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LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
February 8, 2005
Members Present: Rep. DeMar "Bud" Bowman, Chair
Rep. Duane Bourdeaux
Rep. LaVar F. Christensen
Rep. Wayne A. Harper
Rep. Patricia W. Jones
Rep. Todd E. Kiser
Rep. David Litvack
Rep. Curtis Oda
Rep. Paul Ray
Rep. Stephen H. Urquhart
Members Excused: Rep. Michael T. Morley, Vice Chair
Staff Present: Mr. Stewart Smith, Policy Analyst
Ms. Linda Black, Committee Secretary
note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Bowman called the meeting to order at 4:15 p.m.
MOTION: Rep. Bourdeaux moved to approve the minutes of February 2, 2005. The motion passed unanimously with Rep. Christensen, Rep. Harper, Rep. Oda, and Rep. Urquhart absent for the vote.
H.B. 184 Domestic Violence - Change of Locks on Rental Property (Rep. L. Shurtliff)
Rep. Shurtliff explained the bill with the assistance of Mr. Ned Searle, Director, Domestic Violence, State of Utah.
MOTION: Rep. Ray moved to delete in title and body H.B. 184, and replace it with
1st Substitute H.B. 184. The motion passed unanimously, with Rep. Harper,
and Rep. Urquhart absent for the vote.
MOTION: Rep. Litvack moved to amend the bill as follows:
1. Page 2, Lines 45 through 47 :
45 (c) Notwithstanding any rental agreement, an owner who installs a new lock under
46 Subsection (3)(a)
47 perpetrator of the act listed in Subsection (1).
The motion passed unanimously, with Rep. Harper and Rep. Urquhart absent for the vote.
H.B. 228 Removal or Defacement of Political Signs (Rep. G. Hughes)
Rep. Hughes presented the bill.
Spoke for the bill: Mr. Wallace McCormick, citizen
Ms. Laura Lee Adams, citizen and campaign manager
MOTION: Rep. Christensen moved to pass the bill out favorably. The motion passed unanimously, with Rep. Harper and Rep. Urquhart absent for the vote.
S.B. 118 Identity Fraud Amendments (Sen. C. Walker)
Sen. Walker presented the bill.
Spoke for the bill: Mr. Scott Simpson, Utah League of Credit Unions
MOTION: Rep. Ray moved to pass the bill out favorably. The motion passed unanimously with Rep. Harper and Rep. Urquhart absent for the vote.
MOTION: Rep. Ray moved to place the bill on the Consent Calendar. The motion passed unanimously with Rep. Harper and Rep. Urquhart absent for the vote.
S.B. 30 Amendments to Search Warrants (Sen. D. Thomas)
Sen. Thomas presented the bill.
MOTION: Rep. Christensen moved to pass the bill out favorably. The motion passed unanimously, with Rep. Bourdeaux, Rep. Harper, and Rep. Urquhart absent for the vote.
MOTION: Rep. Christensen moved to place the bill on the Consent Calendar. The motion passed unanimously, with Rep. Bourdeaux, Rep. Harper, and Rep Urquhart absent for the vote.
1st SUBSTITUTE H.B. 202 Revisions to Child Welfare (Rep. W. Harper)
Rep. Harper presented the bill.
MOTION: Rep. Harper moved to amend 1st Substitute H.B. 202 as follows:
1. Page 1, Lines 14 through 18 :
14
15 . removes the requirement that the Division of Child and Family Services provide
16 services to unwed parents;
17
18 be based on clear and convincing evidence; }
2. Page 2, Lines 27 through 29 :
27
28 Division of Child and Family Services, the division has the burden of proving the
29 finding by clear and convincing evidence; }
3. Page 3, Lines 81 through 82 :
81
82 facts beyond a reasonable doubt; }
4. Page 5, Lines 141 through 142 :
141
142 62A-4a-202.9, Utah Code Annotated 1953 }
5. Page 6, Line 174 through Page 13, Line 397 :
174 Section 2. Section 62A-4a-101 is amended to read:
175 62A-4a-101. Definitions.
176 As used in this chapter:
177 (1) (a) "Abuse" means:
178 (i) causing
179
180 [
181 [
182 [
183 [
184
185
186
187
188
189
190
191
192
193
194
195
196 (1)(a)(ii)(A) through (D) }
197 (b) "Abuse" does not include:
198 (i) disciplining or managing a child
199 (A) withholding privileges from a child; or
200 (B) other discipline }
(A) withholding privileges from a child; or
(B) other discipline
201 (ii) accidental conduct;
202 (iii) conduct described in Subsection 53A-11-802 (2);
203 (iv) conduct described in Section 76-2-401 ; or
204 (v) the use of reasonable and necessary physical restraint or force on a child:
205 (A) in self-defense;
206 (B) in defense of others;
207 (C) to protect the child; or
208 (D) to remove a weapon in the possession of a child for any of the reasons described in
209 Subsections (1)(b)(v)(A) through (C).
210
211 (i) when the person is not aware that he is engaging in the conduct; or
212 (ii) when the person is aware that he is engaging in the conduct and:
213 (A) a reasonable person would not expect that there is a reasonable possibility that the
214 conduct described in this Subsection (2)(a)(ii) would result in:
215 (I) physical injury, as defined in Section 76-5-109 ; or
216 (II) serious physical injury, as defined in Section 76-5-109 ; or
217 (B) the person is not aware of the existence of circumstances that made it reasonably
218 possible that the conduct described in this Subsection (2)(a)(ii) would result in:
219 (I) physical injury, as defined in Section 76-5-109 ; or
220 (II) serious physical injury, as defined in Section 76-5-109 .
221 (b) "Accidental conduct," described in Subsection (2)(a), does not include conduct
222 committed by a person while the person is under the influence of an intoxicating or mind
223 altering substance. }
224
225 (a) placing children for adoption[
226 (b) subsidizing adoptions under Section 62A-4a-105 [
227 (c) supervising adoption placements until the adoption is finalized by the court[
228 (d) conducting adoption studies[
229 (e) preparing adoption reports upon request of the court[
230 (f) providing postadoptive placement services, upon request of a family, for the
231 purpose of stabilizing a possible disruptive placement.
232
233 accordance with Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
234
235 person under the age of 18.
236
237 abuse.
238
239
well-being]
determined
occur,
light of:
240
pattern of neglect.
241
[(8) "Chronic emotional abuse" means repeated or patterned emotional abuse.]
242
[(5)]
(8)
}
(7)
"Consumer" means a person who receives services offered
by the division in
243
accordance with this chapter.
244
(9)
}
(8)
"Criminal negligence" is as defined in Section
76-2-103
.
245
[
}
(9)
{
]
}
{
(10)
}
"Custody," with regard to the division, means the
custody of a [child] minor
246
in the division as of the date of disposition.
247
[
}
(10)
{
]
}
{
(11)
}
"Day-care services" means care of a child for a
portion of the day which is:
248
(a) less than 24 hours[,];
249
(b) in [his] the child's own home by a responsible person[,]; or
250
(c) outside of [his] the child's home in a:
251
(i) day-care center[,];
252
(ii) family group home[,]; or
253
(iii) family child care home.
254
[
}
(11)
{
]
}
{
(12)
}
"Dependent child" or "dependency" means a
child, or the condition of a
255
child, who is homeless or without proper care through no fault of the child's parent,
guardian,
256
or custodian.
257
[
}
(12)
{
]
}
{
(13)
}
"Director" means the director of the Division of
Child and Family Services.
258
[
}
(13)
{
]
}
{
(14)
}
"Division" means the Division of Child and
Family Services.
259
[
}
(14)
{
]
}
{
(15)
}
(a) "Domestic violence services" means
temporary shelter, treatment, and
260
related services to persons who are victims of abuse and their dependent children and
treatment
261
services for domestic violence perpetrators.
262
(b) As used in this Subsection
[
}
(14)
{
]
}
{
(15)
}
:
263
(i) "abuse" means the same as that term is defined in Section
30-6-1
[,]; and
264
(ii) "domestic violence perpetrator" means a person who is alleged to have
committed,
265
has been convicted of, or has pled guilty to an act of domestic violence as defined in
266
Subsection
77-36-1
(2).
267
[
}
(15)
{
]
}
{
(16)
}
"Homemaking service" means the care of
individuals in their domiciles, and
268
help given to individual caretaker relatives to achieve improved household and family
269
management through the services of a trained homemaker.
270
(17)
}
(16)
"Intentionally" is as defined in Section
76-2-103
.
271
(18)
}
(17)
"Knowingly" is as defined in Section
76-2-103
.
272
[(16)]
(19)
}
(18)
(a) "Minor" means a person under 18 years of age.
273
(b) "Minor" may also include a person under 21 years of age for whom the division
has
274
been specifically ordered by the juvenile court to provide services.
275
[(17)]
(20)
}
(19)
"Natural parent" means a minor's biological or adoptive
parent, and
276
includes a minor's noncustodial parent.
277
[(18)]
(21)
}
(20)
(a) "Neglect" means:
278
(i) repeated or substantial failure by a parent, guardian, or person with care or
custody
279
of a child to provide the child with
280
(A) care;
281
(B) food;
282
(C) shelter;
283
(D) clothing;
284
(E) training;
285
(F) physical safety; or
286
(G) medical care;
287
[(i)] (ii) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8,
288
Safe Relinquishment of a Newborn Child;
289
[(ii) subjecting a child to mistreatment or abuse;]
290
[(iii) lack of proper parental care by reason of the fault or habits of the parent,
291
guardian, or custodian;]
292
[(iv) failure or refusal of a parent, guardian, or custodian to provide proper or
necessary
293
subsistence, education, or medical care, including surgery or psychiatric services when
294
required, or any other care necessary for his health, safety, morals, or well-being; or]
295
[(v) a child at risk of being neglected or abused because another child in the same
296
home is neglected or abused.]
297
[(b) The aspect of neglect relating to education, described in Subsection (18)(a)(iv),
298
means that, after receiving notice that a child has been frequently absent from school
without
299
good cause, or that the child has failed to cooperate with school authorities in a
reasonable
300
manner, a parent or guardian fails to make a good faith effort to ensure that the child
receives
301
an appropriate education.]
302
(iii)
}
(iv)
failure by a parent or guardian to make a good faith effort to
ensure that the child
303
receives an appropriate education after the parent or guardian receives notice that the
child is
304
frequently absent from school without good cause.
305
(b) "Neglect" does not include:
306
[(c) A] (i) a parent or guardian legitimately practicing religious beliefs [and] who,
for
307
that reason, does not provide specified medical or mental health treatment for a child[, is
not
308
guilty of neglect.];
309
(ii) disciplining or managing a child
; or
310
(iii) accidental conduct
}
.
311
[(19)]
(22)
}
(21)
"Protective custody," with regard to the division, means
the shelter of a
312
child by the division from the time the child is removed from the child's home until the
shelter
313
hearing, or the [child's return] child returns home, whichever occurs earlier.
314
[(20)]
(23)
}
(22)
"Protective services" means expedited services that are
provided:
315
(a) in response to evidence of neglect, abuse, or dependency of a minor;
316
(b) to a cohabitant who is neglecting or abusing a child, in order to help the
cohabitant
317
develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse,
and
318
to strengthen the cohabitant's ability to provide safe and acceptable care; and
319
(c) in cases where the child's welfare is endangered:
320
(i) to bring the situation to the attention of the appropriate juvenile court and law
321
enforcement agency;
322
(ii) to cause a protective order to be issued for the protection of the minor, when
323
appropriate; and
324
(iii) to protect the child from the circumstances that endanger the child's welfare
325
including, when appropriate, removal from the child's home, placement in substitute care,
and
326
petitioning the court for termination of parental rights.
327
(24)
}
(23)
"Recklessly" is as defined in Section
76-2-103
.
328
[(22) "Severe]
(25)
}
(24)
"Serious neglect" means neglect that causes [or
threatens to cause
329
serious harm] serious physical injury, as defined in Section
76-5-109
, to a minor.
330
[(21) "Services to unwed parents" means social, educational, and medical services
331
arranged for or provided to unwed parents to help them plan for themselves and the
unborn
332
child.]
333
(26)
}
(25)
"Severe child abuse or neglect" means:
334
(a) if committed by a person 18 years of age or older:
335
(i)
intentionally, knowingly, recklessly, or with criminal negligence
}
causing serious
336
physical injury, as defined in Section
76-5-109
; or
337
(ii) committing:
338
(A) chronic abuse;
339
(B) sexual abuse, as defined in Section
62A-4a-402
;
340
(C) sexual exploitation of a child, as defined in Section
62A-4a-402
;
341
(D) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8,
Safe
342
Relinquishment of a Newborn Child;
343
(E) serious neglect;
344
(F) chronic neglect; or
345
(G) mental cruelty, as defined in Section
76-5-109
; or
346
(b) if committed by a person under the age of 18:
347
(i) inflicting serious physical injury, as defined in Section
76-5-109
, to another child
348
when that conduct indicates that the person poses an actual risk to other children, as
349
in accordance with risk assessment factors established by the division, by rule, as
provided in
350
Section
62A-4a-102
; or
351
(ii) committing sexual behavior with or upon another child when that conduct
352
indicates that the person poses an actual risk to other children, as determined in
accordance
353
with risk assessment factors established by the division, by rule, as provided in Section
354
62A-4a-102
.
355
[(23)]
(27)
}
(26)
"Shelter care" means the temporary care of [minors] a
minor in a nonsecure
356
[facilities] facility.
357
[(24)]
(28)
}
(27)
"State" means a state of the United States, the District of
Columbia, the
358
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern
359
Mariana Islands, or a territory or possession administered by the United States.
360
[(25) "Severe emotional abuse" means emotional abuse that causes or threatens to
361
cause serious harm to a minor.]
362
[(26) "Severe physical abuse" means physical abuse that causes or threatens to cause
363
serious harm to a minor.]
364
[(27)]
(29)
}
(28)
"State plan" means the written description of the
programs for children,
365
youth, and family services administered by the division in accordance with federal law.
366
[(28)]
(30)
}
(29)
"Status offense" means a violation of the law that would
not be a violation
367
but for the age of the offender.
368
[(29)]
(31)
}
(30)
"Substantiated" or "substantiation" means a judicial
finding based on
{
[
}
a
369
preponderance of the
]
}
{
clear and convincing
}
evidence that abuse or
neglect occurred. Each
370
allegation made or identified in a given case shall be considered separately in determining
371
whether there should be a finding of substantiated.
372
[(30)]
(32)
}
(31)
"Substitute care" means:
373
(a) the placement of a minor in a family home, group care facility, or other
placement
374
outside the minor's own home, either at the request of a parent [or other], guardian, or
375
responsible relative, or upon court order, when it is determined that continuation of care
in the
376
child's own home would be contrary to the child's welfare;
377
(b) services provided for a child awaiting placement; and
378
(c) the licensing and supervision of a substitute care facility.
379
[(31)]
(33)
}
(32)
"Supported" means a finding by the division [based on
the evidence
380
available] at the completion of an investigation [that there is a reasonable basis to
conclude]
381
that is more likely than not that abuse, neglect, or dependency occurred. Each allegation
made
382
or identified during the course of the investigation shall be considered separately in
383
determining whether there should be a finding of supported.
384
[(32)]
(34)
}
(33)
"Temporary custody," with regard to the division, means
the custody of a
385
child in the division from the date of the shelter hearing until disposition.
386
[(33)]
(35)
}
(34)
"Transportation services" means travel assistance given
to an individual
387
with escort service, if necessary, to and from community facilities and resources as part of
a
388
service plan.
389
[(34)]
(36)
}
(35)
"Unsubstantiated" means a judicial finding that
{
there is
}
[insufficient]
it has
not
390
clear and convincing
}
been established beyond a preponderance of the
evidence [to conclude] that abuse or neglect occurred.
391
[(35)]
(37)
}
(36)
"Unsupported" means a finding at the completion of an
investigation by the
392
division that there is insufficient evidence to [conclude] show that it is more likely than
not that
393
abuse, neglect, or dependency occurred. However, a finding of unsupported means also
that
394
the division worker did not conclude that the allegation was without merit.
395
[(36)]
(38)
}
(37)
"Without merit" means a finding at the completion of an
investigation by
396
the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not
397
or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
6. Page
15, Line 457
:
457
(3) Child welfare caseworkers shall
, on an annual basis,
}
complete training
in:
7. Page
16, Lines 475 through 476
:
475
(4) The division shall train its child welfare caseworkers to apply the risk
assessment
476
factors and rules described in Subsection
62A-4a-101
(26)
}
(25)
(b)(ii).
8. Page
23, Lines 699 through 702
:
699
(5) (a) In an adjudicative proceeding held pursuant to this section, the division shall
700
have the burden of proving, by
[
}
a preponderance of the
{
]
}
{
clear and
convincing
}
evidence, [that
701
there is a reasonable basis to conclude] that child abuse, neglect, or dependency occurred
and
702
that the alleged perpetrator was substantially responsible for the abuse or neglect that
occurred.
9. Page
28, Lines 846 through 848
:
846
(b)
The
}
Subject to Subsection (6)(c), the
fact that a child's home is
dirty or unkempt does not constitute grounds for the
847
division to intervene or to remove a child from the child's home, unless the condition of
the
848
home poses a serious threat to a child's safety.
(i) investigation responsibilities; or
(ii) ability to provide voluntary services to a family.
10. Page
30, Line 921
:
921
(c)
11. Page
31, Line 928
:
928
(ii) be available 24 hours
each day
}
for an intensive period of at least six
weeks[,]; and
12. Page
35, Line 1072 through Page 36, Line 1086
:
1072
Section 16.
Section
62A-4a-202.9
is enacted to read:
1073
62A-4a-202.9. Protection of child in danger of abuse based on abuse of another
1074
person.
1075
(1) For purposes of this section, a "child in danger of abuse" means a child:
1076
(a) whose parent or guardian causes another person to suffer abuse; and
1077
(b) who there is reason to believe is at risk of suffering abuse by the parent or
guardian
1078
described in Subsection (1)(a) based on the abuse described in Subsection (1)(a).
1079
(2) Pursuant to the requirements of law:
1080
(a) the division or a peace officer may remove a child in danger of abuse from
the
1081
child's home;
1082
(b) the division may provide services to a child in danger of abuse, and the
child's
1083
family; or
1084
(c) the division may seek the termination of the parental rights of the parent
described
1085
in Subsection (1)(a) with respect to a child in danger of abuse.
}
1086
Section
17
}
(16)
.
Section
62A-4a-203
is amended to read:
13. Page
37, Line 1125
:
1125
Section
18
}
(17)
.
Section
62A-4a-205
is amended to read:
14. Page
39, Line 1191 through Page 40, Line 1214
:
1191
(8) (a)
Subject to
}
Except as provided in
Subsection (8)(b),
{
the
}
parent-time
{
described in Subsection (7)(h) may
1192
be denied only by order of a
}
:
1193
(i) to protect the life or physical safety of a child; or
1194
(ii) if the parent caused the child to suffer:
1195
(A) physical injury, as defined in Section
76-5-109
;
1196
(B) serious physical injury, as defined in Section
76-5-109
;
1197
(C) sexual abuse, as defined in Section
62A-4a-402
; or
1198
(D) sexual exploitation of a child, as defined in Section
62A-4a-402
.
1199
(b) Notwithstanding Subsection (8)(a), the division may deny parent-time
without a
1200
court order:
1201
(i) subject to Subsection (8)(c)(i), on a specific occasion if the parent is:
1202
(A) under the influence of an intoxicating substance; or
1203
(B) in an emotional or mental state that is likely to:
1204
(I) threaten the child's physical safety; or
1205
(II) cause the child to suffer emotional anguish; or
1206
(ii) subject to Subsection (8)(c)(ii), for any of the reasons listed in Subsection
(8)(a).
1207
(c) (i) If the division denies parent-time under Subsection (8)(b)(i) on three
consecutive
1208
occasions, the division shall file a motion for a court order to deny or modify
parent-time,
1209
within 24 hours, excluding weekends and holidays, of the second consecutive denial.
1210
(ii) If the division denies parent-time under Subsection (8)(b)(ii), the division
shall file
1211
a motion for an order to deny or modify parent-time, within 24 hours, excluding
weekends and
1212
holidays, from the time that the decision to deny parent-time is made.
1213
(d) Failure to comply with a treatment plan may not be used as grounds to
deny
1214
parent-time.
}
(i) protect the physical safety of the child;
(ii) protect the life of the child; or
(iii) consistent with Subsection (8)(c), prevent the child from being
traumatized by contact with the parent.
(i) the child's fear of the parent; and
(ii) the nature of the alleged abuse or neglect.
15. Page
41, Lines 1235 through 1238
:
1235
(e)
A
}
For purposes of Subsection (10)(d), a
treatment plan shall:
1236
(i)
be limited to
}
only include requirements that
:
1237
(A)
addressing court
}
address
findings
made by the court
;
{
and
}
or
1238
(B)
other items
}
are
requested or
{
approved
}
consented
to
by a parent
or guardian
of the child; and
16. Page
41, Line 1254
:
1254
Section
19
}
(18)
.
Section
62A-4a-208
is amended to read:
17. Page
44, Line 1341
:
1341
Section
20
}
(19)
.
Section
62A-4a-209
is amended to read:
18. Page
46, Line 1409
:
1409
Section
21
}
(20)
.
Section
62A-4a-302
is amended to read:
19. Page
46, Line 1416
:
1416
Section
22
}
(21)
.
Section
62A-4a-402
is amended to read:
20. Page
48, Line 1479 through Page 49, Line 1489
:
1479
Section
23
}
(22)
.
Section
62A-4a-403
is amended to read:
1480
62A-4a-403. Reporting requirements.
1481
(1) For purposes of this section:
(i) "abuse" as defined in Section 62A-4a-101;
(ii) "neglect" as defined in Section 62A-4a-101; and
(iii) conduct that constitutes a violation of:
(A) child abuse, as described in Section 76-5-109;
(B) enticement of a minor, as described in Section 76-4-401;
(C) child kidnapping, as described in Section 76-5-301.1;
(D) custodial interference, as described in Section 76-5-303;
(E) unlawful detention, as described in Section 76-5-304, if the victim
is a person under the age of 18 at the time of the conduct; and
(F) any of the offenses described in Title 76, Chapter 5, Part 4, Sexual
Offenses, if the victim is a person under the age of 18 at the
time of the conduct.
1482
(a)
}
(b)
"Minister" means a person recognized by a bona fide religious
organization as a:
1483
(i) minister;
1484
(ii) member of the clergy;
1485
(iii) priest; or
1486
(iv) counselor.
1487
(b)
}
(c)
"Serious harm" means:
1488
(i) serious physical injury, as defined in Section
76-5-109
; or
1489
(ii) mental cruelty, as defined in Section
76-5-109
.
21. Page
50, Line 1537
:
1537
Section
24
}
(23)
.
Section
62A-4a-407
is amended to read:
22. Page
51, Line 1560
:
1560
Section
25
}
(24)
.
Section
62A-4a-409
is amended to read:
23. Page
54, Line 1646
:
1646
Section
26
}
(25)
.
Section
62A-4a-414
is amended to read:
24. Page
55, Line 1672
:
1672
Section
27
}
(26)
.
Section
63-55-262
is amended to read:
25. Page
55, Line 1678
:
1678
Section
28
}
(27)
.
Section
76-5-109
is amended to read:
26. Page
55, Lines 1696 through 1697
:
1696
[(iv) any other] (D) a condition [which] that imperils the child's
[
}
health
{
]
}
,
[or]
{
[
}
welfare
{
]
}
[and
1697
which is not a serious physical injury as defined in Subsection (1)(d)]
27. Page
58, Line 1768
:
1768
(b) accidental conduct
, as defined in Section
62A-4a-101
}
;
28. Page
58, Lines 1777 through 1784
:
1777
Section
29
}
(28)
.
Section
76-5-110
is amended to read:
1778
76-5-110. Abuse or neglect of disabled child.
1779
(1) As used in this section:
1780
(a) "Abuse"
[
}
means:
{
]
}
{
is as defined in Section
62A-4a-101
.
}
1781
[
}
(i) inflicting physical injury, as that term is defined in Section
76-5-109
;
{
]
}
1782
[
}
(ii) having the care or custody of a disabled child, causing or
permitting another to
{
]
}
1783
[
}
inflict physical injury, as that term is defined in Section
76-5-109
; or
{
]
}
1784
[
}
(iii) unreasonable confinement.
{
]
}
29. Page
59, Lines 1796 through 1797
:
1796
(d) "Neglect"
[
}
means failure by a caretaker to provide care, nutrition,
clothing, shelter,
1797
supervision, or medical care
]
}
{
is as defined in Section
62A-4a-101
.
}
30. Page
59, Line 1810
:
1810
Section
30
}
(29)
.
Section
78-3a-103
is amended to read:
31. Page
64, Line 1975
:
1975
Section
31
}
(30)
.
Section
78-3a-106
is amended to read:
32. Page
67, Line 2043
:
2043
Section
32
}
(31)
.
Section
78-3a-109
is amended to read:
33. Page
69, Line 2122
:
2122
Section
33
}
(32)
.
Section
78-3a-110
is amended to read:
34. Page
72, Line 2204
:
2204
Section
34
}
(33)
.
Section
78-3a-118
is amended to read:
35. Page
76, Line 2333
:
2333
(A) be examined or treated by a physician
[
}
, surgeon,
{
]
}
{
or
}
psychiatrist
{
[
}
, or psychologist
{
]
}
36. Page
80, Line 2447
:
2447
Section
35
}
(34)
.
Section
78-3a-301
is amended to read:
37. Page
82, Line 2519
:
2519
Section
36
}
(35)
.
Section
78-3a-306
is amended to read:
38. Page
86, Lines 2640 through 2642
:
2640
(ii) For purposes of Subsection (9)(a)(iv), there is a substantial risk that a child will
be
2641
physically or sexually abused if the court finds, by
clear and convincing
}
a
preponderance of the
evidence, that the
2642
parent:
39. Page
87, Lines 2668 through 2669
:
2668
(13) The court may not order continued removal of a [minor] child solely on the
basis
2669
of educational neglect as described in Subsection [
78-3a-103
(1)(s)(ii)]
62A-4a-101
(21)
}
(20)
(a)
{
(iii)
}
(iv)
.
40. Page
87, Line 2682
:
2682
Section
37
}
(36)
.
Section
78-3a-311
is amended to read:
41. Page
88, Lines 2701 through 2710
:
2701
(ii)
When
}
Subject to Subsection (2)(b), if
the court determines that
reunification services are appropriate for the child
2702
and the child's family, the court shall provide for reasonable parent-time with the parent
or
2703
parents from whose custody the child was removed, unless
:
2704
(A)
}
parent-time
[
}
is not in the best interest
{
]
}
{
would threaten
the physical safety or life
}
of
2705
the child
[
}
.
{
]
}
{
; or
2706
(B) the parent subjected the child to:
2707
(I) sexual abuse;
2708
(II) sexual exploitation of a child;
2709
(III) physical injury; or
2710
(IV) serious physical injury.
}
42. Page
88, Line 2716 through Page 88, Line 2717
:
2716
concern in determining whether reasonable efforts to reunify should be made.
(A) protect the physical safety of the child;
(B) protect the life of the child; or
(C) prevent the child from being traumatized by contact with the parent
due to the child's fear of the parent in light of the nature of the alleged
abuse or neglect.
(ii) Notwithstanding Subsection (2)(a)(ii), a court may not deny parent-time
based solely on a parent's failure to:
(A) prove that the parent has not used legal or illegal substances; or
(B) comply with an aspect of the treatment plan that is ordered by the
court.
2717
(b)
}
(c)
(i) In addition to the primary permanency goal, the court shall
establish a
43. Page
93, Line 2874
:
2874
Section
38
}
(37)
.
Section
78-3a-320
is amended to read:
44. Page
95, Line 2911
:
2911
Section
39
}
(38)
.
Section
78-3a-402
is amended to read:
45. Page
95, Line 2922
:
2922
Section
40
}
(39)
.
Section
78-3a-406
is amended to read:
46. Page
96, Lines 2943 through 2945
:
2943
(b) The court shall in all cases:
2944
(i) require the petitioner to establish the facts
[
}
by clear and convincing
evidence,
{
]
}
2945
beyond a reasonable doubt
}
; and [shall]
47. Page
96, Line 2952
:
2952
Section
41
}
(40)
.
Section
78-3a-407
is amended to read:
48. Page
97, Lines 2988 through 2990
:
2988
(e) for at least one year the parent
willfully and
}
without just cause failed to:
2989
(i) communicate with the child by mail, telephone, or any other means; or
2990
(ii) show the normal interest of a natural parent in the child; or
49. Page
98, Line 3012
:
3012
Section
42
}
(41)
.
Section
78-3a-408
is amended to read:
50. Page
100, Line 3069
:
3069
Section
43
}
(42)
.
Section
78-3a-414
is amended to read:
51. Page
101, Line 3101
:
3101
Section
44
}
(43)
. Repealer.
Spoke to the bill: Mr. Richard Andersen, Director, Division of Child and Family Services
Mr. Alain Balmanno, Ass't. Atttorney General, Division of Litigation
MOTION: Rep. Christensen moved to pass 1st Substitute H.B. 202 as amended favorably.
SUBSTITUTE
MOTION: Rep. Litvack moved to adjourn. The motion failed with Rep. Bourdeaux, Rep.
Jones, Rep. Litvack, and Rep. Ray voting in favor.
MOTION: Rep. Ray moved to hold the bill and place it first on the agenda for the next
scheduled meeting. The motion passed with Rep. Christensen, Rep. Harper, Rep.
Kiser, and Rep. Oda voting in opposition.
MOTION: Rep. Bourdeaux moved to adjourn. The motion passed unanimously. Rep.
Bowman adjourned the meeting at 5:50 p.m.
____________________________
Rep. DeMar "Bud" Bowman,Chair