80-2-303. Division enforcement authority -- Attorney general responsibilities.
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Effective 9/1/2022
80-2-303. Division enforcement authority -- Attorney general responsibilities.
(1)The division shall take legal action that is necessary to enforce this chapter and Chapter 2a, Removal and Protective Custody of a Child .
(a)Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall enforce this chapter, Chapter 2a, Removal and Protective Custody of a Child , Chapter 3, Abuse, Neglect, and Dependency Proceedings , and Chapter 4, Termination and Restoration of Parental Rights , relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights.
(b)The attorney general may contract with the local county attorney to enforce this chapter, Chapter 2a, Removal and Protective Custody of a Child , Chapter 3, Abuse, Neglect, and Dependency Proceedings , and Chapter 4, Termination and Restoration of Parental Rights .
(c)It is the responsibility of the attorney general's office to:
(i)advise the division regarding decisions to remove a minor from the minor's home;
(ii)represent the division in all court and administrative proceedings related to abuse, neglect, or dependency including, but not limited to, shelter hearings, dispositional hearings, dispositional review hearings, periodic review hearings, and petitions for termination of parental rights; and
(iii)be available to and advise child welfare caseworkers on an ongoing basis.
(i)The attorney general shall designate no less than 16 full-time attorneys to advise and represent the division in abuse, neglect, and dependency proceedings, including petitions for termination of parental rights.
(ii)The attorneys described in Subsection (2)(d)(i) shall devote full time and attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable, be housed in or near various offices of the division statewide.
(3)The attorney general's office shall represent the division in an action:
(a)involving a minor who has not been adjudicated as abused or neglected, but who is placed in the custody of the division by the juvenile court primarily on the basis of delinquent behavior or a status offense; or
(b)for reimbursement of funds from a parent or guardian under Subsection 80-2-301(2)(l) .
(c)This section does not affect the responsibility of the county attorney or district attorney to represent the state in the matters described in Subsection (3)(a) .
Renumbered and Amended by Chapter 334 , 2022 General Session