House of Representatives State of Utah




         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL

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Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029

        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:

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,].

  (9) (a) Unless the court finds that due process requires otherwise, in a jury trial pursuant to this section:

(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,

    Paul Ray
    Committee Chair

Voting: 5-4-0
3 hb0318.hc1.wpd 2/21/14 10:10 am jwade/MDA LAK/MDA


Bill Number
Action Class
Action Code

*HB0318*
*H*
*HCRAMD*

HB0318
H
HCRAMD