Division Placement of a Child after Removal

Utah Code tit. 80, ch. 80-2a, pt. 80-2a-P3

in effect

Utah Code § 80-2a-301 Division's emergency placement of a child -- Background checks.

80-2a-301. Division's emergency placement of a child -- Background checks. (1) The division may place a child in an emergency placement if: (a) the child welfare caseworker makes the determination that: (i) the child's home is unsafe; (ii) removal is necessary under Section 80-2a-202; and (iii) the child's custodial parent or guardian will agree to not remove the child from the home of the individual that serves as the placement and not have any contact with the child until after the time at which the shelter hearing is held under Section 80-3-301; (b) an individual, with preference being given in accordance with Subsection (4), can be identified who has the ability and is willing to provide care for the child who would otherwise be placed in shelter care, including: (i) taking the child to medical, mental health, dental, and educational appointments at the request of the division; and (ii) making the child available to division services and the guardian ad litem; and (c) the individual described in Subsection (1)(b) agrees to care for the child on an emergency basis under the following conditions: (i) the individual meets the criteria for an emergency placement under Subsection (2); (ii) the individual agrees to not allow the custodial parent or guardian to have any contact with the child until after the time at which the shelter hearing is held unless authorized by the division in writing; (iii) the individual agrees to contact law enforcement and the division if the custodial parent or guardian attempts to make unauthorized contact with the child; (iv) the individual agrees to allow the division and the child's guardian ad litem to have access to the child; (v) the individual is informed and understands that the division may continue to search for other possible placements for long-term care of the child, if needed; (vi) the individual is willing to assist the custodial parent or guardian in reunification efforts at the request of the division, and to follow all court orders; and (vii) the child is comfortable with the individual. (2) Except as provided in Subsection (4), before the day on which the division places a child in an emergency placement, the division: (a) may request the name of a reference and may contact the reference to determine whether: (i) the individual identified as a reference would place a child in the home of the emergency placement; and (ii) there are any other relatives or friends to consider as a possible emergency or long-term placement for the child; (b) in accordance with Subsection (4)(a), shall have the custodial parent or guardian sign an emergency placement agreement form during the investigation described in Subsection (2)(a); (c) (i) if the emergency placement will be with a relative, shall comply with the background check provisions described in Subsection (6); or (ii) if the emergency placement will be with an individual other than a noncustodial parent or relative, shall comply with the background check provisions described in Subsection (7) for adults living in the household where the child will be placed; (d) shall complete a limited home inspection of the home where the emergency placement is made; and (e) shall require the child welfare caseworker to have the emergency placement approved by a supervisor designated by the division. (3) (a) The division shall apply the following order of preference when determining the person with whom a child will be placed in an emergency placement, provided that the individual is able and willing to care for the child: (i) a noncustodial parent of the child in accordance with Section 80-3-302; (ii) a relative; (iii) subject to Subsection (3)(b), a friend designated by the custodial parent, guardian, or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; (iv) a former foster placement designated by the division; (v) a foster placement, that is not a former foster placement, designated by the division; and (vi) a shelter facility designated by the division. (b) In determining whether a friend is a willing and appropriate temporary emergency placement for a child, the division: (i) subject to Subsections (3)(b)(ii) through (iv), shall consider the child's preferences or level of comfort with the friend; (ii) is required to consider no more than one friend designated by each parent or legal guardian of the child and one friend designated by the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; (iii) may limit the number of designated friends to two, one of whom shall be a friend designated by the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; and (iv) shall give preference to a friend designated by the child, if: (A) the child is of sufficient maturity to articulate the child's wishes; and (B) the division's basis for removing the child under Section 80-2a-202 is sexual abuse of the child. (4) (a) The division may, pending the outcome of the investigation described in Subsections (4)(b) and (c), place a child in emergency placement with the child's noncustodial parent if, based on a limited investigation before the day on which the division makes the emergency placement, the division: (i) determines that the noncustodial parent has regular, unsupervised visitation with the child 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 be endangered during the emergency placement; and (iii) has the custodial parent or guardian sign an emergency placement agreement. (b) Either before or after the day on which the division makes an emergency placement with the noncustodial parent of the child, the division may conduct the investigation described in Subsection (2)(a) in relation to the noncustodial parent. (c) Before, or within one day, excluding weekends and holidays, after the day on which the division places a child in an emergency placement with the noncustodial parent of the child, the division shall conduct a limited: (i) background check of the noncustodial parent, under Subsection (6); and (ii) inspection of the home where the emergency placement is made. (5) After an emergency placement, the child welfare caseworker must: (a) respond to the emergency placement's calls within one hour after the call is received if the custodial parent or guardian attempts to make unauthorized contact with the child or attempts to remove the child from the emergency placement; (b) complete all removal paperwork, including the notice provided to the child's custodial parent or guardian under Section 80-3-301; (c) if the child is not placed with a noncustodial parent, relative, or friend, file a report with the child welfare caseworker's supervisor that explains why a different placement is in the child's best interest; (d) contact the attorney general to schedule a shelter hearing; (e) complete the placement procedures required in Section 80-3-302; and (f) continue to search for other relatives as a possible long-term placement for the child, if needed. (6) (a) The background check described in Subsections (2)(c)(i) and (4)(c)(i) shall include completion of: (i) a name-based, Utah Bureau of Criminal Identification background check; and (ii) a search of the Management Information System. (b) The division shall determine whether an individual passes the background check described in Subsection (6)(a) in accordance with Section 26B-2-120. (c) Notwithstanding Subsection (6)(b), the division may not place a child with an individual who is prohibited by court order from having access to the child. (7) (a) The background check described in Subsection (2)(c)(ii) shall include completion of: (i) a name-based, Utah Bureau of Criminal Identification background check; (ii) a federal name-based criminal background check; and (iii) a search of the Management Information System. (b) The division shall determine whether an individual passes the background check described in Subsection (7)(a) in accordance with Section 26B-2-120. (c) If the division denies placement of a child as a result of a name-based criminal background check described in Subsection (7)(a), and the individual contests the denial, the individual shall submit a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check. (d) (i) Within 15 calendar days after the day on which the name-based background checks are completed, the division shall require the individual to provide a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check. (ii) If the individual fails to provide the fingerprints and written permission described in Subsection (7)(d)(i), the child shall immediately be removed from the child's home. Amended by Chapter 330, 2023 General Session

Utah Code § 80-2a-302 Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification.

80-2a-302. Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification. (1) Because removal of a child from the child's home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the division shall: (a) if possible and appropriate, without danger to the child's welfare, make reasonable efforts to prevent or eliminate the need for removal of a child from the child's home before the day on which the child is placed in substitute care; (b) determine whether there is substantial cause to believe that a child has been or is in danger of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse, Neglect, and Dependency Proceedings, before removing the child from the child's home; and (c) if possible and appropriate, and in accordance with the limitations and requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible for a child in substitute care to return to the child's home. (2) (a) In determining the reasonableness of efforts needed to maintain a child in the child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or (c), the child's health, safety, and welfare shall be the paramount concern. (b) The division shall consider whether the efforts described in Subsections (1) and (2) are likely to prevent abuse or continued neglect of the child. (3) If removal and placement in substitute care is necessary to protect a child, the efforts described in Subsections (1) and (2): (a) are not reasonable or appropriate; and (b) should not be utilized. (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts to, in any way, attempt to: (a) maintain a child in the child's home; (b) provide reunification services; or (c) rehabilitate the offending parent or parents. (5) Subsection (4) does not exempt the division from providing court ordered services. Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2a-303 Child missing from division custody -- Placement after locating child.

80-2a-303. Child missing from division custody -- Placement after locating child. (1) If the division receives information that a child in the protective custody, temporary custody, or custody of the division is missing, has been abducted, or has run away, the division shall: (a) within 24 hours after the time when the division has reason to believe that the information that the child is missing, has been abducted, or has run away is accurate, notify the National Center for Missing and Exploited Children; and (b) pursue a warrant under Subsection 80-2a-202(6). (2) If the division locates a child described in Subsection (1), the division shall: (a) determine the primary factors that caused or contributed to the child's absence from care; (b) determine the child's experiences while absent from care, including screening the child to determine if the child is a sex trafficking victim; (c) to the extent possible, select a placement for the child that accommodates the child's needs and takes into consideration the factors and experiences described in Subsections (2)(a) and (b); and (d) follow the requirements in Section 80-3-303 for determining an ongoing placement of the child. Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2a-304 Removal of a child from foster family placement -- Procedural due process.

80-2a-304. Removal of a child from foster family placement -- Procedural due process. (1) (a) The Legislature finds that, except with regard to a child's parent or guardian, a foster family has a very limited but recognized interest in the foster family's familial relationship with a foster child who has been in the care and custody of the foster family and in making determinations regarding removal of a child from a foster home, the division may not dismiss the foster family as a mere collection of unrelated individuals. (b) The Legislature finds that children in the temporary custody and custody of the division are experiencing multiple changes in foster care placements with little or no documentation, and that numerous studies of child growth and development emphasize the importance of stability in foster care living arrangements. (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide procedural due process for a foster family before removal of a foster child from the foster family's home, regardless of the length of time the child has been in the foster family's home, unless removal is for the purpose of: (i) returning the child to the child's parent or guardian; (ii) immediately placing the child in an approved adoptive home; (iii) placing the child with a relative who obtained custody or asserted an interest in the child within the preference period described in Subsection 80-3-302(7); or (iv) placing an Indian child in accordance with placement preferences and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915. (2) (a) The division shall maintain and utilize due process procedures for removal of a foster child from a foster home, in accordance with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. (b) The procedures described in Subsection (2)(a) shall include requirements for: (i) personal communication with, and a written explanation of the reasons for the removal to, the foster parents before removal of the child; and (ii) an opportunity for foster parents to: (A) present the foster parents' information and concerns to the division; and (B) request a review, to be held before removal of the child, by a third party neutral fact finder or if the child is placed with the foster parents for a period of 12 months or longer, request a review, to be held before removal of the child, by the juvenile court judge currently assigned to the child's case or, if the juvenile court judge currently assigned to the child's case is not available, another juvenile court judge. (c) If the division determines that there is a reasonable basis to believe that the child is in danger or that there is a substantial threat of danger to the health or welfare of the child, the division shall place the child in emergency foster care during the pendency of the procedures described in this Subsection (2), instead of making another foster care placement. (3) (a) If the division removes a child from a foster home based on the child's statement alone, the division shall initiate and expedite the processes described in Subsection (2). (b) The division may not take formal action with regard to the foster parent's license until after the processes described in Subsection (2), in addition to any other procedure or hearing required by law, are completed. (4) If a complaint is made to the division by a foster child against a foster parent, the division shall, within 30 business days after the day on which the complaint is received, provide the foster parent with information regarding the specific nature of the complaint, the time and place of the alleged incident, and who was alleged to have been involved. (5) If the division places a child in a foster home, the division shall provide the foster parents with: (a) notification of the requirements of this section; (b) a written description of the procedures enacted by the division under Subsection (2) and how to access the procedures; and (c) written notification of the foster parents' ability to petition the juvenile court directly for review of a decision to remove a foster child who, subject to Section 80-3-502, has been in the foster parents' custody for 12 months or longer. (6) This section does not apply to the removal of a child based on a foster parent's request for the removal. (7) It is unlawful for a person, with the intent to avoid compliance with the requirements of this section, to: (a) take action, or encourage another to take action, against the license of a foster parent; or (b) remove a child from a foster home before the child is placed with the foster parents for two years. (8) The division may not remove a foster child from a foster parent who is a relative of the child on the basis of the age or health of the foster parent without determining: (a) by clear and convincing evidence that the foster parent is incapable of caring for the foster child, if the alternative foster parent would not be another relative of the child; or (b) by a preponderance of the evidence that the foster parent is incapable of caring for the foster child, if the alternative foster parent would be another relative of the child. Amended by Chapter 54, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter2A/80-2a-P3.html?v=C80-2a-P3_2022050420220901Fetched: 10/26/2026