Enrolled Copy S.B. 177
1
Child Welfare Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Christine F. Watkins
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions related to child safety and welfare.
6
Highlighted Provisions:
7
This bill:
8
▸ creates a process by which a child in the state's custody may use a Division of Child and
9
Family Services' address for purposes of a driver license;
10
▸ amends definitions for the Juvenile Code;
11
▸ amends provisions regarding the time and circumstances under which a person may seek
12
review of certain child abuse or neglect findings;
13
▸ addresses the evidence that a juvenile court shall hear at a shelter hearing;
14
▸ addresses what a juvenile court considers when determining whether reunification
15
services are appropriate; and
16
▸ makes technical and conforming changes.
17
Money Appropriated in this Bill:
18
None
19
Other Special Clauses:
20
None
21
Utah Code Sections Affected:
22
AMENDS:
23
26B-1-211, as renumbered and amended by Laws of Utah 2022, Chapter 255
24
26B-2-120, as last amended by Laws of Utah 2024, Chapter 234
25
26B-2-121, as renumbered and amended by Laws of Utah 2023, Chapter 305
26
26B-2-240, as last amended by Laws of Utah 2024, Chapter 310
27
53-2d-410, as last amended by Laws of Utah 2024, Chapter 147 S.B. 177 Enrolled Copy
28
53-3-104, as last amended by Laws of Utah 2024, Chapter 106
29
78A-6-103, as last amended by Laws of Utah 2024, Chapter 366
30
80-1-102, as last amended by Laws of Utah 2024, Chapter 256
31
80-2-707, as renumbered and amended by Laws of Utah 2022, Chapter 334
32
80-2-708, as renumbered and amended by Laws of Utah 2022, Chapter 334
33
80-2-1002, as last amended by Laws of Utah 2024, Chapter 147
34
80-2-1003, as renumbered and amended by Laws of Utah 2022, Chapter 334
35
80-2-1004, as last amended by Laws of Utah 2023, Chapter 184
36
80-3-301, as last amended by Laws of Utah 2023, Chapter 309
37
80-3-404, as last amended by Laws of Utah 2023, Chapters 310, 330
38
80-3-406, as last amended by Laws of Utah 2023, Chapter 320
39
80-3-504, as last amended by Laws of Utah 2023, Chapters 310, 330
40
41
Be it enacted by the Legislature of the state of Utah:
42
Section 1. Section 26B-1-211 is amended to read:
43
26B-1-211 . Background checks for employees -- Access to abuse and neglect
44
information to screen employees and volunteers.
45
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in
46
Section 53-10-201.
47
(2) Beginning July 1, 2018, the department may require a fingerprint-based local, regional,
48
and national criminal history background check and ongoing monitoring of:
49
(a) all staff, contracted employees, and volunteers who:
50
(i) have access to protected health information or personal identifying information;
51
(ii) have direct access to patients, children, or vulnerable adults as defined in Section
52
26B-2-101;
53
(iii) work in areas of privacy and data security;
54
(iv) handle financial information, including receipt of funds, reviewing invoices,
55
making payments, and other types of financial information; and
56
(v) perform audit functions, whether internal or external, on behalf of the department;
57
and
58
(b) job applicants who have been offered a position with the department and the job
59
requirements include those described in Subsection (2)(a).
60
(3) Beginning July 1, 2022, for the purposes described in Subsection (2), the department
61
may also access:
- 2 - Enrolled Copy S.B. 177
62
(a) the department's Management Information System created in Section 80-2-1001;
63
(b) the department's Licensing Information System created in Section 80-2-1002;
64
(c) the statewide database of the Division of Aging and Adult Services created by
65
Section 26B-6-210; and
66
(d) juvenile court records under Subsection 80-3-404(4) or 80-3-504(6).
67
(4) Each individual in a position listed in Subsection (2) shall provide a completed
68
fingerprint card to the department upon request.
69
(5) The department shall require that an individual required to submit to a background
70
check under Subsection (4) provide a signed waiver on a form provided by the
71
department that meets the requirements of Subsection 53-10-108(4).
72
(6) For a noncriminal justice background search and registration in accordance with
73
Subsection 53-10-108(13), the department shall submit to the bureau:
74
(a) the applicant's personal identifying information and fingerprints for a criminal
75
history search of applicable local, regional, and national databases; and
76
(b) a request for all information received as a result of the local, regional, and
77
nationwide background check.
78
(7) The department is responsible for the payment of all fees required by Subsection
79
53-10-108(15) and any fees required to be submitted to the Federal Bureau of
80
Investigation by the bureau.
81
(8) The department may make rules in accordance with Title 63G, Chapter 3, Utah
82
Administrative Rulemaking Act, that:
83
(a) determine how the department will assess the employment status of an individual
84
upon receipt of background information;
85
(b) determine when an individual would be disqualified from holding a position based
86
on:
87
(i) the type of crimes and the severity of those crimes; or
88
(ii) one or more substantiated or supported findings of abuse, neglect, or exploitation;
89
and
90
(c) identify the appropriate privacy risk mitigation strategy to be used in accordance
91
with Subsection 53-10-108(13)(b).
92
Section 2. Section 26B-2-120 is amended to read:
93
26B-2-120 . Background check -- Direct access to children or vulnerable adults.
94
(1) As used in this section:
95
(a)(i) "Applicant" means an individual who is associated with a certification,
- 3 - S.B. 177 Enrolled Copy
96
contract, or licensee with the department under this part and has direct access,
97
including:
98
(A) an adoptive parent or prospective adoptive parent, including an applicant for
99
an adoption in accordance with Section 78B-6-128;
100
(B) a foster parent or prospective foster parent;
101
(C) an individual who provides respite care to a foster parent or an adoptive parent
102
on more than one occasion;
103
(D) an individual who transports a child for a youth transportation company;
104
(E) an individual who provides certified peer support, as defined in Section
105
26B-5-610;
106
(F) an individual who provides peer supports, has a disability or a family member
107
with a disability, or is in recovery from a mental illness or a substance use
108
disorder;
109
(G) an individual who has lived experience with the services provided by the
110
department, and uses that lived experience to provide support, guidance, or
111
services to promote resiliency and recovery;
112
(H) an individual who is identified as a mental health professional, licensed under
113
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
114
the practice of mental health therapy, as defined in Section 58-60-102;
115
(I) an individual, other than the child or vulnerable adult receiving the service,
116
who is 12 years old or older and resides in a home, that is licensed or certified
117
by the division;
118
(J) an individual who is 12 years old or older and is associated with a certification,
119
contract, or licensee with the department under this part and has or will likely
120
have direct access;
121
(K) a foster home licensee that submits an application for an annual background
122
screening as required by Subsection 26B-2-105(4)(d)(iii); or
123
(L) a short-term relief care provider.
124
(ii) "Applicant" does not include:
125
(A) an individual who is in the custody of the Division of Child and Family
126
Services or the Division of Juvenile Justice and Youth Services;
127
(B) an individual who applies for employment with, or is employed by, the
128
Department of Health and Human Services;
129
(C) a parent of a person receiving services from the Division of Services for
- 4 - Enrolled Copy S.B. 177
130
People with Disabilities, if the parent provides direct care to and resides with
131
the person, including if the parent provides direct care to and resides with the
132
person pursuant to a court order; or
133
(D) an individual or a department contractor who provides services in an adults
134
only substance use disorder program, as defined by rule adopted by the
135
Department of Health and Human Services in accordance with Title 63G,
136
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
137
director or a member, as defined by Section 26B-2-105, of the program.
138
(b) "Application" means a background check application to the office.
139
(c) "Bureau" means the Bureau of Criminal Identification within the Department of
140
Public Safety, created in Section 53-10-201.
141
(d) "Criminal finding" means a record of:
142
(i) an arrest for a criminal offense;
143
(ii) a warrant for a criminal arrest;
144
(iii) charges for a criminal offense; or
145
(iv) a criminal conviction.
146
(e) "Direct access" means that an individual has, or likely will have:
147
(i) contact with or access to a child or vulnerable adult by which the individual will
148
have the opportunity for personal communication or touch with the child or
149
vulnerable adult; or
150
(ii) an opportunity to view medical, financial, or other confidential personal
151
identifying information of the child, the child's parent or legal guardian, or the
152
vulnerable adult.
153
(f)(i) "Direct access qualified" means that the applicant has an eligible determination
154
by the office within the license and renewal time period; and
155
(ii) no more than 180 days have passed since the date on which the applicant's
156
association with a certification, contract, or licensee with the department expires.
157
(g) "Incidental care" means occasional care, not in excess of five hours per week and
158
never overnight, for a foster child.
159
(h) "Licensee" means an individual or a human services program licensed by the
160
division.
161
(i) "Non-criminal finding" means a record maintained in:
162
(i) the Division of Child and Family Services' Management Information System
163
described in Section 80-2-1001;
- 5 - S.B. 177 Enrolled Copy
164
(ii) the Division of Child and Family Services' Licensing Information System
165
described in Section 80-2-1002;
166
(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
167
exploitation database described in Section 26B-6-210;
168
(iv) juvenile court arrest, adjudication, and disposition records;
169
(v) the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77,
170
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
171
offender registry; or
172
(vi) a state child abuse or neglect registry.
173
(j) "Office" means the Office of Background Processing within the department.
174
(k) "Personal identifying information" means:
175
(i) current name, former names, nicknames, and aliases;
176
(ii) date of birth;
177
(iii) physical address and email address;
178
(iv) telephone number;
179
(v) driver license or other government-issued identification;
180
(vi) social security number;
181
(vii) only for applicants who are 18 years old or older, fingerprints, in a form
182
specified by the office; and
183
(viii) other information specified by the office by rule made in accordance with Title
184
63G, Chapter 3, Utah Administrative Rulemaking Act.
185
(2) Except as provided in Subsection (12), an applicant or a representative shall submit the
186
following to the office:
187
(a) personal identifying information;
188
(b) a fee established by the office under Section 63J-1-504;
189
(c) a disclosure form, specified by the office, for consent for:
190
(i) an initial background check upon association with a certification, contract, or
191
licensee with the department;
192
(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
193
certification, contract, or licensee with the department for 180 days;
194
(iii) a background check when the office determines that reasonable cause exists; and
195
(iv) retention of personal identifying information, including fingerprints, for
196
monitoring and notification as described in Subsections (3)(c) and (4);
197
(d) if an applicant resided outside of the United States and its territories during the five
- 6 - Enrolled Copy S.B. 177
198
years immediately preceding the day on which the information described in
199
Subsections (2)(a) through (c) is submitted to the office, documentation establishing
200
whether the applicant was convicted of a crime during the time that the applicant
201
resided outside of the United States or its territories; and
202
(e) an application showing an applicant's association with a certification, contract, or a
203
licensee with the department, for the purpose of the office tracking the direct access
204
qualified status of the applicant, which expires 180 days after the date on which the
205
applicant is no longer associated with a certification, contract, or a licensee with the
206
department.
207
(3) The office:
208
(a) shall perform the following duties as part of a background check of an applicant
209
before the office grants or denies direct access qualified status to an applicant:
210
(i) check state and regional criminal background databases for the applicant's
211
criminal history by:
212
(A) submitting personal identifying information to the bureau for a search; or
213
(B) using the applicant's personal identifying information to search state and
214
regional criminal background databases as authorized under Section 53-10-108;
215
(ii) submit the applicant's personal identifying information and fingerprints to the
216
bureau for a criminal history search of applicable national criminal background
217
databases;
218
(iii) search the Division of Child and Family Services' Licensing Information System
219
described in Section 80-2-1002;
220
(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
221
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national
222
sex offender registry for an applicant 18 years old or older;
223
(v) if the applicant is associated with a licensee for a prospective foster or adoptive
224
parent, search the Division of Child and Family Services' Management
225
Information System described in Section 80-2-1001;
226
(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
227
or exploitation database described in Section 26B-6-210;
228
(vii) search the juvenile court records for substantiated findings of severe child abuse
229
or neglect described in Section 80-3-404 or 80-3-504; and
230
(viii) search the juvenile court arrest, adjudication, and disposition records, as
231
provided under Section 78A-6-209;
- 7 - S.B. 177 Enrolled Copy
232
(b) may conduct all or portions of a background check in connection with determining
233
whether an applicant is direct access qualified, as provided by rule, made by the
234
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
235
(i) for an annual renewal; or
236
(ii) when the office determines that reasonable cause exists;
237
(c) may submit an applicant's personal identifying information, including fingerprints, to
238
the bureau for checking, retaining, and monitoring of state and national criminal
239
background databases and for notifying the office of new criminal activity associated
240
with the applicant;
241
(d) shall track the status of an applicant under this section to ensure that the applicant is
242
not required to duplicate the submission of the applicant's fingerprints if the applicant
243
is associated with more than one certification, contract, or licensee with the
244
department;
245
(e) shall notify the bureau when a direct access qualified individual has not been
246
associated with a certification, contract, or licensee with the department for a period
247
of 180 days;
248
(f) shall adopt measures to strictly limit access to personal identifying information solely
249
to the individuals responsible for processing and entering the applications for
250
background checks and to protect the security of the personal identifying information
251
the office reviews under this Subsection (3);
252
(g) as necessary to comply with the federal requirement to check a state's child abuse
253
and neglect registry regarding any applicant working in a congregate care program,
254
shall:
255
(i) search the Division of Child and Family Services' Licensing Information System
256
described in Section 80-2-1002; and
257
(ii) require the child abuse and neglect registry be checked in each state where an
258
applicant resided at any time during the five years immediately preceding the day
259
on which the application is submitted to the office; and
260
(h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
261
Rulemaking Act, to implement the provisions of this Subsection (3) relating to
262
background checks.
263
(4)(a) With the personal identifying information the office submits to the bureau under
264
Subsection (3), the bureau shall check against state and regional criminal background
265
databases for the applicant's criminal history.
- 8 - Enrolled Copy S.B. 177
266
(b) With the personal identifying information and fingerprints the office submits to the
267
bureau under Subsection (3), the bureau shall check against national criminal
268
background databases for the applicant's criminal history.
269
(c) Upon direction from the office, and with the personal identifying information and
270
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
271
(i) maintain a separate file of the fingerprints for search by future submissions to the
272
local and regional criminal records databases, including latent prints; and
273
(ii) monitor state and regional criminal background databases and identify criminal
274
activity associated with the applicant.
275
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
276
Investigation Next Generation Identification System, to be retained in the Federal
277
Bureau of Investigation Next Generation Identification System for the purpose of:
278
(i) being searched by future submissions to the national criminal records databases,
279
including the Federal Bureau of Investigation Next Generation Identification
280
System and latent prints; and
281
(ii) monitoring national criminal background databases and identifying criminal
282
activity associated with the applicant.
283
(e) The [Bureau] bureau shall notify and release to the office all information of criminal
284
activity associated with the applicant.
285
(f) Upon notice that an individual who has direct access qualified status will no longer
286
be associated with a certification, contract, or licensee with the department, the
287
bureau shall:
288
(i) discard and destroy any retained fingerprints; and
289
(ii) notify the Federal Bureau of Investigation when the license has expired or an
290
individual's direct access to a child or a vulnerable adult has ceased, so that the
291
Federal Bureau of Investigation will discard and destroy the retained fingerprints
292
from the Federal Bureau of Investigation Next Generation Identification System.
293
(5)(a) Except as provided in Subsection (5)(b), the office shall deny direct access
294
qualified status to an applicant who, within three years from the date on which the
295
office conducts the background check, was convicted of:
296
(i) a felony or misdemeanor involving conduct that constitutes any of the following:
297
(A) an offense identified as domestic violence, lewdness, voyeurism, battery,
298
cruelty to animals, or bestiality;
299
(B) a violation of any pornography law, including sexual exploitation of a minor
- 9 - S.B. 177 Enrolled Copy
300
or aggravated sexual exploitation of a minor;
301
(C) sexual solicitation or prostitution;
302
(D) a violent offense committed in the presence of a child, as described in Section
303
76-3-203.10;
304
(E) an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
305
(F) an offense included in Title 76, Chapter 5, Offenses Against the Individual;
306
(G) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
307
(H) an offense included in Title 76, Chapter 7, Offenses Against the Family;
308
(I) an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
309
(J) an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass
310
Destruction;
311
(K) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
312
Injunctions;
313
(L) aggravated arson, as described in Section 76-6-103;
314
(M) aggravated burglary, as described in Section 76-6-203;
315
(N) aggravated exploitation of prostitution, as described in Section 76-10-1306;
316
(O) aggravated robbery, as described in Section 76-6-302;
317
(P) endangering persons in a human services program, as described in Section
318
26B-2-113;
319
(Q) failure to report, as described in Section 80-2-609;
320
(R) identity fraud crime, as described in Section 76-6-1102;
321
(S) leaving a child unattended in a motor vehicle, as described in Section
322
76-10-2202;
323
(T) riot, as described in Section 76-9-101;
324
(U) sexual battery, as described in Section 76-9-702.1; or
325
(V) threatening with or using a dangerous weapon in a fight or quarrel, as
326
described in Section 76-10-506; or
327
(ii) a felony or misdemeanor offense committed outside of the state that, if committed
328
in the state, would constitute a violation of an offense described in Subsection
329
(5)(a)(i).
330
(b)(i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
331
peer support provider or a mental health professional, if the applicant provides
332
services in a program that serves only adults with a primary mental health
333
diagnosis, with or without a co-occurring substance use disorder.
- 10 - Enrolled Copy S.B. 177
334
(ii) The office shall conduct a comprehensive review of an applicant described in
335
Subsection (5)(b)(i) in accordance with Subsection (7).
336
(c) The office shall deny direct access qualified status to an applicant if the office finds
337
that a court order prohibits the applicant from having direct access to a child or
338
vulnerable adult.
339
(6) The office shall conduct a comprehensive review of an applicant's background check if
340
the applicant:
341
(a) has a felony or class A misdemeanor conviction that is more than three years from
342
the date on which the office conducts the background check, for an offense described
343
in Subsection (5)(a);
344
(b) has a felony charge or conviction that is no more than 10 years from the date on
345
which the office conducts the background check for an offense not described in
346
Subsection (5)(a);
347
(c) has a felony charge or conviction that is more than 10 years from the date on which
348
the office conducts the background check, for an offense not described in Subsection
349
(5)(a), with criminal or non-criminal findings after the date of the felony charge or
350
conviction;
351
(d) has a class B misdemeanor or class C misdemeanor conviction that is more than
352
three years and no more than 10 years from the date on which the office conducts the
353
background check for an offense described in Subsection (5)(a);
354
(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
355
years from the date on which the office conducts the background check, for an
356
offense described in Subsection (5)(a), with criminal or non-criminal findings after
357
the date of conviction;
358
(f) has a misdemeanor charge or conviction that is no more than three years from the
359
date on which the office conducts the background check for an offense not described
360
in Subsection (5)(a);
361
(g) has a misdemeanor charge or conviction that is more than three years from the date
362
on which the office conducts the background check, for an offense not described in
363
Subsection (5)(a), with criminal or non-criminal findings after the date of charge or
364
conviction;
365
(h) is currently subject to a plea in abeyance or diversion agreement for an offense
366
described in Subsection (5)(a);
367
(i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
- 11 - S.B. 177 Enrolled Copy
368
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
369
offender registry;
370
(j) has a record of an adjudication in juvenile court for an act that, if committed by an
371
adult, would be a felony or misdemeanor, if the applicant is:
372
(i) under 28 years old; or
373
(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
374
currently subject to a plea in abeyance or diversion agreement for a felony or a
375
misdemeanor offense described in Subsection (5)(a);
376
(k) has a pending charge for an offense described in Subsection (5)(a);
377
(l) has a listing that occurred no more than 15 years from the date on which the office
378
conducts the background check in the Division of Child and Family Services'
379
Licensing Information System described in Section 80-2-1002;
380
(m) has a listing that occurred more than 15 years from the date on which the office
381
conducts the background check in the Division of Child and Family Services'
382
Licensing Information System described in Section 80-2-1002, with criminal or
383
non-criminal findings after the date of the listing;
384
(n) has a listing that occurred no more than 15 years from the date on which the office
385
conducts the background check in the Division of Aging and Adult Services'
386
vulnerable adult abuse, neglect, or exploitation database described in Section
387
26B-6-210;
388
(o) has a listing that occurred more than 15 years from the date on which the office
389
conducts the background check in the Division of Aging and Adult Services'
390
vulnerable adult abuse, neglect, or exploitation database described in Section
391
26B-6-210, with criminal or non-criminal findings after the date of the listing;
392
(p) has a substantiated finding that occurred no more than 15 years from the date on
393
which the office conducts the background check of severe child abuse or neglect
394
under Section 80-3-404 or 80-3-504[ ]; or
395
(q) has a substantiated finding that occurred more than 15 years from the date on which
396
the office conducts the background check of severe child abuse or neglect under
397
Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of
398
the listing.
399
(7)(a) The comprehensive review shall include an examination of:
400
(i) the date of the offense or incident;
401
(ii) the nature and seriousness of the offense or incident;
- 12 - Enrolled Copy S.B. 177
402
(iii) the circumstances under which the offense or incident occurred;
403
(iv) the age of the perpetrator when the offense or incident occurred;
404
(v) whether the offense or incident was an isolated or repeated incident;
405
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
406
adult, including:
407
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
408
(B) sexual abuse;
409
(C) sexual exploitation; or
410
(D) negligent treatment;
411
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
412
treatment received, or additional academic or vocational schooling completed;
413
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
414
which the applicant is applying; and
415
(ix) if the background check of an applicant is being conducted for the purpose of
416
giving direct access qualified status to an applicant seeking a position in a
417
congregate care program or to become a prospective foster or adoptive parent, any
418
listing in the Division of Child and Family Services' Management Information
419
System described in Section 80-2-1001.
420
(b) At the conclusion of the comprehensive review, the office shall deny direct access
421
qualified status to an applicant if the office finds the approval would likely create a
422
risk of harm to a child or vulnerable adult.
423
(8) The office shall grant direct access qualified status to an applicant who is not denied
424
under this section.
425
(9)(a) The office may conditionally grant direct access qualified status to an applicant,
426
for a maximum of 60 days after the day on which the office sends written notice,
427
without requiring that the applicant be directly supervised, if the office:
428
(i) is awaiting the results of the criminal history search of national criminal
429
background databases; and
430
(ii) would otherwise grant direct access qualified status to the applicant under this
431
section.
432
(b) The office may conditionally grant direct access qualified status to an applicant, for a
433
maximum of one year after the day on which the office sends written notice, without
434
requiring that the applicant be directly supervised if the office:
435
(i) is awaiting the results of an out-of-state registry for providers other than foster and
- 13 - S.B. 177 Enrolled Copy
436
adoptive parents; and
437
(ii) would otherwise grant direct access qualified status to the applicant under this
438
section.
439
(c) Upon receiving the results of the criminal history search of a national criminal
440
background database, the office shall grant or deny direct access qualified status to
441
the applicant in accordance with this section.
442
(10)(a) Each time an applicant is associated with a licensee, the department shall review
443
the current status of the applicant's background check to ensure the applicant is still
444
eligible for direct access qualified status in accordance with this section.
445
(b) A licensee may not permit an individual to have direct access to a child or a
446
vulnerable adult without being directly supervised unless:
447
(i) the individual is the parent or guardian of the child, or the guardian of the
448
vulnerable adult;
449
(ii) the individual is approved by the parent or guardian of the child, or the guardian
450
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
451
(iii) the individual is only permitted to have direct access to a vulnerable adult who
452
voluntarily invites the individual to visit; or
453
(iv) the individual only provides incidental care for a foster child on behalf of a foster
454
parent who has used reasonable and prudent judgment to select the individual to
455
provide the incidental care for the foster child.
456
(c) Notwithstanding any other provision of this section, an applicant who is denied direct
457
access qualified status shall not have direct access to a child or vulnerable adult
458
unless the office grants direct access qualified status to the applicant through a
459
subsequent application in accordance with this section.
460
(11) If the office denies direct access qualified status to an applicant, the applicant may
461
request a hearing in the department's Office of Administrative Hearings to challenge the
462
office's decision.
463
(12)(a) This Subsection (12) applies to an applicant associated with a certification,
464
contract, or licensee serving adults only.
465
(b) A program director or a member, as defined in Section 26B-2-105, of the licensee
466
shall comply with this section.
467
(c) The office shall conduct a comprehensive review for an applicant if:
468
(i) the applicant is seeking a position:
469
(A) as a peer support provider;
- 14 - Enrolled Copy S.B. 177
470
(B) as a mental health professional; or
471
(C) in a program that serves only adults with a primary mental health diagnosis,
472
with or without a co-occurring substance use disorder; and
473
(ii) within three years from the date on which the office conducts the background
474
check, the applicant has a felony or misdemeanor charge or conviction or a
475
non-criminal finding.
476
(13)(a) This Subsection (13) applies to an applicant seeking a position in a congregate
477
care program, an applicant seeking to provide a prospective foster home, an applicant
478
seeking to provide a prospective adoptive home, and each adult living in the home of
479
the prospective foster or prospective adoptive home.
480
(b) As federally required, the office shall:
481
(i) check the child abuse and neglect registry in each state where each applicant
482
resided in the five years immediately preceding the day on which the applicant
483
applied to be a foster or adoptive parent, to determine whether the prospective
484
foster or adoptive parent is listed in the registry as having a substantiated or
485
supported finding of child abuse or neglect; and
486
(ii) except for applicants seeking a position in a congregate care program, check the
487
child abuse and neglect registry in each state where each adult living in the home
488
of the prospective foster or adoptive home resided in the five years immediately
489
preceding the day on which the applicant applied to be a foster or adoptive parent,
490
to determine whether the adult is listed in the registry as having a substantiated or
491
supported finding of child abuse or neglect.
492
(c) The requirements described in Subsection (13)(b) do not apply to the extent that:
493
(i) federal law or rule permits otherwise; or
494
(ii) the requirements would prohibit the Division of Child and Family Services or a
495
court from placing a child with:
496
(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
497
(B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302,
498
or 80-3-303, pending completion of the background check described in
499
Subsections (5), (6), and (7).
500
(d) Notwithstanding Subsections (5) through (10), the office shall deny direct access
501
qualified status if the applicant has been convicted of:
502
(i) a felony involving conduct that constitutes any of the following:
503
(A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
- 15 - S.B. 177 Enrolled Copy
504
(B) commission of domestic violence in the presence of a child, as described in
505
Section 76-5-114;
506
(C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
507
(D) intentional aggravated abuse of a vulnerable adult, as described in Section
508
76-5-111;
509
(E) endangerment of a child or vulnerable adult, as described in Section
510
76-5-112.5;
511
(F) aggravated murder, as described in Section 76-5-202;
512
(G) murder, as described in Section 76-5-203;
513
(H) manslaughter, as described in Section 76-5-205;
514
(I) child abuse homicide, as described in Section 76-5-208;
515
(J) homicide by assault, as described in Section 76-5-209;
516
(K) kidnapping, as described in Section 76-5-301;
517
(L) child kidnapping, as described in Section 76-5-301.1;
518
(M) aggravated kidnapping, as described in Section 76-5-302;
519
(N) human trafficking of a child, as described in Section 76-5-308.5;
520
(O) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
521
(P) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
522
Exploitation Act;
523
(Q) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
524
(R) aggravated arson, as described in Section 76-6-103;
525
(S) aggravated burglary, as described in Section 76-6-203;
526
(T) aggravated robbery, as described in Section 76-6-302;
527
(U) lewdness involving a child, as described in Section 76-9-702.5;
528
(V) incest, as described in Section 76-7-102; or
529
(W) domestic violence, as described in Section 77-36-1; or
530
(ii) an offense committed outside the state that, if committed in the state, would
531
constitute a violation of an offense described in Subsection (13)(d)(i).
532
(e) Notwithstanding Subsections (5) through (10), the office shall deny direct access
533
qualified status to an applicant if, within the five years from the date on which the
534
office conducts the background check, the applicant was convicted of a felony
535
involving conduct that constitutes a violation of any of the following:
536
(i) aggravated assault, as described in Section 76-5-103;
537
(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
- 16 - Enrolled Copy S.B. 177
538
(iii) mayhem, as described in Section 76-5-105;
539
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
540
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
541
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
542
Act;
543
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
544
Precursor Act; or
545
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
546
(f) In addition to the circumstances described in Subsection (6), the office shall conduct
547
a comprehensive review of an applicant's background check under this section if the
548
applicant:
549
(i) has an offense described in Subsection (5)(a);
550
(ii) has an infraction conviction entered on a date that is no more than three years
551
before the date on which the office conducts the background check;
552
(iii) has a listing in the Division of Child and Family Services' Licensing Information
553
System described in Section 80-2-1002;
554
(iv) has a listing in the Division of Aging and Adult Services' vulnerable adult,
555
neglect, or exploitation database described in Section 26B-2-210;
556
(v) has a substantiated finding of severe child abuse or neglect under Section
557
80-3-404 or 80-3-504; or
558
(vi) has a listing on the registry check described in Subsection (13)(b) as having a
559
substantiated or supported finding of a severe type of child abuse or neglect, as
560
defined in Section 80-1-102.
561
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
562
office may make rules, consistent with this part, to:
563
(a) establish procedures for, and information to be examined in, the comprehensive
564
review described in Subsections (6), (7), and (13); and
565
(b) determine whether to consider an offense or incident that occurred while an
566
individual was in the custody of the Division of Child and Family Services or the
567
Division of Juvenile Justice and Youth Services for purposes of granting or denying
568
direct access qualified status to an applicant.
569
Section 3. Section 26B-2-121 is amended to read:
570
26B-2-121 . Access to abuse and neglect information.
571
(1) As used in this section:
- 17 - S.B. 177 Enrolled Copy
572
(a) "Direct service worker" means the same as that term is defined in Section 26B-6-401.
573
(b) "Personal care attendant" means the same as that term is defined in Section
574
26B-6-401.
575
(2) With respect to a licensee, a direct service worker, or a personal care attendant, the
576
department may access only the Licensing Information System of the Division of Child
577
and Family Services created by Section 80-2-1002 and juvenile court records under
578
Subsection 80-3-404(4) or 80-3-504(6), for the purpose of:
579
(a)(i) determining whether a person associated with a licensee, with direct access to
580
children:
581
(A) is listed in the Licensing Information System; or
582
(B) has a substantiated finding by a juvenile court of a severe type of child abuse
583
or neglect under [Subsections 80-3-404(1) and (2)] Section 80-3-404 or
584
80-3-504; and
585
(ii) informing a licensee that a person associated with the licensee:
586
(A) is listed in the Licensing Information System; or
587
(B) has a substantiated finding by a juvenile court of a severe type of child abuse
588
or neglect under [Subsections 80-3-404(1) and (2)] Section 80-3-404 or
589
80-3-504;
590
(b)(i) determining whether a direct service worker:
591
(A) is listed in the Licensing Information System; or
592
(B) has a substantiated finding by a juvenile court of a severe type of child abuse
593
or neglect under [Subsections 80-3-404(1) and (2)] Section 80-3-404 or
594
80-3-504; and
595
(ii) informing a direct service worker or the direct service worker's employer that the
596
direct service worker:
597
(A) is listed in the Licensing Information System; or
598
(B) has a substantiated finding by a juvenile court of a severe type of child abuse
599
or neglect under [Subsections 80-3-404(1) and (2)] Section 80-3-404 or
600
80-3-504; or
601
(c)(i) determining whether a personal care attendant:
602
(A) is listed in the Licensing Information System; or
603
(B) has a substantiated finding by a juvenile court of a severe type of child abuse
604
or neglect under [Subsections 80-3-404(1) and (2)] Section 80-3-404 or
605
80-3-504; and
- 18 - Enrolled Copy S.B. 177
606
(ii) informing a person described in Subsections 26B-6-101(9)(a)(i) through (iv) that
607
a personal care attendant:
608
(A) is listed in the Licensing Information System; or
609
(B) has a substantiated finding by a juvenile court of a severe type of child abuse
610
or neglect under [Subsections 80-3-404(1) and (2)] Section 80-3-404 or
611
80-3-504.
612
(3) Notwithstanding Subsection (2), the department may access the Division of Child and
613
Family Services' Management Information System under Section 80-2-1001:
614
(a) for the purpose of licensing and monitoring foster parents;
615
(b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and
616
(c) for the purpose described in Section 26B-1-211.
617
(4) The department shall receive and process personal identifying information under
618
Subsection 26B-2-120(1) for the purposes described in Subsection (2).
619
(5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
620
Rulemaking Act, consistent with this part, defining the circumstances under which a
621
person may have direct access or provide services to children when:
622
(a) the person is listed in the Licensing Information System of the Division of Child and
623
Family Services created by Section 80-2-1002; or
624
(b) juvenile court records show that a court made a substantiated finding under Section
625
80-3-404 or 80-3-504, that the person committed a severe type of child abuse or
626
neglect.
627
Section 4. Section 26B-2-240 is amended to read:
628
26B-2-240 . Department authorized to grant, deny, or revoke clearance --
629
Department may limit direct patient access -- Clearance.
630
(1) The definitions in Section 26B-2-238 apply to this section.
631
(2)(a) As provided in this section, the department may grant, deny, or revoke
632
certification for direct patient access for an individual, including a covered individual.
633
(b) The department may limit the circumstances under which a covered individual
634
granted certification for direct patient access may have direct patient access, based on
635
the relationship factors under Subsection (4) and other mitigating factors related to
636
patient and resident protection.
637
(c) The department shall determine whether to grant certification for direct patient
638
access for each applicant for whom it receives:
639
(i) the personal identification information specified by the department under
- 19 - S.B. 177 Enrolled Copy
640
Subsection (4)(b); and
641
(ii) any fees established by the department under Subsection (9).
642
(d) The department shall:
643
(i) establish a procedure for obtaining and evaluating relevant information concerning
644
covered individuals, including fingerprinting the applicant and submitting the
645
prints to the Criminal Investigations and Technical Services Division of the
646
Department of Public Safety for checking against applicable state, regional, and
647
national criminal records files; and
648
(ii) require that a certification for direct patient access include a fingerprint-based
649
criminal history background check in the databases described under Subsection
650
(3)(a), including the inclusion of the individual's fingerprints in a rap back system.
651
(3) The department may review the following sources to determine whether an individual
652
should be granted or retain certification for direct patient access, which may include:
653
(a) Department of Public Safety arrest, conviction, and disposition records described in
654
Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
655
information in state, regional, and national records files;
656
(b) juvenile court arrest, adjudication, and disposition records, as allowed under Section
657
78A-6-209;
658
(c) federal criminal background databases available to the state;
659
(d) the Division of Child and Family Services Licensing Information System described
660
in Section 80-2-1002;
661
(e) child abuse or neglect findings described in Section 80-3-404 or 80-3-504;
662
(f) the Division of Aging and Adult Services vulnerable adult abuse, neglect, or
663
exploitation database described in Section 26B-6-210;
664
(g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
665
(h) licensing and certification records of individuals licensed or certified by the Division
666
of Professional Licensing under Title 58, Occupations and Professions; and
667
(i) the List of Excluded Individuals and Entities database maintained by the United
668
States Department of Health and Human Services' Office of Inspector General.
669
(4) The department shall adopt rules that:
670
(a) specify the criteria the department will use to determine whether an individual is
671
granted or retains certification for direct patient access:
672
(i) based on an initial evaluation and ongoing review of information under Subsection
673
(3); and
- 20 - Enrolled Copy S.B. 177
674
(ii) including consideration of the relationship the following may have to patient and
675
resident protection:
676
(A) warrants for arrest;
677
(B) arrests;
678
(C) convictions, including pleas in abeyance;
679
(D) pending diversion agreements;
680
(E) adjudications by a juvenile court under Section 80-6-701 if the individual is
681
over 28 years old and has been convicted, has pleaded no contest, or is subject
682
to a plea in abeyance or diversion agreement for a felony or misdemeanor, or
683
the individual is under 28 years old; and
684
(F) any other findings under Subsection (3); and
685
(b) specify the personal identification information that must be submitted by an
686
individual or covered body with an application for certification for direct patient
687
access, including:
688
(i) the applicant's [Social Security] social security number; and
689
(ii) fingerprints.
690
(5) For purposes of Subsection (4)(a), the department shall classify a crime committed in
691
another state according to the closest matching crime under Utah law, regardless of how
692
the crime is classified in the state where the crime was committed.
693
(6) The Department of Public Safety, the Administrative Office of the Courts, the Division
694
of Professional Licensing, and any other state agency or political subdivision of the state:
695
(a) shall allow the department to review the information the department may review
696
under Subsection (3); and
697
(b) except for the Department of Public Safety, may not charge the department for
698
access to the information.
699
(7) The department shall adopt measures to protect the security of the information it
700
reviews under Subsection (3) and strictly limit access to the information to department
701
employees responsible for processing an application for certification for direct patient
702
access.
703
(8) The department may disclose personal identification information specified under
704
Subsection (4)(b) to other divisions and offices within the department to verify that the
705
subject of the information is not identified as a perpetrator or offender in the information
706
sources described in Subsections (3)(d) through (f).
707
(9) The department may establish fees, in accordance with Section 63J-1-504, for an
- 21 - S.B. 177 Enrolled Copy
708
application for certification for direct patient access, which may include:
709
(a) the cost of obtaining and reviewing information under Subsection (3);
710
(b) a portion of the cost of creating and maintaining the Direct Access Clearance System
711
database under Section 26B-2-241; and
712
(c) other department costs related to the processing of the application and the ongoing
713
review of information pursuant to Subsection (4)(a) to determine whether
714
certification for direct patient access should be retained.
715
Section 5. Section 53-2d-410 is amended to read:
716
53-2d-410 . Background clearance for emergency medical service personnel.
717
(1) Subject to Section 53-2d-410.5, the bureau shall determine whether to grant background
718
clearance for an individual seeking licensure or certification under Section 53-2d-402
719
from whom the bureau receives:
720
(a) the individual's social security number, fingerprints, and other personal identification
721
information specified by the department under Subsection (4); and
722
(b) any fees established by the department under Subsection (10).
723
(2) The bureau shall determine whether to deny or revoke background clearance for
724
individuals for whom the department has previously granted background clearance.
725
(3) The bureau shall determine whether to grant, deny, or revoke background clearance for
726
an individual based on an initial and ongoing evaluation of information the bureau
727
obtains under Subsections (5) and (11), which, at a minimum, shall include an initial
728
criminal background check of state, regional, and national databases using the
729
individual's fingerprints.
730
(4) The bureau shall make rules, in accordance with Title 63G, Chapter 3, Utah
731
Administrative Rulemaking Act, that specify:
732
(a) the criteria the bureau will use under Subsection (3) to determine whether to grant,
733
deny, or revoke background clearance; and
734
(b) the other personal identification information an individual seeking licensure or
735
certification under Section 53-2d-402 must submit under Subsection (1).
736
(5) To determine whether to grant, deny, or revoke background clearance, the bureau may
737
access and evaluate any of the following:
738
(a) Department of Public Safety arrest, conviction, and disposition records described in
739
Chapter 10, Criminal Investigations and Technical Services Act, including
740
information in state, regional, and national records files;
741
(b) adjudications by a juvenile court of committing an act that if committed by an adult
- 22 - Enrolled Copy S.B. 177
742
would be a felony or misdemeanor, if:
743
(i) the applicant is under 28 years old; or
744
(ii) the applicant:
745
(A) is over 28 years old; and
746
(B) has been convicted of, has pleaded no contest to, or is currently subject to a
747
plea in abeyance or diversion agreement for a felony or misdemeanor;
748
(c) juvenile court arrest, adjudication, and disposition records, other than those under
749
Subsection (5)(b), as allowed under Section 78A-6-209;
750
(d) child abuse or neglect findings described in Section 80-3-404 or 80-3-504;
751
(e) the department's Licensing Information System described in Section 80-2-1002;
752
(f) the department's database of reports of vulnerable adult abuse, neglect, or
753
exploitation, described in Section 26B-6-210;
754
(g) Division of Professional Licensing records of licensing and certification under Title
755
58, Occupations and Professions;
756
(h) records in other federal criminal background databases available to the state; and
757
(i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
758
pending diversion agreements, or dispositions.
759
(6) Except for the Department of Public Safety, an agency may not charge the bureau for
760
information accessed under Subsection (5).
761
(7) When evaluating information under Subsection (3), the bureau shall classify a crime
762
committed in another state according to the closest matching crime under Utah law,
763
regardless of how the crime is classified in the state where the crime was committed.
764
(8) The bureau shall adopt measures to protect the security of information the department
765
accesses under Subsection (5), which shall include limiting access by department
766
employees to those responsible for acquiring, evaluating, or otherwise processing the
767
information.
768
(9) The bureau may disclose personal identification information the bureau receives under
769
Subsection (1) to the department to verify that the subject of the information is not
770
identified as a perpetrator or offender in the information sources described in
771
Subsections (5)(d) through (f).
772
(10) The bureau may charge fees, in accordance with Section 63J-1-504, to pay for:
773
(a) the cost of obtaining, storing, and evaluating information needed under Subsection (3),
774
both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
775
background clearance; and
- 23 - S.B. 177 Enrolled Copy
776
(b) other bureau costs related to granting, denying, or revoking background clearance.
777
(11) The Criminal Investigations and Technical Services Division within the Department of
778
Public Safety shall:
779
(a) retain, separate from other division records, personal information under Subsection
780
(1), including any fingerprints sent to it by the department; and
781
(b) notify the bureau upon receiving notice that an individual for whom personal
782
information has been retained is the subject of:
783
(i) a warrant for arrest;
784
(ii) an arrest;
785
(iii) a conviction, including a plea in abeyance; or
786
(iv) a pending diversion agreement.
787
(12) Clearance granted for an individual licensed or certified under Section 53-2d-402 is
788
valid until two years after the day on which the individual is no longer licensed or
789
certified in Utah as emergency medical service personnel.
790
Section 6. Section 53-3-104 is amended to read:
791
53-3-104 . Division duties.
792
The division shall:
793
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make
794
rules:
795
(a) for examining applicants for a license, as necessary for the safety and welfare of the
796
traveling public;
797
(b) for acceptable documentation of an applicant's identity, Social Security number,
798
Utah resident status, Utah residence address, proof of legal presence, proof of
799
citizenship in the United States, honorable or general discharge from the United
800
States military, and other proof or documentation required under this chapter;
801
(c) for acceptable documentation to verify that an individual is in the state's legal
802
custody as verified by the Division of Child and Family Services within the
803
Department of Health and Human Services, for purposes of residency and address
804
verification;
805
(d) to allow an individual who is verified to be in the legal custody of the state pursuant
806
to Subsection (1)(c) to use the address of a local Division of Child and Family
807
Services office as the individual's residence address;
808
[(c)] (e) for acceptable documentation to verify that an individual is homeless as verified
809
by the Department of Workforce Services, for purposes of residency, address
- 24 - Enrolled Copy S.B. 177
810
verification, and obtaining a fee waiver;
811
[(d)] (f) regarding the restrictions to be imposed on an individual driving a motor vehicle
812
with a temporary learner permit or learner permit;
813
[(e)] (g) for exemptions from licensing requirements as authorized in this chapter;
814
[(f)] (h) establishing procedures for the storage and maintenance of applicant information
815
provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804; and
816
[(g)] (i) to provide educational information to each applicant for a license, which
817
information shall be based on data provided by the Division of Air Quality, including:
818
(i) ways drivers can improve air quality; and
819
(ii) the harmful effects of vehicle emissions;
820
(2) examine each applicant according to the class of license applied for;
821
(3) license motor vehicle drivers;
822
(4) file every application for a license received by the division and shall maintain indices
823
containing:
824
(a) all applications denied and the reason each was denied;
825
(b) all applications granted; and
826
(c) the name of every licensee whose license has been suspended, disqualified, or
827
revoked by the division and the reasons for the action;
828
(5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this
829
chapter;
830
(6) file all accident reports and abstracts of court records of convictions received by the
831
division under state law;
832
(7) maintain a record of each licensee showing the licensee's convictions and the traffic
833
accidents in which the licensee has been involved where a conviction has resulted;
834
(8) consider the record of a licensee upon an application for renewal of a license and at
835
other appropriate times;
836
(9) search the license files, compile, and furnish a report on the driving record of any
837
individual licensed in the state in accordance with Section 53-3-109;
838
(10) develop and implement a record system as required by Section 41-6a-604;
839
(11) in accordance with Section 53G-10-507, establish:
840
(a) procedures and standards to certify teachers of driver education classes to administer
841
knowledge and skills tests;
842
(b) minimal standards for the tests; and
843
(c) procedures to enable school districts to administer or process any tests for students to
- 25 - S.B. 177 Enrolled Copy
844
receive a class D operator's license;
845
(12) in accordance with Section 53-3-510, establish:
846
(a) procedures and standards to certify licensed instructors of commercial driver training
847
school courses to administer the skills test;
848
(b) minimal standards for the test; and
849
(c) procedures to enable licensed commercial driver training schools to administer or
850
process skills tests for students to receive a class D operator's license;
851
(13) provide administrative support to the Driver License Medical Advisory Board created
852
in Section 53-3-303;
853
(14) upon request by the lieutenant governor, provide the lieutenant governor with a digital
854
copy of the driver license or identification card signature of an individual who is an
855
applicant for voter registration under Section 20A-2-206;
856
(15) in accordance with Section 53-3-407.1, establish:
857
(a) procedures and standards to license a commercial driver license third party tester or
858
commercial driver license third party examiner to administer the commercial driver
859
license skills tests;
860
(b) minimum standards for the commercial driver license skills test; and
861
(c) procedures to enable a licensed commercial driver license third party tester or
862
commercial driver license third party examiner to administer a commercial driver
863
license skills test for an applicant to receive a commercial driver license; and
864
(16) receive from the Department of Health and Human Services a result from a blood or
865
urine test of an individual arrested for driving under the influence and use the blood or
866
urine test result in an administrative hearing or agency review involving the individual
867
who is the subject of the blood or urine test as described in Section 53-3-111.
868
Section 7. Section 78A-6-103 is amended to read:
869
78A-6-103 . Original jurisdiction of the juvenile court -- Magistrate functions --
870
Findings -- Transfer of a case from another court.
871
(1) Except as provided in Subsection (3), the juvenile court has original jurisdiction over:
872
(a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
873
state, or federal law, that was committed by a child;
874
(b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
875
state, or federal law, that was committed by an individual:
876
(i) who is under 21 years old at the time of all court proceedings; and
877
(ii) who was under 18 years old at the time the offense was committed; and
- 26 - Enrolled Copy S.B. 177
878
(c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state law,
879
that was committed:
880
(i) by an individual:
881
(A) who was 18 years old and enrolled in high school at the time of the offense;
882
and
883
(B) who is under 21 years old at the time of all court proceedings; and
884
(ii) on school property where the individual was enrolled:
885
(A) when school was in session; or
886
(B) during a school-sponsored activity, as defined in Section 53G-8-211.
887
(2) The juvenile court has original jurisdiction over:
888
(a) any proceeding concerning:
889
(i) a child who is an abused child, neglected child, or dependent child;
890
(ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
891
Child Protective Orders;
892
(iii) the appointment of a guardian of the individual or other guardian of a minor who
893
comes within the court's jurisdiction under other provisions of this section;
894
(iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
895
Emancipation;
896
(v) the termination of parental rights in accordance with Title 80, Chapter 4,
897
Termination and Restoration of Parental Rights, including termination of residual
898
parental rights and duties;
899
(vi) the treatment or commitment of a minor who has an intellectual disability;
900
(vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
901
accordance with Section 81-2-304;
902
(viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
903
(ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
904
(x) the treatment or commitment of a child with a mental illness;
905
(xi) the commitment of a child to a secure drug or alcohol facility in accordance with
906
Section 26B-5-204;
907
(xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6,
908
Part 4, Competency;
909
(xiii) de novo review of final agency actions resulting from an informal adjudicative
910
proceeding as provided in Section 63G-4-402;
911
(xiv) adoptions conducted in accordance with the procedures described in Title 78B,
- 27 - S.B. 177 Enrolled Copy
912
Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered
913
an order terminating the rights of a parent and finds that adoption is in the best
914
interest of the child;
915
(xv) an ungovernable or runaway child who is referred to the juvenile court by the
916
Division of Juvenile Justice and Youth Services if, despite earnest and persistent
917
efforts by the Division of Juvenile Justice and Youth Services, the child has
918
demonstrated that the child:
919
(A) is beyond the control of the child's parent, guardian, or custodian to the extent
920
that the child's behavior or condition endangers the child's own welfare or the
921
welfare of others; or
922
(B) has run away from home; and
923
(xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an
924
adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for
925
failure to comply with a promise to appear and bring a child to the juvenile court;
926
(b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
927
Expungement;
928
(c) the extension of a nonjudicial adjustment under Section 80-6-304;
929
(d) a petition for special findings under Section 80-3-305; and
930
(e) a referral of a minor for being a habitual truant as defined in Section 53G-8-211.
931
(3) The juvenile court does not have original jurisdiction over an offense committed by a
932
minor as described in Subsection (1) if:
933
(a) the district court has original jurisdiction over the offense under Section 78A-5-102.5;
934
(b) the district court has original jurisdiction over the offense under Subsection
935
78A-5-102(8), unless the juvenile court has exclusive jurisdiction over the offense
936
under Section 78A-6-103.5; or
937
(c) the justice court has original jurisdiction over the offense under Subsection
938
78A-7-106(2), unless the juvenile court has exclusive jurisdiction over the offense
939
under Section 78A-6-103.5.
940
(4) It is not necessary for a minor to be adjudicated for an offense or violation of the law
941
under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
942
(2)(a)(xvi), (b), or (c).
943
(5) This section does not restrict the right of access to the juvenile court by private agencies
944
or other persons.
945
(6) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
- 28 - Enrolled Copy S.B. 177
946
under Title 80, Chapter 6, Part 5, Transfer to District Court.
947
(7) The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated,
948
or without merit, in accordance with Section 80-3-404 or 80-3-504.
949
(8) The juvenile court has jurisdiction over matters transferred to the juvenile court by
950
another trial court in accordance with Subsection 78A-7-106(6) and Section 80-6-303.
951
(9) The juvenile court has jurisdiction to enforce foreign protection orders as described in
952
Subsection 78B-7-303(8).
953
Section 8. Section 80-1-102 is amended to read:
954
80-1-102 . Juvenile Code definitions.
955
Except as provided in Section 80-6-1103, as used in this title:
956
(1)(a) "Abuse" means:
957
(i)(A) nonaccidental harm of a child;
958
(B) threatened harm of a child;
959
(C) sexual exploitation;
960
(D) sexual abuse; or
961
(E) human trafficking of a child in violation of Section 76-5-308.5; or
962
(ii) that a child's natural parent:
963
(A) intentionally, knowingly, or recklessly causes the death of another parent of
964
the child;
965
(B) is identified by a law enforcement agency as the primary suspect in an
966
investigation for intentionally, knowingly, or recklessly causing the death of
967
another parent of the child; or
968
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
969
recklessly causing the death of another parent of the child.
970
(b) "Abuse" does not include:
971
(i) reasonable discipline or management of a child, including withholding privileges;
972
(ii) conduct described in Section 76-2-401; or
973
(iii) the use of reasonable and necessary physical restraint or force on a child:
974
(A) in self-defense;
975
(B) in defense of others;
976
(C) to protect the child; or
977
(D) to remove a weapon in the possession of a child for any of the reasons
978
described in Subsections (1)(b)(iii)(A) through (C).
979
(2) "Abused child" means a child who has been subjected to abuse.
- 29 - S.B. 177 Enrolled Copy
980
(3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
981
(i) for a delinquency petition or criminal information under Chapter 6, Juvenile
982
Justice:
983
(A) a finding by the juvenile court that the facts alleged in a delinquency petition
984
or criminal information alleging that a minor committed an offense have been
985
proved;
986
(B) an admission by a minor in the juvenile court as described in Section 80-6-306;
987
or
988
(C) a plea of no contest by minor in the juvenile court; or
989
(ii) for all other proceedings under this title, a finding by the juvenile court that the
990
facts alleged in the petition have been proved.
991
(b) "Adjudication" does not include:
992
(i) an admission by a minor described in Section 80-6-306 until the juvenile court
993
enters the minor's admission; or
994
(ii) a finding of not competent to proceed in accordance with Section 80-6-402.
995
(4)(a) "Adult" means an individual who is 18 years old or older.
996
(b) "Adult" does not include an individual:
997
(i) who is 18 years old or older; and
998
(ii) who is a minor.
999
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
1000
78A-2-801.
1001
(6) "Board" means the Board of Juvenile Court Judges.
1002
(7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
1003
years old.
1004
(8) "Child and family plan" means a written agreement between a child's parents or
1005
guardian and the Division of Child and Family Services as described in Section 80-3-307.
1006
(9) "Child placing" means the same as that term is defined in Section 26B-2-101.
1007
(10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
1008
(11) "Child protection team" means a team consisting of:
1009
(a) the child welfare caseworker assigned to the case;
1010
(b) if applicable, the child welfare caseworker who made the decision to remove the
1011
child;
1012
(c) a representative of the school or school district where the child attends school;
1013
(d) if applicable, the law enforcement officer who removed the child from the home;
- 30 - Enrolled Copy S.B. 177
1014
(e) a representative of the appropriate Children's Justice Center, if one is established
1015
within the county where the child resides;
1016
(f) if appropriate, and known to the division, a therapist or counselor who is familiar
1017
with the child's circumstances;
1018
(g) if appropriate, a representative of law enforcement selected by the chief of police or
1019
sheriff in the city or county where the child resides; and
1020
(h) any other individuals determined appropriate and necessary by the team coordinator
1021
and chair.
1022
(12)(a) "Chronic abuse" means repeated or patterned abuse.
1023
(b) "Chronic abuse" does not mean an isolated incident of abuse.
1024
(13)(a) "Chronic neglect" means repeated or patterned neglect.
1025
(b) "Chronic neglect" does not mean an isolated incident of neglect.
1026
(14) "Clandestine laboratory operation" means the same as that term is defined in Section
1027
58-37d-3.
1028
(15) "Commit" or "committed" means, unless specified otherwise:
1029
(a) with respect to a child, to transfer legal custody; and
1030
(b) with respect to a minor who is at least 18 years old, to transfer custody.
1031
(16) "Community-based program" means a nonsecure residential or nonresidential program,
1032
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
1033
restrictive setting, consistent with public safety, and operated by or under contract with
1034
the Division of Juvenile Justice and Youth Services.
1035
(17) "Community placement" means placement of a minor in a community-based program
1036
described in Section 80-5-402.
1037
(18) "Correctional facility" means:
1038
(a) a county jail; or
1039
(b) a secure correctional facility as defined in Section 64-13-1.
1040
(19) "Criminogenic risk factors" means evidence-based factors that are associated with a
1041
minor's likelihood of reoffending.
1042
(20) "Department" means the Department of Health and Human Services created in Section
1043
26B-1-201.
1044
(21) "Dependent child" or "dependency" means a child who is without proper care through
1045
no fault of the child's parent, guardian, or custodian.
1046
(22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
1047
parent or a previous custodian to another person, agency, or institution.
- 31 - S.B. 177 Enrolled Copy
1048
(23) "Detention" means home detention or secure detention.
1049
(24) "Detention facility" means a facility, established by the Division of Juvenile Justice
1050
and Youth Services in accordance with Section 80-5-501, for minors held in detention.
1051
(25) "Detention risk assessment tool" means an evidence-based tool established under
1052
Section 80-5-203 that:
1053
(a) assesses a minor's risk of failing to appear in court or reoffending before
1054
adjudication; and
1055
(b) is designed to assist in making a determination of whether a minor shall be held in
1056
detention.
1057
(26) "Developmental immaturity" means incomplete development in one or more domains
1058
that manifests as a functional limitation in the minor's present ability to:
1059
(a) consult with counsel with a reasonable degree of rational understanding; and
1060
(b) have a rational as well as factual understanding of the proceedings.
1061
(27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
1062
under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
1063
(28) "Educational neglect" means that, after receiving a notice of compulsory education
1064
violation under Section 53G-6-202, the parent or guardian fails to make a good faith
1065
effort to ensure that the child receives an appropriate education.
1066
(29) "Educational series" means an evidence-based instructional series:
1067
(a) obtained at a substance abuse program that is approved by the Division of Integrated
1068
Healthcare in accordance with Section 26B-5-104; and
1069
(b) designed to prevent substance use or the onset of a mental health disorder.
1070
(30) "Emancipated" means the same as that term is defined in Section 80-7-102.
1071
(31) "Evidence-based" means a program or practice that has had multiple randomized
1072
control studies or a meta-analysis demonstrating that the program or practice is effective
1073
for a specific population or has been rated as effective by a standardized program
1074
evaluation tool.
1075
(32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
1076
(33) "Formal probation" means a minor is:
1077
(a) supervised in the community by, and reports to, a juvenile probation officer or an
1078
agency designated by the juvenile court; and
1079
(b) subject to return to the juvenile court in accordance with Section 80-6-607.
1080
(34) "Group rehabilitation therapy" means psychological and social counseling of one or
1081
more individuals in the group, depending upon the recommendation of the therapist.
- 32 - Enrolled Copy S.B. 177
1082
(35) "Guardian" means a person appointed by a court to make decisions regarding a minor,
1083
including the authority to consent to:
1084
(a) marriage;
1085
(b) enlistment in the armed forces;
1086
(c) major medical, surgical, or psychiatric treatment; or
1087
(d) legal custody, if legal custody is not vested in another individual, agency, or
1088
institution.
1089
(36) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
1090
(37) "Harm" means:
1091
(a) physical or developmental injury or damage;
1092
(b) emotional damage that results in a serious impairment in the child's growth,
1093
development, behavior, or psychological functioning;
1094
(c) sexual abuse; or
1095
(d) sexual exploitation.
1096
(38) "Home detention" means placement of a minor:
1097
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
1098
of the minor's parent, guardian, or custodian, under terms and conditions established
1099
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
1100
(b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
1101
minor's home, or in a surrogate home with the consent of the minor's parent,
1102
guardian, or custodian, under terms and conditions established by the Division of
1103
Juvenile Justice and Youth Services or the juvenile court.
1104
(39)(a) "Incest" means engaging in sexual intercourse with an individual whom the
1105
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
1106
aunt, nephew, niece, or first cousin.
1107
(b) "Incest" includes:
1108
(i) blood relationships of the whole or half blood, regardless of whether the
1109
relationship is legally recognized;
1110
(ii) relationships of parent and child by adoption; and
1111
(iii) relationships of stepparent and stepchild while the marriage creating the
1112
relationship of a stepparent and stepchild exists.
1113
(40) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
1114
(41) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
1115
(42) "Indigent defense service provider" means the same as that term is defined in Section
- 33 - S.B. 177 Enrolled Copy
1116
78B-22-102.
1117
(43) "Indigent defense services" means the same as that term is defined in Section
1118
78B-22-102.
1119
(44) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
1120
(45)(a) "Intake probation" means a minor is:
1121
(i) monitored by a juvenile probation officer; and
1122
(ii) subject to return to the juvenile court in accordance with Section 80-6-607.
1123
(b) "Intake probation" does not include formal probation.
1124
(46) "Intellectual disability" means a significant subaverage general intellectual functioning
1125
existing concurrently with deficits in adaptive behavior that constitutes a substantial
1126
limitation to the individual's ability to function in society.
1127
(47) "Juvenile offender" means:
1128
(a) a serious youth offender; or
1129
(b) a youth offender.
1130
(48) "Juvenile probation officer" means a probation officer appointed under Section
1131
78A-6-205.
1132
(49) "Juvenile receiving center" means a nonsecure, nonresidential program established by
1133
the Division of Juvenile Justice and Youth Services, or under contract with the Division
1134
of Juvenile Justice and Youth Services, that is responsible for minors taken into
1135
temporary custody under Section 80-6-201.
1136
(50) "Legal custody" means a relationship embodying:
1137
(a) the right to physical custody of the minor;
1138
(b) the right and duty to protect, train, and discipline the minor;
1139
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1140
medical care;
1141
(d) the right to determine where and with whom the minor shall live; and
1142
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
1143
(51) "Licensing Information System" means the Licensing Information System maintained
1144
by the Division of Child and Family Services under Section 80-2-1002.
1145
(52) "Management Information System" means the Management Information System
1146
developed by the Division of Child and Family Services under Section 80-2-1001.
1147
(53) "Mental illness" means:
1148
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1149
behavioral, or related functioning; or
- 34 - Enrolled Copy S.B. 177
1150
(b) the same as that term is defined in:
1151
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1152
published by the American Psychiatric Association; or
1153
(ii) the current edition of the International Statistical Classification of Diseases and
1154
Related Health Problems.
1155
(54) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
1156
(a) a child; or
1157
(b) an individual:
1158
(i)(A) who is at least 18 years old and younger than 21 years old; and
1159
(B) for whom the Division of Child and Family Services has been specifically
1160
ordered by the juvenile court to provide services because the individual was an
1161
abused, neglected, or dependent child or because the individual was
1162
adjudicated for an offense;
1163
(ii)(A) who is at least 18 years old and younger than 25 years old; and
1164
(B) whose case is under the jurisdiction of the juvenile court in accordance with
1165
Subsection 78A-6-103(1)(b); or
1166
(iii)(A) who is at least 18 years old and younger than 21 years old; and
1167
(B) whose case is under the jurisdiction of the juvenile court in accordance with
1168
Subsection 78A-6-103(1)(c).
1169
(55) "Mobile crisis outreach team" means the same as that term is defined in Section
1170
26B-5-101.
1171
(56) "Molestation" means that an individual, with the intent to arouse or gratify the sexual
1172
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
1173
or the breast of a female child, or takes indecent liberties with a child as defined in
1174
Section 76-5-401.1.
1175
(57)(a) "Natural parent" means, except as provided in Section 80-3-302, a minor's
1176
biological or adoptive parent.
1177
(b) "Natural parent" includes the minor's noncustodial parent.
1178
(58)(a) "Neglect" means action or inaction causing:
1179
(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
1180
Relinquishment of a Newborn Child;
1181
(ii) lack of proper parental care of a child by reason of the fault or habits of the
1182
parent, guardian, or custodian;
1183
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or
- 35 - S.B. 177 Enrolled Copy
1184
necessary subsistence or medical care, or any other care necessary for the child's
1185
health, safety, morals, or well-being;
1186
(iv) a child to be at risk of being neglected or abused because another child in the
1187
same home is neglected or abused;
1188
(v) abandonment of a child through an unregulated child custody transfer under
1189
Section 78B-24-203; or
1190
(vi) educational neglect.
1191
(b) "Neglect" does not include:
1192
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
1193
reason, does not provide specified medical treatment for a child;
1194
(ii) a health care decision made for a child by the child's parent or guardian, unless
1195
the state or other party to a proceeding shows, by clear and convincing evidence,
1196
that the health care decision is not reasonable and informed;
1197
(iii) a parent or guardian exercising the right described in Section 80-3-304; or
1198
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
1199
maturity to avoid harm or unreasonable risk of harm, to engage in independent
1200
activities, including:
1201
(A) traveling to and from school, including by walking, running, or bicycling;
1202
(B) traveling to and from nearby commercial or recreational facilities;
1203
(C) engaging in outdoor play;
1204
(D) remaining in a vehicle unattended, except under the conditions described in
1205
Subsection 76-10-2202(2);
1206
(E) remaining at home unattended; or
1207
(F) engaging in a similar independent activity.
1208
(59) "Neglected child" means a child who has been subjected to neglect.
1209
(60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
1210
officer, without an adjudication of the minor's case under Section 80-6-701, upon the
1211
consent in writing of:
1212
(a) the assigned juvenile probation officer; and
1213
(b)(i) the minor; or
1214
(ii) the minor and the minor's parent, guardian, or custodian.
1215
(61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual
1216
disability or related condition, or developmental immaturity, lacks the ability to:
1217
(a) understand the nature of the proceedings against the minor or of the potential
- 36 - Enrolled Copy S.B. 177
1218
disposition for the offense charged; or
1219
(b) consult with counsel and participate in the proceedings against the minor with a
1220
reasonable degree of rational understanding.
1221
(62) "Parole" means a conditional release of a juvenile offender from residency in secure
1222
care to live outside of secure care under the supervision of the Division of Juvenile
1223
Justice and Youth Services, or another person designated by the Division of Juvenile
1224
Justice and Youth Services.
1225
(63) "Physical abuse" means abuse that results in physical injury or damage to a child.
1226
(64)(a) "Probation" means a legal status created by court order, following an
1227
adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
1228
minor's home under prescribed conditions.
1229
(b) "Probation" includes intake probation or formal probation.
1230
(65) "Prosecuting attorney" means:
1231
(a) the attorney general and any assistant attorney general;
1232
(b) any district attorney or deputy district attorney;
1233
(c) any county attorney or assistant county attorney; and
1234
(d) any other attorney authorized to commence an action on behalf of the state.
1235
(66) "Protective custody" means the shelter of a child by the Division of Child and Family
1236
Services from the time the child is removed from the home until the earlier of:
1237
(a) the day on which the shelter hearing is held under Section 80-3-301; or
1238
(b) the day on which the child is returned home.
1239
(67) "Protective services" means expedited services that are provided:
1240
(a) in response to evidence of neglect, abuse, or dependency of a child;
1241
(b) to a cohabitant who is neglecting or abusing a child, in order to:
1242
(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
1243
causes of neglect or abuse; and
1244
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
1245
(c) in cases where the child's welfare is endangered:
1246
(i) to bring the situation to the attention of the appropriate juvenile court and law
1247
enforcement agency;
1248
(ii) to cause a protective order to be issued for the protection of the child, when
1249
appropriate; and
1250
(iii) to protect the child from the circumstances that endanger the child's welfare
1251
including, when appropriate:
- 37 - S.B. 177 Enrolled Copy
1252
(A) removal from the child's home;
1253
(B) placement in substitute care; and
1254
(C) petitioning the court for termination of parental rights.
1255
(68) "Protective supervision" means a legal status created by court order, following an
1256
adjudication on the ground of abuse, neglect, or dependency, whereby:
1257
(a) the minor is permitted to remain in the minor's home; and
1258
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
1259
by an agency designated by the juvenile court.
1260
(69)(a) "Related condition" means a condition that:
1261
(i) is found to be closely related to intellectual disability;
1262
(ii) results in impairment of general intellectual functioning or adaptive behavior
1263
similar to that of an intellectually disabled individual;
1264
(iii) is likely to continue indefinitely; and
1265
(iv) constitutes a substantial limitation to the individual's ability to function in society.
1266
(b) "Related condition" does not include mental illness, psychiatric impairment, or
1267
serious emotional or behavioral disturbance.
1268
(70)(a) "Residual parental rights and duties" means the rights and duties remaining with
1269
a parent after legal custody or guardianship, or both, have been vested in another
1270
person or agency, including:
1271
(i) the responsibility for support;
1272
(ii) the right to consent to adoption;
1273
(iii) the right to determine the child's religious affiliation; and
1274
(iv) the right to reasonable parent-time unless restricted by the court.
1275
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
1276
right to consent to:
1277
(i) marriage;
1278
(ii) enlistment; and
1279
(iii) major medical, surgical, or psychiatric treatment.
1280
(71) "Runaway" means a child, other than an emancipated child, who willfully leaves the
1281
home of the child's parent or guardian, or the lawfully prescribed residence of the child,
1282
without permission.
1283
(72) "Secure care" means placement of a minor, who is committed to the Division of
1284
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
1285
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
- 38 - Enrolled Copy S.B. 177
1286
supervision and confinement of the minor.
1287
(73) "Secure care facility" means a facility, established in accordance with Section 80-5-503,
1288
for juvenile offenders in secure care.
1289
(74) "Secure detention" means temporary care of a minor who requires secure custody in a
1290
physically restricting facility operated by, or under contract with, the Division of
1291
Juvenile Justice and Youth Services:
1292
(a) before disposition of an offense that is alleged to have been committed by the minor;
1293
or
1294
(b) under Section 80-6-704.
1295
(75) "Serious youth offender" means an individual who:
1296
(a) is at least 14 years old, but under 25 years old;
1297
(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
1298
of the juvenile court was extended over the individual's case until the individual was
1299
25 years old in accordance with Section 80-6-605; and
1300
(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
1301
Services for secure care under Sections 80-6-703 and 80-6-705.
1302
(76) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
1303
(77) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
1304
child.
1305
(78)(a) "Severe type of child abuse or neglect" means, except as provided in Subsection
1306
(78)(b):
1307
(i) if committed by an individual who is 18 years old or older:
1308
(A) chronic abuse;
1309
(B) severe abuse;
1310
(C) sexual abuse;
1311
(D) sexual exploitation;
1312
(E) abandonment;
1313
(F) chronic neglect; or
1314
(G) severe neglect; or
1315
(ii) if committed by an individual who is under 18 years old:
1316
(A) causing serious physical injury, as defined in Subsection 76-5-109(1), to
1317
another child that indicates a significant risk to other children; or
1318
(B) sexual behavior with or upon another child that indicates a significant risk to
1319
other children.
- 39 - S.B. 177 Enrolled Copy
1320
(b) "Severe type of child abuse or neglect" does not include:
1321
(i) the use of reasonable and necessary physical restraint by an educator in
1322
accordance with Subsection 53G-8-302(2) or Section 76-2-401;
1323
(ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
1324
use of reasonable and necessary physical restraint or force in self-defense or
1325
otherwise appropriate to the circumstances to obtain possession of a weapon or
1326
other dangerous object in the possession or under the control of a child or to
1327
protect the child or another individual from physical injury; or
1328
(iii) a health care decision made for a child by a child's parent or guardian, unless,
1329
subject to Subsection (78)(c), the state or other party to the proceeding shows, by
1330
clear and convincing evidence, that the health care decision is not reasonable and
1331
informed.
1332
(c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
1333
right to obtain a second health care opinion.
1334
(79) "Sexual abuse" means:
1335
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
1336
adult directed towards a child;
1337
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
1338
committed by a child towards another child if:
1339
(i) there is an indication of force or coercion;
1340
(ii) the children are related, as described in Subsection (39), including siblings by
1341
marriage while the marriage exists or by adoption; or
1342
(iii) the act or attempted act constitutes unlawful sexual activity as described in
1343
Section 76-5-401.3.
1344
[(iii) there have been repeated incidents of sexual contact between the two children,
1345
unless the children are 14 years old or older; or]
1346
[(iv) there is a disparity in chronological age of four or more years between the two
1347
children;]
1348
(c) engaging in any conduct with a child that would constitute an offense under any of
1349
the following, regardless of whether the individual who engages in the conduct is
1350
actually charged with, or convicted of, the offense:
1351
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
1352
alleged perpetrator of an offense described in Section 76-5-401 is a minor;
1353
(ii) child bigamy, Section 76-7-101.5;
- 40 - Enrolled Copy S.B. 177
1354
(iii) incest, Section 76-7-102;
1355
(iv) lewdness, Section 76-9-702;
1356
(v) sexual battery, Section 76-9-702.1;
1357
(vi) lewdness involving a child, Section 76-9-702.5; or
1358
(vii) voyeurism, Section 76-9-702.7; or
1359
(d) subjecting a child to participate in or threatening to subject a child to participate in a
1360
sexual relationship, regardless of whether that sexual relationship is part of a legal or
1361
cultural marriage.
1362
(80) "Sexual exploitation" means knowingly:
1363
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
1364
(i) pose in the nude for the purpose of sexual arousal of any individual; or
1365
(ii) engage in any sexual or simulated sexual conduct for the purpose of
1366
photographing, filming, recording, or displaying in any way the sexual or
1367
simulated sexual conduct;
1368
(b) displaying, distributing, possessing for the purpose of distribution, or selling material
1369
depicting a child:
1370
(i) in the nude, for the purpose of sexual arousal of any individual; or
1371
(ii) engaging in sexual or simulated sexual conduct; or
1372
(c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
1373
sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
1374
exploitation of a minor, regardless of whether the individual who engages in the
1375
conduct is actually charged with, or convicted of, the offense.
1376
(81) "Shelter" means the temporary care of a child in a physically unrestricted facility
1377
pending a disposition or transfer to another jurisdiction.
1378
(82) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
1379
(83) "Significant risk" means a risk of harm that is determined to be significant in
1380
accordance with risk assessment tools and rules established by the Division of Child and
1381
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
1382
Rulemaking Act, that focus on:
1383
(a) age;
1384
(b) social factors;
1385
(c) emotional factors;
1386
(d) sexual factors;
1387
(e) intellectual factors;
- 41 - S.B. 177 Enrolled Copy
1388
(f) family risk factors; and
1389
(g) other related considerations.
1390
(84) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
1391
(85) "Status offense" means an offense that would not be an offense but for the age of the
1392
offender.
1393
(86) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
1394
excessive use of alcohol or other drugs or substances.
1395
(87) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
1396
of the evidence, and separate consideration of each allegation made or identified in the
1397
case, that abuse, neglect, or dependency occurred .
1398
(88) "Substitute care" means:
1399
(a) the placement of a minor in a family home, group care facility, or other placement
1400
outside the minor's own home, either at the request of a parent or other responsible
1401
relative, or upon court order, when it is determined that continuation of care in the
1402
minor's own home would be contrary to the minor's welfare;
1403
(b) services provided for a minor in the protective custody of the Division of Child and
1404
Family Services, or a minor in the temporary custody or custody of the Division of
1405
Child and Family Services, as those terms are defined in Section 80-2-102; or
1406
(c) the licensing and supervision of a substitute care facility.
1407
(89) "Supported" means a finding by the Division of Child and Family Services based on
1408
the evidence available at the completion of an investigation, and separate consideration
1409
of each allegation made or identified during the investigation, that there is a reasonable
1410
basis to conclude that abuse, neglect, or dependency occurred.
1411
(90) "Termination of parental rights" means the permanent elimination of all parental rights
1412
and duties, including residual parental rights and duties, by court order.
1413
(91) "Therapist" means:
1414
(a) an individual employed by a state division or agency for the purpose of conducting
1415
psychological treatment and counseling of a minor in the division's or agency's
1416
custody; or
1417
(b) any other individual licensed or approved by the state for the purpose of conducting
1418
psychological treatment and counseling.
1419
(92) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that
1420
the child is at an unreasonable risk of harm or neglect.
1421
(93) "Torture" means:
- 42 - Enrolled Copy S.B. 177
1422
(a) the infliction of a serious injury upon a child in an exceptionally cruel or
1423
exceptionally depraved manner that causes the child to experience extreme physical
1424
or psychological pain or anguish; or
1425
(b) the infliction of a serious injury, or more than one serious injury, upon a child as part
1426
of a course of conduct or over a prolonged period of time.
1427
[(93)] (94) "Ungovernable" means a child in conflict with a parent or guardian, and the
1428
conflict:
1429
(a) results in behavior that is beyond the control or ability of the child, or the parent or
1430
guardian, to manage effectively;
1431
(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
1432
(c) results in the situations described in Subsections [(93)(a)] (94)(a) and (b).
1433
[(94)] (95) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
1434
conclude that abuse, neglect, or dependency occurred.
1435
[(95)] (96) "Unsupported" means a finding by the Division of Child and Family Services at
1436
the completion of an investigation, after the day on which the Division of Child and
1437
Family Services concludes the alleged abuse, neglect, or dependency is not without
1438
merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency
1439
occurred.
1440
[(96)] (97) "Validated risk and needs assessment" means an evidence-based tool that
1441
assesses a minor's risk of reoffending and a minor's criminogenic needs.
1442
[(97)] (98) "Without merit" means a finding at the completion of an investigation by the
1443
Division of Child and Family Services, or a judicial finding, that the alleged abuse,
1444
neglect, or dependency did not occur, or that the alleged perpetrator was not responsible
1445
for the abuse, neglect, or dependency.
1446
[(98)] (99) "Youth offender" means an individual who is:
1447
(a) at least 12 years old, but under 21 years old; and
1448
(b) committed by the juvenile court to the Division of Juvenile Justice and Youth
1449
Services for secure care under Sections 80-6-703 and 80-6-705.
1450
Section 9. Section 80-2-707 is amended to read:
1451
80-2-707 . Supported finding of child abuse or neglect after division investigation
1452
-- Notice to alleged perpetrator -- Rights of alleged perpetrator -- Administrative review
1453
-- Joinder in juvenile court.
1454
(1)(a) Except as provided in Subsection (2), if, after investigation, the division makes a
1455
supported finding, the division shall send a notice of agency action to the alleged
- 43 - S.B. 177 Enrolled Copy
1456
perpetrator.
1457
(b) If the alleged perpetrator described in Subsection (1)(a) is under 18 years old, the
1458
division shall:
1459
(i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
1460
(ii) send a notice to each parent or guardian identified under Subsection (1)(b)(i) that
1461
lives at a different address, unless there is good cause, as defined by rule, made in
1462
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
1463
not sending a notice to the parent or guardian.
1464
(c) This section does not affect:
1465
(i) the manner in which the division conducts an investigation; or
1466
(ii) the use or effect, in any other setting, of a supported finding by the division at the
1467
completion of an investigation for any purpose other than for notification under
1468
Subsection (1) (a) or (b).
1469
(2) Subsection (1) does not apply to an alleged perpetrator who is served with notice under
1470
Section 80-2-708.
1471
(3) The notice described in Subsection (1) shall state that:
1472
(a) the division conducted an investigation regarding alleged abuse, neglect, or
1473
dependency;
1474
(b) the division made a supported finding of abuse, neglect, or dependency;
1475
(c) facts gathered by the division support the supported finding;
1476
(d) the alleged perpetrator has the right to request:
1477
(i) a copy of the report; and
1478
(ii) an opportunity to challenge the supported finding by the division; and
1479
(e) failure to request an opportunity to challenge the supported finding within 30 days
1480
after the day on which the notice is received will result in an unappealable supported
1481
finding of abuse, neglect, or dependency unless the alleged perpetrator can show
1482
good cause for why compliance within the 30-day requirement is virtually impossible
1483
or unreasonably burdensome.
1484
(4)(a) Except as provided in Subsection (7), an alleged perpetrator may make a request
1485
to challenge a supported finding within 30 days after the day on which the alleged
1486
perpetrator receives a notice under this section.
1487
(b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
1488
Hearings shall hold an adjudicative proceeding under Title 63G, Chapter 4,
1489
Administrative Procedures Act.
- 44 - Enrolled Copy S.B. 177
1490
(5)(a) In an adjudicative proceeding held under this section, the division has the burden
1491
of proving, by a preponderance of the evidence, that abuse, neglect, or dependency
1492
occurred and that the alleged perpetrator is substantially responsible for the abuse or
1493
neglect that occurred.
1494
(b) Any party has the right of judicial review of final agency action, in accordance with
1495
Title 63G, Chapter 4, Administrative Procedures Act.
1496
(c) A proceeding for judicial review of a final agency action under this section shall be
1497
closed to the public.
1498
(d) The Judicial Council shall make rules that ensure the confidentiality of the
1499
proceeding described in Subsection (5)(c) and the records related to the proceedings.
1500
(6) Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving
1501
notice, fails to challenge a supported finding in accordance with this section:
1502
(a) may not further challenge the finding; and
1503
(b) shall have no right to:
1504
(i) agency review of the finding;
1505
(ii) an adjudicative hearing on the finding; or
1506
(iii) judicial review of the finding.
1507
(7)(a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a
1508
request under Subsection (4) to challenge a supported finding if a court of competent
1509
jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a
1510
party, that the alleged perpetrator is substantially responsible for the abuse, neglect,
1511
or dependency that is the subject of the supported finding.
1512
(b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
1513
(c) An adjudicative proceeding under Subsection (5) may be stayed during the time a
1514
judicial action or an active criminal investigation on the same matter is pending.
1515
(8) Under Section 80-3-404, an adjudicative proceeding on a supported finding of a type of
1516
abuse or neglect that does not constitute a severe type of child abuse or neglect may be
1517
joined in the juvenile court with an adjudication on a supported finding of a severe type
1518
of child abuse or neglect.
1519
Section 10. Section 80-2-708 is amended to read:
1520
80-2-708 . Supported finding of a severe type of child abuse or neglect after
1521
division investigation -- Notation in Licensing Information System -- Juvenile court
1522
petition or notice to alleged perpetrator -- Rights of alleged perpetrator.
1523
(1) If, after investigation, the division makes a supported finding that an individual
- 45 - S.B. 177 Enrolled Copy
1524
committed a severe type of child abuse or neglect, the division shall:
1525
(a) serve notice of the supported finding on the alleged perpetrator in accordance with
1526
Subsection (4);
1527
(b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the
1528
Licensing Information System; and
1529
(c) if the division considers it advisable, file a petition for substantiation in accordance
1530
with Section 80-3-504 within [one year] 30 days after the day on which the division
1531
makes the supported finding.
1532
(2) The notice described in Subsection (1)(a):
1533
(a) shall state that:
1534
(i) the division conducted an investigation regarding alleged abuse or neglect;
1535
(ii) the division made a supported finding that the alleged perpetrator described in
1536
Subsection (1) committed a severe type of child abuse or neglect;
1537
(iii) facts gathered by the division support the supported finding;
1538
(iv) as a result of the supported finding, the alleged perpetrator's name and other
1539
identifying information have been listed in the Licensing Information System in
1540
accordance with Subsection (1)(b);
1541
(v) the alleged perpetrator may be disqualified from adopting a child, receiving state
1542
funds as a child care provider, or being licensed by:
1543
(A) the department;
1544
(B) a human services licensee;
1545
(C) a child care provider or program; or
1546
(D) a covered health care facility;
1547
(vi) the alleged perpetrator has the rights described in Subsection (3); and
1548
(vii) failure to take the action described in Subsection (3)(a) within [one year] 30 days
1549
after the day on which the notice is served will result in the action described in
1550
Subsection (3)(b);
1551
(b) shall include a general statement of the nature of the supported finding; and
1552
(c) may not include:
1553
(i) the name of a victim or witness; or
1554
(ii) any privacy information related to the victim or a witness.
1555
(3)(a) [Upon receipt of] Within 30 days after the day on which the alleged perpetrator
1556
receives the notice described in [Subsection (2)] Subsections (1)(a) and (2), the
1557
alleged perpetrator has the right to:
- 46 - Enrolled Copy S.B. 177
1558
(i) file a written request asking the division to review the supported finding made
1559
under Subsection (1);
1560
(ii) except as provided in Subsection (3)(b), [immediately ]petition the juvenile court [
1561
under Section 80-3-404] for a finding of unsubstantiated or without merit in
1562
accordance with Section 80-3-504; or
1563
(iii) sign a written consent to:
1564
(A) the supported finding made under Subsection (1); and
1565
(B) entry into the Licensing Information System of the alleged perpetrator's name
1566
and other information regarding the supported finding made under Subsection
1567
(1).
1568
(b) The alleged perpetrator has no right to petition the juvenile court under Subsection
1569
(3)(a)(ii) [if the juvenile court previously held a hearing on the same alleged incident
1570
of abuse or neglect after the filing of an abuse, neglect, or dependency petition, as
1571
defined in Section 80-3-102, by another party] if the alleged perpetrator:
1572
(i) files the petition more than 30 days after the day on which the alleged perpetrator
1573
receives the notice described in Subsections (1)(a) and (2); or
1574
(ii) has been the subject of any of the following court determinations with respect to
1575
the alleged incident of abuse or neglect:
1576
(A) conviction;
1577
(B) adjudication under Section 80-3-402 or 80-6-701;
1578
(C) plea of guilty;
1579
(D) plea of guilty with a mental condition; or
1580
(E) plea of no contest.
1581
(c) The child's parent or guardian shall give the consent for a child under Subsection
1582
(3)(a)(iii).
1583
(4) Service of the notice described in Subsections (1)(a) and (2):
1584
(a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
1585
and
1586
(b) does not preclude civil or criminal action against the alleged perpetrator.
1587
Section 11. Section 80-2-1002 is amended to read:
1588
80-2-1002 . Licensing Information System -- Contents -- Classification of records
1589
-- Access -- Unlawful release -- Penalty.
1590
(1)(a) The division shall maintain a sub-part of the Management Information System as
1591
the Licensing Information System to be used:
- 47 - S.B. 177 Enrolled Copy
1592
(i) for licensing purposes; or
1593
(ii) as otherwise provided by law.
1594
(b) Notwithstanding Subsection (1)(a), the department's access to information in the
1595
Management Information System for the licensure and monitoring of a foster parent
1596
is governed by Sections 80-2-1001 and 26B-2-121.
1597
(2) The Licensing Information System shall include only the following information:
1598
(a) the name and other identifying information of the alleged perpetrator in a supported
1599
finding, without identifying the alleged perpetrator as a perpetrator or alleged
1600
perpetrator;
1601
(b) a notation to the effect that an investigation regarding the alleged perpetrator
1602
described in Subsection (2)(a) is pending;
1603
(c) the information described in Subsection (3);
1604
(d) consented-to supported findings by an alleged perpetrator under Subsection 80-2-708
1605
(3)(a)(iii);
1606
(e) a finding from the juvenile court under Section 80-3-404 or 80-3-504; and
1607
(f) the information in the licensing part of the division's Management Information
1608
System as of May 6, 2002.
1609
(3) Subject to Section 80-2-1003, upon receipt of a finding from the juvenile court under
1610
Section 80-3-404 or 80-3-504, the division shall:
1611
(a) promptly amend the Licensing Information System to include the finding; and
1612
(b) enter the finding in the Management Information System.
1613
(4) Information or a record contained in the Licensing Information System is:
1614
(a) a protected record under Title 63G, Chapter 2, Government Records Access and
1615
Management Act; and
1616
(b) notwithstanding Title 63G, Chapter 2, Government Records Access and
1617
Management Act, accessible only:
1618
(i) to the Division of Licensing and Background Checks created in Section 26B-2-103:
1619
(A) for licensing purposes; or
1620
(B) as otherwise specifically provided for by law;
1621
(ii) to the division to:
1622
(A) screen an individual at the request of the Office of Guardian Ad Litem at the
1623
time the individual seeks a paid or voluntary position with the Office of
1624
Guardian Ad Litem and annually throughout the time that the individual
1625
remains with the Office of Guardian Ad Litem; and
- 48 - Enrolled Copy S.B. 177
1626
(B) respond to a request for information from an individual whose name is listed
1627
in the Licensing Information System;
1628
(iii) to a person designated by the Department of Health and Human Services, only
1629
for the following purposes:
1630
(A) licensing a child care program or provider; or
1631
(B) determining whether an individual associated with a child care facility,
1632
program, or provider, who is exempt from being licensed or certified by the
1633
Department of Health and Human Services under Title 26B, Chapter 2, Part 4,
1634
Child Care Licensing, has a supported finding of a severe type of child abuse
1635
or neglect;
1636
(iv) to a person designated by the Department of Workforce Services and approved
1637
by the Department of Health and Human Services for the purpose of qualifying a
1638
child care provider under Section 35A-3-310.5;
1639
(v) to the Bureau of Emergency Medical Services, within the Department of Public
1640
Safety, in determining whether an individual who is seeking an emergency
1641
medical services license has a supported finding of a severe type of child abuse or
1642
neglect;
1643
(vi) as provided in Section 26B-2-121; or
1644
(vii) to the department or another person, as provided in this chapter.
1645
(5) A person designated by the Department of Health and Human Services, the Department
1646
of Workforce Services, or the Bureau of Emergency Medical Services under Subsection
1647
(4) shall adopt measures to:
1648
(a) protect the security of the Licensing Information System; and
1649
(b) strictly limit access to the Licensing Information System to persons allowed access
1650
by statute.
1651
(6) The department shall approve a person allowed access by statute to information or a
1652
record contained in the Licensing Information System and provide training to the person
1653
with respect to:
1654
(a) accessing the Licensing Information System;
1655
(b) maintaining strict security; and
1656
(c) the criminal provisions of Sections 63G-2-801 and 80-2-1005 pertaining to the
1657
improper release of information.
1658
(7)(a) Except as authorized by this chapter, a person may not request another person to
1659
obtain or release any other information in the Licensing Information System to screen
- 49 - S.B. 177 Enrolled Copy
1660
for potential perpetrators of abuse or neglect.
1661
(b) A person who requests information knowing that the request is a violation of this
1662
Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801
1663
and 80-2-1005.
1664
Section 12. Section 80-2-1003 is amended to read:
1665
80-2-1003 . Deletion, expungement, or notation of information or reports in
1666
Management Information System or Licensing Information System.
1667
(1)(a) The division shall delete any reference in the Management Information System or
1668
Licensing Information System to a report that:
1669
(i) the division determines is without merit, if no subsequent report involving the
1670
same alleged perpetrator occurs within one year after the day on which the
1671
division makes the determination; or
1672
(ii) a court of competent jurisdiction determines is unsubstantiated or without merit,
1673
if no subsequent report involving the same alleged perpetrator occurs within five
1674
years after the day on which the juvenile court makes the determination.
1675
(b) Except as provided in Subsection (1)(c), the information described in Subsections
1676
80-2-1002(2)(a) and (b) shall remain in the Licensing Information System:
1677
(i) if the alleged perpetrator fails to take the action described in Subsection
1678
80-2-708(3)(a) within [one year] 30 days after the day on which the notice
1679
described in Subsections 80-2-708(1)(a) and (2) is served;
1680
(ii) during the time that the division awaits a response from the alleged perpetrator
1681
under Subsection 80-2-708(3)(a); and
1682
(iii) until a juvenile court determines that the severe type of child abuse or neglect
1683
upon which the Licensing Information System entry was based is unsubstantiated
1684
or without merit.
1685
(c) Regardless of whether an appeal on the matter is pending:
1686
(i) the division shall remove the information described in Subsections 80-2-1002(2)(a)
1687
and (b) from the Licensing Information System if the severe type of child abuse or
1688
neglect upon which the Licensing Information System entry is based:
1689
(A) is found to be unsubstantiated or without merit by the juvenile court under
1690
Section 80-3-404 or 80-3-504; or
1691
(B) is found to be substantiated, but is subsequently reversed on appeal; and
1692
(ii) the division shall place back on the Licensing Information System an alleged
1693
perpetrator's name and information that is removed from the Licensing
- 50 - Enrolled Copy S.B. 177
1694
Information System under Subsection (1)(c)(i) if the court action that was the
1695
basis for removing the alleged perpetrator's name and information is subsequently
1696
reversed on appeal.
1697
(2)(a) The division shall maintain a separation of reports as follows:
1698
(i) those that are supported;
1699
(ii) those that are unsupported;
1700
(iii) those that are without merit;
1701
(iv) those that are unsubstantiated under the law in effect before May 6, 2002;
1702
(v) those that are substantiated under the law in effect before May 6, 2002; and
1703
(vi) those that are consented-to supported findings under Subsection
1704
80-2-708(3)(a)(iii).
1705
(b) Only a person with statutory authority may access the information contained in a
1706
report described in Subsection (2)(a).
1707
(3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
1708
Administrative Rulemaking Act, for the expungement of supported reports or
1709
unsupported reports in the Management Information System and the Licensing
1710
Information System that:
1711
(a) in relation to an unsupported report or a supported report, identify the types of child
1712
abuse or neglect reports that the division:
1713
(i) shall expunge within five years after the last date on which the individual's name
1714
is placed in the information system, without requiring the subject of the report to
1715
request expungement;
1716
(ii) shall expunge within 10 years after the last date on which the individual's name is
1717
placed in the information system, without requiring the subject of the report to
1718
request expungement;
1719
(iii) may expunge following an individual's request for expungement in accordance
1720
with Subsection (4); and
1721
(iv) may not expunge due to the serious nature of the specified types of child abuse or
1722
neglect;
1723
(b) establish an administrative process and a standard of review for the subject of a
1724
report to make an expungement request; and
1725
(c) define the term "expunge" or "expungement" to clarify the administrative process for
1726
removing a record from the information system.
1727
(4)(a) If an individual's name is in the Management Information System or Licensing
- 51 - S.B. 177 Enrolled Copy
1728
Information System for a type of child abuse or neglect report identified under
1729
Subsection (3)(a)(iii), the individual may request to have the report expunged 10
1730
years after the last date on which the individual's name is placed in the information
1731
system for a supported or unsupported report.
1732
(b) If an individual's expungement request is denied, the individual shall wait at least
1733
one year after the day on which the denial is issued before the individual may again
1734
request to have the individual's report expunged.
1735
Section 13. Section 80-2-1004 is amended to read:
1736
80-2-1004 . Request for division removal of name from Licensing Information
1737
System -- Petition for evidentiary hearing or substantiation.
1738
(1) Except as provided in Subsection (2), an individual whose name [is] was listed on the
1739
Licensing Information System [as of] before May 6, 2002, may[ at any time]:
1740
(a) request, in writing, a review by the division of the individual's case and removal of
1741
the individual's name from the Licensing Information System under Subsection (3); or
1742
(b) file a petition for substantiation and a request for a finding of unsubstantiated or
1743
without merit in accordance with Section 80-3-504.
1744
(2) Subsection [(1)] (1)(b) does not apply to an individual who has been the subject of any
1745
of the following court determinations with respect to the alleged incident of abuse or
1746
neglect:
1747
(a) conviction;
1748
(b) adjudication under Section 80-3-402 or 80-6-701;
1749
(c) plea of guilty;
1750
(d) plea of guilty with a mental condition; or
1751
(e) plea of no contest.
1752
(3) If an alleged perpetrator whose name was listed on the Licensing Information System
1753
before May 6, 2002, requests removal of the alleged perpetrator's name from the
1754
Licensing Information System, the division shall, within 30 days after the day on which
1755
the written request is made:
1756
(a)(i) review the case to determine whether the incident of alleged abuse or neglect
1757
qualifies as:
1758
(A) a severe type of child abuse or neglect;
1759
(B) chronic abuse; or
1760
(C) chronic neglect; and
1761
(ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
- 52 - Enrolled Copy S.B. 177
1762
described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's
1763
name from the Licensing Information System; or
1764
(b) determine whether to file a petition for substantiation in accordance with Section
1765
80-3-504.
1766
Section 14. Section 80-3-301 is amended to read:
1767
80-3-301 . Shelter hearing -- Court considerations.
1768
(1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a
1769
child within 72 hours, excluding weekends and holidays, after any one or all of the
1770
following occur:
1771
(a) removal of the child from the child's home by the division;
1772
(b) placement of the child in protective custody;
1773
(c) emergency placement under Subsection 80-2a-202(5);
1774
(d) as an alternative to removal of the child, a parent enters a domestic violence shelter
1775
at the request of the division; or
1776
(e) a motion for expedited placement in temporary custody is filed under Section
1777
80-3-203.
1778
(2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
1779
division shall issue a notice that contains all of the following:
1780
(a) the name and address of the individual to whom the notice is directed;
1781
(b) the date, time, and place of the shelter hearing;
1782
(c) the name of the child on whose behalf an abuse, neglect, or dependency petition is
1783
brought;
1784
(d) a concise statement regarding:
1785
(i) the reasons for removal or other action of the division under Subsection (1); and
1786
(ii) the allegations and code sections under which the proceeding is instituted;
1787
(e) a statement that the parent or guardian to whom notice is given, and the child, are
1788
entitled to have an attorney present at the shelter hearing, and that if the parent or
1789
guardian is an indigent individual and cannot afford an attorney, and desires to be
1790
represented by an attorney, one will be provided in accordance with Title 78B,
1791
Chapter 22, Indigent Defense Act; and
1792
(f) a statement that the parent or guardian is liable for the cost of support of the child in
1793
the protective custody, temporary custody, and custody of the division, and the cost
1794
for legal counsel appointed for the parent or guardian under Subsection (2)(e),
1795
according to the financial ability of the parent or guardian.
- 53 - S.B. 177 Enrolled Copy
1796
(3) The notice described in Subsection (2) shall be personally served as soon as possible,
1797
but no later than one business day after the day on which the child is removed from the
1798
child's home, or the day on which a motion for expedited placement in temporary
1799
custody under Section 80-3-203 is filed, on:
1800
(a) the appropriate guardian ad litem; and
1801
(b) both parents and any guardian of the child, unless the parents or guardians cannot be
1802
located.
1803
(4) Notwithstanding Section 80-3-104, the following individuals shall be present at the
1804
shelter hearing:
1805
(a) the child, unless it would be detrimental for the child;
1806
(b) the child's parents or guardian, unless the parents or guardian cannot be located, or
1807
fail to appear in response to the notice;
1808
(c) counsel for the parents, if one is requested;
1809
(d) the child's guardian ad litem;
1810
(e) the child welfare caseworker from the division who is assigned to the case; and
1811
(f) the attorney from the attorney general's office who is representing the division.
1812
(5)(a) At the shelter hearing, the juvenile court shall:
1813
(i) provide an opportunity to provide relevant testimony to:
1814
(A) the child's parent or guardian, if present; and
1815
(B) any other individual with relevant knowledge;
1816
(ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and
1817
(iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential
1818
consideration to a relative or friend for the temporary placement of the child.
1819
(b) The juvenile court:
1820
(i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
1821
Procedure;
1822
(ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
1823
the requesting party, or the requesting party's counsel, including relevant evidence
1824
regarding harm the specific child has suffered or will suffer due to the separation
1825
or continued separation from the child's parent or guardian; and
1826
(iii) may in the juvenile court's discretion limit testimony and evidence to only that
1827
which goes to the issues of removal and the child's need for continued protection.
1828
(6) If the child is in protective custody, the division shall report to the juvenile court:
1829
(a) the reason why the child was removed from the parent's or guardian's custody;
- 54 - Enrolled Copy S.B. 177
1830
(b) any services provided to the child and the child's family in an effort to prevent
1831
removal;
1832
(c) the need, if any, for continued shelter;
1833
(d) the available services that could facilitate the return of the child to the custody of the
1834
child's parent or guardian; and
1835
(e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or
1836
friends of the child's parents may be able and willing to accept temporary placement
1837
of the child.
1838
(7) The juvenile court shall consider all relevant evidence provided by an individual or
1839
entity authorized to present relevant evidence under this section.
1840
(8)(a) If necessary to protect the child, preserve the rights of a party, or for other good
1841
cause shown, the juvenile court may grant no more than one continuance, not to
1842
exceed five judicial days.
1843
(b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
1844
guardian for a continuance under Subsection (8)(a).
1845
(c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
1846
described in Subsection (2) within the time described in Subsection (3), the juvenile
1847
court may grant the request of a parent or guardian for a continuance, not to exceed
1848
five judicial days.
1849
(9)(a) If the child is in protective custody, the juvenile court shall order that the child be
1850
returned to the custody of the parent or guardian unless the juvenile court finds, by a
1851
preponderance of the evidence, consistent with the protections and requirements
1852
provided in Subsection 80-2a-201(1), that any one of the following exists:
1853
(i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
1854
safety of the child and the child's physical health or safety may not be protected
1855
without removing the child from the custody of the child's parent;
1856
(ii)(A) the child is suffering emotional damage that results in a serious impairment
1857
in the child's growth, development, behavior, or psychological functioning;
1858
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1859
would sufficiently prevent future damage; and
1860
(C) there are no reasonable means available by which the child's emotional health
1861
may be protected without removing the child from the custody of the child's
1862
parent or guardian;
1863
(iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
- 55 - S.B. 177 Enrolled Copy
1864
not removed from the custody of the child's parent or guardian;
1865
(iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
1866
household has been, or is considered to be at substantial risk of being, physically
1867
abused, sexually abused, or sexually exploited by:
1868
(A) a parent or guardian;
1869
(B) a member of the parent's household or the guardian's household; or
1870
(C) an individual known to the parent or guardian;
1871
(v) the parent or guardian is unwilling to have physical custody of the child;
1872
(vi) the parent or guardian is unable to have physical custody of the child;
1873
(vii) the child is without any provision for the child's support;
1874
(viii) a parent who is incarcerated or institutionalized has not or cannot arrange for
1875
safe and appropriate care for the child;
1876
(ix)(A) a relative or other adult custodian with whom the child is left by the parent
1877
or guardian is unwilling or unable to provide care or support for the child;
1878
(B) the whereabouts of the parent or guardian are unknown; and
1879
(C) reasonable efforts to locate the parent or guardian are unsuccessful;
1880
(x) subject to Subsection 80-1-102(58)(b)(i) and Sections 80-3-109 and 80-3-304, the
1881
child is in immediate need of medical care;
1882
(xi)(A) the physical environment or the fact that the child is left unattended
1883
beyond a reasonable period of time poses a threat to the child's health or safety;
1884
and
1885
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1886
would remove the threat;
1887
(xii)(A) the child or a minor residing in the same household has been neglected;
1888
and
1889
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1890
would prevent the neglect;
1891
(xiii) the parent, guardian, or an adult residing in the same household as the parent or
1892
guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine
1893
Drug Lab Act, and any clandestine laboratory operation was located in the
1894
residence or on the property where the child resided;
1895
(xiv)(A) the child's welfare is substantially endangered; and
1896
(B) the parent or guardian is unwilling or unable to make reasonable changes that
1897
would remove the danger; or
- 56 - Enrolled Copy S.B. 177
1898
(xv) the child's natural parent:
1899
(A) intentionally, knowingly, or recklessly causes the death of another parent of
1900
the child;
1901
(B) is identified by a law enforcement agency as the primary suspect in an
1902
investigation for intentionally, knowingly, or recklessly causing the death of
1903
another parent of the child; or
1904
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1905
recklessly causing the death of another parent of the child.
1906
(b)(i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
1907
established if:
1908
(A) a court previously adjudicated that the child suffered abuse, neglect, or
1909
dependency involving the parent; and
1910
(B) a subsequent incident of abuse, neglect, or dependency involving the parent
1911
occurs.
1912
(ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
1913
knowingly allowed the child to be in the physical care of an individual after the
1914
parent received actual notice that the individual physically abused, sexually
1915
abused, or sexually exploited the child, that fact is prima facie evidence that there
1916
is a substantial risk that the child will be physically abused, sexually abused, or
1917
sexually exploited.
1918
(10)(a)(i) The juvenile court shall make a determination on the record as to whether
1919
reasonable efforts were made to prevent or eliminate the need for removal of the
1920
child from the child's home and whether there are available services that would
1921
prevent the need for continued removal.
1922
(ii) If the juvenile court finds that the child can be safely returned to the custody of
1923
the child's parent or guardian through the provision of the services described in
1924
Subsection (10)(a)(i), the juvenile court shall place the child with the child's
1925
parent or guardian and order that the services be provided by the division.
1926
(b) In accordance with federal law, the juvenile court shall consider the child's health,
1927
safety, and welfare as the paramount concern when making the determination
1928
described in Subsection (10)(a), and in ordering and providing the services described
1929
in Subsection (10)(a).
1930
(11) If the division's first contact with the family occurred during an emergency situation in
1931
which the child could not safely remain at home, the juvenile court shall make a finding
- 57 - S.B. 177 Enrolled Copy
1932
that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was
1933
appropriate.
1934
(12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
1935
neglect are involved, the juvenile court and the division do not have any duty to make
1936
reasonable efforts or to, in any other way, attempt to maintain a child in the child's
1937
home, return a child to the child's home, provide reunification services, or attempt to
1938
rehabilitate the offending parent or parents.
1939
(13) The juvenile court may not order continued removal of a child solely on the basis of
1940
educational neglect, truancy, or failure to comply with a court order to attend school.
1941
(14)(a) If a juvenile court orders continued removal of a child under this section, the
1942
juvenile court shall state the facts on which the decision is based.
1943
(b) If no continued removal is ordered and the child is returned home, the juvenile court
1944
shall state the facts on which the decision is based.
1945
(15) If the juvenile court finds that continued removal and temporary custody are necessary
1946
for the protection of a child under Subsection (9)(a), the juvenile court shall order
1947
continued removal regardless of:
1948
(a) any error in the initial removal of the child;
1949
(b) the failure of a party to comply with notice provisions; or
1950
(c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services,
1951
or Chapter 2a, Removal and Protective Custody of a Child.
1952
Section 15. Section 80-3-404 is amended to read:
1953
80-3-404 . Finding of severe child abuse or neglect -- Order delivered to division
1954
-- Court records.
1955
(1) If an abuse, neglect, or dependency petition [is ]filed with the juvenile court [that]
1956
pursuant to Section 80-3-201 informs the juvenile court that the division has made a
1957
supported finding that an individual committed a severe type of child abuse or neglect,
1958
the juvenile court shall:
1959
(a) make a finding of substantiated, unsubstantiated, or without merit;
1960
(b) include the finding described in Subsection (1)(a) in a written order; and
1961
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
1962
(2) The juvenile court shall make the finding described in Subsection (1):
1963
(a) as part of the adjudication hearing;
1964
(b) at the conclusion of the adjudication hearing; or
1965
(c) as part of a court order entered under a written stipulation of the parties.
- 58 - Enrolled Copy S.B. 177
1966
(3) In accordance with Section 80-2-707, a proceeding for adjudication of a supported
1967
finding of a type of abuse or neglect that does not constitute a severe type of child abuse
1968
or neglect may be joined in the juvenile court with an adjudication of a severe type of
1969
child abuse or neglect.
1970
(4)(a) The juvenile court shall make [records] a record of the juvenile court's findings
1971
under Subsection (1) available only to an individual with statutory authority to access
1972
the Licensing Information System for the purposes of licensing under Sections
1973
26B-1-211, 26B-2-120, and 26B-2-404, or for the purposes described in Sections [
1974
53-2d-410, ]26B-2-121, 26B-2-238 through 26B-2-241, or [26B-4-124] 53-2d-410.
1975
(b) An appellate court shall make [records] a record of an appeal from the juvenile court's
1976
decision under Subsection (1) available only to an individual with statutory authority
1977
to access the Licensing Information System for the purposes described in Subsection
1978
(4)(a).
1979
Section 16. Section 80-3-406 is amended to read:
1980
80-3-406 . Permanency plan -- Reunification services.
1981
(1) If the juvenile court orders continued removal at the dispositional hearing under Section
1982
80-3-402, and that the minor remain in the custody of the division, the juvenile court
1983
shall first:
1984
(a) establish a primary permanency plan and a concurrent permanency plan for the minor
1985
in accordance with this section; and
1986
(b) determine whether, in view of the primary permanency plan, reunification services
1987
are appropriate for the minor and the minor's family under Subsections (5) through (8).
1988
(2)(a) The concurrent permanency plan shall include:
1989
(i) a representative list of the conditions under which the primary permanency plan
1990
will be abandoned in favor of the concurrent permanency plan; and
1991
(ii) an explanation of the effect of abandoning or modifying the primary permanency
1992
plan.
1993
(b) In determining the primary permanency plan and concurrent permanency plan, the
1994
juvenile court shall consider:
1995
(i) the preference for kinship placement over nonkinship placement, including the
1996
rebuttable presumption described in Subsection 80-3-302(7)(a);
1997
(ii) the potential for a guardianship placement if parental rights are terminated and no
1998
appropriate adoption placement is available; and
1999
(iii) the use of an individualized permanency plan, only as a last resort.
- 59 - S.B. 177 Enrolled Copy
2000
(3)(a) The juvenile court may amend a minor's primary permanency plan before the
2001
establishment of a final permanency plan under Section 80-3-409.
2002
(b) The juvenile court is not limited to the terms of the concurrent permanency plan in
2003
the event that the primary permanency plan is abandoned.
2004
(c) If, at any time, the juvenile court determines that reunification is no longer a minor's
2005
primary permanency plan, the juvenile court shall conduct a permanency hearing in
2006
accordance with Section 80-3-409 on or before the earlier of:
2007
(i) 30 days after the day on which the juvenile court makes the determination
2008
described in this Subsection (3)(c); or
2009
(ii) the day on which the provision of reunification services, described in Section
2010
80-3-409, ends.
2011
(4)(a) Because of the state's interest in and responsibility to protect and provide
2012
permanency for minors who are abused, neglected, or dependent, the Legislature
2013
finds that a parent's interest in receiving reunification services is limited.
2014
(b) The juvenile court may determine that:
2015
(i) efforts to reunify a minor with the minor's family are not reasonable or
2016
appropriate, based on the individual circumstances; and
2017
(ii) reunification services should not be provided.
2018
(c) In determining reasonable efforts to be made with respect to a minor, and in making
2019
reasonable efforts, the juvenile court and the division shall consider the minor's
2020
health, safety, and welfare as the paramount concern.
2021
(5) There is a presumption that reunification services should not be provided to a parent if
2022
the juvenile court finds, by clear and convincing evidence, that any of the following
2023
circumstances exist:
2024
(a) the whereabouts of the parents are unknown, based on a verified affidavit indicating
2025
that a reasonably diligent search has failed to locate the parent;
2026
(b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
2027
magnitude that the mental illness renders the parent incapable of utilizing
2028
reunification services;
2029
(c) the minor was previously adjudicated as an abused child due to physical abuse,
2030
sexual abuse, or sexual exploitation, and following the adjudication the child:
2031
(i) was removed from the custody of the minor's parent;
2032
(ii) was subsequently returned to the custody of the parent; and
2033
(iii) is being removed due to additional physical abuse, sexual abuse, or sexual
- 60 - Enrolled Copy S.B. 177
2034
exploitation;
2035
(d) the parent:
2036
(i) caused the death of another minor through abuse or neglect;
2037
(ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
2038
(A) murder or manslaughter of a minor; or
2039
(B) child abuse homicide;
2040
(iii) committed sexual abuse against the minor;
2041
(iv) is a registered sex offender or required to register as a sex offender; or
2042
(v)(A) intentionally, knowingly, or recklessly causes the death of another parent
2043
of the minor;
2044
(B) is identified by a law enforcement agency as the primary suspect in an
2045
investigation for intentionally, knowingly, or recklessly causing the death of
2046
another parent of the minor; or
2047
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2048
recklessly causing the death of another parent of the minor;
2049
(e) the minor suffered severe abuse by the parent or by any individual known by the
2050
parent if the parent knew or reasonably should have known that the individual was
2051
abusing the minor;
2052
(f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent,
2053
and the juvenile court finds that it would not benefit the minor to pursue reunification
2054
services with the offending parent;
2055
(g) the parent's rights are involuntarily terminated with regard to any other minor;
2056
(h) the minor was removed from the minor's home on at least two previous occasions
2057
and reunification services were offered or provided to the family at those times;
2058
(i) the parent has abandoned the minor for a period of six months or longer;
2059
(j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
2060
location where the parent knew or should have known that a clandestine laboratory
2061
operation was located;
2062
(k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
2063
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder,
2064
or was exposed to an illegal or prescription drug that was abused by the minor's
2065
mother while the minor was in utero, if the minor was taken into division custody for
2066
that reason, unless the mother agrees to enroll in, is currently enrolled in, or has
2067
recently and successfully completed a substance use disorder treatment program
- 61 - S.B. 177 Enrolled Copy
2068
approved by the department; or
2069
(l) [any other circumstance that the juvenile court determines should preclude
2070
reunification efforts or services.] the parent has subjected the minor to aggravated
2071
circumstances, including:
2072
(i) a severe type of child abuse or neglect;
2073
(ii) torture; or
2074
(iii) human trafficking of a child as described in Section 76-5-308.5.
2075
(6)(a) The juvenile court shall base the finding under Subsection (5)(b) on competent
2076
evidence from at least two medical or mental health professionals, who are not
2077
associates, establishing that, even with the provision of services, the parent is not
2078
likely to be capable of adequately caring for the minor within 12 months after the day
2079
on which the juvenile court finding is made.
2080
(b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
2081
court finds, under the circumstances of the case, that the substance use disorder
2082
treatment described in Subsection (5)(k) is not warranted.
2083
(7) In determining whether reunification services are appropriate, the juvenile court shall
2084
take into consideration:
2085
(a) failure of the parent to respond to previous services or comply with a previous child
2086
and family plan;
2087
(b) the fact that the minor was abused while the parent was under the influence of drugs
2088
or alcohol;
2089
(c) any history of violent behavior directed at the minor or an immediate family member;
2090
(d) the circumstances under which the parent's rights were voluntarily terminated with
2091
regard to any other minor;
2092
[(d)] (e) whether a parent continues to live with an individual who abused the minor;
2093
[(e)] (f) any patterns of the parent's behavior that have exposed the minor to repeated
2094
abuse;
2095
[(f)] (g) testimony by a competent professional that the parent's behavior is unlikely to be
2096
successful; and
2097
[(g)] (h) whether the parent has expressed an interest in reunification with the minor.
2098
(8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification
2099
services, a permanency hearing shall be conducted within 30 days in accordance with
2100
Section 80-3-409.
2101
(9)(a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that
- 62 - Enrolled Copy S.B. 177
2102
reunification services are appropriate for the minor and the minor's family, the
2103
juvenile court shall provide for reasonable parent-time with the parent or parents
2104
from whose custody the minor was removed, unless parent-time is not in the best
2105
interest of the minor.
2106
(b) Parent-time is in the best interests of a minor unless the juvenile court makes a
2107
finding that it is necessary to deny parent-time in order to:
2108
(i) protect the physical safety of the minor;
2109
(ii) protect the life of the minor; or
2110
(iii) prevent the minor from being traumatized by contact with the parent due to the
2111
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
2112
(c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
2113
solely on a parent's failure to:
2114
(i) prove that the parent has not used legal or illegal substances; or
2115
(ii) comply with an aspect of the child and family plan that is ordered by the juvenile
2116
court.
2117
(d) Parent-time shall be under the least restrictive conditions necessary to:
2118
(i) protect the physical safety of the child; or
2119
(ii) prevent the child from being traumatized by contact with the parent due to the
2120
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
2121
(e)(i) The division or the person designated by the division or a court to supervise a
2122
parent-time session may deny parent-time for the session if the division or the
2123
supervising person determines that, based on the parent's condition, it is necessary
2124
to deny parent-time to:
2125
(A) protect the physical safety of the child;
2126
(B) protect the life of the child; or
2127
(C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized
2128
by contact with the parent.
2129
(ii) In determining whether the condition of the parent described in Subsection
2130
(9)(e)(i) will traumatize a child, the division or the person supervising the
2131
parent-time session shall consider the impact that the parent's condition will have
2132
on the child in light of:
2133
(A) the child's fear of the parent; and
2134
(B) the nature of the alleged abuse or neglect.
2135
(10)(a) If the juvenile court determines that reunification services are appropriate, the
- 63 - S.B. 177 Enrolled Copy
2136
juvenile court shall order that the division make reasonable efforts to provide services
2137
to the minor and the minor's parent for the purpose of facilitating reunification of the
2138
family, for a specified period of time.
2139
(b) In providing the services described in Subsection (10)(a), the juvenile court and the
2140
division shall consider the minor's health, safety, and welfare as the paramount
2141
concern.
2142
(11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
2143
neglect are involved:
2144
(a) the juvenile court does not have any duty to order reunification services; and
2145
(b) the division does not have a duty to make reasonable efforts to or in any other way
2146
attempt to provide reunification services or attempt to rehabilitate the offending
2147
parent or parents.
2148
(12)(a) The juvenile court shall:
2149
(i) determine whether the services offered or provided by the division under the child
2150
and family plan constitute reasonable efforts on the part of the division;
2151
(ii) determine and define the responsibilities of the parent under the child and family
2152
plan in accordance with Subsection 80-3-307(5)(g)(iii); and
2153
(iii) identify verbally on the record, or in a written document provided to the parties,
2154
the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting
2155
in any future determination regarding the provision of reasonable efforts, in
2156
accordance with state and federal law.
2157
(b) If the parent is in a substance use disorder treatment program, other than a certified
2158
drug court program, the juvenile court may order the parent:
2159
(i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
2160
80-3-110(6), in addition to the testing recommended by the parent's substance use
2161
disorder program based on a finding of reasonable suspicion that the parent is
2162
abusing drugs or alcohol; and
2163
(ii) to provide the results of drug or alcohol testing recommended by the substance
2164
use disorder program to the juvenile court or division.
2165
(13)(a) The time period for reunification services may not exceed 12 months from the
2166
day on which the minor was initially removed from the minor's home, unless the time
2167
period is extended under Subsection 80-3-409(7).
2168
(b) This section does not entitle any parent to an entire 12 months of reunification
2169
services.
- 64 - Enrolled Copy S.B. 177
2170
(14)(a) If reunification services are ordered, the juvenile court may terminate those
2171
services at any time.
2172
(b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to
2173
be inconsistent with the final permanency plan for the minor established under
2174
Section 80-3-409, then measures shall be taken, in a timely manner, to:
2175
(i) place the minor in accordance with the final permanency plan; and
2176
(ii) complete whatever steps are necessary to finalize the permanent placement of the
2177
minor.
2178
(15) Any physical custody of the minor by the parent or a relative during the period
2179
described in Subsections (10) through (14) does not interrupt the running of the period.
2180
(16)(a) If reunification services are ordered, the juvenile court shall conduct a
2181
permanency hearing in accordance with Section 80-3-409 before the day on which
2182
the time period for reunification services expires.
2183
(b) The permanency hearing shall be held no later than 12 months after the original
2184
removal of the minor.
2185
(c) If reunification services are not ordered, a permanency hearing shall be conducted
2186
within 30 days in accordance with Section 80-3-409.
2187
(17) With regard to a minor in the custody of the division whose parent or parents are
2188
ordered to receive reunification services but who have abandoned that minor for a period
2189
of six months from the day on which reunification services are ordered:
2190
(a) the juvenile court shall terminate reunification services; and
2191
(b) the division shall petition the juvenile court for termination of parental rights.
2192
(18) When a minor is under the custody of the division and has been separated from a
2193
sibling due to foster care or adoptive placement, a juvenile court may order sibling
2194
visitation, subject to the division obtaining consent from the sibling's guardian,
2195
according to the juvenile court's determination of the best interests of the minor for
2196
whom the hearing is held.
2197
(19)(a) If reunification services are not ordered under this section, and the whereabouts
2198
of a parent becomes known within six months after the day on which the out-of-home
2199
placement of the minor is made, the juvenile court may order the division to provide
2200
reunification services.
2201
(b) The time limits described in this section are not tolled by the parent's absence.
2202
(20)(a) If a parent is incarcerated or institutionalized, the juvenile court shall order
2203
reasonable services unless the juvenile court determines that those services would be
- 65 - S.B. 177 Enrolled Copy
2204
detrimental to the minor.
2205
(b) In making the determination described in Subsection (20)(a), the juvenile court shall
2206
consider:
2207
(i) the age of the minor;
2208
(ii) the degree of parent-child bonding;
2209
(iii) the length of the sentence;
2210
(iv) the nature of the treatment;
2211
(v) the nature of the crime or illness;
2212
(vi) the degree of detriment to the minor if services are not offered;
2213
(vii) for a minor who is 10 years old or older, the minor's attitude toward the
2214
implementation of family reunification services; and
2215
(viii) any other appropriate factors.
2216
(c) Reunification services for an incarcerated parent are subject to the time limitations
2217
imposed in this section.
2218
(d) Reunification services for an institutionalized parent are subject to the time
2219
limitations imposed in this section, unless the juvenile court determines that
2220
continued reunification services would be in the minor's best interest.
2221
Section 17. Section 80-3-504 is amended to read:
2222
80-3-504 . Petition for substantiation -- Court findings -- Expedited hearing --
2223
Records of an appeal.
2224
(1) The division or an individual may file a petition for substantiation in accordance with
2225
Section 80-2-708 or 80-2-1004.
2226
(2) An adjudicative proceeding on a petition for substantiation may be stayed during the
2227
time a judicial action or an active criminal investigation on the same matter is pending.
2228
(3) If the division decides to file a petition for substantiation under Section 80-2-1004, the
2229
division shall file the petition [no more than 14] within 30 days after the day on which
2230
the division makes the decision.
2231
[(3)] (4) At the conclusion of the hearing on a petition for substantiation, the juvenile court
2232
shall:
2233
(a) make a finding of substantiated, unsubstantiated, or without merit;
2234
(b) include the finding in a written order; and
2235
(c) deliver a certified copy of the order to the division.
2236
[(4)] (5) If an individual whose name is listed on the Licensing Information System before
2237
May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time
- 66 - Enrolled Copy S.B. 177
2238
that an alleged perpetrator's application for clearance to work with children or vulnerable
2239
adults is pending, the juvenile court shall:
2240
(a) hear the matter on an expedited basis; and
2241
(b) enter a final decision no later than 60 days after the day on which the petition for
2242
substantiation is filed.
2243
[(5)] (6)(a) The juvenile court shall make a record of the juvenile court's findings under
2244
Subsection (4) available only to an individual with statutory authority to access the
2245
Licensing Information System for the purposes of licensing under Sections 26B-1-211,
2246
26B-2-120, and 26B-2-404, or for the purposes described in Sections 26B-2-121, or
2247
26B-2-238 through 26B-2-241, or 53-2d-410.
2248
(b) An appellate court shall make a record of an appeal from the juvenile court's decision
2249
under Subsection [(3)] (4) available only to an individual with statutory authority to
2250
access the Licensing Information System for the purposes [of licensing under
2251
Sections 26B-1-211, 26B-2-120, 26B-2-404, or for the purposes described in
2252
Sections 53-2d-410, 26B-2-121, 26B-2-238 through 26B-2-241, or 26B-4-124]
2253
described in Subsection (6)(a).
2254
Section 18. Effective Date.
2255
This bill takes effect on May 7, 2025.
- 67 -