§ 80-2-701 — Division preremoval investigation -- Supported or unsupported reports -- Convening of child protection team -- Coordination with law enforcement -- Consultation with child protection team before close of investigation.

(1) (1)(a) The division shall conduct a thorough preremoval investigation upon receiving a report under Section 80-2-602 or 80-2-603 if there is reasonable cause to suspect that a situation of abuse, neglect, or the circumstances described in Subsection 80-2-603(2) exist.
(1)(b) The primary purpose of the preremoval investigation described in Subsection (1)(a) shall be protection of the child.
(2) The preremoval investigation described in Subsection (1)(a) shall meet the reasonable professional standards described in Section 80-2-702.
(3) The division shall make a written report of the division's preremoval investigation under Subsection (1)(a) that includes a determination regarding whether the alleged abuse or neglect in the report described in Subsection (1)(a) is supported, unsupported, or without merit.
(4) The division:

(4)(a) shall use an interdisciplinary approach if appropriate in dealing with a report made under Section 80-2-602, 80-2-603, or 80-2-604;
(4)(b) in accordance with Section 80-2-706, shall convene a child protection team to assist the division in the division's protective, diagnostic, assessment, treatment, and coordination services; and
(4)(c) may include a member of the child protection team in the division's protective, diagnostic, assessment, treatment, or coordination services.
(5) If a report of neglect is based on or includes an allegation of educational neglect, the division shall immediately consult with school authorities to verify the child's status in accordance with Sections 53G-6-201 through 53G-6-206.
(6) Upon completion of the initial preremoval investigation under this section, the division shall give notice of the completion to the person who made the initial report described in Subsection (1)(a).
(7) A division child welfare caseworker:

(7)(a) has authority to:
(7)(a)(i) enter upon public or private premises, using appropriate legal processes; and
(7)(a)(ii) to investigate a report of alleged child abuse or neglect, upon notice to a parent of the parent's rights under the Child Abuse Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof; and
(7)(b) may take a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child.
(8) In a case, if law enforcement has investigated or is conducting an investigation of alleged abuse or neglect of a child, the division:

(8)(a) shall coordinate with law enforcement to ensure that there is an adequate safety plan to protect the child from further abuse or neglect; and
(8)(b) is not required to duplicate an aspect of the investigation that, in the division's determination, has been satisfactorily completed by law enforcement.
(9) In a mutual case in which a child protection team is involved in the investigation of alleged abuse or neglect of a child, the division shall consult with the child protection team before closing the case.

Legislative History

Amended by Chapter 308, 2022 General Session; Renumbered and Amended by Chapter 334, 2022 General Session; Amended by Chapter 334, 2022 General Session, (Coordination Clause)