S.B. 99

1

CHILD AND FAMILY SERVICES -
2 STANDARD OF REVIEW
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Parley G. Hellewell
6
7 LONG TITLE
8 General Description:
9 This bill amends the Administrative Procedures Act.
10 Highlighted Provisions:
11 This bill:
12 . requires review hearings of administrative findings relating to child welfare issues
13 in the juvenile court to be de novo with no deference to the findings by the
14 administrative law judge; and
15 . requires clear and convincing evidence as the standard of review.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 63-46b-24, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 63-46b-24 is enacted to read:
26 63-46b-24. Judicial review -- Child welfare proceedings.
27 (1) The juvenile court shall review by trial de novo and without deference all final

28 agency actions resulting from informal adjudicative proceedings relating to:
29 (a) the removal or placement of a child into state custody;
30 (b) the support of a child as determined administratively under Section 78-3a-906 ; and
31 (c) substantiated findings of abuse or neglect made by the Division of Child and
32 Family Services, after an evidentiary hearing.
33 (2) Judicial review of the administrative findings in Subsection (1) shall be conducted
34 with the purpose of determining whether there is clear and convincing evidence that the child
35 has been abused or neglected.




Legislative Review Note
as of 1-9-04 10:46 AM

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

Office of Legislative Research and General Counsel