H.B. 197

1

LIMIT ON CHILD WELFARE
2 RECOMMENDATIONS AND RULINGS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mike Thompson
6
7 LONG TITLE
8 General Description:
9 This bill amends the Administrative Procedures Act and the Judicial Code.
10 Highlighted Provisions:
11 This bill:
12 . limits factors that may be considered when an agency or court recommends or rules
13 on the custody, placement, or other disposition alternative of a minor, or the
14 termination of parental rights.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 63-46b-2.1, Utah Code Annotated 1953
22 78-7-46, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 63-46b-2.1 is enacted to read:
26 63-46b-2.1. Bases for certain recommendations and decisions limited.
27 (1) Except as provided in Subsection (2), no agency may recommend or rule on the

28 custody, placement, including foster placement, or other disposition alternative for a minor, or
29 the termination of parental rights, based on the fact that a parent or guardian of the minor
30 lawfully does one or more of the following:
31 (a) legally possesses or uses a firearm or other weapon;
32 (b) espouses particular religious beliefs or engages in particular religious practices; or
33 (c) schools the minor or other minors outside the public education system or is
34 otherwise sympathetic to schooling a minor outside the public education system.
35 (2) Subsection (1) does not prohibit a recommendation or ruling based on the
36 compatibility of a minor with a particular custody, placement, or other disposition alternative
37 as determined by the presence of any of the factors in Subsections (1)(a) through (1)(c).
38 Section 2. Section 78-7-46 is enacted to read:
39 78-7-46. Bases for certain decisions limited.
40 (1) Except as provided in Subsection (2), no court may rule on the custody, placement,
41 including foster placement, or other disposition alternative for a minor, or the termination of
42 parental rights, based on the fact that a parent or guardian of the minor lawfully does one or
43 more of the following:
44 (a) legally possesses or uses a firearm or other weapon;
45 (b) espouses particular religious beliefs or engages in particular religious practices; or
46 (c) schools the minor or other minors outside the public education system or is
47 otherwise sympathetic to schooling a minor outside the public education system.
48 (2) Subsection (1) does not prohibit a ruling based on the compatibility of a minor with
49 a particular custody, placement, or other disposition alternative as determined by the presence
50 of any of the factors in Subsections (1)(a) through (1)(c).




Legislative Review Note
as of 12-5-03 9:10 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel