State Codes and Statutes

Statutes > Utah > Title-62a > Chapter-04a > 62a-4a-202-6

62A-4a-202.6. Conflict child protective services investigations -- Authority ofinvestigators.
(1) (a) The division shall contract with an independent child protective serviceinvestigator from the private sector to investigate reports of abuse or neglect of a child that occurwhile the child is in the custody of the division.
(b) The executive director shall designate an entity within the department, other than thedivision, to monitor the contract for the investigators described in Subsection (1)(a).
(c) When a report is made that a child is abused or neglected while in the custody of thedivision:
(i) the attorney general may, in accordance with Section 67-5-16, and with the consent ofthe division, employ a child protective services investigator to conduct a conflict investigation ofthe report; or
(ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent ofthe division, conduct a conflict investigation of the report.
(d) Subsection (1)(c)(ii) does not prevent a law enforcement officer from, without theconsent of the division, conducting a criminal investigation of abuse or neglect under Title 53,Public Safety Code.
(2) The investigators described in Subsections (1)(c) and (d) may also investigateallegations of abuse or neglect of a child by a department employee or a licensed substitute careprovider.
(3) The investigators described in Subsection (1), if not peace officers, shall have thesame rights, duties, and authority of a child protective services investigator employed by thedivision to:
(a) make a thorough investigation upon receiving either an oral or written report ofalleged abuse or neglect of a child, with the primary purpose of that investigation being theprotection of the child;
(b) make an inquiry into the child's home environment, emotional, or mental health, thenature and extent of the child's injuries, and the child's physical safety;
(c) make a written report of their investigation, including determination regardingwhether the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, andforward a copy of that report to the division within the time mandates for investigationsestablished by the division; and
(d) immediately consult with school authorities to verify the child's status in accordancewith Sections 53A-11-101 through 53A-11-103 when a report is based upon or includes anallegation of educational neglect.

Amended by Chapter 239, 2010 General Session