| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.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:| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102Protective services: means expedited services that are provided:| (a) | in response to evidence of neglect, abuse, or dependency of a child; |
| (b) | to a cohabitant who is neglecting or abusing a child, in order to:| (i) | help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and |
| (ii) | strengthen the cohabitant's ability to provide safe and acceptable care; and |
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| (c) | in cases where the child's welfare is endangered:| (i) | to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; |
| (ii) | to cause a protective order to be issued for the protection of the child, when appropriate; and |
| (iii) | to protect the child from the circumstances that endanger the child's welfare including, when appropriate:| (A) | removal from the child's home; |
| (B) | placement in substitute care; and |
| (C) | petitioning the court for termination of parental rights. See Utah Code 80-1-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 |
| (2) |
The child welfare training coordinator is not responsible for direct casework services or the supervision of casework services, but is required to:
| (a) |
develop child welfare curriculum that:
| (i) |
is current and effective, consistent with the division’s mission and purpose for child welfare; and |
| (ii) |
utilizes curriculum and resources from a variety of sources including those from:
| (B) |
the private sector; and |
| (C) |
inside and outside of the state; |
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| (b) |
recruit, select, and supervise child welfare trainers; |
| (c) |
develop a statewide training program, including a budget and identification of sources of funding to support that training; |
| (d) |
evaluate the efficacy of training in improving job performance; |
| (e) |
assist child protective services and foster care workers in developing and fulfilling their individual training plans; |
| (f) |
monitor staff compliance with division training requirements and individual training plans; and |
| (g) |
expand the collaboration between the division and schools of social work within institutions of higher education in developing child welfare services curriculum, and in providing and evaluating training. |
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| (3) |
The director shall, with the assistance of the child welfare training coordinator, establish and ensure child welfare caseworker competency regarding a core curriculum for child welfare services that:
| (a) |
is driven by child safety and family well-being; |
| (b) |
emphasizes child and family voice; |
| (c) |
is trauma-informed, as defined in Section 63M-7-209; and |
| (d) |
is consistent with national child welfare practice standards. |
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| (4) |
A child welfare caseworker shall complete training in:
| (a) |
the legal duties of a child welfare caseworker; |
| (b) |
the responsibility of a child welfare caseworker to protect the safety and legal rights of children, parents, and families at all stages of a case, including:
| (ii) |
safety and risk assessment, as described in Section 80-2-403; and |
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| (c) |
recognizing situations involving:
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| (d) |
the relationship of the Fourth and Fourteenth Amendments of the Constitution of the United States to the child welfare caseworker’s job, including:
| (i) |
search and seizure of evidence; |
| (ii) |
the warrant requirement; |
| (iii) |
exceptions to the warrant requirement; and |
| (iv) |
removing a child from the custody of the child’s parent or guardian. |
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| (5) |
The division shall train the division’s child welfare caseworkers to:
| (a) |
apply the risk assessment tools and rules described in Subsection 80-1-102(83); and |
| (b) |
develop child and family plans that comply with:
| (i) |
federal mandates; and |
| (ii) |
the specific needs of the child and the child’s family. |
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| (6) |
The division shall use the training of child welfare caseworkers to emphasize:
| (a) |
the importance of maintaining the parent-child relationship; |
| (b) |
the preference for providing in-home services over taking a child into protective custody, both for the emotional well-being of the child and the efficient allocation of resources; and |
| (c) |
the importance and priority of:
| (i) |
kinship placement in the event a child must be taken into protective custody; and |
| (ii) |
guardianship placement, in the event the parent-child relationship is legally terminated and no appropriate adoptive placement is available. |
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| (7) |
If a child welfare caseworker is hired, before assuming independent casework responsibilities, the division shall ensure that the child welfare caseworker has:
| (a) |
completed the training described in Subsections (4), (5), and (6); and |
| (b) |
participated in sufficient skills development for a child welfare caseworker. |
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Renumbered and Amended by Chapter 334, 2022 General Session
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