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Second Substitute H.B. 307
5 AN ACT RELATING TO CHILD ABUSE, NEGLECT, AND DEPENDENCY PROCEEDINGS;
6 CLARIFYING PROVISIONS OF THE CHILD WELFARE REFORM ACT; REQUIRING
7 THAT PROGRAMS BE DEVELOPED FOR MINORS WHO ARE COMMITTED TO THE
8 DIVISION OF CHILD AND FAMILY SERVICES ON GROUNDS OTHER THAN ABUSE
9 OR NEGLECT; CLARIFYING RESPONSIBILITIES OF THE CHILD WELFARE
10 LEGISLATIVE OVERSIGHT PANEL; ELIMINATING THE REQUIREMENT FOR FBI
11 CRIMINAL BACKGROUND CHECKS; LIMITING WHEN THE DISTRICT COURT MAY
12 CERTIFY QUESTIONS TO THE JUVENILE COURT; CLARIFYING THE RIGHTS AND
13 ABILITIES OF SPECIFIED PARENTS TO SUBSEQUENTLY INTERVENE IN A CHILD'S
14 CURRENT PLACEMENT; EXPANDING AND EXTENDING THE EARLY
15 INTERVENTION FOR JUVENILES PILOT PROGRAM; PROVIDING AN EFFECTIVE
16 DATE; AND PROVIDING A COORDINATION CLAUSE.
17 This act affects sections of Utah Code Annotated 1953 as follows:
19 30-3-38, as enacted by Chapter 255, Laws of Utah 1996
20 53A-11-105, as last amended by Chapter 318, Laws of Utah 1996
21 62A-4a-102, as last amended by Chapters 243 and 318, Laws of Utah 1996
22 62A-4a-105 (Effective 07/01/97), as last amended by Chapters 240 and 314, Laws of Utah
24 62A-4a-113, as renumbered and amended by Chapter 260, Laws of Utah 1994
25 62A-4a-201, as enacted by Chapter 260, Laws of Utah 1994
26 62A-4a-202.1, as last amended by Chapter 318, Laws of Utah 1996
27 62A-4a-202.3, as last amended by Chapter 318, Laws of Utah 1996
1 62A-4a-202.4, as last amended by Chapter 318, Laws of Utah 1996
2 62A-4a-203, as enacted by Chapter 260, Laws of Utah 1994
3 62A-4a-205.5, as enacted by Chapters 314 and 318, Laws of Utah 1996
4 62A-4a-205.6, as enacted by Chapter 314, Laws of Utah 1996
5 62A-4a-207, as last amended by Chapter 318, Laws of Utah 1996
6 62A-4a-413, as last amended by Chapter 109, Laws of Utah 1995
7 62A-4a-607, as enacted by Chapter 314, Laws of Utah 1996
8 62A-12-282.1, as enacted by Chapter 234, Laws of Utah 1996
9 63-92-3, as enacted by Chapter 165, Laws of Utah 1996
10 78-3a-102, as enacted by Chapter 1, Laws of Utah 1996
11 78-3a-103, as enacted by Chapter 1 and last amended by Chapter 318, Laws of Utah 1996
12 78-3a-104, as enacted by Chapter 1 and last amended by Chapters 234 and 318, Laws of Utah
14 78-3a-105, as enacted by Chapter 1, Laws of Utah 1996
15 78-3a-106, as enacted by Chapter 1, Laws of Utah 1996
16 78-3a-301, as last amended by Chapter 318, Laws of Utah 1996
17 78-3a-306, as last amended by Chapters 1 and 318, Laws of Utah 1996
18 78-3a-307, as last amended by Chapter 318, Laws of Utah 1996
19 78-3a-307.1, as enacted by Chapter 318, Laws of Utah 1996
20 78-3a-308, as last amended by Chapter 302, Laws of Utah 1995
21 78-3a-310, as last amended by Chapter 302, Laws of Utah 1995
22 78-3a-311, as last amended by Chapters 1, 314 and 318, Laws of Utah 1996
23 78-3a-312, as last amended by Chapter 318, Laws of Utah 1996
24 78-3a-313, as enacted by Chapter 260, Laws of Utah 1994
25 78-3a-404, as renumbered and amended by Chapter 260, Laws of Utah 1994
26 78-3a-408, as last amended by Chapter 318, Laws of Utah 1996
27 78-3a-409, as renumbered and amended by Chapter 260, Laws of Utah 1994
28 78-3a-504, as enacted by Chapter 1, Laws of Utah 1996
29 78-3a-512, as enacted by Chapter 1, Laws of Utah 1996
30 78-3a-516, as enacted by Chapter 1 and last amended by Chapters 188, 234 and 318, Laws of
31 Utah 1996
1 78-3a-518, as enacted by Chapter 1 and last amended by Chapter 318, Laws of Utah 1996
3 62A-4a-250, Utah Code Annotated 1953
4 78-3a-316.1, Utah Code Annotated 1953
5 78-3a-350, Utah Code Annotated 1953
7 62A-4a-204, as enacted by Chapter 260, Laws of Utah 1994
8 78-3a-317, as enacted by Chapter 1, Laws of Utah 1996
9 This act affects uncodified material as follows:
11 Uncodified Section 60, Chapter 318, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 30-3-38 is amended to read:
14 30-3-38. Pilot Program for Expedited Visitation Enforcement.
15 (1) There is established an Expedited Visitation Enforcement Pilot Program in the third
16 judicial district to be administered by the Administrative Office of the Courts from July 1, 1996,
17 to July 1, 1997.
18 (2) This pilot program is to resolve visitation problems on an expedited basis by enabling
19 a parent who alleges that his court-ordered visitation rights have been violated to file a request for
20 enforcement of the order, have a conference scheduled with the other parent and a private mediator
21 to address visitation issues within 15 days of filing the request, and have the private mediator
22 assess the situation, facilitate an agreement on visitation between the parties, and make an
23 appropriate recommendation to the court on a timely basis. Within 15 days, an agreement on
24 visitation shall become a temporary order under the signature of the court.
25 (3) The Judicial Council shall make rules to implement and administer this pilot program.
26 (4) The parties to a proceeding initiated in the third district court to enforce the terms of
27 a visitation order shall participate in this pilot program, unless one of the parties:
28 (a) makes an allegation of child sexual abuse implicating the other party, in which case,
29 the mediator shall refer the matter to the court and report the allegation to the Division of Child
30 and Family Services consistent with Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
31 Reporting Requirements; or
1 (b) is unwilling to participate in the program, in which case, the matter shall be referred
2 to the court.
3 (5) The Administrative Office of the Courts shall adopt a program to evaluate the
4 effectiveness of this pilot program. Progress reports shall be provided to the Judiciary Interim
5 Committee in August 1996 and as requested thereafter by the committee. At least once during this
6 pilot program, the Administrative Office of the Courts shall present to the committee the results
7 of a survey that measures the effectiveness of the program in terms of increased compliance with
8 visitation orders and the responses of interested persons.
9 (6) (a) The Department of Human Services shall apply for federal funds designated for
10 visitation, if such funds are available. The department shall contract any federal funds received
11 under this application to the Administrative Office of the Courts for the administration of this pilot
13 (b) This pilot program shall be funded through funds received under Subsection (a), the
14 Children's Legal Defense Account as established in Section 63-63a-8, or other available funding.
15 Without funding, the pilot program may not proceed.
16 Section 2. Section 53A-11-105 is amended to read:
17 53A-11-105. Taking custody of person believed to be truant child -- Disposition --
18 Receiving centers -- Reports -- Immunity from liability.
19 (1) A peace officer, truant officer, or public school administrator may take a person into
20 temporary custody if there is reason to believe the person is a child subject to the state's
21 compulsory education law and that the child is absent from school without a legitimate or valid
23 (2) An individual taking a child into custody under Subsection (1) shall, without
24 unnecessary delay, release the child to:
25 (a) the principal of the child's school;
26 (b) a person who has been designated by the local school board to receive the child and
27 return him to school; or
28 (c) a receiving center established under Subsection (5).
29 (3) If the child refuses to return to school or go to the receiving center, the officer or
30 administrator shall, without unnecessary delay, notify the child's parents, guardian, or custodian
31 and release the child to their custody.
1 (4) If the parents, guardian, or custodian cannot be reached or are unable or unwilling to
2 accept custody, the child shall be referred to the Division of Child and Family Services.
3 (5) (a) A local school board, singly or jointly with another school board, may establish or
4 designate receiving centers within existing school buildings and staff the centers with existing
5 teachers or staff to provide educational guidance and counseling for truant children. Upon receipt
6 of a truant child, the center shall, without unnecessary delay, notify and direct the child's parents,
7 guardian, or custodian to come to the center, pick up the child, and return the child to school.
8 (b) If the parents, guardian, or custodian cannot be reached or are unable or unwilling to
9 comply with the request within a reasonable time, the center shall take such steps as are reasonably
10 necessary to insure the safety and well being of the child, including, when appropriate, returning
11 the child to school or referring the child to the Division of Child and Family Services. A child
12 taken into custody under this section may not be placed in a detention center or other secure
13 confinement facility.
14 (6) Action taken under this section shall be reported to the appropriate school district. The
15 district shall promptly notify the child's parents or legal guardian of the action taken.
16 (7) The Utah Governmental Immunity Act applies to all actions taken under this section.
17 (8) Nothing in this section may be construed to grant authority to a public school
18 administrator or truant officer to place a child in the custody of the Division of Child and Family
19 Services, without complying with the provisions of Title 62A, Chapter 4a, Parts 2 and 2A, and of
20 Title 78, Chapter 3a, Parts 3 and 3A.
21 Section 3. Section 62A-4a-102 is amended to read:
22 62A-4a-102. Board of Child and Family Services.
23 (1) (a) The Board of Child and Family Services, created in accordance with this section
24 and with Sections 62A-1-105 and 62A-1-107, is responsible for establishing the policy of the
25 division in accordance with the requirements of this chapter and Title 78, Chapter 3a, regarding
26 abuse, neglect, and dependency proceedings, youth services, and domestic violence services. The
27 board is responsible to see that the legislative purposes for the division are carried out.
28 (b) (i) Effective July 1, 1994, the governor shall appoint, with the advice and consent of
29 the Senate, 11 members to the Board of Child and Family Services.
30 (ii) Except as required by Subsection (iii), as terms of current board members expire, the
31 governor shall appoint each new member or reappointed member to a four-year term.
1 (iii) Notwithstanding the requirements of Subsection (ii), the governor shall, at the time
2 of appointment or reappointment, adjust the length of terms to ensure that the terms of board
3 members are staggered so that approximately half of the board is appointed every two years.
4 (c) Two members of the board shall be persons who are or have been consumers, two
5 members of the board shall be persons who are actively involved in childrens' issues specifically
6 related to abuse and neglect, one member shall be a licensed foster parent, one member shall be
7 a recognized expert in the social, developmental, and mental health needs of children, one member
8 shall be a physician licensed to practice medicine in this state who is also a board certified
9 pediatrician and who is an expert in child abuse and neglect, and one member shall be an adult
10 relative of a child who is or has been in the foster care system.
11 (d) Six members of the board are necessary to constitute a quorum at any meeting.
12 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
13 appointed for the unexpired term.
14 (2) (a) Members shall receive no compensation or benefits for their services, but may
15 receive per diem and expenses incurred in the performance of the member's official duties at the
16 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
17 (b) Members may decline to receive per diem and expenses for their service.
18 (3) The board shall:
19 (a) approve fee schedules for programs within the division;
20 (b) establish, by rule, procedures for developing its policies to ensure that private citizens,
21 consumers, foster parents, private contract providers, allied state and local agencies, and others are
22 provided with an opportunity to comment and provide input regarding any new policy or proposed
23 revision of an existing policy; and
24 (c) provide a mechanism for systematic and regular review of existing policy and for
25 consideration of policy changes proposed by the persons and agencies described in Subsection (b).
26 (4) (a) The board shall establish a three-member Consumer Hearing Panel to act
27 independently of the board and the division, and to be the sole and final decision-making body to
28 hear, resolve, and make recommendations regarding consumer complaints relating to the division.
29 The board may appoint two alternates to serve on the Consumer Hearing Panel in the event that
30 one or more of the members is unable to serve at any given time. This section does not restrict or
31 limit access to the courts for any person, or override Title 62A, Chapter 2, Licensure of Programs
1 and Facilities, or Title 67, Chapter 19, Utah State Personnel Management Act.
2 (b) The Consumer Hearing Panel may not include any employees of the division.
3 (c) The Consumer Hearing Panel shall report its recommendations to the board, the
4 division, and the Legislative Oversight Panel described in Section 62A-4a-207. The division shall
5 comply with the recommendations of the Consumer Hearing Panel.
6 (d) The department shall provide staff to the Consumer Hearing Panel.
7 (e) (i) Members of the panel shall receive a per diem allowance for each day or portion of
8 a day spent in performing the duties of the panel, and shall be reimbursed for all necessary travel
10 (ii) The per diem reimbursement described in Subsection (e)(i) may not exceed 75 days
11 for any one individual panel member in any fiscal year.
12 (5) The board may create state advisory committees to advise it concerning programs
13 offered by the Division of Child and Family Services. The board shall provide each committee
14 with a specific charge in writing.
15 (6) The board shall establish policies for the determination of eligibility for services
16 offered by the division in accordance with this chapter. The division may, by rule, establish
17 eligibility standards for consumers.
18 Section 4. Section 62A-4a-105 (Effective 07/01/97) is amended to read:
19 62A-4a-105 (Effective 07/01/97). Division responsibilities.
20 The division shall:
21 (1) administer services to children and families, including child welfare services, youth
22 services, domestic violence services, and all other responsibilities that the Legislature or the
23 executive director may assign to the division;
24 (2) establish standards for all contract providers of out-of-home care for children and
26 (3) cooperate with the federal government in the administration of child welfare, youth
27 services, and domestic violence programs and other human service activities assigned by the
29 (4) provide for the compilation of relevant information, statistics, and reports on child and
30 family service matters in the state;
31 (5) prepare and submit to the department, the governor, and the Legislature reports of the
1 operation and administration of the division in accordance with the requirements of Sections
2 62A-4a-117 and 62A-4a-118;
3 (6) promote and enforce state and federal laws enacted for the protection of abused,
4 neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
5 accordance with the requirements of this chapter, unless administration is expressly vested in
6 another division or department of the state. In carrying out the provisions of this subsection, the
7 division shall cooperate with the juvenile courts, the Division of Youth Corrections, and with all
8 public and private licensed child welfare agencies and institutions to develop and administer a
9 broad range of services and supports. The division shall take the initiative in all matters involving
10 the protection of abused or neglected children if adequate provisions have not been made or are
11 not likely to be made, and shall make expenditures necessary for the care and protection of those
12 children, within the division's budget;
13 (7) provide substitute care for dependent, abused, neglected, and delinquent children,
14 establish standards for substitute care facilities, and approve those facilities;
15 (8) provide financial support to persons adopting physically handicapped, mentally
16 handicapped, older, or other hard-to-place children who, immediately prior to adoption, were legal
17 wards of the state. The financial support provided under this subsection may not exceed the
18 amounts the division would provide for the child as a legal ward of the state;
19 (9) cooperate with the Division of Employment Development in the Department of
20 Workforce Services in meeting social and economic needs of individuals eligible for public
22 (10) conduct court-ordered home evaluations for the district and juvenile courts with
23 regard to child custody issues. The court shall order either the plaintiff, defendant, or both parties
24 to reimburse the division for the cost of that evaluation, in accordance with the community rate
25 for that service or with the department's fee schedule rate;
26 (11) provide noncustodial and in-home preventive services, designed to prevent family
27 breakup, family preservation services, and reunification services to families whose children are
28 in substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a,
29 Juvenile Courts;
30 (12) provide protective supervision of a family, upon court order, in an effort to eliminate
31 abuse or neglect of a child in that family;
1 (13) establish programs pursuant to Section 62A-4a-250, and provide services to runaway
2 and ungovernable children and their families;
3 (14) provide shelter care in accordance with the requirements of this chapter and Title 78,
4 Chapter 3a;
5 (15) provide social studies and reports for the juvenile court in accordance with Section
7 (16) arrange for and provide training for staff and providers involved in the administration
8 and delivery of services offered by the division in accordance with this chapter;
9 (17) provide domestic violence services in accordance with the requirements of federal
10 law, and establish standards for all direct or contract providers of domestic violence services.
11 Within appropriations from the Legislature, the division shall provide or contract for a variety of
12 domestic violence services and treatment methods;
13 (18) ensure regular, periodic publication regarding the number of children in the custody
14 of the division who have a permanency goal of adoption [
15 for whom a final plan of termination of parental rights has been approved, pursuant to Section
16 78-3a-312, and promote adoption of those children; and
17 (19) perform such other duties and functions as required by law.
18 Section 5. Section 62A-4a-113 is amended to read:
19 62A-4a-113. Division's enforcement authority -- Responsibility of attorney general
20 to represent division in abuse, neglect, and dependency proceedings.
21 (1) The division shall take legal action that is necessary to enforce the provisions of this
23 (2) The attorney general shall enforce all provisions of this chapter, in addition to the
24 requirements of Title 78, Chapter 3a, relating to protection and custody of abused, neglected, or
25 dependent children. The attorney general may contract with the local county attorney to enforce
26 the provisions of this chapter and Title 78, Chapter 3a.
27 (3) It is the responsibility of the attorney general's office to:
28 (a) advise the division regarding decisions to remove a child from his home;
29 (b) represent the division in all court and administrative proceedings related to child abuse,
30 neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,
31 dispositional review hearings, periodic review hearings, and petitions for termination of parental
1 rights; and
2 (c) be available to and advise caseworkers on an ongoing basis.
3 (4) The attorney general shall designate no less than 16 full-time attorneys to advise and
4 represent the division in abuse, neglect, and dependency proceedings, including petitions for
5 termination of parental rights. Those attorneys [
7 practicable, shall be housed in or near various offices of the division statewide.
8 Section 6. Section 62A-4a-201 is amended to read:
9 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
11 (1) [
12 and welfare of a child to be raised under the care and supervision of his natural parents. A child's
13 need for a normal family life in a permanent home, and for positive, nurturing family relationships
14 will usually best be met by his natural parents. Additionally, the integrity of the family unit, and
15 the right of parents to conceive and raise their children have found protection in the due process
16 clause of the Fourteenth Amendment to the United States Constitution. [
18 parent to raise his child has long been protected by the laws and Constitution of this state and of
19 the United States.
20 (2) As a counterweight to parental rights, the state, as parens patriae, has an interest in and
21 responsibility to protect children whose parents abuse them or do not adequately provide for their
22 welfare. There are circumstances where a parent's conduct or condition is a substantial departure
23 from the norm and the parent is unable or unwilling to render safe and proper parental care and
24 protection. Under those circumstances, the welfare of children is the consideration of paramount
26 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
27 it shall take into account the child's need for protection from immediate harm [
29 division shall attempt to utilize the least intrusive means available to protect a child, in an effort
30 to ensure that children are brought up in stable, permanent families, rather than in temporary foster
31 placements under the supervision of the state.
1 (4) When circumstances within the family pose a threat to the child's safety or welfare,
3 rights of [
4 place him in a safe environment, in accordance with the requirements of Title 78, Chapter 3a, Part
5 3, Abuse, Neglect, and Dependency Proceedings.
6 (5) In cases where obvious sexual abuse or abandonment, or serious physical abuse or
7 neglect are involved, the state has no duty to maintain a child in his home, provide reunification
8 services, or to attempt to rehabilitate the offending parent or parents. This subsection does not
9 exempt the division from providing court ordered services.
11 children who are abused, neglected, or dependent. If, because of his conduct or condition, a parent
12 is determined to be unfit or incompetent based on the grounds for termination of parental rights
13 described in Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act, the welfare and best
14 interest of the child is then of paramount importance, and shall govern in determining whether that
15 parent's rights should be terminated.
16 Section 7. Section 62A-4a-202.1 is amended to read:
17 62A-4a-202.1. Taking a child into protective custody -- Peace officer -- Division of
18 Child and Family Services caseworker.
19 (1) Any peace officer may, without a warrant, take a minor into protective custody when
20 the officer has substantial cause to believe that any of the factors described in Section 78-3a-301
22 (2) (a) A child welfare worker within the Division of Child and Family Services may take
23 and maintain protective custody of a minor, without a warrant, in accordance with the requirements
24 of [
25 without a peace officer, when a peace officer is not reasonably available.
26 (b) [
27 into protective custody, the worker shall also determine whether there are services reasonably
28 available to the worker which, if provided to the minor's parent or to the minor, would eliminate
29 the need to remove the minor from the custody of his parent in accordance with the provisions and
30 limitations of Section 78-3a-301. If those services are reasonably available, they shall be utilized.
31 Section 8. Section 62A-4a-202.3 is amended to read:
1 62A-4a-202.3. Investigation -- Substantiation of reports -- Child in protective
3 (1) When a child is taken into protective custody in accordance with Sections
4 62A-4a-202.1 and 78-3a-301, the Division of Child and Family Services shall immediately
5 investigate the circumstances of the minor and the facts surrounding his being taken into protective
7 (2) The division's investigation shall include, among other actions necessary to meet
8 reasonable professional standards:
9 (a) a search for and review of any records of past reports of abuse or neglect involving the
10 same child, any sibling or other child residing in that household, and the alleged perpetrator;
11 (b) with regard to a child who is five years of age or older, a personal interview with the
12 child outside of the presence of the alleged perpetrator, conducted in accordance with the
13 requirements of Subsection (5);
14 (c) an interview with the child's natural parents or other guardian, unless their whereabouts
15 are unknown;
16 (d) an interview with the person who reported the abuse, unless anonymous;
17 (e) where possible and appropriate, interviews with other third parties who have had direct
18 contact with the child, including school personnel and the child's health care provider;
19 (f) an unscheduled visit to the child's home; and
20 (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
21 failure to meet the child's medical needs, a medical examination. That examination shall be
22 obtained no later than 24 hours after the child was placed in protective custody.
23 (3) (a) The division's determination of whether a report is substantiated or unsubstantiated
24 may be based on the child's statements alone.
25 (b) Inability to identify or locate the perpetrator may not be used by the division as a basis
26 for determining that a report is unsubstantiated, or for closing the case.
27 (c) The division may not determine a case to be unsubstantiated or identify a case as
28 unsubstantiated solely because the perpetrator was an out-of-home perpetrator.
29 (d) Decisions regarding whether a report is substantiated or unsubstantiated shall be based
30 on the facts of the case at the time the report was made.
31 (4) The division should maintain protective custody of the child if it finds that one or more
1 of the following conditions exist:
2 (a) the minor has no natural parent, guardian, or responsible relative who is able and
3 willing to provide safe and appropriate care for the minor;
4 (b) shelter of the minor is a matter of necessity for the protection of the minor and there
5 are no reasonable means by which the minor can be protected in his home or the home of a
6 responsible relative;
7 (c) there is substantial evidence that the parent or guardian is likely to flee the jurisdiction
8 of the court; or
9 (d) the minor has left a previously court ordered placement.
10 (5) (a) Within 24 hours after receipt of a child into protective custody, excluding weekends
11 and holidays, the Division of Child and Family Services shall convene a child protection team to
12 review the circumstances regarding removal of the child from his home, and prepare the testimony
13 and evidence that will be required of the division at the shelter hearing, in accordance with Section
15 (b) Members of that team shall include:
16 (i) the caseworker assigned to the case and the caseworker who made the decision to
17 remove the child;
18 (ii) a representative of the school or school district in which the child attends school;
19 (iii) the peace officer who removed the child from the home;
20 (iv) a representative of the appropriate Children's Justice Center, if one is established
21 within the county where the child resides;
22 (v) if appropriate, and known to the division, a therapist or counselor who is familiar with
23 the child's circumstances; and
24 (vi) any other individuals as determined to be appropriate and necessary by the team
25 coordinator and chair.
26 (c) At that 24-hour meeting, the division shall have available for review and consideration,
27 the complete child protective services and foster care history of the child and the child's parents
28 and siblings.
29 (6) After receipt of a child into protective custody and prior to the adjudication hearing,
30 all investigative interviews with the child that are initiated by the division shall be audio or video
31 taped, and the child shall be allowed to have a support person of the child's choice present. That
1 support person may not be an alleged perpetrator.
2 (7) The division shall cooperate with law enforcement investigations regarding the alleged
4 (8) The division may not close an investigation solely on the grounds that the division
5 investigator is unable to locate the child, until all reasonable efforts have been made to locate the
6 child and family members. Those efforts include:
7 (a) visiting the home at times other than normal work hours;
8 (b) contacting local schools;
9 (c) contacting local, county, and state law enforcement agencies; and
10 (d) checking public assistance records.
11 Section 9. Section 62A-4a-202.4 is amended to read:
12 62A-4a-202.4. Access to criminal background information.
13 (1) For purposes of background screening and investigation of child abuse under this
14 chapter and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings, the
15 division shall have direct access to criminal background information maintained pursuant to Title
16 53, Chapter 5, Part 2, Criminal Identification Act.
17 (2) The division [
18 to request the Department of Public Safety to conduct a complete Federal Bureau of Investigation
19 criminal background check through the national criminal history system (NCIC).
20 Section 10. Section 62A-4a-203 is amended to read:
21 62A-4a-203. Removal of a child from his home -- Reasonable efforts to maintain
22 child in home -- Exception -- Reasonable efforts for reunification.
23 (1) Because removal of a child from his home [
24 rights of the parent, [
25 (a) when possible and appropriate, without danger to the child's welfare, make reasonable
26 efforts to prevent or eliminate the need for removal of a child from his home prior to placement
27 in substitute care[
28 (b) determine whether there is substantial cause to believe that a child has been or is in
29 danger of abuse or neglect, in accordance with the guidelines described in Title 78, Chapter 3a,
30 Part 3, Abuse, Neglect, and Dependency Proceedings, prior to removing the child from his home;
1 (c) [
2 possible and appropriate, and in accordance with the limitations and requirements of Sections
3 78-3a-311 and 78-3a-312, make reasonable efforts to make it possible for a child in substitute care
4 to return to his home.
5 (2) In determining the reasonableness of efforts needed to maintain a child in his home in
6 accordance with Subsection (1)(a), the division shall consider whether those services would be
7 effective within a six-month period, and whether they would be likely to prevent reabuse or
8 continued neglect of the child.
9 (3) When removal and placement in substitute care is necessary to protect a child, [
11 described in Subsections (1) and (2) would not be reasonable and, therefore, are not required.
12 (4) In cases where obvious sexual abuse or abandonment, or serious physical abuse or
13 neglect are involved, the state has no duty to maintain a child in his home, provide reunification
14 services, or to attempt to rehabilitate the offending parent or parents. This subsection does not
15 exempt the division from providing court ordered services.
16 Section 11. Section 62A-4a-205.5 is amended to read:
17 62A-4a-205.5. Prohibition of discrimination based on race, ethnicity, and cultural
19 With regard to children in the custody of the division who have permanency goals of
20 adoption or [
21 parental rights has been approved in accordance with Section 78-3a-312, the division may not base
22 its decision for placement of those children solely on the race, ethnicity, or cultural heritage of
23 either the child or the prospective adoptive parents. The basis of a decision for placement shall
24 be the best interest of the child.
25 Section 12. Section 62A-4a-205.6 is amended to read:
26 62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
27 (1) With regard to children who have a permanency goal of adoption [
29 approved in accordance with Section 78-3a-312, the division shall make intensive efforts to place
30 the child in an adoptive home within 30 days after the [
1 (2) If within the time period described in Subsection (1) the division is unable to locate
2 a suitable adoptive home, it shall contract with licensed child placing agencies to search for an
3 appropriate adoptive home for the child, and to place the child for adoption. The division shall
4 contract with a variety of child placing agencies licensed pursuant to Part 6.
9 Section 13. Section 62A-4a-207 is amended to read:
10 62A-4a-207. Legislative Oversight Panel -- Responsibilities.
11 (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
12 following members:
13 (i) two members of the Senate, one from the majority party and one from the minority
14 party, appointed by the president of the Senate; and
15 (ii) three members of the House of Representatives, two from the majority party and one
16 from the minority party, appointed by the speaker of the House of Representatives.
17 (b) Members of the panel shall serve for two-year terms, or until their successors are
19 (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
20 when a member resigns from the panel. Vacancies shall be filled by the appointing authority, and
21 the replacement shall fill the unexpired term.
22 (2) The president of the Senate shall designate one of the senators appointed to the panel
23 under Subsection (1) as the Senate chair of the panel. The speaker of the House of Representatives
24 shall designate one of the representatives appointed to the panel under Subsection (1) as the House
25 chair of the panel.
26 (3) The panel shall follow the interim committee rules established by the Legislature.
27 (4) The panel shall:
28 (a) examine and observe the process and execution of laws governing the child welfare
29 system by the executive branch and the judicial branch;
30 (b) upon request, receive testimony from the public, the juvenile court, and from all state
31 agencies involved with the child welfare system including, but not limited to, the division, other
1 offices and agencies within the department, the attorney general's office, the Office of the Guardian
2 Ad Litem Director, and school districts[
3 (c) receive reports from the Consumer Hearing Panel, described in Subsection
4 62A-4a-102(3), and consider and review the actions, reports, and recommendations of that panel;
5 (d) receive recommendations from, and make recommendations to the governor, the
6 Legislature, [
7 Director, [
8 (e) study and recommend proposed changes to laws governing the child welfare system;
9 (f) perform such other duties related to the oversight of the child welfare system as the
10 panel considers appropriate; and
11 (g) annually report its findings and recommendations to the president of the Senate, the
12 speaker of the House of Representatives, the Human Services Interim Committee, and the
13 Judiciary Interim Committee.
14 (5) [
15 individual [
16 in private.
17 (6) (a) The panel has authority [
18 governor, the Board of Juvenile Court Judges, the division, and [
21 any other statutorily created entity related to the policies and procedures of the child welfare
22 system. The panel does not have authority to make recommendations to the court, the division,
23 or any other public or private entity regarding the disposition of any individual case.
24 (b) The panel may hold public hearings, as it considers advisable, in various locations
25 within the state in order to afford all interested persons an opportunity to appear and present their
26 views regarding the child welfare system in this state.
27 (7) (a) All records of the panel regarding individual cases shall be classified private, and
28 may be disclosed only in accordance with federal law and the provisions of Title 63, Chapter 2,
29 Government Records Access and Management Act.
30 (b) The panel shall have access to all of the division's records, including those regarding
31 individual cases. In accordance with Title 63, Chapter 2, Government Records Access
1 Management Act, all documents and information received by the panel shall maintain the same
2 classification that was designated by the division.
3 (8) In order to accomplish its oversight functions, the panel has:
4 (a) all [
5 (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena Powers.
6 (9) Members of the panel shall receive salary and expenses [
7 Section 36-2-2.
8 (10) (a) The Office of Legislative Research and General Counsel shall provide staff
9 support to the panel.
10 (b) The panel is authorized to employ additional professional assistance and other staff
11 members as it considers necessary and appropriate.
12 Section 14. Section 62A-4a-250 is enacted to read:
14 62A-4a-250. Separate programs and procedures for minors committed to the custody
15 of the Division of Child and Family Services on grounds other than abuse or neglect.
16 (1) On or before July 1, 1998, the division shall have established programs designed to
17 meet the needs of minors who have not been adjudicated as abused or neglected, but who are
18 otherwise committed to the custody of the division by the juvenile court pursuant to Section
19 78-3a-516, and who are classified in the division's management information system as having been
20 placed in custody primarily on the basis of delinquent behavior or a status offense.
21 (2) (a) The processes and procedures designed to meet the needs of children who are
22 abused or neglected, described in Part 2 and in Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
23 Dependency Proceedings, are not applicable to the minors described in Subsection (1).
24 (b) The procedures described in Subsection 78-3a-518(2)(a) are applicable to the minors
25 described in Subsection (1).
26 Section 15. Section 62A-4a-413 is amended to read:
27 62A-4a-413. Agencies and individuals providing services to children -- Felony or
28 misdemeanor conviction.
29 (1) (a) As of July 1, 1990, each public or private agency or individual licensed by the
30 department to provide child care services, child placing services, youth programs, substitute,
31 foster, or institutionalized care to children shall, in order to obtain or renew a license under Section
1 62A-2-108, submit to the department the name and other identifying information, which may
2 include fingerprints, of new and proposed:
3 (i) owners;
4 (ii) directors;
5 (iii) members of the governing body;
6 (iv) employees;
7 (v) providers of care; and
8 (vi) volunteers, except parents of children enrolled in the programs.
9 (b) The Law Enforcement and Technical Services Division of the Department of Public
10 Safety shall process that information to determine whether the individual has been convicted of
11 any crime.
12 (c) As of July 1, 1997, persons described in Subsection (1)(a) may also be subject to a
13 complete Federal Bureau of Investigation criminal background check through the national criminal
14 history system (NCIC) if they provide out-of-home care for children, in accordance with Section
15 78-3a-307.1. If an FBI fingerprint background check is required pursuant to Section 78-3a-307.1,
16 the provider may be provisionally licensed.
17 (2) An owner, director, member of the governing body, employee, provider of care, or
18 volunteer who has a felony conviction may not provide child care, child placing services, foster
19 care, youth programs, substitute care, or institutionalized care for children in facilities or programs
20 licensed by the department.
21 (3) With regard to an owner, director, member of the governing body, employee, or
22 provider of care who has a misdemeanor conviction, the executive director has discretion to
23 determine whether or not that person may provide any child care, child placing, foster care, youth
24 programs, substitute care, or institutionalized care for children in a facility or program licensed by
25 the department.
26 Section 16. Section 62A-4a-607 is amended to read:
27 62A-4a-607. Promotion of adoption.
28 (1) The division and all agencies licensed under this part shall promote adoption when that
29 is a possible and appropriate alternative for a child. Specifically, the division shall actively
30 promote the adoption of all children in its custody who have a [
31 termination of parental rights pursuant to Section 78-3a-312, or a permanency goal of adoption
2 (2) The division shall obtain or conduct research of prior adoptive families to determine
3 what families may do to be successful with their adoptive children and shall make this research
4 available to potential adoptive parents.
5 Section 17. Section 62A-12-282.1 is amended to read:
6 62A-12-282.1. Residential and inpatient settings -- Commitment proceeding -- Child
7 in physical custody of local mental health authority.
8 (1) A child may receive services from a local mental health authority in an inpatient or
9 residential setting only after a commitment proceeding, for the purpose of transferring physical
10 custody, has been conducted in accordance with the requirements of this section.
11 (2) That commitment proceeding shall be initiated by a petition for commitment, and shall
12 be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the
13 procedures and requirements of this section. If the findings described in Subsection (4) exist, the
14 proceeding shall result in the transfer of physical custody to the appropriate local mental health
15 authority, and the child may be placed in an inpatient or residential setting.
16 (3) The neutral and detached fact finder who conducts the inquiry:
17 (a) shall be a designated examiner, as defined in Subsection 62A-12-202(3); and
18 (b) may not profit, financially or otherwise, from the commitment or physical placement
19 of the child in that setting.
20 (4) Upon determination by the fact finder that the following circumstances clearly exist,
21 he may order that the child be committed to the physical custody of a local mental health authority:
22 (a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
23 (b) the child demonstrates a risk of harm to himself or others;
24 (c ) the child is experiencing significant impairment in his ability to perform socially;
25 (d) the child will benefit from care and treatment by the local mental health authority; and
26 (e) there is no appropriate less-restrictive alternative.
27 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
28 conducted in as informal manner as possible, and in a physical setting that is not likely to have a
29 harmful effect on the child.
30 (b) The child, the child's parent or legal guardian, the person who submitted the petition
31 for commitment, and a representative of the appropriate local mental health authority shall all
1 receive informal notice of the date and time of the proceeding. Those parties shall also be afforded
2 an opportunity to appear and to address the petition for commitment.
3 (c) The neutral and detached fact finder may, in his discretion, receive the testimony of
4 any other person.
5 (d) The fact finder may allow the child to waive his right to be present at the commitment
6 proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made
7 a matter of record at the proceeding.
8 (e) At the time of the commitment proceeding, the appropriate local mental health
9 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
10 commitment proceeding, shall provide the neutral and detached fact finder with the following
11 information, as it relates to the period of current admission:
12 (i) the petition for commitment;
13 (ii) the admission notes;
14 (iii) the child's diagnosis;
15 (iv) physicians' orders;
16 (v) progress notes;
17 (vi) nursing notes; and
18 (vii) medication records.
19 (f) The information described in Subsection (e) shall also be provided to the child's parent
20 or legal guardian upon written request.
21 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
22 duration of the commitment. Any commitment to the physical custody of a local mental health
23 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
24 commitment is sought, a hearing shall be conducted in the same manner as the initial commitment
25 proceeding, in accordance with the requirements of this section.
26 (ii) When a decision for commitment is made, the neutral and detached fact finder shall
27 inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
28 commitment at the conclusion of the hearing, and also in writing.
29 (iii) The neutral and detached fact finder shall state in writing the basis of his decision,
30 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
31 (6) Absent the procedures and findings required by this section, a child may be temporarily
1 committed to the physical custody of a local mental health authority only in accordance with the
2 emergency procedures described in Subsection 62A-12-232(1) or (2). A child temporarily
3 committed in accordance with those emergency procedures may be held for a maximum of 72
4 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the
5 child shall be released unless the procedures and findings required by this section have been
7 (7) A local mental health authority shall have physical custody of each child committed
8 to it under this section. The parent or legal guardian of a child committed to the physical custody
9 of a local mental health authority under this section, retains legal custody of the child, unless legal
10 custody has been otherwise modified by a court of competent jurisdiction. In cases when the
11 Division of Family Services or the Division of Youth Corrections has legal custody of a child, that
12 division shall retain legal custody for purposes of this part.
13 (8) The cost of caring for and maintaining a child in the physical custody of a local mental
14 health authority shall be assessed to and paid by the child's parents, according to their ability to
15 pay. For purposes of this section, the Division of Child and Family Services or the Division of
16 Youth Corrections shall be financially responsible, in addition to the child's parents, if the child
17 is in the legal custody of either of those divisions at the time the child is committed to the physical
18 custody of a local mental health authority under this section, unless Medicaid regulation or
19 contract provisions specify otherwise. The Office of Recovery Services shall assist those divisions
20 in collecting the costs assessed pursuant to this section.
21 (9) Whenever application is made for commitment of a minor to a local mental health
22 authority under any provision of this section by a person other than the child's parent or guardian,
23 the local mental health authority or its designee shall notify the child's parent or guardian. The
24 parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.
25 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
26 days after any order for commitment. The appeal may be brought on the child's own petition, or
27 that of his parent or legal guardian, to the juvenile court in the district where the child resides or
28 is currently physically located. With regard to a child in the custody of the Division of Child and
29 Family Services or the Division of Youth Corrections, the attorney general's office shall handle
30 the appeal, otherwise the appropriate county attorney's office is responsible for appeals brought
31 pursuant to this subsection.
1 (b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
2 previously unrelated to the case, to conduct an examination of the child in accordance with the
3 criteria described in Subsection (4), and file a written report with the court. The court shall then
4 conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
5 clear and convincing evidence.
6 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
7 its designee, or the mental health professional who has been in charge of the child's care prior to
8 commitment, shall provide the court and the designated examiner for the appeal hearing with the
9 following information, as it relates to the period of current admission:
10 (i) the original petition for commitment;
11 (ii) admission notes;
12 (iii) diagnosis;
13 (iv) physicians' orders;
14 (v) progress notes;
15 (vi) nursing notes; and
16 (vii) medication records.
17 (d) Both the neutral and detached fact finder and the designated examiner appointed for
18 the appeal hearing shall be provided with an opportunity to review the most current information
19 described in Subsection (10)(c) prior to the appeal hearing.
20 (e) The child, his parent or legal guardian, the person who submitted the original petition
21 for commitment, and a representative of the appropriate local mental health authority shall be
22 notified by the court of the date and time of the appeal hearing. Those persons shall be afforded
23 an opportunity to appear at the hearing. In reaching its decision, the court shall review the record
24 and findings of the neutral and detached fact finder, the report of the designated examiner
25 appointed pursuant to Subsection (10)(b), and may, in its discretion, allow or require the testimony
26 of the neutral and detached fact finder, the designated examiner, the child, the child's parent or
27 legal guardian, the person who brought the initial petition for commitment, or any other person
28 whose testimony the court deems relevant. The court may allow the child to waive his right to
29 appear at the appeal hearing, for good cause shown. If that waiver is granted, the purpose shall be
30 made a part of the court's record.
31 (11) Each local mental health authority has an affirmative duty to conduct periodic
1 evaluations of the mental health and treatment progress of every child committed to its physical
2 custody under this section, and to release any child who has sufficiently improved so that the
3 criteria justifying commitment no longer exist.
4 (12) (a) A local mental health authority or its designee, in conjunction with the child's
5 current treating mental health professional may release an improved child to a less restrictive
6 environment, as they determine appropriate. Whenever the local mental health authority or its
7 designee, and the child's current treating mental health professional, determine that the conditions
8 justifying commitment no longer exist, the child shall be discharged and released to his parent or
9 legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
10 treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
11 mental health professional.
12 (b) A local mental health authority or its designee, in conjunction with the child's current
13 treating mental health professional, is authorized to issue a written order for the immediate
14 placement of a child not previously released from an order of commitment into a more restrictive
15 environment, if the local authority or its designee and the child's current treating mental health
16 professional has reason to believe that the less restrictive environment in which the child has been
17 placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
18 (c) The written order described in Subsection (12)(b) shall include the reasons for
19 placement in a more restrictive environment and shall authorize any peace officer to take the child
20 into physical custody and transport him to a facility designated by the appropriate local mental
21 health authority in conjunction with the child's current treating mental health professional. Prior
22 to admission to the more restrictive environment, copies of the order shall be personally delivered
23 to the child, his parent or legal guardian, the administrator of the more restrictive environment, or
24 his designee, and the child's former treatment provider or facility.
25 (d) If the child has been in a less restrictive environment for more than 30 days and is
26 aggrieved by the change to a more restrictive environment, the child or his representative may
27 request a review within 30 days of the change, by a neutral and detached fact finder as described
28 in Subsection (3). The fact finder shall determine whether:
29 (i) the less restrictive environment in which the child has been placed is exacerbating his
30 mental illness, or increasing the risk of harm to himself or others; or
31 (ii) the less restrictive environment in which the child has been placed is not exacerbating
1 his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
2 shall designate that the child remain in the less restrictive environment.
3 (e) Nothing in this section prevents a local mental health authority or its designee, in
4 conjunction with the child's current mental health professional, from discharging a child from
5 commitment or from placing a child in an environment that is less restrictive than that designated
6 by the neutral and detached fact finder.
7 (13) Each local mental health authority or its designee, in conjunction with the child's
8 current treating mental health professional shall discharge any child who, in the opinion of that
9 local authority, or its designee, and the child's current treating mental health professional, no
10 longer meets the criteria specified in Subsection (4), except as provided by Section [
11 78-3a-520. The local authority and the mental health professional shall assure that any further
12 supportive services required to meet the child's needs upon release will be provided.
13 (14) Even though a child has been committed to the physical custody of a local mental
14 health authority pursuant to this section, the child is still entitled to additional due process
15 proceedings, in accordance with Section 62A-12-283.1, before any treatment which may affect a
16 constitutionally protected liberty or privacy interest is administered. Those treatments include, but
17 are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
18 Section 18. Section 63-92-3 is amended to read:
19 63-92-3. Establishment -- Pilot program -- Task force -- Members.
20 (1) There is established a pilot program in Davis County designated the Serious Habitual
21 Offender Comprehensive Action Program.
22 (2) The Commission on Criminal and Juvenile Justice shall form a task force to develop
23 recommendations for the program.
24 (3) The task force shall be composed of the following persons, or their designees:
25 (a) the Juvenile Court Administrator for the 2nd Judicial District;
26 (b) the superintendent of the school district;
27 (c) the County Attorney;
28 (d) a member of the county legislative body;
29 (e) the County Sheriff;
30 (f) the Chief of Police of at least four municipalities within the county;
31 (g) the director of the Department of Public Safety;
1 (h) the Chief of Probation for the 2nd District Juvenile Court;
2 (i) the director of the Division of Youth Corrections;
3 (j) the director of the Division of Child and Family Services;
4 (k) the director of [
5 (l) a member of the Commission on Criminal and Juvenile Justice appointed by the
6 executive director.
7 Section 19. Section 78-3a-102 is amended to read:
8 78-3a-102. Establishment of juvenile court -- Organization and status of court --
10 (1) There is established for the state a juvenile court.
11 (2) The juvenile court is a court of record. It shall have a seal, and its judges, clerks, and
12 referees have the power to administer oaths and affirmations.
13 (3) The juvenile court is of equal status with the district courts of the state.
14 (4) The juvenile court is established as a forum for the resolution of all matters properly
15 brought before it, consistent with applicable constitutional and statutory requirements of due
17 (5) The purpose of the court under this chapter is to:
18 (a) promote public safety and individual accountability by the imposition of appropriate
19 sanctions on persons who have committed acts in violation of law;
20 (b) order appropriate measures to promote guidance and control, preferably in the minor's
21 own home, as an aid in the prevention of future unlawful conduct and the development of
22 responsible citizenship;
23 (c) where appropriate, order rehabilitation, reeducation, and treatment for persons who
24 have committed acts bringing them within the court's jurisdiction;
25 (d) adjudicate matters that relate to minors who are beyond parental or adult control and
26 to establish appropriate authority over these minors by means of placement and control orders;
27 (e) adjudicate matters that relate to abused, neglected, and dependent minors and to
28 provide care and protection for these minors by placement, protection, and custody orders;
29 (f) remove a minor from parental custody only where the minor's safety or welfare, or the
30 public safety, may not otherwise be adequately safeguarded; and
31 (g) consistent with the ends of justice, strive to act in the best interests of the minor's in
1 all cases and attempt to preserve and strengthen family ties where possible.
2 Section 20. Section 78-3a-103 is amended to read:
3 78-3a-103. Definitions.
4 (1) As used in this chapter:
5 (a) "Abused child" includes a minor less than 18 years of age who has suffered or been
6 threatened with nonaccidental physical or mental harm, negligent treatment, sexual exploitation,
7 or who has been the victim of any sexual abuse.
8 (b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
9 alleged in the petition have been proved.
10 (c) "Adult" means a person 18 years of age or over, except that persons 18 years or over
11 under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-520 shall be
12 referred to as minors.
13 (d) "Board" means the Board of Juvenile Court Judges.
14 (e) "Child placement agency" means:
15 (i) a private agency licensed to receive minors for placement or adoption under this code;
17 (ii) a private agency receiving minors for placement or adoption in another state, which
18 agency is licensed or approved where such license or approval is required by law.
19 (f) "Commit" means to transfer legal custody.
20 (g) "Court" means the juvenile court.
21 (h) "Dependent child" includes a minor who is homeless or without proper care through
22 no fault of his parent, guardian, or custodian.
23 (i) "Deprivation of custody" means transfer of legal custody by the court from a parent or
24 the parents or a previous legal custodian to another person, agency, or institution.
25 (j) "Detention" means home detention and secure detention as defined in Section
26 62A-7-101 for the temporary care of minors who require secure custody in physically restricting
28 (i) pending court disposition or transfer to another jurisdiction; or
29 (ii) while under the continuing jurisdiction of the court.
30 (k) "Formal referral" means a written report from a peace officer or other person informing
31 the court that a minor is or appears to be within the court's jurisdiction and that a petition may be
2 (l) "Group rehabilitation therapy" means psychological and social counseling of one or
3 more persons in the group, depending upon the recommendation of the therapist.
4 (m) "Guardianship of the person" includes the authority to consent to marriage, to
5 enlistment in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal
6 custody, if legal custody is not vested in another person, agency, or institution.
7 (n) "Legal custody" means a relationship embodying the following rights and duties:
8 (i) the right to physical custody of the minor;
9 (ii) the right and duty to protect, train, and discipline the minor;
10 (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
11 medical care;
12 (iv) the right to determine where and with whom the minor shall live; and
13 (v) the right, in an emergency, to authorize surgery or other extraordinary care.
14 (o) "Minor" means a person under the age of 18 years. It includes the term "child" as used
15 in other parts of this chapter.
16 (p) "Natural parent" means a minor's biological or adoptive parent, and includes the
17 minor's noncustodial parent.
18 (q) (i) "Neglected child" means a minor:
19 (A) whose parent, guardian, or custodian has abandoned or subjected the minor to
20 mistreatment or abuse;
21 (B) who lacks proper parental care by reason of the fault or habits of the parent, guardian,
22 or custodian;
23 (C) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
24 subsistence, education, or medical care, including surgery or psychiatric services when required,
25 or any other care necessary for health, safety, morals, or well-being; or
26 (D) who is at risk of being a neglected or abused child as defined in this chapter because
27 another minor in the same home is a neglected or abused child as defined in this chapter.
28 (ii) The aspect of neglect related to education, described in Subsection (1)(q)(i)(C), means
29 that, after receiving notice that a minor has been frequently absent from school without good
30 cause, or that the minor has failed to cooperate with school authorities in a reasonable manner, a
31 parent or guardian fails to make a good faith effort to ensure that the minor receives an appropriate
2 (iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
3 does not provide specified medical treatment for a minor, is not guilty of neglect.
4 (r) "Nonjudicial adjustment" means closure of the case by the assigned probation officer
5 without judicial determination upon the consent in writing of the minor, the parent, legal guardian
6 or custodian, and the assigned probation officer.
7 (s) "Probation" means a legal status created by court order following an adjudication on
8 the ground of a violation of law or under Section 78-3a-104, whereby the minor is permitted to
9 remain in his home under prescribed conditions and under supervision by the probation department
10 or other agency designated by the court, subject to return to the court for violation of any of the
11 conditions prescribed.
12 (t) "Protective supervision" means a legal status created by court order following an
13 adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
14 remain in his home, and supervision and assistance to correct the abuse, neglect, or dependency
15 is provided by the probation department or other agency designated by the court.
16 (u) "Residual parental rights and duties" means those rights and duties remaining with the
17 parent after legal custody or guardianship, or both, have been vested in another person or agency,
18 including the responsibility for support, the right to consent to adoption, the right to determine the
19 child's religious affiliation, and the right to reasonable visitation unless restricted by the court. If
20 no guardian has been appointed, "residual parental rights and duties" also include the right to
21 consent to marriage, to enlistment, and to major medical, surgical, or psychiatric treatment.
22 (v) "Secure facility" means any facility operated by or under contract with the Division
23 of Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
24 committed to the division for custody and rehabilitation.
25 (w) "Shelter" means the temporary care of minors in physically unrestricted facilities
26 pending court disposition or transfer to another jurisdiction.
27 (x) "Termination of parental rights" means the permanent elimination of all parental rights
28 and duties, including residual parental rights and duties, by court order.
29 (y) "Therapist" means a person employed by a state division or agency for the purpose of
30 conducting psychological treatment and counseling of a minor in its custody, or any other person
31 licensed or approved by the state for the purpose of conducting psychological treatment and
2 (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
3 Division of Child and Family Services:
4 (a) "Custody" means the custody of a minor in the Division of Child and Family Services
5 as of the date of disposition.
6 (b) "Protective custody" means the shelter of a minor by the Division of Child and Family
7 Services from the time the minor is removed from home until the shelter hearing, or the minor's
8 return home, whichever occurs earlier.
9 (c) "Temporary custody" means the custody of a minor in the Division of Child and
10 Family Services from the date of the shelter hearing until disposition.
11 (3) In determining whether a minor is neglected or abused, as defined in this section, it
12 may be presumed that the person having the minor under his direct and exclusive care and control
13 at the time of the abuse is responsible for the neglect or abuse.
14 Section 21. Section 78-3a-104 is amended to read:
15 78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
16 (1) Except as otherwise provided by law, the juvenile court has exclusive original
17 jurisdiction in proceedings concerning:
18 (a) a minor who has violated any federal, state, or local law or municipal ordinance or a
19 person younger than 21 years of age who has violated any law or ordinance before becoming 18
20 years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
21 (b) a person 21 years of age or older who has failed or refused to comply with an order of
22 the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
23 birthday; however, the continuing jurisdiction is limited to causing compliance with existing
25 (c) a minor who is abused, neglected, or dependent, as those terms are defined in Section
27 (d) the determination of the custody of a minor or to appoint a guardian of the person or
28 other guardian of a minor who comes within the court's jurisdiction under other provisions of this
30 (e) the termination of the legal parent-child relationship in accordance with Part 4,
31 Termination of Parental Rights Act, including termination of residual parental rights and duties;
1 (f) the treatment or commitment of a mentally retarded minor;
2 (g) a minor who, in defiance of earnest and persistent efforts on the part of his parents and
3 school authorities as required under Section 53A-11-103, is a habitual truant from school;
4 (h) the judicial consent to the marriage of a minor under age 16 upon a determination of
5 voluntariness or where otherwise required by law, employment, or enlistment of a minor when
6 consent is required by law;
7 (i) any parent or parents of a minor committed to a secure youth corrections facility, to
8 order, at the discretion of the court and on the recommendation of a secure youth corrections
9 facility, the parent or parents of a minor committed to a secure youth corrections facility for a
10 custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
11 corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
12 therapist the court may direct, for a period directed by the court as recommended by a secure youth
13 corrections facility;
14 (j) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
15 (k) the treatment or commitment of a mentally ill child. The court may commit a child to
16 the physical custody of a local mental health authority or to the legal custody of the Division of
17 Mental Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part
18 2A, Commitment of Persons Under Age 18 to Division of Mental Health. The court may not
19 commit a child directly to the Utah State Hospital; and
20 (l) the commitment of a minor in accordance with Section 62A-8-501.
21 (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
22 jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
23 jurisdiction over the following traffic offenses committed by a minor 16 years of age or older:
24 (a) Section 76-5-207, automobile homicide;
25 (b) Section 41-6-44, operating a vehicle while under the influence of alcohol or drugs;
26 (c) Section 41-6-45, reckless driving;
27 (d) Section 41-1a-1311, unauthorized control over a motor vehicle, trailer, or semitrailer;
28 (e) Section 41-1a-1314, unauthorized control over a motor vehicle, trailer, or semitrailer
29 for an extended period of time; and
30 (f) Section 41-6-13.5, fleeing a peace officer.
31 (3) The court also has jurisdiction over traffic offenses that are part of a single criminal
1 episode filed in a petition that contains an offense over which the court has jurisdiction.
2 (4) The juvenile court has jurisdiction over questions of custody, support, and visitation
3 certified to it by the district court pursuant to Section 78-3a-105.
4 (5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
5 referred to it by the Division of Child and Family Services or by public or private agencies that
6 contract with the division to provide services to that minor where, despite earnest and persistent
7 efforts by the division or agency, the minor has demonstrated that he:
8 (a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
9 to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
10 (b) has run away from home.
11 (6) This section does not restrict the right of access to the juvenile court by private
12 agencies or other persons.
13 (7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
14 under Section 78-3a-602.
15 Section 22. Section 78-3a-105 is amended to read:
16 78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
17 (1) The district court or other court exercising jurisdiction over a violation has concurrent
18 jurisdiction with the juvenile court as follows:
19 (a) when a person who is 18 years of age or older and who is under the continuing
20 jurisdiction of the juvenile court under Section 78-3a-516 violates any federal, state, or local law
21 or municipal ordinance; and
22 (b) in adoption proceedings [
23 terminating the rights of a parent, and [
24 interest of the minor. Adoption proceedings under this section [
25 accordance with the [
26 (2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate
27 if the court otherwise has jurisdiction over the minor.
28 (3) (a) This section does not deprive the district court of jurisdiction to appoint a guardian
29 for a minor, or to determine the support, custody, and visitation of a minor upon writ of habeas
30 corpus or when the question of support, custody, and visitation is incidental to the determination
31 of a cause in the district court.
1 (b) However, if a petition involving the same minor is pending in the juvenile court or the
2 juvenile court has previously acquired continuing jurisdiction over the same minor, the district
3 court may certify the question of support, custody, and visitation to the juvenile court for
8 the findings and order of the juvenile court judge are the order of the district court.
10 court in a divorce action or other proceeding, and the jurisdiction of the district court in the case
11 is continuing, the juvenile court may acquire jurisdiction in a case involving the same minor if the
12 minor is dependent, abused, [
13 juvenile court under Section 78-3a-104.
14 (b) The juvenile court may, by order, change the custody, support, and visitation rights
15 previously ordered in the district court as necessary to implement the order of the juvenile court
16 for the safety and welfare of the minor. The juvenile court order remains in effect so long as the
17 jurisdiction of the juvenile court continues.
19 has been filed with the district court, the findings and order of the juvenile court are binding on
20 the parties to the divorce action as though entered in the district court.
21 Section 23. Section 78-3a-106 is amended to read:
22 78-3a-106. Search warrants and subpoenas -- Authority to issue.
23 (1) The court [
24 investigative subpoenas in criminal cases, delinquency, and abuse, neglect, and dependency
25 proceedings for the same purposes, in the same manner and pursuant to the same procedures [
26 set forth in the code of criminal procedure for the issuance of search warrants, subpoenas, or
27 investigative subpoenas in other trial courts in the state.
28 (2) (a) If it appears to the court upon an affidavit sworn to by a peace officer or any other
29 person, and upon the examination of other witnesses, if required by the judge, that there is
30 probable cause to believe that a child is being ill-treated by his parent, guardian, or custodian, or
31 is being detained, ill-treated, or harbored against the desires of his parent, guardian, or custodian,
1 in any place within the jurisdiction of the court, the court may issue a warrant authorizing a peace
2 officer to search for the child.
3 (b) The officer making the search may enter a house or premises by force, if necessary,
4 in order to remove the child.
5 (c) The officer shall then take the child to the place of shelter designated by the court.
6 Section 24. Section 78-3a-301 is amended to read:
7 78-3a-301. Removing a child from his home -- Grounds for removal.
8 (1) The Division of Child and Family Services may not remove a child from the custody
9 of his natural parent unless [
11 (a) there is a substantial danger to the physical health or safety of the minor and the
12 minor's physical health or safety may not be protected without removing him from his parent's
13 custody. If a minor has previously been adjudicated as abused, neglected, or dependent, and a
14 subsequent incident of abuse, neglect, or dependency occurs, that fact constitutes prima facie
15 evidence that the child cannot safely remain in the custody of his parent;
16 (b) the minor is suffering [
17 limited to, extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self
18 or others, and there are no reasonable means available by which the minor's emotional health may
19 be protected without removing the minor from the custody of his parent;
20 (c) the minor or another minor residing in the same household has been physically or
21 sexually abused, or is deemed to be at substantial risk of being physically or sexually abused, by
22 a parent, a member of the parent's household, or other person known to the parent. If a parent has
23 received actual notice that physical or sexual abuse by a person known to the parent has occurred,
24 and there is evidence that the parent has allowed the child to be in the physical presence of the
25 alleged abuser, that fact constitutes prima facie evidence that the child is at substantial risk of
26 being physically or sexually abused;
27 (d) the parent is unwilling to have physical custody of the child;
28 (e) the minor has been left without any provision for his support;
29 (f) a parent who has been incarcerated or institutionalized has not or cannot arrange for
30 safe and appropriate care for the minor;
31 (g) a relative or other adult custodian with whom the minor has been left by the parent is
1 unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
2 unknown, and reasonable efforts to locate him have been unsuccessful;
3 (h) the minor is in immediate need of medical care;
4 (i) the physical environment or the fact that the child is left unattended poses a threat to
5 the child's health or safety;
6 (j) the minor or another minor residing in the same household has been severely neglected;
8 (k) the child's welfare is otherwise endangered, as documented by the caseworker.
9 (2) The Division of Child and Family Services may not remove a minor from the custody
10 of his natural parent solely on the basis of educational neglect.
11 Section 25. Section 78-3a-306 is amended to read:
12 78-3a-306. Shelter hearing.
13 (1) A shelter hearing shall be held within 72 hours after removal of a child from his home,
14 excluding weekends and holidays.
15 (2) Upon removal of a child from his home and receipt of that child into protective
16 custody, the division shall issue a notice that contains all of the following:
17 (a) the name and address of the person to whom the notice is directed;
18 (b) the date, time, and place of the shelter hearing;
19 (c) the name of the minor on whose behalf a petition is being brought;
20 (d) a concise statement regarding the allegations and code sections under which the
21 proceeding has been instituted;
22 (e) a statement that the parent or guardian to whom notice is given, and the minor, are
23 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
24 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
25 provided; and
26 (f) a statement that the parent or guardian is liable for the cost of support of the minor in
27 the protective custody, temporary custody, and custody of the division, and the cost for legal
28 counsel appointed for the parent or guardian under Subsection (2)(e), according to his financial
30 (3) That notice shall be personally served as soon as possible, but at least 24 hours prior
31 to the time set for the shelter hearing, on:
1 (a) the appropriate guardian ad litem; and
2 (b) both parents and any guardian of the minor, unless they cannot be located.
3 (4) The following persons shall be present at the shelter hearing:
4 (a) the child, unless it would be detrimental for the child;
5 (b) the child's parents or guardian, unless they cannot be located, or fail to appear in
6 response to the notice;
7 (c) counsel for the parents, if one has been requested;
8 (d) the child's guardian ad litem;
9 (e) the caseworker from the Division of Child and Family Services who has been assigned
10 to the case; and
11 (f) the attorney from the attorney general's office who is representing the division.
12 (5) (a) At the shelter hearing, the court shall provide an opportunity for the minor's parent
13 or guardian, if present, and any other person having relevant knowledge, to provide relevant
14 testimony. The court may also provide an opportunity for the minor to testify.
15 (b) The court may consider all relevant evidence, in accordance with the Utah Rules of
16 Juvenile Procedure. The court shall hear relevant evidence presented by the minor, his parent or
17 guardian, the requesting party, or their counsel, but may in its discretion limit testimony and
18 evidence to only that which goes to the issues of removal and the child's need for continued
20 (6) If the child is in the protective custody of the division, the division shall report to the
22 (a) the reasons why the minor was removed from the parent's or guardian's custody;
23 (b) any services provided to the child and his family in an effort to prevent removal;
24 (c) the need, if any, for continued shelter;
25 (d) the available services that could facilitate the return of the minor to the custody of his
26 parent or guardian; and
27 (e) whether the child has any relatives who may be able and willing to take temporary
29 (7) If necessary to protect the child, preserve the rights of a party, or for other good cause
30 shown, the court may grant no more than one time-limited continuance, not to exceed five judicial
1 (8) The court shall order that the minor be released from the protective custody of the
2 division unless it finds, by a preponderance of the evidence, that any one of the following exist:
3 (a) there is a substantial danger to the physical health or safety of the minor and the
4 minor's physical health or safety may not be protected without removing him from his parent's
5 custody. If a minor has previously been adjudicated as abused, neglected, or dependent and a
6 subsequent incident of abuse, neglect, or dependency occurs, that fact constitutes prima facie
7 evidence that the child cannot safely remain in the custody of his parent;
8 (b) the minor is suffering [
9 limited to, extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self
10 or others, and there are no reasonable means available by which the minor's emotional health may
11 be protected without removing the minor from the custody of his parent;
12 (c) the minor or another minor residing in the same household has been physically or
13 sexually abused, or is deemed to be at substantial risk of being physically or sexually abused, by
14 a parent, a member of the parent's household, or other person known to the parent. If a parent has
15 received actual notice that physical or sexual abuse by a person known to the parent has occurred,
16 and there is evidence that the parent has allowed the child to be in the physical presence of the
17 alleged abuser, that fact constitutes prima facie evidence that the child is at substantial risk of
18 being physically or sexually abused;
19 (d) the parent is unwilling to have physical custody of the child;
20 (e) the minor has been left without any provision for his support;
21 (f) a parent who has been incarcerated or institutionalized has not or cannot arrange for
22 safe and appropriate care for the minor;
23 (g) a relative or other adult custodian with whom the minor has been left by the parent is
24 unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
25 unknown, and reasonable efforts to locate him have been unsuccessful;
26 (h) the minor is in immediate need of medical care;
27 (i) the physical environment or the fact that the child is left unattended poses a threat to
28 the child's health or safety; [
29 (j) the minor or another minor residing in the same household has been severely neglected;
31 (k) the child's welfare is otherwise endangered.
1 (9) The court shall also make a determination on the record as to whether reasonable
2 efforts were made to prevent or eliminate the need for removal of the minor from his home and
3 whether there are available services that would prevent the need for continued removal. If the
4 court finds that the minor can be safely returned to the custody of his parent or guardian through
5 the provision of those services, it shall place the minor with his parent or guardian and order that
6 those services be provided by the division.
7 (10) Where the division's first contact with the family occurred during an emergency
8 situation in which the child could not safely remain at home, even with reasonable services being
9 provided, the court shall make a finding that [
11 (11) In cases where obvious sexual abuse or abandonment, or serious physical abuse or
12 neglect are involved, neither division nor the court has any duty to maintain a child in his home,
13 return a child to his home, provide reunification services, or attempt to rehabilitate the offending
14 parent or parents. The court may, however, determine that those services or efforts would be
15 reasonable in specific circumstances, and order the division to provide those services.
17 educational neglect as described in Subsection 78-3a-103(1)(q)(ii).
19 it shall state the facts on which that decision is based.
20 (b) If no continued removal is ordered and the minor is returned home, the court shall state
21 the facts on which that decision is based.
23 is necessary for the protection of a child because harm may result to the child if he were returned
24 home, it shall order continued removal regardless of any error in the initial removal of the child,
25 or the failure of a party to comply with notice provisions, or any other procedural requirement of
26 this chapter or Title 62A, Chapter 4a, Family Services.
27 Section 26. Section 78-3a-307 is amended to read:
28 78-3a-307. Shelter hearing -- Placement with a noncustodial parent or relative --
29 DCFS custody.
30 (1) (a) [
31 removed from the custody of his parent in accordance with the requirements of Section 78-3a-306,
1 the court shall first determine whether there is another natural parent, with whom the child was not
2 residing at the time the events or conditions that brought him within the court's jurisdiction
3 occurred, who desires to assume custody of the child. If that parent requests custody, the court
4 shall place the minor with that parent unless it finds that the placement would be unsafe or
5 otherwise detrimental to the child. The provisions of this Subsection (1) are limited by the
6 provisions of Subsection (8)(b).
7 (b) Notwithstanding the provisions of Section 78-3a-103, for purposes of this section
8 "natural parent" includes only a biological or adoptive parent whose consent for adoption would
9 be required pursuant to Section 78-30-4.14.
11 assume custody, and the safety and appropriateness of the placement.
15 at a minimum, order the division to visit the parent's home, perform criminal background checks
16 described in [
17 management information system for any previous reports of abuse or neglect received by the
18 division regarding the parent at issue.
19 (iii) The court may order the Division of Child and Family Services to conduct any further
20 investigation regarding the safety and appropriateness of the placement.
21 (iv) The division shall report its findings in writing to the court.
22 (v) The court may place the child in the temporary custody of the division, pending its
23 determination regarding that placement.
24 (2) If the court orders placement with a parent under Subsection (1), [
25 parent are under the continuing jurisdiction of the court. The court may order that the parent
26 assume custody subject to the supervision of the court, and order that services be provided to the
27 parent from whose custody the child was removed, the parent who has assumed custody, or both.
28 The court may also provide for reasonable visitation with the parent from whose custody the child
29 was removed, if that is in the best interest of the child. The court's order shall be periodically
30 reviewed to determine whether:
31 (a) placement with the parent continues to be in the child's best interest;
1 (b) the child should be returned to the original custodial parent;
2 (c) the child should be placed with a relative, pursuant to Subsection (4); or
3 (d) the child should be placed in the custody of the division.
4 (3) The time [
5 reunification efforts, apply to children placed with a previously noncustodial parent in accordance
6 with Subsection (1).
7 (4) Legal custody of the child is not affected by an order entered under Subsection (1) or
8 (2). In order to affect a previous court order regarding legal custody, the party must petition that
9 court for modification of the order.
10 (5) (a) If, at the time of the shelter hearing, a child is removed from the custody of his
11 parent and is not placed in the custody of his other parent, the court shall, at that time, determine
12 whether there is a relative who is able and willing to care for the child. The court may order the
13 Division of Child and Family Services to conduct a reasonable search to determine whether there
14 are relatives of the child who are willing and appropriate, in accordance with the requirements of
15 this [
16 child. The child may be placed in the temporary custody of the division pending that
17 determination. This section may not be construed as a guarantee that an identified relative will
18 receive custody of the child. However, preferential consideration may be given to a relative's
19 request for placement of the child, if it is in the best interest of the child, and the provisions of this
20 section are satisfied.
21 (b) (i) If a willing relative is identified pursuant to Subsection (5)(a), the court shall make
22 a specific finding regarding the fitness of that relative to assume custody, and the safety and
23 appropriateness of placement with that relative. [
26 willing to cooperate if the child's permanency goal is reunification with his parent or parents, and
27 be willing to adopt or take permanent custody of the child if that is determined to be in the best
28 interest of the child.
29 (ii) The court shall, at a minimum, order the division [
30 background checks described in [
31 the relative's home, check the division's management information system for any previous reports
1 of abuse or neglect regarding the relative at issue, report its findings in writing to the court, and
2 provide sufficient information so that the court may determine whether:
4 children that may indicate or present a danger to this child;
7 the child;
9 access to the child, in accordance with court orders;
12 (iii) The court may order the Division of Child and Family Services to conduct any further
13 investigation regarding the safety and appropriateness of the placement.
14 (c) The court may place the child in the temporary custody of the division, pending the
15 division's investigation pursuant to Subsection (b), and the court's determination regarding that
16 placement. The court shall ultimately base its determination regarding placement with a relative
17 on the best interest of the child.
18 (d) For purposes of this section, "relative" means an adult who is a grandparent, aunt,
19 uncle, or sibling of the child.
20 (6) When the court vests physical custody of a child with a relative pursuant to Subsection
22 of the court, and shall order that any necessary services be provided to the minor and the relative.
23 That placement shall be periodically reviewed by the court to determine whether:
24 (a) placement with the relative continues to be in the child's best interest;
25 (b) the child should be returned home; or
26 (c) the child should be placed in the custody of the division.
27 (7) (a) When the court vests custody of a child with [
28 to [
30 within the temporary custody or custody of the Division of Child and Family Services. The child
31 and any relative with whom the child is placed, are under the continuing jurisdiction of the court.
1 The court may enter any order that it [
2 interest of the child. The time [
3 to reunification efforts, apply to children placed with a relative pursuant to Subsection [
4 (b) When the court orders that a child be removed from the custody of his parent and does
5 not vest custody in another parent or relative under this section, the court shall order that the child
6 be placed in the temporary custody of the Division of Child and Family Services, to proceed to
7 adjudication and disposition and to be provided with care and services in accordance with this
8 chapter and Title 62A, Chapter 4a, Family Services.
9 (8) (a) Any preferential consideration that a relative may be initially granted pursuant to
10 Subsection [
11 has expired, a relative who has not obtained custody or asserted an interest in a child, may not be
12 granted preferential consideration by the division or the court.
13 (b) When a period of 30 days from the date of the shelter hearing has expired, the
14 preferential consideration which may initially be granted to a natural parent in accordance with
15 Subsection (1), is limited. After that time the court shall base its custody decision on the best
16 interest of the child. The court shall take into consideration:
17 (i) the extent of the natural parent's relationship with the child;
18 (ii) whether the natural parent had actual knowledge of the child's removal from the other
19 parent's custody;
20 (iii) whether, in the past, the natural parent has participated in raising the child by taking
21 responsibility for the child, maintaining a relationship with the child, and financially supporting
22 the child in accordance with the parent's abilities; and
23 (iv) the nature and extent of the child's relationships and well-being in his current
25 Section 27. Section 78-3a-307.1 is amended to read:
26 78-3a-307.1. Criminal background checks necessary prior to out-of-home placement.
27 (1) Upon [
28 placing that child in the custody of the Division of Child and Family Services, and prior to the
30 the court shall require the completion of a [
31 Criminal Identification [
2 (2) (a) The Division of Child and Family Services and the Office of the Guardian ad Litem
4 Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
5 background check through the national criminal history system (NCIC).
6 (b) Upon request by the Division of Child and Family Services or the Office of the
7 Guardian ad Litem Director, or upon the court's order, persons subject to the requirements of
8 Subsection (1) shall submit fingerprints and shall be subject to an FBI fingerprint background
9 check. The child may be temporarily placed, pending the outcome of that background check.
10 (c) The cost of those investigations shall be borne by whoever is to receive placement of
11 the child, except that the Division of Child and Family Services may pay all or part of the cost of
12 those investigations if the person with whom the child is to be placed is unable to pay.
13 Section 28. Section 78-3a-308 is amended to read:
14 78-3a-308. Pretrial and adjudication hearing -- Time deadlines.
15 (1) Upon the filing of a petition, the clerk of the court shall set the pretrial hearing on the
16 petition within 15 calendar days from the date of the shelter hearing.
17 (2) The pretrial may be continued upon motion of any party, for good cause shown, but
18 the final adjudication hearing shall be held no later than [
19 shelter hearing.
20 Section 29. Section 78-3a-310 is amended to read:
21 78-3a-310. Adjudication -- Dispositional hearing -- Time deadlines.
22 (1) If, at the adjudication hearing, the court finds, by clear and convincing evidence, that
23 the allegations contained in the petition are true, it shall conduct a dispositional hearing.
24 (2) The dispositional hearing may be held on the same date as the adjudication hearing,
25 but shall be held no later than 30 calendar days after the date of the adjudication hearing.
26 (3) At the adjudication hearing or the dispositional hearing the court shall schedule or
27 direct the scheduling of dates for:
28 (a) the six month periodic review; and
29 (b) the permanency hearing.
30 Section 30. Section 78-3a-311 is amended to read:
31 78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
1 (1) The court may make any of the dispositions described in Section 78-3a-516, place the
2 child in the custody or guardianship of any individual or public or private entity or agency, order
3 protective supervision, family preservation, medical or mental health treatment, or other services.
4 (2) (a) [
5 continued removal at the dispositional hearing, and that the minor remain in the custody of the
6 Division of Child and Family Services, it shall first determine whether reunification services are
7 appropriate for the child and the child's family, pursuant to Subsection (3). In cases where obvious
8 sexual abuse or abandonment, or serious physical abuse or neglect are involved, neither the
9 division nor the court has any duty to provide reunification services, or to attempt to rehabilitate
10 the offending parent or parents. If the court determines that reunification services are appropriate,
11 however, it shall order that the division make reasonable efforts to provide services to the minor
12 and his parent for the purpose of facilitating reunification of the family, [
13 a specified period of time. That time period may not [
14 child was initially removed from his home [
15 construed to entitle any parent to an entire 12 months of reunification services. If reunification
16 services have been ordered, the court may terminate those services at any time.
17 (b) Any physical custody of the minor by the parent or a relative during the period
18 described in Subsection (a) does not interrupt the running of the period.
19 (c) [
21 by the court in accordance with Section 78-3a-312 at the expiration of the time period for
22 reunification services. The permanency hearing shall be held no later than 12 months after the
23 original removal of the child. [
27 (ii) If reunification services have not been ordered, a permanency hearing shall be
28 conducted within 90 days, in accordance with Section 78-3a-312.
29 (d) With regard to a child who is two years of age or younger at the time the court orders
30 reunification services, the court [
31 services after six months if the parent or parents have not made substantial efforts to comply with
1 the treatment plan. The burden is upon the parents, and the division if it supports continued
2 reunification services, to show that the parents have made substantial efforts to comply with the
3 plan during the first six months of reunification services.
4 (3) (a) Because of the state's interest in and responsibility to protect and provide
5 permanency for children who are abused, neglected, or dependent, the Legislature finds that a
6 parent's interest in receiving reunification services is limited. The court may, under any
7 circumstances, determine that efforts to reunify a child with his family are not reasonable or
8 appropriate, based on the individual circumstances, and that reunification services [
9 not be provided. [
10 (b) There is a presumption that reunification services should not be provided to a parent
11 if the court finds, by clear and convincing evidence, that any of the following circumstances exist:
13 indicating that a reasonably diligent search has failed to locate the parent;
15 incapable of utilizing [
16 evidence from mental health professionals establishing that, even with the provision of services,
17 the parent is unlikely to be capable of adequately caring for the child within 12 months;
19 sexual abuse, that following the adjudication the child was removed from the custody of his parent,
20 was subsequently returned to the custody of that parent, and the minor is being removed due to
21 additional physical or sexual abuse;
23 or neglect;
25 parent, if the parent knew or reasonably should have known that the person was abusing the minor;
27 parent, and the court finds that it would not benefit the child to pursue reunification services with
28 the offending parent;
31 and reunification services were offered or provided to the family at those times; or
2 efforts or services.
3 (4) (a) Failure of the parent to respond to previous services or comply with any previous
4 treatment plan, the fact that the child was abused while the parent was under the influence of drugs
5 or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
6 who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
7 abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
8 successful, [
9 reunification services [
10 (b) The court shall also consider whether the parent has expressed an interest in
11 reunification with the child, in determining whether [
13 (5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
14 whereabouts of a parent become known within six months of the out-of-home placement of the
15 minor, the court may order the division to provide reunification services. The time limits
16 described in Subsection (2), however, are not tolled by the parent's absence.
17 (6) If a parent is incarcerated or institutionalized, the court shall order reasonable services
18 unless it determines that those services would be detrimental to the minor. In determining
19 detriment, the court shall consider the age of the child, the degree of parent-child bonding, the
20 length of the sentence, the nature of the treatment, the nature of the crime or illness, the degree of
21 detriment to the child if services are not offered and, for minors ten years of age or older, the
22 minor's attitude toward the implementation of family reunification services, and any other
23 appropriate factors. Reunification services for an incarcerated [
24 subject to the 12-month limitation imposed in Subsection (2). Reunification services for an
25 institutionalized parent are subject to the 12-month limitation imposed in Subsection (2), unless
26 the court determines that continued reunification services would be in the child's best interest.
27 (7) If, pursuant to Subsection (3)(b)[
28 (vii), (viii), or (ix), the court does not order reunification services, a permanency hearing shall be
29 conducted within [
30 accordance with [
31 Section 31. Section 78-3a-312 is amended to read:
1 78-3a-312. Permanency hearing -- Final plan -- Petition for termination of parental
2 rights filed -- Hearing on termination of parental rights.
3 (1) A [
4 12 months after the original removal of the child.
5 (2) (a) If reunification services were ordered by the court in accordance with Section
6 78-3a-311, the court shall [
7 custody of his parent [
8 of the child would create a substantial risk of detriment to [
9 well-being, the child may not be returned to the custody of his parent. The failure of a parent or
10 guardian to participate in, comply with, in whole or in part, or to meet the goals of a court
11 approved treatment plan constitutes prima facie evidence that return of the child to that parent
12 would [
13 (b) In making a determination under this section, the court shall review the report prepared
14 by the Division of Child and Family Services, a report prepared by the child's guardian ad litem,
15 any report prepared by a foster care citizen review board pursuant to Section 78-3g-103, any
16 evidence regarding the efforts or progress demonstrated by the parent, and the extent to which the
17 parent cooperated and availed himself of services provided.
18 (c) The court shall determine whether reasonable services have been offered or provided
19 to the parent or guardian.
20 (3) (a) If a child is not returned to his parent or guardian at the [
21 permanency hearing, the court shall[
23 reunification services to the parent, and make a final determination regarding whether termination
24 of parental rights, adoption, guardianship, or long-term foster care is the most appropriate final
25 plan for the child[
26 child's desire into consideration in determining the final plan.
29 the best interest of the child. The court may order the division to provide protective supervision
30 or other services to a child and the child's family after the division's custody of a child has been
1 (4) If the final plan for the child is to proceed toward termination of parental rights, the
2 petition for termination of parental rights shall be filed, and a pretrial held, within 45 calendar days
3 after the permanency hearing.
4 Section 32. Section 78-3a-313 is amended to read:
5 78-3a-313. Periodic review hearings.
6 Following the dispositional review hearing, periodic review hearings shall be held by the
7 court or by a court-approved administrative body within the Division of Child and Family Services
8 at least every six months, in accordance with federal law.
9 Section 33. Section 78-3a-316.1 is enacted to read:
10 78-3a-316.1. Proceedings arising from failure to attend public school.
11 (1) When a proceeding arises from a minor's failure to attend public school based upon the
12 assertion of a constitutional or statutory right or duty, raised either by the minor or by his custodial
13 parent, guardian or custodian, the court shall hear the petition and resolve the issues associated
14 with the asserted constitutional or statutory claims within 15 days after the petition is filed. The
15 parties may waive the time limitation described in this subsection.
16 (2) Absent an emergency situation or other exigent circumstances, the court may not enter
17 any order changing the educational status of the minor that existed at the time the petition was
18 filed, until the hearing described in Subsection (1) has been concluded.
19 (3) Parties proceeding under this section shall, insofar as it is possible, provide the court
20 with factual stipulations and make all other efforts that are reasonably available to minimize the
21 time required to hear the claims described in Subsection (1).
22 Section 34. Section 78-3a-350 is enacted to read:
24 78-3a-350. Separate procedures for minors committed to the Division of Child and
25 Family Services on grounds other than abuse or neglect.
26 (1) The processes and procedures described in Part 3, Abuse, Neglect, and Dependency
27 Proceedings, designed to meet the needs of minors who are abused or neglected, are not applicable
28 to a minor who is committed to the custody of the Division of Child and Family Services on a
29 basis other than abuse or neglect and who are classified in the division's management information
30 system as having been placed in custody primarily on the basis of delinquent behavior or a status
1 (2) The procedures described in Subsection 78-3a-518(2)(a) are applicable to the minors
2 described in Subsection (1).
3 (3) The court may appoint a guardian ad litem to represent the interests of a minor
4 described in Subsection (1).
5 Section 35. Section 78-3a-404 is amended to read:
6 78-3a-404. Petition -- Who may file.
7 (1) [
8 of the parent-child relationship with regard to a child.
13 (2) The attorney general shall file a petition for termination of parental rights under this
14 part on behalf of the division.
15 Section 36. Section 78-3a-408 is amended to read:
16 78-3a-408. Evidence of grounds for termination.
17 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
18 evidence of abandonment that the parent or parents:
19 (a) although having legal custody of the child, have surrendered physical custody of the
20 child, and for a period of six months following the surrender have not manifested to the child or
21 to the person having the physical custody of the child a firm intention to resume physical custody
22 or to make arrangements for the care of the child; [
23 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
24 months; or
25 (c) failed to have shown the normal interest of a natural parent, without just cause.
26 (2) In determining whether a parent or parents are unfit or have neglected a child the court
27 shall consider, but is not limited to, the following conditions:
28 (a) emotional illness, mental illness, or mental deficiency of the parent that renders him
29 unable to care for the immediate and continuing physical or emotional needs of the child for
30 extended periods of time;
31 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
2 (c) habitual or excessive use of intoxicating liquors, controlled substances, or dangerous
3 drugs that render the parent unable to care for the child;
4 (d) repeated or continuous failure to provide the child with adequate food, clothing,
5 shelter, education, or other care necessary for his physical, mental, and emotional health and
6 development by a parent or parents who are capable of providing that care. However, a parent
7 who, legitimately practicing his religious beliefs, does not provide specified medical treatment for
8 a child is not for that reason alone a negligent or unfit parent;
9 (e) with regard to a child who is in the custody of the division, if the parent is incarcerated
10 as a result of conviction of a felony, and the sentence is of such length that the child will be
11 deprived of a normal home for more than one year; or
12 (f) a history of violent behavior.
13 (3) If a child has been placed in the custody of the division and the parent or parents fail
14 to comply substantially with the terms and conditions of a plan [
15 months after the date on which the child was placed or the plan was commenced, whichever occurs
16 later, that failure to comply is evidence of failure of parental adjustment.
17 (4) The following circumstances constitute prima facie evidence of unfitness:
18 (a) sexual abuse, injury, or death of a sibling of the child due to known or substantiated
19 abuse or neglect by the parent or parents;
20 (b) conviction of a felony, if the facts of the crime are of such a nature as to indicate the
21 unfitness of the parent to provide adequate care to the extent necessary for the child's physical,
22 mental, or emotional health and development; or
23 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement of
24 the child.
25 Section 37. Section 78-3a-409 is amended to read:
26 78-3a-409. Specific considerations where child is not in physical custody of parent.
27 (1) If a child is not in the physical custody of the parent or parents, the court, in
28 determining whether parental rights should be terminated shall consider, but is not limited to, the
2 regarding the termination, if the court determines he is of sufficient capacity to express his desires;
5 or conditions to make it in the child's best interest to return him to his home after a reasonable
6 length of time, including but not limited to:
7 (i) payment of a reasonable portion of substitute physical care and maintenance, if
8 financially able;
9 (ii) maintenance of regular visitation or other contact with the child that was designed and
10 carried out in a plan to reunite the child with the parent or parents; and
11 (iii) maintenance of regular contact and communication with the custodian of the child.
12 (2) For purposes of this section, the court shall disregard incidental conduct, contributions,
13 contacts, and communications.
14 Section 38. Section 78-3a-504 is amended to read:
15 78-3a-504. Title of petition and other court documents -- Form and contents of
16 petition -- Order for temporary custody -- Physical or psychological examination of minor,
17 parent, or guardian -- Dismissal of petition.
18 (1) The petition and all subsequent court documents in the proceeding shall be entitled:
19 "State of Utah, in the interest of ...................., a person under 18 years of age (or a person
20 under 21 years of age)."
21 (2) The petition shall be verified and statements in the petition may be made upon
22 information and belief.
23 (3) The petition shall be written in simple and brief language and include the facts which
24 bring the minor within the jurisdiction of the court, as provided in Section 78-3a-104.
25 (4) The petition shall further state:
26 (a) the name, age, and residence of the minor;
27 (b) the names and residences of the minor's parents;
28 (c) the name and residence of the guardian, if there is one;
29 (d) the name and address of the nearest known relative, if no parent or guardian is known;
31 (e) the name and residence of the person having physical custody of the minor. If any of
1 the facts required are not known by the petitioner, the petition shall so state.
2 (5) At any time after a petition is filed, the court may make an order providing for
3 temporary custody of the minor.
4 (6) The court may order that a minor concerning whom a petition has been filed shall be
5 examined by a physician, surgeon, psychiatrist, or psychologist and may place the minor in a
6 hospital or other facility for examination. After notice and a hearing set for the specific purpose,
7 the court may order a similar examination of a parent or guardian whose ability to care for a minor
8 is at issue, if the court finds from the evidence presented at the hearing that the parent's or
9 guardian's physical, mental, or emotional condition may be a factor in causing the neglect,
10 dependency, or delinquency of the minor.
11 (7) Pursuant to Rule 506(d)(3), Utah Rules of Evidence, examinations conducted pursuant
12 to Subsection (6) are not privileged communications, but are exempt from the general rule of
15 Section 39. Section 78-3a-512 is amended to read:
16 78-3a-512. Hearings -- Record -- County attorney or district attorney responsibilities
17 -- Attorney general responsibilities -- Admissibility of evidence.
18 (1) A verbatim record of the proceedings shall be taken by an official court reporter or by
19 means of a mechanical recording device in all cases that might result in deprivation of custody as
20 defined in this chapter. In all other cases a verbatim record shall also be made unless dispensed
21 with by the court.
22 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
23 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
25 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Family
26 Services, and Title 78, Chapter 3a, Juvenile Courts, relating to protection or custody of an abused,
27 neglected, or dependent child, and petitions for termination of parental rights.
28 (3) The board may adopt special rules of procedure to govern proceedings involving
29 violations of traffic laws or ordinances, fish and game laws, and boating laws. However,
30 proceedings involving offenses under Section 78-3a-517 are governed by that section regarding
31 suspension of driving privileges.
1 (4) For the [
2 dispositional hearings and for [
3 dependency in adjudication hearings and in hearings upon petitions for termination of parental
4 rights, written reports and other material relating to the minor's mental, physical, and social history
5 and condition may be received in evidence and may be considered by the court along with other
6 evidence. The court may require that the person who wrote the report or prepared the material
7 appear as a witness if the person is reasonably available.
8 (5) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
9 may, in its discretion, consider evidence of statements made by a minor under eight years of age
10 to a person in a trust relationship.
11 Section 40. Section 78-3a-516 is amended to read:
12 78-3a-516. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
13 Enumeration of possible court orders -- Considerations of court.
14 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104, the
15 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
16 jurisdiction over the minor. However, in cases within the provisions of Subsection 78-3a-104(1),
17 findings of fact are not necessary.
18 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
19 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
20 the school superintendent of the district in which the minor resides or attends school. Notice shall
21 be made to the district superintendent within three days and shall include the specific offenses for
22 which the minor was adjudicated.
23 (2) Upon adjudication the court may make the following dispositions by court order:
24 (a) (i) The court may place the minor on probation or under protective supervision in his
25 own home and upon conditions determined by the court, including community service as provided
26 in Section 78-11-20.7.
27 (ii) If the court orders probation, the court shall direct that notice of its order be provided
28 to designated persons in the local law enforcement agency and the school or transferee school, if
29 applicable, which the minor attends. The designated persons may receive the information for
30 purposes of the minor's supervision and student safety.
31 (iii) Any employee of the local law enforcement agency and the school which the minor
1 attends who discloses the court's order of probation is not:
2 (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
3 Section 63-30-4; and
4 (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
5 of Section 63-2-801.
6 (b) The court may place the minor in the legal custody of a relative or other suitable
7 person, with or without probation or protective supervision, but the juvenile court may not assume
8 the function of developing foster home services.
9 (c) (i) The court may vest legal custody of the minor in the Division of Child and Family
10 Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
11 Department of Human Services to provide dispositional recommendations and services.
12 (ii) Minors who are committed to the custody of the Division of Child and Family Services
13 on grounds other than abuse or neglect are subject to the provisions of Part 3A and Title 62A,
14 Chapter 4a, Part 2A.
15 (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
17 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
18 dependency under Subsection 78-3a-104(1)(c) may not be committed to the Division of Youth
20 (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
21 over him, to the temporary custody of the Division of Youth Corrections for observation and
22 evaluation for a period not to exceed 90 days.
23 (f) (i) The court may commit the minor to the Division of Youth Corrections for a period
24 not to exceed 30 days subject to the court retaining continuing jurisdiction over him. Notification
25 of home detention, if applicable under this subsection, shall be provided pursuant to Subsection
27 (ii) Subsection (2)(f) applies only to those minors adjudicated for an act which if
28 committed by an adult would be a criminal offense. This commitment may be stayed or suspended
29 upon conditions ordered by the court.
30 (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
31 Division of Child and Family Services or any other appropriate person in accordance with the
1 requirements and procedures of Part 3, Abuse, Neglect, and Dependency Proceedings.
2 (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
3 and also for work, if possible, if the person, agency, or association operating the facility has been
4 approved or has otherwise complied with all applicable state and local laws. A minor placed in
5 a forestry camp or similar facility may be required to work on fire prevention, forestation and
6 reforestation, recreational works, forest roads, and on other works on or off the grounds of the
7 facility and may be paid wages, subject to the approval of and under conditions set by the court.
8 (i) The court may order that the minor be required to repair, replace, or otherwise make
9 restitution for damage or loss caused by his wrongful act, including costs of treatment as stated in
10 Section 78-3a-318, and may impose fines in limited amounts.
11 (j) The court may issue orders necessary for the collection of restitution and fines ordered
12 by the court, including garnishments, wage withholdings, and executions.
13 (k) (i) The court may through its probation department encourage the development of
14 employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
15 and for other purposes considered desirable by the court.
16 (ii) Consistent with the order of the court, the probation officer may permit the minor
17 found to be within the jurisdiction of the court to participate in a program of work restitution or
18 community service in lieu of paying part or all of the fine imposed by the court. The work
19 restitution or community service permitted by the probation officer may not affect the amount of
20 the surcharge.
21 (l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
22 to any other disposition, restrain the minor from driving for periods of time the court considers
23 necessary and take possession of the minor's driver license. However, proceedings involving an
24 offense under Section 78-3a-517 are governed by that section regarding suspension of driving
26 (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
27 78-3a-104 because of violating Section 58-37-8, Title 58, Chapter 37a, Utah Drug Paraphernalia
28 Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
29 any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
30 more than 100 hours, of community service. Satisfactory completion of an approved substance
31 abuse prevention or treatment program may be credited by the court as community service hours.
1 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
2 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701(1), the court may,
3 upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
4 minor perform a minimum of 20 hours, but no more than 100 hours of community service, in
5 addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
6 abuse prevention or treatment program may be credited by the court as community service hours.
7 (n) The court may order that the minor be examined or treated by a physician, surgeon,
8 psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
9 place the minor in a hospital or other suitable facility.
10 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
11 of the minor, and may appoint a public or private institution or agency as guardian in which legal
12 custody of the minor is vested.
13 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
14 private agency or institution, the court shall give primary consideration to the welfare of the minor.
15 When practicable, the court may take into consideration the religious preferences of the minor and
16 of his parents.
17 (p) (i) In support of a decree under Section 78-3a-104, the court may order reasonable
18 conditions to be complied with by the parents or guardian, the minor, his custodian, or any other
19 person who has been made a party to the proceedings. Conditions may include:
20 (A) visitation by the parents or one parent;
21 (B) restrictions on the minor's associates;
22 (C) restrictions on the minor's occupation and other activities; and
23 (D) requirements to be observed by the parents or custodian.
24 (ii) A minor, whose parents or guardians successfully complete a family or other
25 counseling program, may be credited by the court for detention, confinement, or probation time.
26 (q) The court may order the minor to be placed in the legal custody of the Division of
27 Mental Health or committed to the physical custody of a local mental health authority, in
28 accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment
29 of Persons Under Age 18 to Division of Mental Health.
30 (r) The court may make an order committing a minor within its jurisdiction to the Utah
31 State Developmental Center if the minor has been found mentally retarded in accordance with the
1 provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
2 procedure applicable in the district courts with respect to judicial commitments to the Utah State
3 Developmental Center shall be followed by the juvenile court in these cases.
4 (s) The court may terminate all parental rights upon a finding of compliance with the
5 provisions of Part 4, Termination of Parental Rights Act.
6 (t) The court may make any other reasonable orders for the best interest of the minor or
7 as required for the protection of the public, except that a person younger than 18 years of age may
8 not be committed to jail or prison, and offenses under Section 78-3a-517 are governed by that
9 section regarding suspension of driving privileges.
10 (u) The court may combine several of the above-listed modes of disposition if they are
12 (v) Before depriving any parent of custody, the court shall give due consideration to the
13 rights of parents concerning their minors. The court may transfer custody to another person,
14 agency, or institution in accordance with the requirements and procedures of Part 3.
15 (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
16 or placement of a minor with an individual or an agency shall include a date certain for a review
17 of the case by the court. A new date shall be set upon each review.
18 (x) In reviewing foster home placements, special attention shall be given to making
19 adoptable minors available for adoption without delay.
20 (y) (i) The juvenile court may enter an order of permanent custody and guardianship with
21 a relative or individual of a minor where the court has previously acquired jurisdiction as a result
22 of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
24 (ii) Such orders remain in effect until the minor reaches majority and are not subject to
25 review under Section 78-3a-518, but may be modified by petition or motion as provided in Section
27 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
28 permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
29 the juvenile court.
30 Section 41. Section 78-3a-518 is amended to read:
31 78-3a-518. Period of operation of judgment, decree, or order -- Rights and
1 responsibilities of agency or individual granted legal custody.
2 (1) A judgment, order, or decree of the juvenile court does not operate after the minor
3 becomes 21 years of age, except for:
4 (a) orders of commitment to the Utah State Developmental Center or to the custody of the
5 Division of Mental Health;
6 (b) adoption orders under Section 78-3a-105; [
7 (c) orders permanently terminating the rights of a parent, guardian, or custodian, and
8 permanent orders of custody and guardianships; and
10 (2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an
11 order vesting legal custody or guardianship of a minor in an individual, agency, or institution may
12 be for an indeterminate period. [
13 expiration of [
14 Family Services, no less than once every six months thereafter. The individual, agency, or
15 institution involved shall file [
16 may terminate the order, or after notice and hearing, continue the order if it finds continuation of
17 the order necessary to safeguard the welfare of the minor or the public interest. The findings of
18 the court and its reasons shall be entered with the continuation order or with the order denying
20 (b) Subsection (2)(a) does not apply to minors [
21 Division of Child and Family Services, and who are placed in foster care, a secure youth
22 corrections facility, the Division of Mental Health, the Utah State Developmental Center, or [
23 any agency licensed for child placements and adoptions, in cases where all parental rights of the
25 Rights Act, and custody of the minor has been granted to the agency for adoption or other
26 permanent placement.
27 (3) (a) An agency granted legal custody may determine where and with whom the minor
28 will live, provided that placement of the minor does not remove him from the state without court
30 (b) An individual granted legal custody shall personally exercise the rights and
31 responsibilities involved in legal custody, unless otherwise authorized by the court.
1 Section 42. Uncodified Section 60, Chapter 318, Laws of Utah 1996 is amended to read:
2 Section 60. Early Intervention for Juveniles Pilot Program -- Appropriation.
3 (1) The Division of Child and Family Services and the probation department shall
4 establish, within the counties served by the Fourth, Fifth, and Sixth District Juvenile [
5 Courts, an Early Intervention for Juveniles Pilot Program that offers time limited, intensive
6 treatment, including youth services, as defined in Section 62A-4a-101, as an alternative to
7 out-of-home placement for ungovernable minors and juvenile offenders who:
8 (a) (i) are in the custody of the [
9 the protective supervision of the division and who, absent the pilot program, would be in
10 out-of-home care; or
11 (ii) are under the supervision of the probation department;
12 (b) [
13 terms of judicial orders issued before placement in the pilot project, including requirements of
14 probation ordered under [
15 (c) require continual supervision and intensive therapeutic intervention, but not secure
16 confinement; and
17 (d) are likely to succeed in the pilot program based on an expressed commitment of the
18 child and his family to fully participate in and comply with the program's requirements.
19 (2) The pilot program shall provide intensive services and interventions that include, but
20 are not limited to:
21 (a) electronically monitored home detention;
22 (b) psychological assessment provided by or supervised by licensed mental health
24 (c) individual, family, and group psychotherapy conducted by or supervised by licensed
25 mental health professionals;
26 (d) skills training, including problem solving and conflict resolution skills, parenting and
27 discipline skills, and communication skills;
28 (e) academic assessment and intervention;
29 (f) academic placement, and individual tutoring or alterative education programs when
30 appropriate; and
31 (g) after-care.
1 (3) The juvenile court shall maintain continuing jurisdiction over minors who are receiving
2 services in accordance with the pilot program described in this section.
3 (4) The court shall order the parent or guardian of the minor to:
4 (a) complete an assessment to determine appropriate treatment interventions;
5 (b) participate in training on problem solving skills, implementation of consequences for
6 inappropriate behavior, and rewarding appropriate behavior; and
7 (c) pay the appropriate division for all or part of the costs associated with the child's
8 involvement in the pilot program in accordance with their ability to pay.
9 (5) The juvenile court may issue any order that it deems appropriate to support a family's
10 successful completion of the pilot program.
11 (6) Payments received by the division under Subsection (3) shall be deposited in the
12 General Fund.
13 (7) In accordance with the provisions of Title 63, Chapter 56, Utah Procurement Code, the
14 division shall:
15 (a) contract for the provision of services necessary to implement the pilot program; and
16 (b) contract for an independent evaluation of the effectiveness of the pilot program.
17 (8) The pilot program is authorized from July 1, [
18 (9) There is appropriated from the General Fund, for fiscal year [
19 $320,000 to the Division of Child and Family Services within the Department of Human Services
20 solely for the purpose of implementing the Early Intervention for Juveniles Pilot Program
21 described in this section.
22 Section 43. Repealer.
23 This act repeals:
24 Section 62A-4a-204, Determination of reasonable efforts.
25 Section 78-3a-317, Search warrants and subpoenas -- Authority to issue.
26 Section 44. Effective date.
27 This act takes effect on July 1, 1997. This act applies to every abuse, neglect, and
28 dependency case in which parental rights have not been terminated as of July 1, 1997. All other
29 provisions of Title 78, Chapter 3a relating to abuse, neglect, and dependency proceedings, and
30 Title 62A, Chapter 4a apply to every case in which parental rights have not been terminated as of
31 the effective date of the applicable statute.
1 Section 45. Coordination clause.
2 (1) If this bill and Sub. S.B. 134, Juvenile Court Recodification - Phase 2, both pass, it is
3 the intent of the Legislature that the amendments to Section 78-3a-504 in this bill be made to
4 Section 78-3a-109 in Sub. S.B. 134.
5 (2) If this bill and H.B. 109, Adoption of Children in Division of Child and Family
6 Services Custody, both pass, it is the intent of the Legislature that the amendments to Section
7 62A-4a-205.6(3) in H.B. 109 be deleted.
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