2006 Utah Code - 62A-4a-209 — Emergency kinship placement.

     62A-4a-209.   Emergency kinship placement.
     (1) The division may use an emergency kinship placement under Subsection 62A-4a-202.1(4)(b)(ii) when:
     (a) the case worker has made the determination that:
     (i) the child's home is unsafe;
     (ii) removal is necessary under the provisions of Section 62A-4a-202.1; and
     (iii) the child's custodial parent or guardian will agree to not remove the child from the relative's home who serves as the kinship placement and not have any contact with the child until after the shelter hearing required by Section 78-3a-306;
     (b) a relative, with preference being given to a noncustodial parent in accordance with Section 78-3a-307, 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) the relative has the ability to make the child available to division services and the guardian ad litem; and
     (c) the relative agrees to care for the child on an emergency basis under the following conditions:
     (i) the relative meets the criteria for an emergency kinship placement under Subsection (2);
     (ii) the relative agrees to not allow the custodial parent or guardian to have any contact with the child until after the shelter hearing unless authorized by the division in writing;
     (iii) the relative agrees to contact law enforcement and the division if the custodial parent or guardian attempts to make unauthorized contact with the child;
     (iv) the relative agrees to allow the division and the child's guardian ad litem to have access to the child;
     (v) the relative has been informed and understands that the division may continue to search for other possible kinship placements for long-term care, if needed;
     (vi) the relative 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 relative.
     (2) Before the division places a child in an emergency kinship placement, the division must:
     (a) request the name of a reference and when possible, contact the reference and determine the answer to the following questions:
     (i) would the person identified as a reference place a child in the home of the emergency kinship placement; and
     (ii) are there any other relatives to consider as a possible emergency or long-term placement for the child;
     (b) have the custodial parent or guardian sign an emergency kinship placement agreement form during the investigation;
     (c) complete a criminal background check described in Sections 62A-4a-202.4 and 78-3a-307.1 on all persons living in the relative's household;
     (d) complete a home inspection of the relative's home; and
     (e) have the emergency kinship placement approved by a family service specialist.

---

     (3) As soon as possible after the emergency placement and prior to the shelter hearing required by Section 78-3a-306, the division shall convene a family unity meeting.
     (4) After an emergency kinship placement, the division caseworker must:
     (a) respond to the emergency kinship placement's calls within one hour if the custodial parents or guardians attempt to make unauthorized contact with the child or attempt to remove the child;
     (b) complete all removal paperwork, including the notice provided to the custodial parents and guardians under Section 78-3a-306;
     (c) contact the attorney general to schedule a shelter hearing;
     (d) complete the kinship procedures required in Section 78-3a-307, including, within five days after placement, the criminal history record check described in Subsection (5); and
     (e) continue to search for other relatives as a possible long-term placement, if needed.
     (5) (a) In order to determine the suitability of the kinship placement and to conduct a background screening and investigation of individuals living in the household in which a child is placed, each individual living in the household in which the child is placed who has not lived in the state substantially year round for the most recent five consecutive years ending on the date the investigation is commenced shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the division to the Federal Bureau of Investigation for a national criminal history record check.
     (b) The cost of those investigations shall be borne by whomever received placement of the child, except that the division may pay all or part of the cost of those investigations if the person with whom the child is placed is unable to pay.

Amended by Chapter 71, 2005 General Session