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H.B. 133 Enrolled
This act modifies Abuse, Neglect, and Dependency Proceedings and Child Welfare
Services. The act requires the juvenile court, under specified conditions, to expedite cases
where a petition of abuse, neglect, or dependency has been filed but the child has not
been taken into protective custody. The act extends to these cases the same deadlines for
pretrial and shelter hearings that apply to cases where a child has been taken into
protective custody. The act requires the juvenile court to rule on a request for a
protective order on behalf of a child who is alleged to be abused or neglected within 72
hours. The act requires the attorney general to file abuse or neglect petitions requested
by the Division of Child and Family Services within 72 hours. The act requires the
Division of Child and Family Services to convene a child protection team meeting within
24 hours of filing an abuse or neglect petition on behalf of a child not removed from a
home. This act provides a coordination clause.
This act affects sections of Utah Code Annotated 1953 as follows:
78-3a-305, as last amended by Chapter 274, Laws of Utah 1998
78-3a-308, as last amended by Chapter 329, Laws of Utah 1997
62A-4a-202.8, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-202.8 is enacted to read:
62A-4a-202.8. Meeting within 24 hours.
(1) If the division files a petition under Subsection 78-3a-305 (1) or (2) but does not
take the child into protective custody, the division shall convene a child protection team
meeting within 24 hours of the filing, excluding weekends and holidays, to review the
circumstances regarding the filing of the petition and to develop a safety plan to protect the
child from further abuse or neglect.
(2) The team shall include as many persons under Subsection 62A-4a-202.3 (6)(b) as
(3) At its meeting the team shall review the complete child protective services and foster
care history of the child and the child's parents and siblings.
Section 2. Section 78-3a-305 is amended to read:
78-3a-305. Petition filed -- Protective orders.
(1) Any interested person may file a petition to commence proceedings in the juvenile
court alleging that a minor is abused, neglected, or dependent.
(2) (a) Any interested person may file a petition seeking a protective order on behalf of a
minor who is alleged to be an abused child or a neglected child, except as provided in Sections
78-3a-104 and 78-3a-105 .
(b) The court shall rule on a petition filed under Subsection (2)(a) within 72 hours of the
filing of the petition, excluding weekends and holidays.
(3) (a) If the child who is the subject of a petition was removed from his home by the
Division of Child and Family Services that petition shall be filed on or before the date of the
initial shelter hearing described in Section 78-3a-306 .
(b) If a petition is requested by the division, the attorney general shall file the petition
within 72 hours of the completion of the investigation and request, excluding weekends and
(i) the child who is the subject of the requested petition has not been removed from his
home by the division; and
(ii) without an expedited hearing and services ordered under the protective supervision of
the court, the child will likely be taken into protective custody.
(4) The petition shall be verified, and contain all of the following:
(a) the name, age, and address, if any, of the minor upon whose behalf the petition is
(b) the names and addresses, if known to the petitioner, of both parents and any guardian
of the minor;
(c) a concise statement of facts, separately stated, to support the conclusion that the
minor upon whose behalf the petition is being brought is abused, neglected, or dependent; and
(d) a statement regarding whether the minor is in protective custody, and if so, the date
and precise time the minor was taken into protective custody.
Section 3. Section 78-3a-308 is amended to read:
78-3a-308. Pretrial and adjudication hearing -- Time deadlines.
(1) Upon the filing of a petition, the clerk of the court shall set the pretrial hearing on the
petition within 15 calendar days from the date of the shelter hearing or the filing of the petition,
whichever is later.
(2) The pretrial may be continued upon motion of any party, for good cause shown, but
the final adjudication hearing shall be held no later than 60 calendar days from the date of the
shelter hearing or the filing of the petition, whichever is later.
(3) In the case where a petition has been filed but the child is not in protective custody or
temporary custody, the court shall give scheduling priority to the pretrial and adjudication
hearings on the petition if the division indicates in the petition that without expedited hearings
and services ordered under the protective supervision of the court the child will likely be taken
into protective custody.
Section 4. Coordination clause.
If this bill and S.B. 128, Protective Order Amendments, both pass, it is the intent of the
Legislature that the bracketed Subsection 78-3a-305 (2) in S.B. 128 supersede the amendments to
Subsection 78-3a-305 (2) in this bill.
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