UT
Utah House Bill HB0283

Utah 2025 Regular Session

Utah House Bill HB0283 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 283
1+01-20 13:32 H.B. 283
22 1
33 Child and Family Services Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Stephanie Gricius
7-Senate Sponsor: Wayne A. Harper
87 2
98
109 3
1110 LONG TITLE
1211 4
1312 General Description:
1413 5
1514 This bill addresses child and family services, such as child placement, custody, and records.
1615 6
1716 Highlighted Provisions:
1817 7
1918 This bill:
2019 8
2120 ▸ defines terms;
2221 9
2322 ▸ addresses bedroom sharing by foster children;
2423 10
2524 ▸ prohibits the Division of Child and Family Services (division) from:
2625 11
2726 ● withholding certain information from a child's parent, guardian, or custodian;
2827 12
2928 ● creating or changing division records in certain ways without written consent from the
3029 13
3130 child's parent, guardian, or custodian;
3231 14
3332 ● initiating certain medical treatment or care on behalf of a child in the division's
3433 15
3534 custody; and
3635 16
3736 ● placing a child with a foster parent or taking adverse action against a foster parent if
3837 17
3938 the foster parent expresses discomfort with caring for a child;
4039 18
4140 ▸ allows the division to share certain records concerning a child with an adoptive parent of
4241 19
4342 the child or an individual who has been awarded permanent custody and guardianship of
4443 20
4544 the child;
4645 21
4746 ▸ provides that a parent's approval or disapproval of a child's sexual orientation, in itself,
4847 22
4948 may not be the basis for:
5049 23
5150 ● removal of the child from the parent's custody; or
5251 24
5352 ● discrimination when a court is determining child custody as part of a divorce or other
5453 25
5554 family law proceeding;
5655 26
5756 ▸ provides that a juvenile court may not determine that reunification services should not be
5857 27
59-provided based solely on a parent's agreement or disagreement with the child's sexual H.B. 283 Enrolled Copy
58+provided based solely on a parent's agreement or disagreement with the child's sexual
6059 28
6160 orientation or gender identity; and
6261 29
6362 ▸ makes technical and conforming changes.
6463 30
6564 Money Appropriated in this Bill:
6665 31
67-None
66+None H.B. 283 01-20 13:32
6867 32
6968 Other Special Clauses:
7069 33
7170 None
7271 34
7372 Utah Code Sections Affected:
7473 35
7574 AMENDS:
7675 36
7776 26B-2-128, as last amended by Laws of Utah 2024, Chapter 240
7877 37
7978 53G-8-211, as last amended by Laws of Utah 2024, Chapters 240, 301
8079 38
8180 80-1-102, as last amended by Laws of Utah 2024, Chapter 256
8281 39
8382 80-2-102, as renumbered and amended by Laws of Utah 2022, Chapter 334
8483 40
8584 80-2-402, as last amended by Laws of Utah 2024, Chapter 506
8685 41
8786 80-2-1005, as last amended by Laws of Utah 2023, Chapter 330
8887 42
8988 80-2a-201, as last amended by Laws of Utah 2023, Chapter 320
9089 43
9190 80-2a-202, as last amended by Laws of Utah 2024, Chapter 281
9291 44
9392 80-3-111, as enacted by Laws of Utah 2023, Chapter 309
9493 45
9594 80-3-204, as last amended by Laws of Utah 2023, Chapter 330
9695 46
9796 80-3-301, as last amended by Laws of Utah 2023, Chapter 309
9897 47
9998 80-3-302, as last amended by Laws of Utah 2023, Chapters 309, 330
10099 48
101100 80-3-303, as last amended by Laws of Utah 2023, Chapter 309
102101 49
103102 80-3-405, as last amended by Laws of Utah 2023, Chapters 309, 320 and 330
104103 50
105104 80-3-406, as last amended by Laws of Utah 2023, Chapter 320
106105 51
107106 80-3-407, as last amended by Laws of Utah 2023, Chapters 309, 320
108107 52
109108 80-3-409, as last amended by Laws of Utah 2024, Chapter 240
110109 53
111110 81-9-101, as renumbered and amended by Laws of Utah 2024, Chapter 366
112111 54
113112 81-9-204, as renumbered and amended by Laws of Utah 2024, Chapter 366
114113 55
115114 ENACTS:
116115 56
117116 80-2-309, Utah Code Annotated 1953
118117 57
119118
120119 58
121120 Be it enacted by the Legislature of the state of Utah:
122121 59
123122 Section 1. Section 26B-2-128 is amended to read:
124123 60
125124 26B-2-128 . Numerical limit of foster children in a foster home -- Limits on
126125 61
127126 bedroom sharing.
128-- 2 - Enrolled Copy H.B. 283
129127 62
130128 (1)(a) No more than four foster children may reside in the foster home of a licensed
131129 63
132130 foster parent.
133131 64
134132 (b) No more than three foster children may reside in the foster home of a certified foster
135133 65
136134 parent.
135+- 2 - 01-20 13:32 H.B. 283
137136 66
138137 (2) When placing a child into a foster home, the limits under Subsection (1) may be
139138 67
140139 exceeded:
141140 68
142141 (a) to place a child into a foster home where a sibling of the child currently resides; or
143142 69
144143 (b) to place a child in a foster home where the child previously resided.
145144 70
146145 (3) The limits under Subsection (1) may be exceeded for:
147146 71
148147 (a) placement of a sibling group in a foster home with no more than one other foster
149148 72
150149 child placement;
151150 73
152151 (b) placement of a child or sibling group in a foster home where the child or sibling
153152 74
154153 group previously resided; or
155154 75
156155 (c) placement of a child in a foster home where a sibling currently resides.
157156 76
158157 (4)(a) A foster child may not share a bedroom with a child of the opposite biological sex
159158 77
160159 unless:
161160 78
162161 (i) each child sharing the bedroom is under two years old;
163162 79
164163 (ii)(A) the department's client record identifies gender-specific rationale for
165164 80
166165 sharing the bedroom;
167166 81
168167 (B) sharing the bedroom is in the best interests of each child sharing the bedroom;
169168 82
170169 and
171170 83
172171 (C) all children sharing the bedroom are relatives; or
173172 84
174173 (iii)(A) there is written caseworker approval for the bedroom assignment;
175174 85
176175 (B) sharing the bedroom is in the best interests of each child sharing the bedroom;
177176 86
178177 and
179178 87
180179 (C) all children sharing the bedroom are relatives.
181180 88
182181 (b) The Division of Child and Family Services shall approve a bedroom assignment by
183182 89
184183 which a child has their own bedroom if:
185184 90
186185 (i) there is a gender-specific or sexual-orientation specific rationale for the bedroom
187186 91
188187 assignment; and
189188 92
190189 (ii) the bedroom assignment is necessary to promote the child's best interest.
191190 93
192191 (5) A foster parent's bedroom may only be shared with a foster child who is under the age
193192 94
194193 of two years old.
195194 95
196195 (6) A foster parent may not share a bed with any foster child.
197-- 3 - H.B. 283 Enrolled Copy
198196 96
199197 Section 2. Section 53G-8-211 is amended to read:
200198 97
201199 53G-8-211 . Responses to school-based behavior.
202200 98
203201 (1) As used in this section:
204202 99
205203 (a) "Evidence-based" means a program or practice that:
204+- 3 - H.B. 283 01-20 13:32
206205 100
207206 (i) has had multiple randomized control studies or a meta-analysis demonstrating that
208207 101
209208 the program or practice is effective for a specific population;
210209 102
211210 (ii) has been rated as effective by a standardized program evaluation tool; or
212211 103
213212 (iii) is created and developed by a school or school district and has been approved by
214213 104
215214 the state board.
216215 105
217216 (b) "Habitual truant" means a school-age child who:
218217 106
219218 (i) is in grade 7 or above, unless the school-age child is under 12 years old;
220219 107
221220 (ii) is subject to the requirements of Section 53G-6-202; and
222221 108
223222 (iii)(A) is truant at least 20 days during one school year; or
224223 109
225224 (B) fails to cooperate with efforts on the part of school authorities to resolve the
226225 110
227226 school-age child's attendance problem as required under Section 53G-6-206.
228227 111
229228 (c) "Minor" means the same as that term is defined in Section 80-1-102.
230229 112
231230 (i) "Mobile crisis outreach team" means the same as that term is defined in Section
232231 113
233232 26B-5-101.
234233 114
235234 (d) "Prosecuting attorney" means the same as that term is defined in Subsections [
236235 115
237236 80-1-102(65)(b)] 80-1-102(66)(b) and (c).
238237 116
239238 (e) "Restorative justice program" means a school-based program or a program used or
240239 117
241240 adopted by a local education agency that is designed:
242241 118
243242 (i) to enhance school safety, reduce school suspensions, and limit referrals to law
244243 119
245244 enforcement agencies and courts; and
246245 120
247246 (ii) to help minors take responsibility for and repair harmful behavior that occurs in
248247 121
249248 school.
250249 122
251250 (f) "School administrator" means a principal of a school.
252251 123
253252 (g) "School is in session" means a day during which the school conducts instruction for
254253 124
255254 which student attendance is counted toward calculating average daily membership.
256255 125
257256 (h) "School resource officer" means a law enforcement officer, as defined in Section
258257 126
259258 53-13-103, who contracts with, is employed by, or whose law enforcement agency
260259 127
261260 contracts with a local education agency to provide law enforcement services for the
262261 128
263262 local education agency.
264263 129
265264 (i) "School-age child" means the same as that term is defined in Section 53G-6-201.
266-- 4 - Enrolled Copy H.B. 283
267265 130
268266 (j)(i) "School-sponsored activity" means an activity, fundraising event, club, camp,
269267 131
270268 clinic, or other event or activity that is authorized by a specific local education
271269 132
272270 agency or public school, according to LEA governing board policy, and satisfies
273271 133
274272 at least one of the following conditions:
273+- 4 - 01-20 13:32 H.B. 283
275274 134
276275 (A) the activity is managed or supervised by a local education agency or public
277276 135
278277 school, or local education agency or public school employee;
279278 136
280279 (B) the activity uses the local education agency's or public school's facilities,
281280 137
282281 equipment, or other school resources; or
283282 138
284283 (C) the activity is supported or subsidized, more than inconsequentially, by public
285284 139
286285 funds, including the public school's activity funds or Minimum School
287286 140
288287 Program dollars.
289288 141
290289 (ii) "School-sponsored activity" includes preparation for and involvement in a public
291290 142
292291 performance, contest, athletic competition, demonstration, display, or club activity.
293292 143
294293 (k)(i) "Status offense" means an offense that would not be an offense but for the age
295294 144
296295 of the offender.
297296 145
298297 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
299298 146
300299 felony.
301300 147
302301 (2) This section applies to:
303302 148
304303 (a) a minor who is alleged to be a habitual truant; and
305304 149
306305 (b) a minor enrolled in school who is alleged to have committed an offense on school
307306 150
308307 property where the student is enrolled:
309308 151
310309 (i) when school is in session; or
311310 152
312311 (ii) during a school-sponsored activity.
313312 153
314313 (3) If a minor is alleged to have committed an offense on school property that is a class C
315314 154
316315 misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual
317316 155
318317 truant, the school administrator, the school administrator's designee, or a school resource
319318 156
320319 officer shall refer the minor:
321320 157
322321 (a) to an evidence-based alternative intervention, including:
323322 158
324323 (i) a mobile crisis outreach team;
325324 159
326325 (ii) a youth services center, as defined in Section 80-5-102;
327326 160
328327 (iii) a certified youth court, as defined in Section 80-6-901, or comparable restorative
329328 161
330329 justice program;
331330 162
332331 (iv) an evidence-based alternative intervention created and developed by the school
333332 163
334333 or school district;
335-- 5 - H.B. 283 Enrolled Copy
336334 164
337335 (v) an evidence-based alternative intervention that is jointly created and developed by
338336 165
339337 a local education agency, the state board, the juvenile court, local counties and
340338 166
341339 municipalities, the Department of Health and Human Services;
342340 167
343341 (vi) a tobacco cessation or education program if the offense is a violation of Section
342+- 5 - H.B. 283 01-20 13:32
344343 168
345344 76-10-105; or
346345 169
347346 (vii) truancy mediation; or
348347 170
349348 (b) for prevention and early intervention youth services, as described in Section 80-5-201,
350349 171
351350 by the Division of Juvenile Justice and Youth Services if the minor refuses to
352351 172
353352 participate in an evidence-based alternative intervention described in Subsection
354353 173
355354 (3)(a).
356355 174
357356 (4) Except as provided in Subsection (6), if a minor is alleged to have committed an offense
358357 175
359358 on school property that is a class C misdemeanor, an infraction, or a status offense, a
360359 176
361360 school administrator, the school administrator's designee, or a school resource officer
362361 177
363362 may refer a minor to a law enforcement officer or agency or a court only if:
364363 178
365364 (a) the minor allegedly committed an offense on school property on a previous occasion;
366365 179
367366 and
368367 180
369368 (b) the minor was referred to an evidence-based alternative intervention, or to prevention
370369 181
371370 or early intervention youth services, as described in Subsection (3) for the previous
372371 182
373372 offense.
374373 183
375374 (5) If a minor is alleged to be a habitual truant, a school administrator, the school
376375 184
377376 administrator's designee, or a school resource officer may only refer the minor to a law
378377 185
379378 enforcement officer or agency or a court if:
380379 186
381380 (a) the minor was previously alleged of being a habitual truant at least twice during the
382381 187
383382 same school year; and
384383 188
385384 (b) the minor was referred to an evidence-based alternative intervention, or for
386385 189
387386 prevention and early intervention youth services, as described in Subsection (3) for at
388387 190
389388 least two of the previous habitual truancies.
390389 191
391390 (6) If a minor is alleged to have committed a traffic offense that is an infraction, a school
392391 192
393392 administrator, the school administrator's designee, or a school resource officer may refer
394393 193
395394 the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for
396395 194
397396 the traffic offense.
398397 195
399398 (7) Notwithstanding Subsections (4) and (5), a school resource officer may:
400399 196
401400 (a) investigate possible criminal offenses and conduct, including conducting probable
402401 197
403402 cause searches;
404-- 6 - Enrolled Copy H.B. 283
405403 198
406404 (b) consult with school administration about the conduct of a minor enrolled in a school;
407405 199
408406 (c) transport a minor enrolled in a school to a location if the location is permitted by law;
409407 200
410408 (d) take temporary custody of a minor in accordance with Section 80-6-201; or
411409 201
412410 (e) protect the safety of students and the school community, including the use of
411+- 6 - 01-20 13:32 H.B. 283
413412 202
414413 reasonable and necessary physical force when appropriate based on the totality of the
415414 203
416415 circumstances.
417416 204
418417 (8)(a) If a minor is referred to a court or a law enforcement officer or agency under
419418 205
420419 Subsection (4) or (5), the school or the school district shall appoint a school
421420 206
422421 representative to continue to engage with the minor and the minor's family through
423422 207
424423 the court process.
425424 208
426425 (b) A school representative appointed under Subsection (8)(a) may not be a school
427426 209
428427 resource officer.
429428 210
430429 (c) A school district or school shall include the following in the school district's or
431430 211
432431 school's referral to the court or the law enforcement officer or agency:
433432 212
434433 (i) attendance records for the minor;
435434 213
436435 (ii) a report of evidence-based alternative interventions used by the school before the
437436 214
438437 referral, including outcomes;
439438 215
440439 (iii) the name and contact information of the school representative assigned to
441440 216
442441 actively participate in the court process with the minor and the minor's family;
443442 217
444443 (iv) if the minor was referred to prevention or early intervention youth services under
445444 218
446445 Subsection (3)(b), a report from the Division of Juvenile Justice and Youth
447446 219
448447 Services that demonstrates the minor's failure to complete or participate in
449448 220
450449 prevention and early intervention youth services under Subsection (3)(b); and
451450 221
452451 (v) any other information that the school district or school considers relevant.
453452 222
454453 (d) A minor referred to a court under Subsection (4) or (5) may not be ordered to or
455454 223
456455 placed in secure detention, including for a contempt charge or violation of a valid
457456 224
458457 court order under Section 78A-6-353:
459458 225
460459 (i) when the underlying offense is a status offense or infraction; or
461460 226
462461 (ii) for being a habitual truant.
463462 227
464463 (e) If a minor is referred to a court under Subsection (4) or (5), the court may use, when
465464 228
466465 available, the resources of the Division of Juvenile Justice and Youth Services or the
467466 229
468467 Office of Substance Use and Mental Health to address the minor.
469468 230
470469 (9) If a minor is alleged to have committed an offense on school property that is a class B
471470 231
472471 misdemeanor or a class A misdemeanor, the school administrator, the school
473-- 7 - H.B. 283 Enrolled Copy
474472 232
475473 administrator's designee, or a school resource officer may refer the minor directly to a
476474 233
477475 court or to the evidence-based alternative interventions in Subsection (3)(a).
478476 234
479477 (10) A school administrator, a school administrator's designee, and a school resource officer
480478 235
481479 retain the discretion described under this section in relation to Title 63G, Chapter 31,
480+- 7 - H.B. 283 01-20 13:32
482481 236
483482 Distinctions on the Basis of Sex.
484483 237
485484 Section 3. Section 80-1-102 is amended to read:
486485 238
487486 80-1-102 . Juvenile Code definitions.
488487 239
489488 Except as provided in Section 80-6-1103, as used in this title:
490489 240
491490 (1)(a) "Abuse" means:
492491 241
493492 (i)(A) nonaccidental harm of a child;
494493 242
495494 (B) threatened harm of a child;
496495 243
497496 (C) sexual exploitation;
498497 244
499498 (D) sexual abuse; or
500499 245
501500 (E) human trafficking of a child in violation of Section 76-5-308.5; or
502501 246
503502 (ii) that a child's natural parent:
504503 247
505504 (A) intentionally, knowingly, or recklessly causes the death of another parent of
506505 248
507506 the child;
508507 249
509508 (B) is identified by a law enforcement agency as the primary suspect in an
510509 250
511510 investigation for intentionally, knowingly, or recklessly causing the death of
512511 251
513512 another parent of the child; or
514513 252
515514 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
516515 253
517516 recklessly causing the death of another parent of the child.
518517 254
519518 (b) "Abuse" does not include:
520519 255
521520 (i) reasonable discipline or management of a child, including withholding privileges;
522521 256
523522 (ii) conduct described in Section 76-2-401; or
524523 257
525524 (iii) the use of reasonable and necessary physical restraint or force on a child:
526525 258
527526 (A) in self-defense;
528527 259
529528 (B) in defense of others;
530529 260
531530 (C) to protect the child; or
532531 261
533532 (D) to remove a weapon in the possession of a child for any of the reasons
534533 262
535534 described in Subsections (1)(b)(iii)(A) through (C).
536535 263
537536 (2) "Abused child" means a child who has been subjected to abuse.
538537 264
539538 (3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
540539 265
541540 (i) for a delinquency petition or criminal information under Chapter 6, Juvenile
542-- 8 - Enrolled Copy H.B. 283
543541 266
544542 Justice:
545543 267
546544 (A) a finding by the juvenile court that the facts alleged in a delinquency petition
547545 268
548546 or criminal information alleging that a minor committed an offense have been
549547 269
550548 proved;
549+- 8 - 01-20 13:32 H.B. 283
551550 270
552551 (B) an admission by a minor in the juvenile court as described in Section 80-6-306;
553552 271
554553 or
555554 272
556555 (C) a plea of no contest by minor in the juvenile court; or
557556 273
558557 (ii) for all other proceedings under this title, a finding by the juvenile court that the
559558 274
560559 facts alleged in the petition have been proved.
561560 275
562561 (b) "Adjudication" does not include:
563562 276
564563 (i) an admission by a minor described in Section 80-6-306 until the juvenile court
565564 277
566565 enters the minor's admission; or
567566 278
568567 (ii) a finding of not competent to proceed in accordance with Section 80-6-402.
569568 279
570569 (4)(a) "Adult" means an individual who is 18 years old or older.
571570 280
572571 (b) "Adult" does not include an individual:
573572 281
574573 (i) who is 18 years old or older; and
575574 282
576575 (ii) who is a minor.
577576 283
578577 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
579578 284
580579 78A-2-801.
581580 285
582581 (6) "Board" means the Board of Juvenile Court Judges.
583582 286
584583 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
585584 287
586585 years old.
587586 288
588587 (8) "Child and family plan" means a written agreement between a child's parents or
589588 289
590589 guardian and the Division of Child and Family Services as described in Section 80-3-307.
591590 290
592591 (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
593592 291
594593 (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
595594 292
596595 (11) "Child protection team" means a team consisting of:
597596 293
598597 (a) the child welfare caseworker assigned to the case;
599598 294
600599 (b) if applicable, the child welfare caseworker who made the decision to remove the
601600 295
602601 child;
603602 296
604603 (c) a representative of the school or school district where the child attends school;
605604 297
606605 (d) if applicable, the law enforcement officer who removed the child from the home;
607606 298
608607 (e) a representative of the appropriate Children's Justice Center, if one is established
609608 299
610609 within the county where the child resides;
611-- 9 - H.B. 283 Enrolled Copy
612610 300
613611 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
614612 301
615613 with the child's circumstances;
616614 302
617615 (g) if appropriate, a representative of law enforcement selected by the chief of police or
618616 303
619617 sheriff in the city or county where the child resides; and
618+- 9 - H.B. 283 01-20 13:32
620619 304
621620 (h) any other individuals determined appropriate and necessary by the team coordinator
622621 305
623622 and chair.
624623 306
625624 (12)(a) "Chronic abuse" means repeated or patterned abuse.
626625 307
627626 (b) "Chronic abuse" does not mean an isolated incident of abuse.
628627 308
629628 (13)(a) "Chronic neglect" means repeated or patterned neglect.
630629 309
631630 (b) "Chronic neglect" does not mean an isolated incident of neglect.
632631 310
633632 (14) "Clandestine laboratory operation" means the same as that term is defined in Section
634633 311
635634 58-37d-3.
636635 312
637636 (15) "Commit" or "committed" means, unless specified otherwise:
638637 313
639638 (a) with respect to a child, to transfer legal custody; and
640639 314
641640 (b) with respect to a minor who is at least 18 years old, to transfer custody.
642641 315
643642 (16) "Community-based program" means a nonsecure residential or nonresidential program,
644643 316
645644 designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
646645 317
647646 restrictive setting, consistent with public safety, and operated by or under contract with
648647 318
649648 the Division of Juvenile Justice and Youth Services.
650649 319
651650 (17) "Community placement" means placement of a minor in a community-based program
652651 320
653652 described in Section 80-5-402.
654653 321
655654 (18) "Correctional facility" means:
656655 322
657656 (a) a county jail; or
658657 323
659658 (b) a secure correctional facility as defined in Section 64-13-1.
660659 324
661660 (19) "Criminogenic risk factors" means evidence-based factors that are associated with a
662661 325
663662 minor's likelihood of reoffending.
664663 326
665664 (20) "Department" means the Department of Health and Human Services created in Section
666665 327
667666 26B-1-201.
668667 328
669668 (21) "Dependent child" or "dependency" means a child who is without proper care through
670669 329
671670 no fault of the child's parent, guardian, or custodian.
672671 330
673672 (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
674673 331
675674 parent or a previous custodian to another person, agency, or institution.
676675 332
677676 (23) "Detention" means home detention or secure detention.
678677 333
679678 (24) "Detention facility" means a facility, established by the Division of Juvenile Justice
680-- 10 - Enrolled Copy H.B. 283
681679 334
682680 and Youth Services in accordance with Section 80-5-501, for minors held in detention.
683681 335
684682 (25) "Detention risk assessment tool" means an evidence-based tool established under
685683 336
686684 Section 80-5-203 that:
687685 337
688686 (a) assesses a minor's risk of failing to appear in court or reoffending before
687+- 10 - 01-20 13:32 H.B. 283
689688 338
690689 adjudication; and
691690 339
692691 (b) is designed to assist in making a determination of whether a minor shall be held in
693692 340
694693 detention.
695694 341
696695 (26) "Developmental immaturity" means incomplete development in one or more domains
697696 342
698697 that manifests as a functional limitation in the minor's present ability to:
699698 343
700699 (a) consult with counsel with a reasonable degree of rational understanding; and
701700 344
702701 (b) have a rational as well as factual understanding of the proceedings.
703702 345
704703 (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
705704 346
706705 under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
707706 347
708707 (28) "Educational neglect" means that, after receiving a notice of compulsory education
709708 348
710709 violation under Section 53G-6-202, the parent or guardian fails to make a good faith
711710 349
712711 effort to ensure that the child receives an appropriate education.
713712 350
714713 (29) "Educational series" means an evidence-based instructional series:
715714 351
716715 (a) obtained at a substance abuse program that is approved by the Division of Integrated
717716 352
718717 Healthcare in accordance with Section 26B-5-104; and
719718 353
720719 (b) designed to prevent substance use or the onset of a mental health disorder.
721720 354
722721 (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
723722 355
724723 (31) "Evidence-based" means a program or practice that has had multiple randomized
725724 356
726725 control studies or a meta-analysis demonstrating that the program or practice is effective
727726 357
728727 for a specific population or has been rated as effective by a standardized program
729728 358
730729 evaluation tool.
731730 359
732731 (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
733732 360
734733 (33) "Formal probation" means a minor is:
735734 361
736735 (a) supervised in the community by, and reports to, a juvenile probation officer or an
737736 362
738737 agency designated by the juvenile court; and
739738 363
740739 (b) subject to return to the juvenile court in accordance with Section 80-6-607.
741740 364
742741 (34) "Gender identity" means the same as that term is defined in Section 34A-5-102.
743742 365
744743 (35) "Group rehabilitation therapy" means psychological and social counseling of one or
745744 366
746745 more individuals in the group, depending upon the recommendation of the therapist.
747746 367
748747 [(35)] (36) "Guardian" means a person appointed by a court to make decisions regarding a
749-- 11 - H.B. 283 Enrolled Copy
750748 368
751749 minor, including the authority to consent to:
752750 369
753751 (a) marriage;
754752 370
755753 (b) enlistment in the armed forces;
756754 371
757755 (c) major medical, surgical, or psychiatric treatment; or
756+- 11 - H.B. 283 01-20 13:32
758757 372
759758 (d) legal custody, if legal custody is not vested in another individual, agency, or
760759 373
761760 institution.
762761 374
763762 [(36)] (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
764763 375
765764 [(37)] (38) "Harm" means:
766765 376
767766 (a) physical or developmental injury or damage;
768767 377
769768 (b) emotional damage that results in a serious impairment in the child's growth,
770769 378
771770 development, behavior, or psychological functioning;
772771 379
773772 (c) sexual abuse; or
774773 380
775774 (d) sexual exploitation.
776775 381
777776 [(38)] (39) "Home detention" means placement of a minor:
778777 382
779778 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
780779 383
781780 of the minor's parent, guardian, or custodian, under terms and conditions established
782781 384
783782 by the Division of Juvenile Justice and Youth Services or the juvenile court; or
784783 385
785784 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
786785 386
787786 minor's home, or in a surrogate home with the consent of the minor's parent,
788787 387
789788 guardian, or custodian, under terms and conditions established by the Division of
790789 388
791790 Juvenile Justice and Youth Services or the juvenile court.
792791 389
793792 [(39)] (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the
794793 390
795794 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
796795 391
797796 aunt, nephew, niece, or first cousin.
798797 392
799798 (b) "Incest" includes:
800799 393
801800 (i) blood relationships of the whole or half blood, regardless of whether the
802801 394
803802 relationship is legally recognized;
804803 395
805804 (ii) relationships of parent and child by adoption; and
806805 396
807806 (iii) relationships of stepparent and stepchild while the marriage creating the
808807 397
809808 relationship of a stepparent and stepchild exists.
810809 398
811810 [(40)] (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
812811 399
813812 [(41)] (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
814813 400
815814 [(42)] (43) "Indigent defense service provider" means the same as that term is defined in
816815 401
817816 Section 78B-22-102.
818-- 12 - Enrolled Copy H.B. 283
819817 402
820818 [(43)] (44) "Indigent defense services" means the same as that term is defined in Section
821819 403
822820 78B-22-102.
823821 404
824822 [(44)] (45) "Indigent individual" means the same as that term is defined in Section
825823 405
826824 78B-22-102.
825+- 12 - 01-20 13:32 H.B. 283
827826 406
828827 [(45)] (46)(a) "Intake probation" means a minor is:
829828 407
830829 (i) monitored by a juvenile probation officer; and
831830 408
832831 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
833832 409
834833 (b) "Intake probation" does not include formal probation.
835834 410
836835 [(46)] (47) "Intellectual disability" means a significant subaverage general intellectual
837836 411
838837 functioning existing concurrently with deficits in adaptive behavior that constitutes a
839838 412
840839 substantial limitation to the individual's ability to function in society.
841840 413
842841 [(47)] (48) "Juvenile offender" means:
843842 414
844843 (a) a serious youth offender; or
845844 415
846845 (b) a youth offender.
847846 416
848847 [(48)] (49) "Juvenile probation officer" means a probation officer appointed under Section
849848 417
850849 78A-6-205.
851850 418
852851 [(49)] (50) "Juvenile receiving center" means a nonsecure, nonresidential program
853852 419
854853 established by the Division of Juvenile Justice and Youth Services, or under contract
855854 420
856855 with the Division of Juvenile Justice and Youth Services, that is responsible for minors
857856 421
858857 taken into temporary custody under Section 80-6-201.
859858 422
860859 [(50)] (51) "Legal custody" means a relationship embodying:
861860 423
862861 (a) the right to physical custody of the minor;
863862 424
864863 (b) the right and duty to protect, train, and discipline the minor;
865864 425
866865 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
867866 426
868867 medical care;
869868 427
870869 (d) the right to determine where and with whom the minor shall live; and
871870 428
872871 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
873872 429
874873 [(51)] (52) "Licensing Information System" means the Licensing Information System
875874 430
876875 maintained by the Division of Child and Family Services under Section 80-2-1002.
877876 431
878877 [(52)] (53) "Management Information System" means the Management Information System
879878 432
880879 developed by the Division of Child and Family Services under Section 80-2-1001.
881880 433
882881 [(53)] (54) "Mental illness" means:
883882 434
884883 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
885884 435
886885 behavioral, or related functioning; or
887-- 13 - H.B. 283 Enrolled Copy
888886 436
889887 (b) the same as that term is defined in:
890888 437
891889 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
892890 438
893891 published by the American Psychiatric Association; or
894892 439
895893 (ii) the current edition of the International Statistical Classification of Diseases and
894+- 13 - H.B. 283 01-20 13:32
896895 440
897896 Related Health Problems.
898897 441
899898 [(54)] (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
900899 442
901900 (a) a child; or
902901 443
903902 (b) an individual:
904903 444
905904 (i)(A) who is at least 18 years old and younger than 21 years old; and
906905 445
907906 (B) for whom the Division of Child and Family Services has been specifically
908907 446
909908 ordered by the juvenile court to provide services because the individual was an
910909 447
911910 abused, neglected, or dependent child or because the individual was
912911 448
913912 adjudicated for an offense;
914913 449
915914 (ii)(A) who is at least 18 years old and younger than 25 years old; and
916915 450
917916 (B) whose case is under the jurisdiction of the juvenile court in accordance with
918917 451
919918 Subsection 78A-6-103(1)(b); or
920919 452
921920 (iii)(A) who is at least 18 years old and younger than 21 years old; and
922921 453
923922 (B) whose case is under the jurisdiction of the juvenile court in accordance with
924923 454
925924 Subsection 78A-6-103(1)(c).
926925 455
927926 [(55)] (56) "Mobile crisis outreach team" means the same as that term is defined in Section
928927 456
929928 26B-5-101.
930929 457
931930 [(56)] (57) "Molestation" means that an individual, with the intent to arouse or gratify the
932931 458
933932 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of
934933 459
935934 any child, or the breast of a female child, or takes indecent liberties with a child as
936935 460
937936 defined in Section 76-5-401.1.
938937 461
939938 [(57)] (58)(a) "Natural parent" means, except as provided in Section 80-3-302, a minor's
940939 462
941940 biological or adoptive parent.
942941 463
943942 (b) "Natural parent" includes the minor's noncustodial parent.
944943 464
945944 [(58)] (59)(a) "Neglect" means action or inaction causing:
946945 465
947946 (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
948947 466
949948 Relinquishment of a Newborn Child;
950949 467
951950 (ii) lack of proper parental care of a child by reason of the fault or habits of the
952951 468
953952 parent, guardian, or custodian;
954953 469
955954 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or
956-- 14 - Enrolled Copy H.B. 283
957955 470
958956 necessary subsistence or medical care, or any other care necessary for the child's
959957 471
960958 health, safety, morals, or well-being;
961959 472
962960 (iv) a child to be at risk of being neglected or abused because another child in the
963961 473
964962 same home is neglected or abused;
963+- 14 - 01-20 13:32 H.B. 283
965964 474
966965 (v) abandonment of a child through an unregulated child custody transfer under
967966 475
968967 Section 78B-24-203; or
969968 476
970969 (vi) educational neglect.
971970 477
972971 (b) "Neglect" does not include:
973972 478
974973 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
975974 479
976975 reason, does not provide specified medical treatment for a child;
977976 480
978977 (ii) a health care decision made for a child by the child's parent or guardian, unless
979978 481
980979 the state or other party to a proceeding shows, by clear and convincing evidence,
981980 482
982981 that the health care decision is not reasonable and informed;
983982 483
984983 (iii) a parent or guardian exercising the right described in Section 80-3-304; or
985984 484
986985 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
987986 485
988987 maturity to avoid harm or unreasonable risk of harm, to engage in independent
989988 486
990989 activities, including:
991990 487
992991 (A) traveling to and from school, including by walking, running, or bicycling;
993992 488
994993 (B) traveling to and from nearby commercial or recreational facilities;
995994 489
996995 (C) engaging in outdoor play;
997996 490
998997 (D) remaining in a vehicle unattended, except under the conditions described in
999998 491
1000999 Subsection 76-10-2202(2);
10011000 492
10021001 (E) remaining at home unattended; or
10031002 493
10041003 (F) engaging in a similar independent activity.
10051004 494
10061005 [(59)] (60) "Neglected child" means a child who has been subjected to neglect.
10071006 495
10081007 [(60)] (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
10091008 496
10101009 probation officer, without an adjudication of the minor's case under Section 80-6-701,
10111010 497
10121011 upon the consent in writing of:
10131012 498
10141013 (a) the assigned juvenile probation officer; and
10151014 499
10161015 (b)(i) the minor; or
10171016 500
10181017 (ii) the minor and the minor's parent, guardian, or custodian.
10191018 501
10201019 [(61)] (62) "Not competent to proceed" means that a minor, due to a mental illness,
10211020 502
10221021 intellectual disability or related condition, or developmental immaturity, lacks the ability
10231022 503
10241023 to:
1025-- 15 - H.B. 283 Enrolled Copy
10261024 504
10271025 (a) understand the nature of the proceedings against the minor or of the potential
10281026 505
10291027 disposition for the offense charged; or
10301028 506
10311029 (b) consult with counsel and participate in the proceedings against the minor with a
10321030 507
10331031 reasonable degree of rational understanding.
1032+- 15 - H.B. 283 01-20 13:32
10341033 508
10351034 [(62)] (63) "Parole" means a conditional release of a juvenile offender from residency in
10361035 509
10371036 secure care to live outside of secure care under the supervision of the Division of
10381037 510
10391038 Juvenile Justice and Youth Services, or another person designated by the Division of
10401039 511
10411040 Juvenile Justice and Youth Services.
10421041 512
10431042 [(63)] (64) "Physical abuse" means abuse that results in physical injury or damage to a child.
10441043 513
10451044 [(64)] (65)(a) "Probation" means a legal status created by court order, following an
10461045 514
10471046 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
10481047 515
10491048 minor's home under prescribed conditions.
10501049 516
10511050 (b) "Probation" includes intake probation or formal probation.
10521051 517
10531052 [(65)] (66) "Prosecuting attorney" means:
10541053 518
10551054 (a) the attorney general and any assistant attorney general;
10561055 519
10571056 (b) any district attorney or deputy district attorney;
10581057 520
10591058 (c) any county attorney or assistant county attorney; and
10601059 521
10611060 (d) any other attorney authorized to commence an action on behalf of the state.
10621061 522
10631062 [(66)] (67) "Protective custody" means the shelter of a child by the Division of Child and
10641063 523
10651064 Family Services from the time the child is removed from the home until the earlier of:
10661065 524
10671066 (a) the day on which the shelter hearing is held under Section 80-3-301; or
10681067 525
10691068 (b) the day on which the child is returned home.
10701069 526
10711070 [(67)] (68) "Protective services" means expedited services that are provided:
10721071 527
10731072 (a) in response to evidence of neglect, abuse, or dependency of a child;
10741073 528
10751074 (b) to a cohabitant who is neglecting or abusing a child, in order to:
10761075 529
10771076 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
10781077 530
10791078 causes of neglect or abuse; and
10801079 531
10811080 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
10821081 532
10831082 (c) in cases where the child's welfare is endangered:
10841083 533
10851084 (i) to bring the situation to the attention of the appropriate juvenile court and law
10861085 534
10871086 enforcement agency;
10881087 535
10891088 (ii) to cause a protective order to be issued for the protection of the child, when
10901089 536
10911090 appropriate; and
10921091 537
10931092 (iii) to protect the child from the circumstances that endanger the child's welfare
1094-- 16 - Enrolled Copy H.B. 283
10951093 538
10961094 including, when appropriate:
10971095 539
10981096 (A) removal from the child's home;
10991097 540
11001098 (B) placement in substitute care; and
11011099 541
11021100 (C) petitioning the court for termination of parental rights.
1101+- 16 - 01-20 13:32 H.B. 283
11031102 542
11041103 [(68)] (69) "Protective supervision" means a legal status created by court order, following an
11051104 543
11061105 adjudication on the ground of abuse, neglect, or dependency, whereby:
11071106 544
11081107 (a) the minor is permitted to remain in the minor's home; and
11091108 545
11101109 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
11111110 546
11121111 by an agency designated by the juvenile court.
11131112 547
11141113 [(69)] (70)(a) "Related condition" means a condition that:
11151114 548
11161115 (i) is found to be closely related to intellectual disability;
11171116 549
11181117 (ii) results in impairment of general intellectual functioning or adaptive behavior
11191118 550
11201119 similar to that of an intellectually disabled individual;
11211120 551
11221121 (iii) is likely to continue indefinitely; and
11231122 552
11241123 (iv) constitutes a substantial limitation to the individual's ability to function in society.
11251124 553
11261125 (b) "Related condition" does not include mental illness, psychiatric impairment, or
11271126 554
11281127 serious emotional or behavioral disturbance.
11291128 555
11301129 [(70)] (71)(a) "Residual parental rights and duties" means the rights and duties remaining
11311130 556
11321131 with a parent after legal custody or guardianship, or both, have been vested in another
11331132 557
11341133 person or agency, including:
11351134 558
11361135 (i) the responsibility for support;
11371136 559
11381137 (ii) the right to consent to adoption;
11391138 560
11401139 (iii) the right to determine the child's religious affiliation; and
11411140 561
11421141 (iv) the right to reasonable parent-time unless restricted by the court.
11431142 562
11441143 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
11451144 563
11461145 right to consent to:
11471146 564
11481147 (i) marriage;
11491148 565
11501149 (ii) enlistment; and
11511150 566
11521151 (iii) major medical, surgical, or psychiatric treatment.
11531152 567
11541153 [(71)] (72) "Runaway" means a child, other than an emancipated child, who willfully leaves
11551154 568
11561155 the home of the child's parent or guardian, or the lawfully prescribed residence of the
11571156 569
11581157 child, without permission.
11591158 570
11601159 [(72)] (73) "Secure care" means placement of a minor, who is committed to the Division of
11611160 571
11621161 Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
1163-- 17 - H.B. 283 Enrolled Copy
11641162 572
11651163 contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
11661164 573
11671165 supervision and confinement of the minor.
11681166 574
11691167 [(73)] (74) "Secure care facility" means a facility, established in accordance with Section
11701168 575
11711169 80-5-503, for juvenile offenders in secure care.
1170+- 17 - H.B. 283 01-20 13:32
11721171 576
11731172 [(74)] (75) "Secure detention" means temporary care of a minor who requires secure custody
11741173 577
11751174 in a physically restricting facility operated by, or under contract with, the Division of
11761175 578
11771176 Juvenile Justice and Youth Services:
11781177 579
11791178 (a) before disposition of an offense that is alleged to have been committed by the minor;
11801179 580
11811180 or
11821181 581
11831182 (b) under Section 80-6-704.
11841183 582
11851184 [(75)] (76) "Serious youth offender" means an individual who:
11861185 583
11871186 (a) is at least 14 years old, but under 25 years old;
11881187 584
11891188 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
11901189 585
11911190 of the juvenile court was extended over the individual's case until the individual was
11921191 586
11931192 25 years old in accordance with Section 80-6-605; and
11941193 587
11951194 (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
11961195 588
11971196 Services for secure care under Sections 80-6-703 and 80-6-705.
11981197 589
11991198 [(76)] (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
12001199 590
12011200 child.
12021201 591
12031202 [(77)] (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to
12041203 592
12051204 a child.
12061205 593
12071206 [(78)] (79)(a) "Severe type of child abuse or neglect" means, except as provided in
12081207 594
12091208 Subsection [(78)(b)] (79)(b):
12101209 595
12111210 (i) if committed by an individual who is 18 years old or older:
12121211 596
12131212 (A) chronic abuse;
12141213 597
12151214 (B) severe abuse;
12161215 598
12171216 (C) sexual abuse;
12181217 599
12191218 (D) sexual exploitation;
12201219 600
12211220 (E) abandonment;
12221221 601
12231222 (F) chronic neglect; or
12241223 602
12251224 (G) severe neglect; or
12261225 603
12271226 (ii) if committed by an individual who is under 18 years old:
12281227 604
12291228 (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to
12301229 605
12311230 another child that indicates a significant risk to other children; or
1232-- 18 - Enrolled Copy H.B. 283
12331231 606
12341232 (B) sexual behavior with or upon another child that indicates a significant risk to
12351233 607
12361234 other children.
12371235 608
12381236 (b) "Severe type of child abuse or neglect" does not include:
12391237 609
12401238 (i) the use of reasonable and necessary physical restraint by an educator in
1239+- 18 - 01-20 13:32 H.B. 283
12411240 610
12421241 accordance with Subsection 53G-8-302(2) or Section 76-2-401;
12431242 611
12441243 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
12451244 612
12461245 use of reasonable and necessary physical restraint or force in self-defense or
12471246 613
12481247 otherwise appropriate to the circumstances to obtain possession of a weapon or
12491248 614
12501249 other dangerous object in the possession or under the control of a child or to
12511250 615
12521251 protect the child or another individual from physical injury; or
12531252 616
12541253 (iii) a health care decision made for a child by a child's parent or guardian, unless,
12551254 617
12561255 subject to Subsection [(78)(c)] (79)(c), the state or other party to the proceeding
12571256 618
12581257 shows, by clear and convincing evidence, that the health care decision is not
12591258 619
12601259 reasonable and informed.
12611260 620
12621261 (c) Subsection [(78)(b)(iii)] (79)(b)(iii) does not prohibit a parent or guardian from
12631262 621
12641263 exercising the right to obtain a second health care opinion.
12651264 622
12661265 [(79)] (80) "Sexual abuse" means:
12671266 623
12681267 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
12691268 624
12701269 adult directed towards a child;
12711270 625
12721271 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
12731272 626
12741273 committed by a child towards another child if:
12751274 627
12761275 (i) there is an indication of force or coercion;
12771276 628
12781277 (ii) the children are related, as described in Subsection [(39)] (40), including siblings
12791278 629
12801279 by marriage while the marriage exists or by adoption;
12811280 630
12821281 (iii) there have been repeated incidents of sexual contact between the two children,
12831282 631
12841283 unless the children are 14 years old or older; or
12851284 632
12861285 (iv) there is a disparity in chronological age of four or more years between the two
12871286 633
12881287 children;
12891288 634
12901289 (c) engaging in any conduct with a child that would constitute an offense under any of
12911290 635
12921291 the following, regardless of whether the individual who engages in the conduct is
12931292 636
12941293 actually charged with, or convicted of, the offense:
12951294 637
12961295 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
12971296 638
12981297 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
12991298 639
13001299 (ii) child bigamy, Section 76-7-101.5;
1301-- 19 - H.B. 283 Enrolled Copy
13021300 640
13031301 (iii) incest, Section 76-7-102;
13041302 641
13051303 (iv) lewdness, Section 76-9-702;
13061304 642
13071305 (v) sexual battery, Section 76-9-702.1;
13081306 643
13091307 (vi) lewdness involving a child, Section 76-9-702.5; or
1308+- 19 - H.B. 283 01-20 13:32
13101309 644
13111310 (vii) voyeurism, Section 76-9-702.7; or
13121311 645
13131312 (d) subjecting a child to participate in or threatening to subject a child to participate in a
13141313 646
13151314 sexual relationship, regardless of whether that sexual relationship is part of a legal or
13161315 647
13171316 cultural marriage.
13181317 648
13191318 [(80)] (81) "Sexual exploitation" means knowingly:
13201319 649
13211320 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
13221321 650
13231322 (i) pose in the nude for the purpose of sexual arousal of any individual; or
13241323 651
13251324 (ii) engage in any sexual or simulated sexual conduct for the purpose of
13261325 652
13271326 photographing, filming, recording, or displaying in any way the sexual or
13281327 653
13291328 simulated sexual conduct;
13301329 654
13311330 (b) displaying, distributing, possessing for the purpose of distribution, or selling material
13321331 655
13331332 depicting a child:
13341333 656
13351334 (i) in the nude, for the purpose of sexual arousal of any individual; or
13361335 657
13371336 (ii) engaging in sexual or simulated sexual conduct; or
13381337 658
13391338 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
13401339 659
13411340 sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
13421341 660
13431342 exploitation of a minor, regardless of whether the individual who engages in the
13441343 661
13451344 conduct is actually charged with, or convicted of, the offense.
13461345 662
13471346 [(81)] (82) "Shelter" means the temporary care of a child in a physically unrestricted facility
13481347 663
13491348 pending a disposition or transfer to another jurisdiction.
13501349 664
13511350 [(82)] (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
13521351 665
13531352 [(83)] (84) "Significant risk" means a risk of harm that is determined to be significant in
13541353 666
13551354 accordance with risk assessment tools and rules established by the Division of Child and
13561355 667
13571356 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
13581357 668
13591358 Rulemaking Act, that focus on:
13601359 669
13611360 (a) age;
13621361 670
13631362 (b) social factors;
13641363 671
13651364 (c) emotional factors;
13661365 672
13671366 (d) sexual factors;
13681367 673
13691368 (e) intellectual factors;
1370-- 20 - Enrolled Copy H.B. 283
13711369 674
13721370 (f) family risk factors; and
13731371 675
13741372 (g) other related considerations.
13751373 676
13761374 [(84)] (85) "Single criminal episode" means the same as that term is defined in Section
13771375 677
13781376 76-1-401.
1377+- 20 - 01-20 13:32 H.B. 283
13791378 678
13801379 [(85)] (86) "Status offense" means an offense that would not be an offense but for the age of
13811380 679
13821381 the offender.
13831382 680
13841383 [(86)] (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
13851384 681
13861385 excessive use of alcohol or other drugs or substances.
13871386 682
13881387 [(87)] (88) "Substantiated" or "substantiation" means a judicial finding based on a
13891388 683
13901389 preponderance of the evidence, and separate consideration of each allegation made or
13911390 684
13921391 identified in the case, that abuse, neglect, or dependency occurred .
13931392 685
13941393 [(88)] (89) "Substitute care" means:
13951394 686
13961395 (a) the placement of a minor in a family home, group care facility, or other placement
13971396 687
13981397 outside the minor's own home, either at the request of a parent or other responsible
13991398 688
14001399 relative, or upon court order, when it is determined that continuation of care in the
14011400 689
14021401 minor's own home would be contrary to the minor's welfare;
14031402 690
14041403 (b) services provided for a minor in the protective custody of the Division of Child and
14051404 691
14061405 Family Services, or a minor in the temporary custody or custody of the Division of
14071406 692
14081407 Child and Family Services, as those terms are defined in Section 80-2-102; or
14091408 693
14101409 (c) the licensing and supervision of a substitute care facility.
14111410 694
14121411 [(89)] (90) "Supported" means a finding by the Division of Child and Family Services based
14131412 695
14141413 on the evidence available at the completion of an investigation, and separate
14151414 696
14161415 consideration of each allegation made or identified during the investigation, that there is
14171416 697
14181417 a reasonable basis to conclude that abuse, neglect, or dependency occurred.
14191418 698
14201419 [(90)] (91) "Termination of parental rights" means the permanent elimination of all parental
14211420 699
14221421 rights and duties, including residual parental rights and duties, by court order.
14231422 700
14241423 [(91)] (92) "Therapist" means:
14251424 701
14261425 (a) an individual employed by a state division or agency for the purpose of conducting
14271426 702
14281427 psychological treatment and counseling of a minor in the division's or agency's
14291428 703
14301429 custody; or
14311430 704
14321431 (b) any other individual licensed or approved by the state for the purpose of conducting
14331432 705
14341433 psychological treatment and counseling.
14351434 706
14361435 [(92)] (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
14371436 707
14381437 that the child is at an unreasonable risk of harm or neglect.
1439-- 21 - H.B. 283 Enrolled Copy
14401438 708
14411439 [(93)] (94) "Ungovernable" means a child in conflict with a parent or guardian, and the
14421440 709
14431441 conflict:
14441442 710
14451443 (a) results in behavior that is beyond the control or ability of the child, or the parent or
14461444 711
14471445 guardian, to manage effectively;
1446+- 21 - H.B. 283 01-20 13:32
14481447 712
14491448 (b) poses a threat to the safety or well-being of the child, the child's family, or others; or
14501449 713
14511450 (c) results in the situations described in Subsections [(93)(a)] (94)(a) and (b).
14521451 714
14531452 [(94)] (95) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
14541453 715
14551454 conclude that abuse, neglect, or dependency occurred.
14561455 716
14571456 [(95)] (96) "Unsupported" means a finding by the Division of Child and Family Services at
14581457 717
14591458 the completion of an investigation, after the day on which the Division of Child and
14601459 718
14611460 Family Services concludes the alleged abuse, neglect, or dependency is not without
14621461 719
14631462 merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency
14641463 720
14651464 occurred.
14661465 721
14671466 [(96)] (97) "Validated risk and needs assessment" means an evidence-based tool that
14681467 722
14691468 assesses a minor's risk of reoffending and a minor's criminogenic needs.
14701469 723
14711470 [(97)] (98) "Without merit" means a finding at the completion of an investigation by the
14721471 724
14731472 Division of Child and Family Services, or a judicial finding, that the alleged abuse,
14741473 725
14751474 neglect, or dependency did not occur, or that the alleged perpetrator was not responsible
14761475 726
14771476 for the abuse, neglect, or dependency.
14781477 727
14791478 [(98)] (99) "Youth offender" means an individual who is:
14801479 728
14811480 (a) at least 12 years old, but under 21 years old; and
14821481 729
14831482 (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
14841483 730
14851484 Services for secure care under Sections 80-6-703 and 80-6-705.
14861485 731
14871486 Section 4. Section 80-2-102 is amended to read:
14881487 732
14891488 80-2-102 . Definitions.
14901489 733
14911490 As used in this chapter:
14921491 734
14931492 (1) "Consult" means an interaction between two persons in which the initiating person:
14941493 735
14951494 (a) provides information to another person;
14961495 736
14971496 (b) provides the other person an opportunity to respond; and
14981497 737
14991498 (c) takes the other person's response, if any, into consideration.
15001499 738
15011500 (2) "Consumer" means a person who receives services offered by the division in accordance
15021501 739
15031502 with this chapter.
15041503 740
15051504 (3) "Council" means the Child Welfare Improvement Council created in Section 80-2-1101.
15061505 741
15071506 (4) "Custody," with regard to the division, means the custody of a minor in the division as
1508-- 22 - Enrolled Copy H.B. 283
15091507 742
15101508 of the date of disposition.
15111509 743
15121510 (5) "Day-care services" means care of a child for a portion of the day which is less than 24
15131511 744
15141512 hours:
15151513 745
15161514 (a) in the child's own home by a responsible individual; or
1515+- 22 - 01-20 13:32 H.B. 283
15171516 746
15181517 (b) outside of the child's home in a:
15191518 747
15201519 (i) day-care center;
15211520 748
15221521 (ii) family group home; or
15231522 749
15241523 (iii) family child care home.
15251524 750
15261525 (6) "Director" means the director of the division appointed under Section 80-2-202.
15271526 751
15281527 (7) "Division" means the Division of Child and Family Services created in Section 80-2-201.
15291528 752
15301529 (8) "Domestic violence" means the same as that term is defined in Section 77-36-1.
15311530 753
15321531 (9) "Domestic violence services" means:
15331532 754
15341533 (a) temporary shelter, treatment, and related services provided to:
15351534 755
15361535 (i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and
15371536 756
15381537 (ii) the dependent children of an individual who is a victim of abuse, as defined in
15391538 757
15401539 Section 78B-7-102; and
15411540 758
15421541 (b) treatment services for an individual who is alleged to have committed, has been
15431542 759
15441543 convicted of, or has pled guilty to domestic violence.
15451544 760
15461545 (10) "Homemaking services" means the care of an individual in the individual's domicile,
15471546 761
15481547 and help given to an individual caretaker relative to achieve improved household and
15491548 762
15501549 family management through the services of a trained homemaker.
15511550 763
15521551 (11) "Hormonal transgender treatment" means the same as that term is defined in Section
15531552 764
15541553 58-1-603.
15551554 765
15561555 (12) "Mutual case" means a case that is:
15571556 766
15581557 (a) opened by the division under the division's discretion and procedures;
15591558 767
15601559 (b) opened by the law enforcement agency with jurisdiction over the case; and
15611560 768
15621561 (c) accepted for investigation by a child protection team, as applicable.
15631562 769
15641563 [(12)] (13)(a) "Person responsible for the child's care" means the child's parent, guardian,
15651564 770
15661565 or other person responsible for the child's care.
15671566 771
15681567 (b) "Person responsible for the child's care" includes a person responsible for the child's
15691568 772
15701569 care in the same home as the child, a relative's home, a group, family, or day care
15711570 773
15721571 facility, a foster care home, or a residential institution.
15731572 774
15741573 [(13)] (14) "Primary sex characteristic surgical procedure" means the same as that term is
15751574 775
15761575 defined in Section 58-67-102.
1577-- 23 - H.B. 283 Enrolled Copy
15781576 776
15791577 (15) "Secondary sex characteristic surgical procedure" means the same as that term is
15801578 777
15811579 defined in Section 58-67-102.
15821580 778
15831581 (16) "Shelter care" means the temporary care of a minor in a nonsecure facility.
15841582 779
15851583 [(14)] (17) "Sibling" means a child who shares or has shared at least one parent in common
1584+- 23 - H.B. 283 01-20 13:32
15861585 780
15871586 either by blood or adoption.
15881587 781
15891588 [(15)] (18) "Sibling visitation" means services provided by the division to facilitate the
15901589 782
15911590 interaction between a child in division custody with the child's sibling.
15921591 783
15931592 [(16)] (19)(a) "Subject of the report" means a person reported under Part 6, Child Abuse
15941593 784
15951594 and Neglect Reports.
15961595 785
15971596 (b) "Subject of the report" includes the child who is the alleged victim of the report and
15981597 786
15991598 the person responsible for the child's care.
16001599 787
16011600 [(17)] (20) "Temporary custody" means, with regard to the division, the custody of a child
16021601 788
16031602 from the day on which the shelter hearing described in Section 80-3-301 is held until the
16041603 789
16051604 day on which the juvenile court enters a disposition under Section 80-3-405.
16061605 790
16071606 [(18)] (21) "Transportation services" means travel assistance given to an individual with
16081607 791
16091608 escort service, if necessary, to and from community facilities and resources as part of a
16101609 792
16111610 service plan.
16121611 793
16131612 Section 5. Section 80-2-309 is enacted to read:
16141613 794
16151614 80-2-309 . Orientation and identity.
16161615 795
16171616 (1) As used in this section:
16181617 796
16191618 (a)(i) "Custodian" means an individual who has legal custody of a child.
16201619 797
16211620 (ii) "Custodian" does not include the division.
16221621 798
16231622 (b)(i) "Guardian" means an individual who has qualified as a guardian of a child
16241623 799
16251624 pursuant to testamentary or court appointment, or by written instrument as
16261625 800
16271626 provided in Section 75-5-202.5.
16281627 801
16291628 (ii) "Guardian" does not include a guardian ad litem.
16301629 802
16311630 (2)(a) For a child in the protective custody, temporary custody, or custody of the
16321631 803
16331632 division:
16341633 804
16351634 (i) subject to Subsection (2)(b), the division may not withhold or conceal information
16361635 805
16371636 related to a child's asserted gender identity or sexual orientation from the child's
16381637 806
16391638 parent, guardian, or custodian;
16401639 807
16411640 (ii) without consent from the child's parent, guardian, or custodian, the division may
16421641 808
16431642 not refer to the child in division records in a way that is contrary to the child's
16441643 809
16451644 biological sex;
1646-- 24 - Enrolled Copy H.B. 283
16471645 810
16481646 (iii) the division may not initiate hormonal transgender treatment, a primary sex
16491647 811
16501648 characteristic surgical procedure, or a secondary sex characteristic surgical
16511649 812
16521650 procedure for the child; and
16531651 813
16541652 (iv) if a foster parent expresses discomfort with caring for a child based on the child's
1653+- 24 - 01-20 13:32 H.B. 283
16551654 814
16561655 asserted gender identity or sexual orientation, the division may not place the child
16571656 815
16581657 with that foster parent and may not discriminate or take other adverse action
16591658 816
16601659 against the foster parent solely on that basis.
16611660 817
16621661 (b) If a child discloses to the division information regarding the child's asserted gender
16631662 818
16641663 identity or sexual orientation, and the child wants the information to remain private,
16651664 819
16661665 the division shall develop a plan in cooperation with the child's therapist or counselor
16671666 820
16681667 that:
16691668 821
16701669 (i) allows the division to comply with the requirements described in Subsection
16711670 822
16721671 (2)(a)(i);
16731672 823
16741673 (ii) will not result in harm, as that term is defined in Section 80-1-102, to the child;
16751674 824
16761675 and
16771676 825
16781677 (iii) is in compliance with all applicable privacy laws.
16791678 826
16801679 Section 6. Section 80-2-402 is amended to read:
16811680 827
16821681 80-2-402 . Child welfare training coordinator -- Mandatory education and
16831682 828
16841683 training of child welfare caseworkers -- Development of curriculum.
16851684 829
16861685 (1) There is created within the division a full-time position of a child welfare training
16871686 830
16881687 coordinator.
16891688 831
16901689 (2) The child welfare training coordinator is not responsible for direct casework services or
16911690 832
16921691 the supervision of casework services, but is required to:
16931692 833
16941693 (a) develop child welfare curriculum that:
16951694 834
16961695 (i) is current and effective, consistent with the division's mission and purpose for
16971696 835
16981697 child welfare; and
16991698 836
17001699 (ii) utilizes curriculum and resources from a variety of sources including those from:
17011700 837
17021701 (A) the public sector;
17031702 838
17041703 (B) the private sector; and
17051704 839
17061705 (C) inside and outside of the state;
17071706 840
17081707 (b) recruit, select, and supervise child welfare trainers;
17091708 841
17101709 (c) develop a statewide training program, including a budget and identification of
17111710 842
17121711 sources of funding to support that training;
17131712 843
17141713 (d) evaluate the efficacy of training in improving job performance;
1715-- 25 - H.B. 283 Enrolled Copy
17161714 844
17171715 (e) assist child protective services and foster care workers in developing and fulfilling
17181716 845
17191717 their individual training plans;
17201718 846
17211719 (f) monitor staff compliance with division training requirements and individual training
17221720 847
17231721 plans; and
1722+- 25 - H.B. 283 01-20 13:32
17241723 848
17251724 (g) expand the collaboration between the division and schools of social work within
17261725 849
17271726 institutions of higher education in developing child welfare services curriculum, and
17281727 850
17291728 in providing and evaluating training.
17301729 851
17311730 (3) The director shall, with the assistance of the child welfare training coordinator, establish
17321731 852
17331732 and ensure child welfare caseworker competency regarding a core curriculum for child
17341733 853
17351734 welfare services that:
17361735 854
17371736 (a) is driven by child safety and family well-being;
17381737 855
17391738 (b) emphasizes child and family voice;
17401739 856
17411740 (c) is based on a policy, procedure, program, or practice that demonstrates an ability to
17421741 857
17431742 minimize retraumatization associated with the criminal and juvenile justice system;
17441743 858
17451744 and
17461745 859
17471746 (d) is consistent with national child welfare practice standards.
17481747 860
17491748 (4) A child welfare caseworker shall complete training in:
17501749 861
17511750 (a) the legal duties of a child welfare caseworker;
17521751 862
17531752 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
17541753 863
17551754 of children, parents, and families at all stages of a case, including:
17561755 864
17571756 (i) initial contact;
17581757 865
17591758 (ii) safety and risk assessment, as described in Section 80-2-403; and
17601759 866
17611760 (iii) intervention;
17621761 867
17631762 (c) recognizing situations involving:
17641763 868
17651764 (i) substance abuse;
17661765 869
17671766 (ii) domestic violence;
17681767 870
17691768 (iii) abuse; and
17701769 871
17711770 (iv) neglect; and
17721771 872
17731772 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of the
17741773 873
17751774 United States to the child welfare caseworker's job, including:
17761775 874
17771776 (i) search and seizure of evidence;
17781777 875
17791778 (ii) the warrant requirement;
17801779 876
17811780 (iii) exceptions to the warrant requirement; and
17821781 877
17831782 (iv) removing a child from the custody of the child's parent or guardian.
1784-- 26 - Enrolled Copy H.B. 283
17851783 878
17861784 (5) The division shall train the division's child welfare caseworkers to:
17871785 879
17881786 (a) apply the risk assessment tools and rules described in Subsection [80-1-102(83)]
17891787 880
17901788 80-1-102(84); and
17911789 881
17921790 (b) develop child and family plans that comply with:
1791+- 26 - 01-20 13:32 H.B. 283
17931792 882
17941793 (i) federal mandates; and
17951794 883
17961795 (ii) the specific needs of the child and the child's family.
17971796 884
17981797 (6) The division shall use the training of child welfare caseworkers to emphasize:
17991798 885
18001799 (a) the importance of maintaining the parent-child relationship;
18011800 886
18021801 (b) the preference for providing in-home services over taking a child into protective
18031802 887
18041803 custody, both for the emotional well-being of the child and the efficient allocation of
18051804 888
18061805 resources; and
18071806 889
18081807 (c) the importance and priority of:
18091808 890
18101809 (i) kinship placement in the event a child must be taken into protective custody; and
18111810 891
18121811 (ii) guardianship placement, in the event the parent-child relationship is legally
18131812 892
18141813 terminated and no appropriate adoptive placement is available.
18151814 893
18161815 (7) If a child welfare caseworker is hired, before assuming independent casework
18171816 894
18181817 responsibilities, the division shall ensure that the child welfare caseworker has:
18191818 895
18201819 (a) completed the training described in Subsections (4), (5), and (6); and
18211820 896
18221821 (b) participated in sufficient skills development for a child welfare caseworker.
18231822 897
18241823 Section 7. Section 80-2-1005 is amended to read:
18251824 898
18261825 80-2-1005 . Classification of reports of alleged abuse or neglect -- Confidential
18271826 899
18281827 identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful
18291828 900
18301829 release and use -- Penalty.
18311830 901
18321831 (1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective
18331832 902
18341833 Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and
18351834 903
18361835 any other information in the possession of the division obtained as a result of the report
18371836 904
18381837 is a private, protected, or controlled record under Title 63G, Chapter 2, Government
18391838 905
18401839 Records Access and Management Act, and may only be made available to:
18411840 906
18421841 (a) a police or law enforcement agency investigating a report of known or suspected
18431842 907
18441843 abuse or neglect, including members of a child protection team;
18451844 908
18461845 (b) a physician who reasonably believes that a child may be the subject of abuse or
18471846 909
18481847 neglect;
18491848 910
18501849 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
18511850 911
18521851 who is the subject of a report;
1853-- 27 - H.B. 283 Enrolled Copy
18541852 912
18551853 (d) a contract provider that has a written contract with the division to render services to a
18561854 913
18571855 minor who is the subject of a report;
18581856 914
18591857 (e) the subject of the report, the natural parents of the child, an adoptive parent of the
18601858 915
18611859 child, an individual who has been awarded permanent custody and guardianship of
1860+- 27 - H.B. 283 01-20 13:32
18621861 916
18631862 the child, and the guardian ad litem;
18641863 917
18651864 (f) a court, upon a finding that access to the records may be necessary for the
18661865 918
18671866 determination of an issue before the court, provided that in a divorce, custody, or
18681867 919
18691868 related proceeding between private parties, the record alone is:
18701869 920
18711870 (i) limited to objective or undisputed facts that were verified at the time of the
18721871 921
18731872 investigation; and
18741873 922
18751874 (ii) devoid of conclusions drawn by the division or any of the division's workers on
18761875 923
18771876 the ultimate issue of whether or not an individual's acts or omissions constituted
18781877 924
18791878 any level of abuse or neglect of another individual;
18801879 925
18811880 (g) an office of the public prosecutor or the public prosecutor's deputies in performing an
18821881 926
18831882 official duty;
18841883 927
18851884 (h) a person authorized by a Children's Justice Center, for the purposes described in
18861885 928
18871886 Section 67-5b-102;
18881887 929
18891888 (i) a person engaged in bona fide research, when approved by the director of the
18901889 930
18911890 division, if the information does not include names and addresses;
18921891 931
18931892 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
18941893 932
18951894 education agency, as defined in Section 63J-5-102, for the purpose of evaluating
18961895 933
18971896 whether an individual should be permitted to obtain or retain a license as an educator
18981897 934
18991898 or serve as an employee or volunteer in a school, limited to information with
19001899 935
19011900 substantiated or supported findings involving an alleged sexual offense, an alleged
19021901 936
19031902 felony or class A misdemeanor drug offense, or any alleged offense against the
19041903 937
19051904 person under Title 76, Chapter 5, Offenses Against the Individual, and with the
19061905 938
19071906 understanding that the office must provide the subject of a report received under
19081907 939
19091908 Subsection (1)(k) with an opportunity to respond to the report before making a
19101909 940
19111910 decision concerning licensure or employment;
19121911 941
19131912 (k) any individual identified in the report as a perpetrator or possible perpetrator of
19141913 942
19151914 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
19161915 943
19171916 (l) a person filing a petition for a child protective order on behalf of a child who is the
19181917 944
19191918 subject of the report;
19201919 945
19211920 (m) a licensed child-placing agency or person who is performing a preplacement
1922-- 28 - Enrolled Copy H.B. 283
19231921 946
19241922 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
19251923 947
19261924 78B-6-130;
19271925 948
19281926 (n) an Indian tribe to:
19291927 949
19301928 (i) certify or license a foster home;
1929+- 28 - 01-20 13:32 H.B. 283
19311930 950
19321931 (ii) render services to a subject of a report; or
19331932 951
19341933 (iii) investigate an allegation of abuse, neglect, or dependency; or
19351934 952
19361935 (o) the department or a local substance abuse authority, described in Section 17-43-201,
19371936 953
19381937 for the purpose of providing substance abuse treatment to a pregnant woman or a
19391938 954
19401939 parent of a newborn child, or the services described in Subsection [26B-5-211(2)(p)]
19411940 955
19421941 26B-5-102(2)(p).
19431942 956
19441943 (2) In accordance with Section 80-2-608 and except as provided in Section 80-2-611, the
19451944 957
19461945 division and a law enforcement agency shall ensure the anonymity of the person who
19471946 958
19481947 makes the initial report under Part 6, Child Abuse and Neglect Reports, and any other
19491948 959
19501949 person involved in the division's or law enforcement agency's subsequent investigation
19511950 960
19521951 of the report.
19531952 961
19541953 (3) Notwithstanding any other provision of law, excluding Section 80-3-107, but including
19551954 962
19561955 this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G,
19571956 963
19581957 Chapter 2, Government Records Access and Management Act, if the division makes a
19591958 964
19601959 report or other information in the division's possession available under Subsection (1)(e)
19611960 965
19621961 to a subject of the report or a parent of a child, the division shall remove from the report
19631962 966
19641963 or other information only the names, addresses, and telephone numbers of individuals or
19651964 967
19661965 specific information that could:
19671966 968
19681967 (a) identify the referent;
19691968 969
19701969 (b) impede a criminal investigation; or
19711970 970
19721971 (c) endanger an individual's safety.
19731972 971
19741973 (4) A child-placing agency or person who receives a report from the division under
19751974 972
19761975 Subsection (1)(m) may provide the report to:
19771976 973
19781977 (a) the subject of the report;
19791978 974
19801979 (b) a person who is performing a preplacement adoptive evaluation in accordance with
19811980 975
19821981 Sections 78B-6-128 and 78B-6-130;
19831982 976
19841983 (c) to a licensed child-placing agency; or
19851984 977
19861985 (d) an attorney seeking to facilitate an adoption.
19871986 978
19881987 (5) A member of a child protection team may, before the day on which the child is
19891988 979
19901989 removed, share case-specific information obtained from the division under this section
1991-- 29 - H.B. 283 Enrolled Copy
19921990 980
19931991 with other members of the child protection team.
19941992 981
19951993 (6)(a) Except as provided in Subsection (6)(b), in a divorce, custody, or related
19961994 982
19971995 proceeding between private parties, a court may not receive into evidence a report
19981996 983
19991997 that:
1998+- 29 - H.B. 283 01-20 13:32
20001999 984
20012000 (i) is provided to the court:
20022001 985
20032002 (A) under Subsection (1)(f); or
20042003 986
20052004 (B) by a parent of the child after the record is made available to the parent under
20062005 987
20072006 Subsection (1)(e);
20082007 988
20092008 (ii) describes a parent of the child as the alleged perpetrator; and
20102009 989
20112010 (iii) is found to be unsubstantiated, unsupported, or without merit.
20122011 990
20132012 (b)(i) After a motion to admit the report described in Subsection (6)(a) is made, the
20142013 991
20152014 court shall allow sufficient time for all subjects of the record to respond before
20162015 992
20172016 making a finding on the motion.
20182017 993
20192018 (ii) After considering the motion described in Subsection (6)(b)(i), the court may
20202019 994
20212020 receive the report into evidence upon a finding on the record of good cause.
20222021 995
20232022 (7)(a) A person may not:
20242023 996
20252024 (i) willfully permit, or aid and abet, the release of data or information in the
20262025 997
20272026 possession of the division or contained in the Management Information System in
20282027 998
20292028 violation of this part or Part 6, Child Abuse and Neglect Reports; or
20302029 999
20312030 (ii) if the person is not listed in Subsection (1), request another person to obtain or
20322031 1000
20332032 release a report or other information that the other person obtained under
20342033 1001
20352034 Subsection (1)(k) to screen for potential perpetrators of abuse or neglect.
20362035 1002
20372036 (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii) knowing
20382037 1003
20392038 the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C
20402039 1004
20412040 misdemeanor.
20422041 1005
20432042 Section 8. Section 80-2a-201 is amended to read:
20442043 1006
20452044 80-2a-201 . Rights of parents -- Children's rights -- Interest and responsibility of
20462045 1007
20472046 state.
20482047 1008
20492048 (1)(a) Under both the United States Constitution and the constitution of this state, a
20502049 1009
20512050 parent possesses a fundamental liberty interest in the care, custody, and management
20522051 1010
20532052 of the parent's children. A fundamentally fair process must be provided to parents if
20542053 1011
20552054 the state moves to challenge or interfere with parental rights. A governmental entity
20562055 1012
20572056 must support any actions or allegations made in opposition to the rights and desires
20582057 1013
20592058 of a parent regarding the parent's child by sufficient evidence to satisfy a parent's
2060-- 30 - Enrolled Copy H.B. 283
20612059 1014
20622060 constitutional entitlement to heightened protection against government interference
20632061 1015
20642062 with the parent's fundamental rights and liberty interests and, concomitantly, the right
20652063 1016
20662064 of the child to be reared by the child's natural parent.
20672065 1017
20682066 (b) The fundamental liberty interest of a parent concerning the care, custody, and
2067+- 30 - 01-20 13:32 H.B. 283
20692068 1018
20702069 management of the parent's child is recognized, protected, and does not cease to exist
20712070 1019
20722071 simply because a parent may fail to be a model parent or because the parent's child is
20732072 1020
20742073 placed in the temporary custody of the state. At all times, a parent retains a vital
20752074 1021
20762075 interest in preventing the irretrievable destruction of family life. Before an
20772076 1022
20782077 adjudication of unfitness, government action in relation to a parent and the parent's
20792078 1023
20802079 child may not exceed the least restrictive means or alternatives available to
20812080 1024
20822081 accomplish a compelling state interest. Until the state proves parental unfitness, and
20832082 1025
20842083 the child suffers, or is substantially likely to suffer, serious detriment as a result, the
20852084 1026
20862085 child and the child's parent share a vital interest in preventing erroneous termination
20872086 1027
20882087 of their natural relationship and the state cannot presume that a child and the child's
20892088 1028
20902089 parent are adversaries.
20912090 1029
20922091 (c) It is in the best interest and welfare of a child to be raised under the care and
20932092 1030
20942093 supervision of the child's natural parents. A child's need for a normal family life in a
20952094 1031
20962095 permanent home, and for positive, nurturing family relationships is usually best met
20972096 1032
20982097 by the child's natural parents. Additionally, the integrity of the family unit and the
20992098 1033
21002099 right of a parent to conceive and raise the parent's child are constitutionally protected.
21012100 1034
21022101 The right of a fit, competent parent to raise the parent's child without undue
21032102 1035
21042103 government interference is a fundamental liberty interest that has long been protected
21052104 1036
21062105 by the laws and Constitution and is a fundamental public policy of this state.
21072106 1037
21082107 (d) The state recognizes that:
21092108 1038
21102109 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
21112110 1039
21122111 train, educate, provide and care for, and reasonably discipline the parent's child;
21132112 1040
21142113 and
21152114 1041
21162115 (ii) the state's role is secondary and supportive to the primary role of a parent.
21172116 1042
21182117 (e) It is the public policy of this state that:
21192118 1043
21202119 (i) a parent retains the fundamental right and duty to exercise primary control over
21212120 1044
21222121 the care, supervision, upbringing, and education of the parent's child;
21232122 1045
21242123 (ii) a parent retains the right to have contact with the parent's child when the child is
21252124 1046
21262125 placed outside of the parent's home, and parent-time should be ordered by a court
21272126 1047
21282127 so long as the contact is not contrary to the best interest of the child; and
2129-- 31 - H.B. 283 Enrolled Copy
21302128 1048
21312129 (iii) a child has the right to have contact with the child's sibling when the child is
21322130 1049
21332131 placed outside of the home and apart from the child's sibling, and sibling visits
21342132 1050
21352133 should be ordered by a court unless the contact would be contrary to the safety or
21362134 1051
21372135 well-being of the child.
2136+- 31 - H.B. 283 01-20 13:32
21382137 1052
21392138 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
21402139 1053
21412140 Subsection (1).
21422141 1054
21432142 (2) It is also the public policy of this state that children have the right to protection from
21442143 1055
21452144 abuse and neglect, and that the state retains a compelling interest in investigating,
21462145 1056
21472146 prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has
21482147 1057
21492148 an interest in and responsibility to protect a child whose parent abuses the child or does
21502149 1058
21512150 not adequately provide for the child's welfare. There may be circumstances where a
21522151 1059
21532152 parent's conduct or condition is a substantial departure from the norm and the parent is
21542153 1060
21552154 unable or unwilling to render safe and proper parental care and protection. Under those
21562155 1061
21572156 circumstances, the state may take action for the welfare and protection of the parent's
21582157 1062
21592158 child.
21602159 1063
21612160 (3) When the division intervenes on behalf of an abused, neglected, or dependent child, the
21622161 1064
21632162 division shall take into account the child's need for protection from immediate harm and
21642163 1065
21652164 the extent to which the child's extended family may provide needed protection.
21662165 1066
21672166 Throughout the division's involvement, the division shall utilize the least intrusive and
21682167 1067
21692168 least restrictive means available to protect a child, in an effort to ensure that children are
21702169 1068
21712170 brought up in stable, permanent families, rather than in temporary foster placements
21722171 1069
21732172 under the supervision of the state.
21742173 1070
21752174 (4) If circumstances within the family pose a threat to the child's immediate safety or
21762175 1071
21772176 welfare, the division may seek custody of the child for a planned, temporary period and
21782177 1072
21792178 place the child in a safe environment, subject to the requirements of this section and in
21802179 1073
21812180 accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when
21822181 1074
21832182 safe and appropriate, return the child to the child's parent or as a last resort, pursue
21842183 1075
21852184 another permanency plan.
21862185 1076
21872186 (5) In determining and making reasonable efforts with regard to a child, under Section
21882187 1077
21892188 80-2a-302, both the division's and the juvenile court's paramount concern shall be the
21902189 1078
21912190 child's health, safety, and welfare. The desires of a parent for the parent's child, and the
21922191 1079
21932192 constitutionally protected rights of a parent, as described in this section, shall be given
21942193 1080
21952194 full and serious consideration by the division and the juvenile court.
21962195 1081
21972196 (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where sexual
2198-- 32 - Enrolled Copy H.B. 283
21992197 1082
22002198 abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved,
22012199 1083
22022200 the state has no duty to make reasonable efforts or to, in any other way, attempt to
22032201 1084
22042202 maintain a child in the child's home, provide reunification services, or rehabilitate the
22052203 1085
22062204 offending parent or parents. This Subsection (6) does not exempt the division from
2205+- 32 - 01-20 13:32 H.B. 283
22072206 1086
22082207 providing court-ordered services.
22092208 1087
22102209 (7)(a) In accordance with Subsection (1), the division shall strive to achieve appropriate
22112210 1088
22122211 permanency for children who are abused, neglected, or dependent. The division shall
22132212 1089
22142213 provide in-home services, if appropriate and safe, in an effort to help a parent to
22152214 1090
22162215 correct the behavior that resulted in abuse, neglect, or dependency of the parent's
22172216 1091
22182217 child. The division may pursue a foster placement only if in-home services fail or are
22192218 1092
22202219 otherwise insufficient or inappropriate, kinship placement is not safe or appropriate,
22212220 1093
22222221 or in-home services and kinship placement fail and cannot be corrected. The division
22232222 1094
22242223 shall also seek qualified extended family support or a kinship placement to maintain a
22252224 1095
22262225 sense of security and stability for the child.
22272226 1096
22282227 (b) If the use or continuation of reasonable efforts, as described in Subsections (5) and
22292228 1097
22302229 (6), is determined to be inconsistent with the permanency plan for a child, then
22312230 1098
22322231 measures shall be taken, in a timely manner, to place the child in accordance with the
22332232 1099
22342233 permanency plan, and to complete whatever steps are necessary to finalize the
22352234 1100
22362235 permanent placement of the child.
22372236 1101
22382237 (c) Subject to the parental rights recognized and protected under this section, if, because
22392238 1102
22402239 of a parent's conduct or condition, the parent is determined to be unfit or incompetent
22412240 1103
22422241 based on the grounds for termination of parental rights described in Chapter 4,
22432242 1104
22442243 Termination and Restoration of Parental Rights, the continuing welfare and best
22452244 1105
22462245 interest of the child is of paramount importance, and shall be protected in
22472246 1106
22482247 determining whether that parent's rights should be terminated.
22492248 1107
22502249 (8) The state's right to direct or intervene in the provision of medical or mental health care
22512250 1108
22522251 for a child is subject to Subsections [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) through (iii)
22532252 1109
22542253 and Sections 80-3-109 and 80-3-304.
22552254 1110
22562255 Section 9. Section 80-2a-202 is amended to read:
22572256 1111
22582257 80-2a-202 . Removal of a child by a peace officer or child welfare caseworker --
22592258 1112
22602259 Search warrants -- Protective custody and temporary care of a child.
22612260 1113
22622261 (1) A peace officer or child welfare caseworker may remove a child or take a child into
22632262 1114
22642263 protective custody, temporary custody, or custody in accordance with this section.
22652264 1115
22662265 (2)(a) Except as provided in Subsection (2)(b), a peace officer or a child welfare
2267-- 33 - H.B. 283 Enrolled Copy
22682266 1116
22692267 caseworker may not enter the home of a child whose case is not under the jurisdiction
22702268 1117
22712269 of the juvenile court, remove a child from the child's home or school, or take a child
22722270 1118
22732271 into protective custody unless:
22742272 1119
22752273 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child
2274+- 33 - H.B. 283 01-20 13:32
22762275 1120
22772276 welfare caseworker of the requirement to obtain a search warrant under
22782277 1121
22792278 Subsection (3);
22802279 1122
22812280 (ii) the peace officer or child welfare caseworker obtains a search warrant under
22822281 1123
22832282 Subsection (3);
22842283 1124
22852284 (iii) the peace officer or child welfare caseworker obtains a court order after the
22862285 1125
22872286 child's parent or guardian is given notice and an opportunity to be heard; or
22882287 1126
22892288 (iv) the peace officer or child welfare caseworker obtains the consent of the child's
22902289 1127
22912290 parent or guardian.
22922291 1128
22932292 (b) A peace officer or a child welfare caseworker may not take action under Subsection
22942293 1129
22952294 (2)(a) solely on the basis of:
22962295 1130
22972296 (i) educational neglect, truancy, or failure to comply with a court order to attend
22982297 1131
22992298 school;
23002299 1132
23012300 (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2,
23022301 1133
23032302 Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage
23042303 1134
23052304 form, a cannabis product in a medicinal dosage form, or a medical cannabis
23062305 1135
23072306 device, as those terms are defined in Section 26B-4-201; or
23082307 1136
23092308 (iii) subject to Subsection (2)(c), a parent's agreement or disagreement with a minor
23102309 1137
23112310 child of the couple's:
23122311 1138
23132312 (A) assertion that the child's gender identity is different from the child's biological
23142313 1139
23152314 sex;[ or]
23162315 1140
23172316 (B) practice of having or expressing a different gender identity than the child's
23182317 1141
23192318 biological sex[.] ; or
23202319 1142
23212320 (C) sexual orientation.
23222321 1143
23232322 (c) Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker
23242323 1144
23252324 from taking action under Subsection (2)(a) if the parent's agreement or disagreement
23262325 1145
23272326 with a minor child as described in Subsection (2)(b)(iii) results in or is related to
23282327 1146
23292328 harm, as that term is defined in Section 80-1-102, to the minor child.
23302329 1147
23312330 (3)(a) The juvenile court may issue a warrant authorizing a peace officer or a child
23322331 1148
23332332 welfare caseworker to search for a child and take the child into protective custody if
23342333 1149
23352334 it appears to the juvenile court upon a verified petition, recorded sworn testimony or
2336-- 34 - Enrolled Copy H.B. 283
23372335 1150
23382336 an affidavit sworn to by a peace officer or another individual, and upon the
23392337 1151
23402338 examination of other witnesses if required by the juvenile court, that there is probable
23412339 1152
23422340 cause to believe that:
23432341 1153
23442342 (i) there is a threat of substantial harm to the child's health or safety;
2343+- 34 - 01-20 13:32 H.B. 283
23452344 1154
23462345 (ii) it is necessary to take the child into protective custody to avoid the harm
23472346 1155
23482347 described in Subsection (3)(a)(i); and
23492348 1156
23502349 (iii) it is likely that the child will suffer substantial harm if the child's parent or
23512350 1157
23522351 guardian is given notice and an opportunity to be heard before the child is taken
23532352 1158
23542353 into protective custody.
23552354 1159
23562355 (b) In accordance with Section 77-23-210, a peace officer making the search under
23572356 1160
23582357 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to
23592358 1161
23602359 remove the child.
23612360 1162
23622361 (4)(a) A child welfare caseworker may take action under Subsection (2) accompanied by
23632362 1163
23642363 a peace officer or without a peace officer if a peace officer is not reasonably available.
23652364 1164
23662365 (b)(i) Before taking a child into protective custody, and if possible and consistent
23672366 1165
23682367 with the child's safety and welfare, a child welfare caseworker shall determine
23692368 1166
23702369 whether there are services available that, if provided to a parent or guardian of the
23712370 1167
23722371 child, would eliminate the need to remove the child from the custody of the child's
23732372 1168
23742373 parent or guardian.
23752374 1169
23762375 (ii) In determining whether the services described in Subsection (4)(b)(i) are
23772376 1170
23782377 reasonably available, the child welfare caseworker shall consider the child's
23792378 1171
23802379 health, safety, and welfare as the paramount concern.
23812380 1172
23822381 (iii) If the child welfare caseworker determines the services described in Subsection
23832382 1173
23842383 (4)(b)(i) are reasonably available, the services shall be utilized.
23852384 1174
23862385 (5)(a) If a peace officer or a child welfare caseworker takes a child into protective
23872386 1175
23882387 custody under Subsection (2), the peace officer or child welfare caseworker shall:
23892388 1176
23902389 (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and
23912390 1177
23922391 (ii) release the child to the care of the child's parent or guardian or another
23932392 1178
23942393 responsible adult, unless:
23952394 1179
23962395 (A) the child's immediate welfare requires the child remain in protective custody;
23972396 1180
23982397 or
23992398 1181
24002399 (B) the protection of the community requires the child's detention in accordance
24012400 1182
24022401 with Chapter 6, Part 2, Custody and Detention.
24032402 1183
24042403 (b)(i) If a peace officer or child welfare caseworker is executing a warrant under
2405-- 35 - H.B. 283 Enrolled Copy
24062404 1184
24072405 Subsection (3), the peace officer or child welfare caseworker shall take the child
24082406 1185
24092407 to:
24102408 1186
24112409 (A) a shelter facility; or
24122410 1187
24132411 (B) if the division makes an emergency placement under Section 80-2a-301, the
2412+- 35 - H.B. 283 01-20 13:32
24142413 1188
24152414 emergency placement.
24162415 1189
24172416 (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility
24182417 1190
24192418 under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall
24202419 1191
24212420 promptly file a written report that includes the child's information, on a form
24222421 1192
24232422 provided by the division, with the shelter facility.
24242423 1193
24252424 (c) A child removed or taken into protective custody under this section may not be
24262425 1194
24272426 placed or kept in detention pending court proceedings, unless the child may be held
24282427 1195
24292428 in detention under Chapter 6, Part 2, Custody and Detention.
24302429 1196
24312430 (6)(a) The juvenile court shall issue a warrant authorizing a peace officer or a child
24322431 1197
24332432 welfare worker to search for a child who is missing, has been abducted, or has run
24342433 1198
24352434 away, and take the child into physical custody if the juvenile court determines that
24362435 1199
24372436 the child is missing, has been abducted, or has run away from the protective custody,
24382437 1200
24392438 temporary custody, or custody of the division.
24402439 1201
24412440 (b) If the juvenile court issues a warrant under Subsection (6)(a):
24422441 1202
24432442 (i) the division shall notify the child's parent or guardian who has a right to
24442443 1203
24452444 parent-time with the child in accordance with Subsection 80-2a-203(5)(a);
24462445 1204
24472446 (ii) the court shall order:
24482447 1205
24492448 (A) the law enforcement agency that has jurisdiction over the location from which
24502449 1206
24512450 the child ran away to enter a record of the warrant into the National Crime
24522451 1207
24532452 Information Center database within 24 hours after the time in which the law
24542453 1208
24552454 enforcement agency receives a copy of the warrant; and
24562455 1209
24572456 (B) the division to notify the law enforcement agency described in Subsection
24582457 1210
24592458 (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and
24602459 1211
24612460 (c) the court shall specify the location to which the peace officer or the child welfare
24622461 1212
24632462 caseworker shall transport the child.
24642463 1213
24652464 Section 10. Section 80-3-111 is amended to read:
24662465 1214
24672466 80-3-111 . Interstate compact -- Relative placement.
24682467 1215
24692468 (1) If, for a relative placement, an interstate placement requested under the Interstate
24702469 1216
24712470 Compact on the Placement of Children has been initiated by the division or is ordered by
24722471 1217
24732472 or pending before the juvenile court, the court may not finalize a non-relative placement
2474-- 36 - Enrolled Copy H.B. 283
24752473 1218
24762474 unless the court gives due weight to:
24772475 1219
24782476 (a) the preferential consideration granted to a relative in Section 80-3-302;
24792477 1220
24802478 (b) the rebuttable presumption in Section 80-3-302; and
24812479 1221
24822480 (c) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
2481+- 36 - 01-20 13:32 H.B. 283
24832482 1222
24842483 and 80-3-303(1).
24852484 1223
24862485 (2) Nothing in this section affects the ability of a foster parent to petition the juvenile court
24872486 1224
24882487 under Subsection 80-3-502(3).
24892488 1225
24902489 Section 11. Section 80-3-204 is amended to read:
24912490 1226
24922491 80-3-204 . Protective custody of a child after a petition is filed -- Grounds.
24932492 1227
24942493 (1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply,
24952494 1228
24962495 in addressing the petition, the least restrictive means and alternatives available to
24972496 1229
24982497 accomplish a compelling state interest and to prevent irretrievable destruction of family
24992498 1230
25002499 life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104.
25012500 1231
25022501 (2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of
25032502 1232
25042503 the petition is not in protective custody, a juvenile court may order that the child be
25052504 1233
25062505 removed from the child's home or otherwise taken into protective custody if the juvenile
25072506 1234
25082507 court finds, by a preponderance of the evidence, that any one or more of the following
25092508 1235
25102509 circumstances exist:
25112510 1236
25122511 (a)(i) there is an imminent danger to the physical health or safety of the child; and
25132512 1237
25142513 (ii) the child's physical health or safety may not be protected without removing the
25152514 1238
25162515 child from the custody of the child's parent or guardian;
25172516 1239
25182517 (b)(i) a parent or guardian engages in or threatens the child with unreasonable
25192518 1240
25202519 conduct that causes the child to suffer harm; and
25212520 1241
25222521 (ii) there are no less restrictive means available by which the child's emotional health
25232522 1242
25242523 may be protected without removing the child from the custody of the child's
25252524 1243
25262525 parent or guardian;
25272526 1244
25282527 (c) the child or another child residing in the same household has been, or is considered
25292528 1245
25302529 to be at substantial risk of being, physically abused, sexually abused, or sexually
25312530 1246
25322531 exploited, by a parent or guardian, a member of the parent's or guardian's household,
25332532 1247
25342533 or other individual known to the parent or guardian;
25352534 1248
25362535 (d) the parent or guardian is unwilling to have physical custody of the child;
25372536 1249
25382537 (e) the child is abandoned or left without any provision for the child's support;
25392538 1250
25402539 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
25412540 1251
25422541 or cannot arrange for safe and appropriate care for the child;
2543-- 37 - H.B. 283 Enrolled Copy
25442542 1252
25452543 (g)(i) a relative or other adult custodian with whom the child is left by the parent or
25462544 1253
25472545 guardian is unwilling or unable to provide care or support for the child;
25482546 1254
25492547 (ii) the whereabouts of the parent or guardian are unknown; and
25502548 1255
25512549 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
2550+- 37 - H.B. 283 01-20 13:32
25522551 1256
25532552 (h) subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Sections 80-3-109 and
25542553 1257
25552554 80-3-304, the child is in immediate need of medical care;
25562555 1258
25572556 (i)(i) a parent's or guardian's actions, omissions, or habitual action create an
25582557 1259
25592558 environment that poses a serious risk to the child's health or safety for which
25602559 1260
25612560 immediate remedial or preventive action is necessary; or
25622561 1261
25632562 (ii) a parent's or guardian's action in leaving a child unattended would reasonably
25642563 1262
25652564 pose a threat to the child's health or safety;
25662565 1263
25672566 (j) the child or another child residing in the same household has been neglected;
25682567 1264
25692568 (k) the child's natural parent:
25702569 1265
25712570 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
25722571 1266
25732572 child;
25742573 1267
25752574 (ii) is identified by a law enforcement agency as the primary suspect in an
25762575 1268
25772576 investigation for intentionally, knowingly, or recklessly causing the death of
25782577 1269
25792578 another parent of the child; or
25802579 1270
25812580 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
25822581 1271
25832582 recklessly causing the death of another parent of the child;
25842583 1272
25852584 (l) an infant is an abandoned infant, as defined in Section 80-4-203;
25862585 1273
25872586 (m)(i) the parent or guardian, or an adult residing in the same household as the parent
25882587 1274
25892588 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine
25902589 1275
25912590 Drug Lab Act; and
25922591 1276
25932592 (ii) any clandestine laboratory operation was located in the residence or on the
25942593 1277
25952594 property where the child resided; or
25962595 1278
25972596 (n) the child's welfare is otherwise endangered.
25982597 1279
25992598 (3)(a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
26002599 1280
26012600 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or
26022601 1281
26032602 dependency occurs involving the same substantiated abuser or under similar
26042603 1282
26052604 circumstance as the previous abuse, that fact is prima facie evidence that the child
26062605 1283
26072606 cannot safely remain in the custody of the child's parent.
26082607 1284
26092608 (b) For purposes of Subsection (2)(c):
26102609 1285
26112610 (i) another child residing in the same household may not be removed from the home
2612-- 38 - Enrolled Copy H.B. 283
26132611 1286
26142612 unless that child is considered to be at substantial risk of being physically abused,
26152613 1287
26162614 sexually abused, or sexually exploited as described in Subsection (2)(c) or
26172615 1288
26182616 Subsection (3)(b)(ii); and
26192617 1289
26202618 (ii) if a parent or guardian has received actual notice that physical abuse, sexual
2619+- 38 - 01-20 13:32 H.B. 283
26212620 1290
26222621 abuse, or sexual exploitation by an individual known to the parent has occurred,
26232622 1291
26242623 and there is evidence that the parent or guardian failed to protect the child, after
26252624 1292
26262625 having received the notice, by allowing the child to be in the physical presence of
26272626 1293
26282627 the alleged abuser, that fact is prima facie evidence that the child is at substantial
26292628 1294
26302629 risk of being physically abused, sexually abused, or sexually exploited.
26312630 1295
26322631 (4)(a) For purposes of Subsection (2), if the division files an abuse, neglect, or
26332632 1296
26342633 dependency petition, the juvenile court shall consider the division's safety and risk
26352634 1297
26362635 assessments described in Section 80-2-403 to determine whether a child should be
26372636 1298
26382637 removed from the custody of the child's parent or guardian or should otherwise be
26392638 1299
26402639 taken into protective custody.
26412640 1300
26422641 (b) The division shall make a diligent effort to provide the safety and risk assessments
26432642 1301
26442643 described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel
26452644 1302
26462645 for the parent or guardian, as soon as practicable before the shelter hearing described
26472646 1303
26482647 in Section 80-3-301.
26492648 1304
26502649 (5) In the absence of one of the factors described in Subsection (2), a juvenile court may not
26512650 1305
26522651 remove a child from the parent's or guardian's custody on the basis of:
26532652 1306
26542653 (a) educational neglect, truancy, or failure to comply with a court order to attend school;
26552654 1307
26562655 (b) mental illness or poverty of the parent or guardian;
26572656 1308
26582657 (c) disability of the parent or guardian, as defined in Section 57-21-2; or
26592658 1309
26602659 (d) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
26612660 1310
26622661 Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis
26632662 1311
26642663 product in a medicinal dosage form, or a medical cannabis device, as those terms are
26652664 1312
26662665 defined in Section 26B-4-201.
26672666 1313
26682667 (6) A child removed from the custody of the child's parent or guardian under this section
26692668 1314
26702669 may not be placed or kept in detention, unless the child may be admitted to detention
26712670 1315
26722671 under Chapter 6, Part 2, Custody and Detention.
26732672 1316
26742673 (7) This section does not preclude removal of a child from the child's home without a
26752674 1317
26762675 warrant or court order under Section 80-2a-202.
26772676 1318
26782677 (8)(a) Except as provided in Subsection (8)(b), a juvenile court and the division may not
26792678 1319
26802679 remove a child from the custody of the child's parent or guardian on the sole or
2681-- 39 - H.B. 283 Enrolled Copy
26822680 1320
26832681 primary basis that the parent or guardian refuses to consent to:
26842682 1321
26852683 (i) the administration of a psychotropic medication to a child;
26862684 1322
26872685 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
26882686 1323
26892687 (iii) a psychiatric or behavioral health evaluation of a child.
2688+- 39 - H.B. 283 01-20 13:32
26902689 1324
26912690 (b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a
26922691 1325
26932692 child under conditions that would otherwise be prohibited under Subsection (8)(a) if
26942693 1326
26952694 failure to take an action described under Subsection (8)(a) would present a serious,
26962695 1327
26972696 imminent risk to the child's physical safety or the physical safety of others.
26982697 1328
26992698 Section 12. Section 80-3-301 is amended to read:
27002699 1329
27012700 80-3-301 . Shelter hearing -- Court considerations.
27022701 1330
27032702 (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a
27042703 1331
27052704 child within 72 hours, excluding weekends and holidays, after any one or all of the
27062705 1332
27072706 following occur:
27082707 1333
27092708 (a) removal of the child from the child's home by the division;
27102709 1334
27112710 (b) placement of the child in protective custody;
27122711 1335
27132712 (c) emergency placement under Subsection 80-2a-202(5);
27142713 1336
27152714 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
27162715 1337
27172716 at the request of the division; or
27182717 1338
27192718 (e) a motion for expedited placement in temporary custody is filed under Section
27202719 1339
27212720 80-3-203.
27222721 1340
27232722 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
27242723 1341
27252724 division shall issue a notice that contains all of the following:
27262725 1342
27272726 (a) the name and address of the individual to whom the notice is directed;
27282727 1343
27292728 (b) the date, time, and place of the shelter hearing;
27302729 1344
27312730 (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is
27322731 1345
27332732 brought;
27342733 1346
27352734 (d) a concise statement regarding:
27362735 1347
27372736 (i) the reasons for removal or other action of the division under Subsection (1); and
27382737 1348
27392738 (ii) the allegations and code sections under which the proceeding is instituted;
27402739 1349
27412740 (e) a statement that the parent or guardian to whom notice is given, and the child, are
27422741 1350
27432742 entitled to have an attorney present at the shelter hearing, and that if the parent or
27442743 1351
27452744 guardian is an indigent individual and cannot afford an attorney, and desires to be
27462745 1352
27472746 represented by an attorney, one will be provided in accordance with Title 78B,
27482747 1353
27492748 Chapter 22, Indigent Defense Act; and
2750-- 40 - Enrolled Copy H.B. 283
27512749 1354
27522750 (f) a statement that the parent or guardian is liable for the cost of support of the child in
27532751 1355
27542752 the protective custody, temporary custody, and custody of the division, and the cost
27552753 1356
27562754 for legal counsel appointed for the parent or guardian under Subsection (2)(e),
27572755 1357
27582756 according to the financial ability of the parent or guardian.
2757+- 40 - 01-20 13:32 H.B. 283
27592758 1358
27602759 (3) The notice described in Subsection (2) shall be personally served as soon as possible,
27612760 1359
27622761 but no later than one business day after the day on which the child is removed from the
27632762 1360
27642763 child's home, or the day on which a motion for expedited placement in temporary
27652764 1361
27662765 custody under Section 80-3-203 is filed, on:
27672766 1362
27682767 (a) the appropriate guardian ad litem; and
27692768 1363
27702769 (b) both parents and any guardian of the child, unless the parents or guardians cannot be
27712770 1364
27722771 located.
27732772 1365
27742773 (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the
27752774 1366
27762775 shelter hearing:
27772776 1367
27782777 (a) the child, unless it would be detrimental for the child;
27792778 1368
27802779 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
27812780 1369
27822781 fail to appear in response to the notice;
27832782 1370
27842783 (c) counsel for the parents, if one is requested;
27852784 1371
27862785 (d) the child's guardian ad litem;
27872786 1372
27882787 (e) the child welfare caseworker from the division who is assigned to the case; and
27892788 1373
27902789 (f) the attorney from the attorney general's office who is representing the division.
27912790 1374
27922791 (5)(a) At the shelter hearing, the juvenile court shall:
27932792 1375
27942793 (i) provide an opportunity to provide relevant testimony to:
27952794 1376
27962795 (A) the child's parent or guardian, if present; and
27972796 1377
27982797 (B) any other individual with relevant knowledge;
27992798 1378
28002799 (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and
28012800 1379
28022801 (iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential
28032802 1380
28042803 consideration to a relative or friend for the temporary placement of the child.
28052804 1381
28062805 (b) The juvenile court:
28072806 1382
28082807 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
28092808 1383
28102809 Procedure;
28112810 1384
28122811 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
28132812 1385
28142813 the requesting party, or the requesting party's counsel; and
28152814 1386
28162815 (iii) may in the juvenile court's discretion limit testimony and evidence to only that
28172816 1387
28182817 which goes to the issues of removal and the child's need for continued protection.
2819-- 41 - H.B. 283 Enrolled Copy
28202818 1388
28212819 (6) If the child is in protective custody, the division shall report to the juvenile court:
28222820 1389
28232821 (a) the reason why the child was removed from the parent's or guardian's custody;
28242822 1390
28252823 (b) any services provided to the child and the child's family in an effort to prevent
28262824 1391
28272825 removal;
2826+- 41 - H.B. 283 01-20 13:32
28282827 1392
28292828 (c) the need, if any, for continued shelter;
28302829 1393
28312830 (d) the available services that could facilitate the return of the child to the custody of the
28322831 1394
28332832 child's parent or guardian; and
28342833 1395
28352834 (e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or
28362835 1396
28372836 friends of the child's parents may be able and willing to accept temporary placement
28382837 1397
28392838 of the child.
28402839 1398
28412840 (7) The juvenile court shall consider all relevant evidence provided by an individual or
28422841 1399
28432842 entity authorized to present relevant evidence under this section.
28442843 1400
28452844 (8)(a) If necessary to protect the child, preserve the rights of a party, or for other good
28462845 1401
28472846 cause shown, the juvenile court may grant no more than one continuance, not to
28482847 1402
28492848 exceed five judicial days.
28502849 1403
28512850 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
28522851 1404
28532852 guardian for a continuance under Subsection (8)(a).
28542853 1405
28552854 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
28562855 1406
28572856 described in Subsection (2) within the time described in Subsection (3), the juvenile
28582857 1407
28592858 court may grant the request of a parent or guardian for a continuance, not to exceed
28602859 1408
28612860 five judicial days.
28622861 1409
28632862 (9)(a) If the child is in protective custody, the juvenile court shall order that the child be
28642863 1410
28652864 returned to the custody of the parent or guardian unless the juvenile court finds, by a
28662865 1411
28672866 preponderance of the evidence, consistent with the protections and requirements
28682867 1412
28692868 provided in Subsection 80-2a-201(1), that any one of the following exists:
28702869 1413
28712870 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
28722871 1414
28732872 safety of the child and the child's physical health or safety may not be protected
28742873 1415
28752874 without removing the child from the custody of the child's parent;
28762875 1416
28772876 (ii)(A) the child is suffering emotional damage that results in a serious impairment
28782877 1417
28792878 in the child's growth, development, behavior, or psychological functioning;
28802879 1418
28812880 (B) the parent or guardian is unwilling or unable to make reasonable changes that
28822881 1419
28832882 would sufficiently prevent future damage; and
28842883 1420
28852884 (C) there are no reasonable means available by which the child's emotional health
28862885 1421
28872886 may be protected without removing the child from the custody of the child's
2888-- 42 - Enrolled Copy H.B. 283
28892887 1422
28902888 parent or guardian;
28912889 1423
28922890 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
28932891 1424
28942892 not removed from the custody of the child's parent or guardian;
28952893 1425
28962894 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
2895+- 42 - 01-20 13:32 H.B. 283
28972896 1426
28982897 household has been, or is considered to be at substantial risk of being, physically
28992898 1427
29002899 abused, sexually abused, or sexually exploited by:
29012900 1428
29022901 (A) a parent or guardian;
29032902 1429
29042903 (B) a member of the parent's household or the guardian's household; or
29052904 1430
29062905 (C) an individual known to the parent or guardian;
29072906 1431
29082907 (v) the parent or guardian is unwilling to have physical custody of the child;
29092908 1432
29102909 (vi) the parent or guardian is unable to have physical custody of the child;
29112910 1433
29122911 (vii) the child is without any provision for the child's support;
29132912 1434
29142913 (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for
29152914 1435
29162915 safe and appropriate care for the child;
29172916 1436
29182917 (ix)(A) a relative or other adult custodian with whom the child is left by the parent
29192918 1437
29202919 or guardian is unwilling or unable to provide care or support for the child;
29212920 1438
29222921 (B) the whereabouts of the parent or guardian are unknown; and
29232922 1439
29242923 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
29252924 1440
29262925 (x) subject to Subsection [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) and Sections
29272926 1441
29282927 80-3-109 and 80-3-304, the child is in immediate need of medical care;
29292928 1442
29302929 (xi)(A) the physical environment or the fact that the child is left unattended
29312930 1443
29322931 beyond a reasonable period of time poses a threat to the child's health or safety;
29332932 1444
29342933 and
29352934 1445
29362935 (B) the parent or guardian is unwilling or unable to make reasonable changes that
29372936 1446
29382937 would remove the threat;
29392938 1447
29402939 (xii)(A) the child or a minor residing in the same household has been neglected;
29412940 1448
29422941 and
29432942 1449
29442943 (B) the parent or guardian is unwilling or unable to make reasonable changes that
29452944 1450
29462945 would prevent the neglect;
29472946 1451
29482947 (xiii) the parent, guardian, or an adult residing in the same household as the parent or
29492948 1452
29502949 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine
29512950 1453
29522951 Drug Lab Act, and any clandestine laboratory operation was located in the
29532952 1454
29542953 residence or on the property where the child resided;
29552954 1455
29562955 (xiv)(A) the child's welfare is substantially endangered; and
2957-- 43 - H.B. 283 Enrolled Copy
29582956 1456
29592957 (B) the parent or guardian is unwilling or unable to make reasonable changes that
29602958 1457
29612959 would remove the danger; or
29622960 1458
29632961 (xv) the child's natural parent:
29642962 1459
29652963 (A) intentionally, knowingly, or recklessly causes the death of another parent of
2964+- 43 - H.B. 283 01-20 13:32
29662965 1460
29672966 the child;
29682967 1461
29692968 (B) is identified by a law enforcement agency as the primary suspect in an
29702969 1462
29712970 investigation for intentionally, knowingly, or recklessly causing the death of
29722971 1463
29732972 another parent of the child; or
29742973 1464
29752974 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
29762975 1465
29772976 recklessly causing the death of another parent of the child.
29782977 1466
29792978 (b)(i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
29802979 1467
29812980 established if:
29822981 1468
29832982 (A) a court previously adjudicated that the child suffered abuse, neglect, or
29842983 1469
29852984 dependency involving the parent; and
29862985 1470
29872986 (B) a subsequent incident of abuse, neglect, or dependency involving the parent
29882987 1471
29892988 occurs.
29902989 1472
29912990 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
29922991 1473
29932992 knowingly allowed the child to be in the physical care of an individual after the
29942993 1474
29952994 parent received actual notice that the individual physically abused, sexually
29962995 1475
29972996 abused, or sexually exploited the child, that fact is prima facie evidence that there
29982997 1476
29992998 is a substantial risk that the child will be physically abused, sexually abused, or
30002999 1477
30013000 sexually exploited.
30023001 1478
30033002 (10)(a)(i) The juvenile court shall make a determination on the record as to whether
30043003 1479
30053004 reasonable efforts were made to prevent or eliminate the need for removal of the
30063005 1480
30073006 child from the child's home and whether there are available services that would
30083007 1481
30093008 prevent the need for continued removal.
30103009 1482
30113010 (ii) If the juvenile court finds that the child can be safely returned to the custody of
30123011 1483
30133012 the child's parent or guardian through the provision of the services described in
30143013 1484
30153014 Subsection (10)(a)(i), the juvenile court shall place the child with the child's
30163015 1485
30173016 parent or guardian and order that the services be provided by the division.
30183017 1486
30193018 (b) In accordance with federal law, the juvenile court shall consider the child's health,
30203019 1487
30213020 safety, and welfare as the paramount concern when making the determination
30223021 1488
30233022 described in Subsection (10)(a), and in ordering and providing the services described
30243023 1489
30253024 in Subsection (10)(a).
3026-- 44 - Enrolled Copy H.B. 283
30273025 1490
30283026 (11) If the division's first contact with the family occurred during an emergency situation in
30293027 1491
30303028 which the child could not safely remain at home, the juvenile court shall make a finding
30313029 1492
30323030 that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was
30333031 1493
30343032 appropriate.
3033+- 44 - 01-20 13:32 H.B. 283
30353034 1494
30363035 (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
30373036 1495
30383037 neglect are involved, the juvenile court and the division do not have any duty to make
30393038 1496
30403039 reasonable efforts or to, in any other way, attempt to maintain a child in the child's
30413040 1497
30423041 home, return a child to the child's home, provide reunification services, or attempt to
30433042 1498
30443043 rehabilitate the offending parent or parents.
30453044 1499
30463045 (13) The juvenile court may not order continued removal of a child solely on the basis of
30473046 1500
30483047 educational neglect, truancy, or failure to comply with a court order to attend school.
30493048 1501
30503049 (14)(a) If a juvenile court orders continued removal of a child under this section, the
30513050 1502
30523051 juvenile court shall state the facts on which the decision is based.
30533052 1503
30543053 (b) If no continued removal is ordered and the child is returned home, the juvenile court
30553054 1504
30563055 shall state the facts on which the decision is based.
30573056 1505
30583057 (15) If the juvenile court finds that continued removal and temporary custody are necessary
30593058 1506
30603059 for the protection of a child under Subsection (9)(a), the juvenile court shall order
30613060 1507
30623061 continued removal regardless of:
30633062 1508
30643063 (a) any error in the initial removal of the child;
30653064 1509
30663065 (b) the failure of a party to comply with notice provisions; or
30673066 1510
30683067 (c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services,
30693068 1511
30703069 or Chapter 2a, Removal and Protective Custody of a Child.
30713070 1512
30723071 Section 13. Section 80-3-302 is amended to read:
30733072 1513
30743073 80-3-302 . Shelter hearing -- Placement of a child.
30753074 1514
30763075 (1) As used in this section:
30773076 1515
30783077 (a) "Asserted an interest" means to communicate, verbally or in writing, to the division
30793078 1516
30803079 or the court, that the relative or friend is interested in becoming a placement for the
30813080 1517
30823081 child.
30833082 1518
30843083 (b)(i) "Natural parent," notwithstanding Section 80-1-102, means:
30853084 1519
30863085 (A) a biological or adoptive mother of the child;
30873086 1520
30883087 (B) an adoptive father of the child; or
30893088 1521
30903089 (C) a biological father of the child who:
30913090 1522
30923091 (I) was married to the child's biological mother at the time the child was
30933092 1523
30943093 conceived or born; or
3095-- 45 - H.B. 283 Enrolled Copy
30963094 1524
30973095 (II) has strictly complied with Sections 78B-6-120 through 78B-6-122, before
30983096 1525
30993097 removal of the child or voluntary surrender of the child by the custodial
31003098 1526
31013099 parent.
31023100 1527
31033101 (ii) "Natural parent" includes the individuals described in Subsection (1)(b)
3102+- 45 - H.B. 283 01-20 13:32
31043103 1528
31053104 regardless of whether the child has been or will be placed with adoptive parents or
31063105 1529
31073106 whether adoption has been or will be considered as a long-term goal for the child.
31083107 1530
31093108 (2)(a) At the shelter hearing, if the juvenile court orders that a child be removed from the
31103109 1531
31113110 custody of the child's parent in accordance with Section 80-3-301, the juvenile court
31123111 1532
31133112 shall first determine whether there is another natural parent with whom the child was
31143113 1533
31153114 not residing at the time the events or conditions that brought the child within the
31163115 1534
31173116 juvenile court's jurisdiction occurred, who desires to assume custody of the child.
31183117 1535
31193118 (b) Subject to Subsection (7), if another natural parent requests custody under
31203119 1536
31213120 Subsection (2)(a), the juvenile court shall place the child with that parent unless the
31223121 1537
31233122 juvenile court finds that the placement would be unsafe or otherwise detrimental to
31243123 1538
31253124 the child.
31263125 1539
31273126 (c) The juvenile court:
31283127 1540
31293128 (i) shall make a specific finding regarding the fitness of the parent described in
31303129 1541
31313130 Subsection (2)(b) to assume custody, and the safety and appropriateness of the
31323131 1542
31333132 placement;
31343133 1543
31353134 (ii) shall, at a minimum, order the division to visit the parent's home, comply with the
31363135 1544
31373136 criminal background check provisions described in Section 80-3-305, and check
31383137 1545
31393138 the Management Information System for any previous reports of abuse or neglect
31403139 1546
31413140 received by the division regarding the parent at issue;
31423141 1547
31433142 (iii) may order the division to conduct any further investigation regarding the safety
31443143 1548
31453144 and appropriateness of the placement; and
31463145 1549
31473146 (iv) may place the child in the temporary custody of the division, pending the
31483147 1550
31493148 juvenile court's determination regarding the placement.
31503149 1551
31513150 (d) The division shall report the division's findings from an investigation under
31523151 1552
31533152 Subsection (2)(c), regarding the child in writing to the juvenile court.
31543153 1553
31553154 (3) If the juvenile court orders placement with a parent under Subsection (2):
31563155 1554
31573156 (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
31583157 1555
31593158 (b) the juvenile court may order:
31603159 1556
31613160 (i) that the parent take custody subject to the supervision of the juvenile court; and
31623161 1557
31633162 (ii) that services be provided to the parent from whose custody the child was
3164-- 46 - Enrolled Copy H.B. 283
31653163 1558
31663164 removed, the parent who has assumed custody, or both; and
31673165 1559
31683166 (c) the juvenile court shall order reasonable parent-time with the parent from whose
31693167 1560
31703168 custody the child was removed, unless parent-time is not in the best interest of the
31713169 1561
31723170 child.
3171+- 46 - 01-20 13:32 H.B. 283
31733172 1562
31743173 (4) The juvenile court shall periodically review an order described in Subsection (3) to
31753174 1563
31763175 determine whether:
31773176 1564
31783177 (a) placement with the parent continues to be in the child's best interest;
31793178 1565
31803179 (b) the child should be returned to the original custodial parent;
31813180 1566
31823181 (c) the child should be placed with a relative under Subsections (6) through (9); or
31833182 1567
31843183 (d) the child should be placed in the temporary custody of the division.
31853184 1568
31863185 (5)(a) Legal custody of the child is not affected by an order entered under Subsection (2)
31873186 1569
31883187 or (3).
31893188 1570
31903189 (b) To affect a previous court order regarding legal custody, the party shall petition the
31913190 1571
31923191 court for modification of legal custody.
31933192 1572
31943193 (6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed from
31953194 1573
31963195 the custody of the child's parent and is not placed in the custody of the child's other
31973196 1574
31983197 parent, the juvenile court:
31993198 1575
32003199 (a) shall, at that time, determine whether there is a relative or a friend who is able and
32013200 1576
32023201 willing to care for the child, which may include asking a child, who is of sufficient
32033202 1577
32043203 maturity to articulate the child's wishes in relation to a placement, if there is a relative
32053204 1578
32063205 or friend with whom the child would prefer to reside;
32073206 1579
32083207 (b) may order the division to conduct a reasonable search to determine whether there are
32093208 1580
32103209 relatives or friends who are willing and appropriate, in accordance with the
32113210 1581
32123211 requirements of this chapter, Chapter 2, Child Welfare Services, and Chapter 2a,
32133212 1582
32143213 Removal and Protective Custody of a Child, for placement of the child;
32153214 1583
32163215 (c) shall order the parents to cooperate with the division, within five working days, to
32173216 1584
32183217 provide information regarding relatives or friends who may be able and willing to
32193218 1585
32203219 care for the child; and
32213220 1586
32223221 (d) may order that the child be placed in the temporary custody of the division pending
32233222 1587
32243223 the determination under Subsection (6)(a).
32253224 1588
32263225 (7)(a)(i) Subject to Subsection (7)(b), and if the provisions of this section are
32273226 1589
32283227 satisfied, the division and the juvenile court shall give preferential consideration to
32293228 1590
32303229 a relative's or a friend's request for placement of the child, if the placement is in
32313230 1591
32323231 the best interest of the child.
3233-- 47 - H.B. 283 Enrolled Copy
32343232 1592
32353233 (ii) If a relative or friend verbally communicates to the division or court that the
32363234 1593
32373235 relative or friend is interested in becoming a placement for the child, the division
32383236 1594
32393237 or court shall make a written record of the communication and include that written
32403238 1595
32413239 record in the report the division submits at the initial dispositional hearing, a
3240+- 47 - H.B. 283 01-20 13:32
32423241 1596
32433242 report the division submits under Section 80-3-408, or the court's legal file.
32443243 1597
32453244 (b)(i)(A) The preferential consideration that the juvenile court or division initially
32463245 1598
32473246 grants a friend under Subsection (7)(a)(i) expires 120 days after the day on
32483247 1599
32493248 which the shelter hearing occurs.
32503249 1600
32513250 (B) After the day on which the time period described in Subsection (7)(b)(i)(A)
32523251 1601
32533252 expires, the division or the juvenile court may not grant preferential
32543253 1602
32553254 consideration to a friend, who has not obtained custody or asserted an interest
32563255 1603
32573256 in the child.
32583257 1604
32593258 (ii)(A) Until eight months after the day on which the shelter hearing occurs, the
32603259 1605
32613260 preferential consideration that the juvenile court or division grants a relative
32623261 1606
32633262 under Subsection (7)(a)(i) is a rebuttable presumption that placement of the
32643263 1607
32653264 child with a relative is in the best interest of the child.
32663265 1608
32673266 (B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires,
32683267 1609
32693268 the juvenile court or division shall give preferential consideration to a relative's
32703269 1610
32713270 request for placement of the child, if the placement is in the best interest of the
32723271 1611
32733272 child considering the totality of the circumstances.
32743273 1612
32753274 (C) If a relative asserts an interest in becoming a placement for the child more
32763275 1613
32773276 than one year after the day on which the shelter hearing occurs, the juvenile
32783277 1614
32793278 court may not give the relative the preferential consideration described in
32803279 1615
32813280 Subsection (7)(b)(ii)(B).
32823281 1616
32833282 (c) The following order of preference shall be applied when determining the individual
32843283 1617
32853284 with whom a child will be placed, provided that the individual is willing and able to
32863285 1618
32873286 care for the child:
32883287 1619
32893288 (i) a noncustodial parent of the child;
32903289 1620
32913290 (ii) a relative of the child;
32923291 1621
32933292 (iii) subject to Subsection (7)(d), a friend if the friend is a licensed foster parent; and
32943293 1622
32953294 (iv) other placements that are consistent with the requirements of law.
32963295 1623
32973296 (d) In determining whether a friend is a willing, able, and appropriate placement for a
32983297 1624
32993298 child, the juvenile court or the division:
33003299 1625
33013300 (i) subject to Subsections (7)(d)(ii) through (iv), shall consider the child's preferences
3302-- 48 - Enrolled Copy H.B. 283
33033301 1626
33043302 or level of comfort with the friend;
33053303 1627
33063304 (ii) is required to consider no more than one friend designated by each parent of the
33073305 1628
33083306 child and one friend designated by the child if the child is of sufficient maturity to
33093307 1629
33103308 articulate the child's wishes in relation to a placement;
3309+- 48 - 01-20 13:32 H.B. 283
33113310 1630
33123311 (iii) may limit the number of designated friends to two, one of whom shall be a friend
33133312 1631
33143313 designated by the child if the child is of sufficient maturity to articulate the child's
33153314 1632
33163315 wishes in relation to a placement; and
33173316 1633
33183317 (iv) shall give preference to a friend designated by the child if:
33193318 1634
33203319 (A) the child is of sufficient maturity to articulate the child's wishes; and
33213320 1635
33223321 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
33233322 1636
33243323 child.
33253324 1637
33263325 (e)(i) If a parent of the child or the child, if the child is of sufficient maturity to
33273326 1638
33283327 articulate the child's wishes in relation to a placement, is not able to designate a
33293328 1639
33303329 friend who is a licensed foster parent for placement of the child, but is able to
33313330 1640
33323331 identify a friend who is willing to become licensed as a foster parent, the
33333332 1641
33343333 department shall fully cooperate to expedite the licensing process for the friend.
33353334 1642
33363335 (ii) If the friend described in Subsection (7)(e)(i) becomes licensed as a foster parent
33373336 1643
33383337 within the time frame described in Subsection (7)(b)(i), the juvenile court shall
33393338 1644
33403339 determine whether it is in the best interest of the child to place the child with the
33413340 1645
33423341 friend.
33433342 1646
33443343 (8)(a) If a relative or friend who is willing to cooperate with the child's permanency goal
33453344 1647
33463345 is identified under Subsection (6)(a), the juvenile court:
33473346 1648
33483347 (i) shall make a specific finding regarding:
33493348 1649
33503349 (A) the fitness of that relative or friend as a placement for the child; and
33513350 1650
33523351 (B) the safety and appropriateness of placement with the relative or friend; and
33533352 1651
33543353 (ii) may not consider a request for guardianship or adoption of the child by an
33553354 1652
33563355 individual who is not a relative of the child, or prevent the division from placing
33573356 1653
33583357 the child in the custody of a relative of the child in accordance with this part, until
33593358 1654
33603359 after the day on which the juvenile court makes the findings under Subsection
33613360 1655
33623361 (8)(a)(i).
33633362 1656
33643363 (b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a
33653364 1657
33663365 minimum, order the division to:
33673366 1658
33683367 (i) if the child may be placed with a relative, conduct a background check that
33693368 1659
33703369 includes:
3371-- 49 - H.B. 283 Enrolled Copy
33723370 1660
33733371 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
33743372 1661
33753373 background check of the relative;
33763374 1662
33773375 (B) a completed search, relating to the relative, of the Management Information
33783376 1663
33793377 System; and
3378+- 49 - H.B. 283 01-20 13:32
33803379 1664
33813380 (C) a background check that complies with the criminal background check
33823381 1665
33833382 provisions described in Section 80-3-305, of each nonrelative of the child who
33843383 1666
33853384 resides in the household where the child may be placed;
33863385 1667
33873386 (ii) if the child will be placed with a noncustodial parent, complete a background
33883387 1668
33893388 check that includes:
33903389 1669
33913390 (A) the background check requirements applicable to an emergency placement
33923391 1670
33933392 with a noncustodial parent that are described in Subsections 80-2a-301(4) and
33943393 1671
33953394 (6);
33963395 1672
33973396 (B) a completed search, relating to the noncustodial parent of the child, of the
33983397 1673
33993398 Management Information System; and
34003399 1674
34013400 (C) a background check that complies with the criminal background check
34023401 1675
34033402 provisions described in Section 80-3-305, of each nonrelative of the child who
34043403 1676
34053404 resides in the household where the child may be placed;
34063405 1677
34073406 (iii) if the child may be placed with an individual other than a noncustodial parent or
34083407 1678
34093408 a relative, conduct a criminal background check of the individual, and each adult
34103409 1679
34113410 that resides in the household where the child may be placed, that complies with
34123411 1680
34133412 the criminal background check provisions described in Section 80-3-305;
34143413 1681
34153414 (iv) visit the relative's or friend's home;
34163415 1682
34173416 (v) check the Management Information System for any previous reports of abuse or
34183417 1683
34193418 neglect regarding the relative or friend at issue;
34203419 1684
34213420 (vi) report the division's findings in writing to the juvenile court; and
34223421 1685
34233422 (vii) provide sufficient information so that the juvenile court may determine whether:
34243423 1686
34253424 (A) the relative or friend has any history of abusive or neglectful behavior toward
34263425 1687
34273426 other children that may indicate or present a danger to this child;
34283427 1688
34293428 (B) the child is comfortable with the relative or friend;
34303429 1689
34313430 (C) the relative or friend recognizes the parent's history of abuse and is committed
34323431 1690
34333432 to protect the child;
34343433 1691
34353434 (D) the relative or friend is strong enough to resist inappropriate requests by the
34363435 1692
34373436 parent for access to the child, in accordance with court orders;
34383437 1693
34393438 (E) the relative or friend is committed to caring for the child as long as necessary;
3440-- 50 - Enrolled Copy H.B. 283
34413439 1694
34423440 and
34433441 1695
34443442 (F) the relative or friend can provide a secure and stable environment for the child.
34453443 1696
34463444 (c) The division may determine to conduct, or the juvenile court may order the division
34473445 1697
34483446 to conduct, any further investigation regarding the safety and appropriateness of the
3447+- 50 - 01-20 13:32 H.B. 283
34493448 1698
34503449 placement described in Subsection (8)(a).
34513450 1699
34523451 (d) The division shall complete and file the division's assessment regarding placement
34533452 1700
34543453 with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an
34553454 1701
34563455 effort to facilitate placement of the child with a relative or friend.
34573456 1702
34583457 (9)(a) The juvenile court may place a child described in Subsection (2)(a) in the
34593458 1703
34603459 temporary custody of the division, pending the division's investigation under
34613460 1704
34623461 Subsection (8), and the juvenile court's determination regarding the appropriateness
34633462 1705
34643463 of the placement.
34653464 1706
34663465 (b) The juvenile court shall ultimately base the juvenile court's determination regarding
34673466 1707
34683467 the appropriateness of a placement with a relative or friend on the best interest of the
34693468 1708
34703469 child.
34713470 1709
34723471 (10) If a juvenile court places a child described in Subsection (6) with the child's relative or
34733472 1710
34743473 friend:
34753474 1711
34763475 (a) the juvenile court shall:
34773476 1712
34783477 (i) order the relative or friend take custody, subject to the continuing supervision of
34793478 1713
34803479 the juvenile court;
34813480 1714
34823481 (ii) provide for reasonable parent-time with the parent or parents from whose custody
34833482 1715
34843483 the child is removed, unless parent-time is not in the best interest of the child; and
34853484 1716
34863485 (iii) conduct a periodic review no less often than every six months, to determine
34873486 1717
34883487 whether:
34893488 1718
34903489 (A) placement with a relative or friend continues to be in the child's best interest;
34913490 1719
34923491 (B) the child should be returned home; or
34933492 1720
34943493 (C) the child should be placed in the custody of the division;
34953494 1721
34963495 (b) the juvenile court may enter an order:
34973496 1722
34983497 (i) requiring the division to provide necessary services to the child and the child's
34993498 1723
35003499 relative or friend, including the monitoring of the child's safety and well-being; or
35013500 1724
35023501 (ii) that the juvenile court considers necessary for the protection and best interest of
35033502 1725
35043503 the child; and
35053504 1726
35063505 (c) the child and the relative or friend in whose custody the child is placed are under the
35073506 1727
35083507 continuing jurisdiction of the juvenile court.
3509-- 51 - H.B. 283 Enrolled Copy
35103508 1728
35113509 (11) No later than 12 months after the day on which the child is removed from the home,
35123510 1729
35133511 the juvenile court shall schedule a hearing for the purpose of entering a permanent order
35143512 1730
35153513 in accordance with the best interest of the child.
35163514 1731
35173515 (12) The time limitations described in Section 80-3-406, with regard to reunification
3516+- 51 - H.B. 283 01-20 13:32
35183517 1732
35193518 efforts, apply to a child placed with a previously noncustodial parent under Subsection
35203519 1733
35213520 (2) or with a relative or friend under Subsection (6).
35223521 1734
35233522 (13)(a) If the juvenile court awards temporary custody of a child to the division, and the
35243523 1735
35253524 division places the child with a relative, the division shall:
35263525 1736
35273526 (i) conduct a criminal background check of the relative that complies with the
35283527 1737
35293528 criminal background check provisions described in Section 80-3-305; and
35303529 1738
35313530 (ii) if the results of the criminal background check described in Subsection (13)(a)(i)
35323531 1739
35333532 would prohibit the relative from having direct access to the child under Section
35343533 1740
35353534 26B-2-120, the division shall:
35363535 1741
35373536 (A) take the child into physical custody; and
35383537 1742
35393538 (B) within three days, excluding weekends and holidays, after the day on which
35403539 1743
35413540 the child is taken into physical custody under Subsection (13)(a)(ii)(A), give
35423541 1744
35433542 written notice to the juvenile court, and all parties to the proceedings, of the
35443543 1745
35453544 division's action.
35463545 1746
35473546 (b) Subsection (13)(a) does not prohibit the division from placing a child with a relative,
35483547 1747
35493548 pending the results of the background check described in Subsection (13)(a) on the
35503549 1748
35513550 relative.
35523551 1749
35533552 (14) If the juvenile court orders that a child be removed from the custody of the child's
35543553 1750
35553554 parent and does not award custody and guardianship to another parent, relative, or friend
35563555 1751
35573556 under this section, the juvenile court shall order that the child be placed in the temporary
35583557 1752
35593558 custody of the division, to proceed to adjudication and disposition and to be provided
35603559 1753
35613560 with care and services in accordance with this chapter, Chapter 2, Child Welfare Services,
35623561 1754
35633562 and Chapter 2a, Removal and Protective Custody of a Child.
35643563 1755
35653564 (15)(a) If a child reenters the temporary custody or the custody of the division and the
35663565 1756
35673566 child is not placed with an individual who is a parent, relative, or friend, the division
35683567 1757
35693568 shall:
35703569 1758
35713570 (i) notify the child's former foster parents; and
35723571 1759
35733572 (ii) upon a determination of the former foster parents' willingness and ability to safely
35743573 1760
35753574 and appropriately care for the child, give the former foster parents preference for
35763575 1761
35773576 placement of the child.
3578-- 52 - Enrolled Copy H.B. 283
35793577 1762
35803578 (b) If, after the shelter hearing, the child is placed with an individual who is not a parent,
35813579 1763
35823580 a relative, a friend, or a former foster parent of the child, priority shall be given to a
35833581 1764
35843582 foster placement with a married couple, unless it is in the best interests of the child to
35853583 1765
35863584 place the child with a single foster parent.
3585+- 52 - 01-20 13:32 H.B. 283
35873586 1766
35883587 (16) In determining the placement of a child, the juvenile court and the division may not
35893588 1767
35903589 take into account, or discriminate against, the religion of an individual with whom the
35913590 1768
35923591 child may be placed, unless the purpose of taking religion into account is to place the
35933592 1769
35943593 child with an individual or family of the same religion as the child.
35953594 1770
35963595 (17) If the juvenile court's decision differs from a child's express wishes if the child is of
35973596 1771
35983597 sufficient maturity to articulate the wishes in relation to the child's placement, the
35993598 1772
36003599 juvenile court shall make findings explaining why the juvenile court's decision differs
36013600 1773
36023601 from the child's wishes.
36033602 1774
36043603 (18) This section does not guarantee that an identified relative or friend will receive custody
36053604 1775
36063605 of the child.
36073606 1776
36083607 (19)(a) If, for a relative placement, an interstate placement requested under the Interstate
36093608 1777
36103609 Compact on the Placement of Children has been initiated by the division or is ordered
36113610 1778
36123611 by or pending before the juvenile court, the court may not finalize a non-relative
36133612 1779
36143613 placement unless the court gives due weight to:
36153614 1780
36163615 (i) the preferential consideration granted to a relative in Section 80-3-302;
36173616 1781
36183617 (ii) the rebuttable presumption in Section 80-3-302; and
36193618 1782
36203619 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
36213620 1783
36223621 and 80-3-303(1).
36233622 1784
36243623 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
36253624 1785
36263625 court under Subsection 80-3-502(3).
36273626 1786
36283627 Section 14. Section 80-3-303 is amended to read:
36293628 1787
36303629 80-3-303 . Post-shelter hearing placement of a child in division's temporary
36313630 1788
36323631 custody.
36333632 1789
36343633 (1) If the juvenile court awards temporary custody of a child to the division under Section
36353634 1790
36363635 80-3-302, or as otherwise permitted by law, the division shall determine ongoing
36373636 1791
36383637 placement of the child.
36393638 1792
36403639 (2) In placing a child under Subsection (1), the division:
36413640 1793
36423641 (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable
36433642 1794
36443643 background check provisions described in Section 80-3-302;
36453644 1795
36463645 (b) is not required to receive approval from the juvenile court before making the
3647-- 53 - H.B. 283 Enrolled Copy
36483646 1796
36493647 placement;
36503648 1797
36513649 (c) shall consider the preferential consideration and rebuttable presumption described in
36523650 1798
36533651 Subsection 80-3-302(7)(a);
36543652 1799
36553653 (d) shall, within three days, excluding weekends and holidays, after the day on which the
3654+- 53 - H.B. 283 01-20 13:32
36563655 1800
36573656 placement is made, give written notice to the juvenile court, and the parties to the
36583657 1801
36593658 proceedings, that the placement has been made;
36603659 1802
36613660 (e) may place the child with a noncustodial parent, relative, or friend, using the same
36623661 1803
36633662 criteria established for an emergency placement under Section 80-2a-301, pending
36643663 1804
36653664 the results of:
36663665 1805
36673666 (i) the background check described in Subsection 80-3-302(13)(a); and
36683667 1806
36693668 (ii) evaluation with the noncustodial parent, relative, or friend to determine the
36703669 1807
36713670 individual's capacity to provide ongoing care to the child; and
36723671 1808
36733672 (f) shall take into consideration the will of the child, if the child is of sufficient maturity
36743673 1809
36753674 to articulate the child's wishes in relation to the child's placement.
36763675 1810
36773676 (3) If the division's placement decision differs from a child's express wishes and the child is
36783677 1811
36793678 of sufficient maturity to state the child's wishes in relation to the child's placement, the
36803679 1812
36813680 division shall:
36823681 1813
36833682 (a) make written findings explaining why the division's decision differs from the child's
36843683 1814
36853684 wishes; and
36863685 1815
36873686 (b) provide the written findings to the juvenile court and the child's attorney guardian ad
36883687 1816
36893688 litem.
36903689 1817
36913690 (4)(a) If, for a relative placement, an interstate placement requested under the Interstate
36923691 1818
36933692 Compact on the Placement of Children has been initiated by the division or is ordered
36943693 1819
36953694 by or pending before the juvenile court, the court may not finalize a non-relative
36963695 1820
36973696 placement unless the court gives due weight to:
36983697 1821
36993698 (i) the preferential consideration granted to a relative in Section 80-3-302;
37003699 1822
37013700 (ii) the rebuttable presumption in Section 80-3-302; and
37023701 1823
37033702 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
37043703 1824
37053704 and 80-3-303(1).
37063705 1825
37073706 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
37083707 1826
37093708 court under Subsection 80-3-502(3).
37103709 1827
37113710 Section 15. Section 80-3-405 is amended to read:
37123711 1828
37133712 80-3-405 . Dispositions after adjudication.
37143713 1829
37153714 (1) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the
3716-- 54 - Enrolled Copy H.B. 283
37173715 1830
37183716 dispositions described in Subsection (2) at the dispositional hearing.
37193717 1831
37203718 (2)(a)(i) The juvenile court may vest custody of an abused, neglected, or dependent
37213719 1832
37223720 minor in the division or any other appropriate person, with or without
37233721 1833
37243722 court-specified child welfare services, in accordance with the requirements and
3723+- 54 - 01-20 13:32 H.B. 283
37253724 1834
37263725 procedures of this chapter.
37273726 1835
37283727 (ii) When placing a minor in the custody of the division or any other appropriate
37293728 1836
37303729 person, the juvenile court:
37313730 1837
37323731 (A) shall give primary consideration to the welfare of the minor;
37333732 1838
37343733 (B) shall give due consideration to the rights of the parent or parents concerning
37353734 1839
37363735 the minor; and
37373736 1840
37383737 (C) when practicable, may take into consideration the religious preferences of the
37393738 1841
37403739 minor and of the minor's parents or guardian.
37413740 1842
37423741 (b)(i) The juvenile court may appoint a guardian for the minor if it appears necessary
37433742 1843
37443743 in the interest of the minor.
37453744 1844
37463745 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
37473746 1845
37483747 institution or agency, but not a nonsecure residential placement provider, in which
37493748 1846
37503749 legal custody of the minor is vested.
37513750 1847
37523751 (iii) When placing a minor under the guardianship of an individual or of a private
37533752 1848
37543753 agency or institution, the juvenile court:
37553754 1849
37563755 (A) shall give primary consideration to the welfare of the minor; and
37573756 1850
37583757 (B) when practicable, may take into consideration the religious preferences of the
37593758 1851
37603759 minor and of the minor's parents or guardian.
37613760 1852
37623761 (c) The juvenile court may order:
37633762 1853
37643763 (i) protective supervision;
37653764 1854
37663765 (ii) family preservation;
37673766 1855
37683767 (iii) sibling visitation; or
37693768 1856
37703769 (iv) other services.
37713770 1857
37723771 (d)(i) If a minor has been placed with an individual or relative as a result of an
37733772 1858
37743773 adjudication under this chapter, the juvenile court may enter an order of
37753774 1859
37763775 permanent legal custody and guardianship with the individual or relative of the
37773776 1860
37783777 minor.
37793778 1861
37803779 (ii) If a juvenile court enters an order of permanent custody and guardianship with an
37813780 1862
37823781 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court
37833782 1863
37843783 may, in accordance with Section 78A-6-356, enter an order for child support on
3785-- 55 - H.B. 283 Enrolled Copy
37863784 1864
37873785 behalf of the minor against the natural parents of the minor.
37883786 1865
37893787 (iii) An order under this Subsection (2)(d):
37903788 1866
37913789 (A) shall remain in effect until the minor is 18 years old;
37923790 1867
37933791 (B) is not subject to review under Section 78A-6-358; and
3792+- 55 - H.B. 283 01-20 13:32
37943793 1868
37953794 (C) may be modified by petition or motion as provided in Section 78A-6-357.
37963795 1869
37973796 (e) The juvenile court may order a child be committed to the physical custody, as
37983797 1870
37993798 defined in Section 26B-5-401, of a local mental health authority, in accordance with
38003799 1871
38013800 the procedures and requirements of Title 26B, Chapter 5, Part 4, Commitment of
38023801 1872
38033802 Persons Under Age 18.
38043803 1873
38053804 (f)(i) If the child has an intellectual disability, the juvenile court may make an order
38063805 1874
38073806 committing a minor to the Utah State Developmental Center in accordance with
38083807 1875
38093808 Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for
38103809 1876
38113810 People with an Intellectual Disability.
38123811 1877
38133812 (ii) The juvenile court shall follow the procedure applicable in the district court with
38143813 1878
38153814 respect to judicial commitments to the Utah State Developmental Center when
38163815 1879
38173816 ordering a commitment under Subsection (2)(f)(i).
38183817 1880
38193818 (g)(i) Subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Section 80-3-304,
38203819 1881
38213820 the juvenile court may order that a minor:
38223821 1882
38233822 (A) be examined or treated by a mental health therapist, as described in Section
38243823 1883
38253824 80-3-109; or
38263825 1884
38273826 (B) receive other special care.
38283827 1885
38293828 (ii) For purposes of receiving the examination, treatment, or care described in
38303829 1886
38313830 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other
38323831 1887
38333832 suitable facility that is not secure care or secure detention.
38343833 1888
38353834 (iii) In determining whether to order the examination, treatment, or care described in
38363835 1889
38373836 Subsection (2)(g)(i), the juvenile court shall consider:
38383837 1890
38393838 (A) the desires of the minor;
38403839 1891
38413840 (B) the desires of the parent or guardian of the minor if the minor is younger than
38423841 1892
38433842 18 years old; and
38443843 1893
38453844 (C) whether the potential benefits of the examination, treatment, or care outweigh
38463845 1894
38473846 the potential risks and side-effects, including behavioral disturbances, suicidal
38483847 1895
38493848 ideation, brain function impairment, or emotional or physical harm resulting
38503849 1896
38513850 from the compulsory nature of the examination, treatment, or care.
38523851 1897
38533852 (h) The juvenile court may make other reasonable orders for the best interest of the
3854-- 56 - Enrolled Copy H.B. 283
38553853 1898
38563854 minor.
38573855 1899
38583856 (3)(a) At the dispositional hearing described in Subsection 80-3-402(3), if a child
38593857 1900
38603858 remains in an out-of-home placement, the juvenile court shall:
38613859 1901
38623860 (i) make specific findings regarding the conditions of parent-time that are in the
3861+- 56 - 01-20 13:32 H.B. 283
38633862 1902
38643863 child's best interest; and
38653864 1903
38663865 (ii) if parent-time is denied, state the facts that justify the denial.
38673866 1904
38683867 (b) Parent-time shall be under the least restrictive conditions necessary to:
38693868 1905
38703869 (i) protect the physical safety of the child; or
38713870 1906
38723871 (ii) prevent the child from being traumatized by contact with the parent due to the
38733872 1907
38743873 child's fear of the parent in light of the nature of the alleged abuse or neglect.
38753874 1908
38763875 (c)(i) The division or the person designated by the division or a court to supervise a
38773876 1909
38783877 parent-time session may deny parent-time for the session if the division or the
38793878 1910
38803879 supervising person determines that, based on the parent's condition, it is necessary
38813880 1911
38823881 to deny parent-time to:
38833882 1912
38843883 (A) protect the physical safety of the child;
38853884 1913
38863885 (B) protect the life of the child; or
38873886 1914
38883887 (C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized
38893888 1915
38903889 by contact with the parent.
38913890 1916
38923891 (ii) In determining whether the condition of the parent described in Subsection
38933892 1917
38943893 (3)(c)(i) will traumatize a child, the division or the person supervising the
38953894 1918
38963895 parent-time session shall consider the impact that the parent's condition will have
38973896 1919
38983897 on the child in light of:
38993898 1920
39003899 (A) the child's fear of the parent; and
39013900 1921
39023901 (B) the nature of the alleged abuse or neglect.
39033902 1922
39043903 (4) Upon an adjudication under this chapter, the juvenile court may not:
39053904 1923
39063905 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
39073906 1924
39083907 Division of Juvenile Justice and Youth Services;
39093908 1925
39103909 (b) assume the function of developing foster home services; or
39113910 1926
39123911 (c) vest legal custody of an abused, neglected, or dependent minor in the division to
39133912 1927
39143913 primarily address the minor's ungovernable or other behavior, mental health, or
39153914 1928
39163915 disability, unless the division:
39173916 1929
39183917 (i) engages other relevant divisions within the department that are conducting an
39193918 1930
39203919 assessment of the minor and the minor's family's needs;
39213920 1931
39223921 (ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting
3923-- 57 - H.B. 283 Enrolled Copy
39243922 1932
39253923 custody of the minor in the division is the least restrictive intervention for the
39263924 1933
39273925 minor that meets the minor's needs; and
39283926 1934
39293927 (iii) consents to legal custody of the minor being vested in the division.
39303928 1935
39313929 (5) The juvenile court may combine the dispositions listed in Subsection (2) if combining
3930+- 57 - H.B. 283 01-20 13:32
39323931 1936
39333932 the dispositions is permissible and the dispositions are compatible.
39343933 1937
39353934 (6)(a) If, for a relative placement, an interstate placement requested under the Interstate
39363935 1938
39373936 Compact on the Placement of Children has been initiated by the division or is ordered
39383937 1939
39393938 by or pending before the juvenile court, the court may not finalize a non-relative
39403939 1940
39413940 placement unless the court gives due weight to:
39423941 1941
39433942 (i) the preferential consideration granted to a relative in Section 80-3-302;
39443943 1942
39453944 (ii) the rebuttable presumption in Section 80-3-302; and
39463945 1943
39473946 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
39483947 1944
39493948 and 80-3-303(1).
39503949 1945
39513950 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
39523951 1946
39533952 court under Subsection 80-3-502(3).
39543953 1947
39553954 Section 16. Section 80-3-406 is amended to read:
39563955 1948
39573956 80-3-406 . Permanency plan -- Reunification services.
39583957 1949
39593958 (1) If the juvenile court orders continued removal at the dispositional hearing under Section
39603959 1950
39613960 80-3-402, and that the minor remain in the custody of the division, the juvenile court
39623961 1951
39633962 shall first:
39643963 1952
39653964 (a) establish a primary permanency plan and a concurrent permanency plan for the minor
39663965 1953
39673966 in accordance with this section; and
39683967 1954
39693968 (b) determine whether, in view of the primary permanency plan, reunification services
39703969 1955
39713970 are appropriate for the minor and the minor's family under Subsections (5) through (8).
39723971 1956
39733972 (2)(a) The concurrent permanency plan shall include:
39743973 1957
39753974 (i) a representative list of the conditions under which the primary permanency plan
39763975 1958
39773976 will be abandoned in favor of the concurrent permanency plan; and
39783977 1959
39793978 (ii) an explanation of the effect of abandoning or modifying the primary permanency
39803979 1960
39813980 plan.
39823981 1961
39833982 (b) In determining the primary permanency plan and concurrent permanency plan, the
39843983 1962
39853984 juvenile court shall consider:
39863985 1963
39873986 (i) the preference for kinship placement over nonkinship placement, including the
39883987 1964
39893988 rebuttable presumption described in Subsection 80-3-302(7)(a);
39903989 1965
39913990 (ii) the potential for a guardianship placement if parental rights are terminated and no
3992-- 58 - Enrolled Copy H.B. 283
39933991 1966
39943992 appropriate adoption placement is available; and
39953993 1967
39963994 (iii) the use of an individualized permanency plan, only as a last resort.
39973995 1968
39983996 (3)(a) The juvenile court may amend a minor's primary permanency plan before the
39993997 1969
40003998 establishment of a final permanency plan under Section 80-3-409.
3999+- 58 - 01-20 13:32 H.B. 283
40014000 1970
40024001 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
40034002 1971
40044003 the event that the primary permanency plan is abandoned.
40054004 1972
40064005 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
40074006 1973
40084007 primary permanency plan, the juvenile court shall conduct a permanency hearing in
40094008 1974
40104009 accordance with Section 80-3-409 on or before the earlier of:
40114010 1975
40124011 (i) 30 days after the day on which the juvenile court makes the determination
40134012 1976
40144013 described in this Subsection (3)(c); or
40154014 1977
40164015 (ii) the day on which the provision of reunification services, described in Section
40174016 1978
40184017 80-3-409, ends.
40194018 1979
40204019 (4)(a) Because of the state's interest in and responsibility to protect and provide
40214020 1980
40224021 permanency for minors who are abused, neglected, or dependent, the Legislature
40234022 1981
40244023 finds that a parent's interest in receiving reunification services is limited.
40254024 1982
40264025 (b) The juvenile court may determine that:
40274026 1983
40284027 (i) efforts to reunify a minor with the minor's family are not reasonable or
40294028 1984
40304029 appropriate, based on the individual circumstances; and
40314030 1985
40324031 (ii) reunification services should not be provided.
40334032 1986
40344033 (c) In determining reasonable efforts to be made with respect to a minor, and in making
40354034 1987
40364035 reasonable efforts, the juvenile court and the division shall consider the minor's
40374036 1988
40384037 health, safety, and welfare as the paramount concern.
40394038 1989
40404039 (d) Subject to Subsection (4)(e), the juvenile court may not determine that reunification
40414040 1990
40424041 services should not be provided solely on the basis of a parent's agreement or
40434042 1991
40444043 disagreement with the minor's:
40454044 1992
40464045 (i) assertion that the minor's gender identity is different from the minor's biological
40474046 1993
40484047 sex;
40494048 1994
40504049 (ii) practice of having or expressing a different gender identity than the child's
40514050 1995
40524051 biological sex; or
40534052 1996
40544053 (iii) sexual orientation.
40554054 1997
40564055 (e) Subsection (4)(d) does not preclude the juvenile court from determining that
40574056 1998
40584057 reunification services should not be provided if the parent's agreement or
40594058 1999
40604059 disagreement with a minor as described in Subsection (4)(d) results in or is related to
4061-- 59 - H.B. 283 Enrolled Copy
40624060 2000
40634061 harm, as that term is defined in Section 80-1-102, to the minor.
40644062 2001
40654063 (5) There is a presumption that reunification services should not be provided to a parent if
40664064 2002
40674065 the juvenile court finds, by clear and convincing evidence, that any of the following
40684066 2003
40694067 circumstances exist:
4068+- 59 - H.B. 283 01-20 13:32
40704069 2004
40714070 (a) the whereabouts of the parents are unknown, based on a verified affidavit indicating
40724071 2005
40734072 that a reasonably diligent search has failed to locate the parent;
40744073 2006
40754074 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
40764075 2007
40774076 magnitude that the mental illness renders the parent incapable of utilizing
40784077 2008
40794078 reunification services;
40804079 2009
40814080 (c) the minor was previously adjudicated as an abused child due to physical abuse,
40824081 2010
40834082 sexual abuse, or sexual exploitation, and following the adjudication the child:
40844083 2011
40854084 (i) was removed from the custody of the minor's parent;
40864085 2012
40874086 (ii) was subsequently returned to the custody of the parent; and
40884087 2013
40894088 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
40904089 2014
40914090 exploitation;
40924091 2015
40934092 (d) the parent:
40944093 2016
40954094 (i) caused the death of another minor through abuse or neglect;
40964095 2017
40974096 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
40984097 2018
40994098 (A) murder or manslaughter of a minor; or
41004099 2019
41014100 (B) child abuse homicide;
41024101 2020
41034102 (iii) committed sexual abuse against the minor;
41044103 2021
41054104 (iv) is a registered sex offender or required to register as a sex offender; or
41064105 2022
41074106 (v)(A) intentionally, knowingly, or recklessly causes the death of another parent
41084107 2023
41094108 of the minor;
41104109 2024
41114110 (B) is identified by a law enforcement agency as the primary suspect in an
41124111 2025
41134112 investigation for intentionally, knowingly, or recklessly causing the death of
41144113 2026
41154114 another parent of the minor; or
41164115 2027
41174116 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
41184117 2028
41194118 recklessly causing the death of another parent of the minor;
41204119 2029
41214120 (e) the minor suffered severe abuse by the parent or by any individual known by the
41224121 2030
41234122 parent if the parent knew or reasonably should have known that the individual was
41244123 2031
41254124 abusing the minor;
41264125 2032
41274126 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent,
41284127 2033
41294128 and the juvenile court finds that it would not benefit the minor to pursue reunification
4130-- 60 - Enrolled Copy H.B. 283
41314129 2034
41324130 services with the offending parent;
41334131 2035
41344132 (g) the parent's rights are terminated with regard to any other minor;
41354133 2036
41364134 (h) the minor was removed from the minor's home on at least two previous occasions
41374135 2037
41384136 and reunification services were offered or provided to the family at those times;
4137+- 60 - 01-20 13:32 H.B. 283
41394138 2038
41404139 (i) the parent has abandoned the minor for a period of six months or longer;
41414140 2039
41424141 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
41434142 2040
41444143 location where the parent knew or should have known that a clandestine laboratory
41454144 2041
41464145 operation was located;
41474146 2042
41484147 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
41494148 2043
41504149 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder,
41514150 2044
41524151 or was exposed to an illegal or prescription drug that was abused by the minor's
41534152 2045
41544153 mother while the minor was in utero, if the minor was taken into division custody for
41554154 2046
41564155 that reason, unless the mother agrees to enroll in, is currently enrolled in, or has
41574156 2047
41584157 recently and successfully completed a substance use disorder treatment program
41594158 2048
41604159 approved by the department; or
41614160 2049
41624161 (l) subject to Subsection (4)(d), any other circumstance that the juvenile court
41634162 2050
41644163 determines should preclude reunification efforts or services.
41654164 2051
41664165 (6)(a) The juvenile court shall base the finding under Subsection (5)(b) on competent
41674166 2052
41684167 evidence from at least two medical or mental health professionals, who are not
41694168 2053
41704169 associates, establishing that, even with the provision of services, the parent is not
41714170 2054
41724171 likely to be capable of adequately caring for the minor within 12 months after the day
41734172 2055
41744173 on which the juvenile court finding is made.
41754174 2056
41764175 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
41774176 2057
41784177 court finds, under the circumstances of the case, that the substance use disorder
41794178 2058
41804179 treatment described in Subsection (5)(k) is not warranted.
41814180 2059
41824181 (7) In determining whether reunification services are appropriate, the juvenile court shall
41834182 2060
41844183 take into consideration:
41854184 2061
41864185 (a) failure of the parent to respond to previous services or comply with a previous child
41874186 2062
41884187 and family plan;
41894188 2063
41904189 (b) the fact that the minor was abused while the parent was under the influence of drugs
41914190 2064
41924191 or alcohol;
41934192 2065
41944193 (c) any history of violent behavior directed at the minor or an immediate family member;
41954194 2066
41964195 (d) whether a parent continues to live with an individual who abused the minor;
41974196 2067
41984197 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4199-- 61 - H.B. 283 Enrolled Copy
42004198 2068
42014199 (f) testimony by a competent professional that the parent's behavior is unlikely to be
42024200 2069
42034201 successful; and
42044202 2070
42054203 (g) whether the parent has expressed an interest in reunification with the minor.
42064204 2071
42074205 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification
4206+- 61 - H.B. 283 01-20 13:32
42084207 2072
42094208 services, a permanency hearing shall be conducted within 30 days in accordance with
42104209 2073
42114210 Section 80-3-409.
42124211 2074
42134212 (9)(a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that
42144213 2075
42154214 reunification services are appropriate for the minor and the minor's family, the
42164215 2076
42174216 juvenile court shall provide for reasonable parent-time with the parent or parents
42184217 2077
42194218 from whose custody the minor was removed, unless parent-time is not in the best
42204219 2078
42214220 interest of the minor.
42224221 2079
42234222 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
42244223 2080
42254224 finding that it is necessary to deny parent-time in order to:
42264225 2081
42274226 (i) protect the physical safety of the minor;
42284227 2082
42294228 (ii) protect the life of the minor; or
42304229 2083
42314230 (iii) prevent the minor from being traumatized by contact with the parent due to the
42324231 2084
42334232 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
42344233 2085
42354234 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
42364235 2086
42374236 solely on a parent's failure to:
42384237 2087
42394238 (i) prove that the parent has not used legal or illegal substances; or
42404239 2088
42414240 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
42424241 2089
42434242 court.
42444243 2090
42454244 (d) Parent-time shall be under the least restrictive conditions necessary to:
42464245 2091
42474246 (i) protect the physical safety of the child; or
42484247 2092
42494248 (ii) prevent the child from being traumatized by contact with the parent due to the
42504249 2093
42514250 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
42524251 2094
42534252 (e)(i) The division or the person designated by the division or a court to supervise a
42544253 2095
42554254 parent-time session may deny parent-time for the session if the division or the
42564255 2096
42574256 supervising person determines that, based on the parent's condition, it is necessary
42584257 2097
42594258 to deny parent-time to:
42604259 2098
42614260 (A) protect the physical safety of the child;
42624261 2099
42634262 (B) protect the life of the child; or
42644263 2100
42654264 (C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized
42664265 2101
42674266 by contact with the parent.
4268-- 62 - Enrolled Copy H.B. 283
42694267 2102
42704268 (ii) In determining whether the condition of the parent described in Subsection
42714269 2103
42724270 (9)(e)(i) will traumatize a child, the division or the person supervising the
42734271 2104
42744272 parent-time session shall consider the impact that the parent's condition will have
42754273 2105
42764274 on the child in light of:
4275+- 62 - 01-20 13:32 H.B. 283
42774276 2106
42784277 (A) the child's fear of the parent; and
42794278 2107
42804279 (B) the nature of the alleged abuse or neglect.
42814280 2108
42824281 (10)(a) If the juvenile court determines that reunification services are appropriate, the
42834282 2109
42844283 juvenile court shall order that the division make reasonable efforts to provide services
42854284 2110
42864285 to the minor and the minor's parent for the purpose of facilitating reunification of the
42874286 2111
42884287 family, for a specified period of time.
42894288 2112
42904289 (b) In providing the services described in Subsection (10)(a), the juvenile court and the
42914290 2113
42924291 division shall consider the minor's health, safety, and welfare as the paramount
42934292 2114
42944293 concern.
42954294 2115
42964295 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
42974296 2116
42984297 neglect are involved:
42994298 2117
43004299 (a) the juvenile court does not have any duty to order reunification services; and
43014300 2118
43024301 (b) the division does not have a duty to make reasonable efforts to or in any other way
43034302 2119
43044303 attempt to provide reunification services or attempt to rehabilitate the offending
43054304 2120
43064305 parent or parents.
43074306 2121
43084307 (12)(a) The juvenile court shall:
43094308 2122
43104309 (i) determine whether the services offered or provided by the division under the child
43114310 2123
43124311 and family plan constitute reasonable efforts on the part of the division;
43134312 2124
43144313 (ii) determine and define the responsibilities of the parent under the child and family
43154314 2125
43164315 plan in accordance with Subsection 80-3-307(5)(g)(iii); and
43174316 2126
43184317 (iii) identify verbally on the record, or in a written document provided to the parties,
43194318 2127
43204319 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting
43214320 2128
43224321 in any future determination regarding the provision of reasonable efforts, in
43234322 2129
43244323 accordance with state and federal law.
43254324 2130
43264325 (b) If the parent is in a substance use disorder treatment program, other than a certified
43274326 2131
43284327 drug court program, the juvenile court may order the parent:
43294328 2132
43304329 (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
43314330 2133
43324331 80-3-110(6), in addition to the testing recommended by the parent's substance use
43334332 2134
43344333 disorder program based on a finding of reasonable suspicion that the parent is
43354334 2135
43364335 abusing drugs or alcohol; and
4337-- 63 - H.B. 283 Enrolled Copy
43384336 2136
43394337 (ii) to provide the results of drug or alcohol testing recommended by the substance
43404338 2137
43414339 use disorder program to the juvenile court or division.
43424340 2138
43434341 (13)(a) The time period for reunification services may not exceed 12 months from the
43444342 2139
43454343 day on which the minor was initially removed from the minor's home, unless the time
4344+- 63 - H.B. 283 01-20 13:32
43464345 2140
43474346 period is extended under Subsection 80-3-409(7).
43484347 2141
43494348 (b) This section does not entitle any parent to an entire 12 months of reunification
43504349 2142
43514350 services.
43524351 2143
43534352 (14)(a) If reunification services are ordered, the juvenile court may terminate those
43544353 2144
43554354 services at any time.
43564355 2145
43574356 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to
43584357 2146
43594358 be inconsistent with the final permanency plan for the minor established under
43604359 2147
43614360 Section 80-3-409, then measures shall be taken, in a timely manner, to:
43624361 2148
43634362 (i) place the minor in accordance with the final permanency plan; and
43644363 2149
43654364 (ii) complete whatever steps are necessary to finalize the permanent placement of the
43664365 2150
43674366 minor.
43684367 2151
43694368 (15) Any physical custody of the minor by the parent or a relative during the period
43704369 2152
43714370 described in Subsections (10) through (14) does not interrupt the running of the period.
43724371 2153
43734372 (16)(a) If reunification services are ordered, the juvenile court shall conduct a
43744373 2154
43754374 permanency hearing in accordance with Section 80-3-409 before the day on which
43764375 2155
43774376 the time period for reunification services expires.
43784377 2156
43794378 (b) The permanency hearing shall be held no later than 12 months after the original
43804379 2157
43814380 removal of the minor.
43824381 2158
43834382 (c) If reunification services are not ordered, a permanency hearing shall be conducted
43844383 2159
43854384 within 30 days in accordance with Section 80-3-409.
43864385 2160
43874386 (17) With regard to a minor in the custody of the division whose parent or parents are
43884387 2161
43894388 ordered to receive reunification services but who have abandoned that minor for a period
43904389 2162
43914390 of six months from the day on which reunification services are ordered:
43924391 2163
43934392 (a) the juvenile court shall terminate reunification services; and
43944393 2164
43954394 (b) the division shall petition the juvenile court for termination of parental rights.
43964395 2165
43974396 (18) When a minor is under the custody of the division and has been separated from a
43984397 2166
43994398 sibling due to foster care or adoptive placement, a juvenile court may order sibling
44004399 2167
44014400 visitation, subject to the division obtaining consent from the sibling's guardian,
44024401 2168
44034402 according to the juvenile court's determination of the best interests of the minor for
44044403 2169
44054404 whom the hearing is held.
4406-- 64 - Enrolled Copy H.B. 283
44074405 2170
44084406 (19)(a) If reunification services are not ordered under this section, and the whereabouts
44094407 2171
44104408 of a parent becomes known within six months after the day on which the out-of-home
44114409 2172
44124410 placement of the minor is made, the juvenile court may order the division to provide
44134411 2173
44144412 reunification services.
4413+- 64 - 01-20 13:32 H.B. 283
44154414 2174
44164415 (b) The time limits described in this section are not tolled by the parent's absence.
44174416 2175
44184417 (20)(a) If a parent is incarcerated or institutionalized, the juvenile court shall order
44194418 2176
44204419 reasonable services unless the juvenile court determines that those services would be
44214420 2177
44224421 detrimental to the minor.
44234422 2178
44244423 (b) In making the determination described in Subsection (20)(a), the juvenile court shall
44254424 2179
44264425 consider:
44274426 2180
44284427 (i) the age of the minor;
44294428 2181
44304429 (ii) the degree of parent-child bonding;
44314430 2182
44324431 (iii) the length of the sentence;
44334432 2183
44344433 (iv) the nature of the treatment;
44354434 2184
44364435 (v) the nature of the crime or illness;
44374436 2185
44384437 (vi) the degree of detriment to the minor if services are not offered;
44394438 2186
44404439 (vii) for a minor who is 10 years old or older, the minor's attitude toward the
44414440 2187
44424441 implementation of family reunification services; and
44434442 2188
44444443 (viii) any other appropriate factors.
44454444 2189
44464445 (c) Reunification services for an incarcerated parent are subject to the time limitations
44474446 2190
44484447 imposed in this section.
44494448 2191
44504449 (d) Reunification services for an institutionalized parent are subject to the time
44514450 2192
44524451 limitations imposed in this section, unless the juvenile court determines that
44534452 2193
44544453 continued reunification services would be in the minor's best interest.
44554454 2194
44564455 Section 17. Section 80-3-407 is amended to read:
44574456 2195
44584457 80-3-407 . Six-month review hearing -- Findings regarding reasonable efforts by
44594458 2196
44604459 division -- Findings regarding child and family plan compliance.
44614460 2197
44624461 (1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406,
44634462 2198
44644463 the juvenile court shall hold a hearing no more than six months after the day on which
44654464 2199
44664465 the minor is initially removed from the minor's home, in order for the juvenile court to
44674466 2200
44684467 determine whether:
44694468 2201
44704469 (a) the division has provided and is providing reasonable efforts to reunify the family in
44714470 2202
44724471 accordance with the child and family plan;
44734472 2203
44744473 (b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to
4475-- 65 - H.B. 283 Enrolled Copy
44764474 2204
44774475 comply with the requirements of the child and family plan; and
44784476 2205
44794477 (c) the division considered the preferential consideration and rebuttable presumption
44804478 2206
44814479 described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c).
44824480 2207
44834481 (2)(a) At the hearing described in Subsection (1), if a child remains in an out-of-home
4482+- 65 - H.B. 283 01-20 13:32
44844483 2208
44854484 placement, the juvenile court shall:
44864485 2209
44874486 (i) make specific findings regarding the conditions of parent-time that are in the
44884487 2210
44894488 child's best interest; and
44904489 2211
44914490 (ii) if parent-time is denied, state the facts that justify the denial.
44924491 2212
44934492 (b) Parent-time shall be under the least restrictive conditions necessary to:
44944493 2213
44954494 (i) protect the physical safety of the child; or
44964495 2214
44974496 (ii) prevent the child from being traumatized by contact with the parent due to the
44984497 2215
44994498 child's fear of the parent in light of the nature of the alleged abuse or neglect.
45004499 2216
45014500 (c)(i) The division or the person designated by the division or a court to supervise a
45024501 2217
45034502 parent-time session may deny parent-time for the session if the division or the
45044503 2218
45054504 supervising person determines that, based on the parent's condition, it is necessary
45064505 2219
45074506 to deny parent-time to:
45084507 2220
45094508 (A) protect the physical safety of the child;
45104509 2221
45114510 (B) protect the life of the child; or
45124511 2222
45134512 (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized
45144513 2223
45154514 by contact with the parent.
45164515 2224
45174516 (ii) In determining whether the condition of the parent described in Subsection
45184517 2225
45194518 (2)(c)(i) will traumatize a child, the division or the person supervising the
45204519 2226
45214520 parent-time session shall consider the impact that the parent's condition will have
45224521 2227
45234522 on the child in light of:
45244523 2228
45254524 (A) the child's fear of the parent; and
45264525 2229
45274526 (B) the nature of the alleged abuse or neglect.
45284527 2230
45294528 (3)(a) If, for a relative placement, an interstate placement requested under the Interstate
45304529 2231
45314530 Compact on the Placement of Children has been initiated by the division or is ordered
45324531 2232
45334532 by or pending before the juvenile court, the court may not finalize a non-relative
45344533 2233
45354534 placement unless the court gives due weight to:
45364535 2234
45374536 (i) the preferential consideration granted to a relative in Section 80-3-302;
45384537 2235
45394538 (ii) the rebuttable presumption in Section 80-3-302; and
45404539 2236
45414540 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
45424541 2237
45434542 and 80-3-303(1).
4544-- 66 - Enrolled Copy H.B. 283
45454543 2238
45464544 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
45474545 2239
45484546 court under Subsection 80-3-502(3).
45494547 2240
45504548 Section 18. Section 80-3-409 is amended to read:
45514549 2241
45524550 80-3-409 . Permanency hearing -- Final plan -- Petition for termination of
4551+- 66 - 01-20 13:32 H.B. 283
45534552 2242
45544553 parental rights filed -- Hearing on termination of parental rights.
45554554 2243
45564555 (1)(a) If reunification services are ordered under Section 80-3-406, with regard to a
45574556 2244
45584557 minor who is in the custody of the division, the juvenile court shall hold a
45594558 2245
45604559 permanency hearing no later than 12 months after the day on which the minor is
45614560 2246
45624561 initially removed from the minor's home.
45634562 2247
45644563 (b) If reunification services are not ordered at the dispositional hearing, the juvenile
45654564 2248
45664565 court shall hold a permanency hearing within 30 days after the day on which the
45674566 2249
45684567 dispositional hearing ends.
45694568 2250
45704569 (2)(a) If reunification services are ordered in accordance with Section 80-3-406, the
45714570 2251
45724571 juvenile court shall, at the permanency hearing, determine, consistent with
45734572 2252
45744573 Subsection (3), whether the minor may safely be returned to the custody of the
45754574 2253
45764575 minor's parent.
45774576 2254
45784577 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
45794578 2255
45804579 minor to the minor's parent would create a substantial risk of detriment to the minor's
45814580 2256
45824581 physical or emotional well-being, the minor may not be returned to the custody of the
45834582 2257
45844583 minor's parent.
45854584 2258
45864585 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
45874586 2259
45884587 substantial risk of detriment to the minor is established if:
45894588 2260
45904589 (i) the parent or guardian fails to:
45914590 2261
45924591 (A) participate in a court approved child and family plan;
45934592 2262
45944593 (B) comply with a court approved child and family plan in whole or in part; or
45954594 2263
45964595 (C) meet the goals of a court approved child and family plan; or
45974596 2264
45984597 (ii) the minor's natural parent:
45994598 2265
46004599 (A) intentionally, knowingly, or recklessly causes the death of another parent of
46014600 2266
46024601 the minor;
46034602 2267
46044603 (B) is identified by a law enforcement agency as the primary suspect in an
46054604 2268
46064605 investigation for intentionally, knowingly, or recklessly causing the death of
46074606 2269
46084607 another parent of the minor; or
46094608 2270
46104609 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
46114610 2271
46124611 recklessly causing the death of another parent of the minor.
4613-- 67 - H.B. 283 Enrolled Copy
46144612 2272
46154613 (3) In making a determination under Subsection (2)(a), the juvenile court shall:
46164614 2273
46174615 (a) review and consider:
46184616 2274
46194617 (i) the report prepared by the division;
46204618 2275
46214619 (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered
4620+- 67 - H.B. 283 01-20 13:32
46224621 2276
46234622 by the minor's attorney guardian ad litem;
46244623 2277
46254624 (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i);
46264625 2278
46274626 (iv) any evidence regarding the efforts or progress demonstrated by the parent; and
46284627 2279
46294628 (v) the extent to which the parent cooperated and used the services provided; and
46304629 2280
46314630 (b) attempt to keep the minor's sibling group together if keeping the sibling group
46324631 2281
46334632 together is:
46344633 2282
46354634 (i) practicable; and
46364635 2283
46374636 (ii) in accordance with the best interest of the minor.
46384637 2284
46394638 (4) With regard to a case where reunification services are ordered by the juvenile court, if a
46404639 2285
46414640 minor is not returned to the minor's parent or guardian at the permanency hearing, the
46424641 2286
46434642 juvenile court shall, unless the time for the provision of reunification services is
46444643 2287
46454644 extended under Subsection (7):
46464645 2288
46474646 (a) order termination of reunification services to the parent;
46484647 2289
46494648 (b) make a final determination regarding whether termination of parental rights,
46504649 2290
46514650 adoption, or permanent custody and guardianship is the most appropriate final plan
46524651 2291
46534652 for the minor, taking into account the minor's primary permanency plan established
46544653 2292
46554654 by the juvenile court under Section 80-3-406; and
46564655 2293
46574656 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
46584657 2294
46594658 that identifies the second most appropriate final plan for the minor, if appropriate.
46604659 2295
46614660 (5) The juvenile court may order another planned permanent living arrangement other than
46624661 2296
46634662 reunification for a minor who is 16 years old or older upon entering the following
46644663 2297
46654664 findings:
46664665 2298
46674666 (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify
46684667 2299
46694668 the minor with the minor's parent or parents, or to secure a placement for the minor
46704669 2300
46714670 with a guardian, an adoptive parent, or an individual described in Subsection 80-3-301
46724671 2301
46734672 (6)(e);
46744673 2302
46754674 (b) the division has demonstrated that the division has made efforts to normalize the life
46764675 2303
46774676 of the minor while in the division's custody, in accordance with Section 80-2-308;
46784677 2304
46794678 (c) the minor prefers another planned permanent living arrangement; and
46804679 2305
46814680 (d) there is a compelling reason why reunification or a placement described in
4682-- 68 - Enrolled Copy H.B. 283
46834681 2306
46844682 Subsection (5)(a) is not in the minor's best interest.
46854683 2307
46864684 (6) Except as provided in Subsection (7), the juvenile court may not extend reunification
46874685 2308
46884686 services beyond 12 months after the day on which the minor is initially removed from
46894687 2309
46904688 the minor's home, in accordance with the provisions of Section 80-3-406.
4689+- 68 - 01-20 13:32 H.B. 283
46914690 2310
46924691 (7)(a) Subject to Subsection (7)(b), the juvenile court may extend reunification services
46934692 2311
46944693 for no more than 90 days if the juvenile court finds, by a preponderance of the
46954694 2312
46964695 evidence, that:
46974696 2313
46984697 (i) there has been substantial compliance with the child and family plan;
46994698 2314
47004699 (ii) reunification is probable within that 90-day period; and
47014700 2315
47024701 (iii) the extension is in the best interest of the minor.
47034702 2316
47044703 (b)(i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
47054704 2317
47064705 reunification services beyond 15 months after the day on which the minor is
47074706 2318
47084707 initially removed from the minor's home.
47094708 2319
47104709 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide
47114710 2320
47124711 a basis for the juvenile court to extend services for the parent beyond the
47134712 2321
47144713 12-month period described in Subsection (6).
47154714 2322
47164715 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
47174716 2323
47184717 services for one additional 90-day period, beyond the 90-day period described in
47194718 2324
47204719 Subsection (7)(a), if:
47214720 2325
47224721 (i) the juvenile court finds, by clear and convincing evidence, that:
47234722 2326
47244723 (A) the parent has substantially complied with the child and family plan;
47254724 2327
47264725 (B) it is likely that reunification will occur within the additional 90-day period; and
47274726 2328
47284727 (C) the extension is in the best interest of the minor;
47294728 2329
47304729 (ii) the juvenile court specifies the facts upon which the findings described in
47314730 2330
47324731 Subsection (7)(c)(i) are based; and
47334732 2331
47344733 (iii) the juvenile court specifies the time period in which it is likely that reunification
47354734 2332
47364735 will occur.
47374736 2333
47384737 (d) A juvenile court may not extend the time period for reunification services without
47394738 2334
47404739 complying with the requirements of this Subsection (7) before the extension.
47414740 2335
47424741 (e) In determining whether to extend reunification services for a minor, a juvenile court
47434742 2336
47444743 shall take into consideration the status of the minor siblings of the minor.
47454744 2337
47464745 (8)(a) At the permanency hearing, if a child remains in an out-of-home placement, the
47474746 2338
47484747 juvenile court shall:
47494748 2339
47504749 (i) make specific findings regarding the conditions of parent-time that are in the
4751-- 69 - H.B. 283 Enrolled Copy
47524750 2340
47534751 child's best interest; and
47544752 2341
47554753 (ii) if parent-time is denied, state the facts that justify the denial.
47564754 2342
47574755 (b) Parent-time shall be under the least restrictive conditions necessary to:
47584756 2343
47594757 (i) protect the physical safety of the child; or
4758+- 69 - H.B. 283 01-20 13:32
47604759 2344
47614760 (ii) prevent the child from being traumatized by contact with the parent due to the
47624761 2345
47634762 child's fear of the parent in light of the nature of the alleged abuse or neglect.
47644763 2346
47654764 (c)(i) The division or the person designated by the division or a court to supervise a
47664765 2347
47674766 parent-time session may deny parent-time for the session if the division or the
47684767 2348
47694768 supervising person determines that, based on the parent's condition, it is necessary
47704769 2349
47714770 to deny parent-time to:
47724771 2350
47734772 (A) protect the physical safety of the child;
47744773 2351
47754774 (B) protect the life of the child; or
47764775 2352
47774776 (C) consistent with Subsection (8)(c)(ii), prevent the child from being traumatized
47784777 2353
47794778 by contact with the parent.
47804779 2354
47814780 (ii) In determining whether the condition of the parent described in Subsection
47824781 2355
47834782 (8)(c)(i) will traumatize a child, the division or the person supervising the
47844783 2356
47854784 parent-time session shall consider the impact that the parent's condition will have
47864785 2357
47874786 on the child in light of:
47884787 2358
47894788 (A) the child's fear of the parent; and
47904789 2359
47914790 (B) the nature of the alleged abuse or neglect.
47924791 2360
47934792 (9) The juvenile court may, in the juvenile court's discretion:
47944793 2361
47954794 (a) enter any additional order that the juvenile court determines to be in the best interest
47964795 2362
47974796 of the minor, so long as that order does not conflict with the requirements and
47984797 2363
47994798 provisions of Subsections (4) through (8); or
48004799 2364
48014800 (b) order the division to provide protective supervision or other services to a minor and
48024801 2365
48034802 the minor's family after the division's custody of a minor is terminated.
48044803 2366
48054804 (10)(a) If the final plan for the minor is to proceed toward termination of parental rights,
48064805 2367
48074806 the petition for termination of parental rights shall be filed, and a pretrial held, within
48084807 2368
48094808 45 calendar days after the day on which the permanency hearing is held.
48104809 2369
48114810 (b) If the division opposes the plan to terminate parental rights, the juvenile court may
48124811 2370
48134812 not require the division to file a petition for the termination of parental rights, except
48144813 2371
48154814 as required under Subsection 80-4-203(2).
48164815 2372
48174816 (11)(a) Any party to an action may, at any time, petition the juvenile court for an
48184817 2373
48194818 expedited permanency hearing on the basis that continuation of reunification efforts
4820-- 70 - Enrolled Copy H.B. 283
48214819 2374
48224820 are inconsistent with the permanency needs of the minor.
48234821 2375
48244822 (b) If the juvenile court so determines, the juvenile court shall order, in accordance with
48254823 2376
48264824 federal law, that:
48274825 2377
48284826 (i) the minor be placed in accordance with the permanency plan; and
4827+- 70 - 01-20 13:32 H.B. 283
48294828 2378
48304829 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
48314830 2379
48324831 completed as quickly as possible.
48334832 2380
48344833 (12) Nothing in this section may be construed to:
48354834 2381
48364835 (a) entitle any parent to reunification services for any specified period of time;
48374836 2382
48384837 (b) limit a juvenile court's ability to terminate reunification services at any time before a
48394838 2383
48404839 permanency hearing; or
48414840 2384
48424841 (c) limit or prohibit the filing of a petition for termination of parental rights by any party,
48434842 2385
48444843 or a hearing on termination of parental rights, at any time before a permanency
48454844 2386
48464845 hearing provided that relative placement and custody options have been fairly
48474846 2387
48484847 considered in accordance with Sections 80-2a-201 and 80-4-104.
48494848 2388
48504849 (13)(a) Subject to Subsection (13)(b), if a petition for termination of parental rights is
48514850 2389
48524851 filed before the date scheduled for a permanency hearing, the juvenile court may
48534852 2390
48544853 consolidate the hearing on termination of parental rights with the permanency hearing.
48554854 2391
48564855 (b) For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on
48574856 2392
48584857 termination of parental rights with the permanency hearing:
48594858 2393
48604859 (i) the juvenile court shall first make a finding regarding whether reasonable efforts
48614860 2394
48624861 have been made by the division to finalize the permanency plan for the minor; and
48634862 2395
48644863 (ii) any reunification services shall be terminated in accordance with the time lines
48654864 2396
48664865 described in Section 80-3-406.
48674866 2397
48684867 (c) The juvenile court shall make a decision on a petition for termination of parental
48694868 2398
48704869 rights within 18 months after the day on which the minor is initially removed from
48714870 2399
48724871 the minor's home.
48734872 2400
48744873 (14)(a) If a juvenile court determines that a minor will not be returned to a parent of the
48754874 2401
48764875 minor, the juvenile court shall consider appropriate placement options inside and
48774876 2402
48784877 outside of the state.
48794878 2403
48804879 (b) In considering appropriate placement options under Subsection (14)(a), the juvenile
48814880 2404
48824881 court shall provide preferential consideration to a relative's request for placement of
48834882 2405
48844883 the minor.
48854884 2406
48864885 (15)(a) In accordance with Section 80-3-108, if a minor 14 years old or older desires an
48874886 2407
48884887 opportunity to address the juvenile court or testify regarding permanency or
4889-- 71 - H.B. 283 Enrolled Copy
48904888 2408
48914889 placement, the juvenile court shall give the minor's wishes added weight, but may not
48924890 2409
48934891 treat the minor's wishes as the single controlling factor under this section.
48944892 2410
48954893 (b) If the juvenile court's decision under this section differs from a minor's express
48964894 2411
48974895 wishes if the minor is of sufficient maturity to articulate the wishes in relation to
4896+- 71 - H.B. 283 01-20 13:32
48984897 2412
48994898 permanency or the minor's placement, the juvenile court shall make findings
49004899 2413
49014900 explaining why the juvenile court's decision differs from the minor's wishes.
49024901 2414
49034902 (16)(a) If, for a relative placement, an interstate placement requested under the Interstate
49044903 2415
49054904 Compact on the Placement of Children has been initiated by the division or is ordered
49064905 2416
49074906 by or pending before the juvenile court, the court may not finalize a non-relative
49084907 2417
49094908 placement unless the court gives due weight to:
49104909 2418
49114910 (i) the preferential consideration granted to a relative in Section 80-3-302;
49124911 2419
49134912 (ii) the rebuttable presumption in Section 80-3-302; and
49144913 2420
49154914 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
49164915 2421
49174916 and 80-3-303(1).
49184917 2422
49194918 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
49204919 2423
49214920 court under Subsection 80-3-502(3).
49224921 2424
49234922 Section 19. Section 81-9-101 is amended to read:
49244923 2425
49254924 81-9-101 . Definitions for chapter.
49264925 2426
49274926 As used in this chapter:
49284927 2427
49294928 (1) "Abuse" means the same as that term is defined in Section 80-1-102.
49304929 2428
49314930 (2)(a) "Custodial responsibility" means all powers and duties relating to caretaking
49324931 2429
49334932 authority and decision-making authority for a minor child.
49344933 2430
49354934 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time,
49364935 2431
49374936 right to access, parent-time, and authority to grant limited contact with a minor child.
49384937 2432
49394938 (3) "Domestic violence" means the same as that term is defined in Section 77-36-1.
49404939 2433
49414940 (4) "Gender identity" means the same as that term is defined in Section 34A-5-102.
49424941 2434
49434942 [(4)] (5) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers
49444943 2435
49454944 of a parent by both parents, where specified.
49464945 2436
49474946 [(5)] (6) "Joint physical custody" means the minor child stays with each parent overnight for
49484947 2437
49494948 more than 30% of the year and both parents contribute to the expenses of the minor child
49504949 2438
49514950 in addition to paying child support.
49524951 2439
49534952 [(6)] (7)(a) "Parenting functions" means those aspects of the parent-child relationship in
49544953 2440
49554954 which the parent makes decisions and performs functions necessary for the care and
49564955 2441
49574956 growth of the minor child.
4958-- 72 - Enrolled Copy H.B. 283
49594957 2442
49604958 (b) "Parenting functions" include:
49614959 2443
49624960 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor
49634961 2444
49644962 child;
49654963 2445
49664964 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical
4965+- 72 - 01-20 13:32 H.B. 283
49674966 2446
49684967 care, grooming, supervision, health care, day care, and engaging in other activities
49694968 2447
49704969 which are appropriate to the developmental level of the minor child and that are
49714970 2448
49724971 within the social and economic circumstances of the particular family;
49734972 2449
49744973 (iii) attending to adequate education for the minor child, including remedial or other
49754974 2450
49764975 education essential to the best interest of the minor child;
49774976 2451
49784977 (iv) assisting the minor child in developing and maintaining appropriate interpersonal
49794978 2452
49804979 relationships;
49814980 2453
49824981 (v) exercising appropriate judgment regarding the minor child's welfare, consistent
49834982 2454
49844983 with the minor child's developmental level and family social and economic
49854984 2455
49864985 circumstances; and
49874986 2456
49884987 (vi) providing for the financial support of the minor child.
49894988 2457
49904989 [(7)] (8)(a) "Parenting plan" means a plan for parenting a minor child.
49914990 2458
49924991 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated
49934992 2459
49944993 in any final decree or decree of modification including an action for dissolution of
49954994 2460
49964995 marriage, annulment, legal separation, or paternity.
49974996 2461
49984997 [(8)] (9) "Protective order" means:
49994998 2462
50004999 (a) a civil protective order, as that term is defined in Section 78B-7-102;
50015000 2463
50025001 (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
50035002 2464
50045003 (c) a foreign protection order, as that term is defined in Section 78B-7-302.
50055004 2465
50065005 [(9)] (10) "Psychological maltreatment" means a repeated pattern or extreme incident of
50075006 2466
50085007 caretaker behavior that:
50095008 2467
50105009 (a) intentionally thwarts a minor child's basic psychological needs, including physical
50115010 2468
50125011 and psychological safety, cognitive stimulation, and respect;
50135012 2469
50145013 (b) conveys that a minor child is worthless, defective, or expendable; and
50155014 2470
50165015 (c) may terrorize a minor child.
50175016 2471
50185017 [(10)] (11) " Service member" means a member of a uniformed service.
50195018 2472
50205019 [(11)] (12) "Sexual abuse" means the same as that term is defined in Section 80-1-102.
50215020 2473
50225021 [(12)] (13) "Supervised parent-time" means parent-time that requires the noncustodial parent
50235022 2474
50245023 to be accompanied during parent-time by an individual approved by the court.
50255024 2475
50265025 [(13)] (14) "Surrogate care" means care by any individual other than the parent of the minor
5027-- 73 - H.B. 283 Enrolled Copy
50285026 2476
50295027 child.
50305028 2477
50315029 [(14)] (15) "Uniformed service" means:
50325030 2478
50335031 (a) active and reserve components of the United States Armed Forces;
50345032 2479
50355033 (b) the United States Merchant Marine;
5034+- 73 - H.B. 283 01-20 13:32
50365035 2480
50375036 (c) the commissioned corps of the United States Public Health Service;
50385037 2481
50395038 (d) the commissioned corps of the National Oceanic and Atmospheric Administration of
50405039 2482
50415040 the United States; or
50425041 2483
50435042 (e) the National Guard of a state.
50445043 2484
50455044 [(15)] (16) "Uninterrupted time" means parent-time exercised by one parent without
50465045 2485
50475046 interruption at any time by the presence of the other parent.
50485047 2486
50495048 [(16)] (17) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
50505049 2487
50515050 email, instant messaging, video conferencing, and other wired or wireless technologies
50525051 2488
50535052 over the Internet or other communication media, to supplement in-person visits between
50545053 2489
50555054 a noncustodial parent and a minor child or between a minor child and the custodial
50565055 2490
50575056 parent when the minor child is staying with the noncustodial parent.
50585057 2491
50595058 Section 20. Section 81-9-204 is amended to read:
50605059 2492
50615060 81-9-204 . Custody and parent-time of a minor child -- Custody factors --
50625061 2493
50635062 Preferences.
50645063 2494
50655064 (1) In a proceeding between parents in which the custody and parent-time of a minor child
50665065 2495
50675066 is at issue, the court shall consider the best interests of the minor child in determining
50685067 2496
50695068 any form of custody and parent-time.
50705069 2497
50715070 (2) The court shall determine whether an order for custody or parent-time is in the best
50725071 2498
50735072 interests of the minor child by a preponderance of the evidence.
50745073 2499
50755074 (3) In determining any form of custody and parent-time under Subsection (1), the court
50765075 2500
50775076 shall consider:
50785077 2501
50795078 (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic
50805079 2502
50815080 violence, physical abuse, or sexual abuse involving the minor child, the parent, or a
50825081 2503
50835082 household member of the parent;
50845083 2504
50855084 (b) whether the parent has intentionally exposed the minor child to pornography or
50865085 2505
50875086 material harmful to minors, as "material" and "harmful to minors" are defined in
50885087 2506
50895088 Section 76-10-1201; and
50905089 2507
50915090 (c) whether custody and parent-time would endanger the minor child's health or physical
50925091 2508
50935092 or psychological safety.
50945093 2509
50955094 (4) In determining the form of custody and parent-time that is in the best interests of the
5096-- 74 - Enrolled Copy H.B. 283
50975095 2510
50985096 minor child, the court may consider, among other factors the court finds relevant, the
50995097 2511
51005098 following for each parent:
51015099 2512
51025100 (a) evidence of psychological maltreatment;
51035101 2513
51045102 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the
5103+- 74 - 01-20 13:32 H.B. 283
51055104 2514
51065105 developmental needs of the minor child, including the minor child's:
51075106 2515
51085107 (i) physical needs;
51095108 2516
51105109 (ii) emotional needs;
51115110 2517
51125111 (iii) educational needs;
51135112 2518
51145113 (iv) medical needs; and
51155114 2519
51165115 (v) any special needs;
51175116 2520
51185117 (c) the parent's capacity and willingness to function as a parent, including:
51195118 2521
51205119 (i) parenting skills;
51215120 2522
51225121 (ii) co-parenting skills, including:
51235122 2523
51245123 (A) ability to appropriately communicate with the other parent;
51255124 2524
51265125 (B) ability to encourage the sharing of love and affection; and
51275126 2525
51285127 (C) willingness to allow frequent and continuous contact between the minor child
51295128 2526
51305129 and the other parent, except that, if the court determines that the parent is
51315130 2527
51325131 acting to protect the minor child from domestic violence, neglect, or abuse, the
51335132 2528
51345133 parent's protective actions may be taken into consideration; and
51355134 2529
51365135 (iii) ability to provide personal care rather than surrogate care;
51375136 2530
51385137 (d) the past conduct and demonstrated moral character of the parent as described in
51395138 2531
51405139 Subsection (9);
51415140 2532
51425141 (e) the emotional stability of the parent;
51435142 2533
51445143 (f) the parent's inability to function as a parent because of drug abuse, excessive
51455144 2534
51465145 drinking, or other causes;
51475146 2535
51485147 (g) the parent's reason for having relinquished custody or parent-time in the past;
51495148 2536
51505149 (h) duration and depth of desire for custody or parent-time;
51515150 2537
51525151 (i) the parent's religious compatibility with the minor child;
51535152 2538
51545153 (j) the parent's financial responsibility;
51555154 2539
51565155 (k) the child's interaction and relationship with step-parents, extended family members
51575156 2540
51585157 of other individuals who may significantly affect the minor child's best interests;
51595158 2541
51605159 (l) who has been the primary caretaker of the minor child;
51615160 2542
51625161 (m) previous parenting arrangements in which the minor child has been happy and
51635162 2543
51645163 well-adjusted in the home, school, and community;
5165-- 75 - H.B. 283 Enrolled Copy
51665164 2544
51675165 (n) the relative benefit of keeping siblings together;
51685166 2545
51695167 (o) the stated wishes and concerns of the minor child, taking into consideration the
51705168 2546
51715169 minor child's cognitive ability and emotional maturity;
51725170 2547
51735171 (p) the relative strength of the minor child's bond with the parent, meaning the depth,
5172+- 75 - H.B. 283 01-20 13:32
51745173 2548
51755174 quality, and nature of the relationship between the parent and the minor child; and
51765175 2549
51775176 (q) any other factor the court finds relevant.
51785177 2550
51795178 (5)(a) A minor child may not be required by either party to testify unless the trier of fact
51805179 2551
51815180 determines that extenuating circumstances exist that would necessitate the testimony
51825181 2552
51835182 of the minor child be heard and there is no other reasonable method to present the
51845183 2553
51855184 minor child's testimony.
51865185 2554
51875186 (b)(i) The court may inquire and take into consideration the minor child's desires
51885187 2555
51895188 regarding future custody or parent-time schedules, but the expressed desires are
51905189 2556
51915190 not controlling and the court may determine the minor child's custody or
51925191 2557
51935192 parent-time otherwise.
51945193 2558
51955194 (ii) The desires of a minor child who is 14 years old or older shall be given added
51965195 2559
51975196 weight, but is not the single controlling factor.
51985197 2560
51995198 (c)(i) If an interview with a minor child is conducted by the court in accordance with
52005199 2561
52015200 Subsection (5)(b), the interview shall be conducted by the court in camera.
52025201 2562
52035202 (ii) The prior consent of the parties may be obtained but is not necessary if the court
52045203 2563
52055204 finds that an interview with a minor child is the only method to ascertain the
52065205 2564
52075206 minor child's desires regarding custody.
52085207 2565
52095208 (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a
52105209 2566
52115210 parent due to a disability, as defined in Section 57-21-2, in awarding custody or
52125211 2567
52135212 determining whether a substantial change has occurred for the purpose of modifying
52145213 2568
52155214 an award of custody.
52165215 2569
52175216 (b) The court may not consider the disability of a parent as a factor in awarding custody
52185217 2570
52195218 or modifying an award of custody based on a determination of a substantial change in
52205219 2571
52215220 circumstances, unless the court makes specific findings that:
52225221 2572
52235222 (i) the disability significantly or substantially inhibits the parent's ability to provide
52245223 2573
52255224 for the physical and emotional needs of the minor child at issue; and
52265225 2574
52275226 (ii) the parent with a disability lacks sufficient human, monetary, or other resources
52285227 2575
52295228 available to supplement the parent's ability to provide for the physical and
52305229 2576
52315230 emotional needs of the minor child at issue.
52325231 2577
52335232 (c) Nothing in this section may be construed to apply to adoption proceedings under
5234-- 76 - Enrolled Copy H.B. 283
52355233 2578
52365234 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
52375235 2579
52385236 (7) This section does not establish:
52395237 2580
52405238 (a) a preference for either parent solely because of the gender of the parent; or
52415239 2581
52425240 (b) a preference for or against joint physical custody or sole physical custody, but allows
5241+- 76 - 01-20 13:32 H.B. 283
52435242 2582
52445243 the court and the family the widest discretion to choose a parenting plan that is in the
52455244 2583
52465245 best interest of the minor child.
52475246 2584
52485247 (8) When an issue before the court involves custodial responsibility in the event of a
52495248 2585
52505249 deployment of a parent who is a service member and the service member has not yet
52515250 2586
52525251 been notified of deployment, the court shall resolve the issue based on the standards in
52535252 2587
52545253 Sections 78B-20-306 through 78B-20-309.
52555254 2588
52565255 (9) In considering the past conduct and demonstrated moral standards of each party under
52575256 2589
52585257 Subsection (4)(d) or any other factor a court finds relevant, the court may not:
52595258 2590
52605259 (a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal
52615260 2591
52625261 dosage form, a cannabis product in a medicinal dosage form, or a medical
52635262 2592
52645263 cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production
52655264 2593
52665265 Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid
52675266 2594
52685267 Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently
52695268 2595
52705269 than the court would consider or treat the lawful possession or use of any
52715270 2596
52725271 prescribed controlled substance; or
52735272 2597
52745273 (ii) discriminate against a parent because of the parent's status as a:
52755274 2598
52765275 (A) cannabis production establishment agent, as that term is defined in Section
52775276 2599
52785277 4-41a-102;
52795278 2600
52805279 (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
52815280 2601
52825281 (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201;
52835282 2602
52845283 or
52855284 2603
52865285 (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
52875286 2604
52885287 Cannabinoid Research and Medical Cannabis; or
52895288 2605
52905289 (b) discriminate against a parent based upon the parent's agreement or disagreement with
52915290 2606
52925291 a minor child of the couple's:
52935292 2607
52945293 (i) assertion that the minor child's gender identity is different from the minor child's
52955294 2608
52965295 biological sex;[ or]
52975296 2609
52985297 (ii) practice of having or expressing a different gender identity than the minor child's
52995298 2610
53005299 biological sex[.] ; or
53015300 2611
53025301 (iii) sexual orientation.
5303-- 77 - H.B. 283 Enrolled Copy
53045302 2612
53055303 (10)(a) The court shall consider evidence of domestic violence if evidence of domestic
53065304 2613
53075305 violence is presented.
53085306 2614
53095307 (b) The court shall consider as primary, the safety and well-being of the minor child and
53105308 2615
53115309 the parent who experiences domestic violence.
5310+- 77 - H.B. 283 01-20 13:32
53125311 2616
53135312 (c) A court shall consider an order issued by a court in accordance with Title 78B,
53145313 2617
53155314 Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or
53165315 2618
53175316 substantiated potential harm to the minor child.
53185317 2619
53195318 (d) If a parent relocates because of an act of domestic violence or family violence by the
53205319 2620
53215320 other parent, the court shall make specific findings and orders with regards to the
53225321 2621
53235322 application of Section 81-9-209.
53245323 2622
53255324 (11) Absent a showing by a preponderance of evidence of real harm or substantiated
53265325 2623
53275326 potential harm to the minor child:
53285327 2624
53295328 (a) it is in the best interest of the minor child to have frequent, meaningful, and
53305329 2625
53315330 continuing access to each parent following separation or divorce;
53325331 2626
53335332 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing
53345333 2627
53355334 access with the parent's minor child consistent with the minor child's best interests;
53365335 2628
53375336 and
53385337 2629
53395338 (c) it is in the best interest of the minor child to have both parents actively involved in
53405339 2630
53415340 parenting the minor child.
53425341 2631
53435342 (12) Notwithstanding any other provision of this chapter, the court may not grant custody or
53445343 2632
53455344 parent-time of a minor child to a parent convicted of a sexual offense, as defined in
53465345 2633
53475346 Section 77-37-2, that resulted in the conception of the minor child unless:
53485347 2634
53495348 (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents
53505349 2635
53515350 to custody or parent-time and the court determines it is in the best interest of the
53525351 2636
53535352 minor child to award custody or parent-time to the convicted parent; or
53545353 2637
53555354 (b) after the date of the conviction, the convicted parent and the nonconvicted parent
53565355 2638
53575356 cohabit and establish a mutual custodial environment for the minor child.
53585357 2639
53595358 (13) A denial of custody or parent-time under Subsection (12) does not:
53605359 2640
53615360 (a) terminate the parental rights of the parent denied parent-time or custody; or
53625361 2641
53635362 (b) affect the obligation of the convicted parent to financially support the minor child.
53645363 2642
53655364 Section 21. Effective Date.
53665365 2643
53675366 This bill takes effect on May 7, 2025.
53685367 - 78 -