7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the Children's Justice Center Program.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions;
13 ▸ modifies the attorney general's and Children's Justice Centers' requirements in
14 operating the Children's Justice Center Program;
15 ▸ clarifies how appropriations may be spent;
16 ▸ modifies membership of a Children's Justice Center's local advisory board;
17 ▸ modifies membership of the Advisory Board on Children's Justice; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 67-5b-101, as last amended by Laws of Utah 2011, Chapter 129
26 67-5b-102, as last amended by Laws of Utah 2015, Chapter 334
27 67-5b-103, as last amended by Laws of Utah 2011, Chapter 129
28 67-5b-104, as repealed and reenacted by Laws of Utah 2011, Chapter 129
29 67-5b-105, as last amended by Laws of Utah 2011, Chapter 129
30 67-5b-106, as last amended by Laws of Utah 2009, Chapter 255
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 67-5b-101 is amended to read:
34 67-5b-101. Definitions.
35 As used in this part:
41 Section 67-5b-102.
42 (2) "Child abuse case" means a juvenile, civil, or criminal case involving a child abuse
44 (3) "Child abuse victim" means a child 17 years of age or younger who is:
45 (a) a victim of:
46 (i) sexual abuse; or
47 (ii) physical abuse; or
48 (b) a victim or a critical witness in any criminal case, such as a child endangerment
49 case described in Section 76-5-112.5.
51 more public agencies as agreed in [
52 accordance with Section 67-5b-104.
54 Division of Child and Family Services, the Division of Juvenile Justice Services, the
55 Department of Corrections, the juvenile court, [
56 (6) "Satellite office" means a child-friendly facility supervised by a Children's Justice
57 Center established in accordance with Section 67-5b-102.
59 pay or other compensation except expenses actually and reasonably incurred as approved by the
60 supervising agency.
61 (b) "Volunteer" does not include [
62 subjects research [
63 Section 67-20-2.
64 Section 2. Section 67-5b-102 is amended to read:
65 67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of
67 (1) (a) There is established a program, known as the Children's Justice Center Program,
68 that provides a comprehensive, multidisciplinary, [
72 (b) The attorney general shall administer the program.
73 (c) The attorney general shall:
74 (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103;
75 (ii) administer applications for state and federal grants and subgrants;
76 (iii) staff the Advisory Board on Children's Justice;
77 (iv) assist in the development of new centers; [
78 (v) coordinate services between centers[
79 (vi) contract with counties and other entities for the provision of services;
80 (vii) provide training, technical assistance, and evaluation to centers; and
81 (viii) provide other services to comply with established minimum practice standards as
82 required to maintain the state's and centers' eligibility for grants and subgrants.
83 (2) (a) The attorney general shall establish Children's Justice Centers [
84 offices, or multidisciplinary teams in Beaver County, Box Elder County, Cache County,
85 Carbon County, Davis County, Duchesne County, Emery County, Grand County, Iron County,
86 Kane County, Salt Lake County, San Juan County, Sanpete County, Sevier County, Summit
87 County, Tooele County, Uintah County, Utah County, Wasatch County, Washington County,
88 and Weber County.
89 (b) The attorney general may establish other centers, satellites, or multidisciplinary
90 teams within a county and in other counties of the state.
91 (3) The attorney general and each center shall [
98 (a) coordinate the activities of the public agencies involved in the investigation and
99 prosecution of child abuse cases and the delivery of services to child abuse victims and child
100 abuse victims' families;
101 (b) provide a neutral, child-friendly program, where interviews are conducted and
102 services are provided to facilitate the effective and appropriate disposition of child abuse cases
103 in juvenile, civil, and criminal court proceedings;
104 (c) facilitate a process for interviews of child abuse victims to be conducted in a
105 professional and neutral manner;
106 (d) [
107 effectively in [
110 (e) maintain a multidisciplinary team that includes representatives of public agencies
111 involved in the investigation and prosecution of child abuse cases and in the delivery of
112 services to child abuse victims and child abuse victims' families;
113 (f) hold regularly scheduled case reviews with the multidisciplinary team;
114 (g) coordinate and track:
126 (h) maintain a working protocol that addresses the center's procedures for conducting
127 forensic interviews and case reviews, and for ensuring a child abuse victim's access to medical
128 and mental health services;
129 (i) maintain a system to track the status of cases and the provision of services to child
130 abuse victims and child abuse victims' families;
131 (j) provide training for professionals involved in the investigation and prosecution of
132 child abuse cases and in the provision of related treatment and services;
133 (k) enhance community understanding of child abuse cases; and
135 thorough and effective investigation of child abuse cases[
138 (4) To assist a center in fulfilling the requirements and statewide purposes as provided
139 in Subsection (3), each center may obtain access to any relevant juvenile court legal records
140 and adult court legal records, unless sealed by the court.
146 Section 3. Section 67-5b-103 is amended to read:
147 67-5b-103. Appropriation and funding.
148 (1) Funding for centers under this section is intended to be broad-based, provided by a
149 line item appropriation by the Legislature to the attorney general, and is intended to include
150 federal grant money, local government money, and private donations.
151 (2) The money appropriated shall be used to contract with [
154 Section 67-5b-102.
155 (3) The money appropriated may be used by the program to provide resources and
156 contract as needed to support the development of the program and the implementation of
157 evidence-based practices and requirements.
158 Section 4. Section 67-5b-104 is amended to read:
159 67-5b-104. Requirements of a memorandum of understanding.
160 (1) Before a center may be established, a memorandum of understanding regarding
161 participation in operation of the center shall be executed among:
162 (a) the contracting [
163 accountability of the center, including the budget, costs, personnel, and management pursuant
164 to Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
165 Organizations, and Other Local Entities Act;
166 (b) the Office of the Attorney General;
167 (c) at least one representative of a county or municipal law enforcement agency that
168 investigates child abuse in the area to be served by the center;
169 (d) the division of Child and Family Services;
170 (e) the county or district attorney who routinely prosecutes child abuse cases in the area
171 to be served by the center; and
172 (f) at least one representative of any other governmental entity that participates in child
173 abuse investigations or offers services to child abuse victims that desires to participate in the
174 operation of the center.
175 (2) A memorandum of understanding executed under this section shall include the
176 agreement of each [
177 Subsection (1) to cooperate in:
178 (a) developing a comprehensive and cooperative multidisciplinary team approach to
179 investigating child abuse;
180 (b) reducing, to the greatest extent possible, the number of interviews required of a
181 victim of child abuse to minimize the negative impact of the investigation on the child; and
182 (c) developing, maintaining, and supporting, through the center, an environment that
183 emphasizes the best interests of children.
184 Section 5. Section 67-5b-105 is amended to read:
185 67-5b-105. Local advisory boards -- Membership.
186 (1) The cooperating public agencies and other persons shall make up each center's local
187 advisory board, which shall be composed of the following people from the county or area:
188 (a) the local center director or the director's designee;
189 (b) a district attorney or county attorney having criminal jurisdiction or any designee;
190 (c) a representative of the attorney general's office, designated by the attorney general;
192 (d) at least one official from a local law enforcement agency or the local law
193 enforcement agency's designee;
194 (e) the county executive or the county executive's designee;
195 (f) a licensed nurse practitioner or physician;
196 (g) a licensed mental health professional;
197 (h) a criminal defense attorney;
198 (i) at least four members of the community at large provided, however, that the [
200 not less than two, if the local advisory board so requests;
201 (j) a guardian ad litem or representative of the Office of Guardian Ad Litem,
202 designated by the director; [
203 (k) a representative of the Division of Child and Family Services within the
204 Department of Human Services, designated by the employee of the division who has
205 supervisory responsibility for the county served by the center[
206 (l) if a center serves more than one county, one representative from each county served,
207 appointed by the county executive; and
208 (m) additional members appointed as needed by the county executive.
209 (2) The members on each local advisory board who serve due to public office as
210 provided in Subsections (1)(b) through (e) shall select the remaining members. The members
211 on each local advisory board shall select a chair of the local advisory board.
212 (3) The local advisory board may not supersede the authority of the contracting [
214 (4) Appointees and designees shall serve a term or terms as designated in the bylaws of
215 the local advisory board.
216 Section 6. Section 67-5b-106 is amended to read:
217 67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms --
218 Duties -- Authority.
219 (1) The attorney general shall create an Advisory Board on Children's Justice to advise
220 him about the Children's Justice Center Program.
221 (2) The board shall be composed of:
222 (a) the director of each Children's Justice Center;
223 (b) the attorney general or the attorney general's designee;
224 (c) a representative of the Utah Sheriffs Association, appointed by the attorney general;
225 (d) a chief of police, appointed by the attorney general;
226 (e) one juvenile court judge and one district court judge, appointed by the chief justice
227 of the Supreme Court;
228 (f) one representative of the [
229 representative of the Court Appointed Special Advocates, appointed by the chief justice of the
230 Supreme Court;
231 (g) a designated representative of the Division of Child and Family Services within the
232 Department of Human Services, appointed by the director of that division;
233 (h) a licensed mental health professional, appointed by the attorney general;
234 (i) a person experienced in working with children with disabilities, appointed by the
235 attorney general;
236 (j) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
237 appointed by the Utah Bar Commission;
238 (k) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
239 appointed by the Utah Prosecution Council;
240 (l) a member of the governor's staff, appointed by the governor;
241 (m) a member from the public, appointed by the attorney general, who exhibits
242 sensitivity to the concerns of parents;
243 (n) a licensed nurse practitioner or physician, appointed by the attorney general; [
244 (o) one senator, appointed by the president of the Senate;
245 (p) one representative, appointed by the speaker of the House; and
247 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
248 expire, the appointing authority shall appoint each new member or reappointed member to a
249 four-year term.
250 (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority
251 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
252 terms of board members are staggered so that approximately half of the board is appointed
253 every two years.
254 (4) The Advisory Board on Children's Justice shall:
255 (a) coordinate and support the statewide purpose of the program;
256 (b) recommend statewide guidelines for the administration of the program;
257 (c) recommend training and improvements in training;
258 (d) review, evaluate, and make recommendations concerning state investigative,
259 administrative, and judicial handling in [
262 (e) recommend programs to improve the prompt and fair resolution of civil and
263 criminal court proceedings; and
264 (f) recommend changes to state laws and procedures to provide comprehensive
265 protection for children from abuse, child sexual abuse, neglect, and other crimes involving
266 children where the child is a primary victim or a critical witness, such as in drug-related child
267 endangerment cases.
268 (5) The Advisory Board on Children's Justice may not supersede the authority of
269 contracting [
270 the budget, costs, personnel, and management pursuant to Section 67-5b-104 and Title 51,
271 Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
272 Other Local Entities Act.
Legislative Review Note
Office of Legislative Research and General Counsel