Removal or protective custody of a child -- Search warrants -- Temporary care of a child.
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(1) A peace officer or a child welfare worker may not enter the home of a child whose case 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:
(a) there exist exigent circumstances sufficient to relieve the peace officer or the child welfare worker of the requirement to obtain a search warrant under Subsection (4) or (8);
(b) the peace officer or the child welfare worker obtains a search warrant under Subsection (4) or (8);
(c) the peace officer or the child welfare worker obtains a court order after the child's parent or guardian is given notice and an opportunity to be heard; or
(d) the peace officer or the child welfare worker obtains the consent of the child's parent or guardian.
(2) A peace officer or a child welfare worker may not remove a child from the child's home or take a child into custody under this section solely on the basis of:
(a) educational neglect, truancy, or failure to comply with a court order to attend school; or
(b) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act, 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 26-61a-102.
(3)
(a) A child welfare worker may take action under Subsection (1) accompanied by a peace officer or without a peace officer if a peace officer is not reasonably available.
(b) Before taking a child into protective custody, and if possible and if consistent with the child's safety and welfare, a child welfare worker 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.
(c) If the services described in Subsection (3)(b) are reasonably available, the services described in Subsection (3)(b) shall be utilized.
(d) In determining whether the services described in Subsection (3)(b) are reasonably available, and in making reasonable efforts to provide the services described in Subsection (3)(b), the child's health, safety, and welfare shall be the child welfare worker's paramount concern.
(4)
(a) The juvenile court may issue a warrant authorizing a peace officer or a child welfare worker 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 any other 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 (4)(a)(i); and
(iii) it is likely that the child will suffer substantial harm if the parent or guardian of the child 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 may enter a house or premises by force, if necessary, in order to remove the child.
(c) The individual executing the warrant shall take the child to a shelter facility designated by the juvenile court or the division or to an emergency placement if the division makes an emergency placement under Section 62A-4a-209.
(5) If a peace officer or a child welfare worker takes a child into protective custody under Subsection (1), the peace officer or the child welfare worker shall:
(a) notify the child's parent or guardian as described in Section 62A-4a-202.2;
(b) release the child to the care of the child's parent, guardian, or another responsible adult, unless:
(i) the child's immediate welfare requires the child remain in protective custody; or
(ii) the protection of the community requires the child's detention in accordance with Title 80, Chapter 6, Part 2, Custody and Detention.
(6) If a peace officer or a child welfare worker takes a child to a shelter facility, the peace officer or the child welfare worker shall promptly file a written report, on a form provided by the division, with the shelter facility.
(7)
(a) A child removed or taken into protective custody under this section may not be placed or kept in detention, as defined in Section 80-1-102, pending court proceedings, unless the child may be held in detention under Title 80, Chapter 6, Part 2, Custody and Detention.
(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 placement in accordance with Section 62A-4a-209.
(c) When making a placement under Subsection (7)(b), the division shall give priority to a placement with a noncustodial parent, relative, or friend in accordance with Section 62A-4a-209.
(d) If the child is not placed with a noncustodial parent, a relative, or a designated friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor explaining why a different placement was in the child's best interest.
(8) A 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 custody if the court determines that:
(a) the child is in the legal custody of the division; and
(b) the child is missing, has been abducted, or has run away.
(9) When a juvenile court issues a warrant under Subsection (8):
(a) the division shall notify the child's parent or guardian who has a right to parent-time with the child;
(b) the court shall order:
(i) 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
(ii) the division to notify the law enforcement agency described in Subsection (9)(b)(i) of the order described in Subsection (9)(b)(i); and
(c) the court shall specify the location to which the peace officer or the child welfare worker shall transport the child.
(10)
(a) The parent or guardian to be notified under Subsection (9) must be:
(i) the child's primary caregiver; or
(ii) the parent or guardian who has custody of the child when the order is sought.
(b) The person required to provide notice under Subsection (9) shall make a good faith effort to provide notice to a parent or guardian who:
(i) is not required to be notified under Subsection (10)(a); and