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Second Substitute H.B. 178
5 AN ACT RELATING TO THE JUDICIAL CODE, REGARDING ABUSE, NEGLECT, AND
6 DEPENDENCY PROCEEDINGS; MAKING PILOT PROJECT REGARDING FOSTER
7 CARE CITIZEN REVIEW BOARDS PERMANENT AND STATEWIDE;
8 REESTABLISHING THE RESPONSIBILITIES OF THOSE BOARDS AND OF THE
9 STEERING COMMITTEE; CLARIFYING THE USE OF FOSTER CARE CITIZEN REVIEW
10 BOARD REPORTS; GRANTING RULEMAKING AUTHORITY; AND PROVIDING AN
11 EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
14 63-55-278, as last amended by Chapters 24 and 355, Laws of Utah 1995
15 78-3a-312, as last amended by Chapter 318, Laws of Utah 1996
16 78-3a-313, as enacted by Chapter 260, Laws of Utah 1994
17 78-3a-314, as last amended by Chapters 1 and 318, Laws of Utah 1996
18 78-3a-512, as enacted by Chapter 1, Laws of Utah 1996
19 78-3g-101, as last amended by Chapter 318, Laws of Utah 1996
20 78-3g-102, as last amended by Chapter 355, Laws of Utah 1995
21 REPEALS AND REENACTS:
22 78-3g-103, as last amended by Chapter 355, Laws of Utah 1995
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63-55-278 is amended to read:
25 63-55-278. Repeal dates, Title 78.
26 (1) The Office of the Court Administrator, created in Section 78-3-23, is repealed July 1,
1 (2) Title 78, Chapter 56, Court Reporters and Stenographers, is repealed July 1, 1997.
2 (3) Foster care citizen review [
3 in [
4 July 1, [
5 (4) Alternative Dispute Resolution Act, created in Title 78, Chapter 31b, is repealed July
6 1, 1997.
7 Section 2. Section 78-3a-312 is amended to read:
8 78-3a-312. Dispositional review hearing -- Permanency plan.
9 (1) A dispositional review hearing shall be held by the court no later than 12 months after
10 the original removal of the child.
11 (2) (a) If reunification services were ordered by the court in accordance with Section
12 78-3a-311, the court shall order that the child be returned to the custody of his parent unless it
13 finds, by a preponderance of the evidence, that return of the child would create a substantial risk
14 of detriment to his physical or emotional well-being. The failure of a parent or guardian to
15 participate in, comply with, in whole or in part, or to meet the goals of a court approved treatment
16 plan constitutes prima facie evidence that return of the child to that parent would be detrimental.
17 (b) In making a determination under this section, the court shall review the report prepared
18 by the Division of Child and Family Services, a report prepared by the child's guardian ad litem,
19 any report prepared by a foster care citizen review board pursuant to Section 78-3g-103, any
20 evidence regarding the efforts or progress demonstrated by the parent, and the extent to which the
21 parent cooperated and availed himself of services provided.
22 (c) The court shall determine whether reasonable services have been offered or provided
23 to the parent or guardian.
24 (3) If a child is not returned to his parent or guardian at the dispositional review hearing,
25 the court shall:
26 (a) order the division to develop a permanent plan, and schedule a hearing within 120 days
27 after the dispositional review hearing to make a final determination regarding whether termination
28 of parental rights, adoption, guardianship, or long-term foster care is the most appropriate final
29 plan for the child;
30 (b) order termination of reunification services to the parent; and
31 (c) in its discretion, enter any other order that it determines to be in the best interest of the
2 Section 3. Section 78-3a-313 is amended to read:
3 78-3a-313. Periodic review hearings -- Foster care citizen review boards.
5 be held no less frequently than once every six months, either by the court or by a [
8 3g, pursuant to federal law. Foster care citizen review boards shall be considered to be the panels
9 described in 42 U.S.C. Sections 675(5) and (6), which are required to conduct periodic reviews
10 unless court reviews are conducted.
11 (2) (a) Within 30 days after completion of a review, a foster care citizen review board shall
12 submit a copy of its dispositional report to the court to be made a part of the court's legal file, and
13 provide copies to all parties to an action.
14 (b) In accordance with Section 78-3g-103, dispositional reports of foster care citizen
15 review boards shall be received and reviewed by the court in the same manner as the court receives
16 and reviews the reports described in Section 78-3a-514. Foster care citizen review board
17 dispositional reports may be received as evidence, and may be considered by the court along with
18 other evidence. The court may require any person who participated in the dispositional report to
19 appear as a witness if the person is reasonably available.
20 Section 4. Section 78-3a-314 is amended to read:
21 78-3a-314. All proceedings -- Persons entitled to be present.
22 (1) A minor who is the subject of a juvenile court hearing and any person entitled to notice
23 pursuant to Section 78-3a-306 or 78-3a-309, is entitled to notice and to be present at each hearing
24 held under this part, including administrative and citizen reviews.
25 (2) Because the minor's foster parents have the right to notice, pursuant to Section
26 78-3a-309, they have the right to be present at each and every hearing held under this part
27 including administrative and citizen reviews.
28 (3) A minor shall be represented at each hearing by the guardian ad litem appointed to his
29 case by the court. The minor has a right to be present at each hearing, subject to the discretion of
30 the guardian ad litem or the court regarding any possible detriment to the child.
31 (4) (a) The parent or guardian of a minor who is the subject of a petition under this part
1 has the right to be represented by counsel, and to present evidence, at each hearing.
2 (b) When it appears to the court that a parent or guardian of the minor desires counsel but
3 is financially unable to afford and cannot for that reason employ counsel, and the minor has been
4 placed in out-of-home care, or the petitioner is recommending that the minor be placed in
5 out-of-home care, the court shall appoint counsel.
6 (5) In every abuse, neglect, or dependency proceeding under this chapter, the court shall
7 order that the minor be represented by a guardian ad litem, in accordance with Section 78-3a-912.
8 The guardian ad litem shall represent the best interest of the child, in accordance with the
9 requirements of that section, at the shelter hearing and at all subsequent court and administrative
10 proceedings, including any proceeding for termination of parental rights in accordance with Part
11 4, Termination of Parental Rights Act.
12 (6) Notwithstanding any other provision of law, counsel for all parties shall be given
13 access to all records, maintained by the division or any other state or local public agency, that are
14 relevant to the abuse, neglect, or dependency proceeding under this chapter. If the natural parent
15 of a child is representing himself, he shall have access to those records.
16 (7) (a) The appropriate foster care citizen review board shall be given access to all records,
17 maintained by the division or any other state or local public agency, that are relevant to an abuse,
18 neglect, or dependency proceeding under this chapter.
19 (b) Representatives of the appropriate foster care citizen review board are entitled to be
20 present at each hearing held under this part, but notice is not required to be provided.
21 Section 5. Section 78-3a-512 is amended to read:
22 78-3a-512. Hearings -- Record -- County attorney or district attorney responsibilities
23 -- Attorney general responsibilities -- Admissibility of evidence.
24 (1) A verbatim record of the proceedings shall be taken by an official court reporter or by
25 means of a mechanical recording device in all cases that might result in deprivation of custody as
26 defined in this chapter. In all other cases a verbatim record shall also be made unless dispensed
27 with by the court.
28 (2) (a) Except as provided in Subsection (b), the county attorney or, if within a prosecution
29 district, the district attorney shall represent the state in any proceeding in a minor's case.
30 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, and Title
31 78, Chapter 3a, relating to protection or custody of an abused, neglected, or dependent child, and
1 petitions for termination of parental rights.
2 (3) The board may adopt special rules of procedure to govern proceedings involving
3 violations of traffic laws or ordinances, fish and game laws, and boating laws. However,
4 proceedings involving offenses under Section 78-3a-517 are governed by that section regarding
5 suspension of driving privileges.
6 (4) (a) For the [
8 material relating to the minor's mental, physical, and social history and condition may be received
9 in evidence and may be considered by the court along with other evidence. The court may require
10 that the person who wrote the report or prepared the material appear as a witness if the person is
11 reasonably available.
12 (b) For the purpose of determining proper disposition of the minor, dispositional reports
13 prepared by Foster Care Citizen Review Boards pursuant to Section 78-3g-103 may be received
14 in evidence and may be considered by the court along with other evidence. The court may require
15 any person who participated in preparing the dispositional report to appear as a witness, if the
16 person is reasonably available.
17 (5) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
18 may, in its discretion, consider evidence of statements made by a minor under eight years of age
19 to a person in a trust relationship.
20 Section 6. Section 78-3g-101 is amended to read:
21 78-3g-101. Definitions.
22 As used in this chapter:
24 accordance with Section 78-3g-103.
26 Steering Committee created in [
28 Department of Human Services.
29 (4) "Plan" [
30 Section 7. Section 78-3g-102 is amended to read:
31 78-3g-102. Foster Care Citizen Review Board Steering Committee -- Membership
1 -- Chair -- Equipment and staff.
2 (1) There is created within state government the Foster Care Citizen Review [
7 Human Services, appointed by the chair of that board;
12 of that organization;
14 the chair of the committee;
16 who [
17 the chair of the committee;
19 appointed pursuant to Section 78-3a-911, or the director's designee;
20 (i) the director or chief of the child protection unit within the Office of the Attorney
21 General, or his designee;
22 (j) one person from each region who is a member of a [
23 appointed by the chair of the committee; and
24 (k) a private citizen, appointed by the chair of the committee.
25 (2) The persons described in Subsection (1) shall annually elect a chair of the committee
26 from among themselves.
27 (3) [
28 The action of the majority of a quorum represents the action of the committee.
29 (4) (a) Members of the committee who are not government employees shall receive no
30 compensation or benefits for their services, but may receive per diem and expenses incurred in the
31 performance of the member's official duties at the rates established by the Division of Finance
1 under Sections 63A-3-106 and 63A-3-107.
2 (b) State government officer and employee members who do not receive salary, per diem,
3 or expenses from their agency for their service may receive per diem and expenses incurred in the
4 performance of their official duties from the board at the rates established by the Division of
5 Finance under Sections 63A-3-106 and 63A-3-107.
6 (c) Local government members who do not receive salary, per diem, or expenses from the
7 entity that they represent for their service may receive per diem and expenses incurred in the
8 performance of their official duties at the rates established by the Division of Finance under
9 Sections 63A-3-106 and 63A-3-107.
10 (d) Members of the committee may decline to receive per diem and expenses for their
13 (a) appoint members of [
15 (b) supervise the recruitment, training, and retention of [
21 Legislative Human Services and Judiciary Interim Committees and the Board of Juvenile Court
22 Judges, on or before December 31[
26 (b) Within appropriations from the Legislature, the committee may hire professional and
27 clerical staff as it considers necessary and appropriate.
31 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1 committee may make rules necessary for:
2 (a) recruitment, appointment, and training of board members;
3 (b) supervision and evaluation of boards; and
4 (c) establishment of policy for boards.
5 (8) The committee may receive gifts, grants, devises, and donations. If the donor
6 designates a specific purpose or use for the gift, grant, devise, or donation, it shall be used solely
7 used for that purpose. Undesignated gifts, grants, devises, and donations shall be used for foster
8 care citizen review boards in accordance with the requirements and provisions of this chapter.
9 Section 8. Section 78-3g-103 is repealed and reenacted to read:
10 78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
11 Periodic Reviews.
12 (1) Foster care citizen review boards shall be established in each juvenile court district in
13 the state, to act as the panels described in 42 U.S.C. Sections 675(5) and (6), which are required
14 to conduct periodic reviews unless court reviews are conducted.
15 (2) (a) The committee shall appoint seven members to each board. Five of those members
16 shall be parents.
17 (b) Five members of a board constitute a quorum, and an action of a majority of the
18 quorum constitutes the action of the board.
19 (c) A board member may not be an employee of the division or the juvenile court.
20 (d) Board members shall be representative of the ethnic, cultural, religious,
21 socio-economic, and professional diversity found in the community.
22 (e) A board may elect its own chair, vice chair, and other officers as it considers
24 (f) The division may designate a representative to provide technical advice to the board
25 regarding division policy and procedure.
26 (3) With regard to each child in its custody, the division shall provide the appropriate
27 boards with access to all records maintained by the division.
28 (4) (a) With regard to each child in the division's custody, periodic reviews either by the
29 court or by a foster care citizen review board, shall be conducted no less frequently than once
30 every six months, in accordance with Section 78-3a-313 and 42 U.S.C. Sections 675(5) and (6).
31 In cases where the court has conducted a six month review hearing, a foster care citizen review
1 board shall also conduct a review within 12 months from the date of the child's removal from his
3 (b) Periodic reviews conducted by foster care citizen review boards shall be open to the
4 participation of the child's parents, in accordance with 42 U.S.C. Section 675(6).
5 (c) Boards may review additional abuse, neglect, or dependency cases or plans at the
6 request of the court.
7 (5) Each board shall prepare a dispositional report regarding the child's case and plan. The
8 periodic review and the dispositional report shall be consistent with the provisions of Title 62A,
9 Chapter 4a, Family Services, and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
10 Proceedings, and shall include at least the following considerations:
11 (a) the extent to which the plan's objectives have been implemented or accomplished by
12 the parent, the child, and the division;
13 (b) whether revisions to the plan are needed, and if so, how the plan should be revised;
14 (c) the extent to which the division has provided the services and interventions described
15 in the plan, and whether those services and interventions are assisting, or will assist, the parent and
16 child to achieve the plan's objectives within the statutory time limitations;
17 (d) the extent to which the parent and child have willingly and actively participated in the
18 interventions described in the plan;
19 (e) the continuing necessity for and appropriateness of the child's placement;
20 (f) the extent of progress that has been made toward alleviating or mitigating the causes
21 necessitating the child's removal or continued placement;
22 (g) a recommended permanency plan for the child and, if one has been established, an
23 opinion regarding the appropriateness of that permanency plan; and
24 (h) a determination regarding whether the statutory time limitations described in Title 78,
25 Chapter 3a, Part 3, have been met, specifically, whether the 12 month limitation on reunification
26 services required by Section 78-3a-311 has been complied with. The board shall also render an
27 opinion regarding when it estimates that the child will achieve permanency.
28 (6) (a) Each board shall submit its dispositional report to the court, the division, and to all
29 parties to an action within 30 days after a case is reviewed by the board.
30 (b) The board's dispositional report shall be filed with the court, and shall be made a part
31 of the court's legal file. The dispositional report shall be received and reviewed by the court in the
1 same manner as the court receives and reviews the reports described in Section 78-3a-514. Foster
2 care citizen review board dispositional reports may be received as evidence, and may be
3 considered by the court along with other evidence. The court may require any person who
4 participated in the dispositional report to appear as a witness if the person is reasonably available.
5 (7) Members of boards may not receive financial compensation or benefits for their
6 services. Members may not receive per diem or expenses for their service, except that:
7 (a) members may be reimbursed for mileage on days that they are involved in training, at
8 rates established by the Division of Finance; and
9 (b) members may be provided with a meal on days that they serve on a board.
10 (8) Boards are authorized to receive funds from public and private grants and donations
11 in accordance with the requirements described in Subsection 78-3g-102(8).
12 Section 9. Effective date.
13 If approved by two-thirds of all the members elected to each house, this act takes effect on
14 April 1, 1997.
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