Enrolled Copy H.B. 283
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Child and Family Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill addresses child and family services, such as child placement, custody, and records.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ addresses bedroom sharing by foster children;
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▸ prohibits the Division of Child and Family Services (division) from:
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● withholding certain information from a child's parent, guardian, or custodian;
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● creating or changing division records in certain ways without written consent from the
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child's parent, guardian, or custodian;
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● initiating certain medical treatment or care on behalf of a child in the division's
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custody; and
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● placing a child with a foster parent or taking adverse action against a foster parent if
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the foster parent expresses discomfort with caring for a child;
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▸ allows the division to share certain records concerning a child with an adoptive parent of
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the child or an individual who has been awarded permanent custody and guardianship of
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the child;
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▸ provides that a parent's approval or disapproval of a child's sexual orientation, in itself,
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may not be the basis for:
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● removal of the child from the parent's custody; or
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● discrimination when a court is determining child custody as part of a divorce or other
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family law proceeding;
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▸ provides that a juvenile court may not determine that reunification services should not be
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provided based solely on a parent's agreement or disagreement with the child's sexual H.B. 283 Enrolled Copy
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orientation or gender identity; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-2-128, as last amended by Laws of Utah 2024, Chapter 240
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53G-8-211, as last amended by Laws of Utah 2024, Chapters 240, 301
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80-1-102, as last amended by Laws of Utah 2024, Chapter 256
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80-2-102, as renumbered and amended by Laws of Utah 2022, Chapter 334
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80-2-402, as last amended by Laws of Utah 2024, Chapter 506
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80-2-1005, as last amended by Laws of Utah 2023, Chapter 330
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80-2a-201, as last amended by Laws of Utah 2023, Chapter 320
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80-2a-202, as last amended by Laws of Utah 2024, Chapter 281
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80-3-111, as enacted by Laws of Utah 2023, Chapter 309
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80-3-204, as last amended by Laws of Utah 2023, Chapter 330
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80-3-301, as last amended by Laws of Utah 2023, Chapter 309
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80-3-302, as last amended by Laws of Utah 2023, Chapters 309, 330
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80-3-303, as last amended by Laws of Utah 2023, Chapter 309
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80-3-405, as last amended by Laws of Utah 2023, Chapters 309, 320 and 330
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80-3-406, as last amended by Laws of Utah 2023, Chapter 320
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80-3-407, as last amended by Laws of Utah 2023, Chapters 309, 320
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80-3-409, as last amended by Laws of Utah 2024, Chapter 240
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81-9-101, as renumbered and amended by Laws of Utah 2024, Chapter 366
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81-9-204, as renumbered and amended by Laws of Utah 2024, Chapter 366
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ENACTS:
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80-2-309, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-128 is amended to read:
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26B-2-128 . Numerical limit of foster children in a foster home -- Limits on
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bedroom sharing.
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(1)(a) No more than four foster children may reside in the foster home of a licensed
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foster parent.
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(b) No more than three foster children may reside in the foster home of a certified foster
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parent.
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(2) When placing a child into a foster home, the limits under Subsection (1) may be
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exceeded:
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(a) to place a child into a foster home where a sibling of the child currently resides; or
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(b) to place a child in a foster home where the child previously resided.
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(3) The limits under Subsection (1) may be exceeded for:
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(a) placement of a sibling group in a foster home with no more than one other foster
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child placement;
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(b) placement of a child or sibling group in a foster home where the child or sibling
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group previously resided; or
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(c) placement of a child in a foster home where a sibling currently resides.
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(4)(a) A foster child may not share a bedroom with a child of the opposite biological sex
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unless:
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(i) each child sharing the bedroom is under two years old;
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(ii)(A) the department's client record identifies gender-specific rationale for
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sharing the bedroom;
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(B) sharing the bedroom is in the best interests of each child sharing the bedroom;
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and
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(C) all children sharing the bedroom are relatives; or
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(iii)(A) there is written caseworker approval for the bedroom assignment;
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(B) sharing the bedroom is in the best interests of each child sharing the bedroom;
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and
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(C) all children sharing the bedroom are relatives.
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(b) The Division of Child and Family Services shall approve a bedroom assignment by
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which a child has their own bedroom if:
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(i) there is a gender-specific or sexual-orientation specific rationale for the bedroom
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assignment; and
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(ii) the bedroom assignment is necessary to promote the child's best interest.
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(5) A foster parent's bedroom may only be shared with a foster child who is under the age
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of two years old.
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(6) A foster parent may not share a bed with any foster child.
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Section 2. Section 53G-8-211 is amended to read:
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53G-8-211 . Responses to school-based behavior.
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(1) As used in this section:
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(a) "Evidence-based" means a program or practice that:
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(i) has had multiple randomized control studies or a meta-analysis demonstrating that
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the program or practice is effective for a specific population;
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(ii) has been rated as effective by a standardized program evaluation tool; or
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(iii) is created and developed by a school or school district and has been approved by
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the state board.
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(b) "Habitual truant" means a school-age child who:
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(i) is in grade 7 or above, unless the school-age child is under 12 years old;
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(ii) is subject to the requirements of Section 53G-6-202; and
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(iii)(A) is truant at least 20 days during one school year; or
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(B) fails to cooperate with efforts on the part of school authorities to resolve the
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school-age child's attendance problem as required under Section 53G-6-206.
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(c) "Minor" means the same as that term is defined in Section 80-1-102.
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(i) "Mobile crisis outreach team" means the same as that term is defined in Section
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26B-5-101.
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(d) "Prosecuting attorney" means the same as that term is defined in Subsections [
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80-1-102(65)(b)] 80-1-102(66)(b) and (c).
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(e) "Restorative justice program" means a school-based program or a program used or
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adopted by a local education agency that is designed:
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(i) to enhance school safety, reduce school suspensions, and limit referrals to law
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enforcement agencies and courts; and
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(ii) to help minors take responsibility for and repair harmful behavior that occurs in
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school.
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(f) "School administrator" means a principal of a school.
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(g) "School is in session" means a day during which the school conducts instruction for
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which student attendance is counted toward calculating average daily membership.
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(h) "School resource officer" means a law enforcement officer, as defined in Section
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53-13-103, who contracts with, is employed by, or whose law enforcement agency
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contracts with a local education agency to provide law enforcement services for the
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local education agency.
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(i) "School-age child" means the same as that term is defined in Section 53G-6-201.
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(j)(i) "School-sponsored activity" means an activity, fundraising event, club, camp,
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clinic, or other event or activity that is authorized by a specific local education
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agency or public school, according to LEA governing board policy, and satisfies
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at least one of the following conditions:
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(A) the activity is managed or supervised by a local education agency or public
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school, or local education agency or public school employee;
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(B) the activity uses the local education agency's or public school's facilities,
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equipment, or other school resources; or
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(C) the activity is supported or subsidized, more than inconsequentially, by public
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funds, including the public school's activity funds or Minimum School
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Program dollars.
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(ii) "School-sponsored activity" includes preparation for and involvement in a public
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performance, contest, athletic competition, demonstration, display, or club activity.
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(k)(i) "Status offense" means an offense that would not be an offense but for the age
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of the offender.
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(ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
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felony.
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(2) This section applies to:
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(a) a minor who is alleged to be a habitual truant; and
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(b) a minor enrolled in school who is alleged to have committed an offense on school
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property where the student is enrolled:
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(i) when school is in session; or
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(ii) during a school-sponsored activity.
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(3) If a minor is alleged to have committed an offense on school property that is a class C
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misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual
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truant, the school administrator, the school administrator's designee, or a school resource
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officer shall refer the minor:
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(a) to an evidence-based alternative intervention, including:
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(i) a mobile crisis outreach team;
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(ii) a youth services center, as defined in Section 80-5-102;
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(iii) a certified youth court, as defined in Section 80-6-901, or comparable restorative
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justice program;
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(iv) an evidence-based alternative intervention created and developed by the school
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or school district;
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(v) an evidence-based alternative intervention that is jointly created and developed by
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a local education agency, the state board, the juvenile court, local counties and
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municipalities, the Department of Health and Human Services;
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(vi) a tobacco cessation or education program if the offense is a violation of Section
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76-10-105; or
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(vii) truancy mediation; or
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(b) for prevention and early intervention youth services, as described in Section 80-5-201,
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by the Division of Juvenile Justice and Youth Services if the minor refuses to
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participate in an evidence-based alternative intervention described in Subsection
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(3)(a).
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(4) Except as provided in Subsection (6), if a minor is alleged to have committed an offense
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on school property that is a class C misdemeanor, an infraction, or a status offense, a
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school administrator, the school administrator's designee, or a school resource officer
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may refer a minor to a law enforcement officer or agency or a court only if:
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(a) the minor allegedly committed an offense on school property on a previous occasion;
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and
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(b) the minor was referred to an evidence-based alternative intervention, or to prevention
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or early intervention youth services, as described in Subsection (3) for the previous
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offense.
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(5) If a minor is alleged to be a habitual truant, a school administrator, the school
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administrator's designee, or a school resource officer may only refer the minor to a law
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enforcement officer or agency or a court if:
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(a) the minor was previously alleged of being a habitual truant at least twice during the
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same school year; and
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(b) the minor was referred to an evidence-based alternative intervention, or for
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prevention and early intervention youth services, as described in Subsection (3) for at
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least two of the previous habitual truancies.
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(6) If a minor is alleged to have committed a traffic offense that is an infraction, a school
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administrator, the school administrator's designee, or a school resource officer may refer
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the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for
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the traffic offense.
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(7) Notwithstanding Subsections (4) and (5), a school resource officer may:
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(a) investigate possible criminal offenses and conduct, including conducting probable
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cause searches;
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(b) consult with school administration about the conduct of a minor enrolled in a school;
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(c) transport a minor enrolled in a school to a location if the location is permitted by law;
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(d) take temporary custody of a minor in accordance with Section 80-6-201; or
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(e) protect the safety of students and the school community, including the use of
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reasonable and necessary physical force when appropriate based on the totality of the
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circumstances.
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(8)(a) If a minor is referred to a court or a law enforcement officer or agency under
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Subsection (4) or (5), the school or the school district shall appoint a school
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representative to continue to engage with the minor and the minor's family through
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the court process.
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(b) A school representative appointed under Subsection (8)(a) may not be a school
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resource officer.
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(c) A school district or school shall include the following in the school district's or
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school's referral to the court or the law enforcement officer or agency:
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(i) attendance records for the minor;
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(ii) a report of evidence-based alternative interventions used by the school before the
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referral, including outcomes;
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(iii) the name and contact information of the school representative assigned to
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actively participate in the court process with the minor and the minor's family;
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(iv) if the minor was referred to prevention or early intervention youth services under
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Subsection (3)(b), a report from the Division of Juvenile Justice and Youth
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Services that demonstrates the minor's failure to complete or participate in
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prevention and early intervention youth services under Subsection (3)(b); and
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(v) any other information that the school district or school considers relevant.
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(d) A minor referred to a court under Subsection (4) or (5) may not be ordered to or
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placed in secure detention, including for a contempt charge or violation of a valid
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court order under Section 78A-6-353:
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(i) when the underlying offense is a status offense or infraction; or
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(ii) for being a habitual truant.
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(e) If a minor is referred to a court under Subsection (4) or (5), the court may use, when
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available, the resources of the Division of Juvenile Justice and Youth Services or the
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Office of Substance Use and Mental Health to address the minor.
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(9) If a minor is alleged to have committed an offense on school property that is a class B
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misdemeanor or a class A misdemeanor, the school administrator, the school
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administrator's designee, or a school resource officer may refer the minor directly to a
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court or to the evidence-based alternative interventions in Subsection (3)(a).
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(10) A school administrator, a school administrator's designee, and a school resource officer
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retain the discretion described under this section in relation to Title 63G, Chapter 31,
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Distinctions on the Basis of Sex.
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Section 3. Section 80-1-102 is amended to read:
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80-1-102 . Juvenile Code definitions.
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Except as provided in Section 80-6-1103, as used in this title:
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(1)(a) "Abuse" means:
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(i)(A) nonaccidental harm of a child;
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(B) threatened harm of a child;
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(C) sexual exploitation;
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(D) sexual abuse; or
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(E) human trafficking of a child in violation of Section 76-5-308.5; or
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(ii) that a child's natural parent:
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(A) intentionally, knowingly, or recklessly causes the death of another parent of
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the child;
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(B) is identified by a law enforcement agency as the primary suspect in an
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investigation for intentionally, knowingly, or recklessly causing the death of
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another parent of the child; or
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(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
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recklessly causing the death of another parent of the child.
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(b) "Abuse" does not include:
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(i) reasonable discipline or management of a child, including withholding privileges;
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(ii) conduct described in Section 76-2-401; or
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(iii) the use of reasonable and necessary physical restraint or force on a child:
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(A) in self-defense;
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(B) in defense of others;
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(C) to protect the child; or
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(D) to remove a weapon in the possession of a child for any of the reasons
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described in Subsections (1)(b)(iii)(A) through (C).
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(2) "Abused child" means a child who has been subjected to abuse.
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(3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
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(i) for a delinquency petition or criminal information under Chapter 6, Juvenile
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Justice:
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(A) a finding by the juvenile court that the facts alleged in a delinquency petition
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or criminal information alleging that a minor committed an offense have been
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proved;
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(B) an admission by a minor in the juvenile court as described in Section 80-6-306;
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or
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(C) a plea of no contest by minor in the juvenile court; or
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(ii) for all other proceedings under this title, a finding by the juvenile court that the
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facts alleged in the petition have been proved.
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(b) "Adjudication" does not include:
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(i) an admission by a minor described in Section 80-6-306 until the juvenile court
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enters the minor's admission; or
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(ii) a finding of not competent to proceed in accordance with Section 80-6-402.
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(4)(a) "Adult" means an individual who is 18 years old or older.
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(b) "Adult" does not include an individual:
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(i) who is 18 years old or older; and
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(ii) who is a minor.
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(5) "Attorney guardian ad litem" means the same as that term is defined in Section
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78A-2-801.
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(6) "Board" means the Board of Juvenile Court Judges.
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(7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
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years old.
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(8) "Child and family plan" means a written agreement between a child's parents or
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guardian and the Division of Child and Family Services as described in Section 80-3-307.
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(9) "Child placing" means the same as that term is defined in Section 26B-2-101.
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(10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
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(11) "Child protection team" means a team consisting of:
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(a) the child welfare caseworker assigned to the case;
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(b) if applicable, the child welfare caseworker who made the decision to remove the
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child;
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(c) a representative of the school or school district where the child attends school;
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(d) if applicable, the law enforcement officer who removed the child from the home;
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(e) a representative of the appropriate Children's Justice Center, if one is established
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within the county where the child resides;
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(f) if appropriate, and known to the division, a therapist or counselor who is familiar
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with the child's circumstances;
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(g) if appropriate, a representative of law enforcement selected by the chief of police or
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sheriff in the city or county where the child resides; and
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(h) any other individuals determined appropriate and necessary by the team coordinator
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and chair.
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(12)(a) "Chronic abuse" means repeated or patterned abuse.
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(b) "Chronic abuse" does not mean an isolated incident of abuse.
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(13)(a) "Chronic neglect" means repeated or patterned neglect.
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(b) "Chronic neglect" does not mean an isolated incident of neglect.
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(14) "Clandestine laboratory operation" means the same as that term is defined in Section
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58-37d-3.
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(15) "Commit" or "committed" means, unless specified otherwise:
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(a) with respect to a child, to transfer legal custody; and
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(b) with respect to a minor who is at least 18 years old, to transfer custody.
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(16) "Community-based program" means a nonsecure residential or nonresidential program,
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designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
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restrictive setting, consistent with public safety, and operated by or under contract with
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the Division of Juvenile Justice and Youth Services.
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(17) "Community placement" means placement of a minor in a community-based program
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described in Section 80-5-402.
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(18) "Correctional facility" means:
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(a) a county jail; or
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(b) a secure correctional facility as defined in Section 64-13-1.
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(19) "Criminogenic risk factors" means evidence-based factors that are associated with a
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minor's likelihood of reoffending.
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(20) "Department" means the Department of Health and Human Services created in Section
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26B-1-201.
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(21) "Dependent child" or "dependency" means a child who is without proper care through
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no fault of the child's parent, guardian, or custodian.
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(22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
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parent or a previous custodian to another person, agency, or institution.
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(23) "Detention" means home detention or secure detention.
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(24) "Detention facility" means a facility, established by the Division of Juvenile Justice
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and Youth Services in accordance with Section 80-5-501, for minors held in detention.
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(25) "Detention risk assessment tool" means an evidence-based tool established under
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Section 80-5-203 that:
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(a) assesses a minor's risk of failing to appear in court or reoffending before
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adjudication; and
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(b) is designed to assist in making a determination of whether a minor shall be held in
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detention.
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(26) "Developmental immaturity" means incomplete development in one or more domains
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that manifests as a functional limitation in the minor's present ability to:
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(a) consult with counsel with a reasonable degree of rational understanding; and
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(b) have a rational as well as factual understanding of the proceedings.
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(27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
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under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
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(28) "Educational neglect" means that, after receiving a notice of compulsory education
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violation under Section 53G-6-202, the parent or guardian fails to make a good faith
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effort to ensure that the child receives an appropriate education.
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(29) "Educational series" means an evidence-based instructional series:
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(a) obtained at a substance abuse program that is approved by the Division of Integrated
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Healthcare in accordance with Section 26B-5-104; and
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(b) designed to prevent substance use or the onset of a mental health disorder.
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(30) "Emancipated" means the same as that term is defined in Section 80-7-102.
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(31) "Evidence-based" means a program or practice that has had multiple randomized
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control studies or a meta-analysis demonstrating that the program or practice is effective
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for a specific population or has been rated as effective by a standardized program
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evaluation tool.
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(32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
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(33) "Formal probation" means a minor is:
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(a) supervised in the community by, and reports to, a juvenile probation officer or an
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agency designated by the juvenile court; and
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(b) subject to return to the juvenile court in accordance with Section 80-6-607.
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(34) "Gender identity" means the same as that term is defined in Section 34A-5-102.
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(35) "Group rehabilitation therapy" means psychological and social counseling of one or
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more individuals in the group, depending upon the recommendation of the therapist.
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[(35)] (36) "Guardian" means a person appointed by a court to make decisions regarding a
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minor, including the authority to consent to:
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(a) marriage;
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(b) enlistment in the armed forces;
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(c) major medical, surgical, or psychiatric treatment; or
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(d) legal custody, if legal custody is not vested in another individual, agency, or
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institution.
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[(36)] (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
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[(37)] (38) "Harm" means:
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(a) physical or developmental injury or damage;
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(b) emotional damage that results in a serious impairment in the child's growth,
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development, behavior, or psychological functioning;
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(c) sexual abuse; or
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(d) sexual exploitation.
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[(38)] (39) "Home detention" means placement of a minor:
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(a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
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of the minor's parent, guardian, or custodian, under terms and conditions established
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by the Division of Juvenile Justice and Youth Services or the juvenile court; or
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(b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
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minor's home, or in a surrogate home with the consent of the minor's parent,
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guardian, or custodian, under terms and conditions established by the Division of
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Juvenile Justice and Youth Services or the juvenile court.
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[(39)] (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the
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perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
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aunt, nephew, niece, or first cousin.
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(b) "Incest" includes:
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(i) blood relationships of the whole or half blood, regardless of whether the
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relationship is legally recognized;
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(ii) relationships of parent and child by adoption; and
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(iii) relationships of stepparent and stepchild while the marriage creating the
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relationship of a stepparent and stepchild exists.
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[(40)] (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
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[(41)] (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
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[(42)] (43) "Indigent defense service provider" means the same as that term is defined in
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Section 78B-22-102.
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[(43)] (44) "Indigent defense services" means the same as that term is defined in Section
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78B-22-102.
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[(44)] (45) "Indigent individual" means the same as that term is defined in Section
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78B-22-102.
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[(45)] (46)(a) "Intake probation" means a minor is:
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(i) monitored by a juvenile probation officer; and
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(ii) subject to return to the juvenile court in accordance with Section 80-6-607.
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(b) "Intake probation" does not include formal probation.
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[(46)] (47) "Intellectual disability" means a significant subaverage general intellectual
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functioning existing concurrently with deficits in adaptive behavior that constitutes a
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substantial limitation to the individual's ability to function in society.
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[(47)] (48) "Juvenile offender" means:
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(a) a serious youth offender; or
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(b) a youth offender.
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[(48)] (49) "Juvenile probation officer" means a probation officer appointed under Section
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78A-6-205.
418
[(49)] (50) "Juvenile receiving center" means a nonsecure, nonresidential program
419
established by the Division of Juvenile Justice and Youth Services, or under contract
420
with the Division of Juvenile Justice and Youth Services, that is responsible for minors
421
taken into temporary custody under Section 80-6-201.
422
[(50)] (51) "Legal custody" means a relationship embodying:
423
(a) the right to physical custody of the minor;
424
(b) the right and duty to protect, train, and discipline the minor;
425
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
426
medical care;
427
(d) the right to determine where and with whom the minor shall live; and
428
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
429
[(51)] (52) "Licensing Information System" means the Licensing Information System
430
maintained by the Division of Child and Family Services under Section 80-2-1002.
431
[(52)] (53) "Management Information System" means the Management Information System
432
developed by the Division of Child and Family Services under Section 80-2-1001.
433
[(53)] (54) "Mental illness" means:
434
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
435
behavioral, or related functioning; or
- 13 - H.B. 283 Enrolled Copy
436
(b) the same as that term is defined in:
437
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
438
published by the American Psychiatric Association; or
439
(ii) the current edition of the International Statistical Classification of Diseases and
440
Related Health Problems.
441
[(54)] (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
442
(a) a child; or
443
(b) an individual:
444
(i)(A) who is at least 18 years old and younger than 21 years old; and
445
(B) for whom the Division of Child and Family Services has been specifically
446
ordered by the juvenile court to provide services because the individual was an
447
abused, neglected, or dependent child or because the individual was
448
adjudicated for an offense;
449
(ii)(A) who is at least 18 years old and younger than 25 years old; and
450
(B) whose case is under the jurisdiction of the juvenile court in accordance with
451
Subsection 78A-6-103(1)(b); or
452
(iii)(A) who is at least 18 years old and younger than 21 years old; and
453
(B) whose case is under the jurisdiction of the juvenile court in accordance with
454
Subsection 78A-6-103(1)(c).
455
[(55)] (56) "Mobile crisis outreach team" means the same as that term is defined in Section
456
26B-5-101.
457
[(56)] (57) "Molestation" means that an individual, with the intent to arouse or gratify the
458
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of
459
any child, or the breast of a female child, or takes indecent liberties with a child as
460
defined in Section 76-5-401.1.
461
[(57)] (58)(a) "Natural parent" means, except as provided in Section 80-3-302, a minor's
462
biological or adoptive parent.
463
(b) "Natural parent" includes the minor's noncustodial parent.
464
[(58)] (59)(a) "Neglect" means action or inaction causing:
465
(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
466
Relinquishment of a Newborn Child;
467
(ii) lack of proper parental care of a child by reason of the fault or habits of the
468
parent, guardian, or custodian;
469
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or
- 14 - Enrolled Copy H.B. 283
470
necessary subsistence or medical care, or any other care necessary for the child's
471
health, safety, morals, or well-being;
472
(iv) a child to be at risk of being neglected or abused because another child in the
473
same home is neglected or abused;
474
(v) abandonment of a child through an unregulated child custody transfer under
475
Section 78B-24-203; or
476
(vi) educational neglect.
477
(b) "Neglect" does not include:
478
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
479
reason, does not provide specified medical treatment for a child;
480
(ii) a health care decision made for a child by the child's parent or guardian, unless
481
the state or other party to a proceeding shows, by clear and convincing evidence,
482
that the health care decision is not reasonable and informed;
483
(iii) a parent or guardian exercising the right described in Section 80-3-304; or
484
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
485
maturity to avoid harm or unreasonable risk of harm, to engage in independent
486
activities, including:
487
(A) traveling to and from school, including by walking, running, or bicycling;
488
(B) traveling to and from nearby commercial or recreational facilities;
489
(C) engaging in outdoor play;
490
(D) remaining in a vehicle unattended, except under the conditions described in
491
Subsection 76-10-2202(2);
492
(E) remaining at home unattended; or
493
(F) engaging in a similar independent activity.
494
[(59)] (60) "Neglected child" means a child who has been subjected to neglect.
495
[(60)] (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
496
probation officer, without an adjudication of the minor's case under Section 80-6-701,
497
upon the consent in writing of:
498
(a) the assigned juvenile probation officer; and
499
(b)(i) the minor; or
500
(ii) the minor and the minor's parent, guardian, or custodian.
501
[(61)] (62) "Not competent to proceed" means that a minor, due to a mental illness,
502
intellectual disability or related condition, or developmental immaturity, lacks the ability
503
to:
- 15 - H.B. 283 Enrolled Copy
504
(a) understand the nature of the proceedings against the minor or of the potential
505
disposition for the offense charged; or
506
(b) consult with counsel and participate in the proceedings against the minor with a
507
reasonable degree of rational understanding.
508
[(62)] (63) "Parole" means a conditional release of a juvenile offender from residency in
509
secure care to live outside of secure care under the supervision of the Division of
510
Juvenile Justice and Youth Services, or another person designated by the Division of
511
Juvenile Justice and Youth Services.
512
[(63)] (64) "Physical abuse" means abuse that results in physical injury or damage to a child.
513
[(64)] (65)(a) "Probation" means a legal status created by court order, following an
514
adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
515
minor's home under prescribed conditions.
516
(b) "Probation" includes intake probation or formal probation.
517
[(65)] (66) "Prosecuting attorney" means:
518
(a) the attorney general and any assistant attorney general;
519
(b) any district attorney or deputy district attorney;
520
(c) any county attorney or assistant county attorney; and
521
(d) any other attorney authorized to commence an action on behalf of the state.
522
[(66)] (67) "Protective custody" means the shelter of a child by the Division of Child and
523
Family Services from the time the child is removed from the home until the earlier of:
524
(a) the day on which the shelter hearing is held under Section 80-3-301; or
525
(b) the day on which the child is returned home.
526
[(67)] (68) "Protective services" means expedited services that are provided:
527
(a) in response to evidence of neglect, abuse, or dependency of a child;
528
(b) to a cohabitant who is neglecting or abusing a child, in order to:
529
(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
530
causes of neglect or abuse; and
531
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
532
(c) in cases where the child's welfare is endangered:
533
(i) to bring the situation to the attention of the appropriate juvenile court and law
534
enforcement agency;
535
(ii) to cause a protective order to be issued for the protection of the child, when
536
appropriate; and
537
(iii) to protect the child from the circumstances that endanger the child's welfare
- 16 - Enrolled Copy H.B. 283
538
including, when appropriate:
539
(A) removal from the child's home;
540
(B) placement in substitute care; and
541
(C) petitioning the court for termination of parental rights.
542
[(68)] (69) "Protective supervision" means a legal status created by court order, following an
543
adjudication on the ground of abuse, neglect, or dependency, whereby:
544
(a) the minor is permitted to remain in the minor's home; and
545
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
546
by an agency designated by the juvenile court.
547
[(69)] (70)(a) "Related condition" means a condition that:
548
(i) is found to be closely related to intellectual disability;
549
(ii) results in impairment of general intellectual functioning or adaptive behavior
550
similar to that of an intellectually disabled individual;
551
(iii) is likely to continue indefinitely; and
552
(iv) constitutes a substantial limitation to the individual's ability to function in society.
553
(b) "Related condition" does not include mental illness, psychiatric impairment, or
554
serious emotional or behavioral disturbance.
555
[(70)] (71)(a) "Residual parental rights and duties" means the rights and duties remaining
556
with a parent after legal custody or guardianship, or both, have been vested in another
557
person or agency, including:
558
(i) the responsibility for support;
559
(ii) the right to consent to adoption;
560
(iii) the right to determine the child's religious affiliation; and
561
(iv) the right to reasonable parent-time unless restricted by the court.
562
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
563
right to consent to:
564
(i) marriage;
565
(ii) enlistment; and
566
(iii) major medical, surgical, or psychiatric treatment.
567
[(71)] (72) "Runaway" means a child, other than an emancipated child, who willfully leaves
568
the home of the child's parent or guardian, or the lawfully prescribed residence of the
569
child, without permission.
570
[(72)] (73) "Secure care" means placement of a minor, who is committed to the Division of
571
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
- 17 - H.B. 283 Enrolled Copy
572
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
573
supervision and confinement of the minor.
574
[(73)] (74) "Secure care facility" means a facility, established in accordance with Section
575
80-5-503, for juvenile offenders in secure care.
576
[(74)] (75) "Secure detention" means temporary care of a minor who requires secure custody
577
in a physically restricting facility operated by, or under contract with, the Division of
578
Juvenile Justice and Youth Services:
579
(a) before disposition of an offense that is alleged to have been committed by the minor;
580
or
581
(b) under Section 80-6-704.
582
[(75)] (76) "Serious youth offender" means an individual who:
583
(a) is at least 14 years old, but under 25 years old;
584
(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
585
of the juvenile court was extended over the individual's case until the individual was
586
25 years old in accordance with Section 80-6-605; and
587
(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
588
Services for secure care under Sections 80-6-703 and 80-6-705.
589
[(76)] (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
590
child.
591
[(77)] (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to
592
a child.
593
[(78)] (79)(a) "Severe type of child abuse or neglect" means, except as provided in
594
Subsection [(78)(b)] (79)(b):
595
(i) if committed by an individual who is 18 years old or older:
596
(A) chronic abuse;
597
(B) severe abuse;
598
(C) sexual abuse;
599
(D) sexual exploitation;
600
(E) abandonment;
601
(F) chronic neglect; or
602
(G) severe neglect; or
603
(ii) if committed by an individual who is under 18 years old:
604
(A) causing serious physical injury, as defined in Subsection 76-5-109(1), to
605
another child that indicates a significant risk to other children; or
- 18 - Enrolled Copy H.B. 283
606
(B) sexual behavior with or upon another child that indicates a significant risk to
607
other children.
608
(b) "Severe type of child abuse or neglect" does not include:
609
(i) the use of reasonable and necessary physical restraint by an educator in
610
accordance with Subsection 53G-8-302(2) or Section 76-2-401;
611
(ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
612
use of reasonable and necessary physical restraint or force in self-defense or
613
otherwise appropriate to the circumstances to obtain possession of a weapon or
614
other dangerous object in the possession or under the control of a child or to
615
protect the child or another individual from physical injury; or
616
(iii) a health care decision made for a child by a child's parent or guardian, unless,
617
subject to Subsection [(78)(c)] (79)(c), the state or other party to the proceeding
618
shows, by clear and convincing evidence, that the health care decision is not
619
reasonable and informed.
620
(c) Subsection [(78)(b)(iii)] (79)(b)(iii) does not prohibit a parent or guardian from
621
exercising the right to obtain a second health care opinion.
622
[(79)] (80) "Sexual abuse" means:
623
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
624
adult directed towards a child;
625
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
626
committed by a child towards another child if:
627
(i) there is an indication of force or coercion;
628
(ii) the children are related, as described in Subsection [(39)] (40), including siblings
629
by marriage while the marriage exists or by adoption;
630
(iii) there have been repeated incidents of sexual contact between the two children,
631
unless the children are 14 years old or older; or
632
(iv) there is a disparity in chronological age of four or more years between the two
633
children;
634
(c) engaging in any conduct with a child that would constitute an offense under any of
635
the following, regardless of whether the individual who engages in the conduct is
636
actually charged with, or convicted of, the offense:
637
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
638
alleged perpetrator of an offense described in Section 76-5-401 is a minor;
639
(ii) child bigamy, Section 76-7-101.5;
- 19 - H.B. 283 Enrolled Copy
640
(iii) incest, Section 76-7-102;
641
(iv) lewdness, Section 76-9-702;
642
(v) sexual battery, Section 76-9-702.1;
643
(vi) lewdness involving a child, Section 76-9-702.5; or
644
(vii) voyeurism, Section 76-9-702.7; or
645
(d) subjecting a child to participate in or threatening to subject a child to participate in a
646
sexual relationship, regardless of whether that sexual relationship is part of a legal or
647
cultural marriage.
648
[(80)] (81) "Sexual exploitation" means knowingly:
649
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
650
(i) pose in the nude for the purpose of sexual arousal of any individual; or
651
(ii) engage in any sexual or simulated sexual conduct for the purpose of
652
photographing, filming, recording, or displaying in any way the sexual or
653
simulated sexual conduct;
654
(b) displaying, distributing, possessing for the purpose of distribution, or selling material
655
depicting a child:
656
(i) in the nude, for the purpose of sexual arousal of any individual; or
657
(ii) engaging in sexual or simulated sexual conduct; or
658
(c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
659
sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
660
exploitation of a minor, regardless of whether the individual who engages in the
661
conduct is actually charged with, or convicted of, the offense.
662
[(81)] (82) "Shelter" means the temporary care of a child in a physically unrestricted facility
663
pending a disposition or transfer to another jurisdiction.
664
[(82)] (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
665
[(83)] (84) "Significant risk" means a risk of harm that is determined to be significant in
666
accordance with risk assessment tools and rules established by the Division of Child and
667
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
668
Rulemaking Act, that focus on:
669
(a) age;
670
(b) social factors;
671
(c) emotional factors;
672
(d) sexual factors;
673
(e) intellectual factors;
- 20 - Enrolled Copy H.B. 283
674
(f) family risk factors; and
675
(g) other related considerations.
676
[(84)] (85) "Single criminal episode" means the same as that term is defined in Section
677
76-1-401.
678
[(85)] (86) "Status offense" means an offense that would not be an offense but for the age of
679
the offender.
680
[(86)] (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
681
excessive use of alcohol or other drugs or substances.
682
[(87)] (88) "Substantiated" or "substantiation" means a judicial finding based on a
683
preponderance of the evidence, and separate consideration of each allegation made or
684
identified in the case, that abuse, neglect, or dependency occurred .
685
[(88)] (89) "Substitute care" means:
686
(a) the placement of a minor in a family home, group care facility, or other placement
687
outside the minor's own home, either at the request of a parent or other responsible
688
relative, or upon court order, when it is determined that continuation of care in the
689
minor's own home would be contrary to the minor's welfare;
690
(b) services provided for a minor in the protective custody of the Division of Child and
691
Family Services, or a minor in the temporary custody or custody of the Division of
692
Child and Family Services, as those terms are defined in Section 80-2-102; or
693
(c) the licensing and supervision of a substitute care facility.
694
[(89)] (90) "Supported" means a finding by the Division of Child and Family Services based
695
on the evidence available at the completion of an investigation, and separate
696
consideration of each allegation made or identified during the investigation, that there is
697
a reasonable basis to conclude that abuse, neglect, or dependency occurred.
698
[(90)] (91) "Termination of parental rights" means the permanent elimination of all parental
699
rights and duties, including residual parental rights and duties, by court order.
700
[(91)] (92) "Therapist" means:
701
(a) an individual employed by a state division or agency for the purpose of conducting
702
psychological treatment and counseling of a minor in the division's or agency's
703
custody; or
704
(b) any other individual licensed or approved by the state for the purpose of conducting
705
psychological treatment and counseling.
706
[(92)] (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
707
that the child is at an unreasonable risk of harm or neglect.
- 21 - H.B. 283 Enrolled Copy
708
[(93)] (94) "Ungovernable" means a child in conflict with a parent or guardian, and the
709
conflict:
710
(a) results in behavior that is beyond the control or ability of the child, or the parent or
711
guardian, to manage effectively;
712
(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
713
(c) results in the situations described in Subsections [(93)(a)] (94)(a) and (b).
714
[(94)] (95) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
715
conclude that abuse, neglect, or dependency occurred.
716
[(95)] (96) "Unsupported" means a finding by the Division of Child and Family Services at
717
the completion of an investigation, after the day on which the Division of Child and
718
Family Services concludes the alleged abuse, neglect, or dependency is not without
719
merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency
720
occurred.
721
[(96)] (97) "Validated risk and needs assessment" means an evidence-based tool that
722
assesses a minor's risk of reoffending and a minor's criminogenic needs.
723
[(97)] (98) "Without merit" means a finding at the completion of an investigation by the
724
Division of Child and Family Services, or a judicial finding, that the alleged abuse,
725
neglect, or dependency did not occur, or that the alleged perpetrator was not responsible
726
for the abuse, neglect, or dependency.
727
[(98)] (99) "Youth offender" means an individual who is:
728
(a) at least 12 years old, but under 21 years old; and
729
(b) committed by the juvenile court to the Division of Juvenile Justice and Youth
730
Services for secure care under Sections 80-6-703 and 80-6-705.
731
Section 4. Section 80-2-102 is amended to read:
732
80-2-102 . Definitions.
733
As used in this chapter:
734
(1) "Consult" means an interaction between two persons in which the initiating person:
735
(a) provides information to another person;
736
(b) provides the other person an opportunity to respond; and
737
(c) takes the other person's response, if any, into consideration.
738
(2) "Consumer" means a person who receives services offered by the division in accordance
739
with this chapter.
740
(3) "Council" means the Child Welfare Improvement Council created in Section 80-2-1101.
741
(4) "Custody," with regard to the division, means the custody of a minor in the division as
- 22 - Enrolled Copy H.B. 283
742
of the date of disposition.
743
(5) "Day-care services" means care of a child for a portion of the day which is less than 24
744
hours:
745
(a) in the child's own home by a responsible individual; or
746
(b) outside of the child's home in a:
747
(i) day-care center;
748
(ii) family group home; or
749
(iii) family child care home.
750
(6) "Director" means the director of the division appointed under Section 80-2-202.
751
(7) "Division" means the Division of Child and Family Services created in Section 80-2-201.
752
(8) "Domestic violence" means the same as that term is defined in Section 77-36-1.
753
(9) "Domestic violence services" means:
754
(a) temporary shelter, treatment, and related services provided to:
755
(i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and
756
(ii) the dependent children of an individual who is a victim of abuse, as defined in
757
Section 78B-7-102; and
758
(b) treatment services for an individual who is alleged to have committed, has been
759
convicted of, or has pled guilty to domestic violence.
760
(10) "Homemaking services" means the care of an individual in the individual's domicile,
761
and help given to an individual caretaker relative to achieve improved household and
762
family management through the services of a trained homemaker.
763
(11) "Hormonal transgender treatment" means the same as that term is defined in Section
764
58-1-603.
765
(12) "Mutual case" means a case that is:
766
(a) opened by the division under the division's discretion and procedures;
767
(b) opened by the law enforcement agency with jurisdiction over the case; and
768
(c) accepted for investigation by a child protection team, as applicable.
769
[(12)] (13)(a) "Person responsible for the child's care" means the child's parent, guardian,
770
or other person responsible for the child's care.
771
(b) "Person responsible for the child's care" includes a person responsible for the child's
772
care in the same home as the child, a relative's home, a group, family, or day care
773
facility, a foster care home, or a residential institution.
774
[(13)] (14) "Primary sex characteristic surgical procedure" means the same as that term is
775
defined in Section 58-67-102.
- 23 - H.B. 283 Enrolled Copy
776
(15) "Secondary sex characteristic surgical procedure" means the same as that term is
777
defined in Section 58-67-102.
778
(16) "Shelter care" means the temporary care of a minor in a nonsecure facility.
779
[(14)] (17) "Sibling" means a child who shares or has shared at least one parent in common
780
either by blood or adoption.
781
[(15)] (18) "Sibling visitation" means services provided by the division to facilitate the
782
interaction between a child in division custody with the child's sibling.
783
[(16)] (19)(a) "Subject of the report" means a person reported under Part 6, Child Abuse
784
and Neglect Reports.
785
(b) "Subject of the report" includes the child who is the alleged victim of the report and
786
the person responsible for the child's care.
787
[(17)] (20) "Temporary custody" means, with regard to the division, the custody of a child
788
from the day on which the shelter hearing described in Section 80-3-301 is held until the
789
day on which the juvenile court enters a disposition under Section 80-3-405.
790
[(18)] (21) "Transportation services" means travel assistance given to an individual with
791
escort service, if necessary, to and from community facilities and resources as part of a
792
service plan.
793
Section 5. Section 80-2-309 is enacted to read:
794
80-2-309 . Orientation and identity.
795
(1) As used in this section:
796
(a)(i) "Custodian" means an individual who has legal custody of a child.
797
(ii) "Custodian" does not include the division.
798
(b)(i) "Guardian" means an individual who has qualified as a guardian of a child
799
pursuant to testamentary or court appointment, or by written instrument as
800
provided in Section 75-5-202.5.
801
(ii) "Guardian" does not include a guardian ad litem.
802
(2)(a) For a child in the protective custody, temporary custody, or custody of the
803
division:
804
(i) subject to Subsection (2)(b), the division may not withhold or conceal information
805
related to a child's asserted gender identity or sexual orientation from the child's
806
parent, guardian, or custodian;
807
(ii) without consent from the child's parent, guardian, or custodian, the division may
808
not refer to the child in division records in a way that is contrary to the child's
809
biological sex;
- 24 - Enrolled Copy H.B. 283
810
(iii) the division may not initiate hormonal transgender treatment, a primary sex
811
characteristic surgical procedure, or a secondary sex characteristic surgical
812
procedure for the child; and
813
(iv) if a foster parent expresses discomfort with caring for a child based on the child's
814
asserted gender identity or sexual orientation, the division may not place the child
815
with that foster parent and may not discriminate or take other adverse action
816
against the foster parent solely on that basis.
817
(b) If a child discloses to the division information regarding the child's asserted gender
818
identity or sexual orientation, and the child wants the information to remain private,
819
the division shall develop a plan in cooperation with the child's therapist or counselor
820
that:
821
(i) allows the division to comply with the requirements described in Subsection
822
(2)(a)(i);
823
(ii) will not result in harm, as that term is defined in Section 80-1-102, to the child;
824
and
825
(iii) is in compliance with all applicable privacy laws.
826
Section 6. Section 80-2-402 is amended to read:
827
80-2-402 . Child welfare training coordinator -- Mandatory education and
828
training of child welfare caseworkers -- Development of curriculum.
829
(1) There is created within the division a full-time position of a child welfare training
830
coordinator.
831
(2) The child welfare training coordinator is not responsible for direct casework services or
832
the supervision of casework services, but is required to:
833
(a) develop child welfare curriculum that:
834
(i) is current and effective, consistent with the division's mission and purpose for
835
child welfare; and
836
(ii) utilizes curriculum and resources from a variety of sources including those from:
837
(A) the public sector;
838
(B) the private sector; and
839
(C) inside and outside of the state;
840
(b) recruit, select, and supervise child welfare trainers;
841
(c) develop a statewide training program, including a budget and identification of
842
sources of funding to support that training;
843
(d) evaluate the efficacy of training in improving job performance;
- 25 - H.B. 283 Enrolled Copy
844
(e) assist child protective services and foster care workers in developing and fulfilling
845
their individual training plans;
846
(f) monitor staff compliance with division training requirements and individual training
847
plans; and
848
(g) expand the collaboration between the division and schools of social work within
849
institutions of higher education in developing child welfare services curriculum, and
850
in providing and evaluating training.
851
(3) The director shall, with the assistance of the child welfare training coordinator, establish
852
and ensure child welfare caseworker competency regarding a core curriculum for child
853
welfare services that:
854
(a) is driven by child safety and family well-being;
855
(b) emphasizes child and family voice;
856
(c) is based on a policy, procedure, program, or practice that demonstrates an ability to
857
minimize retraumatization associated with the criminal and juvenile justice system;
858
and
859
(d) is consistent with national child welfare practice standards.
860
(4) A child welfare caseworker shall complete training in:
861
(a) the legal duties of a child welfare caseworker;
862
(b) the responsibility of a child welfare caseworker to protect the safety and legal rights
863
of children, parents, and families at all stages of a case, including:
864
(i) initial contact;
865
(ii) safety and risk assessment, as described in Section 80-2-403; and
866
(iii) intervention;
867
(c) recognizing situations involving:
868
(i) substance abuse;
869
(ii) domestic violence;
870
(iii) abuse; and
871
(iv) neglect; and
872
(d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of the
873
United States to the child welfare caseworker's job, including:
874
(i) search and seizure of evidence;
875
(ii) the warrant requirement;
876
(iii) exceptions to the warrant requirement; and
877
(iv) removing a child from the custody of the child's parent or guardian.
- 26 - Enrolled Copy H.B. 283
878
(5) The division shall train the division's child welfare caseworkers to:
879
(a) apply the risk assessment tools and rules described in Subsection [80-1-102(83)]
880
80-1-102(84); and
881
(b) develop child and family plans that comply with:
882
(i) federal mandates; and
883
(ii) the specific needs of the child and the child's family.
884
(6) The division shall use the training of child welfare caseworkers to emphasize:
885
(a) the importance of maintaining the parent-child relationship;
886
(b) the preference for providing in-home services over taking a child into protective
887
custody, both for the emotional well-being of the child and the efficient allocation of
888
resources; and
889
(c) the importance and priority of:
890
(i) kinship placement in the event a child must be taken into protective custody; and
891
(ii) guardianship placement, in the event the parent-child relationship is legally
892
terminated and no appropriate adoptive placement is available.
893
(7) If a child welfare caseworker is hired, before assuming independent casework
894
responsibilities, the division shall ensure that the child welfare caseworker has:
895
(a) completed the training described in Subsections (4), (5), and (6); and
896
(b) participated in sufficient skills development for a child welfare caseworker.
897
Section 7. Section 80-2-1005 is amended to read:
898
80-2-1005 . Classification of reports of alleged abuse or neglect -- Confidential
899
identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful
900
release and use -- Penalty.
901
(1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective
902
Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and
903
any other information in the possession of the division obtained as a result of the report
904
is a private, protected, or controlled record under Title 63G, Chapter 2, Government
905
Records Access and Management Act, and may only be made available to:
906
(a) a police or law enforcement agency investigating a report of known or suspected
907
abuse or neglect, including members of a child protection team;
908
(b) a physician who reasonably believes that a child may be the subject of abuse or
909
neglect;
910
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
911
who is the subject of a report;
- 27 - H.B. 283 Enrolled Copy
912
(d) a contract provider that has a written contract with the division to render services to a
913
minor who is the subject of a report;
914
(e) the subject of the report, the natural parents of the child, an adoptive parent of the
915
child, an individual who has been awarded permanent custody and guardianship of
916
the child, and the guardian ad litem;
917
(f) a court, upon a finding that access to the records may be necessary for the
918
determination of an issue before the court, provided that in a divorce, custody, or
919
related proceeding between private parties, the record alone is:
920
(i) limited to objective or undisputed facts that were verified at the time of the
921
investigation; and
922
(ii) devoid of conclusions drawn by the division or any of the division's workers on
923
the ultimate issue of whether or not an individual's acts or omissions constituted
924
any level of abuse or neglect of another individual;
925
(g) an office of the public prosecutor or the public prosecutor's deputies in performing an
926
official duty;
927
(h) a person authorized by a Children's Justice Center, for the purposes described in
928
Section 67-5b-102;
929
(i) a person engaged in bona fide research, when approved by the director of the
930
division, if the information does not include names and addresses;
931
(j) the State Board of Education, acting on behalf of itself or on behalf of a local
932
education agency, as defined in Section 63J-5-102, for the purpose of evaluating
933
whether an individual should be permitted to obtain or retain a license as an educator
934
or serve as an employee or volunteer in a school, limited to information with
935
substantiated or supported findings involving an alleged sexual offense, an alleged
936
felony or class A misdemeanor drug offense, or any alleged offense against the
937
person under Title 76, Chapter 5, Offenses Against the Individual, and with the
938
understanding that the office must provide the subject of a report received under
939
Subsection (1)(k) with an opportunity to respond to the report before making a
940
decision concerning licensure or employment;
941
(k) any individual identified in the report as a perpetrator or possible perpetrator of
942
abuse or neglect, after being advised of the screening prohibition in Subsection (2);
943
(l) a person filing a petition for a child protective order on behalf of a child who is the
944
subject of the report;
945
(m) a licensed child-placing agency or person who is performing a preplacement
- 28 - Enrolled Copy H.B. 283
946
adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
947
78B-6-130;
948
(n) an Indian tribe to:
949
(i) certify or license a foster home;
950
(ii) render services to a subject of a report; or
951
(iii) investigate an allegation of abuse, neglect, or dependency; or
952
(o) the department or a local substance abuse authority, described in Section 17-43-201,
953
for the purpose of providing substance abuse treatment to a pregnant woman or a
954
parent of a newborn child, or the services described in Subsection [26B-5-211(2)(p)]
955
26B-5-102(2)(p).
956
(2) In accordance with Section 80-2-608 and except as provided in Section 80-2-611, the
957
division and a law enforcement agency shall ensure the anonymity of the person who
958
makes the initial report under Part 6, Child Abuse and Neglect Reports, and any other
959
person involved in the division's or law enforcement agency's subsequent investigation
960
of the report.
961
(3) Notwithstanding any other provision of law, excluding Section 80-3-107, but including
962
this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G,
963
Chapter 2, Government Records Access and Management Act, if the division makes a
964
report or other information in the division's possession available under Subsection (1)(e)
965
to a subject of the report or a parent of a child, the division shall remove from the report
966
or other information only the names, addresses, and telephone numbers of individuals or
967
specific information that could:
968
(a) identify the referent;
969
(b) impede a criminal investigation; or
970
(c) endanger an individual's safety.
971
(4) A child-placing agency or person who receives a report from the division under
972
Subsection (1)(m) may provide the report to:
973
(a) the subject of the report;
974
(b) a person who is performing a preplacement adoptive evaluation in accordance with
975
Sections 78B-6-128 and 78B-6-130;
976
(c) to a licensed child-placing agency; or
977
(d) an attorney seeking to facilitate an adoption.
978
(5) A member of a child protection team may, before the day on which the child is
979
removed, share case-specific information obtained from the division under this section
- 29 - H.B. 283 Enrolled Copy
980
with other members of the child protection team.
981
(6)(a) Except as provided in Subsection (6)(b), in a divorce, custody, or related
982
proceeding between private parties, a court may not receive into evidence a report
983
that:
984
(i) is provided to the court:
985
(A) under Subsection (1)(f); or
986
(B) by a parent of the child after the record is made available to the parent under
987
Subsection (1)(e);
988
(ii) describes a parent of the child as the alleged perpetrator; and
989
(iii) is found to be unsubstantiated, unsupported, or without merit.
990
(b)(i) After a motion to admit the report described in Subsection (6)(a) is made, the
991
court shall allow sufficient time for all subjects of the record to respond before
992
making a finding on the motion.
993
(ii) After considering the motion described in Subsection (6)(b)(i), the court may
994
receive the report into evidence upon a finding on the record of good cause.
995
(7)(a) A person may not:
996
(i) willfully permit, or aid and abet, the release of data or information in the
997
possession of the division or contained in the Management Information System in
998
violation of this part or Part 6, Child Abuse and Neglect Reports; or
999
(ii) if the person is not listed in Subsection (1), request another person to obtain or
1000
release a report or other information that the other person obtained under
1001
Subsection (1)(k) to screen for potential perpetrators of abuse or neglect.
1002
(b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii) knowing
1003
the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C
1004
misdemeanor.
1005
Section 8. Section 80-2a-201 is amended to read:
1006
80-2a-201 . Rights of parents -- Children's rights -- Interest and responsibility of
1007
state.
1008
(1)(a) Under both the United States Constitution and the constitution of this state, a
1009
parent possesses a fundamental liberty interest in the care, custody, and management
1010
of the parent's children. A fundamentally fair process must be provided to parents if
1011
the state moves to challenge or interfere with parental rights. A governmental entity
1012
must support any actions or allegations made in opposition to the rights and desires
1013
of a parent regarding the parent's child by sufficient evidence to satisfy a parent's
- 30 - Enrolled Copy H.B. 283
1014
constitutional entitlement to heightened protection against government interference
1015
with the parent's fundamental rights and liberty interests and, concomitantly, the right
1016
of the child to be reared by the child's natural parent.
1017
(b) The fundamental liberty interest of a parent concerning the care, custody, and
1018
management of the parent's child is recognized, protected, and does not cease to exist
1019
simply because a parent may fail to be a model parent or because the parent's child is
1020
placed in the temporary custody of the state. At all times, a parent retains a vital
1021
interest in preventing the irretrievable destruction of family life. Before an
1022
adjudication of unfitness, government action in relation to a parent and the parent's
1023
child may not exceed the least restrictive means or alternatives available to
1024
accomplish a compelling state interest. Until the state proves parental unfitness, and
1025
the child suffers, or is substantially likely to suffer, serious detriment as a result, the
1026
child and the child's parent share a vital interest in preventing erroneous termination
1027
of their natural relationship and the state cannot presume that a child and the child's
1028
parent are adversaries.
1029
(c) It is in the best interest and welfare of a child to be raised under the care and
1030
supervision of the child's natural parents. A child's need for a normal family life in a
1031
permanent home, and for positive, nurturing family relationships is usually best met
1032
by the child's natural parents. Additionally, the integrity of the family unit and the
1033
right of a parent to conceive and raise the parent's child are constitutionally protected.
1034
The right of a fit, competent parent to raise the parent's child without undue
1035
government interference is a fundamental liberty interest that has long been protected
1036
by the laws and Constitution and is a fundamental public policy of this state.
1037
(d) The state recognizes that:
1038
(i) a parent has the right, obligation, responsibility, and authority to raise, manage,
1039
train, educate, provide and care for, and reasonably discipline the parent's child;
1040
and
1041
(ii) the state's role is secondary and supportive to the primary role of a parent.
1042
(e) It is the public policy of this state that:
1043
(i) a parent retains the fundamental right and duty to exercise primary control over
1044
the care, supervision, upbringing, and education of the parent's child;
1045
(ii) a parent retains the right to have contact with the parent's child when the child is
1046
placed outside of the parent's home, and parent-time should be ordered by a court
1047
so long as the contact is not contrary to the best interest of the child; and
- 31 - H.B. 283 Enrolled Copy
1048
(iii) a child has the right to have contact with the child's sibling when the child is
1049
placed outside of the home and apart from the child's sibling, and sibling visits
1050
should be ordered by a court unless the contact would be contrary to the safety or
1051
well-being of the child.
1052
(f) Subsections (2) through (7) shall be interpreted and applied consistent with this
1053
Subsection (1).
1054
(2) It is also the public policy of this state that children have the right to protection from
1055
abuse and neglect, and that the state retains a compelling interest in investigating,
1056
prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has
1057
an interest in and responsibility to protect a child whose parent abuses the child or does
1058
not adequately provide for the child's welfare. There may be circumstances where a
1059
parent's conduct or condition is a substantial departure from the norm and the parent is
1060
unable or unwilling to render safe and proper parental care and protection. Under those
1061
circumstances, the state may take action for the welfare and protection of the parent's
1062
child.
1063
(3) When the division intervenes on behalf of an abused, neglected, or dependent child, the
1064
division shall take into account the child's need for protection from immediate harm and
1065
the extent to which the child's extended family may provide needed protection.
1066
Throughout the division's involvement, the division shall utilize the least intrusive and
1067
least restrictive means available to protect a child, in an effort to ensure that children are
1068
brought up in stable, permanent families, rather than in temporary foster placements
1069
under the supervision of the state.
1070
(4) If circumstances within the family pose a threat to the child's immediate safety or
1071
welfare, the division may seek custody of the child for a planned, temporary period and
1072
place the child in a safe environment, subject to the requirements of this section and in
1073
accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when
1074
safe and appropriate, return the child to the child's parent or as a last resort, pursue
1075
another permanency plan.
1076
(5) In determining and making reasonable efforts with regard to a child, under Section
1077
80-2a-302, both the division's and the juvenile court's paramount concern shall be the
1078
child's health, safety, and welfare. The desires of a parent for the parent's child, and the
1079
constitutionally protected rights of a parent, as described in this section, shall be given
1080
full and serious consideration by the division and the juvenile court.
1081
(6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where sexual
- 32 - Enrolled Copy H.B. 283
1082
abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved,
1083
the state has no duty to make reasonable efforts or to, in any other way, attempt to
1084
maintain a child in the child's home, provide reunification services, or rehabilitate the
1085
offending parent or parents. This Subsection (6) does not exempt the division from
1086
providing court-ordered services.
1087
(7)(a) In accordance with Subsection (1), the division shall strive to achieve appropriate
1088
permanency for children who are abused, neglected, or dependent. The division shall
1089
provide in-home services, if appropriate and safe, in an effort to help a parent to
1090
correct the behavior that resulted in abuse, neglect, or dependency of the parent's
1091
child. The division may pursue a foster placement only if in-home services fail or are
1092
otherwise insufficient or inappropriate, kinship placement is not safe or appropriate,
1093
or in-home services and kinship placement fail and cannot be corrected. The division
1094
shall also seek qualified extended family support or a kinship placement to maintain a
1095
sense of security and stability for the child.
1096
(b) If the use or continuation of reasonable efforts, as described in Subsections (5) and
1097
(6), is determined to be inconsistent with the permanency plan for a child, then
1098
measures shall be taken, in a timely manner, to place the child in accordance with the
1099
permanency plan, and to complete whatever steps are necessary to finalize the
1100
permanent placement of the child.
1101
(c) Subject to the parental rights recognized and protected under this section, if, because
1102
of a parent's conduct or condition, the parent is determined to be unfit or incompetent
1103
based on the grounds for termination of parental rights described in Chapter 4,
1104
Termination and Restoration of Parental Rights, the continuing welfare and best
1105
interest of the child is of paramount importance, and shall be protected in
1106
determining whether that parent's rights should be terminated.
1107
(8) The state's right to direct or intervene in the provision of medical or mental health care
1108
for a child is subject to Subsections [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) through (iii)
1109
and Sections 80-3-109 and 80-3-304.
1110
Section 9. Section 80-2a-202 is amended to read:
1111
80-2a-202 . Removal of a child by a peace officer or child welfare caseworker --
1112
Search warrants -- Protective custody and temporary care of a child.
1113
(1) A peace officer or child welfare caseworker may remove a child or take a child into
1114
protective custody, temporary custody, or custody in accordance with this section.
1115
(2)(a) Except as provided in Subsection (2)(b), a peace officer or a child welfare
- 33 - H.B. 283 Enrolled Copy
1116
caseworker may not enter the home of a child whose case is not under the jurisdiction
1117
of the juvenile court, remove a child from the child's home or school, or take a child
1118
into protective custody unless:
1119
(i) there exist exigent circumstances sufficient to relieve the peace officer or the child
1120
welfare caseworker of the requirement to obtain a search warrant under
1121
Subsection (3);
1122
(ii) the peace officer or child welfare caseworker obtains a search warrant under
1123
Subsection (3);
1124
(iii) the peace officer or child welfare caseworker obtains a court order after the
1125
child's parent or guardian is given notice and an opportunity to be heard; or
1126
(iv) the peace officer or child welfare caseworker obtains the consent of the child's
1127
parent or guardian.
1128
(b) A peace officer or a child welfare caseworker may not take action under Subsection
1129
(2)(a) solely on the basis of:
1130
(i) educational neglect, truancy, or failure to comply with a court order to attend
1131
school;
1132
(ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2,
1133
Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage
1134
form, a cannabis product in a medicinal dosage form, or a medical cannabis
1135
device, as those terms are defined in Section 26B-4-201; or
1136
(iii) subject to Subsection (2)(c), a parent's agreement or disagreement with a minor
1137
child of the couple's:
1138
(A) assertion that the child's gender identity is different from the child's biological
1139
sex;[ or]
1140
(B) practice of having or expressing a different gender identity than the child's
1141
biological sex[.] ; or
1142
(C) sexual orientation.
1143
(c) Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker
1144
from taking action under Subsection (2)(a) if the parent's agreement or disagreement
1145
with a minor child as described in Subsection (2)(b)(iii) results in or is related to
1146
harm, as that term is defined in Section 80-1-102, to the minor child.
1147
(3)(a) The juvenile court may issue a warrant authorizing a peace officer or a child
1148
welfare caseworker to search for a child and take the child into protective custody if
1149
it appears to the juvenile court upon a verified petition, recorded sworn testimony or
- 34 - Enrolled Copy H.B. 283
1150
an affidavit sworn to by a peace officer or another individual, and upon the
1151
examination of other witnesses if required by the juvenile court, that there is probable
1152
cause to believe that:
1153
(i) there is a threat of substantial harm to the child's health or safety;
1154
(ii) it is necessary to take the child into protective custody to avoid the harm
1155
described in Subsection (3)(a)(i); and
1156
(iii) it is likely that the child will suffer substantial harm if the child's parent or
1157
guardian is given notice and an opportunity to be heard before the child is taken
1158
into protective custody.
1159
(b) In accordance with Section 77-23-210, a peace officer making the search under
1160
Subsection (3)(a) may enter a house or premises by force, if necessary, in order to
1161
remove the child.
1162
(4)(a) A child welfare caseworker may take action under Subsection (2) accompanied by
1163
a peace officer or without a peace officer if a peace officer is not reasonably available.
1164
(b)(i) Before taking a child into protective custody, and if possible and consistent
1165
with the child's safety and welfare, a child welfare caseworker shall determine
1166
whether there are services available that, if provided to a parent or guardian of the
1167
child, would eliminate the need to remove the child from the custody of the child's
1168
parent or guardian.
1169
(ii) In determining whether the services described in Subsection (4)(b)(i) are
1170
reasonably available, the child welfare caseworker shall consider the child's
1171
health, safety, and welfare as the paramount concern.
1172
(iii) If the child welfare caseworker determines the services described in Subsection
1173
(4)(b)(i) are reasonably available, the services shall be utilized.
1174
(5)(a) If a peace officer or a child welfare caseworker takes a child into protective
1175
custody under Subsection (2), the peace officer or child welfare caseworker shall:
1176
(i) notify the child's parent or guardian in accordance with Section 80-2a-203; and
1177
(ii) release the child to the care of the child's parent or guardian or another
1178
responsible adult, unless:
1179
(A) the child's immediate welfare requires the child remain in protective custody;
1180
or
1181
(B) the protection of the community requires the child's detention in accordance
1182
with Chapter 6, Part 2, Custody and Detention.
1183
(b)(i) If a peace officer or child welfare caseworker is executing a warrant under
- 35 - H.B. 283 Enrolled Copy
1184
Subsection (3), the peace officer or child welfare caseworker shall take the child
1185
to:
1186
(A) a shelter facility; or
1187
(B) if the division makes an emergency placement under Section 80-2a-301, the
1188
emergency placement.
1189
(ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility
1190
under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall
1191
promptly file a written report that includes the child's information, on a form
1192
provided by the division, with the shelter facility.
1193
(c) A child removed or taken into protective custody under this section may not be
1194
placed or kept in detention pending court proceedings, unless the child may be held
1195
in detention under Chapter 6, Part 2, Custody and Detention.
1196
(6)(a) The juvenile court shall issue a warrant authorizing a peace officer or a child
1197
welfare worker to search for a child who is missing, has been abducted, or has run
1198
away, and take the child into physical custody if the juvenile court determines that
1199
the child is missing, has been abducted, or has run away from the protective custody,
1200
temporary custody, or custody of the division.
1201
(b) If the juvenile court issues a warrant under Subsection (6)(a):
1202
(i) the division shall notify the child's parent or guardian who has a right to
1203
parent-time with the child in accordance with Subsection 80-2a-203(5)(a);
1204
(ii) the court shall order:
1205
(A) the law enforcement agency that has jurisdiction over the location from which
1206
the child ran away to enter a record of the warrant into the National Crime
1207
Information Center database within 24 hours after the time in which the law
1208
enforcement agency receives a copy of the warrant; and
1209
(B) the division to notify the law enforcement agency described in Subsection
1210
(6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and
1211
(c) the court shall specify the location to which the peace officer or the child welfare
1212
caseworker shall transport the child.
1213
Section 10. Section 80-3-111 is amended to read:
1214
80-3-111 . Interstate compact -- Relative placement.
1215
(1) If, for a relative placement, an interstate placement requested under the Interstate
1216
Compact on the Placement of Children has been initiated by the division or is ordered by
1217
or pending before the juvenile court, the court may not finalize a non-relative placement
- 36 - Enrolled Copy H.B. 283
1218
unless the court gives due weight to:
1219
(a) the preferential consideration granted to a relative in Section 80-3-302;
1220
(b) the rebuttable presumption in Section 80-3-302; and
1221
(c) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
1222
and 80-3-303(1).
1223
(2) Nothing in this section affects the ability of a foster parent to petition the juvenile court
1224
under Subsection 80-3-502(3).
1225
Section 11. Section 80-3-204 is amended to read:
1226
80-3-204 . Protective custody of a child after a petition is filed -- Grounds.
1227
(1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply,
1228
in addressing the petition, the least restrictive means and alternatives available to
1229
accomplish a compelling state interest and to prevent irretrievable destruction of family
1230
life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104.
1231
(2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of
1232
the petition is not in protective custody, a juvenile court may order that the child be
1233
removed from the child's home or otherwise taken into protective custody if the juvenile
1234
court finds, by a preponderance of the evidence, that any one or more of the following
1235
circumstances exist:
1236
(a)(i) there is an imminent danger to the physical health or safety of the child; and
1237
(ii) the child's physical health or safety may not be protected without removing the
1238
child from the custody of the child's parent or guardian;
1239
(b)(i) a parent or guardian engages in or threatens the child with unreasonable
1240
conduct that causes the child to suffer harm; and
1241
(ii) there are no less restrictive means available by which the child's emotional health
1242
may be protected without removing the child from the custody of the child's
1243
parent or guardian;
1244
(c) the child or another child residing in the same household has been, or is considered
1245
to be at substantial risk of being, physically abused, sexually abused, or sexually
1246
exploited, by a parent or guardian, a member of the parent's or guardian's household,
1247
or other individual known to the parent or guardian;
1248
(d) the parent or guardian is unwilling to have physical custody of the child;
1249
(e) the child is abandoned or left without any provision for the child's support;
1250
(f) a parent or guardian who has been incarcerated or institutionalized has not arranged
1251
or cannot arrange for safe and appropriate care for the child;
- 37 - H.B. 283 Enrolled Copy
1252
(g)(i) a relative or other adult custodian with whom the child is left by the parent or
1253
guardian is unwilling or unable to provide care or support for the child;
1254
(ii) the whereabouts of the parent or guardian are unknown; and
1255
(iii) reasonable efforts to locate the parent or guardian are unsuccessful;
1256
(h) subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Sections 80-3-109 and
1257
80-3-304, the child is in immediate need of medical care;
1258
(i)(i) a parent's or guardian's actions, omissions, or habitual action create an
1259
environment that poses a serious risk to the child's health or safety for which
1260
immediate remedial or preventive action is necessary; or
1261
(ii) a parent's or guardian's action in leaving a child unattended would reasonably
1262
pose a threat to the child's health or safety;
1263
(j) the child or another child residing in the same household has been neglected;
1264
(k) the child's natural parent:
1265
(i) intentionally, knowingly, or recklessly causes the death of another parent of the
1266
child;
1267
(ii) is identified by a law enforcement agency as the primary suspect in an
1268
investigation for intentionally, knowingly, or recklessly causing the death of
1269
another parent of the child; or
1270
(iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
1271
recklessly causing the death of another parent of the child;
1272
(l) an infant is an abandoned infant, as defined in Section 80-4-203;
1273
(m)(i) the parent or guardian, or an adult residing in the same household as the parent
1274
or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine
1275
Drug Lab Act; and
1276
(ii) any clandestine laboratory operation was located in the residence or on the
1277
property where the child resided; or
1278
(n) the child's welfare is otherwise endangered.
1279
(3)(a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
1280
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or
1281
dependency occurs involving the same substantiated abuser or under similar
1282
circumstance as the previous abuse, that fact is prima facie evidence that the child
1283
cannot safely remain in the custody of the child's parent.
1284
(b) For purposes of Subsection (2)(c):
1285
(i) another child residing in the same household may not be removed from the home
- 38 - Enrolled Copy H.B. 283
1286
unless that child is considered to be at substantial risk of being physically abused,
1287
sexually abused, or sexually exploited as described in Subsection (2)(c) or
1288
Subsection (3)(b)(ii); and
1289
(ii) if a parent or guardian has received actual notice that physical abuse, sexual
1290
abuse, or sexual exploitation by an individual known to the parent has occurred,
1291
and there is evidence that the parent or guardian failed to protect the child, after
1292
having received the notice, by allowing the child to be in the physical presence of
1293
the alleged abuser, that fact is prima facie evidence that the child is at substantial
1294
risk of being physically abused, sexually abused, or sexually exploited.
1295
(4)(a) For purposes of Subsection (2), if the division files an abuse, neglect, or
1296
dependency petition, the juvenile court shall consider the division's safety and risk
1297
assessments described in Section 80-2-403 to determine whether a child should be
1298
removed from the custody of the child's parent or guardian or should otherwise be
1299
taken into protective custody.
1300
(b) The division shall make a diligent effort to provide the safety and risk assessments
1301
described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel
1302
for the parent or guardian, as soon as practicable before the shelter hearing described
1303
in Section 80-3-301.
1304
(5) In the absence of one of the factors described in Subsection (2), a juvenile court may not
1305
remove a child from the parent's or guardian's custody on the basis of:
1306
(a) educational neglect, truancy, or failure to comply with a court order to attend school;
1307
(b) mental illness or poverty of the parent or guardian;
1308
(c) disability of the parent or guardian, as defined in Section 57-21-2; or
1309
(d) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
1310
Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis
1311
product in a medicinal dosage form, or a medical cannabis device, as those terms are
1312
defined in Section 26B-4-201.
1313
(6) A child removed from the custody of the child's parent or guardian under this section
1314
may not be placed or kept in detention, unless the child may be admitted to detention
1315
under Chapter 6, Part 2, Custody and Detention.
1316
(7) This section does not preclude removal of a child from the child's home without a
1317
warrant or court order under Section 80-2a-202.
1318
(8)(a) Except as provided in Subsection (8)(b), a juvenile court and the division may not
1319
remove a child from the custody of the child's parent or guardian on the sole or
- 39 - H.B. 283 Enrolled Copy
1320
primary basis that the parent or guardian refuses to consent to:
1321
(i) the administration of a psychotropic medication to a child;
1322
(ii) a psychiatric, psychological, or behavioral treatment for a child; or
1323
(iii) a psychiatric or behavioral health evaluation of a child.
1324
(b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a
1325
child under conditions that would otherwise be prohibited under Subsection (8)(a) if
1326
failure to take an action described under Subsection (8)(a) would present a serious,
1327
imminent risk to the child's physical safety or the physical safety of others.
1328
Section 12. Section 80-3-301 is amended to read:
1329
80-3-301 . Shelter hearing -- Court considerations.
1330
(1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a
1331
child within 72 hours, excluding weekends and holidays, after any one or all of the
1332
following occur:
1333
(a) removal of the child from the child's home by the division;
1334
(b) placement of the child in protective custody;
1335
(c) emergency placement under Subsection 80-2a-202(5);
1336
(d) as an alternative to removal of the child, a parent enters a domestic violence shelter
1337
at the request of the division; or
1338
(e) a motion for expedited placement in temporary custody is filed under Section
1339
80-3-203.
1340
(2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
1341
division shall issue a notice that contains all of the following:
1342
(a) the name and address of the individual to whom the notice is directed;
1343
(b) the date, time, and place of the shelter hearing;
1344
(c) the name of the child on whose behalf an abuse, neglect, or dependency petition is
1345
brought;
1346
(d) a concise statement regarding:
1347
(i) the reasons for removal or other action of the division under Subsection (1); and
1348
(ii) the allegations and code sections under which the proceeding is instituted;
1349
(e) a statement that the parent or guardian to whom notice is given, and the child, are
1350
entitled to have an attorney present at the shelter hearing, and that if the parent or
1351
guardian is an indigent individual and cannot afford an attorney, and desires to be
1352
represented by an attorney, one will be provided in accordance with Title 78B,
1353
Chapter 22, Indigent Defense Act; and
- 40 - Enrolled Copy H.B. 283
1354
(f) a statement that the parent or guardian is liable for the cost of support of the child in
1355
the protective custody, temporary custody, and custody of the division, and the cost
1356
for legal counsel appointed for the parent or guardian under Subsection (2)(e),
1357
according to the financial ability of the parent or guardian.
1358
(3) The notice described in Subsection (2) shall be personally served as soon as possible,
1359
but no later than one business day after the day on which the child is removed from the
1360
child's home, or the day on which a motion for expedited placement in temporary
1361
custody under Section 80-3-203 is filed, on:
1362
(a) the appropriate guardian ad litem; and
1363
(b) both parents and any guardian of the child, unless the parents or guardians cannot be
1364
located.
1365
(4) Notwithstanding Section 80-3-104, the following individuals shall be present at the
1366
shelter hearing:
1367
(a) the child, unless it would be detrimental for the child;
1368
(b) the child's parents or guardian, unless the parents or guardian cannot be located, or
1369
fail to appear in response to the notice;
1370
(c) counsel for the parents, if one is requested;
1371
(d) the child's guardian ad litem;
1372
(e) the child welfare caseworker from the division who is assigned to the case; and
1373
(f) the attorney from the attorney general's office who is representing the division.
1374
(5)(a) At the shelter hearing, the juvenile court shall:
1375
(i) provide an opportunity to provide relevant testimony to:
1376
(A) the child's parent or guardian, if present; and
1377
(B) any other individual with relevant knowledge;
1378
(ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and
1379
(iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential
1380
consideration to a relative or friend for the temporary placement of the child.
1381
(b) The juvenile court:
1382
(i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
1383
Procedure;
1384
(ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
1385
the requesting party, or the requesting party's counsel; and
1386
(iii) may in the juvenile court's discretion limit testimony and evidence to only that
1387
which goes to the issues of removal and the child's need for continued protection.
- 41 - H.B. 283 Enrolled Copy
1388
(6) If the child is in protective custody, the division shall report to the juvenile court:
1389
(a) the reason why the child was removed from the parent's or guardian's custody;
1390
(b) any services provided to the child and the child's family in an effort to prevent
1391
removal;
1392
(c) the need, if any, for continued shelter;
1393
(d) the available services that could facilitate the return of the child to the custody of the
1394
child's parent or guardian; and
1395
(e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or
1396
friends of the child's parents may be able and willing to accept temporary placement
1397
of the child.
1398
(7) The juvenile court shall consider all relevant evidence provided by an individual or
1399
entity authorized to present relevant evidence under this section.
1400
(8)(a) If necessary to protect the child, preserve the rights of a party, or for other good
1401
cause shown, the juvenile court may grant no more than one continuance, not to
1402
exceed five judicial days.
1403
(b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
1404
guardian for a continuance under Subsection (8)(a).
1405
(c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
1406
described in Subsection (2) within the time described in Subsection (3), the juvenile
1407
court may grant the request of a parent or guardian for a continuance, not to exceed
1408
five judicial days.
1409
(9)(a) If the child is in protective custody, the juvenile court shall order that the child be
1410
returned to the custody of the parent or guardian unless the juvenile court finds, by a
1411
preponderance of the evidence, consistent with the protections and requirements
1412
provided in Subsection 80-2a-201(1), that any one of the following exists:
1413
(i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
1414
safety of the child and the child's physical health or safety may not be protected
1415
without removing the child from the custody of the child's parent;
1416
(ii)(A) the child is suffering emotional damage that results in a serious impairment
1417
in the child's growth, development, behavior, or psychological functioning;
1418
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1419
would sufficiently prevent future damage; and
1420
(C) there are no reasonable means available by which the child's emotional health
1421
may be protected without removing the child from the custody of the child's
- 42 - Enrolled Copy H.B. 283
1422
parent or guardian;
1423
(iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
1424
not removed from the custody of the child's parent or guardian;
1425
(iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
1426
household has been, or is considered to be at substantial risk of being, physically
1427
abused, sexually abused, or sexually exploited by:
1428
(A) a parent or guardian;
1429
(B) a member of the parent's household or the guardian's household; or
1430
(C) an individual known to the parent or guardian;
1431
(v) the parent or guardian is unwilling to have physical custody of the child;
1432
(vi) the parent or guardian is unable to have physical custody of the child;
1433
(vii) the child is without any provision for the child's support;
1434
(viii) a parent who is incarcerated or institutionalized has not or cannot arrange for
1435
safe and appropriate care for the child;
1436
(ix)(A) a relative or other adult custodian with whom the child is left by the parent
1437
or guardian is unwilling or unable to provide care or support for the child;
1438
(B) the whereabouts of the parent or guardian are unknown; and
1439
(C) reasonable efforts to locate the parent or guardian are unsuccessful;
1440
(x) subject to Subsection [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) and Sections
1441
80-3-109 and 80-3-304, the child is in immediate need of medical care;
1442
(xi)(A) the physical environment or the fact that the child is left unattended
1443
beyond a reasonable period of time poses a threat to the child's health or safety;
1444
and
1445
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1446
would remove the threat;
1447
(xii)(A) the child or a minor residing in the same household has been neglected;
1448
and
1449
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1450
would prevent the neglect;
1451
(xiii) the parent, guardian, or an adult residing in the same household as the parent or
1452
guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine
1453
Drug Lab Act, and any clandestine laboratory operation was located in the
1454
residence or on the property where the child resided;
1455
(xiv)(A) the child's welfare is substantially endangered; and
- 43 - H.B. 283 Enrolled Copy
1456
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1457
would remove the danger; or
1458
(xv) the child's natural parent:
1459
(A) intentionally, knowingly, or recklessly causes the death of another parent of
1460
the child;
1461
(B) is identified by a law enforcement agency as the primary suspect in an
1462
investigation for intentionally, knowingly, or recklessly causing the death of
1463
another parent of the child; or
1464
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1465
recklessly causing the death of another parent of the child.
1466
(b)(i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
1467
established if:
1468
(A) a court previously adjudicated that the child suffered abuse, neglect, or
1469
dependency involving the parent; and
1470
(B) a subsequent incident of abuse, neglect, or dependency involving the parent
1471
occurs.
1472
(ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
1473
knowingly allowed the child to be in the physical care of an individual after the
1474
parent received actual notice that the individual physically abused, sexually
1475
abused, or sexually exploited the child, that fact is prima facie evidence that there
1476
is a substantial risk that the child will be physically abused, sexually abused, or
1477
sexually exploited.
1478
(10)(a)(i) The juvenile court shall make a determination on the record as to whether
1479
reasonable efforts were made to prevent or eliminate the need for removal of the
1480
child from the child's home and whether there are available services that would
1481
prevent the need for continued removal.
1482
(ii) If the juvenile court finds that the child can be safely returned to the custody of
1483
the child's parent or guardian through the provision of the services described in
1484
Subsection (10)(a)(i), the juvenile court shall place the child with the child's
1485
parent or guardian and order that the services be provided by the division.
1486
(b) In accordance with federal law, the juvenile court shall consider the child's health,
1487
safety, and welfare as the paramount concern when making the determination
1488
described in Subsection (10)(a), and in ordering and providing the services described
1489
in Subsection (10)(a).
- 44 - Enrolled Copy H.B. 283
1490
(11) If the division's first contact with the family occurred during an emergency situation in
1491
which the child could not safely remain at home, the juvenile court shall make a finding
1492
that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was
1493
appropriate.
1494
(12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
1495
neglect are involved, the juvenile court and the division do not have any duty to make
1496
reasonable efforts or to, in any other way, attempt to maintain a child in the child's
1497
home, return a child to the child's home, provide reunification services, or attempt to
1498
rehabilitate the offending parent or parents.
1499
(13) The juvenile court may not order continued removal of a child solely on the basis of
1500
educational neglect, truancy, or failure to comply with a court order to attend school.
1501
(14)(a) If a juvenile court orders continued removal of a child under this section, the
1502
juvenile court shall state the facts on which the decision is based.
1503
(b) If no continued removal is ordered and the child is returned home, the juvenile court
1504
shall state the facts on which the decision is based.
1505
(15) If the juvenile court finds that continued removal and temporary custody are necessary
1506
for the protection of a child under Subsection (9)(a), the juvenile court shall order
1507
continued removal regardless of:
1508
(a) any error in the initial removal of the child;
1509
(b) the failure of a party to comply with notice provisions; or
1510
(c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services,
1511
or Chapter 2a, Removal and Protective Custody of a Child.
1512
Section 13. Section 80-3-302 is amended to read:
1513
80-3-302 . Shelter hearing -- Placement of a child.
1514
(1) As used in this section:
1515
(a) "Asserted an interest" means to communicate, verbally or in writing, to the division
1516
or the court, that the relative or friend is interested in becoming a placement for the
1517
child.
1518
(b)(i) "Natural parent," notwithstanding Section 80-1-102, means:
1519
(A) a biological or adoptive mother of the child;
1520
(B) an adoptive father of the child; or
1521
(C) a biological father of the child who:
1522
(I) was married to the child's biological mother at the time the child was
1523
conceived or born; or
- 45 - H.B. 283 Enrolled Copy
1524
(II) has strictly complied with Sections 78B-6-120 through 78B-6-122, before
1525
removal of the child or voluntary surrender of the child by the custodial
1526
parent.
1527
(ii) "Natural parent" includes the individuals described in Subsection (1)(b)
1528
regardless of whether the child has been or will be placed with adoptive parents or
1529
whether adoption has been or will be considered as a long-term goal for the child.
1530
(2)(a) At the shelter hearing, if the juvenile court orders that a child be removed from the
1531
custody of the child's parent in accordance with Section 80-3-301, the juvenile court
1532
shall first determine whether there is another natural parent with whom the child was
1533
not residing at the time the events or conditions that brought the child within the
1534
juvenile court's jurisdiction occurred, who desires to assume custody of the child.
1535
(b) Subject to Subsection (7), if another natural parent requests custody under
1536
Subsection (2)(a), the juvenile court shall place the child with that parent unless the
1537
juvenile court finds that the placement would be unsafe or otherwise detrimental to
1538
the child.
1539
(c) The juvenile court:
1540
(i) shall make a specific finding regarding the fitness of the parent described in
1541
Subsection (2)(b) to assume custody, and the safety and appropriateness of the
1542
placement;
1543
(ii) shall, at a minimum, order the division to visit the parent's home, comply with the
1544
criminal background check provisions described in Section 80-3-305, and check
1545
the Management Information System for any previous reports of abuse or neglect
1546
received by the division regarding the parent at issue;
1547
(iii) may order the division to conduct any further investigation regarding the safety
1548
and appropriateness of the placement; and
1549
(iv) may place the child in the temporary custody of the division, pending the
1550
juvenile court's determination regarding the placement.
1551
(d) The division shall report the division's findings from an investigation under
1552
Subsection (2)(c), regarding the child in writing to the juvenile court.
1553
(3) If the juvenile court orders placement with a parent under Subsection (2):
1554
(a) the child and the parent are under the continuing jurisdiction of the juvenile court;
1555
(b) the juvenile court may order:
1556
(i) that the parent take custody subject to the supervision of the juvenile court; and
1557
(ii) that services be provided to the parent from whose custody the child was
- 46 - Enrolled Copy H.B. 283
1558
removed, the parent who has assumed custody, or both; and
1559
(c) the juvenile court shall order reasonable parent-time with the parent from whose
1560
custody the child was removed, unless parent-time is not in the best interest of the
1561
child.
1562
(4) The juvenile court shall periodically review an order described in Subsection (3) to
1563
determine whether:
1564
(a) placement with the parent continues to be in the child's best interest;
1565
(b) the child should be returned to the original custodial parent;
1566
(c) the child should be placed with a relative under Subsections (6) through (9); or
1567
(d) the child should be placed in the temporary custody of the division.
1568
(5)(a) Legal custody of the child is not affected by an order entered under Subsection (2)
1569
or (3).
1570
(b) To affect a previous court order regarding legal custody, the party shall petition the
1571
court for modification of legal custody.
1572
(6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed from
1573
the custody of the child's parent and is not placed in the custody of the child's other
1574
parent, the juvenile court:
1575
(a) shall, at that time, determine whether there is a relative or a friend who is able and
1576
willing to care for the child, which may include asking a child, who is of sufficient
1577
maturity to articulate the child's wishes in relation to a placement, if there is a relative
1578
or friend with whom the child would prefer to reside;
1579
(b) may order the division to conduct a reasonable search to determine whether there are
1580
relatives or friends who are willing and appropriate, in accordance with the
1581
requirements of this chapter, Chapter 2, Child Welfare Services, and Chapter 2a,
1582
Removal and Protective Custody of a Child, for placement of the child;
1583
(c) shall order the parents to cooperate with the division, within five working days, to
1584
provide information regarding relatives or friends who may be able and willing to
1585
care for the child; and
1586
(d) may order that the child be placed in the temporary custody of the division pending
1587
the determination under Subsection (6)(a).
1588
(7)(a)(i) Subject to Subsection (7)(b), and if the provisions of this section are
1589
satisfied, the division and the juvenile court shall give preferential consideration to
1590
a relative's or a friend's request for placement of the child, if the placement is in
1591
the best interest of the child.
- 47 - H.B. 283 Enrolled Copy
1592
(ii) If a relative or friend verbally communicates to the division or court that the
1593
relative or friend is interested in becoming a placement for the child, the division
1594
or court shall make a written record of the communication and include that written
1595
record in the report the division submits at the initial dispositional hearing, a
1596
report the division submits under Section 80-3-408, or the court's legal file.
1597
(b)(i)(A) The preferential consideration that the juvenile court or division initially
1598
grants a friend under Subsection (7)(a)(i) expires 120 days after the day on
1599
which the shelter hearing occurs.
1600
(B) After the day on which the time period described in Subsection (7)(b)(i)(A)
1601
expires, the division or the juvenile court may not grant preferential
1602
consideration to a friend, who has not obtained custody or asserted an interest
1603
in the child.
1604
(ii)(A) Until eight months after the day on which the shelter hearing occurs, the
1605
preferential consideration that the juvenile court or division grants a relative
1606
under Subsection (7)(a)(i) is a rebuttable presumption that placement of the
1607
child with a relative is in the best interest of the child.
1608
(B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires,
1609
the juvenile court or division shall give preferential consideration to a relative's
1610
request for placement of the child, if the placement is in the best interest of the
1611
child considering the totality of the circumstances.
1612
(C) If a relative asserts an interest in becoming a placement for the child more
1613
than one year after the day on which the shelter hearing occurs, the juvenile
1614
court may not give the relative the preferential consideration described in
1615
Subsection (7)(b)(ii)(B).
1616
(c) The following order of preference shall be applied when determining the individual
1617
with whom a child will be placed, provided that the individual is willing and able to
1618
care for the child:
1619
(i) a noncustodial parent of the child;
1620
(ii) a relative of the child;
1621
(iii) subject to Subsection (7)(d), a friend if the friend is a licensed foster parent; and
1622
(iv) other placements that are consistent with the requirements of law.
1623
(d) In determining whether a friend is a willing, able, and appropriate placement for a
1624
child, the juvenile court or the division:
1625
(i) subject to Subsections (7)(d)(ii) through (iv), shall consider the child's preferences
- 48 - Enrolled Copy H.B. 283
1626
or level of comfort with the friend;
1627
(ii) is required to consider no more than one friend designated by each parent of the
1628
child and one friend designated by the child if the child is of sufficient maturity to
1629
articulate the child's wishes in relation to a placement;
1630
(iii) may limit the number of designated friends to two, one of whom shall be a friend
1631
designated by the child if the child is of sufficient maturity to articulate the child's
1632
wishes in relation to a placement; and
1633
(iv) shall give preference to a friend designated by the child if:
1634
(A) the child is of sufficient maturity to articulate the child's wishes; and
1635
(B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
1636
child.
1637
(e)(i) If a parent of the child or the child, if the child is of sufficient maturity to
1638
articulate the child's wishes in relation to a placement, is not able to designate a
1639
friend who is a licensed foster parent for placement of the child, but is able to
1640
identify a friend who is willing to become licensed as a foster parent, the
1641
department shall fully cooperate to expedite the licensing process for the friend.
1642
(ii) If the friend described in Subsection (7)(e)(i) becomes licensed as a foster parent
1643
within the time frame described in Subsection (7)(b)(i), the juvenile court shall
1644
determine whether it is in the best interest of the child to place the child with the
1645
friend.
1646
(8)(a) If a relative or friend who is willing to cooperate with the child's permanency goal
1647
is identified under Subsection (6)(a), the juvenile court:
1648
(i) shall make a specific finding regarding:
1649
(A) the fitness of that relative or friend as a placement for the child; and
1650
(B) the safety and appropriateness of placement with the relative or friend; and
1651
(ii) may not consider a request for guardianship or adoption of the child by an
1652
individual who is not a relative of the child, or prevent the division from placing
1653
the child in the custody of a relative of the child in accordance with this part, until
1654
after the day on which the juvenile court makes the findings under Subsection
1655
(8)(a)(i).
1656
(b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a
1657
minimum, order the division to:
1658
(i) if the child may be placed with a relative, conduct a background check that
1659
includes:
- 49 - H.B. 283 Enrolled Copy
1660
(A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
1661
background check of the relative;
1662
(B) a completed search, relating to the relative, of the Management Information
1663
System; and
1664
(C) a background check that complies with the criminal background check
1665
provisions described in Section 80-3-305, of each nonrelative of the child who
1666
resides in the household where the child may be placed;
1667
(ii) if the child will be placed with a noncustodial parent, complete a background
1668
check that includes:
1669
(A) the background check requirements applicable to an emergency placement
1670
with a noncustodial parent that are described in Subsections 80-2a-301(4) and
1671
(6);
1672
(B) a completed search, relating to the noncustodial parent of the child, of the
1673
Management Information System; and
1674
(C) a background check that complies with the criminal background check
1675
provisions described in Section 80-3-305, of each nonrelative of the child who
1676
resides in the household where the child may be placed;
1677
(iii) if the child may be placed with an individual other than a noncustodial parent or
1678
a relative, conduct a criminal background check of the individual, and each adult
1679
that resides in the household where the child may be placed, that complies with
1680
the criminal background check provisions described in Section 80-3-305;
1681
(iv) visit the relative's or friend's home;
1682
(v) check the Management Information System for any previous reports of abuse or
1683
neglect regarding the relative or friend at issue;
1684
(vi) report the division's findings in writing to the juvenile court; and
1685
(vii) provide sufficient information so that the juvenile court may determine whether:
1686
(A) the relative or friend has any history of abusive or neglectful behavior toward
1687
other children that may indicate or present a danger to this child;
1688
(B) the child is comfortable with the relative or friend;
1689
(C) the relative or friend recognizes the parent's history of abuse and is committed
1690
to protect the child;
1691
(D) the relative or friend is strong enough to resist inappropriate requests by the
1692
parent for access to the child, in accordance with court orders;
1693
(E) the relative or friend is committed to caring for the child as long as necessary;
- 50 - Enrolled Copy H.B. 283
1694
and
1695
(F) the relative or friend can provide a secure and stable environment for the child.
1696
(c) The division may determine to conduct, or the juvenile court may order the division
1697
to conduct, any further investigation regarding the safety and appropriateness of the
1698
placement described in Subsection (8)(a).
1699
(d) The division shall complete and file the division's assessment regarding placement
1700
with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an
1701
effort to facilitate placement of the child with a relative or friend.
1702
(9)(a) The juvenile court may place a child described in Subsection (2)(a) in the
1703
temporary custody of the division, pending the division's investigation under
1704
Subsection (8), and the juvenile court's determination regarding the appropriateness
1705
of the placement.
1706
(b) The juvenile court shall ultimately base the juvenile court's determination regarding
1707
the appropriateness of a placement with a relative or friend on the best interest of the
1708
child.
1709
(10) If a juvenile court places a child described in Subsection (6) with the child's relative or
1710
friend:
1711
(a) the juvenile court shall:
1712
(i) order the relative or friend take custody, subject to the continuing supervision of
1713
the juvenile court;
1714
(ii) provide for reasonable parent-time with the parent or parents from whose custody
1715
the child is removed, unless parent-time is not in the best interest of the child; and
1716
(iii) conduct a periodic review no less often than every six months, to determine
1717
whether:
1718
(A) placement with a relative or friend continues to be in the child's best interest;
1719
(B) the child should be returned home; or
1720
(C) the child should be placed in the custody of the division;
1721
(b) the juvenile court may enter an order:
1722
(i) requiring the division to provide necessary services to the child and the child's
1723
relative or friend, including the monitoring of the child's safety and well-being; or
1724
(ii) that the juvenile court considers necessary for the protection and best interest of
1725
the child; and
1726
(c) the child and the relative or friend in whose custody the child is placed are under the
1727
continuing jurisdiction of the juvenile court.
- 51 - H.B. 283 Enrolled Copy
1728
(11) No later than 12 months after the day on which the child is removed from the home,
1729
the juvenile court shall schedule a hearing for the purpose of entering a permanent order
1730
in accordance with the best interest of the child.
1731
(12) The time limitations described in Section 80-3-406, with regard to reunification
1732
efforts, apply to a child placed with a previously noncustodial parent under Subsection
1733
(2) or with a relative or friend under Subsection (6).
1734
(13)(a) If the juvenile court awards temporary custody of a child to the division, and the
1735
division places the child with a relative, the division shall:
1736
(i) conduct a criminal background check of the relative that complies with the
1737
criminal background check provisions described in Section 80-3-305; and
1738
(ii) if the results of the criminal background check described in Subsection (13)(a)(i)
1739
would prohibit the relative from having direct access to the child under Section
1740
26B-2-120, the division shall:
1741
(A) take the child into physical custody; and
1742
(B) within three days, excluding weekends and holidays, after the day on which
1743
the child is taken into physical custody under Subsection (13)(a)(ii)(A), give
1744
written notice to the juvenile court, and all parties to the proceedings, of the
1745
division's action.
1746
(b) Subsection (13)(a) does not prohibit the division from placing a child with a relative,
1747
pending the results of the background check described in Subsection (13)(a) on the
1748
relative.
1749
(14) If the juvenile court orders that a child be removed from the custody of the child's
1750
parent and does not award custody and guardianship to another parent, relative, or friend
1751
under this section, the juvenile court shall order that the child be placed in the temporary
1752
custody of the division, to proceed to adjudication and disposition and to be provided
1753
with care and services in accordance with this chapter, Chapter 2, Child Welfare Services,
1754
and Chapter 2a, Removal and Protective Custody of a Child.
1755
(15)(a) If a child reenters the temporary custody or the custody of the division and the
1756
child is not placed with an individual who is a parent, relative, or friend, the division
1757
shall:
1758
(i) notify the child's former foster parents; and
1759
(ii) upon a determination of the former foster parents' willingness and ability to safely
1760
and appropriately care for the child, give the former foster parents preference for
1761
placement of the child.
- 52 - Enrolled Copy H.B. 283
1762
(b) If, after the shelter hearing, the child is placed with an individual who is not a parent,
1763
a relative, a friend, or a former foster parent of the child, priority shall be given to a
1764
foster placement with a married couple, unless it is in the best interests of the child to
1765
place the child with a single foster parent.
1766
(16) In determining the placement of a child, the juvenile court and the division may not
1767
take into account, or discriminate against, the religion of an individual with whom the
1768
child may be placed, unless the purpose of taking religion into account is to place the
1769
child with an individual or family of the same religion as the child.
1770
(17) If the juvenile court's decision differs from a child's express wishes if the child is of
1771
sufficient maturity to articulate the wishes in relation to the child's placement, the
1772
juvenile court shall make findings explaining why the juvenile court's decision differs
1773
from the child's wishes.
1774
(18) This section does not guarantee that an identified relative or friend will receive custody
1775
of the child.
1776
(19)(a) If, for a relative placement, an interstate placement requested under the Interstate
1777
Compact on the Placement of Children has been initiated by the division or is ordered
1778
by or pending before the juvenile court, the court may not finalize a non-relative
1779
placement unless the court gives due weight to:
1780
(i) the preferential consideration granted to a relative in Section 80-3-302;
1781
(ii) the rebuttable presumption in Section 80-3-302; and
1782
(iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
1783
and 80-3-303(1).
1784
(b) Nothing in this section affects the ability of a foster parent to petition the juvenile
1785
court under Subsection 80-3-502(3).
1786
Section 14. Section 80-3-303 is amended to read:
1787
80-3-303 . Post-shelter hearing placement of a child in division's temporary
1788
custody.
1789
(1) If the juvenile court awards temporary custody of a child to the division under Section
1790
80-3-302, or as otherwise permitted by law, the division shall determine ongoing
1791
placement of the child.
1792
(2) In placing a child under Subsection (1), the division:
1793
(a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable
1794
background check provisions described in Section 80-3-302;
1795
(b) is not required to receive approval from the juvenile court before making the
- 53 - H.B. 283 Enrolled Copy
1796
placement;
1797
(c) shall consider the preferential consideration and rebuttable presumption described in
1798
Subsection 80-3-302(7)(a);
1799
(d) shall, within three days, excluding weekends and holidays, after the day on which the
1800
placement is made, give written notice to the juvenile court, and the parties to the
1801
proceedings, that the placement has been made;
1802
(e) may place the child with a noncustodial parent, relative, or friend, using the same
1803
criteria established for an emergency placement under Section 80-2a-301, pending
1804
the results of:
1805
(i) the background check described in Subsection 80-3-302(13)(a); and
1806
(ii) evaluation with the noncustodial parent, relative, or friend to determine the
1807
individual's capacity to provide ongoing care to the child; and
1808
(f) shall take into consideration the will of the child, if the child is of sufficient maturity
1809
to articulate the child's wishes in relation to the child's placement.
1810
(3) If the division's placement decision differs from a child's express wishes and the child is
1811
of sufficient maturity to state the child's wishes in relation to the child's placement, the
1812
division shall:
1813
(a) make written findings explaining why the division's decision differs from the child's
1814
wishes; and
1815
(b) provide the written findings to the juvenile court and the child's attorney guardian ad
1816
litem.
1817
(4)(a) If, for a relative placement, an interstate placement requested under the Interstate
1818
Compact on the Placement of Children has been initiated by the division or is ordered
1819
by or pending before the juvenile court, the court may not finalize a non-relative
1820
placement unless the court gives due weight to:
1821
(i) the preferential consideration granted to a relative in Section 80-3-302;
1822
(ii) the rebuttable presumption in Section 80-3-302; and
1823
(iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
1824
and 80-3-303(1).
1825
(b) Nothing in this section affects the ability of a foster parent to petition the juvenile
1826
court under Subsection 80-3-502(3).
1827
Section 15. Section 80-3-405 is amended to read:
1828
80-3-405 . Dispositions after adjudication.
1829
(1) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the
- 54 - Enrolled Copy H.B. 283
1830
dispositions described in Subsection (2) at the dispositional hearing.
1831
(2)(a)(i) The juvenile court may vest custody of an abused, neglected, or dependent
1832
minor in the division or any other appropriate person, with or without
1833
court-specified child welfare services, in accordance with the requirements and
1834
procedures of this chapter.
1835
(ii) When placing a minor in the custody of the division or any other appropriate
1836
person, the juvenile court:
1837
(A) shall give primary consideration to the welfare of the minor;
1838
(B) shall give due consideration to the rights of the parent or parents concerning
1839
the minor; and
1840
(C) when practicable, may take into consideration the religious preferences of the
1841
minor and of the minor's parents or guardian.
1842
(b)(i) The juvenile court may appoint a guardian for the minor if it appears necessary
1843
in the interest of the minor.
1844
(ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
1845
institution or agency, but not a nonsecure residential placement provider, in which
1846
legal custody of the minor is vested.
1847
(iii) When placing a minor under the guardianship of an individual or of a private
1848
agency or institution, the juvenile court:
1849
(A) shall give primary consideration to the welfare of the minor; and
1850
(B) when practicable, may take into consideration the religious preferences of the
1851
minor and of the minor's parents or guardian.
1852
(c) The juvenile court may order:
1853
(i) protective supervision;
1854
(ii) family preservation;
1855
(iii) sibling visitation; or
1856
(iv) other services.
1857
(d)(i) If a minor has been placed with an individual or relative as a result of an
1858
adjudication under this chapter, the juvenile court may enter an order of
1859
permanent legal custody and guardianship with the individual or relative of the
1860
minor.
1861
(ii) If a juvenile court enters an order of permanent custody and guardianship with an
1862
individual or relative of a minor under Subsection (2)(d)(i), the juvenile court
1863
may, in accordance with Section 78A-6-356, enter an order for child support on
- 55 - H.B. 283 Enrolled Copy
1864
behalf of the minor against the natural parents of the minor.
1865
(iii) An order under this Subsection (2)(d):
1866
(A) shall remain in effect until the minor is 18 years old;
1867
(B) is not subject to review under Section 78A-6-358; and
1868
(C) may be modified by petition or motion as provided in Section 78A-6-357.
1869
(e) The juvenile court may order a child be committed to the physical custody, as
1870
defined in Section 26B-5-401, of a local mental health authority, in accordance with
1871
the procedures and requirements of Title 26B, Chapter 5, Part 4, Commitment of
1872
Persons Under Age 18.
1873
(f)(i) If the child has an intellectual disability, the juvenile court may make an order
1874
committing a minor to the Utah State Developmental Center in accordance with
1875
Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for
1876
People with an Intellectual Disability.
1877
(ii) The juvenile court shall follow the procedure applicable in the district court with
1878
respect to judicial commitments to the Utah State Developmental Center when
1879
ordering a commitment under Subsection (2)(f)(i).
1880
(g)(i) Subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Section 80-3-304,
1881
the juvenile court may order that a minor:
1882
(A) be examined or treated by a mental health therapist, as described in Section
1883
80-3-109; or
1884
(B) receive other special care.
1885
(ii) For purposes of receiving the examination, treatment, or care described in
1886
Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other
1887
suitable facility that is not secure care or secure detention.
1888
(iii) In determining whether to order the examination, treatment, or care described in
1889
Subsection (2)(g)(i), the juvenile court shall consider:
1890
(A) the desires of the minor;
1891
(B) the desires of the parent or guardian of the minor if the minor is younger than
1892
18 years old; and
1893
(C) whether the potential benefits of the examination, treatment, or care outweigh
1894
the potential risks and side-effects, including behavioral disturbances, suicidal
1895
ideation, brain function impairment, or emotional or physical harm resulting
1896
from the compulsory nature of the examination, treatment, or care.
1897
(h) The juvenile court may make other reasonable orders for the best interest of the
- 56 - Enrolled Copy H.B. 283
1898
minor.
1899
(3)(a) At the dispositional hearing described in Subsection 80-3-402(3), if a child
1900
remains in an out-of-home placement, the juvenile court shall:
1901
(i) make specific findings regarding the conditions of parent-time that are in the
1902
child's best interest; and
1903
(ii) if parent-time is denied, state the facts that justify the denial.
1904
(b) Parent-time shall be under the least restrictive conditions necessary to:
1905
(i) protect the physical safety of the child; or
1906
(ii) prevent the child from being traumatized by contact with the parent due to the
1907
child's fear of the parent in light of the nature of the alleged abuse or neglect.
1908
(c)(i) The division or the person designated by the division or a court to supervise a
1909
parent-time session may deny parent-time for the session if the division or the
1910
supervising person determines that, based on the parent's condition, it is necessary
1911
to deny parent-time to:
1912
(A) protect the physical safety of the child;
1913
(B) protect the life of the child; or
1914
(C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized
1915
by contact with the parent.
1916
(ii) In determining whether the condition of the parent described in Subsection
1917
(3)(c)(i) will traumatize a child, the division or the person supervising the
1918
parent-time session shall consider the impact that the parent's condition will have
1919
on the child in light of:
1920
(A) the child's fear of the parent; and
1921
(B) the nature of the alleged abuse or neglect.
1922
(4) Upon an adjudication under this chapter, the juvenile court may not:
1923
(a) commit a minor solely on the ground of abuse, neglect, or dependency to the
1924
Division of Juvenile Justice and Youth Services;
1925
(b) assume the function of developing foster home services; or
1926
(c) vest legal custody of an abused, neglected, or dependent minor in the division to
1927
primarily address the minor's ungovernable or other behavior, mental health, or
1928
disability, unless the division:
1929
(i) engages other relevant divisions within the department that are conducting an
1930
assessment of the minor and the minor's family's needs;
1931
(ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting
- 57 - H.B. 283 Enrolled Copy
1932
custody of the minor in the division is the least restrictive intervention for the
1933
minor that meets the minor's needs; and
1934
(iii) consents to legal custody of the minor being vested in the division.
1935
(5) The juvenile court may combine the dispositions listed in Subsection (2) if combining
1936
the dispositions is permissible and the dispositions are compatible.
1937
(6)(a) If, for a relative placement, an interstate placement requested under the Interstate
1938
Compact on the Placement of Children has been initiated by the division or is ordered
1939
by or pending before the juvenile court, the court may not finalize a non-relative
1940
placement unless the court gives due weight to:
1941
(i) the preferential consideration granted to a relative in Section 80-3-302;
1942
(ii) the rebuttable presumption in Section 80-3-302; and
1943
(iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
1944
and 80-3-303(1).
1945
(b) Nothing in this section affects the ability of a foster parent to petition the juvenile
1946
court under Subsection 80-3-502(3).
1947
Section 16. Section 80-3-406 is amended to read:
1948
80-3-406 . Permanency plan -- Reunification services.
1949
(1) If the juvenile court orders continued removal at the dispositional hearing under Section
1950
80-3-402, and that the minor remain in the custody of the division, the juvenile court
1951
shall first:
1952
(a) establish a primary permanency plan and a concurrent permanency plan for the minor
1953
in accordance with this section; and
1954
(b) determine whether, in view of the primary permanency plan, reunification services
1955
are appropriate for the minor and the minor's family under Subsections (5) through (8).
1956
(2)(a) The concurrent permanency plan shall include:
1957
(i) a representative list of the conditions under which the primary permanency plan
1958
will be abandoned in favor of the concurrent permanency plan; and
1959
(ii) an explanation of the effect of abandoning or modifying the primary permanency
1960
plan.
1961
(b) In determining the primary permanency plan and concurrent permanency plan, the
1962
juvenile court shall consider:
1963
(i) the preference for kinship placement over nonkinship placement, including the
1964
rebuttable presumption described in Subsection 80-3-302(7)(a);
1965
(ii) the potential for a guardianship placement if parental rights are terminated and no
- 58 - Enrolled Copy H.B. 283
1966
appropriate adoption placement is available; and
1967
(iii) the use of an individualized permanency plan, only as a last resort.
1968
(3)(a) The juvenile court may amend a minor's primary permanency plan before the
1969
establishment of a final permanency plan under Section 80-3-409.
1970
(b) The juvenile court is not limited to the terms of the concurrent permanency plan in
1971
the event that the primary permanency plan is abandoned.
1972
(c) If, at any time, the juvenile court determines that reunification is no longer a minor's
1973
primary permanency plan, the juvenile court shall conduct a permanency hearing in
1974
accordance with Section 80-3-409 on or before the earlier of:
1975
(i) 30 days after the day on which the juvenile court makes the determination
1976
described in this Subsection (3)(c); or
1977
(ii) the day on which the provision of reunification services, described in Section
1978
80-3-409, ends.
1979
(4)(a) Because of the state's interest in and responsibility to protect and provide
1980
permanency for minors who are abused, neglected, or dependent, the Legislature
1981
finds that a parent's interest in receiving reunification services is limited.
1982
(b) The juvenile court may determine that:
1983
(i) efforts to reunify a minor with the minor's family are not reasonable or
1984
appropriate, based on the individual circumstances; and
1985
(ii) reunification services should not be provided.
1986
(c) In determining reasonable efforts to be made with respect to a minor, and in making
1987
reasonable efforts, the juvenile court and the division shall consider the minor's
1988
health, safety, and welfare as the paramount concern.
1989
(d) Subject to Subsection (4)(e), the juvenile court may not determine that reunification
1990
services should not be provided solely on the basis of a parent's agreement or
1991
disagreement with the minor's:
1992
(i) assertion that the minor's gender identity is different from the minor's biological
1993
sex;
1994
(ii) practice of having or expressing a different gender identity than the child's
1995
biological sex; or
1996
(iii) sexual orientation.
1997
(e) Subsection (4)(d) does not preclude the juvenile court from determining that
1998
reunification services should not be provided if the parent's agreement or
1999
disagreement with a minor as described in Subsection (4)(d) results in or is related to
- 59 - H.B. 283 Enrolled Copy
2000
harm, as that term is defined in Section 80-1-102, to the minor.
2001
(5) There is a presumption that reunification services should not be provided to a parent if
2002
the juvenile court finds, by clear and convincing evidence, that any of the following
2003
circumstances exist:
2004
(a) the whereabouts of the parents are unknown, based on a verified affidavit indicating
2005
that a reasonably diligent search has failed to locate the parent;
2006
(b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
2007
magnitude that the mental illness renders the parent incapable of utilizing
2008
reunification services;
2009
(c) the minor was previously adjudicated as an abused child due to physical abuse,
2010
sexual abuse, or sexual exploitation, and following the adjudication the child:
2011
(i) was removed from the custody of the minor's parent;
2012
(ii) was subsequently returned to the custody of the parent; and
2013
(iii) is being removed due to additional physical abuse, sexual abuse, or sexual
2014
exploitation;
2015
(d) the parent:
2016
(i) caused the death of another minor through abuse or neglect;
2017
(ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
2018
(A) murder or manslaughter of a minor; or
2019
(B) child abuse homicide;
2020
(iii) committed sexual abuse against the minor;
2021
(iv) is a registered sex offender or required to register as a sex offender; or
2022
(v)(A) intentionally, knowingly, or recklessly causes the death of another parent
2023
of the minor;
2024
(B) is identified by a law enforcement agency as the primary suspect in an
2025
investigation for intentionally, knowingly, or recklessly causing the death of
2026
another parent of the minor; or
2027
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2028
recklessly causing the death of another parent of the minor;
2029
(e) the minor suffered severe abuse by the parent or by any individual known by the
2030
parent if the parent knew or reasonably should have known that the individual was
2031
abusing the minor;
2032
(f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent,
2033
and the juvenile court finds that it would not benefit the minor to pursue reunification
- 60 - Enrolled Copy H.B. 283
2034
services with the offending parent;
2035
(g) the parent's rights are terminated with regard to any other minor;
2036
(h) the minor was removed from the minor's home on at least two previous occasions
2037
and reunification services were offered or provided to the family at those times;
2038
(i) the parent has abandoned the minor for a period of six months or longer;
2039
(j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
2040
location where the parent knew or should have known that a clandestine laboratory
2041
operation was located;
2042
(k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
2043
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder,
2044
or was exposed to an illegal or prescription drug that was abused by the minor's
2045
mother while the minor was in utero, if the minor was taken into division custody for
2046
that reason, unless the mother agrees to enroll in, is currently enrolled in, or has
2047
recently and successfully completed a substance use disorder treatment program
2048
approved by the department; or
2049
(l) subject to Subsection (4)(d), any other circumstance that the juvenile court
2050
determines should preclude reunification efforts or services.
2051
(6)(a) The juvenile court shall base the finding under Subsection (5)(b) on competent
2052
evidence from at least two medical or mental health professionals, who are not
2053
associates, establishing that, even with the provision of services, the parent is not
2054
likely to be capable of adequately caring for the minor within 12 months after the day
2055
on which the juvenile court finding is made.
2056
(b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
2057
court finds, under the circumstances of the case, that the substance use disorder
2058
treatment described in Subsection (5)(k) is not warranted.
2059
(7) In determining whether reunification services are appropriate, the juvenile court shall
2060
take into consideration:
2061
(a) failure of the parent to respond to previous services or comply with a previous child
2062
and family plan;
2063
(b) the fact that the minor was abused while the parent was under the influence of drugs
2064
or alcohol;
2065
(c) any history of violent behavior directed at the minor or an immediate family member;
2066
(d) whether a parent continues to live with an individual who abused the minor;
2067
(e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
- 61 - H.B. 283 Enrolled Copy
2068
(f) testimony by a competent professional that the parent's behavior is unlikely to be
2069
successful; and
2070
(g) whether the parent has expressed an interest in reunification with the minor.
2071
(8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification
2072
services, a permanency hearing shall be conducted within 30 days in accordance with
2073
Section 80-3-409.
2074
(9)(a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that
2075
reunification services are appropriate for the minor and the minor's family, the
2076
juvenile court shall provide for reasonable parent-time with the parent or parents
2077
from whose custody the minor was removed, unless parent-time is not in the best
2078
interest of the minor.
2079
(b) Parent-time is in the best interests of a minor unless the juvenile court makes a
2080
finding that it is necessary to deny parent-time in order to:
2081
(i) protect the physical safety of the minor;
2082
(ii) protect the life of the minor; or
2083
(iii) prevent the minor from being traumatized by contact with the parent due to the
2084
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
2085
(c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
2086
solely on a parent's failure to:
2087
(i) prove that the parent has not used legal or illegal substances; or
2088
(ii) comply with an aspect of the child and family plan that is ordered by the juvenile
2089
court.
2090
(d) Parent-time shall be under the least restrictive conditions necessary to:
2091
(i) protect the physical safety of the child; or
2092
(ii) prevent the child from being traumatized by contact with the parent due to the
2093
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
2094
(e)(i) The division or the person designated by the division or a court to supervise a
2095
parent-time session may deny parent-time for the session if the division or the
2096
supervising person determines that, based on the parent's condition, it is necessary
2097
to deny parent-time to:
2098
(A) protect the physical safety of the child;
2099
(B) protect the life of the child; or
2100
(C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized
2101
by contact with the parent.
- 62 - Enrolled Copy H.B. 283
2102
(ii) In determining whether the condition of the parent described in Subsection
2103
(9)(e)(i) will traumatize a child, the division or the person supervising the
2104
parent-time session shall consider the impact that the parent's condition will have
2105
on the child in light of:
2106
(A) the child's fear of the parent; and
2107
(B) the nature of the alleged abuse or neglect.
2108
(10)(a) If the juvenile court determines that reunification services are appropriate, the
2109
juvenile court shall order that the division make reasonable efforts to provide services
2110
to the minor and the minor's parent for the purpose of facilitating reunification of the
2111
family, for a specified period of time.
2112
(b) In providing the services described in Subsection (10)(a), the juvenile court and the
2113
division shall consider the minor's health, safety, and welfare as the paramount
2114
concern.
2115
(11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
2116
neglect are involved:
2117
(a) the juvenile court does not have any duty to order reunification services; and
2118
(b) the division does not have a duty to make reasonable efforts to or in any other way
2119
attempt to provide reunification services or attempt to rehabilitate the offending
2120
parent or parents.
2121
(12)(a) The juvenile court shall:
2122
(i) determine whether the services offered or provided by the division under the child
2123
and family plan constitute reasonable efforts on the part of the division;
2124
(ii) determine and define the responsibilities of the parent under the child and family
2125
plan in accordance with Subsection 80-3-307(5)(g)(iii); and
2126
(iii) identify verbally on the record, or in a written document provided to the parties,
2127
the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting
2128
in any future determination regarding the provision of reasonable efforts, in
2129
accordance with state and federal law.
2130
(b) If the parent is in a substance use disorder treatment program, other than a certified
2131
drug court program, the juvenile court may order the parent:
2132
(i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
2133
80-3-110(6), in addition to the testing recommended by the parent's substance use
2134
disorder program based on a finding of reasonable suspicion that the parent is
2135
abusing drugs or alcohol; and
- 63 - H.B. 283 Enrolled Copy
2136
(ii) to provide the results of drug or alcohol testing recommended by the substance
2137
use disorder program to the juvenile court or division.
2138
(13)(a) The time period for reunification services may not exceed 12 months from the
2139
day on which the minor was initially removed from the minor's home, unless the time
2140
period is extended under Subsection 80-3-409(7).
2141
(b) This section does not entitle any parent to an entire 12 months of reunification
2142
services.
2143
(14)(a) If reunification services are ordered, the juvenile court may terminate those
2144
services at any time.
2145
(b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to
2146
be inconsistent with the final permanency plan for the minor established under
2147
Section 80-3-409, then measures shall be taken, in a timely manner, to:
2148
(i) place the minor in accordance with the final permanency plan; and
2149
(ii) complete whatever steps are necessary to finalize the permanent placement of the
2150
minor.
2151
(15) Any physical custody of the minor by the parent or a relative during the period
2152
described in Subsections (10) through (14) does not interrupt the running of the period.
2153
(16)(a) If reunification services are ordered, the juvenile court shall conduct a
2154
permanency hearing in accordance with Section 80-3-409 before the day on which
2155
the time period for reunification services expires.
2156
(b) The permanency hearing shall be held no later than 12 months after the original
2157
removal of the minor.
2158
(c) If reunification services are not ordered, a permanency hearing shall be conducted
2159
within 30 days in accordance with Section 80-3-409.
2160
(17) With regard to a minor in the custody of the division whose parent or parents are
2161
ordered to receive reunification services but who have abandoned that minor for a period
2162
of six months from the day on which reunification services are ordered:
2163
(a) the juvenile court shall terminate reunification services; and
2164
(b) the division shall petition the juvenile court for termination of parental rights.
2165
(18) When a minor is under the custody of the division and has been separated from a
2166
sibling due to foster care or adoptive placement, a juvenile court may order sibling
2167
visitation, subject to the division obtaining consent from the sibling's guardian,
2168
according to the juvenile court's determination of the best interests of the minor for
2169
whom the hearing is held.
- 64 - Enrolled Copy H.B. 283
2170
(19)(a) If reunification services are not ordered under this section, and the whereabouts
2171
of a parent becomes known within six months after the day on which the out-of-home
2172
placement of the minor is made, the juvenile court may order the division to provide
2173
reunification services.
2174
(b) The time limits described in this section are not tolled by the parent's absence.
2175
(20)(a) If a parent is incarcerated or institutionalized, the juvenile court shall order
2176
reasonable services unless the juvenile court determines that those services would be
2177
detrimental to the minor.
2178
(b) In making the determination described in Subsection (20)(a), the juvenile court shall
2179
consider:
2180
(i) the age of the minor;
2181
(ii) the degree of parent-child bonding;
2182
(iii) the length of the sentence;
2183
(iv) the nature of the treatment;
2184
(v) the nature of the crime or illness;
2185
(vi) the degree of detriment to the minor if services are not offered;
2186
(vii) for a minor who is 10 years old or older, the minor's attitude toward the
2187
implementation of family reunification services; and
2188
(viii) any other appropriate factors.
2189
(c) Reunification services for an incarcerated parent are subject to the time limitations
2190
imposed in this section.
2191
(d) Reunification services for an institutionalized parent are subject to the time
2192
limitations imposed in this section, unless the juvenile court determines that
2193
continued reunification services would be in the minor's best interest.
2194
Section 17. Section 80-3-407 is amended to read:
2195
80-3-407 . Six-month review hearing -- Findings regarding reasonable efforts by
2196
division -- Findings regarding child and family plan compliance.
2197
(1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406,
2198
the juvenile court shall hold a hearing no more than six months after the day on which
2199
the minor is initially removed from the minor's home, in order for the juvenile court to
2200
determine whether:
2201
(a) the division has provided and is providing reasonable efforts to reunify the family in
2202
accordance with the child and family plan;
2203
(b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to
- 65 - H.B. 283 Enrolled Copy
2204
comply with the requirements of the child and family plan; and
2205
(c) the division considered the preferential consideration and rebuttable presumption
2206
described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c).
2207
(2)(a) At the hearing described in Subsection (1), if a child remains in an out-of-home
2208
placement, the juvenile court shall:
2209
(i) make specific findings regarding the conditions of parent-time that are in the
2210
child's best interest; and
2211
(ii) if parent-time is denied, state the facts that justify the denial.
2212
(b) Parent-time shall be under the least restrictive conditions necessary to:
2213
(i) protect the physical safety of the child; or
2214
(ii) prevent the child from being traumatized by contact with the parent due to the
2215
child's fear of the parent in light of the nature of the alleged abuse or neglect.
2216
(c)(i) The division or the person designated by the division or a court to supervise a
2217
parent-time session may deny parent-time for the session if the division or the
2218
supervising person determines that, based on the parent's condition, it is necessary
2219
to deny parent-time to:
2220
(A) protect the physical safety of the child;
2221
(B) protect the life of the child; or
2222
(C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized
2223
by contact with the parent.
2224
(ii) In determining whether the condition of the parent described in Subsection
2225
(2)(c)(i) will traumatize a child, the division or the person supervising the
2226
parent-time session shall consider the impact that the parent's condition will have
2227
on the child in light of:
2228
(A) the child's fear of the parent; and
2229
(B) the nature of the alleged abuse or neglect.
2230
(3)(a) If, for a relative placement, an interstate placement requested under the Interstate
2231
Compact on the Placement of Children has been initiated by the division or is ordered
2232
by or pending before the juvenile court, the court may not finalize a non-relative
2233
placement unless the court gives due weight to:
2234
(i) the preferential consideration granted to a relative in Section 80-3-302;
2235
(ii) the rebuttable presumption in Section 80-3-302; and
2236
(iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
2237
and 80-3-303(1).
- 66 - Enrolled Copy H.B. 283
2238
(b) Nothing in this section affects the ability of a foster parent to petition the juvenile
2239
court under Subsection 80-3-502(3).
2240
Section 18. Section 80-3-409 is amended to read:
2241
80-3-409 . Permanency hearing -- Final plan -- Petition for termination of
2242
parental rights filed -- Hearing on termination of parental rights.
2243
(1)(a) If reunification services are ordered under Section 80-3-406, with regard to a
2244
minor who is in the custody of the division, the juvenile court shall hold a
2245
permanency hearing no later than 12 months after the day on which the minor is
2246
initially removed from the minor's home.
2247
(b) If reunification services are not ordered at the dispositional hearing, the juvenile
2248
court shall hold a permanency hearing within 30 days after the day on which the
2249
dispositional hearing ends.
2250
(2)(a) If reunification services are ordered in accordance with Section 80-3-406, the
2251
juvenile court shall, at the permanency hearing, determine, consistent with
2252
Subsection (3), whether the minor may safely be returned to the custody of the
2253
minor's parent.
2254
(b) If the juvenile court finds, by a preponderance of the evidence, that return of the
2255
minor to the minor's parent would create a substantial risk of detriment to the minor's
2256
physical or emotional well-being, the minor may not be returned to the custody of the
2257
minor's parent.
2258
(c) Prima facie evidence that return of the minor to a parent or guardian would create a
2259
substantial risk of detriment to the minor is established if:
2260
(i) the parent or guardian fails to:
2261
(A) participate in a court approved child and family plan;
2262
(B) comply with a court approved child and family plan in whole or in part; or
2263
(C) meet the goals of a court approved child and family plan; or
2264
(ii) the minor's natural parent:
2265
(A) intentionally, knowingly, or recklessly causes the death of another parent of
2266
the minor;
2267
(B) is identified by a law enforcement agency as the primary suspect in an
2268
investigation for intentionally, knowingly, or recklessly causing the death of
2269
another parent of the minor; or
2270
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2271
recklessly causing the death of another parent of the minor.
- 67 - H.B. 283 Enrolled Copy
2272
(3) In making a determination under Subsection (2)(a), the juvenile court shall:
2273
(a) review and consider:
2274
(i) the report prepared by the division;
2275
(ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered
2276
by the minor's attorney guardian ad litem;
2277
(iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i);
2278
(iv) any evidence regarding the efforts or progress demonstrated by the parent; and
2279
(v) the extent to which the parent cooperated and used the services provided; and
2280
(b) attempt to keep the minor's sibling group together if keeping the sibling group
2281
together is:
2282
(i) practicable; and
2283
(ii) in accordance with the best interest of the minor.
2284
(4) With regard to a case where reunification services are ordered by the juvenile court, if a
2285
minor is not returned to the minor's parent or guardian at the permanency hearing, the
2286
juvenile court shall, unless the time for the provision of reunification services is
2287
extended under Subsection (7):
2288
(a) order termination of reunification services to the parent;
2289
(b) make a final determination regarding whether termination of parental rights,
2290
adoption, or permanent custody and guardianship is the most appropriate final plan
2291
for the minor, taking into account the minor's primary permanency plan established
2292
by the juvenile court under Section 80-3-406; and
2293
(c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
2294
that identifies the second most appropriate final plan for the minor, if appropriate.
2295
(5) The juvenile court may order another planned permanent living arrangement other than
2296
reunification for a minor who is 16 years old or older upon entering the following
2297
findings:
2298
(a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify
2299
the minor with the minor's parent or parents, or to secure a placement for the minor
2300
with a guardian, an adoptive parent, or an individual described in Subsection 80-3-301
2301
(6)(e);
2302
(b) the division has demonstrated that the division has made efforts to normalize the life
2303
of the minor while in the division's custody, in accordance with Section 80-2-308;
2304
(c) the minor prefers another planned permanent living arrangement; and
2305
(d) there is a compelling reason why reunification or a placement described in
- 68 - Enrolled Copy H.B. 283
2306
Subsection (5)(a) is not in the minor's best interest.
2307
(6) Except as provided in Subsection (7), the juvenile court may not extend reunification
2308
services beyond 12 months after the day on which the minor is initially removed from
2309
the minor's home, in accordance with the provisions of Section 80-3-406.
2310
(7)(a) Subject to Subsection (7)(b), the juvenile court may extend reunification services
2311
for no more than 90 days if the juvenile court finds, by a preponderance of the
2312
evidence, that:
2313
(i) there has been substantial compliance with the child and family plan;
2314
(ii) reunification is probable within that 90-day period; and
2315
(iii) the extension is in the best interest of the minor.
2316
(b)(i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
2317
reunification services beyond 15 months after the day on which the minor is
2318
initially removed from the minor's home.
2319
(ii) Delay or failure of a parent to establish paternity or seek custody does not provide
2320
a basis for the juvenile court to extend services for the parent beyond the
2321
12-month period described in Subsection (6).
2322
(c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
2323
services for one additional 90-day period, beyond the 90-day period described in
2324
Subsection (7)(a), if:
2325
(i) the juvenile court finds, by clear and convincing evidence, that:
2326
(A) the parent has substantially complied with the child and family plan;
2327
(B) it is likely that reunification will occur within the additional 90-day period; and
2328
(C) the extension is in the best interest of the minor;
2329
(ii) the juvenile court specifies the facts upon which the findings described in
2330
Subsection (7)(c)(i) are based; and
2331
(iii) the juvenile court specifies the time period in which it is likely that reunification
2332
will occur.
2333
(d) A juvenile court may not extend the time period for reunification services without
2334
complying with the requirements of this Subsection (7) before the extension.
2335
(e) In determining whether to extend reunification services for a minor, a juvenile court
2336
shall take into consideration the status of the minor siblings of the minor.
2337
(8)(a) At the permanency hearing, if a child remains in an out-of-home placement, the
2338
juvenile court shall:
2339
(i) make specific findings regarding the conditions of parent-time that are in the
- 69 - H.B. 283 Enrolled Copy
2340
child's best interest; and
2341
(ii) if parent-time is denied, state the facts that justify the denial.
2342
(b) Parent-time shall be under the least restrictive conditions necessary to:
2343
(i) protect the physical safety of the child; or
2344
(ii) prevent the child from being traumatized by contact with the parent due to the
2345
child's fear of the parent in light of the nature of the alleged abuse or neglect.
2346
(c)(i) The division or the person designated by the division or a court to supervise a
2347
parent-time session may deny parent-time for the session if the division or the
2348
supervising person determines that, based on the parent's condition, it is necessary
2349
to deny parent-time to:
2350
(A) protect the physical safety of the child;
2351
(B) protect the life of the child; or
2352
(C) consistent with Subsection (8)(c)(ii), prevent the child from being traumatized
2353
by contact with the parent.
2354
(ii) In determining whether the condition of the parent described in Subsection
2355
(8)(c)(i) will traumatize a child, the division or the person supervising the
2356
parent-time session shall consider the impact that the parent's condition will have
2357
on the child in light of:
2358
(A) the child's fear of the parent; and
2359
(B) the nature of the alleged abuse or neglect.
2360
(9) The juvenile court may, in the juvenile court's discretion:
2361
(a) enter any additional order that the juvenile court determines to be in the best interest
2362
of the minor, so long as that order does not conflict with the requirements and
2363
provisions of Subsections (4) through (8); or
2364
(b) order the division to provide protective supervision or other services to a minor and
2365
the minor's family after the division's custody of a minor is terminated.
2366
(10)(a) If the final plan for the minor is to proceed toward termination of parental rights,
2367
the petition for termination of parental rights shall be filed, and a pretrial held, within
2368
45 calendar days after the day on which the permanency hearing is held.
2369
(b) If the division opposes the plan to terminate parental rights, the juvenile court may
2370
not require the division to file a petition for the termination of parental rights, except
2371
as required under Subsection 80-4-203(2).
2372
(11)(a) Any party to an action may, at any time, petition the juvenile court for an
2373
expedited permanency hearing on the basis that continuation of reunification efforts
- 70 - Enrolled Copy H.B. 283
2374
are inconsistent with the permanency needs of the minor.
2375
(b) If the juvenile court so determines, the juvenile court shall order, in accordance with
2376
federal law, that:
2377
(i) the minor be placed in accordance with the permanency plan; and
2378
(ii) whatever steps are necessary to finalize the permanent placement of the minor be
2379
completed as quickly as possible.
2380
(12) Nothing in this section may be construed to:
2381
(a) entitle any parent to reunification services for any specified period of time;
2382
(b) limit a juvenile court's ability to terminate reunification services at any time before a
2383
permanency hearing; or
2384
(c) limit or prohibit the filing of a petition for termination of parental rights by any party,
2385
or a hearing on termination of parental rights, at any time before a permanency
2386
hearing provided that relative placement and custody options have been fairly
2387
considered in accordance with Sections 80-2a-201 and 80-4-104.
2388
(13)(a) Subject to Subsection (13)(b), if a petition for termination of parental rights is
2389
filed before the date scheduled for a permanency hearing, the juvenile court may
2390
consolidate the hearing on termination of parental rights with the permanency hearing.
2391
(b) For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on
2392
termination of parental rights with the permanency hearing:
2393
(i) the juvenile court shall first make a finding regarding whether reasonable efforts
2394
have been made by the division to finalize the permanency plan for the minor; and
2395
(ii) any reunification services shall be terminated in accordance with the time lines
2396
described in Section 80-3-406.
2397
(c) The juvenile court shall make a decision on a petition for termination of parental
2398
rights within 18 months after the day on which the minor is initially removed from
2399
the minor's home.
2400
(14)(a) If a juvenile court determines that a minor will not be returned to a parent of the
2401
minor, the juvenile court shall consider appropriate placement options inside and
2402
outside of the state.
2403
(b) In considering appropriate placement options under Subsection (14)(a), the juvenile
2404
court shall provide preferential consideration to a relative's request for placement of
2405
the minor.
2406
(15)(a) In accordance with Section 80-3-108, if a minor 14 years old or older desires an
2407
opportunity to address the juvenile court or testify regarding permanency or
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2408
placement, the juvenile court shall give the minor's wishes added weight, but may not
2409
treat the minor's wishes as the single controlling factor under this section.
2410
(b) If the juvenile court's decision under this section differs from a minor's express
2411
wishes if the minor is of sufficient maturity to articulate the wishes in relation to
2412
permanency or the minor's placement, the juvenile court shall make findings
2413
explaining why the juvenile court's decision differs from the minor's wishes.
2414
(16)(a) If, for a relative placement, an interstate placement requested under the Interstate
2415
Compact on the Placement of Children has been initiated by the division or is ordered
2416
by or pending before the juvenile court, the court may not finalize a non-relative
2417
placement unless the court gives due weight to:
2418
(i) the preferential consideration granted to a relative in Section 80-3-302;
2419
(ii) the rebuttable presumption in Section 80-3-302; and
2420
(iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51)
2421
and 80-3-303(1).
2422
(b) Nothing in this section affects the ability of a foster parent to petition the juvenile
2423
court under Subsection 80-3-502(3).
2424
Section 19. Section 81-9-101 is amended to read:
2425
81-9-101 . Definitions for chapter.
2426
As used in this chapter:
2427
(1) "Abuse" means the same as that term is defined in Section 80-1-102.
2428
(2)(a) "Custodial responsibility" means all powers and duties relating to caretaking
2429
authority and decision-making authority for a minor child.
2430
(b) "Custodial responsibility" includes physical custody, legal custody, parenting time,
2431
right to access, parent-time, and authority to grant limited contact with a minor child.
2432
(3) "Domestic violence" means the same as that term is defined in Section 77-36-1.
2433
(4) "Gender identity" means the same as that term is defined in Section 34A-5-102.
2434
[(4)] (5) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers
2435
of a parent by both parents, where specified.
2436
[(5)] (6) "Joint physical custody" means the minor child stays with each parent overnight for
2437
more than 30% of the year and both parents contribute to the expenses of the minor child
2438
in addition to paying child support.
2439
[(6)] (7)(a) "Parenting functions" means those aspects of the parent-child relationship in
2440
which the parent makes decisions and performs functions necessary for the care and
2441
growth of the minor child.
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2442
(b) "Parenting functions" include:
2443
(i) maintaining a loving, stable, consistent, and nurturing relationship with the minor
2444
child;
2445
(ii) attending to the daily needs of the minor child, such as feeding, clothing, physical
2446
care, grooming, supervision, health care, day care, and engaging in other activities
2447
which are appropriate to the developmental level of the minor child and that are
2448
within the social and economic circumstances of the particular family;
2449
(iii) attending to adequate education for the minor child, including remedial or other
2450
education essential to the best interest of the minor child;
2451
(iv) assisting the minor child in developing and maintaining appropriate interpersonal
2452
relationships;
2453
(v) exercising appropriate judgment regarding the minor child's welfare, consistent
2454
with the minor child's developmental level and family social and economic
2455
circumstances; and
2456
(vi) providing for the financial support of the minor child.
2457
[(7)] (8)(a) "Parenting plan" means a plan for parenting a minor child.
2458
(b) "Parenting plan" includes the allocation of parenting functions that are incorporated
2459
in any final decree or decree of modification including an action for dissolution of
2460
marriage, annulment, legal separation, or paternity.
2461
[(8)] (9) "Protective order" means:
2462
(a) a civil protective order, as that term is defined in Section 78B-7-102;
2463
(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
2464
(c) a foreign protection order, as that term is defined in Section 78B-7-302.
2465
[(9)] (10) "Psychological maltreatment" means a repeated pattern or extreme incident of
2466
caretaker behavior that:
2467
(a) intentionally thwarts a minor child's basic psychological needs, including physical
2468
and psychological safety, cognitive stimulation, and respect;
2469
(b) conveys that a minor child is worthless, defective, or expendable; and
2470
(c) may terrorize a minor child.
2471
[(10)] (11) " Service member" means a member of a uniformed service.
2472
[(11)] (12) "Sexual abuse" means the same as that term is defined in Section 80-1-102.
2473
[(12)] (13) "Supervised parent-time" means parent-time that requires the noncustodial parent
2474
to be accompanied during parent-time by an individual approved by the court.
2475
[(13)] (14) "Surrogate care" means care by any individual other than the parent of the minor
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2476
child.
2477
[(14)] (15) "Uniformed service" means:
2478
(a) active and reserve components of the United States Armed Forces;
2479
(b) the United States Merchant Marine;
2480
(c) the commissioned corps of the United States Public Health Service;
2481
(d) the commissioned corps of the National Oceanic and Atmospheric Administration of
2482
the United States; or
2483
(e) the National Guard of a state.
2484
[(15)] (16) "Uninterrupted time" means parent-time exercised by one parent without
2485
interruption at any time by the presence of the other parent.
2486
[(16)] (17) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
2487
email, instant messaging, video conferencing, and other wired or wireless technologies
2488
over the Internet or other communication media, to supplement in-person visits between
2489
a noncustodial parent and a minor child or between a minor child and the custodial
2490
parent when the minor child is staying with the noncustodial parent.
2491
Section 20. Section 81-9-204 is amended to read:
2492
81-9-204 . Custody and parent-time of a minor child -- Custody factors --
2493
Preferences.
2494
(1) In a proceeding between parents in which the custody and parent-time of a minor child
2495
is at issue, the court shall consider the best interests of the minor child in determining
2496
any form of custody and parent-time.
2497
(2) The court shall determine whether an order for custody or parent-time is in the best
2498
interests of the minor child by a preponderance of the evidence.
2499
(3) In determining any form of custody and parent-time under Subsection (1), the court
2500
shall consider:
2501
(a) for each parent, and in accordance with Section 81-9-104, evidence of domestic
2502
violence, physical abuse, or sexual abuse involving the minor child, the parent, or a
2503
household member of the parent;
2504
(b) whether the parent has intentionally exposed the minor child to pornography or
2505
material harmful to minors, as "material" and "harmful to minors" are defined in
2506
Section 76-10-1201; and
2507
(c) whether custody and parent-time would endanger the minor child's health or physical
2508
or psychological safety.
2509
(4) In determining the form of custody and parent-time that is in the best interests of the
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2510
minor child, the court may consider, among other factors the court finds relevant, the
2511
following for each parent:
2512
(a) evidence of psychological maltreatment;
2513
(b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the
2514
developmental needs of the minor child, including the minor child's:
2515
(i) physical needs;
2516
(ii) emotional needs;
2517
(iii) educational needs;
2518
(iv) medical needs; and
2519
(v) any special needs;
2520
(c) the parent's capacity and willingness to function as a parent, including:
2521
(i) parenting skills;
2522
(ii) co-parenting skills, including:
2523
(A) ability to appropriately communicate with the other parent;
2524
(B) ability to encourage the sharing of love and affection; and
2525
(C) willingness to allow frequent and continuous contact between the minor child
2526
and the other parent, except that, if the court determines that the parent is
2527
acting to protect the minor child from domestic violence, neglect, or abuse, the
2528
parent's protective actions may be taken into consideration; and
2529
(iii) ability to provide personal care rather than surrogate care;
2530
(d) the past conduct and demonstrated moral character of the parent as described in
2531
Subsection (9);
2532
(e) the emotional stability of the parent;
2533
(f) the parent's inability to function as a parent because of drug abuse, excessive
2534
drinking, or other causes;
2535
(g) the parent's reason for having relinquished custody or parent-time in the past;
2536
(h) duration and depth of desire for custody or parent-time;
2537
(i) the parent's religious compatibility with the minor child;
2538
(j) the parent's financial responsibility;
2539
(k) the child's interaction and relationship with step-parents, extended family members
2540
of other individuals who may significantly affect the minor child's best interests;
2541
(l) who has been the primary caretaker of the minor child;
2542
(m) previous parenting arrangements in which the minor child has been happy and
2543
well-adjusted in the home, school, and community;
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2544
(n) the relative benefit of keeping siblings together;
2545
(o) the stated wishes and concerns of the minor child, taking into consideration the
2546
minor child's cognitive ability and emotional maturity;
2547
(p) the relative strength of the minor child's bond with the parent, meaning the depth,
2548
quality, and nature of the relationship between the parent and the minor child; and
2549
(q) any other factor the court finds relevant.
2550
(5)(a) A minor child may not be required by either party to testify unless the trier of fact
2551
determines that extenuating circumstances exist that would necessitate the testimony
2552
of the minor child be heard and there is no other reasonable method to present the
2553
minor child's testimony.
2554
(b)(i) The court may inquire and take into consideration the minor child's desires
2555
regarding future custody or parent-time schedules, but the expressed desires are
2556
not controlling and the court may determine the minor child's custody or
2557
parent-time otherwise.
2558
(ii) The desires of a minor child who is 14 years old or older shall be given added
2559
weight, but is not the single controlling factor.
2560
(c)(i) If an interview with a minor child is conducted by the court in accordance with
2561
Subsection (5)(b), the interview shall be conducted by the court in camera.
2562
(ii) The prior consent of the parties may be obtained but is not necessary if the court
2563
finds that an interview with a minor child is the only method to ascertain the
2564
minor child's desires regarding custody.
2565
(6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a
2566
parent due to a disability, as defined in Section 57-21-2, in awarding custody or
2567
determining whether a substantial change has occurred for the purpose of modifying
2568
an award of custody.
2569
(b) The court may not consider the disability of a parent as a factor in awarding custody
2570
or modifying an award of custody based on a determination of a substantial change in
2571
circumstances, unless the court makes specific findings that:
2572
(i) the disability significantly or substantially inhibits the parent's ability to provide
2573
for the physical and emotional needs of the minor child at issue; and
2574
(ii) the parent with a disability lacks sufficient human, monetary, or other resources
2575
available to supplement the parent's ability to provide for the physical and
2576
emotional needs of the minor child at issue.
2577
(c) Nothing in this section may be construed to apply to adoption proceedings under
- 76 - Enrolled Copy H.B. 283
2578
Title 78B, Chapter 6, Part 1, Utah Adoption Act.
2579
(7) This section does not establish:
2580
(a) a preference for either parent solely because of the gender of the parent; or
2581
(b) a preference for or against joint physical custody or sole physical custody, but allows
2582
the court and the family the widest discretion to choose a parenting plan that is in the
2583
best interest of the minor child.
2584
(8) When an issue before the court involves custodial responsibility in the event of a
2585
deployment of a parent who is a service member and the service member has not yet
2586
been notified of deployment, the court shall resolve the issue based on the standards in
2587
Sections 78B-20-306 through 78B-20-309.
2588
(9) In considering the past conduct and demonstrated moral standards of each party under
2589
Subsection (4)(d) or any other factor a court finds relevant, the court may not:
2590
(a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal
2591
dosage form, a cannabis product in a medicinal dosage form, or a medical
2592
cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production
2593
Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid
2594
Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently
2595
than the court would consider or treat the lawful possession or use of any
2596
prescribed controlled substance; or
2597
(ii) discriminate against a parent because of the parent's status as a:
2598
(A) cannabis production establishment agent, as that term is defined in Section
2599
4-41a-102;
2600
(B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
2601
(C) medical cannabis courier agent, as that term is defined in Section 26B-4-201;
2602
or
2603
(D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
2604
Cannabinoid Research and Medical Cannabis; or
2605
(b) discriminate against a parent based upon the parent's agreement or disagreement with
2606
a minor child of the couple's:
2607
(i) assertion that the minor child's gender identity is different from the minor child's
2608
biological sex;[ or]
2609
(ii) practice of having or expressing a different gender identity than the minor child's
2610
biological sex[.] ; or
2611
(iii) sexual orientation.
- 77 - H.B. 283 Enrolled Copy
2612
(10)(a) The court shall consider evidence of domestic violence if evidence of domestic
2613
violence is presented.
2614
(b) The court shall consider as primary, the safety and well-being of the minor child and
2615
the parent who experiences domestic violence.
2616
(c) A court shall consider an order issued by a court in accordance with Title 78B,
2617
Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or
2618
substantiated potential harm to the minor child.
2619
(d) If a parent relocates because of an act of domestic violence or family violence by the
2620
other parent, the court shall make specific findings and orders with regards to the
2621
application of Section 81-9-209.
2622
(11) Absent a showing by a preponderance of evidence of real harm or substantiated
2623
potential harm to the minor child:
2624
(a) it is in the best interest of the minor child to have frequent, meaningful, and
2625
continuing access to each parent following separation or divorce;
2626
(b) each parent is entitled to and responsible for frequent, meaningful, and continuing
2627
access with the parent's minor child consistent with the minor child's best interests;
2628
and
2629
(c) it is in the best interest of the minor child to have both parents actively involved in
2630
parenting the minor child.
2631
(12) Notwithstanding any other provision of this chapter, the court may not grant custody or
2632
parent-time of a minor child to a parent convicted of a sexual offense, as defined in
2633
Section 77-37-2, that resulted in the conception of the minor child unless:
2634
(a) the nonconvicted biological parent, or the legal guardian of the minor child, consents
2635
to custody or parent-time and the court determines it is in the best interest of the
2636
minor child to award custody or parent-time to the convicted parent; or
2637
(b) after the date of the conviction, the convicted parent and the nonconvicted parent
2638
cohabit and establish a mutual custodial environment for the minor child.
2639
(13) A denial of custody or parent-time under Subsection (12) does not:
2640
(a) terminate the parental rights of the parent denied parent-time or custody; or
2641
(b) affect the obligation of the convicted parent to financially support the minor child.
2642
Section 21. Effective Date.
2643
This bill takes effect on May 7, 2025.
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