Section 80-2a-202 - Removal of a child by a peace officer or child welfare caseworker - Search warrants - Protective custody and temporary care of a child(1) A peace officer or child welfare caseworker may remove a child or take a child into protective custody, temporary custody, or custody in accordance with this section.(2)(a) Except as provided in Subsection (2)(b), a peace officer or a child welfare caseworker may not enter the home of a child whose case is not under the jurisdiction of the juvenile court, remove a child from the child's home or school, or take a child into protective custody unless: (i) there exist exigent circumstances sufficient to relieve the peace officer or the child welfare caseworker of the requirement to obtain a search warrant under Subsection (3);(ii) the peace officer or child welfare caseworker obtains a search warrant under Subsection (3);(iii) the peace officer or child welfare caseworker obtains a court order after the child's parent or guardian is given notice and an opportunity to be heard; or(iv) the peace officer or child welfare caseworker obtains the consent of the child's parent or guardian.(b) A peace officer or a child welfare caseworker may not take action under Subsection (2)(a) solely on the basis of: (i) educational neglect, truancy, or failure to comply with a court order to attend school; (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, as those terms are defined in Section 26B-4-201 ; or(iii) a parent's agreement or disagreement with a minor child of the couple's:(A) assertion that the child's gender identity is different from the child's biological sex; or(B) practice of having or expressing a different gender identity than the child's biological sex.(3)(a) The juvenile court may issue a warrant authorizing a peace officer or a child welfare caseworker to search for a child and take the child into protective custody if it appears to the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to by a peace officer or another individual, and upon the examination of other witnesses if required by the juvenile court, that there is probable cause to believe that: (i) there is a threat of substantial harm to the child's health or safety;(ii) it is necessary to take the child into protective custody to avoid the harm described in Subsection (3)(a)(i); and(iii) it is likely that the child will suffer substantial harm if the child's parent or guardian is given notice and an opportunity to be heard before the child is taken into protective custody.(b) In accordance with Section 77-23-210, a peace officer making the search under Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the child.(4)(a) A child welfare caseworker may take action under Subsection (2) accompanied by a peace officer or without a peace officer if a peace officer is not reasonably available.(b)(i) Before taking a child into protective custody, and if possible and consistent with the child's safety and welfare, a child welfare caseworker shall 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.(ii) In determining whether the services described in Subsection (4)(b)(i) are reasonably available, the child welfare caseworker shall consider the child's health, safety, and welfare as the paramount concern.(iii) If the child welfare caseworker determines the services described in Subsection (4)(b)(i) are reasonably available, the services shall be utilized.(5)(a) If a peace officer or a child welfare caseworker takes a child into protective custody under Subsection (2), the peace officer or child welfare caseworker shall:(i) notify the child's parent or guardian in accordance with Section 80-2a-203; and(ii) release the child to the care of the child's parent or guardian or another responsible adult, unless:(A) the child's immediate welfare requires the child remain in protective custody; or(B) the protection of the community requires the child's detention in accordance with Chapter 6, Part 2, Custody and Detention.(b)(i) If a peace officer or child welfare caseworker is executing a warrant under Subsection (3), the peace officer or child welfare caseworker shall take the child to:(A) a shelter facility; or(B) if the division makes an emergency placement under Section 80-2a-301, the emergency placement.(ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall promptly file a written report that includes the child's information, on a form provided by the division, with the shelter facility.(c) A child removed or taken into protective custody under this section may not be placed or kept in detention pending court proceedings, unless the child may be held in detention under Chapter 6, Part 2, Custody and Detention.(6)(a) The juvenile court shall issue a warrant authorizing a peace officer or a child welfare worker to search for a child who is missing, has been abducted, or has run away, and take the child into physical custody if the juvenile court determines that the child is missing, has been abducted, or has run away from the protective custody, temporary custody, or custody of the division.(b) If the juvenile court issues a warrant under Subsection (6)(a): (i) the division shall notify the child's parent or guardian who has a right to parent-time with the child in accordance with Subsection 80-2a-203(5)(a);(ii) the court shall order:(A) the law enforcement agency that has jurisdiction over the location from which the child ran away to enter a record of the warrant into the National Crime Information Center database within 24 hours after the time in which the law enforcement agency receives a copy of the warrant; and(B) the division to notify the law enforcement agency described in Subsection (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and(c) the court shall specify the location to which the peace officer or the child welfare caseworker shall transport the child.Amended by Chapter TBD, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 330, 2023 General Session ,§ 137, eff. 5/3/2023.Renumbered from § 62A-4a-202.1 by Chapter 334, 2022 General Session ,§ 97, eff. 9/1/2022.Repealed and reenacted by Chapter 261, 2021 General Session ,§ 5, eff. 9/1/2021.Amended by Chapter 1, 2018SP3 General Session ,§ 133, eff. 12/3/2018.Amended by Utah Proposition 2, Medical Marijuana Initiative (2018), approved by the voters at the general election held on 11/6/2018, and effective 12/1/2018.Amended by Chapter 293, 2012 General Session ,§ 4, eff. 5/8/2012.Amended by Chapter 221, 2012 General Session ,§ 1, eff. 7/1/2012.Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session