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H.B. 268 Enrolled

                 

CHILD WELFARE PROCESSES

                 
2004 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Mike Thompson

                 
                  LONG TITLE
                  General Description:
                      This bill amends Child and Family Services and the Judicial Code and creates the
                  Office of Child Welfare Parental Defense.
                  Highlighted Provisions:
                      This bill:
                      .    amends the definition of "protective services";
                      .    requires the Division of Child and Family Services to accommodate the moral and
                  religious beliefs, and culture, of those it serves;
                      .    requires the Division of Child and Family Services to design treatment plans in a
                  manner that minimizes disruption to the normal activities of the child's family;
                      .    makes corrections to the terms "unsubstantiated" and "substantiated";
                      .    expands interdisciplinary child protection team membership;
                      .    requires notice to parents of their rights before conducting a child abuse or neglect
                  investigation;
                      .    expands who can serve as support persons;
                      .    limits the types of identifying information that may be stricken from a record
                  released by the Division of Child and Family Services;
                      .    creates within the Department of Administrative Services the Office of Child
                  Welfare Parental Defense;
                      .    defines terms;
                      .    appoints a director to the office;
                      .    sets forth the duties, functions, and responsibilities of the office;
                      .    outlines the qualifications, responsibilities, and standards for a contracted parental


                  defense attorney;
                      .    classifies records of a contracted parental defense attorney as protected and indicates
                  that the records may not be released or made public upon subpoena, search warrant,
                  discovery proceedings, or otherwise;
                      .    provides for child welfare parental defense contracts;
                      .    creates the Child Welfare Parental Defense Fund and specifies state and county
                  obligations;
                      .    imposes district court limits on any juvenile court using a parent's disability as a basis
                  for changing a custody award made in district court;
                      .    modifies access to juvenile court proceedings;
                      .    prohibits a juvenile court from using disability of a parent as a basis for removing a
                  child from the custody of the parent;
                      .    requires recording of unauthorized ex parte communications concerning an ongoing
                  case between a judge and other parties to an abuse, neglect, or dependency
                  proceeding;
                      .    amends preferential placement provisions for children removed from their homes due
                  to abuse, neglect, or dependency;
                      .    addresses a court determining and defining responsibilities under a treatment plan;
                      .    requires the Office of the Guardian Ad Litem to make an annual report to the Child
                  Welfare Legislative Oversight Panel;
                      .    addresses appointment of counsel; and
                      .    makes conforming changes and technical corrections.
                  Monies Appropriated in this Bill:
                      This bill appropriates:
                      .    ($239,000), as an ongoing appropriation, for fiscal year 2004-05 from the General
                  Fund in the Department of Human Services Executive Director Operations -- Services
                  Review; and
                      .    $239,000, as an ongoing appropriation for fiscal year 2004-05 from the General Fund

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                  to the Child Welfare Parental Defense Fund.
                  Other Special Clauses:
                      This bill takes effect on July 1, 2004.
                  Utah Code Sections Affected:
                  AMENDS:
                      30-3-10, as last amended by Chapter 269, Laws of Utah 2003
                      62A-4a-101, as last amended by Chapters 281 and 283, Laws of Utah 2002
                      62A-4a-205, as last amended by Chapter 306, Laws of Utah 2002
                      62A-4a-409, as last amended by Chapter 265, Laws of Utah 2002
                      62A-4a-412, as last amended by Chapter 68, Laws of Utah 2003
                      63A-1-109, as last amended by Chapter 5, Laws of Utah 2003
                      78-3a-105, as last amended by Chapter 68, Laws of Utah 2003
                      78-3a-115, as last amended by Chapter 332, Laws of Utah 2003
                      78-3a-301 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
                      78-3a-304.5, as enacted by Chapter 302, Laws of Utah 1995
                      78-3a-307, as last amended by Chapters 153 and 255, Laws of Utah 2001
                      78-3a-311, as last amended by Chapter 246, Laws of Utah 2002
                      78-3a-912, as last amended by Chapter 168, Laws of Utah 2002
                      78-3a-913, as last amended by Chapter 256, Laws of Utah 1999
                  ENACTS:
                      62A-4a-120, Utah Code Annotated 1953
                      63A-11-101, Utah Code Annotated 1953
                      63A-11-102, Utah Code Annotated 1953
                      63A-11-103, Utah Code Annotated 1953
                      63A-11-104, Utah Code Annotated 1953
                      63A-11-105, Utah Code Annotated 1953
                      63A-11-106, Utah Code Annotated 1953
                      63A-11-107, Utah Code Annotated 1953

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                      63A-11-108, Utah Code Annotated 1953
                      63A-11-201, Utah Code Annotated 1953
                      63A-11-202, Utah Code Annotated 1953
                      63A-11-203, Utah Code Annotated 1953
                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. 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.
                      (a) In determining any form of custody, the court shall consider the best interests of the
                  child and, among other factors the court finds relevant, the following:
                      (i) the past conduct and demonstrated moral standards of each of the parties;
                      (ii) which parent is most likely to act in the best interest of the child, including allowing
                  the child frequent and continuing contact with the noncustodial parent; and
                      (iii) those factors outlined in Section 30-3-10.2 .
                      (b) The court shall, in every case, consider joint custody but may award any form of
                  custody which is determined to be in the best interest of the child.
                      (c) The children may not be required by either party to testify unless the trier of fact
                  determines that extenuating circumstances exist that would necessitate the testimony of the
                  children be heard and there is no other reasonable method to present their testimony.
                      (d) The court may inquire of the children and take into consideration the children's
                  desires regarding future custody or parent-time schedules, but the expressed desires are not
                  controlling and the court may determine the children's custody or parent-time otherwise. The
                  desires of a child 16 years of age or older shall be given added weight, but is not the single
                  controlling factor.

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                      (e) If interviews with the children are conducted by the court pursuant to Subsection
                  (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be
                  obtained but is not necessary if the court finds that an interview with the children is the only
                  method to ascertain the child's desires regarding custody.
                      (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] Except as provided in Subsection (4)(b), 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]
                  from the disability 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 Court Act of 1996; or (ii)] adoption proceedings under Title 78, Chapter 30,
                  Adoption.
                      (5) This section establishes neither a preference nor a presumption for or against joint

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                  legal custody, joint physical custody, or sole custody, but allows the court and the family the
                  widest discretion to choose a parenting plan that is in the best interest of the child.
                      Section 2. Section 62A-4a-101 is amended to read:
                       62A-4a-101. Definitions.
                      As used in this chapter:
                      (1) "Abuse" means:
                      (a) actual or threatened nonaccidental physical or mental harm;
                      (b) negligent treatment;
                      (c) sexual exploitation; or
                      (d) any sexual abuse.
                      (2) "Adoption services" means placing children for adoption, subsidizing adoptions
                  under Section 62A-4a-105 , supervising adoption placements until the adoption is finalized by the
                  court, conducting adoption studies, preparing adoption reports upon request of the court, and
                  providing postadoptive placement services, upon request of a family, for the purpose of
                  stabilizing a possible disruptive placement.
                      (3) "Board" means the Board of Child and Family Services established in accordance
                  with Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
                      (4) "Child" has the same meaning as "minor," as defined in this section.
                      (5) "Consumer" means a person who receives services offered by the division in
                  accordance with this chapter.
                      (6) "Chronic physical abuse" means repeated or patterned physical abuse.
                      (7) "Chronic neglect" means a repeated or patterned failure or refusal by a parent,
                  guardian, or custodian to provide necessary care for a minor's safety, morals, or well-being.
                      (8) "Chronic emotional abuse" means repeated or patterned emotional abuse.
                      (9) "Custody," with regard to the division, means the custody of a child in the division as
                  of the date of disposition.
                      (10) "Day-care services" means care of a child for a portion of the day which is less than
                  24 hours, in his own home by a responsible person, or outside of his home in a day-care center,

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                  family group home, or family child care home.
                      (11) "Dependent child" or "dependency" means a child, or the condition of a child, who
                  is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
                      (12) "Director" means the director of the Division of Child and Family Services.
                      (13) "Division" means the Division of Child and Family Services.
                      (14) (a) "Domestic violence services" means temporary shelter, treatment, and related
                  services to persons who are victims of abuse and their dependent children and treatment services
                  for domestic violence perpetrators.
                      (b) As used in this Subsection (14) "abuse" means the same as that term is defined in
                  Section 30-6-1 , and "domestic violence perpetrator" means a person who is alleged to have
                  committed, has been convicted of, or has pled guilty to an act of domestic violence as defined in
                  Subsection 77-36-1 (2).
                      (15) "Homemaking service" means the care of individuals in their domiciles, and help
                  given to individual caretaker relatives to achieve improved household and family management
                  through the services of a trained homemaker.
                      (16) "Minor" means a person under 18 years of age. "Minor" may also include a person
                  under 21 years of age for whom the division has been specifically ordered by the juvenile court to
                  provide services.
                      (17) "Natural parent" means a minor's biological or adoptive parent, and includes a
                  minor's noncustodial parent.
                      (18) (a) "Neglect" means:
                      (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
                  Relinquishment of a Newborn Child;
                      (ii) subjecting a child to mistreatment or abuse;
                      (iii) lack of proper parental care by reason of the fault or habits of the parent, guardian, or
                  custodian;
                      (iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
                  subsistence, education, or medical care, including surgery or psychiatric services when required,

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                  or any other care necessary for his health, safety, morals, or well-being; or
                      (v) a child at risk of being neglected or abused because another child in the same home is
                  neglected or abused.
                      (b) The aspect of neglect relating to education, described in Subsection (18)(a)(iv),
                  means that, after receiving notice that a child has been frequently absent from school without
                  good cause, or that the child has failed to cooperate with school authorities in a reasonable
                  manner, a parent or guardian fails to make a good faith effort to ensure that the child receives an
                  appropriate education.
                      (c) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
                  does not provide specified medical treatment for a child, is not guilty of neglect.
                      (19) "Protective custody," with regard to the division, means the shelter of a child by the
                  division from the time the child is removed from the child's home until the shelter hearing, or the
                  child's return home, whichever occurs earlier.
                      (20) "Protective services" means expedited services that are provided:
                      (a) in response to evidence of neglect, abuse, or dependency of a minor;
                      [(b) in an effort to substantiate evidence of neglect, abuse, or dependency;]
                      [(c)] (b) to a cohabitant who is neglecting or abusing a child, in order to help the
                  cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or
                  abuse, and to strengthen the cohabitant's ability to provide safe and acceptable care; and
                      [(d)] (c) in cases where the child's welfare is endangered:
                      (i) to bring the situation to the attention of the appropriate juvenile court and law
                  enforcement agency;
                      (ii) to cause a protective order to be issued for the protection of the minor, when
                  appropriate; and
                      (iii) to protect the child from the circumstances that endanger the child's welfare
                  including, when appropriate, removal from the child's home, placement in substitute care, and
                  petitioning the court for termination of parental rights.
                      (21) "Services to unwed parents" means social, educational, and medical services

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                  arranged for or provided to unwed parents to help them plan for themselves and the unborn child.
                      (22) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
                  minor.
                      (23) "Shelter care" means the temporary care of minors in nonsecure facilities.
                      (24) "State" means a state of the United States, the District of Columbia, the
                  Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern
                  Mariana Islands, or a territory or possession administered by the United States.
                      (25) "Severe emotional abuse" means emotional abuse that causes or threatens to cause
                  serious harm to a minor.
                      (26) "Severe physical abuse" means physical abuse that causes or threatens to cause
                  serious harm to a minor.
                      (27) "State plan" means the written description of the programs for children, youth, and
                  family services administered by the division in accordance with federal law.
                      (28) "Status offense" means a violation of the law that would not be a violation but for
                  the age of the offender.
                      (29) "Substantiated" or "substantiation" means a judicial finding based on a
                  preponderance of the evidence that abuse or neglect occurred. Each allegation made or identified
                  in a given case shall be considered separately in determining whether there should be a finding of
                  substantiated.
                      (30) "Substitute care" means:
                      (a) the placement of a minor in a family home, group care facility, or other placement
                  outside the minor's own home, either at the request of a parent or other responsible relative, or
                  upon court order, when it is determined that continuation of care in the child's own home would
                  be contrary to the child's welfare;
                      (b) services provided for a child awaiting placement; and
                      (c) the licensing and supervision of a substitute care facility.
                      (31) "Supported" means a finding by the division based on the evidence available at the
                  completion of an investigation that there is a reasonable basis to conclude that abuse, neglect, or

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                  dependency occurred. Each allegation made or identified during the course of the investigation
                  shall be considered separately in determining whether there should be a finding of supported.
                      (32) "Temporary custody," with regard to the division, means the custody of a child in
                  the division from the date of the shelter hearing until disposition.
                      (33) "Transportation services" means travel assistance given to an individual with escort
                  service, if necessary, to and from community facilities and resources as part of a service plan.
                      (34) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
                  conclude that abuse or neglect occurred.
                      (35) "Unsupported" means a finding at the completion of an investigation that there is
                  insufficient evidence to conclude that abuse, neglect, or dependency occurred. However, a
                  finding of unsupported means also that the division worker did not conclude that the allegation
                  was without merit.
                      (36) "Without merit" means a finding at the completion of an investigation by the
                  division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or
                  that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
                      Section 3. Section 62A-4a-120 is enacted to read:
                      62A-4a-120. Accommodation of moral and religious beliefs and culture.
                      (1) The division shall adopt rules in accordance with Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act, and establish procedures to accommodate the moral and
                  religious beliefs, and culture, of the children and families it serves, including:
                      (a) the immediate family and other relatives of a child in any type of custody or
                  otherwise under the jurisdiction of the court;
                      (b) foster and other out-of-home placement families; and
                      (c) adoptive families.
                      (2) The accommodation under Subsection (1) applies to placements, treatment plans,
                  services, and other activities of the division.
                      Section 4. Section 62A-4a-205 is amended to read:
                       62A-4a-205. Treatment plans.

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                      (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 the child's family, specifically what the parents

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                  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 parent-time schedule between the natural parent and the child;
                      (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] and, if
                  residential treatment[,] rather than a foster home[,] is the proposed placement, a requirement for
                  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 the child's 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 the child's 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) Each treatment plan shall be designed to minimize disruption to the normal activities
                  of the child's family, including employment and school. In particular, the time, place, and
                  amount of services, hearings, and other requirements ordered by the court shall be designed, as
                  much as practicable, to help the child's parents maintain or obtain employment.
                      [(d)] (e) 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. However, if the division
                  documents to the court that there is a compelling reason that adoption, reunification,

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                  guardianship, and kinship placement are not in the child's best interest, the court may order
                  another planned permanent living arrangement in accordance with federal law.
                      Section 5. Section 62A-4a-409 is amended to read:
                       62A-4a-409. Investigation by division -- Temporary protective custody --
                  Preremoval interviews of children.
                      (1) The division shall make a thorough preremoval investigation upon receiving either an
                  oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug dependency,
                  when there is reasonable cause to suspect a situation of abuse, neglect, fetal alcohol syndrome, or
                  fetal drug dependency. The primary purpose of that investigation shall be protection of the child.
                      (2) The preremoval investigation shall include the same investigative requirements
                  described in Section 62A-4a-202.3 .
                      (3) The division shall make a written report of its investigation. The written report shall
                  include a determination regarding whether the alleged abuse or neglect was [substantiated,
                  unsubstantiated,] supported, unsupported, or without merit.
                      (4) (a) The division shall use an interdisciplinary approach whenever possible in dealing
                  with reports made under this part.
                      (b) For this purpose, the division shall convene appropriate interdisciplinary "child
                  protection teams" to assist it in its protective, diagnostic, assessment, treatment, and coordination
                  services.
                      (c) A representative of the division shall serve as the team's coordinator and chair.
                  Members of the team shall serve at the coordinator's invitation[, and whenever]. Whenever
                  possible, the team shall include representatives of:
                      (i) health, mental health, education, and law enforcement agencies[,];
                      (ii) the child;
                      (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
                  and
                      (iv) other appropriate agencies or individuals.
                      (5) In any case where the division supervises, governs, or directs the affairs of any

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                  individual, institution, or facility that has been alleged to be involved in acts or omissions of
                  child abuse or neglect, the investigation of the reported child abuse or neglect shall be conducted
                  by an agency other than the division.
                      (6) If a report of neglect is based upon or includes an allegation of educational neglect,
                  the division shall immediately consult with school authorities to verify the child's status in
                  accordance with Sections 53A-11-101 through 53A-11-103 .
                      (7) When the division has completed its initial investigation under this part, it shall give
                  notice of that completion to the person who made the initial report.
                      (8) Division workers or other child protection team members have authority to enter
                  upon public or private premises, using appropriate legal processes, to investigate reports of
                  alleged child abuse or neglect, upon notice to parents of their rights under the Child Abuse
                  Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
                      (9) With regard to any interview of a child prior to removal of that child from the child's
                  home:
                      (a) except as provided in Subsection (9)(b) or (c), the division shall notify a parent of the
                  child prior to the interview;
                      (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
                  alleged perpetrator, the division need not notify a parent of the child prior to an initial interview
                  with the child;
                      (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
                  is unknown, the division may conduct a minimal interview, not to exceed 15 minutes, with the
                  child prior to notification of the child's parent;
                      (d) in all cases described in Subsection (9)(b) or (c), a parent of the child shall be notified
                  as soon as practicable after the child has been interviewed, but in no case later than 24 hours after
                  the interview has taken place;
                      (e) a child's parents shall be notified of the time and place of all subsequent interviews
                  with the child; and
                      (f) (i) the child shall be allowed to have a support person of the child's choice present[.

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                  That support person: (i)]; and
                      (ii) the person described in Subsection (9)(f)(i):
                      (A) may include[, but is not limited to,]:
                      (I) a school teacher [or];
                      (II) an administrator[,];
                      (III) a guidance counselor[, or];
                      (IV) a child care provider[; and]; or
                      (V) clergy; and
                      [(ii)] (B) may not be a person who is alleged to be, or potentially may be, the perpetrator.
                      (10) In accordance with the procedures and requirements of Sections 62A-4a-202.1
                  through 62A-4a-202.3 , a division worker or child protection team member may take a child into
                  protective custody and deliver the child to a law enforcement officer, or place the child in an
                  emergency shelter facility approved by the juvenile court, at the earliest opportunity subsequent
                  to the child's removal from the child's original environment. Control and jurisdiction over the
                  child is determined by the provisions of Title 78, Chapter 3a, Juvenile Court Act of 1996, and as
                  otherwise provided by law.
                      (11) With regard to cases in which law enforcement has or is conducting an investigation
                  of alleged abuse or neglect of a child:
                      (a) the division shall coordinate with law enforcement to ensure that there is an adequate
                  safety plan to protect the child from further abuse or neglect; and
                      (b) the division is not required to duplicate an aspect of the investigation that, in the
                  division's determination, has been satisfactorily completed by law enforcement.
                      Section 6. Section 62A-4a-412 is amended to read:
                       62A-4a-412. Reports and information confidential.
                      (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
                  well as any other information in the possession of the division obtained as the result of a report
                  are private, protected, or controlled records under Title 63, Chapter 2, Government Records
                  Access and Management Act, and may only be made available to:

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                      (a) a police or law enforcement agency investigating a report of known or suspected child
                  abuse or neglect;
                      (b) a physician who reasonably believes that a child may be the subject of abuse or
                  neglect;
                      (c) an agency that has responsibility or authority to care for, treat, or supervise a child
                  who is the subject of a report;
                      (d) a contract provider that has a written contract with the division to render services to a
                  child who is the subject of a report;
                      (e) any subject of the report, the natural parents of the minor, and the guardian ad litem;
                      (f) a court, upon a finding that access to the records may be necessary for the
                  determination of an issue before [it] the court, provided that in a divorce, custody, or related
                  proceeding between private parties, the record alone is:
                      (i) limited to objective or undisputed facts that were verified at the time of the
                  investigation; and
                      (ii) devoid of conclusions drawn by the division or any of [its] the division's workers on
                  the ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
                  neglect of another person;
                      (g) an office of the public prosecutor or its deputies in performing an official duty;
                      (h) a person authorized by a Children's Justice Center, for the purposes described in
                  Section 67-5b-102 ;
                      (i) a person engaged in bona fide research, when approved by the director of the division,
                  if the information does not include names and addresses;
                      (j) the State Office of Education, acting on behalf of itself or on behalf of a school
                  district, for the purpose of evaluating whether an individual should be permitted to obtain or
                  retain a license as an educator or serve as an employee or volunteer in a school, limited to
                  information with substantiated findings involving an alleged sexual offense, an alleged felony or
                  class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
                  Chapter 5, Offenses Against the Person, and with the understanding that the office must provide

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                  the subject of a report received under Subsection (1)(k) with an opportunity to respond to the
                  report before making a decision concerning licensure or employment;
                      (k) any person identified in the report as a perpetrator or possible perpetrator of child
                  abuse or neglect, after being advised of the screening prohibition in Subsection (2); and
                      (l) a person filing a petition for a child protective order on behalf of a minor who is the
                  subject of the report.
                      (2) (a) [No] A person, unless listed in Subsection (1), may not request another person to
                  obtain or release a report or any other information in the possession of the division obtained as a
                  result of the report that is available under Subsection (1)(k) to screen for potential perpetrators of
                  child abuse or neglect.
                      (b) A person who requests information knowing that it is a violation of Subsection (2)(a)
                  to do so is subject to the criminal penalty in Subsection (4).
                      (3) (a) Except as provided in Section 62A-4a-116.3 and Subsection (3)(b), the division
                  and law enforcement officials shall ensure the anonymity of the person or persons making the
                  initial report and any others involved in its subsequent investigation.
                      (b) Notwithstanding any other provision of law, excluding Section 78-3a-314 , but
                  including this chapter and Title 63, Chapter 2, Government Records Access and Management
                  Act, when the division makes a report or other information in its possession available under
                  Subsection (1)(e) to a subject of the report or a parent of a minor, the division shall remove from
                  the report or other information only the names, addresses, and telephone numbers of individuals
                  or specific information that could:
                      (i) identify the referent;
                      (ii) impede a criminal investigation; or
                      (iii) endanger a person's safety.
                      (4) Any person who wilfully permits, or aides and abets the release of data or
                  information obtained as a result of this part, in the possession of the division or contained on any
                  part of the Management Information System, in violation of this part or Sections 62A-4a-116
                  through 62A-4a-116.3 , is guilty of a class C misdemeanor.

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                      (5) The physician-patient privilege is not a ground for excluding evidence regarding a
                  child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
                  good faith pursuant to this part.
                      Section 7. Section 63A-1-109 is amended to read:
                       63A-1-109. Divisions of department -- Administration.
                      (1) The department shall be composed of the following divisions:
                      (a) administrative rules;
                      (b) archives and records;
                      (c) facilities construction and management;
                      (d) finance;
                      (e) fleet operations;
                      (f) information technology services;
                      (g) office of state debt collection;
                      (h) state purchasing and general services; [and]
                      (i) risk management[.]; and
                      (j) office of child welfare parental defense.
                      (2) Each division shall be administered and managed by a division director.
                      Section 8. Section 63A-11-101 is enacted to read:
                 
CHAPTER 11. OFFICE OF CHILD WELFARE PARENTAL DEFENSE

                 
Part 1. General Provisions

                      63A-11-101. Title.
                      This chapter is known as the "Office of Child Welfare Parental Defense."
                      Section 9. Section 63A-11-102 is enacted to read:
                      63A-11-102. Definitions.
                      For purposes of this chapter:
                      (1) "Child welfare case" means a proceeding under Title 78, Chapter 3a, Juvenile Courts,
                  Part 3 or 4.
                      (2) "Contracted parental defense attorney" means an attorney or law firm authorized to

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                  practice law in Utah who is under contract with the office to provide parental defense in child
                  welfare cases.
                      (3) "Director" means the director of the office.
                      (4) "Fund" means the Child Welfare Parental Defense Fund established in Section
                  63A-11-202 .
                      (5) "Office" means the Office of Child Welfare Parental Defense created in Section
                  63A-11-103 .
                      Section 10. Section 63A-11-103 is enacted to read:
                      63A-11-103. Creation of office.
                      There is created within the Department of Administrative Services, the Office of Child
                  Welfare Parental Defense.
                      Section 11. Section 63A-11-104 is enacted to read:
                      63A-11-104. Office director -- Appointment -- Duties -- Staff.
                      (1) (a) The executive director of the department shall appoint the director of the office
                  with the approval of the governor.
                      (b) The director shall be an attorney licensed to practice law in the state.
                      (2) The director shall administer and enforce this chapter.
                      (3) The director may employ staff.
                      Section 12. Section 63A-11-105 is enacted to read:
                      63A-11-105. Office -- Duties, functions, and responsibilities.
                      The duties, functions, and responsibilities of the office include the following:
                      (1) to develop and enter into contracts with attorneys authorized to practice law in the
                  state, as independent contractors, to serve as parental defense attorneys;
                      (2) to provide assistance and advice to contracted parental defense attorneys;
                      (3) to develop and provide educational and training programs for contracted parental
                  defense attorneys; and
                      (4) to provide information and advice to assist contracted parental defense attorneys to
                  comply with their professional, contractual, and ethical duties.

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                      Section 13. Section 63A-11-106 is enacted to read:
                      63A-11-106. Annual report -- Budget.
                      (1) On or before the 1st day of October each year, the director shall report to the
                  governor and the Child Welfare Legislative Oversight Panel of the Legislature regarding the
                  preceding fiscal year on the operations, activities, and goals of the office.
                      (2) The director shall prepare and submit to the executive director a budget of:
                      (a) the administrative expenses for the office; and
                      (b) the amount estimated to fund needed contracted parental defense attorneys and other
                  costs.
                      Section 14. Section 63A-11-107 is enacted to read:
                      63A-11-107. Contracted parental defense attorney.
                      (1) With respect to child welfare cases, a contracted parental defense attorney shall:
                      (a) adequately prepare for and attend all court hearings, including initial and continued
                  shelter hearings and mediations;
                      (b) fully advise the client of the nature of the proceedings and of the client's rights,
                  communicate to the client any offers of settlement or compromise, and advise the client
                  regarding the reasonably foreseeable consequences of any course of action in the proceedings;
                      (c) be reasonably available to consult with the client outside of court proceedings;
                      (d) where attendance of a parental defense attorney is reasonably needed, attend meetings
                  regarding the client's case with representatives of one or more of the Division of Child and
                  Family Services, the Office of the Attorney General, and the Office of the Guardian Ad Litem;
                      (e) represent the interest of the client at all stages of the proceedings before the trial
                  court;
                      (f) participate in the training courses and otherwise maintain the standards described in
                  Subsection (3).
                      (2) If the office enters into a contract with an attorney under Section 63A-11-105 , the
                  contract shall require that each attorney in the firm who will provide representation of parents in
                  child welfare cases under the contract perform the duties described in Subsection (1).

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                      (3) (a) Except as otherwise provided in Subsection (3)(b), a contracted parental defense
                  attorney shall meet the standards developed by the director which may include:
                      (i) completion of a basic training course provided by the office;
                      (ii) experience in child welfare cases; and
                      (iii) participation each calendar year in continuing legal education courses providing no
                  fewer than eight hours of instruction in child welfare law.
                      (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
                  director may, by rule, exempt from the requirements of Subsection (3)(a) an attorney who has
                  equivalent training or adequate experience.
                      (4) Payment for the representation, costs, and expenses of the contracted parental defense
                  attorney shall be made from the Child Welfare Parental Defense Fund as provided in Section
                  63A-11-202 .
                      Section 15. Section 63A-11-108 is enacted to read:
                      63A-11-108. Records access.
                      (1) (a) Notwithstanding Title 63, Chapter 2, Government Records Access and
                  Management Act, and except as provided in Subsection (1)(b), all records of a contracted
                  parental defense attorney are protected and may not be released or made public upon subpoena,
                  search warrant, discovery proceedings, or otherwise.
                      (b) All records of a contracted parental defense attorney are subject to legislative
                  subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers.
                      (2) Records released in accordance with Subsection (1)(b) shall be maintained as
                  confidential by the Legislature. The professional legislative staff may, however, include
                  summary data and nonidentifying information in its audits and reports to the Legislature.
                      Section 16. Section 63A-11-201 is enacted to read:
                 
Part 2. Parental Defense Contracts and Funding

                      63A-11-201. Child welfare parental defense contracts -- Qualifications.
                      (1) The office shall enter into contracts with qualified parental defense attorneys to
                  provide services for an indigent parent or parents who are the subject of a petition alleging abuse,

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                  neglect, or dependency, and will require a parental defense attorney pursuant to Section
                  78-3a-913 .
                      (2) Payment for the representation, costs, and expenses of legal defense counsel shall be
                  made from the Child Welfare Parental Defense Fund as provided in Section 63A-11-202 .
                      (3) The parental defense attorney shall maintain the minimum qualifications as provided
                  by this chapter.
                      Section 17. Section 63A-11-202 is enacted to read:
                      63A-11-202. Child Welfare Parental Defense Fund -- Creation.
                      (1) There is created a restricted special revenue fund known as the "Child Welfare
                  Parental Defense Fund".
                      (2) Subject to availability, the director may make distributions from the fund as required
                  in this chapter for the following purposes:
                      (a) to pay for the representation, costs, expert witness fees, and expenses of contracted
                  parental defense attorneys who are under contract with the office to provide parental defense in
                  child welfare cases for the indigent parent or parents that are the subject of a petition alleging
                  abuse, neglect, or dependency; and
                      (b) for administrative costs pursuant to this chapter.
                      (3) The fund consists of:
                      (a) appropriations made to the fund by the Legislature;
                      (b) interest and earnings from the investment of fund monies;
                      (c) proceeds deposited by participating counties pursuant to Section 63A-11-203 ; and
                      (d) private contributions to the Child Welfare Parental Defense Fund.
                      (4) The state treasurer shall invest the money in the fund by following the procedures and
                  requirements of Title 51, Chapter 7, State Money Management Act.
                      (5) (a) If the director anticipates a deficit in the fund during any fiscal year:
                      (i) the director shall request an appropriation from the Legislature; and
                      (ii) the Legislature may fund the anticipated deficit through appropriation but is not
                  required to fund the deficit.

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                      (b) If the anticipated deficit is not funded by the Legislature, the director may request an
                  interim assessment to participating counties to fund the anticipated deficit.
                      Section 18. Section 63A-11-203 is enacted to read:
                      63A-11-203. Agreements for coverage by the Child Welfare Parental Defense Fund
                  -- Eligibility -- County and state obligations -- Termination -- Revocation.
                      (1) A county legislative body may annually enter into a written agreement with the office
                  to provide for payment of parental defense attorney costs out of the Child Welfare Parental
                  Defense Fund.
                      (2) An agreement for payment of parental defense costs from the fund shall provide that
                  the county shall pay into the fund an amount defined by a formula established in rule by the
                  office.
                      (3) (a) Except as provided in Subsection (3)(b), after the first year of operation of the
                  fund, any county that elects to initiate participation in the fund, or reestablish participation in the
                  fund after participation was terminated, shall be required to make an equity payment, in addition
                  to the assessment provided in Subsection (2).
                      (b) The equity payment shall be determined by the office in accordance with office rules.
                      (4) The agreement shall provide for revocation of the agreement for failure to pay
                  assessments on the due date established by rule.
                      (5) Any county that elects to withdraw from participation in the fund, or whose
                  participation in the fund is revoked due to failure to pay its assessments when due, shall forfeit
                  any right to any previously paid assessments by the county or coverage from the fund.
                      Section 19. Section 78-3a-105 is amended to read:
                       78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
                      (1) The district court or other court has concurrent jurisdiction with the juvenile court as
                  follows:
                      (a) when a person who is 18 years of age or older and who is under the continuing
                  jurisdiction of the juvenile court under Section 78-3a-118 violates any federal, state, or local law
                  or municipal ordinance; and

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                      (b) 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.
                      (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) This section does not deprive the district court of jurisdiction to appoint a guardian
                  for a minor, or to determine the support, custody, and parent-time of a minor upon writ of habeas
                  corpus or when the question of support, custody, and parent-time is incidental to the
                  determination of a cause in the district court.
                      (4) (a) Where a support, custody, or parent-time award has been made by a district court
                  in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
                  continuing, the juvenile court may acquire jurisdiction in a case involving the same minor if the
                  minor is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile
                  court under Section 78-3a-104 .
                      (b) The juvenile court may, by order, change the custody, subject to Subsection
                  30-3-10 (4), 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.
                      (c) 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.
                      (5) The juvenile court has jurisdiction over questions of custody, support, and
                  parent-time, of a minor who comes within the court's jurisdiction under this section or Section
                  78-3a-104 .
                      Section 20. Section 78-3a-115 is amended to read:
                       78-3a-115. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's

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                  cases heard separately from adult cases -- Minor or parents or custodian heard separately
                  -- Continuance of hearing -- Consolidation of proceedings involving more than one minor.
                      (1) Hearings in minor's cases shall be held before the court without a jury and may be
                  conducted in an informal manner.
                      (a) In abuse, neglect, and dependency cases in all districts other than pilot districts
                  selected by the Judicial Council under Subsection 78-3-21 (15)(a), the court shall exclude [all
                  persons] the general public from hearings held prior to July 1, [2005 who do not have a direct
                  interest in the proceedings] 2004.
                      (b) In delinquency cases the court shall admit all persons who have a direct interest in the
                  case and may admit persons requested by the parent or legal guardian to be present. The court
                  shall exclude all other persons except as provided in Subsection (1)(c).
                      (c) In delinquency cases in which the minor charged is 14 years of age or older, the court
                  shall admit any person unless the hearing is closed by the court upon findings on the record for
                  good cause if:
                      (i) the minor has been charged with an offense which would be a felony if committed by
                  an adult; or
                      (ii) the minor is charged with an offense that would be a class A or B misdemeanor if
                  committed by an adult, and the minor has been previously charged with an offense which would
                  be a misdemeanor or felony if committed by an adult.
                      (d) The victim of any act charged in a petition or information involving an offense
                  committed by a minor which if committed by an adult would be a felony or a class A or class B
                  misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter 36,
                  Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, and Title 77, Chapter
                  38, Rights of Crime Victims Act. The notice provisions in Section 77-38-3 do not apply to
                  important juvenile justice hearings as defined in Section 77-38-2 .
                      (e) A victim, upon request to appropriate juvenile court personnel, shall have the right to
                  inspect and duplicate juvenile court legal records that have not been expunged concerning:
                      (i) the scheduling of any court hearings on the petition;

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                      (ii) any findings made by the court; and
                      (iii) any sentence or decree imposed by the court.
                      (2) Minor's cases shall be heard separately from adult cases. The minor or [his] the
                  minor's parents or custodian may be heard separately when considered necessary by the court.
                  The hearing may be continued from time to time to a date specified by court order.
                      (3) When more than one minor is involved in a home situation which may be found to
                  constitute neglect or dependency, or when more than one minor is alleged to be involved in the
                  same law violation, the proceedings may be consolidated, except that separate hearings may be
                  held with respect to disposition.
                      Section 21. Section 78-3a-301 (Effective 07/01/04) is amended to read:
                       78-3a-301 (Effective 07/01/04). Court-ordered protective custody of a minor
                  following petition filing -- Grounds.
                      (1) After a petition has been filed under Subsection 78-3a-305 (1), if the minor who is the
                  subject of the petition is not in the protective custody of the division, a court may order that the
                  minor be removed from the minor's home or otherwise taken into protective custody if the court
                  finds, by a preponderance of the evidence, that any one or more of the following circumstances
                  exist:
                      (a) there is an imminent danger to the physical health or safety of the minor and the
                  minor's physical health or safety may not be protected without removing the minor from the
                  custody of the minor's parent or guardian[. If a minor has previously been adjudicated as abused,
                  neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency has occurred
                  involving the same alleged abuser or under similar circumstance as the previous abuse, that fact
                  constitutes prima facie evidence that the minor cannot safely remain in the custody of the minor's
                  parent];
                      (b) a parent or guardian engages in or threatens the minor with unreasonable conduct that
                  causes the minor to suffer emotional damage and there are no reasonable means available by
                  which the minor's emotional health may be protected without removing the minor from the
                  custody of the minor's parent or guardian;

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                      (c) [(i)] the minor or another minor residing in the same household has been physically or
                  sexually abused, or is considered to be at substantial risk of being physically or sexually abused,
                  by a parent or guardian, a member of the parent's or guardian's household, or other person known
                  to the parent or guardian[.];
                      [(ii) For purposes of this Subsection (1)(c), another minor residing in the same household
                  may not be removed from the home unless that minor is considered to be at substantial risk of
                  being physically or sexually abused as described in Subsection (1)(c)(i) or (iii).]
                      [(iii) If a parent or guardian has received actual notice that physical or sexual abuse by a
                  person known to the parent has occurred, and there is evidence that the parent or guardian failed
                  to protect the minor by allowing the minor to be in the physical presence of the alleged abuser,
                  that fact constitutes prima facie evidence that the minor is at substantial risk of being physically
                  or sexually abused;]
                      (d) the parent or guardian is unwilling to have physical custody of the minor;
                      (e) the minor has been abandoned or left without any provision for the minor's support;
                      (f) a parent or guardian who has been incarcerated or institutionalized has not arranged or
                  cannot arrange for safe and appropriate care for the minor;
                      (g) a relative or other adult custodian with whom the minor has been left by the parent or
                  guardian is unwilling or unable to provide care or support for the minor, the whereabouts of the
                  parent or guardian are unknown, and reasonable efforts to locate the parent or guardian have been
                  unsuccessful;
                      (h) the minor is in immediate need of medical care;
                      (i) (i) a parent's or guardian's actions, omissions, or habitual action create an environment
                  that poses a threat to the minor's health or safety; or
                      (ii) a parent's or guardian's action in leaving a minor unattended would reasonably pose a
                  threat to the minor's health or safety;
                      (j) [(i)] the minor or another minor residing in the same household has been neglected;
                  [and]
                      [(ii) for purposes of Subsection (1)(j)(i), another minor residing in the same household

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                  may not be removed unless that minor is considered to be at substantial risk of being neglected;]
                      (k) an infant has been abandoned, as defined in Section 78-3a-313.5 ;
                      (l) the parent or guardian, or an adult residing in the same household as the parent or
                  guardian, has been charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
                  Act, and any clandestine laboratory operation, as defined in Section 58-37d-3 , was located in the
                  residence or on the property where the minor resided; or
                      (m) the minor's welfare is otherwise endangered.
                      (2) (a) For purposes of Subsection (1)(a), if a minor has previously been adjudicated as
                  abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency has
                  occurred involving the same substantiated abuser or under similar circumstance as the previous
                  abuse, that fact constitutes prima facie evidence that the minor cannot safely remain in the
                  custody of the minor's parent.
                      (b) For purposes of Subsection (1)(c):
                      (i) another minor residing in the same household may not be removed from the home
                  unless that minor is considered to be at substantial risk of being physically or sexually abused as
                  described in Subsection (1)(c) or Subsection (2)(b)(ii); and
                      (ii) if a parent or guardian has received actual notice that physical or sexual abuse by a
                  person known to the parent has occurred, and there is evidence that the parent or guardian failed
                  to protect the minor, after having received the notice, by allowing the minor to be in the physical
                  presence of the alleged abuser, that fact constitutes prima facie evidence that the minor is at
                  substantial risk of being physically or sexually abused.
                      [(2) A] (3) In the absence of one of the factors described in Subsection (1), a court may
                  not remove a minor from the parent's or guardian's custody on the basis of:
                      (a) educational neglect[, in the absence of one of the factors described in Subsection (1).
                  (3) A court may not remove a minor from the parent's or guardian's custody on the basis of];
                      (b) mental illness or poverty of the parent or guardian[, in the absence of one of the
                  factors described in Subsection (1).]; or
                      (c) disability of the parent or guardian, as defined in Subsection 57-21-3 (9).

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                      (4) A minor removed from the custody of the minor's parent or guardian under this
                  section may not be placed or kept in a secure detention facility pending further court proceedings
                  unless the minor is detainable based on guidelines promulgated by the Division of Juvenile
                  Justice Services.
                      (5) This section does not preclude removal of a minor from the minor's home without a
                  warrant or court order under Section 62A-4a-202.1 .
                      Section 22. Section 78-3a-304.5 is amended to read:
                       78-3a-304.5. Rules of procedure -- Ex parte communications.
                      (1) The Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure apply to
                  abuse, neglect, and dependency proceedings unless the provisions of this part specify otherwise.
                      (2) Any unauthorized ex parte communication concerning a pending case between a
                  judge and a party to an abuse, neglect, or dependency proceeding shall be recorded for
                  subsequent review, if necessary, by the Judicial Conduct Commission.
                      Section 23. 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

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                  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 shall also provide for reasonable parent-time with the parent from whose custody the
                  child was removed, unless parent-time is not 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).

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                      (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) (i) 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.
                      (ii) 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.
                      (iii) The child may be placed in the temporary custody of the division pending [that] the
                  determination under Subsection (5)(a)(ii).
                      (iv) This section may not be construed as a guarantee that an identified relative will
                  receive custody of the child. However, preferential consideration [may] shall 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

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                  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

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                  continuing jurisdiction of the court. The court may enter any order that it considers necessary for
                  the protection and best interest of the child. The court shall provide for reasonable parent-time
                  with the parent or parents from whose custody the child was removed unless parent-time is not in
                  the 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] is 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] is 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 24. Section 78-3a-311 is amended to read:

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                       78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
                      (1) The court may make any of the dispositions described in Section 78-3a-118 , place the
                  child in the custody or guardianship of any individual or public or private entity or agency, order
                  protective supervision, family preservation, medical or mental health treatment, or other services.
                      (2) (a) (i) Whenever the court orders continued removal at the dispositional hearing, and
                  that the minor remain in the custody of the Division of Child and Family Services, it shall first
                  establish a primary permanency goal for the minor and determine whether, in view of the primary
                  permanency goal, reunification services are appropriate for the child and the child's family,
                  pursuant to Subsection (3).
                      (ii) When the court determines that reunification services are appropriate for the child
                  and the child's family, the court shall provide for reasonable parent-time with the parent or
                  parents from whose custody the child was removed, unless parent-time is not in the best interest
                  of the child.
                      (iii) In cases where obvious sexual abuse, abandonment, or serious physical abuse or
                  neglect are involved, neither the division nor the court has any duty to make "reasonable efforts"
                  or to, in any other way, attempt to provide reunification services, or to attempt to rehabilitate the
                  offending parent or parents. In all cases, the child's health, safety, and welfare shall be the court's
                  paramount concern in determining whether reasonable efforts to reunify should be made.
                      (b) (i) In addition to the primary permanency goal, the court shall establish a concurrent
                  permanency goal. The concurrent permanency goal shall include a representative list of the
                  conditions under which the primary permanency goal will be abandoned in favor of the
                  concurrent permanency goal and an explanation of the effect of abandoning or modifying the
                  primary permanency goal.
                      (ii) A permanency hearing shall be conducted in accordance with Subsection
                  78-3a-312 (1)(b) within 30 days if something other than reunification is initially established as a
                  child's primary permanency goal.
                      (iii) The court may amend a child's primary permanency goal before the establishment of
                  a final permanency plan under Section 78-3a-312 . The court is not limited to the terms of the

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                  concurrent permanency goal in the event that the primary permanency goal is abandoned. If, at
                  anytime, the court determines that reunification is no longer a child's primary permanency goal,
                  the court shall conduct a permanency hearing in accordance with Section 78-3a-312 within the
                  earlier of 30 days of the court's determination or 12 months from the original removal of the
                  child.
                      (c) (i) If the court determines that reunification services are appropriate, it shall order that
                  the division make reasonable efforts to provide services to the child and the child's parent for the
                  purpose of facilitating reunification of the family, for a specified period of time. In providing
                  those services, the child's health, safety, and welfare shall be the division's paramount concern,
                  and the court shall so order.
                      (ii) The court shall determine whether the services offered or provided by the division
                  under the treatment plan constitute "reasonable efforts" on the part of the division. The court
                  shall also determine and define the responsibilities of the parent under the treatment plan in
                  accordance with Section 62A-4a-205 . Those duties and responsibilities shall be identified on the
                  record, for the purpose of assisting in any future determination regarding the provision of
                  reasonable efforts, in accordance with state and federal law.
                      (iii) The time period for reunification services may not exceed 12 months from the date
                  that the child was initially removed from the child's home. Nothing in this section may be
                  construed to entitle any parent to an entire 12 months of reunification services.
                      (iv) If reunification services have been ordered, the court may terminate those services at
                  any time.
                      (v) If, at any time, continuation of reasonable efforts to reunify a child is determined to
                  be inconsistent with the final permanency plan for the child established pursuant to Subsection
                  78-3a-312 , then measures shall be taken, in a timely manner, to place the child in accordance
                  with the permanency plan, and to complete whatever steps are necessary to finalize the
                  permanent placement of the child.
                      (d) Any physical custody of the minor by the parent or a relative during the period
                  described in Subsection (2)(c) does not interrupt the running of the period.

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                      (e) (i) If reunification services have been ordered, a permanency hearing shall be
                  conducted by the court in accordance with Section 78-3a-312 at the expiration of the time period
                  for reunification services. The permanency hearing shall be held no later than 12 months after
                  the original removal of the child.
                      (ii) If reunification services have not been ordered, a permanency hearing shall be
                  conducted within 30 days, in accordance with Section 78-3a-312 .
                      (f) With regard to a child who is 36 months of age or younger at the time the child is
                  initially removed from the home, the court shall:
                      (i) hold a permanency hearing eight months after the date of the initial removal, pursuant
                  to Section 78-3a-312 ; and
                      (ii) order the discontinuance of those services after eight months from the initial removal
                  of the child from the home if the parent or parents have not made substantial efforts to comply
                  with the treatment plan.
                      (g) With regard to a child in the custody of the division whose parent or parents have
                  been ordered to receive reunification services but who have abandoned that child for a period of
                  six months since the date that reunification services were ordered, the court shall terminate
                  reunification services, and the division shall petition the court for termination of parental rights.
                      (3) (a) Because of the state's interest in and responsibility to protect and provide
                  permanency for children who are abused, neglected, or dependent, the Legislature finds that a
                  parent's interest in receiving reunification services is limited. The court may determine that
                  efforts to reunify a child with the child's family are not reasonable or appropriate, based on the
                  individual circumstances, and that reunification services should not be provided. In determining
                  "reasonable efforts" to be made with respect to a child, and in making "reasonable efforts," the
                  child's health, safety, and welfare shall be the paramount concern.
                      (b) There is a presumption that reunification services should not be provided to a parent
                  if the court finds, by clear and convincing evidence, that any of the following circumstances
                  exist:
                      (i) the whereabouts of the parents are unknown, based upon a verified affidavit indicating

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                  that a reasonably diligent search has failed to locate the parent;
                      (ii) the parent is suffering from a mental illness of such magnitude that it renders him
                  incapable of utilizing reunification services; that finding shall be based on competent evidence
                  from mental health professionals establishing that, even with the provision of services, the parent
                  is unlikely to be capable of adequately caring for the child within 12 months;
                      (iii) the minor has been previously adjudicated as an abused child due to physical or
                  sexual abuse, that following the adjudication the child was removed from the custody of his
                  parent, was subsequently returned to the custody of that parent, and the minor is being removed
                  due to additional physical or sexual abuse;
                      (iv) the parent has caused the death of another child through abuse or neglect or has
                  committed, aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
                  of a child or child abuse homicide;
                      (v) the minor has suffered severe abuse by the parent or by any person known by the
                  parent, if the parent knew or reasonably should have known that the person was abusing the
                  minor;
                      (vi) the minor has been adjudicated an abused child as a result of severe abuse by the
                  parent, and the court finds that it would not benefit the child to pursue reunification services with
                  the offending parent;
                      (vii) the parent's rights have been terminated with regard to any other child;
                      (viii) the child has been removed from his home on at least two previous occasions and
                  reunification services were offered or provided to the family at those times; [or]
                      (ix) the parent has abandoned the child for a period of six months or longer; or
                      (x) any other circumstance that the court determines should preclude reunification efforts
                  or services.
                      (4) (a) Failure of the parent to respond to previous services or comply with any previous
                  treatment plan, the fact that the child was abused while the parent was under the influence of
                  drugs or alcohol, a past history of violent behavior, whether a parent continues to live with an
                  individual who abused the child, any patterns of the parent's behavior that have exposed the child

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                  to repeated abuse, or testimony by a competent professional that the parent's behavior is unlikely
                  to be successful, shall be considered in determining whether reunification services are
                  appropriate.
                      (b) The court shall also consider whether the parent has expressed an interest in
                  reunification with the child, in determining whether reunification services are appropriate.
                      (5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
                  whereabouts of a parent become known within six months of the out-of-home placement of the
                  minor, the court may order the division to provide reunification services. The time limits
                  described in Subsection (2), however, are not tolled by the parent's absence.
                      (6) If a parent is incarcerated or institutionalized, the court shall order reasonable
                  services unless it determines that those services would be detrimental to the minor. In
                  determining detriment, the court shall consider the age of the child, the degree of parent-child
                  bonding, the length of the sentence, the nature of the treatment, the nature of the crime or illness,
                  the degree of detriment to the child if services are not offered and, for minors ten years of age or
                  older, the minor's attitude toward the implementation of family reunification services, and any
                  other appropriate factors. Reunification services for an incarcerated parent are subject to the
                  12-month limitation imposed in Subsection (2). Reunification services for an institutionalized
                  parent are subject to the 12-month limitation imposed in Subsection (2), unless the court
                  determines that continued reunification services would be in the child's best interest.
                      (7) If, pursuant to Subsection (3)(b)(ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), or (x), the
                  court does not order reunification services, a permanency hearing shall be conducted within 30
                  days, in accordance with Section 78-3a-312 .
                      Section 25. Section 78-3a-912 is amended to read:
                       78-3a-912. Appointment of attorney guardian ad litem -- Right of refusal -- Duties
                  and responsibilities -- Training -- Trained staff and court-appointed special advocate
                  volunteers -- Costs -- Immunity -- Annual report.
                      (1) The court may appoint an attorney guardian ad litem to represent the best interest of a
                  minor involved in any case before the court and shall consider only the best interest of a minor in

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                  determining whether to appoint a guardian ad litem.
                      (2) An attorney guardian ad litem shall represent the best interest of each minor who
                  may become the subject of a petition alleging abuse, neglect, or dependency, from the date the
                  minor is removed from the minor's home by the [Division of Child and Family Services]
                  division, or the date the petition is filed, whichever occurs earlier.
                      (3) The Office of the Guardian Ad Litem Director, through an attorney guardian ad litem,
                  shall:
                      (a) represent the best interest of the minor in all proceedings;
                      (b) be trained in applicable statutory, regulatory, and case law, and in accordance with
                  the United States Department of Justice National Court Appointed Special Advocate Association
                  guidelines, prior to representing any minor before the court;
                      (c) conduct or supervise an independent investigation in order to obtain first-hand, a clear
                  understanding of the situation and needs of the child;
                      (d) (i) personally meet with the minor[,];
                      (ii) personally interview the minor if the minor is old enough to communicate[,];
                      (iii) determine the minor's goals and concerns regarding placement[,]; and
                      (iv) personally assess or supervise an assessment of the appropriateness and safety of the
                  minor's environment in each placement;
                      (e) file written motions, responses, or objections at all stages of a proceeding when
                  necessary to protect the best interest of a minor;
                      (f) personally or through a trained volunteer, paralegal, or other trained staff, attend all
                  administrative and foster care citizen review board hearings pertaining to the minor's case;
                      (g) participate in all appeals unless excused by order of the court;
                      (h) be familiar with local experts who can provide consultation and testimony regarding
                  the reasonableness and appropriateness of efforts made by the Division of Child and Family
                  Services to maintain a minor in the minor's home or to reunify a minor with the minor's parent;
                      (i) to the extent possible, and unless it would be detrimental to the minor, personally or
                  through a trained volunteer, paralegal, or other trained staff, keep the minor advised of the status

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                  of the minor's case, all court and administrative proceedings, discussions, and proposals made by
                  other parties, court action, and psychiatric, medical, or other treatment or diagnostic services that
                  are to be provided to the minor;
                      (j) review proposed orders for, and as requested by the court, prepare proposed orders
                  with clear and specific directions regarding services, treatment, and evaluation, assessment, and
                  protection of the minor and the minor's family; and
                      (k) personally or through a trained volunteer, paralegal, or other trained staff, monitor
                  implementation of a minor's treatment plan and any dispositional orders to determine whether
                  services ordered by the court are actually provided, are provided in a timely manner, and attempt
                  to assess whether they are accomplishing their intended goal.
                      (4) (a) An attorney guardian ad litem may use trained volunteers, in accordance with
                  Title 67, Chapter 20, Volunteer Government Workers Act, trained paralegals, and other trained
                  staff to assist in investigation and preparation of information regarding the cases of individual
                  minors before the court. An attorney guardian ad litem may not, however, delegate the attorney's
                  responsibilities described in Subsection (3).
                      (b) All volunteers, paralegals, and staff utilized pursuant to this section shall be trained in
                  and follow, at a minimum, the guidelines established by the United States Department of Justice
                  Court Appointed Special Advocate Association.
                      (c) The court may use volunteers trained in accordance with the requirements of
                  Subsection (4)(b) to assist in investigation and preparation of information regarding the cases of
                  individual minors within the jurisdiction.
                      (d) When possible and appropriate, the court may use a volunteer who is a peer of the
                  minor appearing before the court, in order to provide assistance to that minor, under the
                  supervision of an attorney guardian ad litem or the attorney's trained volunteer, paralegal, or
                  other trained staff.
                      (5) The attorney guardian ad litem shall continue to represent the best interest of the
                  minor until released from duties by the court.
                      (6) (a) The juvenile court is responsible for all costs resulting from the appointment of an

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                  attorney guardian ad litem and the costs of volunteer, paralegal, and other staff appointment and
                  training, and shall use funds appropriated by the Legislature for the guardian ad litem program to
                  cover those costs.
                      (b) (i) When the court appoints an attorney guardian ad litem under this section, the court
                  may assess all or part of the attorney's fees, court costs, and paralegal, staff, and volunteer
                  expenses against the minor's parents, parent, or legal guardian in a proportion that the court
                  determines to be just and appropriate.
                      (ii) The court may not assess those fees or costs against a legal guardian, when that
                  guardian is the state, or against a parent who is found to be impecunious. If a person claims to be
                  impecunious, the court shall require of that person an affidavit of impecuniosity as provided in
                  Section 78-7-36 and the court shall follow the procedures and make the determinations as
                  provided in Section 78-7-36 .
                      (7) An attorney guardian ad litem appointed under this section, when serving in the scope
                  of [his] the attorney guardian ad litem's duties as guardian ad litem is considered an employee of
                  the state for purposes of indemnification under Title 63, Chapter 30, Utah Governmental
                  Immunity Act.
                      (8) (a) An attorney guardian ad litem shall represent the best interest of a minor. If the
                  minor's wishes differ from the attorney's determination of the minor's best interest, the attorney
                  guardian ad litem shall communicate the minor's wishes to the court in addition to presenting the
                  attorney's determination of the minor's best interest. A difference between the minor's wishes
                  and the attorney's determination of best interest may not be considered a conflict of interest for
                  the attorney.
                      (b) The court may appoint one attorney guardian ad litem to represent the best interests
                  of more than one minor child of a marriage.
                      (9) An attorney guardian ad litem shall be provided access to all Division of Child and
                  Family Services records regarding the minor at issue and the minor's family.
                      (10) An attorney guardian ad litem shall maintain current and accurate records regarding
                  the number of times the attorney has had contact with each minor and the actions the attorney has

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                  taken in representation of the minor's best interest.
                      (11) (a) Except as provided in Subsection (11)(b), all records of an attorney guardian ad
                  litem are confidential and may not be released or made public upon subpoena, search warrant,
                  discovery proceedings, or otherwise. This subsection supersedes Title 63, Chapter 2,
                  Government Records Access and Management Act.
                      (b) All records of an attorney guardian ad litem are subject to legislative subpoena, under
                  Title 36, Chapter 14, Legislative Subpoena Powers, and shall be released to the Legislature.
                      (c) Records released in accordance with Subsection (11)(b) shall be maintained as
                  confidential by the Legislature. The Office of the Legislative Auditor General may, however,
                  include summary data and nonidentifying information in its audits and reports to the Legislature.
                      (d) Because of the unique role of an attorney guardian ad litem described in Subsection
                  (8), and the state's role and responsibility to provide a guardian ad litem program and, as parens
                  patriae, to protect minors, Subsection (11)(b) constitutes an exception to Rules of Professional
                  Conduct, Rule 1.6, as provided by Rule 1.6(b)(4). A claim of attorney-client privilege does not
                  bar access to the records of an attorney guardian ad litem by the Legislature, through legislative
                  subpoena.
                      (e) The Office of the Guardian Ad Litem shall present an annual report to the Child
                  Welfare Legislative Oversight Panel detailing:
                      (i) the development, policy, and management of the statewide guardian ad litem
                  program;
                      (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
                      (iii) the number of children served by the Office of the Guardian Ad Litem.
                      Section 26. Section 78-3a-913 is amended to read:
                       78-3a-913. Right to counsel -- Appointment of counsel for indigent -- Cost -- Court
                  hearing to determine compelling reason to appoint a noncontracting attorney -- Rate of
                  pay.
                      (1) (a) The parents, guardian, custodian, and the minor, if competent, shall be informed
                  that they have the right to be represented by counsel at every stage of the proceedings. They have

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                  the right to employ counsel of their own choice and if any of them requests an attorney and is
                  found by the court to be indigent, counsel shall be appointed by the court as provided in
                  Subsection (3). The court may appoint counsel without a request if it considers representation by
                  counsel necessary to protect the interest of the minor or of other parties.
                      (b) The cost of appointed counsel for an indigent minor or other indigent party, including
                  the cost of counsel and expense of appeal, shall be paid by the county in which the [hearing is]
                  trial court proceedings are held. Counties may levy and collect taxes for these purposes.
                      (c) The court shall take into account the income and financial ability to retain counsel of
                  the parents or guardian of a minor in determining the indigency of the minor.
                      (2) If the state or county responsible to provide legal counsel for an indigent under
                  Subsection (1)(b) has arranged by contract to provide services, the court if it has received notice
                  or a copy of such contract shall appoint the contracting attorney as legal counsel to represent that
                  indigent.
                      (3) [The] In the absence of contrary contractual provisions regarding the selection and
                  appointment of parental defense counsel, the court shall select and appoint the attorney or
                  attorneys if:
                      (a) the contract for indigent legal services is with multiple attorneys; or
                      (b) the contract is with an additional attorney or attorneys in the event of a conflict of
                  interest.
                      (4) If the court considers the appointment of a noncontracting attorney to provide legal
                  services to an indigent despite the existence of an indigent legal services contract and the court
                  has a copy or notice of such contract, before the court may make the appointment, it shall:
                      (a) set the matter for a hearing;
                      (b) give proper notice to the attorney general [or county attorney of the responsible
                  county of the hearing] and the Office of Child Welfare Parental Defense created in Section
                  63A-11-103 ; and
                      (c) make findings that there is a compelling reason to appoint a noncontracting attorney
                  before it may make such appointment.

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                      (5) The indigent's mere preference for other counsel shall not be considered a compelling
                  reason justifying the appointment of a noncontracting attorney.
                      (6) The court may order a minor, parent, guardian, or custodian for whom counsel is
                  appointed and the parents or guardian of any minor for whom counsel is appointed to reimburse
                  the county for the cost of appointed counsel.
                      (7) If the minor and other parties were not represented by counsel, the court shall inform
                  them at the conclusion of the proceedings that they have the right to appeal.
                      Section 27. Appropriation.
                      (1) There is appropriated ($239,000), as an ongoing appropriation from the General Fund
                  for fiscal year 2004-05 to the Department of Human Services - Executive Director Operations --
                  Services Review Program.
                      (2) There is appropriated $239,000, as an ongoing appropriation from the General Fund
                  for fiscal year 2004-05 to the Child Welfare Parental Defense Fund created in this bill.
                      Section 28. Effective date.
                      This bill takes effect on July 1, 2004.

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