement; and
(iii) has the custodial parent or guardian sign an emergency placement agreement.
(b) Either before or after making an emergency placement with the noncustodial parentof the child, the division may conduct the investigation described in Subsection (3)(a) in relationto the noncustodial parent.
(c) Before, or within one day, excluding weekends and holidays, after a child is placed inan emergency placement with the noncustodial parent of the child, the division shall conduct alimited:
(i) background check of the noncustodial parent, pursuant to Subsection (7); and
(ii) inspection of the home where the emergency placement is made.
(6) After an emergency placement, the division caseworker must:
(a) respond to the emergency placement's calls within one hour if the custodial parents orguardians attempt to make unauthorized contact with the child or attempt to remove the child;
(b) complete all removal paperwork, including the notice provided to the custodialparents and guardians under Section 78A-6-306;
(c) contact the attorney general to schedule a shelter hearing;
(d) complete the placement procedures required in Section 78A-6-307; and
(e) continue to search for other relatives as a possible long-term placement, if needed.
(7) (a) The background check described in Subsection (3)(c)(i) shall include:
(i) completion of a nonfingerprint-based, Utah Bureau of Criminal Identificationbackground check; and
(ii) a completed search of the Management Information System described in Section

62A-4a-1003.
(b) The division shall determine whether a person passes the background check describedin this Subsection (7) pursuant to the provisions of Subsections 62A-2-120(2), (3), and (8).
(c) Notwithstanding Subsection (7)(b), the division may not place a child with anindividual who is prohibited by court order from having access to that child.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session