Conflict child protective services investigations -- Authority of investigators.
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(1)
(a) The department, through the Office of Quality and Design, shall conduct an independent child protective service investigation to investigate reports of abuse or neglect if:
(i) the report occurs while the child is in the custody of the division; or
(ii) the executive director determines that, if the division conducts the investigation, the division would have an actual or potential conflict of interest in the results of the investigation.
(b) When a report is made while a child is in the custody of the division that indicates the child is abused or neglected:
(i) the attorney general may, in accordance with Section 67-5-16, and with the consent of the department, employ a child protective services investigator to conduct a conflict investigation of the report; or
(ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent of the department, conduct a conflict investigation of the report.
(c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the consent of the department, conducting a criminal investigation of abuse or neglect under Title 53, Public Safety Code.
(2) The investigators described in Subsection (1) may also investigate allegations of abuse or neglect of a child by a department employee or a licensed substitute care provider.
(3) The investigators described in Subsection (1), if not law enforcement officers, shall have the same rights, duties, and authority of a child protective services investigator employed by the division to:
(a) make a thorough investigation upon receiving either an oral or written report of alleged abuse or neglect of a child, with the primary purpose of that investigation being the protection of the child;
(b) make an inquiry into the child's home environment, emotional, or mental health, the nature and extent of the child's injuries, and the child's physical safety;
(c) make a written report of their investigation, including determination regarding whether the alleged abuse or neglect was supported, unsupported, or without merit, and forward a copy of that report to the division within the time mandates for investigations established by the division; and
(d) immediately consult with school authorities to verify the child's status in accordance with Sections 53G-6-201 through 53G-6-206 when a report is based upon or includes an allegation of educational neglect.