, other than a noncustodial parent
, under Section
62A-4a-209
{
or
}
,
78-3a-307
, or Section 78-3a-307.5
, pending completion of the
114
background check described in Subsections (1)(f) and (g).
4. Page
26, Line 799 through Page 27, Line 805
:
799
{
(B) conduct
}
(C)
a background check that complies with the criminal background check
800
provisions described in Section
78-3a-307.1
, of each adult nonrelative, as defined in
801
Subsection
62A-4a-209
(1)(a), of the child who resides in the household where the child may be
802
placed;
803
(ii) if the child will be placed with a noncustodial parent of the child, complete
{
the
804
same
}
a background check that includes:
(A) the
background check requirements applicable to an emergency placement with a
805
noncustodial parent
{
, as
}
that are
described in
{
Section
}
Subsections
62A-4a-209
(5)
and (7)
;
(B) a completed search, relating to the noncustodial parent of the child, of the Management
Information System described in Section 62A-4a-1003; and
(C)
a background check that complies with the criminal background check provisions
described in Section 78-3a-307.1, of each adult nonrelative, as defined in Subsection 62A-4a-209(1)(a), of
the child who resides in the household where the child may be placed;
5. Page
29, Lines 876 through 879
:
876
(A) take the child into physical custody; and
877
(B) within
{
one day
}
three days
, excluding weekends and holidays,
{
of
}
after
taking the child into physical
878
custody under Subsection (16)(a)(ii)(A), give written notice to the court, and all parties to the
879
proceedings, of the division's action.
6. Page
31, Lines 938 through 941
:
938
(b) [Upon request by the Division of Child and Family Services] Except as provided in
939
Subsection (4),
upon request by
the division or the Office of the Guardian ad Litem Director, or upon the
court's
940
order, persons subject to the requirements of Subsection (1) shall submit fingerprints and shall
941
be subject to an FBI fingerprint background check. The child may be temporarily placed,
7. Page
32, Lines 970 through 978
:
970
(4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
971
parent or relative under Section
62A-4a-209
{
or
}
,
78-3a-307
, or 78-3a-307.5
, unless the court
finds that
972
compliance with Subsection (2)(a) or (b) is necessary to ensure the safety of the child.
973
(5) The requirements under Subsection (3) do not apply to the extent that:
974
(a) federal law or rule permits otherwise; or
975
(b) the requirements would prohibit the division or a court from placing a child with:
976
(i) a noncustodial parent, under Section
62A-4a-209
{
or
}
,
78-3a-307
, or 78-3a-307.5
; or
977
(ii) a relative, under Section
62A-4a-209
{
or
}
,
78-3a-307
, or 78-3a-307.5
, pending
completion of the
978
background check described in Subsection (3).
Section 9. Section 78-3a-307.5 is enacted to read:
78-3a-307.5. Post-shelter hearing placement of a child who is in division custody.
(1) If the court awards custody of a child to the division under Section 78-3a-307, or as otherwise
permitted by law, the division shall determine ongoing placement of the child.
(2) In placing a child under Subsection (1), the division:
(a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable background
check provisions described in Section 78-3a-307;
(b) is not required to receive approval from the court prior to making the placement;
(c) shall, within three days, excluding weekends and holidays, after making the placement, give
written notice to the court, and all parties to the proceedings, that the placement has been made; and
(d) may place the child with a noncustodial parent or relative of the child, using the same criteria
established for an emergency placement under Section 62A-4a-209, pending the results of:
(i) the background check described in Subsection 78-3a-307(16)(a); and
(ii) evaluation with the noncustodial parent or relative to determine the noncustodial
parent's or relative's capacity to provide ongoing care to the child.
8. Page
36, Lines 1105 through 1110
:
1105
(9) The requirements under Subsection (8) do not apply to the extent that:
1106
(a) federal law or rule permits otherwise; or
1107
(b) the requirements would prohibit the division or a court from placing a child with:
1108
(i) a noncustodial parent, under Section
62A-4a-209
{
or
}
,
78-3a-307
,or 78-3a-307.5
; or
1109
(ii) a relative, under Section
62A-4a-209
{
or
}
,
78-3a-307
, or 78-3a-307.5
, pending
completion of the
1110
background check described in Subsection (8).
9. Page
38, Line 1151
:
1151
Subsections
78-30-3.5
(8)(a) through (d).
Section 12. Effective date.
If approved by two-thirds of all members elected to each house, this bill takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution Article
VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto override.
Renumber remaining sections accordingly.
Page 1 of 3
hb0036.hfa.01.wpd
LRGC
TomVaughn
TomVaughn