2
3
4
5
6 Cosponsors:
7 Patrice M. Arent
8 Melissa G. Ballard
9 Joel K. Briscoe
10 Jennifer Dailey-Provost
11 Brad M. Daw
12 Susan Duckworth
13 Craig Hall
14 Stephen G. Handy
15 Suzanne Harrison
Sandra Hollins
Marsha Judkins
Brian S. King
Karen Kwan
Carol Spackman Moss
Derrin R. Owens
Stephanie Pitcher
Val K. Potter
Marie H. Poulson
Susan Pulsipher
Paul Ray
Angela Romero
Lawanna Shurtliff
Andrew Stoddard
Christine F. Watkins
Mark A. Wheatley
Logan Wilde
16
17 LONG TITLE
18 General Description:
19 This bill relates to a homeless youth's ability to consent to temporary shelter, care, or
20 services.
21 Highlighted Provisions:
22 This bill:
23 ▸ defines terms;
24 ▸ waives the fee for a certified copy of a birth certificate and an identification card for
25 a youth who can show that the youth is homeless;
26 ▸ modifies the circumstances under which a person who provides temporary shelter to
27 a homeless youth is subject to a criminal penalty;
28 ▸ provides that a homeless youth may consent to temporary shelter, care, or services
29 under certain circumstances;
30 ▸ requires a person who provides temporary shelter, care, or services, to a consenting
31 homeless youth to keep certain records and report to the Division of Child and
32 Family Services; and
33 ▸ makes technical changes.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 26-2-12.6, as enacted by Laws of Utah 2018, Chapter 301
41 53-3-105, as last amended by Laws of Utah 2018, Chapters 301 and 417
42 62A-4a-501, as last amended by Laws of Utah 2018, Chapter 235
43 ENACTS:
44 62A-4a-502, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 26-2-12.6 is amended to read:
48 26-2-12.6. Fee waived for certified copy of birth certificate.
49 (1) Notwithstanding Section 26-1-6 and Section 26-2-12.5, the department shall waive
50 a fee that would otherwise be charged for a certified copy of a birth certificate, if the individual
51 whose birth is confirmed by the birth certificate is:
52 (a) the individual requesting the certified copy of the birth certificate; and
53 (b) (i) homeless, as defined in Section 26-18-411;
54 (ii) a person who is homeless, as defined in Section 35A-5-302; [
55 (iii) an individual whose primary nighttime residence is a location that is not designed
56 for or ordinarily used as a sleeping accommodation for an individual[
57 (iv) a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a.
58 (2) To satisfy the requirement in Subsection (1)(b), the department shall accept written
59 verification that the individual is homeless or a person, child, or youth who is homeless from:
60 (a) a homeless shelter, as defined in Section 10-9a-526;
61 (b) a permanent housing, permanent, supportive, or transitional facility, as defined in
62 Section 35A-5-302;
63 (c) the Department of Workforce Services; [
64 (d) a facility that serves an individual described in Subsection (1)(b) and maintains data
65 on an individual described in Subsection (1)(b) through the Homeless Management
66 Information System[
67 (e) a local educational agency liaison for homeless children and youth designated under
68 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
69 Section 2. Section 53-3-105 is amended to read:
70 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
71 and identification cards.
72 The following fees apply under this chapter:
73 (1) An original class D license application under Section 53-3-205 is $32.
74 (2) An original provisional license application for a class D license under Section
75 53-3-205 is $39.
76 (3) An original application for a motorcycle endorsement under Section 53-3-205 is
77 $11.
78 (4) An original application for a taxicab endorsement under Section 53-3-205 is $9.
79 (5) A learner permit application under Section 53-3-210.5 is $19.
80 (6) A renewal of a class D license under Section 53-3-214 is $32 unless Subsection
81 (10) applies.
82 (7) A renewal of a provisional license application for a class D license under Section
83 53-3-214 is $32.
84 (8) A renewal of a motorcycle endorsement under Section 53-3-214 is $11.
85 (9) A renewal of a taxicab endorsement under Section 53-3-214 is $9.
86 (10) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
87 $17.
88 (11) An extension of a class D license under Section 53-3-214 is $26 unless Subsection
89 (15) applies.
90 (12) An extension of a provisional license application for a class D license under
91 Section 53-3-214 is $26.
92 (13) An extension of a motorcycle endorsement under Section 53-3-214 is $11.
93 (14) An extension of a taxicab endorsement under Section 53-3-214 is $9.
94 (15) An extension of a class D license for a person 65 and older under Section
95 53-3-214 is $14.
96 (16) An original or renewal application for a commercial class A, B, or C license or an
97 original or renewal of a provisional commercial class A or B license under Part 4, Uniform
98 Commercial Driver License Act, is $52.
99 (17) A commercial class A, B, or C license skills test is $78.
100 (18) Each original CDL endorsement for passengers, hazardous material, double or
101 triple trailers, or tankers is $9.
102 (19) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
103 Driver License Act, is $9.
104 (20) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
105 License Act, is $9.
106 (21) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $26.
107 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $52.
108 (22) A retake of a CDL endorsement test provided for in Section 53-3-205 is $9.
109 (23) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $23.
110 (24) (a) A license reinstatement application under Section 53-3-205 is $40.
111 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
112 combination of alcohol and any drug-related offense is $45 in addition to the fee under
113 Subsection (24)(a).
114 (25) (a) An administrative fee for license reinstatement after an alcohol, drug, or
115 combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
116 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
117 Part 4, Uniform Commercial Driver License Act, is $255.
118 (b) This administrative fee is in addition to the fees under Subsection (24).
119 (26) (a) An administrative fee for providing the driving record of a driver under
120 Section 53-3-104 or 53-3-420 is $8.
121 (b) The division may not charge for a report furnished under Section 53-3-104 to a
122 municipal, county, state, or federal agency.
123 (27) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
124 (28) (a) Except as provided under Subsections (28)(b) and (c), an identification card
125 application under Section 53-3-808 is $23.
126 (b) An identification card application under Section 53-3-808 for a person with a
127 disability, as defined in 42 U.S.C. Sec. 12102, is $17.
128 (c) A fee may not be charged for an identification card application if the individual
129 applying:
130 (i) (A) has not been issued a Utah driver license;
131 (B) is indigent; and
132 (C) is at least 18 years of age; or
133 (ii) submits written verification that the individual is homeless, as defined in Section
134 26-18-411, [
135 who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
136 (A) a homeless shelter, as defined in Section 10-9a-526;
137 (B) a permanent housing, permanent, supportive, or transitional facility, as defined in
138 Section 35A-5-302; [
139 (C) the Department of Workforce Services[
140 (D) a local educational agency liaison for homeless children and youth designated
141 under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
142 (29) (a) An extension of a regular identification card under Subsection 53-3-807(5) for
143 a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
144 (b) The fee described in Subsection (29)(a) shall be waived if the applicant submits
145 written verification that the individual is homeless, as defined in Section 26-18-411, or a
146 person who is homeless, as defined in Section 35A-5-302, or a child or youth who is homeless,
147 as defined in 42 U.S.C. Sec. 11434a(2), from:
148 (i) a homeless shelter, as defined in Section 10-9a-526;
149 (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
150 Section 35A-5-302; [
151 (iii) the Department of Workforce Services[
152 (iv) a local educational agency liaison for homeless children and youth designated
153 under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
154 (30) (a) An extension of a regular identification card under Subsection 53-3-807(6) is
155 $23.
156 (b) The fee described in Subsection (30)(a) shall be waived if the applicant submits
157 written verification that the individual is homeless, as defined in Section 26-18-411, or a
158 person who is homeless, as defined in Section 35A-5-302, from:
159 (i) a homeless shelter, as defined in Section 10-9a-526;
160 (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
161 Section 35A-5-302; or
162 (iii) the Department of Workforce Services.
163 (31) In addition to any license application fees collected under this chapter, the division
164 shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the
165 fees that the Bureau of Criminal Identification is authorized to collect for the services the
166 Bureau of Criminal Identification provides under Section 53-3-205.5.
167 (32) An original mobility vehicle permit application under Section 41-6a-1118 is $30.
168 (33) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $30.
169 (34) A duplicate mobility vehicle permit under Section 41-6a-1118 is $12.
170 Section 3. Section 62A-4a-501 is amended to read:
171 62A-4a-501. Harboring a runaway -- Reporting requirements -- Division to
172 provide assistance -- Affirmative defense -- Providing shelter after notice.
173 (1) As used in this section:
174 (a) "Harbor" means to provide shelter in:
175 (i) the home of the person who is providing the shelter; or
176 (ii) any structure over which the person providing the shelter has any control.
177 (b) "Homeless youth" means a child, other than an emancipated minor:
178 (i) who is a runaway; or
179 (ii) who is not accompanied by the child's parent or legal guardian.
180 [
181 62A-7-101.
182 [
183 from the home or lawfully prescribed residence of the child's parent or legal guardian [
184
185 [
186 (i) provides temporary shelter to a [
187 (ii) is licensed by the Office of Licensing, created in Section 62A-1-105, as a
188 residential support program.
189 [
190 the Division of Juvenile Justice Services, created in Section 62A-1-105, to provide youth
191 services, as defined in Section 62A-7-101.
192 (2) Except as provided in Subsection (3), a person, including a temporary homeless
193 youth shelter, is guilty of a class B misdemeanor if the person:
194 (a) knowingly and intentionally harbors a child;
195 (b) knows at the time of harboring the child that the child is a runaway;
196 (c) fails to notify one of the following, by telephone or other reasonable means, of the
197 location of the child:
198 (i) the parent or legal guardian of the child;
199 (ii) the division; or
200 (iii) a youth services center; and
201 (d) fails to notify a person described in Subsection (2)(c) within eight hours after the
202 later of:
203 (i) the time that the person becomes aware that the child is a runaway; or
204 (ii) the time that the person begins harboring the child.
205 (3) A person described in Subsection (2), including a temporary homeless youth
206 shelter, is not guilty of a violation of Subsection (2) and is not required to comply with
207 Subsections (2)(c) and (d), if:
208 (a) (i) a court order is issued authorizing a peace officer to take the child into custody;
209 and
210 [
211 Section 62A-7-101, by telephone or other reasonable means, of the location of the child, within
212 eight hours after the later of:
213 [
214 [
215 (b) (i) the child is a runaway who consents to shelter, care, or licensed services under
216 Section 62A-4a-502; and
217 (ii) (A) the person is unable to locate the child's parent or legal guardian; or
218 (B) the child refuses to disclose the contact information for the child's parent or legal
219 guardian.
220 (4) A person described in Subsection (2), including a temporary homeless youth
221 shelter, shall provide a report to the division:
222 (a) if the person has an obligation under Section 62A-4a-403 to report child abuse or
223 neglect; or
224 (b) if, within 48 hours after the person begins harboring the child:
225 (i) the person continues to harbor the child; and
226 (ii) the person does not make direct contact with:
227 (A) a parent or legal guardian of the child;
228 (B) the division;
229 (C) a youth services center; or
230 (D) a peace officer or the nearest detention center, as defined in Section 62A-7-101, if
231 a court order is issued authorizing a peace officer to take the [
232 (5) It is an affirmative defense to the crime described in Subsection (2) that:
233 (a) the person failed to provide notice as described in Subsection (2) or (3) due to
234 circumstances beyond the control of the person providing the shelter; and
235 (b) the person provided the notice described in Subsection (2) or (3) as soon as it was
236 reasonably practicable to provide the notice.
237 (6) Upon receipt of a report that a runaway is being harbored by a person:
238 (a) a youth services center shall:
239 (i) notify the parent or legal guardian that a report has been made; and
240 (ii) inform the parent or legal guardian of assistance available from the youth services
241 center; or
242 (b) the division shall:
243 (i) determine whether the runaway is abused, neglected, or dependent; and
244 (ii) if appropriate, make a referral for services for the runaway.
245 (7) (a) A parent or legal guardian of a runaway who is aware that the runaway is being
246 harbored may notify a law enforcement agency and request assistance in retrieving the
247 runaway.
248 (b) The local law enforcement agency may assist the parent or legal guardian in
249 retrieving the runaway.
250 (8) Nothing in this section prohibits a person, including a temporary homeless youth
251 shelter, from continuing to provide shelter to a runaway, after giving the notice described in
252 Subsections (2) through (4), if:
253 (a) a parent or legal guardian of the child consents to the continued provision of
254 shelter; or
255 (b) a peace officer or a parent or legal guardian of the child fails to retrieve the
256 runaway.
257 (9) Nothing in this section prohibits a person or a temporary homeless youth shelter
258 from providing shelter to a child whose [
259 intentionally:
260 (a) ceased to maintain physical custody of the child; and
261 (b) failed to make reasonable arrangements for the safety, care, and physical custody of
262 the child[
263 [
264 (10) Nothing in this section prohibits:
265 (a) a receiving center or a youth services center from providing shelter to a runaway in
266 accordance with the requirements of Title 62A, Chapter 7, Juvenile Justice Services, and the
267 rules relating to a receiving center or a youth services center; or
268 (b) a government agency from taking custody of a child as otherwise provided by law.
269 Section 4. Section 62A-4a-502 is enacted to read:
270 62A-4a-502. Consent to shelter, care, or services by a child.
271 (1) As used in this section:
272 (a) "Care" means providing:
273 (i) assistance to obtain food, clothing, hygiene products, or other basic necessities;
274 (ii) access to a bed, showering facility, or transportation; or
275 (iii) assistance with school enrollment or attendance.
276 (b) "Homeless youth" means the same as that term is defined in Section 62A-4a-501.
277 (c) "Licensed services" means a service provided by a temporary homeless youth
278 shelter, a youth services center, or other facility that is licensed to provide the service to a
279 homeless youth.
280 (d) "Service" means:
281 (i) youth services, as defined in Section 62A-7-101;
282 (ii) child welfare or juvenile court case management or advocacy;
283 (iii) aftercare services, as defined in 45 C.F.R. 1351.1; or
284 (iv) independent living skills training.
285 (e) "Temporary homeless youth shelter" means the same as that term is defined in
286 Section 62A-4a-501.
287 (f) "Youth services center" means the same as that term is defined in Section
288 62A-4a-501.
289 (2) A homeless youth may consent to temporary shelter, care, or licensed services if the
290 homeless youth:
291 (a) is at least 15 years old; and
292 (b) manages the homeless youth's own financial affairs, regardless of the source of
293 income.
294 (3) In determining consent under Subsection (2), a person may rely on the homeless
295 youth's verbal or written statement describing the homeless youth's ability to consent to
296 temporary shelter, care, or licensed services.
297 (4) A person who provides shelter, care, or licensed services to a homeless youth who
298 consents to the shelter, care, or licensed services under Subsection (2):
299 (a) shall report to the division as required under Section 62A-4a-403 and Subsection
300 62A-4a-501(4); and
301 (b) may provide the homeless youth a referral to safe permanent housing, employment
302 services, medical or dental care, or counseling.