H.B. 318

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 21, 2014 at 11:49 AM by jeyring. --> 1

RIGHTS OF PARENTS AND CHILDREN AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaVar Christensen
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 78A, Chapter 6, Juvenile Court Act, by permitting a parent who
10 has been served with a petition for termination of parental rights to request a jury trial.
11 Highlighted Provisions:
12 This bill:
13 . states that a parent who has been served with a petition for termination of parental
14 rights maintains fundamental liberty interests guaranteed by the United States
15 Constitution;
16 . permits a parent to request a jury trial in a proceeding for termination of parental
17 rights;
18 . requires the court to grant a parent's request for a jury trial in a proceeding for
19 termination of parental rights; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 78A-6-506 , as renumbered and amended by Laws of Utah 2008, Chapter 3

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 78A-6-506 is amended to read:
31 78A-6-506. Notice -- Nature of proceedings.
32 (1) After a petition for termination of parental rights has been filed, notice of that fact
33 and of the time and place of the hearing shall be provided, in accordance with the Utah Rules
34 of Civil Procedure, to the parents, the guardian, the person or agency having legal custody of
35 the child, and to any person acting in loco parentis to the child.
36 (2) A hearing shall be held specifically on the question of termination of parental rights
37 no sooner than [10] 30 days after the day on which service of summons is complete.
38 (3) A verbatim record of the proceedings shall be taken and the parties shall be advised
39 of their right to counsel and trial by jury.
40 (4) (a) The summons shall contain a statement to the effect that the rights of the parent
41 [or parents] are proposed to be permanently terminated in the proceedings[. That statement]
42 and that the parent has a right to request a jury trial.
43 (b) The statement described in Subsection (4)(a) may be contained in the summons
44 originally issued in the proceeding or in a separate summons subsequently issued.
45 [(3)] (5) The proceedings are civil in nature and are governed by the Utah Rules of
46 Civil Procedure.
47 (6) A parent who has been served with a petition for termination of parental rights:
48 (a) continues to possess protected, fundamental rights and liberty interests recognized
49 by the United States Constitution and as stated and described in this part;
50 (b) is entitled to the required heightened protection and least restrictive means analysis
51 described in Section 78A-6-503 ;
52 (c) has a right to, and may request, a final determination by jury trial regarding the
53 parent's fitness and whether the parent-child relationship should be terminated; and
54 (d) shall request the jury trial described in Subsection (6)(c) no later than 45 days after
55 the day on which the parent receives the notice described in Subsection (1).
56 (7) If a parent requests a jury trial, the parent shall pay the same filing fee set by the
57 court for a civil case with a demand for jury trial.
58 (8) The court [shall in all cases]:

59 (a) shall grant a request for a jury trial and set a pretrial conference;
60 (b) may transfer the case to district court for trial by jury;
61 (c) shall require the petitioner to establish the facts by clear and convincing evidence[,
62 and shall give]; and
63 (d) shall give, or instruct the jury to give, full and careful consideration to all of the
64 evidence presented with regard to the constitutional rights and claims of the parent [and, if a
65 parent is found,].
65a H. (9) (a) Unless the court finds that due process requires otherwise, in a jury trial
65b pursuant to this section:
65c (i) a child may not be required or compelled to attend or testify unless the court
65d finds that:
65e (A) the child desires an opportunity to be present or to testify and communicates the
65f child's desire to the guardian ad litem;
65g (B) the child is sufficiently mature to articulate the child's wishes in relation to the
65h jury trial; and
65i (C) it would not be detrimental to the child or impractical to have the child be present
65j or to testify; and
65k (ii) the court shall take judicial notice of any adjudicated facts from an earlier hearing,
65l including any testimony from the child or any admissible recording of a child's statement or
65m testimony.
65n (b) The court shall instruct the jury as to the noticed fact described in Subsection
65o (9)(a)(ii) in accordance with Rule 201 of the Utah Rule of Evidence.
66 [ (9) ] (10) .H If the jury, or the court in cases where the parent does not request a jury
66a trial, finds
67 a parent, by reason of [his] the parent's conduct or condition, to be unfit or incompetent based
68 upon [any of] the grounds for termination described in this part, [the] and subject to the
69 principles and recognized rights described in Section 78A-6-503 , the jury or court shall then
70 consider the welfare and best interest of the child of paramount importance in determining
71 whether termination of parental rights shall be ordered.




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as of 2-4-14 11:54 AM

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