S.B. 116 Enrolled

EXTENSION OF CHILD VISITATION PILOT PROGRAM
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Millie M. Peterson
AN ACT RELATING TO HUSBAND AND WIFE; EXTENDING THE EXPEDITED
VISITATION ENFORCEMENT PILOT PROGRAM; CLARIFYING THE OPERATION
OF THE PROGRAM; REDUCING THE PURPOSES FOR WHICH THE CHILDREN'S
LEGAL DEFENSE ACCOUNT MAY BE USED; AND PROVIDING A
COORDINATION CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-38, as enacted by Chapter 255, Laws of Utah 1996
63-63a-8, as last amended by Chapters 1 and 255, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-38 is amended to read:
30-3-38. Pilot Program for Expedited Visitation Enforcement.
(1) There is established an Expedited Visitation Enforcement Pilot Program in the third
judicial district to be administered by the Administrative Office of the Courts from July 1, 1996,
to July 1, [1997] 2000.
[(2) This pilot program is to resolve visitation problems on an expedited basis by enabling
a parent who alleges that his court-ordered visitation rights have been violated to file a request for
enforcement of the order, have a conference scheduled with the other parent and a private mediator
to address visitation issues within 15 days of filing the request, and have the private mediator
assess the situation, facilitate an agreement on visitation between the parties, and make an
appropriate recommendation to the court on a timely basis. Within 15 days, an agreement on
visitation shall become a temporary order under the signature of the court.]
(2) As used in this section:
(a) "Mediator" means a person who:
(i) is qualified to mediate visitation disputes under criteria established by the

Administrative Office of the Courts; and
(ii) agrees to follow billing guidelines established by the Administrative Office of the
Courts and this section.
(b) "Services to facilitate visitation" or "services" means services designed to assist families
in resolving visitation problems through:
(i) counseling;
(ii) supervised visitation;
(iii) neutral drop-off and pick-up;
(iv) educational classes; and
(v) other related activities.
(3) (a) Under this pilot program, if a parent files a motion in the third district court alleging
that court-ordered visitation rights are being violated, the clerk of the court, after assigning the case
to a judge, shall refer the case to the administrator of this pilot program for assignment to a mediator.
(b) Upon receipt of a case, the mediator shall:
(i) meet with the parents to address visitation issues within 15 days of the motion being filed;
(ii) assess the situation;
(iii) facilitate an agreement on visitation between the parents; and
(iv) determine whether a referral to a service provider under Subsection (3)(c) is warranted.
(c) While a case is in mediation, a mediator may refer the parents to a service provider
designated by the Department of Human Services for services to facilitate visitation if:
(i) the services may be of significant benefit to the parents; or
(ii) (A) a mediated agreement between the parents is unlikely; and
(B) the services may facilitate an agreement.
(d) At anytime during mediation, a mediator shall terminate mediation and transfer the case
to the administrator of the pilot program for referral to the judge to whom the case was assigned
under Subsection (2) if:
(i) a written agreement between the parents is reached; or
(ii) the parents are unable to reach an agreement through mediation; and

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(A) the parents have received services to facilitate visitation;
(B) both parents object to receiving services to facilitate visitation; or
(C) the parents are unlikely to benefit from receiving services to facilitate visitation.
(e) Upon receiving a case from the administrator of the pilot program, a judge may:
(i) review the agreement of the parents and, if acceptable, sign it as an order;
(ii) order the parents to receive services to facilitate visitation;
(iii) proceed with the case; or
(iv) take other appropriate action.
(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a child
who is the subject of a visitation order against the other parent or a member of the other parent's
household to a mediator or service provider, the mediator or service provider shall immediately
report that information to:
(i) the judge assigned to the case who may immediately issue orders and take other
appropriate action to resolve the allegation and protect the child; and
(ii) the Division of Family Services within the Department of Human Services in the manner
required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements.
(b) If an allegation under Subsection (4)(a) is made against a parent with visitation rights or
a member of that parent's household, visitation by that parent shall be supervised until:
(i) the allegation has been resolved; or
(ii) a court orders otherwise.
(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
mediate visitation problems and a service provider may continue to provide services to facilitate
visitation unless otherwise ordered by a court.
(5) (a) The Department of Human Services may contract with one or more entities in
accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
(i) services to facilitate visitation;
(ii) case management services; and
(iii) administrative services.

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(b) An entity who contracts with the Department of Human Services under Subsection (5)(a)
shall:
(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
(ii) agree to follow billing guidelines established by the Department of Human Services and
this section.
(6) (a) Except as provided in Subsection (6)(b), the cost of mediation and the cost of services
to facilitate visitation shall be:
(i) reduced to a sum certain;
(ii) divided equally between the parents; and
(iii) charged against each parent taking into account the ability of that parent to pay under
billing guidelines adopted in accordance with this section.
(b) (i) A judge may order a parent to pay an amount in excess of that provided for in
Subsection (6)(a) if the parent:
(A) failed to participate in good faith in mediation or services to facilitate visitation; or
(B) made an unfounded assertion or claim of physical or sexual abuse of a child.
(c) (i) The cost of mediation and services to facilitate visitation may be charged to parents
at periodic intervals.
(ii) Mediation and services to facilitate visitation may only be terminated on the ground of
nonpayment if both parents are delinquent.
(7) If a parent fails to cooperate in good faith in mediation or services to facilitate visitation,
a court may order, in subsequent proceedings, a temporary change in custody or visitation.
[(3)] (8) (a) The Judicial Council [shall] may make rules to implement and administer the
provisions of this pilot program related to mediation.
[(4) The parties to a proceeding initiated in the third district court to enforce the terms of a
visitation order shall participate in this pilot program, unless one of the parties:]
[(a) makes an allegation of child sexual abuse implicating the other party, in which case, the
mediator shall refer the matter to the court and report the allegation to the Division of Family
Services consistent with Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting

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Requirements; or]
[(b) is unwilling to participate in the program, in which case, the matter shall be referred to
the court.]
(b) The Department of Human Services may make rules to implement and administer the
provisions of this pilot program related to services to facilitate visitation.
[(5)] (9) (a) The Administrative Office of the Courts shall adopt [a program] outcome
measures to evaluate the effectiveness of the mediation component of this pilot program. Progress
reports shall be provided to the Judiciary Interim Committee [in] by August [1996] 1998 and as
requested thereafter by the committee. At least once during this pilot program, the Administrative
Office of the Courts shall present to the committee the results of a survey that measures the
effectiveness of the program in terms of increased compliance with visitation orders and the
responses of interested persons.
(b) The Department of Human Services shall adopt outcome measures to evaluate the
effectiveness of the services component of this pilot program. Progress reports shall be provided to
the Judiciary Interim Committee by August 1998 and as requested thereafter by the committee.
(c) The Administrative Office of the Courts and the Department of Human Services may
adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections 8(a)
and (b).
[(6)] (10) (a) The Department of Human Services shall apply for federal funds designated
for visitation, if such funds are available. [The department shall contract any federal funds received
under this application to the Administrative Office of the Courts for the administration of this pilot
program.]
(b) This pilot program shall be funded through funds received under Subsection (a), the
Children's Legal Defense Account as established in Section 63-63a-8, or other available funding.
Without funding, the pilot program may not proceed.
Section 2. Section 63-63a-8 is amended to read:
63-63a-8. Children's Legal Defense Account.
(1) There is created a restricted account within the General Fund known as the Children's

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Legal Defense Account.
(2) The purpose of the Children's Legal Defense Account is to provide for programs that
protect and defend the rights, safety, and quality of life of children.
(3) The Legislature shall appropriate money from the account for the administrative and
related costs of the following programs:
(a) implementing the Mandatory Educational Course on Children's Needs for Divorcing
Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-7,
30-3-10.3, 30-3-11.3, 30-3-15.3, and 30-3-18, and the Mediation Pilot Program - Child Custody or
Visitation as provided in Sections 30-3-15.3, 30-3-18, and 30-3-19 through 30-3-31;
(b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2, 78-3a-912,
78-3a-318, 78-11-6, and 78-7-9; the training of guardian ad litems and volunteers as provided in
Section 78-3a-912; and termination of parental rights as provided in Sections 78-3a-516, 78-3a-518,
78-3a-903, and Title 78, Chapter 3f. This account may not be used to supplant funding for the
guardian ad litem program in the juvenile court as provided in Section 78-3a-912; and
[(c) requiring community service for violation of visitation orders or failure to pay child
support as provided in Section 78-32-12.1;]
[(d) enforcing and administering the pilot program as provided in Section 78-32-12.3
establishing the sanctions for substantial noncompliance with visitation orders as provided in Section
78-32-12.2; and]
[(e)] (c) implementing and administering the Child Visitation Pilot Program as provided in
Section 30-3-38.
(4) The following withheld fees shall be allocated only to the Children's Legal Defense
Account and used only for the purposes provided in Subsections (3)(a) through (c):
(a) the additional $10 fee withheld on every marriage license issued in the state of Utah as
provided in Section 17-5-214; and
(b) a fee of $2 shall be withheld from the existing civil filing fee collected on any complaint,
affidavit, or petition in a civil, probate, or adoption matter in every court of record.
(5) The Division of Finance shall allocate the monies described in Subsection (4) from the

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General Fund to the Children's Legal Defense Account.
(6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any
fiscal year shall lapse into the General Fund.
Section 3. Coordination clause.
If this bill and H.B. 180, Sunset Reauthorizations, both pass, it is the intent of the Legislature
that the amendments to Section 30-3-38 and Section 63-63a-8 in this bill supersede the repeal of
Section 30-3-38 and Section 63-63a-8 in H.B. 180.

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