Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - Utah

Date: February 2021

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Ann. Code § 62A-4a-403(1)

When any individual who has reason to believe that a child has been subjected to abuse or neglect shall immediately report the alleged abuse or neglect to the nearest peace officer, law enforcement agency, or office of the Division of Child and Family Services (DCFS). Upon receipt of the report, the peace officer or law enforcement agency shall immediately notify the nearest office of DCFS. If an initial report of abuse or neglect is made to DCFS, DCFS shall immediately notify the appropriate local law enforcement agency.

In addition to its own investigation, DCFS shall coordinate with law enforcement on investigations by law enforcement undertaken to investigate the report. If law enforcement undertakes an investigation of a report, the law enforcement agency shall provide a final investigatory report to DCFS upon request.

Other Reporting Requirements

Citation: Ann. Code § 62A-4a-105; Admin. Code R512-201-4; DCFS Prac. Guidelines § 208.1

If there is a privacy agreement with an Indian Tribe to protect the confidentiality of DCFS records to the same extent that DCFS is required to protect DCFS records, DCFS shall cooperate with and share all appropriate information in the possession of DCFS regarding an Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child with the Indian Tribe that is affiliated with the Indian child.

In regulation: A child protective investigation may include determination of eligibility for enrollment or membership in a Native American Tribe.

In policy: A child protective services (CPS) investigation will be completed in compliance with Indian Child Welfare Act (ICWA) procedures in order to show deference to the cultural needs of Native American families in Utah. CPS investigations will be completed in compliance with ICWA standards. The CPS caseworker will determine whether the child and family are Native American, complete an investigation that respects the cultural standard of the Tribe, and notify the Tribe immediately of any legal action taken during the investigation.

With regard to an Native American child who resides on a reservation but is temporarily located off the reservation from his or her parent or Native American custodian, nothing will prevent the emergency removal of a Native American child or the emergency placement of such child in a foster home or institution under applicable State law in order to prevent imminent physical injury or harm to the child. The State authority, official, or agency involved will ensure that the emergency removal or placement terminates immediately when removal or placement is no longer necessary to prevent imminent physical injury or harm to the child.

During the initial contact with all families under investigation, the CPS caseworker will ask if there is any Native American lineage that might make the child eligible for membership in any Native American Tribe.