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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to child welfare.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions;
13 ▸ modifies provisions relating to a background check of an individual working in a
14 congregate care program that serves children;
15 ▸ deletes provisions requiring the Division of Child and Family Services to conduct
16 certain assessments for in-home family services;
17 ▸ modifies provisions relating to the circumstances under which the attorney general
18 is required to represent the Division of Child and Family Services;
19 ▸ deletes provisions requiring the Division of Child and Family Services to provide
20 certain services to a delinquent, ungovernable, or runaway child;
21 ▸ requires the Division of Juvenile Justice Services to, upon court order, conduct an
22 assessment to determine whether provision of certain youth services to an
23 ungovernable or runaway child is appropriate;
24 ▸ modifies provisions relating to the juvenile court's jurisdiction over an ungovernable
25 or runaway child;
26 ▸ modifies the circumstances under which a child may be temporarily detained;
27 ▸ requires the Division of Child and Family Services to report to the Social Services
28 Appropriations Subcommittee regarding reimbursement rates for foster parents;
29 ▸ modifies the circumstances under which the Department of Human Services is
30 required to investigate reports of abuse or neglect;
31 ▸ modifies provisions relating to the order of priority, qualifications, and
32 considerations that apply to individuals with whom a child may be placed in an
33 emergency placement, foster placement, or adoptive placement;
34 ▸ clarifies provisions relating to who may file a legal action to prevent a person from
35 engaging in child placing without a license;
36 ▸ modifies notice requirements relating to certain information electronically filed with
37 the court in an abuse, neglect, or dependency proceeding;
38 ▸ clarifies the circumstances under which the court is required to review a placement
39 decision for a child in a qualified residential treatment program; and
40 ▸ makes technical changes.
41 Money Appropriated in this Bill:
42 None
43 Other Special Clauses:
44 None
45 Utah Code Sections Affected:
46 AMENDS:
47 62A-2-120, as last amended by Laws of Utah 2019, Chapter 335
48 62A-4a-105, as last amended by Laws of Utah 2018, Chapter 281
49 62A-4a-113, as last amended by Laws of Utah 2018, Chapter 359
50 62A-4a-202, as last amended by Laws of Utah 2017, Chapter 330
51 62A-4a-202.6, as last amended by Laws of Utah 2019, Chapters 139 and 335
52 62A-4a-209, as last amended by Laws of Utah 2018, Chapters 235 and 285
53 62A-4a-602, as last amended by Laws of Utah 2019, Chapters 335 and 354
54 62A-4a-603, as last amended by Laws of Utah 2019, Chapter 354
55 78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
56 78A-6-113, as last amended by Laws of Utah 2018, Chapter 285
57 78A-6-115, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
58 78A-6-117.5, as last amended by Laws of Utah 2019, Chapter 162
59 78A-6-307, as last amended by Laws of Utah 2019, Chapter 71
60 78A-6-311.5, as enacted by Laws of Utah 2019, Chapter 335
61 78B-6-117, as last amended by Laws of Utah 2019, Chapter 335
62 REPEALS:
63 62A-4a-250, as last amended by Laws of Utah 2017, Chapter 330
64 78A-6-401, as last amended by Laws of Utah 2017, Chapter 330
65
66 Be it enacted by the Legislature of the state of Utah:
67 Section 1. Section 62A-2-120 is amended to read:
68 62A-2-120. Background check -- Direct access to children or vulnerable adults.
69 (1) As used in this section:
70 (a) (i) "Applicant" means:
71 (A) the same as that term is defined in Section 62A-2-101;
72 (B) an individual who is associated with a licensee and has or will likely have direct
73 access to a child or a vulnerable adult;
74 (C) an individual who provides respite care to a foster parent or an adoptive parent on
75 more than one occasion;
76 (D) a department contractor;
77 (E) a guardian submitting an application on behalf of an individual, other than the child
78 or vulnerable adult who is receiving the service, if the individual is 12 years of age or older and
79 resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
80 who is receiving services; or
81 (F) a guardian submitting an application on behalf of an individual, other than the child
82 or vulnerable adult who is receiving the service, if the individual is 12 years of age or older and
83 is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
84 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
85 of the Division of Child and Family Services or the Division of Juvenile Justice Services.
86 (b) "Application" means a background screening application to the office.
87 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
88 Public Safety, created in Section 53-10-201.
89 (d) "Incidental care" means occasional care, not in excess of five hours per week and
90 never overnight, for a foster child.
91 (e) "Personal identifying information" means:
92 (i) current name, former names, nicknames, and aliases;
93 (ii) date of birth;
94 (iii) physical address and email address;
95 (iv) telephone number;
96 (v) driver license or other government-issued identification;
97 (vi) social security number;
98 (vii) only for applicants who are 18 years of age or older, fingerprints, in a form
99 specified by the office; and
100 (viii) other information specified by the office by rule made in accordance with Title
101 63G, Chapter 3, Utah Administrative Rulemaking Act.
102 (2) (a) Except as provided in Subsection (13), an applicant shall submit the following
103 to the office:
104 (i) personal identifying information;
105 (ii) a fee established by the office under Section 63J-1-504; and
106 (iii) a form, specified by the office, for consent for:
107 (A) an initial background check upon submission of the information described under
108 this Subsection (2)(a);
109 (B) a background check at the applicant's annual renewal;
110 (C) a background check when the office determines that reasonable cause exists; and
111 (D) retention of personal identifying information, including fingerprints, for
112 monitoring and notification as described in Subsections (3)(d) and (4).
113 (b) In addition to the requirements described in Subsection (2)(a), if an applicant spent
114 time outside of the United States and its territories during the five years immediately preceding
115 the day on which the information described in Subsection (2)(a) is submitted to the office, the
116 office may require the applicant to submit documentation establishing whether the applicant
117 was convicted of a crime during the time that the applicant spent outside of the United States or
118 its territories.
119 (3) The office:
120 (a) shall perform the following duties as part of a background check of an applicant:
121 (i) check state and regional criminal background databases for the applicant's criminal
122 history by:
123 (A) submitting personal identifying information to the bureau for a search; or
124 (B) using the applicant's personal identifying information to search state and regional
125 criminal background databases as authorized under Section 53-10-108;
126 (ii) submit the applicant's personal identifying information and fingerprints to the
127 bureau for a criminal history search of applicable national criminal background databases;
128 (iii) search the Department of Human Services, Division of Child and Family Services'
129 Licensing Information System described in Section 62A-4a-1006;
130 (iv) search the Department of Human Services, Division of Aging and Adult Services'
131 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
132 (v) search the juvenile court records for substantiated findings of severe child abuse or
133 neglect described in Section 78A-6-323; and
134 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
135 under Section 78A-6-209;
136 (b) shall conduct a background check of an applicant for an initial background check
137 upon submission of the information described under Subsection (2)(a);
138 (c) may conduct all or portions of a background check of an applicant, as provided by
139 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
140 Rulemaking Act:
141 (i) for an annual renewal; or
142 (ii) when the office determines that reasonable cause exists;
143 (d) may submit an applicant's personal identifying information, including fingerprints,
144 to the bureau for checking, retaining, and monitoring of state and national criminal background
145 databases and for notifying the office of new criminal activity associated with the applicant;
146 (e) shall track the status of an approved applicant under this section to ensure that an
147 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
148 the applicant applies for:
149 (i) more than one license;
150 (ii) direct access to a child or a vulnerable adult in more than one human services
151 program; or
152 (iii) direct access to a child or a vulnerable adult under a contract with the department;
153 (f) shall track the status of each license and each individual with direct access to a child
154 or a vulnerable adult and notify the bureau when the license has expired or the individual's
155 direct access to a child or a vulnerable adult has ceased;
156 (g) shall adopt measures to strictly limit access to personal identifying information
157 solely to the office employees responsible for processing the applications for background
158 checks and to protect the security of the personal identifying information the office reviews
159 under this Subsection (3);
160 (h) as necessary to comply with the federal requirement to check a state's child abuse
161 and neglect registry regarding any individual working in a [
162 congregate care setting that serves children, shall:
163 (i) search the Department of Human Services, Division of Child and Family Services'
164 Licensing Information System described in Section 62A-4a-1006; and
165 (ii) require the child abuse and neglect registry be checked in each state where an
166 applicant resided at any time during the five years immediately preceding the day on which the
167 applicant submits the information described in Subsection (2)(a) to the office; and
168 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
169 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
170 checks.
171 (4) (a) With the personal identifying information the office submits to the bureau under
172 Subsection (3), the bureau shall check against state and regional criminal background databases
173 for the applicant's criminal history.
174 (b) With the personal identifying information and fingerprints the office submits to the
175 bureau under Subsection (3), the bureau shall check against national criminal background
176 databases for the applicant's criminal history.
177 (c) Upon direction from the office, and with the personal identifying information and
178 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
179 (i) maintain a separate file of the fingerprints for search by future submissions to the
180 local and regional criminal records databases, including latent prints; and
181 (ii) monitor state and regional criminal background databases and identify criminal
182 activity associated with the applicant.
183 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
184 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
185 Investigation Next Generation Identification System for the purpose of:
186 (i) being searched by future submissions to the national criminal records databases,
187 including the Federal Bureau of Investigation Next Generation Identification System and latent
188 prints; and
189 (ii) monitoring national criminal background databases and identifying criminal
190 activity associated with the applicant.
191 (e) The Bureau shall notify and release to the office all information of criminal activity
192 associated with the applicant.
193 (f) Upon notice from the office that a license has expired or an individual's direct
194 access to a child or a vulnerable adult has ceased, the bureau shall:
195 (i) discard and destroy any retained fingerprints; and
196 (ii) notify the Federal Bureau of Investigation when the license has expired or an
197 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
198 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
199 Investigation Next Generation Identification System.
200 (5) (a) After conducting the background check described in Subsections (3) and (4), the
201 office shall deny an application to an applicant who, within three years before the day on which
202 the applicant submits information to the office under Subsection (2) for a background check,
203 has been convicted of any of the following, regardless of whether the offense is a felony, a
204 misdemeanor, or an infraction:
205 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
206 animals, or bestiality;
207 (ii) a violation of any pornography law, including sexual exploitation of a minor;
208 (iii) prostitution;
209 (iv) an offense included in:
210 (A) Title 76, Chapter 5, Offenses Against the Person;
211 (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
212 (C) Title 76, Chapter 7, Offenses Against the Family;
213 (v) aggravated arson, as described in Section 76-6-103;
214 (vi) aggravated burglary, as described in Section 76-6-203;
215 (vii) aggravated robbery, as described in Section 76-6-302;
216 (viii) identity fraud crime, as described in Section 76-6-1102; or
217 (ix) a conviction for a felony or misdemeanor offense committed outside of the state
218 that, if committed in the state, would constitute a violation of an offense described in
219 Subsections (5)(a)(i) through (viii).
220 (b) If the office denies an application to an applicant based on a conviction described in
221 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
222 Subsection (6).
223 (6) (a) The office shall conduct a comprehensive review of an applicant's background
224 check if the applicant:
225 (i) has a conviction for any felony offense, not described in Subsection (5)(a),
226 regardless of the date of the conviction;
227 (ii) has a conviction for a misdemeanor offense, not described in Subsection (5)(a), and
228 designated by the office, by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
229 Rulemaking Act, if the conviction is within five years before the day on which the applicant
230 submits information to the office under Subsection (2) for a background check;
231 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
232 than three years before the day on which the applicant submitted information under Subsection
233 (2)(a);
234 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
235 described in Subsection (5)(a);
236 (v) has a listing in the Department of Human Services, Division of Child and Family
237 Services' Licensing Information System described in Section 62A-4a-1006;
238 (vi) has a listing in the Department of Human Services, Division of Aging and Adult
239 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
240 62A-3-311.1;
241 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
242 or neglect described in Section 78A-6-323;
243 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
244 an adult, would be a felony or misdemeanor, if the applicant is:
245 (A) under 28 years of age; or
246 (B) 28 years of age or older and has been convicted of, has pleaded no contest to, or is
247 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
248 offense described in Subsection (5)(a); or
249 (ix) has a pending charge for an offense described in Subsection (5)(a).
250 (b) The comprehensive review described in Subsection (6)(a) shall include an
251 examination of:
252 (i) the date of the offense or incident;
253 (ii) the nature and seriousness of the offense or incident;
254 (iii) the circumstances under which the offense or incident occurred;
255 (iv) the age of the perpetrator when the offense or incident occurred;
256 (v) whether the offense or incident was an isolated or repeated incident;
257 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
258 adult, including:
259 (A) actual or threatened, nonaccidental physical or mental harm;
260 (B) sexual abuse;
261 (C) sexual exploitation; or
262 (D) negligent treatment;
263 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
264 treatment received, or additional academic or vocational schooling completed; and
265 (viii) any other pertinent information.
266 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
267 office shall deny an application to an applicant if the office finds that approval would likely
268 create a risk of harm to a child or a vulnerable adult.
269 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
270 office may make rules, consistent with this chapter, to establish procedures for the
271 comprehensive review described in this Subsection (6).
272 (7) Subject to Subsection (10), the office shall approve an application to an applicant
273 who is not denied under Subsection (5), (6), or (13).
274 (8) (a) The office may conditionally approve an application of an applicant, for a
275 maximum of 60 days after the day on which the office sends written notice to the applicant
276 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
277 (i) is awaiting the results of the criminal history search of national criminal background
278 databases; and
279 (ii) would otherwise approve an application of the applicant under Subsection (7).
280 (b) Upon receiving the results of the criminal history search of national criminal
281 background databases, the office shall approve or deny the application of the applicant in
282 accordance with Subsections (5) through (7).
283 (9) A licensee or department contractor may not permit an individual to have direct
284 access to a child or a vulnerable adult unless, subject to Subsection (10):
285 (a) the individual is associated with the licensee or department contractor and:
286 (i) the individual's application is approved by the office under this section;
287 (ii) the individual's application is conditionally approved by the office under
288 Subsection (8); or
289 (iii) (A) the individual has submitted the background check information described in
290 Subsection (2) to the office;
291 (B) the office has not determined whether to approve the applicant's application; and
292 (C) the individual is directly supervised by an individual who has a current background
293 screening approval issued by the office under this section and is associated with the licensee or
294 department contractor;
295 (b) (i) the individual is associated with the licensee or department contractor;
296 (ii) the individual has a current background screening approval issued by the office
297 under this section;
298 (iii) one of the following circumstances, that the office has not yet reviewed under
299 Subsection (6), applies to the individual:
300 (A) the individual was charged with an offense described in Subsection (5)(a);
301 (B) the individual is listed in the Licensing Information System, described in Section
302 62A-4a-1006;
303 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
304 database, described in Section 62A-3-311.1;
305 (D) the individual has a record in the juvenile court of a substantiated finding of severe
306 child abuse or neglect, described in Section 78A-6-323; or
307 (E) the individual has a record of an adjudication in juvenile court for an act that, if
308 committed by an adult, would be a felony or a misdemeanor; and
309 (iv) the individual is directly supervised by an individual who:
310 (A) has a current background screening approval issued by the office under this
311 section; and
312 (B) is associated with the licensee or department contractor;
313 (c) the individual:
314 (i) is not associated with the licensee or department contractor; and
315 (ii) is directly supervised by an individual who:
316 (A) has a current background screening approval issued by the office under this
317 section; and
318 (B) is associated with the licensee or department contractor;
319 (d) the individual is the parent or guardian of the child, or the guardian of the
320 vulnerable adult;
321 (e) the individual is approved by the parent or guardian of the child, or the guardian of
322 the vulnerable adult, to have direct access to the child or the vulnerable adult;
323 (f) the individual is only permitted to have direct access to a vulnerable adult who
324 voluntarily invites the individual to visit; or
325 (g) the individual only provides incidental care for a foster child on behalf of a foster
326 parent who has used reasonable and prudent judgment to select the individual to provide the
327 incidental care for the foster child.
328 (10) An individual may not have direct access to a child or a vulnerable adult if the
329 individual is prohibited by court order from having that access.
330 (11) Notwithstanding any other provision of this section, an individual for whom the
331 office denies an application may not have supervised or unsupervised direct access to a child or
332 vulnerable adult unless the office approves a subsequent application by the individual.
333 (12) (a) Within 30 days after the day on which the office receives the background
334 check information for an applicant, the office shall give written notice to:
335 (i) the applicant, and the licensee or department contractor, of the office's decision
336 regarding the background check and findings; and
337 (ii) the applicant of any convictions and potentially disqualifying charges and
338 adjudications found in the search.
339 (b) With the notice described in Subsection (12)(a), the office shall also give the
340 applicant the details of any comprehensive review conducted under Subsection (6).
341 (c) If the notice under Subsection (12)(a) states that the applicant's application is
342 denied, the notice shall further advise the applicant that the applicant may, under Subsection
343 62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
344 challenge the office's decision.
345 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
346 office shall make rules, consistent with this chapter:
347 (i) defining procedures for the challenge of [
348 described in Subsection (12)(c); and
349 (ii) expediting the process for renewal of a license under the requirements of this
350 section and other applicable sections.
351 (13) An individual or a department contractor who provides services in an adults only
352 substance use disorder program, as defined by rule, is exempt from this section. This
353 exemption does not extend to a program director or a member, as defined by Section
354 62A-2-108, of the program.
355 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
356 of this section, if the background check of an applicant is being conducted for the purpose of
357 licensing a prospective foster home or approving a prospective adoptive placement of a child in
358 state custody, the office shall:
359 (i) check the child abuse and neglect registry in each state where each applicant resided
360 in the five years immediately preceding the day on which the applicant applied to be a foster
361 parent or adoptive parent, to determine whether the prospective foster parent or prospective
362 adoptive parent is listed in the registry as having a substantiated or supported finding of child
363 abuse or neglect; and
364 (ii) check the child abuse and neglect registry in each state where each adult living in
365 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
366 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
367 parent, to determine whether the adult is listed in the registry as having a substantiated or
368 supported finding of child abuse or neglect.
369 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
370 (i) federal law or rule permits otherwise; or
371 (ii) the requirements would prohibit the Division of Child and Family Services or a
372 court from placing a child with:
373 (A) a noncustodial parent under Section 62A-4a-209, 78A-6-307, or 78A-6-307.5; or
374 (B) a relative, other than a noncustodial parent, under Section 62A-4a-209, 78A-6-307,
375 or 78A-6-307.5, pending completion of the background check described in Subsection (5).
376 (c) Notwithstanding Subsections (5) through (9), the office shall deny a license or a
377 license renewal to a prospective foster parent or a prospective adoptive parent if the applicant
378 has been convicted of:
379 (i) a felony involving conduct that constitutes any of the following:
380 (A) child abuse, as described in Section 76-5-109;
381 (B) commission of domestic violence in the presence of a child, as described in Section
382 76-5-109.1;
383 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
384 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
385 (E) aggravated murder, as described in Section 76-5-202;
386 (F) murder, as described in Section 76-5-203;
387 (G) manslaughter, as described in Section 76-5-205;
388 (H) child abuse homicide, as described in Section 76-5-208;
389 (I) homicide by assault, as described in Section 76-5-209;
390 (J) kidnapping, as described in Section 76-5-301;
391 (K) child kidnapping, as described in Section 76-5-301.1;
392 (L) aggravated kidnapping, as described in Section 76-5-302;
393 (M) human trafficking of a child, as described in Section 76-5-308.5;
394 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
395 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
396 (P) aggravated arson, as described in Section 76-6-103;
397 (Q) aggravated burglary, as described in Section 76-6-203;
398 (R) aggravated robbery, as described in Section 76-6-302; or
399 (S) domestic violence, as described in Section 77-36-1; or
400 (ii) an offense committed outside the state that, if committed in the state, would
401 constitute a violation of an offense described in Subsection (14)(c)(i).
402 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
403 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
404 five years immediately preceding the day on which the individual's application or license would
405 otherwise be approved, the applicant was convicted of a felony involving conduct that
406 constitutes a violation of any of the following:
407 (i) aggravated assault, as described in Section 76-5-103;
408 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
409 (iii) mayhem, as described in Section 76-5-105;
410 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
411 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
412 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
413 Act;
414 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
415 Precursor Act; or
416 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
417 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
418 conduct the comprehensive review of an applicant's background check pursuant to this section
419 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
420 child abuse and neglect registry of another state as having a substantiated or supported finding
421 of a severe type of child abuse or neglect as defined in Section 62A-4a-1002.
422 Section 2. Section 62A-4a-105 is amended to read:
423 62A-4a-105. Division responsibilities.
424 (1) The division shall:
425 (a) administer services to minors and families, including:
426 (i) child welfare services;
427 (ii) domestic violence services; and
428 (iii) all other responsibilities that the Legislature or the executive director may assign
429 to the division;
430 (b) provide the following services:
431 (i) financial and other assistance to an individual adopting a child with special needs
432 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
433 child as a legal ward of the state;
434 (ii) non-custodial and in-home services, including:
435 (A) services designed to prevent family break-up; and
436 (B) family preservation services;
437 (iii) reunification services to families whose children are in substitute care in
438 accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
439 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
440 or neglect of a child in that family;
441 (v) shelter care in accordance with the requirements of this chapter and Title 78A,
442 Chapter 6, Juvenile Court Act;
443 (vi) domestic violence services, in accordance with the requirements of federal law;
444 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
445 and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
446 Part 3, Abuse, Neglect, and Dependency Proceedings;
447 (viii) substitute care for dependent, abused, and neglected[
448 (ix) services for minors who are victims of human trafficking or human smuggling as
449 described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
450 solicitation as defined in Section 76-10-1302; and
451 (x) training for staff and providers involved in the administration and delivery of
452 services offered by the division in accordance with this chapter;
453 (c) establish standards for all:
454 (i) contract providers of out-of-home care for minors and families;
455 (ii) facilities that provide substitute care for dependent, abused, and neglected[
456
457 (iii) direct or contract providers of domestic violence services described in Subsection
458 (1)(b)(vi);
459 (d) have authority to:
460 (i) contract with a private, nonprofit organization to recruit and train foster care
461 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
462 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
463 provide substitute care for dependent, abused, and neglected[
464 in the custody of the division;
465 (e) cooperate with the federal government in the administration of child welfare and
466 domestic violence programs and other human service activities assigned by the department;
467 (f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
468 division records to the same extent that the division is required to protect division records,
469 cooperate with and share all appropriate information in the division's possession regarding an
470 Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
471 with the Indian tribe that is affiliated with the Indian child;
472 (g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
473 enacted for the protection of abused, neglected, and dependent[
474
475 chapter, unless administration is expressly vested in another division or department of the state;
476 (h) cooperate with the Workforce Development Division [
477 Workforce Services in meeting the social and economic needs of an individual who is eligible
478 for public assistance;
479 (i) compile relevant information, statistics, and reports on child and family service
480 matters in the state;
481 (j) prepare and submit to the department, the governor, and the Legislature reports of
482 the operation and administration of the division in accordance with the requirements of
483 Sections 62A-4a-117 and 62A-4a-118;
484 [
485
486 [
487 domestic violence services and treatment methods;
488 [
489 regarding the number of children in the custody of the division who:
490 (i) have a permanency goal of adoption; or
491 (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
492 and promote adoption of those children;
493 [
494 division to the local substance abuse authority or other private or public resource for a
495 court-ordered drug screening test; [
496 (n) report before November 30, 2020, and every third year thereafter, to the Social
497 Services Appropriations Subcommittee regarding:
498 (i) the daily reimbursement rate that is provided to licensed foster parents based on
499 level of care;
500 (ii) the amount of money spent on daily reimbursements for licensed foster parents in
501 the state during the previous fiscal year; and
502 (iii) any recommended changes to the division's budget to support the daily
503 reimbursement rates described in Subsection (1)(n)(i); and
504 (o) perform other duties and functions required by law.
505 (2) (a) In carrying out the requirements of Subsection (1)(g), the division shall:
506 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
507 with all public and private licensed child welfare agencies and institutions to develop and
508 administer a broad range of services and support;
509 (ii) take the initiative in all matters involving the protection of abused or neglected
510 children, if adequate provisions have not been made or are not likely to be made; and
511 (iii) make expenditures necessary for the care and protection of the children described
512 in this Subsection (2)(a), within the division's budget.
513 (b) When an individual is referred to a local substance abuse authority or other private
514 or public resource for court-ordered drug screening under Subsection (1)[
515 shall order the individual to pay all costs of the tests unless:
516 (i) the cost of the drug screening is specifically funded or provided for by other federal
517 or state programs;
518 (ii) the individual is a participant in a drug court; or
519 (iii) the court finds that the individual is impecunious.
520 (3) Except to the extent provided by rule, the division is not responsible for
521 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
522 (4) The division may not require a parent who has a child in the custody of the division
523 to pay for some or all of the cost of any drug testing the parent is required to undergo.
524 Section 3. Section 62A-4a-113 is amended to read:
525 62A-4a-113. Division's enforcement authority -- Responsibility of attorney
526 general to represent division.
527 (1) The division shall take legal action that is necessary to enforce the provisions of
528 this chapter.
529 (2) (a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
530 civil enforcement actions, the attorney general shall enforce all provisions of this chapter, in
531 addition to the requirements of Title 78A, Chapter 6, Juvenile Court Act of 1996, relating to
532 protection, custody, and parental rights termination for abused, neglected, or dependent minors.
533 (b) The attorney general may contract with the local county attorney to enforce the
534 provisions of this chapter and Title 78A, Chapter 6, Juvenile Court Act of 1996.
535 [
536 (i) advise the division regarding decisions to remove a minor from the minor's home;
537 (ii) represent the division in all court and administrative proceedings related to abuse,
538 neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,
539 dispositional review hearings, periodic review hearings, and petitions for termination of
540 parental rights; and
541 (iii) be available to and advise caseworkers on an ongoing basis.
542 [
543 advise and represent the division in abuse, neglect, and dependency proceedings, including
544 petitions for termination of parental rights. [
545 (ii) The attorneys described in Subsection (2)(d)(i) shall devote their full time and
546 attention to [
547 practicable, shall be housed in or near various offices of the division statewide.
548 (3) (a) [
549 division with regard to actions involving minors who have not been adjudicated as abused or
550 neglected, but who are otherwise committed to the custody of the division by the juvenile
551 court, and who are [
552 placed in custody of the division primarily on the basis of delinquent behavior or a status
553 offense.
554 (b) Nothing in this section may be construed to affect the responsibility of the county
555 attorney or district attorney to represent the state in [
556 Subsection (3)(a) in accordance with Section 78A-6-115.
557 Section 4. Section 62A-4a-202 is amended to read:
558 62A-4a-202. In-home services for the preservation of families.
559 (1) (a) Within appropriations from the Legislature and money obtained under
560 Subsection (5), the division shall provide in-home services for the purpose of family
561 preservation to any family with a child whose health and safety is not immediately endangered,
562 when:
563 (i) (A) the child is at risk of being removed from the home; or
564 (B) the family is in crisis; and
565 (ii) the division determines that [
566 (b) In determining whether in-home services are reasonable and appropriate, in keeping
567 with Subsection 62A-4a-201(1), the child's health, safety, and welfare shall be the paramount
568 concern.
569 (c) The division shall consider whether the services described in Subsection (1)(b):
570 (i) will be effective within a six-month period; and
571 (ii) are likely to prevent continued abuse or neglect of the child.
572 (2) (a) The division shall maintain a statewide inventory of in-home services available
573 through public and private agencies or individuals for use by caseworkers.
574 (b) The inventory described in Subsection (2)(a) shall include:
575 (i) the method of accessing each service;
576 (ii) eligibility requirements for each service;
577 (iii) the geographic areas and the number of families that can be served by each
578 service; and
579 (iv) information regarding waiting lists for each service.
580 (3) (a) As part of [
581 the division shall provide in-home services in varying degrees of intensity and contact that are
582 specific to the needs of each individual family.
583 (b) As part of [
584 (i) provide customized assistance;
585 (ii) provide support or interventions that are tailored to the needs of the family;
586 (iii) discuss the family's needs with the parent;
587 (iv) discuss an assistance plan for the family with the parent; and
588 (v) address:
589 (A) the safety of children;
590 (B) the needs of the family; and
591 (C) services necessary to aid in the preservation of the family and a child's ability to
592 remain in the home.
593 (c) In-home services shall be, as practicable, provided within the region that the family
594 resides, using existing division staff.
595 (4) (a) The division may use specially trained caseworkers, private providers, or other
596 persons to provide the in-home services described in Subsection (3).
597 (b) The division shall allow a caseworker to be flexible in responding to the needs of
598 each individual family, including:
599 (i) limiting the number of families assigned; and
600 (ii) being available to respond to assigned families within 24 hours.
601 (5) To provide, expand, and improve the delivery of in-home services to prevent the
602 removal of children from their homes and promote the preservation of families, the division
603 shall make substantial effort to obtain funding, including:
604 (a) federal grants;
605 (b) federal waivers; and
606 (c) private money.
607 [
608
609 Section 5. Section 62A-4a-202.6 is amended to read:
610 62A-4a-202.6. Conflict child protective services investigations -- Authority of
611 investigators.
612 (1) (a) The department, through the Office of Quality and Design, shall conduct an
613 independent child protective service investigation to investigate reports of abuse or neglect [
614
615 (i) the report occurs while the child is in the custody of the division[
616 (ii) the executive director determines that, if the division conducts the investigation, the
617 division would have an actual or potential conflict of interest in the results of the investigation.
618 (b) When a report is made [
619 custody of the division that indicates the child is abused or neglected:
620 (i) the attorney general may, in accordance with Section 67-5-16, and with the consent
621 of the [
622 conflict investigation of the report; or
623 (ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent
624 of the [
625 (c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the
626 consent of the [
627 under Title 53, Public Safety Code.
628 (2) The investigators described in [
629 investigate allegations of abuse or neglect of a child by a department employee or a licensed
630 substitute care provider.
631 (3) The investigators described in Subsection (1), if not law enforcement officers, shall
632 have the same rights, duties, and authority of a child protective services investigator employed
633 by the division to:
634 (a) make a thorough investigation upon receiving either an oral or written report of
635 alleged abuse or neglect of a child, with the primary purpose of that investigation being the
636 protection of the child;
637 (b) make an inquiry into the child's home environment, emotional, or mental health, the
638 nature and extent of the child's injuries, and the child's physical safety;
639 (c) make a written report of their investigation, including determination regarding
640 whether the alleged abuse or neglect was supported, unsupported, or without merit, and
641 forward a copy of that report to the division within the time mandates for investigations
642 established by the division; and
643 (d) immediately consult with school authorities to verify the child's status in
644 accordance with Sections 53G-6-201 through 53G-6-206 when a report is based upon or
645 includes an allegation of educational neglect.
646 Section 6. Section 62A-4a-209 is amended to read:
647 62A-4a-209. Emergency placement.
648 (1) As used in this section:
649 (a) "Friend" means the same as that term is defined in Subsection 78A-6-307(1).
650 (b) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
651 (c) "Relative" means the same as that term is defined in Subsection 78A-6-307(1).
652 (2) The division may use an emergency placement under Subsection
653 62A-4a-202.1(4)(b)(ii) when:
654 (a) the case worker has made the determination that:
655 (i) the child's home is unsafe;
656 (ii) removal is necessary under the provisions of Section 62A-4a-202.1; and
657 (iii) the child's custodial parent or guardian will agree to not remove the child from the
658 home of the [
659 child until after the shelter hearing required by Section 78A-6-306;
660 (b) [
661 Subsection (4), can be identified who has the ability and is willing to provide care for the child
662 who would otherwise be placed in shelter care, including:
663 (i) taking the child to medical, mental health, dental, and educational appointments at
664 the request of the division; and
665 (ii) making the child available to division services and the guardian ad litem; and
666 (c) the [
667 an emergency basis under the following conditions:
668 (i) the [
669 Subsection (3);
670 (ii) the [
671 any contact with the child until after the shelter hearing unless authorized by the division in
672 writing;
673 (iii) the [
674 custodial parent or guardian attempts to make unauthorized contact with the child;
675 (iv) the [
676 litem to have access to the child;
677 (v) the [
678 continue to search for other possible placements for long-term care, if needed;
679 (vi) the [
680 reunification efforts at the request of the division, and to follow all court orders; and
681 (vii) the child is comfortable with the [
682 (3) Except as otherwise provided in Subsection (5), before the division places a child
683 in an emergency placement, the division:
684 (a) may request the name of a reference and may contact the reference to determine the
685 answer to the following questions:
686 (i) would the [
687 the emergency placement; and
688 (ii) are there any other relatives or friends to consider as a possible emergency or
689 long-term placement for the child;
690 (b) shall have the custodial parent or guardian sign an emergency placement agreement
691 form during the investigation;
692 (c) (i) if the emergency placement will be with a relative, shall comply with the
693 background check provisions described in Subsection (7); or
694 (ii) if the emergency placement will be with [
695 noncustodial parent or a relative, shall comply with the background check provisions described
696 in Subsection (8) for adults living in the household where the child will be placed;
697 (d) shall complete a limited home inspection of the home where the emergency
698 placement is made; and
699 (e) shall have the emergency placement approved by a family service specialist.
700 (4) (a) The following order of preference shall be applied when determining the
701 [
702 this section, provided that the [
703 child:
704 (i) a noncustodial parent of the child in accordance with Section 78A-6-307;
705 (ii) a relative;
706 (iii) subject to Subsection (4)(b), a friend designated by the custodial parent, guardian,
707 or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a
708 placement; [
709 (iv) a former foster placement designated by the division;
710 (v) a foster placement, that is not a former foster placement, designated by the division;
711 and
712 [
713 designated by the division.
714 (b) In determining whether a friend is a willing and appropriate temporary emergency
715 placement for a child, the division:
716 (i) subject to Subsections (4)(b)(ii) through (iv), shall consider the child's preferences or
717 level of comfort with the friend;
718 [
719 legal guardian of the child and one friend designated by the child, if the child is of sufficient
720 maturity to articulate the child's wishes in relation to a placement;
721 [
722 friend designated by the child, if the child is of sufficient maturity to articulate the child's
723 wishes in relation to a placement; and
724 [
725 (A) the child is of sufficient maturity to articulate the child's wishes; and
726 (B) the division's basis for removing the child under Section 62A-4a-202.1 is sexual
727 abuse of the child.
728 (5) (a) The division may, pending the outcome of the investigation described in
729 Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
730 parent if, based on a limited investigation, prior to making the emergency placement, the
731 division:
732 (i) determines that the noncustodial parent has regular, unsupervised visitation with the
733 child that is not prohibited by law or court order;
734 (ii) determines that there is not reason to believe that the child's health or safety will be
735 endangered during the emergency placement; and
736 (iii) has the custodial parent or guardian sign an emergency placement agreement.
737 (b) Either before or after making an emergency placement with the noncustodial parent
738 of the child, the division may conduct the investigation described in Subsection (3)(a) in
739 relation to the noncustodial parent.
740 (c) Before, or within one day, excluding weekends and holidays, after a child is placed
741 in an emergency placement with the noncustodial parent of the child, the division shall conduct
742 a limited:
743 (i) background check of the noncustodial parent, pursuant to Subsection (7); and
744 (ii) inspection of the home where the emergency placement is made.
745 (6) After an emergency placement, the division caseworker must:
746 (a) respond to the emergency placement's calls within one hour if the custodial parents
747 or guardians attempt to make unauthorized contact with the child or attempt to remove the
748 child;
749 (b) complete all removal paperwork, including the notice provided to the custodial
750 parents and guardians under Section 78A-6-306;
751 (c) contact the attorney general to schedule a shelter hearing;
752 (d) complete the placement procedures required in Section 78A-6-307; and
753 (e) continue to search for other relatives as a possible long-term placement, if needed.
754 (7) (a) The background check described in Subsection (3)(c)(i) shall include
755 completion of:
756 (i) a name-based, Utah Bureau of Criminal Identification background check; and
757 (ii) a search of the Management Information System described in Section
758 62A-4a-1003.
759 (b) The division shall determine whether [
760 background check described in this Subsection (7) pursuant to the provisions of Subsection
761 62A-2-120(14).
762 (c) Notwithstanding Subsection (7)(b), the division may not place a child with an
763 individual who is prohibited by court order from having access to that child.
764 (8) (a) The background check described in Subsection (3)(c)(ii) shall include
765 completion of:
766 (i) a name-based, Utah Bureau of Criminal Identification background check;
767 (ii) a federal name-based criminal background check; and
768 (iii) a search of the Management Information System described in Section
769 62A-4a-1003.
770 (b) The division shall determine whether [
771 background checks described in this Subsection (8) pursuant to the provisions of Subsection
772 62A-2-120.
773 (c) If the division denies placement of a child as a result of a name-based criminal
774 background check described in Subsection (8)(a), and the [
775 denial, the [
776 permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau
777 of Investigation for a fingerprint-based criminal background check.
778 (d) (i) Within 15 calendar days of the name-based background checks, the division
779 shall require [
780 permission to the Utah Bureau of Criminal Identification for submission to the Federal Bureau
781 of Investigation for a fingerprint-based criminal background check.
782 (ii) If [
783 described in Subsection (8)(d)(i), the child shall immediately be removed from the home.
784 Section 7. Section 62A-4a-602 is amended to read:
785 62A-4a-602. Licensure requirements -- Prohibited acts.
786 (1) As used in this section:
787 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
788 made in connection with a solicitation of business.
789 (ii) "Advertisement" includes a statement or representation described in Subsection
790 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
791 circular, billboard, banner, Internet website, social media, or sign.
792 (b) "Clearly and conspicuously disclose" means the same as that term is defined in
793 Section 13-11a-2.
794 [
795 representation made in connection with a solicitation of business to provide the assistance
796 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
797 described in Subsection (3)(a)(ii).
798 (ii) "Matching advertisement" includes a statement or representation described in
799 Subsection (1)[
800 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
801 [
802
803 (2) (a) A person may not engage in child placing, or solicit money or other assistance
804 for child placing, without a valid license issued by the Office of Licensing, in accordance with
805 Chapter 2, Licensure of Programs and Facilities.
806 (b) When a child-placing agency's license is suspended or revoked in accordance with
807 that chapter, the care, control, or custody of any child who has been in the care, control, or
808 custody of that agency shall be transferred to the division.
809 (3) (a) (i) An attorney, physician, or other person may assist a parent in identifying or
810 locating a person interested in adopting the parent's child, or in identifying or locating a child to
811 be adopted.
812 (ii) No payment, charge, fee, reimbursement of expense, or exchange of value of any
813 kind, or promise or agreement to make the same, may be made for the assistance described in
814 Subsection (3)(a)(i).
815 (b) An attorney, physician, or other person may not:
816 (i) issue or cause to be issued to any person a card, sign, or device indicating that the
817 attorney, physician, or other person is available to provide the assistance described in
818 Subsection (3)(a)(i);
819 (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
820 or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
821 any building or structure;
822 (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
823 physician, or other person is available to provide the assistance described in Subsection
824 (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
825 website relating to a business;
826 (iv) announce, cause, permit, or allow a matching advertisement; or
827 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
828 attorney, physician, or other person is available to provide the assistance described in
829 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
830 following terms:
831 (A) "comprehensive";
832 (B) "complete";
833 (C) "one-stop";
834 (D) "all-inclusive"; or
835 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
836 (D).
837 (c) An attorney, physician, or other person who is not licensed by the Office of
838 Licensing within the department shall clearly and conspicuously disclose in any print media
839 advertisement or written contract regarding adoption services or adoption-related services that
840 the attorney, physician, or other person is not licensed to provide adoption services by the
841 Office of Licensing within the department.
842 (4) Nothing in this part:
843 (a) precludes payment of fees for medical, legal, or other lawful services rendered in
844 connection with the care of a mother, delivery and care of a child, or lawful adoption
845 proceedings; or
846 (b) abrogates the right of procedures for independent adoption as provided by law.
847 (5) In accordance with federal law, only agents or employees of the division and of
848 licensed child placing agencies may certify to the United States Immigration and Naturalization
849 Service that a family meets the division's preadoption requirements.
850 (6) (a) Neither a licensed child-placing agency nor any attorney practicing in this state
851 may place a child for adoption, either temporarily or permanently, with any individual or
852 individuals that would not be qualified for adoptive placement pursuant to the provisions of
853 Sections 78B-6-117, 78B-6-102, and 78B-6-137.
854 (b) The division, as a licensed child-placing agency, may not place a child in foster care
855 with any individual or individuals that would not be qualified for adoptive placement pursuant
856 to the provisions of Sections 78B-6-117, 78B-6-102, and 78B-6-137. However, nothing in this
857 Subsection (6)(b) limits the placement of a child in foster care with the child's biological or
858 adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec.
859 1901 et seq.
860 (c) With regard to children who are in the custody of the state, the division shall
861 establish a rule providing that priority for placement shall be provided to families in which
862 [
863 However, nothing in this Subsection (6)(c) limits the placement of a child with the child's
864 biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25
865 U.S.C. Sec. 1901 et seq.
866 Section 8. Section 62A-4a-603 is amended to read:
867 62A-4a-603. Injunction -- Enforcement by county attorney or attorney general.
868 (1) The [
869 person may commence an action in district court to enjoin any person, agency, firm,
870 corporation, or association violating Section 62A-4a-602.
871 (2) The Office of Licensing shall:
872 (a) solicit information from the public relating to violations of Section 62A-4a-602;
873 and
874 (b) upon identifying a violation of Section 62A-4a-602:
875 (i) send a written notice to the person who violated Section 62A-4a-602 that describes
876 the alleged violation; and
877 (ii) notify the following persons of the alleged violation:
878 (A) the local county attorney; and
879 (B) the Division of Occupational and Professional Licensing.
880 (3) (a) A county attorney or the attorney general shall institute legal action as necessary
881 to enforce the provisions of Section 62A-4a-602 after being informed of an alleged violation.
882 (b) If a county attorney does not take action within 30 days after the day on which the
883 county attorney is informed of an alleged violation of Section 62A-4a-602, the attorney general
884 may be requested to take action, and shall then institute legal proceedings in place of the county
885 attorney.
886 (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
887 agency, firm, corporation, or association found to be in violation of Section 62A-4a-602 shall
888 forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil
889 penalty of not more than $10,000 for each violation.
890 (b) Each act in violation of Section 62A-4a-602, including each placement or
891 attempted placement of a child, is a separate violation.
892 (5) (a) All amounts recovered as penalties under Subsection (4) shall be placed in the
893 General Fund of the prosecuting county, or in the state General Fund if the attorney general
894 prosecutes.
895 (b) If two or more governmental entities are involved in the prosecution, the penalty
896 amounts recovered shall be apportioned by the court among the entities, according to their
897 involvement.
898 (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
899 is a lien when recorded in the judgment docket, and has the same effect and is subject to the
900 same rules as a judgment for money in a civil action.
901 Section 9. Section 78A-6-103 is amended to read:
902 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
903 (1) Except as otherwise provided by law, the juvenile court has exclusive original
904 jurisdiction in proceedings concerning:
905 (a) a child who has violated any federal, state, or local law or municipal ordinance or [
906
907 before becoming 18 years of age, regardless of where the violation occurred, excluding
908 offenses:
909 (i) in Section 53G-8-211 until such time that the child is referred to the courts under
910 Section 53G-8-211; and
911 (ii) in Subsection 78A-7-106(2);
912 (b) a child who is an abused child, neglected child, or dependent child, as those terms
913 are defined in Section 78A-6-105;
914 (c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
915 Protective Orders, which the juvenile court may transfer to the district court if the juvenile
916 court has entered an ex parte protective order and finds that:
917 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
918 parent of the child who is the object of the petition;
919 (ii) the district court has a petition pending or an order related to custody or parent-time
920 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
921 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
922 respondent are parties; and
923 (iii) the best interests of the child will be better served in the district court;
924 (d) appointment of a guardian of the person or other guardian of a minor who comes
925 within the court's jurisdiction under other provisions of this section;
926 (e) the emancipation of a minor in accordance with Part 8, Emancipation;
927 (f) the termination of the legal parent-child relationship in accordance with Part 5,
928 Termination of Parental Rights Act, including termination of residual parental rights and
929 duties;
930 (g) the treatment or commitment of a minor who has an intellectual disability;
931 (h) the judicial consent to the marriage of a minor 16 or 17 years old upon a
932 determination of voluntariness or where otherwise required by law;
933 (i) any parent or parents of a child committed to a secure youth facility, to order, at the
934 discretion of the court and on the recommendation of a secure facility, the parent or parents of a
935 child committed to a secure facility for a custodial term, to undergo group rehabilitation
936 therapy under the direction of a secure facility therapist, who has supervision of that parent's or
937 parents' child, or any other therapist the court may direct, for a period directed by the court as
938 recommended by a secure facility;
939 (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
940 (k) subject to Subsection (8), the treatment or commitment of a child with a mental
941 illness;
942 (l) the commitment of a child to a secure drug or alcohol facility in accordance with
943 Section 62A-15-301;
944 (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
945 (n) de novo review of final agency actions resulting from an informal adjudicative
946 proceeding as provided in Section 63G-4-402; and
947 (o) adoptions conducted in accordance with the procedures described in Title 78B,
948 Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
949 terminating the rights of a parent and finds that adoption is in the best interest of the child.
950 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
951 court has exclusive jurisdiction over the following offenses committed by a child:
952 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
953 (ii) Section 73-18-12, reckless operation; and
954 (iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
955 of a single criminal episode filed in a petition that contains an offense over which the court has
956 jurisdiction.
957 (b) A juvenile court may only order substance use disorder treatment or an educational
958 series if the minor has an assessed need for the intervention on the basis of the results of a
959 validated assessment.
960 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
961 referred to [
962 Services [
963
964 Juvenile Justice Services, the child has demonstrated that the child:
965 (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
966 extent that the child's behavior or condition endangers the child's own welfare or the welfare of
967 others; or
968 (b) has run away from home.
969 (4) This section does not restrict the right of access to the juvenile court by private
970 agencies or other persons.
971 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
972 arising under Section 78A-6-702.
973 (6) The juvenile court has jurisdiction to make a finding of substantiated,
974 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
975 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
976 pursuant to Subsection 78A-7-106(5) and subject to Section 53G-8-211.
977 (8) The court may commit a child to the physical custody of a local mental health
978 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
979 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
980 Hospital.
981 Section 10. Section 78A-6-113 is amended to read:
982 78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
983 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
984 proceedings -- Bail laws inapplicable -- Exception.
985 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
986 proceedings except in accordance with Section 78A-6-112.
987 (b) A child may not be placed or kept in a shelter facility pending court proceedings
988 unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
989 [
990
991
992
993 [
994
995
996 (2) After admission of a child to a detention facility pursuant to Section 78A-6-112 and
997 immediate investigation by an authorized officer of the court, the judge or the officer shall
998 order the release of the child to the child's parents, guardian, or custodian if it is found the child
999 can be safely returned to their care, either upon written promise to bring the child to the court at
1000 a time set or without restriction.
1001 (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
1002 within 24 hours after notification of release, the parent, guardian, or custodian is responsible
1003 for the cost of care for the time the child remains in the facility.
1004 (b) The facility shall determine the cost of care.
1005 (c) Any money collected under this Subsection (2) shall be retained by the Division of
1006 Juvenile Justice Services to recover the cost of care for the time the child remains in the
1007 facility.
1008 (3) (a) When a child is detained in a detention or shelter facility, the parents or
1009 guardian shall be informed by the person in charge of the facility that the parent's or guardian's
1010 child has the right to a prompt hearing in court to determine whether the child is to be further
1011 detained or released.
1012 (b) When a minor is detained in a detention facility, the minor shall be informed by the
1013 person in charge of the facility that the minor has the right to a prompt hearing in court to
1014 determine whether the minor is to be further detained or released.
1015 (c) Detention hearings shall be held by the judge or by a commissioner.
1016 (d) The court may, at any time, order the release of the minor, whether a detention
1017 hearing is held or not.
1018 (e) If a child is released, and the child remains in the facility, because the parents,
1019 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
1020 responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
1021 (4) (a) A minor may not be held in a detention facility longer than 48 hours before a
1022 detention hearing, excluding weekends and holidays, unless the court has entered an order for
1023 continued detention.
1024 (b) A child may not be held in a shelter facility longer than 48 hours before a shelter
1025 hearing, excluding weekends and holidays, unless a court order for extended shelter has been
1026 entered by the court after notice to all parties described in Section 78A-6-306.
1027 (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
1028 the court with all information received from the person who brought the minor to the detention
1029 facility.
1030 (d) The judge or commissioner may only order a minor to be held in the facility or be
1031 placed in another appropriate facility, subject to further order of the court, if the court finds at a
1032 detention hearing that:
1033 (i) releasing the minor to the minor's parent, guardian, or custodian presents an
1034 unreasonable risk to public safety;
1035 (ii) less restrictive nonresidential alternatives to detention have been considered and,
1036 where appropriate, attempted; and
1037 (iii) the minor is eligible for detention under the division guidelines for detention
1038 admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
1039 and under Section 78A-6-112.
1040 (e) (i) After a detention hearing has been held, only the court may release a minor from
1041 detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
1042 the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
1043 detention is necessary.
1044 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
1045 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
1046 notice of its decision, including any disposition, order, or no contact orders, be provided to
1047 designated persons in the appropriate local law enforcement agency and district superintendent
1048 or the school or transferee school, if applicable, that the minor attends. The designated persons
1049 may receive the information for purposes of the minor's supervision and student safety.
1050 (iii) Any employee of the local law enforcement agency, school district, and the school
1051 that the minor attends who discloses the court's order of probation is not:
1052 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
1053 provided in Section 63G-7-202; and
1054 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
1055 of Section 63G-2-801.
1056 (5) A minor may not be held in a detention facility, following a dispositional order of
1057 the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
1058 community-based placement under Section 62A-7-101.
1059 (6) (a) Except as otherwise provided in this section, a minor may not be held in a
1060 detention facility following a disposition order of the court for longer than 72 hours, excluding
1061 weekends and holidays.
1062 (b) The period of detention may be extended by the court for a cumulative total of
1063 seven calendar days if:
1064 (i) the Division of Juvenile Justice Services or another agency responsible for
1065 placement files a written petition with the court requesting the extension and setting forth good
1066 cause; and
1067 (ii) the court enters a written finding that it is in the best interests of both the minor and
1068 the community to extend the period of detention.
1069 (c) The court may extend the period of detention beyond the seven calendar days if the
1070 court finds by clear and convincing evidence that:
1071 (i) the Division of Juvenile Justice Services or another agency responsible for
1072 placement does not have space for the minor; and
1073 (ii) the safety of the minor and community requires an extension of the period of
1074 detention.
1075 (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
1076 excluding weekends and holidays, regarding the status of whether the Division of Juvenile
1077 Justice Services or another agency responsible for placement has space for the minor.
1078 (7) The agency requesting an extension shall promptly notify the detention facility that
1079 a written petition has been filed.
1080 (8) The court shall promptly notify the detention facility regarding its initial disposition
1081 and any ruling on a petition for an extension, whether granted or denied.
1082 (9) (a) A child under 16 years of age may not be held in a jail, lockup, or other place
1083 for adult detention except as provided by Section 62A-7-201 or unless certified as an adult
1084 pursuant to Section 78A-6-703. Section 62A-7-201 regarding confinement facilities applies to
1085 this Subsection (9).
1086 (b) A child 16 years of age or older whose conduct or condition endangers the safety or
1087 welfare of others in the detention facility for children may, by court order that specifies the
1088 reasons, be detained in another place of confinement considered appropriate by the court,
1089 including a jail or other place of confinement for adults. However, a secure facility is not an
1090 appropriate place of confinement for detention purposes under this section.
1091 (10) A sheriff, warden, or other official in charge of a jail or other facility for the
1092 detention of adult offenders or persons charged with crime shall immediately notify the
1093 juvenile court when a person who is or appears to be under 18 years of age is received at the
1094 facility and shall make arrangements for the transfer of the person to a detention facility, unless
1095 otherwise ordered by the juvenile court.
1096 (11) This section does not apply to a minor who is brought to the adult facility under
1097 charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for criminal
1098 proceedings in the district court under Section 78A-6-702 or 78A-6-703.
1099 (12) A minor held for criminal proceedings under Section 78A-6-701, 78A-6-702, or
1100 78A-6-703 may be detained in a jail or other place of detention used for adults charged with
1101 crime.
1102 (13) Provisions of law regarding bail are not applicable to minors detained or taken
1103 into custody under this chapter, except that bail may be allowed:
1104 (a) if a minor who need not be detained lives outside this state; or
1105 (b) when a minor who need not be detained comes within one of the classes in
1106 Subsection 78A-6-603(11).
1107 (14) Section 76-8-418 is applicable to a child who willfully and intentionally commits
1108 an act against a jail or other place of confinement, including a Division of Juvenile Justice
1109 Services detention, shelter, or secure confinement facility which would be a third degree felony
1110 if committed by an adult.
1111 Section 11. Section 78A-6-115 is amended to read:
1112 78A-6-115. Hearings -- Record -- County attorney or district attorney
1113 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
1114 evidence -- Medical cannabis.
1115 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
1116 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
1117 also be made unless dispensed with by the court.
1118 (b) (i) For purposes of this Subsection (1)(b):
1119 (A) "Record of a proceeding" does not include documentary materials of any type
1120 submitted to the court as part of the proceeding, including items submitted under Subsection
1121 (4)(a).
1122 (B) "Subjects of the record" includes the child's guardian ad litem, the child's legal
1123 guardian, the Division of Child and Family Services, and any other party to the proceeding.
1124 [
1125 Government Records Access and Management Act, the court shall release a record of a
1126 proceeding made under Subsection (1)(a) [
1127 finding on the record for good cause.
1128 [
1129 (1)(a), the court shall:
1130 (A) provide notice to all subjects of the record that a request for release of the record
1131 has been made; and
1132 (B) allow sufficient time for the subjects of the record to respond before making a
1133 finding on the petition.
1134 [
1135 the court's jurisdiction over the subjects of the proceeding ended more than 12 months before
1136 the day on which the request is made.
1137 [
1138 [
1139
1140
1141 [
1142
1143 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
1144 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
1145 case.
1146 (b) Subject to the attorney general's prosecutorial discretion in civil enforcement
1147 actions, the attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
1148 Family Services, and this chapter, relating to:
1149 (i) protection or custody of an abused, neglected, or dependent child; and
1150 (ii) petitions for termination of parental rights.
1151 [
1152
1153
1154
1155
1156 (3) The board may adopt special rules of procedure to govern proceedings involving
1157 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
1158 involving offenses under Section 78A-6-606 are governed by that section regarding suspension
1159 of driving privileges.
1160 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
1161 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
1162 in hearings upon petitions for termination of parental rights, written reports and other material
1163 relating to the minor's mental, physical, and social history and condition may be received in
1164 evidence and may be considered by the court along with other evidence. The court may require
1165 that the [
1166 the [
1167 (b) For the purpose of determining proper disposition of a minor alleged to be or
1168 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
1169 under Section 78A-6-315 may be received in evidence and may be considered by the court
1170 along with other evidence. The court may require any [
1171 preparing the dispositional report to appear as a witness, if the [
1172 available.
1173 (5) (a) [
1174 or dependency proceeding occurring after the commencement of a shelter hearing under
1175 Section 78A-6-306 or the filing of a petition under Section 78A-6-304, each party to the
1176 proceeding shall provide in writing to the other parties or their counsel any information which
1177 the party:
1178 (i) plans to report to the court at the proceeding; or
1179 (ii) could reasonably expect would be requested of the party by the court at the
1180 proceeding.
1181 (b) The disclosure required under Subsection (5)(a) shall be made:
1182 (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
1183 five days before the day on which the proceeding is held;
1184 (ii) for proceedings under Chapter 6, Part 5, Termination of Parental Rights Act, in
1185 accordance with Utah Rules of Civil Procedure; and
1186 (iii) for all other proceedings, no less than five days before the day on which the
1187 proceeding is held.
1188 (c) The division is not required to provide a court report or a child and family plan to
1189 each party to the proceeding if:
1190 (i) the information is electronically filed with the court; and
1191 (ii) each party to the proceeding has access to the electronically filed information.
1192 [
1193 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
1194 party certifies to the court that the information was obtained after the deadline.
1195 [
1196 (i) pretrial hearings; and
1197 (ii) the frequent, periodic review hearings held in a dependency drug court case to
1198 assess and promote the parent's progress in substance use disorder treatment.
1199 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
1200 may, in [
1201 years of age to [
1202 (7) (a) As used in this Subsection (7):
1203 (i) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
1204 (ii) "Dosing parameters" means the same as that term is defined in Section 26-61a-102.
1205 (iii) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
1206 (iv) "Medical cannabis cardholder" means the same as that term is defined in Section
1207 26-61a-102.
1208 (v) "Qualified medical provider" means the same as that term is defined in Section
1209 26-61a-102.
1210 (b) In any child welfare proceeding in which the court makes a finding, determination,
1211 or otherwise considers an individual's possession or use of medical cannabis, a cannabis
1212 product, or a medical cannabis device, the court may not consider or treat the individual's
1213 possession or use any differently than the lawful possession or use of any prescribed controlled
1214 substance if the individual's use or possession complies with:
1215 (i) Title 4, Chapter 41a, Cannabis Production Establishments;
1216 (ii) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
1217 (iii) (A) the individual's possession or use complies with Title 26, Chapter 61a, Utah
1218 Medical Cannabis Act; and
1219 (B) the individual reasonably complies with the dosing parameters determined by the
1220 individual's qualified medical provider or through a consultation described in Subsection
1221 26-61a-502(4) or (5).
1222 (c) A parent's or guardian's use of medical cannabis or a cannabis product is not abuse
1223 or neglect of a child under Section 78A-6-105, nor is it contrary to the best interests of a child,
1224 if:
1225 (i) (A) for a medical cannabis cardholder after January 1, 2021, the parent's or
1226 guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
1227 and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
1228 deviates from the dosing parameters determined by the parent's or guardian's qualified medical
1229 provider or through a consultation described in Subsection 26-61a-502(4) or (5); or
1230 (B) before January 1, 2021, the parent's or guardian's possession or use complies with
1231 Subsection 58-37-3.7(2) or (3); and
1232 (ii) (A) there is no evidence showing that the child has inhaled, ingested, or otherwise
1233 had cannabis introduced to the child's body; or
1234 (B) there is no evidence showing a nexus between the parent's or guardian's use of
1235 medical cannabis or a cannabis product and behavior that would separately constitute abuse or
1236 neglect of the child.
1237 Section 12. Section 78A-6-117.5 is amended to read:
1238 78A-6-117.5. Custody in Division of Child and Family Services or in the Division
1239 of Juvenile Justice Services -- Assessment of an ungovernable or runaway youth for
1240 services.
1241 (1) Notwithstanding Subsections 78A-6-117(2)(c) and (d), the court may not vest
1242 custody in the Division of Child and Family Services except pursuant to Title 78A, Chapter 6,
1243 Part 3, Abuse, Neglect, and Dependency Proceedings.
1244 [
1245
1246
1247
1248
1249 [
1250 ranch, forestry camp, or other residential work program for care or work.
1251 [
1252 temporary custody of the Division of Juvenile Justice Services for residential observation and
1253 evaluation or residential observation and assessment.
1254 (4) (a) If the court finds that a child is ungovernable or a runaway, as those terms are
1255 defined in Section 62A-7-101, or that the family is in crisis, the court may order the Division of
1256 Juvenile Justice Services to conduct an assessment to determine if provision of prevention and
1257 early intervention youth services, as described in Section 62A-7-601, is appropriate.
1258 (b) If the Division of Juvenile Justice Services determines that provision of prevention
1259 and early intervention youth services is appropriate under Subsection (4)(a), the Division of
1260 Juvenile Justice Services shall provide the services to the ungovernable or runaway child.
1261 Section 13. Section 78A-6-307 is amended to read:
1262 78A-6-307. Shelter hearing -- Placement -- DCFS custody.
1263 (1) As used in this section:
1264 (a) "Friend" means an adult [
1265
1266 (i) has an established relationship with the child or a family member of the child; and
1267 (ii) is not a natural parent of the child.
1268 (b) (i) "Natural parent," notwithstanding Section 78A-6-105, means:
1269 (A) a biological or adoptive mother of the child;
1270 (B) an adoptive father of the child; or
1271 (C) a biological father of the child who:
1272 (I) was married to the child's biological mother at the time the child was conceived or
1273 born; or
1274 (II) has strictly complied with Sections 78B-6-120 through 78B-6-122, before removal
1275 of the child or voluntary surrender of the child by the custodial parent.
1276 (ii) The definition of "natural parent" described in Subsection (1)(b)(i) applies
1277 regardless of whether the child has been or will be placed with adoptive parents or whether
1278 adoption has been or will be considered as a long-term goal for the child.
1279 (c) "Relative" means:
1280 (i) an adult who is the child's grandparent, great grandparent, aunt, great aunt, uncle,
1281 great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
1282 (ii) a first cousin of the child's parent;
1283 (iii) an adult who is an adoptive parent of the child's sibling; or
1284 (iv) in the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25
1285 U.S.C. Sec. 1903, "relative" also means an "extended family member" as defined by that
1286 statute.
1287 (2) (a) At the shelter hearing, when the court orders that a child be removed from the
1288 custody of the child's parent in accordance with the requirements of Section 78A-6-306, the
1289 court shall first determine whether there is another natural parent with whom the child was not
1290 residing at the time the events or conditions that brought the child within the court's jurisdiction
1291 occurred, who desires to assume custody of the child.
1292 (b) If another natural parent requests custody under Subsection (2)(a), the court shall
1293 place the child with that parent unless [
1294 otherwise detrimental to the child.
1295 (c) This Subsection (2) is limited by Subsection (18)(b).
1296 (d) (i) The court shall make a specific finding regarding the fitness of the parent
1297 described in Subsection (2)(b) to assume custody, and the safety and appropriateness of the
1298 placement.
1299 (ii) The court shall, at a minimum, order the division to visit the parent's home, comply
1300 with the criminal background check provisions described in Section 78A-6-308, and check the
1301 division's management information system for any previous reports of abuse or neglect
1302 received by the division regarding the parent at issue.
1303 (iii) The court may order the division to conduct any further investigation regarding the
1304 safety and appropriateness of the placement.
1305 (iv) The division shall report [
1306 (v) The court may place the child in the temporary custody of the division, pending
1307 [
1308 (3) If the court orders placement with a parent under Subsection (2):
1309 (a) the child and the parent are under the continuing jurisdiction of the court;
1310 (b) the court may order:
1311 (i) that the parent assume custody subject to the supervision of the court; and
1312 (ii) that services be provided to the parent from whose custody the child was removed,
1313 the parent who has assumed custody, or both; and
1314 (c) the court shall order reasonable parent-time with the parent from whose custody the
1315 child was removed, unless parent-time is not in the best interest of the child.
1316 (4) The court shall periodically review an order described in Subsection (3) to
1317 determine whether:
1318 (a) placement with the parent continues to be in the child's best interest;
1319 (b) the child should be returned to the original custodial parent;
1320 (c) the child should be placed in the custody of a relative, pursuant to Subsections (7)
1321 through (12); or
1322 (d) the child should be placed in the custody of the division.
1323 (5) The time limitations described in Section 78A-6-312 with regard to reunification
1324 efforts apply to children placed with a previously noncustodial parent in accordance with
1325 Subsection (2).
1326 (6) Legal custody of the child is not affected by an order entered under Subsection (2)
1327 or (3). To affect a previous court order regarding legal custody, the party shall petition that
1328 court for modification of the order.
1329 (7) If, at the time of the shelter hearing, a child is removed from the custody of the
1330 child's parent and is not placed in the custody of the child's other parent, the court:
1331 (a) shall, at that time, determine whether, subject to Subsections (18)(c) through (e),
1332 there is a relative or a friend who is able and willing to care for the child, which may include
1333 asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a
1334 placement, if there is a relative or friend with whom the child would prefer to reside;
1335 (b) may order the division to conduct a reasonable search to determine whether, subject
1336 to Subsections (18)(c) through (e), there are relatives or friends who are willing and
1337 appropriate, in accordance with the requirements of this part and Title 62A, Chapter 4a, Part 2,
1338 Child Welfare Services, for placement of the child;
1339 (c) shall order the parents to cooperate with the division, within five working days, to,
1340 subject to Subsections (18)(c) through (e), provide information regarding relatives or friends
1341 who may be able and willing to care for the child; and
1342 (d) may order that the child be placed in the custody of the division pending the
1343 determination under Subsection (7)(a).
1344 (8) This section may not be construed as a guarantee that an identified relative or friend
1345 will receive custody of the child.
1346 (9) Subject to Subsections (18)(c) through (e), preferential consideration shall be given
1347 to a relative's or a friend's request for placement of the child, if it is in the best interest of the
1348 child, and the provisions of this section are satisfied.
1349 (10) (a) If a willing relative or friend is identified under Subsection (7)(a), the court
1350 shall make a specific finding regarding:
1351 (i) the fitness of that relative or friend as a placement for the child; and
1352 (ii) the safety and appropriateness of placement with that relative or friend.
1353 (b) To be considered a "willing relative or friend" under this section, the relative or
1354 friend shall be willing to cooperate with the child's permanency goal.
1355 (11) (a) In making the finding described in Subsection (10)(a), the court shall, at a
1356 minimum, order the division to:
1357 (i) if the child may be placed with a relative, conduct a background check that includes:
1358 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
1359 background check of the relative;
1360 (B) a completed search, relating to the relative, of the Management Information System
1361 described in Section 62A-4a-1003; and
1362 (C) a background check that complies with the criminal background check provisions
1363 described in Section 78A-6-308, of each nonrelative, as defined in Section 62A-4a-209, of the
1364 child who resides in the household where the child may be placed;
1365 (ii) if the child will be placed with a noncustodial parent, complete a background check
1366 that includes:
1367 (A) the background check requirements applicable to an emergency placement with a
1368 noncustodial parent that are described in Subsections 62A-4a-209(5) and (7);
1369 (B) a completed search, relating to the noncustodial parent of the child, of the
1370 Management Information System described in Section 62A-4a-1003; and
1371 (C) a background check that complies with the criminal background check provisions
1372 described in Section 78A-6-308, of each nonrelative, as defined in Section 62A-4a-209, of the
1373 child who resides in the household where the child may be placed;
1374 (iii) if the child may be placed with an individual other than a noncustodial parent or a
1375 relative, conduct a criminal background check of the individual, and each adult that resides in
1376 the household where the child may be placed, that complies with the criminal background
1377 check provisions described in Section 78A-6-308;
1378 (iv) visit the relative's or friend's home;
1379 (v) check the division's management information system for any previous reports of
1380 abuse or neglect regarding the relative or friend at issue;
1381 (vi) report the division's findings in writing to the court; and
1382 (vii) provide sufficient information so that the court may determine whether:
1383 (A) the relative or friend has any history of abusive or neglectful behavior toward other
1384 children that may indicate or present a danger to this child;
1385 (B) the child is comfortable with the relative or friend;
1386 (C) the relative or friend recognizes the parent's history of abuse and is committed to
1387 protect the child;
1388 (D) the relative or friend is strong enough to resist inappropriate requests by the parent
1389 for access to the child, in accordance with court orders;
1390 (E) the relative or friend is committed to caring for the child as long as necessary; and
1391 (F) the relative or friend can provide a secure and stable environment for the child.
1392 (b) The division may determine to conduct, or the court may order the division to
1393 conduct, any further investigation regarding the safety and appropriateness of the placement.
1394 (c) The division shall complete and file [
1395 placement with a relative or friend as soon as practicable, in an effort to facilitate placement of
1396 the child with a relative or friend.
1397 (12) (a) The court may place a child described in Subsection (2)(a) in the temporary
1398 custody of the division, pending the division's investigation pursuant to Subsections (10) and
1399 (11), and the court's determination regarding the appropriateness of that placement.
1400 (b) The court shall ultimately base [
1401 appropriateness of a placement with a relative or friend on the best interest of the child.
1402 (13) When a court places a child described in Subsection (7) in the custody of the
1403 child's relative or friend:
1404 (a) the court:
1405 (i) shall order the relative or friend assume custody, subject to the continuing
1406 supervision of the court; and
1407 (ii) may order the division provide necessary services to the child and the child's
1408 relative or friend, including the monitoring of the child's safety and well-being;
1409 (b) the child and the relative or friend in whose custody the child is placed are under
1410 the continuing jurisdiction of the court;
1411 (c) the court may enter any order that it considers necessary for the protection and best
1412 interest of the child;
1413 (d) the court shall provide for reasonable parent-time with the parent or parents from
1414 whose custody the child was removed, unless parent-time is not in the best interest of the child;
1415 and
1416 (e) the court shall conduct a periodic review no less often than every six months, to
1417 determine whether:
1418 (i) placement with the relative or friend continues to be in the child's best interest;
1419 (ii) the child should be returned home; or
1420 (iii) the child should be placed in the custody of the division.
1421 (14) No later than 12 months after placement with a relative or friend, the court shall
1422 schedule a hearing for the purpose of entering a permanent order in accordance with the best
1423 interest of the child.
1424 (15) The time limitations described in Section 78A-6-312, with regard to reunification
1425 efforts, apply to children placed with a relative or friend pursuant to Subsection (7).
1426 (16) (a) If the court awards custody of a child to the division, and the division places
1427 the child with a relative, the division shall:
1428 (i) conduct a criminal background check of the relative that complies with the criminal
1429 background check provisions described in Section 78A-6-308; and
1430 (ii) if the results of the criminal background check described in Subsection (16)(a)(i)
1431 would prohibit the relative from having direct access to the child under Section 62A-2-120, the
1432 division shall:
1433 (A) take the child into physical custody; and
1434 (B) within three days, excluding weekends and holidays, after taking the child into
1435 physical custody under Subsection (16)(a)(ii)(A), give written notice to the court, and all
1436 parties to the proceedings, of the division's action.
1437 (b) Nothing in Subsection (16)(a) prohibits the division from placing a child with a
1438 relative, pending the results of the background check described in Subsection (16)(a) on the
1439 relative.
1440 (17) When the court orders that a child be removed from the custody of the child's
1441 parent and does not award custody and guardianship to another parent, relative, or friend under
1442 this section, the court shall order that the child be placed in the temporary custody of the
1443 division, to proceed to adjudication and disposition and to be provided with care and services
1444 in accordance with this chapter and Title 62A, Chapter 4a, Child and Family Services.
1445 (18) (a) Any preferential consideration that a relative or friend is initially granted
1446 pursuant to Subsection (9) expires 120 days from the date of the shelter hearing. After that time
1447 period has expired, a relative or friend who has not obtained custody or asserted an interest in a
1448 child, may not be granted preferential consideration by the division or the court.
1449 (b) When the time period described in Subsection (18)(a) has expired, the preferential
1450 consideration, which is initially granted to a natural parent in accordance with Subsection (2),
1451 is limited. After that time, the court shall base [
1452 interest of the child.
1453 (c) Before the expiration of the 120-day period described in Subsection (18)(a), the
1454 following order of preference shall be applied when determining the individual with whom a
1455 child will be placed, provided that the individual is willing, and has the ability, to care for the
1456 child:
1457 (i) a noncustodial parent of the child;
1458 (ii) a relative of the child;
1459 (iii) subject to Subsection (18)(d), a friend, if the friend is a licensed foster parent; and
1460 (iv) other placements that are consistent with the requirements of law.
1461 (d) [
1462 child, [
1463 (i) subject to Subsections (18)(d)(ii) through (iv), shall consider the child's preferences
1464 or level of comfort with the friend;
1465 (ii) is required to consider no more than one friend designated by each parent of the
1466 child and one friend designated by the child, if the child is of sufficient maturity to articulate
1467 the child's wishes in relation to a placement[
1468 [
1469 (iii) may limit the number of designated friends to two, one of whom shall be a friend
1470 designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
1471 relation to a placement[
1472 [
1473 (iv) shall give preference to a friend designated by the child, if:
1474 (A) the child is of sufficient maturity to articulate the child's wishes; and
1475 (B) the basis for removing the child under Section 78A-6-306 is sexual abuse of the
1476 child.
1477 (e) If a parent of the child or the child, if the child is of sufficient maturity to articulate
1478 the child's wishes in relation to a placement, is not able to designate a friend who is a licensed
1479 foster parent for placement of the child, but is able to identify a friend who is willing to become
1480 licensed as a foster parent:
1481 (i) the department shall fully cooperate to expedite the licensing process for the friend;
1482 and
1483 (ii) if the friend becomes licensed as a foster parent within the time frame described in
1484 Subsection (18)(a), the court shall determine whether it is in the best interests of the child to
1485 place the child with the friend.
1486 (19) If, following the shelter hearing, the child is placed with an individual who is not a
1487 parent, a relative, a friend, or a former foster parent of the child, priority shall be given to a
1488 foster placement with a [
1489 unless it is in the best interests of the child to place the child with a single foster parent.
1490 (20) In determining the placement of a child, neither the court, nor the division, may
1491 take into account, or discriminate against, the religion of an individual with whom the child
1492 may be placed, unless the purpose of taking religion into account is to place the child with an
1493 individual or family of the same religion as the child.
1494 (21) If the court's decision differs from a child's express wishes if the child is of
1495 sufficient maturity to articulate the wishes in relation to the child's placement, the court shall
1496 make findings explaining why the court's decision differs from the child's wishes.
1497 Section 14. Section 78A-6-311.5 is amended to read:
1498 78A-6-311.5. Placement in a qualified residential treatment program -- Review
1499 hearings.
1500 (1) As used in this section:
1501 (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec.
1502 675a.
1503 (b) "Qualified residential treatment program" means the same as that term is defined in
1504 42 U.S.C. Sec. 672.
1505 (2) Within 60 days of the date when a child is placed in a qualified residential
1506 treatment program, the court shall:
1507 (a) review the assessment, determination, and documentation made by a qualified
1508 individual regarding the child;
1509 (b) determine whether the needs of the child can be met through placement in a foster
1510 home;
1511 (c) if the child's needs cannot be met through placement in a foster home, determine
1512 whether:
1513 (i) placement of the child in a qualified residential treatment program provides the
1514 most effective and appropriate level of care for the child in the least restrictive environment;
1515 and
1516 (ii) placement in a qualified residential treatment program is consistent with the
1517 short-term and long-term goals for the child, as specified in the permanency plan for the child;
1518 and
1519 (d) approve or disapprove of the child's placement in a qualified residential treatment
1520 program.
1521 (3) As long as a child remains placed in a qualified residential treatment program, the
1522 court shall review the placement decision at each subsequent review and permanency hearing
1523 held with respect to the child.
1524 (4) When the court conducts a review described in Subsection (3), the court shall
1525 review evidence submitted by the custodial division to:
1526 (a) demonstrate an ongoing assessment of the strengths and needs of the child such that
1527 the child's needs cannot be met through placement in a foster home;
1528 (b) demonstrate that placement in a qualified residential treatment program provides
1529 the most effective and appropriate level of care for the child in the least restrictive
1530 environment;
1531 (c) demonstrate that placement in the qualified residential treatment program is
1532 consistent with the short-term and long-term goals for the child, as specified by the permanency
1533 plan for the child;
1534 (d) document the specific treatment or service needs that will be met for the child in
1535 the placement;
1536 (e) document the length of time the child is expected to need the treatment or services;
1537 and
1538 (f) document the efforts made by the custodial division to prepare the child to return
1539 home or transition to another setting, such as with a relative, with a friend of the child, with a
1540 legal guardian, with an adoptive parent, a foster home, or independent living.
1541 Section 15. Section 78B-6-117 is amended to read:
1542 78B-6-117. Who may adopt -- Adoption of minor.
1543 (1) A minor child may be adopted by an adult [
1544 this section and this part.
1545 (2) A child may be adopted by:
1546 (a) adults who are legally married to each other in accordance with the laws of this
1547 state, including adoption by a stepparent; or
1548 (b) subject to Subsections (3) and (4), a single adult.
1549 (3) A child may not be adopted by [
1550 relationship that is not a legally valid and binding marriage under the laws of this state unless
1551 the [
1552 Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
1553 (4) To provide a child who is in the custody of the division with the most beneficial
1554 family structure, when a child in the custody of the division is placed for adoption, the division
1555 or child-placing agency shall place the child with a [
1556
1557 (a) there are no qualified married couples who:
1558 (i) have applied to adopt a child;
1559 (ii) are willing to adopt the child; and
1560 (iii) are an appropriate placement for the child;
1561 (b) the child is placed with a relative of the child;
1562 (c) the child is placed with [
1563 substantial relationship with the child;
1564 (d) the child is placed with [
1565 (i) is selected by a parent or former parent of the child, if the parent or former parent
1566 consented to the adoption of the child; and
1567 (ii) the parent or former parent described in Subsection (4)(d)(i):
1568 (A) knew the [
1569 consented to the adoption; or
1570 (B) became aware of the [
1571 source other than the division or the child-placing agency that assists with the adoption of the
1572 child; or
1573 (e) it is in the best interests of the child to place the child with a single adult.
1574 (5) Except as provided in Subsection (6), an adult may not adopt a child if, before
1575 adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest
1576 to a felony or attempted felony involving conduct that constitutes any of the following:
1577 (a) child abuse, as described in Section 76-5-109;
1578 (b) child abuse homicide, as described in Section 76-5-208;
1579 (c) child kidnapping, as described in Section 76-5-301.1;
1580 (d) human trafficking of a child, as described in Section 76-5-308.5;
1581 (e) sexual abuse of a minor, as described in Section 76-5-401.1;
1582 (f) rape of a child, as described in Section 76-5-402.1;
1583 (g) object rape of a child, as described in Section 76-5-402.3;
1584 (h) sodomy on a child, as described in Section 76-5-403.1;
1585 (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
1586 Section 76-5-404.1;
1587 (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
1588 (k) an offense in another state that, if committed in this state, would constitute an
1589 offense described in this Subsection (5).
1590 (6) (a) For purpose of this Subsection (6), "disqualifying offense" means an offense
1591 listed in Subsection (5) that prevents a court from considering [
1592 adoption of a child except as provided in this Subsection (6).
1593 (b) [
1594 adoption of a child if the following criteria are met by clear and convincing evidence:
1595 (i) at least 10 years have elapsed from the day on which the [
1596 successfully released from prison, jail, parole, or probation related to a disqualifying offense;
1597 (ii) during the 10 years before the day on which the [
1598 with the court seeking adoption, the [
1599 or pleaded no contest to an offense greater than an infraction or traffic violation that would
1600 likely impact the health, safety, or well-being of the child;
1601 (iii) the [
1602 rehabilitation directly related to the disqualifying offense;
1603 (iv) the court determines that the risk related to the disqualifying offense is unlikely to
1604 cause harm, as defined in Section 78A-6-105, or potential harm to the child currently or at any
1605 time in the future when considering all of the following:
1606 (A) the child's age;
1607 (B) the child's gender;
1608 (C) the child's development;
1609 (D) the nature and seriousness of the disqualifying offense;
1610 (E) the preferences of a child 12 years of age or older;
1611 (F) any available assessments, including custody evaluations, home studies,
1612 pre-placement adoptive evaluations, parenting assessments, psychological or mental health
1613 assessments, and bonding assessments; and
1614 (G) any other relevant information;
1615 (v) the [
1616 (A) the relationship with the child is of long duration;
1617 (B) that an emotional bond exists with the child; and
1618 (C) that adoption by the [
1619 offense ensures the best interests of the child are met; and
1620 (vi) the adoption is by:
1621 (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or
1622 (B) subject to Subsection (6)(d), a relative of the child as defined in Section 78A-6-307
1623 and there is not another relative without a disqualifying offense filing an adoption petition.
1624 (c) The [
1625 regarding why adoption with that [
1626 another responsible relative or equally situated [
1627 disqualifying offense.
1628 (d) If there is an alternative responsible relative who does not have a disqualifying
1629 offense filing an adoption petition, the following applies:
1630 (i) preference for adoption shall be given to a relative who does not have a
1631 disqualifying offense; and
1632 (ii) before the court may grant adoption to the [
1633 disqualifying offense over another responsible, willing, and able relative:
1634 (A) an impartial custody evaluation shall be completed; and
1635 (B) a guardian ad litem shall be assigned.
1636 (7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a
1637 final decision on adoption has not been made and to a case filed on or after March 25, 2017.
1638 Section 16. Repealer.
1639 This bill repeals:
1640 Section 62A-4a-250, Attorney general responsibility.
1641 Section 78A-6-401, Attorney general responsibility.