Notice upon removal of a child -- Locating noncustodial parent -- Information provided to parent, guardian, or responsible adult.
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(1)
(a) A peace officer or a child welfare worker who takes a child into protective custody under Subsection 62A-4a-202.1(1), shall immediately use reasonable efforts to locate and inform, through the most efficient means available, the parents, including a noncustodial parent, the guardian, or responsible relative:
(i) that the child has been taken into protective custody;
(ii) the reasons for removal and placement of the child in protective custody;
(iii) that the parent, guardian, or relative will be provided with information on:
(A) the parent's or guardian's procedural rights; and
(B) the preliminary stages of the investigation and shelter hearing;
(iv) of a telephone number where the parent or guardian may access further information;
(v) that the child and the child's parent or guardian are entitled to have an attorney present at the shelter hearing;
(vi) that if the child's parent or guardian is an indigent individual, as defined in Section 78B-22-102, and desires to have an attorney, one will be provided; and
(vii) that resources are available to assist the child's parent or guardian, including:
(A) a parent advocate;
(B) a qualified attorney; or
(C) potential expert witnesses to testify on behalf of the child, the child's parent or guardian, or the child's family.
(b) For purposes of locating and informing the noncustodial parent as required in Subsection (1)(a), the division shall search for the noncustodial parent through the national parent locator database if the division is unable to locate the noncustodial parent through other reasonable efforts.
(2) At the time that a child is taken into protective custody under Subsection 62A-4a-202.1(1), the child's parent or a guardian shall be provided an informational packet with:
(a) all of the information described in Subsection (1);
(b) information on the conditions under which a child may be released;
(c) information on resources that are available to the parent or guardian, including:
(i) mental health resources;
(ii) substance abuse resources; and
(iii) parenting classes; and
(d) any other information considered relevant by the division.
(3) The informational packet described in Subsection (2) shall be:
(a) evaluated periodically for the effectiveness of the informational packet at conveying necessary information and revised accordingly;
(b) written in simple, easy-to-understand language;
(c) available in English and other languages as the division determines to be appropriate and necessary; and
(d) made available for distribution in:
(i) schools;
(ii) health care facilities;
(iii) local police and sheriff's offices;
(iv) the division; and
(v) any other appropriate office within the Department of Human Services.
(4) If reasonable efforts are made by the peace officer or caseworker to notify the parent or guardian or a responsible relative in accordance with the requirements of Subsection (1), failure to notify:
(a) shall be considered to be due to circumstances beyond the control of the peace officer or caseworker; and
(b) may not be construed to:
(i) permit a new defense to any juvenile or judicial proceeding; or
(ii) interfere with any rights, procedures, or investigations provided for by this chapter or Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.