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S.B. 165 Enrolled
This act changes the term "visitation" to "parent-time" throughout the code as it applies to
the right of a noncustodial parent to spend time with their child.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-2-22, as last amended by Chapter 84, Laws of Utah 1998
30-1-17.2, as last amended by Chapter 245, Laws of Utah 1990
30-3-3, as repealed and reenacted by Chapter 137, Laws of Utah 1993
30-3-5, as last amended by Chapters 168 and 277, Laws of Utah 1999
30-3-5.2, as last amended by Chapter 164, Laws of Utah 1999
30-3-10, as last amended by Chapter 6, Laws of Utah 1999
30-3-10.4, as last amended by Chapter 112, Laws of Utah 1990
30-3-32, as enacted by Chapter 131, Laws of Utah 1993
30-3-33, as last amended by Chapter 80, Laws of Utah 1997
30-3-34, as last amended by Chapter 80, Laws of Utah 1997
30-3-35, as last amended by Chapter 97, Laws of Utah 2000
30-3-35.5, as last amended by Chapter 13, Laws of Utah 1998
30-3-36, as enacted by Chapter 131, Laws of Utah 1993
30-3-37, as enacted by Chapter 131, Laws of Utah 1993
30-3-38, as last amended by Chapters 1 and 245, Laws of Utah 2000
30-6-4.2, as last amended by Chapter 10, Laws of Utah 1997
62A-4a-205, as last amended by Chapter 274, Laws of Utah 2000
63-63a-8, as last amended by Chapter 133, Laws of Utah 2000
76-5-303, as last amended by Chapter 18, Laws of Utah 1984
78-2a-3, as last amended by Chapters 159 and 198, Laws of Utah 1996
78-3a-103, as last amended by Chapter 99, Laws of Utah 1999
78-3a-104, as last amended by Chapter 149, Laws of Utah 2000
78-3a-105, as last amended by Chapter 149, Laws of Utah 2000
78-3a-118, as last amended by Chapter 149, Laws of Utah 2000
78-3a-307, as last amended by Chapter 285, Laws of Utah 2000
78-3a-409, as last amended by Chapter 329, Laws of Utah 1997
78-7-32, as enacted by Chapter 47, Laws of Utah 1997
78-30-4.16, as enacted by Chapter 168, Laws of Utah 1995
78-32-12.1, as last amended by Chapter 94, Laws of Utah 1998
78-32-12.2, as last amended by Chapter 94, Laws of Utah 1998
78-32-17, as last amended by Chapter 161, Laws of Utah 2000
78-45-7.7, as last amended by Chapter 161, Laws of Utah 2000
78-45-7.11, as last amended by Chapter 186, Laws of Utah 2000
78-45-7.17, as last amended by Chapter 118, Laws of Utah 1994
78-45a-10.5, as enacted by Chapter 29, Laws of Utah 1994
78-45c-102, as enacted by Chapter 247, Laws of Utah 2000
78-45c-209, as enacted by Chapter 247, Laws of Utah 2000
78-45c-304, as enacted by Chapter 247, Laws of Utah 2000
78-45c-305, as enacted by Chapter 247, Laws of Utah 2000
78-45f-305, as renumbered and amended by Chapter 232, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-2-22 is amended to read:
26-2-22. Inspection of vital records.
(1) (a) The vital records shall be open to inspection, but only in compliance with the
provisions of this chapter, department rules, and Section 78-30-18 . It is unlawful for any state or
local officer or employee to disclose data contained in vital records contrary to this chapter or
department rule.
(b) A custodian of vital records may permit inspection of a vital record or issue a certified
copy of a record or a part of it when the custodian is satisfied the applicant has demonstrated a direct,
tangible, and legitimate interest.
(2) A direct, tangible, and legitimate interest in a vital record is present only if:
(a) the request is from the subject, a member of the subject's immediate family, the guardian
of the subject, or a designated legal representative;
(b) the request involves a personal or property right of the subject of the record;
(c) the request is for official purposes of a state, local, or federal governmental agency;
(d) the request is for a statistical or medical research program and prior consent has been
obtained from the state registrar; or
(e) the request is a certified copy of an order of a court of record specifying the record to be
examined or copied.
(3) For purposes of Subsection (2):
(a) "immediate family member" means a spouse, child, parent, sibling, grandparent, or
grandchild;
(b) a designated legal representative means an attorney, physician, funeral director,
genealogist, or other agent of the subject or the subject's immediate family who has been delegated
the authority to access vital records;
(c) except as provided in Title 78, Chapter 30, Adoption, a parent, or the immediate family
member of a parent, who does not have legal or physical custody of or visitation or parent-time rights
for a child because of the termination of parental rights pursuant to Title 78, Chapter 3a, Juvenile
Courts, or by virtue of consenting to or relinquishing a child for adoption pursuant to Title 78,
Chapter 30, Adoption, may not be considered as having a direct, tangible, and legitimate interest;
and
(d) a commercial firm or agency requesting names, addresses, or similar information may
not be considered as having a direct, tangible, and legitimate interest.
(4) Upon payment of a fee established in accordance with Section 63-38-3.2 , the following
records shall be available to the public:
(a) except as provided in Subsection 26-2-10 (4)(b), a birth record, excluding confidential
information collected for medical and health use, if 100 years or more have passed since the date of
birth;
(b) a death record if 50 years or more have passed since the date of death; and
(c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have passed since
the date of the event upon which the record is based.
Section 2. Section 30-1-17.2 is amended to read:
30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
property, and children -- Legitimacy of children.
(1) If the parties have accumulated any property or acquired any obligations subsequent to
the marriage, if there is a genuine need arising from an economic change of circumstances due to the
marriage, or if there are children born or expected, the court may make temporary and final orders,
and subsequently modify the orders, relating to the parties, their property and obligations, the
children and their custody and [
parties and children, as may be equitable.
(2) Except as provided in Section 78-45a-1 , children born to the parties after the date of
their marriage shall be deemed the legitimate children of both of the parties.
Section 3. Section 30-3-3 is amended to read:
30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
(1) In any action filed under Title 30, Chapter 3, 4, or 6, and in any action to establish an
order of custody, [
domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including
expert witness fees, of the other party to enable the other party to prosecute or defend the action. The
order may include provision for costs of the action.
(2) In any action to enforce an order of custody, [
alimony, or division of property in a domestic case, the court may award costs and attorney fees upon
determining that the party substantially prevailed upon the claim or defense. The court, in its
discretion, may award no fees or limited fees against a party if the court finds the party is
impecunious or enters in the record the reason for not awarding fees.
(3) In any action listed in Subsection (1), the court may order a party to provide money,
during the pendency of the action, for the separate support and maintenance of the other party and
of any children in the custody of the other party.
(4) Orders entered under this section prior to entry of the final order or judgment may be
amended during the course of the action or in the final order or judgment.
Section 4. Section 30-3-5 is amended to read:
30-3-5. Disposition of property -- Maintenance and health care of parties and children
-- Division of debts -- Court to have continuing jurisdiction -- Custody and parent-time --
Determination of alimony -- Nonmeritorious petition for modification.
(1) When a decree of divorce is rendered, the court may include in it equitable orders relating
to the children, property, debts or obligations, and parties. The court shall include the following in
every decree of divorce:
(a) an order assigning responsibility for the payment of reasonable and necessary medical
and dental expenses of the dependent children;
(b) if coverage is or becomes available at a reasonable cost, an order requiring the purchase
and maintenance of appropriate health, hospital, and dental care insurance for the dependent
children;
(c) pursuant to Section 15-4-6.5 :
(i) an order specifying which party is responsible for the payment of joint debts, obligations,
or liabilities of the parties contracted or incurred during marriage;
(ii) an order requiring the parties to notify respective creditors or obligees, regarding the
court's division of debts, obligations, or liabilities and regarding the parties' separate, current
addresses; and
(iii) provisions for the enforcement of these orders; and
(d) provisions for income withholding in accordance with Title 62A, Chapter 11, Recovery
Services.
(2) The court may include, in an order determining child support, an order assigning
financial responsibility for all or a portion of child care expenses incurred on behalf of the dependent
children, necessitated by the employment or training of the custodial parent. If the court determines
that the circumstances are appropriate and that the dependent children would be adequately cared
for, it may include an order allowing the noncustodial parent to provide child care for the dependent
children, necessitated by the employment or training of the custodial parent.
(3) The court has continuing jurisdiction to make subsequent changes or new orders for the
custody of the children and their support, maintenance, health, and dental care, and for distribution
of the property and obligations for debts as is reasonable and necessary.
(4) (a) In determining [
grandparents[
of the child.
(b) Upon a specific finding by the court of the need for peace officer enforcement, the court
may include in an order establishing a parent-time or visitation schedule a provision, among other
things, authorizing any peace officer to enforce a court-ordered parent-time or visitation schedule
entered under this chapter.
(5) If a petition for modification of child custody or [
a court order is made and denied, the court shall order the petitioner to pay the reasonable attorneys'
fees expended by the prevailing party in that action, if the court determines that the petition was
without merit and not asserted or defended against in good faith.
(6) If a petition alleges substantial noncompliance with a [
a parent, or a visitation order by a grandparent[
to Section 78-32-12.2 where a visitation or parent-time right has been previously granted by the
court, the court may award to the prevailing party costs, including actual attorney fees and court costs
incurred by the prevailing party because of the other party's failure to provide or exercise
court-ordered visitation or parent-time.
(7) (a) The court shall consider at least the following factors in determining alimony:
(i) the financial condition and needs of the recipient spouse;
(ii) the recipient's earning capacity or ability to produce income;
(iii) the ability of the payor spouse to provide support;
(iv) the length of the marriage;
(v) whether the recipient spouse has custody of minor children requiring support;
(vi) whether the recipient spouse worked in a business owned or operated by the payor
spouse; and
(vii) whether the recipient spouse directly contributed to any increase in the payor spouse's
skill by paying for education received by the payor spouse or allowing the payor spouse to attend
school during the marriage.
(b) The court may consider the fault of the parties in determining alimony.
(c) As a general rule, the court should look to the standard of living, existing at the time of
separation, in determining alimony in accordance with Subsection (7)(a). However, the court shall
consider all relevant facts and equitable principles and may, in its discretion, base alimony on the
standard of living that existed at the time of trial. In marriages of short duration, when no children
have been conceived or born during the marriage, the court may consider the standard of living that
existed at the time of the marriage.
(d) The court may, under appropriate circumstances, attempt to equalize the parties'
respective standards of living.
(e) When a marriage of long duration dissolves on the threshold of a major change in the
income of one of the spouses due to the collective efforts of both, that change shall be considered
in dividing the marital property and in determining the amount of alimony. If one spouse's earning
capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court
may make a compensating adjustment in dividing the marital property and awarding alimony.
(f) In determining alimony when a marriage of short duration dissolves, and no children have
been conceived or born during the marriage, the court may consider restoring each party to the
condition which existed at the time of the marriage.
(g) (i) The court has continuing jurisdiction to make substantive changes and new orders
regarding alimony based on a substantial material change in circumstances not foreseeable at the
time of the divorce.
(ii) The court may not modify alimony or issue a new order for alimony to address needs of
the recipient that did not exist at the time the decree was entered, unless the court finds extenuating
circumstances that justify that action.
(iii) In determining alimony, the income of any subsequent spouse of the payor may not be
considered, except as provided in this Subsection (7).
(A) The court may consider the subsequent spouse's financial ability to share living
expenses.
(B) The court may consider the income of a subsequent spouse if the court finds that the
payor's improper conduct justifies that consideration.
(h) Alimony may not be ordered for a duration longer than the number of years that the
marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
circumstances that justify the payment of alimony for a longer period of time.
(8) Unless a decree of divorce specifically provides otherwise, any order of the court that a
party pay alimony to a former spouse automatically terminates upon the remarriage or death of that
former spouse. However, if the remarriage is annulled and found to be void ab initio, payment of
alimony shall resume if the party paying alimony is made a party to the action of annulment and his
rights are determined.
(9) Any order of the court that a party pay alimony to a former spouse terminates upon
establishment by the party paying alimony that the former spouse is cohabitating with another
person.
Section 5. 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, 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 [
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 6. Section 30-3-10 is amended to read:
30-3-10. Custody of children in case of separation or divorce -- Custody consideration.
(1) If a husband and wife having minor children are separated, or their marriage is declared
void or dissolved, the court shall make an order for the future care and custody of the minor children
as it considers appropriate. In determining custody, the court shall consider the best interests of the
child and the past conduct and demonstrated moral standards of each of the parties. The court may
inquire of the children and take into consideration the children's desires regarding future custody or
[
determine the children's custody or [
may be conducted by the judge in camera only with the prior consent of the parties.
(2) In awarding custody, the court shall consider, among other factors the court finds
relevant, which parent is most likely to act in the best interests of the child, including allowing the
child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
(3) If the court finds that one parent does not desire custody of the child, or has attempted
to permanently relinquish custody to a third party, it shall take that evidence into consideration in
determining whether to award custody to the other parent.
(4) (a) A court may not discriminate against a parent due to a disability, as defined in Section
57-21-2 , in awarding custody or determining whether a substantial change has occurred for the
purpose of modifying an award of custody.
(b) If a court takes a parent's disability into account in awarding custody or determining
whether a substantial change has occurred for the purpose of modifying an award of custody, the
parent with a disability may rebut any evidence, presumption, or inference arising therefrom by
showing that:
(i) the disability does not significantly or substantially inhibit the parent's ability to provide
for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resources available
to supplement the parent's ability to provide for the physical and emotional needs of the child at
issue.
(c) Nothing in this section may be construed to apply to:
(i) abuse, neglect, or dependency proceedings under Title 62A, Chapter 4a, Child and Family
Services, or Title 78, Chapter 3a, Juvenile Courts; or
(ii) adoption proceedings under Title 78, Chapter 30, Adoption.
Section 7. Section 30-3-10.4 is amended to read:
30-3-10.4. Modification or termination of order.
(1) On the motion of one or both of the joint legal custodians the court may, after a hearing,
modify an order that established joint legal custody if:
(a) the circumstances of the child or one or both custodians have materially and substantially
changed since the entry of the order to be modified, or the order has become unworkable or
inappropriate under existing circumstances; and
(b) a modification of the terms and conditions of the decree would be an improvement for
and in the best interest of the child.
(2) The order of joint legal custody shall be terminated by order of the court if both parents
file a motion for termination. At the time of entry of an order terminating joint legal custody, the
court shall enter an order of sole legal custody under Section 30-3-10 . All related issues, including
[
(3) If the court finds that an action under this section is filed or answered frivolously and in
a manner designed to harass the other party, the court shall assess attorney's fees as costs against the
offending party.
Section 8. Section 30-3-32 is amended to read:
30-3-32. Parent-time -- Intent -- Policy -- Definitions.
(1) It is the intent of the Legislature to promote [
with all parties' interests.
(2) Absent a showing by a preponderance of evidence of real harm or substantiated potential
harm to the child:
(a) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to have
frequent, meaningful, and continuing access to each parent following separation or divorce;
(b) each divorcing, separating, or adjudicated parent is entitled to and responsible for
frequent, meaningful, and continuing access with his child consistent with the child's best interests;
and
(c) it is in the best interests of the child to have both parents actively involved in parenting
the child.
(3) For purposes of Sections 30-3-32 through 30-3-37 :
(a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
(b) "Christmas school vacation" means the time period beginning on the evening the child
gets out of school for the Christmas or winter school break until the evening before the child returns
to school, except for Christmas Eve, Christmas Day, and New Year's Day.
(c) "Extended [
a weekend, holiday as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as
provided in Subsections 30-3-33 (4) and (16), and "Christmas school vacation."
Section 9. Section 30-3-33 is amended to read:
30-3-33. Advisory guidelines.
In addition to the [
and [
arrangements between parents. These advisory guidelines include:
(1) [
to a court-imposed solution;
(2) the [
stability of the child's life;
(3) special consideration shall be given by each parent to make the child available to attend
family functions including funerals, weddings, family reunions, religious holidays, important
ceremonies, and other significant events in the life of the child or in the life of either parent which
may inadvertently conflict with the [
(4) the noncustodial parent shall pick up the child at the times specified and return the child
at the times specified, and the child's regular school hours shall not be interrupted;
(5) the custodial parent shall have the child ready for [
is to be picked up and shall be present at the custodial home or shall make reasonable alternate
arrangements to receive the child at the time he is returned;
(6) the court may make alterations in the [
accommodate the work schedule of both parents and may increase the [
allowed to the noncustodial parent but shall not diminish the standardized [
provided in [
(7) the court may make alterations in the [
accommodate the distance between the parties and the expense of exercising [
(8) neither [
failure to comply with a court-ordered [
(9) the custodial parent shall notify the noncustodial parent within 24 hours of receiving
notice of all significant school, social, sports, and community functions in which the child is
participating or being honored, and the noncustodial parent shall be entitled to attend and participate
fully;
(10) the noncustodial parent shall have access directly to all school reports including
preschool and daycare reports and medical records and shall be notified immediately by the custodial
parent in the event of a medical emergency;
(11) each parent shall provide the other with his current address and telephone number
within 24 hours of any change;
(12) each parent shall permit and encourage liberal telephone contact during reasonable
hours and uncensored mail privileges with the child;
(13) parental care shall be presumed to be better care for the child than surrogate care and
the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and
able, to provide child care;
(14) each parent shall provide all surrogate care providers with the name, current address,
and telephone number of the other parent and shall provide the noncustodial parent with the name,
current address, and telephone number of all surrogate care providers unless the court for good cause
orders otherwise; and
(15) each parent shall be entitled to an equal division of major religious holidays celebrated
by the parents, and the parent who celebrates a religious holiday that the other parent does not
celebrate shall have the right to be together with the child on the religious holiday.
Section 10. Section 30-3-34 is amended to read:
30-3-34. Best interests -- Rebuttable presumption.
(1) If the parties are unable to agree on a [
establish a [
(2) The advisory guidelines as provided in Section 30-3-33 and the [
schedule as provided in [
in the best interests of the child. The [
minimum [
unless a parent can establish otherwise by a preponderance of the evidence that more or less
[
(a) [
the child's emotional development;
(b) the distance between the residency of the child and the noncustodial parent;
(c) a substantiated or unfounded allegation of child abuse has been made;
(d) the lack of demonstrated parenting skills without safeguards to ensure the child's
well-being during [
(e) the financial inability of the noncustodial parent to provide adequate food and shelter for
the child during periods of [
(f) the preference of the child if the court determines the child to be of sufficient maturity;
(g) the incarceration of the noncustodial parent in a county jail, secure youth corrections
facility, or an adult corrections facility;
(h) shared interests between the child and the noncustodial parent;
(i) the involvement of the noncustodial parent in the school, community, religious, or other
related activities of the child;
(j) the availability of the noncustodial parent to care for the child when the custodial parent
is unavailable to do so because of work or other circumstances;
(k) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled
[
(l) the minimal duration of and lack of significant bonding in the parents' relationship prior
to the conception of the child;
(m) the [
(n) the lack of reasonable alternatives to the needs of a nursing child; and
(o) any other criteria the court determines relevant to the best interests of the child.
(3) The court shall enter the reasons underlying its order for [
(a) incorporates a [
30-3-35.5 ; or
(b) provides more or less [
provided in Section 30-3-35 or [
(4) Once the [
the schedule except by mutual consent of the parties or a court order.
Section 11. Section 30-3-35 is amended to read:
30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The [
age.
(2) If the parties do not agree to a [
shall be considered the minimum [
child shall be entitled:
(a) (i) one weekday evening to be specified by the noncustodial parent or the court from 5:30
p.m. until 8:30 p.m.; or
(ii) at the election of the noncustodial parent, one weekday from the time the child's school
is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection (2)(a)(i);
(b) (i) alternating weekends beginning on the first weekend after the entry of the decree from
6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
(ii) at the election of the noncustodial parent, from the time the child's school is regularly
dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection
(2)(b)(i);
(c) holidays take precedence over the weekend [
not be made to the regular rotation of the alternating weekend [
(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be
responsible for the child's attendance at school for that school day;
(e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period
extends beyond that time so that the child is free from school and the parent is free from work, the
noncustodial parent shall be entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, [
holiday weekend may begin from the time the child's school is regularly dismissed at the beginning
of the holiday weekend until 7 p.m. on the last day of the holiday weekend;
(f) in years ending in an odd number, the noncustodial parent is entitled to the following
holidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until
9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
(ii) Human Rights Day beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii) spring break or Easter holiday beginning at 6 p.m. on the day school lets out for the
holiday until 7 p.m. on the Sunday before school resumes;
(iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
(vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
holiday; and
(vii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32 (3)(b)
plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided;
(g) in years ending in an even number, the noncustodial parent is entitled to the following
holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of
the noncustodial parent, he may take other siblings along for the birthday;
(ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday;
(iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at
6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time
to which the noncustodial parent is completely entitled;
(vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
holiday;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
(viii) the second portion of the Christmas school vacation as defined in Subsection
30-3-32 (3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas
holiday is equally divided;
(h) Father's Day shall be spent with the natural or adoptive father every year beginning at 9
a.m. until 7 p.m. on the holiday;
(i) Mother's Day shall be spent with the natural or adoptive mother every year beginning at
9 a.m. until 7 p.m. on the holiday;
(j) extended [
(i) up to four weeks consecutive at the option of the noncustodial parent;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to [
parent consistent with these guidelines;
(k) the custodial parent shall have an identical two-week period of uninterrupted time during
the children's summer vacation from school for purposes of vacation;
(l) if the child is enrolled in year-round school, the noncustodial parent's extended
[
custodial parent has holiday and phone visits;
(m) notification of extended [
be provided at least 30 days in advance to the other parent; and
(n) telephone contact shall be at reasonable hours and for reasonable duration.
(3) Any elections required to be made in accordance with this section by either parent
concerning [
[
Section 12. Section 30-3-35.5 is amended to read:
30-3-35.5. Minimum schedule for parent-time for children under five years of age.
(1) The [
old.
(2) If the parties do not agree to a [
shall be considered the minimum [
child shall be entitled:
(a) for children under five months of age:
(i) six hours of [
noncustodial parent preferably:
(A) divided into three [
(B) in the custodial home, established child care setting, or other environment familiar to
the child;
(ii) two hours on holidays and in the years specified in Subsections 30-3-35 (2)(f) through
(i) preferably in the custodial home, the established child care setting, or other environment familiar
to the child;
(b) for children five months of age or older, but younger than [
(i) nine hours of [
noncustodial parent preferably:
(A) divided into three [
(B) in the custodial home, established child care setting, or other environment familiar to
the child;
(ii) two hours on the holidays and in the years specified in Subsections 30-3-35 (2)(f) through
(i) preferably in the custodial home, the established child care setting, or other environment familiar
to the child;
(c) for children [
(i) one eight-hour visit per week to be specified by the noncustodial parent or court;
(ii) one three-hour visit per week to be specified by the noncustodial parent or court;
(iii) eight hours on the holidays and in the years specified in Subsections 30-3-5 (2)(f)
through (i); and
(iv) brief phone contact with the noncustodial parent at least two times per week;
(d) for children 18 months of age or older, but younger than three years of age:
(i) one weekday evening for two hours between 5:30 p.m. and 8:30 p.m. to be specified by
the noncustodial parent or court;
(ii) alternative weekends beginning on the first weekend after the entry of the decree from
[
(iii) [
(i);
(iv) extended [
(A) two one-week periods, separated by at least four weeks, at the option of the noncustodial
parent;
(B) one week shall be uninterrupted time for the noncustodial parent;
(C) the remaining week shall be subject to [
consistent with these guidelines; and
(D) the custodial parent shall have an identical one-week period of uninterrupted time for
vacation; and
(v) brief phone contact with the noncustodial parent at least two times per week;
(e) for children three years of age or older, but younger than five years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
noncustodial parent or court;
(ii) alternative weekends beginning on the first weekend after the entry of the decree from
[
(iii) [
(i);
(iv) extended [
(A) two two-week periods, separated by at least four weeks, at the option of the noncustodial
parent;
(B) one two-week period shall be uninterrupted time for the noncustodial parent;
(C) the remaining two-week period shall be subject to [
custodial parent consistent with these guidelines; and
(D) the custodial parent shall have an identical two-week period of uninterrupted time for
vacation; and
(v) brief phone contact with the noncustodial parent at least two times per week.
(3) A parent shall notify the other parent at least 30 days in advance of extended [
parent-time or vacation weeks.
(4) Telephone contact shall be at reasonable hours and for reasonable duration.
Section 13. Section 30-3-36 is amended to read:
30-3-36. Special circumstances.
(1) When [
child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible
adverse effects upon the child and gradually reintroduce an appropriate [
for the noncustodial parent.
(2) For emergency purposes, whenever the child travels with either parent, all of the
following will be provided to the other parent:
(a) an itinerary of travel dates;
(b) destinations;
(c) places where the child or traveling parent can be reached; and
(d) the name and telephone number of an available third person who would be
knowledgeable of the child's location.
(3) Unchaperoned travel of a child under the age of five years is not recommended.
Section 14. Section 30-3-37 is amended to read:
30-3-37. Relocation.
(1) When either parent decides to move from the state of Utah or 150 miles or more from
the residence specified in the court's decree, that parent shall provide reasonable advance written
notice of the intended relocation to the other parent.
(2) The court may, upon motion of any party or upon the court's own motion, schedule a
hearing with notice to review the [
and make appropriate orders regarding the [
parent-time transportation.
(3) In determining the [
costs, the court shall consider:
(a) the reason for the parent's relocation;
(b) the additional costs or difficulty to both parents in exercising [
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
(4) Upon the motion of any party, the court may order the parent intending to move to pay
the costs of transportation for:
(a) at least one visit per year with the other parent; and
(b) any number of additional visits as determined equitable by the court.
(5) Upon the motion of any party, the court may order uninterrupted [
with the noncustodial parent for a minimum of 30 days during extended [
except if the court finds it is not in the best interests of the child.
Section 15. Section 30-3-38 is amended to read:
30-3-38. Pilot Program for Expedited Parent-time Enforcement.
(1) There is established an Expedited [
in the third judicial district to be administered by the Administrative Office of the Courts from July
1, 1996, to July 1, 2003.
(2) As used in this section:
(a) "Mediator" means a person who:
(i) is qualified to mediate [
Administrative Office of the Courts; and
(ii) agrees to follow billing guidelines established by the Administrative Office of the Courts
and this section.
(b) "Services to facilitate [
assist families in resolving [
(i) counseling;
(ii) supervised [
(iii) neutral drop-off and pick-up;
(iv) educational classes; and
(v) other related activities.
(3) (a) Under this pilot program, if a parent files a motion in the third district court alleging
that court-ordered [
assigning the case to a judge, shall refer the case to the administrator of this pilot program for
assignment to a mediator.
(b) Upon receipt of a case, the mediator shall:
(i) meet with the parents to address [
motion being filed;
(ii) assess the situation;
(iii) facilitate an agreement on [
(iv) determine whether a referral to a service provider under Subsection (3)(c) is warranted.
(c) While a case is in mediation, a mediator may refer the parents to a service provider
designated by the Department of Human Services for services to facilitate [
if:
(i) the services may be of significant benefit to the parents; or
(ii) (A) a mediated agreement between the parents is unlikely; and
(B) the services may facilitate an agreement.
(d) At any time during mediation, a mediator shall terminate mediation and transfer the case
to the administrator of the pilot program for referral to the judge or court commissioner to whom the
case was assigned under Subsection (3)(a) if:
(i) a written agreement between the parents is reached; or
(ii) the parents are unable to reach an agreement through mediation[
(A) the parents have received services to facilitate [
(B) both parents object to receiving services to facilitate [
(C) the parents are unlikely to benefit from receiving services to facilitate [
parent-time.
(e) Upon receiving a case from the administrator of the pilot program, a judge or court
commissioner may:
(i) review the agreement of the parents and, if acceptable, sign it as an order;
(ii) order the parents to receive services to facilitate [
(iii) proceed with the case; or
(iv) take other appropriate action.
(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a child who
is the subject of a [
parent's household to a mediator or service provider, the mediator or service provider shall
immediately report that information to:
(i) the judge assigned to the case who may immediately issue orders and take other
appropriate action to resolve the allegation and protect the child; and
(ii) the Division of Child and Family Services within the Department of Human Services in
the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
Requirements.
(b) If an allegation under Subsection (4)(a) is made against a parent with [
parent-time rights or a member of that parent's household, [
shall, pursuant to an order of the court, be supervised until:
(i) the allegation has been resolved; or
(ii) a court orders otherwise.
(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
mediate [
to facilitate [
(5) (a) The Department of Human Services may contract with one or more entities in
accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
(i) services to facilitate [
(ii) case management services; and
(iii) administrative services.
(b) An entity who contracts with the Department of Human Services under Subsection (5)(a)
shall:
(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
(ii) agree to follow billing guidelines established by the Department of Human Services and
this section.
(6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
(i) reduced to a sum certain;
(ii) divided equally between the parents; and
(iii) charged against each parent taking into account the ability of that parent to pay under
billing guidelines adopted in accordance with this section.
(b) A judge may order a parent to pay an amount in excess of that provided for in Subsection
(6)(a) if the parent:
(i) failed to participate in good faith in mediation or services to facilitate [
parent-time; or
(ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
(c) (i) The cost of mediation and services to facilitate [
to parents at periodic intervals.
(ii) Mediation and services to facilitate [
the ground of nonpayment if both parents are delinquent.
(7) If a parent fails to cooperate in good faith in mediation or services to facilitate [
parent-time, a court may order, in subsequent proceedings, a temporary change in custody or
[
(8) (a) The Judicial Council may make rules to implement and administer the provisions of
this pilot program related to mediation.
(b) The Department of Human Services may make rules to implement and administer the
provisions of this pilot program related to services to facilitate [
(9) (a) The Administrative Office of the Courts shall adopt outcome measures to evaluate
the effectiveness of the mediation component of this pilot program. Progress reports shall be
provided to the Judiciary Interim Committee as requested by the committee. At least once during
this pilot program, the Administrative Office of the Courts shall present to the committee the results
of a survey that measures the effectiveness of the program in terms of increased compliance with
[
(b) The Department of Human Services shall adopt outcome measures to evaluate the
effectiveness of the services component of this pilot program. Progress reports shall be provided to
the Judiciary Interim Committee as requested by the committee.
(c) The Administrative Office of the Courts and the Department of Human Services may
adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections (8)(a)
and (b).
(10) (a) The Department of Human Services shall apply for federal funds as available.
(b) This pilot program shall be funded through funds received under Subsection (10)(a).
Section 16. Section 30-6-4.2 is amended to read:
30-6-4.2. Protective orders -- Ex parte protective orders -- Modification of orders --
Service of process -- Duties of the court.
(1) If it appears from a petition for an order for protection or a petition to modify an order
for protection that domestic violence or abuse has occurred or a modification of an order for
protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an order for
protection ex parte as it considers necessary to protect the petitioner and all parties named to be
protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whether or
not the respondent appears.
(2) A court may grant the following relief without notice in an order for protection or a
modification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence or
abuse against the petitioner and any designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
communicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises, and
order the respondent to stay away from the residence, school, or place of employment of the
petitioner, and the premises of any of these, or any specified place frequented by the petitioner and
any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a serious
threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
firearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, and direct
the appropriate law enforcement officer to accompany the petitioner to the residence of the parties
to ensure that the petitioner is safely restored to possession of the residence, automobile, and other
essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(f) grant temporary custody of any minor children to the petitioner;
(g) order any further relief that the court considers necessary to provide for the safety and
welfare of the petitioner and any designated family or household member; and
(h) if the petition requests child support or spousal support, at the hearing on the petition
order both parties to provide verification of current income, including year-to-date pay stubs or
employer statements of year-to-date or other period of earnings, as specified by the court, and
complete copies of tax returns from at least the most recent year.
(3) A court may grant the following relief in an order for protection or a modification of an
order after notice and hearing, whether or not the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for [
and require supervision of that [
parent-time if necessary to protect the safety of the petitioner or child.
(4) Following the protective order hearing, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by the
petitioner, and the respondent, if present;
(c) transmit, by the end of the next business day after the order is issued, a copy of the order
for protection to the local law enforcement agency or agencies designated by the petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described in
Section 30-6-8 .
(5) (a) Each protective order shall include two separate portions, one for provisions, the
violation of which are criminal offenses, and one for provisions, the violation of which are civil
violations, as follows:
(i) criminal offenses are those under Subsections 30-6-4.2 (2)(a) through (e), and under
Subsection 30-6-4.2 (3)(a) as it refers to Subsections 30-6-4.2 (2)(a) through (e); and
(ii) civil offenses are those under Subsections 30-6-4.2 (2)(f) through (h), and Subsection
30-6-4.2 (3)(a) as it refers to Subsections 30-6-4.2 (2)(f) through (h).
(b) The criminal provision portion shall include a statement that violation of any criminal
provision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to comply
with a civil provision is subject to contempt proceedings.
(6) The protective order shall include:
(a) a designation of a specific date, determined by the court, when the civil portion of the
protective order either expires or is scheduled for review by the court, which date may not exceed
150 days after the date the order is issued, unless the court indicates on the record the reason for
setting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of the respondent,
such as social security number, driver license number, date of birth, address, telephone number, and
physical description; and
(c) a statement advising the petitioner that:
(i) after three years from the date of issuance of the protective order, a hearing may be held
to dismiss the criminal portion of the protective order;
(ii) the petitioner should, within the 30 days prior to the end of the three-year period, advise
the court of the petitioner's current address for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.
(7) Child support and spouse support orders issued as part of a protective order are subject
to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in IV-D
Cases, and Title 62A, Chapter 11, Part 5, [
[
(8) (a) The county sheriff that receives the order from the court, pursuant to Subsection
(5)(a), shall provide expedited service for orders for protection issued in accordance with this
chapter, and shall transmit verification of service of process, when the order has been served, to the
statewide domestic violence network described in Section 30-6-8 .
(b) This section does not prohibit any law enforcement agency from providing service of
process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is possible;
or
(ii) determines that under the circumstances, providing service of process on the respondent
is in the best interests of the petitioner.
(9) (a) When an order is served on a respondent in a jail or other holding facility, the law
enforcement agency managing the facility shall make a reasonable effort to provide notice to the
petitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to provide
notification, including mailing a copy of the notification to the last-known address of the victim.
(10) (a) A court may modify or vacate an order of protection or any provisions in the order
after notice and hearing, except as limited under Subsection (10)(b).
(b) Criminal provisions of a protective order may not be vacated within three years of
issuance unless the petitioner:
(i) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules
of Civil Procedure, and the petitioner personally appears before the court and gives specific consent
to the vacation of the criminal provisions of the protective order; or
(ii) submits a verified affidavit, stating agreement to the vacation of the criminal provisions
of the protective order.
(11) A protective order may be modified without a showing of substantial and material
change in circumstances.
(12) Insofar as the provisions of this chapter are more specific than the Utah Rules of Civil
Procedure, regarding protective orders, the provisions of this chapter govern.
Section 17. Section 62A-4a-205 is amended to read:
62A-4a-205. Treatment plans.
(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) (a) The division shall involve all of the following in the development of a child's
treatment plan:
(i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
(ii) the child;
(iii) the child's foster parents; and
(iv) where appropriate, the child's stepparent.
(b) In relation to all information considered by the division in developing a treatment plan,
additional weight and attention shall be given to the input of the child's natural and foster parents
upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
(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 immediately upon completion, or as soon as is reasonably possible
thereafter.
(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.
(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 primary permanency goal for the child and the reason for selection of that goal;
(c) the concurrent permanency goal for the child and the reason for the selection of that goal;
(d) 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;
(e) the specific services needed to reduce the problems that necessitated placement in the
division's custody, and who will provide for and be responsible for case management;
(f) a [
(g) 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
(h) social summaries that include case history information pertinent to case planning.
(7) (a) Each 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.
(d) The child's natural parents, foster parents, and where appropriate, stepparents, shall be
kept informed of and supported to participate in important meetings and procedures related to the
child's placement.
(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 permanency plan for that child shall be adoption unless there are documented
extenuating circumstances that justify long-term foster care or guardianship.
Section 18. Section 63-63a-8 is amended to read:
63-63a-8. Children's Legal Defense Account.
(1) There is created a restricted account within the General Fund known as the Children's
Legal Defense Account.
(2) The purpose of the Children's Legal Defense Account is to provide for programs that
protect and defend the rights, safety, and quality of life of children.
(3) The Legislature shall appropriate money from the account for the administrative and
related costs of the following programs:
(a) implementing the Mandatory Educational Course on Children's Needs for Divorcing
Parents relating to the effects of divorce on children as provided in Sections 30-3-4 , 30-3-7 ,
30-3-10.3 , 30-3-11.3 , 30-3-15.3 , and 30-3-18 , and the Mediation Pilot Program - Child Custody or
[
(b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2 , 78-3a-318 ,
78-3a-912 , 78-11-6 , and 78-7-9 ; the training of guardian ad litems and volunteers as provided in
Section 78-3a-912 ; and termination of parental rights as provided in Sections 78-3a-118 , 78-3a-119 ,
78-3a-903 , and Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act. This account may
not be used to supplant funding for the guardian ad litem program in the juvenile court as provided
in Section 78-3a-912 ; and
(c) implementing and administering the Expedited [
Pilot Program as provided in Section 30-3-38 .
(4) The following withheld fees shall be allocated only to the Children's Legal Defense
Account and used only for the purposes provided in Subsections (3)(a) through (c):
(a) the additional $10 fee withheld on every marriage license issued in the state of Utah as
provided in Section 21-2-8 ; and
(b) a fee of $2 shall be withheld from the existing civil filing fee collected on any complaint,
affidavit, or petition in a civil, probate, or adoption matter in every court of record.
(5) The Division of Finance shall allocate the monies described in Subsection (4) from the
General Fund to the Children's Legal Defense Account.
(6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any
fiscal year shall lapse into the General Fund.
Section 19. Section 76-5-303 is amended to read:
76-5-303. Custodial interference.
(1) A person, whether a parent or other, is guilty of custodial interference if, without good
cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its parent,
guardian, or other lawful custodian:
(a) knowing the actor has no legal right to do so; and
(b) with intent to hold the child for a period substantially longer than the [
parent-time or custody period previously awarded by a court of competent jurisdiction.
(2) A person, whether a parent or other, is guilty of custodial interference if, having actual
physical custody of a child under the age of 16 pursuant to a judicial award of any court of competent
jurisdiction which grants to another person parent-time, visitation, or custody rights, and without
good cause the actor conceals or detains the child with intent to deprive the other person of lawful
parent-time, visitation, or custody rights.
(3) Custodial interference is a class A misdemeanor unless the child is removed and taken
from one state to another, in which case it is a felony of the third degree.
Section 20. Section 78-2a-3 is amended to read:
78-2a-3. Court of Appeals jurisdiction.
(1) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all
writs and process necessary:
(a) to carry into effect its judgments, orders, and decrees; or
(b) in aid of its jurisdiction.
(2) The Court of Appeals has appellate jurisdiction, including jurisdiction of interlocutory
appeals, over:
(a) the final orders and decrees resulting from formal adjudicative proceedings of state
agencies or appeals from the district court review of informal adjudicative proceedings of the
agencies, except the Public Service Commission, State Tax Commission, School and Institutional
Trust Lands Board of Trustees, Division of Forestry, Fire and State Lands actions reviewed by the
executive director of the Department of Natural Resources, Board of Oil, Gas, and Mining, and the
state engineer;
(b) appeals from the district court review of:
(i) adjudicative proceedings of agencies of political subdivisions of the state or other local
agencies; and
(ii) a challenge to agency action under Section 63-46a-12.1 ;
(c) appeals from the juvenile courts;
(d) interlocutory appeals from any court of record in criminal cases, except those involving
a charge of a first degree or capital felony;
(e) appeals from a court of record in criminal cases, except those involving a conviction of
a first degree or capital felony;
(f) appeals from orders on petitions for extraordinary writs sought by persons who are
incarcerated or serving any other criminal sentence, except petitions constituting a challenge to a
conviction of or the sentence for a first degree or capital felony;
(g) appeals from the orders on petitions for extraordinary writs challenging the decisions of
the Board of Pardons and Parole except in cases involving a first degree or capital felony;
(h) appeals from district court involving domestic relations cases, including, but not limited
to, divorce, annulment, property division, child custody, support, visitation, parent-time, adoption,
and paternity;
(i) appeals from the Utah Military Court; and
(j) cases transferred to the Court of Appeals from the Supreme Court.
(3) The Court of Appeals upon its own motion only and by the vote of four judges of the
court may certify to the Supreme Court for original appellate review and determination any matter
over which the Court of Appeals has original appellate jurisdiction.
(4) The Court of Appeals shall comply with the requirements of Title 63, Chapter 46b,
Administrative Procedures Act, in its review of agency adjudicative proceedings.
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
(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.
(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) "Habitual truant" is a school-age minor who has received more than two truancy citations
within one school year from the school in which the minor is or should be enrolled and eight
absences without a legitimate or valid excuse or who, in defiance of efforts on the part of school
authorities as required under Section 53A-11-103 , refuses to regularly attend school or any scheduled
period of the school day.
(o) "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
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.
(p) "Minor" means a person under the age of 18 years. It includes the term "child" as used
in other parts of this chapter.
(q) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's
noncustodial parent.
(r) (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)(r)(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.
(s) "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.
(t) "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
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.
(u) "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.
(v) "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 [
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.
(w) "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.
(x) "Shelter" means the temporary care of minors in physically unrestricted facilities pending
court disposition or transfer to another jurisdiction.
(y) "State supervision" means a disposition which provides a more intensive level of
intervention than standard probation but is less intensive or restrictive than a community placement
with the Division of Youth Corrections.
(z) "Termination of parental rights" means the permanent elimination of all parental rights
and duties, including residual parental rights and duties, by court order.
(aa) "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.
(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.
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 or
stepparent of the minor against a natural parent or stepparent 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 is a habitual truant from school;
(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;
(m) the commitment of a minor in accordance with Section 62A-8-501 ; and
(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
(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, parent-time, 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;
(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
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 or stepparent of the minor against a natural
parent or stepparent 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 [
of habeas corpus or when the question of support, custody, and [
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 [
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 [
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, parent-time, 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.
(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-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
minor's own home and upon conditions determined by the court, including compensatory service as
provided in Section 78-11-20.7 .
(ii) The court may place the minor in state supervision with the probation department of the
court, under the legal custody of his parent or guardian, the Division of Youth Corrections, or the
Division of Child and Family Services.
(iii) If the court orders probation or state supervision, 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.
(iv) 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) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
(iii) 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 Title 78, Chapter 3a, 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
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 45 days, which may be extended up to 15 days at the request
of the director.
(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 (2)(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 Title 78, Chapter 3a, 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.
(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
compensatory service in lieu of paying part or all of the fine imposed by the court.
(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 compensatory service. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as compensatory 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 compensatory 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 compensatory 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 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) [
(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 Title 78, Chapter 3a, 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
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 Title 78,
Chapter 3a, 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.
(3) In addition to the dispositions described above, when a minor comes within the court's
jurisdiction he may be given a choice by the judge to serve in the National Guard in lieu of other
sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National Guard as
determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Controlled Substances; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the juvenile court
judge and agreed upon by the recruiter or the unit the minor is eventually assigned to.
Section 25. 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 (1)(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 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.
(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 [
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
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 court shall
order the parents to cooperate with the division, within five working days, to provide information
regarding relatives who may be able and willing to care for 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
(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.
(iv) The division shall complete and file its assessment regarding placement with a relative
as soon as practicable, in an effort to facilitate placement of the child with a relative.
(c) The court may place the child in the temporary custody of the division, pending the
division's investigation pursuant to Subsection (5)(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, brother-in-law, sister-in-law, stepparent, first
cousin, stepsibling, or sibling of the child. In the case of a child defined as an "Indian" under the
Indian Child Welfare Act, 25 U.S.C. Section 1903, "relative" also means an "extended family
member" as defined by that statute.
(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 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) placement with the relative continues to be in the child's best interest;
(B) the child should be returned home; or
(C) the child should be placed in the custody of the division.
(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.
(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).
(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 120 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 the time period described in Subsection (8)(a) 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.
Section 26. Section 78-3a-409 is amended to read:
78-3a-409. Specific considerations where child is not in physical custody of parent.
(1) If a child is not in the physical custody of the parent or parents, the court, in determining
whether parental rights should be terminated shall consider, but is not limited to, the following:
(a) the physical, mental, or emotional condition and needs of the child and his desires
regarding the termination, if the court determines he is of sufficient capacity to express his desires;
and
(b) the effort the parent or parents have made to adjust their circumstances, conduct, or
conditions to make it in the child's best interest to return him to his home after a reasonable length
of time, including but not limited to:
(i) payment of a reasonable portion of substitute physical care and maintenance, if financially
able;
(ii) maintenance of regular [
designed and carried out in a plan to reunite the child with the parent or parents; and
(iii) maintenance of regular contact and communication with the custodian of the child.
(2) For purposes of this section, the court shall disregard incidental conduct, contributions,
contacts, and communications.
Section 27. Section 78-7-32 is amended to read:
78-7-32. Domestic relations cases -- Party designation.
Parties in domestic relations cases, including divorce, annulment, property division, child
custody, support, [
and respondent.
Section 28. Section 78-30-4.16 is amended to read:
78-30-4.16. Contested adoptions -- Rights of parties -- Determination of custody.
(1) Whenever any party contests an adoption, the court shall first determine whether the
provisions of this chapter have been complied with. If a party who was entitled to notice and consent
under the provisions of this chapter, was denied that right, and did not otherwise waive or forfeit that
right under the terms of this chapter, the court may:
(a) enjoin the adoption, or dismiss the adoption petition, and proceed in accordance with
Subsection (2); or
(b) determine whether proper grounds for termination of that parent's rights exist and, if so,
order that the parent's rights be terminated in accordance with the provisions of this chapter or Title
78, Chapter 3a, Part 4, Termination of Parental Rights Act.
(2) (a) In any case, and under any circumstance, if a court determines that a petition for
adoption may not be granted, the court may not automatically grant custody of a child to a
challenging biological parent, but shall conduct an evidentiary hearing in each case, in order to
determine who should have custody of the child, in accordance with the child's best interest.
(b) Evidence considered at that hearing may include, but is not limited to, evidence of
psychological or emotional bonds that the child had formed with third parties and any detriment that
a change in custody may cause to the child. The fact that a person relinquished a child to a licensed
child placing agency or executed a consent for adoption may not be considered by the court as
evidence of neglect or abandonment.
(c) Any custody order entered pursuant to this section may also include provisions for
[
for the financial support of the child.
(3) An adoption may not be contested after the final decree of adoption is entered.
Section 29. Section 78-32-12.1 is amended to read:
78-32-12.1. Compensatory service for violation of parent-time order or failure to pay
child support.
(1) If a court finds by a preponderance of the evidence that a parent has refused to comply
with the minimum amount of [
order the parent to:
(a) perform a minimum of ten hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the parent about
the importance of complying with the court order and providing a child a continuing relationship
with both parents.
(2) If a custodial parent is ordered to perform compensatory service or undergo court-ordered
education, there is a rebuttable presumption that the noncustodial parent be granted [
parent-time by the court to provide child care during the time the custodial parent is complying with
compensatory service or education in order to recompense him for [
wrongfully denied by the custodial parent under the divorce decree.
(3) If a noncustodial parent is ordered to perform compensatory service or undergo
court-ordered education, the court shall attempt to schedule the compensatory service or education
at times that will not interfere with the noncustodial parent's [
(4) The person ordered to participate in court-ordered education is responsible for expenses
of workshops, classes, and individual counseling.
(5) If a court finds by a preponderance of the evidence that an obligor, as defined in Section
78-45-2 , has refused to pay child support as ordered by a court in accordance with Title 78, Chapter
45, Uniform Civil Liability for Support Act, the court shall order the obligor to:
(a) perform a minimum of ten hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the obligor about
the importance of complying with the court order and providing the children with a regular and
stable source of support.
(6) The obligor is responsible for the expenses of workshops, classes, and individual
counseling ordered by the court.
(7) If a court orders an obligor to perform compensatory service or undergo court-ordered
education, the court shall attempt to schedule the compensatory service or education at times that
will not interfere with the obligor's [
(8) The sanctions that the court shall impose under this section do not prevent the court from
imposing other sanctions as provided in Section 78-32-12.2 or other provisions in this chapter, or
prevent any person from bringing a cause of action allowed under state or federal law.
(9) The Legislature shall allocate the money from the Children's Legal Defense Account to
the judiciary to defray the cost of enforcing and administering this section.
Section 30. Section 78-32-12.2 is amended to read:
78-32-12.2. Definitions -- Sanctions.
(1) For purposes of this section:
(a) "Make up [
(i) of the same type and duration of [
including [
[
(ii) to be made up within one year after the court has entered its order of make up [
parent-time; and
(iii) in the manner chosen by the aggrieved parent if it is in the best interest of the child.
[
with an original [
[
30-5-2 , by other immediate family members, or upon the court's own motion alleging that a parent
is not complying with a [
[
pattern of noncompliance:
(i) a first petition is a petition to enforce an original order of [
petition filed after three years from the last [
(ii) a second petition is a petition filed within three years following entry of the first
[
(iii) a third petition is a petition filed within three years following entry of the second
[
[
(i) substantially interferes with a court-ordered [
(ii) interferes with parent's right to frequent, meaningful, and continuing access with his
child and which substantially impairs that parent-child relationship.
(2) Upon a first petition, the court shall order:
(a) if the first petition is uncontested, by default:
(i) a permanent injunction enjoining the noncompliance with the court's [
parent-time order;
(ii) make up [
(iii) participation in workshops, classes, or individual counseling to educate the parent about
the importance of complying with the court order and providing the child with a continuing
relationship with both parents as provided in Subsection 78-32-12.1 (1)(b); or
(b) if the first petition is contested, the court shall hold a hearing to determine by a
preponderance of the evidence whether there has been a substantial noncompliance with the
[
(3) Upon a finding of substantial noncompliance, the court shall order:
(a) actual costs including actual attorney fees and court costs to the prevailing party;
(b) make up [
(c) a minimum of ten hours of compensatory service as provided in Subsection
78-32-12.1 (1)(a); and
(d) a permanent injunction enjoining the noncompliance with the court's [
parent-time order.
(4) Upon a finding of substantial noncompliance, the court may order:
(a) mediation with the requirement to report back to the court on the results of mediation
within 30 days;
(b) participation in workshops, classes, or individual counseling to educate the parent about
the importance of complying with the court order and providing the child with a continuing
relationship with both parents as provided in Subsection 78-32-12.1 (1)(b); or
(c) a fine or jail sentence or other appropriate sanctions as provided under contempt of court
in Section 78-32-10 .
(5) Upon a second petition, the court shall order:
(a) if the second petition is uncontested, by default:
(i) actual costs including actual attorney fees and court costs;
(ii) make up [
(iii) a minimum of ten hours of compensatory service as provided in Subsection
78-32-12.1 (1)(a); and
(iv) impose a fine or jail sentence or other appropriate sanctions as provided under contempt
of court in Section 78-32-10 ; or
(b) if the second petition is contested, the court shall hold a hearing to determine by a
preponderance of the evidence whether there has been a substantial noncompliance with the
[
(6) Upon a finding of a substantial noncompliance, the court shall order:
(a) actual costs including actual attorney fees and court costs to the prevailing party;
(b) make up [
the amount of time previously wrongfully denied and under the same conditions as provided in
Subsections 78-32-12.2 (3)(a) through (c);
(c) a minimum of 20 hours of compensatory service as provided in Subsection
78-32-12.1 (1)(a);
(d) a contempt order which imposes a fine or jail sentence as provided in Section 78-32-10 ;
and
(e) the violator to post bond or security in the amount determined by the court to insure
future compliance.
(7) The court may impose additional sanctions which may include any additional remedies,
terms, or conditions which are consistent with the court's previous order.
(8) Upon a third petition, the court shall order:
(a) if the third petition is uncontested, by default:
(i) actual costs including actual attorney fees and court costs;
(ii) make up [
the amount of time previously denied and under the same conditions as provided in Subsections
78-32-12.2 (3)(a) through (c);
(iii) a minimum of ten hours of compensatory service as provided in Subsection
78-32-12.1 (1)(a); and
(iv) impose a fine or jail sentence or other appropriate sanctions as provided under contempt
of court in Section 78-32-10 ; or
(b) if the third petition is contested, the court shall hold a hearing to determine by a
preponderance of the evidence whether there has been a substantial noncompliance with the
[
(9) Upon a finding of substantial noncompliance, the court shall order:
(a) actual costs including actual attorney fees and court costs to the prevailing party;
(b) a finding that there has been a prima facie showing of a substantial change of
circumstances which is against the best interest of the child for purposes of modification of custody
and order a temporary change of custody for a duration to be determined by the court; and
(c) a finding that there has been a probable cause showing of custodial interference as
provided in Section 76-5-303 and order the case to be referred to the county attorney for prosecution.
(10) The court may decline to issue an order with the alternative sanctions as provided in
Subsections 78-32-12.2 (2) through (9) although the petitioner has met his burden of proof if the
court provides findings on the record explaining why a sanction or sanctions were not imposed.
(11) The noncustodial parent shall give the court and the custodial parent written notice of
his intention to exercise the make up [
visit if it is to be on a weekday or weekend, and at least 30 days before the proposed visit if it is to
be on a holiday or an extended [
(12) The court shall suspend any proceedings under Section 78-32-12.2 if substantial
allegations of child abuse or child sexual abuse are under investigation or a case is pending in the
courts on the allegations.
(13) The filing of any petition under this section which is found to be without merit and not
asserted or defended against in good faith shall be subject to sanctions as determined by the court.
(14) This section shall be implemented only as a pilot program in the first judicial district
as provided in Section 78-32-12.3 .
Section 31. Section 78-32-17 is amended to read:
78-32-17. Noncompliance with child support order.
(1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to
an action under Title 63, Chapter 46b, Administrative Procedures Act, makes an order requiring a
parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care
for his child, and the parent fails to do so, proof of noncompliance shall be prima facie evidence of
contempt of court.
(2) Proof of noncompliance may be demonstrated by showing that:
(a) the order was made, and filed with the district court; and
(b) the parent knew of the order because:
(i) the order was mailed to the parent at his last-known address as shown on the court
records;
(ii) the parent was present in court at the time the order was pronounced;
(iii) the parent entered into a written stipulation and the parent or counsel for the parent was
sent a copy of the order;
(iv) counsel was present in court and entered into a stipulation which was accepted and the
order based upon the stipulation was then sent to counsel for the parent; or
(v) the parent was properly served and failed to answer.
(3) Upon establishment of a prima facie case of contempt under Subsection (2), the obligor
under the child support order has the burden of proving inability to comply with the child support
order.
(4) A court may, in addition to other available sanctions, withhold, suspend, or restrict the
use of driver's licenses, professional and occupational licenses, and recreational licenses and impose
conditions for reinstatement upon a finding that:
(a) an obligor has:
(i) made no payment for 60 days on a current obligation of support as set forth in an
administrative or court order and, thereafter, has failed to make a good faith effort under the
circumstances to make payment on the support obligation in accordance with the order; or
(ii) made no payment for 60 days on an arrearage obligation of support as set forth in a
payment schedule, written agreement with the Office of Recovery Services, or an administrative or
judicial order and, thereafter, has failed to make a good faith effort under the circumstances to make
payment on the arrearage obligation in accordance with the payment schedule, agreement, or order;
and
(iii) not obtained a judicial order staying enforcement of the support or arrearage obligation
for which the obligor would be otherwise delinquent;
(b) a custodial parent has:
(i) violated a [
noncustodial parent and a child and, thereafter, has failed to make a good faith effort under the
circumstances to comply with a [
(ii) not obtained a judicial order staying enforcement of the [
or
(c) an obligor or obligee, after receiving appropriate notice, has failed to comply with a
subpoena or order relating to a paternity or child support proceeding.
Section 32. Section 78-45-7.7 is amended to read:
78-45-7.7. Calculation of obligations.
(1) Each parent's child support obligation shall be established in proportion to their adjusted
gross incomes, unless the low income table is applicable. Except during periods of court-ordered
[
proportionate shares of the base combined child support obligation. If physical custody of the child
changes from that assumed in the original order, modification of the order is not necessary, even if
only one parent is specifically ordered to pay in the order.
(2) Except in cases of joint physical custody and split custody as defined in Section 78-45-2
and in cases where the obligor's adjusted gross income is $1,050 or less monthly, the base child
support award shall be determined as follows:
(a) combine the adjusted gross incomes of the parents and determine the base combined
child support obligation using the base combined child support obligation table; and
(b) calculate each parent's proportionate share of the base combined child support obligation
by multiplying the combined child support obligation by each parent's percentage of combined
adjusted gross income.
(3) In the case of an incapacitated adult child, any amount that the incapacitated adult child
can contribute to his or her support may be considered in the determination of child support and may
be used to justify a reduction in the amount of support ordered, except that in the case of orders
involving multiple children, the reduction shall not be greater than the effect of reducing the total
number of children by one in the child support table calculation.
(4) In cases where the monthly adjusted gross income of the obligor is between $650 and
$1,050, the base child support award shall be the lesser of the amount calculated in accordance with
Subsection (2) and the amount calculated using the low income table. If the income and number of
children is found in an area of the low income table in which no amount is shown, the base combined
child support obligation table is to be used.
(5) The base combined child support obligation table provides combined child support
obligations for up to six children. For more than six children, additional amounts may be added to
the base child support obligation shown. Unless rebutted by Subsection 78-45-7.2 (3), the amount
ordered shall not be less than the amount which would be ordered for up to six children.
(6) If the monthly adjusted gross income of the obligor is $649 or less, the tribunal shall
determine the amount of the child support obligation on a case-by-case basis, but the base child
support award shall not be less than $20.
(7) The amount shown on the table is the support amount for the total number of children,
not an amount per child.
Section 33. Section 78-45-7.11 is amended to read:
78-45-7.11. Reduction for extended parent-time.
(1) The child support order shall provide that the base child support award be reduced by
50% for each child for time periods during which the child is with the noncustodial parent by order
of the court or by written agreement of the parties for at least 25 of any 30 consecutive days. If the
dependent child is a client of cash assistance provided under Title 35A, Chapter 3, Part 3, Family
Employment Program, any agreement by the parties for reduction of child support during extended
[
[
interruption of the consecutive day requirement.
(2) For purposes of this section the per child amount to which the abatement applies shall
be calculated by dividing the base child support award by the number of children included in the
award.
(3) The reduction in this section does not apply to parents with joint physical custody
obligations calculated in accordance with Section 78-45-7.9 .
Section 34. Section 78-45-7.17 is amended to read:
78-45-7.17. Child care costs.
(1) The need to include child care costs in the child support order is presumed, if the
custodial parent or the noncustodial parent, during extended [
actually incurring the child care costs.
(2) The need to include child care costs is not presumed, but may be awarded on a
case-by-case basis, if the costs are related to the career or occupational training of the custodial
parent, or if otherwise ordered by the court in the interest of justice.
Section 35. Section 78-45a-10.5 is amended to read:
78-45a-10.5. Parent-time rights of father.
(1) If the court determines that the alleged father is the father, it may upon its own motion
or upon motion of the father, order [
30-3-32 through 30-3-37 as it considers appropriate under the circumstances.
(2) [
subsequently adopted.
Section 36. Section 78-45c-102 is amended to read:
78-45c-102. Definitions.
As used in this chapter:
(1) "Abandoned" means left without provision for reasonable and necessary care or
supervision.
(2) "Child" means an individual under 18 years of age and not married.
(3) "Child custody determination" means a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or [
The term includes a permanent, temporary, initial, and modification order. The term does not
include an order relating to child support or other monetary obligation of an individual.
(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody,
or [
divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental
rights, and protection from domestic violence, in which the issue may appear. The term does not
include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement
under Part 3, Enforcement.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person acting as
a parent for at least six consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six months of age, the term means the state in
which the child lived from birth with any of the persons mentioned. A period of temporary absence
of any of the mentioned persons is part of the period.
(8) "Initial determination" means the first child custody determination concerning a
particular child.
(9) "Issuing court" means the court that makes a child custody determination for which
enforcement is sought under this chapter.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces, supersedes,
or is otherwise made after a previous determination concerning the same child, whether or not it is
made by the court that made the previous determination.
(12) "Person" includes government, governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
(a) has physical custody of the child or has had physical custody for a period of six
consecutive months, including any temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(b) has been awarded legal custody by a court or claims a right to legal custody under the law
of this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
United States.
(16) "Tribe" means an Indian tribe, or band, or Alaskan Native village which is recognized
by federal law or formally acknowledged by a state.
(17) "Writ of assistance" means an order issued by a court authorizing law enforcement
officers to take physical custody of a child.
Section 37. Section 78-45c-209 is amended to read:
78-45c-209. Information to be submitted to court.
(1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit,
shall give information, if reasonably ascertainable, under oath as to the child's present address, the
places where the child has lived during the last five years, and the names and present addresses of
the persons with whom the child has lived during that period. The pleading or affidavit shall state
whether the party:
(a) has participated, as a party or witness or in any other capacity, in any other proceeding
concerning the custody of or [
case number of the proceeding, and the date of the child custody determination, if any;
(b) knows of any proceeding that could affect the current proceeding, including proceedings
for enforcement and proceedings relating to domestic violence, protective orders, termination of
parental rights, and adoptions and, if so, identify the court and the case number and the nature of the
proceeding; and
(c) knows the names and addresses of any person not a party to the proceeding who has
physical custody of the child or claims rights of legal custody or physical custody of, or [
parent-time with, the child and, if so, the names and addresses of those persons.
(2) If the information required by Subsection (1) is not furnished, the court, upon its own
motion or that of a party, may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in Subsection (1) is in the affirmative,
the declarant shall give additional information under oath as required by the court. The court may
examine the parties under oath as to details of the information furnished and other matters pertinent
to the court's jurisdiction and the disposition of the case.
(4) Each party has a continuing duty to inform the court of any proceeding in this or any
other state that could affect the current proceeding.
(5) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty
of a party or child would be put at risk by the disclosure of identifying information, that information
shall be sealed and not disclosed to the other party or the public unless the court orders the disclosure
to be made after a hearing in which the court takes into consideration the health, safety, or liberty
of the party or child and determines that the disclosure is in the interest of justice.
Section 38. Section 78-45c-304 is amended to read:
78-45c-304. Temporary parent-time.
(1) A court of this state which does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:
(a) a [
(b) the [
that does not provide for a specific [
(2) If a court of this state makes an order under Subsection (1)(b), it shall specify in the order
a period that it considers adequate to allow the petitioner to obtain an order from a court having
jurisdiction under the criteria specified in Part 2, Jurisdiction. The order remains in effect until an
order is obtained from the other court or the period expires.
Section 39. Section 78-45c-305 is amended to read:
78-45c-305. Registration of child custody determination.
(1) A child custody determination issued by a court of another state may be registered in this
state, with or without a simultaneous request for enforcement, by sending to the district court in this
state:
(a) a letter or other document requesting registration;
(b) two copies, including one certified copy, of the determination sought to be registered,
and a statement under penalty of perjury that to the best of the knowledge and belief of the person
seeking registration the order has not been modified; and
(c) except as otherwise provided in Section 78-45c-209 , the name and address of the person
seeking registration and any parent or person acting as a parent who has been awarded custody or
[
(2) On receipt of the documents required by Subsection (1), the registering court shall:
(a) cause the determination to be filed as a foreign judgment, together with one copy of any
accompanying documents and information, regardless of their form; and
(b) serve notice upon the persons named pursuant to Subsection (1)(c) and provide them with
an opportunity to contest the registration in accordance with this section.
(3) The notice required by Subsection (2)(b) shall state:
(a) that a registered determination is enforceable as of the date of the registration in the same
manner as a determination issued by a court of this state;
(b) that a hearing to contest the validity of the registered determination shall be requested
within 20 days after service of notice; and
(c) that failure to contest the registration will result in confirmation of the child custody
determination and preclude further contest of that determination with respect to any matter that could
have been asserted.
(4) A person seeking to contest the validity of a registered order shall request a hearing
within 20 days after service of the notice. At that hearing, the court shall confirm the registered
order unless the person contesting registration establishes that:
(a) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
(b) the child custody determination sought to be registered has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction; or
(c) the person contesting registration was entitled to notice, but notice was not given in
accordance with the standards of Section 78-45c-108 in the proceedings before the court that issued
the order for which registration is sought.
(5) If a timely request for a hearing to contest the validity of the registration is not made, the
registration is confirmed as a matter of law and the person requesting registration and all persons
served shall be notified of the confirmation.
(6) Confirmation of a registered order, whether by operation of law or after notice and
hearing, precludes further contest of the order with respect to any matter which could have been
asserted at the time of registration.
Section 40. Section 78-45f-305 is amended to read:
78-45f-305. Duties and powers of responding tribunal.
(1) When a responding tribunal of this state receives a petition or comparable pleading from
an initiating tribunal or directly pursuant to Subsection 78-45f-301 (2)(c), it shall cause the petition
or pleading to be filed and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one
or more of the following:
(a) issue or enforce a support order, modify a child support order, or render a judgment to
determine parentage;
(b) order an obligor to comply with a support order, specifying the amount and the manner
of compliance;
(c) order income withholding;
(d) determine the amount of any arrearages and specify a method of payment;
(e) enforce orders by civil or criminal contempt, or both;
(f) set aside property for satisfaction of the support order;
(g) place liens and order execution on the obligor's property;
(h) order an obligor to keep the tribunal informed of the obligor's current residential address,
telephone number, employer, address of employment, and telephone number at the place of
employment;
(i) issue a bench warrant for an obligor who has failed after proper notice to appear at a
hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems
for criminal warrants;
(j) order the obligor to seek appropriate employment by specified methods;
(k) award reasonable attorneys' fees and other fees and costs; and
(l) grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order issued under this
chapter, or in the documents accompanying the order, the calculations on which the support order
is based.
(4) A responding tribunal of this state may not condition the payment of a support order
issued under this chapter upon compliance by a party with provisions for [
(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall
send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
[Bill Documents][Bills Directory]