CHILD ABUSE & NEGLECT

Question 1

DEFINITIONS INV.2 0 4 0 . 1 0 1
The cadet will define child neglect and child abuse and explain the difference (UCA
78A-6-105).

Answer 1

♦ “Neglect”

♦ “Abuse”

Question 2

♦ “Neglect” means:

Answer 2

• abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child
• lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian
• failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence, education, or medical care, or any other care necessary for the child’s health, safety, morals, or well-being; or a child at risk of being neglected or abused because another child in the same home is neglected or abused

Question 3

♦ “Abuse” means:

Answer 3

• non-accidental harm of a child
• threatened harm of a child
• sexual exploitation
• sexual abuse

Question 4

SUPPORTING AGENCI ES INV.2 0 4 0 . 1 0 2
The cadet will list situations where a person or agency is required to report neglected
or abused children to law enforcement and list the exception(s) to this rule (UCA 62A-4a-403).

Answer 4

♦ Reporting requirements

♦ Exceptions to reporting requirements

Question 5

♦ Reporting requirements

Answer 5

• When any person has reason to believe that a child has been subjected to abuse, neglect, or who observes a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect, that person shall immediately notify the nearest peace officer, law enforcement
agency, or office of the division of family services

Question 6

♦ Exceptions to reporting requirements

Answer 6

• The notification requirements do not apply to a clergyman or priest, without the consent of the person making the confession, with regard to
any confession made to the clergyman or priest in the professional character of the clergyman or priest in the course of discipline enjoined by
the church to which the clergyman or priest belongs
• When a clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, the clergyman or
priest is required to give notification on the basis of that information even though the clergyman or priest may have also received a report of abuse or
neglect from the confession of the perpetrator.
• Exemption of notification requirements for a clergyman or priest does not exempt a clergyman or priest from any other efforts required by law to
prevent further abuse or neglect by the perpetrator.

Question 7

PEACE OFFICER RESPONSIBILITY INV.2 0 4 0 . 1 0 3
The cadet will define a officer’s responsibility upon notification of a suspected case of child neglect or child abuse (UCA 62A-4a-403).

Answer 7

♦ On receipt of this notice, the peace officer or law enforcement agency shall immediately notify the nearest office of the division (family services). If an
initial report of child abuse or neglect is made to the division, the division shall immediately notify the appropriate local law enforcement agency. The
division shall, in addition to its own investigation, comply with and lend support to investigations by law enforcement undertaken pursuant to a report
made under this section.

Question 8

LEGAL AUTHORITY INV. 2 0 4 0 . 1 0 4
The cadet will define an officer’s authority in taking an abused or neglected child into custody and list the restriction on entering a home to take a child into custody (UCA 78A-6-112 and UCA 78A-6-106).

Answer 8

♦ A minor may be taken into custody by a peace officer without order of the court if the minor is seriously endangered in the minor’s surroundings; or seriously endangers others; and immediate removal appears to be necessary for the minor’s protection or the protection of others
♦ A peace officer or child welfare worker may not enter the home of a child who is not under the jurisdiction of the court, remove a child from the child’s home or school, or take a child into protective custody unless:

Question 9

♦ A peace officer or child welfare worker may not enter the home of a child who is not under the jurisdiction of the court, remove a child from the child’s home or school, or take a child into protective custody unless:

Answer 9

• There exist exigent circumstances sufficient to relieve the peace officer or child welfare worker of the requirement to obtain a warrant
• The peace officer or child welfare worker obtains a search warrant • The peace officer or child welfare worker obtains a court order after the
parent or guardian of the child is given notice and an opportunity to be heard; or
• The peace officer or child welfare worker obtains the consent of the child’s parent or guardian

Question 10

SHELTER CARE INV.2 0 4 0 . 1 0 5

The cadet will list the requirements to properly place a child taken into custody for shelter care (UCA78A-6-113).

Answer 10

♦ A minor may not be placed or kept in a secure detention facility pending court proceedings unless it is unsafe for the public to leave the minor with the
minor’s parents, guardian, or custodian and the minor is detainable based on guidelines promulgated by the Division of Juvenile Justice Services
♦ A child who must be taken from the child’s home, but who does not require physical restriction, shall be given temporary care in a shelter facility and may not be placed in a detention facility
♦ A child may not be placed or kept in a shelter facility pending court proceedings unless it is unsafe to leave the child with the child’s parents,
guardian, or custodian

Question 11

cont!

Answer 11

♦ After admission of a child to a detention facility pursuant to the guidelines established by the Division of Juvenile Justice Services and immediate
investigation by an authorized officer of the court, the judge or the officer shall order the release of the child to the child’s parents, guardian, or custodian
if it is found the child can be safely returned to their care, either upon written promise to bring the child to the court at a time set or without restriction
♦ When a child is detained in a detention or shelter facility, the parents or guardian shall be informed by the person in charge of the facility that they
have the right to a prompt hearing in court to determine whether the child is to be further detained or released
♦ When a minor is detained in a detention facility, the minor shall be informed by the person in charge of the facility that the minor has the right to a prompt hearing in court to determine whether the minor is to be further detained or released

Question 12

cont!

Answer 12

♦ The court may, at any time, order the release of the minor, whether a detention hearing is held or not
♦ A minor may not be held in a detention facility longer than 48 hours prior to a detention hearing, excluding weekends and holidays, unless the court has entered an order for continued detention
♦ A child may not be held in a shelter facility longer than 48 hours prior to a shelter hearing, excluding weekends and holidays, unless a court order for
extended shelter has been entered by the court after notice to all parties described in UCA 78A-6-306

Question 13

PHYSICIAN EXAMINATION INV.2 0 4 0 . 1 0 6

The cadet will list the conditions and terms which allow protective custody of a child by a physician. UCA 62A-4a-407

Answer 13

♦ Reason to believe the child’s safety is endangered
♦ Custody not to exceed 72 hours without court order
♦ Immediately notify DCFS
♦ Document the grounds for which the child was taken into custody and the nature and necessity for any medical care given

Question 14

PHOTOGRAPHIC EVIDENCE INV.2 0 4 0 . 1 0 7
The cadet will identify an officer’s authority and the procedure to be followed in obtaining photographic evidence of child neglect or child abuse (UCA 62A-4a-406).

Answer 14

♦ Any physician, surgeon, medical examiner, peace officer, law enforcement official, or public health officer or official may take photographs of the areas
of trauma visible on a child and, if medically indicated, perform radiological examinations
♦ Photographs may be taken of the premises or of objects relevant to a reported circumstance of child abuse or neglect
♦ Photographs or X-rays, and all other medical records pertinent to an investigation for child abuse or neglect shall be made available to the division,
law enforcement officials, and the court

Question 15

REPORTING PROCEDURES INVOLVING DEATH INV.2 0 4 0 . 1 0 8
The cadet will explain the notification and reporting procedure for death associated to child neglect or child abuse (UCA 62A-4a-405).

Answer 15

♦ Any person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to the local law enforcement agency, who shall report to the county attorney or district attorney and the appropriate medical examiner
♦ After receiving a report described in Subsection (1), the medical examiner shall investigate and report the medical examiner’s findings to the police; the appropriate county attorney or district attorney; the attorney general’s office; the division; and if the institution making the report is a hospital, to that
hospital

Question 16

LIABI LI TY INV.2 0 4 0 . 1 0 9
The cadet will explain the requirement to act in “good faith” and “without malice” to avoid civil and criminal liability (UCA 62A-4a-410).

Answer 16

♦ Any person, official, or institution participating in good faith in making a report, taking photographs or X-rays, assisting an investigator from the
division, serving as a member of a child protection team, or taking a child into protective custody pursuant to this part, is immune from any liability, civil or criminal, that otherwise might result by reason of those actions

Question 17

EVIDENCE INV.2 0 4 0 . 1 1 0

The cadet will list examples of evidence related to neglect and abuse, to include:

Answer 17

♦ Report by child
♦ Living conditions
♦ Bruising
♦ Broken bones
♦ Injuries in various stages of healing

Question 18

SAFE HARBOR LAW INV.2 0 4 0 . 1 1 1
The cadet will recall elements of the safe harbor law involving a mother of a child who wishes to give up the child without any legal recourse or disclosing identity (UCA 62A-4a-801, 802)

Answer 18

♦ If a newborn is found and is believed to be abandoned under the safe relinquishment of a newborn child law, police officers should take the
following steps:

Question 19

♦ If a newborn is found and is believed to be abandoned under the safe relinquishment of a newborn child law, police officers should take the
following steps:

Answer 19

• If the infant needs emergency medical services, immediately take them to the nearest hospital and contact the Division of Child and Family
Services (DCFS) at 1-800-678-9399. Explain that the infant was voluntarily abandoned with or without abuse/neglect issues. A DCFS representative will meet you at the hospital.

Question 20

• If the infant is NOT in need of emergency medical services, call DCFS immediately and wait for them to come to you. Be prepared to provide DCFS with the following information:

Answer 20

 Infant’s condition
 Location of infant
 Known abuse/neglect
 Immediate needs of the infant

Question 21

♦ If a newborn is found and is believed to be abandoned under the safe relinquishment of a newborn child law, police officers should take the
following steps:

Answer 21

• Once DCFS has arrived and taken custody of the infant, DO NOT attempt to contact or identify the mother unless there are abuse/neglect issues

Question 22

♦ If a newborn is found and is believed to be abandoned under the safe relinquishment of a newborn child law, police officers should take the
following steps:

Answer 22

• Unless identifying information relating to the non-relinquishing parent of the newborn child has been provided, the DCFS shall work with local law enforcement and the Bureau of Criminal Identification within the Department of Public Safety in an effort to ensure that the newborn child
has not been identified as a missing child.