HB 50

Enrolled Copy  H.B. 50
1Child Protection Ombudsman Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Karianne Lisonbee
  Senate Sponsor: Wayne A. Harper
2
3  LONG TITLE
4  General Description:
5      This bill makes changes related to the child protection ombudsman.
6  Highlighted Provisions:
7      This bill:
8      ▸ allows the child protection ombudsman to receive a complaint with respect to a parent;
9      ▸ requires the child protection ombudsman to:
10●   provide information about a parent's and child's rights on the child protection
11  ombudsman's website; and
12●   annually report to the Child Welfare Legislative Oversight Panel and the Health and
13  Human Services Interim Committee;
14      ▸ requires a peace officer or child welfare caseworker who takes a child into protective
15  custody to provide the child's parent or guardian with information about the child
16  protection ombudsman; and
17      ▸ makes technical and conforming changes.
18  Money Appropriated in this Bill:
19      None
20  Other Special Clauses:
21      None
22  Utah Code Sections Affected:
23  AMENDS:
24      80-2-1104, as last amended by Laws of Utah 2024, Chapter 250
25      80-2a-203, as renumbered and amended by Laws of Utah 2022, Chapter 334
26
27  Be it enacted by the Legislature of the state of Utah:
H.B. 50  Enrolled Copy
28Section 1. Section 80-2-1104 is amended to read:
2980-2-1104 . Child protection ombudsman -- Responsibility -- Authority -- Report.
30   (1) As used in this section:
31(a) "Complainant" means a person who initiates a complaint with the ombudsman.
32(b) "Complaint" means a complaint regarding an act or omission by the division with
33respect to a particular child or parent.
34(c) "Ombudsman" means the child protection ombudsman appointed under this section.
35   (2)(a) There is created within the department the position of child protection
36ombudsman.
37(b) The executive director of the department shall:
38(i) appoint an ombudsman who has:
39(A) recognized executive and administrative capacity; and
40(B) experience in child welfare, and in state laws and policies governing abused,
41neglected, and dependent children; and
42(ii) select the ombudsman solely with regard to qualifications and fitness to discharge
43the duties of the ombudsman.
44(c) The ombudsman shall:
45(i) serve at the pleasure of the executive director of the department; and
46(ii) devote full-time to the duties described in this section.
47   (3) The ombudsman shall:
48(a) unless the ombudsman decides not to investigate the complaint, upon receipt of a
49complaint, investigate whether an act or omission of the division with respect to a
50particular child or parent:
51(i) is contrary to statute, rule, or policy;
52(ii) places a child's health or safety at risk;
53(iii) is made without an adequate statement of reason; or
54(iv) is based on irrelevant, immaterial, or erroneous grounds;
55(b) notify the complainant and the division of:
56(i) the ombudsman's decision to investigate or not investigate the complaint; and
57(ii) if the ombudsman decides not to investigate the complaint, the reason for the
58decision;
59(c) if the ombudsman finds that a person's act or omission violates state or federal
60criminal law, immediately report the finding to the appropriate county or district
61attorney or to the attorney general;
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62      (d) immediately notify the division if the ombudsman finds that a child needs protective
63custody;
64      (e) prepare a written report of the findings and recommendations, if any, of each
65investigation;
66      (f) make recommendations to the division if the ombudsman finds that:
67(i) a matter should be further considered by the division;
68(ii) an administrative act should be addressed, modified, or canceled;
69(iii) action should be taken by the division with regard to one of the division's
70employees; or
71(iv) any other action should be taken by the division;
72      (g) subject to this Subsection (3), in accordance with Title 63G, Chapter 3, Utah
73Administrative Rulemaking Act, make rules that govern the following:
74(i) receiving and processing a complaint;
75(ii) notifying a complainant and the division regarding a decision to investigate or to
76decline to investigate a complaint;
77(iii) prioritizing workload;
78(iv) maximum time within which an investigation is required to be completed;
79(v) conducting an investigation;
80(vi) notifying a complainant and the division regarding the results of an investigation;
81and
82(vii) making recommendations based on the findings and results of investigations;
83      (h) within appropriations from the Legislature, employ staff as may be necessary to
84carry out the ombudsman's duties under this section;
85      (i) provide information regarding the role, duties, and functions of the ombudsman to
86public agencies, private entities, and individuals;[ and]
87      (j) provide on the ombudsman's website, in a form that is easily accessible, information
88about the fundamental rights of a parent and child and the responsibility of the state
89in a child welfare matter as described in Section 80-2a-201; and
90      [(j)] (k) as appropriate, make recommendations to the division regarding individual child
91welfare cases, and the rules, policies, and operations of the division.
92  (4)(a) The ombudsman may:
93(i) decline to investigate a complaint or continue an investigation of a complaint;
94(ii) conduct an investigation on the ombudsman's own initiative;
95(iii) conduct further investigation upon the request of the complainant or upon the
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96ombudsman's own initiative; and
97(iv) advise a complainant to pursue administrative remedies or channels of a
98complaint before pursuing a complaint with the ombudsman.
99(b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint
100directly to the ombudsman before pursuing an administrative remedy.
101   (5)(a) A record of the ombudsman regarding an individual child welfare case shall be
102classified in accordance with federal law and Title 63G, Chapter 2, Government
103Records Access and Management Act.
104(b) The ombudsman shall have access to all of the department's written and electronic
105records and databases, including those regarding individual child welfare cases.
106(c) In accordance with Title 63G, Chapter 2, Government Records Access and
107Management Act, all documents and information received by the ombudsman shall
108maintain the same classification that was designated by the department.
109   (6)(a) On or before October 1 of each year, the ombudsman shall provide a written
110report to the Child Welfare Legislative Oversight Panel and the Health and Human
111Services Interim Committee.
112(b) The written report described in Subsection (6)(a) shall include:
113(i) the total number of complaints filed with the ombudsman;
114(ii) the number of complaints the ombudsman investigated;
115(iii) reoccurring themes among complaints, if any; and
116(iv) any recommendations regarding policies or procedures of the division or the
117position of the ombudsman.
118Section 2. Section 80-2a-203 is amended to read:
11980-2a-203 . Notice upon issuance of a warrant or removal of a child -- Locating
120   noncustodial parent -- Information provided to parent, guardian, or responsible relative.
121   (1)(a) A peace officer or child welfare caseworker who takes a child into protective
122custody under Subsection 80-2a-202(1), shall immediately use reasonable efforts to
123locate and inform, through the most efficient means available, the child's parents,
124including a noncustodial parent, the child's guardian, or a responsible relative:
125(i) that the child is in protective custody;
126(ii) the reason for removal and placement of the child in protective custody;
127(iii) that the parent, guardian, or relative will be provided with information on:
128(A) the parent's or guardian's procedural rights; and
129(B) the preliminary stages of the investigation and shelter hearing;
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130(iv) of a telephone number where the parent or guardian may access further
131information;
132(v) that the child and the child's parent or guardian are entitled to have an attorney
133present at the shelter hearing;
134(vi) that if the child's parent or guardian is an indigent individual and desires to have
135an attorney, one will be provided;[ and]
136(vii) that resources are available to assist the child's parent or guardian, including:
137(A) a parent advocate;
138(B) a qualified attorney; or
139(C) potential expert witnesses to testify on behalf of the child or the child's parent,
140guardian, or family[.] ; and
141(viii) that the child's parent or guardian may contact the child protection ombudsman
142created in Section 80-2-1104 for help accessing resources or navigating the child
143welfare system.
144      (b) For purposes of locating and informing the noncustodial parent under Subsection
145(1)(a), the division shall search for the noncustodial parent through the Federal Parent
146Locator Service if the division is unable to locate the noncustodial parent through
147other reasonable efforts.
148  (2) At the time that a child is taken into protective custody under Subsection 80-2a-202(2),
149      the division shall provide the child's parent or guardian an informational packet with:
150      (a) all of the information described in Subsection (1);
151      (b) information on the conditions under which a child may be released from protective
152custody;
153      (c) information on resources that are available to the parent or guardian, including:
154(i) mental health resources;
155(ii) substance abuse resources; and
156(iii) parenting classes;[ and]
157      (d) the child protection ombudsman's website address; and
158      [(d)] (e) any other information considered relevant by the division.
159  (3) The division shall ensure the informational packet described in Subsection (2) is:
160      (a) evaluated periodically for the effectiveness of the informational packet at conveying
161necessary information and revised accordingly;
162      (b) written in simple, easy-to-understand language;
163      (c) available in English and other languages as the division determines to be appropriate
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164and necessary; and
165(d) made available for distribution in:
166(i) schools;
167(ii) health care facilities;
168(iii) local police and sheriff's offices;
169(iv) the offices of the division; and
170(v) any other appropriate office within the department.
171   (4) If reasonable efforts are made by the peace officer or child welfare caseworker to notify
172the child's parent or guardian or a responsible relative under Subsection (1), failure to
173notify:
174(a) shall be considered to be due to circumstances beyond the control of the peace officer
175or child welfare caseworker; and
176(b) may not be construed to:
177(i) permit a new defense to any juvenile or judicial proceeding; or
178(ii) interfere with any rights, procedures, or investigations provided for by this
179chapter, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4,
180Termination and Restoration of Parental Rights.
181   (5)(a) If the juvenile court issues a warrant under Subsection 80-2a-202(6), the division
182shall provide notice of the warrant to the child's parent or guardian who:
183(i) has a right to parent-time with the child; and
184(ii)(A) is the child's primary caregiver; or
185(B) has custody of the child when the warrant is sought.
186(b) The division shall make a good faith effort to provide notice to the child's parent or
187guardian who:
188(i) is not required to be notified under Subsection (5)(a); and
189(ii) has a right to parent-time with the child.
190Section 3. Effective Date.
191   This bill takes effect on May 6, 2026.
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