MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

20 House Building, Utah State Capitol Complex

February 27, 2015

Members Present:                            Rep. LaVar Christensen, Chair

Rep. Merrill Nelson, Vice Chair

                                                            Rep. Fred C. Cox 

                                                            Rep. Bruce Cutler

                                                            Rep. Brian M. Greene

                                                            Rep. Craig Hall

                                                            Rep. Brian S. King

                                                            Rep. Curtis Oda

                                                            Rep. V. Lowry Snow

                                                            Rep. Kevin J. Stratton

                                                            Rep. Mark A. Wheatley

Staff Present:                                    Mr. Gregg Girvan, Policy AnalystMs. Linda Black, Committee Secretary

NOTE:   A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Christensen called the meeting to order at 8:10 a.m.

MOTION:     Rep. Cutler moved to approve the minutes of February 20, 2015, February 23, 2015, and February 25, 2015. The motion passed unanimously with Rep. Hall absent for the vote.

S.B. 191          Uniform Interstate Family Support Act Amendments (Sen. L. Hillyard)

Sen. Hillyard explained the bill to the committee.

MOTION:     Rep. Cox moved pass the bill out favorably. The motion passed unanimously with Rep. Hall and Rep. King absent for the vote.

MOTION:     Rep. Snow moved to place S.B. 191 on the Consent Calendar. The motion passed unanimously with Rep. Hall and Rep. King absent for the vote.

Vice Chair Nelson assumed the chair.

H.B. 356         Parent and Child Amendments (Rep. L. Christensen)

Rep. Christensen explained 1st Substitute H.B. 356 to the committee.

Spoke to the bill:         Brent Platt, Division of Child and Family Services

Pamela Atkinson, Community Advocate

Liz Knight, Office of the Guardian ad Litem

Spoke for the bill:                   Connor Boyack, Libertas Institute

Gayle Ruzika, Utah Eagle Forum

Desiree Hennessy, foster parent

Spoke against the bill:            Dr. Brooke Keeshin, child abuse pediatrician

MOTION:     Rep. King moved to hold the bill.

SUBSTITUTE

MOTION:     Rep. Christensen moved to replace H.B. 356 with 1st Substitute H.B. 356, and with the following amendments:

1.    Page 4, Lines 104 through 112:      

104 (7) (a) The division shall strive to achieve appropriate permanency for children who are

105abused, neglected, or dependent. The division shall provide in-home services, where

106appropriate and safe, in an effort to help a parent to correct the behavior that resulted in abuse,

107neglect, or dependency of the parent's child. [If] The division may pursue a foster placement

108only if in-home services fail or are otherwise insufficient or inappropriate[, the]. The division

109shall also seek qualified extended family support or a kinship placement to maintain a sense of

110security and stability for the child. If in-home services and kinship placement are not safe or

111appropriate, or in-home services and kinship placement fail and cannot be corrected {  [  } , the

112division may pursue {  ]  }  appropriate alternative temporary services  [a foster placement].

2.    Page 20, Lines 602 through 607:    

602 (3) If the second opinion results in a diagnosis different from the report of the

603physician the division used, or if the second opinion results in a course of action less restrictive

604than the recommendation of the physician the division used, the parent or guardian shall have

605the option of  promptly  pursuing care and treatment pursuant to the second opinion, unless the division

606shows, by clear and convincing evidence, that the health care decision is not reasonable and

607informed.

The motion passed unanimously with Rep. Stratton absent for the vote.

MOTION:     Rep. Cox moved to hold the bill. The motion passed with Rep. Christensen, Rep. Greene and Rep. Oda voting in opposition. Rep. Stratton was absent for the vote.

2nd Sub. H.B. 109     Expungement of Administrative Action (Rep. B. Greene)

Rep. Greene requested the committee to reconsider the bill.

MOTION:     Rep Greene moved to return 2nd Substitute H.B. 109 to the Rules Committee and be referred to interim for further study. The motion passed unanimously with Rep. Stratton absent for the vote.

MOTION:     Rep. Cutler moved to adjourn the meeting. The motion passed unanimously with Rep. Stratton absent for the vote.

Vice Chair Nelson adjourned the meeting at 9:56 a.m

                                                                                                           ___________________________________

LaVar Christensen, Chair