H.B. 239 Enrolled

CHILD WELFARE AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: J. Brent Haymond
AN ACT RELATING TO CHILDREN; AUTHORIZING THE ATTORNEY GENERAL'S
OFFICE TO HIRE CHILD PROTECTIVE SERVICES INVESTIGATORS; CLARIFYING
AND MODIFYING PROCEDURES FOR FOSTER PARENT DUE PROCESS;
CLARIFYING PROCESS AND JURISDICTION OF PROTECTIVE ORDERS FOR MINORS
IN JUVENILE AND DISTRICT COURTS; CLARIFYING THAT SPECIFIC COURT
PROCEDURES APPLY ONLY TO CHILDREN REMOVED BY THE DIVISION OF CHILD
AND FAMILY SERVICES AND CHILDREN WHO ARE IN THE DIVISION'S CUSTODY;
CLARIFYING PROVISIONS IN THE TERMINATION OF PARENTAL RIGHTS ACT;
PROVIDING THAT THE JUVENILE COURT HAS CONCURRENT JURISDICTION TO
ESTABLISH PATERNITY AND TO ORDER TESTING FOR THAT PURPOSE;
EXPANDING THE EARLY INTERVENTION FOR JUVENILES PILOT PROGRAM;
PROVIDING RIGHTS AND RESPONSIBILITIES OF RELATIVES AND NONCUSTODIAL
PARENTS WITH REGARD TO A CHILD WHO HAS BEEN REMOVED FROM HIS HOME
BASED ON ABUSE OR NEGLECT; PROVIDING THAT PETITIONS FOR TERMINATION
OF PARENTAL RIGHTS MAY BE FILED AND HEARINGS HELD PRIOR TO, IN LIEU
OF, OR IN COMBINATION WITH A PERMANENCY HEARING; REQUIRING THE
ATTORNEY GENERAL'S OFFICE TO REPRESENT DCFS IN CASES INVOLVING
MINORS IN DCFS CUSTODY ON GROUNDS OTHER THAN ABUSE OR NEGLECT;
REQUIRING PROBATION DEPARTMENT TO PROVIDE ADEQUATE NOTICE TO DCFS
PRIOR TO SPECIFIED HEARINGS; INCORPORATING FEDERAL REQUIREMENTS
REGARDING THE LIMITATION OF REASONABLE EFFORTS; MAKING
AMENDMENTS IN COMPLIANCE WITH FEDERAL LAW; CREATING A CHILD
WELFARE OMBUDSMAN; PROVIDING THAT ARREST OR CHARGES UNDER
CLANDESTINE DRUG LAB ACT CONSTITUTE GROUNDS FOR REMOVAL OF CHILD;
DIRECTING THE CHILD WELFARE LEGISLATIVE OVERSIGHT PANEL TO STUDY

ISSUES RELATED TO THE CHILD PROTECTION OMBUDSMAN AND TO THE
SUBSTANTIATION OF CHILD ABUSE; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-4a-101, as last amended by Chapter 318, Laws of Utah 1996
62A-4a-105, as last amended by Chapters 47, 329 and 365, Laws of Utah 1997
62A-4a-113, as last amended by Chapter 329, Laws of Utah 1997
62A-4a-117, as last amended by Chapter 318, Laws of Utah 1996
62A-4a-201, as last amended by Chapter 329, Laws of Utah 1997
62A-4a-202, as enacted by Chapter 260, Laws of Utah 1994
62A-4a-202.1, as last amended by Chapter 329, Laws of Utah 1997
62A-4a-202.3, as last amended by Chapter 329, Laws of Utah 1997
62A-4a-203, as last amended by Chapter 329, Laws of Utah 1997
62A-4a-205, as last amended by Chapter 318, Laws of Utah 1996
62A-4a-205.6, as last amended by Chapters 195 and 329, Laws of Utah 1997
62A-4a-206, as last amended by Chapter 302, Laws of Utah 1995
62A-4a-250, as enacted by Chapter 329, Laws of Utah 1997
62A-4a-402, as renumbered and amended by Chapter 260, Laws of Utah 1994
62A-4a-409, as last amended by Chapter 302, Laws of Utah 1995
62A-4a-412, as renumbered and amended by Chapter 260, Laws of Utah 1994
78-3a-103, as last amended by Chapters 329 and 365, Laws of Utah 1997
78-3a-104, as last amended by Chapters 329 and 365, Laws of Utah 1997
78-3a-105, as last amended by Chapters 329 and 365, Laws of Utah 1997
78-3a-116, as last amended by Chapter 133 and renumbered and amended by Chapter 365, Laws
of Utah 1997
78-3a-118, as last amended by Chapters 329, 357, 358 and renumbered and amended by Chapter
365, Laws of Utah 1997
78-3a-301, as last amended by Chapters 329 and 365, Laws of Utah 1997

- 2 -

78-3a-305, as last amended by Chapter 318, Laws of Utah 1996
78-3a-306, as last amended by Chapter 329, Laws of Utah 1997
78-3a-307, as last amended by Chapters 195 and 329, Laws of Utah 1997
78-3a-311, as last amended by Chapters 195, 329 and 365, Laws of Utah 1997
78-3a-312, as last amended by Chapters 133 and 329, Laws of Utah 1997
78-3a-314, as last amended by Chapter 133, Laws of Utah 1997
78-3a-315, as last amended by Chapter 318, Laws of Utah 1996
78-3a-350, as enacted by Chapter 329, Laws of Utah 1997
78-3a-408, as last amended by Chapter 329, Laws of Utah 1997
78-3a-903, as last amended by Chapter 365, Laws of Utah 1997
78-3g-103, as repealed and reenacted by Chapter 133, Laws of Utah 1997
78-45a-5, as last amended by Chapter 232, Laws of Utah 1997
ENACTS:
62A-4a-202.6, Utah Code Annotated 1953
62A-4a-203.5, Utah Code Annotated 1953
62A-4a-208, Utah Code Annotated 1953
67-5-16, Utah Code Annotated 1953
78-3a-305.1, Utah Code Annotated 1953
78-3a-313.5, Utah Code Annotated 1953
This act affects uncodified material as follows:
AMENDS:
Uncodified Section 42, Chapter 329, Laws Of Utah 1997
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-101 is amended to read:
62A-4a-101. Definitions.
As used in this chapter:
(1) "Abuse" means:

- 3 -

(a) actual or threatened nonaccidental physical or mental harm[,];
(b) negligent treatment[,];
(c) sexual exploitation[,]; or
(d) any sexual abuse.
(2) "Adoption services" means placing children for adoption, subsidizing adoptions under
Section 62A-4a-105 , supervising adoption placements until the adoption is finalized by the court,
conducting adoption studies, preparing adoption reports upon request of the court, and providing
post-adoptive placement services, upon request of a family, for the purpose of stabilizing a possible
disruptive placement.
(3) "Board" means the Board of Child and Family Services established in accordance with
Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
(4) "Consumer" means a person who receives services offered by the division in accordance
with this chapter.
(5) "Custody," with regard to the division, means the custody of a child in the division as
of the date of disposition.
(6) "Day-care services" means care of a child for a portion of the day which is less than 24
hours, in his own home by a responsible person, or outside of his home in a day-care center, family
group home, or family child care home.
(7) "Dependent child" means a child who is homeless or without proper care through no fault
of his parent, guardian, or custodian.
(8) "Director" means the director of the Division of Child and Family Services.
(9) "Division" means the Division of Child and Family Services.
(10) (a) "Domestic violence services" means temporary shelter, treatment, and related
services to persons who are victims of abuse and their dependent children and treatment services for
domestic violence perpetrators.
(b) As used in this subsection "abuse" means the same as that term is defined in Section
30-6-1 , and "domestic violence perpetrator" means a person who is alleged to have committed, has
been convicted of, or has pled guilty to an act of domestic violence as defined in Subsection

- 4 -

77-36-1 (2).
(11) "Homemaking service" means the care of individuals in their domiciles, and help given
to individual caretaker relatives to achieve improved household and family management through the
services of a trained homemaker.
(12) "Minor" means a person under 18 years of age. "Minor" may also include a person
under 21 years of age for whom the division has been specifically ordered by the juvenile court to
provide services.
(13) "Natural parent" means a child's biological or adoptive parent, and includes a child's
noncustodial parent.
(14) (a) "Neglect" means:
(i) abandonment of a child;
(ii) subjecting a child to mistreatment or abuse;
(iii) lack of proper parental care by reason of the fault or habits of the parent, guardian, or
custodian;
(iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence, education, or medical care, including surgery or psychiatric services when required, or
any other care necessary for his health, safety, morals, or well-being; or
(v) a child at risk of being neglected or abused because another child in the same home is
neglected or abused.
(b) The aspect of neglect relating to education, described in Subsection (a)(iv), means that,
after receiving notice that a child has been frequently absent from school without good cause, or that
the child has failed to cooperate with school authorities in a reasonable manner, a parent or guardian
fails to make a good faith effort to ensure that the child receives an appropriate education.
(c) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
does not provide specified medical treatment for a child, is not guilty of neglect.
(15) "Protective custody," with regard to the division, means the shelter of a child by the
division from the time he is removed from his home until the shelter hearing, or his return home,
whichever occurs earlier.

- 5 -

(16) "Protective services" means expedited services that are provided:
(a) in response to evidence of neglect, abuse, or exploitation of a minor;
(b) in an effort to substantiate evidence of neglect, abuse, or exploitation;
(c) to a cohabitant who is neglecting or abusing a child, in order to help him develop
recognition of his duty of care and of the causes of neglect or abuse, and to strengthen his ability to
provide safe and acceptable care; and
(d) in cases where the child's welfare is endangered:
(i) to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii) to cause a protective order to be issued for the protection of the child, when appropriate;
and
(iii) to protect the child from the circumstances that endanger his welfare including, when
appropriate, removal from his home, placement in substitute care, and petitioning the court for
termination of parental rights.
(17) "Services to unwed parents" means social, educational, and medical services arranged
for or provided to unwed parents to help them plan for themselves and the unborn child.
(18) "Shelter care" means the temporary care of minors in nonsecure facilities.
(19) "State" means a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or
a territory or possession administered by the United States.
(20) "State plan" means the written description of the programs for children, youth, and
family services administered by the division in accordance with federal law.
(21) "Status offender" means a minor who has been declared a runaway or ungovernable.
(22) "Substitute care" means:
(a) the placement of a minor in a family home, group care facility, or other placement
outside the minor's own home, either at the request of a parent or other responsible relative, or upon
court order, when it is determined that continuation of care in the child's own home would be
contrary to the child's welfare;

- 6 -

(b) services provided for a child awaiting placement; and
(c) the licensing and supervision of a substitute care facility.
(23) "Temporary custody," with regard to the division, means the custody of a child in the
division from the date of the shelter hearing until disposition.
(24) "Transportation services" means travel assistance given to an individual with escort
service, if necessary, to and from community facilities and resources as part of a service plan.
(25) "Youth services" means services provided to families in crisis when a minor is
ungovernable or runaway or where there is parent-child conflict, in an effort to resolve family
conflict, maintain or reunite minors with their families, and to divert minors from the juvenile justice
system. Those services may include crisis intervention, short-term shelter, time-out placement, and
family counseling.
Section 2. Section 62A-4a-105 is amended to read:
62A-4a-105. Division responsibilities.
The division shall:
(1) administer services to children and families, including child welfare services, youth
services, domestic violence services, and all other responsibilities that the Legislature or the
executive director may assign to the division;
(2) establish standards for all contract providers of out-of-home care for children and
families;
(3) cooperate with the federal government in the administration of child welfare, youth
services, and domestic violence programs and other human service activities assigned by the
department;
(4) provide for the compilation of relevant information, statistics, and reports on child and
family service matters in the state;
(5) prepare and submit to the department, the governor, and the Legislature reports of the
operation and administration of the division in accordance with the requirements of Sections
62A-4a-117 and 62A-4a-118 ;
(6) promote and enforce state and federal laws enacted for the protection of abused,

- 7 -

neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
accordance with the requirements of this chapter, unless administration is expressly vested in another
division or department of the state. In carrying out the provisions of this subsection, the division
shall cooperate with the juvenile courts, the Division of Youth Corrections, and with all public and
private licensed child welfare agencies and institutions to develop and administer a broad range of
services and supports. The division shall take the initiative in all matters involving the protection
of abused or neglected children if adequate provisions have not been made or are not likely to be
made, and shall make expenditures necessary for the care and protection of those children, within
the division's budget;
(7) provide substitute care for dependent, abused, neglected, and delinquent children,
establish standards for substitute care facilities, and approve those facilities;
(8) provide financial support to persons adopting physically handicapped, mentally
handicapped, older, or other hard-to-place children who, immediately prior to adoption, were legal
wards of the state. The financial support provided under this subsection may not exceed the amounts
the division would provide for the child as a legal ward of the state;
(9) cooperate with the Division of Employment Development in the Department of
Workforce Services in meeting social and economic needs of individuals eligible for public
assistance;
(10) conduct court-ordered home evaluations for the district and juvenile courts with regard
to child custody issues. The court shall order either or both parties to reimburse the division for the
cost of that evaluation, in accordance with the community rate for that service or with the
department's fee schedule rate;
(11) provide noncustodial and in-home preventive services, designed to prevent family
breakup, family preservation services, and reunification services to families whose children are in
substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile
Courts;
(12) provide protective supervision of a family, upon court order, in an effort to eliminate
abuse or neglect of a child in that family;

- 8 -

(13) establish programs pursuant to Section 62A-4a-250 , and provide services to runaway
and ungovernable children and their families;
(14) provide shelter care in accordance with the requirements of this chapter and Title 78,
Chapter 3a, Juvenile Courts;
(15) provide social studies and reports for the juvenile court in accordance with Section
78-3a-505 ;
(16) arrange for and provide training for staff and providers involved in the administration
and delivery of services offered by the division in accordance with this chapter;
(17) provide domestic violence services in accordance with the requirements of federal law,
and establish standards for all direct or contract providers of domestic violence services. Within
appropriations from the Legislature, the division shall provide or contract for a variety of domestic
violence services and treatment methods;
(18) ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who have a permanency goal of adoption, or for
whom a final plan of termination of parental rights has been approved, pursuant to Section
78-3a-312 , and promote adoption of those children; [and]
(19) provide protective services to victims of domestic violence, as defined in Section
77-36-1 , and their children, in accordance with the provisions of this chapter and of Title 78, Chapter
3a, Part 3; and
[(19)] (20) perform such other duties and functions as required by law.
Section 3. Section 62A-4a-113 is amended to read:
62A-4a-113. Division's enforcement authority -- Responsibility of attorney general to
represent division.
(1) The division shall take legal action that is necessary to enforce the provisions of this
chapter.
(2) (a) The attorney general shall enforce all provisions of this chapter, in addition to the
requirements of Title 78, Chapter 3a, relating to protection and custody of abused, neglected, or
dependent children. The attorney general may contract with the local county attorney to enforce the

- 9 -

provisions of this chapter and Title 78, Chapter 3a.
[(3)] (b) It is the responsibility of the attorney general's office to:
[(a)] (i) advise the division regarding decisions to remove a child from his home;
[(b)] (ii) represent the division in all court and administrative proceedings related to child
abuse, neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,
dispositional review hearings, periodic review hearings, and petitions for termination of parental
rights; and
[(c)] (iii) be available to and advise caseworkers on an ongoing basis.
[(4)] (c) The attorney general shall designate no less than 16 full-time attorneys to advise
and represent the division in abuse, neglect, and dependency proceedings, including petitions for
termination of parental rights. Those attorneys shall devote their full time and attention to that
representation and, insofar as it is practicable, shall be housed in or near various offices of the
division statewide.
(3) As of July 1, 1998, the attorney general's office shall represent the division with regard
to actions involving minors who have not been adjudicated as abused or neglected, but who are
otherwise committed to the custody of the division by the juvenile court, and who are classified in
the division's management information system as having been placed in custody primarily on the
basis of delinquent behavior or a status offense. Nothing in this section may be construed to affect
the responsibility of the county attorney or district attorney to represent the state in those matters,
in accordance with Section 78-3a-116 .
Section 4. Section 62A-4a-117 is amended to read:
62A-4a-117. Performance monitoring system.
(1) As used in this section:
(a) "Performance goals" means a target level of performance or an expected level of
performance against which actual performance is compared.
(b) "Performance indicators" means actual performance information regarding a program
or activity.
(c) "Performance monitoring system" means a process to regularly collect and analyze

- 10 -

performance information including performance indicators and performance goals.
(2) On or before May 1, 1996, the director, in cooperation with the board, shall develop a
performance monitoring system of each area in the child welfare system, including foster care and
other substitute care, child protective services, and adoption.
(3) On or before June 1, 1996, the director shall submit a description of that monitoring
system to the Child Welfare Legislative Oversight Panel for review.
(4) The division shall fully implement a performance monitoring system on or before
October 1, 1996.
(5) On or before December 31, 1997, and each year thereafter, the director shall submit, to
the Legislative Fiscal Analyst and the director of the Office of Legislative Research and General
Counsel, a written report describing the difference between actual performance and performance
goals for the [period consisting of the second, third, and fourth quarters of the immediate] prior fiscal
year [and the first quarter of the current fiscal year].
(6) The Legislative Fiscal Analyst shall convey the information contained in that report to
the Health and Human Services Appropriation Subcommittee during the general session immediately
following submission of the report. The subcommittee may consider that information in its
deliberations regarding the budget for the division. The director of the Office of Legislative
Research and General Counsel shall convey the information in that report to the Child Welfare
Legislative Oversight Panel and to the Utah Tomorrow Strategic Planning Committee.
Section 5. Section 62A-4a-201 is amended to read:
62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
state.
(1) Courts have recognized a general presumption that it is in the best interest and welfare
of a child to be raised under the care and supervision of his natural parents. A child's need for a
normal family life in a permanent home, and for positive, nurturing family relationships will usually
best be met by his natural parents. Additionally, the integrity of the family unit, and the right of
parents to conceive and raise their children have found protection in the due process clause of the
Fourteenth Amendment to the United States Constitution. The right of a fit, competent parent to

- 11 -

raise his child has long been protected by the laws and Constitution of this state and of the United
States.
(2) As a counterweight to parental rights, the state, as parens patriae, has an interest in and
responsibility to protect children whose parents abuse them or do not adequately provide for their
welfare. There are circumstances where a parent's conduct or condition is a substantial departure
from the norm and the parent is unable or unwilling to render safe and proper parental care and
protection. Under those circumstances, the welfare and protection of children is the consideration
of paramount importance.
(3) When the division intervenes on behalf of an abused, neglected, or dependent child, it
shall take into account the child's need for protection from immediate harm. Throughout its
involvement, the division shall attempt to utilize the least intrusive means available to protect a
child, in an effort to ensure that children are brought up in stable, permanent families, rather than in
temporary foster placements under the supervision of the state.
(4) When circumstances within the family pose a threat to the child's safety or welfare, the
state's interest in the child's welfare is paramount to the rights of a parent. The division may obtain
custody of the child for a planned period and place him in a safe environment, in accordance with
the requirements of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
(5) In determining and making "reasonable efforts" with regard to a child, pursuant to the
provisions of Section 62A-4a-203 and keeping with the presumptions described in Subsection (1),
both the division's and the court's paramount concern shall be the child's health, safety, and welfare.
[(5)] (6) In cases where [obvious] actual sexual abuse [or], abandonment, or serious physical
abuse or neglect are involved, the state has no duty to make "reasonable efforts" or to, in any other
way, attempt to maintain a child in his home, provide reunification services, or to attempt to
rehabilitate the offending parent or parents. This subsection does not exempt the division from
providing [court ordered] court-ordered services.
[(6)] (7) (a) It is the division's obligation, under federal law, to achieve permanency for
children who are abused, neglected, or dependent. If the use or continuation of "reasonable efforts,"
as described in Subsections (5) and (6), is determined to be inconsistent with the permanency plan

- 12 -

for a child, then measures shall be taken, in a timely manner, to place the child in accordance with
the permanency plan, and to complete whatever steps are necessary to finalize the permanent
placement of the child.
(b) If, because of his conduct or condition, a parent is determined to be unfit or incompetent
based on the grounds for termination of parental rights described in Title 78, Chapter 3a, Part 4,
Termination of Parental Rights Act, the welfare and best interest of the child is [then] of paramount
importance, and shall govern in determining whether that parent's rights should be terminated.
Section 6. Section 62A-4a-202 is amended to read:
62A-4a-202. Preventive services -- Family preservation services.
(1) (a) Within appropriations from the Legislature, the division shall provide preventive,
in-home services and family preservation services for families whose children are at immediate risk
of being removed from the home and for families in crisis, if the child's welfare is not immediately
endangered and the division determines that it is possible and appropriate.
(b) In determining whether preventive or family preservation services are reasonable and
appropriate, in keeping with the provisions of Subsection 62A-4a-201 (1) the child's health, safety,
and welfare shall be the paramount concern. The division shall consider whether those services will
be effective within a six-month period, and whether they are likely to prevent reabuse or continued
neglect of the child.
(2) (a) On or before December 1, 1994, the division shall complete a statewide inventory of
early intervention, preventive, and family preservation services that are available through public and
private agencies or individuals. The inventory shall also include:
(i) the method of accessing each service;
(ii) eligibility requirements for each service; and
(iii) the geographic areas and the number of families that can be served by each service, and
information regarding waiting lists for each service.
(b) The information shall be stored, updated annually, and made available in a usable form
as a resource directory for all caseworkers.
(c) The division shall provide a copy of the inventory to the Office of Legislative Research

- 13 -

and General Counsel on or before December 1, 1994, and each subsequent year thereafter.
(3) As a part of its preventive services, the division shall provide family preservation
services that are short-term, intensive, crisis intervention programs, and that address:
(a) the safety of children;
(b) the physical and emotional needs of parents and children; the division shall also evaluate
specific needs of the family, including depression, addiction, and mental illness;
[(b)] (c) the child's physical surroundings, including cleaning and repairing physical housing,
and addressing needs for necessities such as food, heat, and electricity;
[(c)] (d) personal cleanliness, nutrition, and provision of personal grooming supplies and
clothing;
[(d)] (e) budgeting [and], money management, and employment; and
[(e)] (f) parenting skills, including nonviolent discipline, nurturing, and structure, and
teaching responsibility, respect for others, cooperation, and moral values[; and].
[(f) the safety of children.]
(4) (a) The division may use only specially trained caseworkers or private providers to
provide the family preservation services described in Subsection (3).
(b) Family preservation caseworkers may only be assigned a minimum number of families,
but the division shall require that they be available 24 hours for an intensive period of at least six
weeks, and that they respond to an assigned family within 24 hours.
(c) The division shall allow family preservation caseworkers to be creative and flexible in
responding to the needs of each individual family.
Section 7. Section 62A-4a-202.1 is amended to read:
62A-4a-202.1. Taking a child into protective custody -- Peace officer -- Division of
Child and Family Services caseworker.
(1) Any peace officer may, without a warrant, take a minor into protective custody when the
officer has substantial cause to believe that any of the factors described in Section 78-3a-301 exist.
(2) (a) A child welfare worker within the Division of Child and Family Services may take
and maintain protective custody of a minor, without a warrant, in accordance with the requirements

- 14 -

of this section and Section 78-3a-301 when accompanied by a peace officer, or without a peace
officer, when a peace officer is not reasonably available.
(b) If possible, consistent with the child's safety and welfare, before taking a child into
protective custody, the worker shall also determine whether there are services reasonably available
to the worker which, if provided to the minor's parent or to the minor, would eliminate the need to
remove the minor from the custody of his parent in accordance with the provisions and limitations
of Section 78-3a-301 . If those services are reasonably available, they shall be utilized. In
determining whether services are reasonably available, and in making reasonable efforts to provide
those services, the child's health, safety, and welfare shall be the worker's paramount concern.
Section 8. Section 62A-4a-202.3 is amended to read:
62A-4a-202.3. Investigation -- Substantiation of reports -- Child in protective custody.
(1) When a child is taken into protective custody in accordance with Sections 62A-4a-202.1
and 78-3a-301 , the Division of Child and Family Services shall immediately investigate the
circumstances of the minor and the facts surrounding his being taken into protective custody.
(2) The division's investigation shall include, among other actions necessary to meet
reasonable professional standards:
(a) a search for and review of any records of past reports of abuse or neglect involving the
same child, any sibling or other child residing in that household, and the alleged perpetrator;
(b) with regard to a child who is five years of age or older, a personal interview with the
child outside of the presence of the alleged perpetrator, conducted in accordance with the
requirements of Subsection (5);
(c) an interview with the child's natural parents or other guardian, unless their whereabouts
are unknown;
(d) an interview with the person who reported the abuse, unless anonymous;
(e) where possible and appropriate, interviews with other third parties who have had direct
contact with the child, including school personnel and the child's health care provider;
(f) an unscheduled visit to the child's home; and
(g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or failure

- 15 -

to meet the child's medical needs, a medical examination. That examination shall be obtained no
later than 24 hours after the child was placed in protective custody.
(3) (a) The division's determination of whether a report is substantiated or unsubstantiated
may be based on the child's statements alone.
(b) Inability to identify or locate the perpetrator may not be used by the division as a basis
for determining that a report is unsubstantiated, or for closing the case.
(c) The division may not determine a case to be unsubstantiated or identify a case as
unsubstantiated solely because the perpetrator was an out-of-home perpetrator.
(d) Decisions regarding whether a report is substantiated [or], unsubstantiated, or without
merit shall be based on the facts of the case at the time the report was made.
(4) The division should maintain protective custody of the child if it finds that one or more
of the following conditions exist:
(a) the minor has no natural parent, guardian, or responsible relative who is able and willing
to provide safe and appropriate care for the minor;
(b) shelter of the minor is a matter of necessity for the protection of the minor and there are
no reasonable means by which the minor can be protected in his home or the home of a responsible
relative;
(c) there is substantial evidence that the parent or guardian is likely to flee the jurisdiction
of the court; or
(d) the minor has left a previously court ordered placement.
(5) (a) Within 24 hours after receipt of a child into protective custody, excluding weekends
and holidays, the Division of Child and Family Services shall convene a child protection team to
review the circumstances regarding removal of the child from his home, and prepare the testimony
and evidence that will be required of the division at the shelter hearing, in accordance with Section
78-3a-306 .
(b) Members of that team shall include:
(i) the caseworker assigned to the case and the caseworker who made the decision to remove
the child;

- 16 -

(ii) a representative of the school or school district in which the child attends school;
(iii) the peace officer who removed the child from the home;
(iv) a representative of the appropriate Children's Justice Center, if one is established within
the county where the child resides;
(v) if appropriate, and known to the division, a therapist or counselor who is familiar with
the child's circumstances; and
(vi) any other individuals as determined to be appropriate and necessary by the team
coordinator and chair.
(c) At that 24-hour meeting, the division shall have available for review and consideration,
the complete child protective services and foster care history of the child and the child's parents and
siblings.
(6) After receipt of a child into protective custody and prior to the adjudication hearing, all
investigative interviews with the child that are initiated by the division shall be audio or video taped,
and the child shall be allowed to have a support person of the child's choice present. That support
person may not be an alleged perpetrator.
(7) The division shall cooperate with law enforcement investigations regarding the alleged
perpetrator.
(8) The division may not close an investigation solely on the grounds that the division
investigator is unable to locate the child, until all reasonable efforts have been made to locate the
child and family members. Those efforts include:
(a) visiting the home at times other than normal work hours;
(b) contacting local schools;
(c) contacting local, county, and state law enforcement agencies; and
(d) checking public assistance records.
Section 9. Section 62A-4a-202.6 is enacted to read:
62A-4a-202.6. Child protective services investigators within attorney general's office
-- Authority.
(1) Pursuant to Section 67-5-16 the attorney general may employ, with the consent of the

- 17 -

division, child protective services investigators to investigate reports of abuse or neglect of a child
that occur while the child is in the custody of the division.
(2) The investigators described in Subsection (1) may also investigate allegations of abuse
or neglect of a child by a department employee or a licensed substitute care provider.
(3) The investigators described in Subsection (1), if not peace officers, shall have the same
rights, duties, and authority of a child protective services investigator employed by the division to:
(a) make a thorough investigation upon receiving either an oral or written report of alleged
abuse or neglect of a child, with the primary purpose of that investigation being the protection of the
child;
(b) make an inquiry into the child's home environment, emotional, or mental health, the
nature and extent of the child's injuries, and the child's physical safety;
(c) make a written report of their investigation, including determination regarding whether
the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and forward a copy
of that report to the division within the time mandates for investigations established by the division;
(d) immediately consult with school authorities to verify the child's status in accordance with
Sections 53A-11-101 through 53A-11-103 when a report is based upon or includes an allegation of
educational neglect;
(e) enter upon public or private premises, using appropriate legal processes, to investigate
reports of alleged child abuse or neglect; and
(f) take a child into protective custody, and deliver the child to a law enforcement officer,
or to the division. Control and jurisdiction over the child shall be determined by the provisions of
Title 62A, Chapter 4a, Part 2, Child Welfare Services, Title 78, Chapter 3a, Juvenile Courts, and as
otherwise provided by law.
Section 10. Section 62A-4a-203 is amended to read:
62A-4a-203. Removal of a child from his home -- Reasonable efforts to maintain child
in home -- Exception -- Reasonable efforts for reunification.
(1) Because removal of a child from his home may affect protected, constitutional rights of
the parent, the division shall:

- 18 -

(a) when possible and appropriate, without danger to the child's welfare, make reasonable
efforts to prevent or eliminate the need for removal of a child from his home prior to placement in
substitute care;
(b) determine whether there is substantial cause to believe that a child has been or is in
danger of abuse or neglect, in accordance with the guidelines described in Title 78, Chapter 3a, Part
3, Abuse, Neglect, and Dependency Proceedings, prior to removing the child from his home; and
(c) when it is possible and appropriate, and in accordance with the limitations and
requirements of Sections 78-3a-311 and 78-3a-312 , make reasonable efforts to make it possible for
a child in substitute care to return to his home.
(2) In determining the reasonableness of efforts needed to maintain a child in his home or
to return a child to his home, in accordance with Subsection (1)(a) or (c), the child's health, safety,
and welfare shall be the paramount concern. Additionally, the division shall consider whether those
services would be effective within a six-month period, and whether they would be likely to prevent
reabuse or continued neglect of the child.
(3) When removal and placement in substitute care is necessary to protect a child, the
"efforts" described in Subsections (1) and (2) would not be reasonable or appropriate and, therefore,
[are not required] should not be utilized.
(4) In cases where obvious sexual abuse [or], abandonment, or serious physical abuse or
neglect are involved, the state has no duty to make "reasonable efforts" or to, in any other way,
attempt to maintain a child in his home, provide reunification services, or to attempt to rehabilitate
the offending parent or parents. This subsection does not exempt the division from providing court
ordered services.
Section 11. Section 62A-4a-203.5 is enacted to read:
62A-4a-203.5. Mandatory petition for termination of parental rights.
(1) For purposes of this section, "abandoned infant" means a child who is 12 months of age
or younger whose parent or parents:
(a) although having legal custody of the child, fail to maintain physical custody of the child
without making arrangements for the care of the child;

- 19 -

(b) have failed to maintain physical custody, and have failed to exhibit the normal interest
of a natural parent without just cause; or
(c) are unwilling to have physical custody of the child.
(2) Except as provided in Subsection (3), notwithstanding any other provision of this chapter
or of Title 78, Chapter 3a, the division shall file a petition for termination of parental rights with
regard to:
(a) an abandoned infant; or
(b) a parent, whenever a court has determined that the parent has:
(i) committed murder or child abuse homicide of another child of that parent;
(ii) committed manslaughter of another child of that parent;
(iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
homicide, or manslaughter against another child of that parent; or
(iv) committed a felony assault or abuse that has resulted in serious physical injury to
another child of that parent, or to the other parent of that child.
(3) The division is not required to file a petition for termination of parental rights under
Subsection (2) if:
(a) the child is being cared for by a relative;
(b) the division has:
(i) documented in the child's treatment plan a compelling reason for determining that filing
a petition for termination of parental rights is not in the child's best interest; and
(ii) made that treatment plan available to the court for its review; or
(c) (i) the court has previously determined, in accordance with the provisions and limitations
of Sections 62A-4a-201 , 62A-4a-203 , 78-3a-306 , and 78-3a-311 , that reasonable efforts to reunify
the child with his parent or parents were required; and
(ii) the division has not provided, within the time period specified in the treatment plan,
services that had been determined to be necessary for the safe return of the child.
Section 12. Section 62A-4a-205 is amended to read:
62A-4a-205. Treatment plans.

- 20 -

(1) No more than 45 days after a child enters the temporary custody of the division, the
child's treatment plan shall be finalized.
(2) The division shall use an interdisciplinary team approach in developing each treatment
plan. An interdisciplinary team shall include, but is not limited to, representatives from mental
health, education, and, where appropriate, a representative of law enforcement.
(3) The division shall involve all of the following in the development of a child's treatment
plan:
(a) both of the child's natural parents, unless the whereabouts of a parent are unknown;
(b) the child;
(c) the child's foster parents; and
(d) where appropriate, the child's step-parent.
(4) A copy of the treatment plan shall be provided to the guardian ad litem, and to the child's
natural parents and foster parents.
(5) Each treatment plan shall specifically provide for the safety of the child, in accordance
with federal law, and clearly define what actions or precautions will, or may be, necessary to provide
for the health, safety, protection, and welfare of the child.
[(5)] (6) The plan shall set forth, with specificity, at least the following:
(a) the reason the child entered Division of Child and Family Services custody, and
documentation of the reasonable efforts made to prevent placement or documentation of the
emergency situation that existed and that prevented reasonable efforts;
(b) the permanency goal for the child and the reason for selection of that goal;
(c) if the plan is for the child to return to his family, specifically what the parents must do
in order to enable the child to be returned home, specifically how those requirements may be
accomplished, and how those requirements will be measured;
(d) the specific services needed to reduce the problems that necessitated placement in the
division's custody, [and to accomplish the reasonable efforts requirements,] and who will provide
for and be responsible for case management;
(e) a visitation schedule between the natural parent and the child;

- 21 -

(f) the health care to be provided to the child, and the mental health care to be provided to
address any known or diagnosed mental health needs of the child. If residential treatment, rather
than a foster home, is the proposed placement, a specialized assessment of the child's health needs
shall be conducted, including an assessment of mental illness and behavior and conduct disorders;
and
(g) social summaries that include case history information pertinent to case planning.
[(6)] (7) (a) The treatment plan shall be specific to each child and his family, rather than
general. The division shall train its workers to develop treatment plans that comply with federal
mandates and the specific needs of the particular child and his family;
(b) all treatment plans and expectations shall be individualized and contain specific time
frames;
(c) treatment plans shall address problems that keep children in placement and keep them
from achieving permanence in their lives; and
(d) the child's natural parents, foster parents, and where appropriate, step-parents, shall be
kept informed of and supported to participate in important meetings and procedures related to the
child's placement.
[(7)] (8) With regard to a child who is three years of age or younger, if the goal is not to
return the child home, the [division's goal or] permanency plan for that child shall be adoption unless
there are extenuating circumstances that justify long-term foster care or guardianship.
Section 13. Section 62A-4a-205.6 is amended to read:
62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
(1) With regard to children who have a permanency goal of adoption or for whom a final
plan for pursuing termination of parental rights has been approved in accordance with Section
78-3a-312 , the division shall make intensive efforts to place the child in an adoptive home within
30 days after the final plan has been approved.
(2) If within the time period described in Subsection (1) the division is unable to locate a
suitable adoptive home, it shall contract with licensed child placing agencies to search for an
appropriate adoptive home for the child, and to place the child for adoption. The division shall

- 22 -

comply with the requirements of Section 62A-4a-607 and contract with a variety of child placing
agencies licensed under Part 6. In accordance with federal law, the division shall develop plans for
the effective use of cross-jurisdictional resources to facilitate timely adoptive or permanent
placements for waiting children.
(3) The division shall ensure that children who are adopted and were previously in its
custody, continue to receive the medical and mental health coverage that they are entitled to under
state and federal law.
Section 14. Section 62A-4a-206 is amended to read:
62A-4a-206. Process for removal of a child from foster family -- Procedural due
process.
(1) (a) The Legislature finds that, except with regard to a child's natural [parents] parent or
legal guardian, a foster family has a very limited but recognized interest in its familial relationship
with a foster child who has been in the care and custody of that family. In making determinations
regarding removal of a child from a foster home, the division may not dismiss the foster family as
a mere collection of unrelated individuals.
(b) The Legislature finds that children in the temporary custody and custody of the division
are experiencing multiple changes in foster care placements with little or no documentation, and that
numerous studies of child growth and development emphasize the importance of stability in foster
care living arrangements.
(c) For the reasons described in Subsections (a) and (b), the division shall provide procedural
due process for a foster family prior to removal of a foster child from their home, regardless of the
length of time the child has been in that home, unless removal is for the purpose of returning the
child to his natural parent or legal guardian, or for the immediate placement of the child in an
approved adoptive home.
(2) (a) [On or before July 1, 1994, the] The division shall [establish] maintain and utilize due
process procedures for removal of a foster child from a foster home, in accordance with the
procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act.
(b) Those procedures shall include requirements for:

- 23 -

(i) personal communication with and explanation to foster parents prior to removal of the
child; and
(ii) an opportunity for foster parents to present [written and oral testimony] their information
and concerns to the division and to request a review by a third party neutral fact finder prior to
removal of the child.
(c) If the division determines that there is a reasonable basis to believe that the child is in
danger or that there is a substantial threat of danger to the health or welfare of the child, it shall place
the child in [temporary shelter] emergency foster care during the pendency of the procedures
described in this subsection, instead of making another foster care placement.
(3) [As of July 1, 1994, whenever] If the division removes a child from a foster home based
upon the child's statement alone, the division shall initiate and expedite the processes described in
Subsection (2). The division may take no formal action with regard to that foster parent's license
until after those processes, in addition to any other procedure or hearing required by law, have been
completed.
(4) When a complaint is made to the division by a foster child against a foster parent, the
division shall, within 30 business days, provide the foster parent with information regarding the
specific nature of the complaint, the time and place of the alleged incident, and who was alleged to
have been involved.
(5) Whenever the division places a child in a foster home, it shall provide the foster parents
with:
(a) notification of the requirements of this section;
(b) a written description of the procedures enacted by the division pursuant to Subsection
(2) and how to access those processes; and
(c) written notification of the foster parents' ability to petition the juvenile court directly for
review of a decision to remove a foster child who has been in their custody for 12 months or longer,
in accordance with the limitations and requirements of Section 78-3a-315 .
[(4)] (5) The requirements of this section do not apply to the removal of a child based on a
foster parent's request for that removal.

- 24 -

Section 15. Section 62A-4a-208 is enacted to read:
62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
(1) As used in this section:
(a) "Complainant" means a person who initiates a complaint with the ombudsman.
(b) "Ombudsman" means the child protection ombudsman appointed pursuant to this section.
(2) (a) There is created within the department the position of child protection ombudsman.
The ombudsman shall be appointed by and serve at the pleasure of the executive director.
(b) The ombudsman shall be:
(i) an individual of recognized executive and administrative capacity;
(ii) selected solely with regard to qualifications and fitness to discharge the duties of
ombudsman; and
(iii) have experience in child welfare, and in state laws and policies governing abused,
neglected, and dependent children.
(c) The ombudsman shall devote full time to the duties of office.
(3) (a) Except as provided in Subsection (b), the ombudsman shall, upon receipt of a
complaint from any person, investigate whether an act or omission of the division with respect to
a particular child:
(i) is contrary to statute, rule, or policy;
(ii) places a child's health or safety at risk;
(iii) is made without an adequate statement of reason; or
(iv) is based on irrelevant, immaterial, or erroneous grounds.
(b) The ombudsman may decline to investigate any complaint. If the ombudsman declines
to investigate a complaint or continue an investigation, the ombudsman shall notify the complainant
and the division of the decision and of the reasons for that decision.
(c) The ombudsman may conduct an investigation on his own initiative.
(4) The ombudsman shall:
(a) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make
rules that govern the following:

- 25 -

(i) receiving and processing complaints;
(ii) notifying complainants and the division regarding a decision to investigate or to decline
to investigate a complaint;
(iii) prioritizing workload;
(iv) maximum time within which investigations shall be completed;
(v) conducting investigations;
(vi) notifying complainants and the division regarding the results of investigations; and
(vii) making recommendations based on the findings and results of recommendations;
(b) report findings and recommendations in writing to the complainant and the division, in
accordance with the provisions of this section;
(c) within appropriations from the Legislature, employ staff as may be necessary to carry
out the ombudsman's duties under this part;
(d) provide information regarding the role, duties, and functions of the ombudsman to public
agencies, private entities, and individuals;
(e) annually report to the:
(i) Child Welfare Legislative Oversight Panel;
(ii) governor;
(iii) Board of Child and Family Services;
(iv) executive director of the department; and
(v) director of the division; and
(f) as appropriate, make recommendations to the division regarding individual cases, and
the rules, policies, and operations of the division.
(5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall notify
the complainant and the division of that decision.
(b) The ombudsman may advise a complainant to pursue all administrative remedies or
channels of complaint before pursuing a complaint with the ombudsman. Subsequent to processing
a complaint, the ombudsman may conduct further investigations upon the request of the complainant
or upon the ombudsman's own initiative. Nothing in this subsection precludes a complainant from

- 26 -

making a complaint directly to the ombudsman before pursuing an administrative remedy.
(c) If the ombudsman finds that an individual's act or omission violates state or federal
criminal law, the ombudsman shall immediately report that finding to the appropriate county or
district attorney or to the attorney general.
(d) The ombudsman shall immediately notify the division if the ombudsman finds that a
child needs protective custody, as that term is defined in Section 78-3a-103 .
(e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
Reporting Requirements.
(6) (a) All records of the ombudsman regarding individual cases shall be classified in
accordance with federal law and the provisions of Title 63, Chapter 2, Government Records Access
and Management Act. The ombudsman may make public a report prepared pursuant to this section
in accordance with the provisions of Title 63, Chapter 2, Government Records Access and
Management Act.
(b) The ombudsman shall have access to all of the department's written and electronic
records and databases, including those regarding individual cases. In accordance with Title 63,
Chapter 2, Government Records Access and Management Act, all documents and information
received by the ombudsman shall maintain the same classification that was designated by the
department.
(7) (a) The ombudsman shall prepare a written report of the findings and recommendations,
if any, of each investigation.
(b) The ombudsman shall make recommendations to the division if the ombudsman finds
that:
(i) a matter should be further considered by the division;
(ii) an administrative act should be addressed, modified, or canceled;
(iii) action should be taken by the division with regard to one of its employees; or
(iv) any other action should be taken by the division.
Section 16. Section 62A-4a-250 is amended to read:
62A-4a-250. Separate programs and procedures for minors committed to the custody

- 27 -

of the Division of Child and Family Services on grounds other than abuse or neglect --
Attorney general responsibility.
(1) On or before July 1, 1998, the division shall have established programs designed to meet
the needs of minors who have not been adjudicated as abused or neglected, but who are otherwise
committed to the custody of the division by the juvenile court pursuant to Section 78-3a-118 , and
who are classified in the division's management information system as having been placed in custody
primarily on the basis of delinquent behavior or a status offense.
(2) (a) The processes and procedures designed to meet the needs of children who are abused
or neglected, described in Part 2 and in Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
Proceedings, are not applicable to the minors described in Subsection (1).
(b) The procedures described in Subsection 78-3a-119 (2)(a) are applicable to the minors
described in Subsection (1).
(3) As of July 1, 1998, the attorney general's office has the responsibility to represent the
division with regard to actions involving minors described in Subsection (1). Nothing in this section
may be construed to affect the responsibility of the county attorney or district attorney to represent
the state in those matters, in accordance with Section 78-3a-116 .
Section 17. Section 62A-4a-402 is amended to read:
62A-4a-402. Definitions.
As used in this part:
(1) "A person responsible for a child's care" means the child's parent, guardian, or other
person responsible for the child's care, whether in the same home as the child, a relative's home, a
group, family, or center day care facility, a foster care home, or a residential institution.
(2) "Child" means a person under 18 years of age.
(3) "Child abuse or neglect" means causing harm or threatened harm to a child's health or
welfare.
(4) "Harm or threatened harm" means damage or threatened damage to the physical or
emotional health and welfare of a child through neglect or abuse, and includes but is not limited to:
(a) causing nonaccidental physical or mental injury[,];

- 28 -

(b) incest[,];
(c) sexual abuse[,];
(d) sexual exploitation[,];
(e) molestation[,]; or
(f) repeated negligent treatment or maltreatment.
(5) "Incest" means having sexual intercourse with a person whom the perpetrator knows to
be his or her ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. The
relationships referred to in this subsection include blood relationships of the whole or half blood
without regard to legitimacy, and include relationships of parent and child by adoption, and
relationships of stepparent and stepchild while the marriage creating the relationship of a stepparent
and stepchild exists.
(6) "Molestation" means touching the anus or any part of the genitals of a child or otherwise
taking indecent liberties with a child, or causing a child to take indecent liberties with the perpetrator
or another with the intent to arouse or gratify the sexual desire of any person.
(7) "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or
molestation directed towards a child.
(8) "Sexual exploitation of minors" means knowingly employing, using, persuading,
inducing, enticing or coercing any minor to pose in the nude for the purpose of sexual arousal of any
person or for profit, or to engage in any sexual or simulated sexual conduct for the purpose of
photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct,
and includes displaying, distributing, possessing for the purpose of distribution, or selling material
depicting minors in the nude or engaging in sexual or simulated sexual conduct.
(9) "Subject" or "subject of the report" means any person reported under this part, including,
but not limited to, a child, parent, guardian, or other person responsible for a child's care.
[(10) "Unfounded report" means a report made pursuant to this part which, after
investigation, is not supported by credible evidence.]
Section 18. Section 62A-4a-409 is amended to read:
62A-4a-409. Investigation by division -- Temporary protective custody.

- 29 -

(1) The division shall make a thorough investigation upon receiving either an oral or written
report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, when there is
reasonable cause to suspect a situation of abuse, neglect, fetal alcohol syndrome, or fetal drug
dependency. The primary purpose of that investigation shall be protection of the child.
(2) The investigation may include inquiry into the child's home environment, emotional, or
mental health, nature and extent of injuries, and physical safety.
(3) The division shall make a written report of its investigation. The written report shall
include a determination regarding whether the alleged abuse or neglect was substantiated[,] or
unsubstantiated[, or inconclusive].
(4) (a) The division shall use an interdisciplinary approach whenever possible in dealing
with reports made under this part.
(b) For this purpose, the division shall convene appropriate interdisciplinary "child
protection teams" to assist it in its protective, diagnostic, assessment, treatment, and coordination
services.
(c) A representative of the division shall serve as the team's coordinator and chair. Members
of the team shall serve at the coordinator's invitation, and whenever possible, the team shall include
representatives of health, mental health, education, law enforcement agencies, and other appropriate
agencies or individuals.
(5) In any case where the division supervises, governs, or directs the affairs of any
individual, institution, or facility that has been alleged to be involved in acts or omissions of child
abuse or neglect, the investigation of the reported child abuse or neglect shall be conducted by an
agency other than the division.
(6) If a report of neglect is based upon or includes an allegation of educational neglect the
division shall immediately consult with school authorities to verify the child's status in accordance
with Sections 53A-11-101 through 53A-11-103 .
(7) When the division has completed its initial investigation under this part, it shall give
notice of that completion to the person who made the initial report.
(8) Division workers or other child protection team members have authority to enter upon

- 30 -

public or private premises, using appropriate legal processes, to investigate reports of alleged child
abuse or neglect.
(9) In accordance with the procedures and requirements of Sections 62A-4a-202.1 through
62A-4a-202.3 and 78-3a-301 , a division worker or child protection team member may take a child
into protective custody, and deliver the child to a law enforcement officer, or place the child in an
emergency shelter facility approved by the juvenile court, at the earliest opportunity subsequent to
the child's removal from its original environment. Control and jurisdiction over the child is
determined by the provisions of Title 78, Chapter 3a, and as otherwise provided by law.
Section 19. Section 62A-4a-412 is amended to read:
62A-4a-412. Reports and information confidential.
(1) Except as otherwise provided in this chapter, reports made pursuant to this part, as well
as any other information in the possession of the division obtained as the result of a report is
confidential and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected child
abuse or neglect;
(b) a physician who reasonably believes that a child may be the subject of abuse or neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a child who
is the subject of a report;
(d) any subject of the report, the natural parents of the minor, and the guardian ad litem;
(e) a court, upon a finding that access to the records may be necessary for the determination
of an issue before it;
(f) an office of the public prosecutor or its deputies; [and]
(g) a person authorized by a Childrens' Justice Center, for the purposes described in Section
67-5b-102 ; and
[(g)] (h) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses.
(2) The division and law enforcement officials shall ensure the anonymity of the person or
persons making the initial report and any others involved in its subsequent investigation.

- 31 -

(3) Any person who wilfully permits, or aides and abets the release of data or information
obtained as a result of this part, in the possession of the division or contained in the central register,
in violation of this part, is guilty of a class C misdemeanor.
(4) The physician-patient privilege is not a ground for excluding evidence regarding a child's
injuries or the cause of those injuries, in any proceeding resulting from a report made in good faith
pursuant to this part.
Section 20. Section 67-5-16 is enacted to read:
67-5-16. Child protective services investigators within attorney general's office --
Authority.
The attorney general may employ, with the consent of the Division of Child and Family
Services within the Department of Human Services, and in accordance with Section 62A-4a-202.6 ,
child protective services investigators to investigate alleged instances of abuse or neglect of a child
that occur while a child is in the custody of the Division of Child and Family Services. Those
investigators may also investigate reports of abuse or neglect of a child by an employee of the
Department of Human Services, or involving a person or entity licensed to provide substitute care
for children in the custody of the Division of Child and Family Services.
Section 21. Section 78-3a-103 is amended to read:
78-3a-103. Definitions.
(1) As used in this chapter:
(a) "Abused child" includes a minor less than 18 years of age who:
(i) has suffered or been threatened with nonaccidental physical or mental harm, negligent
treatment, or sexual exploitation[,]; or [who]
(ii) has been the victim of any sexual abuse.
(b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
alleged in the petition have been proved.
(c) "Adult" means a person 18 years of age or over, except that persons 18 years or over
under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall be referred
to as minors.

- 32 -

(d) "Board" means the Board of Juvenile Court Judges.
(e) "Child placement agency" means:
(i) a private agency licensed to receive minors for placement or adoption under this code;
or
(ii) a private agency receiving minors for placement or adoption in another state, which
agency is licensed or approved where such license or approval is required by law.
(f) "Commit" means to transfer legal custody.
(g) "Court" means the juvenile court.
(h) "Dependent child" includes a minor who is homeless or without proper care through no
fault of his parent, guardian, or custodian.
(i) "Deprivation of custody" means transfer of legal custody by the court from a parent or
the parents or a previous legal custodian to another person, agency, or institution.
(j) "Detention" means home detention and secure detention as defined in Section 62A-7-101
for the temporary care of minors who require secure custody in physically restricting facilities:
(i) pending court disposition or transfer to another jurisdiction; or
(ii) while under the continuing jurisdiction of the court.
(k) "Formal referral" means a written report from a peace officer or other person informing
the court that a minor is or appears to be within the court's jurisdiction and that a petition may be
filed.
(l) "Group rehabilitation therapy" means psychological and social counseling of one or more
persons in the group, depending upon the recommendation of the therapist.
(m) "Guardianship of the person" includes the authority to consent to marriage, to enlistment
in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal custody, if legal
custody is not vested in another person, agency, or institution.
(n) "Legal custody" means a relationship embodying the following rights and duties:
(i) the right to physical custody of the minor;
(ii) the right and duty to protect, train, and discipline the minor;
(iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary

- 33 -

medical care;
(iv) the right to determine where and with whom the minor shall live; and
(v) the right, in an emergency, to authorize surgery or other extraordinary care.
(o) "Minor" means a person under the age of 18 years. It includes the term "child" as used
in other parts of this chapter.
(p) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's
noncustodial parent.
(q) (i) "Neglected child" means a minor:
(A) whose parent, guardian, or custodian has abandoned or subjected the minor to
mistreatment or abuse;
(B) who lacks proper parental care by reason of the fault or habits of the parent, guardian,
or custodian;
(C) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
subsistence, education, or medical care, including surgery or psychiatric services when required, or
any other care necessary for health, safety, morals, or well-being; or
(D) who is at risk of being a neglected or abused child as defined in this chapter because
another minor in the same home is a neglected or abused child as defined in this chapter.
(ii) The aspect of neglect related to education, described in Subsection (1)(q)(i)(C), means
that, after receiving notice that a minor has been frequently absent from school without good cause,
or that the minor has failed to cooperate with school authorities in a reasonable manner, a parent or
guardian fails to make a good faith effort to ensure that the minor receives an appropriate education.
(iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
does not provide specified medical treatment for a minor, is not guilty of neglect.
(r) "Nonjudicial adjustment" means closure of the case by the assigned probation officer
without judicial determination upon the consent in writing of the minor, the parent, legal guardian
or custodian, and the assigned probation officer.
(s) "Probation" means a legal status created by court order following an adjudication on the
ground of a violation of law or under Section 78-3a-104 , whereby the minor is permitted to remain

- 34 -

in his home under prescribed conditions and under supervision by the probation department or other
agency designated by the court, subject to return to the court for violation of any of the conditions
prescribed.
(t) "Protective supervision" means a legal status created by court order following an
adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
remain in his home, and supervision and assistance to correct the abuse, neglect, or dependency is
provided by the probation department or other agency designated by the court.
(u) "Residual parental rights and duties" means those rights and duties remaining with the
parent after legal custody or guardianship, or both, have been vested in another person or agency,
including the responsibility for support, the right to consent to adoption, the right to determine the
child's religious affiliation, and the right to reasonable visitation unless restricted by the court. If no
guardian has been appointed, "residual parental rights and duties" also include the right to consent
to marriage, to enlistment, and to major medical, surgical, or psychiatric treatment.
(v) "Secure facility" means any facility operated by or under contract with the Division of
Youth Corrections, that provides 24-hour supervision and confinement for youth offenders
committed to the division for custody and rehabilitation.
(w) "Shelter" means the temporary care of minors in physically unrestricted facilities
pending court disposition or transfer to another jurisdiction.
(x) "Termination of parental rights" means the permanent elimination of all parental rights
and duties, including residual parental rights and duties, by court order.
(y) "Therapist" means a person employed by a state division or agency for the purpose of
conducting psychological treatment and counseling of a minor in its custody, or any other person
licensed or approved by the state for the purpose of conducting psychological treatment and
counseling.
(2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
Division of Child and Family Services:
(a) "Custody" means the custody of a minor in the Division of Child and Family Services
as of the date of disposition.

- 35 -

(b) "Protective custody" means the shelter of a minor by the Division of Child and Family
Services from the time the minor is removed from home until the shelter hearing, or the minor's
return home, whichever occurs earlier.
(c) "Temporary custody" means the custody of a minor in the Division of Child and Family
Services from the date of the shelter hearing until disposition.
[(3) In determining whether a minor is neglected or abused, as defined in this section, it may
be presumed that the person having the minor under his direct and exclusive care and control at the
time of the abuse is responsible for the neglect or abuse.]
Section 22. Section 78-3a-104 is amended to read:
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming 18
years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
(b) a person 21 years of age or older who has failed or refused to comply with an order of
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders;
(c) a minor who is an abused child, neglected child, or dependent child, as those terms are
defined in Section 78-3a-103 ;
(d) a protective order for a minor who is alleged to be an abused child or neglected child,
except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent of the
minor against a natural parent of the minor;
[(d)] (e) the determination of the custody of a minor or to appoint a guardian of the person
or other guardian of a minor who comes within the court's jurisdiction under other provisions of this
section;
[(e)] (f) the termination of the legal parent-child relationship in accordance with Part 4,
Termination of Parental Rights Act, including termination of residual parental rights and duties;

- 36 -

[(f)] (g) the treatment or commitment of a mentally retarded minor;
[(g)] (h) a minor who, in defiance of earnest and persistent efforts on the part of his parents
and school authorities as required under Section 53A-11-103 , is a habitual truant from school;
[(h)] (i) the judicial consent to the marriage of a minor under age 16 upon a determination
of voluntariness or where otherwise required by law, employment, or enlistment of a minor when
consent is required by law;
[(i)] (j) any parent or parents of a minor committed to a secure youth corrections facility, to
order, at the discretion of the court and on the recommendation of a secure youth corrections facility,
the parent or parents of a minor committed to a secure youth corrections facility for a custodial term,
to undergo group rehabilitation therapy under the direction of a secure youth corrections facility
therapist, who has supervision of that parent's or parents' minor, or any other therapist the court may
direct, for a period directed by the court as recommended by a secure youth corrections facility;
[(j)] (k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
[(k)] (l) the treatment or commitment of a mentally ill child. The court may commit a child
to the physical custody of a local mental health authority or to the legal custody of the Division of
Mental Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part
2A, Commitment of Persons Under Age 18 to Division of Mental Health. The court may not
commit a child directly to the Utah State Hospital; and
[(l)] (m) the commitment of a minor in accordance with Section 62A-8-501 .
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except that
the court shall have exclusive jurisdiction over the following traffic offenses committed by a minor
under 18 years of age:
(a) Section 76-5-207 , automobile homicide;
(b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
(c) Section 41-6-45 , reckless driving;
(d) Section 41-1a-1311 , unauthorized control over a motor vehicle, trailer, or semitrailer;

- 37 -

(e) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
an extended period of time; and
(f) Section 41-6-13.5 , fleeing a peace officer.
(3) The court also has jurisdiction over traffic offenses that are part of a single criminal
episode filed in a petition that contains an offense over which the court has jurisdiction.
(4) The juvenile court has jurisdiction over questions of custody, support, and visitation
certified to it by the district court pursuant to Section 78-3a-105 .
(5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that minor where, despite earnest and persistent
efforts by the division or agency, the minor has demonstrated that he:
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities to
the extent that his behavior or condition endangers his own welfare or the welfare of others; or
(b) has run away from home.
(6) This section does not restrict the right of access to the juvenile court by private agencies
or other persons.
(7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
under Section 78-3a-602 .
Section 23. Section 78-3a-105 is amended to read:
78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
(1) The district court or other court has concurrent jurisdiction with the juvenile court as
follows:
(a) when a person who is 18 years of age or older and who is under the continuing
jurisdiction of the juvenile court under Section 78-3a-118 violates any federal, state, or local law or
municipal ordinance; [and]
(b) in adoption proceedings, when the juvenile court has previously entered an order
terminating the rights of a parent, and finds that adoption is in the best interest of the minor[.];
adoption proceedings under this section shall be conducted in accordance with the procedures

- 38 -

described in Title 78, Chapter 30, Adoption[.];
(c) in establishing paternity and ordering testing for the purposes of establishing paternity,
in accordance with Title 78, Chapter 45a, Uniform Act on Paternity, with regard to proceedings
initiated under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 4, Termination of
Parental Rights Act; and
(d) in proceedings brought on behalf of a minor pursuant to Title 30, Chapter 6, Cohabitant
Abuse Act, unless the petition is filed by a natural parent of the minor against a natural parent of the
minor.
(2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate if
the court otherwise has jurisdiction over the minor.
(3) (a) This section does not deprive the district court of jurisdiction to appoint a guardian
for a minor, or to determine the support, custody, and visitation of a minor upon writ of habeas
corpus or when the question of support, custody, and visitation is incidental to the determination of
a cause in the district court.
(b) However, if a petition involving the same minor is pending in the juvenile court or the
juvenile court has previously acquired continuing jurisdiction over the same minor, the district court
shall certify the question of support, custody, and visitation to the juvenile court for determination.
(4) When a question is certified to the juvenile court under Subsection (3), the findings and
order of the juvenile court judge are the order of the district court.
(5) (a) Where a support, custody, or visitation award has been made by a district court in a
divorce action or other proceeding, and the jurisdiction of the district court in the case is continuing,
the juvenile court may acquire jurisdiction in a case involving the same minor if the minor is
dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile court under
Section 78-3a-104 .
(b) The juvenile court may, by order, change the custody, support, and visitation rights
previously ordered in the district court as necessary to implement the order of the juvenile court for
the safety and welfare of the minor. The juvenile court order remains in effect so long as the
jurisdiction of the juvenile court continues.

- 39 -

(6) When a copy of the findings and order of the juvenile court has been filed with the
district court, the findings and order of the juvenile court are binding on the parties to the divorce
action as though entered in the district court.
Section 24. Section 78-3a-116 is amended to read:
78-3a-116. Hearings -- Record -- County attorney or district attorney responsibilities
-- Attorney general responsibilities -- Admissibility of evidence.
(1) A verbatim record of the proceedings shall be taken by an official court reporter or by
means of a mechanical recording device in all cases that might result in deprivation of custody as
defined in this chapter. In all other cases a verbatim record shall also be made unless dispensed with
by the court.
(2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
prosecution district, the district attorney shall represent the state in any proceeding in a minor's case.
(b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
Family Services, and Title 78, Chapter 3a, Juvenile Courts, relating to:
(i) protection or custody of an abused, neglected, or dependent child[,]; and
(ii) petitions for termination of parental rights.
(c) The attorney general shall represent the Division of Child and Family Services in actions
involving minors who have not been adjudicated as abused or neglected, but who are otherwise
committed to the custody of that division by the juvenile court, and who are classified in the
division's management information system as having been placed in custody primarily on the basis
of delinquent behavior or a status offense. Nothing in this Subsection (2)(c) may be construed to
affect the responsibility of the county attorney or district attorney to represent the state in those
matters, in accordance with the provisions of Subsection (2)(a).
(3) The board may adopt special rules of procedure to govern proceedings involving
violations of traffic laws or ordinances, fish and game laws, and boating laws. However,
proceedings involving offenses under Section 78-3a-506 are governed by that section regarding
suspension of driving privileges.
(4) (a) For the purposes of determining proper disposition of the minor in dispositional

- 40 -

hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and in
hearings upon petitions for termination of parental rights, written reports and other material relating
to the minor's mental, physical, and social history and condition may be received in evidence and
may be considered by the court along with other evidence. The court may require that the person
who wrote the report or prepared the material appear as a witness if the person is reasonably
available.
(b) For the purpose of determining proper disposition of [the] a minor alleged to be or
adjudicated as abused, neglected, or dependent, dispositional reports prepared by Foster Care Citizen
Review Boards pursuant to Section 78-3g-103 may be received in evidence and may be considered
by the court along with other evidence. The court may require any person who participated in
preparing the dispositional report to appear as a witness, if the person is reasonably available.
(5) For the purpose of establishing the fact of abuse, neglect, or dependency, the court may,
in its discretion, consider evidence of statements made by a minor under eight years of age to a
person in a trust relationship.
Section 25. Section 78-3a-118 is amended to read:
78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
Enumeration of possible court orders -- Considerations of court.
(1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the court
shall so adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction
over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1), findings of fact
are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of Title
76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to the
school superintendent of the district in which the minor resides or attends school. Notice shall be
made to the district superintendent within three days and shall include the specific offenses for which
the minor was adjudicated.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in the

- 41 -

minor's own home and upon conditions determined by the court, including community service as
provided in Section 78-11-20.7 .
(ii) If the court orders probation, the court shall direct that notice of its order be provided to
designated persons in the local law enforcement agency and the school or transferee school, if
applicable, which the minor attends. The designated persons may receive the information for
purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
Section 63-30-4 ; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing violation
of Section 63-2-801 .
(b) The court may place the minor in the legal custody of a relative or other suitable person,
with or without probation or protective supervision, but the juvenile court may not assume the
function of developing foster home services.
(c) (i) The court may vest legal custody of the minor in the Division of Child and Family
Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
Department of Human Services to provide dispositional recommendations and services.
(ii) Minors who are committed to the custody of the Division of Child and Family Services
on grounds other than abuse or neglect are subject to the provisions of Part 3A, Minors in Custody
on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter 4a, Part 2A, Minors in Custody
on Grounds Other Than Abuse or Neglect. Prior to making a recommendation that the court place
a minor in the custody of the Division of Child and Family Services on grounds other than abuse or
neglect, the probation department shall provide the division adequate with notice for the division to
attend the hearing.
(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
confinement.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or

- 42 -

dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
Corrections.
(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
over him, to the temporary custody of the Division of Youth Corrections for observation and
evaluation for a period not to exceed 90 days.
(f) (i) The court may commit the minor to a place of detention or an alternative to detention
for a period not to exceed 30 days subject to the court retaining continuing jurisdiction over the
minor.
(ii) Subsection (f) applies only to those minors adjudicated for an act which if committed
by an adult would be a criminal offense or for contempt of court under Section 78-3a-901 . This
commitment may be stayed or suspended upon conditions ordered by the court.
(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
Division of Child and Family Services or any other appropriate person in accordance with the
requirements and procedures of Part 3, Abuse, Neglect, and Dependency Proceedings.
(h) The court may place the minor on a ranch or forestry camp, or similar facility for care
and also for work, if possible, if the person, agency, or association operating the facility has been
approved or has otherwise complied with all applicable state and local laws. A minor placed in a
forestry camp or similar facility may be required to work on fire prevention, forestation and
reforestation, recreational works, forest roads, and on other works on or off the grounds of the
facility and may be paid wages, subject to the approval of and under conditions set by the court.
(i) The court may order that the minor be required to repair, replace, or otherwise make
restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
stated in Section 78-3a-318 , and may impose fines in limited amounts.
(j) The court may issue orders necessary for the collection of restitution and fines ordered
by the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development of
employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
and for other purposes considered desirable by the court.

- 43 -

(ii) Consistent with the order of the court, the probation officer may permit the minor found
to be within the jurisdiction of the court to participate in a program of work restitution or community
service in lieu of paying part or all of the fine imposed by the court. The work restitution or
community service permitted by the probation officer may not affect the amount of the surcharge.
(l) In violations of traffic laws within the court's jurisdiction, the court may, in addition to
any other disposition, restrain the minor from driving for periods of time the court considers
necessary and take possession of the minor's driver license. However, proceedings involving an
offense under Section 78-3a-506 are governed by that section regarding suspension of driving
privileges.
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia Act,
or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to any
fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no more
than 100 hours, of community service. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as community service hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the minor
perform a minimum of 20 hours, but no more than 100 hours of community service, in addition to
any fines or fees otherwise imposed. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as community service hours.
(n) The court may order that the minor be examined or treated by a physician, surgeon,
psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
place the minor in a hospital or other suitable facility.
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
of the minor, and may appoint a public or private institution or agency as guardian in which legal
custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a

- 44 -

private agency or institution, the court shall give primary consideration to the welfare of the minor.
When practicable, the court may take into consideration the religious preferences of the minor and
of the minor's parents.
(p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
other person who has been made a party to the proceedings. Conditions may include:
(A) visitation by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other counseling
program may be credited by the court for detention, confinement, or probation time.
(q) The court may order the minor to be placed in the legal custody of the Division of Mental
Health or committed to the physical custody of a local mental health authority, in accordance with
the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment of Persons Under
Age 18 to Division of Mental Health.
(r) The court may make an order committing a minor within its jurisdiction to the Utah State
Developmental Center if the minor has been found mentally retarded in accordance with the
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The procedure
applicable in the district courts with respect to judicial commitments to the Utah State
Developmental Center shall be followed by the juvenile court in these cases.
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Part 4, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or as
required for the protection of the public, except that a person younger than 18 years of age may not
be committed to jail or prison, and offenses under Section 78-3a-506 are governed by that section
regarding suspension of driving privileges.
(u) The court may combine several of the above-listed modes of disposition if they are

- 45 -

compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their minors. The court may transfer custody of a minor to another
person, agency, or institution in accordance with the requirements and procedures of Part 3, Abuse,
Neglect, and Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation or
placement of a minor with an individual or an agency shall include a date certain for a review of the
case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making
adoptable minors available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
a relative or individual of a minor where the court has previously acquired jurisdiction as a result of
an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
78-3a-105 (4).
(ii) Such orders remain in effect until the minor reaches majority and are not subject to
review under Section 78-3a-119 , but may be modified by petition or motion as provided in Section
78-3a-903 .
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction of the
juvenile court.
Section 26. Section 78-3a-301 is amended to read:
78-3a-301. Removing a child from his home -- Grounds for removal.
(1) The Division of Child and Family Services may not remove a child from the custody of
his natural parent unless there is substantial cause to believe that any one of the following exist:
(a) there is a substantial danger to the physical health or safety of the minor and the minor's
physical health or safety may not be protected without removing him from his parent's custody. If
a minor has previously been adjudicated as abused, neglected, or dependent, and a subsequent
incident of abuse, neglect, or dependency occurs, that fact constitutes prima facie evidence that the

- 46 -

child cannot safely remain in the custody of his parent;
(b) the minor is suffering emotional damage, as may be indicated by, but not limited to,
extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self or others, and
there are no reasonable means available by which the minor's emotional health may be protected
without removing the minor from the custody of his parent;
(c) the minor or another minor residing in the same household has been physically or
sexually abused, or is deemed to be at substantial risk of being physically or sexually abused, by a
parent, a member of the parent's household, or other person known to the parent. If a parent has
received actual notice that physical or sexual abuse by a person known to the parent has occurred,
and there is evidence that the parent has allowed the child to be in the physical presence of the
alleged abuser, that fact constitutes prima facie evidence that the child is at substantial risk of being
physically or sexually abused;
(d) the parent is unwilling to have physical custody of the child;
(e) the minor has been left without any provision for his support;
(f) a parent who has been incarcerated or institutionalized has not or cannot arrange for safe
and appropriate care for the minor;
(g) a relative or other adult custodian with whom the minor has been left by the parent is
unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
unknown, and reasonable efforts to locate him have been unsuccessful;
(h) the minor is in immediate need of medical care;
(i) the physical environment or the fact that the child is left unattended poses a threat to the
child's health or safety;
(j) the minor or another minor residing in the same household has been [severely] neglected;
[or]
(k) an infant has been abandoned, as defined in Section 78-3a-313.5 ;
(l) the parent, or an adult residing in the same household as the parent, has been charged or
arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act, and any clandestine laboratory
operation, as defined in Section 58-37d-3 , was located in the residence or on the property where the

- 47 -

child resided; or
[(k)] (m) the child's welfare is otherwise endangered, as documented by the caseworker.
(2) The Division of Child and Family Services may not remove a minor from the custody
of his natural parent solely on the basis of educational neglect.
(3) (a) A minor removed from the custody of his natural parent under this section may not
be placed or kept in a secure detention facility pending court proceedings unless the minor is
detainable based on guidelines promulgated by the Division of Youth Corrections.
(b) A minor removed from the custody of his natural parent but who does not require
physical restriction shall be given temporary care in a shelter facility.
Section 27. Section 78-3a-305 is amended to read:
78-3a-305. Petition filed -- Protective orders.
(1) Any interested [party] person may file a petition to commence proceedings in the
juvenile court alleging that a minor is abused, neglected, or dependent.
(2) Any interested person may file a petition seeking a protective order on behalf of a minor
who is alleged to be an abused child or a neglected child, except as provided in Sections 78-3a-104
and 78-3a-105 .
[(2)] (3) If the child who is the subject of a petition was removed from his home by the
Division of Child and Family Services that petition shall be filed on or before the date of the initial
shelter hearing described in Section 78-3a-306 .
[(3)] (4) The petition shall be verified, and contain all of the following:
(a) the name, age, and address, if any, of the minor upon whose behalf the petition is
brought;
(b) the names and addresses, if known to the petitioner, of both parents and any guardian of
the minor;
(c) a concise statement of facts, separately stated, to support the conclusion that the minor
upon whose behalf the petition is being brought is abused, neglected, or dependent; and
(d) a statement regarding whether the minor is in protective custody, and if so, the date and
precise time the minor was taken into protective custody.

- 48 -

Section 28. Section 78-3a-305.1 is enacted to read:
78-3a-305.1. Presumption of responsibility.
In determining whether a minor is an abused child or neglected child it may be presumed that
the person having the minor under his direct and exclusive care and control at the time of the abuse
is responsible for the abuse or neglect.
Section 29. Section 78-3a-306 is amended to read:
78-3a-306. Shelter hearing.
(1) [A] With regard to a child who has been removed by the Division of Child and Family
Services, or who is in the protective custody of the division, a shelter hearing shall be held within
72 hours after removal of [a] the child from his home, excluding weekends and holidays.
(2) Upon removal of a child from his home and receipt of that child into protective custody,
the division shall issue a notice that contains all of the following:
(a) the name and address of the person to whom the notice is directed;
(b) the date, time, and place of the shelter hearing;
(c) the name of the minor on whose behalf a petition is being brought;
(d) a concise statement regarding the allegations and code sections under which the
proceeding has been instituted;
(e) a statement that the parent or guardian to whom notice is given, and the minor, are
entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
provided; and
(f) a statement that the parent or guardian is liable for the cost of support of the minor in the
protective custody, temporary custody, and custody of the division, and the cost for legal counsel
appointed for the parent or guardian under Subsection (2)(e), according to his financial ability.
(3) That notice shall be personally served as soon as possible, but at least 24 hours prior to
the time set for the shelter hearing, on:
(a) the appropriate guardian ad litem; and
(b) both parents and any guardian of the minor, unless they cannot be located.

- 49 -

(4) The following persons shall be present at the shelter hearing:
(a) the child, unless it would be detrimental for the child;
(b) the child's parents or guardian, unless they cannot be located, or fail to appear in response
to the notice;
(c) counsel for the parents, if one has been requested;
(d) the child's guardian ad litem;
(e) the caseworker from the Division of Child and Family Services who has been assigned
to the case; and
(f) the attorney from the attorney general's office who is representing the division.
(5) (a) At the shelter hearing, the court shall provide an opportunity for the minor's parent
or guardian, if present, and any other person having relevant knowledge, to provide relevant
testimony. The court may also provide an opportunity for the minor to testify.
(b) The court may consider all relevant evidence, in accordance with the Utah Rules of
Juvenile Procedure. The court shall hear relevant evidence presented by the minor, his parent or
guardian, the requesting party, or their counsel, but may in its discretion limit testimony and
evidence to only that which goes to the issues of removal and the child's need for continued
protection.
(6) If the child is in the protective custody of the division, the division shall report to the
court:
(a) the reasons why the minor was removed from the parent's or guardian's custody;
(b) any services provided to the child and his family in an effort to prevent removal;
(c) the need, if any, for continued shelter;
(d) the available services that could facilitate the return of the minor to the custody of his
parent or guardian; and
(e) whether the child has any relatives who may be able and willing to take temporary
custody.
(7) If necessary to protect the child, preserve the rights of a party, or for other good cause
shown, the court may grant no more than one time-limited continuance, not to exceed five judicial

- 50 -

days.
(8) The court shall order that the minor be released from the protective custody of the
division unless it finds, by a preponderance of the evidence, that any one of the following exist:
(a) there is a substantial danger to the physical health or safety of the minor and the minor's
physical health or safety may not be protected without removing him from his parent's custody. If
a minor has previously been adjudicated as abused, neglected, or dependent and a subsequent
incident of abuse, neglect, or dependency occurs, that fact constitutes prima facie evidence that the
child cannot safely remain in the custody of his parent;
(b) the minor is suffering emotional damage, as may be indicated by, but is not limited to,
extreme anxiety, depression, withdrawal, or negative aggressive behavior toward self or others, and
there are no reasonable means available by which the minor's emotional health may be protected
without removing the minor from the custody of his parent;
(c) the minor or another minor residing in the same household has been physically or
sexually abused, or is deemed to be at substantial risk of being physically or sexually abused, by a
parent, a member of the parent's household, or other person known to the parent. If a parent has
received actual notice that physical or sexual abuse by a person known to the parent has occurred,
and there is evidence that the parent has allowed the child to be in the physical presence of the
alleged abuser, that fact constitutes prima facie evidence that the child is at substantial risk of being
physically or sexually abused;
(d) the parent is unwilling to have physical custody of the child;
(e) the minor has been left without any provision for his support;
(f) a parent who has been incarcerated or institutionalized has not or cannot arrange for safe
and appropriate care for the minor;
(g) a relative or other adult custodian with whom the minor has been left by the parent is
unwilling or unable to provide care or support for the minor, the whereabouts of the parent are
unknown, and reasonable efforts to locate him have been unsuccessful;
(h) the minor is in immediate need of medical care;
(i) the physical environment or the fact that the child is left unattended poses a threat to the

- 51 -

child's health or safety;
(j) the minor or another minor residing in the same household has been [severely] neglected;
[or]
(k) the parent, or an adult residing in the same household as the parent, has been charged or
arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act, and any clandestine laboratory
operation, as defined in Section 58-37d-3 , was located in the residence or on the property where the
child resided; or
[(k)] (l) the child's welfare is otherwise endangered.
(9) (a) The court shall also make a determination on the record as to whether reasonable
efforts were made to prevent or eliminate the need for removal of the minor from his home and
whether there are available services that would prevent the need for continued removal. If the court
finds that the minor can be safely returned to the custody of his parent or guardian through the
provision of those services, it shall place the minor with his parent or guardian and order that those
services be provided by the division.
(b) In making that determination, and in ordering and providing services, the child's health,
safety, and welfare shall be the paramount concern, in accordance with federal law.
(10) Where the division's first contact with the family occurred during an emergency
situation in which the child could not safely remain at home, [even with reasonable services being
provided,] the court shall make a finding that any lack of preplacement preventive efforts was
[reasonable] appropriate.
(11) In cases where [obvious] actual sexual abuse or abandonment, or serious physical abuse
or neglect are involved, neither the division nor the court has any duty to make "reasonable efforts"
or to, in any other way, attempt to maintain a child in his home, return a child to his home, provide
reunification services, or attempt to rehabilitate the offending parent or parents. [The court may,
however, determine that those services or efforts would be reasonable in specific circumstances, and
order the division to provide those services.]
(12) The court may not order continued removal of a minor solely on the basis of educational
neglect as described in Subsection 78-3a-103 (1)(q)(ii).

- 52 -

(13) (a) Whenever a court orders continued removal of a minor under this section, it shall
state the facts on which that decision is based.
(b) If no continued removal is ordered and the minor is returned home, the court shall state
the facts on which that decision is based.
(14) If the court finds that continued removal and temporary custody is necessary for the
protection of a child because harm may result to the child if he were returned home, it shall order
continued removal regardless of any error in the initial removal of the child, or the failure of a party
to comply with notice provisions, or any other procedural requirement of this chapter or Title 62A,
Chapter 4a, Family Services.
Section 30. Section 78-3a-307 is amended to read:
78-3a-307. Shelter hearing -- Placement with a noncustodial parent or relative -- DCFS
custody.
(1) (a) At the shelter hearing, when the court orders that a child be removed from the custody
of his parent in accordance with the requirements of Section 78-3a-306 , the court shall first
determine whether there is another natural parent as defined in Subsection (b), with whom the child
was not residing at the time the events or conditions that brought him within the court's jurisdiction
occurred, who desires to assume custody of the child. If that parent requests custody, the court shall
place the minor with that parent unless it finds that the placement would be unsafe or otherwise
detrimental to the child. The provisions of this Subsection (1) are limited by the provisions of
Subsection (8)(b).
(b) Notwithstanding the provisions of Section 78-3a-103 , for purposes of this section
"natural parent" includes only a biological or adoptive [parent whose consent for adoption would be
required pursuant to Section 78-30-4.14] mother, an adoptive father, or a biological father who was
married to the child's biological mother at the time the child was conceived or born, or who has
strictly complied with the provisions of Section 78-30-4.14 prior to removal of the child or voluntary
surrender of the child by the custodial parent. This definition applies regardless of whether the child
has been or will be placed with adoptive parents or whether adoption has been or will be considered
as a long term goal for the child.

- 53 -

(c) (i) The court shall make a specific finding regarding the fitness of that parent to assume
custody, and the safety and appropriateness of the placement.
(ii) The court shall, at a minimum, order the division to visit the parent's home, perform
criminal background checks described in Sections 78-3a-307.1 and 62A-4a-202.4 , and check the
division's management information system for any previous reports of abuse or neglect received by
the division regarding the parent at issue.
(iii) The court may order the Division of Child and Family Services to conduct any further
investigation regarding the safety and appropriateness of the placement.
(iv) The division shall report its findings in writing to the court.
(v) The court may place the child in the temporary custody of the division, pending its
determination regarding that placement.
(2) If the court orders placement with a parent under Subsection (1), the child and the parent
are under the continuing jurisdiction of the court. The court may order that the parent assume
custody subject to the supervision of the court, and order that services be provided to the parent from
whose custody the child was removed, the parent who has assumed custody, or both. The court may
also provide for reasonable visitation with the parent from whose custody the child was removed,
if that is in the best interest of the child. The court's order shall be periodically reviewed to
determine whether:
(a) placement with the parent continues to be in the child's best interest;
(b) the child should be returned to the original custodial parent;
(c) the child should be placed with a relative, pursuant to Subsection (5); or
(d) the child should be placed in the custody of the division.
(3) The time limitations described in Section 78-3a-311 with regard to reunification efforts,
apply to children placed with a previously noncustodial parent in accordance with Subsection (1).
(4) Legal custody of the child is not affected by an order entered under Subsection (1) or (2).
In order to affect a previous court order regarding legal custody, the party must petition that court
for modification of the order.
(5) (a) If, at the time of the shelter hearing, a child is removed from the custody of his parent

- 54 -

and is not placed in the custody of his other parent, the court shall, at that time, determine whether
there is a relative who is able and willing to care for the child. The court may order the Division of
Child and Family Services to conduct a reasonable search to determine whether there are relatives
of the child who are willing and appropriate, in accordance with the requirements of this part and
Title 62A, Chapter 4a, Part 2, Child Welfare Services, for placement of the child. The child may be
placed in the temporary custody of the division pending that determination. This section may not
be construed as a guarantee that an identified relative will receive custody of the child. However,
preferential consideration may be given to a relative's request for placement of the child, if it is in
the best interest of the child, and the provisions of this section are satisfied.
(b) (i) If a willing relative is identified pursuant to Subsection (5)(a), the court shall make
a specific finding regarding the fitness of that relative to assume custody, and the safety and
appropriateness of placement with that relative. In order to be considered a "willing relative" under
this section, the relative shall be willing to cooperate if the child's permanency goal is reunification
with his parent or parents, and be willing to adopt or take permanent custody of the child if that is
determined to be in the best interest of the child.
(ii) The court shall, at a minimum, order the division to conduct criminal background checks
described in Sections 78-3a-307.1 and 62A-4a-202.4 , visit the relative's home, check the division's
management information system for any previous reports of abuse or neglect regarding the relative
at issue, report its findings in writing to the court, and provide sufficient information so that the court
may determine whether:
(A) the relative has any history of abusive or neglectful behavior toward other children that
may indicate or present a danger to this child;
(B) the child is comfortable with the relative;
(C) the relative recognizes the parent's history of abuse and is determined to protect the
child;
(D) the relative is strong enough to resist inappropriate requests by the parent for access to
the child, in accordance with court orders;
(E) the relative is committed to caring for the child as long as necessary; and

- 55 -

(F) the relative can provide a secure and stable environment for the child.
(iii) The court may order the Division of Child and Family Services to conduct any further
investigation regarding the safety and appropriateness of the placement.
(c) The court may place the child in the temporary custody of the division, pending the
division's investigation pursuant to Subsection (b), and the court's determination regarding that
placement. The court shall ultimately base its determination regarding placement with a relative on
the best interest of the child.
(d) For purposes of this section, "relative" means an adult who is a grandparent, great
grandparent, aunt, great aunt, uncle, great uncle, or sibling of the child.
(6) (a) When the court vests physical custody of a child with a relative pursuant to
Subsection (5), it shall order that the relative assume custody subject to the continuing supervision
of the court, and shall order that any necessary services be provided to the minor and the relative.
That [placement] child is not within the temporary custody or custody of the Division of Child and
Family Services. The child and any relative with whom the child is placed are under the continuing
jurisdiction of the court. The court may enter any order that it considers necessary for the protection
and best interest of the child.
(b) (i) Placement with a relative pursuant to Subsection (5) shall be periodically reviewed
by the court, no less often than every six months, to determine whether:
[(a)] (A) placement with the relative continues to be in the child's best interest;
[(b)] (B) the child should be returned home; or
[(c)] (C) the child should be placed in the custody of the division.
[(7) (a) When the court vests custody of a child with a relative pursuant to Subsection (5),
the child is not within the temporary custody or custody of the Division of Child and Family
Services. The child and any relative with whom the child is placed, are under the continuing
jurisdiction of the court. The court may enter any order that it considers necessary for the protection
and best interest of the child.]
(ii) No later than 12 months after placement with a relative the court shall schedule a hearing
for the purpose of entering a permanent order in accordance with the best interest of the child.

- 56 -

(iii) The time limitations described in Section 78-3a-311 , with regard to reunification efforts,
apply to children placed with a relative pursuant to Subsection (5).
[(b)] (7) When the court orders that a child be removed from the custody of his parent and
does not vest custody in another parent or relative under this section, the court shall order that the
child be placed in the temporary custody of the Division of Child and Family Services, to proceed
to adjudication and disposition and to be provided with care and services in accordance with this
chapter and Title 62A, Chapter 4a, Child and Family Services.
(8) (a) Any preferential consideration that a relative may be initially granted pursuant to
Subsection (5) expires 30 days from the date of the shelter hearing. After that time period has
expired, a relative who has not obtained custody or asserted an interest in a child, may not be granted
preferential consideration by the division or the court.
(b) When a period of 30 days from the date of the shelter hearing has expired, the
preferential consideration which may initially be granted to a natural parent in accordance with
Subsection (1), is limited. After that time the court shall base its custody decision on the best
interest of the child. [The court shall take into consideration:]
[(i) the extent of the natural parent's relationship with the child;]
[(ii) whether the natural parent had actual knowledge of the child's removal from the other
parent's custody;]
[(iii) whether, in the past, the natural parent has participated in raising the child by taking
responsibility for the child, maintaining a relationship with the child, and financially supporting the
child in accordance with the parent's abilities; and]
[(iv) the nature and extent of the child's relationships and well-being in his current
placement.]
Section 31. Section 78-3a-311 is amended to read:
78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
(1) The court may make any of the dispositions described in Section 78-3a-118 , place the
child in the custody or guardianship of any individual or public or private entity or agency, order
protective supervision, family preservation, medical or mental health treatment, or other services.

- 57 -

(2) (a) Whenever the court orders continued removal at the dispositional hearing, and that
the minor remain in the custody of the Division of Child and Family Services, it shall first determine
whether reunification services are appropriate for the child and the child's family, pursuant to
Subsection (3). In cases where obvious sexual abuse [or], abandonment, or serious physical abuse
or neglect are involved, neither the division nor the court has any duty to make "reasonable efforts"
or to, in any other way, attempt to provide reunification services, or to attempt to rehabilitate the
offending parent or parents. In all cases, the child's health, safety, and welfare shall be the court's
paramount concern in determining whether reasonable efforts to reunify should be made.
(b) If the court determines that reunification services are appropriate, [however,] it shall
order that the division make reasonable efforts to provide services to the minor and his parent for
the purpose of facilitating reunification of the family, for a specified period of time. [That] In
providing those services, the child's health, safety, and welfare shall be the division's paramount
concern, and the court shall so order. The time period for reunification services may not exceed 12
months from the date that the child was initially removed from his home. Nothing in this section
may be construed to entitle any parent to an entire 12 months of reunification services. If
reunification services have been ordered, the court may terminate those services at any time. If, at
any time, continuation of reasonable efforts to reunify a child is determined to be inconsistent with
the permanency plan for the child, then measures shall be taken, in a timely manner, to place the
child in accordance with the permanency plan, and to complete whatever steps are necessary to
finalize the permanent placement of the child.
[(b)] (c) Any physical custody of the minor by the parent or a relative during the period
described in Subsection [(a)] (b) does not interrupt the running of the period.
[(c)] (d) (i) If reunification services have been ordered, a permanency hearing shall be
conducted by the court in accordance with Section 78-3a-312 at the expiration of the time period for
reunification services. The permanency hearing shall be held no later than 12 months after the
original removal of the child.
(ii) If reunification services have not been ordered, a permanency hearing shall be conducted
within [90] 30 days, in accordance with Section 78-3a-312 .

- 58 -

[(d)] (e) With regard to a child who is two years of age or younger at the time the court
orders reunification services, the court shall order the discontinuance of those services after six
months if the parent or parents have not made substantial efforts to comply with the treatment plan.
The burden is upon the parents, and the division if it supports continued reunification services, to
show that the parents have made substantial efforts to comply with the plan during the first six
months of reunification services.
[(e)] (f) With regard to a child in the custody of the division whose parent or parents have
been ordered to receive reunification services but who have abandoned that child for a period of six
months since the date that reunification services were ordered, the court shall terminate reunification
services, and the division shall petition the court for termination of parental rights.
(3) (a) Because of the state's interest in and responsibility to protect and provide permanency
for children who are abused, neglected, or dependent, the Legislature finds that a parent's interest
in receiving reunification services is limited. The court may, under any circumstances, determine
that efforts to reunify a child with his family are not reasonable or appropriate, based on the
individual circumstances, and that reunification services should not be provided. In determining
"reasonable efforts" to be made with respect to a child, and in making "reasonable efforts," the
child's health, safety, and welfare shall be the paramount concern.
(b) There is a presumption that reunification services should not be provided to a parent if
the court finds, by clear and convincing evidence, that any of the following circumstances exist:
(i) the whereabouts of the parents are unknown, based upon a verified affidavit indicating
that a reasonably diligent search has failed to locate the parent;
(ii) the parent is suffering from a mental illness of such magnitude that it renders him
incapable of utilizing reunification services; that finding shall be based on competent evidence from
mental health professionals establishing that, even with the provision of services, the parent is
unlikely to be capable of adequately caring for the child within 12 months;
(iii) the minor has been previously adjudicated as an abused child due to physical or sexual
abuse, that following the adjudication the child was removed from the custody of his parent, was
subsequently returned to the custody of that parent, and the minor is being removed due to additional

- 59 -

physical or sexual abuse;
(iv) the parent has [been convicted of causing] caused the death of another child through
abuse or neglect or has committed, aided, abetted, attempted, conspired, or solicited to commit
murder or manslaughter of a child or child abuse homicide;
(v) the minor has suffered severe abuse by the parent or by any person known by the parent,
if the parent knew or reasonably should have known that the person was abusing the minor;
(vi) the minor has been adjudicated an abused child as a result of severe abuse by the parent,
and the court finds that it would not benefit the child to pursue reunification services with the
offending parent;
(vii) the parent's rights have been terminated with regard to any other child;
(viii) the child has been removed from his home on at least two previous occasions and
reunification services were offered or provided to the family at those times; or
(ix) the parent has abandoned the child for a period of six months or longer; or
(x) any other circumstance that the court determines should preclude reunification efforts
or services.
(4) (a) Failure of the parent to respond to previous services or comply with any previous
treatment plan, the fact that the child was abused while the parent was under the influence of drugs
or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
successful, shall be considered in determining whether reunification services are appropriate.
(b) The court shall also consider whether the parent has expressed an interest in reunification
with the child, in determining whether reunification services are appropriate.
(5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
whereabouts of a parent become known within six months of the out-of-home placement of the
minor, the court may order the division to provide reunification services. The time limits described
in Subsection (2), however, are not tolled by the parent's absence.
(6) If a parent is incarcerated or institutionalized, the court shall order reasonable services

- 60 -

unless it determines that those services would be detrimental to the minor. In determining detriment,
the court shall consider the age of the child, the degree of parent-child bonding, the length of the
sentence, the nature of the treatment, the nature of the crime or illness, the degree of detriment to the
child if services are not offered and, for minors ten years of age or older, the minor's attitude toward
the implementation of family reunification services, and any other appropriate factors. Reunification
services for an incarcerated parent are subject to the 12-month limitation imposed in Subsection (2).
Reunification services for an institutionalized parent are subject to the 12-month limitation imposed
in Subsection (2), unless the court determines that continued reunification services would be in the
child's best interest.
(7) If, pursuant to Subsection (3)(b)(ii), (iii), (iv),(v), (vi), (vii), (viii), (ix), or (x), the court
does not order reunification services, a permanency hearing shall be conducted within 90 days, in
accordance with Section 78-3a-312 .
Section 32. Section 78-3a-312 is amended to read:
78-3a-312. Permanency hearing -- Final plan -- Petition for termination of parental
rights filed -- Hearing on termination of parental rights.
(1) [A] (a) When reunification services have been ordered in accordance with Section
78-3a-311 , with regard to a child who is in the custody of the Division of Child and Family Services,
a permanency hearing shall be held by the court no later than 12 months after the original removal
of the child.
(b) When no reunification services were ordered at the dispositional hearing, a permanency
hearing shall be held within 30 days from the date of the dispositional hearing.
(2) (a) If reunification services were ordered by the court in accordance with Section
78-3a-311 , the court shall, at the permanency hearing, determine whether the child may safely be
returned to the custody of his parent. If the court finds, by a preponderance of the evidence, that
return of the child would create a substantial risk of detriment to the child's physical or emotional
well-being, the child may not be returned to the custody of his parent. The failure of a parent or
guardian to participate in, comply with, in whole or in part, or to meet the goals of a court approved
treatment plan constitutes prima facie evidence that return of the child to that parent would create

- 61 -

a substantial risk of detriment.
(b) In making a determination under this [section] Subsection (2), the court shall review the
report prepared by the Division of Child and Family Services, a report prepared by the child's
guardian ad litem, any report prepared by a foster care citizen review board pursuant to Section
78-3g-103 , any evidence regarding the efforts or progress demonstrated by the parent, and the extent
to which the parent cooperated and availed himself of services provided.
[(c) The court shall determine whether reasonable services have been offered or provided
to the parent or guardian.]
(3) (a) [If] With regard to a case where reunification services were ordered by the court, if
a child is not returned to his parent or guardian at the permanency hearing, the court shall order
termination of reunification services to the parent, and make a final determination regarding whether
termination of parental rights, adoption, guardianship, or long-term foster care is the most
appropriate final plan for the child. If the child clearly desires contact with the parent, the court shall
take the child's desire into consideration in determining the final plan. The court may not extend
reunification services beyond 12 months from the date the child was initially removed from his
home, in accordance with the provisions of Section 78-3a-311 , except that the court may extend
reunification services for no more than 90 days if it finds that there has been substantial compliance
with the treatment plan, that reunification is probable within that 90 day period, and that the
extension is in the best interest of the child. In no event may any reunification services extend
beyond 15 months from the date the child was initially removed from his home. Delay or failure of
a parent to establish paternity or seek custody does not provide a basis for the court to extend
services for that parent beyond that 12 month period.
(b) The court may, in its discretion, enter any [other] additional order that it determines to
be in the best interest of the child, so long as that order does not conflict with the requirements and
provisions of Subsection (a). The court may order the division to provide protective supervision or
other services to a child and the child's family after the division's custody of a child has been
terminated.
(4) If the final plan for the child is to proceed toward termination of parental rights, the

- 62 -

petition for termination of parental rights shall be filed, and a pretrial held, within 45 calendar days
after the permanency hearing.
(5) Any party to an action may, at any time, petition the court for an expedited permanency
hearing on the basis that continuation of reunification efforts are inconsistent with the permanency
needs of the child. If the court so determines, it shall order, in accordance with federal law, that the
child be placed in accordance with the permanency plan, and that whatever steps are necessary to
finalize the permanent placement of the child be completed as quickly as possible.
(6) Nothing in this section may be construed to:
(a) entitle any parent to reunification services for any specified period of time;
(b) limit a court's ability to terminate reunification services at any time prior to a permanency
hearing; or
(c) limit or prohibit the filing of a petition for termination of parental rights by any party,
or a hearing on termination of parental rights, at any time prior to a permanency hearing. If a
petition for termination of parental rights is filed prior to the date scheduled for a permanency
hearing, the court may schedule the hearing on termination of parental rights in lieu of the
permanency hearing; combine the permanency hearing and the hearing on termination of parental
rights; or schedule the hearings separately. If the court schedules the hearing on termination of
parental rights in lieu of the permanency hearing, any reunification services shall be terminated in
accordance with the time lines described in Section 78-3a-311 and a decision on the petition for
termination of parental rights shall be made within 18 months from the date of the child's removal.
Section 33. Section 78-3a-313.5 is enacted to read:
78-3a-313.5. Mandatory petition for termination of parental rights.
(1) For purposes of this section, "abandoned infant" means a child who is 12 months of age
or younger whose parent or parents:
(a) although having legal custody of the child, fail to maintain physical custody of the child
without making arrangements for the care of the child;
(b) have failed to maintain physical custody, and have failed to exhibit the normal interest
of a natural parent without just cause; or

- 63 -

(c) are unwilling to have physical custody of the child.
(2) Except as provided in Subsection (3), notwithstanding any other provision of this chapter
or of Title 62A, Chapter 4a, Child and Family Services, the division shall file a petition for
termination of parental rights with regard to:
(a) an abandoned infant; or
(b) a parent, whenever a court has determined that the parent has:
(i) committed murder or child abuse homicide of another child of that parent;
(ii) committed manslaughter of another child of that parent;
(iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
homicide, or manslaughter against another child of that parent; or
(iv) committed a felony assault or abuse that has resulted in serious physical injury to
another child of that parent, or to the other parent of that child.
(3) The division is not required to file a petition for termination of parental rights under
Subsection (2) if:
(a) the child is being cared for by a relative;
(b) the division has:
(i) documented in the child's treatment plan a compelling reason for determining that filing
a petition for termination of parental rights is not in the child's best interest; and
(ii) made that treatment plan available to the court for its review; or
(c) (i) the court has previously determined, in accordance with the provisions and limitations
of Sections 62A-4a-201 , 62A-4a-203 , 78-3a-306 , and 78-3a-311 , that reasonable efforts to reunify
the child with his parent or parents were required; and
(ii) the division has not provided, within the time period specified in the treatment plan,
services that had been determined to be necessary for the safe return of the child.
Section 34. Section 78-3a-314 is amended to read:
78-3a-314. All proceedings -- Persons entitled to be present.
(1) A [minor] child who is the subject of a juvenile court hearing [and], any person entitled
to notice pursuant to Section 78-3a-306 or 78-3a-309 , [is] preadoptive parents, and any relative

- 64 -

providing care for the child, are entitled to notice [and], to be present at each hearing held under this
part, including administrative and citizen reviews, and are entitled to an opportunity to be heard.
(2) Because the [minor's] child's foster parents have the right to notice, pursuant to Section
78-3a-309 , they have the right to be present at each and every hearing held under this part including
administrative and citizen reviews, and are entitled to an opportunity to be heard.
(3) A [minor] child shall be represented at each hearing by the guardian ad litem appointed
to his case by the court. The [minor] child has a right to be present at each hearing, subject to the
discretion of the guardian ad litem or the court regarding any possible detriment to the child.
(4) (a) The parent or guardian of a [minor] child who is the subject of a petition under this
part has the right to be represented by counsel, and to present evidence, at each hearing.
(b) When it appears to the court that a parent or guardian of the [minor] child desires counsel
but is financially unable to afford and cannot for that reason employ counsel, and the [minor] child
has been placed in out-of-home care, or the petitioner is recommending that the [minor] child be
placed in out-of-home care, the court shall appoint counsel.
(5) In every abuse, neglect, or dependency proceeding under this chapter, the court shall
order that the [minor] child be represented by a guardian ad litem, in accordance with Section
78-3a-912 . The guardian ad litem shall represent the best interest of the child, in accordance with
the requirements of that section, at the shelter hearing and at all subsequent court and administrative
proceedings, including any proceeding for termination of parental rights in accordance with Part 4,
Termination of Parental Rights Act.
(6) Notwithstanding any other provision of law, counsel for all parties to the action shall be
given access to all records, maintained by the division or any other state or local public agency, that
are relevant to the abuse, neglect, or dependency proceeding under this chapter. If the natural parent
of a child is representing himself, he shall have access to those records.
(7) (a) The appropriate foster care citizen review board shall be given access to all records,
maintained by the division or any other state or local public agency, that are relevant to an abuse,
neglect, or dependency proceeding under this chapter.
(b) Representatives of the appropriate foster care citizen review board are entitled to be

- 65 -

present at each hearing held under this part, but notice is not required to be provided.
Section 35. Section 78-3a-315 is amended to read:
78-3a-315. Review of foster care removal -- Foster parent's standing.
(1) With regard to a child in the custody of the Division of Child and Family Services who
is the subject of a petition alleging abuse, neglect, or dependency, and who has been placed in foster
care with a foster family, the Legislature finds that:
(a) except with regard to the child's natural parents, a foster family has a very limited but
recognized interest in its familial relationship with the child; and
(b) children in the custody of the division are experiencing multiple changes in foster care
placements with little or no documentation, and that numerous studies of child growth and
development emphasize the importance of stability in foster care living arrangements.
(2) For the reasons described in Subsection (1), the Legislature finds that, except with regard
to the child's natural parents, procedural due process protections must be provided to a foster family
prior to removal of a foster child from their home.
(3) (a) A foster parent who has had a foster child in his custody for 12 months or longer may
petition the juvenile court for a review and determination of the appropriateness of a decision by the
Division of Child and Family Services to remove the child from his home, unless the removal was
for the purpose of returning the child to his natural parent, or for the immediate placement of the
child in an approved adoptive home.
(b) The foster parent may petition the court under this section without exhausting
administrative remedies within the division.
(c) The court may order the division to place the child in a specified home, and shall base
its determination on the best interest of the child.
(4) The requirements of this section do not apply to the removal of a child based on a foster
parent's request for that removal.
Section 36. Section 78-3a-350 is amended to read:
78-3a-350. Separate procedures for minors committed to the Division of Child and
Family Services on grounds other than abuse or neglect -- Attorney general responsibility.

- 66 -

(1) The processes and procedures described in Part 3, Abuse, Neglect, and Dependency
Proceedings, designed to meet the needs of minors who are abused or neglected, are not applicable
to a minor who is committed to the custody of the Division of Child and Family Services on a basis
other than abuse or neglect and who are classified in the division's management information system
as having been placed in custody primarily on the basis of delinquent behavior or a status offense.
(2) The procedures described in Subsection 78-3a-119 (2)(a) are applicable to the minors
described in Subsection (1).
(3) The court may appoint a guardian ad litem to represent the interests of a minor described
in Subsection (1).
(4) As of July 1, 1998, the attorney general's office shall represent the Division of Child and
Family Services with regard to actions involving minors who have not been adjudicated as abused
or neglected, but who are otherwise committed to the custody of the division by the juvenile court,
and who are classified in the division's management information system as having been placed in
custody primarily on the basis of delinquent behavior or a status offense. Nothing in this Subsection
(4) may be construed to affect the responsibility of the county attorney or district attorney to
represent the state in those matters, in accordance with the provisions of Section 78-3a-116 .
Section 37. Section 78-3a-408 is amended to read:
78-3a-408. Evidence of grounds for termination.
(1) In determining whether a parent or parents have abandoned a child, it is prima facie
evidence of abandonment that the parent or parents:
(a) although having legal custody of the child, have surrendered physical custody of the
child, and for a period of six months following the surrender have not manifested to the child or to
the person having the physical custody of the child a firm intention to resume physical custody or
to make arrangements for the care of the child;
(b) have failed to communicate with the child by mail, telephone, or otherwise for six
months; [or]
(c) failed to have shown the normal interest of a natural parent, without just cause[.]; or
(d) have abandoned an infant, as described in Section 78-3a-313.5 .

- 67 -

(2) In determining whether a parent or parents are unfit or have neglected a child the court
shall consider, but is not limited to, the following circumstances, conduct, or conditions:
(a) emotional illness, mental illness, or mental deficiency of the parent that renders him
unable to care for the immediate and continuing physical or emotional needs of the child for
extended periods of time;
(b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive nature;
(c) habitual or excessive use of intoxicating liquors, controlled substances, or dangerous
drugs that render the parent unable to care for the child;
(d) repeated or continuous failure to provide the child with adequate food, clothing, shelter,
education, or other care necessary for his physical, mental, and emotional health and development
by a parent or parents who are capable of providing that care. However, a parent who, legitimately
practicing his religious beliefs, does not provide specified medical treatment for a child is not for that
reason alone a negligent or unfit parent;
(e) with regard to a child who is in the custody of the division, if the parent is incarcerated
as a result of conviction of a felony, and the sentence is of such length that the child will be deprived
of a normal home for more than one year; or
(f) a history of violent behavior.
(3) If a child has been placed in the custody of the division and the parent or parents fail to
comply substantially with the terms and conditions of a plan within six months after the date on
which the child was placed or the plan was commenced, whichever occurs later, that failure to
comply is evidence of failure of parental adjustment.
(4) The following circumstances constitute prima facie evidence of unfitness:
(a) sexual abuse, injury, or death of a sibling of the child, or of any child, due to known or
substantiated abuse or neglect by the parent or parents;
(b) conviction of a [felony] crime, if the facts [of] surrounding the crime are of such a nature
as to indicate the unfitness of the parent to provide adequate care to the extent necessary for the
child's physical, mental, or emotional health and development; [or]
(c) a single incident of life-threatening or gravely disabling injury to or disfigurement of the

- 68 -

child[.]; or
(d) the parent has committed, aided, abetted, attempted, conspired, or solicited to commit
murder or manslaughter of a child or child abuse homicide.
Section 38. Section 78-3a-903 is amended to read:
78-3a-903. Modification or termination of custody order or decree -- Grounds --
Procedure.
(1) A parent, guardian, or next friend of a minor whose legal custody has been transferred
by the court to an individual, agency, or institution, except a secure youth corrections facility, may
petition the court for restoration of custody or other modification or revocation of the [decree] court's
order, on the ground that a change of circumstances has occurred which requires such modification
or revocation in the best interest of the minor or the public.
(2) The court shall make a preliminary investigation. If the court finds that the alleged
change of circumstances, if proved, would not affect the decree, it may dismiss the petition. If the
court finds that a further examination of the facts is needed, or if the court on its own motion
determines that the decree should be reviewed, it shall conduct a hearing. Notice shall be given to
all persons concerned. At the hearing, the court may enter an order continuing, modifying, or
terminating the decree.
(3) A petition by a parent may not be filed under this section after his or her parental rights
have been terminated in accordance with Part 4, Termination of Parental Rights Act.
(4) An individual, agency, or institution vested with legal custody of a minor may petition
the court for a modification of the custody order on the ground that the change is necessary for the
welfare of the minor or in the public interest. The court shall proceed upon the petition in
accordance with Subsections (1) and (2).
Section 39. Section 78-3g-103 is amended to read:
78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
Periodic reviews.
(1) Foster care citizen review boards shall be established in the First, Second, Third, and
Fourth Juvenile Court Districts, to act as the panels described in 42 U.S.C. Sections 675(5) and (6),

- 69 -

which are required to conduct periodic reviews unless court reviews are conducted. At least one
review board shall be established in the Fifth Juvenile Court District and at least one review board
shall be established in the Seventh Juvenile Court District.
(2) (a) The committee shall appoint seven members to each board. Five of those members
shall be parents.
(b) Five members of a board constitute a quorum, and an action of a majority of the quorum
constitutes the action of the board.
(c) A board member may not be an employee of the division or the juvenile court.
(d) Board members shall be representative of the ethnic, cultural, religious, socio-economic,
and professional diversity found in the community.
(e) A board may elect its own chair, vice chair, and other officers as it considers appropriate.
(f) The division may designate a representative to provide technical advice to the board
regarding division policy and procedure.
(3) With regard to each child in its custody, the division shall provide the appropriate boards
with access to all records maintained by the division.
(4) (a) In districts or areas where foster care citizen review boards have been established,
periodic reviews either by the court or by a foster care citizen review board, shall be conducted with
regard to each child in the division's custody no less frequently than once every six months, in
accordance with Section 78-3a-313 and 42 U.S.C. Sections 675(5) and (6). In cases where the court
has conducted a six month review hearing, a foster care citizen review board shall also conduct a
review within 12 months from the date of the child's removal from his home.
(b) [Periodic] In accordance with federal law and with Subsection 78-3a-314 (1), periodic
reviews conducted by foster care citizen review boards shall be open to the participation of the
child's natural parents, [in accordance with 42 U.S.C. Section 675(6)] foster parents, preadoptive
parents, and any relative providing care for the child. Notice shall be provided to those persons
pursuant to Subsection 78-3a-314 (1).
(c) Boards may review additional abuse, neglect, or dependency cases or plans at the request
of the court.

- 70 -

(5) Each board shall prepare a dispositional report regarding the child's case and plan. The
periodic review and the dispositional report shall be consistent with the provisions of Title 62A,
Chapter 4a, Family Services, and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
Proceedings, and shall include at least the following considerations:
(a) the extent to which the plan's objectives have been implemented or accomplished by the
parent, the child, and the division;
(b) whether revisions to the plan are needed, and if so, how the plan should be revised;
(c) the extent to which the division has provided the services and interventions described in
the plan, and whether those services and interventions are assisting, or will assist, the parent and
child to achieve the plan's objectives within the statutory time limitations;
(d) the extent to which the parent and child have willingly and actively participated in the
interventions described in the plan;
(e) the continuing necessity for and appropriateness of the child's placement;
(f) the extent of progress that has been made toward alleviating or mitigating the causes
necessitating the child's removal or continued placement;
(g) a recommended permanency plan for the child and, if one has been established, an
opinion regarding the appropriateness of that permanency plan; and
(h) a determination regarding whether the statutory time limitations described in Title 78,
Chapter 3a, Part 3, have been met, specifically, whether the 12 month limitation on reunification
services required by Section 78-3a-311 has been complied with. The board shall also render an
opinion regarding when it estimates that the child will achieve permanency.
(6) (a) Each board shall submit its dispositional report to the court, the division, and to all
parties to an action within 30 days after a case is reviewed by the board.
(b) The board's dispositional report shall be filed with the court, and shall be made a part of
the court's legal file. The dispositional report shall be received and reviewed by the court in the same
manner as the court receives and reviews the reports described in Section 78-3a-505 . Foster care
citizen review board dispositional reports may be received as evidence, and may be considered by
the court along with other evidence. The court may require any person who participated in the

- 71 -

dispositional report to appear as a witness if the person is reasonably available.
(7) Members of boards may not receive financial compensation or benefits for their services.
Members may not receive per diem or expenses for their service, except that:
(a) members may be reimbursed for mileage on days that they are involved in training, at
rates established by the Division of Finance; and
(b) members may be provided with a meal on days that they serve on a board.
(8) Boards are authorized to receive funds from public and private grants and donations in
accordance with the requirements described in Subsection 78-3g-102 (8).
(9) In districts or areas where foster care citizen review boards have not been established,
either the court or the Division of Child and Family Services shall conduct the reviews in accordance
with the provisions of Subsections (4)(a) and (b), and Section 78-3a-313 .
Section 40. Section 78-45a-5 is amended to read:
78-45a-5. Remedies.
(1) (a) The district court [has] and the juvenile court have jurisdiction of an action to
establish paternity, in accordance with the provisions of Section 78-3a-105 . [All]
(b) Except as provided in Section 78-3a-105 , the district court has jurisdiction over all
remedies for enforcement of judgments for expenses of pregnancy and confinement for a wife or for
education, necessary support, or funeral expenses for legitimate children [shall apply]. The
appropriate court has continuing jurisdiction to modify or revoke a judgment for future education
and necessary support. All remedies under Title 78, Chapter 45f, Uniform Interstate Family Support
Act, are available for enforcement of duties of support under this chapter.
(2) (a) The obligee may enforce his right of support against the obligor and the state may
proceed on behalf of the obligee or in its own behalf, pursuant to the provisions of Title 62A,
Chapter 11, Recovery Services, to enforce that right of support against the obligor.
(b) The provisions of Title 62A, Chapter 11, Recovery Services, apply in all actions by the
state.
(c) Whenever the state commences an action under this chapter, it shall be the duty of the
attorney general or the county attorney of the county where the obligee resides to represent the state.

- 72 -

Neither the attorney general nor the county attorney represents or has an attorney-client relationship
with the obligee or the obligor, in carrying out his responsibilities under this chapter.
(3) Upon motion by a party, the district court shall issue a temporary order in a paternity
action to require the payment of child support pending a determination of paternity if there is clear
and convincing evidence of paternity in the form of genetic test results under Section 78-45a-7 or
78-45a-10 , or other evidence.
(4) The court may enter an order awarding costs, attorney fees, and witness fees in the
manner prescribed by Section 30-3-3 upon a judgment or acknowledgment of paternity.
(5) Rule 55, Default Judgment, Utah Rules of Civil Procedure, applies to paternity actions
commenced under this chapter.
Section 41. Uncodified Section 42, Chapter 329, Laws Of Utah 1997 is amended to read:
Section 42. Early Intervention for Juveniles Pilot Program -- Appropriation.
(1) The Division of Child and Family Services and the probation department shall establish,
within the counties served by the Third, Fourth, Fifth, and Sixth District Juvenile Courts, an Early
Intervention for Juveniles Pilot Program that offers time limited, intensive treatment, including youth
services, as defined in Section 62A-4a-101 , as an alternative to out-of-home placement for
ungovernable minors and juvenile offenders who:
(a) (i) are in the custody of the Division of Child and Family Services or under the protective
supervision of the division and who, absent the pilot program, would be in out-of-home care; or
(ii) are under the supervision of the probation department;
(b) have been determined to be ungovernable, or who have not complied with the terms of
judicial orders issued before placement in the pilot project, including requirements of probation
ordered under Section 78-3a-118 ;
(c) require continual supervision and intensive therapeutic intervention, but not secure
confinement; and
(d) are likely to succeed in the pilot program based on an expressed commitment of the child
and his family to fully participate in and comply with the program's requirements.
(2) The pilot program shall provide intensive services and interventions that include, but are

- 73 -

not limited to:
(a) electronically monitored home detention;
(b) psychological assessment provided by or supervised by licensed mental health
professionals;
(c) individual, family, and group psychotherapy conducted by or supervised by licensed
mental health professionals;
(d) skills training, including problem solving and conflict resolution skills, parenting and
discipline skills, and communication skills;
(e) academic assessment and intervention;
(f) academic placement, and individual tutoring or alterative education programs when
appropriate; and
(g) aftercare.
(3) The juvenile court shall maintain continuing jurisdiction over minors who are receiving
services in accordance with the pilot program described in this section.
(4) The court shall order the parent or guardian of the minor to:
(a) complete an assessment to determine appropriate treatment interventions;
(b) participate in training on problem solving skills, implementation of consequences for
inappropriate behavior, and rewarding appropriate behavior; and
(c) pay the appropriate division for all or part of the costs associated with the child's
involvement in the pilot program in accordance with their ability to pay.
(5) The juvenile court may issue any order that it deems appropriate to support a family's
successful completion of the pilot program.
(6) Payments received by the division under Subsection (3) shall be deposited in the General
Fund.
(7) In accordance with the provisions of Title 63, Chapter 56, Utah Procurement Code, the
division shall:
(a) contract for the provision of services necessary to implement the pilot program; and
(b) contract for an independent evaluation of the effectiveness of the pilot program.

- 74 -

(8) The pilot program is authorized from July 1, [1997] 1998 to June 30, [1998] 1999.
[(9) There is appropriated from the General Fund, for fiscal year 1997-1998, $320,000 to
the Division of Child and Family Services within the Department of Human Services solely for the
purpose of implementing the Early Intervention for Juveniles Pilot Program described in this
section.]
Section 42. 1998 Responsibilities of the Child Welfare Legislative Oversight Panel
(1) During the 1998 interim, the Child Welfare Legislative Oversight Panel established
pursuant to Section 62A-4a-207 , shall, in addition to any other issues or items the panel determines
to be relevant, study and review the issue of whether the child protection ombudsman should
continue to be placed within the Department of Human Services, or whether it should be placed
outside of that department. The panel shall attempt to determine whether the actions and
responsibilities of the ombudsman may be carried out in an objective, unbiased manner, and whether
there is an actual or perceived conflict of interest based on an internal, self review.
(2) During the 1998 interim, the Child Welfare Legislative Oversight Panel shall also study
and review the issues relating to substantiation of child abuse or neglect based on the child's
statement alone.
(3) The reviews described in this section shall be carried out with all of the authority granted
to the Child Welfare Legislative Oversight Panel pursuant to Section 62A-4a-207 , and in accordance
with the procedures described in that section.
Section 43. Effective date.
This act takes effect on July 1, 1998.

- 75 -