Child Protection Ombudsman Amendments

32
80-2-1104
80-2a-203
1
Child Protection Ombudsman Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill makes changes related to the child protection ombudsman.
Highlighted Provisions:
This bill:
allows the child protection ombudsman to receive a complaint with respect to a parent;
requires the child protection ombudsman to:
provide information about a parent's and child's rights on the child protection
ombudsman's website; and
annually report to the Child Welfare Legislative Oversight Panel and the Health and
Human Services Interim Committee;
requires a peace officer or child welfare caseworker who takes a child into protective
custody to provide the child's parent or guardian with information about the child
protection ombudsman; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-2-1104
, as last amended by Laws of Utah 2024, Chapter 250
80-2a-203
, as renumbered and amended by Laws of Utah 2022, Chapter 334
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
80-2-1104
is amended to read:
80-2-1104
. Child protection ombudsman -- Responsibility -- Authority -- Report.
(1)
As used in this section:
(a)
"Complainant" means a person who initiates a complaint with the ombudsman.
(b)
"Complaint" means a complaint regarding an act or omission by the division with
respect to a particular child
or parent
.
(c)
"Ombudsman" means the child protection ombudsman appointed under this section.
(2)
(a)
There is created within the department the position of child protection
ombudsman.
(b)
The executive director of the department shall:
(i)
appoint an ombudsman who has:
(A)
recognized executive and administrative capacity; and
(B)
experience in child welfare, and in state laws and policies governing abused,
neglected, and dependent children; and
(ii)
select the ombudsman solely with regard to qualifications and fitness to discharge
the duties of the ombudsman.
(c)
The ombudsman shall:
(i)
serve at the pleasure of the executive director of the department; and
(ii)
devote full-time to the duties described in this section.
(3)
The ombudsman shall:
(a)
unless the ombudsman decides not to investigate the complaint, upon receipt of a
complaint, investigate whether an act or omission of the division with respect to a
particular child
or parent
:
(i)
is contrary to statute, rule, or policy;
(ii)
places a child's health or safety at risk;
(iii)
is made without an adequate statement of reason; or
(iv)
is based on irrelevant, immaterial, or erroneous grounds;
(b)
notify the complainant and the division of:
(i)
the ombudsman's decision to investigate or not investigate the complaint; and
(ii)
if the ombudsman decides not to investigate the complaint, the reason for the
decision;
(c)
if the ombudsman finds that a person's act or omission violates state or federal
criminal law, immediately report the finding to the appropriate county or district
attorney or to the attorney general;
(d)
immediately notify the division if the ombudsman finds that a child needs protective
custody;
(e)
prepare a written report of the findings and recommendations, if any, of each
investigation;
(f)
make recommendations to the division if the ombudsman finds that:
(i)
a matter should be further considered by the division;
(ii)
an administrative act should be addressed, modified, or canceled;
(iii)
action should be taken by the division with regard to one of the division's
employees; or
(iv)
any other action should be taken by the division;
(g)
subject to
this
Subsection
(3)
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules that govern the following:
(i)
receiving and processing a complaint;
(ii)
notifying a complainant and the division regarding a decision to investigate or to
decline to investigate a complaint;
(iii)
prioritizing workload;
(iv)
maximum time within which an investigation is required to be completed;
(v)
conducting an investigation;
(vi)
notifying a complainant and the division regarding the results of an investigation;
and
(vii)
making recommendations based on the findings and results of investigations;
(h)
within appropriations from the Legislature, employ staff as may be necessary to
carry out the ombudsman's duties under this section;
(i)
provide information regarding the role, duties, and functions of the ombudsman to
public agencies, private entities, and individuals;
and
(j)
provide on the ombudsman's website, in a form that is easily accessible, information
about the fundamental rights of a parent and child and the responsibility of the state
in a child welfare matter as described in Section
80-2a-201
; and
(j)
(k)
as appropriate, make recommendations to the division regarding individual child
welfare cases, and the rules, policies, and operations of the division.
(4)
(a)
The ombudsman may:
(i)
decline to investigate a complaint or continue an investigation of a complaint;
(ii)
conduct an investigation on the ombudsman's own initiative;
(iii)
conduct further investigation upon the request of the complainant or upon the
ombudsman's own initiative; and
(iv)
advise a complainant to pursue administrative remedies or channels of a
complaint before pursuing a complaint with the ombudsman.
(b)
Subsection
(4)(a)(iv)
does not prevent a complainant from making a complaint
directly to the ombudsman before pursuing an administrative remedy.
(5)
(a)
A record of the ombudsman regarding an individual child welfare case shall be
classified in accordance with federal law and Title 63G, Chapter 2, Government
Records Access and Management Act.
(b)
The ombudsman shall have access to all of the department's written and electronic
records and databases, including those regarding individual child welfare cases.
(c)
In accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, all documents and information received by the ombudsman shall
maintain the same classification that was designated by the department.
(6)
(a)
On or before October 1 of each year, the ombudsman shall provide a written
report to the Child Welfare Legislative Oversight Panel and the Health and Human
Services Interim Committee.
(b)
The written report described in Subsection
(6)(a)
shall include:
(i)
the total number of complaints filed with the ombudsman;
(ii)
the number of complaints the ombudsman investigated;
(iii)
reoccurring themes among complaints, if any; and
(iv)
any recommendations regarding policies or procedures of the division or the
position of the ombudsman.
Section 2. Section
80-2a-203
is amended to read:
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)
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:
(i)
that the child is in protective custody;
(ii)
the reason 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 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 or the child's parent,
guardian, or family
.
; and
(viii)
that the child's parent or guardian may contact the child protection ombudsman
created in Section
80-2-1104
for help accessing resources or navigating the child
welfare system.
(b)
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:
(a)
all of the information described in Subsection
(1)
;
(b)
information on the conditions under which a child may be released from protective
custody;
(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)
the child protection ombudsman's website address; and
(d)
(e)
any other information considered relevant by the division.
(3)
The division shall ensure the informational packet described in Subsection
(2)
is:
(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 offices of the division; and
(v)
any 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:
(a)
shall be considered to be due to circumstances beyond the control of the peace officer
or child welfare 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,
Chapter 3, Abuse, Neglect, and Dependency Proceedings
, or
Chapter 4,
Termination and Restoration of Parental Rights
.
(5)
(a)
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:
(i)
has a right to parent-time with the child; and
(ii)
(A)
is the child's primary caregiver; or
(B)
has custody of the child when the warrant is sought.
(b)
The division shall make a good faith effort to provide notice to the child's parent or
guardian who:
(i)
is not required to be notified under Subsection
(5)(a)
; and
(ii)
has a right to parent-time with the child.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-9-26 10:37 AM