Section 703 – Conflict child protective services investigations — Authority of investigators.

• (1)
  • (a) The department, through the Office of Quality and Design created in Section 62A-18-103, 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 of the department 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) If 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) An investigator 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) An investigator described in Subsection (1), if not a law enforcement officer, shall have the same rights, duties, and authority of a child welfare caseworker to:
  • (a) make a thorough investigation under Section 80-2-701 upon receiving a report of alleged abuse or neglect of a child, with the primary purpose of the 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 the investigator’s investigation, including determination regarding whether the alleged abuse or neglect is supported, unsupported, or without merit, and forward a copy of the 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 if a report is based on or includes an allegation of educational neglect.

Renumbered and Amended by Chapter 334, 2022 General Session