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Third Substitute H.B. 202
6 LONG TITLE
7 General Description:
8 This bill amends child welfare provisions of the Utah Human Services Code, the Utah
9 Criminal Code, and the Judicial Code, and repeals the pilot program for differentiated
10 responses to child abuse and neglect reports.
11 Highlighted Provisions:
12 This bill:
13 . defines terms and modifies definition provisions;
14 . removes the requirement that the Division of Child and Family Services provide
15 services to unwed parents;
16 . provides that a supported finding by the Division of Child and Family Services,
17 upon completion of an investigation, must be based upon a determination that it is
18 more likely than not that abuse, neglect, or dependency occurred;
19 . lists the training that a child welfare caseworker is required to receive;
20 . provides for the removal of a person's name and information from the Licensing
21 Information System, created in Section 62A-4a-116.2, when a court finds that an
22 allegation against that person of severe child abuse or neglect is unsubstantiated or
23 without merit or when a court finds that the allegation is substantiated, but the
24 finding is overturned on appeal;
25 . deletes and repeals the provisions relating to the pilot program for differentiated
26 responses to child abuse and neglect reports;
27 . lists the rights and responsibilities of parents and the state, including those related to
28 discipline and medical and mental health care of a child;
29 . limits the ability of the Division of Child and Family Services to withhold family
30 preservation services;
31 . addresses family preservation services and procedures for conducting an
32 investigation and developing a treatment plan;
33 . clarifies when services should be provided to eliminate the need to remove a child
34 from the custody of the child's parent or guardian;
35 . provides authority for taking protective custody of, and other action in regard to, a
36 child in danger of abuse;
37 . expands the information that must be provided to a parent or guardian when the
38 child of the parent or guardian is taken into protective custody;
39 . requires that all reasonable efforts be made to notify the parent or guardian of a
40 child taken into protective custody;
41 . amends provisions relating to a treatment plan for a child in the temporary custody
42 of the Division of Child and Family Services;
43 . lists the circumstances under which parental visitation may be denied by a court or
44 the Division of Child and Family Services;
45 . lists the circumstances where reporting of abuse or neglect is required;
46 . reduces the time that a physician may hold a child in protective custody without a
47 court order to 36 hours;
48 . limits the services that a parent or guardian may be charged for when a child is
49 taken into protective custody by a physician;
50 . describes when the Division of Child and Family Services is required to make a
51 preremoval investigation;
52 . provides that when the Division of Child and Family Services is required to inform
53 a parent of an interview prior to interviewing a child, the division must inform the
54 parent of the specific allegations concerning the child and the time and place of the
56 . lists circumstances under which a parent or guardian is not guilty of child abuse or
57 neglect of a disabled child;
58 . describes when a court may order medical care for a disabled child;
59 . describes the authority of a guardian;
60 . describes and limits the circumstances where a court can issue a search warrant or
61 subpoena in a protective custody matter;
62 . addresses the services that may be provided to a minor who is the subject of a
63 petition filed in juvenile court;
64 . limits the authority of a court to order medical and mental health treatment of a
66 . requires that when placing a child in guardianship or legal custody, a court shall
67 take into consideration the religious preferences of a minor and the minor's parents;
68 . limits the circumstances under which a court may order that a child be placed into
69 protective custody;
70 . clarifies the evidence that may be presented by a parent or guardian at a shelter
72 . requires that a court honor, as nearly as practicable, a request by a parent or
73 guardian to continue a shelter hearing;
74 . describes when a court must order a child released from protective custody;
75 . describes the circumstances under which the Division of Child and Family Services
76 and the court are required to provide services to:
77 . maintain or return a child to the child's home; or
78 . attempt to rehabilitate an offending parent;
79 . addresses reunification services;
80 . describes the circumstances under which a court can order the termination of
81 parental rights;
82 . establishes a rebuttable presumption that discipline of a child by a parent does not
83 constitute abusive conduct;
84 . provides that upon granting a voluntary relinquishment of parental rights, a court
85 may enter an order relating to the child's health and safety;
86 . increases the time within which a court must hold a permanency hearing from eight
87 months to 12 months; and
88 . makes technical changes.
89 Monies Appropriated in this Bill:
91 Other Special Clauses:
92 This bill takes effect on January 1, 2006.
93 Utah Code Sections Affected:
95 62A-2-121, as last amended by Chapter 86, Laws of Utah 2004
96 62A-4a-101, as last amended by Chapter 356, Laws of Utah 2004
97 62A-4a-106, as renumbered and amended by Chapter 260, Laws of Utah 1994
98 62A-4a-107, as last amended by Chapter 94, Laws of Utah 2003
99 62A-4a-116.1, as last amended by Chapter 210, Laws of Utah 2003
100 62A-4a-116.2, as last amended by Chapter 86, Laws of Utah 2004
101 62A-4a-116.4, as enacted by Chapter 283, Laws of Utah 2002
102 62A-4a-116.5, as last amended by Chapter 74, Laws of Utah 2004
103 62A-4a-116.6, as last amended by Chapter 210, Laws of Utah 2003
104 62A-4a-117, as last amended by Chapter 94, Laws of Utah 2003
105 62A-4a-201, as last amended by Chapter 274, Laws of Utah 2000
106 62A-4a-202, as last amended by Chapter 100, Laws of Utah 2004
107 62A-4a-202.1, as last amended by Chapter 180, Laws of Utah 2004
108 62A-4a-202.2, as last amended by Chapter 10, Laws of Utah 2001, First Special
110 62A-4a-202.6, as last amended by Chapter 58, Laws of Utah 2001
111 62A-4a-203, as last amended by Chapter 274, Laws of Utah 1998
112 62A-4a-205, as last amended by Chapter 356, Laws of Utah 2004
113 62A-4a-208, as enacted by Chapter 274, Laws of Utah 1998
114 62A-4a-209, as last amended by Chapters 265 and 306, Laws of Utah 2002
115 62A-4a-302, as renumbered and amended by Chapter 260, Laws of Utah 1994
116 62A-4a-402, as last amended by Chapter 274, Laws of Utah 1998
117 62A-4a-403, as last amended by Chapter 21, Laws of Utah 1999
118 62A-4a-407, as last amended by Chapter 302, Laws of Utah 1995
119 62A-4a-409, as last amended by Chapter 356, Laws of Utah 2004
120 62A-4a-414, as enacted by Chapter 315, Laws of Utah 2004
121 63-55-262, as last amended by Chapter 134, Laws of Utah 2001
122 76-5-109, as last amended by Chapter 125, Laws of Utah 2000
123 76-5-110, as last amended by Chapter 303, Laws of Utah 1997
124 78-3a-103, as last amended by Chapter 171, Laws of Utah 2003
125 78-3a-106, as last amended by Chapter 267, Laws of Utah 2003
126 78-3a-109, as last amended by Chapter 180, Laws of Utah 2001
127 78-3a-110, as enacted by Chapter 365, Laws of Utah 1997
128 78-3a-118, as last amended by Chapters 102 and 267, Laws of Utah 2004
129 78-3a-301, as last amended by Chapter 356, Laws of Utah 2004
130 78-3a-306, as last amended by Chapters 131 and 267, Laws of Utah 2003
131 78-3a-311, as last amended by Chapter 356, Laws of Utah 2004
132 78-3a-320, as last amended by Chapter 210, Laws of Utah 2003
133 78-3a-402, as renumbered and amended by Chapter 260, Laws of Utah 1994
134 78-3a-406, as last amended by Chapter 332, Laws of Utah 2003
135 78-3a-407, as last amended by Chapter 246, Laws of Utah 2002
136 78-3a-408, as last amended by Chapter 274, Laws of Utah 1998
137 78-3a-414, as last amended by Chapter 101, Laws of Utah 2001
139 62A-4a-202.7, as last amended by Chapter 94, Laws of Utah 2003
140 78-3a-403, as last amended by Chapter 318, Laws of Utah 1996
142 Be it enacted by the Legislature of the state of Utah:
143 Section 1. Section 62A-2-121 is amended to read:
144 62A-2-121. Access to abuse and neglect information for licensing purposes.
145 (1) With respect to human services licensees, the department may access only the
146 Licensing Information System of the Division of Child and Family Services created by Section
147 62A-4a-116.2 and juvenile court records under Subsection 78-3a-320 (4), for the purpose of:
148 (a) determining whether:
149 (i) a person associated with a licensee, with direct access to children, is listed in the
150 Licensing Information System; or [
151 (ii) a juvenile court [
153 (b) informing a licensee that:
154 (i) a person associated with the licensee is listed in the Licensing Information System;
155 or [
156 (ii) a juvenile court made a substantiated finding that a person associated with the
157 licensee committed severe child abuse or neglect under Subsections 78-3a-320 (1) and (2).
158 (2) Notwithstanding Subsection (1), the department may access the Division of Child
159 and Family Service's Management Information System under Section 62A-4a-116 for the
160 purpose of licensing and monitoring foster parents.
161 (3) After receiving identifying information for a person under Subsection
162 62A-2-120 (1), the department shall process the information for the purposes described in
163 Subsection (1).
164 (4) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
165 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
166 who has direct access to children and who is listed in the Licensing Information System or has
167 a substantiated finding by a court of a severe [
168 78-3a-320 (1) and (2) may provide services to children.
169 Section 2. Section 62A-4a-101 is amended to read:
170 62A-4a-101. Definitions.
171 As used in this chapter:
172 (1) (a) "Abuse" means:
177 (i) causing:
178 (A) nonaccidental physical harm;
179 (B) physical injury, as defined in Section 76-5-109 ; or
180 (C) serious physical injury, as defined in Section 76-5-109 ;
181 (ii) engaging in:
182 (A) mental cruelty, as defined in Section 76-5-109 ;
183 (B) sexual exploitation of a child, as defined in Section 62A-4a-402 ; or
184 (C) sexual abuse, as defined in Section 62A-4a-402 ;
185 (iii) while having care or custody of a child, causing or permitting another to:
186 (A) inflict on the child an injury or harm described in Subsection (1)(a)(i); or
187 (B) engage in conduct, described in Subsection (1)(a)(ii), involving the child; or
188 (iv) subjecting a child to mistreatment or abuse.
189 (b) "Abuse" does not include:
190 (i) disciplining or managing a child in a manner that does not constitute abuse under
191 Subsection (1)(a), including:
192 (A) withholding privileges from a child; or
193 (B) other discipline;
194 (ii) accidental conduct;
195 (iii) conduct described in Subsection 53A-11-802 (2);
196 (iv) conduct described in Section 76-2-401 ; or
197 (v) the use of reasonable and necessary physical restraint or force on a child:
198 (A) in self-defense;
199 (B) in defense of others;
200 (C) to protect the child; or
201 (D) to remove a weapon in the possession of a child for any of the reasons described in
202 Subsections (1)(b)(v)(A) through (C).
203 (2) "Adoption services" means:
204 (a) placing children for adoption[
205 (b) subsidizing adoptions under Section 62A-4a-105 [
206 (c) supervising adoption placements until the adoption is finalized by the court[
207 (d) conducting adoption studies[
208 (e) preparing adoption reports upon request of the court[
209 (f) providing postadoptive placement services, upon request of a family, for the
210 purpose of stabilizing a possible disruptive placement.
211 (3) "Board" means the Board of Child and Family Services established in accordance
212 with Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
213 (4) "Child" [
214 person under the age of 18.
219 pattern of neglect.
222 accordance with this chapter.
223 (8) "Criminal negligence" is as defined in Section 76-2-103 .
224 (9) "Custody," with regard to the division, means the custody of a [
225 division as of the date of disposition.
226 (10) "Day-care services" means care of a child for a portion of the day which is:
227 (a) less than 24 hours[
228 (b) in [
229 (c) outside of [
230 (i) day-care center[
231 (ii) family group home[
232 (iii) family child care home.
233 (11) "Dependent child" or "dependency" means a child, or the condition of a child, who
234 is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
235 (12) "Director" means the director of the Division of Child and Family Services.
236 (13) "Division" means the Division of Child and Family Services.
237 (14) (a) "Domestic violence services" means temporary shelter, treatment, and related
238 services to persons who are victims of abuse and their dependent children and treatment
239 services for domestic violence perpetrators.
240 (b) As used in this Subsection (14):
241 (i) "abuse" means the same as that term is defined in Section 30-6-1 [
242 (ii) "domestic violence perpetrator" means a person who is alleged to have committed,
243 has been convicted of, or has pled guilty to an act of domestic violence as defined in
244 Subsection 77-36-1 (2).
245 (15) "Homemaking service" means the care of individuals in their domiciles, and help
246 given to individual caretaker relatives to achieve improved household and family management
247 through the services of a trained homemaker.
248 (16) "Intentionally" is as defined in Section 76-2-103 .
249 (17) "Knowingly" is as defined in Section 76-2-103 .
251 (b) "Minor" may also include a person under 21 years of age for whom the division has
252 been specifically ordered by the juvenile court to provide services.
254 includes a minor's noncustodial parent.
256 (i) substantial failure by a parent, guardian, or person with care or custody of a child to
257 provide the child with proper or necessary:
258 (A) care;
259 (B) food;
260 (C) shelter;
261 (D) clothing;
262 (E) training;
263 (F) physical safety; or
264 (G) medical or mental health care;
266 Safe Relinquishment of a Newborn Child;
280 (iii) that there is a substantial risk that a child may suffer abuse or neglect by a
281 caretaker who neglected or abused another child in the child's home;
282 (iv) failure by a parent or guardian to make a good faith effort to ensure that the child
283 receives an appropriate education after the parent or guardian receives notice that the child is
284 frequently absent from school without good cause; or
285 (v) an act or failure to act that presents an imminent risk of serious harm.
286 (b) "Neglect" does not include:
288 that reason, does not provide specified medical or mental health treatment for a child[
290 (ii) disciplining or managing a child.
292 child by the division from the time the child is removed from the child's home until the shelter
293 hearing, or the [
295 (a) in response to evidence of neglect, abuse, or dependency of a minor;
296 (b) to a cohabitant who is neglecting or abusing a child, in order to help the cohabitant
297 develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse, and
298 to strengthen the cohabitant's ability to provide safe and acceptable care; and
299 (c) in cases where the child's welfare is endangered:
300 (i) to bring the situation to the attention of the appropriate juvenile court and law
301 enforcement agency;
302 (ii) to cause a protective order to be issued for the protection of the minor, when
303 appropriate; and
304 (iii) to protect the child from the circumstances that endanger the child's welfare
305 including, when appropriate, removal from the child's home, placement in substitute care, and
306 petitioning the court for termination of parental rights.
307 (23) "Recklessly" is as defined in Section 76-2-103 .
313 (25) "Severe child abuse or neglect" means:
314 (a) if committed by a person 18 years of age or older:
315 (i) causing serious physical injury, as defined in Section 76-5-109 ; or
316 (ii) committing:
317 (A) chronic abuse;
318 (B) sexual abuse, as defined in Section 62A-4a-402 ;
319 (C) sexual exploitation of a child, as defined in Section 62A-4a-402 ;
320 (D) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
321 Relinquishment of a Newborn Child;
322 (E) serious neglect;
323 (F) chronic neglect; or
324 (G) mental cruelty, as defined in Section 76-5-109 ; or
325 (b) if committed by a person under the age of 18:
326 (i) inflicting serious physical injury, as defined in Section 76-5-109 , to another child
327 when that conduct indicates that the person poses an actual risk to other children, as determined
328 in accordance with risk assessment factors established by the division, by rule, as provided in
329 Section 62A-4a-102 ; or
330 (ii) committing sexual behavior with or upon another child when that conduct
331 indicates that the person poses an actual risk to other children, as determined in accordance
332 with risk assessment factors established by the division, by rule, as provided in Section
333 62A-4a-102 .
337 Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern
338 Mariana Islands, or a territory or possession administered by the United States.
344 youth, and family services administered by the division in accordance with federal law.
346 but for the age of the offender.
348 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
349 identified in a given case shall be considered separately in determining whether there should be
350 a finding of substantiated.
352 (a) the placement of a minor in a family home, group care facility, or other placement
353 outside the minor's own home, either at the request of a parent [
354 responsible relative, or upon court order, when it is determined that continuation of care in the
355 child's own home would be contrary to the child's welfare;
356 (b) services provided for a child awaiting placement; and
357 (c) the licensing and supervision of a substitute care facility.
360 abuse, neglect, or dependency occurred. Each allegation made or identified during the course
361 of the investigation shall be considered separately in determining whether there should be a
362 finding of supported.
364 child in the division from the date of the shelter hearing until disposition.
366 with escort service, if necessary, to and from community facilities and resources as part of a
367 service plan.
369 not been established beyond a preponderance of the evidence [
370 neglect occurred.
372 division that there is insufficient evidence to conclude that abuse, neglect, or dependency
373 occurred. However, a finding of unsupported means also that the division worker did not
374 conclude that the allegation was without merit.
376 the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
377 or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
378 Section 3. Section 62A-4a-106 is amended to read:
379 62A-4a-106. Services provided by division.
380 (1) The division may provide, directly or through contract, services that include[
382 (a) adoptions;
383 (b) day care for children;
392 (2) Services provided directly by the division or through contract shall be monitored by
393 the division to insure compliance with applicable:
394 (a) state law[
395 (b) standards and rules of the division.
396 Section 4. Section 62A-4a-107 is amended to read:
397 62A-4a-107. Mandatory education and training of caseworkers -- Development of
399 (1) There is created within the division a full-time position of Child Welfare Training
400 Coordinator, who shall be appointed by and serve at the pleasure of the director. The employee
401 in that position [
402 those services, but [
403 (a) develop child welfare curriculum that:
404 (i) is current and effective, consistent with the division's mission and purpose for child
405 welfare; and
406 (ii) utilizes curriculum and resources from a variety of sources including those from:
407 (A) the public sector;
408 (B) the private sector; and
409 (C) inside and outside of the state;
410 (b) recruit, select, and supervise child welfare trainers;
411 (c) develop a statewide training program, including a budget and identification of
412 sources of funding to support that training;
413 (d) evaluate the efficacy of training in improving job performance;
414 (e) assist child protective services and foster care workers in developing and fulfilling
415 their individual training plans;
416 (f) monitor staff compliance with division training requirements and individual training
417 plans; and
418 (g) expand the collaboration between the division and schools of social work within
419 institutions of higher education in developing child welfare services curriculum, and in
420 providing and evaluating training.
421 (2) (a) The director shall, with the assistance of the child welfare training coordinator,
422 establish a core curriculum for child welfare services that is substantially equivalent to the
423 Child Welfare League of America's Core Training for Child Welfare Caseworkers Curriculum.
424 (b) Any child welfare [
425 first time after July 1, 1999, shall, before assuming significant independent casework
426 responsibilities, successfully complete:
427 (i) the core curriculum; and
428 (ii) except as provided in Subsection (2)(c), on-the-job training that consists of
429 observing and accompanying at least two capable and experienced child welfare [
430 caseworkers as they perform work-related functions:
431 (A) for three months if the [
432 experience as a child welfare [
433 (B) for two months if the [
434 months of on-the-job experience as a child welfare [
435 (c) A child welfare [
436 experience is not required to receive on-the-job training under Subsection (2)(b)(ii).
437 (3) Child welfare caseworkers shall complete training in:
438 (a) the legal duties of a child welfare caseworker;
439 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
440 of children, parents, and families at all stages of a case, including:
441 (i) initial contact;
442 (ii) investigation; and
443 (iii) treatment;
444 (c) recognizing situations involving:
445 (i) substance abuse;
446 (ii) domestic violence;
447 (iii) abuse; and
448 (iv) neglect; and
449 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
450 the United States to the child welfare caseworker's job, including:
451 (i) search and seizure of evidence;
452 (ii) the warrant requirement;
453 (iii) exceptions to the warrant requirement; and
454 (iv) removing a child from the custody of the child's parent or guardian.
455 (4) The division shall train its child welfare caseworkers to apply the risk assessment
456 factors and rules described in Subsection 62A-4a-101 (25)(b)(ii).
457 (5) When a child welfare caseworker is hired, before assuming significant independent
458 casework responsibilities, the child welfare caseworker shall complete the training described in
459 Subsections (3) and (4).
460 Section 5. Section 62A-4a-116.1 is amended to read:
461 62A-4a-116.1. Supported finding of severe types of abuse or neglect -- Notation in
462 Licensing Information System -- Juvenile court petition or notice to alleged perpetrator --
463 Rights of alleged perpetrator -- Juvenile court finding.
464 (1) If the division makes a supported finding [
465 committed severe [
467 (a) serve notice of the finding on the alleged perpetrator [
468 (b) enter into the Licensing Information System created in Section 62A-4a-116.2 the
469 name and other identifying information of the perpetrator with the supported finding[
470 (i) without identifying the person as a perpetrator or alleged perpetrator[
471 (ii) with a notation to the effect that an investigation regarding the person is pending;
474 one year of the supported finding.
506 (a) shall state that:
510 described in Subsection (1) committed severe [
514 identifying information of the person described in Subsection (1) have been listed in the
515 Licensing Information System in accordance with Subsection (1)[
517 disqualified from adopting a child or being licensed by:
524 year after service of the notice will result in the action described in Subsection [
525 (b) shall include a general statement of the nature of the findings; and
526 (c) may not include:
527 (i) the name of a victim or witness; or
528 (ii) any privacy information related to the victim or a witness.
530 and (2), the alleged perpetrator shall have the right to:
531 (i) file a written request asking the division to review the findings made under
532 Subsection [
533 (ii) immediately petition the juvenile court under Section 78-3a-320 ; or
534 (iii) sign a written consent to:
535 (A) the supported finding made under Subsection (1); and
536 (B) entry into the Licensing Information System of:
537 (I) the alleged perpetrator's name; and
538 (II) other information regarding the supported finding [
540 (b) Except as provided in Subsection (3)(e), the alleged perpetrator's name and the
541 information described in Subsection (1)(b) shall remain in the Licensing Information System:
543 (3)(a) within one year after service of the notice described in [
547 (ii) during the time that the division awaits a response from the alleged perpetrator
548 pursuant to Subsection [
549 (iii) during the pendency of any proceeding[
551 (c) The alleged perpetrator [
552 Subsection [
553 incident of abuse or neglect pursuant to the filing of a petition under Section 78-3a-305 by
554 some other party.
555 (d) Consent under Subsection [
556 the minor's parent or guardian.
557 (e) (i) Notwithstanding Subsection (3)(b), the alleged perpetrator's name and the
558 information described in Subsection (1)(b) shall be removed from the Licensing Information
559 System if the severe child abuse or neglect upon which the Licensing Information System entry
560 was made:
561 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
562 79-3a-320 ; or
563 (B) is found to be substantiated, but is subsequently reversed on appeal.
564 (ii) An alleged perpetrator's name and information that is removed from the Licensing
565 Information System under Subsection (3)(e)(i), may be placed back on the Licensing
566 Information System if the court action that was the basis for removing the alleged perpetrator's
567 name and information is subsequently reversed on appeal.
569 shall make a finding of substantiated, unsubstantiated, or without merit as provided in
570 Subsections 78-3a-320 (1) and (2).
572 (a) shall be personal service in accordance with [
573 Procedure, Rule 4; and
574 (b) does not preclude civil or criminal action against the alleged perpetrator.
575 Section 6. Section 62A-4a-116.2 is amended to read:
576 62A-4a-116.2. Licensing Information System -- Contents -- Juvenile court finding
577 -- Protected record -- Access -- Criminal penalty.
578 (1) The division shall maintain a sub-part of the Management Information System
579 established pursuant to Section 62A-4a-116 , to be known as the Licensing Information System,
580 to be used solely for licensing purposes. The Licensing Information System shall include only
581 the following information:
582 (a) the information described in Subsections 62A-4a-116.1 (1)[
583 (b) consented-to supported findings by alleged perpetrators under Subsection
584 62A-4a-116.1 [
585 (c) the information in the licensing part of the division's Management Information
586 System as of May 6, 2002.
587 (2) Notwithstanding Subsection (1), the department's access to information in the
588 Management Information System for the licensure and monitoring of foster parents is governed
589 by Sections 62A-4a-116 and 62A-2-121 .
590 (3) [
591 provided in Subsections 62A-4a-116.1 (3)(b)(iii) and (e), upon receipt of a finding from the
592 juvenile court under Section 78-3a-320 , the division shall:
593 (a) promptly amend the Licensing Information System; and [
594 (b) enter the same information in the Management Information System. [
597 (4) Information contained in the Licensing Information System is classified as a
598 protected record under Title 63, Chapter 2, Government Records Access and Management Act.
599 (5) Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government
600 Records Access and Management Act, the information contained in the Licensing Information
601 System may only be used or disclosed as specifically provided in this chapter and Section
602 62A-2-121 and is accessible only to:
603 (a) the Office of Licensing within the department, for licensing purposes only;
604 (b) the division, for the following purposes:
605 (i) to screen a person at the request of the Office of the Guardian Ad Litem Director[
606 (A) at the time that person seeks a paid or voluntary position with the Office of the
607 Guardian Ad Litem Director; and [
608 (B) on an annual basis, throughout the time that the person remains with [
609 the Office of the Guardian Ad Litem Director; and
610 (ii) to respond to a request for information from a person whose name is listed in the
611 Licensing Information System;
612 (c) two persons designated by and within the Department of Health, only for the
613 following purposes:
614 (i) licensing a child care program or provider; or
615 (ii) determining whether a person associated with a covered health care facility, as
616 defined by the Department of Health by rule, who provides direct care to a child, has a
617 supported finding of severe child abuse or neglect; and
618 (d) the department, as specifically provided in this chapter.
621 (a) protect the security of the Licensing Information System; and
622 (b) strictly limit access to the Licensing Information System to those persons
623 designated by statute.
625 the Licensing Information System shall receive training from the department with respect to:
626 (a) accessing the Licensing Information System;
627 (b) maintaining strict security; and
628 (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
629 improper release of information.
631 another person to obtain or release any other information in the Licensing Information System
632 to screen for potential perpetrators of child abuse or neglect.
633 (9) A person who requests information knowing that it is a violation of [
634 Subsection [
635 62A-4a-412 and 63-2-801 .
636 Section 7. Section 62A-4a-116.4 is amended to read:
637 62A-4a-116.4. Timeframes for deletion of specified information or reports.
638 (1) Unless the executive director determines that there is good cause for keeping a
639 report of abuse or neglect in the Management Information System, based on standards
640 established by rule, the division shall delete any reference to:
641 (a) a report that is without merit, if no subsequent report involving the same alleged
642 perpetrator has occurred within one year; or
643 (b) a report that has been determined by a court of competent jurisdiction to be
644 unsubstantiated or without merit, if no subsequent report involving the same alleged
645 perpetrator has occurred within five years.
646 (2) (a) The division shall maintain a separation of reports as follows:
647 (i) those that are supported;
648 (ii) those that are unsupported;
649 (iii) those that are without merit;
650 (iv) those that are unsubstantiated under the law in effect prior to May 6, 2002;
651 (v) those that are substantiated under the law in effect prior to May 6, 2002; and
652 (vi) those that are consented-to supported findings under Subsection
653 62A-4a-116.1 [
654 (b) Only persons with statutory authority have access to information contained in any
655 of the reports identified in Subsection (2)(a).
656 Section 8. Section 62A-4a-116.5 is amended to read:
657 62A-4a-116.5. Notice and opportunity to challenge supported finding in
658 Management Information System -- Right of judicial review.
659 (1) (a) Except as provided in Subsection (2), the division shall send a notice of agency
660 action to a person with respect to whom the division makes a supported finding. In addition, if
661 the alleged perpetrator is under the age of 18, the division shall:
662 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
663 (ii) send a notice to each parent or guardian identified under Subsection (1)(a)(i) that
664 lives at a different address, unless there is good cause, as defined by rule, for not sending a
665 notice to a parent or guardian.
666 (b) Nothing in this section may be construed as affecting:
667 (i) the manner in which the division conducts an investigation; or
668 (ii) the use or effect, in any other setting, of a supported finding by the division at the
669 completion of an investigation for any purpose other than for notification under Subsection (1)
671 (2) Subsection (1) does not apply to a person who has been served with notice under
672 Subsection 62A-4a-116.1 (1)(a).
673 (3) The notice described in Subsection (1) shall state:
674 (a) that the division has conducted an investigation regarding alleged child abuse,
675 neglect, or dependency;
676 (b) that the division has made a supported finding of abuse, neglect, or dependency;
677 (c) that facts gathered by the division support the supported finding;
678 (d) that the person has the right to request:
679 (i) a copy of the report; and
680 (ii) an opportunity to challenge the supported finding by the division; and
681 (e) that failure to request an opportunity to challenge the supported finding within 30
682 days of receiving the notice will result in an unappealable supported finding of child abuse,
683 neglect, or dependency unless the person can show good cause for why compliance within the
684 30-day requirement was virtually impossible or unreasonably burdensome.
685 (4) (a) A person may make a request to challenge a supported finding within 30 days of
686 a notice being received under this section.
687 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
688 Hearings shall hold an adjudicative proceeding pursuant to Title 63, Chapter 46b,
689 Administrative Procedures Act.
690 (5) (a) In an adjudicative proceeding held pursuant to this section, the division shall
691 have the burden of proving, by a preponderance of the evidence, [
693 perpetrator was substantially responsible for the abuse or neglect that occurred.
694 (b) Any party shall have the right of judicial review of final agency action, in
695 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
696 (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after
697 receiving notice, fails to challenge a supported finding in accordance with this section, may not
698 further challenge the finding and shall have no right to agency review or to an adjudicative
699 hearing or judicial review of the finding.
700 (7) (a) An alleged perpetrator may not make a request under Subsection (4) to
701 challenge a supported finding if a court of competent jurisdiction entered a finding, in a
702 proceeding in which the alleged perpetrator was a party, that the alleged perpetrator is
703 substantially responsible for the abuse, neglect, or dependency which was also the subject of
704 the supported finding. This Subsection (7)(a) does not apply to pleas in abeyance or diversion
706 (b) An adjudicative proceeding under Subsection (5) may be stayed during the time a
707 judicial action on the same matter is pending.
708 (8) [
709 finding of [
710 severe child abuse or neglect [
711 with an adjudicative proceeding on a supported finding of [
713 Section 9. Section 62A-4a-116.6 is amended to read:
714 62A-4a-116.6. Notice and opportunity for court hearing for persons listed in
715 Licensing Information System.
716 (1) Persons whose names were listed on the Licensing Information System as of May
717 6, 2002 and who have not been the subject of a court determination with respect to the alleged
718 incident of abuse or neglect may at any time:
719 (a) request review by the division of their case and removal of their name from the
720 Licensing Information System pursuant to Subsection (3); or
721 (b) file a petition for an evidentiary hearing and a request for a finding of
722 unsubstantiated or without merit.
723 (2) Subsection (1) does not apply to an individual who has been the subject of any of
724 the following court determinations with respect to the alleged incident of abuse or neglect:
725 (a) conviction;
726 (b) adjudication under Title 78, Chapter 3a, Juvenile [
727 (c) plea of guilty;
728 (d) plea of guilty and mentally ill; or
729 (e) no contest.
730 (3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,
731 2002 requests removal of [
732 System, the division shall, within 30 days:
733 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
734 qualifies as severe [
735 abuse or neglect; and
736 (ii) if the alleged abuse or neglect does not qualify as severe child abuse or neglect,
737 remove the name of the alleged perpetrator from the Licensing Information System; or
738 (b) determine whether to file a petition for substantiation.
739 (4) If the division decides to file a petition, that petition must be filed no more than 14
740 days after the decision.
741 (5) The juvenile court shall act on the petition as provided in Subsection 78-3a-320 (3).
742 (6) If a person whose name appears on the Licensing Information System prior to May
743 6, 2002 files a petition pursuant to Section 78-3a-320 during the time that an alleged
744 perpetrator's application for clearance to work with children or vulnerable adults is pending, the
745 court shall hear the matter on an expedited basis.
746 Section 10. Section 62A-4a-117 is amended to read:
747 62A-4a-117. Performance monitoring system.
748 (1) As used in this section:
749 (a) "Performance goals" means a target level of performance or an expected level of
750 performance against which actual performance is compared.
751 (b) "Performance indicators" means actual performance information regarding a
752 program or activity.
753 (c) "Performance monitoring system" means a process to regularly collect and analyze
754 performance information including performance indicators and performance goals.
755 (2) On or before May 1, 1996, the director, in cooperation with the board, shall develop
756 a performance monitoring system of each area in the child welfare system, including foster care
757 and other substitute care, child protective services, and adoption.
758 (3) On or before June 1, 1996, the director shall submit a description of that monitoring
759 system to the Child Welfare Legislative Oversight Panel for review.
760 (4) The division shall fully implement a performance monitoring system on or before
761 October 1, 1996.
762 (5) Before January 1 each year the director shall submit a written report describing the
763 difference between actual performance and performance goals for the prior fiscal year to the
764 Child Welfare Legislative Oversight Panel, the Joint Health and Human Services
765 Appropriations Subcommittee, and the Utah Tomorrow Strategic Planning Committee. The
766 report shall include:
767 (a) a summary of the division's efforts during the prior fiscal year to implement the
768 Performance Milestone Plan;
769 (b) a summary of how performance must be improved to achieve full implementation
770 of the Performance Milestone Plan;
771 (c) data on the extent to which new and experienced division employees have received
772 training pursuant to statute and division policy; and
773 (d) an analysis of the use and efficacy of family preservation services, both before and
774 after removal of children from their homes[
782 Section 11. Section 62A-4a-201 is amended to read:
783 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
785 (1) [
786 welfare of a child to be raised under the care and supervision of [
787 A child's need for a normal family life in a permanent home, and for positive, nurturing family
788 relationships will usually best be met by [
789 (2) The integrity of the family unit, and the right of parents to conceive and raise their
790 children have found protection in the due process clause of the Fourteenth Amendment to the
791 United States Constitution. The right of a fit, competent parent to raise his child has long been
792 protected by the laws and Constitution of this state and of the United States.
793 (3) The state recognizes that:
794 (a) a parent has the right, obligation, responsibility, and authority to raise, manage,
795 train, educate, provide for, and discipline his child;
796 (b) the state's role is secondary and supportive to the primary role of a parent; and
797 (c) the reasonable exercise of a parent's right to discipline a child is not grounds to
798 subject a parent to punishment, restriction, or disqualification.
800 (i) a parent retains the fundamental right and duty to exercise primary control over the
801 care, supervision, upbringing, and education of [
803 parent's custody;
804 (ii) each child has the right to protection from abuse and neglect[
805 (iii) the state retains a compelling interest in investigating, prosecuting, and punishing
806 abuse and neglect, as defined in this chapter, and in Title 78, Chapter 3a, Juvenile Court Act of
807 1996. [
808 (b) As a counterweight to parental rights, the state[
809 in, and responsibility to protect [
814 his parents.
816 child, it shall take into account the child's need for protection from immediate harm.
817 Throughout [
818 available to protect a child, in an effort to ensure that children are brought up in stable,
819 permanent families, rather than in temporary foster placements, or other placements, under the
820 supervision of the state.
822 to the child's safety [
823 (i) the state's interest in the child's welfare is paramount to the rights of a parent[
825 (ii) the division may:
826 (A) obtain custody of the child for a planned period; and
827 (B) place [
828 Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
829 (b) Subject to Subsection (6)(c), the fact that a child's home is dirty or unkempt does
830 not constitute grounds for the division to intervene or to remove a child from the child's home,
831 unless the condition of the home poses a serious threat to a child's safety.
832 (c) Nothing in Subsection (6)(b) shall be interpreted to limit the division's:
833 (i) investigation responsibilities; or
834 (ii) ability to provide voluntary services to a family.
836 maintain a child in the child's home, pursuant to the provisions of Section 62A-4a-203 , and in
837 keeping with the presumptions described in Subsection (1), both the division's and the court's
838 paramount concern shall be the child's health[
841 (i) make "reasonable efforts" to maintain a child in the child's home; or [
842 (ii) in any other way, attempt to:
843 (A) maintain a child in [
844 (B) provide reunification services[
845 (C) attempt to rehabilitate the offending parent or parents. [
847 (b) Notwithstanding Subsection (8)(a), the division [
848 court-ordered services.
850 children who are:
851 (i) abused[
852 (ii) neglected[
853 (iii) dependent.
854 (b) If the use or continuation of "reasonable efforts[
855 home as described in Subsections [
856 with the permanency plan for a child, then measures shall be taken, in a timely manner[
857 (i) place the child in accordance with the permanency plan[
858 (ii) complete whatever steps are necessary to finalize the permanent placement of the
861 be unfit or incompetent based on the grounds for termination of parental rights described in
862 Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act, the welfare and best interest of
863 the child is of paramount importance, and shall govern in determining whether that parent's
864 rights should be terminated.
865 (10) The state's right to direct or intervene in the provision of medical or mental health
866 care for a child is subject to Subsection 78-3a-118 (2)(n).
867 Section 12. Section 62A-4a-202 is amended to read:
868 62A-4a-202. Preventive services -- Family preservation services.
869 (1) (a) Within appropriations from the Legislature and monies obtained under
870 Subsection (5), the division shall provide preventive, in-home services and family preservation
871 services for [
872 not immediately endangered, when:
873 (i) the child is at immediate risk of being removed from the home [
874 (ii) the family is in crisis[
877 (b) In determining whether preventive or family preservation services are reasonable
878 and appropriate, in keeping with the provisions of Subsection 62A-4a-201 (1) the child's health,
879 safety, and welfare shall be the paramount concern.
880 (c) The division shall consider whether [
882 (i) will be effective within a six-month period[
883 (ii) are likely to prevent [
884 (2) The division shall maintain a statewide inventory of early intervention, preventive,
885 and family preservation services available through public and private agencies or individuals
886 for use by caseworkers. The inventory shall include:
887 (a) the method of accessing each service;
888 (b) eligibility requirements for each service; [
889 (c) the geographic areas and the number of families that can be served by each
891 (d) information regarding waiting lists for each service.
892 (3) As a part of its preventive services, the division shall provide family preservation
893 services that:
894 (a) are short-term, intensive, crisis intervention programs[
895 (b) address:
907 (c) as practicable, are provided within the region that the family resides, using existing
908 division staff.
909 (4) (a) The division may use [
910 providers, or other persons to provide the family preservation services described in Subsection
912 (b) Family preservation caseworkers may:
913 (i) only be assigned a [
915 (ii) be available 24 hours for an intensive period of at least six weeks[
916 (iii) respond to an assigned family within 24 hours.
917 (c) The division shall allow family preservation caseworkers to be creative and flexible
918 in responding to the needs of each individual family.
919 (5) To provide, expand, and improve the delivery of in-home services to prevent the
920 removal of children from their homes and promote the preservation of families, the division
921 shall make substantial effort to obtain funding, including:
922 (a) federal grants;
923 (b) federal waivers; and
924 (c) private monies.
925 Section 13. Section 62A-4a-202.1 is amended to read:
926 62A-4a-202.1. Entering home of a minor -- Taking a minor into protective
927 custody -- Caseworker accompanied by peace officer -- Preventive services -- Shelter care
928 or emergency kinship.
929 (1) A state officer, peace officer, or child welfare worker may not enter the home of a
930 minor who is not under the jurisdiction of the court, remove a minor from the minor's home or
931 school, or take a minor into protective custody unless:
932 (a) the state officer, peace officer, or child welfare worker has obtained:
933 (i) the consent of the minor's parent or guardian; or
934 (ii) a court order issued under Section 78-3a-106 ; or
935 (b) there exist exigent circumstances.
936 (2) A child welfare worker within the division may take action under Subsection (1)
937 accompanied by a peace officer, or without a peace officer when a peace officer is not
938 reasonably available.
939 (3) (a) If possible, consistent with the minor's safety and welfare, before taking a minor
940 into protective custody, the worker shall also determine whether there are services [
941 available to the worker which, if provided to the minor's parent or to the minor, would
942 eliminate the need to remove the minor from the custody of the minor's parent or guardian.
943 (b) If [
944 available, they shall be utilized.
945 (c) In determining whether the services described in Subsection (3)(a) are reasonably
946 available, and in making all reasonable efforts to provide those services, the minor's health,
947 safety, and welfare shall be the worker's paramount concern.
948 (4) (a) A minor removed or taken into custody under this section may not be placed or
949 kept in a secure detention facility pending court proceedings unless the minor is detainable
950 based on guidelines promulgated by the Division of Juvenile Justice Services.
951 (b) A minor removed from the custody of the minor's parent or guardian but who does
952 not require physical restriction shall be given temporary care in:
953 (i) a shelter facility; or
954 (ii) an emergency kinship placement in accordance with Section 62A-4a-209 .
955 Section 14. Section 62A-4a-202.2 is amended to read:
956 62A-4a-202.2. Notice to parents upon removal of child -- Locating noncustodial
957 parent -- Written statement of procedural rights and preliminary proceedings.
958 (1) (a) Any peace officer or caseworker who takes a minor into protective custody
959 pursuant to Section 62A-4a-202.1 shall immediately use reasonable efforts to locate and
960 inform, through the most efficient means available, the parents, including a noncustodial
961 parent, the guardian, or responsible relative:
962 (i) that the minor has been taken into protective custody;
963 (ii) the reasons for removal and placement of the minor in protective custody;
964 (iii) that a written statement is available that explains:
965 (A) the parent's or guardian's procedural rights; and
966 (B) the preliminary stages of the investigation and shelter hearing; [
967 (iv) of a telephone number where the parent or guardian may access further
969 (v) that the minor and the minor's parent or guardian are entitled to have an attorney
970 present at the shelter hearing;
971 (vi) that if the minor's parent or guardian is indigent and desires to have an attorney,
972 one will be provided; and
973 (vii) that resources are available to assist the minor's parent or guardian in locating:
974 (A) a parent advocate;
975 (B) a qualified attorney; and
976 (C) potential expert witnesses to testify on behalf of the:
977 (I) minor;
978 (II) minor's parent;
979 (III) minor's guardian; or
980 (IV) minor's family.
981 (b) For purposes of locating and informing the noncustodial parent as required in
982 Subsection (1)(a), the division shall search for the noncustodial parent through the national
983 parent locator database if the division is unable to locate the noncustodial parent through other
984 reasonable efforts.
985 (2) (a) The [
986 and distribute a form for the written statement described in Subsection (1)(a)(iii).
987 (b) The statement described in Subsections (1)(a)(iii) and (2)(a) shall:
988 (i) be made available to the division and for distribution in:
989 (A) schools[
990 (B) health care facilities[
991 (C) local police and sheriff's offices[
992 (D) the division[
993 (E) any other appropriate office within the Department of Human Services[
995 (ii) be in simple language; and
996 (iii) include at least the following information:
998 (B) hearings that may be required[
999 (C) the means by which the parent or guardian may access further specific information
1000 about a minor's case and conditions of protective and temporary custody; and
1003 (3) If [
1004 caseworker to notify the parent or guardian or a responsible relative in accordance with the
1005 requirements of Subsection (1), failure to notify [
1006 (a) shall be considered to be due to circumstances beyond the control of the peace
1007 officer or caseworker; and
1008 (b) may not be construed to:
1009 (i) permit a new defense to any juvenile or judicial proceeding; or [
1010 (ii) interfere with any rights, procedures, or investigations provided for by this chapter
1011 or Title 78, Chapter 3a, Juvenile [
1012 Section 15. Section 62A-4a-202.6 is amended to read:
1013 62A-4a-202.6. Child protective services investigators within attorney general's
1014 office -- Authority.
1015 (1) (a) Pursuant to Section 67-5-16 the attorney general may employ, with the consent
1016 of the division, child protective services investigators to investigate reports of abuse or neglect
1017 of a child that occur while the child is in the custody of the division.
1018 (b) (i) Under the direction of the Board of Child and Family Services, the division
1019 shall, in accordance with Subsection 62A-4a-409 (5), contract with an independent child
1020 protective service investigator to investigate reports of abuse or neglect of a child that occur
1021 while the child is in the custody of the division.
1022 (ii) The executive director of the department shall designate an entity within the
1023 department, other than the division, to monitor the contract for the investigators described in
1024 Subsection (1)(b)(i).
1025 (2) The investigators described in Subsection (1) may also investigate allegations of
1026 abuse or neglect of a child by a department employee or a licensed substitute care provider.
1027 (3) The investigators described in Subsection (1), if not peace officers, shall have the
1028 same rights, duties, and authority of a child protective services investigator employed by the
1029 division to:
1030 (a) make a thorough investigation upon receiving either an oral or written report of
1031 alleged abuse or neglect of a child, with the primary purpose of that investigation being the
1032 protection of the child;
1033 (b) make an inquiry into the [
1034 (i) child's home environment[
1035 (ii) child's emotional[
1036 (iii) nature and extent of the child's injuries[
1037 (iv) child's physical safety;
1038 (c) (i) make a written report of [
1039 regarding whether the alleged abuse or neglect was:
1040 (A) substantiated[
1041 (B) unsubstantiated[
1042 (C) without merit[
1043 (ii) forward a copy of [
1044 division within the time mandates for investigations established by the division;
1045 (d) immediately consult with school authorities to verify the child's status in
1046 accordance with Sections 53A-11-101 through 53A-11-103 when a report is based upon or
1047 includes an allegation of educational neglect;
1048 (e) enter upon public or private premises, using appropriate legal processes, to
1049 investigate reports of alleged [
1050 (f) take a child into protective custody, and deliver the child to a law enforcement
1051 officer, or to the division.
1052 (4) Control and jurisdiction over the child described in Subsection (3)(f) shall be
1054 (a) by the provisions of Title 62A, Chapter 4a, Part 2, Child Welfare Services[
1055 (b) by the provisions of Title 78, Chapter 3a, Juvenile [
1057 (c) as otherwise provided by law.
1058 Section 16. Section 62A-4a-203 is amended to read:
1059 62A-4a-203. Removal of a child from home -- Reasonable efforts to maintain
1060 child in home -- Exception -- Reasonable efforts for reunification.
1061 (1) Because removal of a child from [
1062 protected, constitutional rights of the parent and has a dramatic, long-term impact on a child,
1063 the division shall:
1064 (a) when possible and appropriate, without danger to the child's [
1065 reasonable efforts to prevent or eliminate the need for removal of a child from [
1066 home prior to placement in substitute care;
1067 (b) determine whether there is substantial cause to believe that a child [
1068 in danger of abuse or neglect, in accordance with the guidelines described in Title 78, Chapter
1069 3a, Part 3, Abuse, Neglect, and Dependency Proceedings, prior to removing the child from
1071 (c) when it is possible and appropriate, and in accordance with the limitations and
1072 requirements of Sections 78-3a-311 and 78-3a-312 , make reasonable efforts to make it possible
1073 for a child in substitute care to return to [
1074 (2) (a) In determining the reasonableness of efforts needed to maintain a child in [
1075 the child's home or to return a child to [
1076 (1)(a) or (c), the child's [
1078 (b) The division shall consider whether [
1080 (2)(a) are likely to prevent [
1081 (3) When removal and placement in substitute care is necessary to protect a child, the
1082 "efforts" described in Subsections (1) and (2) [
1083 (a) are not reasonable or appropriate; and[
1084 (b) should not be utilized.
1085 (4) In cases where [
1086 injury, or serious neglect are involved, the state has no duty to make "reasonable efforts" [
1088 (a) maintain a child in the child's home;
1089 (b) provide reunification services; or
1090 (c) in any [
1091 (i) attempt to maintain a child in [
1092 (ii) provide reunification services[
1093 (iii) attempt to rehabilitate the offending parent or parents. [
1095 (5) Nothing in Subsection (4) exempts the division from providing court ordered
1097 Section 17. Section 62A-4a-205 is amended to read:
1098 62A-4a-205. Treatment plans.
1099 (1) No more than 45 days after a child enters the temporary custody of the division, the
1100 child's treatment plan shall be finalized.
1104 (2) In developing the treatment plan, the division shall use the approach that it
1105 determines best serves the needs of the child and family.
1106 (3) (a) The division shall involve all of the following in the development of a child's
1107 treatment plan:
1108 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
1109 (ii) the child;
1110 (iii) the child's foster parents; and
1111 (iv) where appropriate, the child's stepparent.
1112 (b) In relation to all information considered by the division in developing a treatment
1113 plan, additional weight and attention shall be given to the input of the child's natural and foster
1114 parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii)[
1115 preference to:
1116 (i) participate in a particular treatment program; or
1117 (ii) receive services from a particular medical or mental health professional.
1118 (4) (a) The division shall make a substantial effort to develop a treatment plan with
1119 which the child's parents agree.
1120 (b) If a parent does not agree with a treatment plan:
1121 (i) the division shall strive to resolve the disagreement between the division and the
1122 parent; and
1123 (ii) if the disagreement described in Subsection (4)(b)(i) is not resolved, the division
1124 shall inform the court of the disagreement.
1126 the guardian ad litem, and to the child's natural parents and foster parents immediately upon
1127 completion, or as soon as is reasonably possible thereafter.
1129 (a) specifically provide for the safety of the child, in accordance with federal law[
1131 (b) clearly define what actions or precautions will, or may be, necessary to provide for
1132 the health[
1134 (a) the reason the child entered [
1136 (b) documentation of the:
1137 (i) reasonable efforts made to prevent placement[
1138 (ii) emergency situation that [
1139 described in Subsection (7)(b)(i) from being made;
1143 of that goal;
1145 child's parents must do in order to enable the child to be returned home[
1146 how those requirements:
1147 (i) may be accomplished[
1148 (ii) will be measured;
1150 in the division's custody[
1151 (g) who will provide [
1154 address any known or diagnosed mental health needs of the child [
1160 (8) (a) Except as provided in Subsection (8)(b), parent-time may only be denied by
1161 court order issued pursuant to Subsections 78-3a-311 (2)(a)(ii) and (b).
1162 (b) Notwithstanding Subsection (8)(a), the person designated by the division or a court
1163 to supervise a parent-time session may deny parent-time for that session if the supervising
1164 person determines that, based on the parent's condition, it is necessary to deny parent-time in
1165 order to:
1166 (i) protect the physical safety of the child;
1167 (ii) protect the life of the child; or
1168 (iii) consistent with Subsection (8)(c), prevent the child from being traumatized by
1169 contact with the parent.
1170 (c) In determining whether the condition of the parent described in Subsection (8)(b)
1171 will traumatize a child, the person supervising a parent-time session shall consider the impact
1172 that the parent's condition will have on the child in light of:
1173 (i) the child's fear of the parent; and
1174 (ii) the nature of the alleged abuse or neglect.
1175 (9) (a) Subject to Subsection (9)(b), in addition to the information required under
1176 Subsection (7)(i), the plan shall include a specialized assessment of the medical and mental
1177 health needs of a child if the child:
1178 (i) is placed in residential treatment; and
1179 (ii) has medical or mental health issues that need to be addressed.
1180 (b) Notwithstanding Subsection (9)(a), a parent shall retain the right to seek a separate
1181 medical or mental health diagnosis of the parent's child from a licensed practitioner of the
1182 parent's choice.
1184 rather than general.
1185 (b) The division shall train its workers to develop treatment plans that comply with
1186 federal mandates and the specific needs of the particular child and the child's family.
1188 (c) A treatment plan and the plan's expectations shall be individualized and contain
1189 specific time frames.
1191 problems that keep [
1192 (i) in placement; and [
1193 (ii) from achieving permanence in [
1195 (e) For purposes of Subsection (10)(d), a treatment plan shall:
1196 (i) only include requirements that:
1197 (A) address findings or orders made by the court; or
1198 (B) (I) are requested or consented to by a parent or guardian of the child; and
1199 (II) are agreed to by the division and the guardian ad litem; and
1200 (ii) be designed to minimize disruption to the normal activities of the child's family,
1202 (A) employment; and
1203 (B) school. [
1204 (f) For purposes of Subsection (10)(e)(ii)(A), the time, place, [
1205 hearings, and other requirements ordered by the court shall be designed, as much as practicable,
1206 to help the child's parents maintain or obtain employment.
1208 stepparents, shall be kept informed of, and supported to participate in, important meetings and
1209 procedures related to the child's placement.
1211 to return the child home, the permanency plan for that child shall be adoption. However, if the
1212 division documents to the court that there is a compelling reason that adoption, reunification,
1213 guardianship, and kinship placement are not in the child's best interest, the court may order
1214 another planned permanent living arrangement in accordance with federal law.
1215 Section 18. Section 62A-4a-208 is amended to read:
1216 62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
1217 (1) As used in this section:
1218 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
1219 (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
1221 (2) (a) (i) There is created within the department the position of child protection
1223 (ii) The ombudsman described in Subsection (2)(a)(i) shall be appointed by and serve
1224 at the pleasure of the executive director.
1225 (b) The ombudsman shall be:
1226 (i) an individual of recognized executive and administrative capacity;
1227 (ii) selected solely with regard to qualifications and fitness to discharge the duties of
1228 ombudsman; and
1229 (iii) have experience in child welfare, and in state laws and policies governing abused,
1230 neglected, and dependent children.
1231 (c) The ombudsman shall devote full time to the duties of office.
1232 (3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
1233 complaint from any person, investigate whether an act or omission of the division with respect
1234 to a particular [
1235 (i) is contrary to statute, rule, or policy;
1236 (ii) places a [
1237 (iii) is made without an adequate statement of reason; or
1238 (iv) is based on irrelevant, immaterial, or erroneous grounds.
1239 (b) The ombudsman may decline to investigate any complaint. If the ombudsman
1240 declines to investigate a complaint or continue an investigation, the ombudsman shall notify
1241 the complainant and the division of the decision and of the reasons for that decision.
1242 (c) The ombudsman may conduct an investigation on his own initiative.
1243 (4) The ombudsman shall:
1244 (a) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1245 make rules that govern the following:
1246 (i) receiving and processing complaints;
1247 (ii) notifying complainants and the division regarding a decision to investigate or to
1248 decline to investigate a complaint;
1249 (iii) prioritizing workload;
1250 (iv) maximum time within which investigations shall be completed;
1251 (v) conducting investigations;
1252 (vi) notifying complainants and the division regarding the results of investigations; and
1253 (vii) making recommendations based on the findings and results of recommendations;
1254 (b) report findings and recommendations in writing to the complainant and the
1255 division, in accordance with the provisions of this section;
1256 (c) within appropriations from the Legislature, employ staff as may be necessary to
1257 carry out the ombudsman's duties under this part;
1258 (d) provide information regarding the role, duties, and functions of the ombudsman to
1259 public agencies, private entities, and individuals;
1260 (e) annually report to the:
1261 (i) Child Welfare Legislative Oversight Panel;
1262 (ii) governor;
1263 (iii) Board of Child and Family Services;
1264 (iv) executive director of the department; and
1265 (v) director of the division; and
1266 (f) as appropriate, make recommendations to the division regarding individual cases,
1267 and the rules, policies, and operations of the division.
1268 (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
1269 notify the complainant and the division of that decision.
1270 (b) (i) The ombudsman may advise a complainant to pursue all administrative remedies
1271 or channels of complaint before pursuing a complaint with the ombudsman.
1272 (ii) Subsequent to processing a complaint, the ombudsman may conduct further
1273 investigations upon the request of the complainant or upon the ombudsman's own initiative.
1274 (iii) Nothing in this Subsection (5) precludes a complainant from making a complaint
1275 directly to the ombudsman before pursuing an administrative remedy.
1276 (c) If the ombudsman finds that an individual's act or omission violates state or federal
1277 criminal law, the ombudsman shall immediately report that finding to the appropriate county or
1278 district attorney or to the attorney general.
1279 (d) The ombudsman shall immediately notify the division if the ombudsman finds that
1280 a child needs protective custody, as that term is defined in Section 78-3a-103 .
1281 (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
1282 Reporting Requirements.
1283 (6) (a) (i) All records of the ombudsman regarding individual cases shall be classified
1284 in accordance with federal law and the provisions of Title 63, Chapter 2, Government Records
1285 Access and Management Act.
1286 (ii) The ombudsman may make public a report prepared pursuant to this section in
1287 accordance with the provisions of Title 63, Chapter 2, Government Records Access and
1288 Management Act.
1289 (b) (i) The ombudsman shall have access to all of the department's written and
1290 electronic records and databases, including those regarding individual cases.
1291 (ii) In accordance with Title 63, Chapter 2, Government Records Access and
1292 Management Act, all documents and information received by the ombudsman shall maintain
1293 the same classification that was designated by the department.
1294 (7) (a) The ombudsman shall prepare a written report of the findings and
1295 recommendations, if any, of each investigation.
1296 (b) The ombudsman shall make recommendations to the division if the ombudsman
1297 finds that:
1298 (i) a matter should be further considered by the division;
1299 (ii) an administrative act should be addressed, modified, or canceled;
1300 (iii) action should be taken by the division with regard to one of its employees; or
1301 (iv) any other action should be taken by the division.
1302 Section 19. Section 62A-4a-209 is amended to read:
1303 62A-4a-209. Emergency kinship placement.
1304 (1) The division may use an emergency kinship placement under Subsection
1305 62A-4a-202.1 [
1306 (a) the case worker has made the determination that:
1307 (i) the child's home is unsafe;
1308 (ii) removal is necessary under [
1309 (iii) the child's custodial parent or guardian will agree to not remove the child from the
1310 relative's home who serves as the kinship placement and not have any contact with the child
1311 until after the shelter hearing required by Section 78-3a-306 ;
1312 (b) a relative, with preference being given to a noncustodial parent in accordance with
1313 Section 78-3a-307 , can be identified who has the ability and is willing to provide care for the
1314 child who would otherwise be placed in shelter care, including:
1315 (i) taking the child to medical, mental health, dental, and educational appointments at
1316 the request of the division; and
1317 (ii) the relative has the ability to make the child available to division services and the
1318 guardian ad litem; and
1319 (c) the relative agrees to care for the child on an emergency basis under the following
1321 (i) the relative meets the criteria for an emergency kinship placement under Subsection
1323 (ii) the relative agrees to not allow the custodial parent or guardian to have any contact
1324 with the child until after the shelter hearing unless authorized by the division in writing;
1325 (iii) the relative agrees to contact law enforcement and the division if the custodial
1326 parent or guardian attempts to make unauthorized contact with the child;
1327 (iv) the relative agrees to allow the division and the child's guardian ad litem to have
1328 access to the child;
1329 (v) the relative has been informed and understands that the division may continue to
1330 search for other possible kinship placements for long-term care, if needed;
1331 (vi) the relative is willing to assist the custodial parent or guardian in reunification
1332 efforts at the request of the division, and to follow all court orders; and
1333 (vii) the child is comfortable with the relative.
1334 (2) Before the division places a child in an emergency kinship placement, the division
1336 (a) request the name of a reference and when possible, contact the reference and
1337 determine the answer to the following questions:
1338 (i) would the person identified as a reference place a child in the home of the
1339 emergency kinship placement; and
1340 (ii) are there any other relatives to consider as a possible emergency or long-term
1341 placement for the child;
1342 (b) have the custodial parent or guardian sign an emergency kinship placement
1343 agreement form during the investigation;
1344 (c) complete a criminal background check described in Sections 62A-4a-202.4 and
1345 78-3a-307.1 on all persons living in the relative's household;
1346 (d) complete a home inspection of the relative's home; and
1347 (e) have the emergency kinship placement approved by a family service specialist.
1348 (3) As soon as possible after the emergency placement and prior to the shelter hearing
1349 required by Section 78-3a-306 , the division shall convene a family unity meeting.
1350 (4) After an emergency kinship placement, the division caseworker must:
1351 (a) respond to the emergency kinship placement's calls within one hour if the custodial
1352 parents or guardians attempt to make unauthorized contact with the child or attempt to remove
1353 the child;
1354 (b) complete all removal paperwork, including the notice provided to the custodial
1355 parents and guardians under Section 78-3a-306 ;
1356 (c) contact the attorney general to schedule a shelter hearing;
1357 (d) complete the kinship procedures required in Section 78-3a-307 , including, within
1358 five days after placement, the criminal history record check described in Subsection (5); and
1359 (e) continue to search for other relatives as a possible long-term placement, if needed.
1360 (5) (a) In order to determine the suitability of the kinship placement and to conduct a
1361 background screening and investigation of individuals living in the household in which a child
1362 is placed, each individual living in the household in which the child is placed who has not lived
1363 in the state substantially year round for the most recent five consecutive years ending on the
1364 date the investigation is commenced shall be fingerprinted. If no disqualifying record is
1365 identified at the state level, the fingerprints shall be forwarded by the division to the Federal
1366 Bureau of Investigation for a national criminal history record check.
1367 (b) The cost of those investigations shall be borne by whomever received placement of
1368 the child, except that the division may pay all or part of the cost of those investigations if the
1369 person with whom the child is placed is unable to pay.
1370 Section 20. Section 62A-4a-302 is amended to read:
1371 62A-4a-302. Definitions.
1372 As used in this part:
1373 (1) "Council" means the Child Abuse Advisory Council established under Section
1374 62A-4a-311 .
1375 (2) "Child abuse and neglect" [
1376 as defined in Section 62A-4a-402 .
1377 Section 21. Section 62A-4a-402 is amended to read:
1378 62A-4a-402. Definitions.
1379 As used in this part:
1380 (1) "A person responsible for a child's care" means the child's parent, guardian, or other
1381 person responsible for the child's care, whether in:
1382 (a) the same home as the child[
1383 (b) a relative's home[
1384 (c) a group, family, or center day care facility[
1385 (d) a foster care home[
1386 (e) a residential institution.
1399 (a) abuse, as defined in Section 62A-4a-101 ; or
1400 (b) neglect, as defined in Section 62A-4a-101 .
1402 perpetrator knows to be [
1403 (i) ancestor[
1404 (ii) descendant[
1405 (iii) brother[
1406 (iv) sister[
1407 (v) uncle[
1408 (vi) aunt[
1409 (vii) nephew[
1410 (viii) niece[
1411 (ix) first cousin.
1412 (b) The relationships referred to in [
1413 (i) blood relationships of the whole or half blood without regard to legitimacy[
1415 (ii) relationships of parent and child by adoption[
1416 (iii) relationships of stepparent and stepchild while the marriage creating the
1417 relationship of a stepparent and stepchild exists.
1419 (a) touching:
1420 (i) the anus of a child; or
1421 (ii) any part of the genitals of a child [
1422 (b) otherwise taking indecent liberties with a child[
1423 (c) causing a child to take indecent liberties with the perpetrator or another with the
1424 intent to arouse or gratify the sexual desire of any person.
1426 molestation directed towards a child.
1428 persuading, inducing, enticing or coercing [
1429 purpose of sexual arousal of any person or for profit, or to engage in any sexual or simulated
1430 sexual conduct for the purpose of photographing, filming, recording, or displaying in any way
1431 the sexual or simulated sexual conduct, and includes displaying, distributing, possessing for the
1432 purpose of distribution, or selling material depicting [
1433 sexual or simulated sexual conduct.
1436 (a) a child[
1437 (b) a parent[
1438 (c) a guardian[
1439 (d) any other person responsible for a child's care.
1440 Section 22. Section 62A-4a-403 is amended to read:
1441 62A-4a-403. Reporting requirements.
1442 (1) For purposes of this section:
1443 (a) "Child abuse or neglect" means:
1444 (i) "abuse" as defined in Section 62A-4a-101 ;
1445 (ii) "neglect" as defined in Section 62A-4a-101 ; and
1446 (iii) conduct that constitutes a violation of:
1447 (A) child abuse, as described in Section 76-5-109 ;
1448 (B) enticement of a minor, as described in Section 76-4-401 ;
1449 (C) child kidnapping, as described in Section 76-5-301.1 ;
1450 (D) unlawful detention, as described in Section 76-5-304 , if the victim is a person
1451 under the age of 18 at the time of the conduct; and
1452 (E) any of the offenses described in Title 76, Chapter 5, Part 4, Sexual Offenses, if the
1453 victim is a person under the age of 18 at the time of the conduct.
1454 (b) "Minister" means a person recognized by a bona fide religious organization as a:
1455 (i) minister;
1456 (ii) member of the clergy;
1457 (iii) priest; or
1458 (iv) similar religious official.
1459 (c) "Serious harm" means:
1460 (i) serious physical injury, as defined in Section 76-5-109 ; or
1461 (ii) mental cruelty, as defined in Section 76-5-109 .
1463 (5), a person, including persons licensed under Title 58, Chapter 67, Utah Medical Practice
1464 Act, or Title 58, Chapter 31b, Nurse Practice Act, shall immediately notify a peace officer, law
1465 enforcement agency, or office of the division when that person:
1466 (i) has reason to believe that a child has been subjected to [
1468 (ii) observes a child being subjected to conditions or circumstances which would
1469 reasonably result in [
1471 (b) On receipt of [
1472 law enforcement agency shall immediately notify the nearest office of the division.
1473 (c) If an initial report of child abuse or neglect is made to the division, the division
1474 shall immediately notify the appropriate local law enforcement agency.
1475 (d) The division shall, in addition to its own investigation, comply with and lend
1476 support to investigations by law enforcement undertaken pursuant to a report made under this
1480 regard to any confession made to [
1481 character in the course of discipline enjoined by the church to which [
1482 if the:
1483 (a) [
1484 perpetrator; and
1487 (b) minister is bound to maintain the confidentiality of that confession under:
1488 (i) canon law;
1489 (ii) church doctrine; or
1490 (iii) practice.
1492 abuse or neglect from any source other than confession of the perpetrator, [
1493 required to give notification on the basis of that information even though [
1494 have also received a report of child abuse or neglect from the confession of the perpetrator.
1495 (b) Exemption of notification requirements for a [
1496 not exempt a [
1497 further child abuse or neglect by the perpetrator.
1498 (5) In the case of potential neglect due to failure to provide adequate medical care, the
1499 notification described in Subsection (2) is not required if a parent or guardian of the child:
1500 (a) declines counsel or treatment for the child's condition:
1501 (i) in order to seek counsel or treatment for the child's condition from one or more
1502 other licensed practitioners, as defined in Section 78-3a-103 ; or
1503 (ii) because the treatment poses a substantial risk of serious harm to the child;
1504 (b) obtains counsel or treatment for the child's condition from a licensed practitioner,
1505 as defined in Section 78-3a-103 , other than the child's usual primary care doctor or specialist;
1506 (c) obtains reasonable nontraditional treatment for the child's condition; or
1507 (d) acts in a manner consistent with what a reasonable parent or guardian would do
1508 under similar circumstances.
1509 Section 23. Section 62A-4a-407 is amended to read:
1510 62A-4a-407. Protective custody.
1511 (1) A physician examining or treating a child may take the child into protective custody
1512 not to exceed [
1513 person responsible for the child's care or exercising temporary or permanent control over the
1514 child, when the physician has reason to believe that the child's life or safety will be in danger
1515 unless protective custody is exercised.
1516 (2) The person in charge of a hospital or similar medical facility may retain protective
1517 custody of a child suspected of being abused or neglected, when he reasonably believes the
1518 facts warrant that retention. This action may be taken regardless of whether additional medical
1519 treatment is required, and regardless of whether the person responsible for the child's care
1520 requests the child's return.
1521 (3) The division shall be immediately notified of protective custody exercised under
1522 this section. Protective custody under this section may not exceed [
1523 order of the district or juvenile court.
1524 (4) A person who takes a child into, or retains a child in, protective custody under this
1525 section, shall document the grounds upon which the child was taken into, or retained in,
1526 protective custody.
1527 (5) A parent or guardian of a child placed in protective custody under this section may
1528 not be charged for any services or medical treatment rendered to the child during the period of
1529 protective custody described in this section, unless:
1530 (a) the services or medical treatment are necessary to medically stabilize the child; or
1531 (b) a parent or guardian of the child consents to the services or medical treatment.
1532 Section 24. Section 62A-4a-409 is amended to read:
1533 62A-4a-409. Investigation by division -- Temporary protective custody --
1534 Preremoval interviews of children.
1535 (1) (a) The division shall make a thorough preremoval investigation upon receiving
1536 either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
1537 dependency, when there is reasonable [
1538 abuse, neglect, fetal alcohol syndrome, or fetal drug dependency exists.
1539 (b) The primary purpose of [
1540 be protection of the child.
1541 (2) The preremoval investigation described in Subsection (1)(a) shall include the same
1542 investigative requirements described in Section 62A-4a-202.3 .
1543 (3) The division shall make a written report of its investigation[
1544 that shall include a determination regarding whether the alleged abuse or neglect [
1545 (a) supported[
1546 (b) unsupported[
1547 (c) without merit.
1548 (4) [
1561 (5) In any case where the division supervises, governs, or directs the affairs of any
1562 individual, institution, or facility that [
1563 of child abuse or neglect, the investigation of the reported child abuse or neglect shall be
1564 conducted by an agency other than the division.
1565 (6) If a report of neglect is based upon or includes an allegation of educational neglect,
1566 the division shall immediately consult with school authorities to verify the child's status in
1567 accordance with Sections 53A-11-101 through 53A-11-103 .
1568 (7) When the division [
1569 part, it shall give notice of that completion to the person who made the initial report.
1570 (8) Division workers or other child protection team members have authority to enter
1571 upon public or private premises, using appropriate legal processes, to investigate reports of
1572 alleged child abuse or neglect, upon notice to parents of their rights under the Child Abuse
1573 Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
1574 (9) With regard to any interview of a child prior to removal of that child from the
1575 child's home:
1576 (a) except as provided in Subsection (9)(b) or (c), the division shall [
1577 parent of the child prior to the interview[
1578 (i) the specific allegations concerning the child; and
1579 (ii) the time and place of the interview;
1580 (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
1581 alleged perpetrator, the division [
1583 (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
1584 is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
1585 minutes, with the child prior to [
1587 (d) in all cases described in Subsection (9)(b) or (c), a parent of the child shall be
1588 notified as soon as practicable after the child has been interviewed, but in no case later than 24
1589 hours after the interview has taken place;
1590 (e) a child's parents shall be notified of the time and place of all subsequent interviews
1591 with the child; and
1592 (f) (i) the child shall be allowed to have a support person of the child's choice present;
1594 (ii) the person described in Subsection (9)(f)(i):
1595 (A) may include:
1596 (I) a school teacher;
1597 (II) an administrator;
1598 (III) a guidance counselor;
1599 (IV) a child care provider; [
1600 (V) a family member;
1601 (VI) a family advocate; or
1603 (B) may not be a person who is alleged to be, or potentially may be, the perpetrator.
1604 (10) In accordance with the procedures and requirements of Sections 62A-4a-202.1
1605 through 62A-4a-202.3 , a division worker or child protection team member may take a child
1606 into protective custody and deliver the child to a law enforcement officer, or place the child in
1607 an emergency shelter facility approved by the juvenile court, at the earliest opportunity
1608 subsequent to the child's removal from the child's original environment. Control and
1609 jurisdiction over the child is determined by the provisions of Title 78, Chapter 3a, Juvenile
1610 Court Act of 1996, and as otherwise provided by law.
1611 (11) With regard to cases in which law enforcement has or is conducting an
1612 investigation of alleged abuse or neglect of a child:
1613 (a) the division shall coordinate with law enforcement to ensure that there is an
1614 adequate safety plan to protect the child from further abuse or neglect; and
1615 (b) the division is not required to duplicate an aspect of the investigation that, in the
1616 division's determination, has been satisfactorily completed by law enforcement.
1617 Section 25. Section 62A-4a-414 is amended to read:
1618 62A-4a-414. Interviews of children -- Recording required.
1619 (1) (a) Interviews of children during an investigation in accordance with Section
1620 62A-4a-409 , and involving allegations of sexual abuse or serious physical [
1621 child, shall be conducted only under the following conditions:
1622 (i) the interview shall be recorded visually and aurally on film, videotape, or by other
1623 electronic means;
1624 (ii) both the interviewer and the child shall be simultaneously recorded and visible on
1625 the final product;
1626 (iii) the time and date of the interview shall be continuously and clearly visible to any
1627 subsequent viewer of the recording; and
1628 (iv) the recording equipment shall run continuously for the duration of the interview.
1629 (b) This Subsection (1) does not apply to initial or minimal interviews conducted in
1630 accordance with Subsection 62A-4a-409 (9)(b) or (c).
1631 (2) Interviews conducted in accordance with Subsection (1) shall be carried out in an
1632 existing Children's Justice Center or in a soft interview room, when available.
1633 (a) If the Children's Justice Center or a soft interview room is not available, the
1634 interviewer shall use the best setting available under the circumstances.
1635 (b) If the equipment required under Subsection (1) is not available, the interview shall
1636 be audiotaped, provided that the interviewer shall clearly state at the beginning of the tape:
1637 (i) the time, date, and place of the interview;
1638 (ii) the full name and age of the child being interviewed; and
1639 (iii) that the equipment required under Subsection (1) is not available and why.
1640 (3) All other investigative interviews shall be audiotaped using electronic means. At
1641 the beginning of the tape, the worker shall state clearly the time, date, and place of the meeting,
1642 and the full name and age of the child in attendance.
1643 Section 26. Section 63-55-262 is amended to read:
1644 63-55-262. Repeal dates, Title 62A.
1648 repealed July 1, 2006.
1649 Section 27. Section 76-5-109 is amended to read:
1650 76-5-109. Child abuse.
1651 (1) As used in this section:
1652 (a) "Child" means a [
1653 (b) "Child abuse" means any offense described in Subsection (2) or (3), or in Section
1654 76-5-109.1 .
1655 (c) "Mental cruelty" means conduct that causes a child to suffer:
1656 (i) mental anguish; or
1657 (ii) serious emotional injury.
1659 child [
1660 (A) results in actual harm to the physical condition or health of the child[
1662 (B) is not a serious physical injury.
1663 (ii) Subject to Subsection (1)(d)(i)(B), "physical injury" includes:
1670 (i) an injury or set of injuries [
1671 (A) seriously impairs the child's health[
1672 (B) constitutes or results from physical torture [
1675 (C) causes:
1676 (I) death;
1677 (II) disability;
1678 (III) serious illness;
1679 (IV) substantial impairment of a major bodily function;
1680 (V) permanent disfigurement; or
1681 (VI) protracted loss or impairment of the function of a:
1682 (Aa) body member;
1683 (Bb) limb; or
1684 (Cc) organ;
1685 (D) poses a substantial risk of death; or
1686 (E) that results in substantial physical harm, including:
1687 (I) fracture of a bone;
1689 any method, including:
1690 (Aa) blows[
1691 (Bb) shaking[
1692 (Cc) causing the child's head to impact with an object or surface;
1694 (Aa) hot water[
1695 (Bb) placing a hot object upon the skin or body of the child;
1697 76-1-601 ;
1699 same person[
1700 (Aa) at the same time; or [
1701 (Bb) within a three-year period; or
1703 (ii) mental cruelty;
1705 severe developmental delay [
1710 resuscitation is successful following the conduct; or
1712 malnutrition that jeopardizes [
1713 (2) [
1714 serious physical injury or, having the care or custody of such child, causes or permits another to
1715 inflict serious physical injury upon a child is guilty of an offense as follows:
1716 (a) if done intentionally or knowingly, the offense is a felony of the second degree;
1717 (b) if done recklessly, the offense is a felony of the third degree; or
1718 (c) if done with criminal negligence, the offense is a class A misdemeanor.
1719 (3) [
1720 physical injury or, having the care or custody of such child, causes or permits another to inflict
1721 physical injury upon a child is guilty of an offense as follows:
1722 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
1723 (b) if done recklessly, the offense is a class B misdemeanor; or
1724 (c) if done with criminal negligence, the offense is a class C misdemeanor.
1725 (4) A parent or legal guardian who provides a child with treatment by spiritual means
1726 alone through prayer, in lieu of medical or mental health treatment, in accordance with the
1727 tenets and practices of an established church or religious denomination of which the parent or
1728 legal guardian is a member or adherent [
1729 considered to have committed an offense under this section.
1730 (5) A parent or guardian is not guilty of an offense under this section for refusing
1731 traditional medical or mental health treatment on behalf of the parent's or guardian's child in
1732 order to seek reasonable nontraditional treatment.
1733 (6) A person is not guilty of an offense under this section for conduct that constitutes:
1734 (a) discipline or management of a child, including:
1735 (i) withholding privileges from a child; or
1736 (ii) other discipline that does not result in:
1737 (A) physical injury; or
1738 (B) serious physical injury;
1739 (b) accidental conduct;
1740 (c) conduct described in Subsection 53A-11-802 (2);
1741 (d) conduct described in Section 76-2-401 ; or
1742 (e) the use of reasonable and necessary physical restraint or force on a child:
1743 (i) in self-defense;
1744 (ii) in defense of others;
1745 (iii) to protect the child; or
1746 (iv) to remove a weapon in the possession of a child for any of the reasons described in
1747 Subsections (6)(e)(i) through (iii).
1748 Section 28. Section 76-5-110 is amended to read:
1749 76-5-110. Abuse or neglect of disabled child.
1750 (1) As used in this section:
1751 (a) "Abuse" means:
1752 (i) inflicting physical injury, as that term is defined in Section 76-5-109 ;
1753 (ii) having the care or custody of a disabled child, causing or permitting another to
1754 inflict physical injury, as that term is defined in Section 76-5-109 ; or
1755 (iii) unreasonable confinement.
1756 (b) "Caretaker" means:
1757 (i) [
1758 disabled child; or
1759 (ii) [
1760 court order the responsibility to provide food, shelter, clothing, medical or mental health, and
1761 other necessities to a disabled child.
1762 (c) "Disabled child" means any person under 18 years of age who is impaired because
1763 of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent
1764 that [
1765 (i) care for [
1766 (ii) provide necessities such as food, shelter, clothing, and medical care.
1767 (d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter,
1768 supervision, or medical care.
1769 (2) Any caretaker who abuses or neglects a disabled child is guilty of a third degree
1771 (3) (a) A parent or legal guardian who provides a child with treatment by spiritual
1772 means alone through prayer, in lieu of medical or mental health treatment, in accordance with
1773 the tenets and practices of an established church or religious denomination of which the parent
1774 or legal guardian is a member or adherent [
1775 to be in violation under this section.
1776 (b) [
1779 provided to the child where there is an actual and substantial risk of harm to the child's health
1780 or [
1781 Section 29. Section 78-3a-103 is amended to read:
1782 78-3a-103. Definitions.
1783 (1) As used in this chapter:
1788 (a) "Abuse" is as defined in Section 62A-4a-101 .
1789 (b) "Abused child" means a person under the age of 18 who has suffered abuse as
1790 defined in Section 62A-4a-101 .
1792 facts alleged in the petition have been proved.
1794 or over under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121
1795 shall be referred to as minors.
1798 (i) a private agency licensed to receive minors for placement or adoption under this
1799 code; or
1800 (ii) a private agency receiving minors for placement or adoption in another state, which
1801 agency is licensed or approved where such license or approval is required by law.
1805 through no fault of [
1807 parent or the parents or a previous legal custodian to another person, agency, or institution.
1809 62A-7-101 for the temporary care of minors who require secure custody in physically
1810 restricting facilities:
1811 (i) pending court disposition or transfer to another jurisdiction; or
1812 (ii) while under the continuing jurisdiction of the court.
1815 informing the court that a minor is or appears to be within the court's jurisdiction and that a
1816 petition may be filed.
1818 one or more persons in the group, depending upon the recommendation of the therapist.
1820 (i) marriage[
1821 (ii) enlistment in the armed forces[
1822 (iii) major medical[
1823 (iv) major surgical, or psychiatric treatment;
1824 (v) mental health treatment[
1825 (vi) legal custody, if legal custody is not vested in another person, agency, or
1828 (i) receives:
1829 (A) more than two truancy citations within one school year from the school in which
1830 the minor is or should be enrolled; and
1831 (B) eight absences without a legitimate or valid excuse; or [
1832 (ii) in defiance of efforts on the part of school authorities as required under Section
1833 53A-11-103 , refuses to regularly attend:
1834 (A) school; or
1835 (B) any scheduled period of the school day.
1838 (i) the right to physical custody of the minor;
1839 (ii) the right and duty to protect, train, and discipline the minor;
1840 (iii) the duty to provide the minor with:
1841 (A) food[
1842 (B) clothing[
1843 (C) shelter[
1844 (D) education[
1845 (E) ordinary medical care;
1846 (iv) the right to determine where and with whom the minor shall live; and
1847 (v) the right, in an emergency, to authorize surgery or other extraordinary care.
1848 (r) "Licensed practitioner" means a person who is:
1849 (i) a health care provider, as defined in Section 78-14-3 ; and
1850 (ii) licensed under the law of any state, district, or territory of the United States.
1851 (s) "Mental cruelty" is as defined in Section 76-5-109 .
1853 (ii) "Minor" includes the term "child" as used in other parts of this chapter.
1855 (ii) "Natural parent" includes the minor's noncustodial parent.
1856 (v) "Neglect" is as defined in Section 62A-4a-101 .
1858 Section 62A-4a-101 .
1879 officer without judicial determination upon the consent in writing of the:
1880 (i) minor[
1881 (ii) parent, legal guardian or custodian[
1882 (iii) assigned probation officer.
1883 (y) "Physical injury" is as defined in Section 76-5-109 .
1885 adjudication on the ground of a violation of law or under Section 78-3a-104 , whereby the
1886 minor is permitted to remain in [
1887 supervision by the probation department or other agency designated by the court, subject to
1888 return to the court for violation of any of the conditions prescribed.
1890 an adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted
1891 to remain in [
1892 neglect, or dependency is provided by the probation department or other agency designated by
1893 the court.
1895 remaining with the parent after legal custody or guardianship, or both, [
1896 another person or agency, including:
1897 (A) the responsibility for support[
1898 (B) the right to:
1899 (I) consent to adoption[
1900 (II) determine the child's religious affiliation[
1901 (III) reasonable parent-time unless restricted by the court.
1902 (ii) If no guardian has been appointed, "residual parental rights and duties" also include
1903 the right to consent to:
1904 (A) marriage[
1905 (B) enlistment[
1906 (C) major medical[
1907 (D) major surgical[
1908 (E) mental health treatment.
1910 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
1911 youth offenders committed to the division for custody and rehabilitation.
1912 (dd) "Serious neglect" is as defined in Section 62A-4a-101 .
1913 (ee) "Serious physical injury" is as defined in Section 76-5-109 .
1914 (ff) "Severe child abuse or neglect" is as defined in Section 62A-4a-101 .
1915 (gg) "Sexual abuse" is as defined in Section 62A-4a-402 .
1916 (hh) "Sexual exploitation of a child" is as defined in Section 62A-4a-402 .
1918 facilities pending court disposition or transfer to another jurisdiction.
1920 level of intervention than standard probation but is less intensive or restrictive than a
1921 community placement with the Division of Juvenile Justice Services.
1923 62A-4a-101 .
1926 parental rights and duties, including residual parental rights and duties, by court order.
1928 (i) a person employed by a [
1929 the United States for the purpose of conducting psychological treatment and counseling of a
1930 minor in its custody[
1931 (ii) any other person licensed or approved by [
1932 United States for the purpose of conducting psychological treatment and counseling.
1934 62A-4a-101 .
1936 62A-4a-101 .
1937 (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
1939 (a) "Custody" means the custody of a minor in the [
1941 (b) "Protective custody" means the shelter of a minor by the [
1943 hearing, or the minor's return home, whichever occurs earlier.
1944 (c) "Temporary custody" means the custody of a minor in the [
1946 Section 30. Section 78-3a-106 is amended to read:
1947 78-3a-106. Search warrants and subpoenas -- Authority to issue.
1948 (1) For purposes of this section:
1949 (a) "Child" means a person under the age of 18.
1950 (b) "Custody" means:
1951 (i) custody;
1952 (ii) care; and
1953 (iii) control.
1954 (c) "Officer" means a:
1955 (i) child welfare worker;
1956 (ii) peace officer; or
1957 (iii) state officer.
1960 (a) in:
1961 (i) criminal cases[
1962 (ii) delinquency[
1963 (iii) abuse, neglect, and dependency proceedings; and
1964 (b) for the same purposes, in the same manner and pursuant to the same procedures set
1965 forth in the code of criminal procedure for the issuance of search warrants[
1969 into protective custody if it appears to the court [
1973 (i) there is an immediate threat to the safety of a child; [
1974 (ii) there is a substantial risk that the child will suffer abuse or neglect if the child is not
1975 taken into protective custody; and
1978 (A) the efforts, if any, [
1979 guardian; and
1980 (B) the reasons supporting the claim that notice and an opportunity to be heard should
1981 not be required.
1982 (b) The court's decision on whether to issue a warrant under Subsection (3)(a), shall be
1983 based on:
1984 (i) (A) a verified petition;
1985 (B) recorded sworn testimony; or
1986 (C) a sworn affidavit; and
1987 (ii) if required by the judge, the examination of other witnesses.
1989 the effect of depriving a parent or guardian of the [
1990 of the parent's or guardian's child, may not be issued without notice to the [
1991 parents and an opportunity to be heard unless the requirements of [
1994 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the
1997 take the child to the place of shelter designated by the court.
1998 (4) A warrant based solely on grounds of medical neglect may not be issued under
1999 Subsection (2):
2000 (a) if the sole basis for the warrant is that a parent or guardian of a child:
2001 (i) declines medical counsel or treatment on behalf of the child to seek the medical
2002 counsel or treatment of other licensed practitioners;
2003 (ii) obtains medical counsel or treatment from a licensed practitioner other than the
2004 child's primary licensed practitioner;
2005 (iii) declines treatment on behalf of the child when the treatment poses a substantial
2006 risk of serious harm to the child's immediate or future physical or mental health;
2007 (iv) obtains reasonable nontraditional treatment; or
2008 (v) acts in a manner consistent with what a reasonable parent or guardian would do
2009 under the circumstances; and
2010 (b) unless not practicable, until the court examines the parent's or guardian's response,
2011 whether oral or written, to the allegation of medical neglect.
2013 the person who has custody of the minor, when the order is sought.
2014 Section 31. Section 78-3a-109 is amended to read:
2015 78-3a-109. Title of petition and other court documents -- Form and contents of
2016 petition -- Order for temporary custody -- Physical or psychological examination of
2017 minor, parent, or guardian -- Dismissal of petition.
2018 (1) The petition and all subsequent court documents in the proceeding shall be entitled:
2019 "State of Utah, in the interest of...................., a person under 18 years of age (or a
2020 person under 21 years of age)."
2021 (2) The petition shall be verified and statements in the petition may be made upon
2022 information and belief.
2023 (3) The petition shall be written in simple and brief language and include the facts
2024 which bring the minor within the jurisdiction of the court, as provided in Section 78-3a-104 .
2025 (4) The petition shall further state:
2026 (a) the name, age, and residence of the minor;
2027 (b) the names and residences of the minor's parents;
2028 (c) the name and residence of the guardian, if there is one;
2029 (d) the name and address of the nearest known relative, if no parent or guardian is
2030 known; and
2031 (e) the name and residence of the person having physical custody of the minor. If any
2032 of the facts required are not known by the petitioner, the petition shall so state.
2033 (5) At any time after a petition is filed, the court may make an order:
2034 (a) providing for temporary custody of the minor[
2035 (b) that the Division of Child and Family Services provide protective services to the
2036 child, if the court determines that:
2037 (i) the child is at risk of being removed from the child's home due to abuse or neglect;
2039 (ii) the provision of protective services will make the removal described in Subsection
2040 (5)(b)(i) unnecessary.
2041 (6) The court may order that a minor concerning whom a petition has been filed shall
2042 be examined by a physician, surgeon, psychiatrist, or psychologist and may place the minor in a
2043 hospital or other facility for examination. After notice and a hearing set for the specific
2044 purpose, the court may order a similar examination of a parent or guardian whose ability to care
2045 for a minor is at issue, if the court finds from the evidence presented at the hearing that the
2046 parent's or guardian's physical, mental, or emotional condition may be a factor in causing the
2047 neglect, dependency, or delinquency of the minor.
2048 (7) Pursuant to Rule 506(d)(3), Utah Rules of Evidence, examinations conducted
2049 pursuant to Subsection (6) are not privileged communications, but are exempt from the general
2050 rule of privilege.
2051 (8) The court may dismiss a petition at any stage of the proceedings.
2052 (9) If the petition is filed under Section 78-3a-305 or 78-3a-405 or if the matter is
2053 referred to the court under Subsection 78-3a-105 [
2054 (a) the court may require the parties to participate in mediation in accordance with Title
2055 78, Chapter 31b, Alternative Dispute Resolution Act; and
2056 (b) the Division of Child and Family Services or a party to the petition may request and
2057 the court may order the parties to participate in a family unity conference under the authority of
2058 the Division of Child and Family Services in accordance with Subsection (10).
2059 (10) (a) A family unity conference may be ordered by the court for any of the following
2061 (i) discussing and reviewing the case history;
2062 (ii) designing a service plan for the child and family, including concurrent planning;
2063 (iii) discussing a visitation schedule and rules for visitation;
2064 (iv) identifying possible kinship placements under the requirements of Subsection
2065 78-3a-307 (5), and designing services to support the kinship placement;
2066 (v) conflict resolution between the family and Division of Child and Family Services
2068 (vi) discussing child custody issues; or
2069 (vii) crisis clinical intervention to reduce trauma to the child and family.
2070 (b) [
2071 (i) only be attended by individuals [
2072 of Child and Family Services[
2073 (ii) subject to Subsection (10)(b)(i), include extended family members, friends, clergy,
2074 service providers, and others who may support the family in keeping the child safe.
2075 (c) A family unity conference may not be held in the following circumstances:
2076 (i) when there is a criminal charge pending in the case;
2077 (ii) to resolve petition disputes; and
2078 (iii) when a family unity conference may pose a threat to the safety of a child or other
2079 family member.
2080 (d) With regard to a family unity conference ordered by a court under Subsection
2082 (i) the requirements of Subsection 78-31b-7 (3)(b) apply except all parties to the
2084 (A) shall be given no less than five days notice of any recommendation made to the
2085 court from the family unity conference; and
2086 (B) shall be given an opportunity to be heard by the court; and
2087 (ii) the confidentiality requirements of Section 78-31b-8 apply, except that admissions
2088 by a party to the allegations on the petition are admissible at any proceeding.
2089 (e) A family unity conference may only be held if:
2090 (i) ordered by the court; or
2091 (ii) agreed upon by a parent or guardian of the minor concerning whom a petition
2092 described in this section has been filed.
2093 Section 32. Section 78-3a-110 is amended to read:
2094 78-3a-110. Summons -- Service and process -- Issuance and contents -- Notice to
2095 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
2096 process for attendance of witnesses when authorized.
2097 (1) (a) After a petition is filed, the court shall promptly issue a summons, unless the
2098 judge directs that a further investigation is needed. [
2099 (b) A summons is not required as to any person who appears voluntarily or who files a
2100 written waiver of service with the clerk of the court at or prior to the hearing.
2101 (2) The summons shall contain:
2102 (a) the name of the court;
2103 (b) the title of the proceedings; and
2104 (c) except for a published summons, a brief statement of the substance of the
2105 allegations in the petition.
2106 (3) A published summons shall state:
2107 (a) that a proceeding concerning the minor is pending in the court; and
2108 (b) an adjudication will be made.
2109 (4) (a) The summons shall require the person or persons who have physical custody of
2110 the minor to appear personally and bring the minor before the court at a time and place stated.
2111 (b) If the person or persons summoned under Subsection (4)(a) are not the parent,
2112 parents, or guardian of the minor, the summons shall also be issued to the parent, parents, or
2113 guardian, as the case may be, notifying them of the pendency of the case and of the time and
2114 place set for the hearing.
2115 (5) Summons may be issued requiring the appearance of any other person whose
2116 presence the court finds necessary.
2117 (6) If it appears to the court that the welfare of the minor or of the public requires that
2118 the minor be taken into custody, the court may by endorsement upon the summons direct that
2119 the person serving the summons take the minor into custody at once.
2120 (7) [
2121 more reputable physicians, the court may order emergency medical or surgical treatment that is
2122 immediately necessary for a minor concerning whom a petition has been filed pending the
2123 service of summons upon [
2124 (8) (a) A parent or guardian is entitled to the issuance of compulsory process for the
2125 attendance of witnesses on [
2126 (i) the parent's or guardian's own behalf; or [
2127 (ii) behalf of the minor.
2128 (b) A guardian ad litem or a probation officer is entitled to compulsory process for the
2129 attendance of witnesses on behalf of the minor.
2130 (9) Service of summons and process and proof of service shall be made in the manner
2131 provided in the Utah Rules of Civil Procedure.
2132 (10) Service of summons or process shall be made:
2133 (a) by the sheriff, or a deputy sheriff, of the county where the service is to be made[
2135 (b) upon request of the court [
2136 (i) any other peace officer[
2137 (ii) another suitable person selected by the court.
2138 (11) (a) Service of summons in the state shall be made personally, by delivering a copy
2139 to the person summoned[
2140 (b) If the parents of a minor [
2141 abode [
2143 (12) If [
2144 that personal service of the summons will be unsuccessful, or will not accomplish notification
2145 within a reasonable time after issuance of the summons, [
2146 registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
2147 last-known address of the person to be served in the state. Service shall be complete upon
2148 return to the court of the signed receipt.
2149 (13) (a) If the parents, parent, or guardian required to be summoned under Subsection
2150 (4) cannot be found within the state, the fact of their minor's presence within the state shall
2151 confer jurisdiction on the court in proceedings in minor's cases under this chapter as to any
2152 absent parent or guardian, provided that due notice has been given [
2153 as provided in Subsection (13)(b).
2155 sending [
2156 receipt to be signed by the addressee only, or by personal service outside the state, as provided
2157 in the Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return
2158 to the court of the signed receipt.
2160 cannot after diligent inquiry be ascertained, due notice is given by publishing a summons in a
2161 newspaper having general circulation in the county in which the proceeding is pending. The
2162 summons shall be published once a week for four successive weeks. Service shall be complete
2163 on the day of the last publication.
2164 (c) Service of summons as provided in this Subsection (13) shall vest the court with
2165 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
2166 the person served was served personally within the state.
2167 (14) (a) In the case of service in the state, service completed not less than 48 hours
2168 before the time set in the summons for the appearance of the person served, shall be sufficient
2169 to confer jurisdiction.
2170 (b) In the case of service outside the state, service completed not less than five days
2171 before the time set in the summons for appearance of the person served, shall be sufficient to
2172 confer jurisdiction.
2173 (15) Computation of periods of time under this chapter shall be made in accordance
2174 with the Utah Rules of Civil Procedure.
2175 Section 33. Section 78-3a-118 is amended to read:
2176 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
2177 Enumeration of possible court orders -- Considerations of court -- Obtaining DNA
2179 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the
2180 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
2181 jurisdiction over the minor. However, in cases within the provisions of Subsection
2182 78-3a-104 (1), findings of fact are not necessary.
2183 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
2184 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
2185 to the school superintendent of the district in which the minor resides or attends school. Notice
2186 shall be made to the district superintendent within three days of the adjudication and shall
2188 (i) the specific offenses for which the minor was adjudicated; and
2189 (ii) if available, [
2190 (A) resides in the same school district as the minor; or
2191 (B) attends the same school as the minor.
2192 (2) Upon adjudication the court may make the following dispositions by court order:
2193 (a) (i) The court may place the minor on probation or under protective supervision in
2194 the minor's own home and upon conditions determined by the court, including compensatory
2195 service as provided in Section 78-11-20.7 .
2196 (ii) The court may place the minor in state supervision with the probation department
2197 of the court, under the legal custody of:
2198 (A) [
2199 (B) the Division of Juvenile Justice Services; or
2200 (C) the Division of Child and Family Services.
2201 (iii) If the court orders probation or state supervision, the court shall direct that notice
2202 of its order be provided to designated persons in the local law enforcement agency and the
2203 school or transferee school, if applicable, which the minor attends. The designated persons
2204 may receive the information for purposes of the minor's supervision and student safety.
2205 (iv) Any employee of the local law enforcement agency and the school which the
2206 minor attends who discloses the court's order of probation is not:
2207 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2208 provided in Section 63-30d-202; and
2209 (B) civilly or criminally liable except when the disclosure constitutes a knowing
2210 violation of Section 63-2-801 .
2211 (b) The court may place the minor in the legal custody of a relative or other suitable
2212 person, with or without probation or protective supervision, but the juvenile court may not
2213 assume the function of developing foster home services.
2214 (c) (i) The court may:
2215 (A) vest legal custody of the minor in the Division of Child and Family Services,
2216 Division of Juvenile Justice Services, or the Division of Substance Abuse and Mental Health;
2218 (B) order the Department of Human Services to provide dispositional
2219 recommendations and services.
2220 (ii) For minors who may qualify for services from two or more divisions within the
2221 Department of Human Services, the court may vest legal custody with the department.
2222 (iii) (A) Minors who are committed to the custody of the Division of Child and Family
2223 Services on grounds other than abuse or neglect are subject to the provisions of Title 78,
2224 Chapter 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title
2225 62A, Chapter 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
2226 (B) Prior to the court entering an order to place a minor in the custody of the Division
2227 of Child and Family Services on grounds other than abuse or neglect, the court shall provide
2228 the division with notice of the hearing no later than five days before the time specified for the
2229 hearing so the division may attend the hearing.
2230 (C) Prior to committing a minor to the custody of the Division of Child and Family
2231 Services, the court shall make a finding as to what reasonable efforts have been attempted to
2232 prevent the minor's removal from [
2233 (d) (i) The court may commit the minor to the Division of Juvenile Justice Services for
2234 secure confinement.
2235 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
2236 or dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of
2237 Juvenile Justice Services.
2238 (e) The court may commit the minor, subject to the court retaining continuing
2239 jurisdiction over [
2240 Services for observation and evaluation for a period not to exceed 45 days, which period may
2241 be extended up to 15 days at the request of the director of the Division of Juvenile Justice
2243 (f) (i) The court may commit the minor to a place of detention or an alternative to
2244 detention for a period not to exceed 30 days subject to the court retaining continuing
2245 jurisdiction over the minor. This commitment may be stayed or suspended upon conditions
2246 ordered by the court.
2247 (ii) This Subsection (2)(f) applies only to those minors adjudicated for:
2248 (A) an act which if committed by an adult would be a criminal offense; or
2249 (B) contempt of court under Section 78-3a-901 .
2250 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
2251 the Division of Child and Family Services or any other appropriate person in accordance with
2252 the requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
2253 Dependency Proceedings.
2254 (h) (i) The court may place the minor on a ranch or forestry camp, or similar facility for
2255 care and also for work, if possible, if the person, agency, or association operating the facility
2256 has been approved or has otherwise complied with all applicable state and local laws.
2257 (ii) A minor placed in a forestry camp or similar facility may be required to work on
2258 fire prevention, forestation and reforestation, recreational works, forest roads, and on other
2259 works on or off the grounds of the facility and may be paid wages, subject to the approval of
2260 and under conditions set by the court.
2261 (i) (i) The court may order the minor to repair, replace, or otherwise make restitution
2262 for damage or loss caused by the minor's wrongful act, including costs of treatment as stated in
2263 Section 78-3a-318 and impose fines in limited amounts.
2264 (ii) The court may also require the minor to reimburse an individual, entity, or
2265 governmental agency who offered and paid a reward to a person or persons for providing
2266 information resulting in a court adjudication that the minor is within the jurisdiction of the
2267 juvenile court due to the commission of a criminal offense.
2268 (iii) If a minor has been returned to this state under the Interstate Compact on
2269 Juveniles, the court may order the minor to make restitution for costs expended by any
2270 governmental entity for the return.
2271 (j) The court may issue orders necessary for the collection of restitution and fines
2272 ordered by the court, including garnishments, wage withholdings, and executions.
2273 (k) (i) The court may through its probation department encourage the development of
2274 employment or work programs:
2275 (A) to enable [
2276 Subsection (2)(i); and
2277 (B) for other purposes considered desirable by the court.
2278 (ii) Consistent with the order of the court, the probation officer may permit the minor
2279 found to be within the jurisdiction of the court to participate in a program of work restitution or
2280 compensatory service in lieu of paying part or all of the fine imposed by the court.
2281 (l) (i) [
2282 jurisdiction, the court may, in addition to any other disposition authorized by this section:
2283 (A) restrain the minor from driving for periods of time the court considers necessary;
2285 (B) take possession of the minor's driver license.
2286 (ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
2287 suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
2288 Section 78-3a-506 .
2289 (m) (i) When a minor is found within the jurisdiction of the juvenile court under
2290 Section 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug
2291 Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
2292 shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
2293 minimum of 20 hours, but no more than 100 hours, of compensatory service. Satisfactory
2294 completion of an approved substance abuse prevention or treatment program may be credited
2295 by the court as compensatory service hours.
2296 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
2297 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court
2298 may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
2299 that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
2300 service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
2301 approved substance abuse prevention or treatment program may be credited by the court as
2302 compensatory service hours.
2303 (n) (i) [
2304 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
2306 (B) receive other special care.
2307 (ii) For [
2308 Subsection (2)(n)(i), the court may place the minor in a hospital or other suitable facility.
2309 (iii) A court may not enter an order under this Subsection (2)(n) or any other provision
2310 of law unless the examination, treatment, or care described in Subsection (2)(n)(i):
2311 (A) is ordered with the consent of a parent or guardian of the minor;
2312 (B) does not pose a significant risk of producing serious side effects including:
2313 (I) death;
2314 (II) blindness;
2315 (III) suppression of growth;
2316 (IV) behavioral disturbances, including:
2317 (Aa) suicidal ideation; or
2318 (Bb) homicidal ideation;
2319 (V) thought disorders;
2320 (VI) tardive dyskenisia;
2321 (VII) brain function impairment; or
2322 (VIII) emotional or physical harm resulting from the compulsory nature of the
2323 examination, treatment, or care; or
2324 (C) is shown, by clear and convincing evidence, to be necessary to avoid an immediate
2325 serious threat to the minor's:
2326 (I) life; or
2327 (II) essential physiological functions.
2328 (o) (i) The court may appoint:
2329 (A) a guardian for the minor if [
2330 the minor[
2331 (B) as guardian a public or private institution or agency in which legal custody of the
2332 minor is vested.
2333 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
2334 private agency or institution, the court shall:
2335 (A) give primary consideration to the welfare of the minor[
2337 (B) take into consideration the religious preferences of the minor and [
2339 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
2340 conditions to be complied with by [
2341 (A) a parent or guardian of the minor;
2342 (B) the minor[
2343 (C) the minor's custodian[
2344 (D) any other person who has been made a party to the proceedings. [
2345 (ii) The conditions described in Subsection (2)(p)(i) may include:
2346 (A) parent-time [
2347 (B) restrictions on the minor's associates;
2348 (C) restrictions on the minor's occupation and other activities; and
2349 (D) requirements to be observed by [
2351 counseling program may be credited by the court for detention, confinement, or probation time.
2352 (q) The court may order the minor to be committed to the physical custody of a local
2353 mental health authority, in accordance with the procedures and requirements of Title 62A,
2354 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2355 Mental Health.
2356 (r) (i) The court may make an order committing a minor within [
2357 jurisdiction to the Utah State Developmental Center if the minor has mental retardation in
2358 accordance with the provisions of Title 62A, Chapter 5, Part 3, Admission to Mental
2359 Retardation Facility.
2360 (ii) The court shall follow the procedure applicable in the district courts with respect to
2361 judicial commitments to the Utah State Developmental Center when ordering a commitment
2362 under Subsection (2)(r)(i).
2363 (s) The court may terminate all parental rights upon a finding of compliance with the
2364 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
2365 (t) The court may make any other reasonable orders for the best interest of the minor or
2366 as required for the protection of the public, except that a person younger than 18 years of age
2367 may not be committed to jail or prison.
2368 (u) The court may combine the dispositions listed in this section if they are compatible.
2369 (v) (i) Before depriving any parent of custody, the court shall give due consideration to
2370 the rights of [
2371 (ii) The court may transfer custody of a minor to another person, agency, or institution
2372 in accordance with the requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse,
2373 Neglect, and Dependency Proceedings.
2374 (w) (i) Except as provided in Subsection (2)(y)(i), an order under this section for
2375 probation or placement of a minor with an individual or an agency shall include a date certain
2376 for a review of the case by the court.
2377 (ii) A new case review date shall be set [
2379 (x) In reviewing foster home placements, special attention shall be given to making
2380 adoptable minors available for adoption without delay.
2381 (y) (i) The juvenile court may enter an order of permanent custody and guardianship
2382 with a relative or individual of a minor where the court [
2383 as a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
2384 order for child support on behalf of the minor child against the natural or adoptive parents of
2385 the child.
2386 (ii) Orders under Subsection (2)(y)(i):
2387 (A) shall remain in effect until the minor reaches majority;
2388 (B) are not subject to review under Section 78-3a-119 ; and
2389 (C) may be modified by petition or motion as provided in Section 78-3a-903 .
2390 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
2391 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
2392 of the juvenile court.
2393 (3) In addition to the dispositions described in Subsection (2), when a minor comes
2394 within the court's jurisdiction [
2395 National Guard in lieu of other sanctions, provided:
2396 (a) the minor meets the current entrance qualifications for service in the National
2397 Guard as determined by a recruiter, whose determination is final;
2398 (b) the minor is not under the jurisdiction of the court for any act that:
2399 (i) would be a felony if committed by an adult;
2400 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
2401 (iii) was committed with a weapon; and
2402 (c) the court retains jurisdiction over the minor under conditions set by the court and
2403 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
2404 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
2405 of the court as described in Subsection 53-10-403 (3).
2406 (b) The specimen described in Subsection (4)(a) shall be:
2407 (i) obtained by designated employees of the court; or[
2408 (ii) if the minor is in the legal custody of the Division of Juvenile Justice Services,
2411 (i) employees designated to collect the saliva DNA specimens receive appropriate
2412 training; and [
2413 (ii) the specimens are obtained in accordance with accepted protocol.
2415 DNA Specimen Restricted Account created in Section 53-10-407 .
2417 ordered to make for restitution under this section and treatment under Section 78-3a-318 .
2418 Section 34. Section 78-3a-301 is amended to read:
2419 78-3a-301. Court-ordered protective custody of a minor following petition filing
2420 -- Grounds.
2421 (1) After a petition has been filed under Subsection 78-3a-305 (1), if the minor who is
2422 the subject of the petition is not in the protective custody of the division, a court may order that
2423 the minor be removed from the minor's home or otherwise taken into protective custody if the
2424 court finds, by a preponderance of the evidence, that any one or more of the following
2425 circumstances exist:
2426 (a) there is [
2427 minor's physical health or safety may not be protected without removing the minor from the
2428 custody of the minor's parent or guardian;
2429 (b) a parent or guardian engages in [
2431 reasonable means available by which the minor's emotional health may be protected without
2432 removing the minor from the custody of the minor's parent or guardian;
2433 (c) the minor or another minor residing in the same household has been physically or
2434 sexually abused, or is considered to be at substantial risk of being physically or sexually
2435 abused, by a:
2436 (i) parent [
2437 (ii) guardian[
2438 (iii) member of the parent's or guardian's household[
2439 (iv) person known to the parent or guardian;
2440 (d) the parent or guardian is unwilling to have physical custody of the minor;
2441 (e) the minor has been abandoned or left without any provision for the minor's support;
2442 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
2443 or cannot arrange for safe and appropriate care for the minor;
2444 (g) (i) a relative or other adult custodian with whom the minor [
2445 parent or guardian is unwilling or unable to provide care or support for the minor[
2446 (ii) the whereabouts of the parent or guardian are unknown[
2447 (iii) reasonable efforts to locate the parent or guardian [
2448 (h) the minor is in immediate need of medical care;
2449 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
2450 environment that poses a substantial threat to the minor's health or safety; or
2451 (ii) a parent's or guardian's action in leaving a minor unattended would reasonably pose
2452 a substantial threat to the minor's health or safety;
2453 (j) subject to Subsection (2)(c), the minor or another minor residing in the same
2454 household [
2455 (k) an infant [
2456 (l) (i) the parent or guardian, or an adult residing in the same household as the parent or
2457 guardian, [
2458 Lab Act[
2459 (ii) any clandestine laboratory operation, as defined in Section 58-37d-3 , was located in
2460 the residence or on the property where the minor resided; or
2461 (m) the minor's welfare is otherwise endangered.
2462 (2) (a) For purposes of Subsection (1)(a), if a minor has previously been adjudicated as
2463 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
2464 has occurred involving the same substantiated abuser or under similar circumstance as the
2465 previous abuse, that fact [
2466 remain in the custody of the minor's parent.
2467 (b) For purposes of Subsection (1)(c):
2468 (i) another minor residing in the same household may not be removed from the home
2469 unless that minor is considered to be at substantial risk of being physically or sexually abused
2470 as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
2471 (ii) if a parent or guardian has received actual notice that physical or sexual abuse by a
2472 person known to the parent has occurred, and there is evidence that the parent or guardian
2473 failed to protect the minor, after having received the notice, by allowing the minor to be in the
2474 physical presence of the alleged abuser, that fact constitutes prima facie evidence that the
2475 minor is at substantial risk of being physically or sexually abused.
2476 (c) For purposes of Subsection (1)(j), a minor residing in the same household as a
2477 neglected minor may not be removed unless there is a substantial risk that the minor will also
2478 be neglected.
2479 (3) In the absence of one of the factors described in Subsection (1), a court may not
2480 remove a minor from the parent's or guardian's custody on the basis of:
2481 (a) educational neglect;
2482 (b) mental illness or poverty of the parent or guardian; or
2483 (c) disability of the parent or guardian, as defined in Subsection [
2484 (4) A minor removed from the custody of the minor's parent or guardian under this
2485 section may not be placed or kept in a secure detention facility pending further court
2486 proceedings unless the minor is detainable based on guidelines promulgated by the Division of
2487 Juvenile Justice Services.
2488 (5) This section does not preclude removal of a minor from the minor's home without a
2489 warrant or court order under Section 62A-4a-202.1 .
2490 Section 35. Section 78-3a-306 is amended to read:
2491 78-3a-306. Shelter hearing.
2492 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
2493 after any one or all of the following occur:
2494 (a) removal of the child from [
2496 (b) placement of the child in the protective custody of the [
2498 (c) emergency kinship placement under Subsection 62A-4a-202.1 (4); or
2499 (d) as an alternative to removal of the child, a parent [
2500 violence shelter at the request of the [
2501 (2) Upon the occurrence of any of the circumstances described in Subsections (1)(a)
2502 through (1)(d), the division shall issue a notice that contains all of the following:
2503 (a) the name and address of the person to whom the notice is directed;
2504 (b) the date, time, and place of the shelter hearing;
2505 (c) the name of the [
2506 (d) a concise statement regarding:
2507 (i) the reasons for removal or other action of the division under Subsection (1); and
2508 (ii) the allegations and code sections under which the proceeding has been instituted;
2509 (e) a statement that the parent or guardian to whom notice is given, and the [
2510 child, are entitled to have an attorney present at the shelter hearing, and that if the parent or
2511 guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
2512 one will be provided; and
2513 (f) a statement that the parent or guardian is liable for the cost of support of the [
2514 child in the protective custody, temporary custody, and custody of the division, and the cost for
2515 legal counsel appointed for the parent or guardian under Subsection (2)(e), according to [
2516 the financial ability of the parent or guardian.
2517 (3) [
2518 soon as possible, but no later than one business day after removal of a child from [
2519 child's home, on:
2520 (a) the appropriate guardian ad litem; and
2521 (b) both parents and any guardian of the [
2522 (4) The following persons shall be present at the shelter hearing:
2523 (a) the child, unless it would be detrimental for the child;
2524 (b) the child's parents or guardian, unless they cannot be located, or fail to appear in
2525 response to the notice;
2526 (c) counsel for the parents, if one [
2527 (d) the child's guardian ad litem;
2528 (e) the caseworker from the [
2530 (f) the attorney from the attorney general's office who is representing the division.
2531 (5) (a) At the shelter hearing, the court:
2532 (i) shall provide an opportunity [
2533 (A) the [
2534 (B) any [
2536 (ii) may also provide an opportunity for the [
2537 (b) The court:
2538 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
2540 (ii) shall hear relevant evidence presented by the [
2541 guardian, the requesting party, or their counsel[
2542 (iii) may in its discretion limit testimony and evidence to only that which goes to the
2543 issues of removal and the child's need for continued protection.
2544 (6) If the child is in the protective custody of the division, the division shall report to
2545 the court:
2546 (a) the [
2547 guardian's custody;
2548 (b) any services provided to the child and [
2550 (c) the need, if any, for continued shelter;
2551 (d) the available services that could facilitate the return of the [
2552 custody of [
2553 (e) whether the child has any relatives who may be able and willing to take temporary
2555 (7) The court shall consider all relevant evidence provided by persons or entities
2556 authorized to present relevant evidence pursuant to this section.
2557 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
2558 cause shown, the court may grant no more than one [
2559 five judicial days.
2560 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
2561 a continuance under Subsection (8)(a).
2562 (9) (a) If the child is in the protective custody of the division, the court shall order that
2563 the minor be released from the protective custody of the division unless it finds, by a
2564 preponderance of the evidence, that any one of the following exist:
2566 health or safety of the [
2567 be protected without removing [
2574 child's emotional health may be protected without removing the [
2575 of [
2576 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
2577 not removed from the custody of the child's parents or caretaker;
2579 residing in the same household [
2580 be at substantial risk of being physically or sexually abused, by a:
2581 (A) parent[
2582 (B) member of the parent's or caretaker's household[
2583 (C) person known to the parent[
2592 arrange for safe and appropriate care for the [
2594 is left by the parent is unwilling or unable to provide care or support for the [
2595 (B) the whereabouts of the parent are unknown[
2596 (C) reasonable efforts to locate [
2599 reasonable period of time poses a threat to the child's health or safety;
2602 is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act, and any
2603 clandestine laboratory operation, as defined in Section 58-37d-3 , was located in the residence
2604 or on the property where the child resided; or
2606 (b) (i) For purposes of Subsection (9)(a)(i), evidence that a child cannot safely remain
2607 in the custody of a parent or caretaker of the child is established if:
2608 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
2609 involving the parent or caretaker; and
2610 (B) a subsequent incident of abuse, neglect, or dependency involving the parent or
2611 caretaker occurs.
2612 (ii) For purposes of Subsection (9)(a)(iv), there is a substantial risk that a child will be
2613 physically or sexually abused if the court finds, by a preponderance of the evidence, that the
2614 parent or caretaker:
2615 (A) received actual notice that abuse by a person known to the parent or caretaker
2616 occurred; and
2617 (B) after receiving the notice described in Subsection (9)(b)(ii)(A), allowed the child to
2618 be in the physical presence of the abuser.
2619 (10) (a) The court shall also make a determination on the record as to whether:
2620 (i) reasonable efforts were made to prevent or eliminate the need for removal of the
2622 (ii) there are available services that would prevent the need for continued removal.
2623 (b) If the court finds that the [
2624 the child's parent or guardian through the provision of [
2625 described in Subsection (10)(a)(ii), the court shall:
2626 (i) place the [
2627 (ii) order that those services be provided by the division.
2629 (c) In complying with this Subsection (10), the child's health[
2631 (11) Where the division's first contact with the family occurred during an emergency
2632 situation in which the child could not safely remain at home, the court shall make a finding that
2633 any lack of preplacement preventive efforts was appropriate.
2634 (12) In cases where actual sexual abuse [
2636 make "reasonable efforts" or to, in any other way, attempt to:
2637 (a) maintain a child in [
2638 (b) return a child to [
2639 (c) provide reunification services[
2640 (d) attempt to rehabilitate [
2641 (13) The court may not order continued removal of a [
2642 of educational neglect as described in Subsection [
2643 (14) (a) Whenever a court orders continued removal of a [
2644 section, it shall state the facts on which that decision is based.
2645 (b) If no continued removal is ordered and the [
2646 shall state the facts on which that decision is based.
2647 (15) If the court finds that continued removal and temporary custody are necessary for
2648 the protection of a child because harm may result to the child if [
2649 home, [
2650 (a) any error in the initial removal of the child[
2651 (b) the failure of a party to comply with:
2652 (i) notice provisions[
2653 (ii) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
2654 and Family Services.
2655 Section 36. Section 78-3a-311 is amended to read:
2656 78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
2657 (1) The court may:
2658 (a) make any of the dispositions described in Section 78-3a-118 [
2659 (b) place the child in the custody or guardianship of any:
2660 (i) individual; or
2661 (ii) public or private entity or agency[
2662 (c) order:
2663 (i) protective supervision[
2664 (ii) family preservation[
2665 (iii) subject to Subsection 78-3a-118 (2)(n)(iii), medical or mental health treatment[
2667 (iv) other services.
2668 (2) (a) (i) Whenever the court orders continued removal at the dispositional hearing,
2669 and that the minor remain in the custody of the [
2670 division, the court shall first:
2671 (A) establish a primary permanency goal for the minor; and
2672 (B) determine whether, in view of the primary permanency goal, reunification services
2673 are appropriate for the child and the child's family, pursuant to Subsection (3).
2674 (ii) [
2675 services are appropriate for the child and the child's family, the court shall provide for
2676 reasonable parent-time with the parent or parents from whose custody the child was removed,
2677 unless parent-time is not in the best interest of the child.
2678 (iii) In cases where obvious sexual abuse, abandonment, [
2679 injury, or serious neglect are involved, neither the division nor the court has any duty to make
2680 "reasonable efforts" or to, in any other way, attempt to provide reunification services[
2682 (iv) In all cases, the child's health, safety, and welfare shall be the court's paramount
2683 concern in determining whether reasonable efforts to reunify should be made.
2684 (b) (i) For purposes of Subsection (2)(a)(ii), parent-time is in the best interests of a
2685 child unless the court makes a finding that it is necessary to deny parent-time in order to:
2686 (A) protect the physical safety of the child;
2687 (B) protect the life of the child; or
2688 (C) prevent the child from being traumatized by contact with the parent due to the
2689 child's fear of the parent in light of the nature of the alleged abuse or neglect.
2690 (ii) Notwithstanding Subsection (2)(a)(ii), a court may not deny parent-time based
2691 solely on a parent's failure to:
2692 (A) prove that the parent has not used legal or illegal substances; or
2693 (B) comply with an aspect of the treatment plan that is ordered by the court.
2695 concurrent permanency goal[
2696 (A) a representative list of the conditions under which the primary permanency goal
2697 will be abandoned in favor of the concurrent permanency goal; and
2698 (B) an explanation of the effect of abandoning or modifying the primary permanency
2700 (ii) A permanency hearing shall be conducted in accordance with Subsection
2701 78-3a-312 (1)(b) within 30 days if something other than reunification is initially established as a
2702 child's primary permanency goal.
2703 (iii) (A) The court may amend a child's primary permanency goal before the
2704 establishment of a final permanency plan under Section 78-3a-312 .
2705 (B) The court is not limited to the terms of the concurrent permanency goal in the event
2706 that the primary permanency goal is abandoned.
2707 (C) If, at anytime, the court determines that reunification is no longer a child's primary
2708 permanency goal, the court shall conduct a permanency hearing in accordance with Section
2709 78-3a-312 within the earlier of:
2710 (I) 30 days of the court's determination; or
2711 (II) 12 months from the original removal of the child.
2713 order that the division make reasonable efforts to provide services to the child and the child's
2714 parent for the purpose of facilitating reunification of the family, for a specified period of time.
2715 In providing those services, the child's health, safety, and welfare shall be the division's
2716 paramount concern, and the court shall so order.
2717 (ii) The court shall:
2718 (A) determine whether the services offered or provided by the division under the
2719 treatment plan constitute "reasonable efforts" on the part of the division[
2720 (B) determine and define the responsibilities of the parent under the treatment plan in
2721 accordance with Section 62A-4a-205 [
2723 (C) identify on the record the responsibilities described in Subsection (2)(d)(ii)(B), for
2724 the purpose of assisting in any future determination regarding the provision of reasonable
2725 efforts, in accordance with state and federal law.
2726 (iii) (A) The time period for reunification services may not exceed 12 months from the
2727 date that the child was initially removed from the child's home.
2728 (B) Nothing in this section may be construed to entitle any parent to an entire 12
2729 months of reunification services.
2730 (iv) If reunification services [
2731 services at any time.
2732 (v) If, at any time, continuation of reasonable efforts to reunify a child is determined to
2733 be inconsistent with the final permanency plan for the child established pursuant to Subsection
2734 78-3a-312 , then measures shall be taken, in a timely manner, to:
2735 (A) place the child in accordance with the permanency plan[
2736 (B) complete whatever steps are necessary to finalize the permanent placement of the
2739 described in Subsection (2)[
2741 shall be conducted by the court in accordance with Section 78-3a-312 at the expiration of the
2742 time period for reunification services.
2743 (ii) The permanency hearing described in Subsection (2)(f)(i) shall be held no later than
2744 12 months after the original removal of the child.
2746 hearing shall be conducted within 30 days, in accordance with Section 78-3a-312 .
2748 is initially removed from the home, the court shall:
2749 (i) hold a permanency hearing [
2750 pursuant to Section 78-3a-312 ; and
2751 (ii) order the discontinuance of those services after [
2752 removal of the child from the home if the parent or parents have not made substantial efforts to
2753 comply with the treatment plan.
2756 a period of six months since the date that reunification services were ordered[
2757 (i) the court shall terminate reunification services[
2758 (ii) the division shall petition the court for termination of parental rights.
2759 (3) (a) Because of the state's interest in and responsibility to protect and provide
2760 permanency for children who are abused, neglected, or dependent, the Legislature finds that a
2761 parent's interest in receiving reunification services is limited.
2762 (b) The court may determine that:
2763 (i) efforts to reunify a child with the child's family are not reasonable or appropriate,
2764 based on the individual circumstances[
2765 (ii) reunification services should not be provided.
2766 (c) In determining "reasonable efforts" to be made with respect to a child, and in
2767 making "reasonable efforts," the child's health, safety, and welfare shall be the paramount
2770 a parent if the court finds, by clear and convincing evidence, that any of the following
2771 circumstances exist:
2773 indicating that a reasonably diligent search has failed to locate the parent;
2775 such magnitude that it renders [
2780 due to physical or sexual abuse, [
2781 (I) was removed from the custody of [
2782 (II) subsequently returned to the custody of [
2783 (III) is being removed due to additional physical or sexual abuse;
2785 (I) caused the death of another child through abuse or neglect; or [
2786 (II) committed, aided, abetted, attempted, conspired, or solicited to commit:
2787 (Aa) murder or manslaughter of a child; or
2788 (Bb) child abuse homicide;
2790 by any person known by the parent, if the parent knew [
2791 the person was abusing or neglecting the [
2793 child abuse or neglect by the parent, and the court finds that it would not benefit the child to
2794 pursue reunification services with the offending parent;
2797 previous occasions and reunification services were offered or provided to the family at those
2798 times; or
2803 (ii) The finding under Subsection (3)(d)(i)(B) shall be based on competent evidence
2804 from at least two medical or mental health professionals, who are not associates, establishing
2805 that, even with the provision of services, the parent is not likely to be capable of adequately
2806 caring for the child within 12 months of the court's finding.
2807 (4) In determining whether reunification services are appropriate, the court shall take
2808 into consideration:
2809 (a) failure of the parent to [
2810 comply with [
2811 (b) the fact that the child was abused while the parent was under the influence of drugs
2812 or alcohol[
2813 (c) any history of violent behavior[
2815 (d) whether a parent continues to live with an individual who abused the child[
2816 (e) any patterns of the parent's behavior that have exposed the child to repeated abuse[
2820 reunification with the child[
2821 (5) (a) If reunification services are not ordered pursuant to Subsection (3)(a), and the
2822 whereabouts of a parent become known within six months of the out-of-home placement of the
2824 (b) The time limits described in Subsection (2)[
2825 parent's absence.
2826 (6) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
2827 services unless it determines that those services would be seriously detrimental to the [
2828 health or safety of the child. [
2829 (b) In making the determination described in Subsection (6)(a), the court shall
2831 (i) the age of the child[
2832 (ii) the degree of parent-child bonding[
2833 (iii) the length of the sentence[
2834 (iv) the nature of the treatment[
2835 (v) the nature of the crime or mental illness[
2836 (vi) the degree of detriment to the [
2837 offered [
2838 (vii) for [
2839 the implementation of family reunification services[
2840 (viii) any other appropriate factors.
2841 (c) In making the determination described in Subsection (6)(a), the court shall give
2842 particular weight to the consideration described in Subsection (6)(b)(vii).
2843 (d) Reunification services for an incarcerated parent are subject to the 12-month
2844 limitation imposed in Subsection (2).
2845 (e) Reunification services for an institutionalized parent are subject to the 12-month
2846 limitation imposed in Subsection (2), unless the court determines that continued reunification
2847 services would be in the child's best interest.
2848 (7) If, pursuant to Subsection (3)(b)[
2849 court does not order reunification services, a permanency hearing shall be conducted within 30
2850 days, in accordance with Section 78-3a-312 .
2851 Section 37. Section 78-3a-320 is amended to read:
2852 78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
2853 (1) Upon the filing with the court of a petition under Section 78-3a-305 by the
2855 among other things, that the division [
2857 or neglect [
2858 (a) make a finding of substantiated, unsubstantiated, or without merit;
2859 (b) include the finding described in Subsection (1)(a) in a written order; and
2860 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
2861 (2) The judicial finding under Subsection (1) shall be made:
2862 (a) as part of or at the conclusion of the adjudication hearing; or
2863 (b) as part of a court order entered pursuant to a written stipulation of the parties.
2864 (3) (a) Any person described in Subsection 62A-4a-116.6 (1) may at any time file with
2865 the court a petition for removal of the person's name from the Licensing Information System.
2866 (b) At the conclusion of the hearing on the petition described in Subsection (3)(a), the
2867 court shall:
2872 (4) A proceeding for adjudication under this section of a supported finding of a
2874 abuse or neglect may be joined in the juvenile court with an adjudication of [
2875 child abuse or neglect.
2876 (5) If a person whose name appears on the Licensing Information System [
2877 before May 6, 2002 files a petition during the time that an alleged perpetrator's application for
2878 clearance to work with children or vulnerable adults is pending, the court shall hear the matter
2879 and enter a final decision no later than 60 days after the filing of the petition.
2880 (6) For the purposes of licensing under Sections 26-21-9.5 , 26-39-105.5 , 62A-1-118 ,
2881 and 62A-2-121 :
2882 (a) the court shall make available records of its findings under Subsections (1) and (2)
2883 for licensing purposes, only to those with statutory authority to access also the Licensing
2884 Information System created under Section 62A-4a-116.2 ; and
2885 (b) any appellate court shall make available court records of appeals from juvenile
2886 court decisions under Subsections (1), (2), (3), and (4) for licensing purposes, only to those
2887 with statutory authority to access also the Licensing Information System.
2888 Section 38. Section 78-3a-402 is amended to read:
2889 78-3a-402. Judicial process for termination -- Parent unfit or incompetent -- Best
2890 interest of child.
2891 (1) This part provides a judicial process for voluntary and involuntary severance of the
2892 parent-child relationship, designed to safeguard the rights and interests of all parties concerned
2893 and promote their welfare and that of the state.
2894 (2) Wherever possible family life should be strengthened and preserved, but if a parent
2895 is found, by reason of [
2896 upon any of the grounds for termination described in this part, the court shall then consider the
2897 welfare and best interest of the child of paramount importance in determining whether
2898 termination of parental rights shall be ordered.
2899 Section 39. Section 78-3a-406 is amended to read:
2900 78-3a-406. Notice -- Nature of proceedings.
2901 (1) After a petition for termination of parental rights [
2902 fact and of the time and place of the hearing shall be provided, in accordance with the Utah
2903 Rules of Civil Procedure, to:
2904 (a) the parents[
2905 (b) the guardian[
2906 (c) the person or agency having legal custody of the child[
2907 (d) any person acting in loco parentis to the child.
2908 (2) (a) A hearing shall be held specifically on the question of termination of parental
2909 rights no sooner than ten days after service of summons is complete.
2910 (b) A verbatim record of the proceedings of the hearing described in Subsection (2)(a)
2911 shall be taken and the parties shall be advised of their right to counsel.
2912 (c) The summons described in Subsection (2)(a) shall contain a statement to the effect
2913 that the rights of the parent or parents are proposed to be permanently terminated in the
2914 proceedings. [
2915 (d) The statement described in Subsection (2)(c) may be contained in:
2916 (i) the summons originally issued in the proceeding; or [
2917 (ii) a separate summons subsequently issued.
2918 (3) (a) The proceedings in this section are civil in nature and are governed by the Utah
2919 Rules of Civil Procedure.
2920 (b) The court shall in all cases:
2921 (i) require the petitioner to establish the facts by clear and convincing evidence[
2923 (ii) give full and careful consideration to all of the evidence presented with regard to
2924 the constitutional rights and claims of the parent [
2925 (c) If a parent is found, by reason of [
2926 or incompetent based upon any of the grounds for termination described in this part, the court
2927 shall then consider the welfare and best interest of the child of paramount importance in
2928 determining whether termination of parental rights shall be ordered.
2929 Section 40. Section 78-3a-407 is amended to read:
2930 78-3a-407. Grounds for termination of parental rights -- Findings regarding
2931 reasonable efforts.
2932 (1) The court may terminate all parental rights with respect to a parent if it finds [
2933 one or more of the following:
2934 (a) [