(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