S.B.
17
CHILD ABUSE AND NEGLECT REGISTRY - MANAGEMENT AND LICENSING
INFORMATION SYSTEMS AMENDMENTS
senate floor
Amendments
Amendment 2 February 6, 2008 10:18 am
Senator Gene Davis
proposes the following amendments:
1. Page
15i, Line 445 through Page 18, Line 526
Senate 2nd Reading Amendments
2-5-2008
:
{
445
Section 7.
Section
78-3a-104
is amended to read:
446
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
447
(1) Except as otherwise provided by law, the juvenile court has exclusive original
448
jurisdiction in proceedings concerning:
449
(a) a child who has violated any federal, state, or local law or municipal ordinance or a
450
person younger than 21 years of age who has violated any law or ordinance before becoming
451
18 years of age, regardless of where the violation occurred, excluding traffic laws and boating
452
and ordinances;
453
(b) a person 21 years of age or older who has failed or refused to comply with an order
454
of the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's
455
21st birthday; however, the continuing jurisdiction is limited to causing compliance with
456
existing orders;
457
(c) a child who is an abused child, neglected child, or dependent child, as those terms
458
are defined in Section
78-3a-103
;
459
(d) a protective order for a child pursuant to the provisions of Title 78, Chapter 3h,
460
Child Protective Orders, which the juvenile court may transfer to the district court if the
461
juvenile court has entered an ex parte protective order and finds that:
462
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step
463
parent of the child who is the object of the petition;
464
(ii) the district court has a petition pending or an order related to custody or parent-time
465
entered under Title 30, Chapter 3, Divorce, Title 30, Chapter 6, Cohabitant Abuse Act, or Title
466
78, Chapter 45g, Utah Uniform Parentage Act, in which the petitioner and the respondent are
467
parties; and
468
(iii) the best interests of the child will be better served in the district court;
469
(e) appointment of a guardian of the person or other guardian of a minor who comes
470
within the court's jurisdiction under other provisions of this section;
471
(f) the emancipation of a minor in accordance with Part 10, Emancipation;
472
(g) the termination of the legal parent-child relationship in accordance with Part 4,
473
Termination of Parental Rights Act, including termination of residual parental rights and
474
duties;
475
(h) the treatment or commitment of a mentally retarded minor;
476
(i) a minor who is a habitual truant from school;
477
(j) the judicial consent to the marriage of a child under age 16 upon a determination of
478
voluntariness or where otherwise required by law, employment, or enlistment of a child when
479
consent is required by law;
480
(k) any parent or parents of a child committed to a secure youth corrections facility, to
481
order, at the discretion of the court and on the recommendation of a secure facility, the parent
482
or parents of a child committed to a secure facility for a custodial term, to undergo group
483
rehabilitation therapy under the direction of a secure facility therapist, who has supervision of
484
that parent's or parents' child, or any other therapist the court may direct, for a period directed
485
by the court as recommended by a secure facility;
486
(l) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
487
(m) the treatment or commitment of a mentally ill child. The court may commit a child
488
to the physical custody of a local mental health authority in accordance with the procedures and
489
requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to
490
Division of Substance Abuse and Mental Health. The court may not commit a child directly to
491
the Utah State Hospital;
492
(n) the commitment of a child in accordance with Section
62A-15-301
;
493
(o) de novo review of final agency actions resulting from an informal adjudicative
494
proceeding as provided in Section
63-46b-15
; and
495
(p) adoptions conducted in accordance with the procedures described in Title 78,
496
Chapter 30, Adoption, when the juvenile court has previously entered an order terminating the
497
rights of a parent and finds that adoption is in the best interest of the child.
498
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
499
jurisdiction over any traffic or boating offense committed by a person under 16 years of age
500
and concurrent jurisdiction over all other traffic or boating offenses committed by a person 16
501
years of age or older, except that the court shall have exclusive jurisdiction over the following
502
offenses committed by a child:
503
(a) Section
76-5-207
, automobile homicide;
504
(b) Section
41-6a-502
, operating a vehicle while under the influence of alcohol or
505
drugs;
506
(c) Section
41-6a-528
, reckless driving or Section
73-18-12
, reckless operation;
507
(d) Section
41-1a-1314
, unauthorized control over a motor vehicle, trailer, or
508
semitrailer for an extended period of time; and
509
(e) Section
41-6a-210
or
73-18-20
, fleeing a peace officer.
510
(3) The court also has jurisdiction over traffic and boating offenses that are part of a
511
single criminal episode filed in a petition that contains an offense over which the court has
512
jurisdiction.
513
(4) The juvenile court has jurisdiction over an ungovernable or runaway child who is
514
referred to it by the Division of Child and Family Services or by public or private agencies that
515
contract with the division to provide services to that child where, despite earnest and persistent
516
efforts by the division or agency, the child has demonstrated that the child:
517
(a) is beyond the control of the child's parent, guardian, lawful custodian, or school
518
authorities to the extent that the child's behavior or condition endangers the child's own welfare
519
or the welfare of others; or
520
(b) has run away from home.
521
(5) This section does not restrict the right of access to the juvenile court by private
522
agencies or other persons.
523
(6) The juvenile court has jurisdiction of all magistrate functions relative to cases
524
arising under Section
78-3a-602
.
525
(7) The juvenile court has jurisdiction to make a finding of substantiated,
526
unsubstantiated, [or] without merit, or false in accordance with Section
78-3a-320
.
}
2. Page
18a, Line 527 through Page 19, Line 570
Senate 2nd Reading Amendments
2-5-2008
:
{
527
Section S. [8] 9 .S .
Section
78-3a-320
is amended to read:
528
78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
529
(1) Upon the filing with the court of a petition under Section
78-3a-305
by the Division
530
of Child and Family Services or any interested person informing the court, among other things,
531
that the division has made a supported finding that a person committed a severe type of child
532
abuse or neglect as defined in Section
62A-4a-1002
, the court shall:
533
(a) make a finding of substantiated, unsubstantiated, or without merit;
534
(b) include the finding described in Subsection (1)(a) in a written order; and
535
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
536
(2) [The] A judicial finding under [Subsection] Subsections (1), (3), and (4) shall be
537
made:
538
(a) as part of the adjudication hearing;
539
(b) at the conclusion of the adjudication hearing; or
540
(c) as part of a court order entered pursuant to a written stipulation of the parties.
541
(3) (a) Any person described in Subsection
62A-4a-1010
(1) may at any time file with
542
the court a petition for removal of the person's name from the Licensing Information System.
543
(b) At the conclusion of the hearing on the petition, the court shall:
544
(i) make a finding of substantiated, unsubstantiated, or without merit;
545
(ii) include the finding described in Subsection (1)(a) in a written order; and
546
(iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
547
(4) (a) If the court makes a finding of without merit under Subsection (1) or (3)(b), the
548
court shall:
549
(i) make an additional finding regarding whether the report is false; and
550
(ii) include the finding described in Subsection (4)(a)(i) in the orders described in
551
Subsections (1)(b) and (3)(b)(ii).
552
(b) The finding described in Subsection (4)(a)(i) shall be made solely for the purpose
553
of determining, under Subsection
62A-4a-1003
(3), whether the report upon which the finding
554
is based, or any reference to the report, will be included in the Management Information
555
System.
556
[(4)] (5) A proceeding for adjudication of a supported finding under this section of a
557
type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be
558
joined in the juvenile court with an adjudication of a severe type of child abuse or neglect.
559
[(5)] (6) If a person whose name appears on the Licensing Information system prior to
560
May 6, 2002 files a petition during the time that an alleged perpetrator's application for
561
clearance to work with children or vulnerable adults is pending, the court shall hear the matter
562
and enter a final decision no later than 60 days after the filing of the petition.
563
[(6)] (7) For the purposes of licensing under Sections
26-21-9.5
,
26-39-105.5
,
564
62A-1-118
, and for the purposes described in Section
62A-2-121
:
565
(a) the court shall make available records of its findings under Subsections (1) and (2)
566
for licensing purposes, only to those with statutory authority to access also the Licensing
567
Information System created under Section
62A-4a-1006
; and
568
(b) any appellate court shall make available court records of appeals from juvenile
569
court decisions under Subsections (1)[, (2), (3), and (4)] through (5) for licensing purposes,
570
only to those with statutory authority to access also the Licensing Information System.
}
Renumber remaining sections accordingly.
Page 1 of 4
sb0017.sfa.02.wpd
LRGC
TomVaughn
TomVaughn