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S.B. 178
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7 LONG TITLE
8 General Description:
9 This bill changes the term "custody" to "parental responsibility."
10 Highlighted Provisions:
11 This bill:
12 . changes the term "custody" within the context of divorce to "parental
13 responsibility"; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 30-1-9, as last amended by Chapter 1, Laws of Utah 2000
22 30-1-17.2, as last amended by Chapter 150, Laws of Utah 2005
23 30-2-10, as last amended by Chapter 122, Laws of Utah 1977
24 30-3-1, as last amended by Chapter 47, Laws of Utah 1997
25 30-3-3, as last amended by Chapter 255, Laws of Utah 2001
26 30-3-5, as last amended by Chapter 129, Laws of Utah 2005
27 30-3-5.2, as last amended by Chapter 255, Laws of Utah 2001
28 30-3-10, as last amended by Chapter 314, Laws of Utah 2006
29 30-3-10.1, as last amended by Chapter 269, Laws of Utah 2003
30 30-3-10.2, as last amended by Chapter 142, Laws of Utah 2005
31 30-3-10.3, as last amended by Chapter 126, Laws of Utah 2001
32 30-3-10.4, as last amended by Chapter 142, Laws of Utah 2005
33 30-3-10.8, as enacted by Chapter 126, Laws of Utah 2001
34 30-3-11.2, as enacted by Chapter 72, Laws of Utah 1969
35 30-3-11.3, as last amended by Chapter 173, Laws of Utah 2006
36 30-3-12, as last amended by Chapter 72, Laws of Utah 1969
37 30-3-32, as last amended by Chapter 287, Laws of Utah 2006
38 30-3-33, as last amended by Chapters 132 and 321, Laws of Utah 2004
39 30-3-34, as last amended by Chapter 255, Laws of Utah 2001
40 30-3-35, as last amended by Chapter 321, Laws of Utah 2004
41 30-3-35.5, as last amended by Chapter 321, Laws of Utah 2004
42 30-3-38, as last amended by Chapter 352, Laws of Utah 2004
43 30-4-3, as last amended by Chapter 257, Laws of Utah 1991
44 30-5-2, as last amended by Chapter 129, Laws of Utah 2005
45 30-6-4, as last amended by Chapter 157, Laws of Utah 2006
46 30-6-4.2, as last amended by Chapter 156, Laws of Utah 2005
47 30-6a-103, as enacted by Chapter 157, Laws of Utah 2006
48 31A-22-610.5, as last amended by Chapters 108 and 185, Laws of Utah 2004
49 53A-2-201, as last amended by Chapter 282, Laws of Utah 1995
50 53A-11-101, as last amended by Chapter 99, Laws of Utah 1999
51 53A-13-101.2, as last amended by Chapter 10, Laws of Utah 1996, Second Special
52 Session
53 62A-4a-119, as enacted by Chapter 274, Laws of Utah 2000
54 62A-4a-412, as last amended by Chapters 77 and 281, Laws of Utah 2006
55 62A-11-320.6, as enacted by Chapter 232, Laws of Utah 1997
56 76-5-303, as last amended by Chapter 255, Laws of Utah 2001
57 78-2a-3, as last amended by Chapters 255 and 302, Laws of Utah 2001
58 78-3a-103, as last amended by Chapters 75, 97 and 281, Laws of Utah 2006
59 78-3a-104, as last amended by Chapters 55, 132 and 281, Laws of Utah 2006
60 78-3a-105, as last amended by Chapters 55 and 281, Laws of Utah 2006
61 78-3a-106, as last amended by Chapters 13 and 281, Laws of Utah 2006
62 78-3a-112, as last amended by Chapter 281, Laws of Utah 2006
63 78-3a-1001, as enacted by Chapter 132, Laws of Utah 2006
64 78-30-4.14, as repealed and reenacted by Chapter 186, Laws of Utah 2006
65 78-32-12.1, as last amended by Chapter 129, Laws of Utah 2005
66 78-32-17, as last amended by Chapter 255, Laws of Utah 2001
67 78-45-2, as last amended by Chapters 161 and 186, Laws of Utah 2000
68 78-45-4.4, as enacted by Chapter 161, Laws of Utah 2000
69 78-45-4.5, as enacted by Chapter 161, Laws of Utah 2000
70 78-45-7.2, as last amended by Chapter 176, Laws of Utah 2003
71 78-45-7.7, as last amended by Chapter 255, Laws of Utah 2001
72 78-45-7.8, as last amended by Chapter 118, Laws of Utah 1994
73 78-45-7.9, as last amended by Chapter 186, Laws of Utah 2000
74 78-45-7.11, as last amended by Chapter 176, Laws of Utah 2003
75 78-45-7.13, as last amended by Chapter 246, Laws of Utah 2003
76 78-45-7.15, as last amended by Chapter 176, Laws of Utah 2003
77 78-45-7.17, as last amended by Chapter 255, Laws of Utah 2001
78 78-45c-102, as last amended by Chapter 255, Laws of Utah 2001
79 78-45f-103, as last amended by Chapter 78, Laws of Utah 2004
80 78-45g-610, as enacted by Chapter 150, Laws of Utah 2005
81 78-45g-616, as enacted by Chapter 150, Laws of Utah 2005
82 ENACTS:
83 30-3-2.5, Utah Code Annotated 1953
84
85 Be it enacted by the Legislature of the state of Utah:
86 Section 1. Section 30-1-9 is amended to read:
87 30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
88 authorization.
89 (1) For purposes of this section, "minor" means a male or female under 18 years of age.
90 (2) (a) If at the time of applying for a license the applicant is a minor, and not before
91 married, a license may not be issued without the signed consent of the minor's father, mother,
92 or guardian given in person to the clerk; however:
93 (i) if the parents of the minor are divorced, consent shall be given by the parent having
94 [
95 to the clerk;
96 (ii) if the parents of the minor are divorced and have been awarded joint [
97 parental responsibilities concerning the minor, consent shall be given by the parent [
98
99 oath of affirmation to the clerk; or
100 (iii) if the minor is not [
101 guardian shall provide the consent and provide proof of guardianship by court order as well as
102 an oath of affirmation.
103 (b) If the male or female is 15 years of age, the minor and the parent or guardian of the
104 minor shall obtain a written authorization to marry from:
105 (i) a judge of the court exercising juvenile jurisdiction in the county where either party
106 to the marriage resides; or
107 (ii) a court commissioner as permitted by rule of the Judicial Council.
108 (3) (a) Before issuing written authorization for a minor to marry, the judge or court
109 commissioner shall determine:
110 (i) that the minor is entering into the marriage voluntarily; and
111 (ii) the marriage is in the best interests of the minor under the circumstances.
112 (b) The judge or court commissioner shall require that both parties to the marriage
113 complete premarital counseling. This requirement may be waived if premarital counseling is
114 not reasonably available.
115 (c) The judge or court commissioner may require:
116 (i) that the person continue to attend school, unless excused under Section
117 53A-11-102 ; and
118 (ii) any other conditions that the court deems reasonable under the circumstances.
119 (4) The determination required in Subsection (3) shall be made on the record. Any
120 inquiry conducted by the judge or commissioner may be conducted in chambers.
121 Section 2. Section 30-1-17.2 is amended to read:
122 30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
123 property, and children -- Presumption of paternity in marriage.
124 (1) If the parties have accumulated any property or acquired any obligations subsequent
125 to the marriage, if there is a genuine need arising from an economic change of circumstances
126 due to the marriage, or if there are children born or expected, the court may make temporary
127 and final orders, and subsequently modify the orders, relating to the parties, their property and
128 obligations, [
129 children and parent-time, and the support and maintenance of the parties and children, as may
130 be equitable.
131 (2) A man is presumed to be the father of a child if:
132 (a) he and the mother of the child are married to each other and the child is born during
133 the marriage;
134 (b) he and the mother of the child were married to each other and the child is born
135 within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
136 or divorce, or after a decree of separation;
137 (c) before the birth of the child, he and the mother of the child married each other in
138 apparent compliance with law, even if the attempted marriage is, or could be, declared invalid
139 and the child is born during the invalid marriage or within 300 days after its termination by
140 death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
141 (d) after the birth of the child, he and the mother of the child have married each other
142 in apparent compliance with law, whether or not the marriage is, or could be declared, invalid,
143 he voluntarily asserted his paternity of the child, and there is no other presumptive father of the
144 child, and:
145 (i) the assertion is in a record filed with the state registrar;
146 (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
147 (iii) he promised in a record to support the child as his own.
148 (3) If the child was born at the time of entry of a divorce decree, other children are
149 named as children of the marriage, but that child is specifically not named, the husband is not
150 presumed to be the father of the child not named in the order.
151 (4) A presumption of paternity established under this section may only be rebutted in
152 accordance with Section 78-45g-607 .
153 (5) A final order or decree issued by a tribunal in which paternity is adjudicated may
154 not be set aside unless the court finds that one of the parties perpetrated a fraud in the
155 establishment of the paternity and another party did not know or could not reasonably have
156 known of the fraud at the time of the entry of the order. The party who committed the fraud
157 may not bring the action.
158 Section 3. Section 30-2-10 is amended to read:
159 30-2-10. Homestead rights -- Custody of children.
160 Neither the husband nor wife can remove the other or their children from the homestead
161 without the consent of the other, unless the owner of the property shall in good faith provide
162 another homestead suitable to the condition in life of the family; and if a husband or wife
163 abandons his or her spouse, that spouse is entitled to the [
164 responsibility for the minor children, unless a court of competent jurisdiction shall otherwise
165 direct.
166 Section 4. Section 30-3-1 is amended to read:
167 30-3-1. Procedure -- Residence -- Grounds.
168 (1) Proceedings in divorce are commenced and conducted as provided by law for
169 proceedings in civil causes, except as provided in this chapter.
170 (2) The court may decree a dissolution of the marriage contract between the petitioner
171 and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or
172 respondent has been an actual and bona fide resident of this state and of the county where the
173 action is brought, or if members of the armed forces of the United States who are not legal
174 residents of this state, where the petitioner has been stationed in this state under military orders,
175 for three months next prior to the commencement of the action.
176 (3) Grounds for divorce:
177 (a) impotency of the respondent at the time of marriage;
178 (b) adultery committed by the respondent subsequent to marriage;
179 (c) willful desertion of the petitioner by the respondent for more than one year;
180 (d) willful neglect of the respondent to provide for the petitioner the common
181 necessaries of life;
182 (e) habitual drunkenness of the respondent;
183 (f) conviction of the respondent for a felony;
184 (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily
185 injury or great mental distress to the petitioner;
186 (h) irreconcilable differences of the marriage;
187 (i) incurable insanity; or
188 (j) when the husband and wife have lived separately under a decree of separate
189 maintenance of any state for three consecutive years without cohabitation.
190 (4) A decree of divorce granted under Subsection (3)(j) does not affect the liability of
191 either party under any provision for separate maintenance previously granted.
192 (5) (a) A divorce may not be granted on the grounds of insanity unless:
193 (i) the respondent has been adjudged insane by the appropriate authorities of this or
194 another state prior to the commencement of the action; and
195 (ii) the court finds by the testimony of competent witnesses that the insanity of the
196 respondent is incurable.
197 (b) The court shall appoint for the respondent a guardian ad litem who shall protect the
198 interests of the respondent. A copy of the summons and complaint shall be served on the
199 respondent in person or by publication, as provided by the laws of this state in other actions for
200 divorce, or upon his guardian ad litem, and upon the county attorney for the county where the
201 action is prosecuted.
202 (c) The county attorney shall investigate the merits of the case and if the respondent
203 resides out of this state, take depositions as necessary, attend the proceedings, and make a
204 defense as is just to protect the rights of the respondent and the interests of the state.
205 (d) In all actions the court and judge have jurisdiction over the payment of alimony, the
206 distribution of property, and the [
207 maintenance of minor children, as the courts and judges possess in other actions for divorce.
208 (e) The petitioner or respondent may, if the respondent resides in this state, upon
209 notice, have the respondent brought into the court at trial, or have an examination of the
210 respondent by two or more competent physicians, to determine the mental condition of the
211 respondent. For this purpose either party may have leave from the court to enter any asylum or
212 institution where the respondent may be confined. The costs of court in this action shall be
213 apportioned by the court.
214 Section 5. Section 30-3-2.5 is enacted to read:
215 30-3-2.5. Legislative intent regarding the terms "custody," "custodial," and
216 "noncustodial."
217 (1) The Legislature recognizes that both parents are responsible for their minor
218 children. The Legislature further recognizes that when circumstances force parents to live
219 apart, the children must be accounted for and a nomenclature of reference terms created.
220 (2) It is the intent of the Legislature that the term "custody" in reference to children
221 who reside with and are under the legal and physical care of a parent due to a separation or
222 divorce be changed throughout this code to "parental responsibility" whenever practicable. If,
223 due to the context of the word "custody" it is not practicable to change the term to "parental
224 responsibility," it shall, if applicable, nevertheless, be inferred from the context.
225 (3) The term "custodial parent" shall be interchangeable with "the parent with whom a
226 child regularly resides" whenever practicable throughout this code.
227 (4) The term "noncustodial parent" shall be interchangeable with "the parent with
228 whom a child does not regularly reside" whenever practicable throughout this code.
229 Section 6. Section 30-3-3 is amended to read:
230 30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
231 (1) In any action filed under Title 30, Chapter 3, 4, or 6, and in any action to establish
232 an order [
233 or division of property in a domestic case, the court may order a party to pay the costs, attorney
234 fees, and witness fees, including expert witness fees, of the other party to enable the other party
235 to prosecute or defend the action. The order may include provision for costs of the action.
236 (2) In any action to enforce an order [
237 parent-time, child support, alimony, or division of property in a domestic case, the court may
238 award costs and attorney fees upon determining that the party substantially prevailed upon the
239 claim or defense. The court, in its discretion, may award no fees or limited fees against a party
240 if the court finds the party is impecunious or enters in the record the reason for not awarding
241 fees.
242 (3) In any action listed in Subsection (1), the court may order a party to provide money,
243 during the pendency of the action, for the separate support and maintenance of the other party
244 and of any children [
245 (4) Orders entered under this section prior to entry of the final order or judgment may
246 be amended during the course of the action or in the final order or judgment.
247 Section 7. Section 30-3-5 is amended to read:
248 30-3-5. Disposition of property -- Maintenance and health care of parties and
249 children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
250 parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
251 (1) When a decree of divorce is rendered, the court may include in it equitable orders
252 relating to the children, property, debts or obligations, and parties. The court shall include the
253 following in every decree of divorce:
254 (a) an order assigning responsibility for the payment of reasonable and necessary
255 medical and dental expenses of the dependent children;
256 (b) if coverage is or becomes available at a reasonable cost, an order requiring the
257 purchase and maintenance of appropriate health, hospital, and dental care insurance for the
258 dependent children;
259 (c) pursuant to Section 15-4-6.5 :
260 (i) an order specifying which party is responsible for the payment of joint debts,
261 obligations, or liabilities of the parties contracted or incurred during marriage;
262 (ii) an order requiring the parties to notify respective creditors or obligees, regarding
263 the court's division of debts, obligations, or liabilities and regarding the parties' separate,
264 current addresses; and
265 (iii) provisions for the enforcement of these orders; and
266 (d) provisions for income withholding in accordance with Title 62A, Chapter 11,
267 Recovery Services.
268 (2) The court may include, in an order determining child support, an order assigning
269 financial responsibility for all or a portion of child care expenses incurred on behalf of the
270 dependent children, necessitated by the employment or training of the custodial parent. If the
271 court determines that the circumstances are appropriate and that the dependent children would
272 be adequately cared for, it may include an order allowing the [
273 the child does not regularly reside to provide child care for the dependent children, necessitated
274 by the employment or training of the [
275 (3) The court has continuing jurisdiction to make subsequent changes or new orders for
276 the [
277 maintenance, health, and dental care, and for distribution of the property and obligations for
278 debts as is reasonable and necessary.
279 (4) Child support, [
280 related to children born to the mother and father after entry of the decree of divorce may be
281 added to the decree by modification.
282 (5) (a) In determining parent-time rights of parents and visitation rights of grandparents
283 and other members of the immediate family, the court shall consider the best interest of the
284 child.
285 (b) Upon a specific finding by the court of the need for peace officer enforcement, the
286 court may include in an order establishing a parent-time or visitation schedule a provision,
287 among other things, authorizing any peace officer to enforce a court-ordered parent-time or
288 visitation schedule entered under this chapter.
289 (6) If a petition for modification of [
290 responsibilities or parent-time provisions of a court order is made and denied, the court shall
291 order the petitioner to pay the reasonable attorneys' fees expended by the prevailing party in
292 that action, if the court determines that the petition was without merit and not asserted or
293 defended against in good faith.
294 (7) If a petition alleges noncompliance with a parent-time order by a parent, or a
295 visitation order by a grandparent or other member of the immediate family where a visitation or
296 parent-time right has been previously granted by the court, the court may award to the
297 prevailing party costs, including actual attorney fees and court costs incurred by the prevailing
298 party because of the other party's failure to provide or exercise court-ordered visitation or
299 parent-time.
300 (8) (a) The court shall consider at least the following factors in determining alimony:
301 (i) the financial condition and needs of the recipient spouse;
302 (ii) the recipient's earning capacity or ability to produce income;
303 (iii) the ability of the payor spouse to provide support;
304 (iv) the length of the marriage;
305 (v) whether the recipient spouse has [
306 responsibilities for minor children requiring support;
307 (vi) whether the recipient spouse worked in a business owned or operated by the payor
308 spouse; and
309 (vii) whether the recipient spouse directly contributed to any increase in the payor
310 spouse's skill by paying for education received by the payor spouse or allowing the payor
311 spouse to attend school during the marriage.
312 (b) The court may consider the fault of the parties in determining alimony.
313 (c) As a general rule, the court should look to the standard of living, existing at the
314 time of separation, in determining alimony in accordance with Subsection (8)(a). However, the
315 court shall consider all relevant facts and equitable principles and may, in its discretion, base
316 alimony on the standard of living that existed at the time of trial. In marriages of short
317 duration, when no children have been conceived or born during the marriage, the court may
318 consider the standard of living that existed at the time of the marriage.
319 (d) The court may, under appropriate circumstances, attempt to equalize the parties'
320 respective standards of living.
321 (e) When a marriage of long duration dissolves on the threshold of a major change in
322 the income of one of the spouses due to the collective efforts of both, that change shall be
323 considered in dividing the marital property and in determining the amount of alimony. If one
324 spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
325 the marriage, the court may make a compensating adjustment in dividing the marital property
326 and awarding alimony.
327 (f) In determining alimony when a marriage of short duration dissolves, and no
328 children have been conceived or born during the marriage, the court may consider restoring
329 each party to the condition which existed at the time of the marriage.
330 (g) (i) The court has continuing jurisdiction to make substantive changes and new
331 orders regarding alimony based on a substantial material change in circumstances not
332 foreseeable at the time of the divorce.
333 (ii) The court may not modify alimony or issue a new order for alimony to address
334 needs of the recipient that did not exist at the time the decree was entered, unless the court
335 finds extenuating circumstances that justify that action.
336 (iii) In determining alimony, the income of any subsequent spouse of the payor may not
337 be considered, except as provided in this Subsection (8).
338 (A) The court may consider the subsequent spouse's financial ability to share living
339 expenses.
340 (B) The court may consider the income of a subsequent spouse if the court finds that
341 the payor's improper conduct justifies that consideration.
342 (h) Alimony may not be ordered for a duration longer than the number of years that the
343 marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
344 circumstances that justify the payment of alimony for a longer period of time.
345 (9) Unless a decree of divorce specifically provides otherwise, any order of the court
346 that a party pay alimony to a former spouse automatically terminates upon the remarriage or
347 death of that former spouse. However, if the remarriage is annulled and found to be void ab
348 initio, payment of alimony shall resume if the party paying alimony is made a party to the
349 action of annulment and his or her rights are determined.
350 (10) Any order of the court that a party pay alimony to a former spouse terminates
351 upon establishment by the party paying alimony that the former spouse is cohabitating with
352 another person.
353 Section 8. Section 30-3-5.2 is amended to read:
354 30-3-5.2. Allegations of child abuse or child sexual abuse -- Investigation.
355 When, in any divorce proceeding or upon a request for modification of a divorce
356 decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the
357 court, after making an inquiry, may order that an investigation be conducted by the Division of
358 Child and Family Services within the Department of Human Services in accordance with Title
359 62A, Chapter 4a. A final [
360 parent-time may not be rendered until a report on that investigation, consistent with Section
361 62A-4a-412 , is received by the court. That investigation shall be conducted by the Division of
362 Child and Family Services within 30 days of the court's notice and request for an investigation.
363 In reviewing this report, the court shall comply with Section 78-7-9 .
364 Section 9. Section 30-3-10 is amended to read:
365 30-3-10. Custody of children in case of separation or divorce -- Custody
366 consideration.
367 (1) If a husband and wife having minor children are separated, or their marriage is
368 declared void or dissolved, the court shall make an order for the future care and [
369 allocation of parental responsibilities for the minor children as it considers appropriate.
370 (a) In determining [
371 court shall consider the best interests of the child and, among other factors the court finds
372 relevant, the following:
373 (i) the past conduct and demonstrated moral standards of each of the parties;
374 (ii) which parent is most likely to act in the best interest of the child, including
375 allowing the child frequent and continuing contact with the [
376 the child does not regularly reside;
377 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
378 and nature of the relationship between a parent and child; and
379 (iv) those factors outlined in Section 30-3-10.2 .
380 (b) The court shall, in every case, consider joint [
381 responsibilities but may award any form of [
382 determined to be in the best interest of the child.
383 (c) The children may not be required by either party to testify unless the trier of fact
384 determines that extenuating circumstances exist that would necessitate the testimony of the
385 children be heard and there is no other reasonable method to present their testimony.
386 (d) The court may inquire of the children and take into consideration the children's
387 desires regarding future [
388 schedules, but the expressed desires are not controlling and the court may determine the
389 [
390 desires of a child 16 years of age or older shall be given added weight, but is not the single
391 controlling factor.
392 (e) If interviews with the children are conducted by the court pursuant to Subsection
393 (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be
394 obtained but is not necessary if the court finds that an interview with the children is the only
395 method to ascertain the child's desires regarding [
396 responsibilities.
397 (2) In awarding [
398 other factors the court finds relevant, which parent is most likely to act in the best interests of
399 the child, including allowing the child frequent and continuing contact with the [
400 parent with whom the child does not regularly reside as the court finds appropriate.
401 (3) If the court finds that one parent does not desire [
402 responsibility for the child, or has attempted to permanently relinquish [
403 parental responsibilities to a third party, it shall take that evidence into consideration in
404 determining whether to award [
405 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
406 parent due to a disability, as defined in Section 57-21-2 , in [
407 parental responsibilities or determining whether a substantial change has occurred for the
408 purpose of modifying an [
409 (b) If a court takes a parent's disability into account in [
410 parental responsibilities or determining whether a substantial change has occurred for the
411 purpose of modifying an [
412 with a disability may rebut any evidence, presumption, or inference arising from the disability
413 by showing that:
414 (i) the disability does not significantly or substantially inhibit the parent's ability to
415 provide for the physical and emotional needs of the child at issue; or
416 (ii) the parent with a disability has sufficient human, monetary, or other resources
417 available to supplement the parent's ability to provide for the physical and emotional needs of
418 the child at issue.
419 (c) Nothing in this section may be construed to apply to adoption proceedings under
420 Title 78, Chapter 30, Adoption.
421 (5) This section establishes neither a preference nor a presumption for or against [
422
423 allows the court and the family the widest discretion to choose a parenting plan that is in the
424 best interest of the child.
425 Section 10. Section 30-3-10.1 is amended to read:
426 30-3-10.1. Definitions -- Joint legal custody -- Joint physical custody.
427 As used in this chapter:
428 (1) "Joint legal [
429 (a) means the sharing of the rights, privileges, duties, and powers of a parent by both
430 parents, where specified;
431 (b) may include an award of exclusive authority by the court to one parent to make
432 specific decisions;
433 (c) does not affect the physical [
434 the order [
435 (d) is not based on awarding equal or nearly equal periods of physical [
436 parental responsibility for and access to the child to each of the parents, as the best interest of
437 the child often requires that a primary physical residence for the child be designated; and
438 (e) does not prohibit the court from specifying one parent as the primary caretaker and
439 one home as the primary residence of the child.
440 (2) "Joint physical [
441 (a) means the child stays with each parent overnight for more than 30% of the year, and
442 both parents contribute to the expenses of the child in addition to paying child support;
443 (b) can mean equal or nearly equal periods of parental responsibility for the child in a
444 specific physical [
445 required to meet the best interest of the child;
446 (c) may require that a primary physical residence for the child be designated; and
447 (d) does not prohibit the court from specifying one parent as the primary caretaker and
448 one home as the primary residence of the child.
449 Section 11. Section 30-3-10.2 is amended to read:
450 30-3-10.2. Joint custody order -- Factors for court determination -- Public
451 assistance.
452 (1) The court may order joint legal [
453 [
454 accordance with Section 30-3-10.8 and it determines that [
455
456 (2) In determining whether the best interest of a child will be served by [
457
458 the following factors:
459 (a) whether the physical, psychological, and emotional needs and development of the
460 child will benefit from joint legal or physical custody;
461 (b) the ability of the parents to give first priority to the welfare of the child and reach
462 shared decisions in the child's best interest;
463 (c) whether each parent is capable of encouraging and accepting a positive relationship
464 between the child and the other parent, including the sharing of love, affection, and contact
465 between the child and the other parent;
466 (d) whether both parents participated in raising the child before the divorce;
467 (e) the geographical proximity of the homes of the parents;
468 (f) the preference of the child if the child is of sufficient age and capacity to reason so
469 as to form an intelligent preference as to [
470 parental responsibilities;
471 (g) the maturity of the parents and their willingness and ability to protect the child from
472 conflict that may arise between the parents;
473 (h) the past and present ability of the parents to cooperate with each other and make
474 decisions jointly;
475 (i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
476 (j) any other factors the court finds relevant.
477 (3) The determination of the best interest of the child shall be by a preponderance of
478 the evidence.
479 (4) The court shall inform both parties that an order [
480 allocating joint parental responsibility for the residence of the child may preclude eligibility for
481 cash assistance provided under Title 35A, Chapter 3, Employment Support Act.
482 (5) The court may order that where possible the parties attempt to settle future disputes
483 by a dispute resolution method before seeking enforcement or modification of the terms and
484 conditions of the order [
485 responsibilities through litigation, except in emergency situations requiring ex parte orders to
486 protect the child.
487 Section 12. Section 30-3-10.3 is amended to read:
488 30-3-10.3. Terms of joint legal custody order.
489 (1) Unless the court orders otherwise, before a final order [
490 [
491 divorcing parents, as provided in Section 30-3-11.3 , and present a certificate of completion
492 from the course to the court.
493 (2) An order for allocation of joint legal [
494 provide terms the court determines appropriate, which may include specifying:
495 (a) either the county of residence of the child, until altered by further order of the court,
496 or the [
497 right to determine the child's residence [
498 (b) that the parents shall exchange information concerning the health, education, and
499 welfare of the child, and where possible, confer before making decisions concerning any of
500 these areas;
501 (c) the rights and duties of each parent regarding the child's present and future physical
502 care, support, and education;
503 (d) provisions to minimize disruption of the child's attendance at school and other
504 activities, his daily routine, and his association with friends; and
505 (e) as necessary, the remaining parental rights, privileges, duties, and powers to be
506 exercised by the parents solely, concurrently, or jointly.
507 (3) The court shall, where possible, include in the order the terms of the parenting plan
508 provided in accordance with Section 30-3-10.8 .
509 (4) Any parental rights not specifically addressed by the court order may be exercised
510 by the parent [
511 responsibility for the child the majority of the time.
512 (5) (a) The [
513 responsibility does not impair or limit the authority of the court to order support [
514 child, including payments by one [
515 (b) An order of joint legal [
516 modifying a support order.
517 (c) The agreement shall contain a dispute resolution procedure the parties agree to use
518 before seeking enforcement or modification of the terms and conditions of the order [
519 allocating joint legal [
520 situations requiring ex parte orders to protect the child.
521 Section 13. Section 30-3-10.4 is amended to read:
522 30-3-10.4. Modification or termination of order.
523 (1) On the motion of one or both of the parents, or the joint legal custodians if they are
524 not the parents, the court may, after a hearing, modify an order that [
525 allocated parental responsibilities if:
526 (a) the circumstances of the child or one or both custodians have materially and
527 substantially changed since the entry of the order to be modified; and
528 (b) a modification of the terms and conditions of the order would be an improvement
529 for and in the best interest of the child.
530 (2) A parent requesting a modification from sole [
531
532 any other type of shared parenting arrangement, shall file and serve a proposed parenting plan
533 with the petition to modify in accordance with Section 30-3-10.8 .
534 (3) The order [
535 terminated by order of the court if one or both parents file a motion for termination and the
536 court determines that the allocation of joint legal [
537 unworkable or inappropriate under existing circumstances. At the time of entry of an order
538 terminating the allocation of joint legal [
539 an order of sole legal [
540 issues, including parent-time and child support, shall also be determined and ordered by the
541 court.
542 (4) If the court finds that an action under this section is filed or answered frivolously
543 and in a manner designed to harass the other party, the court shall assess attorney's fees as costs
544 against the offending party.
545 Section 14. Section 30-3-10.8 is amended to read:
546 30-3-10.8. Parenting plan -- Filing -- Modifications.
547 (1) In any proceeding under this chapter, including actions for paternity, any party
548 requesting [
549 parental responsibility or any other type of shared parenting arrangement, shall file and serve a
550 proposed parenting plan at the time of the filing of their original petition or at the time of filing
551 their answer or counterclaim.
552 (2) In proceedings for a modification of [
553 responsibilities provisions or modification of a parenting plan, a proposed parenting plan shall
554 be filed and served with the petition to modify, or the answer or counterclaim to the petition to
555 modify.
556 (3) A party who files a proposed parenting plan in compliance with this section may
557 move the court for an order of default to adopt the plan if the other party fails to file a proposed
558 parenting plan as required by this section.
559 (4) Either party may file and serve an amended proposed parenting plan according to
560 the rules for amending pleadings.
561 (5) The parent submitting a proposed parenting plan shall attach a verified statement
562 that the plan is proposed by that parent in good faith.
563 (6) Both parents may submit a parenting plan which has been agreed upon. A verified
564 statement, signed by both parents, shall be attached.
565 (7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad
566 litem to represent the best interests of the child, who may, if necessary, file a separate parenting
567 plan reflecting the best interests of the child.
568 Section 15. Section 30-3-11.2 is amended to read:
569 30-3-11.2. Appointment of counsel for child.
570 If, in any action before any court of this state involving the [
571 parental responsibilities or support of a child, it shall appear in the best interests of the child to
572 have a separate exposition of the issues and personal representation for the child, the court may
573 appoint counsel to represent the child throughout the action, and the attorney's fee for such
574 representation may be taxed as a cost of the action.
575 Section 16. Section 30-3-11.3 is amended to read:
576 30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
577 Curriculum -- Exceptions.
578 (1) There is established a mandatory course for divorcing parents as a pilot program in
579 the third and fourth judicial districts to be administered by the Administrative Office of the
580 Courts from July 1, 1992, to June 30, 1994. On July 1, 1994, an approved course shall be
581 implemented in all judicial districts. The mandatory course is designed to educate and
582 sensitize divorcing parties to their children's needs both during and after the divorce process.
583 (2) The Judicial Council shall adopt rules to implement and administer this program.
584 (3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
585 mandatory course on their children's needs after filing a complaint for divorce and receiving a
586 docket number, unless waived under Section 30-3-4 . If that requirement is waived, the court
587 may permit the divorce action to proceed.
588 (4) The court may require unmarried parents to attend this educational course when
589 those parents are involved in a [
590 the court to allocate parental responsibilities.
591 (5) The mandatory course shall instruct both parties about divorce and its impacts on:
592 (a) their child or children;
593 (b) their family relationship;
594 (c) their financial responsibilities for their child or children; and
595 (d) that domestic violence has a harmful effect on children and family relationships.
596 (6) The Administrative Office of the Courts shall administer the course pursuant to
597 Title 63, Chapter 56, Utah Procurement Code, through private or public contracts and organize
598 the program in each of Utah's judicial districts. The contracts shall provide for the recoupment
599 of administrative expenses through the costs charged to individual parties, pursuant to
600 Subsection (8).
601 (7) A certificate of completion constitutes evidence to the court of course completion
602 by the parties.
603 (8) (a) Each party shall pay the costs of the course to the independent contractor
604 providing the course at the time and place of the course. A fee of $8 shall be collected, as part
605 of the course fee paid by each participant, and deposited in the Children's Legal Defense
606 Account, described in Section 63-63a-8 .
607 (b) Each party who is unable to pay the costs of the course may attend the course
608 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
609 impecuniosity filed in the district court. In those situations, the independent contractor shall be
610 reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
611 "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
612 may be entered, the court shall make a final review and determination of impecuniosity and
613 may order the payment of the costs if so determined.
614 (9) Appropriations from the General Fund to the Administrative Office of the Courts
615 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
616 the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
617 (10) The Administrative Office of the Courts shall adopt a program to evaluate the
618 effectiveness of the mandatory educational course. Progress reports shall be provided annually
619 to the Judiciary Interim Committee.
620 Section 17. Section 30-3-12 is amended to read:
621 30-3-12. Courts to exercise family counseling powers.
622 Each district court of the respective judicial districts, while sitting in matters of divorce,
623 annulment, separate maintenance, [
624 alimony and support in connection therewith, [
625 responsibilities in habeas corpus proceedings, and adoptions, shall exercise the family
626 counseling powers conferred by this [
627 Section 18. Section 30-3-32 is amended to read:
628 30-3-32. Parent-time -- Intent -- Policy -- Definitions.
629 (1) It is the intent of the Legislature to promote parent-time at a level consistent with
630 all parties' interests.
631 (2) (a) A court shall consider as primary the safety and well-being of the child and the
632 parent who is the victim of domestic or family violence.
633 (b) Absent a showing by a preponderance of evidence of real harm or substantiated
634 potential harm to the child:
635 (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
636 have frequent, meaningful, and continuing access to each parent following separation or
637 divorce;
638 (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
639 frequent, meaningful, and continuing access with his child consistent with the child's best
640 interests; and
641 (iii) it is in the best interests of the child to have both parents actively involved in
642 parenting the child.
643 (c) An order issued by a court pursuant to Title 30, Chapter 6, Cohabitant Abuse Act
644 shall be considered evidence of real harm or substantiated potential harm to the child.
645 (3) For purposes of Sections 30-3-32 through 30-3-37 :
646 (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
647 (b) "Christmas school vacation" means the time period beginning on the evening the
648 child gets out of school for the Christmas or winter school break until the evening before the
649 child returns to school, except for Christmas Eve and Christmas Day.
650 (c) "Extended parent-time" means a period of parent-time other than a weekend,
651 holiday as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as provided in
652 Subsections 30-3-33 (3) and [
653 (d) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
654 email, instant messaging, video conferencing, and other wired or wireless technologies over the
655 Internet or other communication media to supplement in-person [
656 [
657 the child is [
658 designed to supplement, not replace, in-person parent-time.
659 (4) If a parent relocates because of an act of domestic violence or family violence by
660 the other parent, the court shall make specific findings and orders with regards to the
661 application of Section 30-3-37 .
662 Section 19. Section 30-3-33 is amended to read:
663 30-3-33. Advisory guidelines.
664 In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5 ,
665 advisory guidelines are suggested to govern all parent-time arrangements between parents.
666 These advisory guidelines include:
667 (1) parent-time schedules mutually agreed upon by both parents are preferable to a
668 court-imposed solution;
669 (2) the parent-time schedule shall be utilized to maximize the continuity and stability
670 of the child's life;
671 (3) special consideration shall be given by each parent to make the child available to
672 attend family functions including funerals, weddings, family reunions, religious holidays,
673 important ceremonies, and other significant events in the life of the child or in the life of either
674 parent which may inadvertently conflict with the parent-time schedule;
675 (4) the responsibility for the pick up, delivery, and return of the child shall be
676 determined by the court when the parent-time order is entered, and may be changed at any time
677 a subsequent modification is made to the parent-time order;
678 (5) if the [
679 providing transportation, the [
680 have the child ready for parent-time at the time the child is to be picked up and shall be present
681 at the [
682 child at the time the child is returned;
683 (6) if the [
684 the child, the [
685
686 at the appointed time and place, or have made reasonable alternate arrangements for the
687 [
688 (7) regular school hours may not be interrupted for a school-age child for the exercise
689 of parent-time by either parent;
690 (8) the court may make alterations in the parent-time schedule to reasonably
691 accommodate the work schedule of both parents and may increase the parent-time allowed to
692 the [
693 the standardized parent-time provided in Sections 30-3-35 and 30-3-35.5 ;
694 (9) the court may make alterations in the parent-time schedule to reasonably
695 accommodate the distance between the parties and the expense of exercising parent-time;
696 (10) neither parent-time nor child support is to be withheld due to either parent's failure
697 to comply with a court-ordered parent-time schedule;
698 (11) the [
699 [
700 sports, and community functions in which the child is participating or being honored, and the
701 [
702 and participate fully;
703 (12) the [
704 access directly to all school reports including preschool and daycare reports and medical
705 records and shall be notified immediately by the [
706 regularly resides in the event of a medical emergency;
707 (13) each parent shall provide the other with his current address and telephone number,
708 email address, and other virtual parent-time access information within 24 hours of any change;
709 (14) each parent shall permit and encourage, during reasonable hours, reasonable and
710 uncensored communications with the child, in the form of mail privileges and virtual
711 parent-time if the equipment is reasonably available, provided that if the parties cannot agree
712 on whether the equipment is reasonably available, the court shall decide whether the equipment
713 for virtual parent-time is reasonably available, taking into consideration:
714 (a) the best interests of the child;
715 (b) each parent's ability to handle any additional expenses for virtual parent-time; and
716 (c) any other factors the court considers material;
717 (15) parental care shall be presumed to be better care for the child than surrogate care
718 and the court shall encourage the parties to cooperate in allowing the [
719 with whom the child does not regularly reside, if willing and able, to provide child care;
720 (16) each parent shall provide all surrogate care providers with the name, current
721 address, and telephone number of the other parent and shall provide the [
722 with whom the child does not regularly reside with the name, current address, and telephone
723 number of all surrogate care providers unless the court for good cause orders otherwise; and
724 (17) each parent shall be entitled to an equal division of major religious holidays
725 celebrated by the parents, and the parent who celebrates a religious holiday that the other parent
726 does not celebrate shall have the right to be together with the child on the religious holiday.
727 Section 20. Section 30-3-34 is amended to read:
728 30-3-34. Best interests -- Rebuttable presumption.
729 (1) If the parties are unable to agree on a parent-time schedule, the court may establish
730 a parent-time schedule consistent with the best interests of the child.
731 (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
732 schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
733 interests of the child. The parent-time schedule shall be considered the minimum parent-time
734 to which the [
735 shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that
736 more or less parent-time should be awarded based upon any of the following criteria:
737 (a) parent-time would endanger the child's physical health or significantly impair the
738 child's emotional development;
739 (b) the distance between the [
740 parent with whom the child does not regularly reside;
741 (c) a substantiated or unfounded allegation of child abuse has been made;
742 (d) the lack of demonstrated parenting skills without safeguards to ensure the child's
743 well-being during parent-time;
744 (e) the financial inability of the [
745 regularly reside to provide adequate food and shelter for the child during periods of
746 parent-time;
747 (f) the preference of the child if the court determines the child to be of sufficient
748 maturity;
749 (g) the incarceration of the [
750 regularly reside in a county jail, secure youth corrections facility, or an adult corrections
751 facility;
752 (h) shared interests between the child and the [
753 child does not regularly reside;
754 (i) the involvement of the [
755 reside in the school, community, religious, or other related activities of the child;
756 (j) the availability of the [
757 reside to care for the child when the [
758 unavailable to do so because of work or other circumstances;
759 (k) a substantial and chronic pattern of missing, canceling, or denying regularly
760 scheduled parent-time;
761 (l) the minimal duration of and lack of significant bonding in the parents' relationship
762 prior to the conception of the child;
763 (m) the parent-time schedule of siblings;
764 (n) the lack of reasonable alternatives to the needs of a nursing child; and
765 (o) any other criteria the court determines relevant to the best interests of the child.
766 (3) The court shall enter the reasons underlying its order for parent-time that:
767 (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5 ; or
768 (b) provides more or less parent-time than a parent-time schedule provided in Section
769 30-3-35 or 30-3-35.5 .
770 (4) Once the parent-time schedule has been established, the parties may not alter the
771 schedule except by mutual consent of the parties or a court order.
772 Section 21. Section 30-3-35 is amended to read:
773 30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
774 (1) The parent-time schedule in this section applies to children 5 to 18 years of age.
775 (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
776 considered the minimum parent-time to which the [
777 does not regularly reside and the child shall be entitled:
778 (a) (i) one weekday evening to be specified by the [
779 child does not regularly reside or the court from 5:30 p.m. until 8:30 p.m.; or
780 (ii) at the election of the [
781 reside, one weekday from the time the child's school is regularly dismissed until 8:30 p.m.,
782 unless the court directs the application of Subsection (2)(a)(i);
783 (b) (i) alternating weekends beginning on the first weekend after the entry of the decree
784 from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
785 (ii) at the election of the [
786 reside, from the time the child's school is regularly dismissed on Friday until 7 p.m. on Sunday,
787 unless the court directs the application of Subsection (2)(b)(i);
788 (c) holidays take precedence over the weekend parent-time, and changes shall not be
789 made to the regular rotation of the alternating weekend parent-time schedule;
790 (d) if a holiday falls on a regularly scheduled school day, the [
791 whom the child does not regularly reside shall be responsible for the child's attendance at
792 school for that school day;
793 (e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday
794 period extends beyond that time so that the child is free from school and the parent is free from
795 work, the [
796 to this lengthier holiday period; or
797 (ii) at the election of the [
798 reside, parent-time over a scheduled holiday weekend may begin from the time the child's
799 school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last
800 day of the holiday weekend;
801 (f) in years ending in an odd number, the [
802 does not regularly reside is entitled to the following holidays:
803 (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
804 until 9 p.m.; at the discretion of the [
805 regularly reside, he may take other siblings along for the birthday;
806 (ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
807 the holiday extends for a lengthier period of time to which the [
808 whom the child does not regularly reside is completely entitled;
809 (iii) spring break or Easter holiday beginning at 6 p.m. on the day school lets out for
810 the holiday until 7 p.m. on the Sunday before school resumes;
811 (iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the
812 holiday extends for a lengthier period of time to which the [
813 the child does not regularly reside is completely entitled;
814 (v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the
815 holiday;
816 (vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
817 the holiday; and
818 (vii) the first portion of the Christmas school vacation as defined in Subsection
819 30-3-32 (3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday
820 is equally divided;
821 (g) in years ending in an even number, the [
822 does not regularly reside is entitled to the following holidays:
823 (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion
824 of the [
825 siblings along for the birthday;
826 (ii) Washington and Lincoln Day beginning at 6 p.m. on Friday until 7 p.m. on Monday
827 unless the holiday extends for a lengthier period of time to which the [
828 with whom the child does not regularly reside is completely entitled;
829 (iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the
830 holiday;
831 (iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
832 extends for a lengthier period of time to which the [
833 does not regularly reside is completely entitled;
834 (v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning
835 at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period
836 of time to which the [
837 completely entitled;
838 (vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
839 holiday;
840 (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
841 (viii) the second portion of the Christmas school vacation, including New Year's Day,
842 as defined in Subsection 30-3-32 (3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so
843 long as the entire Christmas holiday is equally divided;
844 (h) the [
845 year holidays in even years and the even year holidays in odd years;
846 (i) Father's Day shall be spent with the natural or adoptive father every year beginning
847 at 9 a.m. until 7 p.m. on the holiday;
848 (j) Mother's Day shall be spent with the natural or adoptive mother every year
849 beginning at 9 a.m. until 7 p.m. on the holiday;
850 (k) extended parent-time with the [
851 regularly reside may be:
852 (i) up to four weeks consecutive at the option of the [
853 the child does not regularly reside;
854 (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
855 (iii) the remaining two weeks shall be subject to parent-time for the [
856 with whom the child regularly resides consistent with these guidelines;
857 (l) the [
858 two-week period of uninterrupted time during the children's summer vacation from school for
859 purposes of vacation;
860 (m) if the child is enrolled in year-round school, the [
861 parent-time for the parent with whom the child does not regularly reside shall be 1/2 of the
862 vacation time for year-round school breaks, provided the [
863 child regularly resides has holiday and phone visits;
864 (n) notification of extended parent-time or vacation weeks with the child shall be
865 provided at least 30 days in advance to the other parent; and
866 (o) telephone contact and other virtual parent-time, if the equipment is reasonably
867 available, shall be at reasonable hours and for reasonable duration, provided that if the parties
868 cannot agree on whether the equipment is reasonably available, the court shall decide whether
869 the equipment for virtual parent-time is reasonably available, taking into consideration:
870 (i) the best interests of the child;
871 (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
872 (iii) any other factors the court considers material.
873 (3) Any elections required to be made in accordance with this section by either parent
874 concerning parent-time shall be made a part of the decree and made a part of the parent-time
875 order.
876 Section 22. Section 30-3-35.5 is amended to read:
877 30-3-35.5. Minimum schedule for parent-time for children under five years of
878 age.
879 (1) The parent-time schedule in this section applies to children under five years old.
880 (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
881 considered the minimum parent-time to which the [
882 does not regularly reside and the child shall be entitled:
883 (a) for children under five months of age:
884 (i) six hours of parent-time per week to be specified by the court or the [
885 parent with whom the child does not regularly reside preferably:
886 (A) divided into three parent-time periods; and
887 (B) in the [
888 familiar to the child; and
889 (ii) two hours on holidays and in the years specified in Subsections 30-3-35 (2)(f)
890 through (i) preferably in the [
891 environment familiar to the child;
892 (b) for children five months of age or older, but younger than ten months of age:
893 (i) nine hours of parent-time per week to be specified by the court or the [
894 parent with whom the child does not regularly reside preferably:
895 (A) divided into three parent-time periods; and
896 (B) in the [
897 familiar to the child; and
898 (ii) two hours on the holidays and in the years specified in Subsections 30-3-35 (2)(f)
899 through (i) preferably in the [
900 environment familiar to the child;
901 (c) for children ten months of age or older, but younger than 18 months of age:
902 (i) one eight hour visit per week to be specified by the [
903 whom the child does not regularly reside or court;
904 (ii) one three hour visit per week to be specified by the [
905 whom the child does not regularly reside or court;
906 (iii) eight hours on the holidays and in the years specified in Subsections 30-3-35 (2)(f)
907 through (i); and
908 (iv) brief telephone contact and other virtual parent-time, if the equipment is
909 reasonably available, with the [
910 reside at least two times per week, provided that if the parties cannot agree on whether the
911 equipment is reasonably available, the court shall decide whether the equipment for virtual
912 parent-time is reasonably available, taking into consideration:
913 (A) the best interests of the child;
914 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
915 (C) any other factors the court considers material;
916 (d) for children 18 months of age or older, but younger than three years of age:
917 (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
918 [
919 child is being cared for during the day outside [
920 [
921 to the [
922 caregiver at an earlier time and return [
923 8:30 p.m.;
924 (ii) alternative weekends beginning on the first weekend after the entry of the decree
925 from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
926 (iii) parent-time on holidays as specified in Subsections 30-3-35 (2)(c) through (i);
927 (iv) extended parent-time may be:
928 (A) two one-week periods, separated by at least four weeks, at the option of the
929 [
930 (B) one week shall be uninterrupted time for the [
931 child does not regularly reside;
932 (C) the remaining week shall be subject to parent-time for the [
933 whom the child regularly resides consistent with these guidelines; and
934 (D) the [
935 one-week period of uninterrupted time for vacation; and
936 (v) brief telephone contact and virtual parent-time, if the equipment is reasonably
937 available, with the [
938 two times per week, provided that if the parties cannot agree on whether the equipment is
939 reasonably available, the court shall decide whether the equipment for virtual parent-time is
940 reasonably available, taking into consideration:
941 (A) the best interests of the child;
942 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
943 (C) any other factors the court considers material;
944 (e) for children three years of age or older, but younger than five years of age:
945 (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
946 [
947 child is being cared for during the day outside [
948 [
949 to the [
950 caregiver at an earlier time and return [
951 8:30 p.m.;
952 (ii) alternative weekends beginning on the first weekend after the entry of the decree
953 from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
954 (iii) parent-time on holidays as specified in Subsections 30-3-35 (2)(c) through (i);
955 (iv) extended parent-time with the [
956 regularly reside may be:
957 (A) two two-week periods, separated by at least four weeks, at the option of the
958 [
959 (B) one two-week period shall be uninterrupted time for the [
960 whom the child does not regularly reside;
961 (C) the remaining two-week period shall be subject to parent-time for the [
962 parent with whom the child regularly resides consistent with these guidelines; and
963 (D) the [
964 two-week period of uninterrupted time for vacation; and
965 (v) brief telephone contact and virtual parent-time, if the equipment is reasonably
966 available, with the [
967 two times per week, provided that if the parties cannot agree on whether the equipment is
968 reasonably available, the court shall decide whether the equipment for virtual parent-time is
969 reasonably available, taking into consideration:
970 (A) the best interests of the child;
971 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
972 (C) any other factors the court considers material.
973 (3) A parent shall notify the other parent at least 30 days in advance of extended
974 parent-time or vacation weeks.
975 (4) Virtual parent-time shall be at reasonable hours and for reasonable duration.
976 Section 23. Section 30-3-38 is amended to read:
977 30-3-38. Pilot Program for Expedited Parent-time Enforcement.
978 (1) There is established an Expedited Parent-time Enforcement Pilot Program in the
979 third judicial district to be administered by the Administrative Office of the Courts from July 1,
980 2003, to July 1, 2007.
981 (2) As used in this section:
982 (a) "Mediator" means a person who:
983 (i) is qualified to mediate parent-time disputes under criteria established by the
984 Administrative Office of the Courts; and
985 (ii) agrees to follow billing guidelines established by the Administrative Office of the
986 Courts and this section.
987 (b) "Services to facilitate parent-time" or "services" means services designed to assist
988 families in resolving parent-time problems through:
989 (i) counseling;
990 (ii) supervised parent-time;
991 (iii) neutral drop-off and pick-up;
992 (iv) educational classes; and
993 (v) other related activities.
994 (3) (a) Under this pilot program, if a parent files a motion in the third district court
995 alleging that court-ordered parent-time rights are being violated, the clerk of the court, after
996 assigning the case to a judge, shall refer the case to the administrator of this pilot program for
997 assignment to a mediator.
998 (b) Upon receipt of a case, the mediator shall:
999 (i) meet with the parents to address parent-time issues within 15 days of the motion
1000 being filed;
1001 (ii) assess the situation;
1002 (iii) facilitate an agreement on parent-time between the parents; and
1003 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
1004 warranted.
1005 (c) While a case is in mediation, a mediator may refer the parents to a service provider
1006 designated by the Department of Human Services for services to facilitate parent-time if:
1007 (i) the services may be of significant benefit to the parents; or
1008 (ii) (A) a mediated agreement between the parents is unlikely; and
1009 (B) the services may facilitate an agreement.
1010 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
1011 case to the administrator of the pilot program for referral to the judge or court commissioner to
1012 whom the case was assigned under Subsection (3)(a) if:
1013 (i) a written agreement between the parents is reached; or
1014 (ii) the parents are unable to reach an agreement through mediation and:
1015 (A) the parents have received services to facilitate parent-time;
1016 (B) both parents object to receiving services to facilitate parent-time; or
1017 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
1018 (e) Upon receiving a case from the administrator of the pilot program, a judge or court
1019 commissioner may:
1020 (i) review the agreement of the parents and, if acceptable, sign it as an order;
1021 (ii) order the parents to receive services to facilitate parent-time;
1022 (iii) proceed with the case; or
1023 (iv) take other appropriate action.
1024 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
1025 child who is the subject of a parent-time order against the other parent or a member of the other
1026 parent's household to a mediator or service provider, the mediator or service provider shall
1027 immediately report that information to:
1028 (i) the judge assigned to the case who may immediately issue orders and take other
1029 appropriate action to resolve the allegation and protect the child; and
1030 (ii) the Division of Child and Family Services within the Department of Human
1031 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
1032 Reporting Requirements.
1033 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
1034 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
1035 order of the court, be supervised until:
1036 (i) the allegation has been resolved; or
1037 (ii) a court orders otherwise.
1038 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
1039 mediate parent-time problems and a service provider may continue to provide services to
1040 facilitate parent-time unless otherwise ordered by a court.
1041 (5) (a) The Department of Human Services may contract with one or more entities in
1042 accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
1043 (i) services to facilitate parent-time;
1044 (ii) case management services; and
1045 (iii) administrative services.
1046 (b) An entity who contracts with the Department of Human Services under Subsection
1047 (5)(a) shall:
1048 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
1049 (ii) agree to follow billing guidelines established by the Department of Human Services
1050 and this section.
1051 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
1052 (i) reduced to a sum certain;
1053 (ii) divided equally between the parents; and
1054 (iii) charged against each parent taking into account the ability of that parent to pay
1055 under billing guidelines adopted in accordance with this section.
1056 (b) A judge may order a parent to pay an amount in excess of that provided for in
1057 Subsection (6)(a) if the parent:
1058 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
1059 or
1060 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
1061 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
1062 parents at periodic intervals.
1063 (ii) Mediation and services to facilitate parent-time may only be terminated on the
1064 ground of nonpayment if both parents are delinquent.
1065 (7) If a parent fails to cooperate in good faith in mediation or services to facilitate
1066 parent-time, a court may order, in subsequent proceedings, a temporary change in [
1067 allocation of parental responsibilities or parent-time.
1068 (8) (a) The Judicial Council may make rules to implement and administer the
1069 provisions of this pilot program related to mediation.
1070 (b) The Department of Human Services may make rules to implement and administer
1071 the provisions of this pilot program related to services to facilitate parent-time.
1072 (9) (a) The Administrative Office of the Courts shall adopt outcome measures to
1073 evaluate the effectiveness of the mediation component of this pilot program. Progress reports
1074 shall be provided to the Judiciary Interim Committee as requested by the committee. At least
1075 once during this pilot program, the Administrative Office of the Courts shall present to the
1076 committee the results of a survey that measures the effectiveness of the program in terms of
1077 increased compliance with parent-time orders and the responses of interested persons.
1078 (b) The Department of Human Services shall adopt outcome measures to evaluate the
1079 effectiveness of the services component of this pilot program. Progress reports shall be
1080 provided to the Judiciary Interim Committee as requested by the committee.
1081 (c) The Administrative Office of the Courts and the Department of Human Services
1082 may adopt joint outcome measures and file joint reports to satisfy the requirements of
1083 Subsections (8)(a) and (b).
1084 (10) (a) The Department of Human Services shall, by following the procedures and
1085 requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply for federal funds as
1086 available.
1087 (b) This pilot program shall be funded through funds received under Subsection
1088 (10)(a).
1089 Section 24. Section 30-4-3 is amended to read:
1090 30-4-3. Custody and maintenance of children -- Property and debt division --
1091 Support payments.
1092 (1) In all actions brought under this chapter the court may by order or decree:
1093 (a) provide for the care, [
1094 maintenance of the minor children of the parties and may determine with which of the parties
1095 the children or any of them shall remain;
1096 (b) (i) provide for support of either spouse and the support of the minor children
1097 remaining with that spouse;
1098 (ii) provide how and when support payments shall be made; and
1099 (iii) provide that either spouse have a lien upon the property of the other to secure
1100 payment of the support or maintenance obligation;
1101 (c) award to either spouse the possession of any real or personal property of the other
1102 spouse or acquired by the spouses during the marriage; or
1103 (d) pursuant to Section 15-4-6.5 :
1104 (i) specify which party is responsible for the payment of joint debts, obligations, or
1105 liabilities contracted or incurred by the parties during the marriage;
1106 (ii) require the parties to notify respective creditors or obligees regarding the court's
1107 division of debts, obligations, and liabilities and regarding the parties' separate, current
1108 addresses; and
1109 (iii) provide for the enforcement of these orders.
1110 (2) The orders and decrees under this section may be enforced by sale of any property
1111 of the spouse or by contempt proceedings or otherwise as may be necessary.
1112 (3) The court may change the support or maintenance of a party from time to time
1113 according to circumstances, and may terminate altogether any obligation upon satisfactory
1114 proof of voluntary and permanent reconciliation. An order or decree of support or
1115 maintenance shall in every case be valid only during the joint lives of the husband and wife.
1116 Section 25. Section 30-5-2 is amended to read:
1117 30-5-2. Visitation rights of grandparents.
1118 (1) Grandparents have standing to bring an action in district court by petition,
1119 requesting visitation in accordance with the provisions and requirements of this section.
1120 Grandparents may also file a petition for visitation rights in a pending divorce proceeding or
1121 other proceeding involving [
1122 issues.
1123 (2) There is a rebuttable presumption that a parent's decision with regard to
1124 grandparent visitation is in the grandchild's best interests. However, the court may override the
1125 parent's decision and grant the petitioner reasonable rights of visitation if the court finds that
1126 the petitioner has rebutted the presumption based upon factors which the court considers to be
1127 relevant, such as whether:
1128 (a) the petitioner is a fit and proper person to have visitation with the grandchild;
1129 (b) visitation with the grandchild has been denied or unreasonably limited;
1130 (c) the parent is unfit or incompetent;
1131 (d) the petitioner has acted as the [
1132 responsibility for the grandchild or caregiver, or otherwise has had a substantial relationship
1133 with the grandchild, and the loss or cessation of that relationship is likely to cause harm to the
1134 grandchild;
1135 (e) the petitioner's child, who is a parent of the grandchild, has died, or has become a
1136 [
1137 separation;
1138 (f) the petitioner's child, who is a parent of the grandchild, has been missing for an
1139 extended period of time; or
1140 (g) visitation is in the best interest of the grandchild.
1141 (3) The adoption of a grandchild by the grandchild's stepparent does not diminish or
1142 alter visitation rights previously ordered under this section.
1143 (4) Subject to the provisions of Subsections (2) and (3), the court may inquire of the
1144 grandchild and take into account the grandchild's desires regarding visitation.
1145 (5) On the petition of a grandparent or the person allocated legal [
1146 responsibility for a grandchild the court may, after a hearing, modify an order regarding
1147 grandparent visitation if:
1148 (a) the circumstances of the grandchild, the grandparent, or the [
1149 allocated parental responsibility for a child have materially and substantially changed since the
1150 entry of the order to be modified, or the order has become unworkable or inappropriate under
1151 existing circumstances; and
1152 (b) the court determines that a modification is appropriate based upon the factors set
1153 forth in Subsection (2).
1154 (6) Grandparents may petition the court to remedy a parent's wrongful noncompliance
1155 with a visitation order.
1156 Section 26. Section 30-6-4 is amended to read:
1157 30-6-4. Forms for petitions and protective orders -- Assistance.
1158 (1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to
1159 persons seeking to proceed under this chapter.
1160 (b) The Administrative Office of the Courts shall develop and adopt uniform forms for
1161 petitions and orders for protection in accordance with the provisions of this chapter on or
1162 before September 1, 1995. That office shall provide the forms to the clerk of each court
1163 authorized to issue protective orders. The forms shall include:
1164 (i) a statement notifying the petitioner for an ex parte protective order that knowing
1165 falsification of any statement or information provided for the purpose of obtaining a protective
1166 order may subject the petitioner to felony prosecution;
1167 (ii) a separate portion of the form for those provisions, the violation of which is a
1168 criminal offense, and a separate portion for those provisions, the violation of which is a civil
1169 violation, as provided in Subsection 30-6-4.2 (5);
1170 (iii) language in the criminal provision portion stating violation of any criminal
1171 provision is a class A misdemeanor, and language in the civil portion stating violation of or
1172 failure to comply with a civil provision is subject to contempt proceedings;
1173 (iv) a space for information the petitioner is able to provide to facilitate identification
1174 of the respondent, such as social security number, driver license number, date of birth, address,
1175 telephone number, and physical description;
1176 (v) a space for the petitioner to request a specific period of time for the civil provisions
1177 to be in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for
1178 the requested extension of the length of time beyond 150 days;
1179 (vi) a statement advising the petitioner that when a minor child is included in an ex
1180 parte protective order or a protective order, as part of either the criminal or the civil portion of
1181 the order, the petitioner may provide a copy of the order to the principal of the school where the
1182 child attends; and
1183 (vii) a statement advising the petitioner that if the respondent fails to return [
1184
1185 from the court a writ of assistance.
1186 (2) If the person seeking to proceed under this chapter is not represented by an
1187 attorney, it is the responsibility of the court clerk's office to provide:
1188 (a) the forms adopted pursuant to Subsection (1);
1189 (b) all other forms required to petition for an order for protection including, but not
1190 limited to, forms for service;
1191 (c) clerical assistance in filling out the forms and filing the petition, in accordance with
1192 Subsection (1)(a). A court clerk's office may designate any other entity, agency, or person to
1193 provide that service, but the court clerk's office is responsible to see that the service is
1194 provided;
1195 (d) information regarding the means available for the service of process;
1196 (e) a list of legal service organizations that may represent the petitioner in an action
1197 brought under this chapter, together with the telephone numbers of those organizations; and
1198 (f) written information regarding the procedure for transporting a jailed or imprisoned
1199 respondent to the protective order hearing, including an explanation of the use of transportation
1200 order forms when necessary.
1201 (3) No charges may be imposed by a court clerk, constable, or law enforcement agency
1202 for:
1203 (a) filing a petition under this chapter;
1204 (b) obtaining an ex parte protective order;
1205 (c) obtaining copies, either certified or not certified, necessary for service or delivery to
1206 law enforcement officials; or
1207 (d) fees for service of a petition, ex parte protective order, or protective order.
1208 (4) A petition for an order of protection shall be in writing and verified.
1209 (5) (a) All orders for protection shall be issued in the form adopted by the
1210 Administrative Office of the Courts pursuant to Subsection (1).
1211 (b) Each protective order issued, except orders issued ex parte, shall include the
1212 following language:
1213 "Respondent was afforded both notice and opportunity to be heard in the hearing that
1214 gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
1215 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of
1216 Columbia, tribal lands, and United States territories. This order complies with the Uniform
1217 Interstate Enforcement of Domestic Violence Protection Orders Act."
1218 Section 27. Section 30-6-4.2 is amended to read:
1219 30-6-4.2. Protective orders -- Ex parte protective orders -- Modification of orders
1220 -- Service of process -- Duties of the court.
1221 (1) If it appears from a petition for an order for protection or a petition to modify an
1222 order for protection that domestic violence or abuse has occurred or a modification of an order
1223 for protection is required, a court may:
1224 (a) without notice, immediately issue an order for protection ex parte or modify an
1225 order for protection ex parte as it considers necessary to protect the petitioner and all parties
1226 named to be protected in the petition; or
1227 (b) upon notice, issue an order for protection or modify an order after a hearing,
1228 whether or not the respondent appears.
1229 (2) A court may grant the following relief without notice in an order for protection or a
1230 modification issued ex parte:
1231 (a) enjoin the respondent from threatening to commit or committing domestic violence
1232 or abuse against the petitioner and any designated family or household member;
1233 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
1234 communicating with the petitioner, directly or indirectly;
1235 (c) order that the respondent is excluded from the petitioner's residence and its
1236 premises, and order the respondent to stay away from the residence, school, or place of
1237 employment of the petitioner, and the premises of any of these, or any specified place
1238 frequented by the petitioner and any designated family or household member;
1239 (d) upon finding that the respondent's use or possession of a weapon may pose a
1240 serious threat of harm to the petitioner, prohibit the respondent from purchasing, using, or
1241 possessing a firearm or other weapon specified by the court;
1242 (e) order possession and use of an automobile and other essential personal effects, and
1243 direct the appropriate law enforcement officer to accompany the petitioner to the residence of
1244 the parties to ensure that the petitioner is safely restored to possession of the residence,
1245 automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
1246 removal of personal belongings;
1247 (f) [
1248 for any minor children of the parties;
1249 (g) order any further relief that the court considers necessary to provide for the safety
1250 and welfare of the petitioner and any designated family or household member; and
1251 (h) if the petition requests child support or spousal support, at the hearing on the
1252 petition order both parties to provide verification of current income, including year-to-date pay
1253 stubs or employer statements of year-to-date or other period of earnings, as specified by the
1254 court, and complete copies of tax returns from at least the most recent year.
1255 (3) A court may grant the following relief in an order for protection or a modification
1256 of an order after notice and hearing, whether or not the respondent appears:
1257 (a) grant the relief described in Subsection (2); and
1258 (b) specify arrangements for parent-time of any minor child by the respondent and
1259 require supervision of that parent-time by a third party or deny parent-time if necessary to
1260 protect the safety of the petitioner or child.
1261 (4) Following the protective order hearing, the court shall:
1262 (a) as soon as possible, deliver the order to the county sheriff for service of process;
1263 (b) make reasonable efforts to ensure that the order for protection is understood by the
1264 petitioner, and the respondent, if present;
1265 (c) transmit, by the end of the next business day after the order is issued, a copy of the
1266 order for protection to the local law enforcement agency or agencies designated by the
1267 petitioner; and
1268 (d) transmit a copy of the order to the statewide domestic violence network described
1269 in Section 30-6-8 .
1270 (5) (a) Each protective order shall include two separate portions, one for provisions, the
1271 violation of which are criminal offenses, and one for provisions, the violation of which are civil
1272 violations, as follows:
1273 (i) criminal offenses are those under Subsections (2)(a) through (e), and under
1274 Subsection (3)(a) as it refers to Subsections (2)(a) through (e); and
1275 (ii) civil offenses are those under Subsections (2)(f) through (h), and Subsection (3)(a)
1276 as it refers to Subsections (2)(f) through (h).
1277 (b) The criminal provision portion shall include a statement that violation of any
1278 criminal provision is a class A misdemeanor.
1279 (c) The civil provision portion shall include a notice that violation of or failure to
1280 comply with a civil provision is subject to contempt proceedings.
1281 (6) The protective order shall include:
1282 (a) a designation of a specific date, determined by the court, when the civil portion of
1283 the protective order either expires or is scheduled for review by the court, which date may not
1284 exceed 150 days after the date the order is issued, unless the court indicates on the record the
1285 reason for setting a date beyond 150 days;
1286 (b) information the petitioner is able to provide to facilitate identification of the
1287 respondent, such as Social Security number, driver license number, date of birth, address,
1288 telephone number, and physical description; and
1289 (c) a statement advising the petitioner that:
1290 (i) after two years from the date of issuance of the protective order, a hearing may be
1291 held to dismiss the criminal portion of the protective order;
1292 (ii) the petitioner should, within the 30 days prior to the end of the two-year period,
1293 advise the court of the petitioner's current address for notice of any hearing; and
1294 (iii) the address provided by the petitioner will not be made available to the respondent.
1295 (7) Child support and spouse support orders issued as part of a protective order are
1296 subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
1297 Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
1298 IV-D Cases, except when the protective order is issued ex parte.
1299 (8) (a) The county sheriff that receives the order from the court, pursuant to Subsection
1300 (5)(a), shall provide expedited service for orders for protection issued in accordance with this
1301 chapter, and shall transmit verification of service of process, when the order has been served, to
1302 the statewide domestic violence network described in Section 30-6-8 .
1303 (b) This section does not prohibit any law enforcement agency from providing service
1304 of process if that law enforcement agency:
1305 (i) has contact with the respondent and service by that law enforcement agency is
1306 possible; or
1307 (ii) determines that under the circumstances, providing service of process on the
1308 respondent is in the best interests of the petitioner.
1309 (9) (a) When an order is served on a respondent in a jail or other holding facility, the
1310 law enforcement agency managing the facility shall make a reasonable effort to provide notice
1311 to the petitioner at the time the respondent is released from incarceration.
1312 (b) Notification of the petitioner shall consist of a good faith reasonable effort to
1313 provide notification, including mailing a copy of the notification to the last-known address of
1314 the victim.
1315 (10) A court may modify or vacate an order of protection or any provisions in the order
1316 after notice and hearing, except that the criminal provisions of a protective order may not be
1317 vacated within two years of issuance unless the petitioner:
1318 (a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah
1319 Rules of Civil Procedure, and the petitioner personally appears before the court and gives
1320 specific consent to the vacation of the criminal provisions of the protective order; or
1321 (b) submits a verified affidavit, stating agreement to the vacation of the criminal
1322 provisions of the protective order.
1323 (11) A protective order may be modified without a showing of substantial and material
1324 change in circumstances.
1325 (12) Insofar as the provisions of this chapter are more specific than the Utah Rules of
1326 Civil Procedure, regarding protective orders, the provisions of this chapter govern.
1327 Section 28. Section 30-6a-103 is amended to read:
1328 30-6a-103. Judicial enforcement of order.
1329 (1) A person authorized by the law of this state to seek enforcement of a protection
1330 order may seek enforcement of a valid foreign protection order in a tribunal of this state. The
1331 tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal
1332 of this state would lack power to provide but for this section. The tribunal shall enforce the
1333 order, whether the order was obtained by independent action or in another proceeding, if it is an
1334 order issued in response to a complaint, petition, or motion filed by or on behalf of an
1335 individual seeking protection. In a proceeding to enforce a foreign protection order, the
1336 tribunal shall follow the procedures of this state for the enforcement of protection orders.
1337 (2) A tribunal of this state may not enforce a foreign protection order issued by a
1338 tribunal of a state that does not recognize the standing of a protected individual to seek
1339 enforcement of the order.
1340 (3) A tribunal of this state shall enforce the provisions of a valid foreign protection
1341 order which govern [
1342 parent-time, if the order was issued in accordance with the jurisdictional requirements
1343 governing the issuance of [
1344 orders in the issuing state.
1345 (4) A foreign protection order is valid if it:
1346 (a) identifies the protected individual and the respondent;
1347 (b) is currently in effect;
1348 (c) was issued by a tribunal that had jurisdiction over the parties and subject matter
1349 under the law of the issuing state; and
1350 (d) was issued after the respondent was given reasonable notice and had an opportunity
1351 to be heard before the tribunal issued the order or, in the case of an order ex parte, the
1352 respondent was given notice and has had or will have an opportunity to be heard within a
1353 reasonable time after the order was issued, in a manner consistent with the rights of the
1354 respondent to due process.
1355 (5) A foreign protection order valid on its face is prima facie evidence of its validity.
1356 (6) Absence of any of the criteria for validity of a foreign protection order is an
1357 affirmative defense in an action seeking enforcement of the order.
1358 (7) A tribunal of this state may enforce provisions of a mutual foreign protection order
1359 which favor a respondent only if:
1360 (a) the respondent filed a written pleading seeking a protection order from the tribunal
1361 of the issuing state; and
1362 (b) the tribunal of the issuing state made specific findings in favor of the respondent.
1363 (8) (a) The juvenile court has jurisdiction to enforce foreign protection orders under
1364 this section over which the juvenile court would have had jurisdiction if the order had been
1365 originally sought in this state.
1366 (b) The district court has jurisdiction to enforce foreign protection orders under this
1367 section:
1368 (i) over which the district court would have had jurisdiction if the order had been
1369 originally sought in this state; or
1370 (ii) that are not under the jurisdiction of the juvenile court under Subsection (8)(a).
1371 Section 29. Section 31A-22-610.5 is amended to read:
1372 31A-22-610.5. Dependent coverage.
1373 (1) As used in this section, "child" has the same meaning as defined in Section
1374 78-45-2 .
1375 (2) (a) Any individual or group accident and health insurance policy or health
1376 maintenance organization contract that provides coverage for a policyholder's or certificate
1377 holder's dependent shall not terminate coverage of an unmarried dependent by reason of the
1378 dependent's age before the dependent's 26th birthday and shall, upon application, provide
1379 coverage for all unmarried dependents up to age 26.
1380 (b) The cost of coverage for unmarried dependents 19 to 26 years of age shall be
1381 included in the premium on the same basis as other dependent coverage.
1382 (c) This section does not prohibit the employer from requiring the employee to pay all
1383 or part of the cost of coverage for unmarried dependents.
1384 (3) An individual or group accident and health insurance policy or health maintenance
1385 organization contract shall reinstate dependent coverage, and for purposes of all exclusions and
1386 limitations, shall treat the dependent as if the coverage had been in force since it was
1387 terminated; if:
1388 (a) the dependent has not reached the age of 26 by July 1, 1995;
1389 (b) the dependent had coverage prior to July 1, 1994;
1390 (c) prior to July 1, 1994, the dependent's coverage was terminated solely due to the age
1391 of the dependent; and
1392 (d) the policy has not been terminated since the dependent's coverage was terminated.
1393 (4) (a) When a parent is required by a court or administrative order to provide health
1394 insurance coverage for a child, an accident and health insurer may not deny enrollment of a
1395 child under the accident and health insurance plan of the child's parent on the grounds the
1396 child:
1397 (i) was born out of wedlock and is entitled to coverage under Subsection (5);
1398 (ii) was born out of wedlock and the [
1399 resides seeks enrollment for the child under [
1400 (iii) is not claimed as a dependent on the parent's federal tax return; or
1401 (iv) does not reside with the parent or in the insurer's service area.
1402 (b) A child enrolled as required under Subsection (4)(a)(iv) is subject to the terms of
1403 the accident and health insurance plan contract pertaining to services received outside of an
1404 insurer's service area. A health maintenance organization must comply with Section
1405 31A-8-502 .
1406 (5) When a child has accident and health coverage through an insurer of a
1407 [
1408 [
1409 (a) provide information to the [
1410 as necessary for the child to obtain benefits through that coverage, but the insurer or employer,
1411 or the agents or employees of either of them, are not civilly or criminally liable for providing
1412 information in compliance with this Subsection (5)(a), whether the information is provided
1413 pursuant to a verbal or written request;
1414 (b) permit the [
1415 provider, with [
1416 without the approval of the [
1417 reside; and
1418 (c) make payments on claims submitted in accordance with Subsection (5)(b) directly
1419 to the [
1420 the provider, or the state Medicaid agency.
1421 (6) When a parent is required by a court or administrative order to provide health
1422 coverage for a child, and the parent is eligible for family health coverage, the insurer shall:
1423 (a) permit the parent to enroll, under the family coverage, a child who is otherwise
1424 eligible for the coverage without regard to an enrollment season restrictions;
1425 (b) if the parent is enrolled but fails to make application to obtain coverage for the
1426 child, enroll the child under family coverage upon application of the child's other parent, the
1427 state agency administering the Medicaid program, or the state agency administering 42 U.S.C.
1428 651 through 669, the child support enforcement program; and
1429 (c) (i) when the child is covered by an individual policy, not disenroll or eliminate
1430 coverage of the child unless the insurer is provided satisfactory written evidence that:
1431 (A) the court or administrative order is no longer in effect; or
1432 (B) the child is or will be enrolled in comparable accident and health coverage through
1433 another insurer which will take effect not later than the effective date of disenrollment; or
1434 (ii) when the child is covered by a group policy, not disenroll or eliminate coverage of
1435 the child unless the employer is provided with satisfactory written evidence, which evidence is
1436 also provided to the insurer, that Subsection (9)(c)(i), (ii) or (iii) has happened.
1437 (7) An insurer may not impose requirements on a state agency that has been assigned
1438 the rights of an individual eligible for medical assistance under Medicaid and covered for
1439 accident and health benefits from the insurer that are different from requirements applicable to
1440 an agent or assignee of any other individual so covered.
1441 (8) Insurers may not reduce their coverage of pediatric vaccines below the benefit level
1442 in effect on May 1, 1993.
1443 (9) When a parent is required by a court or administrative order to provide health
1444 coverage, which is available through an employer doing business in this state, the employer
1445 shall:
1446 (a) permit the parent to enroll under family coverage any child who is otherwise
1447 eligible for coverage without regard to any enrollment season restrictions;
1448 (b) if the parent is enrolled but fails to make application to obtain coverage of the child,
1449 enroll the child under family coverage upon application by the child's other parent, by the state
1450 agency administering the Medicaid program, or the state agency administering 42 U.S.C. 651
1451 through 669, the child support enforcement program;
1452 (c) not disenroll or eliminate coverage of the child unless the employer is provided
1453 satisfactory written evidence that:
1454 (i) the court order is no longer in effect;
1455 (ii) the child is or will be enrolled in comparable coverage which will take effect no
1456 later than the effective date of disenrollment; or
1457 (iii) the employer has eliminated family health coverage for all of its employees; and
1458 (d) withhold from the employee's compensation the employee's share, if any, of
1459 premiums for health coverage and to pay this amount to the insurer.
1460 (10) An order issued under Section 62A-11-326.1 may be considered a "qualified
1461 medical support order" for the purpose of enrolling a dependent child in a group accident and
1462 health insurance plan as defined in Section 609(a), Federal Employee Retirement Income
1463 Security Act of 1974.
1464 (11) This section does not affect any insurer's ability to require as a precondition of any
1465 child being covered under any policy of insurance that:
1466 (a) the parent continues to be eligible for coverage;
1467 (b) the child shall be identified to the insurer with adequate information to comply with
1468 this section; and
1469 (c) the premium shall be paid when due.
1470 (12) The provisions of this section apply to employee welfare benefit plans as defined
1471 in Section 26-19-2 .
1472 (13) The commissioner shall adopt rules interpreting and implementing this section
1473 with regard to out-of-area court ordered dependent coverage.
1474 Section 30. Section 53A-2-201 is amended to read:
1475 53A-2-201. Child's school district of residence -- Determination -- Responsibility
1476 for providing educational services.
1477 (1) The school district of residence of a minor child whose [
1478 guardian resides within Utah is:
1479 (a) the school district in which the [
1480 (b) the school district in which the child regularly resides:
1481 (i) while in the custody or under the supervision of a Utah state agency;
1482 (ii) while under the supervision of a private or public agency which is in compliance
1483 with Section 62A-4a-606 and is authorized to provide child placement services by the state;
1484 (iii) while living with a responsible adult resident of the district, if a determination has
1485 been made in accordance with rules of the district board of education that:
1486 (A) the child's physical, mental, moral, or emotional health would best be served by
1487 considering the child to be a resident for school purposes;
1488 (B) exigent circumstances exist which would not permit the case to be appropriately
1489 addressed under Section 53A-2-207 ; and
1490 (C) considering the child to be a resident of the district under this subsection would not
1491 violate any other law or rule of the State Board of Education; or
1492 (iv) if the child is married or has been determined to be an emancipated minor by a
1493 court of law or by a state administrative agency authorized to make that determination.
1494 (2) A minor child whose [
1495 is considered to be a resident of the district in which the child regularly lives, unless that
1496 designation violates any other law or rule of the State Board of Education, if:
1497 (a) the child is married or an emancipated minor under Subsection (1)(b)(iv); or
1498 (b) the child lives with a resident of the district who is a responsible adult and whom
1499 the district agrees to designate as the child's legal guardian under Section 53A-2-202 ; or
1500 (c) if permissible under policies adopted by the local school board, it is established to
1501 the satisfaction of the local school board that:
1502 (i) the child lives with a responsible adult who is a resident of the district and is the
1503 child's [
1504 (ii) the child's presence in the district is not for the primary purpose of attending the
1505 public schools;
1506 (iii) the child's physical, mental, moral, or emotional health would best be served by
1507 considering the child to be a resident for school purposes; and
1508 (iv) the child is prepared to abide by the rules and policies of the school and school
1509 district in which attendance is sought.
1510 (3) (a) If admission is sought under Subsection (1)(b)(iii), or (2)(c), then the district
1511 may require the person with whom the child lives to be designated as [
1512 having parental responsibility for the child in a durable power of attorney, issued by the party
1513 who has been allocated legal [
1514 [
1515 educational or medical services, in the interests of the child.
1516 (b) Both the party granting and the party empowered by the power of attorney shall
1517 agree to:
1518 (i) assume responsibility for any fees or other charges relating to the child's education
1519 in the district; and
1520 (ii) if eligibility for fee waivers is claimed under Section 53A-12-103 , provide the
1521 school district with all financial information requested by the district for purposes of
1522 determining eligibility for fee waivers.
1523 (c) Notwithstanding Section 75-5-103 , a power of attorney meeting the requirements of
1524 this section and accepted by the school district shall remain in force until the earliest of the
1525 following occurs:
1526 (i) the child reaches the age of 18, marries, or becomes emancipated;
1527 (ii) the expiration date stated in the document; or
1528 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
1529 or by order of a court of competent jurisdiction.
1530 (4) A power of attorney does not confer legal guardianship.
1531 (5) Each school district is responsible for providing educational services for all
1532 children of school age who are residents of the district.
1533 (6) Students who were enrolled in a Utah public school by October 1, 1992, and would,
1534 but for this part, have been allowed to attend public schools without payment of tuition shall be
1535 permitted to continue their attendance until graduation or termination of enrollment on the
1536 same basis as Utah resident students.
1537 Section 31. Section 53A-11-101 is amended to read:
1538 53A-11-101. Responsibility for minor required to attend school -- Penalty for
1539 violation.
1540 (1) For purposes of this part:
1541 (a) "Habitual truant" is a school-age minor who has received more than two truancy
1542 citations within one school year from the school in which the minor is or should be enrolled
1543 and eight absences without a legitimate or valid excuse or who, in defiance of efforts on the
1544 part of school authorities to resolve a student's attendance problem as required under Section
1545 53A-11-103 , refuses to regularly attend school or any scheduled period of the school day.
1546 (b) "Minor" means a person under the age of 18 years.
1547 (c) "Parent" includes:
1548 (i) a [
1549 (ii) a legally appointed guardian of a minor; or
1550 (iii) any other person purporting to exercise any authority over the minor which could
1551 be exercised by persons listed under Subsections (1)(c)(i) and (ii) above.
1552 (d) "School-age minor" means a minor who has reached the age of six years but has not
1553 reached the age of eighteen years, but does not include a minor emancipated by marriage.
1554 (e) "Truancy citation" is an administrative notice to a truant minor requiring an
1555 appearance before the school truancy control officer or body from which the minor is truant.
1556 (f) "Truant minor" is any school-age minor who is subject to the state's compulsory
1557 education law and who is absent from school without a legitimate or valid excuse.
1558 (2) A parent shall enroll and send a school-age minor to a public or regularly
1559 established private school during the school year of the district in which the minor resides.
1560 (3) It is a class B misdemeanor for a parent to knowingly:
1561 (a) fail to enroll a school-age minor in school; or
1562 (b) refuse to respond to a written request which is delivered to the parent pursuant to
1563 the provisions of Subsection 53A-11-103 (1)(b) by a local school board or school district.
1564 (4) The provisions of this section do not apply to a parent of a school-age minor who
1565 has been declared by the local school board to be exempt from school attendance in conformity
1566 with Section 53A-11-102 .
1567 (5) A local board of education or school district shall report violations of Subsection
1568 (3) to the appropriate city, county, or district attorney.
1569 Section 32. Section 53A-13-101.2 is amended to read:
1570 53A-13-101.2. Waivers of participation -- Parental permission for student clubs.
1571 (1) If a parent with legal [
1572 student, or a secondary student, determines that the student's participation in a portion of the
1573 curriculum or in an activity would require the student to affirm or deny a religious belief or
1574 right of conscience, or engage or refrain from engaging in a practice forbidden or required in
1575 the exercise of a religious right or right of conscience, the parent, guardian, or student may
1576 request:
1577 (a) a waiver of the requirement to participate; or
1578 (b) a reasonable alternative that requires reasonably equivalent performance by the
1579 student of the secular objectives of the curriculum or activity in question.
1580 (2) The school shall promptly notify a student's parent or guardian if the student makes
1581 a request under Subsection (1).
1582 (3) If a request is made under Subsection (1), the school shall:
1583 (a) waive the participation requirement;
1584 (b) provide a reasonable alternative to the requirement; or
1585 (c) notify the requesting party that participation is required.
1586 (4) The school shall ensure that the provisions of Subsection 53A-13-101.3 (3) are met
1587 in connection with any required participation under Subsection (3)(c).
1588 (5) A student's academic or citizenship performance may not be penalized by school
1589 officials for the exercise of a religious right or right of conscience in accordance with the
1590 provisions of this section.
1591 (6) (a) As a condition for participation in a student club or organization that meets on
1592 school premises, regardless of the organization's relationship to school curriculum, a local
1593 school district may require every student to obtain written permission from either a parent with
1594 legal [
1595 (b) If a local school district requires written permission under Subsection (6)(a), that
1596 school district shall require written permission for:
1597 (i) every club or organization that meets on school premises in that school district; and
1598 (ii) every student participating in a club or organization described in Subsection
1599 (6)(b)(i).
1600 (c) The local school district shall supply the permission form, and all completed forms
1601 shall be filed with the school's principal or the principal's designee.
1602 Section 33. Section 62A-4a-119 is amended to read:
1603 62A-4a-119. Division required to produce "family impact statement" with regard
1604 to policies and rules.
1605 Beginning May 1, 2000, whenever the division establishes a rule, in accordance with
1606 Title 63, Chapter 46a, Utah Administrative Rulemaking Act, or the board establishes any
1607 policy in accordance with its statutory authority, those processes shall include an assessment of
1608 the impact of that rule or policy on families. Those assessments shall determine the impact of
1609 the rule or policy on the authority of parents to oversee the care, supervision, upbringing, and
1610 education of children [
1611 division shall publish a family impact statement describing those assessments and
1612 determinations, within 90 days of the establishment of each rule or policy.
1613 Section 34. Section 62A-4a-412 is amended to read:
1614 62A-4a-412. Reports and information confidential.
1615 (1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
1616 well as any other information in the possession of the division obtained as the result of a report
1617 are private, protected, or controlled records under Title 63, Chapter 2, Government Records
1618 Access and Management Act, and may only be made available to:
1619 (a) a police or law enforcement agency investigating a report of known or suspected
1620 child abuse or neglect;
1621 (b) a physician who reasonably believes that a child may be the subject of abuse or
1622 neglect;
1623 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
1624 who is the subject of a report;
1625 (d) a contract provider that has a written contract with the division to render services to
1626 a minor who is the subject of a report;
1627 (e) any subject of the report, the natural parents of the child, and the guardian ad litem;
1628 (f) a court, upon a finding that access to the records may be necessary for the
1629 determination of an issue before the court, provided that in a divorce, [
1630 responsibility, or related proceeding between private parties, the record alone is:
1631 (i) limited to objective or undisputed facts that were verified at the time of the
1632 investigation; and
1633 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
1634 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
1635 neglect of another person;
1636 (g) an office of the public prosecutor or its deputies in performing an official duty;
1637 (h) a person authorized by a Children's Justice Center, for the purposes described in
1638 Section 67-5b-102 ;
1639 (i) a person engaged in bona fide research, when approved by the director of the
1640 division, if the information does not include names and addresses;
1641 (j) the State Office of Education, acting on behalf of itself or on behalf of a school
1642 district, for the purpose of evaluating whether an individual should be permitted to obtain or
1643 retain a license as an educator or serve as an employee or volunteer in a school, limited to
1644 information with substantiated findings involving an alleged sexual offense, an alleged felony
1645 or class A misdemeanor drug offense, or any alleged offense against the person under Title 76,
1646 Chapter 5, Offenses Against the Person, and with the understanding that the office must
1647 provide the subject of a report received under Subsection (1)(k) with an opportunity to respond
1648 to the report before making a decision concerning licensure or employment;
1649 (k) any person identified in the report as a perpetrator or possible perpetrator of child
1650 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
1651 (l) a person filing a petition for a child protective order on behalf of a child who is the
1652 subject of the report; and
1653 (m) a licensed child-placing agency or person who is performing a preplacement
1654 adoptive evaluation in accordance with the requirements of Section 78-30-3.5 .
1655 (2) (a) A person, unless listed in Subsection (1), may not request another person to
1656 obtain or release a report or any other information in the possession of the division obtained as
1657 a result of the report that is available under Subsection (1)(k) to screen for potential
1658 perpetrators of child abuse or neglect.
1659 (b) A person who requests information knowing that it is a violation of Subsection
1660 (2)(a) to do so is subject to the criminal penalty in Subsection (4).
1661 (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
1662 and law enforcement officials shall ensure the anonymity of the person or persons making the
1663 initial report and any others involved in its subsequent investigation.
1664 (b) Notwithstanding any other provision of law, excluding Section 78-3a-314 , but
1665 including this chapter and Title 63, Chapter 2, Government Records Access and Management
1666 Act, when the division makes a report or other information in its possession available under
1667 Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from
1668 the report or other information only the names, addresses, and telephone numbers of
1669 individuals or specific information that could:
1670 (i) identify the referent;
1671 (ii) impede a criminal investigation; or
1672 (iii) endanger a person's safety.
1673 (4) Any person who wilfully permits, or aides and abets the release of data or
1674 information obtained as a result of this part, in the possession of the division or contained on
1675 any part of the Management Information System, in violation of this part or Sections
1676 62A-4a-1003 through 62A-4a-1007 , is guilty of a class C misdemeanor.
1677 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
1678 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
1679 good faith pursuant to this part.
1680 (6) A child-placing agency or person who receives a report in connection with a
1681 preplacement adoptive evaluation pursuant to Section 78-30-3.5 :
1682 (a) may provide this report to the person who is the subject of the report; and
1683 (b) may provide this report to a person who is performing a preplacement adoptive
1684 evaluation in accordance with the requirement of Section 78-30-3.5 , or to a licensed
1685 child-placing agency or to an attorney seeking to facilitate an adoption.
1686 Section 35. Section 62A-11-320.6 is amended to read:
1687 62A-11-320.6. Review and adjustment of support order for substantial change in
1688 circumstances outside three-year cycle.
1689 (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
1690 office, if there has been an assignment under Section 35A-3-108 , may at any time request the
1691 office to review a child support order if there has been a substantial change in circumstances.
1692 (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
1693 include:
1694 (i) material changes in [
1695 (ii) material changes in the relative wealth or assets of the parties;
1696 (iii) material changes of 30% or more in the income of a parent;
1697 (iv) material changes in the ability of a parent to earn;
1698 (v) material changes in the medical needs of the child; and
1699 (vi) material changes in the legal responsibilities of either parent for the support of
1700 others.
1701 (2) Upon receiving a request under Subsection (1), the office shall review the order,
1702 taking into account the best interests of the child involved, to determine whether the substantial
1703 change in circumstance has occurred, and if so, whether the change resulted in a difference of
1704 15% or more between the amount of child support ordered and the amount that would be
1705 required under the child support guidelines. If there is such a difference and the difference is
1706 not of a temporary nature, the office shall:
1707 (a) with respect to a support order issued or modified by the office, adjust the amount
1708 in accordance with the guidelines; or
1709 (b) with respect to a support order issued or modified by a court, file a petition with the
1710 court to adjust the amount in accordance with the guidelines.
1711 (3) The office may use automated methods to collect information for a review
1712 conducted under Subsection (2).
1713 (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
1714 provide notice of the request to the other parent within five days and in accordance with
1715 Section 62A-11-304.4 .
1716 (b) If the office initiates and conducts a review under Subsection (1), the office shall
1717 provide notice of the request to any parent or legal guardian within five days and in accordance
1718 with Section 62A-11-304.4 .
1719 (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
1720 may file a response to a request for review with the office.
1721 Section 36. Section 76-5-303 is amended to read:
1722 76-5-303. Custodial interference.
1723 (1) A person, whether a parent or other, is guilty of custodial interference if, without
1724 good cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its
1725 parent, guardian, or [
1726 for the child:
1727 (a) knowing the actor has no legal right to do so; and
1728 (b) with intent to hold the child for a period substantially longer than the period of
1729 parent-time or [
1730 by a court of competent jurisdiction.
1731 (2) A person, whether a parent or other, is guilty of custodial interference if, having
1732 actual physical [
1733 judicial award of any court of competent jurisdiction which grants to another person
1734 parent-time, visitation, or [
1735 actor conceals or detains the child with intent to deprive the other person of lawful parent-time,
1736 visitation, or [
1737 (3) Custodial interference is a class A misdemeanor unless the child is removed and
1738 taken from one state to another, in which case it is a felony of the third degree.
1739 Section 37. Section 78-2a-3 is amended to read:
1740 78-2a-3. Court of Appeals jurisdiction.
1741 (1) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue
1742 all writs and process necessary:
1743 (a) to carry into effect its judgments, orders, and decrees; or
1744 (b) in aid of its jurisdiction.
1745 (2) The Court of Appeals has appellate jurisdiction, including jurisdiction of
1746 interlocutory appeals, over:
1747 (a) the final orders and decrees resulting from formal adjudicative proceedings of state
1748 agencies or appeals from the district court review of informal adjudicative proceedings of the
1749 agencies, except the Public Service Commission, State Tax Commission, School and
1750 Institutional Trust Lands Board of Trustees, Division of Forestry, Fire and State Lands actions
1751 reviewed by the executive director of the Department of Natural Resources, Board of Oil, Gas,
1752 and Mining, and the state engineer;
1753 (b) appeals from the district court review of:
1754 (i) adjudicative proceedings of agencies of political subdivisions of the state or other
1755 local agencies; and
1756 (ii) a challenge to agency action under Section 63-46a-12.1 ;
1757 (c) appeals from the juvenile courts;
1758 (d) interlocutory appeals from any court of record in criminal cases, except those
1759 involving a charge of a first degree or capital felony;
1760 (e) appeals from a court of record in criminal cases, except those involving a
1761 conviction or charge of a first degree felony or capital felony;
1762 (f) appeals from orders on petitions for extraordinary writs sought by persons who are
1763 incarcerated or serving any other criminal sentence, except petitions constituting a challenge to
1764 a conviction of or the sentence for a first degree or capital felony;
1765 (g) appeals from the orders on petitions for extraordinary writs challenging the
1766 decisions of the Board of Pardons and Parole except in cases involving a first degree or capital
1767 felony;
1768 (h) appeals from district court involving domestic relations cases, including, but not
1769 limited to, divorce, annulment, property division, [
1770 responsibility, support, parent-time, visitation, adoption, and paternity;
1771 (i) appeals from the Utah Military Court; and
1772 (j) cases transferred to the Court of Appeals from the Supreme Court.
1773 (3) The Court of Appeals upon its own motion only and by the vote of four judges of
1774 the court may certify to the Supreme Court for original appellate review and determination any
1775 matter over which the Court of Appeals has original appellate jurisdiction.
1776 (4) The Court of Appeals shall comply with the requirements of Title 63, Chapter 46b,
1777 Administrative Procedures Act, in its review of agency adjudicative proceedings.
1778 Section 38. Section 78-3a-103 is amended to read:
1779 78-3a-103. Definitions.
1780 (1) As used in this chapter:
1781 (a) "Abused child" includes a child who:
1782 (i) has suffered or been threatened with nonaccidental physical or mental harm,
1783 negligent treatment, or sexual exploitation; or
1784 (ii) has been the victim of any sexual abuse.
1785 (b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
1786 alleged in the petition have been proved.
1787 (c) "Adult" means a person 18 years of age or over, except that a person 18 years or
1788 over under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall
1789 be referred to as a minor.
1790 (d) "Board" means the Board of Juvenile Court Judges.
1791 (e) "Child" means a person under 18 years of age.
1792 (f) "Child placement agency" means:
1793 (i) a private agency licensed to receive a child for placement or adoption under this
1794 code; or
1795 (ii) a private agency that receives a child for placement or adoption in another state,
1796 which agency is licensed or approved where such license or approval is required by law.
1797 (g) "Clandestine laboratory operation" is as defined in Section 58-37d-3 .
1798 (h) "Commit" means, unless specified otherwise:
1799 (i) with respect to a child, to transfer legal custody; and
1800 (ii) with respect to a minor who is at least 18 years of age, to transfer custody.
1801 (i) "Court" means the juvenile court.
1802 (j) "Dependent child" includes a child who is homeless or without proper care through
1803 no fault of the child's parent, guardian, or custodian.
1804 (k) "Deprivation of custody" means transfer of legal custody or parental responsibility
1805 by the court from a parent or the parents or a previous person with legal [
1806 responsibility to another person, agency, or institution.
1807 (l) "Detention" means home detention and secure detention as defined in Section
1808 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
1809 restricting facility:
1810 (i) pending court disposition or transfer to another jurisdiction; or
1811 (ii) while under the continuing jurisdiction of the court.
1812 (m) "Division" means the Division of Child and Family Services.
1813 (n) "Formal referral" means a written report from a peace officer or other person
1814 informing the court that a minor is or appears to be within the court's jurisdiction and that a
1815 petition may be filed.
1816 (o) "Group rehabilitation therapy" means psychological and social counseling of one or
1817 more persons in the group, depending upon the recommendation of the therapist.
1818 (p) "Guardianship of the person" includes the authority to consent to:
1819 (i) marriage;
1820 (ii) enlistment in the armed forces;
1821 (iii) major medical, surgical, or psychiatric treatment; or
1822 (iv) legal custody, if legal custody is not vested in another person, agency, or
1823 institution.
1824 (q) "Habitual truant" is as defined in Section 53A-11-101 .
1825 (r) "Legal custody" means a relationship embodying the following parental
1826 responsibilities, rights, and duties:
1827 (i) the right to determine the physical [
1828 (ii) the right and duty to protect, train, and discipline the minor;
1829 (iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1830 medical care;
1831 (iv) the right to determine where and with whom the minor shall live; and
1832 (v) the right, in an emergency, to authorize surgery or other extraordinary care.
1833 (s) "Minor" means:
1834 (i) a child; or
1835 (ii) a person who is:
1836 (A) at least 18 years of age and younger than 21 years of age; and
1837 (B) under the jurisdiction of the juvenile court.
1838 (t) "Natural parent" means a minor's biological or adoptive parent, and includes the
1839 minor's [
1840 (u) (i) "Neglected child" means a child:
1841 (A) whose parent, guardian, or custodian has abandoned the child, except as provided
1842 in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child;
1843 (B) whose parent, guardian, or custodian has subjected the child to mistreatment or
1844 abuse;
1845 (C) who lacks proper parental care by reason of the fault or habits of the parent,
1846 guardian, or custodian;
1847 (D) whose parent, guardian, or custodian fails or refuses to provide proper or necessary
1848 subsistence, education, or medical care, including surgery or psychiatric services when
1849 required, or any other care necessary for health, safety, morals, or well-being;
1850 (E) who is at risk of being a neglected or abused child as defined in this chapter
1851 because another child in the same home is a neglected or abused child as defined in this
1852 chapter; or
1853 (F) whose parent permits the minor to reside, on a permanent or temporary basis, at the
1854 location of a clandestine laboratory operation.
1855 (ii) The aspect of neglect related to education, described in Subsection (1)(u)(i)(D),
1856 means that, after receiving notice that a child has been frequently absent from school without
1857 good cause, or that the child has failed to cooperate with school authorities in a reasonable
1858 manner, a parent or guardian fails to make a good faith effort to ensure that the child receives
1859 an appropriate education.
1860 (iii) A parent or guardian legitimately practicing religious beliefs and who, for that
1861 reason, does not provide specified medical treatment for a child, is not guilty of neglect.
1862 (iv) Notwithstanding Subsection (1)(u)(i), a health care decision made for a child by
1863 the child's parent or guardian does not constitute neglect unless the state or other party to the
1864 proceeding shows, by clear and convincing evidence, that the health care decision is not
1865 reasonable and informed.
1866 (v) Nothing in Subsection (1)(u)(iv) may prohibit a parent or guardian from exercising
1867 the right to obtain a second health care opinion.
1868 (v) "Nonjudicial adjustment" means closure of the case by the assigned probation
1869 officer without judicial determination upon the consent in writing of:
1870 (i) the assigned probation officer; and
1871 (ii) (A) the minor; or
1872 (B) the minor and the minor's parent, legal guardian, or custodian.
1873 (w) "Probation" means a legal status created by court order following an adjudication
1874 on the ground of a violation of law or under Section 78-3a-104 , whereby the minor is permitted
1875 to remain in the minor's home under prescribed conditions and under supervision by the
1876 probation department or other agency designated by the court, subject to return to the court for
1877 violation of any of the conditions prescribed.
1878 (x) "Protective supervision" means a legal status created by court order following an
1879 adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
1880 remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
1881 dependency is provided by the probation department or other agency designated by the court.
1882 (y) (i) "Residual parental rights and duties" means those parental responsibilities,
1883 rights, and duties remaining with the parent after legal custody or guardianship, or both, have
1884 been vested in another person or agency, including:
1885 (A) the responsibility for support;
1886 (B) the right to consent to adoption;
1887 (C) the right to determine the child's religious affiliation; and
1888 (D) the right to reasonable parent-time unless restricted by the court.
1889 (ii) If no guardian has been appointed, "residual parental rights and duties" also include
1890 the right to consent to:
1891 (A) marriage;
1892 (B) enlistment; and
1893 (C) major medical, surgical, or psychiatric treatment.
1894 (z) "Secure facility" means any facility operated by or under contract with the Division
1895 of Juvenile Justice Services, that provides 24-hour supervision and confinement for youth
1896 offenders committed to the division for custody and rehabilitation.
1897 (aa) "Shelter" means the temporary care of a child in a physically unrestricted facility
1898 pending court disposition or transfer to another jurisdiction.
1899 (bb) "State supervision" means a disposition that provides a more intensive level of
1900 intervention than standard probation but is less intensive or restrictive than a community
1901 placement with the Division of Juvenile Justice Services.
1902 (cc) "Substantiated" is as defined in Section 62A-4a-101 .
1903 (dd) "Supported" is as defined in Section 62A-4a-101 .
1904 (ee) "Termination of parental rights" means the permanent elimination of all parental
1905 rights and duties, including residual parental rights and duties, by court order.
1906 (ff) "Therapist" means:
1907 (i) a person employed by a state division or agency for the purpose of conducting
1908 psychological treatment and counseling of a minor in its custody; or
1909 (ii) any other person licensed or approved by the state for the purpose of conducting
1910 psychological treatment and counseling.
1911 (gg) "Unsubstantiated" is as defined in Section 62A-4a-101 .
1912 (hh) "Without merit" is as defined in Section 62A-4a-101 .
1913 (2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the
1914 Division of Child and Family Services:
1915 (a) "Custody" means the custody of a minor in the Division of Child and Family
1916 Services as of the date of disposition.
1917 (b) "Protective custody" means the shelter of a child by the Division of Child and
1918 Family Services from the time the child is removed from home until the earlier of:
1919 (i) the shelter hearing; or
1920 (ii) the child's return home.
1921 (c) "Temporary custody" means the custody of a child in the Division of Child and
1922 Family Services from the date of the shelter hearing until disposition.
1923 Section 39. Section 78-3a-104 is amended to read:
1924 78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
1925 (1) Except as otherwise provided by law, the juvenile court has exclusive original
1926 jurisdiction in proceedings concerning:
1927 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
1928 person younger than 21 years of age who has violated any law or ordinance before becoming
1929 18 years of age, regardless of where the violation occurred, excluding traffic laws and boating
1930 and ordinances;
1931 (b) a person 21 years of age or older who has failed or refused to comply with an order
1932 of the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's
1933 21st birthday; however, the continuing jurisdiction is limited to causing compliance with
1934 existing orders;
1935 (c) a child who is an abused child, neglected child, or dependent child, as those terms
1936 are defined in Section 78-3a-103 ;
1937 (d) a protective order for a child pursuant to the provisions of Title 78, Chapter 3h,
1938 Child Protective Orders, which the juvenile court may transfer to the district court if the
1939 juvenile court has entered an ex parte protective order and finds that:
1940 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1941 parent of the child who is the object of the petition;
1942 (ii) the district court has a petition pending or an order related to [
1943 responsibility or parent-time entered under Title 30, Chapter 3, Divorce, Title 30, Chapter 6,
1944 Cohabitant Abuse Act, or Title 78, Chapter 45g, Utah Uniform Parentage Act, in which the
1945 petitioner and the respondent are parties; and
1946 (iii) the best interests of the child will be better served in the district court;
1947 (e) appointment of a guardian of the person or other guardian of a minor who comes
1948 within the court's jurisdiction under other provisions of this section;
1949 (f) the emancipation of a minor in accordance with Part 10, Emancipation;
1950 (g) the termination of the legal parent-child relationship in accordance with Part 4,
1951 Termination of Parental Rights Act, including termination of residual parental rights and
1952 duties;
1953 (h) the treatment or commitment of a mentally retarded minor;
1954 (i) a minor who is a habitual truant from school;
1955 (j) the judicial consent to the marriage of a child under age 16 upon a determination of
1956 voluntariness or where otherwise required by law, employment, or enlistment of a child when
1957 consent is required by law;
1958 (k) any parent or parents of a child committed to a secure youth corrections facility, to
1959 order, at the discretion of the court and on the recommendation of a secure facility, the parent
1960 or parents of a child committed to a secure facility for a custodial term, to undergo group
1961 rehabilitation therapy under the direction of a secure facility therapist, who has supervision of
1962 that parent's or parents' child, or any other therapist the court may direct, for a period directed
1963 by the court as recommended by a secure facility;
1964 (l) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1965 (m) the treatment or commitment of a mentally ill child. The court may commit a child
1966 to the physical custody of a local mental health authority in accordance with the procedures and
1967 requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to
1968 Division of Substance Abuse and Mental Health. The court may not commit a child directly to
1969 the Utah State Hospital;
1970 (n) the commitment of a child in accordance with Section 62A-15-301 ;
1971 (o) de novo review of final agency actions resulting from an informal adjudicative
1972 proceeding as provided in Section 63-46b-15 ; and
1973 (p) adoptions conducted in accordance with the procedures described in Title 78,
1974 Chapter 30, Adoption, when the juvenile court has previously entered an order terminating the
1975 rights of a parent and finds that adoption is in the best interest of the child.
1976 (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
1977 jurisdiction over any traffic or boating offense committed by a person under 16 years of age
1978 and concurrent jurisdiction over all other traffic or boating offenses committed by a person 16
1979 years of age or older, except that the court shall have exclusive jurisdiction over the following
1980 offenses committed by a child:
1981 (a) Section 76-5-207 , automobile homicide;
1982 (b) Section 41-6a-502 , operating a vehicle while under the influence of alcohol or
1983 drugs;
1984 (c) Section 41-6a-528 , reckless driving or Section 73-18-12 , reckless operation;
1985 (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or
1986 semitrailer for an extended period of time; and
1987 (e) Section 41-6a-210 or 73-18-20 , fleeing a peace officer.
1988 (3) The court also has jurisdiction over traffic and boating offenses that are part of a
1989 single criminal episode filed in a petition that contains an offense over which the court has
1990 jurisdiction.
1991 (4) The juvenile court has jurisdiction over an ungovernable or runaway child who is
1992 referred to it by the Division of Child and Family Services or by public or private agencies that
1993 contract with the division to provide services to that child where, despite earnest and persistent
1994 efforts by the division or agency, the child has demonstrated that the child:
1995 (a) is beyond the control of the child's parent, guardian, lawful custodian, or school
1996 authorities to the extent that the child's behavior or condition endangers the child's own welfare
1997 or the welfare of others; or
1998 (b) has run away from home.
1999 (5) This section does not restrict the right of access to the juvenile court by private
2000 agencies or other persons.
2001 (6) The juvenile court has jurisdiction of all magistrate functions relative to cases
2002 arising under Section 78-3a-602 .
2003 (7) The juvenile court has jurisdiction to make a finding of substantiated,
2004 unsubstantiated, or without merit, in accordance with Section 78-3a-320 .
2005 Section 40. Section 78-3a-105 is amended to read:
2006 78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
2007 (1) The district court or other court has concurrent jurisdiction with the juvenile court
2008 as follows:
2009 (a) when a person who is 18 years of age or older and who is under the continuing
2010 jurisdiction of the juvenile court under Section 78-3a-118 violates any federal, state, or local
2011 law or municipal ordinance; and
2012 (b) in establishing paternity and ordering testing for the purposes of establishing
2013 paternity, in accordance with Title 78, Chapter 45g, Utah Uniform Parentage Act, with regard
2014 to proceedings initiated under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 4,
2015 Termination of Parental Rights Act.
2016 (2) The juvenile court has jurisdiction over petitions to modify a minor's birth
2017 certificate if the court otherwise has jurisdiction over the minor.
2018 (3) This section does not deprive the district court of jurisdiction to appoint a guardian
2019 for a child, or to determine the support, [
2020 parent-time of, a child upon writ of habeas corpus or when the question of support, [
2021 parental responsibility, and parent-time is incidental to the determination of a cause in the
2022 district court.
2023 (4) (a) Where a support, [
2024 responsibility has been made by a district court in a divorce action or other proceeding, and the
2025 jurisdiction of the district court in the case is continuing, the juvenile court may acquire
2026 jurisdiction in a case involving the same child if the child is dependent, abused, neglected, or
2027 otherwise comes within the jurisdiction of the juvenile court under Section 78-3a-104 .
2028 (b) The juvenile court may, by order, change the [
2029 responsibility, subject to Subsection 30-3-10 (4), support, parent-time, and visitation rights
2030 previously ordered in the district court as necessary to implement the order of the juvenile court
2031 for the safety and welfare of the child. The juvenile court order remains in effect so long as the
2032 jurisdiction of the juvenile court continues.
2033 (c) When a copy of the findings and order of the juvenile court has been filed with the
2034 district court, the findings and order of the juvenile court are binding on the parties to the
2035 divorce action as though entered in the district court.
2036 (5) The juvenile court has jurisdiction over questions of [
2037 responsibility, support, and parent-time, of a minor who comes within the court's jurisdiction
2038 under this section or Section 78-3a-104 .
2039 Section 41. Section 78-3a-106 is amended to read:
2040 78-3a-106. Search warrants and subpoenas -- Authority to issue -- Protective
2041 custody -- Expedited hearing.
2042 (1) The court has authority to issue search warrants, subpoenas, or investigative
2043 subpoenas in criminal cases, delinquency, and abuse, neglect, and dependency proceedings for
2044 the same purposes, in the same manner and pursuant to the same procedures set forth in the
2045 code of criminal procedure for the issuance of search warrants, subpoenas, or investigative
2046 subpoenas in other trial courts in the state.
2047 (2) A peace officer or child welfare worker may not enter the home of a child who is
2048 not under the jurisdiction of the court, remove a child from the child's home or school, or take a
2049 child into protective custody unless:
2050 (a) there exist exigent circumstances sufficient to relieve the peace officer or child
2051 welfare worker of the requirement to obtain a warrant;
2052 (b) the peace officer or child welfare worker obtains a search warrant under Subsection
2053 (3);
2054 (c) the peace officer or child welfare worker obtains a court order after the parent or
2055 guardian of the child is given notice and an opportunity to be heard; or
2056 (d) the peace officer or child welfare worker obtains the consent of the child's parent or
2057 guardian.
2058 (3) (a) The court may issue a warrant authorizing a child protective services worker or
2059 peace officer to search for a child and take the child into protective custody if it appears to the
2060 court upon a verified petition, recorded sworn testimony or an affidavit sworn to by a peace
2061 officer or any other person, and upon the examination of other witnesses, if required by the
2062 judge, that there is probable cause to believe that:
2063 (i) there is a threat of substantial harm to the child's health or safety;
2064 (ii) it is necessary to take the child into protective custody to avoid the harm described
2065 in Subsection (3)(a)(i); and
2066 (iii) it is likely that the child will suffer substantial harm if the parent or guardian of the
2067 child is given notice and an opportunity to be heard before the child is taken into protective
2068 custody.
2069 (b) Pursuant to Section 77-23-210 , a peace officer making the search may enter a house
2070 or premises by force, if necessary, in order to remove the child.
2071 (c) The person executing the warrant shall then take the child to the place of shelter
2072 designated by the court or the division.
2073 (4) (a) Consistent with Subsection (5), the court shall hold an expedited hearing to
2074 determine whether a child should be placed in protective custody if:
2075 (i) a person files a petition under Section 78-3a-305 ;
2076 (ii) a party to the proceeding files a "Motion for Expedited Placement in Temporary
2077 Custody"; and
2078 (iii) notice of the hearing described in this Subsection (4)(a) is served consistent with
2079 the requirements for notice of a shelter hearing under Section 78-3a-306 .
2080 (b) The hearing described in Subsection (4)(a):
2081 (i) shall be held within 72 hours, excluding weekends and holidays, of the filing of the
2082 motion described in Subsection (4)(a)(ii); and
2083 (ii) shall be considered a shelter hearing under Section 78-3a-306 and Utah Rules of
2084 Juvenile Procedure, Rule 13.
2085 (5) (a) The hearing and notice described in Subsection (4) are subject to:
2086 (i) Section 78-3a-306 ;
2087 (ii) Section 78-3a-307 ; and
2088 (iii) the Utah Rules of Juvenile Procedure.
2089 (b) After the hearing described in Subsection (4), a court may order a child placed in
2090 the temporary custody of the division.
2091 (6) When notice to a parent or guardian is required by this section:
2092 (a) the parent or guardian to be notified must be:
2093 (i) the child's primary caregiver; or
2094 (ii) the parent or guardian who has [
2095 when the order is sought; and
2096 (b) the person required to provide notice shall make a good faith effort to provide
2097 notice to a parent or guardian who:
2098 (i) is not required to be notified under Subsection (6)(a); and
2099 (ii) has the right to parent-time with the child.
2100 Section 42. Section 78-3a-112 is amended to read:
2101 78-3a-112. Appearances -- Parents, guardian, or legal custodian to appear with
2102 minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
2103 Parent's employer to grant time off -- Appointment of guardian ad litem.
2104 (1) Any person required to appear who, without reasonable cause, fails to appear may
2105 be proceeded against for contempt of court, and the court may cause a bench warrant to issue to
2106 produce the person in court.
2107 (2) In all cases when a minor is required to appear in court, the parents, guardian, or
2108 other person [
2109 the minor shall appear with the minor unless excused by the judge.
2110 (a) An employee may request permission to leave the workplace for the purpose of
2111 attending court if the employee has been notified by the juvenile court that his minor is
2112 required to appear before the court.
2113 (b) An employer must grant permission to leave the workplace with or without pay if
2114 the employee has requested permission at least seven days in advance or within 24 hours of the
2115 employee receiving notice of the hearing.
2116 (3) If a parent or other person who signed a written promise to appear and bring the
2117 child to court under Section 78-3a-113 or 78-3a-114 fails to appear and bring the child to court
2118 on the date set in the promise, or, if the date was to be set, after notification by the court, a
2119 warrant may be issued for the apprehension of that person or the child, or both.
2120 (4) Willful failure to perform the promise is a misdemeanor if, at the time of the
2121 execution of the promise, the promisor is given a copy of the promise which clearly states that
2122 failure to appear and have the child appear as promised is a misdemeanor. The juvenile court
2123 shall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 8,
2124 Adult Offenses.
2125 (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
2126 provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
2127 both parents or of the guardian of a child. If neither a parent nor guardian is present at the
2128 court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
2129 A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
2130 whether or not a parent or guardian is present.
2131 (6) A warrant may be issued for a parent, a guardian, a [
2132 the minor regularly resides, or a minor if:
2133 (a) a summons is issued but cannot be served;
2134 (b) it is made to appear to the court that the person to be served will not obey the
2135 summons;
2136 (c) serving the summons will be ineffectual; or
2137 (d) the welfare of the minor requires that he be brought immediately into the custody of
2138 the court.
2139 Section 43. Section 78-3a-1001 is amended to read:
2140 78-3a-1001. Purpose.
2141 (1) The purpose of this part is to provide a means by which a minor who has
2142 demonstrated the ability and capacity to manage his or her own affairs and to live independent
2143 of his or her parents or guardian, may obtain the legal status of an emancipated person with the
2144 power to enter into valid legal contracts.
2145 (2) This part is not intended to interfere with the integrity of the family or to minimize
2146 the rights of parents or children. As provided in Section 62A-4a-201 , a parent is responsible
2147 for and possesses a fundamental liberty interest in the care[
2148 children.
2149 Section 44. Section 78-30-4.14 is amended to read:
2150 78-30-4.14. Necessary consent to adoption or relinquishment for adoption.
2151 (1) Except as provided in Subsection (2), consent to adoption of a child, or
2152 relinquishment of a child for adoption, is required from:
2153 (a) the adoptee, if the adoptee is more than 12 years of age, unless the adoptee does not
2154 have the mental capacity to consent;
2155 (b) both parents or the surviving parent of an adoptee who was conceived or born
2156 within a marriage;
2157 (c) the mother of an adoptee born outside of marriage;
2158 (d) any biological parent who has been adjudicated to be the child's biological father by
2159 a court of competent jurisdiction prior to the mother's execution of consent to adoption or her
2160 relinquishment of the child for adoption;
2161 (e) consistent with Subsection (3), any biological parent who has executed and filed a
2162 voluntary declaration of paternity with the state registrar of vital statistics within the
2163 Department of Health in accordance with Title 78, Chapter 45e, Voluntary Declaration of
2164 Paternity Act, prior to the mother's execution of consent to adoption or her relinquishment of
2165 the child for adoption;
2166 (f) an unmarried biological father of an adoptee, only if he strictly complies with the
2167 requirements of Subsections (4) through (8) and (10); and
2168 (g) the person or agency to whom an adoptee has been relinquished and that is placing
2169 the child for adoption.
2170 (2) (a) The consent of a person described in Subsections (1)(b) through (g) is not
2171 required if the adoptee is 18 years of age or older.
2172 (b) The consent of a person described in Subsections (1)(b) through (f) is not required
2173 if the person's parental rights relating to the adoptee have been terminated.
2174 (3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered
2175 filed when it is entered into a database that:
2176 (a) can be accessed by the Department of Health; and
2177 (b) is designated by the state registrar of vital statistics as the official database for
2178 voluntary declarations of paternity.
2179 (4) Except as provided in Subsections (5)(a) and (10), and subject to Subsection (8),
2180 with regard to a child who is placed with adoptive parents more than six months after birth,
2181 consent of an unmarried biological father is not required unless the unmarried biological father:
2182 (a) (i) developed a substantial relationship with the child by:
2183 (A) visiting the child monthly, unless the unmarried biological father was physically or
2184 financially unable to visit the child on a monthly basis; or
2185 (B) engaging in regular communication with the child or with the person or authorized
2186 agency that has lawful custody of the child;
2187 (ii) took some measure of responsibility for the child and the child's future; and
2188 (iii) demonstrated a full commitment to the responsibilities of parenthood by financial
2189 support of the child of a fair and reasonable sum in accordance with the father's ability; or
2190 (b) (i) openly lived with the child:
2191 (A) (I) for a period of at least six months during the one-year period immediately
2192 preceding the day on which the child is placed with adoptive parents; or
2193 (II) if the child is less than one year old, for a period of at least six months during the
2194 period of time beginning on the day on which the child is born and ending on the day on which
2195 the child is placed with adoptive parents; and
2196 (B) immediately preceding placement of the child with adoptive parents; and
2197 (ii) openly held himself out to be the father of the child during the six-month period
2198 described in Subsection (4)(b)(i)(A).
2199 (5) (a) If an unmarried biological father was prevented from complying with a
2200 requirement of Subsection (4) by the person or authorized agency having lawful custody of the
2201 child, the unmarried biological father is not required to comply with that requirement.
2202 (b) The subjective intent of an unmarried biological father, whether expressed or
2203 otherwise, that is unsupported by evidence that the requirements in Subsection (4) have been
2204 met, shall not preclude a determination that the father failed to meet the requirements of
2205 Subsection (4).
2206 (6) Except as provided in Subsection (10), and subject to Subsection (8), with regard to
2207 a child who is six months of age or less at the time the child is placed with adoptive parents,
2208 consent of an unmarried biological father is not required unless, prior to the time the mother
2209 executes her consent for adoption or relinquishes the child for adoption, the unmarried
2210 biological father:
2211 (a) initiates proceedings to establish paternity under Title 78, Chapter 45g, Utah
2212 Uniform Parentage Act;
2213 (b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
2214 (i) stating that he is fully able and willing to [
2215 responsibility for the child;
2216 (ii) setting forth his plans for care of the child; and
2217 (iii) agreeing to a court order of child support and the payment of expenses incurred in
2218 connection with the mother's pregnancy and the child's birth;
2219 (c) consistent with Subsection (7), files notice of the commencement of paternity
2220 proceedings with the state registrar of vital statistics within the Department of Health, in a
2221 confidential registry established by the department for that purpose; and
2222 (d) offered to pay and paid a fair and reasonable amount of the expenses incurred in
2223 connection with the mother's pregnancy and the child's birth, in accordance with his financial
2224 ability, unless:
2225 (i) he did not have actual knowledge of the pregnancy;
2226 (ii) he was prevented from paying the expenses by the person or authorized agency
2227 having lawful custody of the child; or
2228 (iii) the mother refuses to accept the unmarried biological father's offer to pay the
2229 expenses described in this Subsection (6)(d).
2230 (7) The notice described in Subsection (6)(c) is considered filed when it is entered into
2231 the registry described in Subsection (6)(c).
2232 (8) Consent of an unmarried biological father is not required under this section if:
2233 (a) the court determines, in accordance with the requirements and procedures of Title
2234 78, Chapter 3a, Part 4, Termination of Parental Rights Act, that the unmarried biological
2235 father's rights should be terminated, based on the petition of any interested party; or
2236 (b) (i) a declaration of paternity declaring the unmarried biological father to be the
2237 father of the child is rescinded under Section 78-45g-306 ; and
2238 (ii) the unmarried biological father fails to comply with Subsection (6) within ten
2239 business days after the day that notice of the rescission described in Subsection (8)(b)(i) is
2240 mailed by the Office of Vital Records within the Department of Health as provided in Section
2241 78-45g-306 .
2242 (9) Unless the adoptee is conceived or born within a marriage, the petitioner in an
2243 adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a
2244 certificate from the state registrar of vital statistics within the Department of Health, stating:
2245 (a) that a diligent search has been made of the registry of notices from unmarried
2246 biological fathers described in Subsection (6)(c); and
2247 (b) (i) that no filing has been found pertaining to the father of the child in question; or
2248 (ii) if a filing is found, the name of the putative father and the time and date of filing.
2249 (10) (a) For purposes of this Subsection (10), "qualifying circumstance" means that, at
2250 any point during the time period beginning at the conception of the child and ending at the time
2251 the mother executed a consent to adoption or relinquishment of the child for adoption:
2252 (i) the child or the child's mother resided, on a permanent or temporary basis, in the
2253 state of Utah;
2254 (ii) the mother intended to give birth to the child in the state of Utah;
2255 (iii) the child was born in the state of Utah; or
2256 (iv) the mother intended to execute a consent to adoption or relinquishment of the child
2257 for adoption:
2258 (A) in the state of Utah; or
2259 (B) under the laws of the state of Utah.
2260 (b) Notwithstanding the provisions of Subsections (4) and (6), the consent of an
2261 unmarried biological father is required with respect to an adoptee who is under the age of 18 if:
2262 (i) (A) the unmarried biological father did not know, and through the exercise of
2263 reasonable diligence could not have known, before the time the mother executed a consent to
2264 adoption or relinquishment of the child for adoption, that a qualifying circumstance existed;
2265 and
2266 (B) before the mother executed a consent to adoption or relinquishment of the child for
2267 adoption, the unmarried biological father fully complied with the requirements to establish
2268 parental rights in the child, and to preserve the right to notice of a proceeding in connection
2269 with the adoption of the child, imposed by:
2270 (I) the last state where the unmarried biological father knew, or through the exercise of
2271 reasonable diligence should have known, that the mother resided in before the mother executed
2272 the consent to adoption or relinquishment of the child for adoption; or
2273 (II) the state where the child was conceived; or
2274 (ii) (A) the unmarried biological father knew, or through the exercise of reasonable
2275 diligence should have known, before the time the mother executed a consent to adoption or
2276 relinquishment of the child for adoption, that a qualifying circumstance existed; and
2277 (B) the unmarried biological father complied with the requirements of Subsection (4)
2278 or (6) before the later of:
2279 (I) 20 days after the day that the unmarried biological father knew, or through the
2280 exercise of reasonable diligence should have known, that a qualifying circumstance existed; or
2281 (II) the time that the mother executed a consent to adoption or relinquishment of the
2282 child for adoption.
2283 (11) An unmarried biological father who does not fully and strictly comply with the
2284 requirements of this section is considered to have waived and surrendered any right in relation
2285 to the child, including the right to:
2286 (a) notice of any judicial proceeding in connection with the adoption of the child; and
2287 (b) consent, or refuse to consent, to the adoption of the child.
2288 Section 45. Section 78-32-12.1 is amended to read:
2289 78-32-12.1. Compensatory service for violation of parent-time order or failure to
2290 pay child support.
2291 (1) If a court finds by a preponderance of the evidence that a parent has refused to
2292 comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall
2293 order the parent to:
2294 (a) perform a minimum of ten hours of compensatory service; and
2295 (b) participate in workshops, classes, or individual counseling to educate the parent
2296 about the importance of complying with the court order and providing a child a continuing
2297 relationship with both parents.
2298 (2) If a [
2299 compensatory service or undergo court-ordered education, there is a rebuttable presumption
2300 that the [
2301 parent-time by the court to provide child care during the time the [
2302 complying with compensatory service or education in order to recompense [
2303 parent-time wrongfully denied by the [
2304 (3) If a [
2305 to perform compensatory service or undergo court-ordered education, the court shall attempt to
2306 schedule the compensatory service or education at times that will not interfere with [
2307
2308 (4) The person ordered to participate in court-ordered education is responsible for
2309 expenses of workshops, classes, and individual counseling.
2310 (5) If a court finds by a preponderance of the evidence that an obligor, as defined in
2311 Section 78-45-2 , has refused to pay child support as ordered by a court in accordance with Title
2312 78, Chapter 45, Uniform Civil Liability for Support Act, the court shall order the obligor to:
2313 (a) perform a minimum of ten hours of compensatory service; and
2314 (b) participate in workshops, classes, or individual counseling to educate the obligor
2315 about the importance of complying with the court order and providing the children with a
2316 regular and stable source of support.
2317 (6) The obligor is responsible for the expenses of workshops, classes, and individual
2318 counseling ordered by the court.
2319 (7) If a court orders an obligor to perform compensatory service or undergo
2320 court-ordered education, the court shall attempt to schedule the compensatory service or
2321 education at times that will not interfere with the obligor's parent-time with the child.
2322 (8) The sanctions that the court shall impose under this section do not prevent the court
2323 from imposing other sanctions or prevent any person from bringing a cause of action allowed
2324 under state or federal law.
2325 (9) The Legislature shall allocate the money from the Children's Legal Defense
2326 Account to the judiciary to defray the cost of enforcing and administering this section.
2327 Section 46. Section 78-32-17 is amended to read:
2328 78-32-17. Noncompliance with child support order.
2329 (1) When a court of competent jurisdiction, or the Office of Recovery Services
2330 pursuant to an action under Title 63, Chapter 46b, Administrative Procedures Act, makes an
2331 order requiring a parent to furnish support or necessary food, clothing, shelter, medical care, or
2332 other remedial care for his child, and the parent fails to do so, proof of noncompliance shall be
2333 prima facie evidence of contempt of court.
2334 (2) Proof of noncompliance may be demonstrated by showing that:
2335 (a) the order was made, and filed with the district court; and
2336 (b) the parent knew of the order because:
2337 (i) the order was mailed to the parent at his last-known address as shown on the court
2338 records;
2339 (ii) the parent was present in court at the time the order was pronounced;
2340 (iii) the parent entered into a written stipulation and the parent or counsel for the parent
2341 was sent a copy of the order;
2342 (iv) counsel was present in court and entered into a stipulation which was accepted and
2343 the order based upon the stipulation was then sent to counsel for the parent; or
2344 (v) the parent was properly served and failed to answer.
2345 (3) Upon establishment of a prima facie case of contempt under Subsection (2), the
2346 obligor under the child support order has the burden of proving inability to comply with the
2347 child support order.
2348 (4) A court may, in addition to other available sanctions, withhold, suspend, or restrict
2349 the use of driver's licenses, professional and occupational licenses, and recreational licenses
2350 and impose conditions for reinstatement upon a finding that:
2351 (a) an obligor has:
2352 (i) made no payment for 60 days on a current obligation of support as set forth in an
2353 administrative or court order and, thereafter, has failed to make a good faith effort under the
2354 circumstances to make payment on the support obligation in accordance with the order; or
2355 (ii) made no payment for 60 days on an arrearage obligation of support as set forth in a
2356 payment schedule, written agreement with the Office of Recovery Services, or an
2357 administrative or judicial order and, thereafter, has failed to make a good faith effort under the
2358 circumstances to make payment on the arrearage obligation in accordance with the payment
2359 schedule, agreement, or order; and
2360 (iii) not obtained a judicial order staying enforcement of the support or arrearage
2361 obligation for which the obligor would be otherwise delinquent;
2362 (b) a [
2363 (i) violated a parent-time order by denying contact for 60 days between a
2364 [
2365 has failed to make a good faith effort under the circumstances to comply with a parent-time
2366 order; and
2367 (ii) not obtained a judicial order staying enforcement of the parent-time order; or
2368 (c) an obligor or obligee, after receiving appropriate notice, has failed to comply with a
2369 subpoena or order relating to a paternity or child support proceeding.
2370 Section 47. Section 78-45-2 is amended to read:
2371 78-45-2. Definitions.
2372 As used in this chapter:
2373 (1) "Adjusted gross income" means income calculated under Subsection 78-45-7.6 (1).
2374 (2) "Administrative agency" means the Office of Recovery Services or the Department
2375 of Human Services.
2376 (3) "Administrative order" means an order that has been issued by the Office of
2377 Recovery Services, the Department of Human Services, or an administrative agency of another
2378 state or other comparable jurisdiction with similar authority to that of the office.
2379 (4) "Base child support award" means the award that may be ordered and is calculated
2380 using the guidelines before additions for medical expenses and work-related child care costs.
2381 (5) "Base combined child support obligation table," "child support table," "base child
2382 support obligation table," "low income table," or "table" means the appropriate table in Section
2383 78-45-7.14 .
2384 (6) "Child" means:
2385 (a) a son or daughter under the age of 18 years who is not otherwise emancipated,
2386 self-supporting, married, or a member of the armed forces of the United States;
2387 (b) a son or daughter over the age of 18 years, while enrolled in high school during the
2388 normal and expected year of graduation and not otherwise emancipated, self-supporting,
2389 married, or a member of the armed forces of the United States; or
2390 (c) a son or daughter of any age who is incapacitated from earning a living and, if able
2391 to provide some financial resources to the family, is not able to support self by own means.
2392 (7) "Child support" means a base child support award as defined in Section 78-45-2 , or
2393 a monthly financial award for uninsured medical expenses, ordered by a tribunal for the
2394 support of a child, including current periodic payments, all arrearages which accrue under an
2395 order for current periodic payments, and sum certain judgments awarded for arrearages,
2396 medical expenses, and child care costs.
2397 (8) "Child support order" or "support order" means a judgment, decree, or order of a
2398 tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable,
2399 whether incidental to a proceeding for divorce, judicial or legal separation, separate
2400 maintenance, paternity, guardianship, civil protection, or otherwise which:
2401 (a) establishes or modifies child support;
2402 (b) reduces child support arrearages to judgment; or
2403 (c) establishes child support or registers a child support order under Title 78, Chapter
2404 45f, Uniform Interstate Family Support Act.
2405 (9) "Child support services" or "IV-D child support services" means services provided
2406 pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Section 651 et seq.
2407 (10) "Court" means the district court or juvenile court.
2408 (11) "Guidelines" means the child support guidelines in Sections 78-45-7.2 through
2409 78-45-7.21 .
2410 (12) "Income" means earnings, compensation, or other payment due to an individual,
2411 regardless of source, whether denominated as wages, salary, commission, bonus, pay,
2412 allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive
2413 pay. "Income" includes:
2414 (a) all gain derived from capital assets, labor, or both, including profit gained through
2415 sale or conversion of capital assets;
2416 (b) interest and dividends;
2417 (c) periodic payments made under pension or retirement programs or insurance policies
2418 of any type;
2419 (d) unemployment compensation benefits;
2420 (e) workers' compensation benefits; and
2421 (f) disability benefits.
2422 (13) "Joint physical [
2423 parent overnight for more than 30% of the year, and both parents contribute to the expenses of
2424 the child in addition to paying child support.
2425 (14) "Medical expenses" means health and dental expenses and related insurance costs.
2426 (15) "Obligee" means an individual, this state, another state, or another comparable
2427 jurisdiction to whom child support is owed or who is entitled to reimbursement of child
2428 support or public assistance.
2429 (16) "Obligor" means any person owing a duty of support.
2430 (17) "Office" means the Office of Recovery Services within the Department of Human
2431 Services.
2432 (18) "Parent" includes a natural parent, or an adoptive parent.
2433 (19) "Split [
2434 custody of at least one of the children residing with them.
2435 (20) "State" includes any state, territory, possession of the United States, the District of
2436 Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable
2437 domestic or foreign jurisdiction.
2438 (21) "Third party" means an agency or a person other than the biological or adoptive
2439 parent or a child who provides care, maintenance, and support to a child.
2440 (22) "Tribunal" means the district court, the Department of Human Services, Office of
2441 Recovery Services, or court or administrative agency of any state, territory, possession of the
2442 United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American
2443 Tribe, or other comparable domestic or foreign jurisdiction.
2444 (23) "Work-related child care costs" means reasonable child care costs for up to a
2445 full-time work week or training schedule as necessitated by the employment or training of a
2446 parent under Section 78-45-7.17 .
2447 (24) "Worksheets" means the forms used to aid in calculating the base child support
2448 award.
2449 Section 48. Section 78-45-4.4 is amended to read:
2450 78-45-4.4. Support follows the child.
2451 (1) Obligations ordered for child support and medical expenses are for the use and
2452 benefit of the child and shall follow the child.
2453 (2) Except in cases of joint physical [
2454 [
2455 [
2456 without physical [
2457 amount of support determined in accordance with Sections 78-45-7.7 and 78-45-7.15 , without
2458 the need to modify the order for:
2459 (a) the parent who has physical [
2460 (b) a relative to whom physical [
2461 been voluntarily given; or
2462 (c) the state when the child is residing outside of the home in the protective custody,
2463 temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.
2464 Section 49. Section 78-45-4.5 is amended to read:
2465 78-45-4.5. Waiver and estoppel.
2466 (1) Waiver and estoppel shall apply only to the [
2467 regularly resides when there is no order already established by a tribunal if [
2468 parent freely and voluntarily waives support specifically and in writing.
2469 (2) Waiver and estoppel may not be applied against any third party or public entity that
2470 may provide support for the child.
2471 (3) A [
2472 biological father in a paternity action, may not rely on statements made by the [
2473 parent of the child concerning child support unless the statements are reduced to writing and
2474 signed by both parties.
2475 Section 50. Section 78-45-7.2 is amended to read:
2476 78-45-7.2. Application of guidelines -- Rebuttal.
2477 (1) The guidelines apply to any judicial or administrative order establishing or
2478 modifying an award of child support entered on or after July 1, 1989.
2479 (2) (a) The child support guidelines shall be applied as a rebuttable presumption in
2480 establishing or modifying the amount of temporary or permanent child support.
2481 (b) The rebuttable presumption means the provisions and considerations required by
2482 the guidelines, the award amounts resulting from the application of the guidelines, and the use
2483 of worksheets consistent with these guidelines are presumed to be correct, unless rebutted
2484 under the provisions of this section.
2485 (3) A written finding or specific finding on the record supporting the conclusion that
2486 complying with a provision of the guidelines or ordering an award amount resulting from use
2487 of the guidelines would be unjust, inappropriate, or not in the best interest of a child in a
2488 particular case is sufficient to rebut the presumption in that case. If an order rebuts the
2489 presumption through findings, it is considered a deviated order.
2490 (4) The following shall be considered deviations from the guidelines, if:
2491 (a) the order includes a written finding that it is a nonguidelines order;
2492 (b) the guidelines worksheet has the box checked for a deviation and has an
2493 explanation as to the reason; or
2494 (c) the deviation was made because there were more children than provided for in the
2495 guidelines table.
2496 (5) If the amount in the order and the amount on the guidelines worksheet differ, but
2497 the difference is less than $10, the order shall not be considered deviated and the incomes listed
2498 on the worksheet may be used in adjusting support for emancipation.
2499 (6) (a) Natural or adoptive children of either parent who live in the home of that parent
2500 and are not children in common to both parties may at the option of either party be taken into
2501 account under the guidelines in setting or modifying a child support award, as provided in
2502 Subsection (7). Credit may not be given if:
2503 (i) by giving credit to the obligor, children for whom a prior support order exists would
2504 have their child support reduced; or
2505 (ii) by giving credit to the obligee for a present family, the obligation of the obligor
2506 would increase.
2507 (b) Additional worksheets shall be prepared that compute the obligations of the
2508 respective parents for the additional children. The obligations shall then be subtracted from the
2509 appropriate parent's income before determining the award in the instant case.
2510 (7) In a proceeding to modify an existing award, consideration of natural or adoptive
2511 children born after entry of the order and who are not in common to both parties may be
2512 applied to mitigate an increase in the award but may not be applied:
2513 (a) for the benefit of the obligee if the credit would increase the support obligation of
2514 the obligor from the most recent order; or
2515 (b) for the benefit of the obligor if the amount of support received by the obligee would
2516 be decreased from the most recent order.
2517 (8) (a) If a child support order has not been issued or modified within the previous
2518 three years, a parent, legal guardian, or the office may petition the court to adjust the amount of
2519 a child support order.
2520 (b) Upon receiving a petition under Subsection (8)(a), the court shall, taking into
2521 account the best interests of the child, determine whether there is a difference between the
2522 amount ordered and the amount that would be required under the guidelines. If there is a
2523 difference of 10% or more and the difference is not of a temporary nature, the court shall adjust
2524 the amount to that which is provided for in the guidelines.
2525 (c) A showing of a substantial change in circumstances is not necessary for an
2526 adjustment under Subsection (8)(b).
2527 (9) (a) A parent, legal guardian, or the office may at any time petition the court to
2528 adjust the amount of a child support order if there has been a substantial change in
2529 circumstances.
2530 (b) For purposes of Subsection (9)(a), a substantial change in circumstances may
2531 include:
2532 (i) material changes in [
2533 (ii) material changes in the relative wealth or assets of the parties;
2534 (iii) material changes of 30% or more in the income of a parent;
2535 (iv) material changes in the ability of a parent to earn;
2536 (v) material changes in the medical needs of the child; and
2537 (vi) material changes in the legal responsibilities of either parent for the support of
2538 others.
2539 (c) Upon receiving a petition under Subsection (9)(a), the court shall, taking into
2540 account the best interests of the child, determine whether a substantial change has occurred. If
2541 it has, the court shall then determine whether the change results in a difference of 15% or more
2542 between the amount of child support ordered and the amount that would be required under the
2543 guidelines. If there is such a difference and the difference is not of a temporary nature, the
2544 court shall adjust the amount of child support ordered to that which is provided for in the
2545 guidelines.
2546 (10) Notice of the opportunity to adjust a support order under Subsections (8) and (9)
2547 shall be included in each child support order issued or modified after July 1, 1997.
2548 Section 51. Section 78-45-7.7 is amended to read:
2549 78-45-7.7. Calculation of obligations.
2550 (1) Each parent's child support obligation shall be established in proportion to their
2551 adjusted gross incomes, unless the low income table is applicable. Except during periods of
2552 court-ordered parent-time as set forth in Section 78-45-7.11 , the parents are obligated to pay
2553 their proportionate shares of the base combined child support obligation. If physical [
2554
2555 modification of the order is not necessary, even if only one parent is specifically ordered to pay
2556 in the order.
2557 (2) Except in cases of joint physical [
2558 responsibilities as defined in Section 78-45-2 and in cases where the obligor's adjusted gross
2559 income is $1,050 or less monthly, the base child support award shall be determined as follows:
2560 (a) combine the adjusted gross incomes of the parents and determine the base
2561 combined child support obligation using the base combined child support obligation table; and
2562 (b) calculate each parent's proportionate share of the base combined child support
2563 obligation by multiplying the combined child support obligation by each parent's percentage of
2564 combined adjusted gross income.
2565 (3) In the case of an incapacitated adult child, any amount that the incapacitated adult
2566 child can contribute to his or her support may be considered in the determination of child
2567 support and may be used to justify a reduction in the amount of support ordered, except that in
2568 the case of orders involving multiple children, the reduction shall not be greater than the effect
2569 of reducing the total number of children by one in the child support table calculation.
2570 (4) In cases where the monthly adjusted gross income of the obligor is between $650
2571 and $1,050, the base child support award shall be the lesser of the amount calculated in
2572 accordance with Subsection (2) and the amount calculated using the low income table. If the
2573 income and number of children is found in an area of the low income table in which no amount
2574 is shown, the base combined child support obligation table is to be used.
2575 (5) The base combined child support obligation table provides combined child support
2576 obligations for up to six children. For more than six children, additional amounts may be
2577 added to the base child support obligation shown. Unless rebutted by Subsection 78-45-7.2 (3),
2578 the amount ordered shall not be less than the amount which would be ordered for up to six
2579 children.
2580 (6) If the monthly adjusted gross income of the obligor is $649 or less, the tribunal
2581 shall determine the amount of the child support obligation on a case-by-case basis, but the base
2582 child support award shall not be less than $20.
2583 (7) The amount shown on the table is the support amount for the total number of
2584 children, not an amount per child.
2585 Section 52. Section 78-45-7.8 is amended to read:
2586 78-45-7.8. Split custody -- Obligation calculations.
2587 In cases of split [
2588 be determined as follows:
2589 (1) Combine the adjusted gross incomes of the parents and determine the base
2590 combined child support obligation using the base combined child support obligation table.
2591 Allocate a portion of the calculated amount between the parents in proportion to the number of
2592 children for whom each parent has physical [
2593 calculated are a tentative base child support obligation due each parent from the other parent
2594 for support of the child or children for whom each parent has physical [
2595 responsibility.
2596 (2) Multiply the tentative base child support obligation due each parent by the
2597 percentage that the other parent's adjusted gross income bears to the total combined adjusted
2598 gross income of both parents.
2599 (3) Subtract the lesser amount in Subsection (2) from the larger amount to determine
2600 the base child support award to be paid by the parent with the greater financial obligation.
2601 Section 53. Section 78-45-7.9 is amended to read:
2602 78-45-7.9. Joint physical custody -- Obligation calculations.
2603 In cases of joint physical [
2604 award shall be determined as follows:
2605 (1) Combine the adjusted gross incomes of the parents and determine the base
2606 combined child support obligation using the base combined child support obligation table.
2607 (2) Calculate each parent's proportionate share of the base combined child support
2608 obligation by multiplying the base combined child support obligation by each parent's
2609 percentage of combined adjusted gross income. The amounts so calculated are the base child
2610 support obligation due from each parent for support of the children.
2611 (3) If the obligor's time with the children exceeds 110 overnights, the obligation shall
2612 be calculated further as follows:
2613 (a) if the amount of time to be spent with the children is between 110 and 131
2614 overnights, multiply the number of overnights over 110 by .0027, then multiply the result by
2615 the base combined child support obligation, and then subtract the result from the obligor's
2616 payment as determined by Subsection (2) to arrive at the obligor's payment; or
2617 (b) if the amount of time to be spent with the children is 131 overnights or more,
2618 multiply the number of overnights over 130 by .0084, then multiply the result by the base
2619 combined child support obligation, and then subtract the result from the obligor's payment as
2620 determined in Subsection (3)(a) to arrive at the obligor's payment.
2621 Section 54. Section 78-45-7.11 is amended to read:
2622 78-45-7.11. Reduction for extended parent-time.
2623 (1) The base child support award shall be:
2624 (a) reduced by 50% for each child for time periods during which the child is with the
2625 [
2626 written agreement of the parties for at least 25 of any 30 consecutive days of extended
2627 parent-time; or
2628 (b) 25% for each child for time periods during which the child is with the
2629 [
2630 written agreement of the parties for at least 12 of any 30 consecutive days of extended
2631 parent-time.
2632 (2) If the dependent child is a client of cash assistance provided under Title 35A,
2633 Chapter 3, Part 3, Family Employment Program, any agreement by the parties for reduction of
2634 child support during extended parent-time shall be approved by the administrative agency.
2635 (3) Normal parent-time and holiday visits to the [
2636 the child regularly resides may not be considered extended parent-time.
2637 (4) For cases receiving IV-D child support services in accordance with Title 62A,
2638 Chapter 11, Parts 1, 3, and 4, to receive the adjustment the [
2639 the child does not regularly reside shall provide written documentation of the extended
2640 parent-time schedule, including the beginning and ending dates, to the Office of Recovery
2641 Services in the form of either a court order or a voluntary written agreement between the
2642 parties.
2643 (5) If the [
2644 with Subsection (4), owes no past-due support, and pays the full, unadjusted amount of current
2645 child support due for the month of scheduled extended parent-time and the following month,
2646 the Office of Recovery Services shall refund the difference from the child support due to the
2647 [
2648 of current child support received during the month of extended parent-time and the adjusted
2649 amount of current child support due:
2650 (a) from current support received in the month following the month of scheduled
2651 extended parent-time; or
2652 (b) from current support received in the month following the month written
2653 documentation of the scheduled extended parent-time is provided to the office, whichever
2654 occurs later.
2655 (6) If the [
2656 with Subsection (4), owes past-due support, and pays the full, unadjusted amount of current
2657 child support due for the month of scheduled extended parent-time, the Office of Recovery
2658 Services shall apply the difference, from the child support due to the [
2659 whom the child regularly resides or the state, between the full amount of current child support
2660 received during the month of extended parent-time and the adjusted amount of current child
2661 support due, to the past-due support obligation in the case.
2662 (7) For cases not receiving IV-D child support services in accordance with Title 62A,
2663 Chapter 11, Parts 1, 3, and 4, any potential adjustment of the support payment during the
2664 month of extended visitation or any refund that may be due to the [
2665
2666 the child regularly resides, shall be resolved between the parents or through the court without
2667 involvement by the Office of Recovery Services.
2668 (8) For purposes of this section the per child amount to which the abatement applies
2669 shall be calculated by dividing the base child support award by the number of children included
2670 in the award.
2671 (9) The reduction in this section does not apply to parents with joint physical [
2672
2673 Section 55. Section 78-45-7.13 is amended to read:
2674 78-45-7.13. Advisory committee -- Membership and functions.
2675 (1) On or before March 1, 2007 and then on or before March 1 of every fourth year
2676 subsequently, the governor shall appoint an advisory committee consisting of:
2677 (a) one representative recommended by the Office of Recovery Services;
2678 (b) one representative recommended by the Judicial Council;
2679 (c) two representatives recommended by the Utah State Bar Association;
2680 (d) two representatives of [
2681 reside with them;
2682 (e) two representatives of [
2683 them;
2684 (f) one representative with expertise in economics; and
2685 (g) two representatives from diverse interests related to child support issues, as the
2686 governor may consider appropriate. However, none of the individuals appointed under this
2687 subsection may be members of the Utah State Bar Association.
2688 (2) The term of the committee members expires one month after the report of the
2689 committee is submitted to the Legislature under Subsection (4).
2690 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
2691 appointed for the unexpired term.
2692 (4) (a) The advisory committee shall review the child support guidelines to ensure their
2693 application results in the determination of appropriate child support award amounts.
2694 (b) The committee shall report to the Legislative Judiciary Interim Committee on or
2695 before October 1 in 2007 and then on or before October 1 of every fourth year subsequently.
2696 (c) The committee's report shall include recommendations of the majority of the
2697 committee, as well as specific recommendations of individual members of the committee.
2698 (5) (a) (i) Members who are not government employees shall receive no compensation
2699 or benefits for their services, but may receive per diem and expenses incurred in the
2700 performance of the member's official duties at the rates established by the Division of Finance
2701 under Sections 63A-3-106 and 63A-3-107 .
2702 (ii) Members may decline to receive per diem and expenses for their service.
2703 (b) (i) State government officer and employee members who do not receive salary, per
2704 diem, or expenses from their agency for their service may receive per diem and expenses
2705 incurred in the performance of their official duties from the committee at the rates established
2706 by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
2707 (ii) State government officer and employee members may decline to receive per diem
2708 and expenses for their service.
2709 (6) Staff for the committee shall be provided from the existing budgets of the
2710 Department of Human Services.
2711 (7) The committee ceases to exist no later than November 1, 2003 and then on
2712 November 1 of every fourth year subsequently.
2713 (8) Any committee appointed by the governor prior to October 1, 2003 ceases to exist
2714 on November 1, 2003.
2715 Section 56. Section 78-45-7.15 is amended to read:
2716 78-45-7.15. Medical expenses.
2717 (1) The court shall order that insurance for the medical expenses of the minor children
2718 be provided by a parent if it is available at a reasonable cost.
2719 (2) In determining which parent shall be ordered to maintain insurance for medical
2720 expenses, the court or administrative agency may consider the:
2721 (a) reasonableness of the cost;
2722 (b) availability of a group insurance policy;
2723 (c) coverage of the policy; and
2724 (d) preference of the [
2725 (3) The order shall require each parent to share equally the out-of-pocket costs of the
2726 premium actually paid by a parent for the children's portion of insurance.
2727 (4) The parent who provides the insurance coverage may receive credit against the base
2728 child support award or recover the other parent's share of the children's portion of the premium.
2729 In cases in which the parent does not have insurance but another member of the parent's
2730 household provides insurance coverage for the children, the parent may receive credit against
2731 the base child support award or recover the other parent's share of the children's portion of the
2732 premium.
2733 (5) The children's portion of the premium is a per capita share of the premium actually
2734 paid. The premium expense for the children shall be calculated by dividing the premium
2735 amount by the number of persons covered under the policy and multiplying the result by the
2736 number of children in the instant case.
2737 (6) The order shall require each parent to share equally all reasonable and necessary
2738 uninsured medical expenses, including deductibles and copayments, incurred for the dependent
2739 children.
2740 (7) The parent ordered to maintain insurance shall provide verification of coverage to
2741 the other parent, or to the Office of Recovery Services under Title IV of the Social Security
2742 Act, 42 U.S.C. Section 601 et seq., upon initial enrollment of the dependent children, and
2743 thereafter on or before January 2 of each calendar year. The parent shall notify the other
2744 parent, or the Office of Recovery Services under Title IV of the Social Security Act, 42 U.S.C.
2745 Section 601 et seq., of any change of insurance carrier, premium, or benefits within 30 calendar
2746 days of the date he first knew or should have known of the change.
2747 (8) A parent who incurs medical expenses shall provide written verification of the cost
2748 and payment of medical expenses to the other parent within 30 days of payment.
2749 (9) In addition to any other sanctions provided by the court, a parent incurring medical
2750 expenses may be denied the right to receive credit for the expenses or to recover the other
2751 parent's share of the expenses if that parent fails to comply with Subsections (7) and (8).
2752 Section 57. Section 78-45-7.17 is amended to read:
2753 78-45-7.17. Child care costs.
2754 (1) The need to include child care costs in the child support order is presumed, if [
2755
2756 actually incurring the child care costs.
2757 (2) The need to include child care costs is not presumed, but may be awarded on a
2758 case-by-case basis, if the costs are related to the career or occupational training of the
2759 [
2760 the interest of justice.
2761 Section 58. Section 78-45c-102 is amended to read:
2762 78-45c-102. Definitions.
2763 As used in this chapter:
2764 (1) "Abandoned" means left without provision for reasonable and necessary care or
2765 supervision.
2766 (2) "Child" means an individual under 18 years of age and not married.
2767 (3) "Child custody determination" means a judgment, decree, or other order of a court
2768 providing for the [
2769 parent-time with respect to a child. The term includes a permanent, temporary, initial, and
2770 modification order. The term does not include an order relating to child support or other
2771 monetary obligation of an individual.
2772 (4) "Child custody proceeding" means a proceeding in which [
2773
2774 issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency,
2775 guardianship, paternity, termination of parental rights, and protection from domestic violence,
2776 in which the issue may appear. The term does not include a proceeding involving juvenile
2777 delinquency, contractual emancipation, or enforcement under Part 3, Enforcement.
2778 (5) "Commencement" means the filing of the first pleading in a proceeding.
2779 (6) "Court" means an entity authorized under the law of a state to establish, enforce, or
2780 modify a [
2781 (7) "Home state" means the state in which a child lived with a parent or a person acting
2782 as a parent for at least six consecutive months immediately before the commencement of a
2783 child custody proceeding. In the case of a child less than six months of age, the term means the
2784 state in which the child lived from birth with any of the persons mentioned. A period of
2785 temporary absence of any of the mentioned persons is part of the period.
2786 (8) "Initial determination" means the first [
2787 responsibility concerning a particular child.
2788 (9) "Issuing court" means the court that makes a [
2789 parental responsibility for which enforcement is sought under this chapter.
2790 (10) "Issuing state" means the state in which a [
2791 parental responsibility is made.
2792 (11) "Modification" means a [
2793 that changes, replaces, supersedes, or is otherwise made after a previous determination
2794 concerning the same child, whether or not it is made by the court that made the previous
2795 determination.
2796 (12) "Person" includes government, governmental subdivision, agency, or
2797 instrumentality, or any other legal or commercial entity.
2798 (13) "Person acting as a parent" means a person, other than a parent[
2799 (a) [
2800 regularly resides or with whom the child has resided for a period of six consecutive months,
2801 including any temporary absence, within one year immediately before the commencement of a
2802 child custody proceeding; and
2803 (b) who has been awarded legal [
2804 a right to [
2805 (14) "Physical custody" means [
2806 been allocated the parental responsibility for the care and supervision of a child.
2807 (15) "State" means a state of the United States, the District of Columbia, Puerto Rico,
2808 the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
2809 of the United States.
2810 (16) "Tribe" means an Indian tribe, or band, or Alaskan Native village which is
2811 recognized by federal law or formally acknowledged by a state.
2812 (17) "Writ of assistance" means an order issued by a court authorizing law enforcement
2813 officers to take physical custody of a child.
2814 Section 59. Section 78-45f-103 is amended to read:
2815 78-45f-103. Remedies cumulative.
2816 (1) Remedies provided by this chapter are cumulative and do not affect the availability
2817 of remedies under other law, including the recognition of a support order of a foreign country
2818 or political subdivision on the basis of comity.
2819 (2) This chapter does not:
2820 (a) provide the exclusive method of establishing or enforcing a support order under the
2821 law of this state; or
2822 (b) grant a tribunal of this state jurisdiction to render judgment or issue an order
2823 relating to [
2824 proceeding under this chapter.
2825 Section 60. Section 78-45g-610 is amended to read:
2826 78-45g-610. Joinder of judicial proceedings.
2827 (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
2828 parentage may be joined with a proceeding for adoption, termination of parental rights, [
2829
2830 divorce, annulment, legal separation or separate maintenance, probate or administration of an
2831 estate, or other appropriate proceeding.
2832 (2) A respondent may not join a proceeding described in Subsection (1) with a
2833 proceeding to adjudicate parentage brought under Title 78, Chapter 45f, Uniform Interstate
2834 Family Support Act.
2835 Section 61. Section 78-45g-616 is amended to read:
2836 78-45g-616. Temporary order.
2837 (1) In a proceeding under this part, the tribunal shall issue a temporary order for
2838 support of a child if the order is appropriate and the individual ordered to pay support is:
2839 (a) a presumed father of the child;
2840 (b) petitioning to have his paternity adjudicated;
2841 (c) identified as the father through genetic testing under Section 78-45g-505 ;
2842 (d) an alleged father who has failed to submit to genetic testing;
2843 (e) shown by clear and convincing evidence to be the father of the child; or
2844 (f) the mother of the child.
2845 (2) A temporary tribunal order may include provisions for [
2846 parental responsibilities, parent-time, and visitation as provided by other laws of this state.
Legislative Review Note
as of 1-31-07 2:48 PM