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S.B. 15 Enrolled

                 

CHILDREN'S JUSTICE CENTER

                 
AMENDMENTS

                 
2005 GENERAL SESSION

                 
STATE OF UTAH

                 
Chief Sponsor: D. Chris Buttars

                 
House Sponsor: Peggy Wallace

                 
                  LONG TITLE
                  General Description:
                      This bill broadens the scope of children to be served by Children's Justice Centers.
                  Highlighted Provisions:
                      This bill:
                      .    increases the number of children to be served by Children's Justice Centers
                  throughout the state by expanding the scope to include crimes involving children
                  when the child is a primary victim or a critical witness, such as in drug-related child
                  endangerment cases.
                  Monies Appropriated in this Bill:
                      None
                  Other Special Clauses:
                      This bill takes effect on July 1, 2005.
                  Utah Code Sections Affected:
                  AMENDS:
                      67-5b-101, as last amended by Chapter 171, Laws of Utah 2003
                      67-5b-102, as last amended by Chapter 376, Laws of Utah 2001
                      67-5b-106, as last amended by Chapter 377, Laws of Utah 1997
                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 67-5b-101 is amended to read:
                       67-5b-101. Definitions.


                      As used in this part:
                      (1) "Abused child" means a child 17 years of age or younger who is a victim of:
                      (a) sexual abuse or [serious] physical abuse [and who is 17 years of age or younger.]; or
                      (b) other crimes involving children where the child is a primary victim or a critical
                  witness, such as in drug-related child endangerment cases.
                      (2) "Agreement" means a written contract between two or more public agencies and
                  other persons to provide for multidisciplinary intergovernmental operation of a center established
                  in accordance with Section 67-5b-104 .
                      (3) "Center" means a Children's Justice Center established in accordance with Section
                  67-5b-102 .
                      (4) "Officers and employees" means any person performing services for two or more
                  public agencies as agreed in intergovernmental contracts in accordance with Section 67-5b-104 .
                      (5) "Public agency" means a municipality, a county, the attorney general, the Division of
                  Child and Family Services, the Division of Juvenile Justice Services, the Department of
                  Corrections, the juvenile court, and the Administrative Office of the Courts.
                      (6) "Volunteer" means any person who donates service without pay or other
                  compensation except expenses actually and reasonably incurred as approved by the supervising
                  agency. Volunteer does not include any person participating in human subjects research and
                  court-ordered compensatory service workers as defined in Section 67-20-2 .
                      Section 2. Section 67-5b-102 is amended to read:
                       67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of
                  center.
                      (1) (a) There is established a program that provides a comprehensive, multidisciplinary,
                  nonprofit, intergovernmental response to sexual abuse of children [and serious], physical abuse
                  of children, and other crimes involving children where the child is a primary victim or a critical
                  witness, such as in drug-related child endangerment cases, in a facility known as a Children's
                  Justice Center.
                      (b) The attorney general shall administer the program.


                      (c) The attorney general shall:
                      (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103 ;
                      (ii) administer applications for state and federal grants;
                      (iii) staff the Advisory Board on Children's Justice;
                      (iv) assist in the development of new centers; and
                      (v) coordinate services between centers.
                      (2) (a) The attorney general shall establish Children's Justice Centers or satellite offices
                  in Cache County, Carbon County, Davis County, Duchesne County, Emery County, Grand
                  County, Salt Lake County, Tooele County, Uintah County, Utah County, Wasatch County,
                  Washington County, and Weber County.
                      (b) The attorney general may establish other centers within a county and in other counties
                  of the state.
                      (3) The attorney general and each center shall fulfill the statewide purpose of each center
                  by:
                      (a) minimizing the time and duplication of effort required to investigate, prosecute, and
                  initiate treatment for the abused child in the state;
                      (b) facilitating the investigation of the alleged offense against the abused child;
                      (c) conducting interviews of abused children and their families in a professional manner;
                      (d) obtaining reliable and admissible information which can be used effectively in
                  criminal and child protection proceedings in the state;
                      (e) coordinating and tracking:
                      (i) the use of limited medical and psychiatric services;
                      (ii) investigation of the alleged offense;
                      (iii) preparation of prosecution;
                      (iv) treatment of the abused child and family; and
                      (v) education and training of persons who provide services to the abused child and its
                  family in the state;
                      (f) expediting the processing of the case through the courts in the state;


                      (g) protecting the interest of the abused child and the community in the state;
                      (h) reducing trauma to the abused child in the state;
                      (i) enhancing the community understanding of sexual abuse of children [and serious],
                  physical abuse of children [in the state; and], and other crimes in the state involving children
                  where the child is a primary victim or a critical witness, such as in drug-related child
                  endangerment cases;
                      (j) providing as many services as possible that are required for the thorough and effective
                  investigation of child abuse cases[.]; and
                      (k) enhancing the community understanding of criminal offenses committed against or in
                  the presence of children.
                      (4) To assist a center in fulfilling the requirements and statewide purposes as provided in
                  Subsection (3), each center may obtain access to any relevant juvenile court legal records and
                  adult court legal records, unless sealed by the court.
                      (5) The statewide purpose of this chapter is to establish a program that provides a
                  comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of
                  children [and serious], physical abuse of children, and other crimes involving children where the
                  child is a primary victim or a critical witness, such as drug-related child endangerment cases, in a
                  facility known as a Children's Justice Center.
                      Section 3. Section 67-5b-106 is amended to read:
                       67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms -- Duties
                  -- Authority.
                      (1) The attorney general shall create the Advisory Board on Children's Justice to advise
                  him about the Children's Justice Center Program.
                      (2) The board shall be composed of:
                      (a) the director of each Children's Justice Center;
                      (b) the chair of each local advisory board established under Section 67-5b-105 ;
                      (c) the attorney general or the attorney general's designee;
                      (d) a representative of the Utah Sheriffs Association, appointed by the governor;


                      (e) a chief of police, appointed by the governor;
                      (f) one juvenile court judge and one district court judge, appointed by the chief justice;
                      (g) a representative of the court appointed guardians ad litem, appointed by the chief
                  justice;
                      (h) a designated representative of the Division of Child and Family Services within the
                  Department of Human Services, appointed by the director of that division;
                      (i) a licensed mental health professional, appointed by the governor;
                      (j) a person experienced in working with children with disabilities, appointed by the
                  governor;
                      (k) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
                  appointed by the Utah Bar Commission;
                      (l) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
                  appointed by the Prosecution Council;
                      (m) a member of the governor's staff, appointed by the governor;
                      (n) a member from the public, appointed by the governor, who exhibits sensitivity to the
                  concerns of parents; and
                      (o) additional members appointed as needed by the attorney general.
                      (3) (a) Except as required by Subsection (3)(b), as terms of current board members
                  expire, the appointing authority shall appoint each new member or reappointed member to a
                  four-year term.
                      (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority shall,
                  at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
                  board members are staggered so that approximately half of the board is appointed every two
                  years.
                      (4) The Advisory Board on Children's Justice shall:
                      (a) coordinate and support the statewide purpose of the program;
                      (b) recommend statewide guidelines for the administration of the program;
                      (c) advise the contracting entities of each Children's Justice Center;


                      (d) recommend training and improvements in training;
                      (e) review, evaluate, and make recommendations concerning state investigative,
                  administrative, and judicial handling in both civil and criminal cases of child abuse, child sexual
                  abuse, [and] neglect, and other crimes involving children where the child is a primary victim or a
                  critical witness, such as in drug-related child endangerment cases;
                      (f) recommend programs to improve the prompt and fair resolution of civil and criminal
                  court proceedings; and
                      (g) recommend changes to state laws and procedures to provide comprehensive
                  protection for children [of] from abuse, child sexual abuse, [and] neglect, and other crimes
                  involving children where the child is a primary victim or a critical witness, such as in
                  drug-related child endangerment cases.
                      (5) The Advisory Board on Children's Justice may not supersede the authority of the
                  contracting public agency to oversee the accountability of the center, including the budget, costs,
                  personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter [2] 2a, Audits
                  of Political Subdivisions, Interlocal Organizations, and Other Local Entities.
                      Section 4. Effective date.
                      This bill takes effect on July 1, 2005.


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