This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 5, 2021 at 11:10 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill makes technical cross reference changes to provisions related to juveniles.
10 Highlighted Provisions:
11 This bill:
12 ▸ makes technical cross reference changes to provisions related to juveniles; and
13 ▸ makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides a special effective date.
18 This bill provides coordination clauses.
19 Utah Code Sections Affected:
20 AMENDS:
21 17-18a-404, as last amended by Laws of Utah 2020, Chapters 214 and 312
22 26-2-22 (Superseded 11/01/21), as last amended by Laws of Utah 2020, Chapter 201
23 26-2-22 (Effective 11/01/21), as last amended by Laws of Utah 2020, Chapters 201 and
24 323
25 26-8a-310, as last amended by Laws of Utah 2020, Chapter 150
26 26-10-9, as last amended by Laws of Utah 2018, Chapter 415
27 26-21-204, as last amended by Laws of Utah 2018, Chapter 47
28 30-5a-103, as last amended by Laws of Utah 2020, Chapter 48
29 32B-4-409, as last amended by Laws of Utah 2017, Chapter 330
30 32B-4-410, as last amended by Laws of Utah 2017, Chapters 330 and 455
31 32B-4-411, as last amended by Laws of Utah 2017, Chapter 330
32 51-9-401, as last amended by Laws of Utah 2020, Chapter 230
33 51-9-408, as last amended by Laws of Utah 2019, Chapter 136
34 53-3-204, as last amended by Laws of Utah 2015, Chapter 422
35 53-3-219, as last amended by Laws of Utah 2019, Chapter 136
36 53-3-220, as last amended by Laws of Utah 2020, Chapter 177
37 53-10-404, as last amended by Laws of Utah 2020, Chapter 108
38 53-10-407, as last amended by Laws of Utah 2018, Chapter 86
39 53B-8d-102, as last amended by Laws of Utah 2017, Chapter 382
40 53E-3-513, as last amended by Laws of Utah 2019, Chapter 186
41 53E-9-305, as last amended by Laws of Utah 2020, Chapter 388
42 53G-4-402, as last amended by Laws of Utah 2020, Chapter 347
43 53G-6-206, as last amended by Laws of Utah 2020, Chapter 20
44 53G-6-208, as last amended by Laws of Utah 2020, Chapter 20
45 53G-8-211, as last amended by Laws of Utah 2020, Chapters 20 and 214
46 53G-8-212, as last amended by Laws of Utah 2019, Chapter 293
47 53G-8-402, as last amended by Laws of Utah 2020, Chapter 354
48 53G-8-405, as last amended by Laws of Utah 2020, Chapter 354
49 53G-9-209, as enacted by Laws of Utah 2018, Chapter 285
50 53G-11-410, as last amended by Laws of Utah 2018, Chapter 70 and renumbered and
51 amended by Laws of Utah 2018, Chapter 3
52 58-37-6, as last amended by Laws of Utah 2020, Chapter 81
53 62A-1-108.5, as last amended by Laws of Utah 2018, Chapter 147
54 62A-1-111, as last amended by Laws of Utah 2020, Chapter 303
55 62A-2-108.8, as enacted by Laws of Utah 2014, Chapter 312
56 62A-2-117.5, as last amended by Laws of Utah 2008, Chapter 3
57 62A-2-120, as last amended by Laws of Utah 2020, Chapters 176, 225, 250 and last
58 amended by Coordination Clause, Laws of Utah 2020, Chapter 225
59 62A-2-121, as last amended by Laws of Utah 2016, Chapter 348
60 62A-4a-102, as last amended by Laws of Utah 2019, Chapter 335
61 62A-4a-103, as last amended by Laws of Utah 2017, Chapter 323
62 62A-4a-105, as last amended by Laws of Utah 2020, Chapters 108 and 250
63 62A-4a-113, as last amended by Laws of Utah 2020, Chapter 250
64 62A-4a-114, as last amended by Laws of Utah 2013, Chapter 416
65 62A-4a-118, as last amended by Laws of Utah 2019, Chapter 335
66 62A-4a-201, as last amended by Laws of Utah 2020, Chapter 214
67 62A-4a-202.3, as last amended by Laws of Utah 2017, Chapter 459
68 62A-4a-202.4, as last amended by Laws of Utah 2009, Chapter 32
69 62A-4a-202.8, as last amended by Laws of Utah 2017, Chapter 459
70 62A-4a-203, as last amended by Laws of Utah 2008, Chapters 3 and 299
71 62A-4a-205, as last amended by Laws of Utah 2019, Chapter 335
72 62A-4a-205.5, as last amended by Laws of Utah 2010, Chapter 237
73 62A-4a-205.6, as last amended by Laws of Utah 2017, Chapter 148
74 62A-4a-206, as last amended by Laws of Utah 2018, Chapter 285
75 62A-4a-206.5, as enacted by Laws of Utah 2018, Chapter 285
76 62A-4a-207, as last amended by Laws of Utah 2014, Chapter 387
77 62A-4a-209, as last amended by Laws of Utah 2020, Chapter 250
78 62A-4a-409, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
79 62A-4a-412, as last amended by Laws of Utah 2020, Chapters 193 and 258
80 62A-4a-607, as last amended by Laws of Utah 2017, Chapter 148
81 62A-4a-711, as last amended by Laws of Utah 2019, Chapters 335 and 388
82 62A-4a-802, as last amended by Laws of Utah 2020, Chapter 170
83 62A-4a-1005, as last amended by Laws of Utah 2008, Chapters 3, 59, and 299
84 62A-4a-1006, as last amended by Laws of Utah 2020, Chapter 66
85 62A-4a-1009, as last amended by Laws of Utah 2008, Chapters 87, 299, and 382
86 62A-4a-1010, as last amended by Laws of Utah 2011, Chapter 366
87 62A-11-304.2, as last amended by Laws of Utah 2008, Chapters 3 and 382
88 62A-15-204, as last amended by Laws of Utah 2008, Chapter 3
89 62A-15-626, as last amended by Laws of Utah 2019, Chapter 419
90 62A-15-703, as last amended by Laws of Utah 2019, Chapter 256
91 63G-4-402, as last amended by Laws of Utah 2019, Chapter 335
92 63M-7-208, as enacted by Laws of Utah 2017, Chapter 330
93 67-25-201, as last amended by Laws of Utah 2013, Chapter 433
94 75-5-209, as last amended by Laws of Utah 2008, Chapter 3
95 76-3-406, as last amended by Laws of Utah 2020, Chapter 214
96 76-5-107.1, as enacted by Laws of Utah 2020, Chapter 426
97 76-5-108, as last amended by Laws of Utah 2020, Chapter 142
98 76-5-110, as last amended by Laws of Utah 2019, Chapters 136 and 335
99 76-5-401.3, as last amended by Laws of Utah 2020, Chapter 214
100 76-5-413, as last amended by Laws of Utah 2019, Chapter 211
101 76-5b-201, as last amended by Laws of Utah 2020, Chapter 296
102 76-7-301, as last amended by Laws of Utah 2019, Chapters 124 and 208
103 76-7a-101 (Contingently Effective), as enacted by Laws of Utah 2020, Chapter 279
104 76-8-306, as last amended by Laws of Utah 2009, Chapter 213
105 76-9-701, as last amended by Laws of Utah 2017, Chapter 330
106 76-10-105, as last amended by Laws of Utah 2020, Chapters 214, 302, 312, 347 and
107 last amended by Coordination Clause, Laws of Utah 2020, Chapter 214
108 76-10-503, as last amended by Laws of Utah 2017, Chapter 288
109 76-10-1315, as enacted by Laws of Utah 2020, Chapter 108
110 77-2-9, as last amended by Laws of Utah 2020, Chapter 214
111 77-16b-102, as last amended by Laws of Utah 2014, Chapter 121
112 77-37-3, as last amended by Laws of Utah 2014, Chapter 232
113 77-38-5, as last amended by Laws of Utah 2008, Chapter 3
114 77-38-14, as last amended by Laws of Utah 2020, Chapters 54 and 218
115 77-38a-102, as last amended by Laws of Utah 2020, Chapter 214
116 77-40-101.5, as enacted by Laws of Utah 2020, Chapter 218
117 77-41-112, as last amended by Laws of Utah 2019, Chapter 382
118 78A-2-104, as last amended by Laws of Utah 2020, Chapter 389
119 78A-2-301, as last amended by Laws of Utah 2020, Chapter 230
120 78A-2-601, as last amended by Laws of Utah 2020, Chapter 230
121 78A-2-702, as enacted by Laws of Utah 2014, Chapter 267
122 78A-5-102, as last amended by Laws of Utah 2020, Chapter 214
123 78A-7-106, as last amended by Laws of Utah 2020, Chapters 214 and 312
124 78B-3-406, as last amended by Laws of Utah 2019, Chapter 346
125 78B-6-112, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
126 78B-6-117, as last amended by Laws of Utah 2020, Chapter 250
127 78B-6-121, as last amended by Laws of Utah 2015, Chapter 194
128 78B-6-131, as last amended by Laws of Utah 2012, Chapter 293
129 78B-6-133, as last amended by Laws of Utah 2020, Chapter 354
130 78B-6-138, as last amended by Laws of Utah 2018, Chapter 43
131 78B-6-141 (Superseded 11/01/21), as last amended by Laws of Utah 2018, Chapter 30
132 78B-6-141 (Effective 11/01/21), as last amended by Laws of Utah 2020, Chapter 323
133 78B-6-203, as renumbered and amended by Laws of Utah 2008, Chapter 3
134 78B-6-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
135 78B-7-102, as last amended by Laws of Utah 2020, Chapters 142 and 287
136 78B-7-108, as last amended by Laws of Utah 2018, Chapter 255
137 78B-7-201, as last amended by Laws of Utah 2020, Chapter 142
138 78B-7-202, as last amended by Laws of Utah 2020, Chapter 142
139 78B-7-203, as last amended by Laws of Utah 2020, Chapter 142
140 78B-7-204, as last amended by Laws of Utah 2020, Chapter 142
141 78B-7-409, as last amended by Laws of Utah 2020, Chapter 142
142 78B-7-603, as renumbered and amended by Laws of Utah 2020, Chapter 142
143 78B-7-702, as renumbered and amended by Laws of Utah 2020, Chapter 142
144 78B-11-121, as renumbered and amended by Laws of Utah 2008, Chapter 3
145 78B-12-219, as renumbered and amended by Laws of Utah 2008, Chapter 3
146 78B-15-612, as last amended by Laws of Utah 2015, Chapter 258
147 78B-22-102, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
148 78B-22-201, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
149 78B-22-406, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
150 78B-22-801, as enacted by Laws of Utah 2020, Chapter 395
151 78B-22-803, as renumbered and amended by Laws of Utah 2020, Chapter 395 and last
152 amended by Coordination Clause, Laws of Utah 2020, Chapter 395
153 Utah Code Sections Affected by Coordination Clause:
154 62A-4a-412, as last amended by Laws of Utah 2020, Chapters 193 and 258
155 77-37-3, as last amended by Laws of Utah 2014, Chapter 232
156 78B-22-102, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
157 78B-22-801, as enacted by Laws of Utah 2020, Chapter 395
158
159 Be it enacted by the Legislature of the state of Utah:
160 Section 1. Section 17-18a-404 is amended to read:
161 17-18a-404. Juvenile proceedings.
162 For a proceeding involving an offense committed by a minor as defined in Section
163 [
164 (1) review cases in accordance with [
165
166 (2) appear and prosecute for the state in the juvenile court of the county.
167 Section 2. Section 26-2-22 (Superseded 11/01/21) is amended to read:
168 26-2-22 (Superseded 11/01/21). Inspection of vital records.
169 (1) As used in this section:
170 (a) "Designated legal representative" means an attorney, physician, funeral service
171 director, genealogist, or other agent of the subject, or an immediate family member of the
172 subject, who has been delegated the authority to access vital records.
173 (b) "Drug use intervention or suicide prevention effort" means a program that studies
174 or promotes the prevention of drug overdose deaths or suicides in the state.
175 (c) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
176 grandchild.
177 (2) (a) The vital records shall be open to inspection, but only in compliance with the
178 provisions of this chapter, department rules, and Sections 78B-6-141 and 78B-6-144.
179 (b) It is unlawful for any state or local officer or employee to disclose data contained in
180 vital records contrary to this chapter, department rule, Section 78B-6-141, or Section
181 78B-6-144.
182 (c) (i) An adoption document is open to inspection as provided in Section 78B-6-141
183 or Section 78B-6-144.
184 (ii) A birth parent may not access an adoption document under Subsection
185 78B-6-141(3).
186 (d) A custodian of vital records may permit inspection of a vital record or issue a
187 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
188 has demonstrated a direct, tangible, and legitimate interest.
189 (3) Except as provided in Subsection (4), a direct, tangible, and legitimate interest in a
190 vital record is present only if:
191 (a) the request is from:
192 (i) the subject;
193 (ii) an immediate family member of the subject;
194 (iii) the guardian of the subject;
195 (iv) a designated legal representative of the subject; or
196 (v) a person, including a child-placing agency as defined in Section 78B-6-103, with
197 whom a child has been placed pending finalization of an adoption of the child;
198 (b) the request involves a personal or property right of the subject of the record;
199 (c) the request is for official purposes of a public health authority or a state, local, or
200 federal governmental agency;
201 (d) the request is for a drug use intervention or suicide prevention effort or a statistical
202 or medical research program and prior consent has been obtained from the state registrar; or
203 (e) the request is a certified copy of an order of a court of record specifying the record
204 to be examined or copied.
205 (4) (a) Except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent,
206 or an immediate family member of a parent, who does not have legal or physical custody of or
207 visitation or parent-time rights for a child because of the termination of parental rights
208 [
209 and Restoration of Parental Rights, or by virtue of consenting to or relinquishing a child for
210 adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act, may not be considered
211 as having a direct, tangible, and legitimate interest under this section.
212 (b) Except as provided in Subsection (2)(d), a commercial firm or agency requesting
213 names, addresses, or similar information may not be considered as having a direct, tangible,
214 and legitimate interest under this section.
215 (5) Upon payment of a fee established in accordance with Section 63J-1-504, the office
216 shall make the following records available to the public:
217 (a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding
218 confidential information collected for medical and health use, if 100 years or more have passed
219 since the date of birth;
220 (b) a death record if 50 years or more have passed since the date of death; and
221 (c) a vital record not subject to Subsection (5)(a) or (b) if 75 years or more have passed
222 since the date of the event upon which the record is based.
223 (6) Upon payment of a fee established in accordance with Section 63J-1-504, the office
224 shall make an adoption document available as provided in Sections 78B-6-141 and 78B-6-144.
225 (7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
226 Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
227 (a) for a birth parent's election to permit identifying information about the birth parent
228 to be made available under Section 78B-6-141;
229 (b) for the release of information by the mutual-consent, voluntary adoption registry,
230 under Section 78B-6-144;
231 (c) for collecting fees and donations under Section 78B-6-144.5; and
232 (d) for the review and approval of a request described in Subsection (3)(d).
233 Section 3. Section 26-2-22 (Effective 11/01/21) is amended to read:
234 26-2-22 (Effective 11/01/21). Inspection of vital records.
235 (1) As used in this section:
236 (a) "Designated legal representative" means an attorney, physician, funeral service
237 director, genealogist, or other agent of the subject, or an immediate family member of the
238 subject, who has been delegated the authority to access vital records.
239 (b) "Drug use intervention or suicide prevention effort" means a program that studies
240 or promotes the prevention of drug overdose deaths or suicides in the state.
241 (c) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
242 grandchild.
243 (2) (a) The vital records shall be open to inspection, but only in compliance with the
244 provisions of this chapter, department rules, and Sections 78B-6-141 and 78B-6-144.
245 (b) It is unlawful for any state or local officer or employee to disclose data contained in
246 vital records contrary to this chapter, department rule, Section 78B-6-141, or Section
247 78B-6-144.
248 (c) (i) An adoption document is open to inspection as provided in Section 78B-6-141
249 or Section 78B-6-144.
250 (ii) A birth parent may not access an adoption document under Subsection
251 78B-6-141(3).
252 (d) A custodian of vital records may permit inspection of a vital record or issue a
253 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
254 has demonstrated a direct, tangible, and legitimate interest.
255 (3) Except as provided in Subsection (4), a direct, tangible, and legitimate interest in a
256 vital record is present only if:
257 (a) the request is from:
258 (i) the subject;
259 (ii) an immediate family member of the subject;
260 (iii) the guardian of the subject;
261 (iv) a designated legal representative of the subject; or
262 (v) a person, including a child-placing agency as defined in Section 78B-6-103, with
263 whom a child has been placed pending finalization of an adoption of the child;
264 (b) the request involves a personal or property right of the subject of the record;
265 (c) the request is for official purposes of a public health authority or a state, local, or
266 federal governmental agency;
267 (d) the request is for a drug use intervention or suicide prevention effort or a statistical
268 or medical research program and prior consent has been obtained from the state registrar; or
269 (e) the request is a certified copy of an order of a court of record specifying the record
270 to be examined or copied.
271 (4) (a) Except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent,
272 or an immediate family member of a parent, who does not have legal or physical custody of or
273 visitation or parent-time rights for a child because of the termination of parental rights
274 [
275 and Restoration of Parental Rights, or by virtue of consenting to or relinquishing a child for
276 adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act, may not be considered
277 as having a direct, tangible, and legitimate interest under this section.
278 (b) Except as provided in Subsection (2)(d), a commercial firm or agency requesting
279 names, addresses, or similar information may not be considered as having a direct, tangible,
280 and legitimate interest under this section.
281 (5) Upon payment of a fee established in accordance with Section 63J-1-504, the office
282 shall make the following records available to the public:
283 (a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding
284 confidential information collected for medical and health use, if 100 years or more have passed
285 since the date of birth;
286 (b) a death record if 50 years or more have passed since the date of death; and
287 (c) a vital record not subject to Subsection (5)(a) or (b) if 75 years or more have passed
288 since the date of the event upon which the record is based.
289 (6) Upon payment of a fee established in accordance with Section 63J-1-504, the office
290 shall make an adoption document available as provided in Sections 78B-6-141 and 78B-6-144.
291 (7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
292 Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
293 (a) for the inspection of adoption documents under Subsection 78B-6-141(4);
294 (b) for a birth parent's election to permit identifying information about the birth parent
295 to be made available, under Section 78B-6-141;
296 (c) for the release of information by the mutual-consent, voluntary adoption registry,
297 under Section 78B-6-144;
298 (d) for collecting fees and donations under Section 78B-6-144.5; and
299 (e) for the review and approval of a request described in Subsection (3)(d).
300 Section 4. Section 26-8a-310 is amended to read:
301 26-8a-310. Background clearance for emergency medical service personnel.
302 (1) The department shall determine whether to grant background clearance for an
303 individual seeking licensure under Section 26-8a-302 from whom it receives:
304 (a) the individual's social security number, fingerprints, and other personal
305 identification information specified by the department under Subsection (4); and
306 (b) any fees established by the department under Subsection (10).
307 (2) The department shall determine whether to deny or revoke background clearance
308 for individuals for whom it has previously granted background clearance.
309 (3) The department shall determine whether to grant, deny, or revoke background
310 clearance for an individual based on an initial and ongoing evaluation of information the
311 department obtains under Subsections (5) and (11), which, at a minimum, shall include an
312 initial criminal background check of state, regional, and national databases using the
313 individual's fingerprints.
314 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
315 Administrative Rulemaking Act, that specify:
316 (a) the criteria the department will use under Subsection (3) to determine whether to
317 grant, deny, or revoke background clearance; and
318 (b) the other personal identification information an individual seeking licensure under
319 Section 26-8a-302 must submit under Subsection (1).
320 (5) To determine whether to grant, deny, or revoke background clearance, the
321 department may access and evaluate any of the following:
322 (a) Department of Public Safety arrest, conviction, and disposition records described in
323 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
324 information in state, regional, and national records files;
325 (b) adjudications by a juvenile court of committing an act that if committed by an adult
326 would be a felony or misdemeanor, if:
327 (i) the applicant is under 28 years [
328 (ii) the applicant:
329 (A) is over 28 years [
330 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
331 abeyance or diversion agreement for a felony or misdemeanor;
332 (c) juvenile court arrest, adjudication, and disposition records, other than those under
333 Subsection (5)(b), as allowed under Section 78A-6-209;
334 (d) child abuse or neglect findings described in Section [
335 (e) the Department of Human Services' Division of Child and Family Services
336 Licensing Information System described in Section 62A-4a-1006;
337 (f) the Department of Human Services' Division of Aging and Adult Services database
338 of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 62A-3-311.1;
339 (g) Division of Occupational and Professional Licensing records of licensing and
340 certification under Title 58, Occupations and Professions;
341 (h) records in other federal criminal background databases available to the state; and
342 (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
343 pending diversion agreements, or dispositions.
344 (6) Except for the Department of Public Safety, an agency may not charge the
345 department for information accessed under Subsection (5).
346 (7) When evaluating information under Subsection (3), the department shall classify a
347 crime committed in another state according to the closest matching crime under Utah law,
348 regardless of how the crime is classified in the state where the crime was committed.
349 (8) The department shall adopt measures to protect the security of information it
350 accesses under Subsection (5), which shall include limiting access by department employees to
351 those responsible for acquiring, evaluating, or otherwise processing the information.
352 (9) The department may disclose personal identification information it receives under
353 Subsection (1) to the Department of Human Services to verify that the subject of the
354 information is not identified as a perpetrator or offender in the information sources described in
355 Subsections (5)(d) through (f).
356 (10) The department may charge fees, in accordance with Section 63J-1-504, to pay
357 for:
358 (a) the cost of obtaining, storing, and evaluating information needed under Subsection
359 (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
360 background clearance; and
361 (b) other department costs related to granting, denying, or revoking background
362 clearance.
363 (11) The Criminal Investigations and Technical Services Division within the
364 Department of Public Safety shall:
365 (a) retain, separate from other division records, personal information under Subsection
366 (1), including any fingerprints sent to it by the Department of Health; and
367 (b) notify the Department of Health upon receiving notice that an individual for whom
368 personal information has been retained is the subject of:
369 (i) a warrant for arrest;
370 (ii) an arrest;
371 (iii) a conviction, including a plea in abeyance; or
372 (iv) a pending diversion agreement.
373 (12) The department shall use the Direct Access Clearance System database created
374 under Section 26-21-209 to manage information about the background clearance status of each
375 individual for whom the department is required to make a determination under Subsection (1).
376 (13) Clearance granted for an individual licensed under Section 26-8a-302 is valid until
377 two years after the day on which the individual is no longer licensed in Utah as emergency
378 medical service personnel.
379 Section 5. Section 26-10-9 is amended to read:
380 26-10-9. Immunizations -- Consent of minor to treatment.
381 (1) This section:
382 (a) is not intended to interfere with the integrity of the family or to minimize the rights
383 of parents or children; and
384 (b) applies to a minor, who at the time care is sought is:
385 (i) married or has been married;
386 (ii) emancipated as provided for in Section [
387 (iii) a parent with custody of a minor child; or
388 (iv) pregnant.
389 (2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
390 (i) vaccinations against epidemic infections and communicable diseases as defined in
391 Section 26-6-2; and
392 (ii) examinations and vaccinations required to attend school as provided in Title 53G,
393 Public Education System -- Local Administration.
394 (b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
395 vaccinations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
396 papillomavirus only if:
397 (i) the minor represents to the health care provider that the minor is an abandoned
398 minor as defined in Section 76-5-109; and
399 (ii) the health care provider makes a notation in the minor's chart that the minor
400 represented to the health care provider that the minor is an abandoned minor under Section
401 76-5-109.
402 (c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
403 minor.
404 (3) The consent of the minor pursuant to this section:
405 (a) is not subject to later disaffirmance because of the minority of the person receiving
406 the medical services;
407 (b) is not voidable because of minority at the time the medical services were provided;
408 (c) has the same legal effect upon the minor and the same legal obligations with regard
409 to the giving of consent as consent given by a person of full age and capacity; and
410 (d) does not require the consent of any other person or persons to authorize the medical
411 services described in Subsections (2)(a) and (b).
412 (4) A health care provider who provides medical services to a minor in accordance
413 with the provisions of this section is not subject to civil or criminal liability for providing the
414 services described in Subsections (2)(a) and (b) without obtaining the consent of another
415 person prior to rendering the medical services.
416 (5) This section does not remove the requirement for parental consent or notice when
417 required by Section 76-7-304 or 76-7-304.5.
418 (6) The parents, parent, or legal guardian of a minor who receives medical services
419 pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
420 the parents, parent, or legal guardian consented to the medical services.
421 Section 6. Section 26-21-204 is amended to read:
422 26-21-204. Clearance.
423 (1) The department shall determine whether to grant clearance for each applicant for
424 whom it receives:
425 (a) the personal identification information specified by the department under
426 Subsection 26-21-204(4)(b); and
427 (b) any fees established by the department under Subsection 26-21-204(9).
428 (2) The department shall establish a procedure for obtaining and evaluating relevant
429 information concerning covered individuals, including fingerprinting the applicant and
430 submitting the prints to the Criminal Investigations and Technical Services Division of the
431 Department of Public Safety for checking against applicable state, regional, and national
432 criminal records files.
433 (3) The department may review the following sources to determine whether an
434 individual should be granted or retain clearance, which may include:
435 (a) Department of Public Safety arrest, conviction, and disposition records described in
436 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
437 information in state, regional, and national records files;
438 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
439 Section 78A-6-209;
440 (c) federal criminal background databases available to the state;
441 (d) the Department of Human Services' Division of Child and Family Services
442 Licensing Information System described in Section 62A-4a-1006;
443 (e) child abuse or neglect findings described in Section [
444 (f) the Department of Human Services' Division of Aging and Adult Services
445 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
446 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
447 (h) licensing and certification records of individuals licensed or certified by the
448 Division of Occupational and Professional Licensing under Title 58, Occupations and
449 Professions; and
450 (i) the List of Excluded Individuals and Entities database maintained by the United
451 States Department of Health and Human Services' Office of Inspector General.
452 (4) The department shall adopt rules that:
453 (a) specify the criteria the department will use to determine whether an individual is
454 granted or retains clearance:
455 (i) based on an initial evaluation and ongoing review of information under Subsection
456 (3); and
457 (ii) including consideration of the relationship the following may have to patient and
458 resident protection:
459 (A) warrants for arrest;
460 (B) arrests;
461 (C) convictions, including pleas in abeyance;
462 (D) pending diversion agreements;
463 (E) adjudications by a juvenile court [
464
465 years [
466 abeyance or diversion agreement for a felony or misdemeanor, or the individual is under 28
467 years [
468 (F) any other findings under Subsection (3); and
469 (b) specify the personal identification information that must be submitted by an
470 individual or covered body with an application for clearance, including:
471 (i) the applicant's Social Security number; and
472 (ii) fingerprints.
473 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
474 in another state according to the closest matching crime under Utah law, regardless of how the
475 crime is classified in the state where the crime was committed.
476 (6) The Department of Public Safety, the Administrative Office of the Courts, the
477 Department of Human Services, the Division of Occupational and Professional Licensing, and
478 any other state agency or political subdivision of the state:
479 (a) shall allow the department to review the information the department may review
480 under Subsection (3); and
481 (b) except for the Department of Public Safety, may not charge the department for
482 access to the information.
483 (7) The department shall adopt measures to protect the security of the information it
484 reviews under Subsection (3) and strictly limit access to the information to department
485 employees responsible for processing an application for clearance.
486 (8) The department may disclose personal identification information specified under
487 Subsection (4)(b) to the Department of Human Services to verify that the subject of the
488 information is not identified as a perpetrator or offender in the information sources described in
489 Subsections (3)(d) through (f).
490 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
491 application for clearance, which may include:
492 (a) the cost of obtaining and reviewing information under Subsection (3);
493 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
494 System database under Section 26-21-209; and
495 (c) other department costs related to the processing of the application and the ongoing
496 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
497 retained.
498 Section 7. Section 30-5a-103 is amended to read:
499 30-5a-103. Custody and visitation for individuals other than a parent.
500 (1) (a) In accordance with Section 62A-4a-201, it is the public policy of this state that a
501 parent retain the fundamental right and duty to exercise primary control over the care,
502 supervision, upbringing, and education of the parent's children.
503 (b) There is a rebuttable presumption that a parent's decisions are in the child's best
504 interests.
505 (2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
506 visitation rights to an individual other than a parent who, by clear and convincing evidence,
507 establishes that:
508 (a) the individual has intentionally assumed the role and obligations of a parent;
509 (b) the individual and the child have formed a substantial emotional bond and created a
510 parent-child type relationship;
511 (c) the individual substantially contributed emotionally or financially to the child's well
512 being;
513 (d) the assumption of the parental role is not the result of a financially compensated
514 surrogate care arrangement;
515 (e) the continuation of the relationship between the individual and the child is in the
516 child's best interest;
517 (f) the loss or cessation of the relationship between the individual and the child would
518 substantially harm the child; and
519 (g) the parent:
520 (i) is absent; or
521 (ii) is found by a court to have abused or neglected the child.
522 (3) A proceeding under this chapter may be commenced by filing a verified petition, or
523 petition supported by an affidavit, in the juvenile court if a matter is pending, or in the district
524 court in the county where the child:
525 (a) currently resides; or
526 (b) lived with a parent or an individual other than a parent who acted as a parent within
527 six months before the commencement of the action.
528 (4) A proceeding under this chapter may be filed in a pending divorce, parentage
529 action, or other proceeding, including a proceeding in the juvenile court involving custody of or
530 visitation with a child.
531 (5) The petition shall include detailed facts supporting the petitioner's right to file the
532 petition including the criteria set forth in Subsection (2) and residency information as set forth
533 in Section 78B-13-209.
534 (6) A proceeding under this chapter may not be filed against a parent who is actively
535 serving outside the state in any branch of the military.
536 (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
537 the rules of civil procedure on all of the following:
538 (a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
539 (b) any individual who has court-ordered custody or visitation rights;
540 (c) the child's guardian;
541 (d) the guardian ad litem, if one has been appointed;
542 (e) an individual or agency that has physical custody of the child or that claims to have
543 custody or visitation rights; and
544 (f) any other individual or agency that has previously appeared in any action regarding
545 custody of or visitation with the child.
546 (8) The court may order a custody evaluation to be conducted in any action brought
547 under this chapter.
548 (9) The court may enter temporary orders in an action brought under this chapter
549 pending the entry of final orders.
550 (10) Except as provided in Subsection (11), a court may not grant custody of a child
551 under this section to an individual who is not the parent of the child and who, before a custody
552 order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony
553 involving conduct that constitutes any of the following:
554 (a) child abuse, as described in Section 76-5-109;
555 (b) child abuse homicide, as described in Section 76-5-208;
556 (c) child kidnapping, as described in Section 76-5-301.1;
557 (d) human trafficking of a child, as described in Section 76-5-308.5;
558 (e) sexual abuse of a minor, as described in Section 76-5-401.1;
559 (f) rape of a child, as described in Section 76-5-402.1;
560 (g) object rape of a child, as described in Section 76-5-402.3;
561 (h) sodomy on a child, as described in Section 76-5-403.1;
562 (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
563 Section 76-5-404.1;
564 (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
565 (k) an offense in another state that, if committed in this state, would constitute an
566 offense described in this Subsection (10).
567 (11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
568 listed in Subsection (10) that prevents a court from granting custody except as provided in this
569 Subsection (11).
570 (b) An individual described in Subsection (10) may only be considered for custody of a
571 child if the following criteria are met by clear and convincing evidence:
572 (i) the individual is a relative, as defined in Section [
573 (ii) at least 10 years have elapsed from the day on which the individual is successfully
574 released from prison, jail, parole, or probation related to a disqualifying offense;
575 (iii) during the 10 years before the day on which the individual files a petition with the
576 court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
577 an offense greater than an infraction or traffic violation that would likely impact the health,
578 safety, or well-being of the child;
579 (iv) the individual can provide evidence of successful treatment or rehabilitation
580 directly related to the disqualifying offense;
581 (v) the court determines that the risk related to the disqualifying offense is unlikely to
582 cause harm, as defined in Section [
583 currently or at any time in the future when considering all of the following:
584 (A) the child's age;
585 (B) the child's gender;
586 (C) the child's development;
587 (D) the nature and seriousness of the disqualifying offense;
588 (E) the preferences of a child 12 years old or older;
589 (F) any available assessments, including custody evaluations, parenting assessments,
590 psychological or mental health assessments, and bonding assessments; and
591 (G) any other relevant information;
592 (vi) the individual can provide evidence of the following:
593 (A) the relationship with the child is of long duration;
594 (B) that an emotional bond exists with the child; and
595 (C) that custody by the individual who has committed the disqualifying offense ensures
596 the best interests of the child are met;
597 (vii) (A) there is no other responsible relative known to the court who has or likely
598 could develop an emotional bond with the child and does not have a disqualifying offense; or
599 (B) if there is a responsible relative known to the court that does not have a
600 disqualifying offense, Subsection (11)(d) applies; and
601 (viii) that the continuation of the relationship between the individual with the
602 disqualifying offense and the child could not be sufficiently maintained through any type of
603 visitation if custody were given to the relative with no disqualifying offense described in
604 Subsection (11)(d).
605 (c) The individual with the disqualifying offense bears the burden of proof regarding
606 why placement with that individual is in the best interest of the child over another responsible
607 relative or equally situated individual who does not have a disqualifying offense.
608 (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
609 to the court who does not have a disqualifying offense:
610 (i) preference for custody is given to a relative who does not have a disqualifying
611 offense; and
612 (ii) before the court may place custody with the individual who has the disqualifying
613 offense over another responsible, willing, and able relative:
614 (A) an impartial custody evaluation shall be completed; and
615 (B) a guardian ad litem shall be assigned.
616 (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
617 final decision on custody has not been made and to a case filed on or after March 25, 2017.
618 Section 8. Section 32B-4-409 is amended to read:
619 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
620 amounts in body.
621 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
622 (a) purchase an alcoholic product;
623 (b) attempt to purchase an alcoholic product;
624 (c) solicit another person to purchase an alcoholic product;
625 (d) possess an alcoholic product;
626 (e) consume an alcoholic product; or
627 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
628 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
629 product for a minor for:
630 (a) a minor to misrepresent the minor's age; or
631 (b) any other person to misrepresent the age of a minor.
632 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
633 in a limousine or chartered bus.
634 (4) (a) If a minor is found by a court to have violated this section and the violation is
635 the minor's first violation of this section, the court may:
636 (i) order the minor to complete a screening as defined in Section 41-6a-501;
637 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
638 screening indicates an assessment to be appropriate; and
639 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
640 or substance use disorder treatment as indicated by an assessment.
641 (b) If a minor is found by a court to have violated this section and the violation is the
642 minor's second or subsequent violation of this section, the court shall:
643 (i) order the minor to complete a screening as defined in Section 41-6a-501;
644 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
645 screening indicates an assessment to be appropriate; and
646 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
647 or substance use disorder treatment as indicated by an assessment.
648 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
649 found by a court to have violated this section, except as provided in Section 32B-4-411, the
650 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
651 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
652 suspension period required under Section 53-3-219 if:
653 (i) the violation is the minor's first violation of this section; and
654 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
655 (B) the minor demonstrates substantial progress in substance use disorder treatment.
656 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
657 requirements of Section 53-3-219, the court may reduce the suspension period required under
658 Section 53-3-219 if:
659 (i) the violation is the minor's second or subsequent violation of this section;
660 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
661 demonstrated substantial progress in substance use disorder treatment; and
662 (iii) (A) the person is 18 years [
663 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
664 consecutive period during the suspension period imposed under Subsection (5)(a); or
665 (B) the person is under 18 years [
666 guardian provide an affidavit or sworn statement to the court certifying that to the parent or
667 legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at
668 least a one-year consecutive period during the suspension period imposed under Subsection
669 (5)(a).
670 (6) When a minor who is younger than 18 years old is found by the court to have
671 violated this section, Section [
672 (7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
673 [
674 educational series if the minor has an assessed need for the intervention on the basis of the
675 results of a validated assessment.
676 (8) When a court issues an order suspending a person's driving privileges for a
677 violation of this section, the Driver License Division shall suspend the person's license under
678 Section 53-3-219.
679 (9) When the Department of Public Safety receives the arrest or conviction record of a
680 person for a driving offense committed while the person's license is suspended pursuant to this
681 section, the Department of Public Safety shall extend the suspension for an additional like
682 period of time.
683 (10) This section does not apply to a minor's consumption of an alcoholic product in
684 accordance with this title:
685 (a) for medicinal purposes if:
686 (i) the minor is at least 18 years old; or
687 (ii) the alcoholic product is furnished by:
688 (A) the parent or guardian of the minor; or
689 (B) the minor's health care practitioner, if the health care practitioner is authorized by
690 law to write a prescription; or
691 (b) as part of a religious organization's religious services.
692 Section 9. Section 32B-4-410 is amended to read:
693 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
694 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
695 premises of:
696 (a) a tavern; or
697 (b) a bar licensee, except to the extent authorized by Section 32B-6-406.1.
698 (2) A minor who violates this section is guilty of a class C misdemeanor.
699 (3) (a) If a minor is found by a court to have violated this section and the violation is
700 the minor's first violation of this section, the court may:
701 (i) order the minor to complete a screening as defined in Section 41-6a-501;
702 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
703 screening indicates an assessment to be appropriate; and
704 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
705 or substance use disorder treatment as indicated by an assessment.
706 (b) If a minor is found by a court to have violated this section and the violation is the
707 minor's second or subsequent violation of this section, the court shall:
708 (i) order the minor to complete a screening as defined in Section 41-6a-501;
709 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
710 screening indicates an assessment to be appropriate; and
711 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
712 or substance use disorder treatment as indicated by an assessment.
713 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
714 found by a court to have violated this section, except as provided in Section 32B-4-411, the
715 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
716 (b) Notwithstanding Subsection (4)(a), the court may reduce the suspension period
717 required under Section 53-3-219 if:
718 (i) the violation is the minor's first violation of this section; and
719 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
720 (B) the minor demonstrates substantial progress in substance use disorder treatment.
721 (c) Notwithstanding Subsection (4)(a) and in accordance with Section 53-3-219, the
722 court may reduce the suspension period required under Section 53-3-219 if:
723 (i) the violation is the minor's second or subsequent violation of this section;
724 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
725 demonstrated substantial progress in substance use disorder treatment; and
726 (iii) (A) the person is 18 years [
727 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
728 consecutive period during the suspension period imposed under Subsection (4)(a); or
729 (B) the person is under 18 years [
730 guardian provide an affidavit or sworn statement to the court certifying that to the parent or
731 legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at
732 least a one-year consecutive period during the suspension period imposed under Subsection
733 (4)(a).
734 (5) When a minor who is younger than 18 years old is found by a court to have violated
735 this section, Section [
736 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
737 [
738 educational series if the minor has an assessed need for the intervention on the basis of the
739 results of a validated assessment.
740 (7) When a court issues an order suspending a person's driving privileges for a
741 violation of this section, the Driver License Division shall suspend the person's license under
742 Section 53-3-219.
743 (8) When the Department of Public Safety receives the arrest or conviction record of a
744 person for a driving offense committed while the person's license is suspended pursuant to this
745 section, the Department of Public Safety shall extend the suspension for an additional like
746 period of time.
747 Section 10. Section 32B-4-411 is amended to read:
748 32B-4-411. Minor's unlawful use of proof of age.
749 (1) As used in this section, "proof of age violation" means a violation by a minor of:
750 (a) Chapter 1, Part 4, Proof of Age Act; or
751 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
752 Part 4, Proof of Age Act:
753 (i) Section 32B-4-409; or
754 (ii) Section 32B-4-410.
755 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
756 penalties provided for in Subsection (1):
757 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
758 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
759 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
760 except that the court may impose:
761 (A) a fine of up to $5,000;
762 (B) screening, assessment, or substance use disorder treatment, as defined in Section
763 41-6a-501;
764 (C) an educational series, as defined in Section 41-6a-501;
765 (D) alcoholic product related community service or compensatory service work
766 program hours;
767 (E) fees for restitution and treatment costs;
768 (F) defensive driver education courses; or
769 (G) a combination of these penalties;[
770 (b) (i) for a minor who is younger than 18 years old:
771 (A) the court may forward to the Driver License Division a record of an adjudication
772 under [
773 section; and
774 (B) the provisions regarding suspension of a driver license under Section [
775 80-6-707 apply; and
776 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
777 (A) the court shall forward to the Driver License Division a record of conviction for a
778 violation under this section; and
779 (B) the Driver License Division shall suspend the person's license under Section
780 53-3-220[
781 (c) [
782 under Section [
783 (i) substance use disorder treatment or an educational series only if the minor has an
784 assessed need for the intervention based on the results of a validated assessment; and
785 (ii) a fine, fee, service hours, or costs in accordance with Section [
786 80-6-709.
787 (3) (a) Notwithstanding Subsection (2)(b), the court may reduce the suspension period
788 under Subsection 53-3-220(1)(e) or [
789 (i) the violation is the minor's first violation of this section; and
790 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
791 (B) the minor demonstrates substantial progress in substance use disorder treatment.
792 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
793 suspension period under Subsection 53-3-220(1)(e) or [
794 if:
795 (i) the violation is the minor's second or subsequent violation of this section;
796 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
797 demonstrated substantial progress in substance use disorder treatment; and
798 (iii) (A) the person is 18 years [
799 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
800 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
801 [
802 (B) the minor is under 18 years [
803 guardian provide an affidavit or sworn statement to the court certifying that to the parent or
804 legal guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least
805 a one-year consecutive period during the suspension period imposed under Subsection
806 53-3-220(1)(e) or [
807 (4) When the Department of Public Safety receives the arrest or conviction record of an
808 individual for a driving offense committed while the individual's license is suspended pursuant
809 to this section, the Department of Public Safety shall extend the suspension for an additional
810 like period of time.
811 (5) A court may not fail to enter a judgment of conviction under this section under a
812 plea in abeyance agreement.
813 Section 11. Section 51-9-401 is amended to read:
814 51-9-401. Surcharge -- Application.
815 (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
816 imposed by the courts.
817 (b) The surcharge shall be:
818 (i) 90% upon conviction of a:
819 (A) felony;
820 (B) class A misdemeanor;
821 (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
822 Driving; or
823 (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
824 violation of comparable county or municipal ordinances; or
825 (ii) 35% upon conviction of any other offense, including violation of county or
826 municipal ordinances not subject to the 90% surcharge.
827 (c) The Division of Finance shall deposit into the General Fund an amount equal to the
828 amount that the state retains under Section [
829 (2) The surcharge may not be imposed:
830 (a) upon nonmoving traffic violations;
831 (b) upon court orders when the offender is ordered to perform compensatory service
832 work in lieu of paying a fine; and
833 (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
834 of a case under Section 78A-6-602.
835 (3) (a) The surcharge and the exceptions under Subsections (1) and (2) apply to all
836 fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
837 committed by an adult.
838 (b) Notwithstanding Subsection (3)(a), the surcharge does not include amounts assessed
839 or collected separately by juvenile courts for the Juvenile Restitution Account, which is
840 independent of this part and does not affect the imposition or collection of the surcharge.
841 (4) The surcharge under this section shall be imposed in addition to the fine charged
842 for a civil or criminal offense, and no reduction may be made in the fine charged due to the
843 surcharge imposition.
844 (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
845 authorized and managed by this part rather than attached to particular offenses.
846 Section 12. Section 51-9-408 is amended to read:
847 51-9-408. Children's Legal Defense Account.
848 (1) There is created a restricted account within the General Fund known as the
849 Children's Legal Defense Account.
850 (2) The purpose of the Children's Legal Defense Account is to provide for programs
851 that protect and defend the rights, safety, and quality of life of children.
852 (3) (a) The Legislature shall appropriate money from the account for the administrative
853 and related costs of the following programs:
854 [
855 Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4,
856 30-3-10.3, 30-3-11.3, and the Mediation Program - Child Custody or Parent-time;
857 [
858 Sections 78A-2-703, 78A-2-705, [
859 (iii) the training of attorney guardians ad litem and volunteers as provided in Section
860 [
861
862
863
864 [
865 Program as provided in Section 30-3-38; and
866 [
867 (b) The Children's Legal Defense Account may not be used to supplant funding for the
868 guardian ad litem program under Section 78A-2-803.
869 (4) The following withheld fees shall be allocated only to the Children's Legal Defense
870 Account and used only for the purposes provided in Subsections (3)(a)(i) through [
871 (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
872 as provided in Section 17-16-21; and
873 (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
874 complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
875 (5) The Division of Finance shall allocate the money described in Subsection (4) from
876 the General Fund to the Children's Legal Defense Account.
877 (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
878 of any fiscal year shall lapse into the General Fund.
879 Section 13. Section 53-3-204 is amended to read:
880 53-3-204. Persons who may not be licensed.
881 (1) (a) The division may not license a person who:
882 (i) is younger than 16 years [
883 (ii) if the person is 18 years [
884 driver training approved by the commissioner;
885 (iii) if the person is 19 years [
886 (A) a course in driver training approved by the commissioner; or
887 (B) the requirements under Subsection 53-3-210.5(6)(c);
888 (iv) if the person is a minor as defined in Section 53-3-211, has not completed the
889 driving requirement under Section 53-3-211;
890 (v) is not a resident of the state, unless the person:
891 (A) is issued a temporary CDL under Subsection 53-3-407(2)(b) prior to July 1, 2015;
892 or
893 (B) qualifies for a non-domiciled CDL as defined in 49 C.F.R. Part 383;
894 (vi) if the person is 17 years [
895 issued under Section 53-3-210.5 or an equivalent by another state or branch of the United
896 States Armed Forces for six months; or
897 (vii) is younger than 18 years [
898 383.
899 (b) Subsections (1)(a)(i), (ii), (iii), (iv), and (vi) do not apply to a person:
900 (i) who has been licensed before July 1, 1967; or
901 (ii) who is 16 years [
902 licensed in another state or country.
903 (2) The division may not issue a license certificate to a person:
904 (a) whose license has been suspended, denied, cancelled, or disqualified during the
905 period of suspension, denial, cancellation, or disqualification;
906 (b) whose privilege has been revoked, except as provided in Section 53-3-225;
907 (c) who has previously been adjudged mentally incompetent and who has not at the
908 time of application been restored to competency as provided by law;
909 (d) who is required by this chapter to take an examination unless the person
910 successfully passes the examination;
911 (e) whose driving privileges have been denied or suspended under:
912 (i) Section [
913 (ii) Section 53-3-231; or
914 (f) beginning on or after July 1, 2012, who holds an unexpired Utah identification card
915 issued under Part 8, Identification Card Act, unless:
916 (i) the Utah identification card is canceled; and
917 (ii) if the Utah identification card is in the person's possession, the Utah identification
918 card is surrendered to the division.
919 (3) (a) Except as provided in Subsection (3)(c), the division may not grant a motorcycle
920 endorsement to a person who:
921 (i) has not been granted an original or provisional class D license, a CDL, or an
922 out-of-state equivalent to an original or provisional class D license or a CDL; and
923 (ii) if the person is under 19 years [
924 permit for two months unless Subsection (3)(b) applies.
925 (b) The division may waive the two month motorcycle learner permit holding period
926 requirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the division
927 that the person has completed a motorcycle rider education program that meets the
928 requirements under Section 53-3-903.
929 (c) The division may grant a motorcycle endorsement to a person under 19 years [
930
931 a motorcycle endorsement prior to July 1, 2008.
932 (4) The division may grant a class D license to a person whose commercial license is
933 disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not
934 otherwise sanctioned under this chapter.
935 Section 14. Section 53-3-219 is amended to read:
936 53-3-219. Suspension of minor's driving privileges.
937 (1) The division shall immediately suspend all driving privileges of any person upon
938 receipt of an order suspending driving privileges under Section 32B-4-409, Section 32B-4-410,
939 Subsection 76-9-701(1), or Section [
940 (2) (a) (i) Upon receipt of the first order suspending a person's driving privileges under
941 Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section [
942 80-6-707, the division shall:
943 (A) impose a suspension for a period of one year;
944 (B) if the person has not been issued an operator license, deny the person's application
945 for a license or learner's permit for a period of one year; or
946 (C) if the person is under the age of eligibility for a driver license, deny the person's
947 application for a license or learner's permit beginning on the date of conviction and continuing
948 for one year beginning on the date of eligibility for a driver license.
949 (ii) Upon receipt of the first order suspending a person's driving privileges under this
950 section, the division shall reduce the suspension period under Subsection (2)(a)(i)(A), (B), or
951 (C) if ordered by the court in accordance with Subsection 32B-4-409(5)(b), 32B-4-410(4)(b),
952 76-9-701(4)(b), or [
953 (b) (i) Upon receipt of a second or subsequent order suspending a person's driving
954 privileges under Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or [
955
956 (A) impose a suspension for a period of two years;
957 (B) if the person has not been issued an operator license or is under the age of
958 eligibility for a driver license, deny the person's application for a license or learner's permit for
959 a period of two years; or
960 (C) if the person is under the age of eligibility for a driver license, deny the person's
961 application for a license or learner's permit beginning on the date of conviction and continuing
962 for two years beginning on the date of eligibility for a driver license.
963 (ii) Upon receipt of the second or subsequent order suspending a person's driving
964 privileges under Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section
965 [
966 in accordance with Subsection 32B-4-409(5)(c), 32B-4-410(4)(c), 76-9-701(4)(c), or
967 [
968 (3) The Driver License Division shall subtract from any suspension or revocation
969 period for a conviction of a violation of Section 32B-4-409 the number of days for which a
970 license was previously suspended under Section 53-3-231, if the previous sanction was based
971 on the same occurrence upon which the record of conviction is based.
972 (4) After reinstatement of the license described in Subsection (1), a report authorized
973 under Section 53-3-104 may not contain evidence of the suspension of a minor's license under
974 this section if the minor has not been convicted of any other offense for which the suspension
975 under Subsection (1) may be extended.
976 Section 15. Section 53-3-220 is amended to read:
977 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
978 disqualification of license -- Offense requiring an extension of period -- Hearing --
979 Limited driving privileges.
980 (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
981 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
982 disqualification, the division shall deny, suspend, or disqualify the license of a person upon
983 receiving a record of the person's conviction for:
984 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
985 automobile homicide under Section 76-5-207 or 76-5-207.5;
986 (ii) driving or being in actual physical control of a motor vehicle while under the
987 influence of alcohol, any drug, or combination of them to a degree that renders the person
988 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
989 in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
990 (iii) driving or being in actual physical control of a motor vehicle while having a blood
991 or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
992 that complies with the requirements of Subsection 41-6a-510(1);
993 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
994 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
995 regulating driving on highways;
996 (v) any felony under the motor vehicle laws of this state;
997 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
998 (vii) failure to stop and render aid as required under the laws of this state if a motor
999 vehicle accident results in the death or personal injury of another;
1000 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
1001 driving and impaired driving committed within a period of 12 months; but if upon a first
1002 conviction of reckless driving or impaired driving the judge or justice recommends suspension
1003 of the convicted person's license, the division may after a hearing suspend the license for a
1004 period of three months;
1005 (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
1006 officer as required in Section 41-6a-210;
1007 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
1008 requires disqualification;
1009 (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
1010 allowing the discharge of a firearm from a vehicle;
1011 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
1012 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
1013 (xiii) operating or being in actual physical control of a motor vehicle while having any
1014 measurable controlled substance or metabolite of a controlled substance in the person's body in
1015 violation of Section 41-6a-517;
1016 (xiv) operating or being in actual physical control of a motor vehicle while having any
1017 measurable or detectable amount of alcohol in the person's body in violation of Section
1018 41-6a-530;
1019 (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
1020 violation of Section 41-6a-606;
1021 (xvi) operating or being in actual physical control of a motor vehicle in this state
1022 without an ignition interlock system in violation of Section 41-6a-518.2;
1023 (xvii) custodial interference, under:
1024 (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
1025 the court provides the division with an order of suspension for a shorter period of time;
1026 (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
1027 the court provides the division with an order of suspension for a shorter period of time; or
1028 (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
1029 the court provides the division with an order of suspension for a shorter period of time; or
1030 (xviii) refusal of a chemical test under Subsection 41-6a-520(7).
1031 (b) The division shall immediately revoke the license of a person upon receiving a
1032 record of an adjudication under [
1033 for:
1034 (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
1035 allowing the discharge of a firearm from a vehicle; or
1036 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
1037 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
1038 (c) Except when action is taken under Section 53-3-219 for the same offense, upon
1039 receiving a record of conviction, the division shall immediately suspend for six months the
1040 license of the convicted person if the person was convicted of one of the following offenses
1041 while the person was an operator of a motor vehicle:
1042 (i) any violation of:
1043 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
1044 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
1045 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
1046 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
1047 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
1048 (ii) any criminal offense that prohibits:
1049 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
1050 that is prohibited under the acts described in Subsection (1)(c)(i); or
1051 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
1052 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
1053 (d) (i) The division shall immediately suspend a person's driver license for conviction
1054 of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
1055 (A) an order from the sentencing court requiring that the person's driver license be
1056 suspended; and
1057 (B) a record of the conviction.
1058 (ii) An order of suspension under this section is at the discretion of the sentencing
1059 court, and may not be for more than 90 days for each offense.
1060 (e) (i) The division shall immediately suspend for one year the license of a person upon
1061 receiving a record of:
1062 (A) conviction for the first time for a violation under Section 32B-4-411; or
1063 (B) an adjudication under [
1064 for a violation under Section 32B-4-411.
1065 (ii) The division shall immediately suspend for a period of two years the license of a
1066 person upon receiving a record of:
1067 (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
1068 (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
1069 conviction for a violation under Section 32B-4-411; or
1070 (B) (I) a second or subsequent adjudication under [
1071
1072 (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
1073 adjudication under [
1074 violation under Section 32B-4-411.
1075 (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
1076 (A) for a conviction or adjudication described in Subsection (1)(e)(i):
1077 (I) impose a suspension for one year beginning on the date of conviction; or
1078 (II) if the person is under the age of eligibility for a driver license, impose a suspension
1079 that begins on the date of conviction and continues for one year beginning on the date of
1080 eligibility for a driver license; or
1081 (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
1082 (I) impose a suspension for a period of two years; or
1083 (II) if the person is under the age of eligibility for a driver license, impose a suspension
1084 that begins on the date of conviction and continues for two years beginning on the date of
1085 eligibility for a driver license.
1086 (iv) Upon receipt of the first order suspending a person's driving privileges under
1087 Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
1088 ordered by the court in accordance with Subsection 32B-4-411(3)(a).
1089 (v) Upon receipt of the second or subsequent order suspending a person's driving
1090 privileges under Section 32B-4-411, the division shall reduce the suspension period under
1091 Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
1092 (2) The division shall extend the period of the first denial, suspension, revocation, or
1093 disqualification for an additional like period, to a maximum of one year for each subsequent
1094 occurrence, upon receiving:
1095 (a) a record of the conviction of any person on a charge of driving a motor vehicle
1096 while the person's license is denied, suspended, revoked, or disqualified;
1097 (b) a record of a conviction of the person for any violation of the motor vehicle law in
1098 which the person was involved as a driver;
1099 (c) a report of an arrest of the person for any violation of the motor vehicle law in
1100 which the person was involved as a driver; or
1101 (d) a report of an accident in which the person was involved as a driver.
1102 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
1103 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
1104 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
1105 or revocation originally imposed under Section 53-3-221.
1106 (4) (a) The division may extend to a person the limited privilege of driving a motor
1107 vehicle to and from the person's place of employment or within other specified limits on
1108 recommendation of the judge in any case where a person is convicted of any of the offenses
1109 referred to in Subsections (1) and (2) except:
1110 (i) automobile homicide under Subsection (1)(a)(i);
1111 (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
1112 (1)(c); and
1113 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
1114 revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
1115 41-6a-517, a local ordinance which complies with the requirements of Subsection
1116 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
1117 was charged with violating as a result of a plea bargain after having been originally charged
1118 with violating one or more of these sections or ordinances, unless:
1119 (A) the person has had the period of the first denial, suspension, revocation, or
1120 disqualification extended for a period of at least three years;
1121 (B) the division receives written verification from the person's primary care physician
1122 that:
1123 (I) to the physician's knowledge the person has not used any narcotic drug or other
1124 controlled substance except as prescribed by a licensed medical practitioner within the last
1125 three years; and
1126 (II) the physician is not aware of any physical, emotional, or mental impairment that
1127 would affect the person's ability to operate a motor vehicle safely; and
1128 (C) for a period of one year prior to the date of the request for a limited driving
1129 privilege:
1130 (I) the person has not been convicted of a violation of any motor vehicle law in which
1131 the person was involved as the operator of the vehicle;
1132 (II) the division has not received a report of an arrest for a violation of any motor
1133 vehicle law in which the person was involved as the operator of the vehicle; and
1134 (III) the division has not received a report of an accident in which the person was
1135 involved as an operator of a vehicle.
1136 (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
1137 authorized in this Subsection (4):
1138 (A) is limited to when undue hardship would result from a failure to grant the
1139 privilege; and
1140 (B) may be granted only once to any person during any single period of denial,
1141 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
1142 or disqualification.
1143 (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
1144 (A) is limited to when the limited privilege is necessary for the person to commute to
1145 school or work; and
1146 (B) may be granted only once to any person during any single period of denial,
1147 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
1148 or disqualification.
1149 (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
1150 Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
1151 denied under this chapter.
1152 Section 16. Section 53-10-404 is amended to read:
1153 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
1154 (1) As used in this section, "person" refers to any person as described under Section
1155 53-10-403.
1156 (2) (a) A person under Section 53-10-403 or any person required to register as a sex
1157 offender under Title 77, Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA
1158 specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for
1159 the cost of obtaining the DNA specimen unless:
1160 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
1161 agency under Section 53-10-404.5; or
1162 (ii) the agency determines the person lacks the ability to pay.
1163 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
1164 determining if the person is able to pay the fee.
1165 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
1166 determine an inmate's ability to pay.
1167 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
1168 the inmate's county trust fund account and may allow a negative balance in the account until
1169 the $150 is paid in full.
1170 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
1171 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
1172 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
1173 saliva DNA specimen.
1174 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
1175 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
1176 (b) The responsible agency shall determine the method of collecting the DNA
1177 specimen. Unless the responsible agency determines there are substantial reasons for using a
1178 different method of collection or the person refuses to cooperate with the collection, the
1179 preferred method of collection shall be obtaining a saliva specimen.
1180 (c) The responsible agency may use reasonable force, as established by its guidelines
1181 and procedures, to collect the DNA sample if the person refuses to cooperate with the
1182 collection.
1183 (d) If the judgment places the person on probation, the person shall submit to the
1184 obtaining of a DNA specimen as a condition of the probation.
1185 (e) (i) Under this section a person is required to provide one DNA specimen and pay
1186 the collection fee as required under this section.
1187 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
1188 previously provided is not adequate for analysis.
1189 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
1190 collected under this section.
1191 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
1192 any outstanding amount of a fee due under this section from any person who owes any portion
1193 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
1194 53-10-407.
1195 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
1196 possible and transferred to the Department of Public Safety:
1197 (i) after a conviction or a finding of jurisdiction by the juvenile court;
1198 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
1199 person for any offense under Subsection 53-10-403(1)(c); and
1200 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
1201 as provided under Subsection 53-10-403(1)(d)(ii).
1202 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
1203 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
1204 after the booking of a person for any felony offense, as provided under Subsection
1205 53-10-403(1)(d)(i).
1206 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
1207 for analysis, the agency shall, as soon as possible:
1208 (i) obtain and transmit an additional DNA specimen; or
1209 (ii) request that another agency that has direct access to the person and that is
1210 authorized to collect DNA specimens under this section collect the necessary second DNA
1211 specimen and transmit it to the Department of Public Safety.
1212 (d) Each agency that is responsible for collecting DNA specimens under this section
1213 shall establish:
1214 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
1215 obtains; and
1216 (ii) a procedure to account for the management of all fees it collects under this section.
1217 (5) (a) The Department of Corrections is the responsible agency whenever the person is
1218 committed to the custody of or is under the supervision of the Department of Corrections.
1219 (b) The juvenile court is the responsible agency regarding a minor under Subsection
1220 53-10-403(3), but if the minor has been committed to the legal custody of the Division of
1221 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
1222 minor has not previously been obtained by the juvenile court under Section [
1223 80-6-608.
1224 (c) The sheriff operating a county jail is the responsible agency regarding the collection
1225 of DNA specimens from persons who:
1226 (i) have pled guilty to or have been convicted of an offense listed under Subsection
1227 53-10-403(2) but who have not been committed to the custody of or are not under the
1228 supervision of the Department of Corrections;
1229 (ii) are incarcerated in the county jail:
1230 (A) as a condition of probation for a felony offense; or
1231 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
1232 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
1233 for any offense under Subsection 53-10-403(1)(c).; and
1234 (iv) are booked at the county jail:
1235 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
1236 offense on or after May 13, 2014, through December 31, 2014, under Subsection
1237 53-10-404(4)(b); or
1238 (B) on or after January 1, 2015, for any felony offense.
1239 (d) Each agency required to collect a DNA specimen under this section shall:
1240 (i) designate employees to obtain the saliva DNA specimens required under this
1241 section; and
1242 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
1243 training and that the specimens are obtained in accordance with generally accepted protocol.
1244 (6) (a) As used in this Subsection (6), "department" means the Department of
1245 Corrections.
1246 (b) Priority of obtaining DNA specimens by the department is:
1247 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
1248 of or under the supervision of the department before these persons are released from
1249 incarceration, parole, or probation, if their release date is prior to that of persons under
1250 Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
1251 (ii) second, the department shall obtain DNA specimens from persons who are
1252 committed to the custody of the department or who are placed under the supervision of the
1253 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
1254 than prior to release from incarceration if the person is imprisoned, or prior to the termination
1255 of probation if the person is placed on probation.
1256 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
1257 is:
1258 (i) first, persons on probation;
1259 (ii) second, persons on parole; and
1260 (iii) third, incarcerated persons.
1261 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
1262 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
1263 specimens from persons in the custody of or under the supervision of the Department of
1264 Corrections as of July 1, 2002, prior to their release.
1265 (7) (a) As used in this Subsection (7):
1266 (i) "Court" means the juvenile court.
1267 (ii) "Division" means the Division of Juvenile Justice Services.
1268 (b) Priority of obtaining DNA specimens by the court from minors under Section
1269 53-10-403 [
1270 of the court but who are not in the legal custody of the division shall be:
1271 (i) first, to obtain specimens from minors [
1272
1273 of July 1, 2002, are under the court's jurisdiction, before the court's jurisdiction over the minors'
1274 cases terminates; and
1275 (ii) second, to obtain specimens from minors [
1276
1277 days of the minor's case being found to be within the court's jurisdiction, if possible, but [
1278 no later than [
1279 jurisdiction over the minor's case terminates.
1280 (c) Priority of obtaining DNA specimens by the division from minors under Section
1281 53-10-403 who are committed to the legal custody of the division shall be:
1282 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
1283 division's legal custody and who have not previously provided a DNA specimen under this
1284 section, [
1285 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
1286 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
1287 division, if possible, but [
1288 court's jurisdiction over the [
1289 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
1290 Justice Services, and all law enforcement agencies in the state shall by policy establish
1291 procedures for obtaining saliva DNA specimens, and shall provide training for employees
1292 designated to collect saliva DNA specimens.
1293 (b) (i) The department may designate correctional officers, including those employed
1294 by the adult probation and parole section of the department, to obtain the saliva DNA
1295 specimens required under this section.
1296 (ii) The department shall ensure that the designated employees receive appropriate
1297 training and that the specimens are obtained in accordance with accepted protocol.
1298 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
1299 Section 17. Section 53-10-407 is amended to read:
1300 53-10-407. DNA Specimen Restricted Account.
1301 (1) There is created the DNA Specimen Restricted Account, which is referred to in this
1302 section as "the account."
1303 (2) The sources of money for the account are:
1304 (a) DNA collection fees paid under Section 53-10-404;
1305 (b) any appropriations made to the account by the Legislature; and
1306 (c) all federal money provided to the state for the purpose of funding the collection or
1307 analysis of DNA specimens collected under Section 53-10-403.
1308 (3) The account shall earn interest, and this interest shall be deposited in the account.
1309 (4) The Legislature may appropriate money from the account solely for the following
1310 purposes:
1311 (a) to the Department of Corrections for the costs of collecting DNA specimens as
1312 required under Section 53-10-403;
1313 (b) to the juvenile court for the costs of collecting DNA specimens as required under
1314 Sections 53-10-403 and [
1315 (c) to the Division of Juvenile Justice Services for the costs of collecting DNA
1316 specimens as required under Sections 53-10-403 and [
1317 (d) to the Department of Public Safety for the costs of:
1318 (i) storing and analyzing DNA specimens in accordance with the requirements of this
1319 part;
1320 (ii) DNA testing which cannot be performed by the Utah State Crime Lab, as provided
1321 in Subsection 78B-9-301(7); and
1322 (iii) reimbursing sheriffs for collecting the DNA specimens as provided under Sections
1323 53-10-404 and 53-10-404.5.
1324 (5) Appropriations from the account to the Department of Corrections, the juvenile
1325 court, the Division of Juvenile Justice Services, and to the Department of Public Safety are
1326 nonlapsing.
1327 Section 18. Section 53B-8d-102 is amended to read:
1328 53B-8d-102. Definitions.
1329 As used in this chapter:
1330 (1) "Division" means the Division of Child and Family Services.
1331 (2) "Long-term foster care" means an individual who remains in the custody of the
1332 division, whether or not the individual resides:
1333 (a) with licensed foster parents; or
1334 (b) in independent living arrangements under the supervision of the division.
1335 (3) "State institution of higher education" means:
1336 (a) an institution designated in Section 53B-1-102; or
1337 (b) a public institution that offers postsecondary education in consideration of the
1338 payment of tuition or fees for the attainment of educational or vocational objectives leading to
1339 a degree or certificate, including:
1340 (i) a business school;
1341 (ii) a technical school;
1342 (iii) a trade school; or
1343 (iv) an institution offering related apprenticeship programs.
1344 (4) "Tuition" means tuition at the rate for residents of the state.
1345 (5) "Ward of the state" means an individual:
1346 (a) who is:
1347 (i) at least 17 years [
1348 (ii) not older than 26 years [
1349 (b) who had a permanency goal in the individual's child and family plan, as described
1350 in Sections 62A-4a-205 and [
1351 custody of the division; and
1352 (c) for whom the custody of the division was not terminated as a result of adoption.
1353 Section 19. Section 53E-3-513 is amended to read:
1354 53E-3-513. Parental permission required for specified in-home programs --
1355 Exceptions.
1356 (1) The state board, local school boards, school districts, and public schools are
1357 prohibited from requiring infant or preschool in-home literacy or other educational or parenting
1358 programs without obtaining parental permission in each individual case.
1359 (2) This section does not prohibit the Division of Child and Family Services, within the
1360 Department of Human Services, from providing or arranging for family preservation or other
1361 statutorily provided services in accordance with Title 62A, Chapter 4a, Child and Family
1362 Services, or any other in-home services that have been court ordered, [
1363 accordance with Title 62A, Chapter 4a, Child and Family Services, or [
1364
1365 Chapter 4, Termination and Restoration of Parental Rights.
1366 Section 20. Section 53E-9-305 is amended to read:
1367 53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
1368 -- Written consent.
1369 (1) An education entity may not collect a student's:
1370 (a) social security number; or
1371 (b) except as required in Section [
1372 (2) Except as provided in Subsection (3), an education entity that collects student data
1373 shall, in accordance with this section, prepare and distribute to parents and students a student
1374 data collection notice statement that:
1375 (a) is a prominent, stand-alone document;
1376 (b) is annually updated and published on the education entity's website;
1377 (c) states the student data that the education entity collects;
1378 (d) states that the education entity will not collect the student data described in
1379 Subsection (1);
1380 (e) states the student data described in Section 53E-9-308 that the education entity may
1381 not share without written consent;
1382 (f) includes the following statement:
1383 "The collection, use, and sharing of student data has both benefits and risks. Parents
1384 and students should learn about these benefits and risks and make choices regarding student
1385 data accordingly.";
1386 (g) describes in general terms how the education entity stores and protects student data;
1387 and
1388 (h) states a student's rights under this part.
1389 (3) The state board may publicly post the state board's collection notice described in
1390 Subsection (2).
1391 (4) An education entity may collect the necessary student data of a student if the
1392 education entity provides a student data collection notice to:
1393 (a) the student, if the student is an adult student; or
1394 (b) the student's parent, if the student is not an adult student.
1395 (5) An education entity may collect optional student data if the education entity:
1396 (a) provides, to an individual described in Subsection (4), a student data collection
1397 notice that includes a description of:
1398 (i) the optional student data to be collected; and
1399 (ii) how the education entity will use the optional student data; and
1400 (b) obtains written consent to collect the optional student data from an individual
1401 described in Subsection (4).
1402 (6) An education entity may collect a student's biometric identifier or biometric
1403 information if the education entity:
1404 (a) provides, to an individual described in Subsection (4), a biometric information
1405 collection notice that is separate from a student data collection notice, which states:
1406 (i) the biometric identifier or biometric information to be collected;
1407 (ii) the purpose of collecting the biometric identifier or biometric information; and
1408 (iii) how the education entity will use and store the biometric identifier or biometric
1409 information; and
1410 (b) obtains written consent to collect the biometric identifier or biometric information
1411 from an individual described in Subsection (4).
1412 (7) Except under the circumstances described in Subsection 53G-8-211(2), an
1413 education entity may not refer a student to an evidence-based alternative intervention described
1414 in Subsection 53G-8-211(3) without written consent.
1415 (8) Nothing in this section prohibits an education entity from including additional
1416 information related to student and parent privacy in the notice described in Subsection (2).
1417 Section 21. Section 53G-4-402 is amended to read:
1418 53G-4-402. Powers and duties generally.
1419 (1) A local school board shall:
1420 (a) implement the core standards for Utah public schools using instructional materials
1421 that best correlate to the core standards for Utah public schools and graduation requirements;
1422 (b) administer tests, required by the state board, which measure the progress of each
1423 student, and coordinate with the state superintendent and state board to assess results and create
1424 plans to improve the student's progress, which shall be submitted to the state board for
1425 approval;
1426 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1427 students that need remediation and determine the type and amount of federal, state, and local
1428 resources to implement remediation;
1429 (d) develop early warning systems for students or classes failing to make progress;
1430 (e) work with the state board to establish a library of documented best practices,
1431 consistent with state and federal regulations, for use by the local districts;
1432 (f) implement training programs for school administrators, including basic
1433 management training, best practices in instructional methods, budget training, staff
1434 management, managing for learning results and continuous improvement, and how to help
1435 every child achieve optimal learning in basic academic subjects; and
1436 (g) ensure that the local school board meets the data collection and reporting standards
1437 described in Section 53E-3-501.
1438 (2) Local school boards shall spend Minimum School Program funds for programs and
1439 activities for which the state board has established minimum standards or rules under Section
1440 53E-3-501.
1441 (3) (a) A local school board may purchase, sell, and make improvements on school
1442 sites, buildings, and equipment and construct, erect, and furnish school buildings.
1443 (b) School sites or buildings may only be conveyed or sold on local school board
1444 resolution affirmed by at least two-thirds of the members.
1445 (4) (a) A local school board may participate in the joint construction or operation of a
1446 school attended by children residing within the district and children residing in other districts
1447 either within or outside the state.
1448 (b) Any agreement for the joint operation or construction of a school shall:
1449 (i) be signed by the president of the local school board of each participating district;
1450 (ii) include a mutually agreed upon pro rata cost; and
1451 (iii) be filed with the state board.
1452 (5) A local school board may establish, locate, and maintain elementary, secondary,
1453 and applied technology schools.
1454 (6) Except as provided in Section 53E-3-905, a local school board may enroll children
1455 in school who are at least five years [
1456 admission is sought.
1457 (7) A local school board may establish and support school libraries.
1458 (8) A local school board may collect damages for the loss, injury, or destruction of
1459 school property.
1460 (9) A local school board may authorize guidance and counseling services for children
1461 and their parents before, during, or following enrollment of the children in schools.
1462 (10) (a) A local school board shall administer and implement federal educational
1463 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
1464 Education Programs.
1465 (b) Federal funds are not considered funds within the school district budget under
1466 Chapter 7, Part 3, Budgets.
1467 (11) (a) A local school board may organize school safety patrols and adopt policies
1468 under which the patrols promote student safety.
1469 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1470 parental consent for the appointment.
1471 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1472 of a highway intended for vehicular traffic use.
1473 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
1474 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1475 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1476 (12) (a) A local school board may on its own behalf, or on behalf of an educational
1477 institution for which the local school board is the direct governing body, accept private grants,
1478 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
1479 (b) These contributions are not subject to appropriation by the Legislature.
1480 (13) (a) A local school board may appoint and fix the compensation of a compliance
1481 officer to issue citations for violations of Subsection 76-10-105(2)(b).
1482 (b) A person may not be appointed to serve as a compliance officer without the
1483 person's consent.
1484 (c) A teacher or student may not be appointed as a compliance officer.
1485 (14) A local school board shall adopt bylaws and policies for the local school board's
1486 own procedures.
1487 (15) (a) A local school board shall make and enforce policies necessary for the control
1488 and management of the district schools.
1489 (b) Local school board policies shall be in writing, filed, and referenced for public
1490 access.
1491 (16) A local school board may hold school on legal holidays other than Sundays.
1492 (17) (a) A local school board shall establish for each school year a school traffic safety
1493 committee to implement this Subsection (17).
1494 (b) The committee shall be composed of one representative of:
1495 (i) the schools within the district;
1496 (ii) the Parent Teachers' Association of the schools within the district;
1497 (iii) the municipality or county;
1498 (iv) state or local law enforcement; and
1499 (v) state or local traffic safety engineering.
1500 (c) The committee shall:
1501 (i) receive suggestions from school community councils, parents, teachers, and others
1502 and recommend school traffic safety improvements, boundary changes to enhance safety, and
1503 school traffic safety program measures;
1504 (ii) review and submit annually to the Department of Transportation and affected
1505 municipalities and counties a child access routing plan for each elementary, middle, and junior
1506 high school within the district;
1507 (iii) consult the Utah Safety Council and the Division of Family Health Services and
1508 provide training to all school children in kindergarten through grade 6, within the district, on
1509 school crossing safety and use; and
1510 (iv) help ensure the district's compliance with rules made by the Department of
1511 Transportation under Section 41-6a-303.
1512 (d) The committee may establish subcommittees as needed to assist in accomplishing
1513 its duties under Subsection (17)(c).
1514 (18) (a) A local school board shall adopt and implement a comprehensive emergency
1515 response plan to prevent and combat violence in the local school board's public schools, on
1516 school grounds, on its school vehicles, and in connection with school-related activities or
1517 events.
1518 (b) The plan shall:
1519 (i) include prevention, intervention, and response components;
1520 (ii) be consistent with the student conduct and discipline policies required for school
1521 districts under Chapter 11, Part 2, Miscellaneous Requirements;
1522 (iii) require professional learning for all district and school building staff on what their
1523 roles are in the emergency response plan;
1524 (iv) provide for coordination with local law enforcement and other public safety
1525 representatives in preventing, intervening, and responding to violence in the areas and activities
1526 referred to in Subsection (18)(a); and
1527 (v) include procedures to notify a student, to the extent practicable, who is off campus
1528 at the time of a school violence emergency because the student is:
1529 (A) participating in a school-related activity; or
1530 (B) excused from school for a period of time during the regular school day to
1531 participate in religious instruction at the request of the student's parent.
1532 (c) The state board, through the state superintendent, shall develop comprehensive
1533 emergency response plan models that local school boards may use, where appropriate, to
1534 comply with Subsection (18)(a).
1535 (d) A local school board shall, by July 1 of each year, certify to the state board that its
1536 plan has been practiced at the school level and presented to and reviewed by its teachers,
1537 administrators, students, and their parents and local law enforcement and public safety
1538 representatives.
1539 (19) (a) A local school board may adopt an emergency response plan for the treatment
1540 of sports-related injuries that occur during school sports practices and events.
1541 (b) The plan may be implemented by each secondary school in the district that has a
1542 sports program for students.
1543 (c) The plan may:
1544 (i) include emergency personnel, emergency communication, and emergency
1545 equipment components;
1546 (ii) require professional learning on the emergency response plan for school personnel
1547 who are involved in sports programs in the district's secondary schools; and
1548 (iii) provide for coordination with individuals and agency representatives who:
1549 (A) are not employees of the school district; and
1550 (B) would be involved in providing emergency services to students injured while
1551 participating in sports events.
1552 (d) The local school board, in collaboration with the schools referred to in Subsection
1553 (19)(b), may review the plan each year and make revisions when required to improve or
1554 enhance the plan.
1555 (e) The state board, through the state superintendent, shall provide local school boards
1556 with an emergency plan response model that local school boards may use to comply with the
1557 requirements of this Subsection (19).
1558 (20) A local school board shall do all other things necessary for the maintenance,
1559 prosperity, and success of the schools and the promotion of education.
1560 (21) (a) Before closing a school or changing the boundaries of a school, a local school
1561 board shall:
1562 (i) at least 120 days before approving the school closure or school boundary change,
1563 provide notice to the following that the local school board is considering the closure or
1564 boundary change:
1565 (A) parents of students enrolled in the school, using the same form of communication
1566 the local school board regularly uses to communicate with parents;
1567 (B) parents of students enrolled in other schools within the school district that may be
1568 affected by the closure or boundary change, using the same form of communication the local
1569 school board regularly uses to communicate with parents; and
1570 (C) the governing council and the mayor of the municipality in which the school is
1571 located;
1572 (ii) provide an opportunity for public comment on the proposed school closure or
1573 school boundary change during at least two public local school board meetings; and
1574 (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
1575 the public hearing as described in Subsection (21)(b).
1576 (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
1577 (i) indicate the:
1578 (A) school or schools under consideration for closure or boundary change; and
1579 (B) the date, time, and location of the public hearing;
1580 (ii) at least 10 days before the public hearing, be:
1581 (A) published:
1582 (I) in a newspaper of general circulation in the area; and
1583 (II) on the Utah Public Notice Website created in Section 63F-1-701; and
1584 (B) posted in at least three public locations within the municipality in which the school
1585 is located on the school district's official website, and prominently at the school; and
1586 (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
1587 provided as described in Subsections (21)(a)(i)(A), (B), and (C).
1588 (22) A local school board may implement a facility energy efficiency program
1589 established under Title 11, Chapter 44, Performance Efficiency Act.
1590 (23) A local school board may establish or partner with a certified youth court
1591 [
1592 establish or partner with a comparable restorative justice program, in coordination with schools
1593 in that district. A school may refer a student to a youth court or a comparable restorative justice
1594 program in accordance with Section 53G-8-211.
1595 Section 22. Section 53G-6-206 is amended to read:
1596 53G-6-206. Duties of a local school board, charter school governing board, or
1597 school district in resolving attendance problems -- Parental involvement -- Liability not
1598 imposed -- Report to state board.
1599 (1) (a) Subject to Subsection (1)(b), a local school board, charter school governing
1600 board, or school district shall make efforts to resolve the school attendance problems of each
1601 school-age child who is, or should be, enrolled in the school district.
1602 (b) A school-age child exempt from school attendance under Section 53G-6-204 or
1603 53G-6-702 is not considered to be a school-age child who is or should be enrolled in a school
1604 district or charter school under Subsection (1)(a).
1605 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
1606 (a) counseling of the school-age child by school authorities;
1607 (b) (i) issuing a notice of truancy to the school-age child in accordance with Section
1608 53G-6-203; or
1609 (ii) issuing a notice of compulsory education violation to the school-age child's parent
1610 in accordance with Section 53G-6-202;
1611 (c) making any necessary adjustment to the curriculum and schedule to meet special
1612 needs of the school-age child;
1613 (d) considering alternatives proposed by the school-age child's parent;
1614 (e) monitoring school attendance of the school-age child;
1615 (f) voluntary participation in truancy mediation, if available; and
1616 (g) providing the school-age child's parent, upon request, with a list of resources
1617 available to assist the parent in resolving the school-age child's attendance problems.
1618 (3) In addition to the efforts described in Subsection (2), the local school board, charter
1619 school governing board, or school district may enlist the assistance of community and law
1620 enforcement agencies as appropriate and reasonably feasible in accordance with Section
1621 53G-8-211.
1622 (4) This section does not impose civil liability on boards of education, local school
1623 boards, charter school governing boards, school districts, or their employees.
1624 (5) Proceedings initiated under this part do not obligate or preclude action by the
1625 Division of Child and Family Services under Section [
1626 (6) Each LEA shall annually report the following data separately to the state board:
1627 (a) absences with a valid excuse; and
1628 (b) absences without a valid excuse.
1629 Section 23. Section 53G-6-208 is amended to read:
1630 53G-6-208. Taking custody of a person believed to be a truant minor --
1631 Disposition -- Reports -- Immunity from liability.
1632 (1) A peace officer or public school administrator may take a minor into temporary
1633 custody if there is reason to believe the minor is a truant minor.
1634 (2) An individual taking a presumed truant minor into custody under Subsection (1)
1635 shall, without unnecessary delay, release the minor to:
1636 (a) the principal of the minor's school;
1637 (b) a person who has been designated by the local school board or charter school
1638 governing board to receive and return the minor to school; or
1639 (c) a truancy center established under Subsection (5).
1640 (3) If the minor refuses to return to school or go to the truancy center, the officer or
1641 administrator shall, without unnecessary delay, notify the minor's parents and release the minor
1642 to their custody.
1643 (4) If the parents cannot be reached or are unable or unwilling to accept custody and
1644 none of the options in Subsection (2) are available, the minor shall be referred to the Division
1645 of Child and Family Services.
1646 (5) (a) (i) A local school board or charter school governing board, singly or jointly with
1647 another school board, may establish or designate truancy centers within existing school
1648 buildings and staff the centers with existing teachers or staff to provide educational guidance
1649 and counseling for truant minors.
1650 (ii) Upon receipt of a truant minor, the center shall, without unnecessary delay, notify
1651 and direct the minor's parents to come to the center, pick up the minor, and return the minor to
1652 the school in which the minor is enrolled.
1653 (b) (i) If the parents cannot be reached or are unable or unwilling to comply with the
1654 request within a reasonable time, the center shall take such steps as are reasonably necessary to
1655 insure the safety and well being of the minor, including, when appropriate, returning the minor
1656 to school or referring the minor to the Division of Child and Family Services.
1657 (ii) A minor taken into custody under this section may not be placed in a detention
1658 center or other secure confinement facility.
1659 (6) (a) Action taken under this section shall be reported to the appropriate school
1660 district.
1661 (b) The district shall promptly notify the minor's parents of the action taken.
1662 (7) The Utah Governmental Immunity Act applies to all actions taken under this
1663 section.
1664 (8) Nothing in this section may be construed to grant authority to a public school
1665 administrator to place a minor in the custody of the Division of Child and Family Services,
1666 without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and [
1667
1668 Neglect, and Dependency Proceedings.
1669 Section 24. Section 53G-8-211 is amended to read:
1670 53G-8-211. Responses to school-based behavior.
1671 (1) As used in this section:
1672 (a) "Evidence-based" means a program or practice that has:
1673 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
1674 program or practice is effective for a specific population;
1675 (ii) been rated as effective by a standardized program evaluation tool; or
1676 (iii) been approved by the state board.
1677 (b) "Habitual truant" means a school-age child who:
1678 (i) is in grade 7 or above, unless the school-age child is less than 12 years old;
1679 (ii) is subject to the requirements of Section 53G-6-202; and
1680 (iii) (A) is truant at least 10 times during one school year; or
1681 (B) fails to cooperate with efforts on the part of school authorities to resolve the
1682 school-age child's attendance problem as required under Section 53G-6-206.
1683 (c) "Minor" means the same as that term is defined in Section [
1684 (d) "Mobile crisis outreach team" means the same as that term is defined in Section
1685 [
1686 (e) "Prosecuting attorney" means the same as that term is defined in Subsections
1687 [
1688 (f) "Restorative justice program" means a school-based program or a program used or
1689 adopted by a local education agency that is designed:
1690 (i) to enhance school safety, reduce school suspensions, and limit referrals to law
1691 enforcement agencies and courts; and
1692 (ii) to help minors take responsibility for and repair harmful behavior that occurs in
1693 school.
1694 (g) "School administrator" means a principal of a school.
1695 (h) "School is in session" means a day during which the school conducts instruction for
1696 which student attendance is counted toward calculating average daily membership.
1697 (i) "School resource officer" means a law enforcement officer, as defined in Section
1698 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
1699 with a local education agency to provide law enforcement services for the local education
1700 agency.
1701 (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
1702 (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
1703 clinic, or other event or activity that is authorized by a specific local education agency or public
1704 school, according to LEA governing board policy, and satisfies at least one of the following
1705 conditions:
1706 (A) the activity is managed or supervised by a local education agency or public school,
1707 or local education agency or public school employee;
1708 (B) the activity uses the local education agency's or public school's facilities,
1709 equipment, or other school resources; or
1710 (C) the activity is supported or subsidized, more than inconsequentially, by public
1711 funds, including the public school's activity funds or Minimum School Program dollars.
1712 (ii) "School-sponsored activity" includes preparation for and involvement in a public
1713 performance, contest, athletic competition, demonstration, display, or club activity.
1714 (l) (i) "Status offense" means an offense that would not be an offense but for the age of
1715 the offender.
1716 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
1717 felony.
1718 (2) This section applies to a minor enrolled in school who is alleged to have committed
1719 an offense at the school where the student is enrolled:
1720 (a) on school property where the student is enrolled:
1721 (i) when school is in session; or
1722 (ii) during a school-sponsored activity; or
1723 (b) that is truancy.
1724 (3) (a) Except as provided in Subsections (3)(e) and (5), if a minor is alleged to have
1725 committed an offense that is a class C misdemeanor, an infraction, a status offense on school
1726 property, or an offense that is truancy:
1727 (i) a school district or school may not refer the minor to a law enforcement officer or
1728 agency or a court; and
1729 (ii) a law enforcement officer or agency may not refer the minor to a prosecuting
1730 attorney or a court.
1731 (b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
1732 offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
1733 offense that is truancy, a school district, school, or law enforcement officer or agency may refer
1734 the minor to evidence-based alternative interventions, including:
1735 (i) a mobile crisis outreach team[
1736 (ii) a youth services center [
1737
1738 (iii) a youth court or comparable restorative justice program;
1739 (iv) evidence-based interventions created and developed by the school or school
1740 district; and
1741 (v) other evidence-based interventions that may be jointly created and developed by a
1742 local education agency, the state board, the juvenile court, local counties and municipalities,
1743 the Department of Health, or the Department of Human Services.
1744 (c) Notwithstanding Subsection (3)(a), a school resource officer may:
1745 (i) investigate possible criminal offenses and conduct, including conducting probable
1746 cause searches;
1747 (ii) consult with school administration about the conduct of a minor enrolled in a
1748 school;
1749 (iii) transport a minor enrolled in a school to a location if the location is permitted by
1750 law;
1751 (iv) take temporary custody of a minor in accordance with [
1752 [
1753 (v) protect the safety of students and the school community, including the use of
1754 reasonable and necessary physical force when appropriate based on the totality of the
1755 circumstances.
1756 (d) Notwithstanding other provisions of this section, if a law enforcement officer has
1757 cause to believe a minor has committed an offense on school property when school is not in
1758 session and not during a school-sponsored activity, the law enforcement officer may refer the
1759 minor to:
1760 (i) a prosecuting attorney or a court; or
1761 (ii) evidence-based alternative interventions at the discretion of the law enforcement
1762 officer.
1763 (e) If a minor is alleged to have committed a traffic offense that is an infraction, a
1764 school district, a school, or a law enforcement officer or agency may refer the minor to a
1765 prosecuting attorney or a court for the traffic offense.
1766 (4) A school district or school shall refer a minor for prevention and early intervention
1767 youth services, as described in Section [
1768 Justice Services for a class C misdemeanor committed on school property or for being a
1769 habitual truant if the minor refuses to participate in an evidence-based alternative intervention
1770 described in Subsection (3)(b).
1771 (5) A school district or school may refer a minor to a court or a law enforcement officer
1772 or agency for an alleged class C misdemeanor committed on school property or for allegedly
1773 being a habitual truant[
1774 (a) refuses to participate in an evidence-based alternative intervention under Subsection
1775 (3)(b); and
1776 (b) fails to participate in prevention and early intervention youth services provided by
1777 the Division of Juvenile Justice Services under Subsection (4).
1778 (6) (a) If a minor is referred to a court or a law enforcement officer or agency under
1779 Subsection (5), the school shall appoint a school representative to continue to engage with the
1780 minor and the minor's family through the court process.
1781 (b) A school representative appointed under Subsection (6)(a) may not be a school
1782 resource officer.
1783 (c) A school district or school shall include the following in the school district's or
1784 school's referral to the court or the law enforcement officer or agency:
1785 (i) attendance records for the minor;
1786 (ii) a report of evidence-based alternative interventions used by the school before the
1787 referral, including outcomes;
1788 (iii) the name and contact information of the school representative assigned to actively
1789 participate in the court process with the minor and the minor's family;
1790 (iv) a report from the Division of Juvenile Justice Services that demonstrates the
1791 minor's failure to complete or participate in prevention and early intervention youth services
1792 under Subsection (4); and
1793 (v) any other information that the school district or school considers relevant.
1794 (d) A minor referred to a court under Subsection (5) may not be ordered to or placed in
1795 secure detention, including for a contempt charge or violation of a valid court order under
1796 Section [
1797 occurring on school property or habitual truancy.
1798 (e) If a minor is referred to a court under Subsection (5), the court may use, when
1799 available, the resources of the Division of Juvenile Justice Services or the Division of
1800 Substance Abuse and Mental Health to address the minor.
1801 (7) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
1802 school administrator, the school administrator's designee, or a school resource officer may refer
1803 the minor directly to a juvenile court or to the evidence-based alternative interventions in
1804 Subsection (3)(b).
1805 Section 25. Section 53G-8-212 is amended to read:
1806 53G-8-212. Defacing or damaging school property -- Student's liability -- Work
1807 program alternative.
1808 (1) A student who willfully defaces or otherwise damages any school property may be
1809 suspended or otherwise disciplined.
1810 (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
1811 damaged, the school may withhold the issuance of an official written grade report, diploma, or
1812 transcript of the student responsible for the damage or loss until the student or the student's
1813 parent has paid for the damages.
1814 (b) The student's parent is liable for damages as otherwise provided in Section
1815 [
1816 (3) (a) If the student and the student's parent are unable to pay for the damages or if it is
1817 determined by the school in consultation with the student's parent that the student's interests
1818 would not be served if the parent were to pay for the damages, the school shall provide for a
1819 program of work the student may complete in lieu of the payment.
1820 (b) The school shall release the official grades, diploma, and transcripts of the student
1821 upon completion of the work.
1822 (4) Before any penalties are assessed under this section, the school shall adopt
1823 procedures to ensure that the student's right to due process is protected.
1824 (5) No penalty may be assessed for damages which may be reasonably attributed to
1825 normal wear and tear.
1826 (6) If the Department of Human Services or a licensed child-placing agency has been
1827 granted custody of the student, the student's records, if requested by the department or agency,
1828 may not be withheld from the department or agency for nonpayment of damages under this
1829 section.
1830 Section 26. Section 53G-8-402 is amended to read:
1831 53G-8-402. Notification by juvenile court and law enforcement agencies.
1832 (1) Notifications received from the juvenile court or law enforcement agencies by the
1833 school district [
1834 80-6-103 are governed by this part.
1835 (2) School districts may enter into agreements with law enforcement agencies for
1836 notification under Subsection (1).
1837 Section 27. Section 53G-8-405 is amended to read:
1838 53G-8-405. Liability for release of information.
1839 (1) The district superintendent, principal, and any staff member notified by the
1840 principal may not be held liable for information which may become public knowledge unless it
1841 can be shown by clear and convincing evidence that the information became public knowledge
1842 through an intentional act of the superintendent, principal, or a staff member.
1843 (2) A person receiving information under [
1844
1845 criminal, for acting or failing to act in response to the information unless the person acts or
1846 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
1847 Section 28. Section 53G-9-209 is amended to read:
1848 53G-9-209. Child abuse or neglect reporting requirement.
1849 (1) As used in this section:
1850 (a) "Educational neglect" means the same as that term is defined in Section
1851 [
1852 (b) "School personnel" means the same as that term is defined in Section 53G-9-203.
1853 (2) School personnel shall comply with the child abuse and neglect reporting
1854 requirements described in Section 62A-4a-403.
1855 (3) When school personnel have reason to believe that a child may be subject to
1856 educational neglect, school personnel shall submit the report described in Subsection
1857 53G-6-202(8) to the Division of Child and Family Services.
1858 (4) When school personnel have reason to believe that a child is subject to both
1859 educational neglect and another form of neglect or abuse, school personnel may not wait to
1860 report the other form of neglect or abuse pending preparation of a report regarding educational
1861 neglect.
1862 (5) School personnel shall cooperate with the Division of Child and Family Services
1863 and share all information with the division that is relevant to the division's investigation of an
1864 allegation of abuse or neglect.
1865 Section 29. Section 53G-11-410 is amended to read:
1866 53G-11-410. Reference check requirements for LEA applicants and volunteers.
1867 (1) As used in this section:
1868 (a) "Child" means an individual who is younger than 18 years old.
1869 (b) "LEA applicant" means an applicant for employment by an LEA.
1870 (c) "Physical abuse" means the same as that term is defined in Section [
1871 80-1-102.
1872 (d) "Potential volunteer" means an individual who:
1873 (i) has volunteered for but not yet fulfilled an unsupervised volunteer assignment; and
1874 (ii) during the last three years, has worked in a qualifying position.
1875 (e) "Qualifying position" means paid employment that requires the employee to
1876 directly care for, supervise, control, or have custody of a child.
1877 (f) "Sexual abuse" means the same as that term is defined in Section [
1878 80-1-102.
1879 (g) "Student" means an individual who:
1880 (i) is enrolled in an LEA in any grade from preschool through grade 12; or
1881 (ii) receives special education services from an LEA under the Individuals with
1882 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
1883 (h) "Unsupervised volunteer assignment" means a volunteer assignment at an LEA that
1884 allows the volunteer significant unsupervised access to a student.
1885 (2) (a) Before hiring an LEA applicant or giving an unsupervised volunteer assignment
1886 to a potential volunteer, an LEA shall:
1887 (i) require the LEA applicant or potential volunteer to sign a release authorizing the
1888 LEA applicant or potential volunteer's previous qualifying position employers to disclose
1889 information regarding any employment action taken or discipline imposed for the physical
1890 abuse or sexual abuse of a child or student by the LEA applicant or potential volunteer;
1891 (ii) for an LEA applicant, request that the LEA applicant's most recent qualifying
1892 position employer disclose information regarding any employment action taken or discipline
1893 imposed for the physical abuse or sexual abuse of a child or student by the LEA applicant;
1894 (iii) for a potential volunteer, request that the potential volunteer's most recent
1895 qualifying position employer disclose information regarding any employment action taken or
1896 discipline imposed for the physical abuse or sexual abuse of a child or student by the potential
1897 volunteer; and
1898 (iv) document the efforts taken to make a request described in Subsection (2)(a)(ii) or
1899 (iii).
1900 (b) An LEA may not hire an LEA applicant who does not sign a release described in
1901 Subsection (2)(a)(i).
1902 (c) An LEA may not give an unsupervised volunteer assignment to a potential
1903 volunteer who does not sign a release described in Subsection (2)(a)(i).
1904 (d) An LEA shall request information under Subsection (2)(a)(ii) or (iii) before:
1905 (i) hiring an LEA applicant; or
1906 (ii) giving an unsupervised volunteer assignment to a potential volunteer.
1907 (e) In accordance with state and federal law, an LEA may request from an LEA
1908 applicant or potential volunteer other information the LEA determines is relevant.
1909 (3) (a) An LEA that receives a request described in Subsection (2)(a)(ii) or (iii) shall
1910 respond to the request within 20 business days after the day on which the LEA received the
1911 request.
1912 (b) If an LEA or other employer in good faith discloses information that is within the
1913 scope of a request described in Subsection (2)(a)(ii) or (iii), the LEA or other employer is
1914 immune from civil and criminal liability for the disclosure.
1915 Section 30. Section 58-37-6 is amended to read:
1916 58-37-6. License to manufacture, produce, distribute, dispense, administer, or
1917 conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
1918 required -- Prescriptions.
1919 (1) (a) The division may adopt rules relating to the licensing and control of the
1920 manufacture, distribution, production, prescription, administration, dispensing, conducting of
1921 research with, and performing of laboratory analysis upon controlled substances within this
1922 state.
1923 (b) The division may assess reasonable fees to defray the cost of issuing original and
1924 renewal licenses under this chapter pursuant to Section 63J-1-504.
1925 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
1926 administers, conducts research with, or performs laboratory analysis upon any controlled
1927 substance in Schedules I through V within this state, or who proposes to engage in
1928 manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
1929 research with, or performing laboratory analysis upon controlled substances included in
1930 Schedules I through V within this state shall obtain a license issued by the division.
1931 (ii) The division shall issue each license under this chapter in accordance with a
1932 two-year renewal cycle established by rule. The division may by rule extend or shorten a
1933 renewal period by as much as one year to stagger the renewal cycles it administers.
1934 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
1935 administer, conduct research with, or perform laboratory analysis upon controlled substances in
1936 Schedules I through V within this state may possess, manufacture, produce, distribute,
1937 prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
1938 those substances to the extent authorized by their license and in conformity with this chapter.
1939 (c) The following persons are not required to obtain a license and may lawfully possess
1940 controlled substances included in Schedules II through V under this section:
1941 (i) an agent or employee, except a sales representative, of any registered manufacturer,
1942 distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
1943 usual course of the agent or employee's business or employment; however, nothing in this
1944 subsection shall be interpreted to permit an agent, employee, sales representative, or detail man
1945 to maintain an inventory of controlled substances separate from the location of the person's
1946 employer's registered and licensed place of business;
1947 (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
1948 warehouseman, who possesses a controlled substance in the usual course of the person's
1949 business or employment; and
1950 (iii) an ultimate user, or a person who possesses any controlled substance pursuant to a
1951 lawful order of a practitioner.
1952 (d) The division may enact rules waiving the license requirement for certain
1953 manufacturers, producers, distributors, prescribers, dispensers, administrators, research
1954 practitioners, or laboratories performing analysis if waiving the license requirement is
1955 consistent with public health and safety.
1956 (e) A separate license is required at each principal place of business or professional
1957 practice where the applicant manufactures, produces, distributes, dispenses, conducts research
1958 with, or performs laboratory analysis upon controlled substances.
1959 (f) The division may enact rules providing for the inspection of a licensee or applicant's
1960 establishment, and may inspect the establishment according to those rules.
1961 (3) (a) (i) Upon proper application, the division shall license a qualified applicant to
1962 manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
1963 controlled substances included in Schedules I through V, unless it determines that issuance of a
1964 license is inconsistent with the public interest.
1965 (ii) The division may not issue a license to any person to prescribe, dispense, or
1966 administer a Schedule I controlled substance except under Subsection (3)(a)(i).
1967 (iii) In determining public interest under this Subsection (3)(a), the division shall
1968 consider whether the applicant has:
1969 (A) maintained effective controls against diversion of controlled substances and any
1970 Schedule I or II substance compounded from any controlled substance into channels other than
1971 legitimate medical, scientific, or industrial channels;
1972 (B) complied with applicable state and local law;
1973 (C) been convicted under federal or state laws relating to the manufacture, distribution,
1974 or dispensing of substances;
1975 (D) past experience in the manufacture of controlled dangerous substances;
1976 (E) established effective controls against diversion; and
1977 (F) complied with any other factors that the division establishes that promote the public
1978 health and safety.
1979 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
1980 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
1981 substances in Schedule I other than those specified in the license.
1982 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
1983 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
1984 research under the laws of this state.
1985 (ii) The division need not require a separate license for practitioners engaging in
1986 research with nonnarcotic controlled substances in Schedules II through V where the licensee is
1987 already licensed under this chapter in another capacity.
1988 (iii) With respect to research involving narcotic substances in Schedules II through V,
1989 or where the division by rule requires a separate license for research of nonnarcotic substances
1990 in Schedules II through V, a practitioner shall apply to the division prior to conducting
1991 research.
1992 (iv) Licensing for purposes of bona fide research with controlled substances by a
1993 practitioner considered qualified may be denied only on a ground specified in Subsection (4),
1994 or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
1995 adequately the practitioner's supply of substances against diversion from medical or scientific
1996 use.
1997 (v) Practitioners registered under federal law to conduct research in Schedule I
1998 substances may conduct research in Schedule I substances within this state upon providing the
1999 division with evidence of federal registration.
2000 (d) Compliance by manufacturers, producers, and distributors with the provisions of
2001 federal law respecting registration, excluding fees, entitles them to be licensed under this
2002 chapter.
2003 (e) The division shall initially license those persons who own or operate an
2004 establishment engaged in the manufacture, production, distribution, dispensation, or
2005 administration of controlled substances prior to April 3, 1980, and who are licensed by the
2006 state.
2007 (4) (a) Any license issued pursuant to Subsection (2) or (3) may be denied, suspended,
2008 placed on probation, or revoked by the division upon finding that the applicant or licensee has:
2009 (i) materially falsified any application filed or required pursuant to this chapter;
2010 (ii) been convicted of an offense under this chapter or any law of the United States, or
2011 any state, relating to any substance defined as a controlled substance;
2012 (iii) been convicted of a felony under any other law of the United States or any state
2013 within five years of the date of the issuance of the license;
2014 (iv) had a federal registration or license denied, suspended, or revoked by competent
2015 federal authority and is no longer authorized to manufacture, distribute, prescribe, or dispense
2016 controlled substances;
2017 (v) had the licensee's license suspended or revoked by competent authority of another
2018 state for violation of laws or regulations comparable to those of this state relating to the
2019 manufacture, distribution, or dispensing of controlled substances;
2020 (vi) violated any division rule that reflects adversely on the licensee's reliability and
2021 integrity with respect to controlled substances;
2022 (vii) refused inspection of records required to be maintained under this chapter by a
2023 person authorized to inspect them; or
2024 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
2025 purpose of manipulating human hormonal structure so as to:
2026 (A) increase muscle mass, strength, or weight without medical necessity and without a
2027 written prescription by any practitioner in the course of the practitioner's professional practice;
2028 or
2029 (B) improve performance in any form of human exercise, sport, or game.
2030 (b) The division may limit revocation or suspension of a license to a particular
2031 controlled substance with respect to which grounds for revocation or suspension exist.
2032 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
2033 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
2034 Occupational and Professional Licensing Act, and conducted in conjunction with the
2035 appropriate representative committee designated by the director of the department.
2036 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
2037 Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
2038 except where the division is designated by law to perform those functions, or, when not
2039 designated by law, is designated by the executive director of the Department of Commerce to
2040 conduct the proceedings.
2041 (d) (i) The division may suspend any license simultaneously with the institution of
2042 proceedings under this section if it finds there is an imminent danger to the public health or
2043 safety.
2044 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
2045 judicial review, unless withdrawn by the division or dissolved by a court of competent
2046 jurisdiction.
2047 (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
2048 substances owned or possessed by the licensee may be placed under seal in the discretion of the
2049 division.
2050 (ii) Disposition may not be made of substances under seal until the time for taking an
2051 appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
2052 orders the sale of perishable substances and the proceeds deposited with the court.
2053 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
2054 (f) The division shall notify promptly the Drug Enforcement Administration of all
2055 orders suspending or revoking a license and all forfeitures of controlled substances.
2056 (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
2057 surrendered, or suspended, the division shall immediately suspend the individual's controlled
2058 substance license, which shall only be reinstated by the division upon reinstatement of the
2059 federal registration, unless the division has taken further administrative action under
2060 Subsection (4)(a)(iv), which would be grounds for the continued denial of the controlled
2061 substance license.
2062 (5) (a) A person licensed under Subsection (2) or (3) shall maintain records and
2063 inventories in conformance with the record keeping and inventory requirements of federal and
2064 state law and any additional rules issued by the division.
2065 (b) (i) A physician, dentist, naturopathic physician, veterinarian, practitioner, or other
2066 individual who is authorized to administer or professionally use a controlled substance shall
2067 keep a record of the drugs received by the individual and a record of all drugs administered,
2068 dispensed, or professionally used by the individual otherwise than by a prescription.
2069 (ii) An individual using small quantities or solutions or other preparations of those
2070 drugs for local application has complied with this Subsection (5)(b) if the individual keeps a
2071 record of the quantity, character, and potency of those solutions or preparations purchased or
2072 prepared by the individual, and of the dates when purchased or prepared.
2073 (6) Controlled substances in Schedules I through V may be distributed only by a
2074 licensee and pursuant to an order form prepared in compliance with division rules or a lawful
2075 order under the rules and regulations of the United States.
2076 (7) (a) An individual may not write or authorize a prescription for a controlled
2077 substance unless the individual is:
2078 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
2079 or under the laws of another state having similar standards; and
2080 (ii) licensed under this chapter or under the laws of another state having similar
2081 standards.
2082 (b) An individual other than a pharmacist licensed under the laws of this state, or the
2083 pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not
2084 dispense a controlled substance.
2085 (c) (i) A controlled substance may not be dispensed without the written prescription of
2086 a practitioner, if the written prescription is required by the federal Controlled Substances Act.
2087 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
2088 conformity with Subsection (7)(d).
2089 (iii) In emergency situations, as defined by division rule, controlled substances may be
2090 dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
2091 designated by the division and filed by the pharmacy.
2092 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
2093 Subsection (7)(d).
2094 (d) Except for emergency situations designated by the division, an individual may not
2095 issue, fill, compound, or dispense a prescription for a controlled substance unless the
2096 prescription is signed by the prescriber in ink or indelible pencil or is signed with an electronic
2097 signature of the prescriber as authorized by division rule, and contains the following
2098 information:
2099 (i) the name, address, and registry number of the prescriber;
2100 (ii) the name, address, and age of the person to whom or for whom the prescription is
2101 issued;
2102 (iii) the date of issuance of the prescription; and
2103 (iv) the name, quantity, and specific directions for use by the ultimate user of the
2104 controlled substance.
2105 (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
2106 controlled substance unless:
2107 (i) the individual who writes the prescription is licensed under Subsection (2); and
2108 (ii) the prescribed controlled substance is to be used in research.
2109 (f) Except when administered directly to an ultimate user by a licensed practitioner,
2110 controlled substances are subject to the restrictions of this Subsection (7)(f).
2111 (i) A prescription for a Schedule II substance may not be refilled.
2112 (ii) A Schedule II controlled substance may not be filled in a quantity to exceed a
2113 one-month's supply, as directed on the daily dosage rate of the prescriptions.
2114 (iii) (A) Except as provided in Subsection (7)(f)(iii)(B), a prescription for a Schedule II
2115 or Schedule III controlled substance that is an opiate and that is issued for an acute condition
2116 shall be completely or partially filled in a quantity not to exceed a seven-day supply as directed
2117 on the daily dosage rate of the prescription.
2118 (B) Subsection (7)(f)(iii)(A) does not apply to a prescription issued for a surgery when
2119 the practitioner determined that a quantity exceeding seven days is needed, in which case the
2120 practitioner may prescribe up to a 30-day supply, with a partial fill at the discretion of the
2121 practitioner.
2122 (C) Subsection (7)(f)(iii)(A) does not apply to prescriptions issued for complex or
2123 chronic conditions which are documented as being complex or chronic in the medical record.
2124 (D) A pharmacist is not required to verify that a prescription is in compliance with
2125 Subsection (7)(f)(iii).
2126 (iv) A Schedule III or IV controlled substance may be filled only within six months of
2127 issuance, and may not be refilled more than six months after the date of its original issuance or
2128 be refilled more than five times after the date of the prescription unless renewed by the
2129 practitioner.
2130 (v) All other controlled substances in Schedule V may be refilled as the prescriber's
2131 prescription directs, but they may not be refilled one year after the date the prescription was
2132 issued unless renewed by the practitioner.
2133 (vi) Any prescription for a Schedule II substance may not be dispensed if it is not
2134 presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
2135 after the date the prescription was issued, or 30 days after the dispensing date, if that date is
2136 specified separately from the date of issue.
2137 (vii) A practitioner may issue more than one prescription at the same time for the same
2138 Schedule II controlled substance, but only under the following conditions:
2139 (A) no more than three prescriptions for the same Schedule II controlled substance may
2140 be issued at the same time;
2141 (B) no one prescription may exceed a 30-day supply; and
2142 (C) a second or third prescription shall include the date of issuance and the date for
2143 dispensing.
2144 (g) (i) Beginning January 1, 2022, each prescription issued for a controlled substance
2145 shall be transmitted electronically as an electronic prescription unless the prescription is:
2146 (A) for a patient residing in an assisted living facility as that term is defined in Section
2147 26-21-2, a long-term care facility as that term is defined in Section 58-31b-102, or a
2148 correctional facility as that term is defined in Section 64-13-1;
2149 (B) issued by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice
2150 Act;
2151 (C) dispensed by a Department of Veterans Affairs pharmacy;
2152 (D) issued during a temporary technical or electronic failure at the practitioner's or
2153 pharmacy's location; or
2154 (E) issued in an emergency situation.
2155 (ii) The division, in collaboration with the appropriate boards that govern the licensure
2156 of the licensees who are authorized by the division to prescribe or to dispense controlled
2157 substances, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2158 Rulemaking Act to:
2159 (A) require that controlled substances prescribed or dispensed under Subsection
2160 (7)(g)(i)(D) indicate on the prescription that the prescribing practitioner or the [
2161 pharmacy is experiencing a technical difficulty or an electronic failure;
2162 (B) define an emergency situation for purposes of Subsection (7)(g)(i)(E);
2163 (C) establish additional exemptions to the electronic prescription requirements
2164 established in this Subsection (7)(g);
2165 (D) establish guidelines under which a prescribing practitioner or a pharmacy may
2166 obtain an extension of up to two additional years to comply with Subsection (7)(g)(i);
2167 (E) establish a protocol to follow if the pharmacy that receives the electronic
2168 prescription is not able to fill the prescription; and
2169 (F) establish requirements that comply with federal laws and regulations for software
2170 used to issue and dispense electronic prescriptions.
2171 (h) An order for a controlled substance in Schedules II through V for use by an
2172 inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
2173 Subsection (7) if the order is:
2174 (i) issued or made by a prescribing practitioner who holds an unrestricted registration
2175 with the federal Drug Enforcement Administration, and an active Utah controlled substance
2176 license in good standing issued by the division under this section, or a medical resident who is
2177 exempted from licensure under Subsection 58-1-307(1)(c);
2178 (ii) authorized by the prescribing practitioner treating the patient and the prescribing
2179 practitioner designates the quantity ordered;
2180 (iii) entered upon the record of the patient, the record is signed by the prescriber
2181 affirming the prescriber's authorization of the order within 48 hours after filling or
2182 administering the order, and the patient's record reflects the quantity actually administered; and
2183 (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
2184 the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
2185 the hospital and the amount taken from the supply is administered directly to the patient
2186 authorized to receive it.
2187 (i) A practitioner licensed under this chapter may not prescribe, administer, or dispense
2188 a controlled substance to a child, without first obtaining the consent required in Section
2189 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except in cases
2190 of an emergency. For purposes of Subsection (7)(i), "child" has the same meaning as defined
2191 in Section [
2192 administration of a controlled substance for immediate relief of pain or suffering.
2193 (j) A practitioner licensed under this chapter may not prescribe or administer dosages
2194 of a controlled substance in excess of medically recognized quantities necessary to treat the
2195 ailment, malady, or condition of the ultimate user.
2196 (k) A practitioner licensed under this chapter may not prescribe, administer, or
2197 dispense any controlled substance to another person knowing that the other person is using a
2198 false name, address, or other personal information for the purpose of securing the controlled
2199 substance.
2200 (l) A person who is licensed under this chapter to manufacture, distribute, or dispense a
2201 controlled substance may not manufacture, distribute, or dispense a controlled substance to
2202 another licensee or any other authorized person not authorized by this license.
2203 (m) A person licensed under this chapter may not omit, remove, alter, or obliterate a
2204 symbol required by this chapter or by a rule issued under this chapter.
2205 (n) A person licensed under this chapter may not refuse or fail to make, keep, or
2206 furnish any record notification, order form, statement, invoice, or information required under
2207 this chapter.
2208 (o) A person licensed under this chapter may not refuse entry into any premises for
2209 inspection as authorized by this chapter.
2210 (p) A person licensed under this chapter may not furnish false or fraudulent material
2211 information in any application, report, or other document required to be kept by this chapter or
2212 willfully make any false statement in any prescription, order, report, or record required by this
2213 chapter.
2214 (8) (a) (i) Any person licensed under this chapter who is found by the division to have
2215 violated any of the provisions of Subsections (7)(k) through (o) or Subsection (10) is subject to
2216 a penalty not to exceed $5,000. The division shall determine the procedure for adjudication of
2217 any violations in accordance with Sections 58-1-106 and 58-1-108.
2218 (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
2219 General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
2220 (iii) The director may collect a penalty that is not paid by:
2221 (A) referring the matter to a collection agency; or
2222 (B) bringing an action in the district court of the county where the person against
2223 whom the penalty is imposed resides or in the county where the office of the director is located.
2224 (iv) A county attorney or the attorney general of the state shall provide legal assistance
2225 and advice to the director in an action to collect a penalty.
2226 (v) A court shall award reasonable attorney fees and costs to the prevailing party in an
2227 action brought by the division to collect a penalty.
2228 (b) Any person who knowingly and intentionally violates Subsections (7)(h) through (j)
2229 or Subsection (10) is:
2230 (i) upon first conviction, guilty of a class B misdemeanor;
2231 (ii) upon second conviction, guilty of a class A misdemeanor; and
2232 (iii) on third or subsequent conviction, guilty of a third degree felony.
2233 (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
2234 (o) shall upon conviction be guilty of a third degree felony.
2235 (9) Any information communicated to any licensed practitioner in an attempt to
2236 unlawfully procure, or to procure the administration of, a controlled substance is not considered
2237 to be a privileged communication.
2238 (10) A person holding a valid license under this chapter who is engaged in medical
2239 research may produce, possess, administer, prescribe, or dispense a controlled substance for
2240 research purposes as licensed under Subsection (2) but may not otherwise prescribe or dispense
2241 a controlled substance listed in Section 58-37-4.2.
2242 Section 31. Section 62A-1-108.5 is amended to read:
2243 62A-1-108.5. Mental illness and intellectual disability examinations --
2244 Responsibilities of the department.
2245 (1) In accomplishing the department's duties to conduct a competency evaluation under
2246 Title 77, Utah Code of Criminal Procedure, and a juvenile competency evaluation under Title
2247 [
2248 outlined in this section and within appropriations authorized by the Legislature.
2249 (2) When the department is ordered by a court to conduct a competency evaluation, the
2250 department shall designate a forensic evaluator, selected under Subsection (4), to evaluate the
2251 defendant in the defendant's current custody or status.
2252 (3) When the department is ordered by the juvenile court to conduct a juvenile
2253 competency evaluation under [
2254 department shall:
2255 (a) designate an examiner selected pursuant to Subsection (4) to evaluate the minor;
2256 and
2257 (b) upon a finding of good cause and order of the court, designate a second examiner to
2258 evaluate the minor.
2259 (4) The department shall establish criteria, in consultation with the Commission on
2260 Criminal and Juvenile Justice, and shall contract with persons to conduct competency
2261 evaluations and juvenile competency evaluations under Subsections (2) and (3)(b). In making
2262 this selection, the department shall follow the provisions of Title 63G, Chapter 6a, Utah
2263 Procurement Code.
2264 (5) Nothing in this section prohibits the department, at the request of defense counsel
2265 or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal
2266 Procedure, and for good cause shown, from proposing a person who has not been previously
2267 selected under Subsection (4) to contract with the department to conduct the evaluation. In
2268 selecting that person, the criteria of the department established under Subsection (4) and the
2269 provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
2270 Section 32. Section 62A-1-111 is amended to read:
2271 62A-1-111. Department authority.
2272 The department may, in addition to all other authority and responsibility granted to the
2273 department by law:
2274 (1) adopt rules, not inconsistent with law, as the department may consider necessary or
2275 desirable for providing social services to the people of this state;
2276 (2) establish and manage client trust accounts in the department's institutions and
2277 community programs, at the request of the client or the client's legal guardian or representative,
2278 or in accordance with federal law;
2279 (3) purchase, as authorized or required by law, services that the department is
2280 responsible to provide for legally eligible persons;
2281 (4) conduct adjudicative proceedings for clients and providers in accordance with the
2282 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
2283 (5) establish eligibility standards for its programs, not inconsistent with state or federal
2284 law or regulations;
2285 (6) take necessary steps, including legal action, to recover money or the monetary value
2286 of services provided to a recipient who was not eligible;
2287 (7) set and collect fees for the department's services;
2288 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
2289 or limited by law;
2290 (9) acquire, manage, and dispose of any real or personal property needed or owned by
2291 the department, not inconsistent with state law;
2292 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
2293 the proceeds thereof, may be credited to the program designated by the donor, and may be used
2294 for the purposes requested by the donor, as long as the request conforms to state and federal
2295 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
2296 under guidelines established by the state treasurer;
2297 (11) accept and employ volunteer labor or services; the department is authorized to
2298 reimburse volunteers for necessary expenses, when the department considers that
2299 reimbursement to be appropriate;
2300 (12) carry out the responsibility assigned in the workforce services plan by the State
2301 Workforce Development Board;
2302 (13) carry out the responsibility assigned by Section 35A-8-602 with respect to
2303 coordination of services for the homeless;
2304 (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
2305 coordination of services for students with a disability;
2306 (15) provide training and educational opportunities for the department's staff;
2307 (16) collect child support payments and any other money due to the department;
2308 (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
2309 whose child lives out of the home in a department licensed or certified setting;
2310 (18) establish policy and procedures, within appropriations authorized by the
2311 Legislature, in cases where [
2312 Division of Juvenile Justice Services is given custody of a minor by the juvenile court under
2313 [
2314 attainment plan for a minor found not competent to proceed under Section [
2315 80-6-403; any policy and procedures shall include:
2316 (a) designation of interagency teams for each juvenile court district in the state;
2317 (b) delineation of assessment criteria and procedures;
2318 (c) minimum requirements, and timeframes, for the development and implementation
2319 of a collaborative service plan for each minor placed in department custody; and
2320 (d) provisions for submittal of the plan and periodic progress reports to the court;
2321 (19) carry out the responsibilities assigned to the department by statute;
2322 (20) examine and audit the expenditures of any public funds provided to local
2323 substance abuse authorities, local mental health authorities, local area agencies on aging, and
2324 any person, agency, or organization that contracts with or receives funds from those authorities
2325 or agencies. Those local authorities, area agencies, and any person or entity that contracts with
2326 or receives funds from those authorities or area agencies, shall provide the department with any
2327 information the department considers necessary. The department is further authorized to issue
2328 directives resulting from any examination or audit to local authorities, area agencies, and
2329 persons or entities that contract with or receive funds from those authorities with regard to any
2330 public funds. If the department determines that it is necessary to withhold funds from a local
2331 mental health authority or local substance abuse authority based on failure to comply with state
2332 or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
2333 services. For purposes of this Subsection (20) "public funds" means the same as that term is
2334 defined in Section 62A-15-102;
2335 (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and
2336 persons to provide intercountry adoption services;
2337 (22) within appropriations authorized by the Legislature, promote and develop a
2338 system of care and stabilization services:
2339 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
2340 (b) that encompasses the department, department contractors, and the divisions,
2341 offices, or institutions within the department, to:
2342 (i) navigate services, funding resources, and relationships to the benefit of the children
2343 and families whom the department serves;
2344 (ii) centralize department operations, including procurement and contracting;
2345 (iii) develop policies that govern business operations and that facilitate a system of care
2346 approach to service delivery;
2347 (iv) allocate resources that may be used for the children and families served by the
2348 department or the divisions, offices, or institutions within the department, subject to the
2349 restrictions in Section 63J-1-206;
2350 (v) create performance-based measures for the provision of services; and
2351 (vi) centralize other business operations, including data matching and sharing among
2352 the department's divisions, offices, and institutions; and
2353 (23) ensure that any training or certification required of a public official or public
2354 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2355 22, State Training and Certification Requirements, if the training or certification is required:
2356 (a) under this title;
2357 (b) by the department; or
2358 (c) by an agency or division within the department.
2359 Section 33. Section 62A-2-108.8 is amended to read:
2360 62A-2-108.8. Residential support program -- Temporary homeless youth shelter.
2361 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2362 office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters
2363 in temporary homeless youth shelters, as defined in Section [
2364 provide overnight shelter to minors.
2365 Section 34. Section 62A-2-117.5 is amended to read:
2366 62A-2-117.5. Foster care by a child's relative.
2367 (1) In accordance with state and federal law, the division shall provide for licensure of
2368 a child's relative for foster or substitute care, when the child is in the temporary custody or
2369 custody of the Division of Child and Family Services. If it is determined that, under federal
2370 law, allowance is made for an approval process requiring less than full foster parent licensure
2371 proceedings for a child's relative, the division shall establish an approval process to accomplish
2372 that purpose.
2373 (2) For purposes of this section:
2374 (a) "Custody" and "temporary custody" mean the same as those terms are defined in
2375 Section 62A-4a-101.
2376 (b) "Relative" means the same as that term is defined in Section [
2377 Section 35. Section 62A-2-120 is amended to read:
2378 62A-2-120. Background check -- Direct access to children or vulnerable adults.
2379 (1) As used in this section:
2380 (a) (i) "Applicant" means:
2381 (A) the same as that term is defined in Section 62A-2-101;
2382 (B) an individual who is associated with a licensee and has or will likely have direct
2383 access to a child or a vulnerable adult;
2384 (C) an individual who provides respite care to a foster parent or an adoptive parent on
2385 more than one occasion;
2386 (D) a department contractor;
2387 (E) a guardian submitting an application on behalf of an individual, other than the child
2388 or vulnerable adult who is receiving the service, if the individual is 12 years [
2389 older and resides in a home, that is licensed or certified by the office, with the child or
2390 vulnerable adult who is receiving services; or
2391 (F) a guardian submitting an application on behalf of an individual, other than the child
2392 or vulnerable adult who is receiving the service, if the individual is 12 years [
2393 older and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
2394 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
2395 of the Division of Child and Family Services or the Division of Juvenile Justice Services.
2396 (b) "Application" means a background screening application to the office.
2397 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
2398 Public Safety, created in Section 53-10-201.
2399 (d) "Incidental care" means occasional care, not in excess of five hours per week and
2400 never overnight, for a foster child.
2401 (e) "Personal identifying information" means:
2402 (i) current name, former names, nicknames, and aliases;
2403 (ii) date of birth;
2404 (iii) physical address and email address;
2405 (iv) telephone number;
2406 (v) driver license or other government-issued identification;
2407 (vi) social security number;
2408 (vii) only for applicants who are 18 years [
2409 specified by the office; and
2410 (viii) other information specified by the office by rule made in accordance with Title
2411 63G, Chapter 3, Utah Administrative Rulemaking Act.
2412 (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
2413 submit the following to the office:
2414 (i) personal identifying information;
2415 (ii) a fee established by the office under Section 63J-1-504; and
2416 (iii) a disclosure form, specified by the office, for consent for:
2417 (A) an initial background check upon submission of the information described under
2418 this Subsection (2)(a);
2419 (B) ongoing monitoring of fingerprints and registries until no longer associated with a
2420 licensee for 90 days;
2421 (C) a background check when the office determines that reasonable cause exists; and
2422 (D) retention of personal identifying information, including fingerprints, for
2423 monitoring and notification as described in Subsections (3)(d) and (4).
2424 (b) In addition to the requirements described in Subsection (2)(a), if an applicant
2425 resided outside of the United States and its territories during the five years immediately
2426 preceding the day on which the information described in Subsection (2)(a) is submitted to the
2427 office, the office may require the applicant to submit documentation establishing whether the
2428 applicant was convicted of a crime during the time that the applicant resided outside of the
2429 United States or its territories.
2430 (3) The office:
2431 (a) shall perform the following duties as part of a background check of an applicant:
2432 (i) check state and regional criminal background databases for the applicant's criminal
2433 history by:
2434 (A) submitting personal identifying information to the bureau for a search; or
2435 (B) using the applicant's personal identifying information to search state and regional
2436 criminal background databases as authorized under Section 53-10-108;
2437 (ii) submit the applicant's personal identifying information and fingerprints to the
2438 bureau for a criminal history search of applicable national criminal background databases;
2439 (iii) search the Department of Human Services, Division of Child and Family Services'
2440 Licensing Information System described in Section 62A-4a-1006;
2441 (iv) search the Department of Human Services, Division of Aging and Adult Services'
2442 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
2443 (v) search the juvenile court records for substantiated findings of severe child abuse or
2444 neglect described in Section [
2445 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
2446 under Section 78A-6-209;
2447 (b) shall conduct a background check of an applicant for an initial background check
2448 upon submission of the information described under Subsection (2)(a);
2449 (c) may conduct all or portions of a background check of an applicant, as provided by
2450 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
2451 Rulemaking Act:
2452 (i) for an annual renewal; or
2453 (ii) when the office determines that reasonable cause exists;
2454 (d) may submit an applicant's personal identifying information, including fingerprints,
2455 to the bureau for checking, retaining, and monitoring of state and national criminal background
2456 databases and for notifying the office of new criminal activity associated with the applicant;
2457 (e) shall track the status of an approved applicant under this section to ensure that an
2458 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
2459 the applicant applies for:
2460 (i) more than one license;
2461 (ii) direct access to a child or a vulnerable adult in more than one human services
2462 program; or
2463 (iii) direct access to a child or a vulnerable adult under a contract with the department;
2464 (f) shall track the status of each license and each individual with direct access to a child
2465 or a vulnerable adult and notify the bureau within 90 days after the day on which the license
2466 expires or the individual's direct access to a child or a vulnerable adult ceases;
2467 (g) shall adopt measures to strictly limit access to personal identifying information
2468 solely to the individuals responsible for processing and entering the applications for
2469 background checks and to protect the security of the personal identifying information the office
2470 reviews under this Subsection (3);
2471 (h) as necessary to comply with the federal requirement to check a state's child abuse
2472 and neglect registry regarding any individual working in a congregate care setting that serves
2473 children, shall:
2474 (i) search the Department of Human Services, Division of Child and Family Services'
2475 Licensing Information System described in Section 62A-4a-1006; and
2476 (ii) require the child abuse and neglect registry be checked in each state where an
2477 applicant resided at any time during the five years immediately preceding the day on which the
2478 applicant submits the information described in Subsection (2)(a) to the office; and
2479 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
2480 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
2481 checks.
2482 (4) (a) With the personal identifying information the office submits to the bureau under
2483 Subsection (3), the bureau shall check against state and regional criminal background databases
2484 for the applicant's criminal history.
2485 (b) With the personal identifying information and fingerprints the office submits to the
2486 bureau under Subsection (3), the bureau shall check against national criminal background
2487 databases for the applicant's criminal history.
2488 (c) Upon direction from the office, and with the personal identifying information and
2489 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
2490 (i) maintain a separate file of the fingerprints for search by future submissions to the
2491 local and regional criminal records databases, including latent prints; and
2492 (ii) monitor state and regional criminal background databases and identify criminal
2493 activity associated with the applicant.
2494 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
2495 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
2496 Investigation Next Generation Identification System for the purpose of:
2497 (i) being searched by future submissions to the national criminal records databases,
2498 including the Federal Bureau of Investigation Next Generation Identification System and latent
2499 prints; and
2500 (ii) monitoring national criminal background databases and identifying criminal
2501 activity associated with the applicant.
2502 (e) The Bureau shall notify and release to the office all information of criminal activity
2503 associated with the applicant.
2504 (f) Upon notice from the office that a license has expired or an individual's direct
2505 access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
2506 (i) discard and destroy any retained fingerprints; and
2507 (ii) notify the Federal Bureau of Investigation when the license has expired or an
2508 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
2509 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
2510 Investigation Next Generation Identification System.
2511 (5) (a) After conducting the background check described in Subsections (3) and (4), the
2512 office shall deny an application to an applicant who, within three years before the day on which
2513 the applicant submits information to the office under Subsection (2) for a background check,
2514 has been convicted of any of the following, regardless of whether the offense is a felony, a
2515 misdemeanor, or an infraction:
2516 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
2517 animals, or bestiality;
2518 (ii) a violation of any pornography law, including sexual exploitation of a minor;
2519 (iii) prostitution;
2520 (iv) an offense included in:
2521 (A) Title 76, Chapter 5, Offenses Against the Person;
2522 (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
2523 (C) Title 76, Chapter 7, Offenses Against the Family;
2524 (v) aggravated arson, as described in Section 76-6-103;
2525 (vi) aggravated burglary, as described in Section 76-6-203;
2526 (vii) aggravated robbery, as described in Section 76-6-302;
2527 (viii) identity fraud crime, as described in Section 76-6-1102; or
2528 (ix) a felony or misdemeanor offense committed outside of the state that, if committed
2529 in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
2530 through (viii).
2531 (b) If the office denies an application to an applicant based on a conviction described in
2532 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
2533 Subsection (6).
2534 (c) If the applicant will be working in a program serving only adults whose only
2535 impairment is a mental health diagnosis, including that of a serious mental health disorder,
2536 with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
2537 do not apply, and the office shall conduct a comprehensive review as described in Subsection
2538 (6).
2539 (6) (a) The office shall conduct a comprehensive review of an applicant's background
2540 check if the applicant:
2541 (i) has an open court case or a conviction for any felony offense, not described in
2542 Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
2543 which the applicant submits the application;
2544 (ii) has an open court case or a conviction for a misdemeanor offense, not described in
2545 Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
2546 3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
2547 on which the applicant submits information to the office under Subsection (2) for a background
2548 check;
2549 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
2550 than three years before the day on which the applicant submitted information under Subsection
2551 (2)(a);
2552 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
2553 described in Subsection (5)(a);
2554 (v) has a listing in the Department of Human Services, Division of Child and Family
2555 Services' Licensing Information System described in Section 62A-4a-1006;
2556 (vi) has a listing in the Department of Human Services, Division of Aging and Adult
2557 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
2558 62A-3-311.1;
2559 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
2560 or neglect described in Section [
2561 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
2562 an adult, would be a felony or misdemeanor, if the applicant is:
2563 (A) under 28 years [
2564 (B) 28 years [
2565 or is currently subject to a plea in abeyance or diversion agreement for a felony or a
2566 misdemeanor offense described in Subsection (5)(a);
2567 (ix) has a pending charge for an offense described in Subsection (5)(a); or
2568 (x) is an applicant described in Subsection (5)(c).
2569 (b) The comprehensive review described in Subsection (6)(a) shall include an
2570 examination of:
2571 (i) the date of the offense or incident;
2572 (ii) the nature and seriousness of the offense or incident;
2573 (iii) the circumstances under which the offense or incident occurred;
2574 (iv) the age of the perpetrator when the offense or incident occurred;
2575 (v) whether the offense or incident was an isolated or repeated incident;
2576 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
2577 adult, including:
2578 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
2579 (B) sexual abuse;
2580 (C) sexual exploitation; or
2581 (D) negligent treatment;
2582 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
2583 treatment received, or additional academic or vocational schooling completed;
2584 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
2585 which the applicant is applying; and
2586 (ix) any other pertinent information presented to or publicly available to the committee
2587 members.
2588 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2589 office shall deny an application to an applicant if the office finds that approval would likely
2590 create a risk of harm to a child or a vulnerable adult.
2591 (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2592 office may not deny an application to an applicant solely because the applicant was convicted
2593 of an offense that occurred 10 or more years before the day on which the applicant submitted
2594 the information required under Subsection (2)(a) if:
2595 (i) the applicant has not committed another misdemeanor or felony offense after the
2596 day on which the conviction occurred; and
2597 (ii) the applicant has never been convicted of an offense described in Subsection
2598 (14)(c).
2599 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2600 office may make rules, consistent with this chapter, to establish procedures for the
2601 comprehensive review described in this Subsection (6).
2602 (7) Subject to Subsection (10), the office shall approve an application to an applicant
2603 who is not denied under Subsection (5), (6), or (13).
2604 (8) (a) The office may conditionally approve an application of an applicant, for a
2605 maximum of 60 days after the day on which the office sends written notice to the applicant
2606 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
2607 (i) is awaiting the results of the criminal history search of national criminal background
2608 databases; and
2609 (ii) would otherwise approve an application of the applicant under Subsection (7).
2610 (b) The office may conditionally approve an application of an applicant, for a
2611 maximum of one year after the day on which the office sends written notice to the applicant
2612 under Subsection (12), without requiring that the applicant be directly supervised if the office:
2613 (i) is awaiting the results of an out-of-state registry for providers other than foster and
2614 adoptive parents; and
2615 (ii) would otherwise approve an application of the applicant under Subsection (7).
2616 (c) Upon receiving the results of the criminal history search of a national criminal
2617 background database, the office shall approve or deny the application of the applicant in
2618 accordance with Subsections (5) through (7).
2619 (9) A licensee or department contractor may not permit an individual to have direct
2620 access to a child or a vulnerable adult unless, subject to Subsection (10):
2621 (a) the individual is associated with the licensee or department contractor and:
2622 (i) the individual's application is approved by the office under this section;
2623 (ii) the individual's application is conditionally approved by the office under
2624 Subsection (8); or
2625 (iii) (A) the individual has submitted the background check information described in
2626 Subsection (2) to the office;
2627 (B) the office has not determined whether to approve the applicant's application; and
2628 (C) the individual is directly supervised by an individual who has a current background
2629 screening approval issued by the office under this section and is associated with the licensee or
2630 department contractor;
2631 (b) (i) the individual is associated with the licensee or department contractor;
2632 (ii) the individual has a current background screening approval issued by the office
2633 under this section;
2634 (iii) one of the following circumstances, that the office has not yet reviewed under
2635 Subsection (6), applies to the individual:
2636 (A) the individual was charged with an offense described in Subsection (5)(a);
2637 (B) the individual is listed in the Licensing Information System, described in Section
2638 62A-4a-1006;
2639 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
2640 database, described in Section 62A-3-311.1;
2641 (D) the individual has a record in the juvenile court of a substantiated finding of severe
2642 child abuse or neglect, described in Section [
2643 (E) the individual has a record of an adjudication in juvenile court for an act that, if
2644 committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
2645 or (6); and
2646 (iv) the individual is directly supervised by an individual who:
2647 (A) has a current background screening approval issued by the office under this
2648 section; and
2649 (B) is associated with the licensee or department contractor;
2650 (c) the individual:
2651 (i) is not associated with the licensee or department contractor; and
2652 (ii) is directly supervised by an individual who:
2653 (A) has a current background screening approval issued by the office under this
2654 section; and
2655 (B) is associated with the licensee or department contractor;
2656 (d) the individual is the parent or guardian of the child, or the guardian of the
2657 vulnerable adult;
2658 (e) the individual is approved by the parent or guardian of the child, or the guardian of
2659 the vulnerable adult, to have direct access to the child or the vulnerable adult;
2660 (f) the individual is only permitted to have direct access to a vulnerable adult who
2661 voluntarily invites the individual to visit; or
2662 (g) the individual only provides incidental care for a foster child on behalf of a foster
2663 parent who has used reasonable and prudent judgment to select the individual to provide the
2664 incidental care for the foster child.
2665 (10) An individual may not have direct access to a child or a vulnerable adult if the
2666 individual is prohibited by court order from having that access.
2667 (11) Notwithstanding any other provision of this section, an individual for whom the
2668 office denies an application may not have direct access to a child or vulnerable adult unless the
2669 office approves a subsequent application by the individual.
2670 (12) (a) Within 30 days after the day on which the office receives the background
2671 check information for an applicant, the office shall give notice of the clearance status to:
2672 (i) the applicant, and the licensee or department contractor, of the office's decision
2673 regarding the background check and findings; and
2674 (ii) the applicant of any convictions and potentially disqualifying charges and
2675 adjudications found in the search.
2676 (b) With the notice described in Subsection (12)(a), the office shall also give the
2677 applicant the details of any comprehensive review conducted under Subsection (6).
2678 (c) If the notice under Subsection (12)(a) states that the applicant's application is
2679 denied, the notice shall further advise the applicant that the applicant may, under Subsection
2680 62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
2681 challenge the office's decision.
2682 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2683 office shall make rules, consistent with this chapter:
2684 (i) defining procedures for the challenge of the office's background check decision
2685 described in Subsection (12)(c); and
2686 (ii) expediting the process for renewal of a license under the requirements of this
2687 section and other applicable sections.
2688 (13) An individual or a department contractor who provides services in an adults only
2689 substance use disorder program, as defined by rule, is exempt from this section. This
2690 exemption does not extend to a program director or a member, as defined by Section
2691 62A-2-108, of the program.
2692 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
2693 of this section, if the background check of an applicant is being conducted for the purpose of
2694 giving clearance status to an applicant seeking a position in a congregate care facility, an
2695 applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
2696 an applicant seeking to provide a prospective adoptive home, the office shall:
2697 (i) check the child abuse and neglect registry in each state where each applicant resided
2698 in the five years immediately preceding the day on which the applicant applied to be a foster
2699 parent or adoptive parent, to determine whether the prospective foster parent or prospective
2700 adoptive parent is listed in the registry as having a substantiated or supported finding of child
2701 abuse or neglect; and
2702 (ii) check the child abuse and neglect registry in each state where each adult living in
2703 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
2704 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
2705 parent, to determine whether the adult is listed in the registry as having a substantiated or
2706 supported finding of child abuse or neglect.
2707 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
2708 (i) federal law or rule permits otherwise; or
2709 (ii) the requirements would prohibit the Division of Child and Family Services or a
2710 court from placing a child with:
2711 (A) a noncustodial parent under Section 62A-4a-209, [
2712 80-3-302, or 80-3-303; or
2713 (B) a relative, other than a noncustodial parent, under Section 62A-4a-209,
2714 [
2715 check described in Subsection (5).
2716 (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
2717 applicant seeking a position in a congregate care facility, an applicant for a one-time adoption,
2718 an applicant to become a prospective foster parent, or an applicant to become a prospective
2719 adoptive parent if the applicant has been convicted of:
2720 (i) a felony involving conduct that constitutes any of the following:
2721 (A) child abuse, as described in Section 76-5-109;
2722 (B) commission of domestic violence in the presence of a child, as described in Section
2723 76-5-109.1;
2724 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
2725 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
2726 (E) aggravated murder, as described in Section 76-5-202;
2727 (F) murder, as described in Section 76-5-203;
2728 (G) manslaughter, as described in Section 76-5-205;
2729 (H) child abuse homicide, as described in Section 76-5-208;
2730 (I) homicide by assault, as described in Section 76-5-209;
2731 (J) kidnapping, as described in Section 76-5-301;
2732 (K) child kidnapping, as described in Section 76-5-301.1;
2733 (L) aggravated kidnapping, as described in Section 76-5-302;
2734 (M) human trafficking of a child, as described in Section 76-5-308.5;
2735 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
2736 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
2737 (P) aggravated arson, as described in Section 76-6-103;
2738 (Q) aggravated burglary, as described in Section 76-6-203;
2739 (R) aggravated robbery, as described in Section 76-6-302; or
2740 (S) domestic violence, as described in Section 77-36-1; or
2741 (ii) an offense committed outside the state that, if committed in the state, would
2742 constitute a violation of an offense described in Subsection (14)(c)(i).
2743 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
2744 license renewal to a prospective foster parent or a prospective adoptive parent if, within the five
2745 years immediately preceding the day on which the individual's application or license would
2746 otherwise be approved, the applicant was convicted of a felony involving conduct that
2747 constitutes a violation of any of the following:
2748 (i) aggravated assault, as described in Section 76-5-103;
2749 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
2750 (iii) mayhem, as described in Section 76-5-105;
2751 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
2752 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
2753 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
2754 Act;
2755 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
2756 Precursor Act; or
2757 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
2758 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
2759 conduct the comprehensive review of an applicant's background check pursuant to this section
2760 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
2761 child abuse and neglect registry of another state as having a substantiated or supported finding
2762 of a severe type of child abuse or neglect as defined in Section 62A-4a-1002.
2763 Section 36. Section 62A-2-121 is amended to read:
2764 62A-2-121. Access to abuse and neglect information.
2765 (1) [
2766 (a) "Direct service worker" means the same as that term is defined in Section
2767 62A-5-101.
2768 (b) "Personal care attendant" means the same as that term is defined in Section
2769 62A-3-101.
2770 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
2771 department may access only the Licensing Information System of the Division of Child and
2772 Family Services created by Section 62A-4a-1006 and juvenile court records under Subsection
2773 [
2774 (a) (i) determining whether a person associated with a licensee, with direct access to
2775 children:
2776 (A) is listed in the Licensing Information System; or
2777 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2778 neglect under Subsections [
2779 (ii) informing a licensee that a person associated with the licensee:
2780 (A) is listed in the Licensing Information System; or
2781 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2782 neglect under Subsections [
2783 (b) (i) determining whether a direct service worker:
2784 (A) is listed in the Licensing Information System; or
2785 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2786 neglect under Subsections [
2787 (ii) informing a direct service worker or the direct service worker's employer that the
2788 direct service worker:
2789 (A) is listed in the Licensing Information System; or
2790 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2791 neglect under Subsections [
2792 (c) (i) determining whether a personal care attendant:
2793 (A) is listed in the Licensing Information System; or
2794 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2795 neglect under Subsections [
2796 (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a
2797 personal care attendant:
2798 (A) is listed in the Licensing Information System; or
2799 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2800 neglect under Subsections [
2801 (3) Notwithstanding Subsection (2), the department may access the Division of Child
2802 and Family Services' Management Information System under Section 62A-4a-1003:
2803 (a) for the purpose of licensing and monitoring foster parents;
2804 (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and
2805 (c) for the purpose described in Section 62A-1-118.
2806 (4) The department shall receive and process personal identifying information under
2807 Subsection 62A-2-120(1) for the purposes described in Subsection (2).
2808 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
2809 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
2810 may have direct access or provide services to children when:
2811 (a) the person is listed in the Licensing Information System of the Division of Child
2812 and Family Services created by Section 62A-4a-1006; or
2813 (b) juvenile court records show that a court made a substantiated finding under Section
2814 [
2815 Section 37. Section 62A-4a-102 is amended to read:
2816 62A-4a-102. Rulemaking responsibilities of division.
2817 (1) The Division of Child and Family Services, created in Section 62A-4a-103, is
2818 responsible for establishing division rules under Title 63G, Chapter 3, Utah Administrative
2819 Rulemaking Act, in accordance with the requirements of this chapter and [
2820
2821 regarding abuse, neglect, and dependency proceedings, and domestic violence services. The
2822 division is responsible to see that the legislative purposes for the division are carried out.
2823 (2) The division shall:
2824 (a) approve fee schedules for programs within the division;
2825 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2826 establish rules to ensure that private citizens, consumers, foster parents, private contract
2827 providers, allied state and local agencies, and others are provided with an opportunity to
2828 comment and provide input regarding any new rule or proposed revision of an existing rule;
2829 and
2830 (c) provide a mechanism for:
2831 (i) systematic and regular review of existing rules, including an annual review of all
2832 division rules to ensure that rules comply with the Utah Code; and
2833 (ii) consideration of rule changes proposed by the persons and agencies described in
2834 Subsection (2)(b).
2835 (3) (a) The division shall establish rules for the determination of eligibility for services
2836 offered by the division in accordance with this chapter.
2837 (b) The division may, by rule, establish eligibility standards for consumers.
2838 (4) The division shall adopt and maintain rules regarding placement for adoption or
2839 foster care that are consistent with, and no more restrictive than, applicable statutory
2840 provisions.
2841 Section 38. Section 62A-4a-103 is amended to read:
2842 62A-4a-103. Division -- Creation -- Purpose.
2843 (1) (a) There is created the Division of Child and Family Services within the
2844 department, under the administration and general supervision of the executive director.
2845 (b) The division is the child, youth, and family services authority of the state and has
2846 all functions, powers, duties, rights, and responsibilities created in accordance with this
2847 chapter, except those assumed by the department.
2848 (2) (a) The primary purpose of the division is to provide child welfare services.
2849 (b) The division shall, when possible and appropriate, provide in-home services for the
2850 preservation of families in an effort to protect the child from the trauma of separation from the
2851 child's family, protect the integrity of the family, and the constitutional rights of parents. In
2852 keeping with its ultimate goal and purpose of protecting children, however, when a child's
2853 welfare is endangered or reasonable efforts to maintain or reunify a child with the child's family
2854 have failed, the division shall act in a timely fashion in accordance with the requirements of
2855 this chapter and [
2856 Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, to provide the child with a
2857 stable, permanent environment.
2858 (3) The division shall also provide domestic violence services in accordance with
2859 federal law.
2860 Section 39. Section 62A-4a-105 is amended to read:
2861 62A-4a-105. Division responsibilities.
2862 (1) The division shall:
2863 (a) administer services to minors and families, including:
2864 (i) child welfare services;
2865 (ii) domestic violence services; and
2866 (iii) all other responsibilities that the Legislature or the executive director may assign to
2867 the division;
2868 (b) provide the following services:
2869 (i) financial and other assistance to an individual adopting a child with special needs
2870 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
2871 child as a legal ward of the state;
2872 (ii) non-custodial and in-home services, including:
2873 (A) services designed to prevent family break-up; and
2874 (B) family preservation services;
2875 (iii) reunification services to families whose children are in substitute care in
2876 accordance with the requirements of this chapter and [
2877
2878 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
2879 or neglect of a child in that family;
2880 (v) shelter care in accordance with the requirements of this chapter and [
2881
2882 Proceedings;
2883 (vi) domestic violence services, in accordance with the requirements of federal law;
2884 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
2885 and their children, in accordance with the provisions of this chapter and [
2886
2887 (viii) substitute care for dependent, abused, and neglected children;
2888 (ix) services for minors who are victims of human trafficking or human smuggling as
2889 described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
2890 solicitation as defined in Sections 76-10-1302 and 76-10-1313; and
2891 (x) training for staff and providers involved in the administration and delivery of
2892 services offered by the division in accordance with this chapter;
2893 (c) establish standards for all:
2894 (i) contract providers of out-of-home care for minors and families;
2895 (ii) facilities that provide substitute care for dependent, abused, and neglected children
2896 placed in the custody of the division; and
2897 (iii) direct or contract providers of domestic violence services described in Subsection
2898 (1)(b)(vi);
2899 (d) have authority to:
2900 (i) contract with a private, nonprofit organization to recruit and train foster care
2901 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
2902 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
2903 provide substitute care for dependent, abused, and neglected children placed in the custody of
2904 the division;
2905 (e) cooperate with the federal government in the administration of child welfare and
2906 domestic violence programs and other human service activities assigned by the department;
2907 (f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
2908 division records to the same extent that the division is required to protect division records,
2909 cooperate with and share all appropriate information in the division's possession regarding an
2910 Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
2911 with the Indian tribe that is affiliated with the Indian child;
2912 (g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
2913 enacted for the protection of abused, neglected, and dependent children, in accordance with the
2914 requirements of this chapter, unless administration is expressly vested in another division or
2915 department of the state;
2916 (h) cooperate with the Workforce Development Division within the Department of
2917 Workforce Services in meeting the social and economic needs of an individual who is eligible
2918 for public assistance;
2919 (i) compile relevant information, statistics, and reports on child and family service
2920 matters in the state;
2921 (j) prepare and submit to the department, the governor, and the Legislature reports of
2922 the operation and administration of the division in accordance with the requirements of
2923 Sections 62A-4a-117 and 62A-4a-118;
2924 (k) within appropriations from the Legislature, provide or contract for a variety of
2925 domestic violence services and treatment methods;
2926 (l) ensure regular, periodic publication, including electronic publication, regarding the
2927 number of children in the custody of the division who:
2928 (i) have a permanency goal of adoption; or
2929 (ii) have a final plan of termination of parental rights, pursuant to Section [
2930 80-3-409, and promote adoption of those children;
2931 (m) subject to Subsection (2)(b), refer an individual receiving services from the
2932 division to the local substance abuse authority or other private or public resource for a
2933 court-ordered drug screening test;
2934 (n) report before November 30, 2020, and every third year thereafter, to the Social
2935 Services Appropriations Subcommittee regarding:
2936 (i) the daily reimbursement rate that is provided to licensed foster parents based on
2937 level of care;
2938 (ii) the amount of money spent on daily reimbursements for licensed foster parents in
2939 the state during the previous fiscal year; and
2940 (iii) any recommended changes to the division's budget to support the daily
2941 reimbursement rates described in Subsection (1)(n)(i); and
2942 (o) perform other duties and functions required by law.
2943 (2) (a) In carrying out the requirements of Subsection (1)(g), the division shall:
2944 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
2945 with all public and private licensed child welfare agencies and institutions to develop and
2946 administer a broad range of services and support;
2947 (ii) take the initiative in all matters involving the protection of abused or neglected
2948 children, if adequate provisions have not been made or are not likely to be made; and
2949 (iii) make expenditures necessary for the care and protection of the children described
2950 in this Subsection (2)(a), within the division's budget.
2951 (b) When an individual is referred to a local substance abuse authority or other private
2952 or public resource for court-ordered drug screening under Subsection (1)(m), the court shall
2953 order the individual to pay all costs of the tests unless:
2954 (i) the cost of the drug screening is specifically funded or provided for by other federal
2955 or state programs;
2956 (ii) the individual is a participant in a drug court; or
2957 (iii) the court finds that the individual is impecunious.
2958 (3) Except to the extent provided by rule, the division is not responsible for
2959 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
2960 (4) The division may not require a parent who has a child in the custody of the division
2961 to pay for some or all of the cost of any drug testing the parent is required to undergo.
2962 Section 40. Section 62A-4a-113 is amended to read:
2963 62A-4a-113. Division's enforcement authority -- Responsibility of attorney
2964 general to represent division.
2965 (1) The division shall take legal action that is necessary to enforce the provisions of
2966 this chapter.
2967 (2) (a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
2968 civil enforcement actions, the attorney general shall enforce all provisions of this chapter, in
2969 addition to the requirements of [
2970 Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and
2971 Restoration of Parental Rights, relating to protection, custody, and parental rights termination
2972 for abused, neglected, or dependent minors.
2973 (b) The attorney general may contract with the local county attorney to enforce the
2974 provisions of this chapter and [
2975 Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and
2976 Restoration of Parental Rights.
2977 (c) It is the responsibility of the attorney general's office to:
2978 (i) advise the division regarding decisions to remove a minor from the minor's home;
2979 (ii) represent the division in all court and administrative proceedings related to abuse,
2980 neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,
2981 dispositional review hearings, periodic review hearings, and petitions for termination of
2982 parental rights; and
2983 (iii) be available to and advise caseworkers on an ongoing basis.
2984 (d) (i) The attorney general shall designate no less than 16 full-time attorneys to advise
2985 and represent the division in abuse, neglect, and dependency proceedings, including petitions
2986 for termination of parental rights.
2987 (ii) The attorneys described in Subsection (2)(d)(i) shall devote their full time and
2988 attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable,
2989 shall be housed in or near various offices of the division statewide.
2990 (3) (a) The attorney general's office shall represent the division with regard to actions
2991 involving minors who have not been adjudicated as abused or neglected, but who are otherwise
2992 committed to the custody of the division by the juvenile court, and who are placed in custody
2993 of the division primarily on the basis of delinquent behavior or a status offense.
2994 (b) Nothing in this section may be construed to affect the responsibility of the county
2995 attorney or district attorney to represent the state in the matters described in Subsection (3)(a)
2996 in accordance with [
2997 Section 41. Section 62A-4a-114 is amended to read:
2998 62A-4a-114. Financial reimbursement by parent or legal guardian.
2999 (1) Except as provided in Subsection (5), the division shall seek reimbursement of
3000 funds it has expended on behalf of a child in the protective custody, temporary custody, or
3001 custody of the division, from the child's parents or legal guardians in accordance with an order
3002 for child support under Section [
3003 (2) A parent or any other obligated person is not responsible for support for periods of
3004 time that a child is removed upon a finding by the juvenile court that there were insufficient
3005 grounds for that removal and that child is returned to the home of the parent, parents, or legal
3006 guardians based upon that finding.
3007 (3) In the event that the juvenile court finds that there were insufficient grounds for the
3008 initial removal, but that the child is to remain in the custody of the state, the juvenile court shall
3009 order that the parents or any other obligated persons are responsible for support from the point
3010 at which it became improper to return the child to the home of the child's parent, parents, or
3011 legal guardians.
3012 (4) The attorney general shall represent the division in any legal action taken to enforce
3013 this section.
3014 (5) (a) A parent or any other obligated person is not responsible for support if:
3015 (i) the parent or other obligated person's only source of income is a government-issued
3016 disability benefit; and
3017 (ii) the benefit described in Subsection (5)(a)(i) is issued because of the parent or other
3018 person's disability, and not the child's disability.
3019 (b) A person who seeks to be excused from providing support under Subsection (5)(a)
3020 shall provide the division and the Office of Recovery Services with evidence that the person
3021 meets the requirements of Subsection (5)(a).
3022 Section 42. Section 62A-4a-118 is amended to read:
3023 62A-4a-118. Annual review of child welfare referrals and cases by executive
3024 director -- Accountability to the Legislature -- Review by legislative auditor general.
3025 (1) The division shall use principles of quality management systems, including
3026 statistical measures of processes of service, and the routine reporting of performance data to
3027 employees.
3028 (2) (a) In addition to development of quantifiable outcome measures and performance
3029 measures in accordance with Section 62A-4a-117, the executive director, or the executive
3030 director's designee, shall annually review a randomly selected sample of child welfare referrals
3031 to and cases handled by the division. The purpose of that review shall be to assess whether the
3032 division is adequately protecting children and providing appropriate services to families, in
3033 accordance with the provisions of Title 62A, Chapter 4a, Child and Family Services, and [
3034
3035
3036 Chapter 4, Termination and Restoration of Parental Rights. The review shall focus directly on
3037 the outcome of cases to children and families, and not simply on procedural compliance with
3038 specified criteria.
3039 (b) The executive director shall report on the executive director's review to the
3040 legislative auditor general and the Child Welfare Legislative Oversight Panel.
3041 (c) Information obtained as a result of the review shall be provided to caseworkers,
3042 supervisors, and division personnel involved in the respective cases, for purposes of education,
3043 training, and performance evaluation.
3044 (3) The executive director's review and report to the legislative auditor general and the
3045 Child Welfare Legislative Oversight Panel shall include:
3046 (a) the criteria used by the executive director, or the executive director's designee, in
3047 making the evaluation;
3048 (b) findings regarding whether state statutes, division rule, legislative policy, and
3049 division policy were followed in each sample case;
3050 (c) findings regarding whether, in each sample case, referrals, removals, or cases were
3051 appropriately handled by the division and its employees, and whether children were adequately
3052 and appropriately protected and appropriate services provided to families, in accordance with
3053 the provisions of Title 62A, Chapter 4a, Child and Family Services, [
3054
3055
3056 Termination and Restoration of Parental Rights, and division rule;
3057 (d) an assessment of the division's intake procedures and decisions, including an
3058 assessment of the appropriateness of decisions not to accept referrals; and
3059 (e) an assessment of the appropriateness of the division's assignment of priority.
3060 (4) (a) In addition to the executive director's review under Subsection (2), the
3061 legislative auditor general shall audit, subject to the prioritization of the Legislative Audit
3062 Subcommittee, a sample of child welfare referrals to and cases handled by the division and
3063 report the findings to the Child Welfare Legislative Oversight Panel.
3064 (b) An audit under Subsection (4)(a) may be initiated by:
3065 (i) the Audit Subcommittee of the Legislative Management Committee;
3066 (ii) the Child Welfare Legislative Oversight Panel; or
3067 (iii) the legislative auditor general, based on the results of the executive director's
3068 review under Subsection (2).
3069 (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
3070 General's report may include:
3071 (i) findings regarding whether state statutes, division rule, legislative policy, and
3072 division policy were followed by the division and its employees;
3073 (ii) a determination regarding whether referrals, removals, and cases were appropriately
3074 handled by the division and its employees, and whether children were adequately and
3075 appropriately protected and appropriate services provided for families, in accordance with the
3076 provisions of Title 62A, Chapter 4a, Child and Family Services, [
3077
3078 Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
3079 and Restoration of Parental Rights, and division rule;
3080 (iii) an assessment of the division's intake procedures and decisions, including an
3081 assessment of the appropriateness of decisions not to accept referrals;
3082 (iv) an assessment of the appropriateness of the division's assignment of priority;
3083 (v) a determination regarding whether the department's review process is effecting
3084 beneficial change within the division and accomplishing the mission established by the
3085 Legislature and the department for that review process; and
3086 (vi) findings regarding any other issues identified by the auditor or others under this
3087 Subsection (4).
3088 Section 43. Section 62A-4a-201 is amended to read:
3089 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
3090 state.
3091 (1) (a) Under both the United States Constitution and the constitution of this state, a
3092 parent possesses a fundamental liberty interest in the care, custody, and management of the
3093 parent's children. A fundamentally fair process must be provided to parents if the state moves
3094 to challenge or interfere with parental rights. A governmental entity must support any actions
3095 or allegations made in opposition to the rights and desires of a parent regarding the parent's
3096 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
3097 protection against government interference with the parent's fundamental rights and liberty
3098 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
3099 (b) The fundamental liberty interest of a parent concerning the care, custody, and
3100 management of the parent's children is recognized, protected, and does not cease to exist
3101 simply because a parent may fail to be a model parent or because the parent's child is placed in
3102 the temporary custody of the state. At all times, a parent retains a vital interest in preventing the
3103 irretrievable destruction of family life. Prior to an adjudication of unfitness, government action
3104 in relation to parents and their children may not exceed the least restrictive means or
3105 alternatives available to accomplish a compelling state interest. Until the state proves parental
3106 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
3107 the child and the child's parents share a vital interest in preventing erroneous termination of
3108 their natural relationship and the state cannot presume that a child and the child's parents are
3109 adversaries.
3110 (c) It is in the best interest and welfare of a child to be raised under the care and
3111 supervision of the child's natural parents. A child's need for a normal family life in a permanent
3112 home, and for positive, nurturing family relationships is usually best met by the child's natural
3113 parents. Additionally, the integrity of the family unit and the right of parents to conceive and
3114 raise their children are constitutionally protected. The right of a fit, competent parent to raise
3115 the parent's child without undue government interference is a fundamental liberty interest that
3116 has long been protected by the laws and Constitution and is a fundamental public policy of this
3117 state.
3118 (d) The state recognizes that:
3119 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
3120 train, educate, provide and care for, and reasonably discipline the parent's children; and
3121 (ii) the state's role is secondary and supportive to the primary role of a parent.
3122 (e) It is the public policy of this state that parents retain the fundamental right and duty
3123 to exercise primary control over the care, supervision, upbringing, and education of their
3124 children.
3125 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
3126 Subsection (1).
3127 (2) It is also the public policy of this state that children have the right to protection
3128 from abuse and neglect, and that the state retains a compelling interest in investigating,
3129 prosecuting, and punishing abuse and neglect[
3130
3131 responsibility to protect children whose parents abuse them or do not adequately provide for
3132 their welfare. There may be circumstances where a parent's conduct or condition is a substantial
3133 departure from the norm and the parent is unable or unwilling to render safe and proper
3134 parental care and protection. Under those circumstances, the state may take action for the
3135 welfare and protection of the parent's children.
3136 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
3137 it shall take into account the child's need for protection from immediate harm and the extent to
3138 which the child's extended family may provide needed protection. Throughout its involvement,
3139 the division shall utilize the least intrusive and least restrictive means available to protect a
3140 child, in an effort to ensure that children are brought up in stable, permanent families, rather
3141 than in temporary foster placements under the supervision of the state.
3142 (4) When circumstances within the family pose a threat to the child's immediate safety
3143 or welfare, the division may seek custody of the child for a planned, temporary period and
3144 place the child in a safe environment, subject to the requirements of this section and in
3145 accordance with the requirements of [
3146
3147 and:
3148 (a) when safe and appropriate, return the child to the child's parent; or
3149 (b) as a last resort, pursue another permanency plan.
3150 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
3151 the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
3152 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child, and
3153 the constitutionally protected rights of a parent, as described in this section, shall be given full
3154 and serious consideration by the division and the court.
3155 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe abuse,
3156 or severe neglect are established, the state has no duty to make "reasonable efforts" or to, in any
3157 other way, attempt to maintain a child in the child's home, provide reunification services, or to
3158 attempt to rehabilitate the offending parent or parents. This Subsection (6) does not exempt the
3159 division from providing court-ordered services.
3160 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
3161 appropriate permanency for children who are abused, neglected, or dependent. The division
3162 shall provide in-home services, where appropriate and safe, in an effort to help a parent to
3163 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
3164 division may pursue a foster placement only if in-home services fail or are otherwise
3165 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
3166 and kinship placement fail and cannot be corrected. The division shall also seek qualified
3167 extended family support or a kinship placement to maintain a sense of security and stability for
3168 the child.
3169 (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
3170 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
3171 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
3172 and to complete whatever steps are necessary to finalize the permanent placement of the child.
3173 (c) Subject to the parental rights recognized and protected under this section, if,
3174 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
3175 based on the grounds for termination of parental rights described in [
3176
3177 Proceedings, the continuing welfare and best interest of the child is of paramount importance,
3178 and shall be protected in determining whether that parent's rights should be terminated.
3179 (8) The state's right to direct or intervene in the provision of medical or mental health
3180 care for a child is subject to [
3181
3182 and 80-3-304.
3183 Section 44. Section 62A-4a-202.3 is amended to read:
3184 62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
3185 protective custody.
3186 (1) When a child is taken into protective custody in accordance with Section
3187 62A-4a-202.1[
3188 action that would require a shelter hearing under Subsection [
3189 division shall immediately initiate an investigation of the:
3190 (a) circumstances of the child; and
3191 (b) grounds upon which the decision to place the child into protective custody was
3192 made.
3193 (2) The division's investigation shall conform to reasonable professional standards, and
3194 shall include:
3195 (a) a search for and review of any records of past reports of abuse or neglect involving:
3196 (i) the same child;
3197 (ii) any sibling or other child residing in the same household as the child; and
3198 (iii) the alleged perpetrator;
3199 (b) with regard to a child who is five years [
3200 with the child:
3201 (i) outside of the presence of the alleged perpetrator; and
3202 (ii) conducted in accordance with the requirements of Subsection (7);
3203 (c) if a parent or guardian can be located, an interview with at least one of the child's
3204 parents or guardian;
3205 (d) an interview with the person who reported the abuse, unless the report was made
3206 anonymously;
3207 (e) where possible and appropriate, interviews with other third parties who have had
3208 direct contact with the child, including:
3209 (i) school personnel; and
3210 (ii) the child's health care provider;
3211 (f) an unscheduled visit to the child's home, unless:
3212 (i) there is a reasonable basis to believe that the reported abuse was committed by a
3213 person who:
3214 (A) is not the child's parent; and
3215 (B) does not:
3216 (I) live in the child's home; or
3217 (II) otherwise have access to the child in the child's home; or
3218 (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
3219 (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
3220 failure to meet the child's medical needs, a medical examination, obtained no later than 24
3221 hours after the child is placed in protective custody.
3222 (3) The division may rely on a written report of a prior interview rather than conducting
3223 an additional interview, if:
3224 (a) law enforcement:
3225 (i) previously conducted a timely and thorough investigation regarding the alleged
3226 abuse, neglect, or dependency; and
3227 (ii) produced a written report;
3228 (b) the investigation described in Subsection (3)(a)(i) included one or more of the
3229 interviews required by Subsection (2); and
3230 (c) the division finds that an additional interview is not in the best interest of the child.
3231 (4) (a) The division's determination of whether a report is supported or unsupported
3232 may be based on the child's statements alone.
3233 (b) Inability to identify or locate the perpetrator may not be used by the division as a
3234 basis for:
3235 (i) determining that a report is unsupported; or
3236 (ii) closing the case.
3237 (c) The division may not determine a case to be unsupported or identify a case as
3238 unsupported solely because the perpetrator was an out-of-home perpetrator.
3239 (d) Decisions regarding whether a report is supported, unsupported, or without merit
3240 shall be based on the facts of the case at the time the report was made.
3241 (5) The division should maintain protective custody of the child if it finds that one or
3242 more of the following conditions exist:
3243 (a) the child does not have a natural parent, guardian, or responsible relative who is
3244 able and willing to provide safe and appropriate care for the child;
3245 (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
3246 (ii) there are no reasonable means by which the child can be protected in:
3247 (A) the child's home; or
3248 (B) the home of a responsible relative;
3249 (c) there is substantial evidence that the parent or guardian is likely to flee the
3250 jurisdiction of the court; or
3251 (d) the child has left a previously court ordered placement.
3252 (6) (a) Within 24 hours after receipt of a child into protective custody, excluding
3253 weekends and holidays, the division shall:
3254 (i) convene a child protection team to review the circumstances regarding removal of
3255 the child from the child's home or school; and
3256 (ii) prepare the testimony and evidence that will be required of the division at the
3257 shelter hearing, in accordance with Section [
3258 (b) The child protection team may include members of a child protection unit.
3259 (c) At the 24-hour meeting, the division shall have available for review and
3260 consideration the complete child protective services and foster care history of the child and the
3261 child's parents and siblings.
3262 (7) (a) After receipt of a child into protective custody and prior to the adjudication
3263 hearing, all investigative interviews with the child that are initiated by the division shall be:
3264 (i) except as provided in Subsection (7)(b), audio or video taped; and
3265 (ii) except as provided in Subsection (7)(c), conducted with a support person of the
3266 child's choice present.
3267 (b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may
3268 be conducted without being taped if the child:
3269 (A) is at least nine years old;
3270 (B) refuses to have the interview audio taped; and
3271 (C) refuses to have the interview video taped.
3272 (ii) If, pursuant to Subsection (7)(b)(i), an interview is conducted without being taped,
3273 the child's refusal shall be documented, as follows:
3274 (A) the interviewer shall attempt to get the child's refusal on tape, including the reasons
3275 for the refusal; or
3276 (B) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
3277 interviewer shall:
3278 (I) state on the tape that the child is present, but has refused to have the interview,
3279 refusal, or the reasons for the refusal taped; or
3280 (II) if complying with Subsection (7)(b)(ii)(B)(I) will result in the child, who would
3281 otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
3282 document, in writing, that the child refused to allow the interview to be taped and the reasons
3283 for that refusal.
3284 (iii) The division shall track the number of interviews under this Subsection (7) that are
3285 not taped, and the number of refusals that are not taped, for each interviewer, in order to
3286 determine whether a particular interviewer has a higher incidence of refusals, or taped refusals,
3287 than other interviewers.
3288 (c) (i) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
3289 interview of a child may not be an alleged perpetrator.
3290 (ii) Subsection (7)(a)(ii) does not apply if the child refuses to have a support person
3291 present during the interview.
3292 (iii) If a child described in Subsection (7)(c)(ii) refuses to have a support person
3293 present in the interview, the interviewer shall document, in writing, the refusal and the reasons
3294 for the refusal.
3295 (iv) The division shall track the number of interviews under this Subsection (7) where a
3296 child refuses to have a support person present for each interviewer, in order to determine
3297 whether a particular interviewer has a higher incidence of refusals than other interviewers.
3298 (8) The division shall cooperate with law enforcement investigations and with a child
3299 protection unit, if applicable, regarding the alleged perpetrator.
3300 (9) The division may not close an investigation solely on the grounds that the division
3301 investigator is unable to locate the child until all reasonable efforts have been made to locate
3302 the child and family members including:
3303 (a) visiting the home at times other than normal work hours;
3304 (b) contacting local schools;
3305 (c) contacting local, county, and state law enforcement agencies; and
3306 (d) checking public assistance records.
3307 Section 45. Section 62A-4a-202.4 is amended to read:
3308 62A-4a-202.4. Access to criminal background information.
3309 (1) For purposes of background screening and investigation of abuse or neglect under
3310 this chapter and [
3311 Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, the division shall have
3312 direct access to criminal background information maintained pursuant to Title 53, Chapter 10,
3313 Part 2, Bureau of Criminal Identification.
3314 (2) The division and the Office of Guardian Ad Litem are authorized to request the
3315 Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
3316 background check through the national criminal history system (NCIC).
3317 Section 46. Section 62A-4a-202.8 is amended to read:
3318 62A-4a-202.8. Child protection team meeting -- Timing.
3319 (1) Subject to Subsection (2), if the division files a petition under Section [
3320 80-3-201, the division shall convene a child protection team meeting to:
3321 (a) review the circumstances of the filing of the petition; and
3322 (b) develop or review implementation of a safety plan to protect the child from further
3323 abuse, neglect, or dependency.
3324 (2) The child protection team meeting required under Subsection (1) shall be held
3325 within the shorter of:
3326 (a) 14 days of the day on which the petition is filed under Section [
3327 80-3-201 if the conditions of Subsection (2)(b) or (c) are not met;
3328 (b) 24 hours of the filing of the petition under Section [
3329 excluding weekends and holidays, if the child who is the subject of the petition will likely be
3330 taken into protective custody unless there is an expedited hearing and services ordered under
3331 the protective supervision of the court; or
3332 (c) 24 hours after receipt of a child into protective custody, excluding weekends and
3333 holidays, if the child is taken into protective custody as provided in Section 62A-4a-202.3.
3334 (3) The child protection team may include members of a child protection unit.
3335 (4) At its meeting the child protection team shall review the complete child protective
3336 services and foster care history of the child and the child's parents and siblings.
3337 Section 47. Section 62A-4a-203 is amended to read:
3338 62A-4a-203. Removal of a child from home -- Reasonable efforts to maintain
3339 child in home -- Exception -- Reasonable efforts for reunification.
3340 (1) Because removal of a child from the child's home affects protected, constitutional
3341 rights of the parent and has a dramatic, long-term impact on a child, the division shall:
3342 (a) when possible and appropriate, without danger to the child's welfare, make
3343 reasonable efforts to prevent or eliminate the need for removal of a child from the child's home
3344 prior to placement in substitute care;
3345 (b) determine whether there is substantial cause to believe that a child has been or is in
3346 danger of abuse or neglect, in accordance with the guidelines described in [
3347
3348 Neglect, and Dependency Proceedings, before removing the child from the child's home; and
3349 (c) when it is possible and appropriate, and in accordance with the limitations and
3350 requirements of Sections [
3351 efforts to make it possible for a child in substitute care to return to the child's home.
3352 (2) (a) In determining the reasonableness of efforts needed to maintain a child in the
3353 child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or
3354 (c), the child's health, safety, and welfare shall be the paramount concern.
3355 (b) The division shall consider whether the efforts described in Subsections (1) and (2)
3356 are likely to prevent abuse or continued neglect of the child.
3357 (3) When removal and placement in substitute care is necessary to protect a child, the
3358 efforts described in Subsections (1) and (2):
3359 (a) are not reasonable or appropriate; and
3360 (b) should not be utilized.
3361 (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation,
3362 abandonment, severe abuse, or severe neglect are involved, the state has no duty to make
3363 reasonable efforts to, in any way, attempt to:
3364 (a) maintain a child in the child's home;
3365 (b) provide reunification services; or
3366 (c) rehabilitate the offending parent or parents.
3367 (5) Nothing in Subsection (4) exempts the division from providing court ordered
3368 services.
3369 Section 48. Section 62A-4a-205 is amended to read:
3370 62A-4a-205. Child and family plan -- Parent-time and relative visitation.
3371 (1) No more than 45 days after a child enters the temporary custody of the division, the
3372 child's child and family plan shall be finalized.
3373 (2) (a) The division may use an interdisciplinary team approach in developing each
3374 child and family plan.
3375 (b) The interdisciplinary team described in Subsection (2)(a) may include
3376 representatives from the following fields:
3377 (i) mental health;
3378 (ii) education; and
3379 (iii) if appropriate, law enforcement.
3380 (3) (a) The division shall involve all of the following in the development of a child's
3381 child and family plan:
3382 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
3383 (ii) the child;
3384 (iii) the child's foster parents; and
3385 (iv) if appropriate, the child's stepparent.
3386 (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or
3387 a party's counsel from being involved in the development of a child's child and family plan if
3388 the party or counsel's participation is otherwise permitted by law.
3389 (c) In relation to all information considered by the division in developing a child and
3390 family plan, additional weight and attention shall be given to the input of the child's natural and
3391 foster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
3392 (d) (i) The division shall make a substantial effort to develop a child and family plan
3393 with which the child's parents agree.
3394 (ii) If a parent does not agree with a child and family plan:
3395 (A) the division shall strive to resolve the disagreement between the division and the
3396 parent; and
3397 (B) if the disagreement is not resolved, the division shall inform the court of the
3398 disagreement.
3399 (4) A copy of the child and family plan shall, immediately upon completion, or as soon
3400 as reasonably possible thereafter, be provided to the:
3401 (a) guardian ad litem;
3402 (b) child's natural parents; and
3403 (c) child's foster parents.
3404 (5) Each child and family plan shall:
3405 (a) specifically provide for the safety of the child, in accordance with federal law; and
3406 (b) clearly define what actions or precautions will, or may be, necessary to provide for
3407 the health, safety, protection, and welfare of the child.
3408 (6) The child and family plan shall set forth, with specificity, at least the following:
3409 (a) the reason the child entered into the custody of the division;
3410 (b) documentation of the:
3411 (i) reasonable efforts made to prevent placement of the child in the custody of the
3412 division; or
3413 (ii) emergency situation that existed and that prevented the reasonable efforts described
3414 in Subsection (6)(b)(i), from being made;
3415 (c) the primary permanency plan for the child and the reason for selection of that plan;
3416 (d) the concurrent permanency plan for the child and the reason for the selection of that
3417 plan;
3418 (e) if the plan is for the child to return to the child's family:
3419 (i) specifically what the parents must do in order to enable the child to be returned
3420 home;
3421 (ii) specifically how the requirements described in Subsection (6)(e)(i) may be
3422 accomplished; and
3423 (iii) how the requirements described in Subsection (6)(e)(i) will be measured;
3424 (f) the specific services needed to reduce the problems that necessitated placing the
3425 child in the division's custody;
3426 (g) the name of the person who will provide for and be responsible for case
3427 management;
3428 (h) subject to Subsection (10), a parent-time schedule between the natural parent and
3429 the child;
3430 (i) subject to Subsection (7), the health and mental health care to be provided to
3431 address any known or diagnosed mental health needs of the child;
3432 (j) if residential treatment rather than a foster home is the proposed placement, a
3433 requirement for a specialized assessment of the child's health needs including an assessment of
3434 mental illness and behavior and conduct disorders;
3435 (k) social summaries that include case history information pertinent to case planning;
3436 and
3437 (l) subject to Subsection (12), a sibling visitation schedule.
3438 (7) (a) Subject to Subsection (7)(b), in addition to the information required under
3439 Subsection (6)(i), the plan shall include a specialized assessment of the medical and mental
3440 health needs of a child, if the child:
3441 (i) is placed in residential treatment; and
3442 (ii) has medical or mental health issues that need to be addressed.
3443 (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
3444 medical or mental health diagnosis of the parent's child from a licensed practitioner of the
3445 parent's choice.
3446 (8) (a) Each child and family plan shall be specific to each child and the child's family,
3447 rather than general.
3448 (b) The division shall train its workers to develop child and family plans that comply
3449 with:
3450 (i) federal mandates; and
3451 (ii) the specific needs of the particular child and the child's family.
3452 (c) All child and family plans and expectations shall be individualized and contain
3453 specific time frames.
3454 (d) Subject to Subsection (8)(h), child and family plans shall address problems that:
3455 (i) keep a child in placement; and
3456 (ii) keep a child from achieving permanence in the child's life.
3457 (e) Each child and family plan shall be designed to minimize disruption to the normal
3458 activities of the child's family, including employment and school.
3459 (f) In particular, the time, place, and amount of services, hearings, and other
3460 requirements ordered by the court in the child and family plan shall be designed, as much as
3461 practicable, to help the child's parents maintain or obtain employment.
3462 (g) The child's natural parents, foster parents, and where appropriate, stepparents, shall
3463 be kept informed of and supported to participate in important meetings and procedures related
3464 to the child's placement.
3465 (h) For purposes of Subsection (8)(d), a child and family plan may only include
3466 requirements that:
3467 (i) address findings made by the court; or
3468 (ii) (A) are requested or consented to by a parent or guardian of the child; and
3469 (B) are agreed to by the division and the guardian ad litem.
3470 (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
3471 years [
3472 permanency plan for that child shall be adoption.
3473 (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
3474 is a compelling reason that adoption, reunification, guardianship, and a placement described in
3475 Subsection [
3476 another planned permanent living arrangement in accordance with federal law.
3477 (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
3478 court order issued [
3479 Subsection 80-3-406(9).
3480 (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
3481 court to supervise a parent-time session may deny parent-time for that session if the supervising
3482 person determines that, based on the parent's condition, it is necessary to deny parent-time in
3483 order to:
3484 (i) protect the physical safety of the child;
3485 (ii) protect the life of the child; or
3486 (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
3487 contact with the parent.
3488 (c) In determining whether the condition of the parent described in Subsection (10)(b)
3489 will traumatize a child, the person supervising the parent-time session shall consider the impact
3490 that the parent's condition will have on the child in light of:
3491 (i) the child's fear of the parent; and
3492 (ii) the nature of the alleged abuse or neglect.
3493 (11) The division shall consider visitation with their grandparents for children in state
3494 custody if the division determines visitation to be in the best interest of the child and:
3495 (a) there are no safety concerns regarding the behavior or criminal background of the
3496 grandparents;
3497 (b) allowing visitation would not compete with or undermine the reunification plan;
3498 (c) there is a substantial relationship between the grandparents and children; and
3499 (d) the visitation will not unduly burden the foster parents.
3500 (12) The child and family plan shall incorporate reasonable efforts to:
3501 (a) provide sibling visitation when:
3502 (i) siblings are separated due to foster care or adoptive placement;
3503 (ii) visitation is in the best interest of the child for whom the plan is developed; and
3504 (iii) the division has consent for sibling visitation from the legal guardian of the
3505 sibling; and
3506 (b) obtain consent for sibling visitation from the sibling's legal guardian when the
3507 criteria of Subsections (12)(a)(i) and (ii) are met.
3508 Section 49. Section 62A-4a-205.5 is amended to read:
3509 62A-4a-205.5. Prohibition of discrimination based on race, color, or ethnicity.
3510 (1) As used in this section, "adoptable children" means children:
3511 (a) who are in the custody of the division; and
3512 (b) (i) who have permanency goals of adoption; or
3513 (ii) for whom a final plan for pursuing termination of parental rights has been approved
3514 in accordance with Section [
3515 (2) Except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963,
3516 the division may not base its decision for placement of adoptable children on the race, color,
3517 ethnicity, or national origin of either the child or the prospective adoptive parents.
3518 (3) The basis of a decision for placement of an adoptable child shall be the best interest
3519 of the child.
3520 Section 50. Section 62A-4a-205.6 is amended to read:
3521 62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
3522 (1) With regard to a child who has a primary permanency plan of adoption or for whom
3523 a final plan for pursuing termination of parental rights has been approved in accordance with
3524 Section [
3525 adoptive home within 30 days of the earlier of:
3526 (a) approval of the final plan; or
3527 (b) establishment of the primary permanency plan.
3528 (2) If within the time periods described in Subsection (1) the division is unable to
3529 locate a suitable adoptive home, it shall contract with licensed child-placing agencies to search
3530 for an appropriate adoptive home for the child, and to place the child for adoption. The division
3531 shall comply with the requirements of Section 62A-4a-607 and contract with a variety of child
3532 placing agencies licensed under [
3533 with federal law, the division shall develop plans for the effective use of cross-jurisdictional
3534 resources to facilitate timely adoptive or permanent placements for waiting children.
3535 (3) The division shall ensure that children who are adopted and were previously in its
3536 custody, continue to receive the medical and mental health coverage that they are entitled to
3537 under state and federal law.
3538 (4) The division may not consider a prospective adoptive parent's willingness or
3539 unwillingness to enter a postadoption contact agreement under Section 78B-6-146 as a
3540 condition of placing a child with the prospective adoptive parent.
3541 Section 51. Section 62A-4a-206 is amended to read:
3542 62A-4a-206. Process for removal of a child from foster family -- Procedural due
3543 process.
3544 (1) (a) The Legislature finds that, except with regard to a child's natural parent or legal
3545 guardian, a foster family has a very limited but recognized interest in its familial relationship
3546 with a foster child who has been in the care and custody of that family. In making
3547 determinations regarding removal of a child from a foster home, the division may not dismiss
3548 the foster family as a mere collection of unrelated individuals.
3549 (b) The Legislature finds that children in the temporary custody and custody of the
3550 division are experiencing multiple changes in foster care placements with little or no
3551 documentation, and that numerous studies of child growth and development emphasize the
3552 importance of stability in foster care living arrangements.
3553 (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
3554 procedural due process for a foster family prior to removal of a foster child from their home,
3555 regardless of the length of time the child has been in that home, unless removal is for the
3556 purpose of:
3557 (i) returning the child to the child's natural parent or legal guardian;
3558 (ii) immediately placing the child in an approved adoptive home;
3559 (iii) placing the child with a relative, as defined in [
3560 80-3-102, who obtained custody or asserted an interest in the child within the preference period
3561 described in Subsection [
3562 (iv) placing an Indian child in accordance with [
3563 and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
3564 (2) (a) The division shall maintain and utilize due process procedures for removal of a
3565 foster child from a foster home, in accordance with the procedures and requirements of Title
3566 63G, Chapter 4, Administrative Procedures Act.
3567 (b) Those procedures shall include requirements for:
3568 (i) personal communication with, and a written explanation of the reasons for the
3569 removal to, the foster parents prior to removal of the child; and
3570 (ii) an opportunity for foster parents to present their information and concerns to the
3571 division and to:
3572 (A) request a review, to be held before removal of the child, by a third party neutral
3573 fact finder; or
3574 (B) if the child has been placed with the foster parents for a period of at least two years,
3575 request a review, to be held before removal of the child, by:
3576 (I) the juvenile court judge currently assigned to the child's case; or
3577 (II) if the juvenile court judge currently assigned to the child's case is not available,
3578 another juvenile court judge.
3579 (c) If the division determines that there is a reasonable basis to believe that the child is
3580 in danger or that there is a substantial threat of danger to the health or welfare of the child, it
3581 shall place the child in emergency foster care during the pendency of the procedures described
3582 in this subsection, instead of making another foster care placement.
3583 (3) If the division removes a child from a foster home based upon the child's statement
3584 alone, the division shall initiate and expedite the processes described in Subsection (2). The
3585 division may take no formal action with regard to that foster parent's license until after those
3586 processes, in addition to any other procedure or hearing required by law, have been completed.
3587 (4) When a complaint is made to the division by a foster child against a foster parent,
3588 the division shall, within 30 business days, provide the foster parent with information regarding
3589 the specific nature of the complaint, the time and place of the alleged incident, and who was
3590 alleged to have been involved.
3591 (5) Whenever the division places a child in a foster home, it shall provide the foster
3592 parents with:
3593 (a) notification of the requirements of this section;
3594 (b) a written description of the procedures enacted by the division pursuant to
3595 Subsection (2) and how to access those processes; and
3596 (c) written notification of the foster parents' ability to petition the juvenile court
3597 directly for review of a decision to remove a foster child who has been in their custody for 12
3598 months or longer, in accordance with the limitations and requirements of Section [
3599 80-3-502.
3600 (6) The requirements of this section do not apply to the removal of a child based on a
3601 foster parent's request for that removal.
3602 (7) It is unlawful for a person, with the intent to avoid compliance with the
3603 requirements of this section, to:
3604 (a) take action, or encourage another to take action, against the license of a foster
3605 parent; or
3606 (b) remove a child from a foster home before the child has been placed with the foster
3607 parents for two years.
3608 (8) The division may not remove a foster child from a foster parent who is a relative, as
3609 defined in [
3610 health of the foster parent without determining by:
3611 (a) clear and convincing evidence that the foster parent is incapable of caring for the
3612 foster child, if the alternative foster parent would not be another relative of the child; or
3613 (b) a preponderance of the evidence that the foster parent is incapable of caring for the
3614 foster child, if the alternative foster parent would be another relative of the child.
3615 Section 52. Section 62A-4a-206.5 is amended to read:
3616 62A-4a-206.5. Child missing from state custody.
3617 (1) When the division receives information that a child in the custody of the division is
3618 missing, has been abducted, or has run away, the division shall:
3619 (a) within 24 hours after the time when the division has reason to believe that the
3620 information is accurate, notify the National Center for Missing and Exploited Children; and
3621 (b) pursue a warrant under Subsection [
3622 (2) When the division locates a child described in Subsection (1), the division shall:
3623 (a) determine the primary factors that caused or contributed to the child's absence from
3624 care;
3625 (b) determine the child's experiences while absent from care, including screening the
3626 child to determine if the child is a sex trafficking victim;
3627 (c) to the extent possible, select a placement for the child that accommodates the child's
3628 needs and takes into consideration the factors and experiences described in Subsections (2)(a)
3629 and (b); and
3630 (d) follow the requirements in Section [
3631 ongoing placement of the child.
3632 Section 53. Section 62A-4a-207 is amended to read:
3633 62A-4a-207. Legislative Oversight Panel -- Responsibilities.
3634 (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
3635 following members:
3636 (i) two members of the Senate, one from the majority party and one from the minority
3637 party, appointed by the president of the Senate; and
3638 (ii) three members of the House of Representatives, two from the majority party and
3639 one from the minority party, appointed by the speaker of the House of Representatives.
3640 (b) Members of the panel shall serve for two-year terms, or until their successors are
3641 appointed.
3642 (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
3643 when a member resigns from the panel. Vacancies shall be filled by the appointing authority,
3644 and the replacement shall fill the unexpired term.
3645 (2) The president of the Senate shall designate one of the senators appointed to the
3646 panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of
3647 Representatives shall designate one of the representatives appointed to the panel under
3648 Subsection (1) as the House chair of the panel.
3649 (3) The panel shall follow the interim committee rules established by the Legislature.
3650 (4) The panel shall:
3651 (a) examine and observe the process and execution of laws governing the child welfare
3652 system by the executive branch and the judicial branch;
3653 (b) upon request, receive testimony from the public, the juvenile court, and from all
3654 state agencies involved with the child welfare system, including the division, other offices and
3655 agencies within the department, the attorney general's office, the Office of Guardian Ad Litem,
3656 and school districts;
3657 (c) before October 1 of each year, receive a report from the judicial branch identifying
3658 the cases not in compliance with the time limits established in the following sections, and the
3659 reasons for noncompliance:
3660 (i) Subsection [
3661 (ii) Section [
3662 (iii) Section [
3663 services; and
3664 (iv) Section [
3665 termination;
3666 (d) receive recommendations from, and make recommendations to the governor, the
3667 Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile
3668 court, and the public;
3669 (e) (i) receive reports from the executive branch and the judicial branch on budgetary
3670 issues impacting the child welfare system; and
3671 (ii) recommend, as the panel considers advisable, budgetary proposals to the Social
3672 Services Appropriations Subcommittee and the Executive Offices and Criminal Justice
3673 Appropriations Subcommittee, which recommendation should be made before December 1 of
3674 each year;
3675 (f) study and recommend proposed changes to laws governing the child welfare
3676 system;
3677 (g) study actions the state can take to preserve, unify, and strengthen the child's family
3678 ties whenever possible in the child's best interest, including recognizing the constitutional
3679 rights and claims of parents whenever those family ties are severed or infringed;
3680 (h) perform such other duties related to the oversight of the child welfare system as the
3681 panel considers appropriate; and
3682 (i) annually report the panel's findings and recommendations to the president of the
3683 Senate, the speaker of the House of Representatives, the Health and Human Services Interim
3684 Committee, and the Judiciary Interim Committee.
3685 (5) (a) The panel has authority to review and discuss individual cases.
3686 (b) When an individual case is discussed, the panel's meeting may be closed pursuant
3687 to Title 52, Chapter 4, Open and Public Meetings Act.
3688 (c) When discussing an individual case, the panel shall make reasonable efforts to
3689 identify and consider the concerns of all parties to the case.
3690 (6) (a) The panel has authority to make recommendations to the Legislature, the
3691 governor, the Board of Juvenile Court Judges, the division, and any other statutorily created
3692 entity related to the policies and procedures of the child welfare system. The panel does not
3693 have authority to make recommendations to the court, the division, or any other public or
3694 private entity regarding the disposition of any individual case.
3695 (b) The panel may hold public hearings, as it considers advisable, in various locations
3696 within the state in order to afford all interested persons an opportunity to appear and present
3697 their views regarding the child welfare system in this state.
3698 (7) (a) All records of the panel regarding individual cases shall be classified private,
3699 and may be disclosed only in accordance with federal law and the provisions of Title 63G,
3700 Chapter 2, Government Records Access and Management Act.
3701 (b) The panel shall have access to all of the division's records, including those
3702 regarding individual cases. In accordance with Title 63G, Chapter 2, Government Records
3703 Access and Management Act, all documents and information received by the panel shall
3704 maintain the same classification that was designated by the division.
3705 (8) In order to accomplish its oversight functions, the panel has:
3706 (a) all powers granted to legislative interim committees in Section 36-12-11; and
3707 (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena
3708 Powers.
3709 (9) Compensation and expenses of a member of the panel who is a legislator are
3710 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3711 Expenses.
3712 (10) (a) The Office of Legislative Research and General Counsel shall provide staff
3713 support to the panel.
3714 (b) The panel is authorized to employ additional professional assistance and other staff
3715 members as it considers necessary and appropriate.
3716 Section 54. Section 62A-4a-209 is amended to read:
3717 62A-4a-209. Emergency placement.
3718 (1) As used in this section:
3719 (a) "Friend" means the same as that term is defined in [
3720 Section 80-3-102.
3721 (b) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
3722 (c) "Relative" means the same as that term is defined in [
3723 Section 80-3-102.
3724 (2) The division may use an emergency placement under Subsection
3725 62A-4a-202.1[
3726 (a) the case worker has made the determination that:
3727 (i) the child's home is unsafe;
3728 (ii) removal is necessary under the provisions of Section 62A-4a-202.1; and
3729 (iii) the child's custodial parent or guardian will agree to not remove the child from the
3730 home of the individual that serves as the placement and not have any contact with the child
3731 until after the shelter hearing required by Section [
3732 (b) an individual, with preference being given in accordance with Subsection (4), can
3733 be identified who has the ability and is willing to provide care for the child who would
3734 otherwise be placed in shelter care, including:
3735 (i) taking the child to medical, mental health, dental, and educational appointments at
3736 the request of the division; and
3737 (ii) making the child available to division services and the guardian ad litem; and
3738 (c) the individual described in Subsection (2)(b) agrees to care for the child on an
3739 emergency basis under the following conditions:
3740 (i) the individual meets the criteria for an emergency placement under Subsection (3);
3741 (ii) the individual agrees to not allow the custodial parent or guardian to have any
3742 contact with the child until after the shelter hearing unless authorized by the division in writing;
3743 (iii) the individual agrees to contact law enforcement and the division if the custodial
3744 parent or guardian attempts to make unauthorized contact with the child;
3745 (iv) the individual agrees to allow the division and the child's guardian ad litem to have
3746 access to the child;
3747 (v) the individual has been informed and understands that the division may continue to
3748 search for other possible placements for long-term care, if needed;
3749 (vi) the individual is willing to assist the custodial parent or guardian in reunification
3750 efforts at the request of the division, and to follow all court orders; and
3751 (vii) the child is comfortable with the individual.
3752 (3) Except as otherwise provided in Subsection (5), before the division places a child in
3753 an emergency placement, the division:
3754 (a) may request the name of a reference and may contact the reference to determine the
3755 answer to the following questions:
3756 (i) would the individual identified as a reference place a child in the home of the
3757 emergency placement; and
3758 (ii) are there any other relatives or friends to consider as a possible emergency or
3759 long-term placement for the child;
3760 (b) shall have the custodial parent or guardian sign an emergency placement agreement
3761 form during the investigation;
3762 (c) (i) if the emergency placement will be with a relative, shall comply with the
3763 background check provisions described in Subsection (7); or
3764 (ii) if the emergency placement will be with an individual other than a noncustodial
3765 parent or a relative, shall comply with the background check provisions described in
3766 Subsection (8) for adults living in the household where the child will be placed;
3767 (d) shall complete a limited home inspection of the home where the emergency
3768 placement is made; and
3769 (e) shall have the emergency placement approved by a family service specialist.
3770 (4) (a) The following order of preference shall be applied when determining the
3771 individual with whom a child will be placed in an emergency placement described in this
3772 section, provided that the individual is willing, and has the ability, to care for the child:
3773 (i) a noncustodial parent of the child in accordance with Section [
3774 80-3-302;
3775 (ii) a relative;
3776 (iii) subject to Subsection (4)(b), a friend designated by the custodial parent, guardian,
3777 or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a
3778 placement;
3779 (iv) a former foster placement designated by the division;
3780 (v) a foster placement, that is not a former foster placement, designated by the division;
3781 and
3782 (vi) a shelter facility designated by the division.
3783 (b) In determining whether a friend is a willing and appropriate temporary emergency
3784 placement for a child, the division:
3785 (i) subject to Subsections (4)(b)(ii) through (iv), shall consider the child's preferences
3786 or level of comfort with the friend;
3787 (ii) is required to consider no more than one friend designated by each parent or legal
3788 guardian of the child and one friend designated by the child, if the child is of sufficient maturity
3789 to articulate the child's wishes in relation to a placement;
3790 (iii) may limit the number of designated friends to two, one of whom shall be a friend
3791 designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
3792 relation to a placement; and
3793 (iv) shall give preference to a friend designated by the child, if:
3794 (A) the child is of sufficient maturity to articulate the child's wishes; and
3795 (B) the division's basis for removing the child under Section 62A-4a-202.1 is sexual
3796 abuse of the child.
3797 (5) (a) The division may, pending the outcome of the investigation described in
3798 Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
3799 parent if, based on a limited investigation, prior to making the emergency placement, the
3800 division:
3801 (i) determines that the noncustodial parent has regular, unsupervised visitation with the
3802 child that is not prohibited by law or court order;
3803 (ii) determines that there is not reason to believe that the child's health or safety will be
3804 endangered during the emergency placement; and
3805 (iii) has the custodial parent or guardian sign an emergency placement agreement.
3806 (b) Either before or after making an emergency placement with the noncustodial parent
3807 of the child, the division may conduct the investigation described in Subsection (3)(a) in
3808 relation to the noncustodial parent.
3809 (c) Before, or within one day, excluding weekends and holidays, after a child is placed
3810 in an emergency placement with the noncustodial parent of the child, the division shall conduct
3811 a limited:
3812 (i) background check of the noncustodial parent, pursuant to Subsection (7); and
3813 (ii) inspection of the home where the emergency placement is made.
3814 (6) After an emergency placement, the division caseworker must:
3815 (a) respond to the emergency placement's calls within one hour if the custodial parents
3816 or guardians attempt to make unauthorized contact with the child or attempt to remove the
3817 child;
3818 (b) complete all removal paperwork, including the notice provided to the custodial
3819 parents and guardians under Section [
3820 (c) contact the attorney general to schedule a shelter hearing;
3821 (d) complete the placement procedures required in Section [
3822 (e) continue to search for other relatives as a possible long-term placement, if needed.
3823 (7) (a) The background check described in Subsection (3)(c)(i) shall include
3824 completion of:
3825 (i) a name-based, Utah Bureau of Criminal Identification background check; and
3826 (ii) a search of the Management Information System described in Section
3827 62A-4a-1003.
3828 (b) The division shall determine whether an individual passes the background check
3829 described in this Subsection (7) pursuant to the provisions of Subsection 62A-2-120(14).
3830 (c) Notwithstanding Subsection (7)(b), the division may not place a child with an
3831 individual who is prohibited by court order from having access to that child.
3832 (8) (a) The background check described in Subsection (3)(c)(ii) shall include
3833 completion of:
3834 (i) a name-based, Utah Bureau of Criminal Identification background check;
3835 (ii) a federal name-based criminal background check; and
3836 (iii) a search of the Management Information System described in Section
3837 62A-4a-1003.
3838 (b) The division shall determine whether an individual passes the background checks
3839 described in this Subsection (8) pursuant to the provisions of Section 62A-2-120.
3840 (c) If the division denies placement of a child as a result of a name-based criminal
3841 background check described in Subsection (8)(a), and the individual contests that denial, the
3842 individual shall submit a complete set of fingerprints with written permission to the Utah
3843 Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a
3844 fingerprint-based criminal background check.
3845 (d) (i) Within 15 calendar days of the name-based background checks, the division
3846 shall require an individual to provide a complete set of fingerprints with written permission to
3847 the Utah Bureau of Criminal Identification for submission to the Federal Bureau of
3848 Investigation for a fingerprint-based criminal background check.
3849 (ii) If an individual fails to provide the fingerprints and written permission described in
3850 Subsection (8)(d)(i), the child shall immediately be removed from the home.
3851 Section 55. Section 62A-4a-409 is amended to read:
3852 62A-4a-409. Investigation by division -- Temporary protective custody --
3853 Preremoval interviews of children.
3854 (1) (a) Except as provided in Subsection (1)(c), the division shall conduct a thorough
3855 preremoval investigation upon receiving either an oral or written report of alleged abuse or
3856 neglect, or an oral or written report under Subsection 62A-4a-404(2), when there is reasonable
3857 cause to suspect that a situation of abuse, neglect, or the circumstances described under
3858 Subsection 62A-4a-404(2) exist.
3859 (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
3860 protection of the child.
3861 (c) The division is not required to conduct an investigation under Subsection (1)(a) if
3862 the division determines the person responsible for the child's care:
3863 (i) is not the alleged perpetrator; and
3864 (ii) is willing and able to ensure the alleged perpetrator does not have access to the
3865 child.
3866 (2) The preremoval investigation described in Subsection (1)(a) shall include the same
3867 investigative requirements described in Section 62A-4a-202.3.
3868 (3) The division shall make a written report of its investigation that shall include a
3869 determination regarding whether the alleged abuse or neglect is supported, unsupported, or
3870 without merit.
3871 (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
3872 with reports made under this part.
3873 (b) The division shall convene a child protection team to assist the division in the
3874 division's protective, diagnostic, assessment, treatment, and coordination services.
3875 (c) The division may include members of a child protection unit in the division's
3876 protective, diagnostic, assessment, treatment, and coordination services.
3877 (d) A representative of the division shall serve as the team's coordinator and chair.
3878 Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
3879 shall include representatives of:
3880 (i) health, mental health, education, and law enforcement agencies;
3881 (ii) the child;
3882 (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
3883 and
3884 (iv) other appropriate agencies or individuals.
3885 (5) If a report of neglect is based upon or includes an allegation of educational neglect,
3886 the division shall immediately consult with school authorities to verify the child's status in
3887 accordance with Sections 53G-6-201 through 53G-6-206.
3888 (6) When the division completes the division's initial investigation under this part, the
3889 division shall give notice of that completion to the person who made the initial report.
3890 (7) Division workers or other child protection team members have authority to enter
3891 upon public or private premises, using appropriate legal processes, to investigate reports of
3892 alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
3893 Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
3894 (8) With regard to any interview of a child prior to removal of that child from the
3895 child's home:
3896 (a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
3897 the child prior to the interview of:
3898 (i) the specific allegations concerning the child; and
3899 (ii) the time and place of the interview;
3900 (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
3901 alleged perpetrator, the division is not required to comply with Subsection (8)(a);
3902 (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
3903 is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
3904 minutes, with the child prior to complying with Subsection (8)(a);
3905 (d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
3906 notified as soon as practicable after the child has been interviewed, but in no case later than 24
3907 hours after the interview has taken place;
3908 (e) a child's parents shall be notified of the time and place of all subsequent interviews
3909 with the child; and
3910 (f) the child shall be allowed to have a support person of the child's choice present,
3911 who:
3912 (i) may include:
3913 (A) a school teacher;
3914 (B) an administrator;
3915 (C) a guidance counselor;
3916 (D) a child care provider;
3917 (E) a family member;
3918 (F) a family advocate; or
3919 (G) a member of the clergy; and
3920 (ii) may not be an individual who is alleged to be, or potentially may be, the
3921 perpetrator.
3922 (9) In accordance with the procedures and requirements of Sections 62A-4a-202.1
3923 through 62A-4a-202.3, a division worker or child protection team member may take a child
3924 into protective custody and deliver the child to a law enforcement officer, or place the child in
3925 an emergency shelter facility approved by the juvenile court, at the earliest opportunity
3926 subsequent to the child's removal from the child's original environment. Control and
3927 jurisdiction over the child is determined by the provisions of [
3928
3929 otherwise provided by law.
3930 (10) With regard to cases in which law enforcement has or is conducting an
3931 investigation of alleged abuse or neglect of a child:
3932 (a) the division shall coordinate with law enforcement to ensure that there is an
3933 adequate safety plan to protect the child from further abuse or neglect; and
3934 (b) the division is not required to duplicate an aspect of the investigation that, in the
3935 division's determination, has been satisfactorily completed by law enforcement.
3936 (11) With regard to a mutual case in which a child protection unit was involved in the
3937 investigation of alleged abuse or neglect of a child, the division shall consult with the child
3938 protection unit before closing the case.
3939 Section 56. Section 62A-4a-412 is amended to read:
3940 62A-4a-412. Reports, information, and referrals confidential.
3941 (1) Except as otherwise provided in this chapter, reports made under this part, as well
3942 as any other information in the possession of the division obtained as the result of a report are
3943 private, protected, or controlled records under Title 63G, Chapter 2, Government Records
3944 Access and Management Act, and may only be made available to:
3945 (a) a police or law enforcement agency investigating a report of known or suspected
3946 abuse or neglect, including members of a child protection unit;
3947 (b) a physician who reasonably believes that a child may be the subject of abuse or
3948 neglect;
3949 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
3950 who is the subject of a report;
3951 (d) a contract provider that has a written contract with the division to render services to
3952 a minor who is the subject of a report;
3953 (e) except as provided in Subsection 63G-2-202(10), a subject of the report, the natural
3954 parents of the child, and the guardian ad litem;
3955 (f) a court, upon a finding that access to the records may be necessary for the
3956 determination of an issue before the court, provided that in a divorce, custody, or related
3957 proceeding between private parties, the record alone is:
3958 (i) limited to objective or undisputed facts that were verified at the time of the
3959 investigation; and
3960 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
3961 ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
3962 neglect of another person;
3963 (g) an office of the public prosecutor or its deputies in performing an official duty;
3964 (h) a person authorized by a Children's Justice Center, for the purposes described in
3965 Section 67-5b-102;
3966 (i) a person engaged in bona fide research, when approved by the director of the
3967 division, if the information does not include names and addresses;
3968 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
3969 education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
3970 individual should be permitted to obtain or retain a license as an educator or serve as an
3971 employee or volunteer in a school, limited to information with substantiated or supported
3972 findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
3973 offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
3974 the Person, and with the understanding that the office must provide the subject of a report
3975 received under Subsection (1)(k) with an opportunity to respond to the report before making a
3976 decision concerning licensure or employment;
3977 (k) any person identified in the report as a perpetrator or possible perpetrator of abuse
3978 or neglect, after being advised of the screening prohibition in Subsection (2);
3979 (l) except as provided in Subsection 63G-2-202(10), a person filing a petition for a
3980 child protective order on behalf of a child who is the subject of the report;
3981 (m) a licensed child-placing agency or person who is performing a preplacement
3982 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
3983 78B-6-130;
3984 (n) an Indian tribe to:
3985 (i) certify or license a foster home;
3986 (ii) render services to a subject of a report; or
3987 (iii) investigate an allegation of abuse, neglect, or dependency; or
3988 (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
3989 local substance abuse authority, described in Section 17-43-201, for the purpose of providing
3990 substance abuse treatment to a pregnant woman, or the services described in Subsection
3991 62A-15-103(2)(o).
3992 (2) (a) A person, unless listed in Subsection (1), may not request another person to
3993 obtain or release a report or any other information in the possession of the division obtained as
3994 a result of the report that is available under Subsection (1)(k) to screen for potential
3995 perpetrators of abuse or neglect.
3996 (b) A person who requests information knowing that the request is a violation of
3997 Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
3998 (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division
3999 and law enforcement officials shall ensure the anonymity of the person or persons making the
4000 initial report and any others involved in its subsequent investigation.
4001 (b) Notwithstanding any other provision of law, excluding Section [
4002 80-3-107, but including this chapter and Title 63G, Chapter 2, Government Records Access
4003 and Management Act, when the division makes a report or other information in the division's
4004 possession available under Subsection (1)(e) to a subject of the report or a parent of a child, the
4005 division shall remove from the report or other information only the names, addresses, and
4006 telephone numbers of individuals or specific information that could:
4007 (i) identify the referent;
4008 (ii) impede a criminal investigation; or
4009 (iii) endanger a person's safety.
4010 (4) Any person who [
4011 or information obtained as a result of this part, in the possession of the division or contained on
4012 any part of the Management Information System, in violation of this part or Sections
4013 62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
4014 (5) The physician-patient privilege is not a ground for excluding evidence regarding a
4015 child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
4016 good faith pursuant to this part.
4017 (6) A child-placing agency or person who receives a report in connection with a
4018 preplacement adoptive evaluation pursuant to Sections 78B-6-128 and 78B-6-130:
4019 (a) may provide this report to the person who is the subject of the report; and
4020 (b) may provide this report to a person who is performing a preplacement adoptive
4021 evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
4022 licensed child-placing agency or to an attorney seeking to facilitate an adoption.
4023 Section 57. Section 62A-4a-607 is amended to read:
4024 62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
4025 parents.
4026 (1) (a) The division and all child-placing agencies licensed under this part shall
4027 promote adoption when that is a possible and appropriate alternative for a child. Specifically, in
4028 accordance with Section 62A-4a-205.6, the division shall actively promote the adoption of all
4029 children in its custody who have a final plan for termination of parental rights pursuant to
4030 Section [
4031 (b) Beginning May 1, 2000, the division may not place a child for adoption, either
4032 temporarily or permanently, with any individual or individuals who do not qualify for adoptive
4033 placement pursuant to the requirements of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
4034 (2) The division shall obtain or conduct research of prior adoptive families to
4035 determine what families may do to be successful with their adoptive children and shall make
4036 this research available to potential adoptive parents.
4037 (3) (a) A child-placing agency licensed under this part shall inform each potential
4038 adoptive parent with whom it is working that:
4039 (i) children in the custody of the state are available for adoption;
4040 (ii) Medicaid coverage for medical, dental, and mental health services may be available
4041 for these children;
4042 (iii) tax benefits, including the tax credit provided for in Section 59-10-1104, and
4043 financial assistance may be available to defray the costs of adopting these children;
4044 (iv) training and ongoing support may be available to the adoptive parents of these
4045 children; and
4046 (v) information about individual children may be obtained by contacting the division's
4047 offices or its Internet site as explained by the child-placing agency.
4048 (b) A child-placing agency shall:
4049 (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
4050 and
4051 (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
4052 accordance with Subsection (3)(d).
4053 (c) As a condition of licensure, the child-placing agency shall certify to the Office of
4054 Licensing at the time of license renewal that it has complied with the provisions of this section.
4055 (d) Before July 1, 2000, the division shall:
4056 (i) prepare a pamphlet that explains the information that is required by Subsection
4057 (3)(a); and
4058 (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to
4059 child-placing agencies.
4060 (e) The division shall respond to any inquiry made as a result of the notice provided in
4061 Subsection (3)(a).
4062 Section 58. Section 62A-4a-711 is amended to read:
4063 62A-4a-711. Penalty.
4064 An individual or entity that knowingly engages in an unregulated custody transfer, as
4065 defined in Section [
4066 Section 59. Section 62A-4a-802 is amended to read:
4067 62A-4a-802. Safe relinquishment of a newborn child.
4068 (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
4069 hospital in accordance with the provisions of this part and retain complete anonymity, so long
4070 as the newborn child has not been subject to abuse or neglect.
4071 (b) Safe relinquishment of a newborn child who has not otherwise been subject to
4072 abuse or neglect shall not, in and of itself, constitute neglect [
4073 and the newborn child shall not be considered a neglected child, as defined in Section
4074 [
4075 with the provisions of this part.
4076 (2) (a) Personnel employed by a hospital shall accept a newborn child who is
4077 relinquished pursuant to the provisions of this part, and may presume that the individual
4078 relinquishing is the newborn child's parent or the parent's designee.
4079 (b) The person receiving the newborn child may request information regarding the
4080 parent and newborn child's medical histories, and identifying information regarding the
4081 nonrelinquishing parent of the newborn child.
4082 (c) If the newborn child's parent or the parent's designee provides the person receiving
4083 the newborn child with any of the information described in Subsection (2)(b) or any other
4084 personal items, the person shall provide the information or personal items to the division.
4085 (d) Personnel employed by the hospital shall:
4086 (i) provide any necessary medical care to the newborn child;
4087 (ii) notify the division of receipt of the newborn child as soon as possible, but no later
4088 than 24 hours after receipt of the newborn child; and
4089 (iii) prepare a birth certificate or foundling birth certificate if parentage is unknown for
4090 the newborn child and file the certificate with the Office of Vital Records and Statistics within
4091 the Department of Health.
4092 (e) A hospital and personnel employed by a hospital are immune from any civil or
4093 criminal liability arising from accepting a newborn child if the personnel employed by the
4094 hospital substantially comply with the provisions of this part and medical treatment is
4095 administered according to standard medical practice.
4096 (3) The division shall assume care and custody of the newborn child immediately upon
4097 notice from the hospital.
4098 (4) So long as the division determines there is no abuse or neglect of the newborn
4099 child, neither the newborn child nor the child's parents are subject to:
4100 (a) the provisions of Part 2, Child Welfare Services;
4101 (b) the investigation provisions contained in Section 62A-4a-409; or
4102 (c) the provisions of [
4103 and Dependency Proceedings.
4104 (5) (a) Unless identifying information relating to the nonrelinquishing parent of the
4105 newborn child has been provided, the division shall:
4106 (i) work with local law enforcement and the Bureau of Criminal Identification within
4107 the Department of Public Safety in an effort to ensure that the newborn child has not been
4108 identified as a missing child;
4109 (ii) immediately place or contract for placement of the newborn child in a potential
4110 adoptive home and, within 10 days after the day on which the child is received, file a petition
4111 for termination of parental rights in accordance with [
4112
4113 (iii) direct the Office of Vital Records and Statistics within the Department of Health to
4114 conduct a search for:
4115 (A) a birth certificate for the newborn child; and
4116 (B) unmarried biological fathers in the registry maintained by the Office of Vital
4117 Records and Statistics in accordance with Title 78B, Chapter 15, Part 4, Registry; and
4118 (iv) provide notice to each potential father identified on the registry described in
4119 Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
4120 (b) (i) If no individual has affirmatively identified himself or herself within two weeks
4121 after the day on which notice under Subsection (5)(a)(iv) is complete and established paternity
4122 by scientific testing within as expeditious a time frame as practicable, a hearing on the petition
4123 for termination of parental rights shall be scheduled and notice provided in accordance with
4124 [
4125 Termination and Restoration of Parental Rights.
4126 (ii) If a nonrelinquishing parent is not identified, relinquishment of a newborn child
4127 pursuant to the provisions of this part shall be considered grounds for termination of parental
4128 rights of both the relinquishing and nonrelinquishing parents under Section [
4129 80-4-301.
4130 (6) If at any time prior to the adoption, a court finds it is in the best interest of the
4131 newborn child, the court shall deny the petition for termination of parental rights.
4132 (7) The division shall provide for, or contract with a licensed child-placing agency to
4133 provide for expeditious adoption of the newborn child.
4134 (8) So long as the individual relinquishing a newborn child is the newborn child's
4135 parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn child in
4136 substantial compliance with the provisions of this part is an affirmative defense to any potential
4137 criminal liability for abandonment or neglect relating to that relinquishment.
4138 Section 60. Section 62A-4a-1005 is amended to read:
4139 62A-4a-1005. Supported finding of a severe type of child abuse or neglect --
4140 Notation in Licensing Information System -- Juvenile court petition or notice to alleged
4141 perpetrator -- Rights of alleged perpetrator -- Juvenile court finding.
4142 (1) If the division makes a supported finding that a person committed a severe type of
4143 child abuse or neglect, the division shall:
4144 (a) serve notice of the finding on the alleged perpetrator;
4145 (b) enter the following information into the Licensing Information System created in
4146 Section 62A-4a-1006:
4147 (i) the name and other identifying information of the perpetrator with the supported
4148 finding, without identifying the person as a perpetrator or alleged perpetrator; and
4149 (ii) a notation to the effect that an investigation regarding the person is pending; and
4150 (c) if the division considers it advisable, file a petition for substantiation within one
4151 year of the supported finding.
4152 (2) The notice referred to in Subsection (1)(a):
4153 (a) shall state that:
4154 (i) the division has conducted an investigation regarding alleged abuse or neglect;
4155 (ii) the division has made a supported finding that the alleged perpetrator described in
4156 Subsection (1) committed a severe type of child abuse or neglect;
4157 (iii) facts gathered by the division support the supported finding;
4158 (iv) as a result of the supported finding, the alleged perpetrator's name and other
4159 identifying information have been listed in the Licensing Information System in accordance
4160 with Subsection (1)(b);
4161 (v) the alleged perpetrator may be disqualified from adopting a child, receiving state
4162 funds as a child care provider, or being licensed by:
4163 (A) the department;
4164 (B) a human services licensee;
4165 (C) a child care provider or program; or
4166 (D) a covered health care facility;
4167 (vi) the alleged perpetrator has the rights described in Subsection (3); and
4168 (vii) failure to take either action described in Subsection (3)(a) within one year after
4169 service of the notice will result in the action described in Subsection (3)(b);
4170 (b) shall include a general statement of the nature of the findings; and
4171 (c) may not include:
4172 (i) the name of a victim or witness; or
4173 (ii) any privacy information related to the victim or a witness.
4174 (3) (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator
4175 has the right to:
4176 (i) file a written request asking the division to review the findings made under
4177 Subsection (1);
4178 (ii) except as provided in Subsection (3)(c), immediately petition the juvenile court
4179 under Section [
4180 (iii) sign a written consent to:
4181 (A) the supported finding made under Subsection (1); and
4182 (B) entry into the Licensing Information System of:
4183 (I) the alleged perpetrator's name; and
4184 (II) other information regarding the supported finding made under Subsection (1).
4185 (b) Except as provided in Subsection (3)(e), the alleged perpetrator's name and the
4186 information described in Subsection (1)(b) shall remain in the Licensing Information System:
4187 (i) if the alleged perpetrator fails to take the action described in Subsection (3)(a)
4188 within one year after service of the notice described in Subsections (1)(a) and (2);
4189 (ii) during the time that the division awaits a response from the alleged perpetrator
4190 pursuant to Subsection (3)(a); and
4191 (iii) until a court determines that the severe type of child abuse or neglect upon which
4192 the Licensing Information System entry was based is unsubstantiated or without merit.
4193 (c) The alleged perpetrator has no right to petition the juvenile court under Subsection
4194 (3)(a)(ii) if the court previously held a hearing on the same alleged incident of abuse or neglect
4195 pursuant to the filing of a petition under Section [
4196 (d) Consent under Subsection (3)(a)(iii) by a child shall be given by the child's parent
4197 or guardian.
4198 (e) Regardless of whether an appeal on the matter is pending:
4199 (i) the division shall remove an alleged perpetrator's name and the information
4200 described in Subsection (1)(b) from the Licensing Information System if the severe type of
4201 child abuse or neglect upon which the Licensing Information System entry was based:
4202 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
4203 [
4204 (B) is found to be substantiated, but is subsequently reversed on appeal; and
4205 (ii) the division shall place back on the Licensing Information System an alleged
4206 perpetrator's name and information that is removed from the Licensing Information System
4207 under Subsection (3)(e)(i) if the court action that was the basis for removing the alleged
4208 perpetrator's name and information is subsequently reversed on appeal.
4209 (4) Upon the filing of a petition under Subsection (1)(c), the juvenile court shall make a
4210 finding of substantiated, unsubstantiated, or without merit as provided in Subsections
4211 [
4212 (5) Service of the notice described in Subsections (1)(a) and (2):
4213 (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
4214 and
4215 (b) does not preclude civil or criminal action against the alleged perpetrator.
4216 Section 61. Section 62A-4a-1006 is amended to read:
4217 62A-4a-1006. Licensing Information System -- Contents -- Juvenile court finding
4218 -- Protected record -- Access -- Criminal penalty.
4219 (1) (a) The division shall maintain a sub-part of the Management Information System
4220 established pursuant to Section 62A-4a-1003, to be known as the Licensing Information
4221 System, to be used:
4222 (i) for licensing purposes; or
4223 (ii) as otherwise specifically provided for by law.
4224 (b) The Licensing Information System shall include only the following information:
4225 (i) the information described in Subsections 62A-4a-1005(1)(b) and (3)(b);
4226 (ii) consented-to supported findings by alleged perpetrators under Subsection
4227 62A-4a-1005(3)(a)(iii); and
4228 (iii) the information in the licensing part of the division's Management Information
4229 System as of May 6, 2002.
4230 (2) Notwithstanding Subsection (1), the department's access to information in the
4231 Management Information System for the licensure and monitoring of foster parents is governed
4232 by Sections 62A-4a-1003 and 62A-2-121.
4233 (3) Subject to Subsection 62A-4a-1005(3)(e), upon receipt of a finding from the
4234 juvenile court under Section [
4235 (a) promptly amend the Licensing Information System; and
4236 (b) enter the information in the Management Information System.
4237 (4) (a) Information contained in the Licensing Information System is classified as a
4238 protected record under Title 63G, Chapter 2, Government Records Access and Management
4239 Act.
4240 (b) Notwithstanding the disclosure provisions of Title 63G, Chapter 2, Government
4241 Records Access and Management Act, the information contained in the Licensing Information
4242 System may only be used or disclosed as specifically provided in this chapter and Section
4243 62A-2-121.
4244 (c) The information described in Subsection (4)(b) is accessible only to:
4245 (i) the Office of Licensing within the department:
4246 (A) for licensing purposes; or
4247 (B) as otherwise specifically provided for by law;
4248 (ii) the division to:
4249 (A) screen an individual at the request of the Office of Guardian Ad Litem:
4250 (I) at the time that individual seeks a paid or voluntary position with the Office of
4251 Guardian Ad Litem; and
4252 (II) on an annual basis, throughout the time that the individual remains with the Office
4253 of Guardian Ad Litem; and
4254 (B) respond to a request for information from a person whose name is listed in the
4255 Licensing Information System;
4256 (iii) persons designated by the Department of Health and approved by the Department
4257 of Human Services, only for the following purposes:
4258 (A) licensing a child care program or provider;
4259 (B) determining whether an individual associated with a child care facility, program, or
4260 provider, who is exempt from being licensed or certified by the Department of Health under
4261 Title 26, Chapter 39, Utah Child Care Licensing Act, has a supported finding of a severe type
4262 of child abuse or neglect; or
4263 (C) determining whether an individual who is seeking an emergency medical services
4264 license has a supported finding of a severe type of child abuse or neglect;
4265 (iv) persons designated by the Department of Workforce Services and approved by the
4266 Department of Human Services for the purpose of qualifying child care providers under Section
4267 35A-3-310.5; and
4268 (v) the department, as specifically provided in this chapter.
4269 (5) The persons designated by the Department of Health under Subsection (4)(c)(iii)
4270 and the persons designated by the Department of Workforce Services under Subsection
4271 (4)(c)(iv) shall adopt measures to:
4272 (a) protect the security of the Licensing Information System; and
4273 (b) strictly limit access to the Licensing Information System to those persons
4274 designated by statute.
4275 (6) All persons designated by statute as having access to information contained in the
4276 Licensing Information System shall be approved by the Department of Human Services and
4277 receive training from the department with respect to:
4278 (a) accessing the Licensing Information System;
4279 (b) maintaining strict security; and
4280 (c) the criminal provisions of Sections 62A-4a-412 and 63G-2-801 pertaining to the
4281 improper release of information.
4282 (7) (a) A person, except those authorized by this chapter, may not request another
4283 person to obtain or release any other information in the Licensing Information System to screen
4284 for potential perpetrators of abuse or neglect.
4285 (b) A person who requests information knowing that the request is a violation of this
4286 Subsection (7) is subject to the criminal penalty described in Sections 62A-4a-412 and
4287 63G-2-801.
4288 Section 62. Section 62A-4a-1009 is amended to read:
4289 62A-4a-1009. Notice and opportunity to challenge supported finding in
4290 Management Information System -- Right of judicial review.
4291 (1) (a) Except as provided in Subsection (2), the division shall send a notice of agency
4292 action to a person with respect to whom the division makes a supported finding. In addition, if
4293 the alleged perpetrator is under the age of 18, the division shall:
4294 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
4295 (ii) send a notice to each parent or guardian identified under Subsection (1)(a)(i) that
4296 lives at a different address, unless there is good cause, as defined by rule, for not sending a
4297 notice to a parent or guardian.
4298 (b) Nothing in this section may be construed as affecting:
4299 (i) the manner in which the division conducts an investigation; or
4300 (ii) the use or effect, in any other setting, of a supported finding by the division at the
4301 completion of an investigation for any purpose other than for notification under Subsection (1)
4302 (a).
4303 (2) Subsection (1) does not apply to a person who has been served with notice under
4304 Subsection 62A-4a-1005(1)(a).
4305 (3) The notice described in Subsection (1) shall state:
4306 (a) that the division has conducted an investigation regarding alleged abuse, neglect, or
4307 dependency;
4308 (b) that the division has made a supported finding of abuse, neglect, or dependency;
4309 (c) that facts gathered by the division support the supported finding;
4310 (d) that the person has the right to request:
4311 (i) a copy of the report; and
4312 (ii) an opportunity to challenge the supported finding by the division; and
4313 (e) that failure to request an opportunity to challenge the supported finding within 30
4314 days of receiving the notice will result in an unappealable supported finding of abuse, neglect,
4315 or dependency unless the person can show good cause for why compliance within the 30-day
4316 requirement was virtually impossible or unreasonably burdensome.
4317 (4) (a) A person may make a request to challenge a supported finding within 30 days of
4318 a notice being received under this section.
4319 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
4320 Hearings shall hold an adjudicative proceeding pursuant to Title 63G, Chapter 4,
4321 Administrative Procedures Act.
4322 (5) (a) In an adjudicative proceeding held pursuant to this section, the division shall
4323 have the burden of proving, by a preponderance of the evidence, that abuse, neglect, or
4324 dependency occurred and that the alleged perpetrator was substantially responsible for the
4325 abuse or neglect that occurred.
4326 (b) Any party shall have the right of judicial review of final agency action, in
4327 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
4328 (c) Proceedings for judicial review of a final agency action under this section shall be
4329 closed to the public.
4330 (d) The Judicial Council shall make rules that ensure the confidentiality of the
4331 proceedings described in Subsection (5)(c) and the records related to the proceedings.
4332 (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after
4333 receiving notice, fails to challenge a supported finding in accordance with this section:
4334 (a) may not further challenge the finding; and
4335 (b) shall have no right to:
4336 (i) agency review of the finding;
4337 (ii) an adjudicative hearing on the finding; or
4338 (iii) judicial review of the finding.
4339 (7) (a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a
4340 request under Subsection (4) to challenge a supported finding if a court of competent
4341 jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that
4342 the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency which
4343 was also the subject of the supported finding.
4344 (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
4345 (c) An adjudicative proceeding under Subsection (5) may be stayed during the time a
4346 judicial action on the same matter is pending.
4347 (8) Pursuant to Section [
4348 supported finding of a type of abuse or neglect that does not constitute a severe type of child
4349 abuse or neglect may be joined in the juvenile court with an adjudicative proceeding on a
4350 supported finding of a severe type of child abuse or neglect.
4351 Section 63. Section 62A-4a-1010 is amended to read:
4352 62A-4a-1010. Notice and opportunity for court hearing for persons listed in
4353 Licensing Information System.
4354 (1) Persons whose names were listed on the Licensing Information System as of May 6,
4355 2002 and who have not been the subject of a court determination with respect to the alleged
4356 incident of abuse or neglect may at any time:
4357 (a) request review by the division of their case and removal of their name from the
4358 Licensing Information System pursuant to Subsection (3); or
4359 (b) file a petition for an evidentiary hearing and a request for a finding of
4360 unsubstantiated or without merit.
4361 (2) Subsection (1) does not apply to an individual who has been the subject of any of
4362 the following court determinations with respect to the alleged incident of abuse or neglect:
4363 (a) conviction;
4364 (b) adjudication under [
4365 80-3-402 or 80-6-701;
4366 (c) plea of guilty;
4367 (d) plea of guilty with a mental illness; or
4368 (e) no contest.
4369 (3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,
4370 2002, requests removal of the alleged perpetrator's name from the Licensing Information
4371 System, the division shall, within 30 days:
4372 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
4373 qualifies as:
4374 (A) a severe type of child abuse or neglect;
4375 (B) chronic abuse; or
4376 (C) chronic neglect; and
4377 (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
4378 described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from
4379 the Licensing Information System; or
4380 (b) determine whether to file a petition for substantiation.
4381 (4) If the division decides to file a petition, that petition must be filed no more than 14
4382 days after the decision.
4383 (5) The juvenile court shall act on the petition as provided in Subsection [
4384 80-3-404(3).
4385 (6) If a person whose name appears on the Licensing Information System prior to May
4386 6, 2002 files a petition pursuant to Section [
4387 alleged perpetrator's application for clearance to work with children or vulnerable adults is
4388 pending, the court shall hear the matter on an expedited basis.
4389 Section 64. Section 62A-11-304.2 is amended to read:
4390 62A-11-304.2. Issuance or modification of administrative order -- Compliance
4391 with court order -- Authority of office -- Stipulated agreements -- Notification
4392 requirements.
4393 (1) Through an adjudicative proceeding the office may issue or modify an
4394 administrative order that:
4395 (a) determines paternity;
4396 (b) determines whether an obligor owes support;
4397 (c) determines temporary orders of child support upon clear and convincing evidence
4398 of paternity in the form of genetic test results or other evidence;
4399 (d) requires an obligor to pay a specific or determinable amount of present and future
4400 support;
4401 (e) determines the amount of past-due support;
4402 (f) orders an obligor who owes past-due support and is obligated to support a child
4403 receiving public assistance to participate in appropriate work activities if the obligor is
4404 unemployed and is not otherwise incapacitated;
4405 (g) imposes a penalty authorized under this chapter;
4406 (h) determines an issue that may be specifically contested under this chapter by a party
4407 who timely files a written request for an adjudicative proceeding with the office; and
4408 (i) renews an administrative judgment.
4409 (2) (a) An abstract of a final administrative order issued under this section or a notice
4410 of judgment-lien under Section 62A-11-312.5 may be filed with the clerk of any district court.
4411 (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
4412 (i) docket the abstract or notice in the judgment docket of the court and note the time of
4413 receipt on the abstract or notice and in the judgment docket; and
4414 (ii) at the request of the office, place a copy of the abstract or notice in the file of a
4415 child support action involving the same parties.
4416 (3) If a judicial order has been issued, the office may not issue an order under
4417 Subsection (1) that is not based on the judicial order, except:
4418 (a) the office may establish a new obligation in those cases in which the juvenile court
4419 has ordered the parties to meet with the office to determine the support pursuant to Section
4420 [
4421 (b) the office may issue an order of current support in accordance with the child support
4422 guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
4423 (4) The office may proceed under this section in the name of this state, another state
4424 under Section 62A-11-305, any department of this state, the office, or the obligee.
4425 (5) The office may accept voluntary acknowledgment of a support obligation and enter
4426 into stipulated agreements providing for the issuance of an administrative order under this part.
4427 (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
4428 checks, money orders, or other negotiable instruments received by the office for support.
4429 (7) The obligor shall, after a notice of agency action has been served on the obligor in
4430 accordance with Section 63G-4-201, keep the office informed of:
4431 (a) the obligor's current address;
4432 (b) the name and address of current payors of income;
4433 (c) availability of or access to health insurance coverage; and
4434 (d) applicable health insurance policy information.
4435 Section 65. Section 62A-15-204 is amended to read:
4436 62A-15-204. Court order to attend substance abuse school -- Assessments.
4437 (1) In addition to any other disposition ordered by the juvenile court [
4438
4439 parents or legal guardians to attend a teen substance abuse school, and order payment of an
4440 assessment in addition to any other fine imposed.
4441 (2) All assessments collected shall be forwarded to the county treasurer of the county
4442 where the juvenile resides, to be used exclusively for the operation of a teen substance abuse
4443 program.
4444 Section 66. Section 62A-15-626 is amended to read:
4445 62A-15-626. Release from commitment.
4446 (1) (a) Subject to Subsection (1)(b), a local mental health authority or the mental health
4447 authority's designee shall release from commitment any individual who, in the opinion of the
4448 local mental health authority or the mental health authority's designee, has recovered or no
4449 longer meets the criteria specified in Section 62A-15-631.
4450 (b) A local mental health authority's inability to locate a committed individual may not
4451 be the basis for the individual's release, unless the court orders the release of the individual
4452 after a hearing.
4453 (2) A local mental health authority or the mental health authority's designee may
4454 release from commitment any patient whose commitment is determined to be no longer
4455 advisable except as provided by [
4456 be made to assure that any further supportive services required to meet the patient's needs upon
4457 release will be provided.
4458 (3) When a patient has been committed to a local mental health authority by judicial
4459 process, the local mental health authority shall follow the procedures described in Sections
4460 62A-15-636 and 62A-15-637.
4461 Section 67. Section 62A-15-703 is amended to read:
4462 62A-15-703. Residential and inpatient settings -- Commitment proceeding --
4463 Child in physical custody of local mental health authority.
4464 (1) A child may receive services from a local mental health authority in an inpatient or
4465 residential setting only after a commitment proceeding, for the purpose of transferring physical
4466 custody, has been conducted in accordance with the requirements of this section.
4467 (2) That commitment proceeding shall be initiated by a petition for commitment, and
4468 shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
4469 to the procedures and requirements of this section. If the findings described in Subsection (4)
4470 exist, the proceeding shall result in the transfer of physical custody to the appropriate local
4471 mental health authority, and the child may be placed in an inpatient or residential setting.
4472 (3) The neutral and detached fact finder who conducts the inquiry:
4473 (a) shall be a designated examiner, as defined in Section 62A-15-602; and
4474 (b) may not profit, financially or otherwise, from the commitment or physical
4475 placement of the child in that setting.
4476 (4) Upon determination by a fact finder that the following circumstances clearly exist,
4477 the fact finder may order that the child be committed to the physical custody of a local mental
4478 health authority:
4479 (a) the child has a mental illness, as defined in Section 62A-15-602;
4480 (b) the child demonstrates a reasonable fear of the risk of substantial danger to self or
4481 others;
4482 (c) the child will benefit from care and treatment by the local mental health authority;
4483 and
4484 (d) there is no appropriate less-restrictive alternative.
4485 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
4486 conducted in as informal manner as possible and in a physical setting that is not likely to have a
4487 harmful effect on the child.
4488 (b) The child, the child's parent or legal guardian, the petitioner, and a representative of
4489 the appropriate local mental health authority:
4490 (i) shall receive informal notice of the date and time of the proceeding; and
4491 (ii) may appear and address the petition for commitment.
4492 (c) The neutral and detached fact finder may, in the fact finder's discretion, receive the
4493 testimony of any other person.
4494 (d) The fact finder may allow a child to waive the child's right to be present at the
4495 commitment proceeding, for good cause shown. If that right is waived, the purpose of the
4496 waiver shall be made a matter of record at the proceeding.
4497 (e) At the time of the commitment proceeding, the appropriate local mental health
4498 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
4499 commitment proceeding, shall provide the neutral and detached fact finder with the following
4500 information, as it relates to the period of current admission:
4501 (i) the petition for commitment;
4502 (ii) the admission notes;
4503 (iii) the child's diagnosis;
4504 (iv) physicians' orders;
4505 (v) progress notes;
4506 (vi) nursing notes; and
4507 (vii) medication records.
4508 (f) The information described in Subsection (5)(e) shall also be provided to the child's
4509 parent or legal guardian upon written request.
4510 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
4511 duration of the commitment. Any commitment to the physical custody of a local mental health
4512 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
4513 commitment is sought, a hearing shall be conducted in the same manner as the initial
4514 commitment proceeding, in accordance with the requirements of this section.
4515 (ii) At the conclusion of the hearing and subsequently in writing, when a decision for
4516 commitment is made, the neutral and detached fact finder shall inform the child and the child's
4517 parent or legal guardian of that decision and of the reasons for ordering commitment.
4518 (iii) The neutral and detached fact finder shall state in writing the basis of the decision,
4519 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
4520 (6) A child may be temporarily committed for a maximum of 72 hours, excluding
4521 Saturdays, Sundays, and legal holidays, to the physical custody of a local mental health
4522 authority in accordance with the procedures described in Section 62A-15-629 and upon
4523 satisfaction of the risk factors described in Subsection (4). A child who is temporarily
4524 committed shall be released at the expiration of the 72 hours unless the procedures and findings
4525 required by this section for the commitment of a child are satisfied.
4526 (7) A local mental health authority shall have physical custody of each child committed
4527 to it under this section. The parent or legal guardian of a child committed to the physical
4528 custody of a local mental health authority under this section, retains legal custody of the child,
4529 unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
4530 when the Division of Child and Family Services or the Division of Juvenile Justice Services
4531 has legal custody of a child, that division shall retain legal custody for purposes of this part.
4532 (8) The cost of caring for and maintaining a child in the physical custody of a local
4533 mental health authority shall be assessed to and paid by the child's parents, according to their
4534 ability to pay. For purposes of this section, the Division of Child and Family Services or the
4535 Division of Juvenile Justice Services shall be financially responsible, in addition to the child's
4536 parents, if the child is in the legal custody of either of those divisions at the time the child is
4537 committed to the physical custody of a local mental health authority under this section, unless
4538 Medicaid regulation or contract provisions specify otherwise. The Office of Recovery Services
4539 shall assist those divisions in collecting the costs assessed pursuant to this section.
4540 (9) Whenever application is made for commitment of a minor to a local mental health
4541 authority under any provision of this section by a person other than the child's parent or
4542 guardian, the local mental health authority or its designee shall notify the child's parent or
4543 guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
4544 proceeding.
4545 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
4546 days after any order for commitment. The appeal may be brought on the child's own petition or
4547 on petition of the child's parent or legal guardian, to the juvenile court in the district where the
4548 child resides or is currently physically located. With regard to a child in the custody of the
4549 Division of Child and Family Services or the Division of Juvenile Justice Services, the attorney
4550 general's office shall handle the appeal, otherwise the appropriate county attorney's office is
4551 responsible for appeals brought pursuant to this Subsection (10)(a).
4552 (b) Upon receipt of the petition for appeal, the court shall appoint a designated
4553 examiner previously unrelated to the case, to conduct an examination of the child in accordance
4554 with the criteria described in Subsection (4), and file a written report with the court. The court
4555 shall then conduct an appeal hearing to determine whether the findings described in Subsection
4556 (4) exist by clear and convincing evidence.
4557 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
4558 its designee, or the mental health professional who has been in charge of the child's care prior
4559 to commitment, shall provide the court and the designated examiner for the appeal hearing with
4560 the following information, as it relates to the period of current admission:
4561 (i) the original petition for commitment;
4562 (ii) admission notes;
4563 (iii) diagnosis;
4564 (iv) physicians' orders;
4565 (v) progress notes;
4566 (vi) nursing notes; and
4567 (vii) medication records.
4568 (d) Both the neutral and detached fact finder and the designated examiner appointed for
4569 the appeal hearing shall be provided with an opportunity to review the most current information
4570 described in Subsection (10)(c) prior to the appeal hearing.
4571 (e) The child, the child's parent or legal guardian, the person who submitted the
4572 original petition for commitment, and a representative of the appropriate local mental health
4573 authority shall be notified by the court of the date and time of the appeal hearing. Those
4574 persons shall be afforded an opportunity to appear at the hearing. In reaching its decision, the
4575 court shall review the record and findings of the neutral and detached fact finder, the report of
4576 the designated examiner appointed pursuant to Subsection (10)(b), and may, in its discretion,
4577 allow or require the testimony of the neutral and detached fact finder, the designated examiner,
4578 the child, the child's parent or legal guardian, the person who brought the initial petition for
4579 commitment, or any other person whose testimony the court deems relevant. The court may
4580 allow the child to waive the right to appear at the appeal hearing, for good cause shown. If that
4581 waiver is granted, the purpose shall be made a part of the court's record.
4582 (11) Each local mental health authority has an affirmative duty to conduct periodic
4583 evaluations of the mental health and treatment progress of every child committed to its physical
4584 custody under this section, and to release any child who has sufficiently improved so that the
4585 criteria justifying commitment no longer exist.
4586 (12) (a) A local mental health authority or its designee, in conjunction with the child's
4587 current treating mental health professional may release an improved child to a less restrictive
4588 environment, as they determine appropriate. Whenever the local mental health authority or its
4589 designee, and the child's current treating mental health professional, determine that the
4590 conditions justifying commitment no longer exist, the child shall be discharged and released to
4591 the child's parent or legal guardian. With regard to a child who is in the physical custody of the
4592 State Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the
4593 child's current treating mental health professional.
4594 (b) A local mental health authority or its designee, in conjunction with the child's
4595 current treating mental health professional, is authorized to issue a written order for the
4596 immediate placement of a child not previously released from an order of commitment into a
4597 more restrictive environment, if the local authority or its designee and the child's current
4598 treating mental health professional has reason to believe that the less restrictive environment in
4599 which the child has been placed is exacerbating the child's mental illness, or increasing the risk
4600 of harm to self or others.
4601 (c) The written order described in Subsection (12)(b) shall include the reasons for
4602 placement in a more restrictive environment and shall authorize any peace officer to take the
4603 child into physical custody and transport the child to a facility designated by the appropriate
4604 local mental health authority in conjunction with the child's current treating mental health
4605 professional. Prior to admission to the more restrictive environment, copies of the order shall
4606 be personally delivered to the child, the child's parent or legal guardian, the administrator of the
4607 more restrictive environment, or the administrator's designee, and the child's former treatment
4608 provider or facility.
4609 (d) If the child has been in a less restrictive environment for more than 30 days and is
4610 aggrieved by the change to a more restrictive environment, the child or the child's
4611 representative may request a review within 30 days of the change, by a neutral and detached
4612 fact finder as described in Subsection (3). The fact finder shall determine whether:
4613 (i) the less restrictive environment in which the child has been placed is exacerbating
4614 the child's mental illness or increasing the risk of harm to self or others; or
4615 (ii) the less restrictive environment in which the child has been placed is not
4616 exacerbating the child's mental illness or increasing the risk of harm to self or others, in which
4617 case the fact finder shall designate that the child remain in the less restrictive environment.
4618 (e) Nothing in this section prevents a local mental health authority or its designee, in
4619 conjunction with the child's current mental health professional, from discharging a child from
4620 commitment or from placing a child in an environment that is less restrictive than that
4621 designated by the neutral and detached fact finder.
4622 (13) Each local mental health authority or its designee, in conjunction with the child's
4623 current treating mental health professional shall discharge any child who, in the opinion of that
4624 local authority, or its designee, and the child's current treating mental health professional, no
4625 longer meets the criteria specified in Subsection (4), except as provided by Section
4626 [
4627 that any further supportive services required to meet the child's needs upon release will be
4628 provided.
4629 (14) Even though a child has been committed to the physical custody of a local mental
4630 health authority under this section, the child is still entitled to additional due process
4631 proceedings, in accordance with Section 62A-15-704, before any treatment that may affect a
4632 constitutionally protected liberty or privacy interest is administered. Those treatments include,
4633 but are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
4634 Section 68. Section 63G-4-402 is amended to read:
4635 63G-4-402. Judicial review -- Informal adjudicative proceedings.
4636 (1) (a) The district courts have jurisdiction to review by trial de novo all final agency
4637 actions resulting from informal adjudicative proceedings, except that the juvenile courts have
4638 jurisdiction over all final agency actions relating to:
4639 (i) the removal or placement of children in state custody;
4640 (ii) the support of children under Subsection (1)(a)(i) as determined administratively
4641 under Section [
4642 (iii) supported findings of abuse or neglect made by the Division of Child and Family
4643 Services.
4644 (b) Venue for judicial review of informal adjudicative proceedings shall be as provided
4645 in the statute governing the agency or, in the absence of such a venue provision, in the county
4646 where the petitioner resides or maintains the petitioner's principal place of business.
4647 (2) (a) The petition for judicial review of informal adjudicative proceedings shall be a
4648 complaint governed by the Utah Rules of Civil Procedure and shall include:
4649 (i) the name and mailing address of the party seeking judicial review;
4650 (ii) the name and mailing address of the respondent agency;
4651 (iii) the title and date of the final agency action to be reviewed, together with a copy,
4652 summary, or brief description of the agency action;
4653 (iv) identification of the persons who were parties in the informal adjudicative
4654 proceedings that led to the agency action;
4655 (v) a copy of the written agency order from the informal proceeding;
4656 (vi) facts demonstrating that the party seeking judicial review is entitled to obtain
4657 judicial review;
4658 (vii) a request for relief, specifying the type and extent of relief requested; and
4659 (viii) a statement of the reasons why the petitioner is entitled to relief.
4660 (b) All additional pleadings and proceedings in the district court are governed by the
4661 Utah Rules of Civil Procedure.
4662 (3) (a) The court, without a jury, shall determine all questions of fact and law and any
4663 constitutional issue presented in the pleadings.
4664 (b) The Utah Rules of Evidence apply in judicial proceedings under this section.
4665 Section 69. Section 63M-7-208 is amended to read:
4666 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
4667 (1) The Commission on Criminal and Juvenile Justice shall:
4668 (a) support implementation and expansion of evidence-based juvenile justice programs
4669 and practices, including assistance regarding implementation fidelity, quality assurance, and
4670 ongoing evaluation;
4671 (b) examine and make recommendations on the use of third-party entities or an
4672 intermediary organization to assist with implementation and to support the performance-based
4673 contracting system authorized in Subsection (1)(m);
4674 (c) oversee the development of performance measures to track juvenile justice reforms,
4675 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
4676 measures;
4677 (d) evaluate currently collected data elements throughout the juvenile justice system
4678 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
4679 inefficiencies, and ensure a focus on recidivism reduction;
4680 (e) review averted costs from reductions in out-of-home placements for juvenile justice
4681 youth placed with the Division of Juvenile Justice Services and the Division of Child and
4682 Family Services, and make recommendations to prioritize the reinvestment and realignment of
4683 resources into community-based programs for youth living at home, including the following:
4684 (i) statewide expansion of:
4685 (A) juvenile receiving centers, as defined in Section 80-1-102;
4686 (B) mobile crisis outreach teams, as defined in Section [
4687 (C) youth courts; and
4688 (D) victim-offender mediation;
4689 (ii) statewide implementation of nonresidential diagnostic assessment;
4690 (iii) statewide availability of evidence-based programs and practices including
4691 cognitive behavioral and family therapy programs for minors assessed by a validated risk and
4692 needs assessment as moderate or high risk;
4693 (iv) implementation and infrastructure to support the sustainability and fidelity of
4694 evidence-based juvenile justice programs, including resources for staffing, transportation, and
4695 flexible funds; and
4696 (v) early intervention programs such as family strengthening programs, family
4697 wraparound services, and proven truancy interventions;
4698 (f) assist the Administrative Office of the Courts in the development of a statewide
4699 sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
4700 family to pay;
4701 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
4702 such as the operation of early intervention services, receiving centers, and diversion, and make
4703 recommendations to reallocate functions as appropriate, in accordance with Section
4704 [
4705 (h) ensure that data reporting is expanded and routinely review data in additional areas,
4706 including:
4707 (i) referral and disposition data by judicial district;
4708 (ii) data on the length of time minors spend in the juvenile justice system, including the
4709 total time spent under court jurisdiction, on community supervision, and in each out-of-home
4710 placement;
4711 (iii) recidivism data for [
4712
4713 under Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
4714 including tracking minors into the adult corrections system;
4715 (iv) change in aggregate risk levels from the time minors receive services, are under
4716 supervision, and are in out-of-home placement; and
4717 (v) dosage of programming;
4718 (i) develop a reasonable timeline within which all programming delivered to minors in
4719 the juvenile justice system must be evidence-based or consist of practices that are rated as
4720 effective for reducing recidivism by a standardized program evaluation tool;
4721 (j) provide guidelines to be considered by the Administrative Office of the Courts and
4722 the Division of Juvenile Justice Services in developing tools considered by the Administrative
4723 Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
4724 tools to be used for the evaluation of juvenile justice programs;
4725 (k) develop a timeline to support improvements to juvenile justice programs to achieve
4726 reductions in recidivism and review reports from relevant state agencies on progress toward
4727 reaching that timeline;
4728 (l) subject to Subsection (2), assist in the development of training for juvenile justice
4729 stakeholders, including educators, law enforcement officers, probation staff, judges, Division
4730 of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
4731 providers;
4732 (m) subject to Subsection (3), assist in the development of a performance-based
4733 contracting system, which shall be developed by the Administrative Office of the Courts and
4734 the Division of Juvenile Justice Services for contracted services in the community and
4735 contracted out-of-home placement providers;
4736 (n) assist in the development of a validated detention risk assessment tool that shall be
4737 developed or adopted and validated by the Administrative Office of the Courts and the Division
4738 of Juvenile Justice Services as provided in Section [
4739 2018; and
4740 (o) annually issue and make public a report to the governor, president of the Senate,
4741 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
4742 progress of the reforms and any additional areas in need of review.
4743 (2) Training described in Subsection (1)(l) should include instruction on
4744 evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
4745 and fidelity, and shall be supplemented by the following topics:
4746 (a) adolescent development;
4747 (b) identifying and using local behavioral health resources;
4748 (c) implicit bias;
4749 (d) cultural competency;
4750 (e) graduated responses;
4751 (f) Utah juvenile justice system data and outcomes; and
4752 (g) gangs.
4753 (3) The system described in Subsection (1)(m) shall provide incentives for:
4754 (a) the use of evidence-based juvenile justice programs and practices rated as effective
4755 by the tools selected in accordance with Subsection (1)(j);
4756 (b) the use of three-month timelines for program completion; and
4757 (c) evidence-based programs and practices for minors living at home in rural areas.
4758 (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
4759 under this section to a subcommittee or board established by the Commission on Criminal and
4760 Juvenile Justice in accordance with Subsection 63M-7-204(2).
4761 (5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
4762 section takes effect July 1, 2018.
4763 Section 70. Section 67-25-201 is amended to read:
4764 67-25-201. State agency work week.
4765 (1) Except as provided in Subsection (2), and subject to Subsection (3):
4766 (a) a state agency with five or more employees shall, at least nine hours per day on
4767 Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
4768 another entity of the state, a political subdivision, or the public:
4769 (i) in person;
4770 (ii) online; or
4771 (iii) by telephone; and
4772 (b) a state agency with fewer than five employees shall, at least eight hours per day on
4773 Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
4774 another entity of the state, a political subdivision, or the public:
4775 (i) in person;
4776 (ii) online; or
4777 (iii) by telephone.
4778 (2) (a) Subsection (1) does not require a state agency to operate a physical location, or
4779 provide a service, on a holiday established under Section 63G-1-301.
4780 (b) Except for a legal holiday established under Section 63G-1-301, the following state
4781 agencies shall operate at least one physical location, and as many physical locations as
4782 necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
4783 to provide a service required by statute to another entity of the state, a political subdivision, or
4784 the public:
4785 (i) the Department of Technology Services, created in Section 63F-1-103;
4786 (ii) the Division of Child and Family Services, created in Section 62A-4a-103; and
4787 (iii) the Office of Guardian Ad Litem, created in Section [
4788 (3) A state agency shall make staff available, as necessary, to provide:
4789 (a) services incidental to a court or administrative proceeding, during the hours of
4790 operation of a court or administrative body, including:
4791 (i) testifying;
4792 (ii) the production of records or evidence; and
4793 (iii) other services normally available to a court or administrative body;
4794 (b) security services; and
4795 (c) emergency services.
4796 (4) This section does not limit the days or hours a state agency may operate.
4797 (5) To provide a service as required by Subsection (1), the chief administrative officer
4798 of a state agency may determine:
4799 (a) the number of physical locations, if any are required by this section, operating each
4800 day;
4801 (b) the daily hours of operation of a physical location;
4802 (c) the number of state agency employees who work per day; and
4803 (d) the hours a state agency employee works per day.
4804 (6) To provide a service as required by Subsection (2)(b), the chief administrative
4805 officer of a state agency, or a person otherwise designated by law, may determine:
4806 (a) the number of physical locations operating each day;
4807 (b) the daily hours of operation, as required by Subsection (2)(b), of each physical
4808 location;
4809 (c) the number of state agency employees who work per day; and
4810 (d) the hours a state agency employee works per day.
4811 (7) A state agency shall:
4812 (a) provide information, accessible from a conspicuous link on the home page of the
4813 state agency's website, on a method that a person may use to schedule an in-person meeting
4814 with a representative of the state agency; and
4815 (b) except as provided in Subsection (8), as soon as reasonably possible:
4816 (i) contact a person who makes a request for an in-person meeting; and
4817 (ii) when appropriate, schedule and hold an in-person meeting with the person that
4818 requests an in-person meeting.
4819 (8) A state agency is not required to comply with Subsection (7)(b) to the extent that
4820 the contact or meeting:
4821 (a) would constitute a conflict of interest;
4822 (b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
4823 Utah Procurement Code;
4824 (c) would violate an ethical requirement of the state agency or an employee of the state
4825 agency; or
4826 (d) would constitute a violation of law.
4827 Section 71. Section 75-5-209 is amended to read:
4828 75-5-209. Powers and duties of guardian of minor -- Residual parental rights and
4829 duties -- Adoption of a ward.
4830 (1) For purposes of this section, "residual parental rights and duties" is as defined in
4831 Section [
4832 (2) Except as provided in Subsection (4)(a), a guardian of a minor has the powers and
4833 responsibilities of a parent who has not been deprived of custody of the parent's unemancipated
4834 minor, including the powers and responsibilities described in Subsection (3).
4835 (3) A guardian of a minor:
4836 (a) must take reasonable care of the personal effects of the guardian's ward;
4837 (b) must commence protective proceedings if necessary to protect other property of the
4838 guardian's ward;
4839 (c) subject to Subsection (4)(b), may receive money payable for the support of the ward
4840 to the ward's parent, guardian, or custodian under the terms of a:
4841 (i) statutory benefit or insurance system;
4842 (ii) private contract;
4843 (iii) devise;
4844 (iv) trust;
4845 (v) conservatorship; or
4846 (vi) custodianship;
4847 (d) subject to Subsection (4)(b), may receive money or property of the ward paid or
4848 delivered by virtue of Section 75-5-102;
4849 (e) except as provided in Subsection (4)(c), must exercise due care to conserve any
4850 excess money or property described in Subsection (3)(d) for the ward's future needs;
4851 (f) unless otherwise provided by statute, may institute proceedings to compel the
4852 performance by any person of a duty to:
4853 (i) support the ward; or
4854 (ii) pay sums for the welfare of the ward;
4855 (g) is empowered to:
4856 (i) facilitate the ward's education, social, or other activities; and
4857 (ii) subject to Subsection (4)(d), authorize medical or other professional care,
4858 treatment, or advice;
4859 (h) may consent to the:
4860 (i) marriage of the guardian's ward, if specifically authorized by a court to give this
4861 consent; or
4862 (ii) adoption of the guardian's ward if the:
4863 (A) guardian of the ward is specifically authorized by a court to give this consent; and
4864 (B) parental rights of the ward's parents have been terminated; and
4865 (i) must report the condition of the minor and of the minor's estate that has been subject
4866 to the guardian's possession or control:
4867 (i) as ordered by court on petition of any person interested in the minor's welfare; or
4868 (ii) as required by court rule.
4869 (4) (a) Notwithstanding Subsection (2), a guardian of a minor is not:
4870 (i) legally obligated to provide from the guardian's own funds for the ward; and
4871 (ii) liable to third persons by reason of the guardian's relationship for acts of the ward.
4872 (b) Sums received under Subsection (3)(c) or (d):
4873 (i) may not be used for compensation for the services of a guardian, except as:
4874 (A) approved by court order; or
4875 (B) determined by a duly appointed conservator other than the guardian; and
4876 (ii) shall be applied to the ward's current needs for support, care, and education.
4877 (c) Notwithstanding Subsection (3)(e), if a conservator is appointed for the estate of the
4878 ward, the excess shall be paid over at least annually to the conservator.
4879 (d) A guardian of a minor is not, by reason of giving the authorization described in
4880 Subsection (3)(g)(ii), liable for injury to the minor resulting from the negligence or acts of third
4881 persons, unless it would have been illegal for a parent to have given the authorization.
4882 (5) A parent of a minor for whom a guardian is appointed retains residual parental
4883 rights and duties.
4884 (6) If a parent of a minor for whom a guardian is appointed consents to the adoption of
4885 the minor, the guardian is entitled to:
4886 (a) receive notice of the adoption proceeding pursuant to Section 78B-6-110;
4887 (b) intervene in the adoption; and
4888 (c) present evidence to the court relevant to the best interest of the child pursuant to
4889 Subsection 78B-6-110(11).
4890 (7) If a minor for whom a guardian is appointed is adopted subsequent to the
4891 appointment, the guardianship shall terminate when the adoption is finalized.
4892 Section 72. Section 76-3-406 is amended to read:
4893 76-3-406. Crimes for which probation, suspension of sentence, lower category of
4894 offense, or hospitalization may not be granted.
4895 (1) Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a,
4896 Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
4897 76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
4898 suspended, the court may not enter a judgment for a lower category of offense, and
4899 hospitalization may not be ordered, the effect of which would in any way shorten the prison
4900 sentence for an individual who commits a capital felony or a first degree felony involving:
4901 (a) Section 76-5-202, aggravated murder;
4902 (b) Section 76-5-203, murder;
4903 (c) Section 76-5-301.1, child kidnaping;
4904 (d) Section 76-5-302, aggravated kidnaping;
4905 (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
4906 76-5-402(3)(b), (3)(c), or (4);
4907 (f) Section 76-5-402.1, rape of a child;
4908 (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
4909 76-5-402.2(1)(b), (1)(c), or (2);
4910 (h) Section 76-5-402.3, object rape of a child;
4911 (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
4912 76-5-403(3)(b), (3)(c), or (4);
4913 (j) Section 76-5-403.1, sodomy on a child;
4914 (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
4915 Subsection 76-5-404(2)(b) or (3);
4916 (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
4917 (m) Section 76-5-405, aggravated sexual assault; or
4918 (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
4919 (2) Except for an offense before the district court in accordance with Section
4920 [
4921 apply if the sentencing court finds that the defendant:
4922 (a) was under 18 years old at the time of the offense; and
4923 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
4924 delayed filing of the information.
4925 Section 73. Section 76-5-107.1 is amended to read:
4926 76-5-107.1. Threats against schools.
4927 (1) As used in this section, "school" means a preschool or a public or private
4928 elementary or secondary school.
4929 (2) An individual is guilty of making a threat against a school if the individual
4930 threatens in person or via electronic means, either with real intent or as an intentional hoax, to
4931 commit any offense involving bodily injury, death, or substantial property damage, and:
4932 (a) threatens the use of a firearm or weapon or hoax weapon of mass destruction, as
4933 defined in Section 76-10-401;
4934 (b) acts with intent to:
4935 (i) disrupt the regular schedule of the school or influence or affect the conduct of
4936 students, employees, or the general public at the school;
4937 (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a
4938 facility or vehicle used by the school; or
4939 (iii) intimidate or coerce students or employees of the school; or
4940 (c) causes an official or volunteer agency organized to deal with emergencies to take
4941 action due to the risk to the school or general public.
4942 (3) (a) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor.
4943 (b) A violation of Subsection (2)(b)(ii) is a class B misdemeanor.
4944 (c) A violation of Subsection (2)(c) is a class C misdemeanor.
4945 (4) Counseling for the minor and the minor's family may be made available through
4946 state and local health department programs.
4947 (5) It is not a defense to this section that the individual did not attempt to carry out or
4948 was incapable of carrying out the threat.
4949 (6) In addition to any other penalty authorized by law, a court shall order an individual
4950 convicted of a violation of this section to pay restitution to any federal, state, or local unit of
4951 government, or any private business, organization, individual, or entity for expenses and losses
4952 incurred in responding to the threat, unless the court states on the record the reasons why the
4953 reimbursement would be inappropriate. Restitution ordered in the case of a minor adjudicated
4954 for a violation of this section shall be determined in accordance with [
4955
4956 (7) A violation of this section shall be reported to the local law enforcement agency. If
4957 the individual alleged to have violated this section is a minor, the minor may be referred to the
4958 juvenile court.
4959 Section 74. Section 76-5-108 is amended to read:
4960 76-5-108. Protective orders restraining abuse of another -- Violation.
4961 (1) Any person who is the respondent or defendant subject to a protective order, child
4962 protective order, ex parte protective order, or ex parte child protective order issued under the
4963 following who intentionally or knowingly violates that order after having been properly served
4964 or having been present, in person or through court video conferencing, when the order was
4965 issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
4966 77, Chapter 36, Cohabitant Abuse Procedures Act:
4967 (a) [
4968 (b) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
4969 (c) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or
4970 (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
4971 Interstate Enforcement of Domestic Violence Protection Orders Act.
4972 (2) Violation of an order as described in Subsection (1) is a domestic violence offense
4973 under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
4974 Section 75. Section 76-5-110 is amended to read:
4975 76-5-110. Abuse or neglect of a child with a disability.
4976 (1) As used in this section:
4977 (a) "Abuse" means:
4978 (i) inflicting physical injury, as that term is defined in Section 76-5-109;
4979 (ii) having the care or custody of a child with a disability, causing or permitting another
4980 to inflict physical injury, as that term is defined in Section 76-5-109; or
4981 (iii) unreasonable confinement.
4982 (b) "Caretaker" means:
4983 (i) any parent, legal guardian, or other person having under that person's care and
4984 custody a child with a disability; or
4985 (ii) any person, corporation, or public institution that has assumed by contract or court
4986 order the responsibility to provide food, shelter, clothing, medical, and other necessities to a
4987 child with a disability.
4988 (c) "Child with a disability" means any person under 18 years [
4989 impaired because of mental illness, mental deficiency, physical illness or disability, or other
4990 cause, to the extent that the person is unable to care for the person's own personal safety or to
4991 provide necessities such as food, shelter, clothing, and medical care.
4992 (d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter,
4993 supervision, or medical care.
4994 (2) Any caretaker who intentionally, knowingly, or recklessly abuses or neglects a child
4995 with a disability is guilty of a third degree felony.
4996 (3) (a) A parent or legal guardian who provides a child with treatment by spiritual
4997 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
4998 practices of an established church or religious denomination of which the parent or legal
4999 guardian is a member or adherent shall not, for that reason alone, be considered to be in
5000 violation under this section.
5001 (b) Subject to [
5002 Subsection (3)(a) does not preclude a court from ordering medical services from a physician
5003 licensed to engage in the practice of medicine to be provided to the child where there is
5004 substantial risk of harm to the child's health or welfare if the treatment is not provided.
5005 (c) A caretaker of a child with a disability does not violate this section by selecting a
5006 treatment option for a medical condition of a child with a disability, if the treatment option is
5007 one that a reasonable caretaker would believe to be in the best interest of the child with a
5008 disability.
5009 Section 76. Section 76-5-401.3 is amended to read:
5010 76-5-401.3. Unlawful adolescent sexual activity.
5011 (1) As used in this section:
5012 (a) "Adolescent" means an individual in the transitional phase of human physical and
5013 psychological growth and development between childhood and adulthood who is 12 years old
5014 or older, but under 18 years old.
5015 (b) "Unlawful adolescent sexual activity" means sexual activity between adolescents
5016 under circumstances not amounting to:
5017 (i) rape, in violation of Section 76-5-402;
5018 (ii) rape of a child, in violation of Section 76-5-402.1;
5019 (iii) object rape, in violation of Section 76-5-402.2;
5020 (iv) object rape of a child, in violation of Section 76-5-402.3;
5021 (v) forcible sodomy, in violation of Section 76-5-403;
5022 (vi) sodomy on a child, in violation of Section 76-5-403.1;
5023 (vii) sexual abuse of a child, in violation of Section 76-5-404;
5024 (viii) aggravated sexual assault, in violation of Section 76-5-405; or
5025 (ix) incest, in violation of Section 76-7-102.
5026 (2) Unlawful adolescent sexual activity is punishable as a:
5027 (a) third degree felony if an adolescent who is 17 years old engages in unlawful
5028 adolescent sexual activity with an adolescent who is 12 or 13 years old;
5029 (b) third degree felony if an adolescent who is 16 years old engages in unlawful
5030 adolescent sexual activity with an adolescent who is 12 years old;
5031 (c) class A misdemeanor if an adolescent who is 16 years old engages in unlawful
5032 adolescent sexual activity with an adolescent who is 13 years old;
5033 (d) class A misdemeanor if an adolescent who is 14 or 15 years old engages in
5034 unlawful adolescent sexual activity with an adolescent who is 12 years old;
5035 (e) class B misdemeanor if an adolescent who is 17 years old engages in unlawful
5036 adolescent sexual activity with an adolescent who is 14 years old;
5037 (f) class B misdemeanor if an adolescent who is 15 years old engages in unlawful
5038 adolescent sexual activity with an adolescent who is 13 years old;
5039 (g) class C misdemeanor if an adolescent who is 12 or 13 years old engages in unlawful
5040 adolescent sexual activity with an adolescent who is 12 or 13 years old; and
5041 (h) class C misdemeanor if an adolescent who is 14 years old engages in unlawful
5042 adolescent sexual activity with an adolescent who is 13 years old.
5043 (3) An offense under this section is not eligible for a nonjudicial adjustment under
5044 Section [
5045 80-6-902.
5046 (4) Except for an offense that is transferred to a district court by the juvenile court in
5047 accordance with Section [
5048 combination of sentences that would have been available in juvenile court but for the delayed
5049 reporting or delayed filing of the information in the district court.
5050 (5) An offense under this section is not subject to registration under Subsection
5051 77-41-102(17).
5052 Section 77. Section 76-5-413 is amended to read:
5053 76-5-413. Custodial sexual relations or misconduct with youth receiving state
5054 services -- Definitions -- Penalties -- Defenses.
5055 (1) As used in this section:
5056 (a) "Actor" means:
5057 (i) an individual employed by the Department of Human Services, as created in Section
5058 62A-1-102, or an employee of a private provider or contractor; or
5059 (ii) an individual employed by the juvenile court of the state, or an employee of a
5060 private provider or contractor.
5061 (b) "Department" means the Department of Human Services created in Section
5062 62A-1-102.
5063 (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
5064 (d) "Private provider or contractor" means any individual or entity that contracts with
5065 the:
5066 (i) department to provide services or functions that are part of the operation of the
5067 department; or
5068 (ii) juvenile court to provide services or functions that are part of the operation of the
5069 juvenile court.
5070 (e) "Youth receiving state services" means an individual:
5071 (i) younger than 18 years [
5072 who is:
5073 (A) in the custody of the department under [
5074 80-6-703; or
5075 (B) receiving services from any division of the department if any portion of the costs of
5076 these services is covered by public money; or
5077 (ii) younger than 21 years [
5078 (A) who is in the custody of the Division of Juvenile Justice Services, or the Division
5079 of Child and Family Services; or
5080 (B) whose case is under the jurisdiction of the juvenile court.
5081 (2) (a) An actor commits custodial sexual relations with a youth receiving state services
5082 if the actor commits any of the acts under Subsection (3):
5083 (i) under circumstances not amounting to commission of, or an attempt to commit, an
5084 offense under Subsection (6); and
5085 (ii) (A) the actor knows that the individual is a youth receiving state services; or
5086 (B) a reasonable person in the actor's position should have known under the
5087 circumstances that the individual was a youth receiving state services.
5088 (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
5089 state services is younger than 18 years [
5090 degree felony.
5091 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
5092 greater penalty under another provision of state law than is provided under this Subsection (2),
5093 this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
5094 (3) Acts referred to in Subsection (2)(a) are:
5095 (a) having sexual intercourse with a youth receiving state services;
5096 (b) engaging in any sexual act with a youth receiving state services involving the
5097 genitals of one individual and the mouth or anus of another individual, regardless of the sex of
5098 either participant; or
5099 (c) causing the penetration, however slight, of the genital or anal opening of a youth
5100 receiving state services by any foreign object, substance, instrument, or device, including a part
5101 of the human body, with the intent to cause substantial emotional or bodily pain to any
5102 individual, regardless of the sex of any participant or with the intent to arouse or gratify the
5103 sexual desire of any individual, regardless of the sex of any participant.
5104 (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
5105 services if the actor commits any of the acts under Subsection (5):
5106 (i) under circumstances not amounting to commission of, or an attempt to commit, an
5107 offense under Subsection (6); and
5108 (ii) (A) the actor knows that the individual is a youth receiving state services; or
5109 (B) a reasonable person in the actor's position should have known under the
5110 circumstances that the individual was a youth receiving state services.
5111 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
5112 receiving state services is younger than 18 years [
5113 a third degree felony.
5114 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
5115 greater penalty under another provision of state law than is provided under this Subsection (4),
5116 this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
5117 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
5118 the intent to cause substantial emotional or bodily pain to any individual or with the intent to
5119 arouse or gratify the sexual desire of any individual, regardless of the sex of any participant:
5120 (a) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
5121 receiving state services;
5122 (b) touching the breast of a female youth receiving state services; or
5123 (c) otherwise taking indecent liberties with a youth receiving state services.
5124 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
5125 (a) Section 76-5-401, unlawful sexual activity with a minor;
5126 (b) Section 76-5-402, rape;
5127 (c) Section 76-5-402.1, rape of a child;
5128 (d) Section 76-5-402.2, object rape;
5129 (e) Section 76-5-402.3, object rape of a child;
5130 (f) Section 76-5-403, forcible sodomy;
5131 (g) Section 76-5-403.1, sodomy on a child;
5132 (h) Section 76-5-404, forcible sexual abuse;
5133 (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
5134 (j) Section 76-5-405, aggravated sexual assault.
5135 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
5136 with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
5137 a youth receiving state services under Subsection (4), or an attempt to commit either of these
5138 offenses, if the youth receiving state services is younger than 18 years [
5139 actor:
5140 (i) mistakenly believed the youth receiving state services to be 18 years [
5141 older at the time of the alleged offense; or
5142 (ii) was unaware of the true age of the youth receiving state services.
5143 (b) Consent of the youth receiving state services is not a defense to any violation or
5144 attempted violation of Subsection (2) or (4).
5145 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
5146 is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
5147 Section 78. Section 76-5b-201 is amended to read:
5148 76-5b-201. Sexual exploitation of a minor -- Offenses.
5149 (1) A person is guilty of sexual exploitation of a minor:
5150 (a) when the person:
5151 (i) knowingly produces, possesses, or possesses with intent to distribute child
5152 pornography; or
5153 (ii) intentionally distributes or views child pornography; or
5154 (b) if the person is a minor's parent or legal guardian and knowingly consents to or
5155 permits the minor to be sexually exploited as described in Subsection (1)(a).
5156 (2) (a) Except as provided in Subsection (2)(b), sexual exploitation of a minor is a
5157 second degree felony.
5158 (b) A violation of Subsection (1) for knowingly producing child pornography is a first
5159 degree felony if the person produces original child pornography depicting a first degree felony
5160 that involves:
5161 (i) the person or another person engaging in conduct with the minor that is a violation
5162 of:
5163 (A) Section 76-5-402.1, rape of a child;
5164 (B) Section 76-5-402.3, object rape of a child;
5165 (C) Section 76-5-403.1, sodomy on a child; or
5166 (D) Section 76-5-404.1, aggravated sexual abuse of a child; or
5167 (ii) the minor being physically abused, as defined in Section [
5168 (3) It is a separate offense under this section:
5169 (a) for each minor depicted in the child pornography; and
5170 (b) for each time the same minor is depicted in different child pornography.
5171 (4) (a) It is an affirmative defense to a charge of violating this section that no minor
5172 was actually depicted in the visual depiction or used in producing or advertising the visual
5173 depiction.
5174 (b) For a charge of violating this section for knowingly possessing or intentionally
5175 viewing child pornography, it is an affirmative defense that:
5176 (i) the defendant:
5177 (A) did not solicit the child pornography from the minor depicted in the child
5178 pornography;
5179 (B) is not more than two years older than the minor depicted in the child pornography;
5180 and
5181 (C) upon request of a law enforcement agent or the minor depicted in the child
5182 pornography, removes from an electronic device or destroys the child pornography and all
5183 copies of the child pornography in the defendant's possession; and
5184 (ii) the child pornography does not depict an offense under Title 76, Chapter 5, Part 4,
5185 Sexual Offenses.
5186 (5) In proving a violation of this section in relation to an identifiable minor, proof of
5187 the actual identity of the identifiable minor is not required.
5188 (6) This section may not be construed to impose criminal or civil liability on:
5189 (a) an entity or an employee, director, officer, or agent of an entity when acting within
5190 the scope of employment, for the good faith performance of:
5191 (i) reporting or data preservation duties required under federal or state law; or
5192 (ii) implementing a policy of attempting to prevent the presence of child pornography
5193 on tangible or intangible property, or of detecting and reporting the presence of child
5194 pornography on the property;
5195 (b) a law enforcement officer acting within the scope of a criminal investigation;
5196 (c) an employee of a court who may be required to view child pornography during the
5197 course of and within the scope of the employee's employment;
5198 (d) a juror who may be required to view child pornography during the course of the
5199 individual's service as a juror;
5200 (e) an attorney or employee of an attorney who is required to view child pornography
5201 during the course of a judicial process and while acting within the scope of employment;
5202 (f) an employee of the Department of Human Services who is required to view child
5203 pornography within the scope of the employee's employment; or
5204 (g) an attorney who is required to view child pornography within the scope of the
5205 attorney's responsibility to represent the Department of Human Services, including the
5206 divisions and offices within the Department of Human Services.
5207 Section 79. Section 76-7-301 is amended to read:
5208 76-7-301. Definitions.
5209 As used in this part:
5210 (1) (a) "Abortion" means:
5211 (i) the intentional termination or attempted termination of human pregnancy after
5212 implantation of a fertilized ovum through a medical procedure carried out by a physician or
5213 through a substance used under the direction of a physician;
5214 (ii) the intentional killing or attempted killing of a live unborn child through a medical
5215 procedure carried out by a physician or through a substance used under the direction of a
5216 physician; or
5217 (iii) the intentional causing or attempted causing of a miscarriage through a medical
5218 procedure carried out by a physician or through a substance used under the direction of a
5219 physician.
5220 (b) "Abortion" does not include:
5221 (i) removal of a dead unborn child;
5222 (ii) removal of an ectopic pregnancy; or
5223 (iii) the killing or attempted killing of an unborn child without the consent of the
5224 pregnant woman, unless:
5225 (A) the killing or attempted killing is done through a medical procedure carried out by
5226 a physician or through a substance used under the direction of a physician; and
5227 (B) the physician is unable to obtain the consent due to a medical emergency.
5228 (2) "Abortion clinic" means the same as that term is defined in Section 26-21-2.
5229 (3) "Abuse" means the same as that term is defined in Section [
5230 (4) "Department" means the Department of Health.
5231 (5) "Down syndrome" means a genetic condition associated with an extra chromosome
5232 21, in whole or in part, or an effective trisomy for chromosome 21.
5233 (6) "Gestational age" means the age of an unborn child as calculated from the first day
5234 of the last menstrual period of the pregnant woman.
5235 (7) "Hospital" means:
5236 (a) a general hospital licensed by the department according to Title 26, Chapter 21,
5237 Health Care Facility Licensing and Inspection Act; and
5238 (b) a clinic or other medical facility to the extent that such clinic or other medical
5239 facility is certified by the department as providing equipment and personnel sufficient in
5240 quantity and quality to provide the same degree of safety to the pregnant woman and the
5241 unborn child as would be provided for the particular medical procedures undertaken by a
5242 general hospital licensed by the department.
5243 (8) "Information module" means the pregnancy termination information module
5244 prepared by the department.
5245 (9) "Medical emergency" means that condition which, on the basis of the physician's
5246 good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
5247 immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
5248 risk of substantial and irreversible impairment of major bodily function.
5249 (10) "Minor" means an individual who is:
5250 (a) under 18 years [
5251 (b) unmarried; and
5252 (c) not emancipated.
5253 (11) (a) "Partial birth abortion" means an abortion in which the person performing the
5254 abortion:
5255 (i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
5256 head first presentation, the entire fetal head is outside the body of the mother, or, in the case of
5257 breech presentation, any part of the fetal trunk past the navel is outside the body of the mother,
5258 for the purpose of performing an overt act that the person knows will kill the partially delivered
5259 living fetus; and
5260 (ii) performs the overt act, other than completion of delivery, that kills the partially
5261 living fetus.
5262 (b) "Partial birth abortion" does not include the dilation and evacuation procedure
5263 involving dismemberment prior to removal, the suction curettage procedure, or the suction
5264 aspiration procedure for abortion.
5265 (12) "Physician" means:
5266 (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter
5267 67, Utah Medical Practice Act;
5268 (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58,
5269 Chapter 68, Utah Osteopathic Medical Practice Act; or
5270 (c) a physician employed by the federal government who has qualifications similar to a
5271 person described in Subsection (12)(a) or (b).
5272 (13) (a) "Severe brain abnormality" means a malformation or defect that causes an
5273 individual to live in a mentally vegetative state.
5274 (b) "Severe brain abnormality" does not include:
5275 (i) Down syndrome;
5276 (ii) spina bifida;
5277 (iii) cerebral palsy; or
5278 (iv) any other malformation, defect, or condition that does not cause an individual to
5279 live in a mentally vegetative state.
5280 Section 80. Section 76-7a-101 (Contingently Effective) is amended to read:
5281 76-7a-101 (Contingently Effective). Definitions.
5282 As used in this chapter:
5283 (1) (a) "Abortion" means:
5284 (i) the intentional termination or attempted termination of human pregnancy after
5285 implantation of a fertilized ovum through a medical procedure carried out by a physician or
5286 through a substance used under the direction of a physician;
5287 (ii) the intentional killing or attempted killing of a live unborn child through a medical
5288 procedure carried out by a physician or through a substance used under the direction of a
5289 physician; or
5290 (iii) the intentional causing or attempted causing of a miscarriage through a medical
5291 procedure carried out by a physician or through a substance used under the direction of a
5292 physician.
5293 (b) "Abortion" does not include:
5294 (i) removal of a dead unborn child;
5295 (ii) removal of an ectopic pregnancy; or
5296 (iii) the killing or attempted killing of an unborn child without the consent of the
5297 pregnant woman, unless:
5298 (A) the killing or attempted killing is done through a medical procedure carried out by
5299 a physician or through a substance used under the direction of a physician; and
5300 (B) the physician is unable to obtain the consent due to a medical emergency.
5301 (2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
5302 abortion clinic licensed by the state.
5303 (3) "Department" means the Department of Health.
5304 (4) "Down syndrome" means a genetic condition associated with an extra chromosome
5305 21, in whole or in part, or an effective trisomy for chromosome 21.
5306 (5) "Hospital" means:
5307 (a) a general hospital licensed by the department; or
5308 (b) a clinic or other medical facility to the extent the clinic or other medical facility is
5309 certified by the department as providing equipment and personnel sufficient in quantity and
5310 quality to provide the same degree of safety to a pregnant woman and an unborn child as would
5311 be provided for the particular medical procedure undertaken by a general hospital licensed by
5312 the department.
5313 (6) "Incest" means the same as that term is defined in [
5314
5315 (7) "Medical emergency" means a condition which, on the basis of the physician's good
5316 faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
5317 immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
5318 risk of substantial and irreversible impairment of major bodily function.
5319 (8) "Physician" means:
5320 (a) a medical doctor licensed to practice medicine and surgery in the state;
5321 (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
5322 (c) a physician employed by the federal government who has qualifications similar to
5323 an individual described in Subsection (8)(a) or (b).
5324 (9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.
5325 (10) (a) "Severe brain abnormality" means a malformation or defect that causes an
5326 individual to live in a mentally vegetative state.
5327 (b) "Severe brain abnormality" does not include:
5328 (i) Down syndrome;
5329 (ii) spina bifida;
5330 (iii) cerebral palsy; or
5331 (iv) any other malformation, defect, or condition that does not cause an individual to
5332 live in a mentally vegetative state.
5333 Section 81. Section 76-8-306 is amended to read:
5334 76-8-306. Obstruction of justice in criminal investigations or proceedings --
5335 Elements -- Penalties -- Exceptions.
5336 (1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or
5337 prevent the investigation, apprehension, prosecution, conviction, or punishment of any person
5338 regarding conduct that constitutes a criminal offense:
5339 (a) provides any person with a weapon;
5340 (b) prevents by force, intimidation, or deception, any person from performing any act
5341 that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any
5342 person;
5343 (c) alters, destroys, conceals, or removes any item or other thing;
5344 (d) makes, presents, or uses any item or thing known by the actor to be false;
5345 (e) harbors or conceals a person;
5346 (f) provides a person with transportation, disguise, or other means of avoiding
5347 discovery or apprehension;
5348 (g) warns any person of impending discovery or apprehension;
5349 (h) warns any person of an order authorizing the interception of wire communications
5350 or of a pending application for an order authorizing the interception of wire communications;
5351 (i) conceals information that is not privileged and that concerns the offense, after a
5352 judge or magistrate has ordered the actor to provide the information; or
5353 (j) provides false information regarding a suspect, a witness, the conduct constituting
5354 an offense, or any other material aspect of the investigation.
5355 (2) (a) As used in this section, "conduct that constitutes a criminal offense" means
5356 conduct that would be punishable as a crime and is separate from a violation of this section,
5357 and includes:
5358 (i) any violation of a criminal statute or ordinance of this state, its political
5359 subdivisions, any other state, or any district, possession, or territory of the United States; and
5360 (ii) conduct committed by a juvenile which would be a crime if committed by an adult.
5361 (b) A violation of a criminal statute that is committed in another state, or any district,
5362 possession, or territory of the United States, is a:
5363 (i) capital felony if the penalty provided includes death or life imprisonment without
5364 parole;
5365 (ii) a first degree felony if the penalty provided includes life imprisonment with parole
5366 or a maximum term of imprisonment exceeding 15 years;
5367 (iii) a second degree felony if the penalty provided exceeds five years;
5368 (iv) a third degree felony if the penalty provided includes imprisonment for any period
5369 exceeding one year; and
5370 (v) a misdemeanor if the penalty provided includes imprisonment for any period of one
5371 year or less.
5372 (3) Obstruction of justice is:
5373 (a) a second degree felony if the conduct which constitutes an offense would be a
5374 capital felony or first degree felony;
5375 (b) a third degree felony if:
5376 (i) the conduct that constitutes an offense would be a second or third degree felony and
5377 the actor violates Subsection (1)(b), (c), (d), (e), or (f);
5378 (ii) the conduct that constitutes an offense would be any offense other than a capital or
5379 first degree felony and the actor violates Subsection (1)(a);
5380 (iii) the obstruction of justice is presented or committed before a court of law; or
5381 (iv) a violation of Subsection (1)(h); or
5382 (c) a class A misdemeanor for any violation of this section that is not enumerated under
5383 Subsection (3)(a) or (b).
5384 (4) It is not a defense that the actor was unaware of the level of penalty for the conduct
5385 constituting an offense.
5386 (5) Subsection (1)(e) does not apply to harboring [
5387
5388 by Section 76-8-311.5.
5389 (6) Subsection (1)(b) does not apply to:
5390 (a) tampering with a juror, which is governed by Section 76-8-508.5;
5391 (b) influencing, impeding, or retaliating against a judge or member of the Board of
5392 Pardons and Parole, which is governed by Section 76-8-316;
5393 (c) tampering with a witness or soliciting or receiving a bribe, which is governed by
5394 Section 76-8-508;
5395 (d) retaliation against a witness, victim, or informant, which is governed by Section
5396 76-8-508.3; or
5397 (e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
5398 76-8-509.
5399 (7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony
5400 if the actor harbors or conceals an offender who has escaped from official custody as defined in
5401 Section 76-8-309.
5402 Section 82. Section 76-9-701 is amended to read:
5403 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
5404 center.
5405 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
5406 controlled substance, or any substance having the property of releasing toxic vapors, to a
5407 degree that the person may endanger the person or another, in a public place or in a private
5408 place where the person unreasonably disturbs other persons.
5409 (2) (a) A peace officer or a magistrate may release from custody a person arrested
5410 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
5411 the protection of the person or another.
5412 (b) A peace officer may take the arrested person to a detoxification center or other
5413 special facility as an alternative to incarceration or release from custody.
5414 (3) (a) If a minor is found by a court to have violated this section and the violation is
5415 the minor's first violation of this section, the court may:
5416 (i) order the minor to complete a screening as defined in Section 41-6a-501;
5417 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
5418 screening indicates an assessment to be appropriate; and
5419 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
5420 or substance use disorder treatment as indicated by an assessment.
5421 (b) If a minor is found by a court to have violated this section and the violation is the
5422 minor's second or subsequent violation of this section, the court shall:
5423 (i) order the minor to complete a screening as defined in Section 41-6a-501;
5424 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
5425 screening indicates an assessment to be appropriate; and
5426 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
5427 or substance use disorder treatment as indicated by an assessment.
5428 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
5429 found by a court to have violated this section, the court hearing the case shall suspend the
5430 minor's driving privileges under Section 53-3-219.
5431 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
5432 suspension period required under Section 53-3-219 if:
5433 (i) the violation is the minor's first violation of this section; and
5434 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
5435 (B) the minor demonstrates substantial progress in substance use disorder treatment.
5436 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
5437 requirements of Section 53-3-219, the court may reduce the suspension period required under
5438 Section 53-3-219 if:
5439 (i) the violation is the minor's second or subsequent violation of this section;
5440 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
5441 demonstrated substantial progress in substance use disorder treatment; and
5442 (iii) (A) the person is 18 years [
5443 the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
5444 consecutive period during the suspension period imposed under Subsection (4)(a); or
5445 (B) the person is under 18 years [
5446 guardian provide an affidavit or sworn statement to the court certifying that to the parent or
5447 legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at
5448 least a one-year consecutive period during the suspension period imposed under Subsection
5449 (4)(a).
5450 (5) When a person who is younger than 18 years old is found by a court to have
5451 violated this section, the provisions regarding suspension of the driver's license under Section
5452 [
5453 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
5454 [
5455 educational series if the minor has an assessed need for the intervention based on the results of
5456 a validated assessment.
5457 (7) When the court issues an order suspending a person's driving privileges for a
5458 violation of this section, the person's driver license shall be suspended under Section 53-3-219.
5459 (8) An offense under this section is a class C misdemeanor.
5460 Section 83. Section 76-10-105 is amended to read:
5461 76-10-105. Buying or possessing a tobacco product or an electronic cigarette
5462 product by a minor -- Penalty -- Compliance officer authority -- Juvenile court
5463 jurisdiction.
5464 (1) An individual who is 18 years old or older, but younger than 21 years old, and who
5465 buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an
5466 electronic cigarette product, or a nicotine product is:
5467 (a) guilty of an infraction; and
5468 (b) subject to:
5469 (i) a minimum fine or penalty of $60; and
5470 (ii) participation in a court-approved tobacco education or cessation program, which
5471 may include a participation fee.
5472 (2) (a) An individual who is under 18 years old and who buys or attempts to buy,
5473 accepts, or has in the individual's possession a tobacco product, an electronic cigarette product,
5474 or a nicotine product is subject to a citation under Section [
5475 violation is committed on school property under Section 53G-8-211.
5476 (b) If a violation under this section is adjudicated under Section [
5477 the minor may be subject to the following:
5478 (i) a fine or penalty, in accordance with Section [
5479 (ii) participation in a court-approved tobacco education program, which may include a
5480 participation fee.
5481 (3) (a) A compliance officer appointed by a board of education under Section
5482 53G-4-402 may not issue a citation for a violation of this section committed on school
5483 property.
5484 (b) A cited violation committed on school property shall be addressed in accordance
5485 with Section 53G-8-211.
5486 Section 84. Section 76-10-503 is amended to read:
5487 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
5488 dangerous weapons by certain persons -- Exceptions.
5489 (1) For purposes of this section:
5490 (a) A Category I restricted person is a person who:
5491 (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
5492 (ii) is on probation or parole for any felony;
5493 (iii) is on parole from [
5494 as defined in Section 80-1-102;
5495 (iv) within the last 10 years has been adjudicated [
5496 for an offense which if committed by an adult would have been a violent felony as defined in
5497 Section 76-3-203.5;
5498 (v) is an alien who is illegally or unlawfully in the United States; or
5499 (vi) is on probation for a conviction of possessing:
5500 (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
5501 (B) a controlled substance analog; or
5502 (C) a substance listed in Section 58-37-4.2.
5503 (b) A Category II restricted person is a person who:
5504 (i) has been convicted of any felony;
5505 (ii) within the last seven years has been adjudicated delinquent for an offense which if
5506 committed by an adult would have been a felony;
5507 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
5508 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
5509 unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
5510 (v) has been found not guilty by reason of insanity for a felony offense;
5511 (vi) has been found mentally incompetent to stand trial for a felony offense;
5512 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
5513 Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
5514 to a mental institution;
5515 (viii) has been dishonorably discharged from the armed forces;
5516 (ix) has renounced the individual's citizenship after having been a citizen of the United
5517 States;
5518 (x) is a respondent or defendant subject to a protective order or child protective order
5519 that is issued after a hearing for which the respondent or defendant received actual notice and at
5520 which the respondent or defendant has an opportunity to participate, that restrains the
5521 respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
5522 would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
5523 partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
5524 partner, and that:
5525 (A) includes a finding that the respondent or defendant represents a credible threat to
5526 the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
5527 Sec. 921 or the child of the individual; or
5528 (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
5529 would reasonably be expected to cause bodily harm against an intimate partner or the child of
5530 an intimate partner; or
5531 (xi) has been convicted of the commission or attempted commission of assault under
5532 Section 76-5-102 or aggravated assault under Section 76-5-103 against a current or former
5533 spouse, parent, guardian, individual with whom the restricted person shares a child in common,
5534 individual who is cohabitating or has cohabitated with the restricted person as a spouse, parent,
5535 or guardian, or against an individual similarly situated to a spouse, parent, or guardian of the
5536 restricted person.
5537 (c) As used in this section, a conviction of a felony or adjudication of delinquency for
5538 an offense which would be a felony if committed by an adult does not include:
5539 (i) a conviction or an adjudication [
5540 offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other
5541 similar offenses relating to the regulation of business practices not involving theft or fraud; or
5542 (ii) a conviction or an adjudication [
5543 according to the law of the jurisdiction in which it occurred, has been expunged, set aside,
5544 reduced to a misdemeanor by court order, pardoned or regarding which the person's civil rights
5545 have been restored unless the pardon, reduction, expungement, or restoration of civil rights
5546 expressly provides that the person may not ship, transport, possess, or receive firearms.
5547 (d) It is the burden of the defendant in a criminal case to provide evidence that a
5548 conviction or [
5549 to an exception provided in Subsection (1)(c), after which it is the burden of the state to prove
5550 beyond a reasonable doubt that the conviction or the adjudication [
5551 subject to that exception.
5552 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
5553 offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
5554 control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
5555 the person's custody or control:
5556 (a) any firearm is guilty of a second degree felony; or
5557 (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
5558 (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
5559 possesses, uses, or has under the person's custody or control:
5560 (a) any firearm is guilty of a third degree felony; or
5561 (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
5562 (4) A person may be subject to the restrictions of both categories at the same time.
5563 (5) If a higher penalty than is prescribed in this section is provided in another section
5564 for one who purchases, transfers, possesses, uses, or has under this custody or control any
5565 dangerous weapon, the penalties of that section control.
5566 (6) It is an affirmative defense to a charge based on the definition in Subsection
5567 (1)(b)(iv) that the person was:
5568 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
5569 for use of a member of the person's household or for administration to an animal owned by the
5570 person or a member of the person's household; or
5571 (b) otherwise authorized by law to possess the substance.
5572 (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
5573 by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
5574 (i) was possessed by the person or was under the person's custody or control before the
5575 person became a restricted person;
5576 (ii) was not used in or possessed during the commission of a crime or subject to
5577 disposition under Section 24-3-103;
5578 (iii) is not being held as evidence by a court or law enforcement agency;
5579 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
5580 (v) unless a different time is ordered by the court, was transferred within 10 days of the
5581 person becoming a restricted person.
5582 (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
5583 of a firearm or other dangerous weapon by a restricted person.
5584 (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
5585 dangerous weapon to any person, knowing that the recipient is a person described in Subsection
5586 (1)(a) or (b).
5587 (b) A person who violates Subsection (8)(a) when the recipient is:
5588 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
5589 guilty of a second degree felony;
5590 (ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
5591 weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
5592 the weapon for any unlawful purpose, is guilty of a third degree felony;
5593 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
5594 guilty of a third degree felony; or
5595 (iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
5596 weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
5597 the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
5598 (9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
5599 other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
5600 circumstances which the person knows would be a violation of the law.
5601 (b) A person may not provide to a dealer or other person any information that the
5602 person knows to be materially false information with intent to deceive the dealer or other
5603 person about the legality of a sale, transfer or other disposition of a firearm or dangerous
5604 weapon.
5605 (c) "Materially false information" means information that portrays an illegal transaction
5606 as legal or a legal transaction as illegal.
5607 (d) A person who violates this Subsection (9) is guilty of:
5608 (i) a third degree felony if the transaction involved a firearm; or
5609 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
5610 firearm.
5611 Section 85. Section 76-10-1315 is amended to read:
5612 76-10-1315. Safe harbor for children as victims in commercial sex or sexual
5613 solicitation.
5614 (1) As used in this section:
5615 (a) "Child engaged in commercial sex" means a child who:
5616 (i) engages, offers, or agrees to engage in any sexual activity with another individual
5617 for a fee, or the functional equivalent of a fee;
5618 (ii) takes steps in arranging a meeting through any form of advertising, agreeing to
5619 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
5620 or the functional equivalent of a fee; or
5621 (iii) loiters in or within view of any public place for the purpose of being hired to
5622 engage in sexual activity.
5623 (b) "Child engaged in sexual solicitation" means a child who offers or agrees to
5624 commit or engage in any sexual activity with another person for a fee or the functional
5625 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
5626 (c) "Division" means the Division of Child and Family Services created in Section
5627 62A-4a-103.
5628 (d) [
5629 Section [
5630 (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
5631 enforcement officer shall:
5632 (a) conduct an investigation regarding possible human trafficking of the child pursuant
5633 to Sections 76-5-308 and 76-5-308.5;
5634 (b) refer the child to the division;
5635 (c) bring the child to a juvenile receiving center, if available; and
5636 (d) contact the child's parent or guardian, if practicable.
5637 (3) When law enforcement refers a child to the division under Subsection (2)(b) the
5638 division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
5639 Services.
5640 (4) A child may not be subjected to delinquency proceedings for prostitution under
5641 Section 76-10-1302, or sex solicitation under Section 76-10-1313.
5642 Section 86. Section 77-2-9 is amended to read:
5643 77-2-9. Offenses ineligible for diversion.
5644 (1) A magistrate may not grant a diversion for:
5645 (a) a capital felony;
5646 (b) a felony in the first degree;
5647 (c) any case involving a sexual offense against a victim who is under 14 years old;
5648 (d) any motor vehicle related offense involving alcohol or drugs;
5649 (e) any case involving using a motor vehicle in the commission of a felony;
5650 (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
5651 license;
5652 (g) any case involving operating a commercial motor vehicle in a negligent manner
5653 causing the death of another including the offenses of:
5654 (i) manslaughter under Section 76-5-205; or
5655 (ii) negligent homicide under Section 76-5-206; or
5656 (h) a crime of domestic violence as defined in Section 77-36-1.
5657 (2) When an individual is alleged to have committed any violation of Title 76, Chapter
5658 5, Part 4, Sexual Offenses, while under 16 years old, the court may enter a diversion in the
5659 matter if the court enters on the record the court's findings that:
5660 (a) the offenses could have been adjudicated in juvenile court but for the delayed
5661 reporting or delayed filing of the information in the district court, unless the offenses are before
5662 the court in accordance with Section [
5663 (b) the individual did not use coercion or force;
5664 (c) there is no more than three years' difference between the ages of the participants;
5665 and
5666 (d) it would be in the best interest of the person to grant diversion.
5667 Section 87. Section 77-16b-102 is amended to read:
5668 77-16b-102. Definitions.
5669 As used in this chapter:
5670 (1) "Correctional facility" means:
5671 (a) a county jail;
5672 (b) a secure correctional facility as defined by Section 64-13-1; or
5673 (c) a secure [
5674 Section 80-1-102.
5675 (2) "Correctional facility administrator" means:
5676 (a) a county sheriff in charge of a county jail;
5677 (b) a designee of the executive director of the Utah Department of Corrections; or
5678 (c) a designee of the director of the Division of Juvenile Justice Services.
5679 (3) "Medical supervision" means under the direction of a licensed physician, physician
5680 assistant, or nurse practitioner.
5681 (4) "Mental health therapist" [
5682 is defined in Section 58-60-102.
5683 (5) "Prisoner" means:
5684 (a) any [
5685 custody of a sheriff or the Utah Department of Corrections, and who is physically in a
5686 correctional facility; and
5687 (b) any [
5688 who is 18 years old or older and younger than 21 years old, and who has been committed to the
5689 custody of the Division of Juvenile Justice Services.
5690 Section 88. Section 77-37-3 is amended to read:
5691 77-37-3. Bill of rights.
5692 (1) The bill of rights for victims and witnesses is:
5693 (a) Victims and witnesses have a right to be informed as to the level of protection from
5694 intimidation and harm available to them, and from what sources, as they participate in criminal
5695 justice proceedings as designated by Section 76-8-508, regarding witness tampering, and
5696 Section 76-8-509, regarding threats against a victim. Law enforcement, prosecution, and
5697 corrections personnel have the duty to timely provide this information in a form which is useful
5698 to the victim.
5699 (b) Victims and witnesses, including children and their guardians, have a right to be
5700 informed and assisted as to their role in the criminal justice process. All criminal justice
5701 agencies have the duty to provide this information and assistance.
5702 (c) Victims and witnesses have a right to clear explanations regarding relevant legal
5703 proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
5704 All criminal justice agencies have the duty to provide these explanations.
5705 (d) Victims and witnesses should have a secure waiting area that does not require them
5706 to be in close proximity to defendants or the family and friends of defendants. Agencies
5707 controlling facilities shall, whenever possible, provide this area.
5708 (e) Victims may seek restitution or reparations, including medical costs, as provided in
5709 Title 63M, Chapter 7, Criminal Justice and Substance Abuse, and Sections [
5710 77-38a-302, [
5711 victims have the duty to have a functional knowledge of the procedures established by the
5712 Crime Victim Reparations Board and to inform victims of these procedures.
5713 (f) Victims and witnesses have a right to have any personal property returned as
5714 provided in Sections 77-24a-1 through 77-24a-5. Criminal justice agencies shall expeditiously
5715 return the property when it is no longer needed for court law enforcement or prosecution
5716 purposes.
5717 (g) Victims and witnesses have the right to reasonable employer intercession services,
5718 including pursuing employer cooperation in minimizing employees' loss of pay and other
5719 benefits resulting from their participation in the criminal justice process. Officers of the court
5720 shall provide these services and shall consider victims' and witnesses' schedules so that
5721 activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
5722 request that the responsible agency intercede with employers or other parties.
5723 (h) Victims and witnesses, particularly children, should have a speedy disposition of
5724 the entire criminal justice process. All involved public agencies shall establish policies and
5725 procedures to encourage speedy disposition of criminal cases.
5726 (i) Victims and witnesses have the right to timely notice of judicial proceedings they
5727 are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
5728 have the duty to provide these notifications. Defense counsel and others have the duty to
5729 provide timely notice to prosecution of any continuances or other changes that may be required.
5730 (j) Victims of sexual offenses have the following rights:
5731 (i) the right to request voluntary testing for themselves for HIV infection as provided in
5732 Section 76-5-503 and to request mandatory testing of the alleged sexual offender for HIV
5733 infection as provided in Section 76-5-502;
5734 (ii) the right to be informed whether a DNA profile was obtained from the testing of
5735 the rape kit evidence or from other crime scene evidence;
5736 (iii) the right to be informed whether a DNA profile developed from the rape kit
5737 evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
5738 System;
5739 (iv) the right to be informed whether there is a match between a DNA profile
5740 developed from the rape kit evidence or other crime scene evidence and a DNA profile
5741 contained in the Utah Combined DNA Index System, provided that disclosure would not
5742 impede or compromise an ongoing investigation; and
5743 (v) the right to designate a person of the victim's choosing to act as a recipient of the
5744 information provided under this Subsection (1)(j) and under Subsections (2) and (3).
5745 (k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
5746 communicate with the victim or the victim's designee regarding the status of DNA testing,
5747 absent a specific request received from the victim or the victim's designee.
5748 (2) The law enforcement agency investigating a sexual offense may:
5749 (a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
5750 request of a victim or the victim's designee and is the designated agency to provide that
5751 information to the victim or the victim's designee;
5752 (b) require that the victim's request be in writing; and
5753 (c) respond to the victim's request with verbal communication, written communication,
5754 or by email, if an email address is available.
5755 (3) The law enforcement agency investigating a sexual offense has the following
5756 authority and responsibilities:
5757 (a) If the law enforcement agency determines that DNA evidence will not be analyzed
5758 in a case where the identity of the perpetrator has not been confirmed, the law enforcement
5759 agency shall notify the victim or the victim's designee.
5760 (b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
5761 or other crime scene evidence from an unsolved sexual assault case, the law enforcement
5762 agency shall provide written notification of that intention and information on how to appeal the
5763 decision to the victim or the victim's designee of that intention.
5764 (ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
5765 prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
5766 (c) A law enforcement agency responsible for providing information under Subsections
5767 (1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
5768 victim or the victim's designee, shall advise the victim or the victim's designee of any
5769 significant changes in the information of which the law enforcement agency is aware.
5770 (d) The law enforcement agency investigating the sexual offense is responsible for
5771 informing the victim or the victim's designee of the rights established under Subsections
5772 (1)(j)(ii) through (iv) and (2), and this Subsection (3).
5773 (4) Informational rights of the victim under this chapter are based upon the victim
5774 providing the current name, address, telephone number, and email address, if an email address
5775 is available, of the person to whom the information should be provided to the criminal justice
5776 agencies involved in the case.
5777 Section 89. Section 77-38-5 is amended to read:
5778 77-38-5. Application to felonies and misdemeanors of the declaration of the rights
5779 of crime victims.
5780 The provisions of this chapter shall apply to:
5781 (1) any felony filed in the courts of the state;
5782 (2) to any class A and class B misdemeanor filed in the courts of the state; and
5783 (3) to cases in the juvenile court as provided in Section [
5784 Section 90. Section 77-38-14 is amended to read:
5785 77-38-14. Notice of expungement petition -- Victim's right to object.
5786 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
5787 prepare a document explaining the right of a victim or a victim's representative to object to a
5788 petition for expungement under Section 77-40-107 or [
5789 procedures for obtaining notice of the petition.
5790 (b) The department or division shall provide each trial court a copy of the document
5791 that has jurisdiction over delinquencies or criminal offenses subject to expungement.
5792 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
5793 accordance with a plea in abeyance agreement, or an adjudication subject to expungement shall
5794 provide a copy of the document to each person who would be entitled to notice of a petition for
5795 expungement under Sections 77-40-107 and [
5796 Section 91. Section 77-38a-102 is amended to read:
5797 77-38a-102. Definitions.
5798 As used in this chapter:
5799 (1) "Conviction" includes a:
5800 (a) judgment of guilt;
5801 (b) a plea of guilty; or
5802 (c) a plea of no contest.
5803 (2) "Criminal activities" means:
5804 (a) any misdemeanor or felony offense of which the defendant is convicted; or
5805 (b) any other criminal conduct for which the defendant admits responsibility to the
5806 sentencing court with or without an admission of committing the criminal conduct.
5807 (3) (a) "Defendant" means an individual who has been convicted of, or entered into a
5808 plea disposition for, a criminal activity.
5809 (b) "Defendant" does not include a minor, as defined in Section [
5810 who is adjudicated, or enters into a nonjudicial adjustment, for any offense under [
5811
5812 (4) "Department" means the Department of Corrections.
5813 (5) "Diversion" means suspending criminal proceedings prior to conviction on the
5814 condition that a defendant agree to participate in a rehabilitation program, make restitution to
5815 the victim, or fulfill some other condition.
5816 (6) "Party" means the prosecutor, defendant, or department involved in a prosecution.
5817 (7) "Pecuniary damages" means all demonstrable economic injury, whether or not yet
5818 incurred, including those which a person could recover in a civil action arising out of the facts
5819 or events constituting the defendant's criminal activities and includes the fair market value of
5820 property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
5821 including those and other travel expenses reasonably incurred as a result of participation in
5822 criminal proceedings, and medical and other expenses, but excludes punitive or exemplary
5823 damages and pain and suffering.
5824 (8) "Plea agreement" means an agreement entered between the prosecution and
5825 defendant setting forth the special terms and conditions and criminal charges upon which the
5826 defendant will enter a plea of guilty or no contest.
5827 (9) "Plea disposition" means an agreement entered into between the prosecution and
5828 defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement
5829 by which the defendant may enter a plea in any other jurisdiction or where charges are
5830 dismissed without a plea.
5831 (10) "Plea in abeyance" means an order by a court, upon motion of the prosecution and
5832 the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that
5833 time, entering judgment of conviction against him nor imposing sentence upon him on
5834 condition that he comply with specific conditions as set forth in a plea in abeyance agreement.
5835 (11) "Plea in abeyance agreement" means an agreement entered into between the
5836 prosecution and the defendant setting forth the specific terms and conditions upon which,
5837 following acceptance of the agreement by the court, a plea may be held in abeyance.
5838 (12) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
5839 victim, including prejudgment interest, the accrual of interest from the time of sentencing,
5840 insured damages, reimbursement for payment of a reward, and payment for expenses to a
5841 governmental entity for extradition or transportation and as may be further defined by law.
5842 (13) (a) "Reward" means a sum of money:
5843 (i) offered to the public for information leading to the arrest and conviction of an
5844 offender; and
5845 (ii) that has been paid to a person or persons who provide this information, except that
5846 the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
5847 (b) "Reward" does not include any amount paid in excess of the sum offered to the
5848 public.
5849 (14) "Screening" means the process used by a prosecuting attorney to terminate
5850 investigative action, proceed with prosecution, move to dismiss a prosecution that has been
5851 commenced, or cause a prosecution to be diverted.
5852 (15) (a) "Victim" means an individual or entity, including the Utah Office for Victims
5853 of Crime, that the court determines has suffered pecuniary damages as a result of the
5854 defendant's criminal activities.
5855 (b) "Victim" may not include a codefendant or accomplice.
5856 Section 92. Section 77-40-101.5 is amended to read:
5857 77-40-101.5. Applicability to juvenile court records.
5858 This chapter does not apply to an expungement of a record for an adjudication under
5859 Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section [
5860 80-1-102, of an offense in the juvenile court.
5861 Section 93. Section 77-41-112 is amended to read:
5862 77-41-112. Removal from registry -- Requirements -- Procedure.
5863 (1) An offender who is required to register with the Sex and Kidnap Offender Registry
5864 may petition the court for an order removing the offender from the Sex and Kidnap Offender
5865 Registry if:
5866 (a) (i) the offender is convicted of an offense described in Subsection (2);
5867 (ii) at least five years have passed after the day on which the offender's sentence for the
5868 offense terminates;
5869 (iii) the offense is the only offense for which the offender is required to register;
5870 (iv) the offender is not convicted of another offense, excluding a traffic offense, after
5871 the day on which the offender is convicted of the offense for which the offender is required to
5872 register, as evidenced by a certificate of eligibility issued by the bureau;
5873 (v) the offender successfully completes all treatment ordered by the court or the Board
5874 of Pardons and Parole relating to the offense;
5875 (vi) the offender pays all restitution ordered by the court or the Board of Pardons and
5876 Parole relating to the offense; and
5877 (vii) the offender complies with all registration requirements required under this
5878 chapter at all times; or
5879 (b) (i) if the offender is required to register in accordance with Subsection
5880 77-41-105(3)(a);
5881 (ii) at least 10 years have passed after the later of:
5882 (A) the day on which the offender is placed on probation;
5883 (B) the day on which the offender is released from incarceration to parole;
5884 (C) the day on which the offender's sentence is terminated without parole;
5885 (D) the day on which the offender enters a community-based residential program; or
5886 (E) for a minor, as defined in Section [
5887 division's custody of the offender is terminated;
5888 (iii) the offender is not convicted of another offense that is a class A misdemeanor,
5889 felony, or capital felony within the most recent 10-year period after the date described in
5890 Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the bureau;
5891 (iv) the offender successfully completes all treatment ordered by the court or the Board
5892 of Pardons and Parole relating to the offense;
5893 (v) the offender pays all restitution ordered by the court or the Board of Pardons and
5894 Parole relating to the offense; and
5895 (vi) the offender complies with all registration requirements required under this chapter
5896 at all times.
5897 (2) The offenses referred to in Subsection (1)(a)(i) are:
5898 (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
5899 (b) Section 76-5-301, kidnapping;
5900 (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
5901 76-5-304 is the only conviction for which the offender is required to register;
5902 (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
5903 offense, the offender is not more than 10 years older than the victim;
5904 (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
5905 offender is not more than 10 years older than the victim;
5906 (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
5907 time of the offense, the offender is not more than 15 years older than the victim; or
5908 (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
5909 (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
5910 under this section shall apply for a certificate of eligibility from the bureau.
5911 (ii) An offender who intentionally or knowingly provides false or misleading
5912 information to the bureau when applying for a certificate of eligibility is guilty of a class B
5913 misdemeanor and subject to prosecution under Section 76-8-504.6.
5914 (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
5915 of eligibility to an offender who provides false information on an application.
5916 (b) (i) The bureau shall perform a check of records of governmental agencies, including
5917 national criminal databases, to determine whether an offender is eligible to receive a certificate
5918 of eligibility.
5919 (ii) If the offender meets the requirements described in Subsection (1)(a) or (b), the
5920 bureau shall issue a certificate of eligibility to the offender, which is valid for a period of 90
5921 days after the day on which the bureau issues the certificate.
5922 (iii) The bureau shall request information from the department regarding whether the
5923 offender meets the requirements.
5924 (iv) Upon request from the bureau under Subsection (3)(b)(iii), the department shall
5925 issue a document that states whether the offender meets the requirements described in
5926 Subsection (1)(a) or (b), which may be used by the bureau to determine if a certificate of
5927 eligibility is appropriate.
5928 (v) The bureau shall provide a copy of the document provided to the bureau under
5929 Subsection (3)(b)(iv) to the offender upon issuance of a certificate of eligibility.
5930 (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
5931 eligibility in accordance with the process in Section 63J-1-504.
5932 (ii) The application fee shall be paid at the time the offender submits an application for
5933 a certificate of eligibility to the bureau.
5934 (iii) If the bureau determines that the issuance of a certificate of eligibility is
5935 appropriate, the offender will be charged an additional fee for the issuance of a certificate of
5936 eligibility.
5937 (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
5938 as a dedicated credit by the department to cover the costs incurred in determining eligibility.
5939 (5) (a) The offender shall file the petition, including original information, the court
5940 docket, the certificate of eligibility from the bureau, and the document from the department
5941 described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
5942 of the prosecutor.
5943 (b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry,
5944 the office of the prosecutor shall provide notice of the petition by first-class mail to the victim
5945 at the most recent address of record on file or, if the victim is still a minor under 18 years [
5946
5947 (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
5948 that the victim has a right to object to the removal of the offender from the registry, and provide
5949 instructions for registering an objection with the court.
5950 (d) The office of the prosecutor shall provide the following, if available, to the court
5951 within 30 days after the day on which the office receives the petition:
5952 (i) presentencing report;
5953 (ii) an evaluation done as part of sentencing; and
5954 (iii) any other information the office of the prosecutor feels the court should consider.
5955 (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
5956 [
5957 within 45 days after the day on which the petition is mailed to the victim.
5958 (6) (a) The court shall:
5959 (i) review the petition and all documents submitted with the petition; and
5960 (ii) hold a hearing if requested by the prosecutor or the victim.
5961 (b) The court may grant the petition and order removal of the offender from the registry
5962 if the court determines that the offender has met the requirements described in Subsection
5963 (1)(a) or (b) and removal is not contrary to the interests of the public.
5964 (c) If the court grants the petition, the court shall forward a copy of the order directing
5965 removal of the offender from the registry to the department and the office of the prosecutor.
5966 (d) If the court denies the petition, the offender may not submit another petition for
5967 three years.
5968 (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
5969 in the department of the court's decision within three days after the day on which the court
5970 issues the court's decision in the same manner described in Subsection (5).
5971 Section 94. Section 78A-2-104 is amended to read:
5972 78A-2-104. Judicial Council -- Creation -- Members -- Terms and election --
5973 Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee.
5974 (1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution,
5975 shall be composed of:
5976 (a) the chief justice of the Supreme Court;
5977 (b) one member elected by the justices of the Supreme Court;
5978 (c) one member elected by the judges of the Court of Appeals;
5979 (d) six members elected by the judges of the district courts;
5980 (e) three members elected by the judges of the juvenile courts;
5981 (f) three members elected by the justice court judges; and
5982 (g) a member or ex officio member of the Board of Commissioners of the Utah State
5983 Bar who is an active member of the Bar in good standing at the time of election by the Board of
5984 Commissioners.
5985 (2) The Judicial Council shall have a seal.
5986 (3) (a) The chief justice of the Supreme Court shall act as presiding officer of the
5987 council and chief administrative officer for the courts. The chief justice shall vote only in the
5988 case of a tie.
5989 (b) All members of the council shall serve for three-year terms.
5990 (i) If a council member should die, resign, retire, or otherwise fail to complete a term of
5991 office, the appropriate constituent group shall elect a member to complete the term of office.
5992 (ii) In courts having more than one member, the members shall be elected to staggered
5993 terms.
5994 (iii) The person elected by the Board of Commissioners may complete a three-year
5995 term of office on the Judicial Council even though the person ceases to be a member or ex
5996 officio member of the Board of Commissioners. The person shall be an active member of the
5997 Bar in good standing for the entire term of the Judicial Council.
5998 (c) Elections shall be held under rules made by the Judicial Council.
5999 (4) The council is responsible for the development of uniform administrative policy for
6000 the courts throughout the state. The presiding officer of the Judicial Council is responsible for
6001 the implementation of the policies developed by the council and for the general management of
6002 the courts, with the aid of the state court administrator. The council has authority and
6003 responsibility to:
6004 (a) establish and assure compliance with policies for the operation of the courts,
6005 including uniform rules and forms; and
6006 (b) publish and submit to the governor, the chief justice of the Supreme Court, and the
6007 Legislature an annual report of the operations of the courts, which shall include financial and
6008 statistical data and may include suggestions and recommendations for legislation.
6009 (5) The council shall establish standards for the operation of the courts of the state
6010 including, but not limited to, facilities, court security, support services, and staff levels for
6011 judicial and support personnel.
6012 (6) The council shall by rule establish the time and manner for destroying court
6013 records, including computer records, and shall establish retention periods for these records.
6014 (7) (a) Consistent with the requirements of judicial office and security policies, the
6015 council shall establish procedures to govern the assignment of state vehicles to public officers
6016 of the judicial branch.
6017 (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and
6018 may be assigned for unlimited use, within the state only.
6019 (8) (a) The council shall advise judicial officers and employees concerning ethical
6020 issues and shall establish procedures for issuing informal and formal advisory opinions on
6021 these issues.
6022 (b) Compliance with an informal opinion is evidence of good faith compliance with the
6023 Code of Judicial Conduct.
6024 (c) A formal opinion constitutes a binding interpretation of the Code of Judicial
6025 Conduct.
6026 (9) (a) The council shall establish written procedures authorizing the presiding officer
6027 of the council to appoint judges of courts of record by special or general assignment to serve
6028 temporarily in another level of court in a specific court or generally within that level. The
6029 appointment shall be for a specific period and shall be reported to the council.
6030 (b) These procedures shall be developed in accordance with Subsection 78A-2-107(10)
6031 regarding temporary appointment of judges.
6032 (10) The Judicial Council may by rule designate municipalities in addition to those
6033 designated by statute as a location of a trial court of record. There shall be at least one court
6034 clerk's office open during regular court hours in each county. Any trial court of record may hold
6035 court in any municipality designated as a location of a court of record.
6036 (11) The Judicial Council shall by rule determine whether the administration of a court
6037 shall be the obligation of the Administrative Office of the Courts or whether the Administrative
6038 Office of the Courts should contract with local government for court support services.
6039 (12) The Judicial Council may by rule direct that a district court location be
6040 administered from another court location within the county.
6041 (13) (a) The Judicial Council shall:
6042 (i) establish the Office of Guardian Ad Litem, in accordance with Title 78A, [
6043
6044 (ii) establish and supervise a Guardian Ad Litem Oversight Committee.
6045 (b) The Guardian Ad Litem Oversight Committee described in Subsection (13)(a)(ii)
6046 shall oversee the Office of Guardian Ad Litem, established under Subsection (13)(a)(i), and
6047 assure that the Office of Guardian Ad Litem complies with state and federal law, regulation,
6048 policy, and court rules.
6049 (14) The Judicial Council shall establish and maintain, in cooperation with the Office
6050 of Recovery Services within the Department of Human Services, the part of the state case
6051 registry that contains records of each support order established or modified in the state on or
6052 after October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec.
6053 654a.
6054 Section 95. Section 78A-2-301 is amended to read:
6055 78A-2-301. Civil fees of the courts of record -- Courts complex design.
6056 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
6057 court of record not governed by another subsection is $375.
6058 (b) The fee for filing a complaint or petition is:
6059 (i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
6060 interest, and attorney fees is $2,000 or less;
6061 (ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
6062 interest, and attorney fees is greater than $2,000 and less than $10,000;
6063 (iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
6064 (iv) $325 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
6065 4, Separate Maintenance;
6066 (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5;
6067 (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
6068 Registry under Section 77-41-112; and
6069 (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
6070 adoptive child of the petitioner.
6071 (c) The fee for filing a small claims affidavit is:
6072 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
6073 interest, and attorney fees is $2,000 or less;
6074 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
6075 interest, and attorney fees is greater than $2,000, but less than $7,500; and
6076 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
6077 interest, and attorney fees is $7,500 or more.
6078 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
6079 complaint, or other claim for relief against an existing or joined party other than the original
6080 complaint or petition is:
6081 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
6082 $2,000 or less;
6083 (ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
6084 greater than $2,000 and less than $10,000;
6085 (iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
6086 $10,000 or more, or the party seeks relief other than monetary damages; and
6087 (iv) $130 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
6088 Chapter 4, Separate Maintenance.
6089 (e) The fee for filing a small claims counter affidavit is:
6090 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
6091 $2,000 or less;
6092 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
6093 greater than $2,000, but less than $7,500; and
6094 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
6095 $7,500 or more.
6096 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
6097 action already before the court is determined under Subsection (1)(b) based on the amount
6098 deposited.
6099 (g) The fee for filing a petition is:
6100 (i) $240 for trial de novo of an adjudication of the justice court or of the small claims
6101 department; and
6102 (ii) $80 for an appeal of a municipal administrative determination in accordance with
6103 Section 10-3-703.7.
6104 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
6105 petition for writ of certiorari is $240.
6106 (i) The fee for filing a petition for expungement is $150.
6107 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
6108 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
6109 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
6110 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
6111 Act.
6112 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
6113 allocated by the state treasurer to be deposited in the restricted account, Children's Legal
6114 Defense Account, as provided in Section 51-9-408.
6115 (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
6116 and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
6117 in Section 78B-6-209.
6118 (iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
6119 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
6120 deposited in the restricted account, Court Security Account, as provided in Section 78A-2-602.
6121 (v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
6122 and (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account,
6123 Court Security Account, as provided in Section 78A-2-602.
6124 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
6125 United States is $35.
6126 (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
6127 50% of the fee for filing an original action seeking the same relief.
6128 (m) The fee for filing probate or child custody documents from another state is $35.
6129 (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
6130 State Tax Commission is $30.
6131 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
6132 or a judgment, order, or decree of an administrative agency, commission, board, council, or
6133 hearing officer of this state or of its political subdivisions other than the State Tax
6134 Commission, is $50.
6135 (o) The fee for filing a judgment by confession without action under Section
6136 78B-5-205 is $35.
6137 (p) The fee for filing an award of arbitration for confirmation, modification, or vacation
6138 under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an action before
6139 the court is $35.
6140 (q) The fee for filing a petition or counter-petition to modify a domestic relations order
6141 other than a protective order or stalking injunction is $100.
6142 (r) The fee for filing any accounting required by law is:
6143 (i) $15 for an estate valued at $50,000 or less;
6144 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
6145 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
6146 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
6147 (v) $175 for an estate valued at more than $168,000.
6148 (s) The fee for filing a demand for a civil jury is $250.
6149 (t) The fee for filing a notice of deposition in this state concerning an action pending in
6150 another state under Utah Rules of Civil Procedure, Rule 30 is $35.
6151 (u) The fee for filing documents that require judicial approval but are not part of an
6152 action before the court is $35.
6153 (v) The fee for a petition to open a sealed record is $35.
6154 (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
6155 addition to any fee for a complaint or petition.
6156 (x) (i) The fee for a petition for authorization for a minor to marry required by Section
6157 30-1-9 is $5.
6158 (ii) The fee for a petition for emancipation of a minor provided in [
6159
6160 (y) The fee for a certificate issued under Section 26-2-25 is $8.
6161 (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
6162 page.
6163 (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
6164 per page.
6165 (bb) The Judicial Council shall by rule establish a schedule of fees for copies of
6166 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
6167 Government Records Access and Management Act. Fees under this Subsection (1)(bb) shall be
6168 credited to the court as a reimbursement of expenditures.
6169 (cc) There is no fee for services or the filing of documents not listed in this section or
6170 otherwise provided by law.
6171 (dd) Except as provided in this section, all fees collected under this section are paid to
6172 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
6173 accepts the pleading for filing or performs the requested service.
6174 (ee) The filing fees under this section may not be charged to the state, its agencies, or
6175 political subdivisions filing or defending any action. In judgments awarded in favor of the state,
6176 its agencies, or political subdivisions, except the Office of Recovery Services, the court shall
6177 order the filing fees and collection costs to be paid by the judgment debtor. The sums collected
6178 under this Subsection (1)(ee) shall be applied to the fees after credit to the judgment, order,
6179 fine, tax, lien, or other penalty and costs permitted by law.
6180 (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
6181 transfer all revenues representing the difference between the fees in effect after May 2, 1994,
6182 and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
6183 Construction and Management Capital Projects Fund.
6184 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
6185 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
6186 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
6187 initiate the development of a courts complex in Salt Lake City.
6188 (B) If the Legislature approves funding for construction of a courts complex in Salt
6189 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
6190 Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
6191 (2)(a)(ii) to construct a courts complex in Salt Lake City.
6192 (C) After the courts complex is completed and all bills connected with its construction
6193 have been paid, the Division of Facilities Construction and Management shall use any money
6194 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
6195 District Court building.
6196 (iii) The Division of Facilities Construction and Management may enter into
6197 agreements and make expenditures related to this project before the receipt of revenues
6198 provided for under this Subsection (2)(a)(iii).
6199 (iv) The Division of Facilities Construction and Management shall:
6200 (A) make those expenditures from unexpended and unencumbered building funds
6201 already appropriated to the Capital Projects Fund; and
6202 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
6203 under this Subsection (2).
6204 (b) After June 30, 1998, the state court administrator shall ensure that all revenues
6205 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
6206 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
6207 account.
6208 (c) The Division of Finance shall deposit all revenues received from the state court
6209 administrator into the restricted account created by this section.
6210 (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
6211 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
6212 Vehicles, in a court of record to the Division of Facilities Construction and Management
6213 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
6214 calculated on the balance of the fine or bail forfeiture paid.
6215 (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
6216 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
6217 court of record to the Division of Finance for deposit in the restricted account created by this
6218 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
6219 balance of the fine or bail forfeiture paid.
6220 (3) (a) There is created within the General Fund a restricted account known as the State
6221 Courts Complex Account.
6222 (b) The Legislature may appropriate money from the restricted account to the state
6223 court administrator for the following purposes only:
6224 (i) to repay costs associated with the construction of the court complex that were
6225 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
6226 (ii) to cover operations and maintenance costs on the court complex.
6227 Section 96. Section 78A-2-601 is amended to read:
6228 78A-2-601. Security surcharge -- Application and exemptions -- Deposit in
6229 restricted account.
6230 (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
6231 of $53 shall be assessed in all courts of record on all criminal convictions and juvenile
6232 delinquency judgments.
6233 (2) The security surcharge may not be imposed upon:
6234 (a) nonmoving traffic violations;
6235 (b) community service; and
6236 (c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
6237 case under Section [
6238 (3) The security surcharge shall be collected after the surcharge under Section
6239 51-9-401, but before any fine, and deposited with the state treasurer. A fine that would
6240 otherwise have been charged may not be reduced due to the imposition of the security
6241 surcharge.
6242 (4) The state treasurer shall deposit the collected security surcharge in the restricted
6243 account, Court Security Account, as provided in Section 78A-2-602.
6244 Section 97. Section 78A-2-702 is amended to read:
6245 78A-2-702. Definitions.
6246 As used in this part:
6247 (1) "Attorney guardian ad litem" means an attorney employed by the office.
6248 (2) "Director" means the director of the office.
6249 (3) "Guardian ad litem" means [
6250 attorney guardian ad litem.
6251 (4) "Office" means the Office of Guardian ad Litem, created in Section [
6252 78A-2-802.
6253 (5) "Private attorney guardian ad litem" means an attorney designated by the office
6254 [
6255 Section 98. Section 78A-5-102 is amended to read:
6256 78A-5-102. Jurisdiction -- Appeals.
6257 (1) As used in this section:
6258 (a) "Qualifying offense" means an offense described in Subsection [
6259 80-6-502(1)(b).
6260 (b) "Separate offense" means any offense that is not a qualifying offense.
6261 (c) "Single criminal episode" means the same as that term is defined in Section
6262 76-1-401.
6263 (2) Except as otherwise provided by the Utah Constitution or by statute, the district
6264 court has original jurisdiction in all matters civil and criminal.
6265 (3) A district court judge may issue all extraordinary writs and other writs necessary to
6266 carry into effect the district court judge's orders, judgments, and decrees.
6267 (4) The district court has jurisdiction over matters of lawyer discipline consistent with
6268 the rules of the Supreme Court.
6269 (5) The district court has jurisdiction over all matters properly filed in the circuit court
6270 prior to July 1, 1996.
6271 (6) The district court has appellate jurisdiction over judgments and orders of the justice
6272 court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with
6273 Section 78A-8-106.
6274 (7) Jurisdiction over appeals from the final orders, judgments, and decrees of the
6275 district court is described in Sections 78A-3-102 and 78A-4-103.
6276 (8) The district court has jurisdiction to review:
6277 (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4, Administrative
6278 Procedures Act, and shall comply with the requirements of that chapter in its review of agency
6279 adjudicative proceedings; and
6280 (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
6281 (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
6282 over:
6283 (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
6284 ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
6285 (i) there is no justice court with territorial jurisdiction;
6286 (ii) the offense occurred within the boundaries of the municipality in which the district
6287 courthouse is located and that municipality has not formed, or has not formed and then
6288 dissolved, a justice court; or
6289 (iii) the offense is included in an indictment or information covering a single criminal
6290 episode alleging the commission of a felony or a class A misdemeanor by an individual who is
6291 18 years old or older ; or
6292 (b) a qualifying offense committed by an individual who is 16 or 17 years old.
6293 (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
6294 jurisdiction over any separate offense:
6295 (i) committed by an individual who is 16 or 17 years old; and
6296 (ii) arising from a single criminal episode containing a qualifying offense for which the
6297 district court has original jurisdiction under Subsection (9)(b).
6298 (b) If an individual who is charged with a qualifying offense enters a plea to, or is
6299 found guilty of, a separate offense other than the qualifying offense, the district court shall have
6300 jurisdiction over the separate offense.
6301 (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
6302 the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
6303 exclusive jurisdiction of the district court over any separate offense is terminated.
6304 (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
6305 (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
6306 even if the offense is committed by an individual who is 16 or 17 years old.
6307 (12) The district court has subject matter jurisdiction over an offense for which the
6308 juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
6309 offense to the district court in accordance with Section [
6310 (13) The district court has subject matter jurisdiction over an action under Title 78B,
6311 Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
6312 district court.
6313 Section 99. Section 78A-7-106 is amended to read:
6314 78A-7-106. Jurisdiction.
6315 (1) Except as otherwise provided by Subsection 78A-5-102(8), a justice court has
6316 original jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions
6317 committed within the justice court's territorial jurisdiction by an individual who is 18 years old
6318 or older.
6319 (2) Except for an offense for which the juvenile court or the district court has exclusive
6320 jurisdiction under Subsection 78A-5-102(10) or [
6321 court has original jurisdiction over the following offenses committed within the justice court's
6322 territorial jurisdiction by an individual who is 16 or 17 years old:
6323 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
6324 Licensing Act; and
6325 (b) class B and C misdemeanor and infraction violations of:
6326 (i) Title 23, Wildlife Resources Code of Utah;
6327 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
6328 (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
6329 Under the Influence and Reckless Driving ;
6330 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
6331 Operators Act;
6332 (v) Title 41, Chapter 22, Off-Highway Vehicles;
6333 (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
6334 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
6335 (viii) Title 73, Chapter 18b, Water Safety; and
6336 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
6337 Operators Act.
6338 (3) An offense is committed within the territorial jurisdiction of a justice court if:
6339 (a) conduct constituting an element of the offense or a result constituting an element of
6340 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
6341 itself unlawful;
6342 (b) either an individual committing an offense or a victim of an offense is located
6343 within the court's jurisdiction at the time the offense is committed;
6344 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
6345 within the court's jurisdiction;
6346 (d) an individual commits any act constituting an element of an inchoate offense within
6347 the court's jurisdiction, including an agreement in a conspiracy;
6348 (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
6349 individual in the planning or commission of an offense within the court's jurisdiction;
6350 (f) the investigation of the offense does not readily indicate in which court's jurisdiction
6351 the offense occurred, and:
6352 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
6353 passing within the court's jurisdiction;
6354 (ii) (A) the offense is committed on or in any body of water bordering on or within this
6355 state if the territorial limits of the justice court are adjacent to the body of water; and
6356 (B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river, lake,
6357 or reservoir, whether natural or man-made;
6358 (iii) an individual who commits theft exercises control over the affected property
6359 within the court's jurisdiction; or
6360 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
6361 (g) the offense consists of an unlawful communication that was initiated or received
6362 within the court's jurisdiction; or
6363 (h) jurisdiction is otherwise specifically provided by law.
6364 (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
6365 transfer the case to the juvenile court for further proceedings if the justice court judge
6366 determines and the juvenile court concurs that the best interests of the defendant would be
6367 served by the continuing jurisdiction of the juvenile court.
6368 (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
6369 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
6370 jurisdiction of the justice court.
6371 Section 100. Section 78B-3-406 is amended to read:
6372 78B-3-406. Failure to obtain informed consent -- Proof required of patient --
6373 Defenses -- Consent to health care.
6374 (1) (a) When a person submits to health care rendered by a health care provider, it is
6375 presumed that actions taken by the health care provider are either expressly or impliedly
6376 authorized to be done.
6377 (b) For a patient to recover damages from a health care provider in an action based
6378 upon the provider's failure to obtain informed consent, the patient must prove the following:
6379 (i) that a provider-patient relationship existed between the patient and health care
6380 provider;
6381 (ii) the health care provider rendered health care to the patient;
6382 (iii) the patient suffered personal injuries arising out of the health care rendered;
6383 (iv) the health care rendered carried with it a substantial and significant risk of causing
6384 the patient serious harm;
6385 (v) the patient was not informed of the substantial and significant risk;
6386 (vi) a reasonable, prudent person in the patient's position would not have consented to
6387 the health care rendered after having been fully informed as to all facts relevant to the decision
6388 to give consent; and
6389 (vii) the unauthorized part of the health care rendered was the proximate cause of
6390 personal injuries suffered by the patient.
6391 (2) In determining what a reasonable, prudent person in the patient's position would do
6392 under the circumstances, the finder of fact shall use the viewpoint of the patient before health
6393 care was provided and before the occurrence of any personal injuries alleged to have arisen
6394 from said health care.
6395 (3) It shall be a defense to any malpractice action against a health care provider based
6396 upon alleged failure to obtain informed consent if:
6397 (a) the risk of the serious harm which the patient actually suffered was relatively minor;
6398 (b) the risk of serious harm to the patient from the health care provider was commonly
6399 known to the public;
6400 (c) the patient stated, prior to receiving the health care complained of, that he would
6401 accept the health care involved regardless of the risk; or that he did not want to be informed of
6402 the matters to which he would be entitled to be informed;
6403 (d) the health care provider, after considering all of the attendant facts and
6404 circumstances, used reasonable discretion as to the manner and extent to which risks were
6405 disclosed, if the health care provider reasonably believed that additional disclosures could be
6406 expected to have a substantial and adverse effect on the patient's condition; or
6407 (e) the patient or the patient's representative executed a written consent which sets forth
6408 the nature and purpose of the intended health care and which contains a declaration that the
6409 patient accepts the risk of substantial and serious harm, if any, in hopes of obtaining desired
6410 beneficial results of health care and which acknowledges that health care providers involved
6411 have explained the patient's condition and the proposed health care in a satisfactory manner and
6412 that all questions asked about the health care and its attendant risks have been answered in a
6413 manner satisfactory to the patient or the patient's representative.
6414 (4) The written consent shall be a defense to an action against a health care provider
6415 based upon failure to obtain informed consent unless the patient proves that the person giving
6416 the consent lacked capacity to consent or shows by clear and convincing evidence that the
6417 execution of the written consent was induced by the defendant's affirmative acts of fraudulent
6418 misrepresentation or fraudulent omission to state material facts.
6419 (5) This act may not be construed to prevent any person 18 years [
6420 from refusing to consent to health care for the patient's own person upon personal or religious
6421 grounds.
6422 (6) Except as provided in Section 76-7-304.5, the following persons are authorized and
6423 empowered to consent to any health care not prohibited by law:
6424 (a) any parent, whether an adult or a minor, for the parent's minor child;
6425 (b) any married person, for a spouse;
6426 (c) any person temporarily standing in loco parentis, whether formally serving or not,
6427 for the minor under that person's care and any guardian for the guardian's ward;
6428 (d) any person 18 years [
6429 reason of age, physical or mental condition, to provide such consent;
6430 (e) any patient 18 years [
6431 (f) any female regardless of age or marital status, when given in connection with her
6432 pregnancy or childbirth;
6433 (g) in the absence of a parent, any adult for the adult's minor brother or sister;
6434 (h) in the absence of a parent, any grandparent for the grandparent's minor grandchild;
6435 (i) an emancipated minor as provided in Section [
6436 (j) a minor who has contracted a lawful marriage; and
6437 (k) an unaccompanied homeless minor, as that term is defined in the McKinney-Vento
6438 Homeless Assistance Act of 1987, Pub. L. 100-77, as amended, who is 15 years [
6439 older.
6440 (7) A person who in good faith consents or authorizes health care treatment or
6441 procedures for another as provided by this act may not be subject to civil liability.
6442 (8) Notwithstanding any other provision of this section, if a health care provider fails to
6443 comply with the requirement in Section 58-1-509, the health care provider is presumed to have
6444 lacked informed consent with respect to the patient examination, as defined in Section
6445 58-1-509.
6446 Section 101. Section 78B-6-112 is amended to read:
6447 78B-6-112. District court jurisdiction over termination of parental rights
6448 proceedings.
6449 (1) A district court has jurisdiction to terminate parental rights in a child if the party
6450 that filed the petition is seeking to terminate parental rights in the child for the purpose of
6451 facilitating the adoption of the child.
6452 (2) A petition to terminate parental rights under this section may be:
6453 (a) joined with a proceeding on an adoption petition; or
6454 (b) filed as a separate proceeding before or after a petition to adopt the child is filed.
6455 (3) A court may enter a final order terminating parental rights before a final decree of
6456 adoption is entered.
6457 (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
6458 proceedings to terminate parental rights as described in Section 78A-6-103.
6459 (b) This section does not grant jurisdiction to a district court to terminate parental
6460 rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
6461 neglect, dependency, or termination of parental rights proceeding.
6462 (5) The district court may terminate an individual's parental rights in a child if:
6463 (a) the individual executes a voluntary consent to adoption, or relinquishment for
6464 adoption, of the child, in accordance with:
6465 (i) the requirements of this chapter; or
6466 (ii) the laws of another state or country, if the consent is valid and irrevocable;
6467 (b) the individual is an unmarried biological father who is not entitled to consent to
6468 adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
6469 (c) the individual:
6470 (i) received notice of the adoption proceeding relating to the child under Section
6471 78B-6-110; and
6472 (ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within 30 days
6473 after the day on which the individual was served with notice of the adoption proceeding;
6474 (d) the court finds, under Section 78B-15-607, that the individual is not a parent of the
6475 child; or
6476 (e) the individual's parental rights are terminated on grounds described in [
6477
6478 Restoration of Parental Rights, and termination is in the best interests of the child.
6479 (6) The court shall appoint an indigent defense service provider in accordance with
6480 Title 78B, Chapter 22, Indigent Defense Act, to represent an individual who faces any action
6481 initiated by a private party under [
6482
6483 rights are subject to termination under this section.
6484 (7) If a county incurs expenses in providing indigent defense services to an indigent
6485 individual facing any action initiated by a private party under [
6486
6487 Parental Rights, or termination of parental rights under this section, the county may apply for
6488 reimbursement from the Utah Indigent Defense Commission in accordance with Section
6489 78B-22-406.
6490 (8) A petition filed under this section is subject to the procedural requirements of this
6491 chapter.
6492 Section 102. Section 78B-6-117 is amended to read:
6493 78B-6-117. Who may adopt -- Adoption of minor.
6494 (1) A minor child may be adopted by an adult individual, in accordance with this
6495 section and this part.
6496 (2) A child may be adopted by:
6497 (a) adults who are legally married to each other in accordance with the laws of this
6498 state, including adoption by a stepparent; or
6499 (b) subject to Subsections (3) and (4), a single adult.
6500 (3) A child may not be adopted by an individual who is cohabiting in a relationship that
6501 is not a legally valid and binding marriage under the laws of this state unless the individual is a
6502 relative of the child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C.
6503 Sec. 1901 et seq.
6504 (4) To provide a child who is in the custody of the division with the most beneficial
6505 family structure, when a child in the custody of the division is placed for adoption, the division
6506 or child-placing agency shall place the child with a married couple, unless:
6507 (a) there are no qualified married couples who:
6508 (i) have applied to adopt a child;
6509 (ii) are willing to adopt the child; and
6510 (iii) are an appropriate placement for the child;
6511 (b) the child is placed with a relative of the child;
6512 (c) the child is placed with an individual who has already developed a substantial
6513 relationship with the child;
6514 (d) the child is placed with an individual who:
6515 (i) is selected by a parent or former parent of the child, if the parent or former parent
6516 consented to the adoption of the child; and
6517 (ii) the parent or former parent described in Subsection (4)(d)(i):
6518 (A) knew the individual with whom the child is placed before the parent consented to
6519 the adoption; or
6520 (B) became aware of the individual with whom the child is placed through a source
6521 other than the division or the child-placing agency that assists with the adoption of the child; or
6522 (e) it is in the best interests of the child to place the child with a single adult.
6523 (5) Except as provided in Subsection (6), an adult may not adopt a child if, before
6524 adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest
6525 to a felony or attempted felony involving conduct that constitutes any of the following:
6526 (a) child abuse, as described in Section 76-5-109;
6527 (b) child abuse homicide, as described in Section 76-5-208;
6528 (c) child kidnapping, as described in Section 76-5-301.1;
6529 (d) human trafficking of a child, as described in Section 76-5-308.5;
6530 (e) sexual abuse of a minor, as described in Section 76-5-401.1;
6531 (f) rape of a child, as described in Section 76-5-402.1;
6532 (g) object rape of a child, as described in Section 76-5-402.3;
6533 (h) sodomy on a child, as described in Section 76-5-403.1;
6534 (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in Section
6535 76-5-404.1;
6536 (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
6537 (k) an offense in another state that, if committed in this state, would constitute an
6538 offense described in this Subsection (5).
6539 (6) (a) For purpose of this Subsection (6), "disqualifying offense" means an offense
6540 listed in Subsection (5) that prevents a court from considering an individual for adoption of a
6541 child except as provided in this Subsection (6).
6542 (b) An individual described in Subsection (5) may only be considered for adoption of a
6543 child if the following criteria are met by clear and convincing evidence:
6544 (i) at least 10 years have elapsed from the day on which the individual is successfully
6545 released from prison, jail, parole, or probation related to a disqualifying offense;
6546 (ii) during the 10 years before the day on which the individual files a petition with the
6547 court seeking adoption, the individual has not been convicted, pleaded guilty, or pleaded no
6548 contest to an offense greater than an infraction or traffic violation that would likely impact the
6549 health, safety, or well-being of the child;
6550 (iii) the individual can provide evidence of successful treatment or rehabilitation
6551 directly related to the disqualifying offense;
6552 (iv) the court determines that the risk related to the disqualifying offense is unlikely to
6553 cause harm, as defined in Section [
6554 currently or at any time in the future when considering all of the following:
6555 (A) the child's age;
6556 (B) the child's gender;
6557 (C) the child's development;
6558 (D) the nature and seriousness of the disqualifying offense;
6559 (E) the preferences of a child 12 years [
6560 (F) any available assessments, including custody evaluations, home studies,
6561 pre-placement adoptive evaluations, parenting assessments, psychological or mental health
6562 assessments, and bonding assessments; and
6563 (G) any other relevant information;
6564 (v) the individual can provide evidence of all of the following:
6565 (A) the relationship with the child is of long duration;
6566 (B) that an emotional bond exists with the child; and
6567 (C) that adoption by the individual who has committed the disqualifying offense
6568 ensures the best interests of the child are met; and
6569 (vi) the adoption is by:
6570 (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or
6571 (B) subject to Subsection (6)(d), a relative of the child as defined in Section
6572 [
6573 adoption petition.
6574 (c) The individual with the disqualifying offense bears the burden of proof regarding
6575 why adoption with that individual is in the best interest of the child over another responsible
6576 relative or equally situated individual who does not have a disqualifying offense.
6577 (d) If there is an alternative responsible relative who does not have a disqualifying
6578 offense filing an adoption petition, the following applies:
6579 (i) preference for adoption shall be given to a relative who does not have a
6580 disqualifying offense; and
6581 (ii) before the court may grant adoption to the individual who has the disqualifying
6582 offense over another responsible, willing, and able relative:
6583 (A) an impartial custody evaluation shall be completed; and
6584 (B) a guardian ad litem shall be assigned.
6585 (7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a
6586 final decision on adoption has not been made and to a case filed on or after March 25, 2017.
6587 Section 103. Section 78B-6-121 is amended to read:
6588 78B-6-121. Consent of unmarried biological father.
6589 (1) Except as provided in Subsections (2)(a) and 78B-6-122(1), and subject to
6590 Subsections (5) and (6), with regard to a child who is placed with prospective adoptive parents
6591 more than six months after birth, consent of an unmarried biological father is not required
6592 unless the unmarried biological father:
6593 (a) (i) developed a substantial relationship with the child by:
6594 (A) visiting the child monthly, unless the unmarried biological father was physically or
6595 financially unable to visit the child on a monthly basis; or
6596 (B) engaging in regular communication with the child or with the person or authorized
6597 agency that has lawful custody of the child;
6598 (ii) took some measure of responsibility for the child and the child's future; and
6599 (iii) demonstrated a full commitment to the responsibilities of parenthood by financial
6600 support of the child of a fair and reasonable sum in accordance with the father's ability; or
6601 (b) (i) openly lived with the child:
6602 (A) (I) for a period of at least six months during the one-year period immediately
6603 preceding the day on which the child is placed with prospective adoptive parents; or
6604 (II) if the child is less than one year old, for a period of at least six months during the
6605 period of time beginning on the day on which the child is born and ending on the day on which
6606 the child is placed with prospective adoptive parents; and
6607 (B) immediately preceding placement of the child with prospective adoptive parents;
6608 and
6609 (ii) openly held himself out to be the father of the child during the six-month period
6610 described in Subsection (1)(b)(i)(A).
6611 (2) (a) If an unmarried biological father was prevented from complying with a
6612 requirement of Subsection (1) by the person or authorized agency having lawful custody of the
6613 child, the unmarried biological father is not required to comply with that requirement.
6614 (b) The subjective intent of an unmarried biological father, whether expressed or
6615 otherwise, that is unsupported by evidence that the requirements in Subsection (1) have been
6616 met, shall not preclude a determination that the father failed to meet the requirements of
6617 Subsection (1).
6618 (3) Except as provided in Subsections (6) and 78B-6-122(1), and subject to Subsection
6619 (5), with regard to a child who is six months [
6620 with prospective adoptive parents, consent of an unmarried biological father is not required
6621 unless, prior to the time the mother executes her consent for adoption or relinquishes the child
6622 for adoption, the unmarried biological father:
6623 (a) initiates proceedings in a district court of Utah to establish paternity under Title
6624 78B, Chapter 15, Utah Uniform Parentage Act;
6625 (b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
6626 (i) stating that he is fully able and willing to have full custody of the child;
6627 (ii) setting forth his plans for care of the child; and
6628 (iii) agreeing to a court order of child support and the payment of expenses incurred in
6629 connection with the mother's pregnancy and the child's birth;
6630 (c) consistent with Subsection (4), files notice of the commencement of paternity
6631 proceedings, described in Subsection (3)(a), with the state registrar of vital statistics within the
6632 Department of Health, in a confidential registry established by the department for that purpose;
6633 and
6634 (d) offered to pay and paid, during the pregnancy and after the child's birth, a fair and
6635 reasonable amount of the expenses incurred in connection with the mother's pregnancy and the
6636 child's birth, in accordance with his financial ability, unless:
6637 (i) he did not have actual knowledge of the pregnancy;
6638 (ii) he was prevented from paying the expenses by the person or authorized agency
6639 having lawful custody of the child; or
6640 (iii) the mother refused to accept the unmarried biological father's offer to pay the
6641 expenses described in this Subsection (3)(d).
6642 (4) (a) The notice described in Subsection (3)(c) is considered filed when received by
6643 the state registrar of vital statistics.
6644 (b) If the unmarried biological father fully complies with the requirements of
6645 Subsection (3), and an adoption of the child is not completed, the unmarried biological father
6646 shall, without any order of the court, be legally obligated for a reasonable amount of child
6647 support, pregnancy expenses, and child birth expenses, in accordance with his financial ability.
6648 (5) Unless his ability to assert the right to consent has been lost for failure to comply
6649 with Section 78B-6-110.1, or lost under another provision of Utah law, an unmarried biological
6650 father shall have at least one business day after the child's birth to fully and strictly comply with
6651 the requirements of Subsection (3).
6652 (6) Consent of an unmarried biological father is not required under this section if:
6653 (a) the court determines, in accordance with the requirements and procedures of [
6654
6655 and Restoration of Parental Rights, that the unmarried biological father's rights should be
6656 terminated, based on the petition of any interested party;
6657 (b) (i) a declaration of paternity declaring the unmarried biological father to be the
6658 father of the child is rescinded under Section 78B-15-306; and
6659 (ii) the unmarried biological father fails to comply with Subsection (3) within 10
6660 business days after the day that notice of the rescission described in Subsection (6)(b)(i) is
6661 mailed by the Office of Vital Records within the Department of Health as provided in Section
6662 78B-15-306; or
6663 (c) the unmarried biological father is notified under Section 78B-6-110.1 and fails to
6664 preserve his rights in accordance with the requirements of that section.
6665 (7) Unless the adoptee is conceived or born within a marriage, the petitioner in an
6666 adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a
6667 certificate from the state registrar of vital statistics within the Department of Health, stating:
6668 (a) that a diligent search has been made of the registry of notices from unmarried
6669 biological fathers described in Subsection (3)(d); and
6670 (b) (i) that no filing has been found pertaining to the father of the child in question; or
6671 (ii) if a filing is found, the name of the putative father and the time and date of filing.
6672 Section 104. Section 78B-6-131 is amended to read:
6673 78B-6-131. Child in custody of state -- Placement.
6674 (1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as provided in
6675 Subsection (2), a child who is in the legal custody of the state may not be placed with a
6676 prospective foster parent or a prospective adoptive parent, unless, before the child is placed
6677 with the prospective foster parent or the prospective adoptive parent:
6678 (a) a fingerprint based FBI national criminal history records check is conducted on the
6679 prospective foster parent, prospective adoptive parent, and any other adult residing in the
6680 household;
6681 (b) the Department of Human Services conducts a check of the child abuse and neglect
6682 registry in each state where the prospective foster parent or prospective adoptive parent resided
6683 in the five years immediately preceding the day on which the prospective foster parent or
6684 prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
6685 whether the prospective foster parent or prospective adoptive parent is listed in the registry as
6686 having a substantiated or supported finding of child abuse or neglect;
6687 (c) the Department of Human Services conducts a check of the child abuse and neglect
6688 registry of each state where each adult living in the home of the prospective foster parent or
6689 prospective adoptive parent described in Subsection (1)(b) resided in the five years
6690 immediately preceding the day on which the prospective foster parent or prospective adoptive
6691 parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
6692 in the registry as having a substantiated or supported finding of child abuse or neglect; and
6693 (d) each person required to undergo a background check described in this section
6694 passes the background check, pursuant to the provisions of Section 62A-2-120.
6695 (2) The requirements under Subsection (1) do not apply to the extent that:
6696 (a) federal law or rule permits otherwise; or
6697 (b) the requirements would prohibit the division or a court from placing a child with:
6698 (i) a noncustodial parent, under Section 62A-4a-209, [
6699 80-3-302, or 80-3-303; or
6700 (ii) a relative, under Section 62A-4a-209, [
6701 80-3-303, pending completion of the background check described in Subsection (1).
6702 Section 105. Section 78B-6-133 is amended to read:
6703 78B-6-133. Contested adoptions -- Rights of parties -- Determination of custody.
6704 (1) If a person whose consent for an adoption is required pursuant to Subsection
6705 78B-6-120(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether
6706 proper grounds exist for the termination of that person's rights pursuant to the provisions of this
6707 chapter or [
6708 4, Termination and Restoration of Parental Rights.
6709 (2) (a) If there are proper grounds to terminate the person's parental rights, the court
6710 shall order that the person's rights be terminated.
6711 (b) If there are not proper grounds to terminate the person's parental rights, the court
6712 shall:
6713 (i) dismiss the adoption petition;
6714 (ii) conduct an evidentiary hearing to determine who should have custody of the child;
6715 and
6716 (iii) award custody of the child in accordance with the child's best interest.
6717 (c) Termination of a person's parental rights does not terminate the right of a relative of
6718 the parent to seek adoption of the child.
6719 (3) Evidence considered at the custody hearing may include:
6720 (a) evidence of psychological or emotional bonds that the child has formed with a third
6721 person, including the prospective adoptive parent; and
6722 (b) any detriment that a change in custody may cause the child.
6723 (4) If the court dismisses the adoption petition, the fact that a person relinquished a
6724 child for adoption or consented to the adoption may not be considered as evidence in a custody
6725 proceeding described in this section, or in any subsequent custody proceeding, that it is not in
6726 the child's best interest for custody to be awarded to such person or that:
6727 (a) the person is unfit or incompetent to be a parent;
6728 (b) the person has neglected or abandoned the child;
6729 (c) the person is not interested in having custody of the child; or
6730 (d) the person has forfeited the person's parental presumption.
6731 (5) Any custody order entered pursuant to this section may also:
6732 (a) include provisions for:
6733 (i) parent-time; or
6734 (ii) visitation by an interested third party; and
6735 (b) provide for the financial support of the child.
6736 (6) (a) If a person or entity whose consent is required for an adoption under Subsection
6737 78B-6-120(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing
6738 and award custody as set forth in Subsection (2).
6739 (b) The court may also finalize the adoption if doing so is in the best interest of the
6740 child.
6741 (7) (a) A person may not contest an adoption after the final decree of adoption is
6742 entered, if that person:
6743 (i) was a party to the adoption proceeding;
6744 (ii) was served with notice of the adoption proceeding; or
6745 (iii) executed a consent to the adoption or relinquishment for adoption.
6746 (b) No person may contest an adoption after one year from the day on which the final
6747 decree of adoption is entered.
6748 (c) The limitations on contesting an adoption action, described in this Subsection (7),
6749 apply to all attempts to contest an adoption:
6750 (i) regardless of whether the adoption is contested directly or collaterally; and
6751 (ii) regardless of the basis for contesting the adoption, including claims of fraud,
6752 duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of
6753 jurisdiction.
6754 (d) The limitations on contesting an adoption action, described in this Subsection (7),
6755 do not prohibit a timely appeal of:
6756 (i) a final decree of adoption; or
6757 (ii) a decision in an action challenging an adoption, if the action was brought within the
6758 time limitations described in Subsections (7)(a) and (b).
6759 (8) A court that has jurisdiction over a child for whom more than one petition for
6760 adoption is filed shall grant a hearing only under the following circumstances:
6761 (a) to a petitioner:
6762 (i) with whom the child is placed;
6763 (ii) who has custody or guardianship of the child;
6764 (iii) who has filed a written statement with the court within 120 days after the day on
6765 which the shelter hearing is held:
6766 (A) requesting immediate placement of the child with the petitioner; and
6767 (B) expressing the petitioner's intention of adopting the child;
6768 (iv) who is a relative with whom the child has a significant and substantial relationship
6769 and who was unaware, within the first 120 days after the day on which the shelter hearing is
6770 held, of the child's removal from the child's parent; or
6771 (v) who is a relative with whom the child has a significant and substantial relationship
6772 and, in a case where the child is not placed with a relative or is placed with a relative that is
6773 unable or unwilling to adopt the child:
6774 (A) was actively involved in the child's child welfare case with the division or the
6775 juvenile court while the child's parent engaged in reunification services; and
6776 (B) filed a written statement with the court that includes the information described in
6777 Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated
6778 reunification services; or
6779 (b) if the child:
6780 (i) has been in the current placement for less than 180 days before the day on which the
6781 petitioner files the petition for adoption; or
6782 (ii) is placed with, or is in the custody or guardianship of, an individual who previously
6783 informed the division or the court that the individual is unwilling or unable to adopt the child.
6784 (9) (a) If the court grants a hearing on more than one petition for adoption, there is a
6785 rebuttable presumption that it is in the best interest of a child to be placed for adoption with a
6786 petitioner:
6787 (i) who has fulfilled the requirements described in Title 78B, Chapter 6, Part 1, Utah
6788 Adoption Act; and
6789 (ii) (A) with whom the child has continuously resided for six months;
6790 (B) who has filed a written statement with the court within 120 days after the day on
6791 which the shelter hearing is held, as described in Subsection (8)(a)(iii); or
6792 (C) who is a relative described in Subsection (8)(a)(iv).
6793 (b) The court may consider other factors relevant to the best interest of the child to
6794 determine whether the presumption is rebutted.
6795 (c) The court shall weigh the best interest of the child uniformly between petitioners if
6796 more than one petitioner satisfies a rebuttable presumption condition described in Subsection
6797 (9)(a).
6798 (10) Nothing in this section shall be construed to prevent the division or the child's
6799 guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
6800 (11) The division shall use best efforts to provide a known relative with timely
6801 information relating to the relative's rights or duties under this section.
6802 Section 106. Section 78B-6-138 is amended to read:
6803 78B-6-138. Pre-existing parent's rights and duties dissolved.
6804 (1) A pre-existing parent of an adopted child is released from all parental rights and
6805 duties toward and all responsibilities for the adopted child, including residual parental rights
6806 and duties, as defined in Section [
6807 duties with regard to that adopted child at the earlier of:
6808 (a) the time the pre-existing parent's parental rights are terminated; or
6809 (b) except as provided in Subsection (2), and subject to Subsections (3) and (4), the
6810 time the final decree of adoption is entered.
6811 (2) The parental rights and duties of a pre-existing parent who, at the time the child is
6812 adopted, is lawfully married to the person adopting the child are not released under Subsection
6813 (1)(b).
6814 (3) The parental rights and duties of a pre-existing parent who, at the time the child is
6815 adopted, is not lawfully married to the person adopting the child are released under Subsection
6816 (1)(b).
6817 (4) (a) Notwithstanding the provisions of this section, the court may allow a
6818 prospective adoptive parent to adopt a child without releasing the pre-existing parent from
6819 parental rights and duties under Subsection (1)(b), if:
6820 (i) the pre-existing parent and the prospective adoptive parent were lawfully married at
6821 some time during the child's life;
6822 (ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the
6823 child, or is unable to consent because the pre-existing parent is deceased or incapacitated;
6824 (iii) notice of the adoption proceeding is provided in accordance with Section
6825 78B-6-110;
6826 (iv) consent to the adoption is provided in accordance with Section 78B-6-120; and
6827 (v) the court finds that it is in the best interest of the child to grant the adoption without
6828 releasing the pre-existing parent from parental rights and duties.
6829 (b) This Subsection (4) does not permit a child to have more than two natural parents,
6830 as that term is defined in Section [
6831 (5) This section may not be construed as terminating any child support obligation of a
6832 parent incurred before the adoption.
6833 Section 107. Section 78B-6-141 (Superseded 11/01/21) is amended to read:
6834 78B-6-141 (Superseded 11/01/21). Court hearings may be closed -- Petition and
6835 documents sealed -- Exceptions.
6836 (1) Notwithstanding Section [
6837 may be closed to the public upon request of a party to the adoption petition and upon court
6838 approval. In a closed hearing, only the following individuals may be admitted:
6839 (a) a party to the proceeding;
6840 (b) the adoptee;
6841 (c) a representative of an agency having custody of the adoptee;
6842 (d) in a hearing to relinquish parental rights, the individual whose rights are to be
6843 relinquished and invitees of that individual to provide emotional support;
6844 (e) in a hearing on the termination of parental rights, the individual whose rights may
6845 be terminated;
6846 (f) in a hearing on a petition to intervene, the proposed intervenor;
6847 (g) in a hearing to finalize an adoption, invitees of the petitioner; and
6848 (h) other individuals for good cause, upon order of the court.
6849 (2) An adoption document and any other documents filed in connection with a petition
6850 for adoption are sealed.
6851 (3) The documents described in Subsection (2) may only be open to inspection and
6852 copying:
6853 (a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
6854 (i) while the proceeding is pending; or
6855 (ii) within six months after the day on which the adoption decree is entered;
6856 (b) subject to Subsection (5)(b), if a court enters an order permitting access to the
6857 documents by an individual who has appealed the denial of that individual's motion to
6858 intervene;
6859 (c) upon order of the court expressly permitting inspection or copying, after good cause
6860 has been shown;
6861 (d) as provided under Section 78B-6-144;
6862 (e) when the adoption document becomes public on the one hundredth anniversary of
6863 the date the final decree of adoption was entered;
6864 (f) when the birth certificate becomes public on the one hundredth anniversary of the
6865 date of birth;
6866 (g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
6867 order, unless the final decree of adoption is entered by the juvenile court under Subsection
6868 78B-6-115(3)(b); or
6869 (h) to an adult adoptee, to the extent permitted under Subsection (4).
6870 (4) (a) For an adoption finalized on or after January 1, 2016, a birth parent may elect,
6871 on a written consent form provided by the office, to permit identifying information about the
6872 birth parent to be made available for inspection by an adult adoptee.
6873 (b) A birth parent may, at any time, file a written document with the office to:
6874 (i) change the election described in Subsection (4)(a); or
6875 (ii) elect to make other information about the birth parent, including an updated
6876 medical history, available for inspection by an adult adoptee.
6877 (c) A birth parent may not access any identifying information or an adoption document
6878 under this Subsection (4).
6879 (5) (a) An individual who files a motion to intervene in an adoption proceeding:
6880 (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
6881 and
6882 (ii) may not be granted access to the documents described in Subsection (2), unless the
6883 motion to intervene is granted.
6884 (b) An order described in Subsection (3)(b) shall:
6885 (i) prohibit the individual described in Subsection (3)(b) from inspecting a document
6886 described in Subsection (2) that contains identifying information of the adoptive or prospective
6887 adoptive parent; and
6888 (ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a
6889 document described in Subsection (5)(b)(i) after the identifying information described in
6890 Subsection (5)(b)(i) is redacted from the document.
6891 Section 108. Section 78B-6-141 (Effective 11/01/21) is amended to read:
6892 78B-6-141 (Effective 11/01/21). Court hearings may be closed -- Petition and
6893 documents sealed -- Exceptions.
6894 (1) (a) Notwithstanding Section [
6895 cases may be closed to the public upon request of a party to the adoption petition and upon
6896 court approval.
6897 (b) In a closed hearing, only the following individuals may be admitted:
6898 (i) a party to the proceeding;
6899 (ii) the adoptee;
6900 (iii) a representative of an agency having custody of the adoptee;
6901 (iv) in a hearing to relinquish parental rights, the individual whose rights are to be
6902 relinquished and invitees of that individual to provide emotional support;
6903 (v) in a hearing on the termination of parental rights, the individual whose rights may
6904 be terminated;
6905 (vi) in a hearing on a petition to intervene, the proposed intervenor;
6906 (vii) in a hearing to finalize an adoption, invitees of the petitioner; and
6907 (viii) other individuals for good cause, upon order of the court.
6908 (2) An adoption document and any other documents filed in connection with a petition
6909 for adoption are sealed.
6910 (3) The documents described in Subsection (2) may only be open to inspection and
6911 copying:
6912 (a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
6913 (i) while the proceeding is pending; or
6914 (ii) within six months after the day on which the adoption decree is entered;
6915 (b) subject to Subsection (5)(b), if a court enters an order permitting access to the
6916 documents by an individual who has appealed the denial of that individual's motion to
6917 intervene;
6918 (c) upon order of the court expressly permitting inspection or copying, after good cause
6919 has been shown;
6920 (d) as provided under Section 78B-6-144;
6921 (e) when the adoption document becomes public on the one hundredth anniversary of
6922 the date the final decree of adoption was entered;
6923 (f) when the birth certificate becomes public on the one hundredth anniversary of the
6924 date of birth;
6925 (g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
6926 order, unless the final decree of adoption is entered by the juvenile court under Subsection
6927 78B-6-115(3)(b); or
6928 (h) to an adult adoptee, to the extent permitted under Subsection (4).
6929 (4) (a) An adult adoptee that was born in the state may access an adoption document
6930 associated with the adult adoptee's adoption without a court order:
6931 (i) to the extent that a birth parent consents under Subsection (4)(b); or
6932 (ii) if the birth parents listed on the original birth certificate are deceased.
6933 (b) A birth parent may:
6934 (i) provide consent to allow the access described in Subsection (4)(a) by electing,
6935 electronically or on a written form provided by the office, allowing the birth parent to elect to:
6936 (A) allow the office to provide the adult adoptee with the contact information of the
6937 birth parent that the birth parent indicates;
6938 (B) allow the office to provide the adult adoptee with the contact information of an
6939 intermediary that the birth parent indicates;
6940 (C) prohibit the office from providing any contact information to the adult adoptee;
6941 (D) allow the office to provide the adult adoptee with a noncertified copy of the
6942 original birth certificate; and
6943 (ii) at any time, file, electronically or on a written document with the office, to:
6944 (A) change the election described in Subsection (4)(b); or
6945 (B) elect to make other information about the birth parent, including an updated
6946 medical history, available for inspection by an adult adoptee.
6947 (c) A birth parent may not access any identifying information or an adoption document
6948 under this Subsection (4).
6949 (d) If two birth parents are listed on the original birth certificate and only one birth
6950 parent consents under Subsection (4)(b) or is deceased, the office may redact the name of the
6951 other birth parent.
6952 (5) (a) An individual who files a motion to intervene in an adoption proceeding:
6953 (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
6954 and
6955 (ii) may not be granted access to the documents described in Subsection (2), unless the
6956 motion to intervene is granted.
6957 (b) An order described in Subsection (3)(b) shall:
6958 (i) prohibit the individual described in Subsection (3)(b) from inspecting a document
6959 described in Subsection (2) that contains identifying information of the adoptive or prospective
6960 adoptive parent; and
6961 (ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a
6962 document described in Subsection (5)(b)(i) after the identifying information described in
6963 Subsection (5)(b)(i) is redacted from the document.
6964 Section 109. Section 78B-6-203 is amended to read:
6965 78B-6-203. Purpose and findings.
6966 (1) The purpose of this part is to offer an alternative or supplement to the formal
6967 processes associated with a court trial and to promote the efficient and effective operation of
6968 the courts of this state by authorizing and encouraging the use of alternative methods of dispute
6969 resolution to secure the just, speedy, and inexpensive determination of civil actions filed in the
6970 courts of this state.
6971 (2) The Legislature finds that:
6972 (a) the use of alternative methods of dispute resolution authorized by this part will
6973 secure the purposes of Article I, Section 11, Utah Constitution, by providing supplemental or
6974 complementary means for the just, speedy, and inexpensive resolution of disputes;
6975 (b) preservation of the confidentiality of ADR procedures will significantly aid the
6976 successful resolution of civil actions in a just, speedy, and inexpensive manner;
6977 (c) ADR procedures will reduce the need for judicial resources and the time and
6978 expense of the parties;
6979 (d) mediation has, in pilot programs, resulted in the just and equitable settlement of
6980 petitions for the protection of children under Section [
6981 the terminations of parental rights under Section [
6982 (e) the purpose of this part will be promoted by authorizing the Judicial Council to
6983 establish rules to promote the use of ADR procedures by the courts of this state as an
6984 alternative or supplement to court trial.
6985 Section 110. Section 78B-6-207 is amended to read:
6986 78B-6-207. Minimum procedures for mediation.
6987 (1) A judge or court commissioner may refer to mediation any case for which the
6988 Judicial Council and Supreme Court have established a program or procedures. A party may
6989 file with the court an objection to the referral which may be granted for good cause.
6990 (2) (a) Unless all parties and the neutral or neutrals agree only parties, their
6991 representatives, and the neutral may attend the mediation sessions.
6992 (b) If the mediation session is [
6993 [
6994 organization shall notify all parties to the proceeding and any person designated by a party.
6995 The ADR provider may notify any person whose rights may be affected by the mediated
6996 agreement or who may be able to contribute to the agreement. A party may request notice be
6997 provided to a person who is not a party.
6998 (3) (a) Except as provided in Subsection (3)(b), any settlement agreement between the
6999 parties as a result of mediation may be executed in writing, filed with the clerk of the court, and
7000 enforceable as a judgment of the court. If the parties stipulate to dismiss the action, any
7001 agreement to dismiss shall not be filed with the court.
7002 (b) With regard to mediation affecting any petition filed under Section [
7003
7004 (i) all settlement agreements and stipulations of the parties shall be filed with the court;
7005 (ii) all timelines, requirements, and procedures described in [
7006
7007
7008 Termination and Restoration of Parental Rights, and in Title 62A, Chapter 4a, Child and
7009 Family Services, shall be complied with; and
7010 (iii) the parties to the mediation may not agree to a result that could not have been
7011 ordered by the court in accordance with the procedures and requirements of [
7012
7013
7014 Termination and Restoration of Parental Rights, and Title 62A, Chapter 4a, Child and Family
7015 Services.
7016 Section 111. Section 78B-7-102 is amended to read:
7017 78B-7-102. Definitions.
7018 As used in this chapter:
7019 (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
7020 knowingly causing or attempting to cause another individual physical harm or intentionally or
7021 knowingly placing another individual in reasonable fear of imminent physical harm.
7022 (2) "Affinity" means the same as that term is defined in Section 76-1-601.
7023 (3) "Civil protective order" means an order issued, subsequent to a hearing on the
7024 petition, of which the petitioner and respondent have been given notice, under:
7025 (a) Part 2, Child Protective Orders;
7026 (b) Part 4, Dating Violence Protective Orders;
7027 (c) Part 5, Sexual Violence Protective Orders; or
7028 (d) Part 6, Cohabitant Abuse Protective Orders.
7029 (4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
7030 Stalking Injunctions.
7031 (5) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
7032 individual who is 16 years [
7033 (i) is or was a spouse of the other party;
7034 (ii) is or was living as if a spouse of the other party;
7035 (iii) is related by blood or marriage to the other party as the individual's parent,
7036 grandparent, sibling, or any other individual related to the individual by consanguinity or
7037 affinity to the second degree;
7038 (iv) has or had one or more children in common with the other party;
7039 (v) is the biological parent of the other party's unborn child;
7040 (vi) resides or has resided in the same residence as the other party; or
7041 (vii) is or was in a consensual sexual relationship with the other party.
7042 (b) "Cohabitant" does not include:
7043 (i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
7044 (ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
7045 years [
7046 (6) "Consanguinity" means the same as that term is defined in Section 76-1-601.
7047 (7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
7048 Orders.
7049 (8) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
7050 Criminal Stalking Injunctions.
7051 (9) "Court clerk" means a district court clerk.
7052 (10) (a) "Dating partner" means an individual who:
7053 (i) (A) is an emancipated individual under Section 15-2-1 or [
7054
7055 (B) is 18 years [
7056 (ii) is, or has been, in a dating relationship with the other party.
7057 (b) "Dating partner" does not include an intimate partner.
7058 (11) (a) "Dating relationship" means a social relationship of a romantic or intimate
7059 nature, or a relationship which has romance or intimacy as a goal by one or both parties,
7060 regardless of whether the relationship involves sexual intimacy.
7061 (b) "Dating relationship" does not include casual fraternization in a business,
7062 educational, or social context.
7063 (c) In determining, based on a totality of the circumstances, whether a dating
7064 relationship exists:
7065 (i) all relevant factors shall be considered, including:
7066 (A) whether the parties developed interpersonal bonding above a mere casual
7067 fraternization;
7068 (B) the length of the parties' relationship;
7069 (C) the nature and the frequency of the parties' interactions, including communications
7070 indicating that the parties intended to begin a dating relationship;
7071 (D) the ongoing expectations of the parties, individual or jointly, with respect to the
7072 relationship;
7073 (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
7074 relationship to others; and
7075 (F) whether other reasons exist that support or detract from a finding that a dating
7076 relationship exists; and
7077 (ii) it is not necessary that all, or a particular number, of the factors described in
7078 Subsection (11)(c)(i) are found to support the existence of a dating relationship.
7079 (12) "Domestic violence" means the same as that term is defined in Section 77-36-1.
7080 (13) "Ex parte civil protective order" means an order issued without notice to the
7081 respondent under:
7082 (a) Part 2, Child Protective Orders;
7083 (b) Part 4, Dating Violence Protective Orders;
7084 (c) Part 5, Sexual Violence Protective Orders; or
7085 (d) Part 6, Cohabitant Abuse Protective Orders.
7086 (14) "Ex parte civil stalking injunction" means a stalking injunction issued without
7087 notice to the respondent under Part 7, Civil Stalking Injunctions.
7088 (15) "Foreign protection order" means the same as that term is defined in Section
7089 78B-7-302.
7090 (16) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
7091 (17) "Law enforcement unit" or "law enforcement agency" means any public agency
7092 having general police power and charged with making arrests in connection with enforcement
7093 of the criminal statutes and ordinances of this state or any political subdivision.
7094 (18) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
7095 Officer Classifications.
7096 (19) "Qualifying domestic violence offense" means the same as that term is defined in
7097 Section 77-36-1.1.
7098 (20) "Respondent" means the individual against whom enforcement of a protective
7099 order is sought.
7100 (21) "Stalking" means the same as that term is defined in Section 76-5-106.5.
7101 Section 112. Section 78B-7-108 is amended to read:
7102 78B-7-108. Mutual protective orders.
7103 (1) A court may not grant a mutual order or mutual orders for protection to opposing
7104 parties, unless each party:
7105 (a) files an independent petition against the other for a protective order, and both
7106 petitions are served;
7107 (b) makes a showing at a due process protective order hearing of abuse or domestic
7108 violence committed by the other party; and
7109 (c) demonstrates the abuse or domestic violence did not occur in self-defense.
7110 (2) If the court issues mutual protective orders, the court shall include specific findings
7111 of all elements of Subsection (1) in the court order justifying the entry of the court order.
7112 (3) A court may not grant an order for protection to a civil petitioner who is the
7113 respondent or defendant subject to a protective order, child protective order, or ex parte child
7114 protective order:
7115 (a) issued under:
7116 (i) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
7117 Enforcement of Domestic Violence Protection Orders Act;
7118 (ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
7119 (iii) [
7120 (iv) Chapter 7, Part 1, Cohabitant Abuse Act; and
7121 (b) unless the court determines that the requirements of Subsection (1) are met, and:
7122 (i) the same court issued the order for protection against the respondent; or
7123 (ii) if the matter is before a subsequent court, the subsequent court:
7124 (A) determines it would be impractical for the original court to consider the matter; or
7125 (B) confers with the court that issued the order for protection.
7126 Section 113. Section 78B-7-201 is amended to read:
7127 78B-7-201. Definitions.
7128 As used in this chapter:
7129 (1) "Abuse" means:
7130 (a) physical abuse;
7131 (b) sexual abuse;
7132 (c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or
7133 (d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.
7134 (2) "Child protective order" means an order issued under this part after a hearing on the
7135 petition, of which the petitioner and respondent have been given notice.
7136 (3) "Court" means the district court or juvenile court.
7137 (4) "Ex parte child protective order" means an order issued without notice to the
7138 respondent under this part.
7139 (5) "Protective order" means:
7140 (a) a child protective order; or
7141 (b) an ex parte child protective order.
7142 (6) All other terms have the same meaning as defined in Section [
7143 80-1-102.
7144 Section 114. Section 78B-7-202 is amended to read:
7145 78B-7-202. Abuse or danger of abuse -- Child protective orders -- Ex parte child
7146 protective orders -- Guardian ad litem -- Referral to division.
7147 (1) (a) Any interested person may file a petition for a protective order:
7148 (i) on behalf of a child who is being abused or is in imminent danger of being abused
7149 by any individual; or
7150 (ii) on behalf of a child who has been abused by an individual who is not the child's
7151 parent, stepparent, guardian, or custodian.
7152 (b) Before filing a petition under Subsection (1)(a), the interested person shall make a
7153 referral to the division.
7154 (2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:
7155 (a) review the records of the juvenile court, the district court, and the management
7156 information system of the division to find any petitions, orders, or investigations related to the
7157 child or the parties to the case;
7158 (b) request the records of any law enforcement agency identified by the petitioner as
7159 having investigated abuse of the child; and
7160 (c) identify and obtain any other background information that may be of assistance to
7161 the court.
7162 (3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i)
7163 that the child is being abused or is in imminent danger of being abused, or it appears from a
7164 petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused,
7165 the court may:
7166 (a) without notice, immediately issue an ex parte child protective order against the
7167 respondent if necessary to protect the child; or
7168 (b) upon notice to the respondent, issue a child protective order after a hearing in
7169 accordance with Subsection 78B-7-203(5).
7170 (4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and
7171 [
7172 (5) This section does not prohibit a protective order from being issued against a
7173 respondent who is a child.
7174 Section 115. Section 78B-7-203 is amended to read:
7175 78B-7-203. Hearings.
7176 (1) If an ex parte child protective order is granted, the court shall schedule a hearing to
7177 be held within 20 days after the day on which the court makes the ex parte determination. If an
7178 ex parte child protective order is denied, the court, upon the request of the petitioner made
7179 within five days after the day on which the court makes the ex parte determination, shall
7180 schedule a hearing to be held within 20 days after the day on which the petitioner makes the
7181 request.
7182 (2) The petition, ex parte child protective order, and notice of hearing shall be served
7183 on the respondent, the child's parent or guardian, and, if appointed, the guardian ad litem. The
7184 notice shall contain:
7185 (a) the name and address of the individual to whom the notice is directed;
7186 (b) the date, time, and place of the hearing;
7187 (c) the name of the child on whose behalf a petition is being brought; and
7188 (d) a statement that an individual is entitled to have an attorney present at the hearing.
7189 (3) The court shall provide an opportunity for any person having relevant knowledge to
7190 present evidence or information and may hear statements by counsel.
7191 (4) An agent of the division served with a subpoena in compliance with the Utah Rules
7192 of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
7193 (5) The court shall issue a child protective order if the court determines, based on a
7194 preponderance of the evidence, that:
7195 (a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i),
7196 the child is being abused or is in imminent danger of being abused; or
7197 (b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the
7198 child has been abused and the child protective order is necessary to protect the child.
7199 (6) With the exception of the provisions of Section [
7200 protective order is not an adjudication of abuse, neglect, or dependency under [
7201
7202 Neglect, and Dependency Proceedings.
7203 Section 116. Section 78B-7-204 is amended to read:
7204 78B-7-204. Content of orders -- Modification of orders -- Penalties.
7205 (1) A child protective order or an ex parte child protective order may contain the
7206 following provisions the violation of which is a class A misdemeanor under Section 76-5-108:
7207 (a) enjoin the respondent from threatening to commit or committing abuse of the child;
7208 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
7209 communicating with the child, directly or indirectly;
7210 (c) prohibit the respondent from entering or remaining upon the residence, school, or
7211 place of employment of the child and the premises of any of these or any specified place
7212 frequented by the child;
7213 (d) upon finding that the respondent's use or possession of a weapon may pose a
7214 serious threat of harm to the child, prohibit the respondent from purchasing, using, or
7215 possessing a firearm or other specified weapon; and
7216 (e) determine ownership and possession of personal property and direct the appropriate
7217 law enforcement officer to attend and supervise the petitioner's or respondent's removal of
7218 personal property.
7219 (2) A child protective order or an ex parte child protective order may contain the
7220 following provisions the violation of which is contempt of court:
7221 (a) determine temporary custody of the child who is the subject of the petition;
7222 (b) determine parent-time with the child who is the subject of the petition, including
7223 denial of parent-time if necessary to protect the safety of the child, and require supervision of
7224 parent-time by a third party;
7225 (c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
7226 Act; and
7227 (d) order any further relief the court considers necessary to provide for the safety and
7228 welfare of the child.
7229 (3) (a) If the child who is the subject of the child protective order attends the same
7230 school or place of worship as the respondent, or is employed at the same place of employment
7231 as the respondent, the court:
7232 (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
7233 the respondent's school, place of worship, or place of employment; and
7234 (ii) may enter an order governing the respondent's conduct at the respondent's school,
7235 place of worship, or place of employment.
7236 (b) A violation of an order under Subsection (3)(a) is contempt of court.
7237 (4) (a) A respondent may petition the court to modify or vacate a child protective order
7238 after notice and a hearing.
7239 (b) At the hearing described in Subsection (4)(a):
7240 (i) the respondent shall have the burden of proving by clear and convincing evidence
7241 that modification or vacation of the child protective order is in the best interest of the child; and
7242 (ii) the court shall consider:
7243 (A) the nature and duration of the abuse;
7244 (B) the pain and trauma inflicted on the child as a result of the abuse;
7245 (C) if the respondent is a parent of the child, any reunification services provided in
7246 accordance with [
7247 Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; and
7248 (D) any other evidence the court finds relevant to the determination of the child's best
7249 interests, including recommendations by the other parent or a guardian of the child, or a mental
7250 health professional.
7251 (c) The child is not required to attend the hearing described in Subsection (4)(a).
7252 Section 117. Section 78B-7-409 is amended to read:
7253 78B-7-409. Mutual dating violence protective orders.
7254 (1) A court may not grant a mutual order or mutual dating violence protective orders to
7255 opposing parties, unless each party:
7256 (a) files an independent petition against the other for a dating violence protective order,
7257 and both petitions are served;
7258 (b) makes a showing at a due process dating violence protective order hearing of abuse
7259 or dating violence committed by the other party; and
7260 (c) demonstrates the abuse or dating violence did not occur in self-defense.
7261 (2) If the court issues mutual dating violence protective orders, the court shall include
7262 specific findings of all elements of Subsection (1) in the court order justifying the entry of the
7263 court order.
7264 (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
7265 to a civil petitioner who is the respondent or defendant subject to:
7266 (i) a civil protective order that is issued under:
7267 (A) this part;
7268 (B) Part 2, Child Protective Orders;
7269 (C) Part 6, Cohabitant Abuse Protective Orders;
7270 (D) Part 8, Criminal Protective Orders; or
7271 (E) [
7272 (ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
7273 (iii) a foreign protection order enforceable under Part 3, Uniform Interstate
7274 Enforcement of Domestic Violence Protection Orders Act.
7275 (b) The court may issue a protective order to a civil petitioner described in Subsection
7276 (3)(a) if:
7277 (i) the court determines that the requirements of Subsection (1) are met; and
7278 (ii) (A) the same court issued the protective order against the respondent; or
7279 (B) the subsequent court determines it would be impractical for the original court to
7280 consider the matter or confers with the court that issued the protective order described in
7281 Subsection (3)(a)(i) or (ii).
7282 Section 118. Section 78B-7-603 is amended to read:
7283 78B-7-603. Cohabitant abuse protective orders -- Ex parte cohabitant abuse
7284 protective orders -- Modification of orders -- Service of process -- Duties of the court.
7285 (1) If it appears from a petition for a protective order or a petition to modify a
7286 protective order that domestic violence or abuse has occurred, that there is a substantial
7287 likelihood domestic violence or abuse will occur, or that a modification of a protective order is
7288 required, a court may:
7289 (a) without notice, immediately issue an ex parte cohabitant abuse protective order or
7290 modify a protective order ex parte as the court considers necessary to protect the petitioner and
7291 all parties named to be protected in the petition; or
7292 (b) upon notice, issue a protective order or modify an order after a hearing, regardless
7293 of whether the respondent appears.
7294 (2) A court may grant the following relief without notice in a protective order or a
7295 modification issued ex parte:
7296 (a) enjoin the respondent from threatening to commit domestic violence or abuse,
7297 committing domestic violence or abuse, or harassing the petitioner or any designated family or
7298 household member;
7299 (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
7300 with the petitioner or any designated family or household member, directly or indirectly, with
7301 the exception of any parent-time provisions in the ex parte order;
7302 (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
7303 distance of the petitioner;
7304 (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
7305 stay away from the following places and their premises:
7306 (i) the petitioner's residence or any designated family or household member's residence;
7307 (ii) the petitioner's school or any designated family or household member's school;
7308 (iii) the petitioner's or any designated family or household member's place of
7309 employment;
7310 (iv) the petitioner's place of worship or any designated family or household member's
7311 place of worship; or
7312 (v) any specified place frequented by the petitioner or any designated family or
7313 household member;
7314 (e) if the petitioner or designated family or household member attends the same school
7315 as the respondent, is employed at the same place of employment as the respondent, or attends
7316 the same place of worship, the court:
7317 (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
7318 from the respondent's school, place of employment, or place of worship; and
7319 (ii) may enter an order governing the respondent's conduct at the respondent's school,
7320 place of employment, or place of worship;
7321 (f) upon finding that the respondent's use or possession of a weapon may pose a serious
7322 threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
7323 firearm or other weapon specified by the court;
7324 (g) order possession and use of an automobile and other essential personal effects, and
7325 direct the appropriate law enforcement officer to accompany the petitioner to the residence of
7326 the parties to ensure that the petitioner is safely restored to possession of the residence,
7327 automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
7328 removal of personal belongings;
7329 (h) order the respondent to maintain an existing wireless telephone contract or account;
7330 (i) grant to the petitioner or someone other than the respondent temporary custody of a
7331 minor child of the parties;
7332 (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
7333 and [
7334 (k) order any further relief that the court considers necessary to provide for the safety
7335 and welfare of the petitioner and any designated family or household member; and
7336 (l) if the petition requests child support or spousal support, at the hearing on the
7337 petition order both parties to provide verification of current income, including year-to-date pay
7338 stubs or employer statements of year-to-date or other period of earnings, as specified by the
7339 court, and complete copies of tax returns from at least the most recent year.
7340 (3) A court may grant the following relief in a cohabitant abuse protective order or a
7341 modification of an order after notice and hearing, regardless of whether the respondent appears:
7342 (a) grant the relief described in Subsection (2); and
7343 (b) specify arrangements for parent-time of any minor child by the respondent and
7344 require supervision of that parent-time by a third party or deny parent-time if necessary to
7345 protect the safety of the petitioner or child.
7346 (4) In addition to the relief granted under Subsection (3), the court may order the
7347 transfer of a wireless telephone number in accordance with Section 78B-7-117.
7348 (5) Following the cohabitant abuse protective order hearing, the court shall:
7349 (a) as soon as possible, deliver the order to the county sheriff for service of process;
7350 (b) make reasonable efforts to ensure that the cohabitant abuse protective order is
7351 understood by the petitioner, and the respondent, if present;
7352 (c) transmit electronically, by the end of the next business day after the order is issued,
7353 a copy of the cohabitant abuse protective order to the local law enforcement agency or agencies
7354 designated by the petitioner;
7355 (d) transmit a copy of the order to the statewide domestic violence network described
7356 in Section 78B-7-113; and
7357 (e) if the individual is a respondent or defendant subject to a court order that meets the
7358 qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
7359 Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
7360 Identification that includes:
7361 (i) an agency record identifier;
7362 (ii) the individual's name, sex, race, and date of birth;
7363 (iii) the issue date, conditions, and expiration date for the protective order; and
7364 (iv) if available, the individual's social security number, government issued driver
7365 license or identification number, alien registration number, government passport number, state
7366 identification number, or FBI number.
7367 (6) Each protective order shall include two separate portions, one for provisions, the
7368 violation of which are criminal offenses, and one for provisions, the violation of which are civil
7369 violations, as follows:
7370 (a) criminal offenses are those under Subsections (2)(a) through (g), and under
7371 Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
7372 (b) civil offenses are those under Subsections (2)(h), (j), (k), and (l), and Subsection
7373 (3)(a) as it refers to Subsections (2)(h), (j), (k), and (l).
7374 (7) Child support and spouse support orders issued as part of a protective order are
7375 subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
7376 Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
7377 IV-D Cases, except when the protective order is issued ex parte.
7378 (8) (a) The county sheriff that receives the order from the court, under Subsection (6),
7379 shall provide expedited service for protective orders issued in accordance with this part, and
7380 shall transmit verification of service of process, when the order has been served, to the
7381 statewide domestic violence network described in Section 78B-7-113.
7382 (b) This section does not prohibit any law enforcement agency from providing service
7383 of process if that law enforcement agency:
7384 (i) has contact with the respondent and service by that law enforcement agency is
7385 possible; or
7386 (ii) determines that under the circumstances, providing service of process on the
7387 respondent is in the best interests of the petitioner.
7388 (9) (a) When an order is served on a respondent in a jail or other holding facility, the
7389 law enforcement agency managing the facility shall make a reasonable effort to provide notice
7390 to the petitioner at the time the respondent is released from incarceration.
7391 (b) Notification of the petitioner shall consist of a good faith reasonable effort to
7392 provide notification, including mailing a copy of the notification to the last-known address of
7393 the victim.
7394 (10) A court may modify or vacate a protective order or any provisions in the
7395 protective order after notice and hearing, except that the criminal provisions of a cohabitant
7396 abuse protective order may not be vacated within two years of issuance unless the petitioner:
7397 (a) is personally served with notice of the hearing, as provided in the Utah Rules of
7398 Civil Procedure, and the petitioner personally appears, in person or through court video
7399 conferencing, before the court and gives specific consent to the vacation of the criminal
7400 provisions of the cohabitant abuse protective order; or
7401 (b) submits a verified affidavit, stating agreement to the vacation of the criminal
7402 provisions of the cohabitant abuse protective order.
7403 (11) A protective order may be modified without a showing of substantial and material
7404 change in circumstances.
7405 (12) A civil provision of a cohabitant abuse protective order described in Subsection
7406 (6) may be modified in a divorce proceeding that is pending between the parties to the
7407 cohabitant abuse protective order action after 150 days after the day on which the cohabitant
7408 abuse protective order is issued if:
7409 (a) the parties stipulate in writing or on the record to dismiss a civil provision of the
7410 cohabitant abuse protective order; or
7411 (b) the court in the divorce proceeding finds good cause to modify the civil provision.
7412 Section 119. Section 78B-7-702 is amended to read:
7413 78B-7-702. Mutual civil stalking injunctions.
7414 (1) A court may not grant a mutual order or mutual civil stalking injunction to
7415 opposing parties, unless each party:
7416 (a) files an independent petition against the other for a civil stalking injunction, and
7417 both petitions are served;
7418 (b) makes a showing at an evidentiary hearing on the civil stalking injunction that
7419 stalking has occurred by the other party; and
7420 (c) demonstrates the alleged act did not occur in self-defense.
7421 (2) If the court issues mutual civil stalking injunctions, the court shall include specific
7422 findings of all elements of Subsection (1) in the court order justifying the entry of the court
7423 orders.
7424 (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
7425 to a civil petitioner who is the respondent or defendant subject to:
7426 (i) a civil stalking injunction;
7427 (ii) a civil protective order that is issued under:
7428 (A) this part;
7429 (B) Part 2, Child Protective Orders;
7430 (C) Part 6, Cohabitant Abuse Protective Orders;
7431 (D) Part 8, Criminal Protective Orders; or
7432 (E) [
7433 (iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
7434 (iv) a foreign protection order enforceable under Part 3, Uniform Interstate
7435 Enforcement of Domestic Violence Protection Orders Act.
7436 (b) The court may issue a protective order to a civil petitioner described in Subsection
7437 (3)(a) if:
7438 (i) the court determines that the requirements of Subsection (1) are met; and
7439 (ii) (A) the same court issued the protective order against the respondent; or
7440 (B) the subsequent court determines it would be impractical for the original court to
7441 consider the matter or confers with the court that issued the protective order described in
7442 Subsection (3)(a)(ii) or (iii).
7443 Section 120. Section 78B-11-121 is amended to read:
7444 78B-11-121. Change of award by arbitrator.
7445 (1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may
7446 modify or correct an award:
7447 (a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c);
7448 (b) if the arbitrator has not made a final and definite award upon a claim submitted by
7449 the parties to the arbitration proceeding; or
7450 (c) to clarify the award.
7451 (2) A motion under Subsection (1) must be made and notice given to all parties within
7452 20 days after the movant receives notice of the award.
7453 (3) A party to the arbitration proceeding must give notice of any objection to the
7454 motion within 10 days after receipt of the notice.
7455 (4) If a motion to the court is pending under Section 78B-11-123, 78B-11-124, or
7456 78B-11-125, the court may submit the claim to the arbitrator to consider whether to modify or
7457 correct the award:
7458 (a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c);
7459 (b) if the arbitrator has not made a final and definite award upon a claim submitted by
7460 the parties to the arbitration proceeding; or
7461 (c) to clarify the award.
7462 (5) An award modified or corrected pursuant to this section is subject to [
7463
7464 Section 121. Section 78B-12-219 is amended to read:
7465 78B-12-219. Adjustment when child becomes emancipated.
7466 (1) When a child becomes 18 years [
7467 the child's normal and expected year of graduation, whichever occurs later, or if the child dies,
7468 marries, becomes a member of the armed forces of the United States, or is emancipated in
7469 accordance with [
7470 Emancipation, the base child support award is automatically adjusted to the base combined
7471 child support obligation for the remaining number of children due child support, shown in the
7472 table that was used to establish the most recent order, using the incomes of the parties as
7473 specified in that order or the worksheets, unless otherwise provided in the child support order.
7474 (2) The award may not be reduced by a per child amount derived from the base child
7475 support award originally ordered.
7476 (3) If the incomes of the parties are not specified in the most recent order or the
7477 worksheets, the information regarding the incomes is not consistent, or the order deviates from
7478 the guidelines, automatic adjustment of the order does not apply and the order will continue
7479 until modified by the issuing tribunal. If the order is deviated and the parties subsequently
7480 obtain a judicial order that adjusts the support back to the date of the emancipation of the child,
7481 the Office of Recovery Services may not be required to repay any difference in the support
7482 collected during the interim.
7483 Section 122. Section 78B-15-612 is amended to read:
7484 78B-15-612. Minor as party -- Representation.
7485 (1) A minor is a permissible party, but is not a necessary party to a proceeding under
7486 this part.
7487 (2) The tribunal may appoint an attorney guardian ad litem under Sections 78A-2-703
7488 and [
7489 to represent a minor or incapacitated child if the child is a party.
7490 Section 123. Section 78B-22-102 is amended to read:
7491 78B-22-102. Definitions.
7492 As used in this chapter:
7493 (1) "Account" means the Indigent Defense Resources Restricted Account created in
7494 Section 78B-22-405.
7495 (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501.
7496 (3) "Commission" means the Utah Indigent Defense Commission created in Section
7497 78B-22-401.
7498 (4) "Director" means the director of the Office of Indigent Defense Services, created in
7499 Section 78B-22-451, who is appointed in accordance with Section 78B-22-453.
7500 (5) (a) "Indigent defense resources" means the resources necessary to provide an
7501 effective defense for an indigent individual, including the costs for a competent investigator,
7502 expert witness, scientific or medical testing, transcripts, and printing briefs.
7503 (b) "Indigent defense resources" does not include an indigent defense service provider.
7504 (6) "Indigent defense service provider" means an attorney or entity appointed to
7505 represent an indigent individual pursuant to:
7506 (a) a contract with an indigent defense system to provide indigent defense services; or
7507 (b) an order issued by the court under Subsection 78B-22-203(2)(a).
7508 (7) "Indigent defense services" means:
7509 (a) the representation of an indigent individual by an indigent defense service provider;
7510 and
7511 (b) the provision of indigent defense resources for an indigent individual.
7512 (8) "Indigent defense system" means:
7513 (a) a city or town that is responsible for providing indigent defense services;
7514 (b) a county that is responsible for providing indigent defense services in the district
7515 court, juvenile court, and the county's justice courts; or
7516 (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
7517 Act, that is responsible for providing indigent defense services according to the terms of an
7518 agreement between a county, city, or town.
7519 (9) "Indigent individual" means:
7520 (a) a minor who is:
7521 (i) arrested and admitted into detention for an offense under Section 78A-6-103;
7522 (ii) charged by petition or information in the juvenile or district court; or
7523 (iii) described in this Subsection (9)(a), who is appealing an adjudication or other final
7524 court action; and
7525 (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to
7526 Section 78B-22-202.
7527 (10) "Minor" means the same as that term is defined in Section [
7528 (11) "Office" means the Office of Indigent Defense Services created in Section
7529 78B-22-451.
7530 (12) "Participating county" means a county that complies with this chapter for
7531 participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
7532 78B-22-702 and 78B-22-703.
7533 Section 124. Section 78B-22-201 is amended to read:
7534 78B-22-201. Right to counsel.
7535 (1) A court shall advise the following of the individual's right to counsel when the
7536 individual first appears before the court:
7537 (a) an adult charged with a criminal offense the penalty for which includes the
7538 possibility of incarceration regardless of whether actually imposed;
7539 (b) a parent or legal guardian facing an action initiated by the state under:
7540 [
7541 [
7542 [
7543 (i) Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings;
7544 (ii) Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
7545 (iii) Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;
7546 (c) a parent or legal guardian facing an action initiated by any party under:
7547 [
7548 (i) Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
7549 (ii) Section 78B-6-112; or
7550 (d) an individual described in this Subsection (1), who is appealing a conviction or
7551 other final court action.
7552 (2) If an individual described in Subsection (1) does not knowingly and voluntarily
7553 waive the right to counsel, the court shall determine whether the individual is indigent under
7554 Section 78B-22-202.
7555 Section 125. Section 78B-22-406 is amended to read:
7556 78B-22-406. Indigent defense services grant program.
7557 (1) The commission may award grants:
7558 (a) to supplement local spending by an indigent defense system for indigent defense
7559 services; and
7560 (b) for contracts to provide indigent defense services for appeals from juvenile court
7561 proceedings in a county of the third, fourth, fifth, or sixth class.
7562 (2) The commission may use grant money:
7563 (a) to assist an indigent defense system to provide indigent defense services that meet
7564 the commission's core principles for the effective representation of indigent individuals;
7565 (b) to establish and maintain local indigent defense data collection systems;
7566 (c) to provide indigent defense services in addition to indigent defense services that are
7567 currently being provided by an indigent defense system;
7568 (d) to provide training and continuing legal education for indigent defense service
7569 providers;
7570 (e) to assist indigent defense systems with appeals from juvenile court proceedings;
7571 (f) to pay for indigent defense resources and costs and expenses for parental defense
7572 attorneys as described in Subsection 78B-22-804(2); and
7573 (g) to reimburse an indigent defense system for the cost of providing indigent defense
7574 services in an action initiated by a private party under [
7575
7576 Rights, if the indigent defense system has complied with the commission's policies and
7577 procedures for reimbursement.
7578 (3) To receive a grant from the commission, an indigent defense system shall
7579 demonstrate to the commission's satisfaction that:
7580 (a) the indigent defense system has incurred or reasonably anticipates incurring
7581 expenses for indigent defense services that are in addition to the indigent defense system's
7582 average annual spending on indigent defense services in the three fiscal years immediately
7583 preceding the grant application; and
7584 (b) a grant from the commission is necessary for the indigent defense system to meet
7585 the commission's core principles for the effective representation of indigent individuals.
7586 (4) The commission may revoke a grant if an indigent defense system fails to meet
7587 requirements of the grant or any of the commission's core principles for the effective
7588 representation of indigent individuals.
7589 Section 126. Section 78B-22-801 is amended to read:
7590 78B-22-801. Definitions.
7591 As used in this part:
7592 (1) "Child welfare case" means a proceeding under [
7593
7594 Title 80, Chapter 3, Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination
7595 and Restoration of Parental Rights.
7596 (2) "Contracted parental defense attorney" means an attorney who represents an
7597 indigent individual who is a parent in a child welfare case under a contract with the office or a
7598 contributing county.
7599 (3) "Contributing county" means a county that complies with this part for participation
7600 in the Child Welfare Parental Defense Fund described in Section 78B-22-804.
7601 (4) "Fund" means the Child Welfare Parental Defense Fund created in Section
7602 78B-22-804.
7603 (5) "Program" means the Child Welfare Parental Defense Program created in Section
7604 78B-22-802.
7605 Section 127. Section 78B-22-803 is amended to read:
7606 78B-22-803. Child welfare parental defense contracts.
7607 (1) (a) The office may enter into a contract with an attorney to provide indigent defense
7608 services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and
7609 requires indigent defense services under Section [
7610 (b) The office shall make payment for the representation, costs, and expenses of a
7611 contracted parental defense attorney from the Child Welfare Parental Defense Fund in
7612 accordance with Section 78B-22-804.
7613 (2) (a) Except as provided in Subsection (2)(b), a contracted parental defense attorney
7614 shall:
7615 (i) complete a basic training course provided by the office;
7616 (ii) provide parental defense services consistent with the commission's core principles
7617 described in Section 78B-22-404;
7618 (iii) have experience in child welfare cases; and
7619 (iv) participate each calendar year in continuing legal education courses providing no
7620 fewer than eight hours of instruction in child welfare law.
7621 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7622 commission may, by rule, exempt from the requirements of Subsection (2)(a) an attorney who
7623 has equivalent training or adequate experience.
7624 Section 128. Effective date.
7625 This bill takes effect on September 1, 2021.
7626 Section 129. Coordinating H.B. 286 with H.B. 260 -- Substantive change.
7627 If this H.B. 286 and H.B. 260, Criminal Justice Modifications, both pass and become
7628 law, the Legislature intends that, on September 1, 2021, the Office of Legislative Research and
7629 General Counsel, prepare the Utah Code database for publication amending Subsection
7630 77-37-3(1)(e) to read:
7631 "(e) Victims may seek restitution or reparations, including medical costs, as provided
7632 in Title 63M, Chapter 7, Criminal Justice and Substance Abuse, [
7633
7634 80-6-710. State and local government agencies that serve victims have the duty to have a
7635 functional knowledge of the procedures established by the Crime Victim Reparations Board
7636 and to inform victims of these procedures.".
7637 Section 130. Coordinating H.B. 286 with S.B. 90 -- Technical amendments.
7638 If this H.B. 286 and S.B. 90, Parental Defense Amendments, both pass and become law,
7639 the Legislature intends that, on September 1, 2021, the Office of Legislative Research and
7640 General Counsel shall prepare the Utah Code database for publication as follows:
7641 (1) Subsection 78B-22-102(4) is amended to read:
7642 "(4) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse,
7643 Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental
7644 Rights."; and
7645 (2) the amendments to Section 78B-22-801 in S.B. 90 supersede the amendments to
7646 Section 78B-22-801 in this bill.
7647 Ŝ→ [
7648 If this H.B. 286 and S.B. 99, Child Welfare Amendments, both pass and become law,
7649 the Legislature intends that, on September 1, 2021, the amendments to Subsection
7650 62A-4a-412(3)(b) in S.B. 99 supersede the amendments to Subsection 62A-4a-412(3)(b) in this
7651 bill when the Office of Legislative Research and General Counsel prepares the Utah Code☆
7652 ☆database for publication.