S.B. 98 Enrolled

AMENDMENTS - CHILD ABUSE DATABASE
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
AN ACT RELATING TO HUMAN SERVICES; REQUIRING WITHOUT MERIT AND
UNSUBSTANTIATED REPORTS OF CHILD ABUSE OR NEGLECT TO BE REMOVED
FROM THE CHILD WELFARE DATABASE WHEN SUBSEQUENT REPORTS HAVE NOT
OCCURRED WITHIN A SPECIFIED TIME PERIOD; ESTABLISHING A PROCEDURE FOR
THE DEPARTMENT TO INFORM A PERSON WHO HAS KNOWINGLY MADE A FALSE
CLAIM OF CHILD ABUSE OR NEGLECT OF POTENTIAL CRIMINAL PENALTIES;
INCLUDING THE NAME OF A PERSON ON THE LICENSING DATABASE WHEN NOTICE
WENT UNDELIVERED; CLARIFYING THE CIRCUMSTANCES UNDER WHICH A
JUVENILE PERPETRATOR MAY BE INCLUDED ON THE LICENSING DATABASE;
CLARIFYING WHEN A PERSON'S CONDUCT DOES NOT CONSTITUTE CHILD ABUSE
OR NEGLECT; PROHIBITING A PERSON FROM ASKING ANOTHER PERSON TO
OBTAIN INFORMATION FROM THE DATABASE; CLARIFYING THE NOTIFICATION
PROCESS; PERMITTING A FINDING OF ABUSE OR NEGLECT TO BE SUPPORTED
SOLELY BY A CHILD'S OUT-OF-COURT STATEMENT THAT IS FOUND TO BE
RELIABLE UNDER EXISTING STATUTE OR COURT RULE; REQUIRING A NEW
OPPORTUNITY TO CHALLENGE, IN CERTAIN CIRCUMSTANCES, IF THE USE OF THE
LICENSING DATABASE IS BROADENED; CLARIFYING WHEN A COURT
DETERMINATION OF ABUSE OR NEGLECT IS TO BE INCLUDED ON THE LICENSING
DATABASE; CLARIFYING THE FORM OF DIVISION-GENERATED INFORMATION THAT
MAY BE USED IN A DIVORCE PROCEEDING; AND MAKING TECHNICAL AND
CONFORMING AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-5.2, as last amended by Chapters 79 and 318, Laws of Utah 1996
62A-2-121, as enacted by Chapter 358, Laws of Utah 1998

62A-4a-116, as last amended by Chapter 196, Laws of Utah 1998
62A-4a-116.5, as enacted by Chapter 196, Laws of Utah 1998
62A-4a-412, as last amended by Chapters 169, 196 and 274, Laws of Utah 1998
63-46b-15, as last amended by Chapter 1, Laws of Utah 1996
78-3a-104, as last amended by Chapters 274 and 315, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-5.2 is amended to read:
30-3-5.2. Allegations of child abuse or child sexual abuse -- Investigation.
When, in any divorce proceeding or upon a request for modification of a divorce decree, an
allegation of child abuse or child sexual abuse is made, implicating either party, the court [shall],
after making an inquiry, may order that an investigation be conducted by the Division of Child and
Family Services within the Department of Human Services in accordance with Title 62A, Chapter
4a. A final award of custody or visitation may not be rendered until a report on that investigation,
consistent with Section 62A-4a-412 , is received by the court. That investigation shall be conducted
by the Division of Child and Family Services within 30 days of the court's notice and request for an
investigation. In reviewing this report, the court shall comply with Section 78-7-9 .
Section 2. Section 62A-2-121 is amended to read:
62A-2-121. Access to abuse and neglect information for licensing purposes.
(1) With respect to human services licensees, the department may access only the licensing
part of the Division of Child and Family Service's management information system created by
Section 62A-4a-116 for the purpose of:
(a) determining whether a person associated with a licensee, who provides care described
in Subsection (2), has a substantiated finding of abuse or neglect; [and]
(b) informing a licensee, who provides care described in Subsection (2), that a person
associated with the licensee has a substantiated finding of child abuse or neglect.
(2) (a) A licensee or individual applying for or renewing a license to provide child-placing
services, youth programs, substitute care, foster care, or institutionalized care to children shall submit
to the department the name and other identifying information of a person associated with the

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licensee.
(b) The office shall process the information to determine whether the licensee or a person
associated with a licensee has a substantiated finding of child abuse or neglect.
(3) The office shall adopt rules defining the circumstances under which a person who has
a substantiated finding of child abuse or neglect may provide child-placing services, foster care,
youth programs, substitute care, or institutionalized care for children in a facility licenced by the
department.
Section 3. Section 62A-4a-116 is amended to read:
62A-4a-116. Management information system -- Requirements.
(1) The division shall develop and implement a management information system that meets
the requirements of this section and the requirements of federal law and regulation.
(2) With regard to all child welfare cases, the management information system shall:
(a) provide each caseworker with a complete history of each child in his caseload, including:
(i) all past action taken by the division with regard to that child and his siblings, the complete
case history and all reports and information in the control or keeping of the division regarding that
child and his siblings;
(ii) the number of times the child has been in foster care;
(iii) the cumulative period of time the child has been in foster care;
(iv) all reports of abuse or neglect received by the division with regard to that child's parent
or parents, including documentation regarding whether each report was substantiated [or],
unsubstantiated, or without merit;
(v) the number of times the child's parent or parents have failed any treatment plan; and
(vi) the number of different caseworkers who have been assigned to that child in the past;
(b) contain all key elements of each family's current treatment plan, including the dates and
number of times the plan has been administratively or judicially reviewed, the number of times the
parent or parents have failed that treatment plan, and the exact length of time that treatment plan has
been in effect; [and]
(c) alert caseworkers regarding deadlines for completion of and compliance with treatment

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plans[.]; and
(d) unless the executive director determines that there is good cause for keeping the report
on the system based on standards established by rule, delete any reference to:
(i) a report that is without merit if no subsequent report involving the same alleged
perpetrator has occurred within one year; or
(ii) a report that is unsubstantiated if no subsequent report involving the same alleged
perpetrator has occurred within ten years.
(3) With regard to all child protective services cases, the management information system
shall, in addition to the information required in Subsection (2), monitor compliance with the policy
of the division, the laws of this state, and federal law and regulation.
(4) (a) The division shall develop and maintain a part of the information management system
for licensing purposes, which shall be:
(i) limited to:
(A) substantiated findings of child abuse or neglect since January 1, [1994] 1988, after notice
and an opportunity to challenge has been provided under Section 62A-4a-116.5 ;
[(B) substantiated findings of child abuse or neglect for which a notice has been sent under
Section 62A-4a-116.5 by July 1, 1998, and found by an administrative hearing officer before
December 1, 1998, to have occurred between January 1, 1988, and January 1, 1994, except that if
a person applies for licensure or an adoption before June 30, 1999, and that person has not previously
been given notice under Section 62A-4a-116.5 , the department may determine whether a
substantiated finding exists between January 1, 1988, and January 1, 1994, and if so, provide notice
and an opportunity to challenge under Section 62A-4a-116.5 before the license or adoption may be
approved;]
(B) the name of a person who was not sent a notice of agency action under Section
62A-4a-116.5 because his location was not available on the management information system or who
was sent a notice of agency action that was returned to the division as undelivered for the sole
purpose of alerting the division of the need to afford the person an opportunity to challenge the
finding of child abuse or neglect under Section 62A-4a-116.5 before any adverse action, beyond

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delaying the person's licensing application to provide an opportunity for challenge, may be taken;
(C) an adjudication of child abuse or neglect by a court of competent jurisdiction if
Subsection 62A-4a-116.5 (5) has been met; and
(D) any criminal conviction or guilty plea related to neglect, physical abuse, or sexual abuse
of any person; and
(ii) accessible by:
(A) the Office of Licensing for licensing purposes only;
(B) the division:
(I) to screen a person at the request of the Office of the Guardian Ad Litem Director, created
by Section 78-3a-912 , at the time the person seeks a paid or voluntary position with the Office of the
Guardian Ad Litem and each year thereafter that the person remains with the office; and
(II) to respond to a request for information from the person who is identified as a perpetrator
in the report, after advising the person of the screening prohibition in Subsection (4)(d)(iii); [and]
[(B)] (C) subject to the provisions of Subsection (4)(c), the Bureau of Health Facility
Licensure within the Department of Health only for the purpose of licensing a child care program
or provider, or for determining whether a person associated with a covered health care facility, as
defined by the Department of Health by rule, who provides direct care to a child has a substantiated
finding of child abuse or neglect[.]; and
(D) the department as provided in Subsection (5) and Section 62A-1-118 .
(b) For the purpose of Subsection (4)(a), "substantiated":
(i) means a finding[, at the completion of an investigation,] that there is a reasonable basis
to conclude that:
(A) a person 18 years of age or older committed one or more of the following types of child
abuse or neglect [has occurred]:
[(A)] (I) physical abuse;
[(B)] (II) sexual abuse;
[(C)] (III) sexual exploitation;
[(D)] (IV) abandonment;

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[(E)] (V) medical neglect resulting in death, disability, or serious illness; or
[(F)] (VI) chronic or severe neglect; and
(B) a person under the age of 18:
(I) caused serious physical injury, as defined in Section 76-5-109(d), to another child which
indicates a significant risk to other children; or
(II) engaged in sexual behavior with or upon another child which indicates a significant risk
to other children; and
(ii) does not include:
(A) the use of reasonable and necessary physical restraint or force by an educator in
accordance with Subsection 53A-11-802 (2) or Section 76-2-401 [.]; or
(B) a person's conduct that:
(I) is justified under Section 76-2-401 ; or
(II) constituted the use of reasonable and necessary physical restraint or force in self-defense
or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous
object in the possession or under the control of a child or to protect the child or another person from
physical injury.
(iii) (A) For purposes of Subsection (4)(b)(i)(B), "significant risk" shall be determined in
accordance with risk assessment tools and policies established by the division that focus on age,
social factors, emotional factors, sexual factors, intellectual factors, family risk factors, and other
related considerations.
(B) The division shall train its child protection workers to apply the risk assessment tools
and policies established under Subsection (4)(b)(iii)(A).
(c) (i) The Department of Health shall:
(A) designate two persons within the Department of Health to access the licensing part of
the management information system; and
(B) adopt measures to:
(I) protect the security of the licensing part of the management information system; and
(II) strictly limit access to the licensing part of the management information system to those

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designated under Subsection (4)(c)(i)(A).
(ii) Those designated under Subsection (4)(c)(i)(A) shall receive training from the
department with respect to:
(A) accessing the licensing part of the management information system;
(B) maintaining strict security; and
(C) the criminal provisions in Section 62A-4a-412 for the improper release of information.
(iii) Those designated under Subsection (4)(c)(i)(A):
(A) are the only ones in the Department of Health with the authority to access the licensing
part of the management information system; and
(B) may only access the licensing part of the management information system in accordance
with the provisions of Subsection (4)(a)(ii).
(iv) The Department of Health may obtain information in the possession of the division that
relates to a substantiated finding of abuse or neglect of a person screened under this Subsection
(4)(c).
(d) (i) Information in the licensing part of the management information system is
confidential and may only be used or disclosed as specifically provided in this section, Section
62A-2-121 , and Section 62A-4a-116.5 .
(ii) No person, unless listed in Subsection (4)(a)(ii), may request another person to obtain
or release a report or any other information in the possession of the division obtained as a result of
the report that is available under Subsection (4)(a)(ii)(A)(III) to screen for potential perpetrators of
child abuse or neglect.
(iii) A person who requests information knowing that it is a violation of Subsection (4)(d)(ii)
to do so is subject to the criminal penalty in Section 62A-4a-412 .
(5) All information contained in the management information system shall be available to
the department upon the approval of the executive director, on a need-to-know basis.
(6) The information contained in the management information system shall be encrypted.
(7) (a) The division shall send a certified letter to a person who submitted a report of child
abuse or neglect that is put onto any part of the management information system if the division

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determines, at the conclusion of its investigation, that:
(i) the report is false;
(ii) it is more likely than not that the person knew that the report was false at the time the
person submitted the report; and
(iii) the person's address is known or reasonably available.
(b) The letter shall inform the person of:
(i) the determination made under Subsection (7)(a);
(ii) the penalty for submitting false information under Section 76-8-506 and other applicable
laws;
(iii) the obligation of the division to inform law enforcement and the alleged perpetrator:
(A) in the present instance if an immediate referral is justified by the facts; or
(B) if the person submits a subsequent false report involving the same alleged perpetrator
or victim.
(c) (i) The division may inform law enforcement and the alleged perpetrator of a report for
which a letter is required to be sent under Subsection (7)(a) if an immediate referral is justified by
the facts.
(ii) The division shall inform law enforcement and the alleged perpetrator of a report for
which a letter is required to be sent under Subsection (7)(a) if this is the second letter sent to the
person involving the same alleged perpetrator or victim.
(iii) The division shall determine, in consultation with law enforcement:
(A) the information to be given to an alleged perpetrator about a false claim; and
(B) whether good cause exists, as defined by rule, for not informing an alleged perpetrator
about a false claim.
(d) Nothing in this Subsection (7) may be construed as requiring the division to conduct an
investigation, beyond what is required in Subsection (7)(a), to determine whether or not a report is
false.
Section 4. Section 62A-4a-116.5 is amended to read:
62A-4a-116.5. Opportunity to challenge a finding of child abuse or neglect.

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[(1) If the division makes a substantiated finding of abuse or neglect pursuant to Subsection
62A-4a-116 (4)(b), the division shall send notice of agency action regarding the division's finding to
the person found to have committed the abuse or neglect.]
(1) (a) The division shall send a notice of agency action to a person if the division finds, at
the conclusion of an investigation, that, in the opinion of the division, there is a reasonable basis to
conclude that the person committed abuse or neglect listed in Subsection 62A-4a-116 (4)(b)(i). In
the event that the person is under the age of 18, the division shall:
(i) make reasonable efforts to identify the person's parent or legal guardian; and
(ii) send a notice to each parent or legal guardian identified under Subsection (1)(a)(i) that
lives at a different address unless there is good cause, as defined by rule, for not sending a notice to
a parent or legal guardian.
(b) For purposes of this section only, which governs the right of a person to challenge the
division's initial finding or opinion of abuse or neglect as it pertains to the licensing part of the
management information system, the division shall refer to a finding under Subsection (1)(a) as a
"finding" or an "initial finding" of abuse or neglect when notifying or explaining a notification to a
person.
(c) Nothing in this section may be construed as affecting:
(i) the manner in which the division conducts an investigation; or
(ii) the use or effect, in any other setting, of:
(A) an initial division finding or substantiation of child abuse or neglect at the completion
of an investigation for any purpose other than for notification under Subsection (1)(b); or
(B) the term "substantiated" as used in any other provision of the code.
(2) The notice shall state:
(a) that the division conducted an investigation;
(b) that the division found, at the conclusion of the investigation, that there was, in the
opinion of the division, a reasonable basis to conclude that abuse or neglect occurred;
[(a)] (c) the facts that support the finding [of substantiation];
[(b)] (d) that the person may be disqualified from adopting a child or working for or being

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licensed by:
(i) the department;
(ii) a human services licensee;
(iii) a child care provider or program; and
(iv) a covered health care facility;
[(c)] (e) that the person has the right to request:
(i) a copy of the [substantiated] report; and
(ii) an opportunity to challenge the finding and its inclusion on the licensing part of the
management information system described in Subsection 62A-4a-116 (4), except as provided in
Subsection (5)(b); and
[(d)] (f) that failure to request an opportunity to challenge the finding within 30 days of the
notice being received will result in an unappealable finding of substantiation of child abuse or
neglect, unless the person can show good cause for why compliance within the 30-day requirement
was virtually impossible or unreasonably burdensome.
(3) (a) A person may make a request to challenge a [substantiated] finding within 30 days
of:
(i) a notice being received under Subsection (2);
(ii) a finding by a court of competent jurisdiction based on the same underlying facts that:
(A) child abuse or neglect, as described in Subsection 62A-4a-116 (4)(b), did not occur; or
(B) the person was not responsible for the child abuse or neglect that did occur; or
(iii) the dismissal of criminal charges or a verdict of not guilty based on the same underlying
facts.
(b) The 30-day requirement of Subsection (3)(a) shall be extended for good cause shown that
compliance was virtually impossible or unreasonably burdensome.
(c) The division may approve or deny a request made under Subsection (3)(a).
(d) If the division denies the request or fails to act within 30 days after receiving a request
submitted under Subsection (3)(a), the Office of Administrative Hearings shall hold an adjudicative
proceeding pursuant to Title 63, Chapter 46b, Administrative Procedures Act.

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(4) (a) In an adjudicative proceeding held pursuant to Subsection (3)(d), the division shall
prove by a preponderance of the evidence that there is a reasonable basis to conclude that:
(i) child abuse or neglect, as described in Subsection 62A-4a-116 (4)(b), occurred; and
(ii) the person was substantially responsible for the abuse or neglect that occurred.
(b) The administrative hearing officer may make a determination of substantiation based
solely on the out-of-court statement of the child that the officer finds to be reliable under the
standards set forth in:
(i) Section 76-5-411 ;
(ii) Utah Rules of Criminal Procedure, Rule 15.5;
(iii) Section 78-3a-116(5);
(iv) the Utah Rules of Evidence; or
(v) Utah case law.
(5) (a) A person may not make a request to challenge a [substantiated] finding under
Subsection (3)(a), if, at anytime, a court of competent jurisdiction has made a determination based
on the same underlying facts that:
(i) child abuse or neglect, as described in Subsection 62A-4a-116 (4)(b), occurred; [and]
(ii) the person was substantially responsible for the abuse or neglect that occurred[.]; and
(iii) the person:
(A) was a party to the proceeding; or
(B) (I) had notice of the proceeding; and
(II) was provided a meaningful opportunity to challenge the facts underlying the court's
determination.
(b) An adjudicative proceeding held pursuant to Subsection (4) may be stayed during the
time a judicial action is pending.
(6) Nothing in this section may affect the inclusion or exclusion of a report or finding of
child abuse or neglect from or access by the division, its caseworkers, and child protective services
workers to that part of the management information system used for purposes of child welfare cases
and child protective services as described in Subsections 62A-4a-116 (2) and (3).

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(7) By December 31, 1998, the division shall provide notice to each person with a
[substantiated] finding of abuse or neglect since January 1, 1994.
(8) A person who, after receiving notice, fails to challenge a finding of child abuse or neglect
may request the opportunity to challenge the finding under this section:
(a) if since the time that the person received notice, state law has been amended to permit
a broader use of or access to information on the licensing part of the management information
system; and
(b) before the finding may be used against the person in connection with the broader use or
access.
Section 5. 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, provided that in a divorce, custody, or related proceeding between private
parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the investigation;
and
(ii) devoid of conclusions drawn by the division or any of its workers on the ultimate issue
of whether or not a person's acts or omissions constituted any level of abuse or neglect of another
person;

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(f) an office of the public prosecutor or its deputies in performing an official duty;
(g) a person authorized by a Childrens' Justice Center, for the purposes described in Section
67-5b-102 ;
[(h) the Bureau of Health Facility Licensure within the Department of Health, as provided
for in Section 26-21-9.5 , for the sole purpose of determining whether a person associated with a
covered health care facility and who provides direct care to children has a substantiated finding of
child abuse or neglect;]
[(i) the Bureau of Health Facility Licensure within the Department of Health for the purpose
of determining whether a person associated with a child care provider has a substantiated finding of
child abuse or neglect on the licensing part of the management information system created in Section
62A-4a-116 ; and]
[(j)] (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[.]; and
(i) any person identified in the report as a perpetrator or possible perpetrator of child abuse
or neglect, after being advised of the screening prohibition in Subsection (2).
(2) (a) No person, unless listed in Subsection (1), may request another person to obtain or
release a report or any other information in the possession of the division obtained as a result of the
report that is available under Subsection (1)(i) to screen for potential perpetrators of child abuse or
neglect.
(b) A person who requests information knowing that it is a violation of Subsection (2)(a) to
do so is subject to the criminal penalty in Subsection (4).
[(2) The] (3) Except as provided in Subsection 62A-4a-116 (7)(c), 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.
[(3)] (4) 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] on any part of the management information system, in violation of this part or
Section 62A-4a-116 , is guilty of a class C misdemeanor.

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[(4)] (5) 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 6. Section 63-46b-15 is amended to read:
63-46b-15. Judicial review -- Informal adjudicative proceedings.
(1) (a) The district courts have jurisdiction to review by trial de novo all final agency actions
resulting from informal adjudicative proceedings, except that the juvenile courts have jurisdiction
over all state agency actions relating to:
(i) the removal or placement of children in state custody [and actions relating to];
(ii) the support of [those] children under Subsection (1)(a)(i) as determined administratively
under Section 78-3a-906 [.]; and
(iii) substantiated findings of abuse or neglect pursuant to 62A-4a-116.5 .
(b) Venue for judicial review of informal adjudicative proceedings shall be as provided in
the statute governing the agency or, in the absence of such a venue provision, in the county where
the petitioner resides or maintains his principal place of business.
(2) (a) The petition for judicial review of informal adjudicative proceedings shall be a
complaint governed by the Utah Rules of Civil Procedure and shall include:
(i) the name and mailing address of the party seeking judicial review;
(ii) the name and mailing address of the respondent agency;
(iii) the title and date of the final agency action to be reviewed, together with a duplicate
copy, summary, or brief description of the agency action;
(iv) identification of the persons who were parties in the informal adjudicative proceedings
that led to the agency action;
(v) a copy of the written agency order from the informal proceeding;
(vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial
review;
(vii) a request for relief, specifying the type and extent of relief requested; and
(viii) a statement of the reasons why the petitioner is entitled to relief.

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(b) All additional pleadings and proceedings in the district court are governed by the Utah
Rules of Civil Procedure.
(3) (a) The district court, without a jury, shall determine all questions of fact and law and
any constitutional issue presented in the pleadings.
(b) The Utah Rules of Evidence apply in judicial proceedings under this section.
Section 7. 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;
(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;
(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;
(g) the treatment or commitment of a mentally retarded minor;
(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;

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(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;
(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;
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(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]
(m) the commitment of a minor in accordance with Section 62A-8-501 [.];
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 63-46b-15 .
(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-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
an extended period of time; and

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(e) 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 .

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