S.B. 182

1

CHILDREN'S JUSTICE CENTER PROGRAM
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO CHILDREN'S JUSTICE CENTERS; REQUIRING THE ATTORNEY
6 GENERAL TO ESTABLISH ADDITIONAL CHILDREN'S JUSTICE CENTERS; AND
7 AMENDING THE MEMBERSHIP OF LOCAL AND STATE ADVISORY COUNCILS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 67-5b-102, as last amended by Chapter 309, Laws of Utah 1996
11 67-5b-105, as last amended by Chapter 248, Laws of Utah 1996
12 67-5b-106, as last amended by Chapters 243 and 318, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 67-5b-102 is amended to read:
15 67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of center.
16 (1) (a) There is established a program that provides a comprehensive, multidisciplinary,
17 nonprofit, intergovernmental response to sexual abuse of children and serious physical abuse of
18 children in a facility known as a Children's Justice Center.
19 (b) The attorney general shall administer the program.
20 (c) The attorney general shall:
21 (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103;
22 (ii) administer applications for state and federal grants;
23 (iii) staff the Advisory Board on Children's Justice;
24 (iv) assist in the development of new centers; and
25 (v) coordinate services between centers.
26 (2) (a) The attorney general shall establish Children's Justice Centers in Carbon County,
27 Davis County, Salt Lake County, Tooele County, Utah County, Washington County, and Weber

1 County.
2 (b) The attorney general may establish other centers within a county and in other counties
3 of the state.
4 (3) The attorney general and each center shall fulfill the statewide purpose of each center
5 by:
6 (a) minimizing the time and duplication of effort required to investigate, prosecute, and
7 initiate treatment for the abused child in the state;
8 (b) facilitating the investigation of the alleged offense against the abused child;
9 (c) conducting interviews of abused children and their families in a professional manner;
10 (d) obtaining reliable and admissible information which can be used effectively in criminal
11 and child protection proceedings in the state;
12 (e) coordinating and tracking:
13 (i) the use of limited medical and psychiatric services;
14 (ii) investigation of the alleged offense;
15 (iii) preparation of prosecution;
16 (iv) treatment of the abused child and family; and
17 (v) education and training of persons who provide services to the abused child and its
18 family in the state;
19 (f) expediting the processing of the case through the courts in the state;
20 (g) protecting the interest of the abused child and the community in the state;
21 (h) reducing trauma to the abused child in the state;
22 (i) enhancing the community understanding of sexual abuse of children and serious
23 physical abuse of children in the state; and
24 (j) providing as many services as possible that are required for the thorough and effective
25 investigation of child abuse cases.
26 (4) To assist a center in fulfilling the requirements and statewide purposes as provided in
27 Subsection (3), each center may obtain access to any relevant juvenile court legal records and adult
28 court legal records, unless sealed by the court.
29 (5) The statewide purpose of this chapter is to establish a program that provides a
30 comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of
31 children and serious physical abuse of children in a facility known as a Children's Justice Center.

- 2 -

1 Section 2. Section 67-5b-105 is amended to read:
2 67-5b-105. Local advisory boards -- Membership.
3 (1) The cooperating public agencies and other persons shall make up each center's local
4 advisory board [by agreement], which shall be composed of the following people from the county
5 or area:
6 (a) the local center director or the director's designee;
7 (b) a district attorney[,] or county attorney[, or county attorneys, if appropriate,] having
8 criminal jurisdiction or any designee;
9 (c) [an assistant attorney general as] a representative of the attorney general's office,
10 designated by the attorney general;
11 (d) a county sheriff or a chief of police or [any] their designee;
12 (e) the county executive or [any] the county executive's designee;
13 (f) a physician licensed to practice medicine and surgery under Section 58-67-301, Utah
14 Medical Practice Act, or Section 58-68-301, Utah Osteopathic Medical Practice Act;
15 (g) a licensed mental health professional;
16 (h) a criminal defense attorney; [and]
17 (i) at least S [ [ ] four [ ] two] s members of the community at large S PROVIDED,
17a HOWEVER, THAT THE STATE ADVISORY BOARD MAY AUTHORIZE FEWER MEMBERS, ALTHOUGH
17b NOT LESS THAN TWO, IF THE LOCAL ADVISORY BOARD SO REQUESTS S [.]; and
18 (j) a guardian ad litem or representative of the Office of Guardian Ad Litem Director,
19 designated by the director; and
20 (k) a representative of the Division of Child and Family Services within the Department
21 of Human Services, designated by the employee of the division who has supervisory responsibility
22 for the county served by the center.
23 (2) The members on each local advisory board who serve due to public office as provided
24 in Subsection (1)(b) through (e) shall select the remaining members. The members shall select its
25 chair.
26 (3) The local advisory board shall not supersede the authority of the contracting public
27 agency as designated in Section 67-5b-104.
28 (4) Appointees and designees shall serve [at the request and upon written agreement of the
29 creating public agencies and persons] a term or terms as designated in the bylaws of the local
30 advisory board.
Text Box

Amend on 2_goldenrod February 25, 1997 31 Section 3. Section 67-5b-106 is amended to read:

- 3 -

1 67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms -- Duties
2 -- Authority.
3 (1) The attorney general shall create the Advisory Board on Children's Justice to advise
4 him about the Children's Justice Center Program.
5 (2) The board shall be composed of:
6 (a) [each] the director of each Children's Justice Center;
7 (b) [three chairs] the chair of [the] each local advisory [boards] board established under
8 Section 67-5b-105;
9 (c) the attorney general or [any] the attorney general's designee;
10 (d) a representative of the Utah Sheriffs Association, appointed by the governor;
11 (e) a chief of police, appointed by the governor;
12 (f) one juvenile court judge and one district court judge, appointed by the chief justice;
13 (g) a representative of the court appointed guardians ad litem [selected], appointed by the
14 chief justice;
15 (h) a designated representative of the Division of Child and Family Services within the
16 Department of Human Services, appointed by the director of that division;
17 (i) a licensed mental health professional, appointed by the governor;
18 (j) a person experienced in working with children with disabilities, appointed by the
19 governor;
20 (k) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
21 appointed by the Utah Bar Commission;
22 (l) one criminal prosecutor, licensed by the Utah State Bar and in good standing, appointed
23 by the Prosecution Council;
24 (m) a member of the governor's staff, appointed by the governor;
25 [(m)] (n) a member from the public appointed by the governor who exhibits sensitivity to
26 the concerns of parents; and
27 [(n)] (o) additional members appointed as needed by the attorney general.
28 (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
29 the appointing authority shall appoint each new member or reappointed member to a four-year
30 term.
31 (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority shall,

- 4 -

1 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2 board members are staggered so that approximately half of the board is appointed every two years.
3 (4) The Advisory Board on Children's Justice shall:
4 (a) coordinate and support the statewide purpose of the program;
5 (b) recommend statewide guidelines for the administration of the program;
6 (c) advise the contracting entities of each Children's Justice Center;
7 (d) recommend training and improvements in training;
8 (e) review, evaluate, and make recommendations concerning state investigative,
9 administrative, and judicial handling in both civil and criminal cases of child abuse, child sexual
10 abuse, and neglect;
11 (f) recommend programs to improve the prompt and fair resolution of civil and criminal
12 court proceedings; and
13 (g) recommend changes to state laws and procedures to provide comprehensive protection
14 for children of abuse, child sexual abuse, and neglect.
15 (5) The Advisory Board on Children's Justice may not supersede the authority of the
16 contracting public agency to oversee the accountability of the center, including the budget, costs,
17 personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter 2, Audits of
18 Political Subdivisions, Interlocal Organizations, and Other Local Entities.




Legislative Review Note
as of 2-4-97 9:23 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 5 -