2006 Utah Code - 62A-4a-202.1 — Entering home of a child -- Taking a child into protective custody -- Caseworker accompanied by peace officer -- Preventive services -- Shelter care or emergency kinship.

     62A-4a-202.1.   Entering home of a child -- Taking a child into protective custody -- Caseworker accompanied by peace officer -- Preventive services -- Shelter care or emergency kinship.
     (1) A peace officer or child welfare worker may not enter the home of a child who is not under the jurisdiction of the court, remove a child from the child's home or school, or take a child into protective custody unless authorized under Subsection 78-3a-106(2).
     (2) A child welfare worker within the division may take action under Subsection (1) accompanied by a peace officer, or without a peace officer when a peace officer is not reasonably available.
     (3) (a) If possible, consistent with the child's safety and welfare, before taking a child into protective custody, the child welfare worker shall also 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.
     (b) If the services described in Subsection (3)(a) are reasonably available, they shall be utilized.
     (c) In determining whether the services described in Subsection (3)(a) are reasonably available, and in making reasonable efforts to provide those services, the child's health, safety, and welfare shall be the child welfare worker's paramount concern.
     (4) (a) A child removed or taken into custody under this section may not be placed or kept in a secure detention facility pending court proceedings unless the child is detainable based on guidelines promulgated by the Division of Juvenile Justice Services.
     (b) A child removed from the custody of the child's parent or guardian but who does not require physical restriction shall be given temporary care in:
     (i) a shelter facility; or
     (ii) an emergency kinship placement in accordance with Section 62A-4a-209.

Amended by Chapter 75, 2006 General Session
Amended by Chapter 13, 2006 General Session
Amended by Chapter 281, 2006 General Session