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Senate adopts substitute to expand investigatory warrant tool in child‑welfare bill

February 17, 2026 | 2026 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate adopts substitute to expand investigatory warrant tool in child‑welfare bill
Senator Escamilla presented a first substitute to Senate Bill 124, which the sponsor described as a response to recent child‑welfare audits and high‑profile cases. The substitute adds an explicit definition of "credible threat," ties that definition to existing juvenile code language, and clarifies the scope of investigative judiciary custody warrants so they do not automatically serve as removal warrants.

Escamilla said the substitute distinguishes an investigatory warrant that permits limited visual verification of a child's safety from the judiciary processes that would be required to remove a child. He cited cases where lack of access to view a child for an extended period hampered protective efforts and said the bill provides an additional narrowly tailored tool for investigators.

Senators voiced support for more tools to protect children but also questioned details. Sen. Plumb and others expressed concern for safeguards and due process; the sponsor said the changes were crafted with DCFS and other stakeholders. The Senate recorded a roll-call advance for the first substitute to SB124 with 18 aye votes, and the bill moved forward for third-reading consideration.

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