(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.
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Terms Used In Utah Code 80-2a-202

  • Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Detention: means home detention or secure detention. See Utah Code 80-1-102
  • Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
         (35)(a) marriage;
         (35)(b) enlistment in the armed forces;
         (35)(c) major medical, surgical, or psychiatric treatment; or
         (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
  • Harm: means :
         (37)(a) physical or developmental injury or damage;
         (37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;
         (37)(c) sexual abuse; or
         (37)(d) sexual exploitation. See Utah Code 80-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (54)(a) a child; or
         (54)(b) an individual:
              (54)(b)(i)
                   (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
              (54)(b)(ii)
                   (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
                   (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
              (54)(b)(iii)
                   (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
         (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
         (66)(b) the day on which the child is returned home. See Utah Code 80-1-102
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
  • Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)

     (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:

          (2)(a)(i) there exist exigent circumstances sufficient to relieve the peace officer or the child welfare caseworker of the requirement to obtain a search warrant under Subsection (3);
          (2)(a)(ii) the peace officer or child welfare caseworker obtains a search warrant under Subsection (3);
          (2)(a)(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
          (2)(a)(iv) the peace officer or child welfare caseworker obtains the consent of the child’s parent or guardian.
     (2)(b) A peace officer or a child welfare caseworker may not take action under Subsection (2)(a) solely on the basis of:

          (2)(b)(i) educational neglect, truancy, or failure to comply with a court order to attend school;
          (2)(b)(ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, 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 26B-4-201; or
          (2)(b)(iii) a parent’s agreement or disagreement with a minor child of the couple’s:

               (2)(b)(iii)(A) assertion that the child’s gender identity is different from the child’s biological sex; or
               (2)(b)(iii)(B) practice of having or expressing a different gender identity than the child’s biological sex.
(3)

     (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:

          (3)(a)(i) there is a threat of substantial harm to the child’s health or safety;
          (3)(a)(ii) it is necessary to take the child into protective custody to avoid the harm described in Subsection (3)(a)(i); and
          (3)(a)(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.
     (3)(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.
(4)

     (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.
     (4)(b)

          (4)(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.
          (4)(b)(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.
          (4)(b)(iii) If the child welfare caseworker determines the services described in Subsection (4)(b)(i) are reasonably available, the services shall be utilized.
(5)

     (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:

          (5)(a)(i) notify the child’s parent or guardian in accordance with Section 80-2a-203; and
          (5)(a)(ii) release the child to the care of the child’s parent or guardian or another responsible adult, unless:

               (5)(a)(ii)(A) the child’s immediate welfare requires the child remain in protective custody; or
               (5)(a)(ii)(B) the protection of the community requires the child’s detention in accordance with Chapter 6, Part 2, Custody and Detention.
     (5)(b)

          (5)(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:

               (5)(b)(i)(A) a shelter facility; or
               (5)(b)(i)(B) if the division makes an emergency placement under Section 80-2a-301, the emergency placement.
          (5)(b)(ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall promptly file a written report that includes the child’s information, on a form provided by the division, with the shelter facility.
     (5)(c) A child removed or taken into protective custody under this section may not be placed or kept in detention pending court proceedings, unless the child may be held in detention under Chapter 6, Part 2, Custody and Detention.
(6)

     (6)(a) The juvenile court shall issue 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.
     (6)(b) If the juvenile court issues a warrant under Subsection (6)(a):

          (6)(b)(i) the division shall notify the child’s parent or guardian who has a right to parent-time with the child in accordance with Subsection 80-2a-203(5)(a);
          (6)(b)(ii) the court shall order:

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