Child and Animal Abuse Cross-reporting Amendments

11
11-46-105
58-28-602
76-13-105
80-2-301
80-2-701
0
Child and Animal Abuse Cross-reporting Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Steve Eliason
LONG TITLE
General Description:
This bill addresses cross-reporting between instances of child abuse and animal abuse.
Highlighted Provisions:
This bill:
requires the courts to report information about certain animal abuse convictions to the
Division of Child and Family Services (DCFS);
requires an animal control officer to notify DCFS in certain circumstances;
clarifies that a DCFS caseworker may report instances of potential animal abuse or
neglect; and
prohibits an employer preventing or retaliating against a veterinarian for reporting
suspected animal cruelty.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-28-602
, as enacted by Laws of Utah 2006, Chapter 109
80-2-301
, as last amended by Laws of Utah 2025, Chapters 173, 174
80-2-701
, as last amended by Laws of Utah 2022, Chapter 308 and renumbered and
amended by Laws of Utah 2022, Chapter 334 and last amended by Coordination Clause, Laws
of Utah 2022, Chapter 334
ENACTS:
11-46-105
, Utah Code Annotated 1953
76-13-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
11-46-105
is enacted to read:
11-46-105
. Animal control officer reporting requirements.
An animal control officer shall notify the Division of Child and Family Services if the
animal control officer:
(1)
receives a report of animal abuse or neglect with a child in the same home as the alleged
abused or neglected animal;
(2)
observes a child safety concern while investigating animal abuse or neglect; or
(3)
takes serious enforcement action in a home with a child.
Section 2. Section
58-28-602
is amended to read:
58-28-602
. Cruelty to animals -- Immunity for reporting.
(1)
A licensed veterinarian who in good faith and in the normal course of business,
reports a suspected case of animal cruelty to law enforcement or the proper authorities is
immune from liability in any civil or criminal action brought against the veterinarian for
reporting the suspected cruelty.
(2)
A licensed veterinarian's employer may not:
(a)
prohibit a licensed veterinarian from reporting suspected animal cruelty; or
(b)
penalize a licensed veterinarian that reports suspected animal cruelty.
Section 3. Section
76-13-105
is enacted to read:
76-13-105
. Cruelty to animals -- Reporting requirements.
(1)
At least once in each quarter of the year, the Administrative Office of the Courts shall
report all convictions of the animal cruelty offenses described in Subsection
(2)
to the
Division of Child and Family Services in the previous quarter.
(2)
The report described in Subsection
(1)
shall include the name, birth date, address, and
the offense of each individual convicted of a violation of:
(a)
Section
76-13-202
, cruelty to an animal;
(b)
Section
76-13-203
, aggravated cruelty to an animal;
(c)
Section
76-13-204
, torturing a companion animal;
(d)
Section
76-13-205
, dog fighting;
(e)
Section
76-13-206
, attending a dog fight or related activity;
(f)
Section
76-13-211
, injuring, harassing, or endangering a service animal; or
(g)
Section
76-13-215
, failure of an animal care facility to maintain required standards.
(3)
(a)
The Division of Child and Family Services shall:
(i)
determine if the report will be accepted or unaccepted for investigation of child
abuse or neglect; and
(ii)
document the report and determination described in Subsection
(3)(a)(i)
.
(b)
An individual may not be investigated for child abuse or neglect based solely on a
conviction described in Subsection
(2)
.
Section 4. Section
80-2-301
is amended to read:
80-2-301
. Division responsibilities.
(1)
The division is the child, youth, and family services authority of the state.
(2)
The division shall:
(a)
administer services to minors and families, including:
(i)
child welfare services;
(ii)
domestic violence services; and
(iii)
all other responsibilities that the Legislature or the executive director of the
department may assign to the division;
(b)
provide the following services:
(i)
financial and other assistance to an individual adopting a child with special needs
under Sections
80-2-806
through
80-2-809
, not to exceed the amount the division
would provide for the child as a legal ward of the state;
(ii)
non-custodial and in-home services in accordance with Section
80-2-306
,
including:
(A)
services designed to prevent family break-up; and
(B)
family preservation services;
(iii)
reunification services to families whose children are in substitute care in
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(iv)
protective supervision of a family, upon court order, in an effort to eliminate
abuse or neglect of a child in that family;
(v)
shelter care in accordance with this chapter, Chapter 2a, Removal and Protective
Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(vi)
domestic violence services, in accordance with the requirements of federal law;
(vii)
protective services to victims of domestic violence and the victims' children, in
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(viii)
substitute care for dependent, abused, and neglected children;
(ix)
services for minors who are victims of human trafficking or human smuggling,
as described in Sections
76-5-308
through
76-5-310.1
, or who have engaged in
prostitution or sexual solicitation, as defined in Sections
76-5d-202
and
76-5d-209
;
and
(x)
training for staff and providers involved in the administration and delivery of
services offered by the division in accordance with this chapter and Chapter 2a,
Removal and Protective Custody of a Child;
(c)
establish standards for all:
(i)
contract providers of out-of-home care for minors and families;
(ii)
facilities that provide substitute care for dependent, abused, or neglected children
placed in the custody of the division; and
(iii)
direct or contract providers of domestic violence services described in
Subsection
(2)(b)(vi)
;
(d)
have authority to:
(i)
contract with a private, nonprofit organization to recruit and train foster care
families and child welfare volunteers in accordance with Section
80-2-405
;
(ii)
approve facilities that meet the standards established under Subsection
(2)(c)
to
provide substitute care for dependent, abused, or neglected children placed in the
custody of the division; and
(iii)
approve an individual to provide short-term relief care to a foster parent if the
individual:
(A)
provides the relief care for less than six consecutive nights;
(B)
provides the relief care in the short-term relief care provider's home;
(C)
is direct access qualified, as that term is defined in Section
26B-2-120
; and
(D)
is an immediate family member or relative, as those terms are defined in
Section
80-3-102
, of the foster parent;
(e)
cooperate with the federal government in the administration of child welfare and
domestic violence programs and other human service activities assigned by the
department;
(f)
in accordance with Subsection
(5)(a)
, promote and enforce state and federal laws
enacted for the protection of abused, neglected, or dependent children, in accordance
with this chapter and Chapter 2a, Removal and Protective Custody of a Child, unless
administration is expressly vested in another division or department of the state;
(g)
cooperate with the Workforce Development Division within the Department of
Workforce Services in meeting the social and economic needs of an individual who is
eligible for public assistance;
(h)
compile relevant information, statistics, and reports on child and family service
matters in the state;
(i)
prepare and submit to the department, the governor, and the Legislature reports of the
operation and administration of the division in accordance with the requirements of
Sections
80-2-1102
and
80-2-1103
;
(j)
within appropriations from the Legislature, provide or contract for a variety of
domestic violence services and treatment methods;
(k)
enter into contracts for programs designed to reduce the occurrence or recurrence of
abuse and neglect in accordance with Section
80-2-503
;
(l)
seek reimbursement of funds the division expends on behalf of a child in the
protective custody, temporary custody, or custody of the division, from the child's
parent or guardian in accordance with an order for child support under Section
78A-6-356
;
(m)
ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who:
(i)
have a permanency goal of adoption; or
(ii)
have a final plan of termination of parental rights, under Section
80-3-409
, and
promote adoption of the children;
(n)
subject to Subsections
(5)
and
(7)
, refer an individual receiving services from the
division to the local substance abuse authority or other private or public resource for
a court-ordered drug screening test;
(o)
report before November 30, 2020, and every third year thereafter, to the Social
Services Appropriations Subcommittee regarding:
(i)
the daily reimbursement rate that is provided to licensed foster parents based on
level of care;
(ii)
the amount of money spent on daily reimbursements for licensed foster parents
during the previous fiscal year; and
(iii)
any recommended changes to the division's budget to support the daily
reimbursement rates described in Subsection
(2)(o)(i)
;
(p)
when a division child welfare caseworker identifies a safety concern with the foster
home, cooperate with the Office of Licensing and make a recommendation to the
Office of Licensing concerning whether the foster home's license should be placed on
conditions, suspended, or revoked; and
(q)
perform other duties and functions required by law.
(3)
(a)
The division may provide, directly or through contract, services that include the
following:
(i)
adoptions;
(ii)
day-care services;
(iii)
out-of-home placements for minors;
(iv)
health-related services;
(v)
homemaking services;
(vi)
home management services;
(vii)
protective services for minors;
(viii)
transportation services; or
(ix)
domestic violence services.
(b)
The division shall monitor services provided directly by the division or through
contract to ensure compliance with applicable law and rules made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i)
Except as provided in Subsection
(3)(c)(ii)
, if the division provides a service
through a private contract, the division shall post the name of the service provider
on the division's website.
(ii)
Subsection
(3)(c)(i)
does not apply to a foster parent placement.
(4)
(a)
The division may:
(i)
receive gifts, grants, devises, and donations;
(ii)
encourage merchants and service providers to:
(A)
donate goods or services; or
(B)
provide goods or services at a nominal price or below cost;
(iii)
distribute goods to applicants or consumers of division services free or for a
nominal charge and tax free; and
(iv)
appeal to the public for funds to meet needs of applicants or consumers of
division services that are not otherwise provided by law, including Sub-for-Santa
programs, recreational programs for minors, and requests for household
appliances and home repairs.
(b)
If requested by the donor and subject to state and federal law, the division shall use a
gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for
the purpose requested by the donor.
(5)
(a)
In carrying out the requirements of Subsection
(2)(f)
, the division shall:
(i)
cooperate with the juvenile courts, the Division of Juvenile Justice and Youth
Services, and with all public and private licensed child welfare agencies and
institutions to develop and administer a broad range of services and support;
(ii)
take the initiative in all matters involving the protection of abused or neglected
children, if adequate provisions have not been made or are not likely to be made;
and
(iii)
make expenditures necessary for the care and protection of the children described
in Subsection
(5)(a)(ii)
, within the division's budget.
(b)
If an individual is referred to a local substance abuse authority or other private or
public resource for court-ordered drug screening under Subsection
(2)(n)
, the court
shall order the individual to pay all costs of the tests unless:
(i)
the cost of the drug screening is specifically funded or provided for by other
federal or state programs;
(ii)
the individual is a participant in a drug court; or
(iii)
the court finds that the individual is an indigent individual.
(6)
Except to the extent provided by rules made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the division is not required to investigate
domestic violence in the presence of a child, as described in Section
76-5-114
.
(7)
(a)
Except as provided in Subsection
(7)(b)
, the division may not:
(i)
require a parent who has a child in the custody of the division to pay for some or
all of the cost of any drug testing the parent is required to undergo; or
(ii)
refer an individual who is receiving services from the division for drug testing by
means of a hair, fingernail, or saliva test that is administered to detect the presence
of drugs.
(b)
Notwithstanding Subsection
(7)(a)(ii)
, the division may refer an individual who is
receiving services from the division for drug testing by means of a saliva test if:
(i)
the individual consents to drug testing by means of a saliva test; or
(ii)
the court, based on a finding that a saliva test is necessary in the circumstances,
orders the individual to complete drug testing by means of a saliva test.
(8)
(a)
The division may notify a local county or municipal animal control authority if the
division:
(i)
supports a finding of child abuse or neglect; and
(ii)
is aware of an animal in the same home as the child.
(b)
The division may only release private and protected information and records in
accordance with Title 63G, Chapter 2, Government Records Access and Management
Act.
Section 5. Section
80-2-701
is amended to read:
80-2-701
. Division preremoval investigation -- Supported or unsupported
reports -- Convening of child protection team -- Coordination with law enforcement --
Consultation with child protection team before close of investigation.
(1)
(a)
The division shall conduct a thorough preremoval investigation upon receiving a
report under Section
80-2-602
or
80-2-603
if there is reasonable cause to suspect that
a situation of abuse, neglect, or the circumstances described in Subsection
80-2-603(2)
exist.
(b)
The primary purpose of the preremoval investigation described in Subsection
(1)(a)

shall be protection of the child.
(2)
The preremoval investigation described in Subsection
(1)(a)
shall meet the reasonable
professional standards described in Section
80-2-702
.
(3)
The division shall make a written report of the division's preremoval investigation under
Subsection
(1)(a)
that includes a determination regarding whether the alleged abuse or
neglect in the report described in Subsection
(1)(a)
is supported, unsupported, or without
merit.
(4)
The division:
(a)
shall use an interdisciplinary approach if appropriate in dealing with a report made
under Section
80-2-602
,
80-2-603
, or
80-2-604
;
(b)
in accordance with Section
80-2-706
, shall convene a child protection team to assist
the division in the division's protective, diagnostic, assessment, treatment, and
coordination services; and
(c)
may include a member of the child protection team in the division's protective,
diagnostic, assessment, treatment, or coordination services.
(5)
If a report of neglect is based on or includes an allegation of educational neglect, the
division shall immediately consult with school authorities to verify the child's status in
accordance with Sections
53G-6-201
through
53G-6-206
.
(6)
Upon completion of the initial preremoval investigation under this section, the division
shall give notice of the completion to the person who made the initial report described in
Subsection
(1)(a)
.
(7)
A division child welfare caseworker:
(a)
has authority to:
(i)
enter upon public or private premises, using appropriate legal processes; and
(ii)
to
investigate a report of alleged child abuse or neglect, upon notice to a parent
of the parent's rights under the Child Abuse Prevention and Treatment Act, 42
U.S.C. Sec. 5106, or any successor thereof; and
(b)
may take a child into protective custody in accordance with
Chapter 2a, Removal
and Protective Custody of a Child
.
(8)
In a case, if law enforcement has investigated or is conducting an investigation of
alleged abuse or neglect of a child, the division:
(a)
shall coordinate with law enforcement to ensure that there is an adequate safety plan
to protect the child from further abuse or neglect; and
(b)
is not required to duplicate an aspect of the investigation that, in the division's
determination, has been satisfactorily completed by law enforcement.
(9)
In a mutual case in which a child protection team is involved in the investigation of
alleged abuse or neglect of a child, the division shall consult with the child protection
team before closing the case.
(10)
A division child welfare caseworker that is investigating alleged abuse or neglect of a
child may report a concern of animal abuse or neglect to a local animal control authority
or law enforcement agency.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-21-26 1:54 PM