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This document includes House Floor Amendments incorporated into the bill on Tue, Feb 7, 2006 at 5:22 PM by ddonat. --> 1
8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Juvenile Court Act of 1996 and the Child and Family
11 Services chapter of the Utah Human Services Code.
12 Highlighted Provisions:
13 This bill:
14 . defines the terms "minor" and "child";
15 . amends the Juvenile Court Act of 1996 and the Child and Family Services chapter
16 of the Utah Human Services Code to ensure that:
17 . the terms "minor" and "child" are used consistently and correctly; and
18 . the code provisions specify whether the provisions relate to children or to
19 minors; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
23 Other Special Clauses:
24 H. [
25 Utah Code Sections Affected:
27 58-37-6, as last amended by Chapter 248, Laws of Utah 2005
28 62A-4a-101, as last amended by Chapter 95, Laws of Utah 2005
29 62A-4a-105, as last amended by Chapter 81, Laws of Utah 2005
30 62A-4a-110, as renumbered and amended by Chapter 260, Laws of Utah 1994
31 62A-4a-116.1, as last amended by Chapter 95, Laws of Utah 2005
32 62A-4a-120, as enacted by Chapter 356, Laws of Utah 2004
33 62A-4a-202.1, as last amended by Chapter 180, Laws of Utah 2004
34 62A-4a-202.2, as last amended by Chapter 10, Laws of Utah 2001, First Special
36 62A-4a-202.3, as last amended by Chapter 286, Laws of Utah 2005
37 62A-4a-402, as last amended by Chapter 274, Laws of Utah 1998
38 62A-4a-412, as last amended by Chapters 122 and 356, Laws of Utah 2004
39 62A-4a-601, as renumbered and amended by Chapter 260, Laws of Utah 1994
40 78-3a-102, as last amended by Chapter 304, Laws of Utah 2005
41 78-3a-103, as last amended by Chapter 95, Laws of Utah 2005
42 78-3a-104, as last amended by Chapter 2, Laws of Utah 2005
43 78-3a-105, as last amended by Chapter 356, Laws of Utah 2004
44 78-3a-106, as last amended by Chapter 267, Laws of Utah 2003
45 78-3a-109, as last amended by Chapter 156, Laws of Utah 2005
46 78-3a-110, as enacted by Chapter 365, Laws of Utah 1997
47 78-3a-112, as renumbered and amended by Chapter 365, Laws of Utah 1997
48 78-3a-113, as last amended by Chapter 13, Laws of Utah 2005
49 78-3a-114, as last amended by Chapters 102 and 267, Laws of Utah 2004
50 78-3a-115, as last amended by Chapters 324 and 356, Laws of Utah 2004
51 78-3a-116, as last amended by Chapters 190 and 324, Laws of Utah 2004
52 78-3a-117, as last amended by Chapter 113, Laws of Utah 2000
53 78-3a-118, as last amended by Chapters 102 and 267, Laws of Utah 2004
54 78-3a-120, as renumbered and amended by Chapter 365, Laws of Utah 1997
55 78-3a-206, as last amended by Chapter 120, Laws of Utah 2001
56 78-3a-301, as last amended by Chapter 356, Laws of Utah 2004
57 78-3a-305, as last amended by Chapters 68 and 326, Laws of Utah 2003
58 78-3a-306, as last amended by Chapters 131 and 267, Laws of Utah 2003
59 78-3a-307, as last amended by Chapter 356, Laws of Utah 2004
60 78-3a-309, as last amended by Chapter 318, Laws of Utah 1996
61 H. [
62 78-3a-311.5, as last amended by Chapter 286, Laws of Utah 2005
63 78-3a-312, as last amended by Chapter 286, Laws of Utah 2005
64 78-3a-313.5, as last amended by Chapter 286, Laws of Utah 2005
65 78-3a-316.1, as enacted by Chapter 329, Laws of Utah 1997
66 78-3a-321, as enacted by Chapter 189, Laws of Utah 2004
67 78-3a-350, as last amended by Chapter 168, Laws of Utah 2002
68 78-3a-407, as last amended by Chapter 286, Laws of Utah 2005
69 78-3a-415, as last amended by Chapter 76, Laws of Utah 2004
70 78-3a-502, as last amended by Chapter 212, Laws of Utah 2002
71 78-3a-503, as last amended by Chapter 90, Laws of Utah 2004
72 78-3a-602, as last amended by Chapter 171, Laws of Utah 2003
73 78-3a-903, as last amended by Chapter 274, Laws of Utah 1998
74 78-3a-904, as last amended by Chapter 171, Laws of Utah 2003
75 78-3a-905, as last amended by Chapter 171, Laws of Utah 2003
76 78-3a-906, as last amended by Chapter 176, Laws of Utah 2003
77 78-3a-908, as enacted by Chapter 1, Laws of Utah 1996
78 78-3a-909, as last amended by Chapter 93, Laws of Utah 2004
79 78-3a-911, as last amended by Chapter 94, Laws of Utah 2003
80 78-3a-912, as last amended by Chapters 102, 286 and 304, Laws of Utah 2005
81 78-3a-913, as last amended by Chapters 93 and 356, Laws of Utah 2004
83 Be it enacted by the Legislature of the state of Utah:
84 Section 1. Section 58-37-6 is amended to read:
85 58-37-6. License to manufacture, produce, distribute, dispense, administer, or
86 conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
87 required -- Prescriptions.
88 (1) (a) The division may adopt rules relating to the licensing and control of the
89 manufacture, distribution, production, prescription, administration, dispensing, conducting of
90 research with, and performing of laboratory analysis upon controlled substances within this
92 (b) The division may assess reasonable fees to defray the cost of issuing original and
93 renewal licenses under this chapter pursuant to Section 63-38-3.2 .
94 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
95 administers, conducts research with, or performs laboratory analysis upon any controlled
96 substance in Schedules II through V within this state, or who proposes to engage in
97 manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
98 research with, or performing laboratory analysis upon controlled substances included in
99 Schedules II through V within this state shall obtain a license issued by the division.
100 (ii) The division shall issue each license under this chapter in accordance with a
101 two-year renewal cycle established by rule. The division may by rule extend or shorten a
102 renewal period by as much as one year to stagger the renewal cycles it administers.
103 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
104 administer, conduct research with, or perform laboratory analysis upon controlled substances in
105 Schedules II through V within this state may possess, manufacture, produce, distribute,
106 prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
107 those substances to the extent authorized by their license and in conformity with this chapter.
108 (c) The following persons are not required to obtain a license and may lawfully possess
109 controlled substances under this section:
110 (i) an agent or employee, except a sales representative, of any registered manufacturer,
111 distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
112 usual course of his business or employment; however, nothing in this subsection shall be
113 interpreted to permit an agent, employee, sales representative, or detail man to maintain an
114 inventory of controlled substances separate from the location of his employer's registered and
115 licensed place of business;
116 (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
117 warehouseman, who possesses any controlled substance in the usual course of his business or
118 employment; and
119 (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
120 a lawful order of a practitioner.
121 (d) The division may enact rules waiving the license requirement for certain
122 manufacturers, producers, distributors, prescribers, dispensers, administrators, research
123 practitioners, or laboratories performing analysis if consistent with the public health and safety.
124 (e) A separate license is required at each principal place of business or professional
125 practice where the applicant manufactures, produces, distributes, dispenses, conducts research
126 with, or performs laboratory analysis upon controlled substances.
127 (f) The division may enact rules providing for the inspection of a licensee or applicant's
128 establishment, and may inspect the establishment according to those rules.
129 (3) (a) Upon proper application, the division shall license a qualified applicant to
130 manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
131 controlled substances included in Schedules I through V, unless it determines that issuance of a
132 license is inconsistent with the public interest. The division shall not issue a license to any
133 person to prescribe, dispense, or administer a Schedule I controlled substance. In determining
134 public interest, the division shall consider whether or not the applicant has:
135 (i) maintained effective controls against diversion of controlled substances and any
136 Schedule I or II substance compounded from any controlled substance into other than
137 legitimate medical, scientific, or industrial channels;
138 (ii) complied with applicable state and local law;
139 (iii) been convicted under federal or state laws relating to the manufacture, distribution,
140 or dispensing of substances;
141 (iv) past experience in the manufacture of controlled dangerous substances;
142 (v) established effective controls against diversion; and
143 (vi) complied with any other factors that the division establishes that promote the
144 public health and safety.
145 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
146 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
147 substances in Schedule I other than those specified in the license.
148 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
149 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
150 research under the laws of this state.
151 (ii) The division need not require a separate license for practitioners engaging in
152 research with nonnarcotic controlled substances in Schedules II through V where the licensee is
153 already licensed under this act in another capacity.
154 (iii) With respect to research involving narcotic substances in Schedules II through V,
155 or where the division by rule requires a separate license for research of nonnarcotic substances
156 in Schedules II through V, a practitioner shall apply to the division prior to conducting
158 (iv) Licensing for purposes of bona fide research with controlled substances by a
159 practitioner considered qualified may be denied only on a ground specified in Subsection (4),
160 or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
161 adequately his supply of substances against diversion from medical or scientific use.
162 (v) Practitioners registered under federal law to conduct research in Schedule I
163 substances may conduct research in Schedule I substances within this state upon furnishing the
164 division evidence of federal registration.
165 (d) Compliance by manufacturers, producers, and distributors with the provisions of
166 federal law respecting registration, excluding fees, entitles them to be licensed under this
168 (e) The division shall initially license those persons who own or operate an
169 establishment engaged in the manufacture, production, distribution, dispensation, or
170 administration of controlled substances prior to April 3, 1980, and who are licensed by the
172 (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
173 on probation, or revoked by the division upon finding that the applicant or licensee has:
174 (i) materially falsified any application filed or required pursuant to this chapter;
175 (ii) been convicted of an offense under this chapter or any law of the United States, or
176 any state, relating to any substance defined as a controlled substance;
177 (iii) been convicted of a felony under any other law of the United States or any state
178 within five years of the date of the issuance of the license;
179 (iv) had a federal license denied, suspended, or revoked by competent federal authority
180 and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
181 controlled substances;
182 (v) had his license suspended or revoked by competent authority of another state for
183 violation of laws or regulations comparable to those of this state relating to the manufacture,
184 distribution, or dispensing of controlled substances;
185 (vi) violated any division rule that reflects adversely on the licensee's reliability and
186 integrity with respect to controlled substances;
187 (vii) refused inspection of records required to be maintained under this chapter by a
188 person authorized to inspect them; or
189 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
190 purpose of manipulating human hormonal structure so as to:
191 (A) increase muscle mass, strength, or weight without medical necessity and without a
192 written prescription by any practitioner in the course of his professional practice; or
193 (B) improve performance in any form of human exercise, sport, or game.
194 (b) The division may limit revocation or suspension of a license to a particular
195 controlled substance with respect to which grounds for revocation or suspension exist.
196 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
197 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
198 Occupational and Professional Licensing Act, and conducted in conjunction with the
199 appropriate representative committee designated by the director of the department.
200 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
201 Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
202 except where the division is designated by law to perform those functions, or, when not
203 designated by law, is designated by the executive director of the Department of Commerce to
204 conduct the proceedings.
205 (d) (i) The division may suspend any license simultaneously with the institution of
206 proceedings under this section if it finds there is an imminent danger to the public health or
208 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
209 judicial review, unless withdrawn by the division or dissolved by a court of competent
211 (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
212 substances owned or possessed by the licensee may be placed under seal in the discretion of the
214 (ii) Disposition may not be made of substances under seal until the time for taking an
215 appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
216 orders the sale of perishable substances and the proceeds deposited with the court.
217 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
218 (f) The division shall notify promptly the Drug Enforcement Administration of all
219 orders suspending or revoking a license and all forfeitures of controlled substances.
220 (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
221 inventories in conformance with the record keeping and inventory requirements of federal and
222 state law and any additional rules issued by the division.
223 (b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
224 authorized to administer or professionally use a controlled substance shall keep a record of the
225 drugs received by him and a record of all drugs administered, dispensed, or professionally used
226 by him otherwise than by a prescription.
227 (ii) A person using small quantities or solutions or other preparations of those drugs for
228 local application has complied with this Subsection (5)(b) if he keeps a record of the quantity,
229 character, and potency of those solutions or preparations purchased or prepared by him, and of
230 the dates when purchased or prepared.
231 (6) Controlled substances in Schedules I through V may be distributed only by a
232 licensee and pursuant to an order form prepared in compliance with division rules or a lawful
233 order under the rules and regulations of the United States.
234 (7) (a) A person may not write or authorize a prescription for a controlled substance
235 unless he is:
236 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
237 or under the laws of another state having similar standards; and
238 (ii) licensed under this chapter or under the laws of another state having similar
240 (b) A person other than a pharmacist licensed under the laws of this state, or his
241 licensed intern, as required by Sections 58-17b-303 and 58-17b-304 , may not dispense a
242 controlled substance.
243 (c) (i) A controlled substance may not be dispensed without the written prescription of
244 a practitioner, if the written prescription is required by the federal Controlled Substances Act.
245 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
246 conformity with Subsection (7)(d).
247 (iii) In emergency situations, as defined by division rule, controlled substances may be
248 dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
249 designated by the division and filed by the pharmacy.
250 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
251 Subsection (7)(d).
252 (d) Except for emergency situations designated by the division, a person may not issue,
253 fill, compound, or dispense a prescription for a controlled substance unless the prescription is
254 signed by the prescriber in ink or indelible pencil or is signed with an electronic or digital
255 signature of the prescriber as authorized by division rule, and contains the following
257 (i) the name, address, and registry number of the prescriber;
258 (ii) the name, address, and age of the person to whom or for whom the prescription is
260 (iii) the date of issuance of the prescription; and
261 (iv) the name, quantity, and specific directions for use by the ultimate user of the
262 controlled substance.
263 (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
264 controlled substance.
265 (f) Except when administered directly to an ultimate user by a licensed practitioner,
266 controlled substances are subject to the following restrictions:
267 (i) (A) A prescription for a Schedule II substance may not be refilled.
268 (B) A Schedule II controlled substance may not be filled in a quantity to exceed a
269 one-month's supply, as directed on the daily dosage rate of the prescriptions.
270 (ii) A Schedule III or IV controlled substance may be filled only within six months of
271 issuance, and may not be refilled more than six months after the date of its original issuance or
272 be refilled more than five times after the date of the prescription unless renewed by the
274 (iii) All other controlled substances in Schedule V may be refilled as the prescriber's
275 prescription directs, but they may not be refilled one year after the date the prescription was
276 issued unless renewed by the practitioner.
277 (iv) Any prescription for a Schedule II substance may not be dispensed if it is not
278 presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
279 after the date the prescription was issued, or 30 days after the dispensing date, if that date is
280 specified separately from the date of issue.
281 (v) A practitioner may issue more than one prescription at the same time for the same
282 Schedule II controlled substance, but only under the following conditions:
283 (A) no more than three prescriptions for the same Schedule II controlled substance may
284 be issued at the same time;
285 (B) no one prescription may exceed a 30-day supply;
286 (C) a second or third prescription shall include the date of issuance and the date for
287 dispensing; and
288 (D) unless the practitioner determines there is a valid medical reason to the contrary,
289 the date for dispensing a second or third prescription may not be fewer than 30 days from the
290 dispensing date of the previous prescription.
291 (vi) Each prescription for a controlled substance may contain only one controlled
292 substance per prescription form and may not contain any other legend drug or prescription
294 (g) An order for a controlled substance in Schedules II through V for use by an
295 inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
296 Subsection (7) if the order is:
297 (i) issued or made by a prescribing practitioner who holds an unrestricted registration
298 with the federal Drug Enforcement Administration, and an active Utah controlled substance
299 license in good standing issued by the division under this section, or a medical resident who is
300 exempted from licensure under Subsection 58-1-307 (1)(c);
301 (ii) authorized by the prescribing practitioner treating the patient and the prescribing
302 practitioner designates the quantity ordered;
303 (iii) entered upon the record of the patient, the record is signed by the prescriber
304 affirming his authorization of the order within 48 hours after filling or administering the order,
305 and the patient's record reflects the quantity actually administered; and
306 (iv) filled and dispensed by a pharmacist practicing his profession within the physical
307 structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
308 and the amount taken from the supply is administered directly to the patient authorized to
309 receive it.
310 (h) A practitioner licensed under this chapter may not prescribe, administer, or
311 dispense a controlled substance to a [
312 in Section 78-14-5 of a parent, guardian, or person standing in loco parentis of the [
313 child except in cases of an emergency. For purposes of this Subsection (7)(h), [
314 "child" has the same meaning as defined in Section 78-3a-103 , and "emergency" means any
315 physical condition requiring the administration of a controlled substance for immediate relief
316 of pain or suffering.
317 (i) A practitioner licensed under this chapter may not prescribe or administer dosages
318 of a controlled substance in excess of medically recognized quantities necessary to treat the
319 ailment, malady, or condition of the ultimate user.
320 (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
321 any controlled substance to another person knowing that the other person is using a false name,
322 address, or other personal information for the purpose of securing the controlled substance.
323 (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
324 a controlled substance may not manufacture, distribute, or dispense a controlled substance to
325 another licensee or any other authorized person not authorized by this license.
326 (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
327 symbol required by this chapter or by a rule issued under this chapter.
328 (m) A person licensed under this chapter may not refuse or fail to make, keep, or
329 furnish any record notification, order form, statement, invoice, or information required under
330 this chapter.
331 (n) A person licensed under this chapter may not refuse entry into any premises for
332 inspection as authorized by this chapter.
333 (o) A person licensed under this chapter may not furnish false or fraudulent material
334 information in any application, report, or other document required to be kept by this chapter or
335 willfully make any false statement in any prescription, order, report, or record required by this
337 (8) (a) (i) Any person licensed under this chapter who is found by the division to have
338 violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a penalty not to
339 exceed $5,000. The division shall determine the procedure for adjudication of any violations in
340 accordance with Sections 58-1-106 and 58-1-108 .
341 (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
342 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
343 (b) Any person who knowingly and intentionally violates Subsections (7)(h) through
344 (7)(j) is:
345 (i) upon first conviction, guilty of a class B misdemeanor;
346 (ii) upon second conviction, guilty of a class A misdemeanor; and
347 (iii) on third or subsequent conviction, guilty of a third degree felony.
348 (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
349 (7)(o) shall upon conviction be guilty of a third degree felony.
350 (9) Any information communicated to any licensed practitioner in an attempt to
351 unlawfully procure, or to procure the administration of, a controlled substance is not considered
352 to be a privileged communication.
353 Section 2. Section 62A-4a-101 is amended to read:
354 62A-4a-101. Definitions.
355 As used in this chapter:
356 (1) "Abuse" means:
357 (a) actual or threatened nonaccidental physical or mental harm;
358 (b) negligent treatment;
359 (c) sexual exploitation; or
360 (d) any sexual abuse.
361 (2) "Adoption services" means:
362 (a) placing children for adoption;
363 (b) subsidizing adoptions under Section 62A-4a-105 ;
364 (c) supervising adoption placements until the adoption is finalized by the court;
365 (d) conducting adoption studies;
366 (e) preparing adoption reports upon request of the court; and
367 (f) providing postadoptive placement services, upon request of a family, for the
368 purpose of stabilizing a possible disruptive placement.
369 (3) "Board" means the Board of Child and Family Services established in accordance
370 with Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
371 (4) "Child" [
372 as provided in Part 7, Interstate Compact on Placement of Children, a person under 18 years of
374 (5) "Consumer" means a person who receives services offered by the division in
375 accordance with this chapter.
376 (6) "Chronic physical abuse" means repeated or patterned physical abuse.
377 (7) "Chronic neglect" means a repeated or patterned failure or refusal by a parent,
378 guardian, or custodian to provide necessary care for a [
380 (8) "Chronic emotional abuse" means repeated or patterned emotional abuse.
381 (9) "Custody," with regard to the division, means the custody of a [
382 division as of the date of disposition.
383 (10) "Day-care services" means care of a child for a portion of the day which is less
384 than 24 hours:
385 (a) in the child's own home by a responsible person; or
386 (b) outside of the child's home in a:
387 (i) day-care center;
388 (ii) family group home; or
389 (iii) family child care home.
390 (11) "Dependent child" or "dependency" means a child, or the condition of a child, who
391 is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
392 (12) "Director" means the director of the Division of Child and Family Services.
393 (13) "Division" means the Division of Child and Family Services.
394 (14) (a) "Domestic violence services" means:
395 (i) temporary shelter, treatment, and related services to persons who are victims of
396 abuse and their dependent children; and
397 (ii) treatment services for domestic violence perpetrators.
398 (b) As used in this Subsection (14):
399 (i) "abuse" means the same as that term is defined in Subsection 30-6-1 (1); and
400 (ii) "domestic violence perpetrator" means a person who is alleged to have committed,
401 has been convicted of, or has pled guilty to an act of domestic violence as defined in
402 Subsection 77-36-1 (2).
403 (15) "Homemaking service" means the care of individuals in their domiciles, and help
404 given to individual caretaker relatives to achieve improved household and family management
405 through the services of a trained homemaker.
406 (16) [
408 Placement of Children:
409 (a) a child; or
410 (b) a person:
411 (i) who is at least 18 years of age and younger than 21 years of age; and
412 (ii) for whom the division has been specifically ordered by the juvenile court to provide
414 (17) "Natural parent" means a minor's biological or adoptive parent, and includes a
415 minor's noncustodial parent.
416 (18) (a) "Neglect" means:
417 (i) abandonment of a child, except as provided in Part 8, Safe Relinquishment of a
418 Newborn Child;
419 (ii) subjecting a child to mistreatment or abuse;
420 (iii) lack of proper parental care by reason of the fault or habits of the parent, guardian,
421 or custodian;
422 (iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
423 subsistence, education, or medical care, including surgery or psychiatric services when
424 required, or any other care necessary for the child's health, safety, morals, or well-being; or
425 (v) a child at risk of being neglected or abused because another child in the same home
426 is neglected or abused.
427 (b) The aspect of neglect relating to education, described in Subsection (18)(a)(iv),
428 means that, after receiving notice that a child has been frequently absent from school without
429 good cause, or that the child has failed to cooperate with school authorities in a reasonable
430 manner, a parent or guardian fails to make a good faith effort to ensure that the child receives
431 an appropriate education.
432 (c) A parent or guardian legitimately practicing religious beliefs and who, for that
433 reason, does not provide specified medical treatment for a child, is not guilty of neglect.
434 (d) (i) Notwithstanding Subsection (18)(a), a health care decision made for a child by
435 the child's parent or guardian does not constitute neglect unless the state or other party to the
436 proceeding shows, by clear and convincing evidence, that the health care decision is not
437 reasonable and informed.
438 (ii) Nothing in Subsection (18)(d)(i) may prohibit a parent or guardian from exercising
439 the right to obtain a second health care opinion.
440 (19) "Protective custody," with regard to the division, means the shelter of a child by
441 the division from the time the child is removed from the child's home until the earlier of:
442 (a) the shelter hearing; or
443 (b) the child's return home.
444 (20) "Protective services" means expedited services that are provided:
445 (a) in response to evidence of neglect, abuse, or dependency of a [
446 (b) to a cohabitant who is neglecting or abusing a child, in order to:
447 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
448 causes of neglect or abuse; and
449 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
450 (c) in cases where the child's welfare is endangered:
451 (i) to bring the situation to the attention of the appropriate juvenile court and law
452 enforcement agency;
453 (ii) to cause a protective order to be issued for the protection of the [
454 appropriate; and
455 (iii) to protect the child from the circumstances that endanger the child's welfare
456 including, when appropriate:
457 (A) removal from the child's home;
458 (B) placement in substitute care; and
459 (C) petitioning the court for termination of parental rights.
460 (21) "Services to unwed parents" means social, educational, and medical services
461 arranged for or provided to unwed parents to help them plan for themselves and the unborn
463 (22) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
465 (23) "Shelter care" means the temporary care of [
466 minor in a nonsecure facility.
467 (24) "State" means:
468 (a) a state of the United States;
469 (b) the District of Columbia;
470 (c) the Commonwealth of Puerto Rico;
471 (d) the Virgin Islands;
472 (e) Guam;
473 (f) the Commonwealth of the Northern Mariana Islands; or
474 (g) a territory or possession administered by the United States.
475 (25) "Severe emotional abuse" means emotional abuse that causes or threatens to cause
476 serious harm to a [
477 (26) "Severe physical abuse" means physical abuse that causes or threatens to cause
478 serious harm to a [
479 (27) "State plan" means the written description of the programs for children, youth, and
480 family services administered by the division in accordance with federal law.
481 (28) "Status offense" means a violation of the law that would not be a violation but for
482 the age of the offender.
483 (29) "Substantiated" or "substantiation" means a judicial finding based on a
484 preponderance of the evidence that abuse or neglect occurred. Each allegation made or
485 identified in a given case shall be considered separately in determining whether there should be
486 a finding of substantiated.
487 (30) "Substitute care" means:
488 (a) the placement of a minor in a family home, group care facility, or other placement
489 outside the minor's own home, either at the request of a parent or other responsible relative, or
490 upon court order, when it is determined that continuation of care in the [
491 home would be contrary to the [
492 (b) services provided for a [
493 (c) the licensing and supervision of a substitute care facility.
494 (31) "Supported" means a finding by the division based on the evidence available at the
495 completion of an investigation that there is a reasonable basis to conclude that abuse, neglect,
496 or dependency occurred. Each allegation made or identified during the course of the
497 investigation shall be considered separately in determining whether there should be a finding of
499 (32) "Temporary custody," with regard to the division, means the custody of a child in
500 the division from the date of the shelter hearing until disposition.
501 (33) "Transportation services" means travel assistance given to an individual with
502 escort service, if necessary, to and from community facilities and resources as part of a service
504 (34) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
505 conclude that abuse or neglect occurred.
506 (35) "Unsupported" means a finding at the completion of an investigation that there is
507 insufficient evidence to conclude that abuse, neglect, or dependency occurred. However, a
508 finding of unsupported means also that the division worker did not conclude that the allegation
509 was without merit.
510 (36) "Without merit" means a finding at the completion of an investigation by the
511 division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or
512 that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
513 Section 3. Section 62A-4a-105 is amended to read:
514 62A-4a-105. Division responsibilities.
515 The division shall:
516 (1) administer services to [
517 services, domestic violence services, and all other responsibilities that the Legislature or the
518 executive director may assign to the division;
519 (2) establish standards for all contract providers of out-of-home care for [
520 minors and families;
521 (3) cooperate with the federal government in the administration of child welfare and
522 domestic violence programs and other human service activities assigned by the department;
523 (4) provide for the compilation of relevant information, statistics, and reports on child
524 and family service matters in the state;
525 (5) prepare and submit to the department, the governor, and the Legislature reports of
526 the operation and administration of the division in accordance with the requirements of
527 Sections 62A-4a-117 and 62A-4a-118 ;
528 (6) promote and enforce state and federal laws enacted for the protection of abused,
529 neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
530 accordance with the requirements of this chapter, unless administration is expressly vested in
531 another division or department of the state. In carrying out the provisions of this Subsection
532 (6), the division shall cooperate with the juvenile courts, the Division of Juvenile Justice
533 Services, and with all public and private licensed child welfare agencies and institutions to
534 develop and administer a broad range of services and supports. The division shall take the
535 initiative in all matters involving the protection of abused or neglected children if adequate
536 provisions have not been made or are not likely to be made, and shall make expenditures
537 necessary for the care and protection of those children, within the division's budget;
538 (7) provide substitute care for dependent, abused, neglected, and delinquent children,
539 establish standards for substitute care facilities, and approve those facilities;
540 (8) provide adoption assistance to persons adopting children with special needs under
541 Part 9, Adoption Assistance, of this chapter. The financial support provided under this
542 Subsection (8) may not exceed the amounts the division would provide for the child as a legal
543 ward of the state;
544 (9) cooperate with the Employment Development Division in the Department of
545 Workforce Services in meeting social and economic needs of individuals eligible for public
547 (10) conduct court-ordered home evaluations for the district and juvenile courts with
548 regard to child custody issues. The court shall order either or both parties to reimburse the
549 division for the cost of that evaluation, in accordance with the community rate for that service
550 or with the department's fee schedule rate;
551 (11) provide noncustodial and in-home preventive services, designed to prevent family
552 breakup, family preservation services, and reunification services to families whose children are
553 in substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a,
554 Juvenile Court Act of 1996;
555 (12) provide protective supervision of a family, upon court order, in an effort to
556 eliminate abuse or neglect of a child in that family;
557 (13) establish programs and provide services to minors who have been placed in the
558 custody of the division for reasons other than abuse or neglect, pursuant to Section
559 62A-4a-250 ;
560 (14) provide shelter care in accordance with the requirements of this chapter and Title
561 78, Chapter 3a, Juvenile Court Act of 1996;
562 (15) provide social studies and reports for the juvenile court in accordance with Section
563 78-3a-505 ;
564 (16) arrange for and provide training for staff and providers involved in the
565 administration and delivery of services offered by the division in accordance with this chapter;
566 (17) provide domestic violence services in accordance with the requirements of federal
567 law, and establish standards for all direct or contract providers of domestic violence services.
568 Within appropriations from the Legislature, the division shall provide or contract for a variety
569 of domestic violence services and treatment methods;
570 (18) ensure regular, periodic publication, including electronic publication, regarding
571 the number of children in the custody of the division who have a permanency goal of adoption,
572 or for whom a final plan of termination of parental rights has been approved, pursuant to
573 Section 78-3a-312 , and promote adoption of those children;
574 (19) provide protective services to victims of domestic violence, as defined in Section
575 77-36-1 , and their children, in accordance with the provisions of this chapter and of Title 78,
576 Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings;
577 (20) refer an individual receiving services from the division to the local substance
578 abuse authority or other private or public resource for court-ordered drug screening test. The
579 court shall order the individual to pay all costs of the tests unless:
580 (a) the cost of the drug screening is specifically funded or provided for by other federal
581 or state programs;
582 (b) the individual is a participant in a drug court; or
583 (c) the court finds that the individual is impecunious;
584 (21) have authority to contract with a private, nonprofit organization to recruit and train
585 foster care families and child welfare volunteers in accordance with Section 62A-4a-107.5 ; and
586 (22) perform such other duties and functions as required by law.
587 Section 4. Section 62A-4a-110 is amended to read:
588 62A-4a-110. Receipt of gifts -- Volunteer services.
589 (1) The division may receive gifts, grants, devises, and donations. These gifts, grants,
590 devises, donations, or their proceeds shall be credited to the program which the donor
591 designates and may be used for the purposes requested by the donor, if the request conforms to
592 state and federal policy. If a donor makes no specific request, the division may use the gift,
593 grant, devise, or donation for the best interest of the division.
594 (2) The division may:
595 (a) accept and use volunteer labor or services of applicants, recipients, and other
596 members of the community. The division may reimburse volunteers for necessary expenses,
597 including transportation, and provide recognition awards and recognition meals for services
598 rendered. The division may cooperate with volunteer organizations in collecting funds to be
599 used in the volunteer program. Those donated funds shall be considered as private, nonlapsing
600 funds until used by the division, and may be invested under guidelines established by the state
602 (b) encourage merchants and providers of services to donate goods and services or to
603 provide them at a nominal price or below cost;
604 (c) distribute goods to applicants or consumers free or for a nominal charge and tax
605 free; and
606 (d) appeal to the public for funds to meet applicants' and consumers' needs which are
607 not otherwise provided for by law. Those appeals may include Sub-for-Santa Programs,
608 recreational programs for [
609 repairs, under policies established by the board.
610 Section 5. Section 62A-4a-116.1 is amended to read:
611 62A-4a-116.1. Supported finding of severe types of abuse or neglect -- Notation in
612 Licensing Information System -- Juvenile court petition or notice to alleged perpetrator --
613 Rights of alleged perpetrator -- Juvenile court finding.
614 (1) If the division makes a supported finding of one or more of the severe types of child
615 abuse or neglect described in Subsection (2), the division shall:
616 (a) (i) serve notice of the finding on the alleged perpetrator; and
617 (ii) enter the following information into the Licensing Information System created in
618 Section 62A-4a-116.2 :
619 (A) the name and other identifying information of the perpetrator with the supported
620 finding, without identifying the person as a perpetrator or alleged perpetrator; and
621 (B) a notation to the effect that an investigation regarding the person is pending; and
622 (b) if the division considers it advisable, file a petition for substantiation within one
623 year of the supported finding.
624 (2) Except as otherwise provided in Subsection (3), the severe types of child abuse or
625 neglect referred to in Subsection (1) are as follows:
626 (a) if committed by a person 18 years of age or older:
627 (i) severe or chronic physical abuse;
628 (ii) sexual abuse;
629 (iii) sexual exploitation;
630 (iv) abandonment;
631 (v) medical neglect resulting in death, disability, or serious illness;
632 (vi) chronic or severe neglect; or
633 (vii) chronic or severe emotional abuse; or
634 (b) if committed by a [
635 (i) serious physical injury, as defined in Subsection 76-5-109 (1)(d), to another child
636 which indicates a significant risk to other children; or
637 (ii) sexual behavior with or upon another child which indicates a significant risk to
638 other children.
639 (3) Severe child abuse or neglect in Subsection (2) does not include:
640 (a) the use of reasonable and necessary physical restraint or force by an educator in
641 accordance with Subsection 53A-11-802 (2) or Section 76-2-401 ;
642 (b) a person's conduct that:
643 (i) is justified under Section 76-2-401 ; or
644 (ii) constitutes the use of reasonable and necessary physical restraint or force in
645 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
646 other dangerous object in the possession or under the control of a child or to protect the child or
647 another person from physical injury; or
648 (c) a health care decision made for a child by the child's parent or guardian, unless the
649 state or other party to the proceeding shows, by clear and convincing evidence, that the health
650 care decision is not reasonable and informed.
651 (4) (a) For purposes of Subsection (2)(b), "significant risk" shall be determined in
652 accordance with risk assessment tools and rules established by the division that focus on:
653 (i) age;
654 (ii) social factors;
655 (iii) emotional factors;
656 (iv) sexual factors;
657 (v) intellectual factors;
658 (vi) family risk factors; and
659 (vii) other related considerations.
660 (b) The division shall train its child protection workers to apply the risk assessment
661 tools and rules established under Subsection (4)(a).
662 (5) The notice referred to in Subsection (1) (a) shall state that:
663 (a) the division has conducted an investigation regarding alleged child abuse or
665 (b) the division has made a supported finding of one of the severe types of child abuse
666 or neglect described in Subsection (2);
667 (c) facts gathered by the division support the supported finding;
668 (d) as a result of the supported finding, the alleged perpetrator's name and other
669 identifying information have been listed in the Licensing Information System in accordance
670 with Subsection (1)(a);
671 (e) the alleged perpetrator may be disqualified from adopting a child or being licensed
673 (i) the department;
674 (ii) a human services licensee;
675 (iii) a child care provider or program; and
676 (iv) a covered health care facility;
677 (f) the alleged perpetrator has the rights described in Subsection (6); and
678 (g) failure to take either action described in Subsection (6)(a) within one year after
679 service of the notice will result in the action described in Subsection (6)(b).
680 (6) (a) Upon receipt of the notice described in Subsection (5), the alleged perpetrator
681 shall have the right to:
682 (i) file a written request asking the division to review the findings under Subsection
684 (ii) immediately petition the juvenile court under Section 78-3a-320 ; or
685 (iii) sign a written consent to the supported finding and entry of the alleged
686 perpetrator's name and other information regarding the supported finding of abuse or neglect
687 into the Licensing Information System.
688 (b) If the alleged perpetrator fails to take action as described in Subsection (6)(a)
689 within one year after service of the notice described in Subsection (5), the alleged perpetrator's
690 name and the notation described in Subsection (1)(a) shall remain in the Licensing Information
691 System. This information shall also remain in the Licensing Information System while the
692 division awaits a response from the alleged perpetrator pursuant to Subsection (6)(a) and
693 during the pendency of any proceeding, including an appeal of a finding of unsubstantiated or
694 without merit, under Section 78-3a-320 .
695 (c) The alleged perpetrator shall have no right to petition the juvenile court under
696 Subsection (6)(b) if the court has previously held a hearing on the same alleged incident of
697 abuse or neglect pursuant to the filing of a petition under Section 78-3a-305 by some other
699 (d) Consent under Subsection (6)(a)(iii) by a [
701 (7) Upon the filing of a petition under Subsection (1)(b), the juvenile court shall make
702 a finding of substantiated, unsubstantiated, or without merit as provided in Subsections
703 78-3a-320 (1) and (2).
704 (8) Service of the notice under Subsections (1) (a) and (5):
705 (a) shall be personal service in accordance with Rule 4 of the Utah Rules of Civil
706 Procedure; and
707 (b) does not preclude civil or criminal action against the alleged perpetrator.
708 (9) Nothing in Subsection (3)(c) may prohibit a parent or guardian from exercising the
709 right to obtain a second health care opinion.
710 Section 6. Section 62A-4a-120 is amended to read:
711 62A-4a-120. Accommodation of moral and religious beliefs and culture.
712 (1) The division shall adopt rules in accordance with Title 63, Chapter 46a, Utah
713 Administrative Rulemaking Act, and establish procedures to accommodate the moral and
714 religious beliefs, and culture, of the [
715 (a) the immediate family and other relatives of a [
716 otherwise under the jurisdiction of the court;
717 (b) foster and other out-of-home placement families; and
718 (c) adoptive families.
719 (2) The accommodation under Subsection (1) applies to placements, treatment plans,
720 services, and other activities of the division.
721 Section 7. Section 62A-4a-202.1 is amended to read:
722 62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
723 -- Caseworker accompanied by peace officer -- Preventive services -- Shelter care or
724 emergency kinship.
725 (1) A state officer, peace officer, or child welfare worker may not enter the home of a
728 (a) the state officer, peace officer, or child welfare worker has obtained:
729 (i) the consent of the [
730 (ii) a court order issued under Section 78-3a-106 ; or
731 (b) there exist exigent circumstances.
732 (2) A child welfare worker within the division may take action under Subsection (1)
733 accompanied by a peace officer, or without a peace officer when a peace officer is not
734 reasonably available.
735 (3) If possible, consistent with the [
737 services reasonably available to the worker which, if provided to the [
738 to the [
739 the [
740 utilized. In determining whether services are reasonably available, and in making reasonable
741 efforts to provide those services, the [
742 worker's paramount concern.
743 (4) (a) A [
744 placed or kept in a secure detention facility pending court proceedings unless the [
745 is detainable based on guidelines promulgated by the Division of Juvenile Justice Services.
746 (b) A [
747 guardian but who does not require physical restriction shall be given temporary care in:
748 (i) a shelter facility; or
749 (ii) an emergency kinship placement in accordance with Section 62A-4a-209 .
750 Section 8. Section 62A-4a-202.2 is amended to read:
751 62A-4a-202.2. Notice to parents upon removal of child -- Locating noncustodial
752 parent -- Written statement of procedural rights and preliminary proceedings.
753 (1) (a) Any peace officer or caseworker who takes a [
754 custody pursuant to Section 62A-4a-202.1 shall immediately use reasonable efforts to locate
755 and inform, through the most efficient means available, the parents, including a noncustodial
756 parent, the guardian, or responsible relative:
757 (i) that the [
758 (ii) the reasons for removal and placement in protective custody;
759 (iii) that a written statement is available that explains the parent's procedural rights and
760 the preliminary stages of the investigation and shelter hearing; and
761 (iv) of a telephone number where the parent may access further information.
762 (b) For purposes of locating and informing the noncustodial parent as required in
763 Subsection (1)(a), the division shall search for the noncustodial parent through the national
764 parent locator database if the division is unable to locate the noncustodial parent through other
765 reasonable efforts.
766 (2) The attorney general's office shall adopt, print, and distribute a form for the written
767 statement described in Subsection (1)(a)(iii). The statement shall be made available to the
768 division and for distribution in schools, health care facilities, local police and sheriff's offices,
769 the division, and any other appropriate office within the Department of Human Services. The
770 notice shall be in simple language and include at least the following information:
771 (a) the conditions under which a [
772 required, and the means by which the parent may access further specific information about a
774 (b) the rights of a [
776 (3) If a good faith attempt was made by the peace officer or caseworker to notify the
777 parent or guardian in accordance with the requirements of Subsection (1), failure to notify shall
778 be considered to be due to circumstances beyond the control of the peace officer or caseworker
779 and may not be construed to permit a new defense to any juvenile or judicial proceeding or to
780 interfere with any rights, procedures, or investigations provided for by this chapter or Title 78,
781 Chapter 3a, Juvenile [
782 Section 9. Section 62A-4a-202.3 is amended to read:
783 62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
784 protective custody.
785 (1) When a child is taken into protective custody in accordance with Section
786 62A-4a-202.1 , 78-3a-106 , or 78-3a-301 , or when the division takes any other action which
787 would require a shelter hearing under Subsection 78-3a-306 (1), the division shall immediately
788 initiate an investigation of the:
789 (a) circumstances of the [
790 (b) grounds upon which the decision to place the [
791 was made.
792 (2) The division's investigation shall conform to reasonable professional standards, and
793 shall include:
794 (a) a search for and review of any records of past reports of abuse or neglect involving:
795 (i) the same child;
796 (ii) any sibling or other child residing in the same household as the child; and
797 (iii) the alleged perpetrator;
798 (b) with regard to a child who is five years of age or older, a personal interview with
799 the child:
800 (i) outside of the presence of the alleged perpetrator; and
801 (ii) conducted in accordance with the requirements of Subsection (7);
802 (c) if a parent or guardian can be located, an interview with at least one of the child's
803 parents or guardian;
804 (d) an interview with the person who reported the abuse, unless the report was made
806 (e) where possible and appropriate, interviews with other third parties who have had
807 direct contact with the child, including:
808 (i) school personnel; and
809 (ii) the child's health care provider;
810 (f) an unscheduled visit to the child's home, unless:
811 (i) the division has reasonable cause to believe that the reported abuse was committed
812 by a person who:
813 (A) is not the child's parent; and
814 (B) does not:
815 (I) live in the child's home; or
816 (II) otherwise have access to the child in the child's home; or
817 (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
818 (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
819 failure to meet the child's medical needs, a medical examination, obtained no later than 24
820 hours after the child is placed in protective custody.
821 (3) The division may rely on a written report of a prior interview rather than
822 conducting an additional interview, if:
823 (a) law enforcement:
824 (i) previously conducted a timely and thorough investigation regarding the alleged
825 abuse, neglect, or dependency; and
826 (ii) produced a written report;
827 (b) the investigation described in Subsection (3)(a)(i) included one or more of the
828 interviews required by Subsection (2); and
829 (c) the division finds that an additional interview is not in the best interest of the child.
830 (4) (a) The division's determination of whether a report is supported or unsupported
831 may be based on the child's statements alone.
832 (b) Inability to identify or locate the perpetrator may not be used by the division as a
833 basis for:
834 (i) determining that a report is unsupported; or
835 (ii) closing the case.
836 (c) The division may not determine a case to be unsupported or identify a case as
837 unsupported solely because the perpetrator was an out-of-home perpetrator.
838 (d) Decisions regarding whether a report is supported, unsupported, or without merit
839 shall be based on the facts of the case at the time the report was made.
840 (5) The division should maintain protective custody of the child if it finds that one or
841 more of the following conditions exist:
842 (a) the [
843 who is able and willing to provide safe and appropriate care for the [
844 (b) (i) shelter of the [
846 (ii) there are no reasonable means by which the [
847 (A) the [
848 (B) the home of a responsible relative;
849 (c) there is substantial evidence that the parent or guardian is likely to flee the
850 jurisdiction of the court; or
851 (d) the [
852 (6) (a) Within 24 hours after receipt of a child into protective custody, excluding
853 weekends and holidays, the division shall:
854 (i) convene a child protection team to review the circumstances regarding removal of
855 the child from the child's home or school; and
856 (ii) prepare the testimony and evidence that will be required of the division at the
857 shelter hearing, in accordance with Section 78-3a-306 .
858 (b) The child protection team described in Subsection (6)(a)(i) shall include:
859 (i) the caseworker assigned to the case;
860 (ii) the caseworker who made the decision to remove the child;
861 (iii) a representative of the school or school district where the child attends school;
862 (iv) the peace officer who removed the child from the home;
863 (v) a representative of the appropriate Children's Justice Center, if one is established
864 within the county where the child resides;
865 (vi) if appropriate, and known to the division, a therapist or counselor who is familiar
866 with the child's circumstances; and
867 (vii) any other individuals determined appropriate and necessary by the team
868 coordinator and chair.
869 (c) At the 24-hour meeting, the division shall have available for review and
870 consideration the complete child protective services and foster care history of the child and the
871 child's parents and siblings.
872 (7) (a) After receipt of a child into protective custody and prior to the adjudication
873 hearing, all investigative interviews with the child that are initiated by the division shall be:
874 (i) audio or video taped; and
875 (ii) except as provided in Subsection (7)(b), conducted with a support person of the
876 child's choice present.
877 (b) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
878 interview of a child may not be an alleged perpetrator.
879 (8) The division shall cooperate with law enforcement investigations regarding the
880 alleged perpetrator.
881 (9) The division may not close an investigation solely on the grounds that the division
882 investigator is unable to locate the child until all reasonable efforts have been made to locate
883 the child and family members including:
884 (a) visiting the home at times other than normal work hours;
885 (b) contacting local schools;
886 (c) contacting local, county, and state law enforcement agencies; and
887 (d) checking public assistance records.
888 Section 10. Section 62A-4a-402 is amended to read:
889 62A-4a-402. Definitions.
890 As used in this part:
891 (1) "A person responsible for a child's care" means the child's parent, guardian, or other
892 person responsible for the child's care, whether in the same home as the child, a relative's
893 home, a group, family, or center day care facility, a foster care home, or a residential
897 health or welfare.
899 physical or emotional health and welfare of a child through neglect or abuse, and includes but
900 is not limited to:
901 (a) causing nonaccidental physical or mental injury;
902 (b) incest;
903 (c) sexual abuse;
904 (d) sexual exploitation;
905 (e) molestation; or
906 (f) repeated negligent treatment or maltreatment.
908 knows to be his or her ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first
909 cousin. The relationships referred to in this subsection include blood relationships of the whole
910 or half blood without regard to legitimacy, and include relationships of parent and child by
911 adoption, and relationships of stepparent and stepchild while the marriage creating the
912 relationship of a stepparent and stepchild exists.
914 otherwise taking indecent liberties with a child, or causing a child to take indecent liberties
915 with the perpetrator or another with the intent to arouse or gratify the sexual desire of any
918 molestation directed towards a child.
920 persuading, inducing, enticing or coercing any [
921 of sexual arousal of any person or for profit, or to engage in any sexual or simulated sexual
922 conduct for the purpose of photographing, filming, recording, or displaying in any way the
923 sexual or simulated sexual conduct, and includes displaying, distributing, possessing for the
924 purpose of distribution, or selling material depicting [
925 sexual or simulated sexual conduct.
927 including, but not limited to, a child, parent, guardian, or other person responsible for a child's
929 Section 11. Section 62A-4a-412 is amended to read:
930 62A-4a-412. Reports and information confidential.
931 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
932 well as any other information in the possession of the division obtained as the result of a report
933 are private, protected, or controlled records under Title 63, Chapter 2, Government Records
934 Access and Management Act, and may only be made available to:
935 (a) a police or law enforcement agency investigating a report of known or suspected
936 child abuse or neglect;
937 (b) a physician who reasonably believes that a child may be the subject of abuse or
939 (c) an agency that has responsibility or authority to care for, treat, or supervise a [
940 minor who is the subject of a report;
941 (d) a contract provider that has a written contract with the division to render services to
942 a [
943 (e) any subject of the report, the natural parents of the [
944 ad litem;
945 (f) a court, upon a finding that access to the records may be necessary for the
946 determination of an issue before the court, provided that in a divorce, custody, or related
947 proceeding between private parties, the record alone is:
948 (i) limited to objective or undisputed facts that were verified at the time of the
949 investigation; and
950 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
951 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
952 neglect of another person;
953 (g) an office of the public prosecutor or its deputies in performing an official duty;
954 (h) a person authorized by a Children's Justice Center, for the purposes described in
955 Section 67-5b-102 ;
956 (i) a person engaged in bona fide research, when approved by the director of the
957 division, if the information does not include names and addresses;
958 (j) the State Office of Education, acting on behalf of itself or on behalf of a school
959 district, for the purpose of evaluating whether an individual should be permitted to obtain or
960 retain a license as an educator or serve as an employee or volunteer in a school, limited to
961 information with substantiated findings involving an alleged sexual offense, an alleged felony
962 or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
963 Chapter 5, Offenses Against the Person, and with the understanding that the office must
964 provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
965 to the report before making a decision concerning licensure or employment;
966 (k) any person identified in the report as a perpetrator or possible perpetrator of child
967 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
968 (l) a person filing a petition for a child protective order on behalf of a [
969 who is the subject of the report; and
970 (m) a licensed child-placing agency or person who is performing a preplacement
971 adoptive evaluation in accordance with the requirements of Section 78-30-3.5 .
972 (2) (a) A person, unless listed in Subsection (1), may not request another person to
973 obtain or release a report or any other information in the possession of the division obtained as
974 a result of the report that is available under Subsection (1)(k) to screen for potential
975 perpetrators of child abuse or neglect.
976 (b) A person who requests information knowing that it is a violation of Subsection
977 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
978 (3) (a) Except as provided in Section 62A-4a-116.3 and Subsection (3)(b), the division
979 and law enforcement officials shall ensure the anonymity of the person or persons making the
980 initial report and any others involved in its subsequent investigation.
981 (b) Notwithstanding any other provision of law, excluding Section 78-3a-314 , but
982 including this chapter and Title 63, Chapter 2, Government Records Access and Management
983 Act, when the division makes a report or other information in its possession available under
984 Subsection (1)(e) to a subject of the report or a parent of a [
985 remove from the report or other information only the names, addresses, and telephone numbers
986 of individuals or specific information that could:
987 (i) identify the referent;
988 (ii) impede a criminal investigation; or
989 (iii) endanger a person's safety.
990 (4) Any person who wilfully permits, or aides and abets the release of data or
991 information obtained as a result of this part, in the possession of the division or contained on
992 any part of the Management Information System, in violation of this part or Sections
993 62A-4a-116 through 62A-4a-116.3 , is guilty of a class C misdemeanor.
994 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
995 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
996 good faith pursuant to this part.
997 (6) A child-placing agency or person who receives a report in connection with a
998 preplacement adoptive evaluation pursuant to Section 78-30-3.5 :
999 (a) may provide this report to the person who is the subject of the report; and
1000 (b) may provide this report to a person who is performing a preplacement adoptive
1001 evaluation in accordance with the requirement of Section 78-30-3.5 , or to a licensed
1002 child-placing agency or to an attorney seeking to facilitate an adoption.
1003 Section 12. Section 62A-4a-601 is amended to read:
1004 62A-4a-601. Definitions.
1005 For purposes of this part:
1008 (a) receiving, accepting, or providing custody or care for a child, temporarily or
1009 permanently, for the purpose of finding a person to adopt the child; or
1010 (b) placing a child, temporarily or permanently, in a home for adoption or substitute
1013 association, or group children's home that engages in child placing.
1014 Section 13. Section 78-3a-102 is amended to read:
1015 78-3a-102. Establishment of juvenile court -- Organization and status of court --
1017 (1) There is established for the state a juvenile court.
1018 (2) The juvenile court is a court of record. It shall have a seal, and its judges, clerks,
1019 and referees have the power to administer oaths and affirmations.
1020 (3) The juvenile court is of equal status with the district courts of the state.
1021 (4) The juvenile court is established as a forum for the resolution of all matters
1022 properly brought before it, consistent with applicable constitutional and statutory requirements
1023 of due process.
1024 (5) The purpose of the court under this chapter is to:
1025 (a) promote public safety and individual accountability by the imposition of
1026 appropriate sanctions on persons who have committed acts in violation of law;
1027 (b) order appropriate measures to promote guidance and control, preferably in the
1028 minor's own home, as an aid in the prevention of future unlawful conduct and the development
1029 of responsible citizenship;
1030 (c) where appropriate, order rehabilitation, reeducation, and treatment for persons who
1031 have committed acts bringing them within the court's jurisdiction;
1032 (d) adjudicate matters that relate to minors who are beyond parental or adult control
1033 and to establish appropriate authority over these minors by means of placement and control
1035 (e) adjudicate matters that relate to abused, neglected, and dependent [
1036 and to provide care and protection for [
1038 (f) remove a minor from parental custody only where the minor's safety or welfare, or
1039 the public safety, may not otherwise be adequately safeguarded; and
1040 (g) consistent with the ends of justice, act in the best interests of the minor in all cases
1041 and preserve and strengthen family ties.
1042 Section 14. Section 78-3a-103 is amended to read:
1043 78-3a-103. Definitions.
1044 (1) As used in this chapter:
1045 (a) "Abused child" includes a [
1046 (i) has suffered or been threatened with nonaccidental physical or mental harm,
1047 negligent treatment, or sexual exploitation; or
1048 (ii) has been the victim of any sexual abuse.
1049 (b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
1050 alleged in the petition have been proved.
1051 (c) "Adult" means a person 18 years of age or over, except that [
1052 years or over under the continuing jurisdiction of the juvenile court pursuant to Section
1053 78-3a-121 shall be referred to as [
1054 (d) "Board" means the Board of Juvenile Court Judges.
1055 (e) "Child" means a person under 18 years of age.
1057 (i) a private agency licensed to receive [
1058 under this code; or
1059 (ii) a private agency [
1060 in another state, which agency is licensed or approved where such license or approval is
1061 required by law.
1063 (i) with respect to a child, to transfer legal custody[
1064 (ii) with respect to a minor who is at least 18 years of age, to transfer custody.
1067 care through no fault of the [
1069 parent or the parents or a previous legal custodian to another person, agency, or institution.
1071 62A-7-101 for the temporary care of [
1072 in a physically restricting [
1073 (i) pending court disposition or transfer to another jurisdiction; or
1074 (ii) while under the continuing jurisdiction of the court.
1077 informing the court that a minor is or appears to be within the court's jurisdiction and that a
1078 petition may be filed.
1080 one or more persons in the group, depending upon the recommendation of the therapist.
1082 enlistment in the armed forces, to major medical, surgical, or psychiatric treatment, and to legal
1083 custody, if legal custody is not vested in another person, agency, or institution.
1085 53A-11-101 .
1094 (i) the right to physical custody of the minor;
1095 (ii) the right and duty to protect, train, and discipline the minor;
1096 (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1097 medical care;
1098 (iv) the right to determine where and with whom the minor shall live; and
1099 (v) the right, in an emergency, to authorize surgery or other extraordinary care.
1102 (i) a child; or
1103 (ii) a person who is:
1104 (A) at least 18 years of age and younger than 21 years of age; and
1105 (B) under the jurisdiction of the juvenile court.
1107 the minor's noncustodial parent.
1109 (A) whose parent, guardian, or custodian has abandoned the [
1110 provided in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child;
1111 (B) whose parent, guardian, or custodian has subjected the [
1112 mistreatment or abuse;
1113 (C) who lacks proper parental care by reason of the fault or habits of the parent,
1114 guardian, or custodian;
1115 (D) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
1116 subsistence, education, or medical care, including surgery or psychiatric services when
1117 required, or any other care necessary for health, safety, morals, or well-being; or
1118 (E) who is at risk of being a neglected or abused child as defined in this chapter
1119 because another [
1120 this chapter.
1121 (ii) The aspect of neglect related to education, described in Subsection [
1122 (1)(t)(i)(D), means that, after receiving notice that a [
1123 from school without good cause, or that the [
1124 authorities in a reasonable manner, a parent or guardian fails to make a good faith effort to
1125 ensure that the [
1126 (iii) A parent or guardian legitimately practicing religious beliefs and who, for that
1127 reason, does not provide specified medical treatment for a [
1129 (iv) Notwithstanding Subsection [
1130 child by the child's parent or guardian does not constitute neglect unless the state or other party
1131 to the proceeding shows, by clear and convincing evidence, that the health care decision is not
1132 reasonable and informed.
1133 (v) Nothing in Subsection [
1134 exercising the right to obtain a second health care opinion.
1136 officer without judicial determination upon the consent in writing of:
1137 (i) the assigned probation officer; and
1138 (ii) (A) the minor; or
1139 (B) the minor[
1142 adjudication on the ground of a violation of law or under Section 78-3a-104 , whereby the
1143 minor is permitted to remain in the minor's home under prescribed conditions and under
1144 supervision by the probation department or other agency designated by the court, subject to
1145 return to the court for violation of any of the conditions prescribed.
1147 an adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted
1148 to remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
1149 dependency is provided by the probation department or other agency designated by the court.
1151 remaining with the parent after legal custody or guardianship, or both, have been vested in
1152 another person or agency, including:
1153 (A) the responsibility for support;
1154 (B) the right to consent to adoption;
1155 (C) the right to determine the child's religious affiliation; and
1156 (D) the right to reasonable parent-time unless restricted by the court.
1157 (ii) If no guardian has been appointed, "residual parental rights and duties" also include
1158 the right to consent to:
1159 (A) marriage;
1160 (B) enlistment; and
1161 (C) major medical, surgical, or psychiatric treatment.
1163 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
1164 youth offenders committed to the division for custody and rehabilitation.
1166 unrestricted [
1168 of intervention than standard probation but is less intensive or restrictive than a community
1169 placement with the Division of Juvenile Justice Services.
1171 62A-4a-101 (29).
1173 62A-4a-101 (31).
1175 parental rights and duties, including residual parental rights and duties, by court order.
1177 purpose of conducting psychological treatment and counseling of a minor in its custody, or any
1178 other person licensed or approved by the state for the purpose of conducting psychological
1179 treatment and counseling.
1181 62A-4a-101 (34).
1183 62A-4a-101 (36).
1184 (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
1185 Division of Child and Family Services:
1186 (a) "Custody" means the custody of a minor in the Division of Child and Family
1187 Services as of the date of disposition.
1188 (b) "Protective custody" means the shelter of a [
1189 and Family Services from the time the [
1190 (i) the shelter hearing; or
1191 (ii) the [
1192 (c) "Temporary custody" means the custody of a [
1193 and Family Services from the date of the shelter hearing until disposition.
1194 Section 15. Section 78-3a-104 is amended to read:
1195 78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
1196 (1) Except as otherwise provided by law, the juvenile court has exclusive original
1197 jurisdiction in proceedings concerning:
1198 (a) a H. [
1198a ordinance or a
1199 person younger than 21 years of age who has violated any law or ordinance before becoming
1200 18 years of age, regardless of where the violation occurred, excluding traffic laws and boating
1201 and ordinances;
1202 (b) a person 21 years of age or older who has failed or refused to comply with an order
1203 of the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's
1204 21st birthday; however, the continuing jurisdiction is limited to causing compliance with
1205 existing orders;
1206 (c) a [
1207 terms are defined in Section 78-3a-103 ;
1208 (d) a protective order for a [
1209 3h, Child Protective Orders, which the juvenile court may transfer to the district court if the
1210 juvenile court has entered an ex parte protective order and finds that:
1211 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1212 parent of the child who is the object of the petition;
1213 (ii) the district court has a petition pending or an order related to custody or parent-time
1214 entered under Title 30, Chapter 3, Divorce, Title 30, Chapter 6, Cohabitant Abuse Act, or Title
1215 78, Chapter [
1216 respondent are parties; and
1217 (iii) the best interests of the child will be better served in the district court;
1218 (e) appointment of a guardian of the person or other guardian of a minor who comes
1219 within the court's jurisdiction under other provisions of this section;
1220 (f) the termination of the legal parent-child relationship in accordance with Part 4,
1221 Termination of Parental Rights Act, including termination of residual parental rights and
1223 (g) the treatment or commitment of a mentally retarded minor;
1224 (h) a minor who is a habitual truant from school;
1225 (i) the judicial consent to the marriage of a [
1226 determination of voluntariness or where otherwise required by law, employment, or enlistment
1227 of a [
1228 (j) any parent or parents of a H. [
1228a corrections facility, to
1229 order, at the discretion of the court and on the recommendation of a secure [
1230 facility, the parent or parents of a H. [
1230a facility for a
1231 custodial term, to undergo group rehabilitation therapy under the direction of a secure [
1233 other therapist the court may direct, for a period directed by the court as recommended by a
1234 secure [
1235 (k) a minor under Title 55, Chapter 12, Interstate Compact [
1236 (l) the treatment or commitment of a mentally ill child. The court may commit a child
1237 to the physical custody of a local mental health authority in accordance with the procedures and
1238 requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to
1239 Division of Substance Abuse and Mental Health. The court may not commit a child directly to
1240 the Utah State Hospital;
1241 (m) the commitment of a [
1242 (n) de novo review of final agency actions resulting from an informal adjudicative
1243 proceeding as provided in Section 63-46b-15 ; and
1244 (o) adoptions conducted in accordance with the procedures described in Title 78,
1245 Chapter 30, Adoption, when the juvenile court has previously entered an order terminating the
1246 rights of a parent and finds that adoption is in the best interest of the [
1247 (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
1248 jurisdiction over any traffic or boating offense committed by a [
1249 of age and concurrent jurisdiction over all other traffic or boating offenses committed by a
1251 over the following offenses committed by a [
1252 (a) Section 76-5-207 , automobile homicide;
1253 (b) Section 41-6a-502 , operating a vehicle while under the influence of alcohol or
1255 (c) Section 41-6a-528 , reckless driving or Section 73-18-12 , reckless operation;
1256 (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or
1257 semitrailer for an extended period of time; and
1258 (e) Section 41-6a-206 or 73-18-20 , fleeing a peace officer.
1259 (3) The court also has jurisdiction over traffic and boating offenses that are part of a
1260 single criminal episode filed in a petition that contains an offense over which the court has
1262 (4) The juvenile court has jurisdiction over an ungovernable or runaway [
1263 who is referred to it by the Division of Child and Family Services or by public or private
1264 agencies that contract with the division to provide services to that [
1265 earnest and persistent efforts by the division or agency, the [
1267 (a) is beyond the control of [
1268 school authorities to the extent that [
1269 child's own welfare or the welfare of others; or
1270 (b) has run away from home.
1271 (5) This section does not restrict the right of access to the juvenile court by private
1272 agencies or other persons.
1273 (6) The juvenile court has jurisdiction of all magistrate functions relative to cases
1274 arising under Section 78-3a-602 .
1275 (7) The juvenile court has jurisdiction to make a finding of substantiated,
1276 unsubstantiated, or without merit, in accordance with Section 78-3a-320 .
1277 Section 16. Section 78-3a-105 is amended to read:
1278 78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
1279 (1) The district court or other court has concurrent jurisdiction with the juvenile court
1280 as follows:
1281 (a) when a person who is 18 years of age or older and who is under the continuing
1282 jurisdiction of the juvenile court under Section 78-3a-118 violates any federal, state, or local
1283 law or municipal ordinance; and
1284 (b) in establishing paternity and ordering testing for the purposes of establishing
1285 paternity, in accordance with Title 78, Chapter [
1287 Proceedings, or Part 4, Termination of Parental Rights Act.
1288 (2) The juvenile court has jurisdiction over petitions to modify a minor's birth
1289 certificate if the court otherwise has jurisdiction over the minor.
1290 (3) This section does not deprive the district court of jurisdiction to appoint a guardian
1291 for a [
1292 upon writ of habeas corpus or when the question of support, custody, and parent-time is
1293 incidental to the determination of a cause in the district court.
1294 (4) (a) Where a support, custody, or parent-time award has been made by a district
1295 court in a divorce action or other proceeding, and the jurisdiction of the district court in the
1296 case is continuing, the juvenile court may acquire jurisdiction in a case involving the same
1298 the jurisdiction of the juvenile court under Section 78-3a-104 .
1299 (b) The juvenile court may, by order, change the custody, subject to Subsection
1300 30-3-10 (4), support, parent-time, and visitation rights previously ordered in the district court as
1301 necessary to implement the order of the juvenile court for the safety and welfare of the [
1302 child. The juvenile court order remains in effect so long as the jurisdiction of the juvenile court
1304 (c) When a copy of the findings and order of the juvenile court has been filed with the
1305 district court, the findings and order of the juvenile court are binding on the parties to the
1306 divorce action as though entered in the district court.
1307 (5) The juvenile court has jurisdiction over questions of custody, support, and
1308 parent-time, of a minor who comes within the court's jurisdiction under this section or Section
1309 78-3a-104 .
1310 Section 17. Section 78-3a-106 is amended to read:
1311 78-3a-106. Search warrants and subpoenas -- Authority to issue.
1312 (1) The court has authority to issue search warrants, subpoenas, or investigative
1313 subpoenas in criminal cases, delinquency, and abuse, neglect, and dependency proceedings for
1314 the same purposes, in the same manner and pursuant to the same procedures set forth in the
1315 code of criminal procedure for the issuance of search warrants, subpoenas, or investigative
1316 subpoenas in other trial courts in the state.
1317 (2) (a) The court may issue a warrant authorizing a child protective services worker or
1318 peace officer to search for a child and take the child into protective custody if it appears to the
1319 court upon a verified petition, recorded sworn testimony or an affidavit sworn to by a peace
1320 officer or any other person, and upon the examination of other witnesses, if required by the
1321 judge, that there is probable cause to believe that:
1322 (i) there is an immediate threat to the safety of a child; and
1323 (ii) the applicant certifies to the court in writing or by recorded sworn testimony as to
1324 the efforts, if any, that have been made to give notice to the [
1325 and the reasons supporting the claim that notice and an opportunity to be heard should not be
1327 (b) A warrant removing a child from [
1328 effect of depriving a parent or guardian of the care, custody, and control of their [
1329 may not be issued without notice to the [
1330 unless the requirements of Subsections (2)(a)(i) and (ii) have been satisfied.
1331 (c) Pursuant to Section 77-23-210 , a peace officer making the search may enter a house
1332 or premises by force, if necessary, in order to remove the child.
1333 (d) The person executing the warrant shall then take the child to the place of shelter
1334 designated by the court.
1335 (3) The parent or guardian to be notified must be the [
1336 caregiver, or the person who has custody of the [
1337 Section 18. Section 78-3a-109 is amended to read:
1338 78-3a-109. Title of petition and other court documents -- Form and contents of
1339 petition -- Order for temporary custody -- Physical or psychological examination of
1340 minor, parent, or guardian -- Dismissal of petition.
1341 (1) The petition and all subsequent court documents in the proceeding shall be entitled:
1342 "State of Utah, in the interest of...................., a person under 18 years of age (or a
1343 person under 21 years of age)."
1344 (2) The petition shall be verified and statements in the petition may be made upon
1345 information and belief.
1346 (3) The petition shall be written in simple and brief language and include the facts
1347 which bring the minor within the jurisdiction of the court, as provided in Section 78-3a-104 .
1348 (4) The petition shall further state:
1349 (a) the name, age, and residence of the minor;
1350 (b) the names and residences of the minor's parents;
1351 (c) the name and residence of the guardian, if there is one;
1352 (d) the name and address of the nearest known relative, if no parent or guardian of a
1353 minor is known; and
1354 (e) the name and residence of the person having physical custody of the minor. If any
1355 of the facts required are not known by the petitioner, the petition shall so state.
1356 (5) At any time after a petition is filed, the court may make an order providing for
1357 temporary custody of the minor.
1358 (6) The court may order that a minor concerning whom a petition has been filed shall
1359 be examined by a physician, surgeon, psychiatrist, or psychologist and may place the minor in a
1360 hospital or other facility for examination. After notice and a hearing set for the specific
1361 purpose, the court may order a similar examination of a parent or guardian whose ability to care
1362 for a minor is at issue, if the court finds from the evidence presented at the hearing that the
1363 parent's or guardian's physical, mental, or emotional condition may be a factor in causing the
1364 neglect, dependency, or delinquency of the minor.
1365 (7) Pursuant to Rule 506(d)(3), Utah Rules of Evidence, examinations conducted
1366 pursuant to Subsection (6) are not privileged communications, but are exempt from the general
1367 rule of privilege.
1368 (8) The court may dismiss a petition at any stage of the proceedings.
1369 (9) If the petition is filed under Section 78-3a-305 or 78-3a-405 or if the matter is
1370 referred to the court under Subsection 78-3a-105 (5):
1371 (a) the court may require the parties to participate in mediation in accordance with Title
1372 78, Chapter 31b, Alternative Dispute Resolution; and
1373 (b) the Division of Child and Family Services or a party to the petition may request and
1374 the court may order the parties to participate in a family unity conference under the authority of
1375 the Division of Child and Family Services in accordance with Subsection (10).
1376 (10) (a) A family unity conference may be ordered by the court for any of the following
1378 (i) discussing and reviewing the case history;
1379 (ii) designing a service plan for the child and family, including concurrent planning;
1380 (iii) discussing a visitation schedule and rules for visitation;
1381 (iv) identifying possible kinship placements under the requirements of Subsection
1382 78-3a-307 (5), and designing services to support the kinship placement;
1383 (v) conflict resolution between the family and Division of Child and Family Services
1385 (vi) discussing child custody issues; or
1386 (vii) crisis clinical intervention to reduce trauma to the child and family.
1387 (b) The family unity conference may be attended by individuals chosen by the family
1388 and the Division of Child and Family Services, and may include extended family members,
1389 friends, clergy, service providers, and others who may support the family in keeping the child
1391 (c) A family unity conference may not be held in the following circumstances:
1392 (i) when there is a criminal charge pending in the case;
1393 (ii) to resolve petition disputes; and
1394 (iii) when a family unity conference may pose a threat to the safety of a child or other
1395 family member.
1396 (d) With regard to a family unity conference ordered by a court under Subsection
1398 (i) the requirements of Subsection 78-31b-7 (3)(b) apply except all parties to the
1400 (A) shall be given no less than five days notice of any recommendation made to the
1401 court from the family unity conference; and
1402 (B) shall be given an opportunity to be heard by the court; and
1403 (ii) the confidentiality requirements of Section 78-31b-8 apply, except that admissions
1404 by a party to the allegations on the petition are admissible at any proceeding.
1405 Section 19. Section 78-3a-110 is amended to read:
1406 78-3a-110. Summons -- Service and process -- Issuance and contents -- Notice to
1407 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
1408 process for attendance of witnesses when authorized.
1409 (1) After a petition is filed the court shall promptly issue a summons, unless the judge
1410 directs that a further investigation is needed. No summons is required as to any person who
1411 appears voluntarily or who files a written waiver of service with the clerk of the court at or
1412 prior to the hearing.
1413 (2) The summons shall contain:
1414 (a) the name of the court;
1415 (b) the title of the proceedings; and
1416 (c) except for a published summons, a brief statement of the substance of the
1417 allegations in the petition.
1418 (3) A published summons shall state:
1419 (a) that a proceeding concerning the minor is pending in the court; and
1420 (b) an adjudication will be made.
1421 (4) The summons shall require the person or persons who have physical custody of the
1422 minor to appear personally and bring the minor before the court at a time and place stated. If
1423 the person or persons summoned are not the parent, parents, or guardian of the minor, the
1424 summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
1425 them of the pendency of the case and of the time and place set for the hearing.
1426 (5) Summons may be issued requiring the appearance of any other person whose
1427 presence the court finds necessary.
1428 (6) If it appears to the court that the welfare of the minor or of the public requires that
1429 the minor be taken into custody, the court may by endorsement upon the summons direct that
1430 the person serving the summons take the minor into custody at once.
1431 (7) Upon the sworn testimony of one or more reputable physicians, the court may order
1432 emergency medical or surgical treatment that is immediately necessary for a minor concerning
1433 whom a petition has been filed pending the service of summons upon [
1434 guardian, or custodian.
1435 (8) A parent or guardian is entitled to the issuance of compulsory process for the
1436 attendance of witnesses on [
1437 A guardian ad litem or a probation officer is entitled to compulsory process for the attendance
1438 of witnesses on behalf of the minor.
1439 (9) Service of summons and process and proof of service shall be made in the manner
1440 provided in the Utah Rules of Civil Procedure.
1441 (10) Service of summons or process shall be made by the sheriff of the county where
1442 the service is to be made, or by his deputy; but upon request of the court service shall be made
1443 by any other peace officer, or by another suitable person selected by the court.
1444 (11) Service of summons in the state shall be made personally, by delivering a copy to
1445 the person summoned; provided, however, that parents of a minor living together at their usual
1446 place of abode may both be served by personal delivery to either parent of copies of the
1447 summons, one copy for each parent.
1448 (12) If the judge makes a written finding that he has reason to believe that personal
1449 service of the summons will be unsuccessful, or will not accomplish notification within a
1450 reasonable time after issuance of the summons, he may order service by registered mail, with a
1451 return receipt to be signed by the addressee only, to be addressed to the last-known address of
1452 the person to be served in the state. Service shall be complete upon return to the court of the
1453 signed receipt.
1454 (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
1455 cannot be found within the state, the fact of their minor's presence within the state shall confer
1456 jurisdiction on the court in proceedings in a minor's [
1457 absent parent or guardian, provided that due notice has been given in the following manner:
1458 (a) If the address of the parent or guardian is known, due notice is given by sending
1459 him a copy of the summons by registered mail with a return receipt to be signed by the
1460 addressee only, or by personal service outside the state, as provided in the Utah Rules of Civil
1461 Procedure. Service by registered mail shall be complete upon return to the court of the signed
1463 (b) If the address or whereabouts of the parent or guardian outside the state cannot after
1464 diligent inquiry be ascertained, due notice is given by publishing a summons in a newspaper
1465 having general circulation in the county in which the proceeding is pending. The summons
1466 shall be published once a week for four successive weeks. Service shall be complete on the
1467 day of the last publication.
1468 (c) Service of summons as provided in this subsection shall vest the court with
1469 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
1470 the person served was served personally within the state.
1471 (14) In the case of service in the state, service completed not less than 48 hours before
1472 the time set in the summons for the appearance of the person served, shall be sufficient to
1473 confer jurisdiction. In the case of service outside the state, service completed not less than five
1474 days before the time set in the summons for appearance of the person served, shall be sufficient
1475 to confer jurisdiction.
1476 (15) Computation of periods of time under this chapter shall be made in accordance
1477 with the Utah Rules of Civil Procedure.
1478 Section 20. Section 78-3a-112 is amended to read:
1479 78-3a-112. Appearances -- Parents to appear with child -- Failure to appear --
1480 Contempt -- Warrant of arrest, when authorized -- Parent's employer to grant time off --
1481 Appointment of guardian ad litem.
1482 (1) Any person required to appear who, without reasonable cause, fails to appear may
1483 be proceeded against for contempt of court, and the court may cause a bench warrant to issue to
1484 produce the person in court.
1485 (2) In all cases when a minor is required to appear in court, the parents, guardian, or
1486 other person with legal custody of the minor shall appear with the minor unless excused by the
1488 (a) An employee may request permission to leave the workplace for the purpose of
1489 attending court if the employee has been notified by the juvenile court that his minor is
1490 required to appear before the court.
1491 (b) An employer must grant permission to leave the workplace with or without pay if
1492 the employee has requested permission at least seven days in advance or within 24 hours of the
1493 employee receiving notice of the hearing.
1494 (3) If a parent or other person who signed a written promise to appear and bring the
1497 notification by the court, a warrant may be issued for the apprehension of that person or the
1499 (4) Willful failure to perform the promise is a misdemeanor if, at the time of the
1500 execution of the promise, the promisor is given a copy of the promise which clearly states that
1501 failure to appear and have the [
1502 juvenile court shall have jurisdiction to proceed against the promisor in adult proceedings
1503 pursuant to Part 8, Adult Offenses.
1504 (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
1505 provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
1506 both parents or of the guardian of [
1507 present at the court proceedings, the court may appoint a guardian ad litem to protect the
1508 interest of [
1509 the welfare of [
1510 (6) A warrant may be issued for [
1512 (a) a summons is issued but cannot be served;
1513 (b) it is made to appear to the court that the person to be served will not obey the
1515 (c) serving the summons will be ineffectual; or
1516 (d) the welfare of the minor requires that he be brought immediately into the custody of
1517 the court.
1518 Section 21. Section 78-3a-113 is amended to read:
1519 78-3a-113. Minor taken into custody by peace officer, private citizen, or
1520 probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
1521 for peace officer to take adult into custody.
1522 (1) A minor may be taken into custody by a peace officer without order of the court if:
1523 (a) in the presence of the officer the minor has violated a state law, federal law, local
1524 law, or municipal ordinance;
1525 (b) there are reasonable grounds to believe the minor has committed an act which if
1526 committed by an adult would be a felony;
1527 (c) the minor:
1528 (i) (A) is seriously endangered in [
1529 (B) seriously endangers others[
1530 (ii) immediate removal appears to be necessary for [
1531 protection of others;
1532 (d) there are reasonable grounds to believe the minor has run away or escaped from
1534 (e) there is reason to believe that the minor is:
1535 (i) subject to the state's compulsory education law; and [
1536 (ii) absent from school without legitimate or valid excuse, subject to Section
1537 53A-11-105 .
1538 (2) (a) A private citizen or a probation officer may take a minor into custody if under
1539 the circumstances he could make a citizen's arrest if the minor was an adult.
1540 (b) A probation officer may also take a minor into custody under Subsection (1) or if
1541 the minor has violated the conditions of probation, if the minor is under the continuing
1542 jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
1543 immediately available.
1544 (3) (a) (i) If an officer or other person takes a minor into temporary custody, he shall
1545 without unnecessary delay notify the parents, guardian, or custodian.
1546 (ii) The minor shall then be released to the care of [
1547 responsible adult, unless [
1548 community requires [
1549 (b) If the minor is taken into custody or detention for a violent felony, as defined in
1550 Section 76-3-203.5 , or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the
1551 officer or other law enforcement agent taking the minor into custody shall, as soon as
1552 practicable or as established under Subsection 53A-11-1001 (2), notify the school
1553 superintendent of the district in which the minor resides or attends school for the purposes of
1554 the minor's supervision and student safety.
1555 (i) The notice shall disclose only:
1556 (A) the name of the minor;
1557 (B) the offense for which the minor was taken into custody or detention; and
1558 (C) if available, the name of the victim, if the victim:
1559 (I) resides in the same school district as the minor; or
1560 (II) attends the same school as the minor.
1561 (ii) The notice shall be classified as a protected record under Section 63-2-304 .
1562 (iii) All other records disclosures are governed by Title 63, Chapter 2, Government
1563 Records Access and Management Act and the Federal Family Educational Rights and Privacy
1565 (c) Employees of a governmental agency are immune from any criminal liability for
1566 providing or failing to provide the information required by this section unless the person acts or
1567 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
1568 (d) Before the minor is released, the parent or other person to whom the minor is
1569 released shall be required to sign a written promise on forms supplied by the court to bring the
1570 minor to the court at a time set or to be set by the court.
1571 (4) (a) A [
1572 longer than is reasonably necessary to obtain [
1573 necessary information and to contact [
1574 (b) If the minor is not released under Subsection (3), [
1575 place of detention or shelter without unnecessary delay.
1576 (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
1577 file with the detention or shelter facility a written report on a form provided by the division
1578 stating the details of the presently alleged offense, the facts which bring the minor within the
1579 jurisdiction of the juvenile court, and the reason the minor was not released by law
1581 (b) (i) The designated youth corrections facility staff person shall immediately review
1582 the form and determine, based on the guidelines for detention admissions established by the
1583 Division of Juvenile Justice Services under Section 62A-7-202 , whether to admit the minor to
1584 secure detention, admit the minor to home detention, place the minor in a placement other than
1585 detention, or return the minor home upon written promise to bring the minor to the court at a
1586 time set, or without restriction.
1587 (ii) If the designated youth corrections facility staff person determines to admit the
1588 minor to home detention, that staff person shall notify the juvenile court of that determination.
1589 The court shall order that notice be provided to the designated persons in the local law
1590 enforcement agency and the school or transferee school, if applicable, which the minor attends
1591 of the home detention. The designated persons may receive the information for purposes of the
1592 minor's supervision and student safety.
1593 (iii) Any employee of the local law enforcement agency and the school which the
1594 minor attends who discloses the notification of home detention is not:
1595 (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
1596 provided in Section 63-30d-202 ; and
1597 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
1598 of Section 63-2-801 .
1599 (c) A minor may not be admitted to detention unless the minor is detainable based on
1600 the guidelines or the minor has been brought to detention pursuant to a judicial order or
1601 division warrant pursuant to Section 62A-7-504 .
1602 (d) If a minor taken to detention does not qualify for admission under the guidelines
1603 established by the division under [
1604 staff shall arrange appropriate placement.
1605 (e) If a minor is taken into custody and admitted to a secure detention or shelter
1606 facility, facility staff shall:
1607 (i) immediately notify the minor's parents, guardian, or custodian; and [
1608 (ii) promptly notify the court of the placement.
1609 (f) If the minor is admitted to a secure detention or shelter facility outside the county of
1611 78-3a-114 (3) that detention shall continue, the judge or commissioner shall direct the sheriff of
1612 the county of the minor's residence to transport the minor to a detention or shelter facility as
1613 provided in this section.
1614 (6) A person may be taken into custody by a peace officer without a court order if the
1615 person is in apparent violation of a protective order or if there is reason to believe that a
1618 Section 22. Section 78-3a-114 is amended to read:
1619 78-3a-114. Placement of minor in detention or shelter facility -- Grounds --
1620 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
1621 proceedings -- Bail laws inapplicable, exception.
1622 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
1623 proceedings unless it is unsafe for the public to leave the minor with [
1624 guardian, or custodian and the minor is detainable based on guidelines promulgated by the
1625 Division of Juvenile Justice Services.
1626 (b) A [
1627 require physical restriction shall be given temporary care in a shelter facility and may not be
1628 placed in a detention facility.
1629 (c) A [
1630 proceedings unless it is unsafe [
1631 child's parents, guardian, or custodian.
1632 (2) After admission of a child to a detention facility pursuant to the guidelines
1633 established by the Division of Juvenile Justice Services and immediate investigation by an
1634 authorized officer of the court, the judge or the officer shall order the release of the [
1636 returned to their care, either upon written promise to bring the [
1637 time set or without restriction.
1638 (a) If [
1639 child from a facility within 24 hours after notification of release, the parent, guardian, or
1640 custodian is responsible for the cost of care for the time the [
1642 (b) The facility shall determine the cost of care.
1643 (c) Any money collected under this Subsection (2) shall be retained by the Division of
1644 Juvenile Justice Services to recover the cost of care for the time the [
1645 the facility.
1646 (3) (a) When a [
1647 guardian shall be informed by the person in charge of the facility that they have the right to a
1648 prompt hearing in court to determine whether the [
1650 (b) When a minor is detained in a detention facility, the minor shall be informed by the
1651 person in charge of the facility that the minor has the right to a prompt hearing in court to
1652 determine whether the minor is to be further detained or released.
1655 hearing is held or not.
1657 because the parents, guardian, or custodian fails to retrieve the [
1658 guardian, or custodian shall be responsible for the cost of care as provided in Subsections
1659 (2)(a), (b), and (c).
1660 (4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
1661 detention hearing, excluding weekends and holidays, unless the court has entered an order for
1662 continued detention.
1663 (b) A [
1664 shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
1665 been entered by the court after notice to all parties described in Section 78-3a-306 .
1666 (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
1667 the court with all information received from the person who brought the minor to the detention
1669 (d) If the court finds at a detention hearing that it is not safe to release the minor, the
1670 judge or commissioner may order the minor to be held in the facility or be placed in another
1671 appropriate facility, subject to further order of the court.
1672 (e) (i) After a detention hearing has been held, only the court may release a minor from
1673 detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
1674 the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
1675 detention is necessary.
1676 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5 , or
1677 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
1678 notice of its decision, including any disposition, order, or no contact orders, be provided to
1679 designated persons in the appropriate local law enforcement agency and district superintendent
1680 or the school or transferee school, if applicable, [
1681 persons may receive the information for purposes of the minor's supervision and student safety.
1682 (iii) Any employee of the local law enforcement agency, school district, and the school
1684 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
1685 provided in Section 63-30d-202 ; and
1686 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
1687 of Section 63-2-801 .
1688 (5) A minor may not be held in a detention facility, following a dispositional order of
1689 the court for nonsecure substitute care as defined in Section 62A-4a-101 , or for
1690 community-based placement under Section 62A-7-101 for longer than 72 hours, excluding
1691 weekends and holidays. The period of detention may be extended by the court for one period
1692 of seven calendar days if:
1693 (a) the Division of Juvenile Justice Services or another agency responsible for
1694 placement files a written petition with the court requesting the extension and setting forth good
1695 cause; and
1696 (b) the court enters a written finding that it is in the best interests of both the minor and
1697 the community to extend the period of detention.
1698 (6) The agency requesting an extension shall promptly notify the detention facility that
1699 a written petition has been filed.
1700 (7) The court shall promptly notify the detention facility regarding its initial disposition
1701 and any ruling on a petition for an extension, whether granted or denied.
1702 (8) (a) A [
1703 place for adult detention except as provided by Section 62A-7-201 or unless certified as an
1704 adult pursuant to Section 78-3a-603 . The provisions of Section 62A-7-201 regarding
1705 confinement facilities apply to this Subsection (8).
1706 (b) A [
1707 safety or welfare of others in the detention facility for [
1708 that specifies the reasons, be detained in another place of confinement considered appropriate
1709 by the court, including a jail or other place of confinement for adults. However, a secure youth
1710 corrections facility is not an appropriate place of confinement for detention purposes under this
1712 (9) A sheriff, warden, or other official in charge of a jail or other facility for the
1713 detention of adult offenders or persons charged with crime shall immediately notify the
1714 juvenile court when a [
1715 at the facility and shall make arrangements for the transfer of the [
1716 facility, unless otherwise ordered by the juvenile court.
1717 (10) This section does not apply to a minor who is brought to the adult facility under
1718 charges pursuant to Section 78-3a-602 or by order of the juvenile court to be held for criminal
1719 proceedings in the district court under Section 78-3a-603 .
1720 (11) A minor held for criminal proceedings under Section 78-3a-602 or 78-3a-603 may
1721 be detained in a jail or other place of detention used for adults charged with crime.
1722 (12) Provisions of law regarding bail are not applicable to minors detained or taken
1723 into custody under this chapter, except that bail may be allowed:
1724 (a) if a minor who need not be detained lives outside this state; or
1725 (b) when a minor who need not be detained comes within one of the classes in
1726 Subsection 78-3a-503 (11).
1727 (13) Section 76-8-418 is applicable to a [
1728 commits an act against a jail or other place of confinement, including a Division of Juvenile
1729 Justice Services detention, shelter, or secure confinement facility which would be a third
1730 degree felony if committed by an adult.
1731 Section 23. Section 78-3a-115 is amended to read:
1732 78-3a-115. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
1733 cases heard separately from adult cases -- Minor or parents or custodian heard
1734 separately -- Continuance of hearing -- Consolidation of proceedings involving more than
1735 one minor.
1736 (1) Hearings in minor's cases shall be held before the court without a jury and may be
1737 conducted in an informal manner.
1738 (a) In abuse, neglect, and dependency cases in all districts other than pilot districts
1739 selected by the Judicial Council under Subsection 78-3-21 (15)(a), the court shall exclude the
1740 general public from hearings held prior to July 1, 2004.
1741 (b) In delinquency cases the court shall admit all persons who have a direct interest in
1742 the case and may admit persons requested by the parent or legal guardian to be present. The
1743 court shall exclude all other persons except as provided in Subsection (1)(c).
1744 (c) In delinquency cases in which the minor charged is 14 years of age or older, the
1745 court shall admit any person unless the hearing is closed by the court upon findings on the
1746 record for good cause if:
1747 (i) the minor has been charged with an offense which would be a felony if committed
1748 by an adult; or
1749 (ii) the minor is charged with an offense that would be a class A or B misdemeanor if
1750 committed by an adult, and the minor has been previously charged with an offense which
1751 would be a misdemeanor or felony if committed by an adult.
1752 (d) The victim of any act charged in a petition or information involving an offense
1753 committed by a minor which if committed by an adult would be a felony or a class A or class B
1754 misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter
1755 36, Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, and Title 77,
1756 Chapter 38, Rights of Crime Victims Act. The notice provisions in Section 77-38-3 do not
1757 apply to important juvenile justice hearings as defined in Section 77-38-2 .
1758 (e) A victim, upon request to appropriate juvenile court personnel, shall have the right
1759 to inspect and duplicate juvenile court legal records that have not been expunged concerning:
1760 (i) the scheduling of any court hearings on the petition;
1761 (ii) any findings made by the court; and
1762 (iii) any sentence or decree imposed by the court.
1763 (2) Minor's cases shall be heard separately from adult cases. The minor or the
1765 by the court. The hearing may be continued from time to time to a date specified by court
1767 (3) When more than one [
1768 found to constitute neglect or dependency, or when more than one minor is alleged to be
1769 involved in the same law violation, the proceedings may be consolidated, except that separate
1770 hearings may be held with respect to disposition.
1771 Section 24. Section 78-3a-116 is amended to read:
1772 78-3a-116. Hearings -- Record -- County attorney or district attorney
1773 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
1775 (1) (a) A verbatim record of the proceedings shall be taken by an official court reporter
1776 or by means of a mechanical recording device in all cases that might result in deprivation of
1777 custody as defined in this chapter. In all other cases a verbatim record shall also be made
1778 unless dispensed with by the court.
1779 (b) (i) Notwithstanding any other provision, including Title 63, Chapter 2, Government
1780 Records Access and Management Act, a record of a proceeding made under Subsection (1)(a)
1781 shall be released by the court to any person upon a finding on the record for good cause.
1782 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
1783 court shall:
1784 (A) provide notice to all subjects of the record that a request for release of the record
1785 has been made; and
1786 (B) allow sufficient time for the subjects of the record to respond before making a
1787 finding on the petition.
1788 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
1789 court's jurisdiction over the subjects of the proceeding ended more than 12 months prior to the
1791 (iv) For purposes of this Subsection (1)(b):
1792 (A) "record of a proceeding" does not include documentary materials of any type
1793 submitted to the court as part of the proceeding, including items submitted under Subsection
1794 (4)(a); and
1795 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
1796 guardian, the Division of Child and Family Services, and any other party to the proceeding.
1797 (v) This Subsection (1)(b) applies:
1798 (A) to records of proceedings made on or after November 1, 2003 in districts selected
1799 by the Judicial Council as pilot districts under Subsection 78-3-21 (15)(a); and
1800 (B) to records of proceedings made on or after July 1, 2004 in all other districts.
1801 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
1802 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
1804 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child
1805 and Family Services, and Title 78, Chapter 3a, Juvenile [
1806 (i) protection or custody of an abused, neglected, or dependent child; and
1807 (ii) petitions for termination of parental rights.
1808 (c) The attorney general shall represent the Division of Child and Family Services in
1809 actions involving [
1810 neglected, but who [
1811 court, and who [
1812 been placed in custody primarily on the basis of delinquent behavior or a status offense.
1813 Nothing in this Subsection (2)(c) may be construed to affect the responsibility of the county
1814 attorney or district attorney to represent the state in those matters, in accordance with the
1815 provisions of Subsection (2)(a).
1816 (3) The board may adopt special rules of procedure to govern proceedings involving
1817 violations of traffic laws or ordinances, fish and game laws, and boating laws. However,
1818 proceedings involving offenses under Section 78-3a-506 are governed by that section regarding
1819 suspension of driving privileges.
1820 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
1821 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
1822 in hearings upon petitions for termination of parental rights, written reports and other material
1823 relating to the minor's mental, physical, and social history and condition may be received in
1824 evidence and may be considered by the court along with other evidence. The court may require
1825 that the person who wrote the report or prepared the material appear as a witness if the person
1826 is reasonably available.
1827 (b) For the purpose of determining proper disposition of a minor alleged to be or
1828 adjudicated as abused, neglected, or dependent, dispositional reports prepared by Foster Care
1829 Citizen Review Boards pursuant to Section 78-3g-103 may be received in evidence and may be
1830 considered by the court along with other evidence. The court may require any person who
1831 participated in preparing the dispositional report to appear as a witness, if the person is
1832 reasonably available.
1833 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
1834 commencement of a shelter hearing under Section 78-3a-306 or the filing of a petition under
1835 Section 78-3a-305 , each party to the proceeding shall provide in writing to the other parties or
1836 their counsel any information which the party:
1837 (i) plans to report to the court at the proceeding; or
1838 (ii) could reasonably expect would be requested of the party by the court at the
1840 (b) The disclosure required under Subsection (5)(a) shall be made:
1841 (i) for dispositional hearings under Sections 78-3a-310 and 78-3a-311 , no less than five
1842 days before the proceeding;
1843 (ii) for proceedings under Title 78, Chapter 3a, Part 4, Termination of Parental Rights
1844 Act, in accordance with Utah Rules of Civil Procedure; and
1845 (iii) for all other proceedings, no less than five days before the proceeding.
1846 (c) If a party to a proceeding obtains information after the deadline in Subsection
1847 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
1848 party certifies to the court that the information was obtained after the deadline.
1849 (d) Subsection (5)(a) does not apply to:
1850 (i) pretrial hearings; and
1851 (ii) the frequent, periodic review hearings held in a dependency drug court case to
1852 assess and promote the parent's progress in substance abuse treatment.
1853 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
1854 may, in its discretion, consider evidence of statements made by a [
1855 years of age to a person in a trust relationship.
1856 Section 25. Section 78-3a-117 is amended to read:
1857 78-3a-117. Minor's cases considered civil proceedings -- Adjudication of
1858 jurisdiction by juvenile court not conviction of crime, exceptions -- Minor not to be
1859 charged with crime, exception -- Traffic violation cases, abstracts to Department of
1860 Public Safety.
1861 (1) Except as provided in Sections 78-3a-602 and 78-3a-603 , proceedings in a minor's
1863 equitable powers.
1864 (2) An adjudication by a juvenile court that a minor is within its jurisdiction under
1865 Section 78-3a-104 is not considered a conviction of a crime, except in cases involving traffic
1866 violations. An adjudication may not operate to impose any civil disabilities upon the minor nor
1867 to disqualify the minor for any civil service or military service or appointment.
1868 (3) A minor may not be charged with a crime or convicted in any court except as
1869 provided in Sections 78-3a-602 and 78-3a-603 , and in cases involving traffic violations. When
1870 a petition has been filed in the juvenile court, the minor may not later be subjected to criminal
1871 prosecution based on the same facts except as provided in Section 78-3a-602 or 78-3a-603 .
1872 (4) An adjudication by a juvenile court that a minor is within its jurisdiction under
1873 Section 78-3a-104 is considered a conviction for the purposes of determining the level of
1874 offense for which a [
1875 the juvenile court. A prior adjudication may be used to enhance the level or degree of an
1876 offense committed by an adult only as otherwise specifically provided.
1877 (5) Abstracts of court records for all adjudications of traffic violations shall be
1878 submitted to the Department of Public Safety as provided in Section 53-3-218 .
1879 (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
1880 may be forwarded to employers, financial institutions, law enforcement, constables, the Office
1881 of Recovery Services, or other agencies for purposes of enforcing the order as provided in
1882 Section 78-3a-118 .
1883 Section 26. Section 78-3a-118 is amended to read:
1884 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
1885 Enumeration of possible court orders -- Considerations of court -- Obtaining DNA
1887 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the
1888 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
1889 jurisdiction over the minor. However, in cases within the provisions of Subsection
1890 78-3a-104 (1), findings of fact are not necessary.
1891 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
1892 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
1893 to the school superintendent of the district in which the minor resides or attends school. Notice
1894 shall be made to the district superintendent within three days of the adjudication and shall
1896 (i) the specific offenses for which the minor was adjudicated; and
1897 (ii) if available, if the victim:
1898 (A) resides in the same school district as the minor; or
1899 (B) attends the same school as the minor.
1900 (2) Upon adjudication the court may make the following dispositions by court order:
1901 (a) (i) The court may place the minor on probation or under protective supervision in
1902 the minor's own home and upon conditions determined by the court, including compensatory
1903 service as provided in Section 78-11-20.7 .
1904 (ii) The court may place the minor in state supervision with the probation department
1905 of the court, under the legal custody of:
1906 (A) [
1907 (B) the Division of Juvenile Justice Services; or
1908 (C) the Division of Child and Family Services.
1909 (iii) If the court orders probation or state supervision, the court shall direct that notice
1910 of its order be provided to designated persons in the local law enforcement agency and the
1911 school or transferee school, if applicable, [
1912 persons may receive the information for purposes of the minor's supervision and student safety.
1913 (iv) Any employee of the local law enforcement agency and the school [
1914 minor attends who discloses the court's order of probation is not:
1915 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
1916 provided in Section 63-30d-202 ; and
1917 (B) civilly or criminally liable except when the disclosure constitutes a knowing
1918 violation of Section 63-2-801 .
1919 (b) The court may place the minor in the legal custody of a relative or other suitable
1920 person, with or without probation or protective supervision, but the juvenile court may not
1921 assume the function of developing foster home services.
1922 (c) (i) The court may:
1923 (A) vest legal custody of the minor in the Division of Child and Family Services,
1924 Division of Juvenile Justice Services, or the Division of Substance Abuse and Mental Health;
1926 (B) order the Department of Human Services to provide dispositional
1927 recommendations and services.
1928 (ii) For minors who may qualify for services from two or more divisions within the
1929 Department of Human Services, the court may vest legal custody with the department.
1930 (iii) (A) [
1931 Child and Family Services on grounds other than abuse or neglect [
1932 provisions of Title 78, Chapter 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse
1933 or Neglect, and Title 62A, Chapter 4a, Part 2A, Minors in Custody on Grounds Other Than
1934 Abuse or Neglect.
1935 (B) Prior to the court entering an order to place a minor in the custody of the Division
1936 of Child and Family Services on grounds other than abuse or neglect, the court shall provide
1937 the division with notice of the hearing no later than five days before the time specified for the
1938 hearing so the division may attend the hearing.
1939 (C) Prior to committing a [
1940 Family Services, the court shall make a finding as to what reasonable efforts have been
1941 attempted to prevent the [
1942 (d) (i) The court may commit [
1943 for secure confinement.
1944 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
1945 or dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of
1946 Juvenile Justice Services.
1947 (e) The court may commit [
1948 jurisdiction over [
1949 Services for observation and evaluation for a period not to exceed 45 days, which period may
1950 be extended up to 15 days at the request of the director of the Division of Juvenile Justice
1952 (f) (i) The court may commit [
1953 detention for a period not to exceed 30 days subject to the court retaining continuing
1954 jurisdiction over the minor. This commitment may be stayed or suspended upon conditions
1955 ordered by the court.
1956 (ii) This Subsection (2)(f) applies only to [
1957 (A) an act which if committed by an adult would be a criminal offense; or
1958 (B) contempt of court under Section 78-3a-901 .
1959 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
1960 the Division of Child and Family Services or any other appropriate person in accordance with
1961 the requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
1962 Dependency Proceedings.
1963 (h) The court may place [
1964 for care and also for work, if possible, if the person, agency, or association operating the
1965 facility has been approved or has otherwise complied with all applicable state and local laws.
1966 A minor placed in a forestry camp or similar facility may be required to work on fire
1967 prevention, forestation and reforestation, recreational works, forest roads, and on other works
1968 on or off the grounds of the facility and may be paid wages, subject to the approval of and
1969 under conditions set by the court.
1970 (i) (i) The court may order [
1971 restitution for damage or loss caused by the minor's wrongful act, including costs of treatment
1972 as stated in Section 78-3a-318 and impose fines in limited amounts.
1973 (ii) The court may also require [
1974 governmental agency who offered and paid a reward to a person or persons for providing
1975 information resulting in a court adjudication that the minor is within the jurisdiction of the
1976 juvenile court due to the commission of a criminal offense.
1977 (iii) If a minor [
1978 Juveniles, the court may order the minor to make restitution for costs expended by any
1979 governmental entity for the return.
1980 (j) The court may issue orders necessary for the collection of restitution and fines
1981 ordered by the court, including garnishments, wage withholdings, and executions.
1982 (k) (i) The court may through its probation department encourage the development of
1983 employment or work programs to enable minors to fulfill their obligations under Subsection
1984 (2)(i) and for other purposes considered desirable by the court.
1985 (ii) Consistent with the order of the court, the probation officer may permit [
1986 minor found to be within the jurisdiction of the court to participate in a program of work
1987 restitution or compensatory service in lieu of paying part or all of the fine imposed by the court.
1988 (l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in
1989 addition to any other disposition authorized by this section:
1990 (A) restrain the minor from driving for periods of time the court considers necessary;
1992 (B) take possession of the minor's driver license.
1993 (ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
1994 suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
1995 Section 78-3a-506 .
1996 (m) (i) When a minor is found within the jurisdiction of the juvenile court under
1997 Section 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug
1998 Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
1999 shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
2000 minimum of 20 hours, but no more than 100 hours, of compensatory service. Satisfactory
2001 completion of an approved substance abuse prevention or treatment program may be credited
2002 by the court as compensatory service hours.
2003 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
2004 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court
2005 may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
2006 that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
2007 service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
2008 approved substance abuse prevention or treatment program may be credited by the court as
2009 compensatory service hours.
2010 (n) The court may order that [
2011 surgeon, psychiatrist, or psychologist or that [
2012 these purposes the court may place the minor in a hospital or other suitable facility.
2013 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the
2014 interest of the minor, and may appoint as guardian a public or private institution or agency in
2015 which legal custody of the minor is vested.
2016 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
2017 private agency or institution, the court shall give primary consideration to the welfare of the
2018 minor. When practicable, the court may take into consideration the religious preferences of the
2019 minor and of [
2020 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
2021 conditions to be complied with by [
2022 minor's custodian, or any other person who has been made a party to the proceedings.
2023 Conditions may include:
2024 (A) parent-time by the parents or one parent;
2025 (B) restrictions on the minor's associates;
2026 (C) restrictions on the minor's occupation and other activities; and
2027 (D) requirements to be observed by the parents or custodian.
2028 (ii) A minor whose parents or guardians successfully complete a family or other
2029 counseling program may be credited by the court for detention, confinement, or probation time.
2030 (q) The court may order the [
2031 local mental health authority, in accordance with the procedures and requirements of Title 62A,
2032 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2033 Mental Health.
2034 (r) (i) The court may make an order committing a minor within [
2035 jurisdiction to the Utah State Developmental Center if the minor has mental retardation in
2036 accordance with the provisions of Title 62A, Chapter 5, Part 3, Admission to Mental
2037 Retardation Facility.
2038 (ii) The court shall follow the procedure applicable in the district courts with respect to
2039 judicial commitments to the Utah State Developmental Center when ordering a commitment
2040 under Subsection (2)(r)(i).
2041 (s) The court may terminate all parental rights upon a finding of compliance with the
2042 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
2043 (t) The court may make any other reasonable orders for the best interest of the minor or
2044 as required for the protection of the public, except that a [
2045 child may not be committed to jail or prison.
2046 (u) The court may combine the dispositions listed in this section if they are compatible.
2047 (v) Before depriving any parent of custody, the court shall give due consideration to the
2048 rights of parents concerning their [
2049 another person, agency, or institution in accordance with the requirements and procedures of
2050 Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
2051 (w) Except as provided in Subsection (2)(y)(i), an order under this section for
2052 probation or placement of a minor with an individual or an agency shall include a date certain
2053 for a review of the case by the court. A new date shall be set upon each review.
2054 (x) In reviewing foster home placements, special attention shall be given to making
2055 adoptable [
2056 (y) (i) The juvenile court may enter an order of permanent custody and guardianship
2057 with [
2058 previously acquired jurisdiction as a result of an adjudication of abuse, neglect, or dependency.
2059 The juvenile court may enter an order for child support on behalf of the [
2060 the natural or adoptive parents of the child.
2061 (ii) Orders under Subsection (2)(y)(i):
2062 (A) shall remain in effect until the [
2063 (B) are not subject to review under Section 78-3a-119 ; and
2064 (C) may be modified by petition or motion as provided in Section 78-3a-903 .
2065 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
2066 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
2067 of the juvenile court.
2068 (3) In addition to the dispositions described in Subsection (2), when a minor comes
2069 within the court's jurisdiction [
2070 National Guard in lieu of other sanctions, provided:
2071 (a) the minor meets the current entrance qualifications for service in the National
2072 Guard as determined by a recruiter, whose determination is final;
2073 (b) the minor is not under the jurisdiction of the court for any act that:
2074 (i) would be a felony if committed by an adult;
2075 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
2076 (iii) was committed with a weapon; and
2077 (c) the court retains jurisdiction over the minor under conditions set by the court and
2078 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
2079 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
2080 of the court as described in Subsection 53-10-403 (3). The specimen shall be obtained by
2081 designated employees of the court or, if the minor is in the legal custody of the Division of
2082 Juvenile Justice Services, then by designated employees of the division under Subsection
2083 53-10-404 (5)(b).
2084 (b) The responsible agency shall ensure that employees designated to collect the saliva
2085 DNA specimens receive appropriate training and that the specimens are obtained in accordance
2086 with accepted protocol.
2087 (c) Reimbursements paid under Subsection 53-10-404 (2)(a) shall be placed in the DNA
2088 Specimen Restricted Account created in Section 53-10-407 .
2089 (d) Payment of the reimbursement is second in priority to payments the minor is
2090 ordered to make for restitution under this section and treatment under Section 78-3a-318 .
2091 Section 27. Section 78-3a-120 is amended to read:
2092 78-3a-120. Modification of order or decree -- Requirements for changing or
2093 terminating custody, probation, or protective supervision.
2094 (1) The court may modify or set aside any order or decree made by it, however a
2095 modification of an order placing a minor on probation may not be made upon an alleged
2096 violation of the terms of probation unless there has been a hearing in accordance with the
2097 procedures in Section 78-3a-903 .
2098 (2) Notice of the hearing shall be required in any case in which the effect of modifying
2099 or setting aside an order or decree may be to make any change in the minor's legal custody.
2100 (3) (a) Notice of an order terminating probation or protective supervision of a child
2101 shall be given to the child's:
2102 (i) parents[
2103 (ii) guardian[
2104 (iii) custodian[
2105 (iv) where appropriate, to the [
2106 (b) Notice of an order terminating probation or protective supervision of a minor who
2107 is at least 18 years of age shall be given to the minor.
2108 Section 28. Section 78-3a-206 is amended to read:
2109 78-3a-206. Court records -- Inspection.
2110 (1) The court and the probation department shall keep records as required by the board
2111 and the presiding judge.
2112 (2) Court records shall be open to inspection by:
2113 (a) the parents or guardian of a child, a minor who is at least 18 years of age, other
2114 parties in the case, the attorneys, and agencies to which custody of a minor has been
2116 (b) for information relating to adult offenders alleged to have committed a sexual
2117 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
2118 Title 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose
2119 of evaluating whether an individual should be permitted to obtain or retain a license as an
2120 educator or serve as an employee or volunteer in a school, with the understanding that the
2121 office must provide the individual with an opportunity to respond to any information gathered
2122 from its inspection of the records before it makes a decision concerning licensure or
2124 (c) the [
2125 established in Section 53-10-103 , for the purpose of a criminal history background check for
2126 the purchase of a firearm and establishing good character for issuance of a concealed firearm
2127 permit as provided in Section 53-5-704 ; and
2128 (d) the Division of Child and Family Services for the purpose of Child Protective
2129 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
2130 administrative hearings in accordance with Section 62A-4a-116.5 .
2131 (3) With the consent of the judge, court records may be inspected by the [
2132 by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
2133 research studies.
2134 (4) If a petition is filed charging a minor 14 years of age or older with an offense that
2135 would be a felony if committed by an adult, the court shall make available to any person upon
2136 request the petition, any adjudication or disposition orders, and the delinquency history
2137 summary of the minor charged unless the records are closed by the court upon findings on the
2138 record for good cause.
2139 (5) Probation officers' records and reports of social and clinical studies are not open to
2140 inspection, except by consent of the court, given under rules adopted by the board.
2141 (6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
2142 history summary of any person charged as an adult with a felony offense shall be made
2143 available to any person upon request.
2144 (b) This provision does not apply to records that have been destroyed or expunged in
2145 accordance with court rules.
2146 (c) The court may charge a reasonable fee to cover the costs associated with retrieving
2147 a requested record that has been archived.
2148 Section 29. Section 78-3a-301 is amended to read:
2149 78-3a-301. Court-ordered protective custody of a child following petition filing --
2151 (1) After a petition has been filed under Subsection 78-3a-305 (1), if the [
2152 who is the subject of the petition is not in the protective custody of the division, a court may
2153 order that the [
2154 protective custody if the court finds, by a preponderance of the evidence, that any one or more
2155 of the following circumstances exist:
2156 (a) there is an imminent danger to the physical health or safety of the [
2157 the [
2159 (b) a parent or guardian engages in or threatens the [
2160 conduct that causes the [
2161 means available by which the [
2162 removing the [
2163 (c) the [
2164 physically or sexually abused, or is considered to be at substantial risk of being physically or
2165 sexually abused, by a parent or guardian, a member of the parent's or guardian's household, or
2166 other person known to the parent or guardian;
2167 (d) the parent or guardian is unwilling to have physical custody of the [
2168 (e) the [
2170 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
2171 or cannot arrange for safe and appropriate care for the [
2172 (g) a relative or other adult custodian with whom the [
2173 the parent or guardian is unwilling or unable to provide care or support for the [
2174 the whereabouts of the parent or guardian are unknown, and reasonable efforts to locate the
2175 parent or guardian [
2176 (h) the [
2177 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
2178 environment that poses a threat to the [
2179 (ii) a parent's or guardian's action in leaving a [
2180 reasonably pose a threat to the [
2181 (j) the [
2183 (k) an infant has been abandoned, as defined in Section 78-3a-313.5 ;
2184 (l) the parent or guardian, or an adult residing in the same household as the parent or
2185 guardian, has been charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
2186 Act, and any clandestine laboratory operation, as defined in Section 58-37d-3 , was located in
2187 the residence or on the property where the minor resided; or
2188 (m) the [
2189 (2) (a) For purposes of Subsection (1)(a), if a [
2190 adjudicated as abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or
2191 dependency [
2192 circumstance as the previous abuse, that fact constitutes prima facie evidence that the [
2193 child cannot safely remain in the custody of the [
2194 (b) For purposes of Subsection (1)(c):
2195 (i) another [
2196 home unless that [
2197 sexually abused as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
2198 (ii) if a parent or guardian has received actual notice that physical or sexual abuse by a
2199 person known to the parent has occurred, and there is evidence that the parent or guardian
2200 failed to protect the [
2201 child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
2202 evidence that the [
2203 (3) In the absence of one of the factors described in Subsection (1), a court may not
2204 remove a [
2205 (a) educational neglect;
2206 (b) mental illness or poverty of the parent or guardian; or
2207 (c) disability of the parent or guardian, as defined in Subsection [
2208 (4) A [
2209 guardian under this section may not be placed or kept in a secure detention facility pending
2210 further court proceedings unless the [
2211 promulgated by the Division of Juvenile Justice Services.
2212 (5) This section does not preclude removal of a [
2213 home without a warrant or court order under Section 62A-4a-202.1 .
2214 Section 30. Section 78-3a-305 is amended to read:
2215 78-3a-305. Petition filed -- Protective orders.
2216 (1) Any interested person may file a petition to commence proceedings in the juvenile
2217 court alleging that a [
2218 make a referral with the division.
2219 (2) (a) If the child who is the subject of a petition was removed from [
2220 home by the Division of Child and Family Services that petition shall be filed on or before the
2221 date of the initial shelter hearing described in Section 78-3a-306 .
2222 (b) If a petition is requested by the division, the attorney general shall file the petition
2223 within 72 hours of the completion of the investigation and request, excluding weekends and
2224 holidays, if:
2225 (i) the child who is the subject of the requested petition has not been removed from
2227 (ii) without an expedited hearing and services ordered under the protective supervision
2228 of the court, the child will likely be taken into protective custody.
2229 (3) The petition shall be verified, and contain all of the following:
2230 (a) the name, age, and address, if any, of the [
2231 petition is brought;
2232 (b) the names and addresses, if known to the petitioner, of both parents and any
2233 guardian of the [
2234 (c) a concise statement of facts, separately stated, to support the conclusion that the
2236 dependent; and
2237 (d) a statement regarding whether the [
2238 the date and precise time the [
2239 Section 31. Section 78-3a-306 is amended to read:
2240 78-3a-306. Shelter hearing.
2241 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
2242 after any one or all of the following occur:
2243 (a) removal of the child from [
2244 Family Services;
2245 (b) placement of the child in the protective custody of the Division of Child and Family
2247 (c) emergency kinship placement under Subsection 62A-4a-202.1 (4); or
2248 (d) as an alternative to removal of the child, a parent has entered a domestic violence
2249 shelter at the request of the Division of Child and Family Services.
2250 (2) Upon the occurrence of any of the circumstances described in Subsections (1)(a)
2251 through (1)(d), the division shall issue a notice that contains all of the following:
2252 (a) the name and address of the person to whom the notice is directed;
2253 (b) the date, time, and place of the shelter hearing;
2254 (c) the name of the [
2255 (d) a concise statement regarding:
2256 (i) the reasons for removal or other action of the division under Subsection (1); and
2257 (ii) the allegations and code sections under which the proceeding has been instituted;
2258 (e) a statement that the parent or guardian to whom notice is given, and the [
2259 child, are entitled to have an attorney present at the shelter hearing, and that if the parent or
2260 guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
2261 one will be provided; and
2262 (f) a statement that the parent or guardian is liable for the cost of support of the [
2263 child in the protective custody, temporary custody, and custody of the division, and the cost for
2264 legal counsel appointed for the parent or guardian under Subsection (2)(e), according to [
2265 the parent's or guardian's financial ability.
2266 (3) That notice shall be personally served as soon as possible, but no later than one
2267 business day after removal of a child from [
2268 (a) the appropriate guardian ad litem; and
2269 (b) both parents and any guardian of the [
2270 guardians cannot be located.
2271 (4) The following persons shall be present at the shelter hearing:
2272 (a) the child, unless it would be detrimental for the child;
2273 (b) the child's parents or guardian, unless [
2274 located, or fail to appear in response to the notice;
2275 (c) counsel for the parents, if one has been requested;
2276 (d) the child's guardian ad litem;
2277 (e) the caseworker from the Division of Child and Family Services who has been
2278 assigned to the case; and
2279 (f) the attorney from the attorney general's office who is representing the division.
2280 (5) (a) At the shelter hearing, the court shall provide an opportunity for the [
2281 child's parent or guardian, if present, and any other person having relevant knowledge, to
2282 provide relevant testimony. The court may also provide an opportunity for the [
2284 (b) The court may consider all relevant evidence, in accordance with the Utah Rules of
2285 Juvenile Procedure. The court shall hear relevant evidence presented by the [
2287 discretion limit testimony and evidence to only that which goes to the issues of removal and the
2288 child's need for continued protection.
2289 (6) If the child is in the protective custody of the division, the division shall report to
2290 the court:
2291 (a) the reasons why the [
2293 (b) any services provided to the child and [
2295 (c) the need, if any, for continued shelter;
2296 (d) the available services that could facilitate the return of the [
2297 custody of [
2298 (e) whether the child has any relatives who may be able and willing to take temporary
2300 (7) The court shall consider all relevant evidence provided by persons or entities
2301 authorized to present relevant evidence pursuant to this section.
2302 (8) If necessary to protect the child, preserve the rights of a party, or for other good
2303 cause shown, the court may grant no more than one time-limited continuance, not to exceed
2304 five judicial days.
2305 (9) If the child is in the protective custody of the division, the court shall order that the
2307 preponderance of the evidence, that any one of the following exist:
2308 (a) there is a substantial danger to the physical health or safety of the [
2309 the [
2310 child from [
2311 been adjudicated as abused, neglected, or dependent and a subsequent incident of abuse,
2312 neglect, or dependency occurs, that fact constitutes prima facie evidence that the child cannot
2313 safely remain in the custody of [
2314 (b) the [
2315 limited to, extreme anxiety, depression, withdrawal, or negative aggressive behavior toward
2316 self or others, and there are no reasonable means available by which the [
2317 emotional health may be protected without removing the [
2319 (c) the [
2320 physically or sexually abused, or is considered to be at substantial risk of being physically or
2321 sexually abused, by a parent, a member of the parent's household, or other person known to the
2322 parent. If a parent has received actual notice that physical or sexual abuse by a person known
2323 to the parent has occurred, and there is evidence that the parent has allowed the child to be in
2324 the physical presence of the alleged abuser, that fact constitutes prima facie evidence that the
2325 child is at substantial risk of being physically or sexually abused;
2326 (d) the parent is unwilling to have physical custody of the child;
2327 (e) the [
2328 (f) a parent who has been incarcerated or institutionalized has not or cannot arrange for
2329 safe and appropriate care for the [
2330 (g) a relative or other adult custodian with whom the [
2331 the parent is unwilling or unable to provide care or support for the [
2332 whereabouts of the parent are unknown, and reasonable efforts to locate [
2333 been unsuccessful;
2334 (h) the [
2335 (i) the physical environment or the fact that the child is left unattended poses a threat to
2336 the child's health or safety;
2337 (j) the [
2339 (k) the parent, or an adult residing in the same household as the parent, has been
2340 charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act, and any
2341 clandestine laboratory operation, as defined in Section 58-37d-3 , was located in the residence
2342 or on the property where the child resided; or
2343 (l) the child's welfare is otherwise endangered.
2344 (10) (a) The court shall also make a determination on the record as to whether
2345 reasonable efforts were made to prevent or eliminate the need for removal of the [
2346 from [
2347 need for continued removal. If the court finds that the [
2348 the custody of [
2349 shall place the [
2350 services be provided by the division.
2351 (b) In making that determination, and in ordering and providing services, the child's
2352 health, safety, and welfare shall be the paramount concern, in accordance with federal law.
2353 (11) Where the division's first contact with the family occurred during an emergency
2354 situation in which the child could not safely remain at home, the court shall make a finding that
2355 any lack of preplacement preventive efforts was appropriate.
2356 (12) In cases where actual sexual abuse or abandonment, or serious physical abuse or
2357 neglect are involved, neither the division nor the court has any duty to make "reasonable
2358 efforts" or to, in any other way, attempt to maintain a child in [
2359 child to [
2360 offending parent or parents.
2361 (13) The court may not order continued removal of a [
2362 of educational neglect as described in Subsection 78-3a-103 (1)[
2363 (14) (a) Whenever a court orders continued removal of a [
2364 section, it shall state the facts on which that decision is based.
2365 (b) If no continued removal is ordered and the [
2366 shall state the facts on which that decision is based.
2367 (15) If the court finds that continued removal and temporary custody are necessary for
2368 the protection of a child because harm may result to the child if [
2369 home, it shall order continued removal regardless of any error in the initial removal of the
2370 child, or the failure of a party to comply with notice provisions, or any other procedural
2371 requirement of this chapter or Title 62A, Chapter 4a, Child and Family Services.
2372 Section 32. Section 78-3a-307 is amended to read:
2373 78-3a-307. Shelter hearing -- Placement with a noncustodial parent or relative --
2374 DCFS custody.
2375 (1) (a) At the shelter hearing, when the court orders that a child be removed from the
2376 custody of [
2377 the court shall first determine whether there is another natural parent as defined in Subsection
2378 (1)(b), with whom the child was not residing at the time the events or conditions that brought
2380 child. If that parent requests custody, the court shall place the [
2381 unless it finds that the placement would be unsafe or otherwise detrimental to the child. The
2382 provisions of this Subsection (1) are limited by the provisions of Subsection (8)(b).
2383 (b) Notwithstanding the provisions of Section 78-3a-103 , for purposes of this section
2384 "natural parent" includes only a biological or adoptive mother, an adoptive father, or a
2385 biological father who was married to the child's biological mother at the time the child was
2386 conceived or born, or who has strictly complied with the provisions of Section 78-30-4.14 prior
2387 to removal of the child or voluntary surrender of the child by the custodial parent. This
2388 definition applies regardless of whether the child has been or will be placed with adoptive
2389 parents or whether adoption has been or will be considered as a long term goal for the child.
2390 (c) (i) The court shall make a specific finding regarding the fitness of that parent to
2391 assume custody, and the safety and appropriateness of the placement.
2392 (ii) The court shall, at a minimum, order the division to visit the parent's home,
2393 perform criminal background checks described in Sections 78-3a-307.1 and 62A-4a-202.4 , and
2394 check the division's management information system for any previous reports of abuse or
2395 neglect received by the division regarding the parent at issue.
2396 (iii) The court may order the Division of Child and Family Services to conduct any
2397 further investigation regarding the safety and appropriateness of the placement.
2398 (iv) The division shall report its findings in writing to the court.
2399 (v) The court may place the child in the temporary custody of the division, pending its
2400 determination regarding that placement.
2401 (2) If the court orders placement with a parent under Subsection (1), the child and the
2402 parent are under the continuing jurisdiction of the court. The court may order that the parent
2403 assume custody subject to the supervision of the court, and order that services be provided to
2404 the parent from whose custody the child was removed, the parent who has assumed custody, or
2405 both. The court shall also provide for reasonable parent-time with the parent from whose
2406 custody the child was removed, unless parent-time is not in the best interest of the child. The
2407 court's order shall be periodically reviewed to determine whether:
2408 (a) placement with the parent continues to be in the child's best interest;
2409 (b) the child should be returned to the original custodial parent;
2410 (c) the child should be placed with a relative, pursuant to Subsection (5); or
2411 (d) the child should be placed in the custody of the division.
2412 (3) The time limitations described in Section 78-3a-311 with regard to reunification
2413 efforts, apply to children placed with a previously noncustodial parent in accordance with
2414 Subsection (1).
2415 (4) Legal custody of the child is not affected by an order entered under Subsection (1)
2416 or (2). In order to affect a previous court order regarding legal custody, the party must petition
2417 that court for modification of the order.
2418 (5) (a) (i) If, at the time of the shelter hearing, a child is removed from the custody of
2420 that time, determine whether there is a relative who is able and willing to care for the child.
2421 (ii) The court may order the Division of Child and Family Services to conduct a
2422 reasonable search to determine whether there are relatives of the child who are willing and
2423 appropriate, in accordance with the requirements of this part and Title 62A, Chapter 4a, Part 2,
2424 Child Welfare Services, for placement of the child. The court shall order the parents to
2425 cooperate with the division, within five working days, to provide information regarding
2426 relatives who may be able and willing to care for the child.
2427 (iii) The child may be placed in the temporary custody of the division pending the
2428 determination under Subsection (5)(a)(ii).
2429 (iv) This section may not be construed as a guarantee that an identified relative will
2430 receive custody of the child. However, preferential consideration shall be given to a relative's
2431 request for placement of the child, if it is in the best interest of the child, and the provisions of
2432 this section are satisfied.
2433 (b) (i) If a willing relative is identified pursuant to Subsection (5)(a), the court shall
2434 make a specific finding regarding the fitness of that relative to assume custody, and the safety
2435 and appropriateness of placement with that relative. In order to be considered a "willing
2436 relative" under this section, the relative shall be willing to cooperate if the child's permanency
2437 goal is reunification with his parent or parents, and be willing to adopt or take permanent
2438 custody of the child if that is determined to be in the best interest of the child.
2439 (ii) The court shall, at a minimum, order the division to conduct criminal background
2440 checks described in Sections 78-3a-307.1 and 62A-4a-202.4 , visit the relative's home, check
2441 the division's management information system for any previous reports of abuse or neglect
2442 regarding the relative at issue, report its findings in writing to the court, and provide sufficient
2443 information so that the court may determine whether:
2444 (A) the relative has any history of abusive or neglectful behavior toward other children
2445 that may indicate or present a danger to this child;
2446 (B) the child is comfortable with the relative;
2447 (C) the relative recognizes the parent's history of abuse and is determined to protect the
2449 (D) the relative is strong enough to resist inappropriate requests by the parent for
2450 access to the child, in accordance with court orders;
2451 (E) the relative is committed to caring for the child as long as necessary; and
2452 (F) the relative can provide a secure and stable environment for the child.
2453 (iii) The court may order the Division of Child and Family Services to conduct any
2454 further investigation regarding the safety and appropriateness of the placement.
2455 (iv) The division shall complete and file its assessment regarding placement with a
2456 relative as soon as practicable, in an effort to facilitate placement of the child with a relative.
2457 (c) The court may place the child in the temporary custody of the division, pending the
2458 division's investigation pursuant to Subsection (5)(b), and the court's determination regarding
2459 that placement. The court shall ultimately base its determination regarding placement with a
2460 relative on the best interest of the child.
2461 (d) For purposes of this section, "relative" means an adult who is a grandparent, great
2462 grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first
2463 cousin, stepsibling, or sibling of the child. In the case of a child defined as an "Indian" under
2464 the Indian Child Welfare Act, 25 U.S.C. Section 1903, "relative" also means an "extended
2465 family member" as defined by that statute.
2466 (6) (a) When the court vests physical custody of a child with a relative pursuant to
2467 Subsection (5), it shall order that the relative assume custody subject to the continuing
2468 supervision of the court, and shall order that any necessary services be provided to the [
2469 child and the relative. That child is not within the temporary custody or custody of the
2470 Division of Child and Family Services. The child and any relative with whom the child is
2471 placed are under the continuing jurisdiction of the court. The court may enter any order that it
2472 considers necessary for the protection and best interest of the child. The court shall provide for
2473 reasonable parent-time with the parent or parents from whose custody the child was removed
2474 unless parent-time is not in the best interest of the child.
2475 (b) (i) Placement with a relative pursuant to Subsection (5) shall be periodically
2476 reviewed by the court, no less often than every six months, to determine whether:
2477 (A) placement with the relative continues to be in the child's best interest;
2478 (B) the child should be returned home; or
2479 (C) the child should be placed in the custody of the division.
2480 (ii) No later than 12 months after placement with a relative the court shall schedule a
2481 hearing for the purpose of entering a permanent order in accordance with the best interest of the
2483 (iii) The time limitations described in Section 78-3a-311 , with regard to reunification
2484 efforts, apply to children placed with a relative pursuant to Subsection (5).
2485 (7) When the court orders that a child be removed from the custody of [
2486 parent and does not vest custody in another parent or relative under this section, the court shall
2487 order that the child be placed in the temporary custody of the Division of Child and Family
2488 Services, to proceed to adjudication and disposition and to be provided with care and services
2489 in accordance with this chapter and Title 62A, Chapter 4a, Child and Family Services.
2490 (8) (a) Any preferential consideration that a relative is initially granted pursuant to
2491 Subsection (5) expires 120 days from the date of the shelter hearing. After that time period has
2492 expired, a relative who has not obtained custody or asserted an interest in a child, may not be
2493 granted preferential consideration by the division or the court.
2494 (b) When the time period described in Subsection (8)(a) has expired, the preferential
2495 consideration which is initially granted to a natural parent in accordance with Subsection (1), is
2496 limited. After that time the court shall base its custody decision on the best interest of the
2498 Section 33. Section 78-3a-309 is amended to read:
2499 78-3a-309. Notice of adjudication hearing.
2500 (1) Upon the filing of a petition pursuant to Section 78-3a-305 , the petitioner shall
2501 cause the petition and notice to be served on:
2502 (a) the guardian ad litem;
2503 (b) both parents and any guardian of the [
2504 (c) the child's foster parents.
2505 (2) The notice shall contain all of the following:
2506 (a) the name and address of the person to whom the notice is directed;
2507 (b) the date, time, and place of the hearing on the petition;
2508 (c) the name of the [
2509 (d) 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 hearing on the petition, and that if the
2511 parent or guardian is indigent and cannot afford an attorney, and desires to be represented by an
2512 attorney, one will be provided; and
2513 (e) a statement that the parent or legal guardian is liable for the cost of support of the
2515 legal counsel appointed for the parent or guardian under Subsection (2)(d), according to [
2516 the parent's or guardian's financial ability.
2517 (3) Notice and a copy of the petition shall be served on all persons required to receive
2518 notice under Subsection (1) as soon as possible after the petition is filed and at least five days
2519 prior to the time set for the hearing.
2520 H. [
2521 78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
2522 (1) The court may:
2523 (a) make any of the dispositions described in Section 78-3a-118 ;
2524 (b) place the minor in the custody or guardianship of any:
2525 (i) individual; or
2526 (ii) public or private entity or agency; or
2527 (c) order:
2528 (i) protective supervision;
2529 (ii) family preservation;
2530 (iii) medical or mental health treatment; or
2531 (iv) other services.
2532 (2) (a) (i) Whenever the court orders continued removal at the dispositional hearing,
2533 and that the minor remain in the custody of the division, the court shall first:
2534 (A) establish a primary permanency goal for the minor; and
2535 (B) determine whether, in view of the primary permanency goal, reunification services
2536 are appropriate for [the minor] a child and [the minor's] a child's family, pursuant to Subsection
2538 (ii) Subject to Subsection (2)(b), if the court determines that reunification services are .H
2540 reasonable parent-time with the parent or parents from whose custody the [minor] child was
2541 removed, unless parent-time is not in the best interest of the [minor] child.
2542 (iii) (A) In cases where obvious sexual abuse, abandonment, or serious physical abuse
2543 or neglect are involved, neither the division nor the court has any duty to make "reasonable
2544 efforts" or to, in any other way, attempt to provide reunification services, or to attempt to
2545 rehabilitate the offending parent or parents.
2546 (B) In all cases, the [minor's] child's health, safety, and welfare shall be the court's
2547 paramount concern in determining whether reasonable efforts to reunify should be made.
2548 (b) (i) For purposes of Subsection (2)(a)(ii), parent-time is in the best interests of a
2549 [minor] child unless the court makes a finding that it is necessary to deny parent-time in order
2551 (A) protect the physical safety of the [minor] child;
2552 (B) protect the life of the [minor] child; or
2553 (C) prevent the [minor] child from being traumatized by contact with the parent due to
2554 the [minor's] child's fear of the parent in light of the nature of the alleged abuse or neglect.
2555 (ii) Notwithstanding Subsection (2)(a)(ii), a court may not deny parent-time based
2556 solely on a parent's failure to:
2557 (A) prove that the parent has not used legal or illegal substances; or
2558 (B) comply with an aspect of the child and family plan that is ordered by the court.
2559 (c) (i) In addition to the primary permanency goal, the court shall establish a concurrent
2560 permanency goal that shall include:
2561 (A) a representative list of the conditions under which the primary permanency goal
2562 will be abandoned in favor of the concurrent permanency goal; and
2563 (B) an explanation of the effect of abandoning or modifying the primary permanency
2565 (ii) A permanency hearing shall be conducted in accordance with Subsection
2566 78-3a-312 (1)(b) within 30 days if something other than reunification is initially established as a
2567 [minor's] child's primary permanency goal.
2568 (iii) (A) The court may amend a [minor's] child's primary permanency goal before the
2569 establishment of a final permanency plan under Section 78-3a-312 .
2571 that the primary permanency goal is abandoned.
2572 (C) If, at any time, the court determines that reunification is no longer a [minor's]
2573 child's primary permanency goal, the court shall conduct a permanency hearing in accordance
2574 with Section 78-3a-312 on or before the earlier of:
2575 (I) 30 days from the day on which the court makes the determination described in this
2576 Subsection (2)(c)(iii)(C); or
2577 (II) 12 months from the day on which the [minor] child was first removed from the
2578 [minor's] child's home.
2579 (d) (i) (A) If the court determines that reunification services are appropriate, it shall
2580 order that the division make reasonable efforts to provide services to the [minor] child and the
2581 [minor's] child's parent for the purpose of facilitating reunification of the family, for a specified
2582 period of time.
2583 (B) In providing the services described in Subsection (2)(d)(i)(A), the [minor's] child's
2584 health, safety, and welfare shall be the division's paramount concern, and the court shall so
2586 (ii) The court shall:
2587 (A) determine whether the services offered or provided by the division under the child
2588 and family plan constitute "reasonable efforts" on the part of the division;
2589 (B) determine and define the responsibilities of the parent under the child and family
2590 plan in accordance with Subsection 62A-4a-205 (6)(e); and
2591 (C) identify on the record the responsibilities described in Subsection (2)(d)(ii)(B), for
2592 the purpose of assisting in any future determination regarding the provision of reasonable
2593 efforts, in accordance with state and federal law.
2594 (iii) (A) The time period for reunification services may not exceed 12 months from the
2595 date that the [minor] child was initially removed from the [minor's] child's home.
2596 (B) Nothing in this section may be construed to entitle any parent to an entire 12
2597 months of reunification services.
2598 (iv) If reunification services are ordered, the court may terminate those services at any
2600 (v) If, at any time, continuation of reasonable efforts to reunify a [minor] child is
2602 pursuant to Subsection 78-3a-312 , then measures shall be taken, in a timely manner, to:
2603 (A) place the [minor] child in accordance with the permanency plan; and
2604 (B) complete whatever steps are necessary to finalize the permanent placement of the
2605 [minor] child.
2606 (e) Any physical custody of the [minor] child by the parent or a relative during the
2607 period described in Subsection (2)(d) does not interrupt the running of the period.
2608 (f) (i) If reunification services are ordered, a permanency hearing shall be conducted by
2609 the court in accordance with Section 78-3a-312 at the expiration of the time period for
2610 reunification services.
2611 (ii) The permanency hearing shall be held no later than 12 months after the original
2612 removal of the [minor] child.
2613 (iii) If reunification services are not ordered, a permanency hearing shall be conducted
2614 within 30 days, in accordance with Section 78-3a-312 .
2615 (g) With regard to a [minor] child who is 36 months of age or younger at the time the
2616 [minor] child is initially removed from the home, the court shall:
2617 (i) hold a permanency hearing eight months after the date of the initial removal,
2618 pursuant to Section 78-3a-312 ; and
2619 (ii) order the discontinuance of those services after eight months from the initial
2620 removal of the [minor] child from the home if the parent or parents have not made substantial
2621 efforts to comply with the child and family plan.
2622 (h) With regard to a [minor] child in the custody of the division whose parent or
2623 parents are ordered to receive reunification services but who have abandoned that [minor] child
2624 for a period of six months from the date that reunification services were ordered:
2625 (i) the court shall terminate reunification services; and
2626 (ii) the division shall petition the court for termination of parental rights.
2627 (3) (a) Because of the state's interest in and responsibility to protect and provide
2628 permanency for [minors] children who are abused, neglected, or dependent, the Legislature
2629 finds that a parent's interest in receiving reunification services is limited.
2630 (b) The court may determine that:
2631 (i) efforts to reunify a [minor] child with the [minor's] child's family are not reasonable
2633 (ii) reunification services should not be provided.
2634 (c) In determining "reasonable efforts" to be made with respect to a [minor] child, and
2635 in making "reasonable efforts," the [minor's] child's health, safety, and welfare shall be the
2636 paramount concern.
2637 (d) (i) There is a presumption that reunification services should not be provided to a
2638 parent if the court finds, by clear and convincing evidence, that any of the following
2639 circumstances exist:
2640 (A) the whereabouts of the parents are unknown, based upon a verified affidavit
2641 indicating that a reasonably diligent search has failed to locate the parent;
2642 (B) subject to Subsection (3)(d)(ii), the parent is suffering from a mental illness of such
2643 magnitude that it renders the parent incapable of utilizing reunification services;
2644 (C) the [minor] child was previously adjudicated as an abused child due to physical or
2645 sexual abuse, and following the adjudication the [minor] child:
2646 (I) was removed from the custody of the [minor's] child's parent;
2647 (II) was subsequently returned to the custody of the parent; and
2648 (III) is being removed due to additional physical or sexual abuse;
2649 (D) the parent:
2650 (I) caused the death of another [minor] child through abuse or neglect; or
2651 (II) committed, aided, abetted, attempted, conspired, or solicited to commit:
2652 (Aa) murder or manslaughter of a child; or
2653 (Bb) child abuse homicide;
2654 (E) the [minor] child suffered severe abuse by the parent or by any person known by
2655 the parent, if the parent knew or reasonably should have known that the person was abusing the
2656 [minor] child;
2657 (F) the [minor] child is adjudicated an abused child as a result of severe abuse by the
2658 parent, and the court finds that it would not benefit the [minor] child to pursue reunification
2659 services with the offending parent;
2660 (G) the parent's rights are terminated with regard to any other [minor] child;
2661 (H) the [minor] child is removed from the [minor's] child's home on at least two
2662 previous occasions and reunification services were offered or provided to the family at those
2664 (I) the parent has abandoned the [minor] child for a period of six months or longer; or
2665 (J) any other circumstance that the court determines should preclude reunification
2666 efforts or services.
2667 (ii) The finding under Subsection (3)(d)(i)(B) shall be based on competent evidence
2668 from mental health professionals establishing that, even with the provision of services, the
2669 parent is not likely to be capable of adequately caring for the [minor] child within 12 months
2670 from the day on which the court finding is made.
2671 (4) In determining whether reunification services are appropriate, the court shall take
2672 into consideration:
2673 (a) failure of the parent to respond to previous services or comply with a previous child
2674 and family plan;
2675 (b) the fact that the [minor] child was abused while the parent was under the influence
2676 of drugs or alcohol;
2677 (c) any history of violent behavior;
2678 (d) whether a parent continues to live with an individual who abused the [minor] child;
2679 (e) any patterns of the parent's behavior that have exposed the [minor] child to repeated
2681 (f) testimony by a competent professional that the parent's behavior is unlikely to be
2682 successful; and
2683 (g) whether the parent has expressed an interest in reunification with the [minor] child.
2684 (5) (a) If reunification services are not ordered pursuant to Subsection (3)(a), and the
2685 whereabouts of a parent become known within six months of the out-of-home placement of the
2686 [minor] child, the court may order the division to provide reunification services.
2687 (b) The time limits described in Subsection (2) are not tolled by the parent's absence.
2688 (6) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
2689 services unless it determines that those services would be detrimental to the [minor] child.
2690 (b) In making the determination described in Subsection (6)(a), the court shall
2692 (i) the age of the [minor] child;
2693 (ii) the degree of parent-child bonding;
2695 (iv) the nature of the treatment;
2696 (v) the nature of the crime or illness;
2697 (vi) the degree of detriment to the [minor] child if services are not offered;
2698 (vii) for a [minor] child ten years of age or older, the [minor's] child's attitude toward
2699 the implementation of family reunification services; and
2700 (viii) any other appropriate factors.
2701 (c) Reunification services for an incarcerated parent are subject to the 12-month
2702 limitation imposed in Subsection (2).
2703 (d) Reunification services for an institutionalized parent are subject to the 12-month
2704 limitation imposed in Subsection (2), unless the court determines that continued reunification
2705 services would be in the [minor's] child's best interest.
2706 (7) If, pursuant to Subsections (3)(d)(i)(B) through (J), the court does not order
2707 reunification services, a permanency hearing shall be conducted within 30 days, in accordance
2708 with Section 78-3a-312 .
2709 Section 35. Section 78-3a-311.5 is amended to read:
2710 78-3a-311.5. Six-month review hearing -- Court determination regarding
2711 reasonable efforts by the Division of Child and Family Services and parental compliance
2712 with child and family plan requirements.
2713 If reunification efforts have been ordered by the court, a hearing shall be held no more
2714 than six months after initial removal of a [minor] child from the [minor's] child's home, in
2715 order for the court to determine whether:
2716 (1) the division has provided and is providing "reasonable efforts" to reunify a family,
2717 in accordance with the child and family plan established under Section 62A-4a-205 ; and
2718 (2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order
2719 to comply with the requirements of the child and family plan.
2720 Section 36. Section 78-3a-312 is amended to read:
2721 78-3a-312. Permanency hearing -- Final plan -- Petition for termination of
2722 parental rights filed -- Hearing on termination of parental rights.
2723 (1) (a) When reunification services have been ordered in accordance with Section
2724 78-3a-311 , with regard to a [minor] child who is in the custody of the Division of Child and
2726 the original removal of [the minor] that child.
2727 (b) If reunification services were not ordered at the dispositional hearing, a permanency
2728 hearing shall be held within 30 days from the date of the dispositional hearing.
2729 (2) (a) If reunification services were ordered by the court in accordance with Section
2730 78-3a-311 , the court shall, at the permanency hearing, determine, consistent with Subsection
2731 (3), whether the [minor] child may safely be returned to the custody of the [minor's] child's
2733 (b) If the court finds, by a preponderance of the evidence, that return of the [minor]
2734 child would create a substantial risk of detriment to the [minor's] child's physical or emotional
2735 well-being, the [minor] child may not be returned to the custody of the [minor's] child's parent.
2736 (c) Prima facie evidence that return of the [minor] child to a parent or guardian would
2737 create a substantial risk of detriment to the [minor] child is established if the parent or guardian
2738 fails to:
2739 (i) participate in a court approved child and family plan;
2740 (ii) comply with a court approved child and family plan in whole or in part; or
2741 (iii) meet the goals of a court approved child and family plan.
2742 (3) In making a determination under Subsection (2)(a), the court shall review and
2744 (a) the report prepared by the Division of Child and Family Services;
2745 (b) any admissible evidence offered by the [minor's] child's guardian ad litem;
2746 (c) any report prepared by a foster care citizen review board pursuant to Section
2747 78-3g-103 ;
2748 (d) any evidence regarding the efforts or progress demonstrated by the parent; and
2749 (e) the extent to which the parent cooperated and availed himself of the services
2751 (4) (a) With regard to a case where reunification services were ordered by the court, if
2752 a [minor] child is not returned to the [minor's] child's parent or guardian at the permanency
2753 hearing, the court shall:
2754 (i) order termination of reunification services to the parent;
2755 (ii) make a final determination regarding whether termination of parental rights,
2757 [minor] child, taking into account the [minor's] child's primary permanency goal established by
2758 the court pursuant to Section 78-3a-311 ; and
2759 (iii) establish a concurrent plan that identifies the second most appropriate final plan
2760 for the [minor] child.
2761 (b) If the Division of Child and Family Services documents to the court that there is a
2762 compelling reason that adoption, reunification, guardianship, and kinship placement are not in
2763 the [minor's] child's best interest, the court may order another planned permanent living
2764 arrangement, in accordance with federal law.
2765 (c) If the [minor] child clearly desires contact with the parent, the court shall take the
2766 [minor's] child's desire into consideration in determining the final plan.
2767 (d) Consistent with Subsection (4)(e), the court may not extend reunification services
2768 beyond 12 months from the date the [minor] child was initially removed from the [minor's]
2769 child's home, in accordance with the provisions of Section 78-3a-311 , except that the court may
2770 extend reunification services for no more than 90 days if the court finds that:
2771 (i) there has been substantial compliance with the child and family plan;
2772 (ii) reunification is probable within that 90-day period; and
2773 (iii) the extension is in the best interest of the [minor] child.
2774 (e) (i) In no event may any reunification services extend beyond 15 months from the
2775 date the [minor] child was initially removed from the [minor's] child's home.
2776 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
2777 basis for the court to extend services for that parent beyond that 12-month period.
2778 (f) The court may, in its discretion:
2779 (i) enter any additional order that it determines to be in the best interest of the [minor]
2780 child, so long as that order does not conflict with the requirements and provisions of
2781 Subsections (4)(a) through (e); or
2782 (ii) order the division to provide protective supervision or other services to a minor and
2783 the minor's family after the division's custody of a minor [has been] is terminated.
2784 (5) If the final plan for the [minor] child is to proceed toward termination of parental
2785 rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
2786 calendar days after the permanency hearing.
2788 permanency hearing on the basis that continuation of reunification efforts are inconsistent with
2789 the permanency needs of the [minor] child.
2790 (b) If the court so determines, it shall order, in accordance with federal law, that:
2791 (i) the [minor] child be placed in accordance with the permanency plan; and
2792 (ii) whatever steps are necessary to finalize the permanent placement of the [minor]
2793 child be completed as quickly as possible.
2794 (7) Nothing in this section may be construed to:
2795 (a) entitle any parent to reunification services for any specified period of time;
2796 (b) limit a court's ability to terminate reunification services at any time prior to a
2797 permanency hearing; or
2798 (c) limit or prohibit the filing of a petition for termination of parental rights by any
2799 party, or a hearing on termination of parental rights, at any time prior to a permanency hearing.
2800 (8) (a) Subject to Subsection (8)(b), if a petition for termination of parental rights is
2801 filed prior to the date scheduled for a permanency hearing, the court may consolidate the
2802 hearing on termination of parental rights with the permanency hearing.
2803 (b) For purposes of Subsection (8)(a), if the court consolidates the hearing on
2804 termination of parental rights with the permanency hearing:
2805 (i) the court shall first make a finding regarding whether reasonable efforts have been
2806 made by the Division of Child and Family Services to finalize the permanency goal for the
2807 [minor] child; and
2808 (ii) any reunification services shall be terminated in accordance with the time lines
2809 described in Section 78-3a-311 .
2810 (c) A decision on a petition for termination of parental rights shall be made within 18
2811 months from the day on which the [minor] child is removed from the [minor's] child's home.
2812 Section H. [
2813 78-3a-313.5. Mandatory petition for termination of parental rights.
2814 (1) For purposes of this section, "abandoned infant" means a [
2815 months of age or younger whose parent or parents:
2816 (a) although having legal custody of the [
2817 of the [
2818 (b) have failed to:
2819 (i) maintain physical custody; and
2820 (ii) exhibit the normal interest of a natural parent without just cause; or
2821 (c) are unwilling to have physical custody of the [
2822 (2) Except as provided in Subsection (3), notwithstanding any other provision of this
2823 chapter or of Title 62A, Chapter 4a, Child and Family Services, the division shall file a petition
2824 for termination of parental rights with regard to:
2825 (a) an abandoned infant; or
2826 (b) the [
2827 (i) committed murder or child abuse homicide of another [
2828 (ii) committed manslaughter of another [
2829 (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
2830 homicide, or manslaughter against another [
2831 (iv) committed a felony assault or abuse that results in serious physical injury to:
2832 (A) another [
2833 (B) the other parent of the [
2834 (3) The division is not required to file a petition for termination of parental rights under
2835 Subsection (2) if:
2836 (a) the [
2837 (b) the division has:
2838 (i) documented in the [
2839 determining that filing a petition for termination of parental rights is not in the [
2840 best interest; and
2841 (ii) made that child and family plan available to the court for its review; or
2842 (c) (i) the court has previously determined, in accordance with the provisions and
2843 limitations of Sections 62A-4a-201 , 62A-4a-203 , 78-3a-306 , and 78-3a-311 , that reasonable
2844 efforts to reunify the [
2846 (ii) the division has not provided, within the time period specified in the child and
2847 family plan, services that had been determined to be necessary for the safe return of the [
2849 Section H. [
2850 78-3a-316.1. Proceedings arising from failure to attend public school.
2851 (1) When a proceeding arises from a [
2852 based upon the assertion of a constitutional or statutory right or duty, raised either by the
2854 the petition and resolve the issues associated with the asserted constitutional or statutory claims
2855 within 15 days after the petition is filed. The parties may waive the time limitation described
2856 in this subsection.
2857 (2) Absent an emergency situation or other exigent circumstances, the court may not
2858 enter any order changing the educational status of the [
2859 petition was filed, until the hearing described in Subsection (1) [
2860 (3) Parties proceeding under this section shall, insofar as it is possible, provide the
2861 court with factual stipulations and make all other efforts that are reasonably available to
2862 minimize the time required to hear the claims described in Subsection (1).
2863 Section H. [
2864 78-3a-321. Mental health therapists.
2865 (1) When a mental health practitioner is appointed in any juvenile court proceeding to
2866 evaluate the mental health of a parent or a minor, or to provide mental health services to a
2867 parent or minor, the court:
2868 (a) may appoint any mental health therapist, as defined in Section 58-60-102 , which the
2869 court finds to be qualified; and
2870 (b) may not refuse to appoint a mental health therapist for the reason that the therapist's
2871 recommendations in another case have not followed the recommendations of the Division of
2872 Child and Family Services.
2873 (2) This section applies to all juvenile court proceedings involving:
2874 (a) parents and [
2875 (b) the Division of Child and Family Services.
2876 Section H. [
2877 78-3a-350. Separate procedures for minors committed to the Division of Child
2878 and Family Services on grounds other than abuse or neglect -- Attorney general
2880 (1) The processes and procedures described in Part 3, Abuse, Neglect, and Dependency
2881 Proceedings, designed to meet the needs of minors who are abused or neglected, are not
2882 applicable to a minor who is committed to the custody of the Division of Child and Family
2883 Services on a basis other than abuse or neglect and who are classified in the division's
2884 management information system as having been placed in custody primarily on the basis of
2885 delinquent behavior or a status offense.
2886 (2) The procedures described in Subsection 78-3a-119 (2)(a) are applicable to [
2888 (3) The court may appoint a guardian ad litem to represent the interests of a minor
2889 described in Subsection (1), upon request of the minor or the minor's parent or guardian.
2890 (4) As of July 1, 1998, the attorney general's office shall represent the Division of
2891 Child and Family Services with regard to actions involving [
2892 has not been adjudicated as abused or neglected, but who [
2893 custody of the division by the juvenile court, and who [
2894 management information system as having been placed in custody primarily on the basis of
2895 delinquent behavior or a status offense. Nothing in Subsection (3) may be construed to affect
2896 the responsibility of the county attorney or district attorney to represent the state in those
2897 matters, in accordance with the provisions of Section 78-3a-116 .
2898 Section H. [
2899 78-3a-407. Grounds for termination of parental rights -- Findings regarding
2900 reasonable efforts.
2901 (1) The court may terminate all parental rights with respect to a parent if the court finds
2902 any one of the following:
2903 (a) that the parent has abandoned the [
2904 (b) that the parent has neglected or abused the [
2905 (c) that the parent is unfit or incompetent;
2906 (d) (i) that the [
2907 supervision of the court or the division;
2908 (ii) that the parent has substantially neglected, wilfully refused, or has been unable or
2909 unwilling to remedy the circumstances that cause the [
2910 placement; and
2911 (iii) that there is a substantial likelihood that the parent will not be capable of
2912 exercising proper and effective parental care in the near future;
2913 (e) failure of parental adjustment, as defined in this chapter;
2914 (f) that only token efforts have been made by the parent:
2915 (i) to support or communicate with the [
2916 (ii) to prevent neglect of the [
2917 (iii) to eliminate the risk of serious physical, mental, or emotional abuse of the [
2918 child; or
2919 (iv) to avoid being an unfit parent;
2920 (g) (i) that the parent has voluntarily relinquished the parent's parental rights to the
2922 (ii) that termination is in the [
2923 (h) that, after a period of trial during which the [
2925 failed to give the [
2926 (i) the terms and conditions of safe relinquishment of a newborn child have been
2927 complied with, pursuant to Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn
2929 (2) The court may not terminate the parental rights of a parent because the parent has
2930 failed to complete the requirements of a child and family plan.
2931 (3) (a) Except as provided in Subsection (3)(b), in any case in which the court has
2932 directed the division to provide reunification services to a parent, the court must find that the
2933 division made reasonable efforts to provide those services before the court may terminate the
2934 parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
2935 (b) Notwithstanding Subsection (3)(a), the court is not required to make the finding
2936 under Subsection (3)(a) before terminating a parent's rights:
2937 (i) under Subsection (1)(b), if the court finds that the abuse or neglect occurred
2938 subsequent to adjudication; or
2939 (ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
2940 required under federal law.
2941 Section H. [
2942 78-3a-415. Mental health therapist.
2943 (1) When a mental health practitioner is to be appointed in a parental rights action to
2944 evaluate the mental health of a parent or a [
2945 a parent or a [
2946 (a) may appoint any mental health therapist, as defined in Section 58-60-102 , which the
2947 court finds to be qualified;
2948 (b) may not refuse to appoint a mental health therapist for the reason that the therapist's
2949 recommendations in another case have not followed the recommendations of the Division of
2950 Child and Family Services or the Office of the Guardian Ad Litem; and
2951 (c) shall give strong consideration to the parent's or guardian's wishes regarding the
2952 selection of a mental health therapist.
2953 (2) This section applies to all juvenile court proceedings involving:
2954 (a) parents and [
2955 (b) the Division of Child and Family Services.
2956 Section H. [
2957 78-3a-502. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
2958 referral -- Citation -- Failure to appear.
2959 (1) [
2961 (2) (a) A peace officer or any public official of the state, any county, city, or town
2962 charged with the enforcement of the laws of the state or local jurisdiction shall file a formal
2963 referral with the juvenile court within ten days of [
2964 taken to a detention facility, the formal referral shall be filed with the juvenile court within 72
2965 hours, excluding weekends and holidays. There shall be no requirement to file a formal
2966 referral with the juvenile court on an offense that would be a class B misdemeanor or less if
2967 committed by an adult.
2968 (b) When the court is informed by a peace officer or other person that a minor is or
2969 appears to be within the court's jurisdiction, the probation department shall make a preliminary