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MINUTES OF THE

HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE

25 House Building, Utah State Capitol Complex

February 21, 2014


Members Present:    Rep. Paul Ray, Chair
    Rep. LaVar Christensen, Vice Chair
    Rep. Stewart Barlow
    Rep. Rebecca Chavez-Houck
    Rep. Tim M. Cosgrove
    Rep. Brian M. Greene
    Rep. Michael S. Kennedy
    Rep. Ronda Rudd Menlove
    Rep. Edward H. Redd

Staff Present:    Mr. Joseph Wade, Policy Analyst
    Ms. Linda Black, House Secretary

Note:    A list of visitors and a copy of handouts are filed with the committee minutes

Chair Ray called the meeting to order at 8:10 a.m.

MOTION:    Rep. Menlove moved to approve the minutes of February 19, 2014. The motion passed unanimously with Rep. Cosgrove absent for the vote.

H.B. 318    Rights of Parents and Children Amendments (Rep. L. Christensen)

Rep. Christensen explained the bill to the committee.

MOTION:    Rep. Christensen moved to amend the bill as follows:


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                  


SUBSTITUTE MOTION    Rep. Menlove moved to further amend the bill as follows:


1.    Page 3, Lines 62 through 66 :    

             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,].
  (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 present in the courtroom and may not testify unless the court finds that:
(A) the child desires an opportunity to be present or to testify;
(B) the child's guardian ad litem approves of the child's presence or ability to testify;
(C) the child is sufficiently mature to articulate the child's wishes in relation to the jury trial; and
(D) 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 recording of a child's statement or testimony.
(b) The court shall instruct the jury to accept a noticed fact described in Subsection

(9)(a)(ii) as conclusive, 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


The substitute motion failed with Rep. Barlow, Rep. Christensen, Rep. Greene, Rep. Kennedy, and Chair Ray voting in opposition.

The original motion to amend passed with Rep. Chavez-Houck, Rep. Cosgrove, Rep. Menlove, and Rep. Redd voting in opposition.

Spoke in favor of the bill:    Sen. Howard Stephenson
                Ms. Jackie de Gaston
                Mr. Dan Deuell, National Parents Organization of Utah

Spoke against the bill:    Dr. Natalie Malovich
                Ms. Liz Knight, director, Office of the Guardian ad Litem

MOTION:    Rep. Greene moved to pass the bill out favorably as amended. The motion passed with Rep. Chavez-Houck, Rep. Cosgrove, Rep. Menlove, and Rep. Redd voting in opposition.

H.B. 346    Foster Children Amendments (Rep. Johnny Anderson)

Rep. J. Anderson explained the bill to the committee.

MOTION:    Rep. Cosgrove moved to amend the bill as follows:


1.    Page 1, Lines 10 through 19 :    

             10      Highlighted Provisions:
             11          This bill:
             12          .    defines terms;
             13          .    requires the
{   division   }        Division of Child and Family Services (the division)       to make efforts to normalize the life of a child in the division's

             14      custody and to empower a caregiver to approve or disapprove a child's participation
             15      in activities based on the caregiver's own assessment using a reasonable and prudent
             16      parent standard, without prior approval of the division;
             17          .    requires the division to verify that private agencies providing out-of-home


             18      placement
  under contract with the division       promote and protect the ability of a child to participate in age-appropriate

             19      activities; and

2.    Page 3, Lines 75 through 79 :    

             75      proposed activity.
             76          (c) The division shall verify that private agencies providing out-of-home placement
  under contract with the division       :

             77          (i) promote and protect the ability of a child to participate in age-appropriate activities;
             78      and
             79          (ii) implement policies consistent with this section.

3.    Page 3, Lines 84 through 87 :    

             84      statute.
             85          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             86      division shall adopt rules establishing the procedures for verifying that private agencies
  providing out-of-home placement under contract with the division       comply

             87      with and promote this part.

The motion passed unanimously with Rep. Christensen, Rep. Greene, and Rep. Kennedy absent for the vote.

Spoke in favor of the bill:    Ms. Jennifer LaBon, Administrator of Adolescent Services, Division of Child and Family Services
                Ms. Sandra Navarro, State Youth Council
                Ms. Breana Powers

MOTION:    Rep. Menlove moved to pass the bill out favorably. The motion passed unanimously with Rep. Christensen and Rep. Greene absent for the vote.

MOTION:    Rep. Barlow moved to place H.B. 346 on the Consent Calendar. The motion passed unanimously with Rep. Christensen and Rep. Greene absent for the vote.




S.B. 14    Long-term Care Partnership (Sen. T. Weiler)

Sen.Weiler explained the bill to the committee.

Spoke for the bill:    Mr. Danny Harris, American Association of Retired Persons

MOTION:    Rep. Redd moved to pass the bill out favorably. The motion passed unanimously with Rep. Christensen absent for the vote.

S.B. 138    Controlled Substances Act Amendments (Sen. E. Vickers)

Sen. Vickers explained the bill to the committee.

MOTION:    Rep. Barlow moved to pass the bill out favorably. The motion passed unanimously with Rep. Christensen, Rep. Menlove, and Rep. Redd absent for the vote.

MOTION:    Rep. Barlow moved to place S.B. 138 on the Consent Calendar. The motion passed unanimously with Rep. Christensen, Rep. Menlove and Rep. Redd absent for the vote.

S.B. 132    Human Services Amendments (Sen. W. Harper)

Sen. Harper explained the bill to the committee.

Spoke to the bill:    Ms. Liz Knight, director, Office of the Guardian ad Litem.

MOTION:    Rep. Cosgrove moved to pass the bill out favorably. The motion passed with Rep. Christensen, Rep. Menlove, and Rep. Redd absent for the vote.

S.B. 168    Charity Care Amendments (Sen. A. Christensen)

Sen. A. Christensen explained the bill to the committee.

MOTION:    Rep. Barlow moved to pass the bill out favorably. The motion passed unanimously with Rep. Christensen and Rep. Menlove absent for the vote.

MOTION:    Rep. Greene moved to adjourn the meeting. The motion passed unanimously with Rep. Christensen and Rep. Menlove absent for the vote.


Chair Ray adjourned the meeting at 9:55 a.m.








_____________________________________
Paul Ray, Chair