80-2a - Removal and Protective Custody of a Child
Title 80 > 80-2a
Sections (8)
General Provisions
80-2a-101 - Definitions.
(1) “Custody” means the same as that term is defined in Section 80-2-102.
(2) “Division” means the Division of Child and Family Services created in Section 80-2-201.
(3) “Friend” means an adult who:has an established relationship with the child or a family member of the child; andis not the parent of the child.
(4) “Nonrelative” means an individual who is not a noncustodial parent or relative.
(5) “Relative” means an adult who:is the child’s grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;is the first cousin of the child’s parent;is a permanent guardian or parent of the child’s sibling; orin the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(6) “Sibling” means the same as that term is defined in Section 80-2-102.
(7) “Temporary custody” means the same as that term is defined in Section 80-2-102.
Amended by Chapter 426, 2025 General Session
Warrants and Removal
80-2a-201 - Rights of parents — Children’s rights — Interest and responsibility of state.
(1) Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s children. A fundamentally fair process must be provided to parents if the state moves to challenge or interfere with parental rights. A governmental entity must support any actions or allegations made in opposition to the rights and desires of a parent regarding the parent’s child by sufficient evidence to satisfy a parent’s constitutional entitlement to heightened protection against government interference with the parent’s fundamental rights and liberty interests and, concomitantly, the right of the child to be reared by the child’s parent.The fundamental liberty interest of a parent concerning the care, custody, and management of the parent’s child is recognized, protected, and does not cease to exist simply because a parent may fail to be a model parent or because the parent’s child is placed in the temporary custody of the state. At all times, a parent retains a vital interest in preventing the irretrievable destruction of family life. Before an adjudication of unfitness, government action in relation to a parent and the parent’s child may not exceed the least restrictive means or alternatives available to accomplish a compelling state interest. Until the state proves parental unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result, the child and the child’s parent share a vital interest in preventing erroneous termination of their natural relationship and the state cannot presume that a child and the child’s parent are adversaries.It is in the best interest and welfare of a child to be raised under the care and supervision of the child’s parents. A child’s need for a normal family life in a permanent home, and for positive, nurturing family relationships is usually best met by the child’s parents. Additionally, the integrity of the family unit and the right of a parent to conceive and raise the parent’s child are constitutionally protected. The right of a fit, competent parent to raise the parent’s child without undue government interference is a fundamental liberty interest that has long been protected by the laws and Constitution and is a fundamental public policy of this state.The state recognizes that:a parent has the right, obligation, responsibility, and authority to raise, manage, train, educate, provide and care for, and reasonably discipline the parent’s child; andthe state’s role is secondary and supportive to the primary role of a parent.It is the public policy of this state that:a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent’s child;a parent retains the right to have contact with the parent’s child when the child is placed outside of the parent’s home, and parent-time should be ordered by a court so long as the contact is not contrary to the best interest of the child; anda child has the right to have contact with the child’s sibling when the child is placed outside of the home and apart from the child’s sibling, and sibling visits should be ordered by a court unless the contact would be contrary to the safety or well-being of the child.Subsections (2) through (7) shall be interpreted and applied consistent with this Subsection (1).
(2) It is also the public policy of this state that children have the right to protection from abuse and neglect, and that the state retains a compelling interest in investigating, prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has an interest in and responsibility to protect a child whose parent abuses the child or does not adequately provide for the child’s welfare. There may be circumstances where a parent’s conduct or condition is a substantial departure from the norm and the parent is unable or unwilling to render safe and proper parental care and protection. Under those circumstances, the state may take action for the welfare and protection of the parent’s child.
(3) When the division intervenes on behalf of an abused, neglected, or dependent child, the division shall take into account the child’s need for protection from immediate harm and the extent to which the child’s extended family may provide needed protection. Throughout the division’s involvement, the division shall utilize the least intrusive and least restrictive means available to protect a child, in an effort to ensure that children are brought up in stable, permanent families, rather than in temporary foster placements under the supervision of the state.
(4) If circumstances within the family pose a threat to the child’s immediate safety or welfare, the division may seek custody of the child for a planned, temporary period and place the child in a safe environment, subject to the requirements of this section and in accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when safe and appropriate, return the child to the child’s parent or as a last resort, pursue another permanency plan.
(5) In determining and making reasonable efforts with regard to a child, under Section 80-2a-302, both the division’s and the juvenile court’s paramount concern shall be the child’s health, safety, and welfare. The desires of a parent for the parent’s child, and the constitutionally protected rights of a parent, as described in this section, shall be given full and serious consideration by the division and the juvenile court.
(6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts or to, in any other way, attempt to maintain a child in the child’s home, provide reunification services, or rehabilitate the offending parent or parents. This Subsection (6) does not exempt the division from providing court-ordered services.
(7) In accordance with Subsection (1), the division shall strive to achieve appropriate permanency for children who are abused, neglected, or dependent. The division shall provide in-home services, if appropriate and safe, in an effort to help a parent to correct the behavior that resulted in abuse, neglect, or dependency of the parent’s child. The division may pursue a foster placement only if in-home services fail or are otherwise insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services and kinship placement fail and cannot be corrected. The division shall also seek qualified extended family support or a kinship placement to maintain a sense of security and stability for the child.If the use or continuation of reasonable efforts, as described in Subsections (5) and (6), is determined to be inconsistent with the permanency plan for a child, then measures shall be taken, in a timely manner, to place the child in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.Subject to the parental rights recognized and protected under this section, if, because of a parent’s conduct or condition, the parent is determined to be unfit or incompetent based on the grounds for termination of parental rights described in Chapter 4, Termination and Restoration of Parental Rights, the continuing welfare and best interest of the child is of paramount importance, and shall be protected in determining whether that parent’s rights should be terminated.
(8) The state’s right to direct or intervene in the provision of medical or mental health care for a child is subject to Subsections 80-1-102(58)(b)(i) through (iii) and Sections 80-3-109 and 80-3-304.
Amended by Chapter 426, 2025 General Session
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) 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: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);the peace officer or child welfare caseworker obtains a search warrant under Subsection (3);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; orthe peace officer or child welfare caseworker obtains the consent of the child’s parent or guardian.A peace officer or a child welfare caseworker may not take action under Subsection (2)(a) solely on the basis of:educational neglect, truancy, or failure to comply with a court order to attend school;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; orsubject to Subsection (2)(c), a parent’s agreement or disagreement with a minor child of the couple’s:assertion that the child’s gender identity is different from the child’s biological sex;practice of having or expressing a different gender identity than the child’s biological sex; orsexual orientation.Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker from taking action under Subsection (2)(a) if the parent’s agreement or disagreement with a minor child as described in Subsection (2)(b)(iii) results in or is related to harm, as that term is defined in Section 80-1-102, to the minor child.
(3) 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:there is a threat of substantial harm to the child’s health or safety;it is necessary to take the child into protective custody to avoid the harm described in Subsection (3)(a)(i); andit 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.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 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.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.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.If the child welfare caseworker determines the services described in Subsection (4)(b)(i) are reasonably available, the services shall be utilized.
(5) 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:notify the child’s parent or guardian in accordance with Section 80-2a-203; andrelease the child to the care of the child’s parent or guardian or another responsible adult, unless:the child’s immediate welfare requires the child remain in protective custody; orthe protection of the community requires the child’s detention in accordance with Chapter 6, Part 2, Custody and Detention.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 shelter facility; orif the division makes an emergency placement under Section 80-2a-301, the emergency placement.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.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) 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.If the juvenile court issues a warrant under Subsection (6)(a):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-Ch80_2a|80-2a-203](a);the court shall order: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; andthe division to notify the law enforcement agency described in Subsection (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); andthe court shall specify the location to which the peace officer or the child welfare caseworker shall transport the child.
Amended by Chapter 48, 2025 General Session
80-2a-203 - Notice upon issuance of a warrant or removal of a child — Locating noncustodial parent — Information provided to parent, guardian, or responsible relative.
(1) A peace officer or child welfare caseworker who takes a child into protective custody under Subsection 80-2a-202(1), shall immediately use reasonable efforts to locate and inform, through the most efficient means available, the child’s parents, including a noncustodial parent, the child’s guardian, or a responsible relative:that the child is in protective custody;the reason for removal and placement of the child in protective custody;that the parent, guardian, or relative will be provided with information on: the parent’s or guardian’s procedural rights; andthe preliminary stages of the investigation and shelter hearing;of a telephone number where the parent or guardian may access further information;that the child and the child’s parent or guardian are entitled to have an attorney present at the shelter hearing;that if the child’s parent or guardian is an indigent individual and desires to have an attorney, one will be provided; andthat resources are available to assist the child’s parent or guardian, including: a parent advocate;a qualified attorney; orpotential expert witnesses to testify on behalf of the child or the child’s parent, guardian, or family.For purposes of locating and informing the noncustodial parent under Subsection (1)(a), the division shall search for the noncustodial parent through the Federal Parent Locator Service 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 80-2a-202(2), the division shall provide the child’s parent or guardian an informational packet with: all of the information described in Subsection (1);information on the conditions under which a child may be released from protective custody;information on resources that are available to the parent or guardian, including:mental health resources;substance abuse resources; andparenting classes; andany other information considered relevant by the division.
(3) The division shall ensure the informational packet described in Subsection (2) is: evaluated periodically for the effectiveness of the informational packet at conveying necessary information and revised accordingly;written in simple, easy-to-understand language;available in English and other languages as the division determines to be appropriate and necessary; andmade available for distribution in:schools;health care facilities;local police and sheriff’s offices;the offices of the division; andany other appropriate office within the department.
(4) If reasonable efforts are made by the peace officer or child welfare caseworker to notify the child’s parent or guardian or a responsible relative under Subsection (1), failure to notify: shall be considered to be due to circumstances beyond the control of the peace officer or child welfare caseworker; andmay not be construed to:permit a new defense to any juvenile or judicial proceeding; orinterfere with any rights, procedures, or investigations provided for by this chapter, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.
(5) If the juvenile court issues a warrant under Subsection 80-2a-202(6), the division shall provide notice of the warrant to the child’s parent or guardian who:has a right to parent-time with the child; andis the child’s primary caregiver; orhas custody of the child when the warrant is sought.The division shall make a good faith effort to provide notice to the child’s parent or guardian who:is not required to be notified under Subsection (5)(a); andhas a right to parent-time with the child.
Renumbered and Amended by Chapter 334, 2022 General Session
Division Placement of a Child after Removal
80-2a-301 - Division’s emergency placement of a child — Background checks.
(1) The division may place a child in an emergency placement if: the child welfare caseworker makes the determination that:the child’s home is unsafe;removal is necessary under Section 80-2a-202; andthe child’s custodial parent or guardian will agree to not remove the child from the home of the individual that serves as the placement and not have any contact with the child until after the time at which the shelter hearing is held under Section 80-3-301;an individual, with preference being given in accordance with Subsection (4), can be identified who has the ability and is willing to provide care for the child who would otherwise be placed in shelter care, including:taking the child to medical, mental health, dental, and educational appointments at the request of the division; andmaking the child available to division services and the guardian ad litem; andthe individual described in Subsection (1)(b) agrees to care for the child on an emergency basis under the following conditions:the individual meets the criteria for an emergency placement under Subsection (2);the individual agrees to not allow the custodial parent or guardian to have any contact with the child until after the time at which the shelter hearing is held unless authorized by the division in writing;the individual agrees to contact law enforcement and the division if the custodial parent or guardian attempts to make unauthorized contact with the child;the individual agrees to allow the division and the child’s guardian ad litem to have access to the child;the individual is informed and understands that the division may continue to search for other possible placements for long-term care of the child, if needed;the individual is willing to assist the custodial parent or guardian in reunification efforts at the request of the division, and to follow all court orders; andthe child is comfortable with the individual.
(2) Except as provided in Subsection (4), before the day on which the division places a child in an emergency placement, the division: may request the name of a reference and may contact the reference to determine whether:the individual identified as a reference would place a child in the home of the emergency placement; andthere are any other relatives or friends to consider as a possible emergency or long-term placement for the child;in accordance with Subsection (4)(a), shall have the custodial parent or guardian sign an emergency placement agreement form during the investigation described in Subsection (2)(a);if the emergency placement will be with a relative, shall comply with the background check provisions described in Subsection (6); orif the emergency placement will be with an individual other than a noncustodial parent or relative, shall comply with the background check provisions described in Subsection (7) for adults living in the household where the child will be placed;shall complete a limited home inspection of the home where the emergency placement is made; andshall require the child welfare caseworker to have the emergency placement approved by a supervisor designated by the division.
(3) The division shall apply the following order of preference when determining the person with whom a child will be placed in an emergency placement, provided that the individual is able and willing to care for the child:a noncustodial parent of the child in accordance with Section 80-3-302;a relative;subject to Subsection (3)(b), a friend designated by the custodial parent, guardian, or the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to a placement;a former foster placement designated by the division;a foster placement, that is not a former foster placement, designated by the division; anda shelter facility designated by the division.In determining whether a friend is a willing and appropriate temporary emergency placement for a child, the division:subject to Subsections (3)(b)(ii) through (iv), shall consider the child’s preferences or level of comfort with the friend;is required to consider no more than one friend designated by each parent or legal guardian of the child and one friend designated by the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to a placement;may limit the number of designated friends to two, one of whom shall be a friend designated by the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to a placement; andshall give preference to a friend designated by the child, if: the child is of sufficient maturity to articulate the child’s wishes; andthe division’s basis for removing the child under Section 80-2a-202 is sexual abuse of the child.
(4) The division may, pending the outcome of the investigation described in Subsections (4)(b) and (c), place a child in emergency placement with the child’s noncustodial parent if, based on a limited investigation before the day on which the division makes the emergency placement, the division:determines that the noncustodial parent has regular, unsupervised visitation with the child that is not prohibited by law or court order;determines that there is not reason to believe that the child’s health or safety will be endangered during the emergency placement; andhas the custodial parent or guardian sign an emergency placement agreement.Either before or after the day on which the division makes an emergency placement with the noncustodial parent of the child, the division may conduct the investigation described in Subsection (2)(a) in relation to the noncustodial parent.Before, or within one day, excluding weekends and holidays, after the day on which the division places a child in an emergency placement with the noncustodial parent of the child, the division shall conduct a limited:background check of the noncustodial parent, under Subsection (6); andinspection of the home where the emergency placement is made.
(5) After an emergency placement, the child welfare caseworker must: respond to the emergency placement’s calls within one hour after the call is received if the custodial parent or guardian attempts to make unauthorized contact with the child or attempts to remove the child from the emergency placement;complete all removal paperwork, including the notice provided to the child’s custodial parent or guardian under Section 80-3-301;if the child is not placed with a noncustodial parent, relative, or friend, file a report with the child welfare caseworker’s supervisor that explains why a different placement is in the child’s best interest;contact the attorney general to schedule a shelter hearing;complete the placement procedures required in Section 80-3-302; andcontinue to search for other relatives as a possible long-term placement for the child, if needed.
(6) The background check described in Subsections (2)(c)(i) and (4)(c)(i) shall include completion of:a name-based, Utah Bureau of Criminal Identification background check; anda search of the Management Information System.The division shall determine whether an individual passes the background check described in Subsection (6)(a) in accordance with Section 26B-2-120.Notwithstanding Subsection (6)(b), the division may not place a child with an individual who is prohibited by court order from having access to the child.
(7) The background check described in Subsection (2)(c)(ii) shall include completion of:a name-based, Utah Bureau of Criminal Identification background check;a federal name-based criminal background check; anda search of the Management Information System.The division shall determine whether an individual passes the background check described in Subsection (7)(a) in accordance with Section 26B-2-120.If the division denies placement of a child as a result of a name-based criminal background check described in Subsection (7)(a), and the individual contests the denial, the individual shall submit a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check.Within 15 calendar days after the day on which the name-based background checks are completed, the division shall require the individual to provide a complete set of fingerprints with written permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a fingerprint-based criminal background check.If the individual fails to provide the fingerprints and written permission described in Subsection (7)(d)(i), the child shall immediately be removed from the child’s home.
Amended by Chapter 330, 2023 General Session
80-2a-302 - Reasonable efforts to maintain a child in the home — Exception — Reasonable efforts for reunification.
(1) Because removal of a child from the child’s home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the division shall: if possible and appropriate, without danger to the child’s welfare, make reasonable efforts to prevent or eliminate the need for removal of a child from the child’s home before the day on which the child is placed in substitute care;determine whether there is substantial cause to believe that a child has been or is in danger of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse, Neglect, and Dependency Proceedings, before removing the child from the child’s home; andif possible and appropriate, and in accordance with the limitations and requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible for a child in substitute care to return to the child’s home.
(2) In determining the reasonableness of efforts needed to maintain a child in the child’s home or to return a child to the child’s home, in accordance with Subsection (1)(a) or (c), the child’s health, safety, and welfare shall be the paramount concern.The division shall consider whether the efforts described in Subsections (1) and (2) are likely to prevent abuse or continued neglect of the child.
(3) If removal and placement in substitute care is necessary to protect a child, the efforts described in Subsections (1) and (2): are not reasonable or appropriate; andshould not be utilized.
(4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts to, in any way, attempt to: maintain a child in the child’s home;provide reunification services; orrehabilitate the offending parent or parents.
(5) Subsection (4) does not exempt the division from providing court ordered services.
Renumbered and Amended by Chapter 334, 2022 General Session
80-2a-303 - Child missing from division custody — Placement after locating child.
(1) If the division receives information that a child in the protective custody, temporary custody, or custody of the division is missing, has been abducted, or has run away, the division shall: within 24 hours after the time when the division has reason to believe that the information that the child is missing, has been abducted, or has run away is accurate, notify the National Center for Missing and Exploited Children; andpursue a warrant under Subsection 80-2a-202(6).
(2) If the division locates a child described in Subsection (1), the division shall: determine the primary factors that caused or contributed to the child’s absence from care;determine the child’s experiences while absent from care, including screening the child to determine if the child is a sex trafficking victim;to the extent possible, select a placement for the child that accommodates the child’s needs and takes into consideration the factors and experiences described in Subsections (2)(a) and (b); andfollow the requirements in Section 80-3-303 for determining an ongoing placement of the child.
Renumbered and Amended by Chapter 334, 2022 General Session
80-2a-304 - Removal of a child from foster family placement — Procedural due process.
(1) The Legislature finds that, except with regard to a child’s parent or guardian, a foster family has a very limited but recognized interest in the foster family’s familial relationship with a foster child who has been in the care and custody of the foster family and in making determinations regarding removal of a child from a foster home, the division may not dismiss the foster family as a mere collection of unrelated individuals.The Legislature finds that children in the temporary custody and custody of the division are experiencing multiple changes in foster care placements with little or no documentation, and that numerous studies of child growth and development emphasize the importance of stability in foster care living arrangements.For the reasons described in Subsections (1)(a) and (b), the division shall provide procedural due process for a foster family before removal of a foster child from the foster family’s home, regardless of the length of time the child has been in the foster family’s home, unless removal is for the purpose of:returning the child to the child’s parent or guardian;immediately placing the child in an approved adoptive home;placing the child with a relative who obtained custody or asserted an interest in the child within the preference period described in Subsection 80-3-302(7); orplacing an Indian child in accordance with placement preferences and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(2) The division shall maintain and utilize due process procedures for removal of a foster child from a foster home, in accordance with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.The procedures described in Subsection (2)(a) shall include requirements for:personal communication with, and a written explanation of the reasons for the removal to, the foster parents before removal of the child; andan opportunity for foster parents to:present the foster parents’ information and concerns to the division; andrequest a review, to be held before removal of the child, by a third party neutral fact finder or if the child is placed with the foster parents for a period of at least two years, request a review, to be held before removal of the child, by the juvenile court judge currently assigned to the child’s case or, if the juvenile court judge currently assigned to the child’s case is not available, another juvenile court judge.If the division determines that there is a reasonable basis to believe that the child is in danger or that there is a substantial threat of danger to the health or welfare of the child, the division shall place the child in emergency foster care during the pendency of the procedures described in this Subsection (2), instead of making another foster care placement.
(3) If the division removes a child from a foster home based on the child’s statement alone, the division shall initiate and expedite the processes described in Subsection (2).The division may not take formal action with regard to the foster parent’s license until after the processes described in Subsection (2), in addition to any other procedure or hearing required by law, are completed.
(4) If a complaint is made to the division by a foster child against a foster parent, the division shall, within 30 business days after the day on which the complaint is received, provide the foster parent with information regarding the specific nature of the complaint, the time and place of the alleged incident, and who was alleged to have been involved.
(5) If the division places a child in a foster home, the division shall provide the foster parents with:notification of the requirements of this section;a written description of the procedures enacted by the division under Subsection (2) and how to access the procedures; andwritten notification of the foster parents’ ability to petition the juvenile court directly for review of a decision to remove a foster child who, subject to Section 80-3-502, has been in the foster parents’ custody for 12 months or longer.
(6) This section does not apply to the removal of a child based on a foster parent’s request for the removal.
(7) It is unlawful for a person, with the intent to avoid compliance with the requirements of this section, to:take action, or encourage another to take action, against the license of a foster parent; orremove a child from a foster home before the child is placed with the foster parents for two years.
(8) The division may not remove a foster child from a foster parent who is a relative of the child on the basis of the age or health of the foster parent without determining:by clear and convincing evidence that the foster parent is incapable of caring for the foster child, if the alternative foster parent would not be another relative of the child; orby a preponderance of the evidence that the foster parent is incapable of caring for the foster child, if the alternative foster parent would be another relative of the child.
Amended by Chapter 426, 2025 General Session