(1)

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 80-2-306

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
  • Neglect: means action or inaction causing:
              (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
              (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
              (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
              (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
              (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
              (58)(a)(vi) educational neglect. See Utah Code 80-1-102
     (1)(a) Within appropriations from the Legislature and money obtained under Subsection (5), the division shall provide in-home services for the purpose of family preservation to any family with a child whose health and safety is not immediately endangered, if:

          (1)(a)(i)

               (1)(a)(i)(A) the child is at risk of being removed from the home; or
               (1)(a)(i)(B) the family is in crisis; and
          (1)(a)(ii) the division determines that in-home services are reasonable and appropriate.
     (1)(b) In determining whether in-home services are reasonable and appropriate, and in keeping with Subsection 80-2a-201(1), the child’s health, safety, and welfare shall be the paramount concern.
     (1)(c) The division shall consider whether the services described in Subsection (1)(b):

          (1)(c)(i) will be effective within a six-month period; and
          (1)(c)(ii) are likely to prevent continued abuse or neglect of the child.
(2)

     (2)(a) The division shall maintain a statewide inventory of in-home services available through public and private agencies or individuals for use by child welfare caseworkers.
     (2)(b) The inventory described in Subsection (2)(a) shall include:

          (2)(b)(i) the method of accessing each service;
          (2)(b)(ii) eligibility requirements for each service;
          (2)(b)(iii) the geographic areas and the number of families that can be served by each service; and
          (2)(b)(iv) information regarding waiting lists for each service.
(3)

     (3)(a) As part of the division’s in-home services for the preservation of families, the division shall provide in-home services in varying degrees of intensity and contact that are specific to the needs of each individual family.
     (3)(b) As part of the division’s in-home services, the division shall:

          (3)(b)(i) provide customized assistance;
          (3)(b)(ii) provide support or interventions that are tailored to the needs of the family;
          (3)(b)(iii) discuss the family’s needs with the parent;
          (3)(b)(iv) discuss an assistance plan for the family with the parent; and
          (3)(b)(v) address:

               (3)(b)(v)(A) the safety of children;
               (3)(b)(v)(B) the needs of the family; and
               (3)(b)(v)(C) services necessary to aid in the preservation of the family and a child’s ability to remain in the home.
     (3)(c) The division shall, as practicable, provide in-home services within the region that the family resides, using existing division staff.
(4)

     (4)(a) The division may use specially trained child welfare caseworkers, private providers, or other persons to provide the in-home services described in Subsection (3).
     (4)(b) The division shall allow a child welfare caseworker to be flexible in responding to the needs of each individual family, including:

          (4)(b)(i) limiting the number of families assigned; and
          (4)(b)(ii) being available to respond to assigned families within 24 hours.
(5) To provide, expand, and improve the delivery of in-home services to prevent the removal of children from the children’s homes and promote the preservation of families, the division shall make substantial effort to obtain funding, including:

     (5)(a) federal grants;
     (5)(b) federal waivers; and
     (5)(c) private money.