First Substitute H.B. 201

This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 7, 2014 at 10:20 AM by lpoole. -->

Senator Todd Weiler proposes the following substitute bill:

1 VISITATION AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaVar Christensen
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to supervised parent-time.
10 Highlighted Provisions:
11 This bill:
12 . defines supervised parent-time;
13 . describes the conditions under which a court can order supervised parent-time; and
14 . creates a process for selecting persons to supervise parent-time.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 30-3-32 , as last amended by Laws of Utah 2008, Chapters 3 and 146
22 ENACTS:
23 30-3-34.5 , Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 30-3-32 is amended to read:
27 30-3-32. Parent-time -- Intent -- Policy -- Definitions.
28 (1) It is the intent of the Legislature to promote parent-time at a level consistent with
29 all parties' interests.
30 (2) (a) A court shall consider as primary the fundamental liberty interests of parents
31 and children, which include the safety and well-being of the child and the parent who [is the
32 victim of] experiences domestic or family violence.
33 (b) Absent a showing by S. [ [ ] a preponderance of [ ] clear and convincing ] .S evidence
33a of real
34 harm or substantiated potential harm to the child:
35 (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
36 have frequent, meaningful, and continuing access to each parent following separation or
37 divorce;
38 (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
39 frequent, meaningful, and continuing access with his child consistent with the child's best
40 interests; and
41 (iii) it is in the best interests of the child to have both parents actively involved in
42 parenting the child.
43 (c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant
44 Abuse Act, shall be considered evidence of real harm or substantiated potential harm to the
45 child.
46 (3) For purposes of Sections 30-3-32 through 30-3-37 :
47 (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
48 (b) "Christmas school vacation" means the time period beginning on the evening the
49 child gets out of school for the Christmas or winter school break until the evening before the
50 child returns to school.
51 (c) "Extended parent-time" means a period of parent-time other than a weekend,
52 holiday as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as provided in
53 Subsections 30-3-33 (3) and (17), and "Christmas school vacation."
54 (d) "Supervised parent-time" means parent-time that requires the noncustodial parent to
55 be accompanied during parent-time by an individual approved by the court.
56 [(d)] (e) "Surrogate care" means care by any individual other than the parent of the

57 child.
58 [(e)] (f) "Uninterrupted time" means parent-time exercised by one parent without
59 interruption at any time by the presence of the other parent.
60 [(f)] (g) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
61 email, instant messaging, video conferencing, and other wired or wireless technologies over the
62 Internet or other communication media to supplement in-person visits between a noncustodial
63 parent and a child or between a child and the custodial parent when the child is staying with the
64 noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
65 parent-time.
66 (4) If a parent relocates because of an act of domestic violence or family violence by
67 the other parent, the court shall make specific findings and orders with regards to the
68 application of Section 30-3-37 .
69 Section 2. Section 30-3-34.5 is enacted to read:
70 30-3-34.5. Supervised parent-time.
71 (1) When necessary to protect a child and no less restrictive means is reasonably
72 available, a court may order supervised parent-time if the court finds evidence that the child
73 would be subject to physical, psychological, or emotional harm or child abuse, as described in
74 Section 76-5-109 , from the noncustodial parent if left unsupervised with the noncustodial
75 parent.
76 (2) A court that orders supervised parent-time shall give preference to persons
77 suggested by the parties to supervise S. , including relatives .S . If the court finds that the
77a persons suggested by the
78 parties are willing to supervise, and are capable of protecting the children from physical,
79 psychological or emotional harm, or child abuse, the court shall authorize the persons to
80 supervise parent-time.
81 (3) If the court is unable to authorize any persons to supervise parent-time pursuant to
82 Subsection (2), the court may require that the noncustodial parent seek the services of a
83 professional individual or agency to exercise their supervised parent-time.
84 (4) A noncustodial parent may petition the court to modify the order for supervised
85 parent-time if the noncustodial parent can demonstrate that he or she has remedied the
86 circumstances that justified the order for supervised parent-time.
86a S. (5) At the time supervised parent-time is awarded, the court shall consider:
86b (a) whether the cost of professional or agency services is likely to prevent the
86c noncustodial parent from exercising parent-time; and

86d (b) whether the requirement for supervised parent-time should expire after a set period
86e of time; or
86f (c) whether a follow-up hearing to determine whether supervised parent-time should
86g continue should be scheduled at the time supervision is imposed. .S