H.B. 202

1

CHILD PROTECTION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christine F. Watkins
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 62A, Chapter 4a, Child and Family Services, and Title 78A,
10 Chapter 6, Juvenile Court Act of 1996, by prohibiting the Division of Child and Family
11 Services and juvenile courts from taking action against a parent or guardian on the sole
12 basis of a positive drug test when the drug test results are due to the proper use of
13 prescribed medication.
14 Highlighted Provisions:
15 This bill:
16 . prohibits the division and juvenile courts from taking action against a parent or
17 guardian solely on the basis of a positive drug test result if the result is due to the
18 parent's or guardian's proper use of prescribed medication;
19 . requires the division and juvenile courts to consider evidence that a failed drug test
20 is due to a parent's or guardian's proper use of prescribed medication; and
21 . states that an employee of the Division of Child and Family Services who violates
22 these provisions is subject to discipline.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 62A-4a-202.9, Utah Code Annotated 1953
30 78A-6-106.5, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 62A-4a-202.9 is enacted to read:
34 62A-4a-202.9. Proper use of drug test results -- Penalties for division employees.
35 (1) The division may not take action under this chapter against a parent or guardian
36 solely on the basis of a failed drug test result if:
37 (a) the parent or guardian is under a physician's care;
38 (b) the failed drug test is a result of the parent's or guardian's use of a prescribed
39 substance in the manner directed by the prescriber; and
40 (c) the drug test results are attributable only to the parent's or guardian's use of the
41 prescribed substance.
42 (2) The division shall consider evidence submitted by a parent or guardian, or the
43 parent's or guardian's physician that indicates the failed drug test result is due to use of a
44 prescribed substance.
45 (3) An employee of the division who violates these provisions is subject to discipline,
46 up to and including termination from employment.
47 Section 2. Section 78A-6-106.5 is enacted to read:
48 78A-6-106.5. Proper use of drug test results.
49 (1) The court may not take action under this chapter against a parent or guardian solely
50 on the basis of a failed drug test result if:
51 (a) the parent or guardian is under a physician's care;
52 (b) the failed drug test is a result of the parent's or guardian's use of a prescribed
53 substance in the manner directed by the prescriber; and
54 (c) the drug test results are attributable only to the parent's or guardian's use of the
55 prescribed substance.
56 (2) The court shall consider evidence submitted by a parent or guardian, or the parent's
57 or guardian's physician that indicates the failed drug test result is due to use of a prescribed
58 substance.

Legislative Review Note
as of 10-19-11 6:47 AM

Office of Legislative Research and General Counsel