House of Representatives
State of Utah
February 21, 2014
CORRECTED on 2/28/2014
Madam Speaker:
The Health and Human Services Committee reports a favorable recommendation on H.B. 318,
RIGHTS OF PARENTS AND CHILDREN AMENDMENTS, by Representative L. Christensen, with the
following amendments:
Paul Ray
Voting: 5-4-0
1. Page
3, Lines 63 through 66
:
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,].
(i) a child may not be required or compelled to attend or testify unless the court
finds that:
(A) the child desires an opportunity to be present or to testify and communicates
the child's desire to the guardian ad litem;
(B) the child is sufficiently mature to articulate the child's wishes in relation to the
jury trial; and
(C) it would not be detrimental to the child or impractical to have the child be
present or to testify; and
(ii) the court shall take judicial notice of any adjudicated facts from an earlier
hearing, including any testimony from the child or any admissible recording of a
child's statement or testimony.
(b) The court shall instruct the jury as to the noticed fact described in Subsection
(9)(a)(ii) in accordance with Rule 201 of the Utah Rule of Evidence.
66
(9)
}
(10)
If the jury, or the court in cases where the parent does not
request a jury trial, finds
Respectfully,
Committee Chair
3 hb0318.hc1.wpd 2/21/14 10:10 am jwade/MDA LAK/MDA
Bill Number
*HB0318*
HB0318