House of Representatives
State of Utah
The Law Enforcement and Criminal Justice Committee reports a favorable recommendation on
H.B. 202, MEDICAL RECOMMENDATIONS FOR CHILDREN, by Representative M. Morley, with the
following amendments:
1. Page
2, Line 30
:
30
78-3a-305, as last amended by Chapters 13 and 281, Laws of Utah 2006
}
2. Page
7, Line 183 through Page 8, Line 214
:
183
Section 3.
Section
78-3a-305
is amended to read:
184
78-3a-305. Petition filed.
185
(1) For purposes of this section, "petition" means a petition to commence
proceedings
186
in a juvenile court alleging that a child is:
187
(a) abused;
188
(b) neglected; or
189
(c) dependent.
190
(2) (a) Subject to Subsection (2)(b), any interested person may file a petition.
191
(b) A person described in Subsection (2)(a) shall make a referral with the
division
192
before the person files a petition.
193
(3) If the child who is the subject of a petition is removed from the child's home
by the
194
division, the petition shall be filed on or before the date of the initial shelter hearing
described
195
in Section
78-3a-306
.
196
(4) The petition shall be verified, and contain all of the following:
197
(a) the name, age, and address, if any, of the child upon whose behalf the
petition is
198
brought;
199
(b) the names and addresses, if known to the petitioner, of both parents and
any
200
guardian of the child;
201
(c) a concise statement of facts, separately stated, to support the conclusion that
the
202
child upon whose behalf the petition is being brought is abused, neglected, or
dependent; and
203
(d) a statement regarding whether the child is in protective custody, and if so,
the date
204
and precise time the child was taken into protective custody.
205
(5) (a) Except as provided in Subsection (5)(b), a court or the Division of Child
and
206
Family Services may not remove a child from the custody of the child's parent or
guardian on
207
the sole or primary basis that the parent or guardian refuses to consent to:
208
(i) the administration of a psychotropic medication to a child;
209
(ii) a psychiatric, psychological, or behavioral treatment for a child; or
210
(iii) a psychiatric or behavioral health evaluation of a child.
211
(b) Notwithstanding Subsection (5)(a), a court or the Division of Child and
Family
212
Services may remove a child under conditions that would otherwise be prohibited
under
213
Subsection (5)(a) if failure to take an action described under Subsection (5)(a) would
present a
214
serious, imminent risk to the child's physical safety or the physical safety of
others.
}
Respectfully,
DeMar "Bud" Bowman
Committee Chair
Voting: 7-2-2
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