H.B. 433

1

CONTINUING PARENTAL RIGHTS IN
2 DISABLED CHILDREN
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: LaVar Christensen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill directs the Child Welfare Legislative Oversight Panel to conduct a study
11 regarding whether, and in what manner, a parent should retain parental rights in a
12 parent's child who has a disability arising from a brain injury, mental retardation, or a
13 related condition.
14 Highlighted Provisions:
15 This bill:
16 . directs the Child Welfare Legislative Oversight Panel to, during the 2006 interim,
17 conduct a study to determine:
18 . whether a parent should retain parental rights in a parent's child who has a
19 disability arising from a brain injury, mental retardation, or a related condition;
20 . which parental rights should be retained; and
21 . the procedure that should be used to ensure that parental rights are retained in a
22 manner that is consistent with the United States Constitution and good public
23 policy; and
24 . directs that, if the Child Welfare Legislative Oversight Panel determines that
25 parental rights should be retained as described in this bill, the Child Welfare
26 Legislative Oversight Panel shall recommend legislation to implement that
27 determination.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill is repealed on November 30, 2006.
32 Uncodified Material Affected:
33 ENACTS UNCODIFIED MATERIAL
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Study by Child Welfare Legislative Oversight Panel.
37 (1) During the 2006 interim, the Child Welfare Legislative Oversight Panel shall
38 conduct a study to determine whether a parent should retain parental rights in a parent's child
39 who:
40 (a) is 18 years of age or older; and
41 (b) has a disability arising from:
42 (i) a brain injury;
43 (ii) mental retardation; or
44 (iii) a related condition as defined in 42 C.F.R. 435.1009.
45 (2) If the Child Welfare Legislative Oversight Panel finds that a parent should retain
46 parental rights in a child described in Subsection (1), the Child Welfare Legislative Oversight
47 Panel shall:
48 (a) determine which parental rights should be retained;
49 (b) determine the procedure that should be used to ensure that parental rights are
50 retained in a manner that is consistent with:
51 (i) the United States Constitution; and
52 (ii) good public policy; and
53 (c) recommend legislation to implement the determinations described in this
54 Subsection (2).
55 Section 2. Repeal date.
56 This bill is repealed on November 30, 2006.

Legislative Review Note
as of 2-8-06 10:31 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel