S.B. 182 Enrolled

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

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

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Section 2. Section 67-5b-105 is amended to read:
67-5b-105. Local advisory boards -- Membership.
(1) The cooperating public agencies and other persons shall make up each center's local
advisory board [by agreement], which shall be composed of the following people from the county
or area:
(a) the local center director or the director's designee;
(b) a district attorney[,] or county attorney[, or county attorneys, if appropriate,] having
criminal jurisdiction or any designee;
(c) [an assistant attorney general as] a representative of the attorney general's office,
designated by the attorney general;
(d) a county sheriff or a chief of police or [any] their designee;
(e) the county executive or [any] the county executive's designee;
(f) a physician licensed to practice medicine and surgery under Section 58-67-301, Utah
Medical Practice Act, or Section 58-68-301, Utah Osteopathic Medical Practice Act;
(g) a licensed mental health professional;
(h) a criminal defense attorney; [and]
(i) at least four members of the community at large[.] provided, however, that the state
advisory board may authorize fewer members, although not less than two, if the local advisory board
so requests;
(j) a guardian ad litem or representative of the Office of Guardian Ad Litem Director,
designated by the director; and
(k) a representative of the Division of Child and Family Services within the Department of
Human Services, designated by the employee of the division who has supervisory responsibility for
the county served by the center.
(2) The members on each local advisory board who serve due to public office as provided
in Subsection (1)(b) through (e) shall select the remaining members. The members shall select its
chair.
(3) The local advisory board shall not supersede the authority of the contracting public

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agency as designated in Section 67-5b-104.
(4) Appointees and designees shall serve [at the request and upon written agreement of the
creating public agencies and persons] a term or terms as designated in the bylaws of the local
advisory board.
Section 3. Section 67-5b-106 is amended to read:
67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms -- Duties --
Authority.
(1) The attorney general shall create the Advisory Board on Children's Justice to advise him
about the Children's Justice Center Program.
(2) The board shall be composed of:
(a) [each] the director of each Children's Justice Center;
(b) [three chairs] the chair of [the] each local advisory [boards] board established under
Section 67-5b-105;
(c) the attorney general or [any] the attorney general's designee;
(d) a representative of the Utah Sheriffs Association, appointed by the governor;
(e) a chief of police, appointed by the governor;
(f) one juvenile court judge and one district court judge, appointed by the chief justice;
(g) a representative of the court appointed guardians ad litem [selected], appointed by the
chief justice;
(h) a designated representative of the Division of Child and Family Services within the
Department of Human Services, appointed by the director of that division;
(i) a licensed mental health professional, appointed by the governor;
(j) a person experienced in working with children with disabilities, appointed by the
governor;
(k) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
appointed by the Utah Bar Commission;
(l) one criminal prosecutor, licensed by the Utah State Bar and in good standing, appointed
by the Prosecution Council;

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(m) a member of the governor's staff, appointed by the governor;
[(m)] (n) a member from the public, appointed by the governor, who exhibits sensitivity to
the concerns of parents; and
[(n)] (o) additional members appointed as needed by the attorney general.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
the appointing authority shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two years.
(4) The Advisory Board on Children's Justice shall:
(a) coordinate and support the statewide purpose of the program;
(b) recommend statewide guidelines for the administration of the program;
(c) advise the contracting entities of each Children's Justice Center;
(d) recommend training and improvements in training;
(e) review, evaluate, and make recommendations concerning state investigative,
administrative, and judicial handling in both civil and criminal cases of child abuse, child sexual
abuse, and neglect;
(f) recommend programs to improve the prompt and fair resolution of civil and criminal
court proceedings; and
(g) recommend changes to state laws and procedures to provide comprehensive protection
for children of abuse, child sexual abuse, and neglect.
(5) The Advisory Board on Children's Justice may not supersede the authority of the
contracting public agency to oversee the accountability of the center, including the budget, costs,
personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter 2, Audits of
Political Subdivisions, Interlocal Organizations, and Other Local Entities.

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