1     
JUVENILE CODE RECODIFICATION CROSS REFERENCES

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd D. Weiler

6     

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22          26-2-22 (Superseded 11/01/21), as last amended by Laws of Utah 2020, Chapter 201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          77-37-3, as last amended by Laws of Utah 2014, Chapter 232
155          78B-22-102, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
156          78B-22-801, as enacted by Laws of Utah 2020, Chapter 395
157     

158     Be it enacted by the Legislature of the state of Utah:
159          Section 1. Section 17-18a-404 is amended to read:
160          17-18a-404. Juvenile proceedings.
161          For a proceeding involving an offense committed by a minor as defined in Section
162     [78A-6-105, a] 80-1-102, a public prosecutor shall:
163          (1) review cases in accordance with [Sections 78A-6-602, 78A-6-602.5, and

164     78A-6-603] Title 80, Chapter 6, Juvenile Justice; and
165          (2) appear and prosecute for the state in the juvenile court of the county.
166          Section 2. Section 26-2-22 (Superseded 11/01/21) is amended to read:
167          26-2-22 (Superseded 11/01/21). Inspection of vital records.
168          (1) As used in this section:
169          (a) "Designated legal representative" means an attorney, physician, funeral service
170     director, genealogist, or other agent of the subject, or an immediate family member of the
171     subject, who has been delegated the authority to access vital records.
172          (b) "Drug use intervention or suicide prevention effort" means a program that studies
173     or promotes the prevention of drug overdose deaths or suicides in the state.
174          (c) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
175     grandchild.
176          (2) (a) The vital records shall be open to inspection, but only in compliance with the
177     provisions of this chapter, department rules, and Sections 78B-6-141 and 78B-6-144.
178          (b) It is unlawful for any state or local officer or employee to disclose data contained in
179     vital records contrary to this chapter, department rule, Section 78B-6-141, or Section
180     78B-6-144.
181          (c) (i) An adoption document is open to inspection as provided in Section 78B-6-141
182     or Section 78B-6-144.
183          (ii) A birth parent may not access an adoption document under Subsection
184     78B-6-141(3).
185          (d) A custodian of vital records may permit inspection of a vital record or issue a
186     certified copy of a record or a part of a record when the custodian is satisfied that the applicant
187     has demonstrated a direct, tangible, and legitimate interest.
188          (3) Except as provided in Subsection (4), a direct, tangible, and legitimate interest in a
189     vital record is present only if:
190          (a) the request is from:

191          (i) the subject;
192          (ii) an immediate family member of the subject;
193          (iii) the guardian of the subject;
194          (iv) a designated legal representative of the subject; or
195          (v) a person, including a child-placing agency as defined in Section 78B-6-103, with
196     whom a child has been placed pending finalization of an adoption of the child;
197          (b) the request involves a personal or property right of the subject of the record;
198          (c) the request is for official purposes of a public health authority or a state, local, or
199     federal governmental agency;
200          (d) the request is for a drug use intervention or suicide prevention effort or a statistical
201     or medical research program and prior consent has been obtained from the state registrar; or
202          (e) the request is a certified copy of an order of a court of record specifying the record
203     to be examined or copied.
204          (4) (a) Except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent,
205     or an immediate family member of a parent, who does not have legal or physical custody of or
206     visitation or parent-time rights for a child because of the termination of parental rights
207     [pursuant to Title 78A, Chapter 6, Juvenile Court Act] under Title 80, Chapter 4, Termination
208     and Restoration of Parental Rights, or by virtue of consenting to or relinquishing a child for
209     adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act, may not be considered
210     as having a direct, tangible, and legitimate interest under this section.
211          (b) Except as provided in Subsection (2)(d), a commercial firm or agency requesting
212     names, addresses, or similar information may not be considered as having a direct, tangible,
213     and legitimate interest under this section.
214          (5) Upon payment of a fee established in accordance with Section 63J-1-504, the office
215     shall make the following records available to the public:
216          (a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding
217     confidential information collected for medical and health use, if 100 years or more have passed

218     since the date of birth;
219          (b) a death record if 50 years or more have passed since the date of death; and
220          (c) a vital record not subject to Subsection (5)(a) or (b) if 75 years or more have passed
221     since the date of the event upon which the record is based.
222          (6) Upon payment of a fee established in accordance with Section 63J-1-504, the office
223     shall make an adoption document available as provided in Sections 78B-6-141 and 78B-6-144.
224          (7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
225     Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
226          (a) for a birth parent's election to permit identifying information about the birth parent
227     to be made available under Section 78B-6-141;
228          (b) for the release of information by the mutual-consent, voluntary adoption registry,
229     under Section 78B-6-144;
230          (c) for collecting fees and donations under Section 78B-6-144.5; and
231          (d) for the review and approval of a request described in Subsection (3)(d).
232          Section 3. Section 26-2-22 (Effective 11/01/21) is amended to read:
233          26-2-22 (Effective 11/01/21). Inspection of vital records.
234          (1) As used in this section:
235          (a) "Designated legal representative" means an attorney, physician, funeral service
236     director, genealogist, or other agent of the subject, or an immediate family member of the
237     subject, who has been delegated the authority to access vital records.
238          (b) "Drug use intervention or suicide prevention effort" means a program that studies
239     or promotes the prevention of drug overdose deaths or suicides in the state.
240          (c) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
241     grandchild.
242          (2) (a) The vital records shall be open to inspection, but only in compliance with the
243     provisions of this chapter, department rules, and Sections 78B-6-141 and 78B-6-144.
244          (b) It is unlawful for any state or local officer or employee to disclose data contained in

245     vital records contrary to this chapter, department rule, Section 78B-6-141, or Section
246     78B-6-144.
247          (c) (i) An adoption document is open to inspection as provided in Section 78B-6-141
248     or Section 78B-6-144.
249          (ii) A birth parent may not access an adoption document under Subsection
250     78B-6-141(3).
251          (d) A custodian of vital records may permit inspection of a vital record or issue a
252     certified copy of a record or a part of a record when the custodian is satisfied that the applicant
253     has demonstrated a direct, tangible, and legitimate interest.
254          (3) Except as provided in Subsection (4), a direct, tangible, and legitimate interest in a
255     vital record is present only if:
256          (a) the request is from:
257          (i) the subject;
258          (ii) an immediate family member of the subject;
259          (iii) the guardian of the subject;
260          (iv) a designated legal representative of the subject; or
261          (v) a person, including a child-placing agency as defined in Section 78B-6-103, with
262     whom a child has been placed pending finalization of an adoption of the child;
263          (b) the request involves a personal or property right of the subject of the record;
264          (c) the request is for official purposes of a public health authority or a state, local, or
265     federal governmental agency;
266          (d) the request is for a drug use intervention or suicide prevention effort or a statistical
267     or medical research program and prior consent has been obtained from the state registrar; or
268          (e) the request is a certified copy of an order of a court of record specifying the record
269     to be examined or copied.
270          (4) (a) Except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent,
271     or an immediate family member of a parent, who does not have legal or physical custody of or

272     visitation or parent-time rights for a child because of the termination of parental rights
273     [pursuant to Title 78A, Chapter 6, Juvenile Court Act] under Title 80, Chapter 4, Termination
274     and Restoration of Parental Rights, or by virtue of consenting to or relinquishing a child for
275     adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act, may not be considered
276     as having a direct, tangible, and legitimate interest under this section.
277          (b) Except as provided in Subsection (2)(d), a commercial firm or agency requesting
278     names, addresses, or similar information may not be considered as having a direct, tangible,
279     and legitimate interest under this section.
280          (5) Upon payment of a fee established in accordance with Section 63J-1-504, the office
281     shall make the following records available to the public:
282          (a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding
283     confidential information collected for medical and health use, if 100 years or more have passed
284     since the date of birth;
285          (b) a death record if 50 years or more have passed since the date of death; and
286          (c) a vital record not subject to Subsection (5)(a) or (b) if 75 years or more have passed
287     since the date of the event upon which the record is based.
288          (6) Upon payment of a fee established in accordance with Section 63J-1-504, the office
289     shall make an adoption document available as provided in Sections 78B-6-141 and 78B-6-144.
290          (7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
291     Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
292          (a) for the inspection of adoption documents under Subsection 78B-6-141(4);
293          (b) for a birth parent's election to permit identifying information about the birth parent
294     to be made available, under Section 78B-6-141;
295          (c) for the release of information by the mutual-consent, voluntary adoption registry,
296     under Section 78B-6-144;
297          (d) for collecting fees and donations under Section 78B-6-144.5; and
298          (e) for the review and approval of a request described in Subsection (3)(d).

299          Section 4. Section 26-8a-310 is amended to read:
300          26-8a-310. Background clearance for emergency medical service personnel.
301          (1) The department shall determine whether to grant background clearance for an
302     individual seeking licensure under Section 26-8a-302 from whom it receives:
303          (a) the individual's social security number, fingerprints, and other personal
304     identification information specified by the department under Subsection (4); and
305          (b) any fees established by the department under Subsection (10).
306          (2) The department shall determine whether to deny or revoke background clearance
307     for individuals for whom it has previously granted background clearance.
308          (3) The department shall determine whether to grant, deny, or revoke background
309     clearance for an individual based on an initial and ongoing evaluation of information the
310     department obtains under Subsections (5) and (11), which, at a minimum, shall include an
311     initial criminal background check of state, regional, and national databases using the
312     individual's fingerprints.
313          (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
314     Administrative Rulemaking Act, that specify:
315          (a) the criteria the department will use under Subsection (3) to determine whether to
316     grant, deny, or revoke background clearance; and
317          (b) the other personal identification information an individual seeking licensure under
318     Section 26-8a-302 must submit under Subsection (1).
319          (5) To determine whether to grant, deny, or revoke background clearance, the
320     department may access and evaluate any of the following:
321          (a) Department of Public Safety arrest, conviction, and disposition records described in
322     Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
323     information in state, regional, and national records files;
324          (b) adjudications by a juvenile court of committing an act that if committed by an adult
325     would be a felony or misdemeanor, if:

326          (i) the applicant is under 28 years [of age] old; or
327          (ii) the applicant:
328          (A) is over 28 years [of age] old; and
329          (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
330     abeyance or diversion agreement for a felony or misdemeanor;
331          (c) juvenile court arrest, adjudication, and disposition records, other than those under
332     Subsection (5)(b), as allowed under Section 78A-6-209;
333          (d) child abuse or neglect findings described in Section [78A-6-323] 80-3-404;
334          (e) the Department of Human Services' Division of Child and Family Services
335     Licensing Information System described in Section 62A-4a-1006;
336          (f) the Department of Human Services' Division of Aging and Adult Services database
337     of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 62A-3-311.1;
338          (g) Division of Occupational and Professional Licensing records of licensing and
339     certification under Title 58, Occupations and Professions;
340          (h) records in other federal criminal background databases available to the state; and
341          (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
342     pending diversion agreements, or dispositions.
343          (6) Except for the Department of Public Safety, an agency may not charge the
344     department for information accessed under Subsection (5).
345          (7) When evaluating information under Subsection (3), the department shall classify a
346     crime committed in another state according to the closest matching crime under Utah law,
347     regardless of how the crime is classified in the state where the crime was committed.
348          (8) The department shall adopt measures to protect the security of information it
349     accesses under Subsection (5), which shall include limiting access by department employees to
350     those responsible for acquiring, evaluating, or otherwise processing the information.
351          (9) The department may disclose personal identification information it receives under
352     Subsection (1) to the Department of Human Services to verify that the subject of the

353     information is not identified as a perpetrator or offender in the information sources described in
354     Subsections (5)(d) through (f).
355          (10) The department may charge fees, in accordance with Section 63J-1-504, to pay
356     for:
357          (a) the cost of obtaining, storing, and evaluating information needed under Subsection
358     (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
359     background clearance; and
360          (b) other department costs related to granting, denying, or revoking background
361     clearance.
362          (11) The Criminal Investigations and Technical Services Division within the
363     Department of Public Safety shall:
364          (a) retain, separate from other division records, personal information under Subsection
365     (1), including any fingerprints sent to it by the Department of Health; and
366          (b) notify the Department of Health upon receiving notice that an individual for whom
367     personal information has been retained is the subject of:
368          (i) a warrant for arrest;
369          (ii) an arrest;
370          (iii) a conviction, including a plea in abeyance; or
371          (iv) a pending diversion agreement.
372          (12) The department shall use the Direct Access Clearance System database created
373     under Section 26-21-209 to manage information about the background clearance status of each
374     individual for whom the department is required to make a determination under Subsection (1).
375          (13) Clearance granted for an individual licensed under Section 26-8a-302 is valid until
376     two years after the day on which the individual is no longer licensed in Utah as emergency
377     medical service personnel.
378          Section 5. Section 26-10-9 is amended to read:
379          26-10-9. Immunizations -- Consent of minor to treatment.

380          (1) This section:
381          (a) is not intended to interfere with the integrity of the family or to minimize the rights
382     of parents or children; and
383          (b) applies to a minor, who at the time care is sought is:
384          (i) married or has been married;
385          (ii) emancipated as provided for in Section [78A-6-805] 80-7-105;
386          (iii) a parent with custody of a minor child; or
387          (iv) pregnant.
388          (2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
389          (i) vaccinations against epidemic infections and communicable diseases as defined in
390     Section 26-6-2; and
391          (ii) examinations and vaccinations required to attend school as provided in Title 53G,
392     Public Education System -- Local Administration.
393          (b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
394     vaccinations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
395     papillomavirus only if:
396          (i) the minor represents to the health care provider that the minor is an abandoned
397     minor as defined in Section 76-5-109; and
398          (ii) the health care provider makes a notation in the minor's chart that the minor
399     represented to the health care provider that the minor is an abandoned minor under Section
400     76-5-109.
401          (c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
402     minor.
403          (3) The consent of the minor pursuant to this section:
404          (a) is not subject to later disaffirmance because of the minority of the person receiving
405     the medical services;
406          (b) is not voidable because of minority at the time the medical services were provided;

407          (c) has the same legal effect upon the minor and the same legal obligations with regard
408     to the giving of consent as consent given by a person of full age and capacity; and
409          (d) does not require the consent of any other person or persons to authorize the medical
410     services described in Subsections (2)(a) and (b).
411          (4) A health care provider who provides medical services to a minor in accordance
412     with the provisions of this section is not subject to civil or criminal liability for providing the
413     services described in Subsections (2)(a) and (b) without obtaining the consent of another
414     person prior to rendering the medical services.
415          (5) This section does not remove the requirement for parental consent or notice when
416     required by Section 76-7-304 or 76-7-304.5.
417          (6) The parents, parent, or legal guardian of a minor who receives medical services
418     pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
419     the parents, parent, or legal guardian consented to the medical services.
420          Section 6. Section 26-21-204 is amended to read:
421          26-21-204. Clearance.
422          (1) The department shall determine whether to grant clearance for each applicant for
423     whom it receives:
424          (a) the personal identification information specified by the department under
425     Subsection 26-21-204(4)(b); and
426          (b) any fees established by the department under Subsection 26-21-204(9).
427          (2) The department shall establish a procedure for obtaining and evaluating relevant
428     information concerning covered individuals, including fingerprinting the applicant and
429     submitting the prints to the Criminal Investigations and Technical Services Division of the
430     Department of Public Safety for checking against applicable state, regional, and national
431     criminal records files.
432          (3) The department may review the following sources to determine whether an
433     individual should be granted or retain clearance, which may include:

434          (a) Department of Public Safety arrest, conviction, and disposition records described in
435     Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
436     information in state, regional, and national records files;
437          (b) juvenile court arrest, adjudication, and disposition records, as allowed under
438     Section 78A-6-209;
439          (c) federal criminal background databases available to the state;
440          (d) the Department of Human Services' Division of Child and Family Services
441     Licensing Information System described in Section 62A-4a-1006;
442          (e) child abuse or neglect findings described in Section [78A-6-323] 80-3-404;
443          (f) the Department of Human Services' Division of Aging and Adult Services
444     vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
445          (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
446          (h) licensing and certification records of individuals licensed or certified by the
447     Division of Occupational and Professional Licensing under Title 58, Occupations and
448     Professions; and
449          (i) the List of Excluded Individuals and Entities database maintained by the United
450     States Department of Health and Human Services' Office of Inspector General.
451          (4) The department shall adopt rules that:
452          (a) specify the criteria the department will use to determine whether an individual is
453     granted or retains clearance:
454          (i) based on an initial evaluation and ongoing review of information under Subsection
455     (3); and
456          (ii) including consideration of the relationship the following may have to patient and
457     resident protection:
458          (A) warrants for arrest;
459          (B) arrests;
460          (C) convictions, including pleas in abeyance;

461          (D) pending diversion agreements;
462          (E) adjudications by a juvenile court [of committing an act that if committed by an
463     adult would be a felony or misdemeanor,] under Section 80-6-701 if the individual is over 28
464     years [of age] old and has been convicted, has pleaded no contest, or is subject to a plea in
465     abeyance or diversion agreement for a felony or misdemeanor, or the individual is under 28
466     years [of age] old; and
467          (F) any other findings under Subsection (3); and
468          (b) specify the personal identification information that must be submitted by an
469     individual or covered body with an application for clearance, including:
470          (i) the applicant's Social Security number; and
471          (ii) fingerprints.
472          (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
473     in another state according to the closest matching crime under Utah law, regardless of how the
474     crime is classified in the state where the crime was committed.
475          (6) The Department of Public Safety, the Administrative Office of the Courts, the
476     Department of Human Services, the Division of Occupational and Professional Licensing, and
477     any other state agency or political subdivision of the state:
478          (a) shall allow the department to review the information the department may review
479     under Subsection (3); and
480          (b) except for the Department of Public Safety, may not charge the department for
481     access to the information.
482          (7) The department shall adopt measures to protect the security of the information it
483     reviews under Subsection (3) and strictly limit access to the information to department
484     employees responsible for processing an application for clearance.
485          (8) The department may disclose personal identification information specified under
486     Subsection (4)(b) to the Department of Human Services to verify that the subject of the
487     information is not identified as a perpetrator or offender in the information sources described in

488     Subsections (3)(d) through (f).
489          (9) The department may establish fees, in accordance with Section 63J-1-504, for an
490     application for clearance, which may include:
491          (a) the cost of obtaining and reviewing information under Subsection (3);
492          (b) a portion of the cost of creating and maintaining the Direct Access Clearance
493     System database under Section 26-21-209; and
494          (c) other department costs related to the processing of the application and the ongoing
495     review of information pursuant to Subsection (4)(a) to determine whether clearance should be
496     retained.
497          Section 7. Section 30-5a-103 is amended to read:
498          30-5a-103. Custody and visitation for individuals other than a parent.
499          (1) (a) In accordance with Section 62A-4a-201, it is the public policy of this state that a
500     parent retain the fundamental right and duty to exercise primary control over the care,
501     supervision, upbringing, and education of the parent's children.
502          (b) There is a rebuttable presumption that a parent's decisions are in the child's best
503     interests.
504          (2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
505     visitation rights to an individual other than a parent who, by clear and convincing evidence,
506     establishes that:
507          (a) the individual has intentionally assumed the role and obligations of a parent;
508          (b) the individual and the child have formed a substantial emotional bond and created a
509     parent-child type relationship;
510          (c) the individual substantially contributed emotionally or financially to the child's well
511     being;
512          (d) the assumption of the parental role is not the result of a financially compensated
513     surrogate care arrangement;
514          (e) the continuation of the relationship between the individual and the child is in the

515     child's best interest;
516          (f) the loss or cessation of the relationship between the individual and the child would
517     substantially harm the child; and
518          (g) the parent:
519          (i) is absent; or
520          (ii) is found by a court to have abused or neglected the child.
521          (3) A proceeding under this chapter may be commenced by filing a verified petition, or
522     petition supported by an affidavit, in the juvenile court if a matter is pending, or in the district
523     court in the county where the child:
524          (a) currently resides; or
525          (b) lived with a parent or an individual other than a parent who acted as a parent within
526     six months before the commencement of the action.
527          (4) A proceeding under this chapter may be filed in a pending divorce, parentage
528     action, or other proceeding, including a proceeding in the juvenile court involving custody of or
529     visitation with a child.
530          (5) The petition shall include detailed facts supporting the petitioner's right to file the
531     petition including the criteria set forth in Subsection (2) and residency information as set forth
532     in Section 78B-13-209.
533          (6) A proceeding under this chapter may not be filed against a parent who is actively
534     serving outside the state in any branch of the military.
535          (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
536     the rules of civil procedure on all of the following:
537          (a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
538          (b) any individual who has court-ordered custody or visitation rights;
539          (c) the child's guardian;
540          (d) the guardian ad litem, if one has been appointed;
541          (e) an individual or agency that has physical custody of the child or that claims to have

542     custody or visitation rights; and
543          (f) any other individual or agency that has previously appeared in any action regarding
544     custody of or visitation with the child.
545          (8) The court may order a custody evaluation to be conducted in any action brought
546     under this chapter.
547          (9) The court may enter temporary orders in an action brought under this chapter
548     pending the entry of final orders.
549          (10) Except as provided in Subsection (11), a court may not grant custody of a child
550     under this section to an individual who is not the parent of the child and who, before a custody
551     order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony
552     involving conduct that constitutes any of the following:
553          (a) child abuse, as described in Section 76-5-109;
554          (b) child abuse homicide, as described in Section 76-5-208;
555          (c) child kidnapping, as described in Section 76-5-301.1;
556          (d) human trafficking of a child, as described in Section 76-5-308.5;
557          (e) sexual abuse of a minor, as described in Section 76-5-401.1;
558          (f) rape of a child, as described in Section 76-5-402.1;
559          (g) object rape of a child, as described in Section 76-5-402.3;
560          (h) sodomy on a child, as described in Section 76-5-403.1;
561          (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
562     Section 76-5-404.1;
563          (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
564          (k) an offense in another state that, if committed in this state, would constitute an
565     offense described in this Subsection (10).
566          (11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
567     listed in Subsection (10) that prevents a court from granting custody except as provided in this
568     Subsection (11).

569          (b) An individual described in Subsection (10) may only be considered for custody of a
570     child if the following criteria are met by clear and convincing evidence:
571          (i) the individual is a relative, as defined in Section [78A-6-307] 80-3-102, of the child;
572          (ii) at least 10 years have elapsed from the day on which the individual is successfully
573     released from prison, jail, parole, or probation related to a disqualifying offense;
574          (iii) during the 10 years before the day on which the individual files a petition with the
575     court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
576     an offense greater than an infraction or traffic violation that would likely impact the health,
577     safety, or well-being of the child;
578          (iv) the individual can provide evidence of successful treatment or rehabilitation
579     directly related to the disqualifying offense;
580          (v) the court determines that the risk related to the disqualifying offense is unlikely to
581     cause harm, as defined in Section [78A-6-105] 80-1-102, or potential harm to the child
582     currently or at any time in the future when considering all of the following:
583          (A) the child's age;
584          (B) the child's gender;
585          (C) the child's development;
586          (D) the nature and seriousness of the disqualifying offense;
587          (E) the preferences of a child 12 years old or older;
588          (F) any available assessments, including custody evaluations, parenting assessments,
589     psychological or mental health assessments, and bonding assessments; and
590          (G) any other relevant information;
591          (vi) the individual can provide evidence of the following:
592          (A) the relationship with the child is of long duration;
593          (B) that an emotional bond exists with the child; and
594          (C) that custody by the individual who has committed the disqualifying offense ensures
595     the best interests of the child are met;

596          (vii) (A) there is no other responsible relative known to the court who has or likely
597     could develop an emotional bond with the child and does not have a disqualifying offense; or
598          (B) if there is a responsible relative known to the court that does not have a
599     disqualifying offense, Subsection (11)(d) applies; and
600          (viii) that the continuation of the relationship between the individual with the
601     disqualifying offense and the child could not be sufficiently maintained through any type of
602     visitation if custody were given to the relative with no disqualifying offense described in
603     Subsection (11)(d).
604          (c) The individual with the disqualifying offense bears the burden of proof regarding
605     why placement with that individual is in the best interest of the child over another responsible
606     relative or equally situated individual who does not have a disqualifying offense.
607          (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
608     to the court who does not have a disqualifying offense:
609          (i) preference for custody is given to a relative who does not have a disqualifying
610     offense; and
611          (ii) before the court may place custody with the individual who has the disqualifying
612     offense over another responsible, willing, and able relative:
613          (A) an impartial custody evaluation shall be completed; and
614          (B) a guardian ad litem shall be assigned.
615          (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
616     final decision on custody has not been made and to a case filed on or after March 25, 2017.
617          Section 8. Section 32B-4-409 is amended to read:
618          32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
619     amounts in body.
620          (1) Unless specifically authorized by this title, it is unlawful for a minor to:
621          (a) purchase an alcoholic product;
622          (b) attempt to purchase an alcoholic product;

623          (c) solicit another person to purchase an alcoholic product;
624          (d) possess an alcoholic product;
625          (e) consume an alcoholic product; or
626          (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
627          (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
628     product for a minor for:
629          (a) a minor to misrepresent the minor's age; or
630          (b) any other person to misrepresent the age of a minor.
631          (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
632     in a limousine or chartered bus.
633          (4) (a) If a minor is found by a court to have violated this section and the violation is
634     the minor's first violation of this section, the court may:
635          (i) order the minor to complete a screening as defined in Section 41-6a-501;
636          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
637     screening indicates an assessment to be appropriate; and
638          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
639     or substance use disorder treatment as indicated by an assessment.
640          (b) If a minor is found by a court to have violated this section and the violation is the
641     minor's second or subsequent violation of this section, the court shall:
642          (i) order the minor to complete a screening as defined in Section 41-6a-501;
643          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
644     screening indicates an assessment to be appropriate; and
645          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
646     or substance use disorder treatment as indicated by an assessment.
647          (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
648     found by a court to have violated this section, except as provided in Section 32B-4-411, the
649     court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.

650          (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
651     suspension period required under Section 53-3-219 if:
652          (i) the violation is the minor's first violation of this section; and
653          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
654          (B) the minor demonstrates substantial progress in substance use disorder treatment.
655          (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
656     requirements of Section 53-3-219, the court may reduce the suspension period required under
657     Section 53-3-219 if:
658          (i) the violation is the minor's second or subsequent violation of this section;
659          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
660     demonstrated substantial progress in substance use disorder treatment; and
661          (iii) (A) the person is 18 years [of age] old or older and provides a sworn statement to
662     the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
663     consecutive period during the suspension period imposed under Subsection (5)(a); or
664          (B) the person is under 18 years [of age] old and has the person's parent or legal
665     guardian provide an affidavit or sworn statement to the court certifying that to the parent or
666     legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at
667     least a one-year consecutive period during the suspension period imposed under Subsection
668     (5)(a).
669          (6) When a minor who is younger than 18 years old is found by the court to have
670     violated this section, Section [78A-6-606] 80-6-707 applies to the violation.
671          (7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
672     [78A-6-117] 80-6-701, the court may only order substance use disorder treatment or an
673     educational series if the minor has an assessed need for the intervention on the basis of the
674     results of a validated assessment.
675          (8) When a court issues an order suspending a person's driving privileges for a
676     violation of this section, the Driver License Division shall suspend the person's license under

677     Section 53-3-219.
678          (9) When the Department of Public Safety receives the arrest or conviction record of a
679     person for a driving offense committed while the person's license is suspended pursuant to this
680     section, the Department of Public Safety shall extend the suspension for an additional like
681     period of time.
682          (10) This section does not apply to a minor's consumption of an alcoholic product in
683     accordance with this title:
684          (a) for medicinal purposes if:
685          (i) the minor is at least 18 years old; or
686          (ii) the alcoholic product is furnished by:
687          (A) the parent or guardian of the minor; or
688          (B) the minor's health care practitioner, if the health care practitioner is authorized by
689     law to write a prescription; or
690          (b) as part of a religious organization's religious services.
691          Section 9. Section 32B-4-410 is amended to read:
692          32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
693          (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
694     premises of:
695          (a) a tavern; or
696          (b) a bar licensee, except to the extent authorized by Section 32B-6-406.1.
697          (2) A minor who violates this section is guilty of a class C misdemeanor.
698          (3) (a) If a minor is found by a court to have violated this section and the violation is
699     the minor's first violation of this section, the court may:
700          (i) order the minor to complete a screening as defined in Section 41-6a-501;
701          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
702     screening indicates an assessment to be appropriate; and
703          (iii) order the minor to complete an educational series as defined in Section 41-6a-501

704     or substance use disorder treatment as indicated by an assessment.
705          (b) If a minor is found by a court to have violated this section and the violation is the
706     minor's second or subsequent violation of this section, the court shall:
707          (i) order the minor to complete a screening as defined in Section 41-6a-501;
708          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
709     screening indicates an assessment to be appropriate; and
710          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
711     or substance use disorder treatment as indicated by an assessment.
712          (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
713     found by a court to have violated this section, except as provided in Section 32B-4-411, the
714     court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
715          (b) Notwithstanding Subsection (4)(a), the court may reduce the suspension period
716     required under Section 53-3-219 if:
717          (i) the violation is the minor's first violation of this section; and
718          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
719          (B) the minor demonstrates substantial progress in substance use disorder treatment.
720          (c) Notwithstanding Subsection (4)(a) and in accordance with Section 53-3-219, the
721     court may reduce the suspension period required under Section 53-3-219 if:
722          (i) the violation is the minor's second or subsequent violation of this section;
723          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
724     demonstrated substantial progress in substance use disorder treatment; and
725          (iii) (A) the person is 18 years [of age] old or older and provides a sworn statement to
726     the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
727     consecutive period during the suspension period imposed under Subsection (4)(a); or
728          (B) the person is under 18 years [of age] old and has the person's parent or legal
729     guardian provide an affidavit or sworn statement to the court certifying that to the parent or
730     legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at

731     least a one-year consecutive period during the suspension period imposed under Subsection
732     (4)(a).
733          (5) When a minor who is younger than 18 years old is found by a court to have violated
734     this section, Section [78A-6-606] 80-6-707 applies to the violation.
735          (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
736     [78A-6-117] 80-6-701, the court may only order substance use disorder treatment or an
737     educational series if the minor has an assessed need for the intervention on the basis of the
738     results of a validated assessment.
739          (7) When a court issues an order suspending a person's driving privileges for a
740     violation of this section, the Driver License Division shall suspend the person's license under
741     Section 53-3-219.
742          (8) When the Department of Public Safety receives the arrest or conviction record of a
743     person for a driving offense committed while the person's license is suspended pursuant to this
744     section, the Department of Public Safety shall extend the suspension for an additional like
745     period of time.
746          Section 10. Section 32B-4-411 is amended to read:
747          32B-4-411. Minor's unlawful use of proof of age.
748          (1) As used in this section, "proof of age violation" means a violation by a minor of:
749          (a) Chapter 1, Part 4, Proof of Age Act; or
750          (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
751     Part 4, Proof of Age Act:
752          (i) Section 32B-4-409; or
753          (ii) Section 32B-4-410.
754          (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
755     penalties provided for in Subsection (1):
756          (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
757          (ii) for a second violation, the minor is guilty of a class A misdemeanor; and

758          (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
759     except that the court may impose:
760          (A) a fine of up to $5,000;
761          (B) screening, assessment, or substance use disorder treatment, as defined in Section
762     41-6a-501;
763          (C) an educational series, as defined in Section 41-6a-501;
764          (D) alcoholic product related community service or compensatory service work
765     program hours;
766          (E) fees for restitution and treatment costs;
767          (F) defensive driver education courses; or
768          (G) a combination of these penalties;[ and]
769          (b) (i) for a minor who is younger than 18 years old:
770          (A) the court may forward to the Driver License Division a record of an adjudication
771     under [Title 78A, Chapter 6, Juvenile Court Act] Section 80-6-701, for a violation under this
772     section; and
773          (B) the provisions regarding suspension of a driver license under Section [78A-6-606]
774     80-6-707 apply; and
775          (ii) for a minor who is at least 18 years old, but younger than 21 years old:
776          (A) the court shall forward to the Driver License Division a record of conviction for a
777     violation under this section; and
778          (B) the Driver License Division shall suspend the person's license under Section
779     53-3-220[.]; and
780          (c) [Notwithstanding] notwithstanding Subsection (2)(a), if a minor is adjudicated
781     under Section [78A-6-117] 80-6-701, the court may order:
782          (i) substance use disorder treatment or an educational series only if the minor has an
783     assessed need for the intervention based on the results of a validated assessment; and
784          (ii) a fine, fee, service hours, or costs in accordance with Section [78A-6-117]

785     80-6-709.
786          (3) (a) Notwithstanding Subsection (2)(b), the court may reduce the suspension period
787     under Subsection 53-3-220(1)(e) or [78A-6-606(4)(d)] 80-6-707(4)(a)(ii)(A) if:
788          (i) the violation is the minor's first violation of this section; and
789          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
790          (B) the minor demonstrates substantial progress in substance use disorder treatment.
791          (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
792     suspension period under Subsection 53-3-220(1)(e) or [78A-6-606(4)(d)] 80-6-707(4)(a)(ii)(B)
793     if:
794          (i) the violation is the minor's second or subsequent violation of this section;
795          (ii) the person has completed an educational series as defined in Section 41-6a-501 or
796     demonstrated substantial progress in substance use disorder treatment; and
797          (iii) (A) the person is 18 years [of age] old or older and provides a sworn statement to
798     the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
799     consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
800     [78A-6-606(4)(d)] 80-6-707(4)(b)(iii)(A); or
801          (B) the minor is under 18 years [of age] old and has the minor's parent or legal
802     guardian provide an affidavit or sworn statement to the court certifying that to the parent or
803     legal guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least
804     a one-year consecutive period during the suspension period imposed under Subsection
805     53-3-220(1)(e) or [78A-6-606(4)(d)] 80-6-707(4)(b)(iii)(B).
806          (4) When the Department of Public Safety receives the arrest or conviction record of an
807     individual for a driving offense committed while the individual's license is suspended pursuant
808     to this section, the Department of Public Safety shall extend the suspension for an additional
809     like period of time.
810          (5) A court may not fail to enter a judgment of conviction under this section under a
811     plea in abeyance agreement.

812          Section 11. Section 51-9-401 is amended to read:
813          51-9-401. Surcharge -- Application.
814          (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
815     imposed by the courts.
816          (b) The surcharge shall be:
817          (i) 90% upon conviction of a:
818          (A) felony;
819          (B) class A misdemeanor;
820          (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
821     Driving; or
822          (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
823     violation of comparable county or municipal ordinances; or
824          (ii) 35% upon conviction of any other offense, including violation of county or
825     municipal ordinances not subject to the 90% surcharge.
826          (c) The Division of Finance shall deposit into the General Fund an amount equal to the
827     amount that the state retains under Section [51-9-402] 80-6-304.
828          (2) The surcharge may not be imposed:
829          (a) upon nonmoving traffic violations;
830          (b) upon court orders when the offender is ordered to perform compensatory service
831     work in lieu of paying a fine; and
832          (c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
833     of a case under Section 78A-6-602.
834          (3) (a) The surcharge and the exceptions under Subsections (1) and (2) apply to all
835     fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
836     committed by an adult.
837          (b) Notwithstanding Subsection (3)(a), the surcharge does not include amounts assessed
838     or collected separately by juvenile courts for the Juvenile Restitution Account, which is

839     independent of this part and does not affect the imposition or collection of the surcharge.
840          (4) The surcharge under this section shall be imposed in addition to the fine charged
841     for a civil or criminal offense, and no reduction may be made in the fine charged due to the
842     surcharge imposition.
843          (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
844     authorized and managed by this part rather than attached to particular offenses.
845          Section 12. Section 51-9-408 is amended to read:
846          51-9-408. Children's Legal Defense Account.
847          (1) There is created a restricted account within the General Fund known as the
848     Children's Legal Defense Account.
849          (2) The purpose of the Children's Legal Defense Account is to provide for programs
850     that protect and defend the rights, safety, and quality of life of children.
851          (3) (a) The Legislature shall appropriate money from the account for the administrative
852     and related costs of the following programs:
853          [(a)] (i) implementing the Mandatory Educational Course on Children's Needs for
854     Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4,
855     30-3-10.3, 30-3-11.3, and the Mediation Program - Child Custody or Parent-time;
856          [(b)] (ii) implementing the use of guardians ad litem [as provided] in accordance with
857     Sections 78A-2-703, 78A-2-705, [78A-6-902] 78A-2-803, and 78B-3-102;
858          (iii) the training of attorney guardians ad litem and volunteers as provided in Section
859     [78A-6-902; and termination of parental rights as provided in Sections 78A-6-117 and
860     78A-6-118, and Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act. This account
861     may not be used to supplant funding for the guardian ad litem program in the juvenile court as
862     provided in Section 78A-6-902] 78A-2-803;
863          [(c)] (iv) implementing and administering the Expedited Parent-time Enforcement
864     Program as provided in Section 30-3-38; and
865          [(d)] (v) implementing and administering the Divorce Education for Children Program.

866          (b) The Children's Legal Defense Account may not be used to supplant funding for the
867     guardian ad litem program under Section 78A-2-803.
868          (4) The following withheld fees shall be allocated only to the Children's Legal Defense
869     Account and used only for the purposes provided in Subsections (3)(a)(i) through [(d)] (v):
870          (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
871     as provided in Section 17-16-21; and
872          (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any
873     complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
874          (5) The Division of Finance shall allocate the money described in Subsection (4) from
875     the General Fund to the Children's Legal Defense Account.
876          (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30
877     of any fiscal year shall lapse into the General Fund.
878          Section 13. Section 53-3-204 is amended to read:
879          53-3-204. Persons who may not be licensed.
880          (1) (a) The division may not license a person who:
881          (i) is younger than 16 years [of age] old;
882          (ii) if the person is 18 years [of age] old or younger, has not completed a course in
883     driver training approved by the commissioner;
884          (iii) if the person is 19 years [of age] old or older has not completed:
885          (A) a course in driver training approved by the commissioner; or
886          (B) the requirements under Subsection 53-3-210.5(6)(c);
887          (iv) if the person is a minor as defined in Section 53-3-211, has not completed the
888     driving requirement under Section 53-3-211;
889          (v) is not a resident of the state, unless the person:
890          (A) is issued a temporary CDL under Subsection 53-3-407(2)(b) prior to July 1, 2015;
891     or
892          (B) qualifies for a non-domiciled CDL as defined in 49 C.F.R. Part 383;

893          (vi) if the person is 17 years [of age] old or younger, has not held a learner permit
894     issued under Section 53-3-210.5 or an equivalent by another state or branch of the United
895     States Armed Forces for six months; or
896          (vii) is younger than 18 years [of age] old and applying for a CDL under 49 C.F.R. Part
897     383.
898          (b) Subsections (1)(a)(i), (ii), (iii), (iv), and (vi) do not apply to a person:
899          (i) who has been licensed before July 1, 1967; or
900          (ii) who is 16 years [of age] old or older making application for a license who has been
901     licensed in another state or country.
902          (2) The division may not issue a license certificate to a person:
903          (a) whose license has been suspended, denied, cancelled, or disqualified during the
904     period of suspension, denial, cancellation, or disqualification;
905          (b) whose privilege has been revoked, except as provided in Section 53-3-225;
906          (c) who has previously been adjudged mentally incompetent and who has not at the
907     time of application been restored to competency as provided by law;
908          (d) who is required by this chapter to take an examination unless the person
909     successfully passes the examination;
910          (e) whose driving privileges have been denied or suspended under:
911          (i) Section [78A-6-606] 80-6-707 by an order of the juvenile court; or
912          (ii) Section 53-3-231; or
913          (f) beginning on or after July 1, 2012, who holds an unexpired Utah identification card
914     issued under Part 8, Identification Card Act, unless:
915          (i) the Utah identification card is canceled; and
916          (ii) if the Utah identification card is in the person's possession, the Utah identification
917     card is surrendered to the division.
918          (3) (a) Except as provided in Subsection (3)(c), the division may not grant a motorcycle
919     endorsement to a person who:

920          (i) has not been granted an original or provisional class D license, a CDL, or an
921     out-of-state equivalent to an original or provisional class D license or a CDL; and
922          (ii) if the person is under 19 years [of age] old, has not held a motorcycle learner
923     permit for two months unless Subsection (3)(b) applies.
924          (b) The division may waive the two month motorcycle learner permit holding period
925     requirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the division
926     that the person has completed a motorcycle rider education program that meets the
927     requirements under Section 53-3-903.
928          (c) The division may grant a motorcycle endorsement to a person under 19 years [of
929     age] old who has not held a motorcycle learner permit for two months if the person was issued
930     a motorcycle endorsement prior to July 1, 2008.
931          (4) The division may grant a class D license to a person whose commercial license is
932     disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not
933     otherwise sanctioned under this chapter.
934          Section 14. Section 53-3-219 is amended to read:
935          53-3-219. Suspension of minor's driving privileges.
936          (1) The division shall immediately suspend all driving privileges of any person upon
937     receipt of an order suspending driving privileges under Section 32B-4-409, Section 32B-4-410,
938     Subsection 76-9-701(1), or Section [78A-6-606] 80-6-707.
939          (2) (a) (i) Upon receipt of the first order suspending a person's driving privileges under
940     Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section [78A-6-606]
941     80-6-707, the division shall:
942          (A) impose a suspension for a period of one year;
943          (B) if the person has not been issued an operator license, deny the person's application
944     for a license or learner's permit for a period of one year; or
945          (C) if the person is under the age of eligibility for a driver license, deny the person's
946     application for a license or learner's permit beginning on the date of conviction and continuing

947     for one year beginning on the date of eligibility for a driver license.
948          (ii) Upon receipt of the first order suspending a person's driving privileges under this
949     section, the division shall reduce the suspension period under Subsection (2)(a)(i)(A), (B), or
950     (C) if ordered by the court in accordance with Subsection 32B-4-409(5)(b), 32B-4-410(4)(b),
951     76-9-701(4)(b), or [78A-6-606(4)(b)] 80-6-707(3)(a).
952          (b) (i) Upon receipt of a second or subsequent order suspending a person's driving
953     privileges under Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or [Section
954     78A-6-606] Subsection 80-4-707(3)(b), the division shall:
955          (A) impose a suspension for a period of two years;
956          (B) if the person has not been issued an operator license or is under the age of
957     eligibility for a driver license, deny the person's application for a license or learner's permit for
958     a period of two years; or
959          (C) if the person is under the age of eligibility for a driver license, deny the person's
960     application for a license or learner's permit beginning on the date of conviction and continuing
961     for two years beginning on the date of eligibility for a driver license.
962          (ii) Upon receipt of the second or subsequent order suspending a person's driving
963     privileges under Section 32B-4-409, Section 32B-4-410, Subsection 76-9-701(1), or Section
964     [78A-6-606] 80-6-707, the division shall reduce the suspension period if ordered by the court
965     in accordance with Subsection 32B-4-409(5)(c), 32B-4-410(4)(c), 76-9-701(4)(c), or
966     [78A-6-606(4)(c)] 80-6-707(3)(b).
967          (3) The Driver License Division shall subtract from any suspension or revocation
968     period for a conviction of a violation of Section 32B-4-409 the number of days for which a
969     license was previously suspended under Section 53-3-231, if the previous sanction was based
970     on the same occurrence upon which the record of conviction is based.
971          (4) After reinstatement of the license described in Subsection (1), a report authorized
972     under Section 53-3-104 may not contain evidence of the suspension of a minor's license under
973     this section if the minor has not been convicted of any other offense for which the suspension

974     under Subsection (1) may be extended.
975          Section 15. Section 53-3-220 is amended to read:
976          53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
977     disqualification of license -- Offense requiring an extension of period -- Hearing --
978     Limited driving privileges.
979          (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
980     6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
981     disqualification, the division shall deny, suspend, or disqualify the license of a person upon
982     receiving a record of the person's conviction for:
983          (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
984     automobile homicide under Section 76-5-207 or 76-5-207.5;
985          (ii) driving or being in actual physical control of a motor vehicle while under the
986     influence of alcohol, any drug, or combination of them to a degree that renders the person
987     incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
988     in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
989          (iii) driving or being in actual physical control of a motor vehicle while having a blood
990     or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
991     that complies with the requirements of Subsection 41-6a-510(1);
992          (iv) perjury or the making of a false affidavit to the division under this chapter, Title
993     41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
994     regulating driving on highways;
995          (v) any felony under the motor vehicle laws of this state;
996          (vi) any other felony in which a motor vehicle is used to facilitate the offense;
997          (vii) failure to stop and render aid as required under the laws of this state if a motor
998     vehicle accident results in the death or personal injury of another;
999          (viii) two charges of reckless driving, impaired driving, or any combination of reckless
1000     driving and impaired driving committed within a period of 12 months; but if upon a first

1001     conviction of reckless driving or impaired driving the judge or justice recommends suspension
1002     of the convicted person's license, the division may after a hearing suspend the license for a
1003     period of three months;
1004          (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
1005     officer as required in Section 41-6a-210;
1006          (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
1007     requires disqualification;
1008          (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
1009     allowing the discharge of a firearm from a vehicle;
1010          (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
1011     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
1012          (xiii) operating or being in actual physical control of a motor vehicle while having any
1013     measurable controlled substance or metabolite of a controlled substance in the person's body in
1014     violation of Section 41-6a-517;
1015          (xiv) operating or being in actual physical control of a motor vehicle while having any
1016     measurable or detectable amount of alcohol in the person's body in violation of Section
1017     41-6a-530;
1018          (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
1019     violation of Section 41-6a-606;
1020          (xvi) operating or being in actual physical control of a motor vehicle in this state
1021     without an ignition interlock system in violation of Section 41-6a-518.2;
1022          (xvii) custodial interference, under:
1023          (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
1024     the court provides the division with an order of suspension for a shorter period of time;
1025          (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
1026     the court provides the division with an order of suspension for a shorter period of time; or
1027          (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless

1028     the court provides the division with an order of suspension for a shorter period of time; or
1029          (xviii) refusal of a chemical test under Subsection 41-6a-520(7).
1030          (b) The division shall immediately revoke the license of a person upon receiving a
1031     record of an adjudication under [Title 78A, Chapter 6, Juvenile Court Act,] Section 80-6-701
1032     for:
1033          (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
1034     allowing the discharge of a firearm from a vehicle; or
1035          (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
1036     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
1037          (c) Except when action is taken under Section 53-3-219 for the same offense, upon
1038     receiving a record of conviction, the division shall immediately suspend for six months the
1039     license of the convicted person if the person was convicted of one of the following offenses
1040     while the person was an operator of a motor vehicle:
1041          (i) any violation of:
1042          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
1043          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
1044          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
1045          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
1046          (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
1047          (ii) any criminal offense that prohibits:
1048          (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
1049     that is prohibited under the acts described in Subsection (1)(c)(i); or
1050          (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
1051     transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
1052          (d) (i) The division shall immediately suspend a person's driver license for conviction
1053     of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
1054          (A) an order from the sentencing court requiring that the person's driver license be

1055     suspended; and
1056          (B) a record of the conviction.
1057          (ii) An order of suspension under this section is at the discretion of the sentencing
1058     court, and may not be for more than 90 days for each offense.
1059          (e) (i) The division shall immediately suspend for one year the license of a person upon
1060     receiving a record of:
1061          (A) conviction for the first time for a violation under Section 32B-4-411; or
1062          (B) an adjudication under [Title 78A, Chapter 6, Juvenile Court Act,] Section 80-6-701
1063     for a violation under Section 32B-4-411.
1064          (ii) The division shall immediately suspend for a period of two years the license of a
1065     person upon receiving a record of:
1066          (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
1067          (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
1068     conviction for a violation under Section 32B-4-411; or
1069          (B) (I) a second or subsequent adjudication under [Title 78A, Chapter 6, Juvenile Court
1070     Act of 1996,] Section 80-6-701 for a violation under Section 32B-4-411; and
1071          (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
1072     adjudication under [Title 78A, Chapter 6, Juvenile Court Act of 1996,] Section 80-6-701 for a
1073     violation under Section 32B-4-411.
1074          (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
1075          (A) for a conviction or adjudication described in Subsection (1)(e)(i):
1076          (I) impose a suspension for one year beginning on the date of conviction; or
1077          (II) if the person is under the age of eligibility for a driver license, impose a suspension
1078     that begins on the date of conviction and continues for one year beginning on the date of
1079     eligibility for a driver license; or
1080          (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
1081          (I) impose a suspension for a period of two years; or

1082          (II) if the person is under the age of eligibility for a driver license, impose a suspension
1083     that begins on the date of conviction and continues for two years beginning on the date of
1084     eligibility for a driver license.
1085          (iv) Upon receipt of the first order suspending a person's driving privileges under
1086     Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
1087     ordered by the court in accordance with Subsection 32B-4-411(3)(a).
1088          (v) Upon receipt of the second or subsequent order suspending a person's driving
1089     privileges under Section 32B-4-411, the division shall reduce the suspension period under
1090     Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
1091          (2) The division shall extend the period of the first denial, suspension, revocation, or
1092     disqualification for an additional like period, to a maximum of one year for each subsequent
1093     occurrence, upon receiving:
1094          (a) a record of the conviction of any person on a charge of driving a motor vehicle
1095     while the person's license is denied, suspended, revoked, or disqualified;
1096          (b) a record of a conviction of the person for any violation of the motor vehicle law in
1097     which the person was involved as a driver;
1098          (c) a report of an arrest of the person for any violation of the motor vehicle law in
1099     which the person was involved as a driver; or
1100          (d) a report of an accident in which the person was involved as a driver.
1101          (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
1102     driving while the person's license is denied, suspended, disqualified, or revoked, the person is
1103     entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
1104     or revocation originally imposed under Section 53-3-221.
1105          (4) (a) The division may extend to a person the limited privilege of driving a motor
1106     vehicle to and from the person's place of employment or within other specified limits on
1107     recommendation of the judge in any case where a person is convicted of any of the offenses
1108     referred to in Subsections (1) and (2) except:

1109          (i) automobile homicide under Subsection (1)(a)(i);
1110          (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
1111     (1)(c); and
1112          (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
1113     revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
1114     41-6a-517, a local ordinance which complies with the requirements of Subsection
1115     41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
1116     was charged with violating as a result of a plea bargain after having been originally charged
1117     with violating one or more of these sections or ordinances, unless:
1118          (A) the person has had the period of the first denial, suspension, revocation, or
1119     disqualification extended for a period of at least three years;
1120          (B) the division receives written verification from the person's primary care physician
1121     that:
1122          (I) to the physician's knowledge the person has not used any narcotic drug or other
1123     controlled substance except as prescribed by a licensed medical practitioner within the last
1124     three years; and
1125          (II) the physician is not aware of any physical, emotional, or mental impairment that
1126     would affect the person's ability to operate a motor vehicle safely; and
1127          (C) for a period of one year prior to the date of the request for a limited driving
1128     privilege:
1129          (I) the person has not been convicted of a violation of any motor vehicle law in which
1130     the person was involved as the operator of the vehicle;
1131          (II) the division has not received a report of an arrest for a violation of any motor
1132     vehicle law in which the person was involved as the operator of the vehicle; and
1133          (III) the division has not received a report of an accident in which the person was
1134     involved as an operator of a vehicle.
1135          (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege

1136     authorized in this Subsection (4):
1137          (A) is limited to when undue hardship would result from a failure to grant the
1138     privilege; and
1139          (B) may be granted only once to any person during any single period of denial,
1140     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
1141     or disqualification.
1142          (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
1143          (A) is limited to when the limited privilege is necessary for the person to commute to
1144     school or work; and
1145          (B) may be granted only once to any person during any single period of denial,
1146     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
1147     or disqualification.
1148          (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
1149     Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
1150     denied under this chapter.
1151          Section 16. Section 53-10-404 is amended to read:
1152          53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
1153          (1) As used in this section, "person" refers to any person as described under Section
1154     53-10-403.
1155          (2) (a) A person under Section 53-10-403 or any person required to register as a sex
1156     offender under Title 77, Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA
1157     specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for
1158     the cost of obtaining the DNA specimen unless:
1159          (i) the person was booked under Section 53-10-403 and is not required to reimburse the
1160     agency under Section 53-10-404.5; or
1161          (ii) the agency determines the person lacks the ability to pay.
1162          (b) (i) (A) The responsible agencies shall establish guidelines and procedures for

1163     determining if the person is able to pay the fee.
1164          (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
1165     determine an inmate's ability to pay.
1166          (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
1167     the inmate's county trust fund account and may allow a negative balance in the account until
1168     the $150 is paid in full.
1169          (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
1170     Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
1171     the fee may retain not more than $25 per individual specimen for the costs of obtaining the
1172     saliva DNA specimen.
1173          (ii) The agency collecting the $150 fee may not retain from each separate fee more than
1174     $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
1175          (b) The responsible agency shall determine the method of collecting the DNA
1176     specimen. Unless the responsible agency determines there are substantial reasons for using a
1177     different method of collection or the person refuses to cooperate with the collection, the
1178     preferred method of collection shall be obtaining a saliva specimen.
1179          (c) The responsible agency may use reasonable force, as established by its guidelines
1180     and procedures, to collect the DNA sample if the person refuses to cooperate with the
1181     collection.
1182          (d) If the judgment places the person on probation, the person shall submit to the
1183     obtaining of a DNA specimen as a condition of the probation.
1184          (e) (i) Under this section a person is required to provide one DNA specimen and pay
1185     the collection fee as required under this section.
1186          (ii) The person shall provide an additional DNA specimen only if the DNA specimen
1187     previously provided is not adequate for analysis.
1188          (iii) The collection fee is not imposed for a second or subsequent DNA specimen
1189     collected under this section.

1190          (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
1191     any outstanding amount of a fee due under this section from any person who owes any portion
1192     of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
1193     53-10-407.
1194          (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
1195     possible and transferred to the Department of Public Safety:
1196          (i) after a conviction or a finding of jurisdiction by the juvenile court;
1197          (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
1198     person for any offense under Subsection 53-10-403(1)(c); and
1199          (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
1200     as provided under Subsection 53-10-403(1)(d)(ii).
1201          (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
1202     may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
1203     after the booking of a person for any felony offense, as provided under Subsection
1204     53-10-403(1)(d)(i).
1205          (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
1206     for analysis, the agency shall, as soon as possible:
1207          (i) obtain and transmit an additional DNA specimen; or
1208          (ii) request that another agency that has direct access to the person and that is
1209     authorized to collect DNA specimens under this section collect the necessary second DNA
1210     specimen and transmit it to the Department of Public Safety.
1211          (d) Each agency that is responsible for collecting DNA specimens under this section
1212     shall establish:
1213          (i) a tracking procedure to record the handling and transfer of each DNA specimen it
1214     obtains; and
1215          (ii) a procedure to account for the management of all fees it collects under this section.
1216          (5) (a) The Department of Corrections is the responsible agency whenever the person is

1217     committed to the custody of or is under the supervision of the Department of Corrections.
1218          (b) The juvenile court is the responsible agency regarding a minor under Subsection
1219     53-10-403(3), but if the minor has been committed to the legal custody of the Division of
1220     Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
1221     minor has not previously been obtained by the juvenile court under Section [78A-6-117]
1222     80-6-608.
1223          (c) The sheriff operating a county jail is the responsible agency regarding the collection
1224     of DNA specimens from persons who:
1225          (i) have pled guilty to or have been convicted of an offense listed under Subsection
1226     53-10-403(2) but who have not been committed to the custody of or are not under the
1227     supervision of the Department of Corrections;
1228          (ii) are incarcerated in the county jail:
1229          (A) as a condition of probation for a felony offense; or
1230          (B) for a misdemeanor offense for which collection of a DNA specimen is required;
1231          (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
1232     for any offense under Subsection 53-10-403(1)(c).; and
1233          (iv) are booked at the county jail:
1234          (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
1235     offense on or after May 13, 2014, through December 31, 2014, under Subsection
1236     53-10-404(4)(b); or
1237          (B) on or after January 1, 2015, for any felony offense.
1238          (d) Each agency required to collect a DNA specimen under this section shall:
1239          (i) designate employees to obtain the saliva DNA specimens required under this
1240     section; and
1241          (ii) ensure that employees designated to collect the DNA specimens receive appropriate
1242     training and that the specimens are obtained in accordance with generally accepted protocol.
1243          (6) (a) As used in this Subsection (6), "department" means the Department of

1244     Corrections.
1245          (b) Priority of obtaining DNA specimens by the department is:
1246          (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
1247     of or under the supervision of the department before these persons are released from
1248     incarceration, parole, or probation, if their release date is prior to that of persons under
1249     Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
1250          (ii) second, the department shall obtain DNA specimens from persons who are
1251     committed to the custody of the department or who are placed under the supervision of the
1252     department after July 1, 2002, within 120 days after the commitment, if possible, but not later
1253     than prior to release from incarceration if the person is imprisoned, or prior to the termination
1254     of probation if the person is placed on probation.
1255          (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
1256     is:
1257          (i) first, persons on probation;
1258          (ii) second, persons on parole; and
1259          (iii) third, incarcerated persons.
1260          (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
1261     priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
1262     specimens from persons in the custody of or under the supervision of the Department of
1263     Corrections as of July 1, 2002, prior to their release.
1264          (7) (a) As used in this Subsection (7):
1265          (i) "Court" means the juvenile court.
1266          (ii) "Division" means the Division of Juvenile Justice Services.
1267          (b) Priority of obtaining DNA specimens by the court from minors under Section
1268     53-10-403 [who are under the jurisdiction of the court] whose cases are under the jurisdiction
1269     of the court but who are not in the legal custody of the division shall be:
1270          (i) first, to obtain specimens from minors [who as of July 1, 2002, are within the court's

1271     jurisdiction, prior to termination of the court's jurisdiction over these minors] whose cases, as
1272     of July 1, 2002, are under the court's jurisdiction, before the court's jurisdiction over the minors'
1273     cases terminates; and
1274          (ii) second, to obtain specimens from minors [who are found to be within the court's
1275     jurisdiction] whose cases are under the jurisdiction of the court after July 1, 2002, within 120
1276     days of the minor's case being found to be within the court's jurisdiction, if possible, but [not]
1277     no later than [prior to termination of the court's jurisdiction over the minor.] before the court's
1278     jurisdiction over the minor's case terminates.
1279          (c) Priority of obtaining DNA specimens by the division from minors under Section
1280     53-10-403 who are committed to the legal custody of the division shall be:
1281          (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
1282     division's legal custody and who have not previously provided a DNA specimen under this
1283     section, [prior to] before termination of the division's legal custody of these minors; and
1284          (ii) second, to obtain specimens from minors who are placed in the legal custody of the
1285     division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
1286     division, if possible, but [not later than prior to] no later than before the termination of the
1287     court's jurisdiction over the [minor] minor's case.
1288          (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
1289     Justice Services, and all law enforcement agencies in the state shall by policy establish
1290     procedures for obtaining saliva DNA specimens, and shall provide training for employees
1291     designated to collect saliva DNA specimens.
1292          (b) (i) The department may designate correctional officers, including those employed
1293     by the adult probation and parole section of the department, to obtain the saliva DNA
1294     specimens required under this section.
1295          (ii) The department shall ensure that the designated employees receive appropriate
1296     training and that the specimens are obtained in accordance with accepted protocol.
1297          (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.

1298          Section 17. Section 53-10-407 is amended to read:
1299          53-10-407. DNA Specimen Restricted Account.
1300          (1) There is created the DNA Specimen Restricted Account, which is referred to in this
1301     section as "the account."
1302          (2) The sources of money for the account are:
1303          (a) DNA collection fees paid under Section 53-10-404;
1304          (b) any appropriations made to the account by the Legislature; and
1305          (c) all federal money provided to the state for the purpose of funding the collection or
1306     analysis of DNA specimens collected under Section 53-10-403.
1307          (3) The account shall earn interest, and this interest shall be deposited in the account.
1308          (4) The Legislature may appropriate money from the account solely for the following
1309     purposes:
1310          (a) to the Department of Corrections for the costs of collecting DNA specimens as
1311     required under Section 53-10-403;
1312          (b) to the juvenile court for the costs of collecting DNA specimens as required under
1313     Sections 53-10-403 and [78A-6-117] 80-6-608;
1314          (c) to the Division of Juvenile Justice Services for the costs of collecting DNA
1315     specimens as required under Sections 53-10-403 and [62A-7-104] 80-5-201; and
1316          (d) to the Department of Public Safety for the costs of:
1317          (i) storing and analyzing DNA specimens in accordance with the requirements of this
1318     part;
1319          (ii) DNA testing which cannot be performed by the Utah State Crime Lab, as provided
1320     in Subsection 78B-9-301(7); and
1321          (iii) reimbursing sheriffs for collecting the DNA specimens as provided under Sections
1322     53-10-404 and 53-10-404.5.
1323          (5) Appropriations from the account to the Department of Corrections, the juvenile
1324     court, the Division of Juvenile Justice Services, and to the Department of Public Safety are

1325     nonlapsing.
1326          Section 18. Section 53B-8d-102 is amended to read:
1327          53B-8d-102. Definitions.
1328          As used in this chapter:
1329          (1) "Division" means the Division of Child and Family Services.
1330          (2) "Long-term foster care" means an individual who remains in the custody of the
1331     division, whether or not the individual resides:
1332          (a) with licensed foster parents; or
1333          (b) in independent living arrangements under the supervision of the division.
1334          (3) "State institution of higher education" means:
1335          (a) an institution designated in Section 53B-1-102; or
1336          (b) a public institution that offers postsecondary education in consideration of the
1337     payment of tuition or fees for the attainment of educational or vocational objectives leading to
1338     a degree or certificate, including:
1339          (i) a business school;
1340          (ii) a technical school;
1341          (iii) a trade school; or
1342          (iv) an institution offering related apprenticeship programs.
1343          (4) "Tuition" means tuition at the rate for residents of the state.
1344          (5) "Ward of the state" means an individual:
1345          (a) who is:
1346          (i) at least 17 years [of age] old; and
1347          (ii) not older than 26 years [of age] old;
1348          (b) who had a permanency goal in the individual's child and family plan, as described
1349     in Sections 62A-4a-205 and [78A-6-314] 80-3-409, of long-term foster care while in the
1350     custody of the division; and
1351          (c) for whom the custody of the division was not terminated as a result of adoption.

1352          Section 19. Section 53E-3-513 is amended to read:
1353          53E-3-513. Parental permission required for specified in-home programs --
1354     Exceptions.
1355          (1) The state board, local school boards, school districts, and public schools are
1356     prohibited from requiring infant or preschool in-home literacy or other educational or parenting
1357     programs without obtaining parental permission in each individual case.
1358          (2) This section does not prohibit the Division of Child and Family Services, within the
1359     Department of Human Services, from providing or arranging for family preservation or other
1360     statutorily provided services in accordance with Title 62A, Chapter 4a, Child and Family
1361     Services, or any other in-home services that have been court ordered, [pursuant to] in
1362     accordance with Title 62A, Chapter 4a, Child and Family Services, or [Title 78A, Chapter 6,
1363     Juvenile Court Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or
1364     Chapter 4, Termination and Restoration of Parental Rights.
1365          Section 20. Section 53E-9-305 is amended to read:
1366          53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
1367     -- Written consent.
1368          (1) An education entity may not collect a student's:
1369          (a) social security number; or
1370          (b) except as required in Section [78A-6-112] 80-6-103, criminal record.
1371          (2) Except as provided in Subsection (3), an education entity that collects student data
1372     shall, in accordance with this section, prepare and distribute to parents and students a student
1373     data collection notice statement that:
1374          (a) is a prominent, stand-alone document;
1375          (b) is annually updated and published on the education entity's website;
1376          (c) states the student data that the education entity collects;
1377          (d) states that the education entity will not collect the student data described in
1378     Subsection (1);

1379          (e) states the student data described in Section 53E-9-308 that the education entity may
1380     not share without written consent;
1381          (f) includes the following statement:
1382          "The collection, use, and sharing of student data has both benefits and risks. Parents
1383     and students should learn about these benefits and risks and make choices regarding student
1384     data accordingly.";
1385          (g) describes in general terms how the education entity stores and protects student data;
1386     and
1387          (h) states a student's rights under this part.
1388          (3) The state board may publicly post the state board's collection notice described in
1389     Subsection (2).
1390          (4) An education entity may collect the necessary student data of a student if the
1391     education entity provides a student data collection notice to:
1392          (a) the student, if the student is an adult student; or
1393          (b) the student's parent, if the student is not an adult student.
1394          (5) An education entity may collect optional student data if the education entity:
1395          (a) provides, to an individual described in Subsection (4), a student data collection
1396     notice that includes a description of:
1397          (i) the optional student data to be collected; and
1398          (ii) how the education entity will use the optional student data; and
1399          (b) obtains written consent to collect the optional student data from an individual
1400     described in Subsection (4).
1401          (6) An education entity may collect a student's biometric identifier or biometric
1402     information if the education entity:
1403          (a) provides, to an individual described in Subsection (4), a biometric information
1404     collection notice that is separate from a student data collection notice, which states:
1405          (i) the biometric identifier or biometric information to be collected;

1406          (ii) the purpose of collecting the biometric identifier or biometric information; and
1407          (iii) how the education entity will use and store the biometric identifier or biometric
1408     information; and
1409          (b) obtains written consent to collect the biometric identifier or biometric information
1410     from an individual described in Subsection (4).
1411          (7) Except under the circumstances described in Subsection 53G-8-211(2), an
1412     education entity may not refer a student to an evidence-based alternative intervention described
1413     in Subsection 53G-8-211(3) without written consent.
1414          (8) Nothing in this section prohibits an education entity from including additional
1415     information related to student and parent privacy in the notice described in Subsection (2).
1416          Section 21. Section 53G-4-402 is amended to read:
1417          53G-4-402. Powers and duties generally.
1418          (1) A local school board shall:
1419          (a) implement the core standards for Utah public schools using instructional materials
1420     that best correlate to the core standards for Utah public schools and graduation requirements;
1421          (b) administer tests, required by the state board, which measure the progress of each
1422     student, and coordinate with the state superintendent and state board to assess results and create
1423     plans to improve the student's progress, which shall be submitted to the state board for
1424     approval;
1425          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1426     students that need remediation and determine the type and amount of federal, state, and local
1427     resources to implement remediation;
1428          (d) develop early warning systems for students or classes failing to make progress;
1429          (e) work with the state board to establish a library of documented best practices,
1430     consistent with state and federal regulations, for use by the local districts;
1431          (f) implement training programs for school administrators, including basic
1432     management training, best practices in instructional methods, budget training, staff

1433     management, managing for learning results and continuous improvement, and how to help
1434     every child achieve optimal learning in basic academic subjects; and
1435          (g) ensure that the local school board meets the data collection and reporting standards
1436     described in Section 53E-3-501.
1437          (2) Local school boards shall spend Minimum School Program funds for programs and
1438     activities for which the state board has established minimum standards or rules under Section
1439     53E-3-501.
1440          (3) (a) A local school board may purchase, sell, and make improvements on school
1441     sites, buildings, and equipment and construct, erect, and furnish school buildings.
1442          (b) School sites or buildings may only be conveyed or sold on local school board
1443     resolution affirmed by at least two-thirds of the members.
1444          (4) (a) A local school board may participate in the joint construction or operation of a
1445     school attended by children residing within the district and children residing in other districts
1446     either within or outside the state.
1447          (b) Any agreement for the joint operation or construction of a school shall:
1448          (i) be signed by the president of the local school board of each participating district;
1449          (ii) include a mutually agreed upon pro rata cost; and
1450          (iii) be filed with the state board.
1451          (5) A local school board may establish, locate, and maintain elementary, secondary,
1452     and applied technology schools.
1453          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
1454     in school who are at least five years [of age] old before September 2 of the year in which
1455     admission is sought.
1456          (7) A local school board may establish and support school libraries.
1457          (8) A local school board may collect damages for the loss, injury, or destruction of
1458     school property.
1459          (9) A local school board may authorize guidance and counseling services for children

1460     and their parents before, during, or following enrollment of the children in schools.
1461          (10) (a) A local school board shall administer and implement federal educational
1462     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
1463     Education Programs.
1464          (b) Federal funds are not considered funds within the school district budget under
1465     Chapter 7, Part 3, Budgets.
1466          (11) (a) A local school board may organize school safety patrols and adopt policies
1467     under which the patrols promote student safety.
1468          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1469     parental consent for the appointment.
1470          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1471     of a highway intended for vehicular traffic use.
1472          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
1473     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1474     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1475          (12) (a) A local school board may on its own behalf, or on behalf of an educational
1476     institution for which the local school board is the direct governing body, accept private grants,
1477     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
1478          (b) These contributions are not subject to appropriation by the Legislature.
1479          (13) (a) A local school board may appoint and fix the compensation of a compliance
1480     officer to issue citations for violations of Subsection 76-10-105(2)(b).
1481          (b) A person may not be appointed to serve as a compliance officer without the
1482     person's consent.
1483          (c) A teacher or student may not be appointed as a compliance officer.
1484          (14) A local school board shall adopt bylaws and policies for the local school board's
1485     own procedures.
1486          (15) (a) A local school board shall make and enforce policies necessary for the control

1487     and management of the district schools.
1488          (b) Local school board policies shall be in writing, filed, and referenced for public
1489     access.
1490          (16) A local school board may hold school on legal holidays other than Sundays.
1491          (17) (a) A local school board shall establish for each school year a school traffic safety
1492     committee to implement this Subsection (17).
1493          (b) The committee shall be composed of one representative of:
1494          (i) the schools within the district;
1495          (ii) the Parent Teachers' Association of the schools within the district;
1496          (iii) the municipality or county;
1497          (iv) state or local law enforcement; and
1498          (v) state or local traffic safety engineering.
1499          (c) The committee shall:
1500          (i) receive suggestions from school community councils, parents, teachers, and others
1501     and recommend school traffic safety improvements, boundary changes to enhance safety, and
1502     school traffic safety program measures;
1503          (ii) review and submit annually to the Department of Transportation and affected
1504     municipalities and counties a child access routing plan for each elementary, middle, and junior
1505     high school within the district;
1506          (iii) consult the Utah Safety Council and the Division of Family Health Services and
1507     provide training to all school children in kindergarten through grade 6, within the district, on
1508     school crossing safety and use; and
1509          (iv) help ensure the district's compliance with rules made by the Department of
1510     Transportation under Section 41-6a-303.
1511          (d) The committee may establish subcommittees as needed to assist in accomplishing
1512     its duties under Subsection (17)(c).
1513          (18) (a) A local school board shall adopt and implement a comprehensive emergency

1514     response plan to prevent and combat violence in the local school board's public schools, on
1515     school grounds, on its school vehicles, and in connection with school-related activities or
1516     events.
1517          (b) The plan shall:
1518          (i) include prevention, intervention, and response components;
1519          (ii) be consistent with the student conduct and discipline policies required for school
1520     districts under Chapter 11, Part 2, Miscellaneous Requirements;
1521          (iii) require professional learning for all district and school building staff on what their
1522     roles are in the emergency response plan;
1523          (iv) provide for coordination with local law enforcement and other public safety
1524     representatives in preventing, intervening, and responding to violence in the areas and activities
1525     referred to in Subsection (18)(a); and
1526          (v) include procedures to notify a student, to the extent practicable, who is off campus
1527     at the time of a school violence emergency because the student is:
1528          (A) participating in a school-related activity; or
1529          (B) excused from school for a period of time during the regular school day to
1530     participate in religious instruction at the request of the student's parent.
1531          (c) The state board, through the state superintendent, shall develop comprehensive
1532     emergency response plan models that local school boards may use, where appropriate, to
1533     comply with Subsection (18)(a).
1534          (d) A local school board shall, by July 1 of each year, certify to the state board that its
1535     plan has been practiced at the school level and presented to and reviewed by its teachers,
1536     administrators, students, and their parents and local law enforcement and public safety
1537     representatives.
1538          (19) (a) A local school board may adopt an emergency response plan for the treatment
1539     of sports-related injuries that occur during school sports practices and events.
1540          (b) The plan may be implemented by each secondary school in the district that has a

1541     sports program for students.
1542          (c) The plan may:
1543          (i) include emergency personnel, emergency communication, and emergency
1544     equipment components;
1545          (ii) require professional learning on the emergency response plan for school personnel
1546     who are involved in sports programs in the district's secondary schools; and
1547          (iii) provide for coordination with individuals and agency representatives who:
1548          (A) are not employees of the school district; and
1549          (B) would be involved in providing emergency services to students injured while
1550     participating in sports events.
1551          (d) The local school board, in collaboration with the schools referred to in Subsection
1552     (19)(b), may review the plan each year and make revisions when required to improve or
1553     enhance the plan.
1554          (e) The state board, through the state superintendent, shall provide local school boards
1555     with an emergency plan response model that local school boards may use to comply with the
1556     requirements of this Subsection (19).
1557          (20) A local school board shall do all other things necessary for the maintenance,
1558     prosperity, and success of the schools and the promotion of education.
1559          (21) (a) Before closing a school or changing the boundaries of a school, a local school
1560     board shall:
1561          (i) at least 120 days before approving the school closure or school boundary change,
1562     provide notice to the following that the local school board is considering the closure or
1563     boundary change:
1564          (A) parents of students enrolled in the school, using the same form of communication
1565     the local school board regularly uses to communicate with parents;
1566          (B) parents of students enrolled in other schools within the school district that may be
1567     affected by the closure or boundary change, using the same form of communication the local

1568     school board regularly uses to communicate with parents; and
1569          (C) the governing council and the mayor of the municipality in which the school is
1570     located;
1571          (ii) provide an opportunity for public comment on the proposed school closure or
1572     school boundary change during at least two public local school board meetings; and
1573          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
1574     the public hearing as described in Subsection (21)(b).
1575          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
1576          (i) indicate the:
1577          (A) school or schools under consideration for closure or boundary change; and
1578          (B) the date, time, and location of the public hearing;
1579          (ii) at least 10 days before the public hearing, be:
1580          (A) published:
1581          (I) in a newspaper of general circulation in the area; and
1582          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
1583          (B) posted in at least three public locations within the municipality in which the school
1584     is located on the school district's official website, and prominently at the school; and
1585          (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
1586     provided as described in Subsections (21)(a)(i)(A), (B), and (C).
1587          (22) A local school board may implement a facility energy efficiency program
1588     established under Title 11, Chapter 44, Performance Efficiency Act.
1589          (23) A local school board may establish or partner with a certified youth court
1590     [program, in accordance with Section 78A-6-1203,] in accordance with Section 80-6-902 or
1591     establish or partner with a comparable restorative justice program, in coordination with schools
1592     in that district. A school may refer a student to a youth court or a comparable restorative justice
1593     program in accordance with Section 53G-8-211.
1594          Section 22. Section 53G-6-206 is amended to read:

1595          53G-6-206. Duties of a local school board, charter school governing board, or
1596     school district in resolving attendance problems -- Parental involvement -- Liability not
1597     imposed -- Report to state board.
1598          (1) (a) Subject to Subsection (1)(b), a local school board, charter school governing
1599     board, or school district shall make efforts to resolve the school attendance problems of each
1600     school-age child who is, or should be, enrolled in the school district.
1601          (b) A school-age child exempt from school attendance under Section 53G-6-204 or
1602     53G-6-702 is not considered to be a school-age child who is or should be enrolled in a school
1603     district or charter school under Subsection (1)(a).
1604          (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
1605          (a) counseling of the school-age child by school authorities;
1606          (b) (i) issuing a notice of truancy to the school-age child in accordance with Section
1607     53G-6-203; or
1608          (ii) issuing a notice of compulsory education violation to the school-age child's parent
1609     in accordance with Section 53G-6-202;
1610          (c) making any necessary adjustment to the curriculum and schedule to meet special
1611     needs of the school-age child;
1612          (d) considering alternatives proposed by the school-age child's parent;
1613          (e) monitoring school attendance of the school-age child;
1614          (f) voluntary participation in truancy mediation, if available; and
1615          (g) providing the school-age child's parent, upon request, with a list of resources
1616     available to assist the parent in resolving the school-age child's attendance problems.
1617          (3) In addition to the efforts described in Subsection (2), the local school board, charter
1618     school governing board, or school district may enlist the assistance of community and law
1619     enforcement agencies as appropriate and reasonably feasible in accordance with Section
1620     53G-8-211.
1621          (4) This section does not impose civil liability on boards of education, local school

1622     boards, charter school governing boards, school districts, or their employees.
1623          (5) Proceedings initiated under this part do not obligate or preclude action by the
1624     Division of Child and Family Services under Section [78A-6-319] 53G-6-210.
1625          (6) Each LEA shall annually report the following data separately to the state board:
1626          (a) absences with a valid excuse; and
1627          (b) absences without a valid excuse.
1628          Section 23. Section 53G-6-208 is amended to read:
1629          53G-6-208. Taking custody of a person believed to be a truant minor --
1630     Disposition -- Reports -- Immunity from liability.
1631          (1) A peace officer or public school administrator may take a minor into temporary
1632     custody if there is reason to believe the minor is a truant minor.
1633          (2) An individual taking a presumed truant minor into custody under Subsection (1)
1634     shall, without unnecessary delay, release the minor to:
1635          (a) the principal of the minor's school;
1636          (b) a person who has been designated by the local school board or charter school
1637     governing board to receive and return the minor to school; or
1638          (c) a truancy center established under Subsection (5).
1639          (3) If the minor refuses to return to school or go to the truancy center, the officer or
1640     administrator shall, without unnecessary delay, notify the minor's parents and release the minor
1641     to their custody.
1642          (4) If the parents cannot be reached or are unable or unwilling to accept custody and
1643     none of the options in Subsection (2) are available, the minor shall be referred to the Division
1644     of Child and Family Services.
1645          (5) (a) (i) A local school board or charter school governing board, singly or jointly with
1646     another school board, may establish or designate truancy centers within existing school
1647     buildings and staff the centers with existing teachers or staff to provide educational guidance
1648     and counseling for truant minors.

1649          (ii) Upon receipt of a truant minor, the center shall, without unnecessary delay, notify
1650     and direct the minor's parents to come to the center, pick up the minor, and return the minor to
1651     the school in which the minor is enrolled.
1652          (b) (i) If the parents cannot be reached or are unable or unwilling to comply with the
1653     request within a reasonable time, the center shall take such steps as are reasonably necessary to
1654     insure the safety and well being of the minor, including, when appropriate, returning the minor
1655     to school or referring the minor to the Division of Child and Family Services.
1656          (ii) A minor taken into custody under this section may not be placed in a detention
1657     center or other secure confinement facility.
1658          (6) (a) Action taken under this section shall be reported to the appropriate school
1659     district.
1660          (b) The district shall promptly notify the minor's parents of the action taken.
1661          (7) The Utah Governmental Immunity Act applies to all actions taken under this
1662     section.
1663          (8) Nothing in this section may be construed to grant authority to a public school
1664     administrator to place a minor in the custody of the Division of Child and Family Services,
1665     without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and [Title 78A,
1666     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings] Title 80, Chapter 3, Abuse,
1667     Neglect, and Dependency Proceedings.
1668          Section 24. Section 53G-8-211 is amended to read:
1669          53G-8-211. Responses to school-based behavior.
1670          (1) As used in this section:
1671          (a) "Evidence-based" means a program or practice that has:
1672          (i) had multiple randomized control studies or a meta-analysis demonstrating that the
1673     program or practice is effective for a specific population;
1674          (ii) been rated as effective by a standardized program evaluation tool; or
1675          (iii) been approved by the state board.

1676          (b) "Habitual truant" means a school-age child who:
1677          (i) is in grade 7 or above, unless the school-age child is less than 12 years old;
1678          (ii) is subject to the requirements of Section 53G-6-202; and
1679          (iii) (A) is truant at least 10 times during one school year; or
1680          (B) fails to cooperate with efforts on the part of school authorities to resolve the
1681     school-age child's attendance problem as required under Section 53G-6-206.
1682          (c) "Minor" means the same as that term is defined in Section [78A-6-105] 80-1-102.
1683          (d) "Mobile crisis outreach team" means the same as that term is defined in Section
1684     [78A-6-105] 62A-15-102.
1685          (e) "Prosecuting attorney" means the same as that term is defined in Subsections
1686     [78A-6-105(46)(b) and (c)] 80-1-102(58)(b) and (c).
1687          (f) "Restorative justice program" means a school-based program or a program used or
1688     adopted by a local education agency that is designed:
1689          (i) to enhance school safety, reduce school suspensions, and limit referrals to law
1690     enforcement agencies and courts; and
1691          (ii) to help minors take responsibility for and repair harmful behavior that occurs in
1692     school.
1693          (g) "School administrator" means a principal of a school.
1694          (h) "School is in session" means a day during which the school conducts instruction for
1695     which student attendance is counted toward calculating average daily membership.
1696          (i) "School resource officer" means a law enforcement officer, as defined in Section
1697     53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
1698     with a local education agency to provide law enforcement services for the local education
1699     agency.
1700          (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
1701          (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
1702     clinic, or other event or activity that is authorized by a specific local education agency or public

1703     school, according to LEA governing board policy, and satisfies at least one of the following
1704     conditions:
1705          (A) the activity is managed or supervised by a local education agency or public school,
1706     or local education agency or public school employee;
1707          (B) the activity uses the local education agency's or public school's facilities,
1708     equipment, or other school resources; or
1709          (C) the activity is supported or subsidized, more than inconsequentially, by public
1710     funds, including the public school's activity funds or Minimum School Program dollars.
1711          (ii) "School-sponsored activity" includes preparation for and involvement in a public
1712     performance, contest, athletic competition, demonstration, display, or club activity.
1713          (l) (i) "Status offense" means an offense that would not be an offense but for the age of
1714     the offender.
1715          (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
1716     felony.
1717          (2) This section applies to a minor enrolled in school who is alleged to have committed
1718     an offense at the school where the student is enrolled:
1719          (a) on school property where the student is enrolled:
1720          (i) when school is in session; or
1721          (ii) during a school-sponsored activity; or
1722          (b) that is truancy.
1723          (3) (a) Except as provided in Subsections (3)(e) and (5), if a minor is alleged to have
1724     committed an offense that is a class C misdemeanor, an infraction, a status offense on school
1725     property, or an offense that is truancy:
1726          (i) a school district or school may not refer the minor to a law enforcement officer or
1727     agency or a court; and
1728          (ii) a law enforcement officer or agency may not refer the minor to a prosecuting
1729     attorney or a court.

1730          (b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
1731     offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
1732     offense that is truancy, a school district, school, or law enforcement officer or agency may refer
1733     the minor to evidence-based alternative interventions, including:
1734          (i) a mobile crisis outreach team[, as defined in Section 78A-6-105];
1735          (ii) a youth services center [operated by the Division of Juvenile Justice Services in
1736     accordance with Section 62A-7-104] as defined in Section 80-5-102;
1737          (iii) a youth court or comparable restorative justice program;
1738          (iv) evidence-based interventions created and developed by the school or school
1739     district; and
1740          (v) other evidence-based interventions that may be jointly created and developed by a
1741     local education agency, the state board, the juvenile court, local counties and municipalities,
1742     the Department of Health, or the Department of Human Services.
1743          (c) Notwithstanding Subsection (3)(a), a school resource officer may:
1744          (i) investigate possible criminal offenses and conduct, including conducting probable
1745     cause searches;
1746          (ii) consult with school administration about the conduct of a minor enrolled in a
1747     school;
1748          (iii) transport a minor enrolled in a school to a location if the location is permitted by
1749     law;
1750          (iv) take temporary custody of a minor in accordance with [Subsection] Section
1751     [78A-6-112(1)] 80-6-201; or
1752          (v) protect the safety of students and the school community, including the use of
1753     reasonable and necessary physical force when appropriate based on the totality of the
1754     circumstances.
1755          (d) Notwithstanding other provisions of this section, if a law enforcement officer has
1756     cause to believe a minor has committed an offense on school property when school is not in

1757     session and not during a school-sponsored activity, the law enforcement officer may refer the
1758     minor to:
1759          (i) a prosecuting attorney or a court; or
1760          (ii) evidence-based alternative interventions at the discretion of the law enforcement
1761     officer.
1762          (e) If a minor is alleged to have committed a traffic offense that is an infraction, a
1763     school district, a school, or a law enforcement officer or agency may refer the minor to a
1764     prosecuting attorney or a court for the traffic offense.
1765          (4) A school district or school shall refer a minor for prevention and early intervention
1766     youth services, as described in Section [62A-7-104] 80-5-201, by the Division of Juvenile
1767     Justice Services for a class C misdemeanor committed on school property or for being a
1768     habitual truant if the minor refuses to participate in an evidence-based alternative intervention
1769     described in Subsection (3)(b).
1770          (5) A school district or school may refer a minor to a court or a law enforcement officer
1771     or agency for an alleged class C misdemeanor committed on school property or for allegedly
1772     being a habitual truant[, as defined in Section 53G-6-201,] if the minor:
1773          (a) refuses to participate in an evidence-based alternative intervention under Subsection
1774     (3)(b); and
1775          (b) fails to participate in prevention and early intervention youth services provided by
1776     the Division of Juvenile Justice Services under Subsection (4).
1777          (6) (a) If a minor is referred to a court or a law enforcement officer or agency under
1778     Subsection (5), the school shall appoint a school representative to continue to engage with the
1779     minor and the minor's family through the court process.
1780          (b) A school representative appointed under Subsection (6)(a) may not be a school
1781     resource officer.
1782          (c) A school district or school shall include the following in the school district's or
1783     school's referral to the court or the law enforcement officer or agency:

1784          (i) attendance records for the minor;
1785          (ii) a report of evidence-based alternative interventions used by the school before the
1786     referral, including outcomes;
1787          (iii) the name and contact information of the school representative assigned to actively
1788     participate in the court process with the minor and the minor's family;
1789          (iv) a report from the Division of Juvenile Justice Services that demonstrates the
1790     minor's failure to complete or participate in prevention and early intervention youth services
1791     under Subsection (4); and
1792          (v) any other information that the school district or school considers relevant.
1793          (d) A minor referred to a court under Subsection (5) may not be ordered to or placed in
1794     secure detention, including for a contempt charge or violation of a valid court order under
1795     Section [78A-6-1101] 78A-6-353, when the underlying offense is a class C misdemeanor
1796     occurring on school property or habitual truancy.
1797          (e) If a minor is referred to a court under Subsection (5), the court may use, when
1798     available, the resources of the Division of Juvenile Justice Services or the Division of
1799     Substance Abuse and Mental Health to address the minor.
1800          (7) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
1801     school administrator, the school administrator's designee, or a school resource officer may refer
1802     the minor directly to a juvenile court or to the evidence-based alternative interventions in
1803     Subsection (3)(b).
1804          Section 25. Section 53G-8-212 is amended to read:
1805          53G-8-212. Defacing or damaging school property -- Student's liability -- Work
1806     program alternative.
1807          (1) A student who willfully defaces or otherwise damages any school property may be
1808     suspended or otherwise disciplined.
1809          (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
1810     damaged, the school may withhold the issuance of an official written grade report, diploma, or

1811     transcript of the student responsible for the damage or loss until the student or the student's
1812     parent has paid for the damages.
1813          (b) The student's parent is liable for damages as otherwise provided in Section
1814     [78A-6-1113] 80-6-610.
1815          (3) (a) If the student and the student's parent are unable to pay for the damages or if it is
1816     determined by the school in consultation with the student's parent that the student's interests
1817     would not be served if the parent were to pay for the damages, the school shall provide for a
1818     program of work the student may complete in lieu of the payment.
1819          (b) The school shall release the official grades, diploma, and transcripts of the student
1820     upon completion of the work.
1821          (4) Before any penalties are assessed under this section, the school shall adopt
1822     procedures to ensure that the student's right to due process is protected.
1823          (5) No penalty may be assessed for damages which may be reasonably attributed to
1824     normal wear and tear.
1825          (6) If the Department of Human Services or a licensed child-placing agency has been
1826     granted custody of the student, the student's records, if requested by the department or agency,
1827     may not be withheld from the department or agency for nonpayment of damages under this
1828     section.
1829          Section 26. Section 53G-8-402 is amended to read:
1830          53G-8-402. Notification by juvenile court and law enforcement agencies.
1831          (1) Notifications received from the juvenile court or law enforcement agencies by the
1832     school district [pursuant to Subsections 78A-6-112(3)(b) and 78A-6-117(1)(c)] under Section
1833     80-6-103 are governed by this part.
1834          (2) School districts may enter into agreements with law enforcement agencies for
1835     notification under Subsection (1).
1836          Section 27. Section 53G-8-405 is amended to read:
1837          53G-8-405. Liability for release of information.

1838          (1) The district superintendent, principal, and any staff member notified by the
1839     principal may not be held liable for information which may become public knowledge unless it
1840     can be shown by clear and convincing evidence that the information became public knowledge
1841     through an intentional act of the superintendent, principal, or a staff member.
1842          (2) A person receiving information under [Subsection 78A-6-112(3)(b) or
1843     78A-6-117(1)(c), or] Section 53G-8-403 or 80-6-103 is immune from any liability, civil or
1844     criminal, for acting or failing to act in response to the information unless the person acts or
1845     fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
1846          Section 28. Section 53G-9-209 is amended to read:
1847          53G-9-209. Child abuse or neglect reporting requirement.
1848          (1) As used in this section:
1849          (a) "Educational neglect" means the same as that term is defined in Section
1850     [78A-6-105] 80-1-102.
1851          (b) "School personnel" means the same as that term is defined in Section 53G-9-203.
1852          (2) School personnel shall comply with the child abuse and neglect reporting
1853     requirements described in Section 62A-4a-403.
1854          (3) When school personnel have reason to believe that a child may be subject to
1855     educational neglect, school personnel shall submit the report described in Subsection
1856     53G-6-202(8) to the Division of Child and Family Services.
1857          (4) When school personnel have reason to believe that a child is subject to both
1858     educational neglect and another form of neglect or abuse, school personnel may not wait to
1859     report the other form of neglect or abuse pending preparation of a report regarding educational
1860     neglect.
1861          (5) School personnel shall cooperate with the Division of Child and Family Services
1862     and share all information with the division that is relevant to the division's investigation of an
1863     allegation of abuse or neglect.
1864          Section 29. Section 53G-11-410 is amended to read:

1865          53G-11-410. Reference check requirements for LEA applicants and volunteers.
1866          (1) As used in this section:
1867          (a) "Child" means an individual who is younger than 18 years old.
1868          (b) "LEA applicant" means an applicant for employment by an LEA.
1869          (c) "Physical abuse" means the same as that term is defined in Section [78A-6-105]
1870     80-1-102.
1871          (d) "Potential volunteer" means an individual who:
1872          (i) has volunteered for but not yet fulfilled an unsupervised volunteer assignment; and
1873          (ii) during the last three years, has worked in a qualifying position.
1874          (e) "Qualifying position" means paid employment that requires the employee to
1875     directly care for, supervise, control, or have custody of a child.
1876          (f) "Sexual abuse" means the same as that term is defined in Section [78A-6-105]
1877     80-1-102.
1878          (g) "Student" means an individual who:
1879          (i) is enrolled in an LEA in any grade from preschool through grade 12; or
1880          (ii) receives special education services from an LEA under the Individuals with
1881     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
1882          (h) "Unsupervised volunteer assignment" means a volunteer assignment at an LEA that
1883     allows the volunteer significant unsupervised access to a student.
1884          (2) (a) Before hiring an LEA applicant or giving an unsupervised volunteer assignment
1885     to a potential volunteer, an LEA shall:
1886          (i) require the LEA applicant or potential volunteer to sign a release authorizing the
1887     LEA applicant or potential volunteer's previous qualifying position employers to disclose
1888     information regarding any employment action taken or discipline imposed for the physical
1889     abuse or sexual abuse of a child or student by the LEA applicant or potential volunteer;
1890          (ii) for an LEA applicant, request that the LEA applicant's most recent qualifying
1891     position employer disclose information regarding any employment action taken or discipline

1892     imposed for the physical abuse or sexual abuse of a child or student by the LEA applicant;
1893          (iii) for a potential volunteer, request that the potential volunteer's most recent
1894     qualifying position employer disclose information regarding any employment action taken or
1895     discipline imposed for the physical abuse or sexual abuse of a child or student by the potential
1896     volunteer; and
1897          (iv) document the efforts taken to make a request described in Subsection (2)(a)(ii) or
1898     (iii).
1899          (b) An LEA may not hire an LEA applicant who does not sign a release described in
1900     Subsection (2)(a)(i).
1901          (c) An LEA may not give an unsupervised volunteer assignment to a potential
1902     volunteer who does not sign a release described in Subsection (2)(a)(i).
1903          (d) An LEA shall request information under Subsection (2)(a)(ii) or (iii) before:
1904          (i) hiring an LEA applicant; or
1905          (ii) giving an unsupervised volunteer assignment to a potential volunteer.
1906          (e) In accordance with state and federal law, an LEA may request from an LEA
1907     applicant or potential volunteer other information the LEA determines is relevant.
1908          (3) (a) An LEA that receives a request described in Subsection (2)(a)(ii) or (iii) shall
1909     respond to the request within 20 business days after the day on which the LEA received the
1910     request.
1911          (b) If an LEA or other employer in good faith discloses information that is within the
1912     scope of a request described in Subsection (2)(a)(ii) or (iii), the LEA or other employer is
1913     immune from civil and criminal liability for the disclosure.
1914          Section 30. Section 58-37-6 is amended to read:
1915          58-37-6. License to manufacture, produce, distribute, dispense, administer, or
1916     conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
1917     required -- Prescriptions.
1918          (1) (a) The division may adopt rules relating to the licensing and control of the

1919     manufacture, distribution, production, prescription, administration, dispensing, conducting of
1920     research with, and performing of laboratory analysis upon controlled substances within this
1921     state.
1922          (b) The division may assess reasonable fees to defray the cost of issuing original and
1923     renewal licenses under this chapter pursuant to Section 63J-1-504.
1924          (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
1925     administers, conducts research with, or performs laboratory analysis upon any controlled
1926     substance in Schedules I through V within this state, or who proposes to engage in
1927     manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
1928     research with, or performing laboratory analysis upon controlled substances included in
1929     Schedules I through V within this state shall obtain a license issued by the division.
1930          (ii) The division shall issue each license under this chapter in accordance with a
1931     two-year renewal cycle established by rule. The division may by rule extend or shorten a
1932     renewal period by as much as one year to stagger the renewal cycles it administers.
1933          (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
1934     administer, conduct research with, or perform laboratory analysis upon controlled substances in
1935     Schedules I through V within this state may possess, manufacture, produce, distribute,
1936     prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
1937     those substances to the extent authorized by their license and in conformity with this chapter.
1938          (c) The following persons are not required to obtain a license and may lawfully possess
1939     controlled substances included in Schedules II through V under this section:
1940          (i) an agent or employee, except a sales representative, of any registered manufacturer,
1941     distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
1942     usual course of the agent or employee's business or employment; however, nothing in this
1943     subsection shall be interpreted to permit an agent, employee, sales representative, or detail man
1944     to maintain an inventory of controlled substances separate from the location of the person's
1945     employer's registered and licensed place of business;

1946          (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
1947     warehouseman, who possesses a controlled substance in the usual course of the person's
1948     business or employment; and
1949          (iii) an ultimate user, or a person who possesses any controlled substance pursuant to a
1950     lawful order of a practitioner.
1951          (d) The division may enact rules waiving the license requirement for certain
1952     manufacturers, producers, distributors, prescribers, dispensers, administrators, research
1953     practitioners, or laboratories performing analysis if waiving the license requirement is
1954     consistent with public health and safety.
1955          (e) A separate license is required at each principal place of business or professional
1956     practice where the applicant manufactures, produces, distributes, dispenses, conducts research
1957     with, or performs laboratory analysis upon controlled substances.
1958          (f) The division may enact rules providing for the inspection of a licensee or applicant's
1959     establishment, and may inspect the establishment according to those rules.
1960          (3) (a) (i) Upon proper application, the division shall license a qualified applicant to
1961     manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
1962     controlled substances included in Schedules I through V, unless it determines that issuance of a
1963     license is inconsistent with the public interest.
1964          (ii) The division may not issue a license to any person to prescribe, dispense, or
1965     administer a Schedule I controlled substance except under Subsection (3)(a)(i).
1966          (iii) In determining public interest under this Subsection (3)(a), the division shall
1967     consider whether the applicant has:
1968          (A) maintained effective controls against diversion of controlled substances and any
1969     Schedule I or II substance compounded from any controlled substance into channels other than
1970     legitimate medical, scientific, or industrial channels;
1971          (B) complied with applicable state and local law;
1972          (C) been convicted under federal or state laws relating to the manufacture, distribution,

1973     or dispensing of substances;
1974          (D) past experience in the manufacture of controlled dangerous substances;
1975          (E) established effective controls against diversion; and
1976          (F) complied with any other factors that the division establishes that promote the public
1977     health and safety.
1978          (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
1979     produce, distribute, conduct research with, or perform laboratory analysis upon controlled
1980     substances in Schedule I other than those specified in the license.
1981          (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
1982     substances in Schedules II through V if they are authorized to administer, dispense, or conduct
1983     research under the laws of this state.
1984          (ii) The division need not require a separate license for practitioners engaging in
1985     research with nonnarcotic controlled substances in Schedules II through V where the licensee is
1986     already licensed under this chapter in another capacity.
1987          (iii) With respect to research involving narcotic substances in Schedules II through V,
1988     or where the division by rule requires a separate license for research of nonnarcotic substances
1989     in Schedules II through V, a practitioner shall apply to the division prior to conducting
1990     research.
1991          (iv) Licensing for purposes of bona fide research with controlled substances by a
1992     practitioner considered qualified may be denied only on a ground specified in Subsection (4),
1993     or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
1994     adequately the practitioner's supply of substances against diversion from medical or scientific
1995     use.
1996          (v) Practitioners registered under federal law to conduct research in Schedule I
1997     substances may conduct research in Schedule I substances within this state upon providing the
1998     division with evidence of federal registration.
1999          (d) Compliance by manufacturers, producers, and distributors with the provisions of

2000     federal law respecting registration, excluding fees, entitles them to be licensed under this
2001     chapter.
2002          (e) The division shall initially license those persons who own or operate an
2003     establishment engaged in the manufacture, production, distribution, dispensation, or
2004     administration of controlled substances prior to April 3, 1980, and who are licensed by the
2005     state.
2006          (4) (a) Any license issued pursuant to Subsection (2) or (3) may be denied, suspended,
2007     placed on probation, or revoked by the division upon finding that the applicant or licensee has:
2008          (i) materially falsified any application filed or required pursuant to this chapter;
2009          (ii) been convicted of an offense under this chapter or any law of the United States, or
2010     any state, relating to any substance defined as a controlled substance;
2011          (iii) been convicted of a felony under any other law of the United States or any state
2012     within five years of the date of the issuance of the license;
2013          (iv) had a federal registration or license denied, suspended, or revoked by competent
2014     federal authority and is no longer authorized to manufacture, distribute, prescribe, or dispense
2015     controlled substances;
2016          (v) had the licensee's license suspended or revoked by competent authority of another
2017     state for violation of laws or regulations comparable to those of this state relating to the
2018     manufacture, distribution, or dispensing of controlled substances;
2019          (vi) violated any division rule that reflects adversely on the licensee's reliability and
2020     integrity with respect to controlled substances;
2021          (vii) refused inspection of records required to be maintained under this chapter by a
2022     person authorized to inspect them; or
2023          (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
2024     purpose of manipulating human hormonal structure so as to:
2025          (A) increase muscle mass, strength, or weight without medical necessity and without a
2026     written prescription by any practitioner in the course of the practitioner's professional practice;

2027     or
2028          (B) improve performance in any form of human exercise, sport, or game.
2029          (b) The division may limit revocation or suspension of a license to a particular
2030     controlled substance with respect to which grounds for revocation or suspension exist.
2031          (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
2032     this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
2033     Occupational and Professional Licensing Act, and conducted in conjunction with the
2034     appropriate representative committee designated by the director of the department.
2035          (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
2036     Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
2037     except where the division is designated by law to perform those functions, or, when not
2038     designated by law, is designated by the executive director of the Department of Commerce to
2039     conduct the proceedings.
2040          (d) (i) The division may suspend any license simultaneously with the institution of
2041     proceedings under this section if it finds there is an imminent danger to the public health or
2042     safety.
2043          (ii) Suspension shall continue in effect until the conclusion of proceedings, including
2044     judicial review, unless withdrawn by the division or dissolved by a court of competent
2045     jurisdiction.
2046          (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
2047     substances owned or possessed by the licensee may be placed under seal in the discretion of the
2048     division.
2049          (ii) Disposition may not be made of substances under seal until the time for taking an
2050     appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
2051     orders the sale of perishable substances and the proceeds deposited with the court.
2052          (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
2053          (f) The division shall notify promptly the Drug Enforcement Administration of all

2054     orders suspending or revoking a license and all forfeitures of controlled substances.
2055          (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
2056     surrendered, or suspended, the division shall immediately suspend the individual's controlled
2057     substance license, which shall only be reinstated by the division upon reinstatement of the
2058     federal registration, unless the division has taken further administrative action under
2059     Subsection (4)(a)(iv), which would be grounds for the continued denial of the controlled
2060     substance license.
2061          (5) (a) A person licensed under Subsection (2) or (3) shall maintain records and
2062     inventories in conformance with the record keeping and inventory requirements of federal and
2063     state law and any additional rules issued by the division.
2064          (b) (i) A physician, dentist, naturopathic physician, veterinarian, practitioner, or other
2065     individual who is authorized to administer or professionally use a controlled substance shall
2066     keep a record of the drugs received by the individual and a record of all drugs administered,
2067     dispensed, or professionally used by the individual otherwise than by a prescription.
2068          (ii) An individual using small quantities or solutions or other preparations of those
2069     drugs for local application has complied with this Subsection (5)(b) if the individual keeps a
2070     record of the quantity, character, and potency of those solutions or preparations purchased or
2071     prepared by the individual, and of the dates when purchased or prepared.
2072          (6) Controlled substances in Schedules I through V may be distributed only by a
2073     licensee and pursuant to an order form prepared in compliance with division rules or a lawful
2074     order under the rules and regulations of the United States.
2075          (7) (a) An individual may not write or authorize a prescription for a controlled
2076     substance unless the individual is:
2077          (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
2078     or under the laws of another state having similar standards; and
2079          (ii) licensed under this chapter or under the laws of another state having similar
2080     standards.

2081          (b) An individual other than a pharmacist licensed under the laws of this state, or the
2082     pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not
2083     dispense a controlled substance.
2084          (c) (i) A controlled substance may not be dispensed without the written prescription of
2085     a practitioner, if the written prescription is required by the federal Controlled Substances Act.
2086          (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
2087     conformity with Subsection (7)(d).
2088          (iii) In emergency situations, as defined by division rule, controlled substances may be
2089     dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
2090     designated by the division and filed by the pharmacy.
2091          (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
2092     Subsection (7)(d).
2093          (d) Except for emergency situations designated by the division, an individual may not
2094     issue, fill, compound, or dispense a prescription for a controlled substance unless the
2095     prescription is signed by the prescriber in ink or indelible pencil or is signed with an electronic
2096     signature of the prescriber as authorized by division rule, and contains the following
2097     information:
2098          (i) the name, address, and registry number of the prescriber;
2099          (ii) the name, address, and age of the person to whom or for whom the prescription is
2100     issued;
2101          (iii) the date of issuance of the prescription; and
2102          (iv) the name, quantity, and specific directions for use by the ultimate user of the
2103     controlled substance.
2104          (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
2105     controlled substance unless:
2106          (i) the individual who writes the prescription is licensed under Subsection (2); and
2107          (ii) the prescribed controlled substance is to be used in research.

2108          (f) Except when administered directly to an ultimate user by a licensed practitioner,
2109     controlled substances are subject to the restrictions of this Subsection (7)(f).
2110          (i) A prescription for a Schedule II substance may not be refilled.
2111          (ii) A Schedule II controlled substance may not be filled in a quantity to exceed a
2112     one-month's supply, as directed on the daily dosage rate of the prescriptions.
2113          (iii) (A) Except as provided in Subsection (7)(f)(iii)(B), a prescription for a Schedule II
2114     or Schedule III controlled substance that is an opiate and that is issued for an acute condition
2115     shall be completely or partially filled in a quantity not to exceed a seven-day supply as directed
2116     on the daily dosage rate of the prescription.
2117          (B) Subsection (7)(f)(iii)(A) does not apply to a prescription issued for a surgery when
2118     the practitioner determined that a quantity exceeding seven days is needed, in which case the
2119     practitioner may prescribe up to a 30-day supply, with a partial fill at the discretion of the
2120     practitioner.
2121          (C) Subsection (7)(f)(iii)(A) does not apply to prescriptions issued for complex or
2122     chronic conditions which are documented as being complex or chronic in the medical record.
2123          (D) A pharmacist is not required to verify that a prescription is in compliance with
2124     Subsection (7)(f)(iii).
2125          (iv) A Schedule III or IV controlled substance may be filled only within six months of
2126     issuance, and may not be refilled more than six months after the date of its original issuance or
2127     be refilled more than five times after the date of the prescription unless renewed by the
2128     practitioner.
2129          (v) All other controlled substances in Schedule V may be refilled as the prescriber's
2130     prescription directs, but they may not be refilled one year after the date the prescription was
2131     issued unless renewed by the practitioner.
2132          (vi) Any prescription for a Schedule II substance may not be dispensed if it is not
2133     presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
2134     after the date the prescription was issued, or 30 days after the dispensing date, if that date is

2135     specified separately from the date of issue.
2136          (vii) A practitioner may issue more than one prescription at the same time for the same
2137     Schedule II controlled substance, but only under the following conditions:
2138          (A) no more than three prescriptions for the same Schedule II controlled substance may
2139     be issued at the same time;
2140          (B) no one prescription may exceed a 30-day supply; and
2141          (C) a second or third prescription shall include the date of issuance and the date for
2142     dispensing.
2143          (g) (i) Beginning January 1, 2022, each prescription issued for a controlled substance
2144     shall be transmitted electronically as an electronic prescription unless the prescription is:
2145          (A) for a patient residing in an assisted living facility as that term is defined in Section
2146     26-21-2, a long-term care facility as that term is defined in Section 58-31b-102, or a
2147     correctional facility as that term is defined in Section 64-13-1;
2148          (B) issued by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice
2149     Act;
2150          (C) dispensed by a Department of Veterans Affairs pharmacy;
2151          (D) issued during a temporary technical or electronic failure at the practitioner's or
2152     pharmacy's location; or
2153          (E) issued in an emergency situation.
2154          (ii) The division, in collaboration with the appropriate boards that govern the licensure
2155     of the licensees who are authorized by the division to prescribe or to dispense controlled
2156     substances, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2157     Rulemaking Act to:
2158          (A) require that controlled substances prescribed or dispensed under Subsection
2159     (7)(g)(i)(D) indicate on the prescription that the prescribing practitioner or the [pharamacy]
2160     pharmacy is experiencing a technical difficulty or an electronic failure;
2161          (B) define an emergency situation for purposes of Subsection (7)(g)(i)(E);

2162          (C) establish additional exemptions to the electronic prescription requirements
2163     established in this Subsection (7)(g);
2164          (D) establish guidelines under which a prescribing practitioner or a pharmacy may
2165     obtain an extension of up to two additional years to comply with Subsection (7)(g)(i);
2166          (E) establish a protocol to follow if the pharmacy that receives the electronic
2167     prescription is not able to fill the prescription; and
2168          (F) establish requirements that comply with federal laws and regulations for software
2169     used to issue and dispense electronic prescriptions.
2170          (h) An order for a controlled substance in Schedules II through V for use by an
2171     inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
2172     Subsection (7) if the order is:
2173          (i) issued or made by a prescribing practitioner who holds an unrestricted registration
2174     with the federal Drug Enforcement Administration, and an active Utah controlled substance
2175     license in good standing issued by the division under this section, or a medical resident who is
2176     exempted from licensure under Subsection 58-1-307(1)(c);
2177          (ii) authorized by the prescribing practitioner treating the patient and the prescribing
2178     practitioner designates the quantity ordered;
2179          (iii) entered upon the record of the patient, the record is signed by the prescriber
2180     affirming the prescriber's authorization of the order within 48 hours after filling or
2181     administering the order, and the patient's record reflects the quantity actually administered; and
2182          (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
2183     the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
2184     the hospital and the amount taken from the supply is administered directly to the patient
2185     authorized to receive it.
2186          (i) A practitioner licensed under this chapter may not prescribe, administer, or dispense
2187     a controlled substance to a child, without first obtaining the consent required in Section
2188     78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except in cases

2189     of an emergency. For purposes of Subsection (7)(i), "child" has the same meaning as defined
2190     in Section [78A-6-105] 80-1-102, and "emergency" means any physical condition requiring the
2191     administration of a controlled substance for immediate relief of pain or suffering.
2192          (j) A practitioner licensed under this chapter may not prescribe or administer dosages
2193     of a controlled substance in excess of medically recognized quantities necessary to treat the
2194     ailment, malady, or condition of the ultimate user.
2195          (k) A practitioner licensed under this chapter may not prescribe, administer, or
2196     dispense any controlled substance to another person knowing that the other person is using a
2197     false name, address, or other personal information for the purpose of securing the controlled
2198     substance.
2199          (l) A person who is licensed under this chapter to manufacture, distribute, or dispense a
2200     controlled substance may not manufacture, distribute, or dispense a controlled substance to
2201     another licensee or any other authorized person not authorized by this license.
2202          (m) A person licensed under this chapter may not omit, remove, alter, or obliterate a
2203     symbol required by this chapter or by a rule issued under this chapter.
2204          (n) A person licensed under this chapter may not refuse or fail to make, keep, or
2205     furnish any record notification, order form, statement, invoice, or information required under
2206     this chapter.
2207          (o) A person licensed under this chapter may not refuse entry into any premises for
2208     inspection as authorized by this chapter.
2209          (p) A person licensed under this chapter may not furnish false or fraudulent material
2210     information in any application, report, or other document required to be kept by this chapter or
2211     willfully make any false statement in any prescription, order, report, or record required by this
2212     chapter.
2213          (8) (a) (i) Any person licensed under this chapter who is found by the division to have
2214     violated any of the provisions of Subsections (7)(k) through (o) or Subsection (10) is subject to
2215     a penalty not to exceed $5,000. The division shall determine the procedure for adjudication of

2216     any violations in accordance with Sections 58-1-106 and 58-1-108.
2217          (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
2218     General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
2219          (iii) The director may collect a penalty that is not paid by:
2220          (A) referring the matter to a collection agency; or
2221          (B) bringing an action in the district court of the county where the person against
2222     whom the penalty is imposed resides or in the county where the office of the director is located.
2223          (iv) A county attorney or the attorney general of the state shall provide legal assistance
2224     and advice to the director in an action to collect a penalty.
2225          (v) A court shall award reasonable attorney fees and costs to the prevailing party in an
2226     action brought by the division to collect a penalty.
2227          (b) Any person who knowingly and intentionally violates Subsections (7)(h) through (j)
2228     or Subsection (10) is:
2229          (i) upon first conviction, guilty of a class B misdemeanor;
2230          (ii) upon second conviction, guilty of a class A misdemeanor; and
2231          (iii) on third or subsequent conviction, guilty of a third degree felony.
2232          (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
2233     (o) shall upon conviction be guilty of a third degree felony.
2234          (9) Any information communicated to any licensed practitioner in an attempt to
2235     unlawfully procure, or to procure the administration of, a controlled substance is not considered
2236     to be a privileged communication.
2237          (10) A person holding a valid license under this chapter who is engaged in medical
2238     research may produce, possess, administer, prescribe, or dispense a controlled substance for
2239     research purposes as licensed under Subsection (2) but may not otherwise prescribe or dispense
2240     a controlled substance listed in Section 58-37-4.2.
2241          Section 31. Section 62A-1-108.5 is amended to read:
2242          62A-1-108.5. Mental illness and intellectual disability examinations --

2243     Responsibilities of the department.
2244          (1) In accomplishing the department's duties to conduct a competency evaluation under
2245     Title 77, Utah Code of Criminal Procedure, and a juvenile competency evaluation under [Title
2246     78A, Chapter 6, Juvenile Court Act] Section 80-6-402, the department shall proceed as
2247     outlined in this section and within appropriations authorized by the Legislature.
2248          (2) When the department is ordered by a court to conduct a competency evaluation, the
2249     department shall designate a forensic evaluator, selected under Subsection (4), to evaluate the
2250     defendant in the defendant's current custody or status.
2251          (3) When the department is ordered by the juvenile court to conduct a juvenile
2252     competency evaluation under [Title 78A, Chapter 6, Juvenile Court Act] Section 80-6-402, the
2253     department shall:
2254          (a) designate an examiner selected pursuant to Subsection (4) to evaluate the minor;
2255     and
2256          (b) upon a finding of good cause and order of the court, designate a second examiner to
2257     evaluate the minor.
2258          (4) The department shall establish criteria, in consultation with the Commission on
2259     Criminal and Juvenile Justice, and shall contract with persons to conduct competency
2260     evaluations and juvenile competency evaluations under Subsections (2) and (3)(b). In making
2261     this selection, the department shall follow the provisions of Title 63G, Chapter 6a, Utah
2262     Procurement Code.
2263          (5) Nothing in this section prohibits the department, at the request of defense counsel
2264     or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal
2265     Procedure, and for good cause shown, from proposing a person who has not been previously
2266     selected under Subsection (4) to contract with the department to conduct the evaluation. In
2267     selecting that person, the criteria of the department established under Subsection (4) and the
2268     provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
2269          Section 32. Section 62A-1-111 is amended to read:

2270          62A-1-111. Department authority.
2271          The department may, in addition to all other authority and responsibility granted to the
2272     department by law:
2273          (1) adopt rules, not inconsistent with law, as the department may consider necessary or
2274     desirable for providing social services to the people of this state;
2275          (2) establish and manage client trust accounts in the department's institutions and
2276     community programs, at the request of the client or the client's legal guardian or representative,
2277     or in accordance with federal law;
2278          (3) purchase, as authorized or required by law, services that the department is
2279     responsible to provide for legally eligible persons;
2280          (4) conduct adjudicative proceedings for clients and providers in accordance with the
2281     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
2282          (5) establish eligibility standards for its programs, not inconsistent with state or federal
2283     law or regulations;
2284          (6) take necessary steps, including legal action, to recover money or the monetary value
2285     of services provided to a recipient who was not eligible;
2286          (7) set and collect fees for the department's services;
2287          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
2288     or limited by law;
2289          (9) acquire, manage, and dispose of any real or personal property needed or owned by
2290     the department, not inconsistent with state law;
2291          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
2292     the proceeds thereof, may be credited to the program designated by the donor, and may be used
2293     for the purposes requested by the donor, as long as the request conforms to state and federal
2294     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
2295     under guidelines established by the state treasurer;
2296          (11) accept and employ volunteer labor or services; the department is authorized to

2297     reimburse volunteers for necessary expenses, when the department considers that
2298     reimbursement to be appropriate;
2299          (12) carry out the responsibility assigned in the workforce services plan by the State
2300     Workforce Development Board;
2301          (13) carry out the responsibility assigned by Section 35A-8-602 with respect to
2302     coordination of services for the homeless;
2303          (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
2304     coordination of services for students with a disability;
2305          (15) provide training and educational opportunities for the department's staff;
2306          (16) collect child support payments and any other money due to the department;
2307          (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
2308     whose child lives out of the home in a department licensed or certified setting;
2309          (18) establish policy and procedures, within appropriations authorized by the
2310     Legislature, in cases where [the department] the Division of Child and Family Services or the
2311     Division of Juvenile Justice Services is given custody of a minor by the juvenile court under
2312     [Section 78A-6-117] Title 80, Utah Juvenile Code, or the department is ordered to prepare an
2313     attainment plan for a minor found not competent to proceed under Section [78A-6-1301]
2314     80-6-403; any policy and procedures shall include:
2315          (a) designation of interagency teams for each juvenile court district in the state;
2316          (b) delineation of assessment criteria and procedures;
2317          (c) minimum requirements, and timeframes, for the development and implementation
2318     of a collaborative service plan for each minor placed in department custody; and
2319          (d) provisions for submittal of the plan and periodic progress reports to the court;
2320          (19) carry out the responsibilities assigned to the department by statute;
2321          (20) examine and audit the expenditures of any public funds provided to local
2322     substance abuse authorities, local mental health authorities, local area agencies on aging, and
2323     any person, agency, or organization that contracts with or receives funds from those authorities

2324     or agencies. Those local authorities, area agencies, and any person or entity that contracts with
2325     or receives funds from those authorities or area agencies, shall provide the department with any
2326     information the department considers necessary. The department is further authorized to issue
2327     directives resulting from any examination or audit to local authorities, area agencies, and
2328     persons or entities that contract with or receive funds from those authorities with regard to any
2329     public funds. If the department determines that it is necessary to withhold funds from a local
2330     mental health authority or local substance abuse authority based on failure to comply with state
2331     or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
2332     services. For purposes of this Subsection (20) "public funds" means the same as that term is
2333     defined in Section 62A-15-102;
2334          (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and
2335     persons to provide intercountry adoption services;
2336          (22) within appropriations authorized by the Legislature, promote and develop a
2337     system of care and stabilization services:
2338          (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
2339          (b) that encompasses the department, department contractors, and the divisions,
2340     offices, or institutions within the department, to:
2341          (i) navigate services, funding resources, and relationships to the benefit of the children
2342     and families whom the department serves;
2343          (ii) centralize department operations, including procurement and contracting;
2344          (iii) develop policies that govern business operations and that facilitate a system of care
2345     approach to service delivery;
2346          (iv) allocate resources that may be used for the children and families served by the
2347     department or the divisions, offices, or institutions within the department, subject to the
2348     restrictions in Section 63J-1-206;
2349          (v) create performance-based measures for the provision of services; and
2350          (vi) centralize other business operations, including data matching and sharing among

2351     the department's divisions, offices, and institutions; and
2352          (23) ensure that any training or certification required of a public official or public
2353     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2354     22, State Training and Certification Requirements, if the training or certification is required:
2355          (a) under this title;
2356          (b) by the department; or
2357          (c) by an agency or division within the department.
2358          Section 33. Section 62A-2-108.8 is amended to read:
2359          62A-2-108.8. Residential support program -- Temporary homeless youth shelter.
2360          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2361     office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters
2362     in temporary homeless youth shelters, as defined in Section [62A-4a-501] 80-5-102, that
2363     provide overnight shelter to minors.
2364          Section 34. Section 62A-2-117.5 is amended to read:
2365          62A-2-117.5. Foster care by a child's relative.
2366          (1) In accordance with state and federal law, the division shall provide for licensure of
2367     a child's relative for foster or substitute care, when the child is in the temporary custody or
2368     custody of the Division of Child and Family Services. If it is determined that, under federal
2369     law, allowance is made for an approval process requiring less than full foster parent licensure
2370     proceedings for a child's relative, the division shall establish an approval process to accomplish
2371     that purpose.
2372          (2) For purposes of this section:
2373          (a) "Custody" and "temporary custody" mean the same as those terms are defined in
2374     Section 62A-4a-101.
2375          (b) "Relative" means the same as that term is defined in Section [78A-6-307] 80-3-102.
2376          Section 35. Section 62A-2-120 is amended to read:
2377          62A-2-120. Background check -- Direct access to children or vulnerable adults.

2378          (1) As used in this section:
2379          (a) (i) "Applicant" means:
2380          (A) the same as that term is defined in Section 62A-2-101;
2381          (B) an individual who is associated with a licensee and has or will likely have direct
2382     access to a child or a vulnerable adult;
2383          (C) an individual who provides respite care to a foster parent or an adoptive parent on
2384     more than one occasion;
2385          (D) a department contractor;
2386          (E) a guardian submitting an application on behalf of an individual, other than the child
2387     or vulnerable adult who is receiving the service, if the individual is 12 years [of age] old or
2388     older and resides in a home, that is licensed or certified by the office, with the child or
2389     vulnerable adult who is receiving services; or
2390          (F) a guardian submitting an application on behalf of an individual, other than the child
2391     or vulnerable adult who is receiving the service, if the individual is 12 years [of age] old or
2392     older and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
2393          (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
2394     of the Division of Child and Family Services or the Division of Juvenile Justice Services.
2395          (b) "Application" means a background screening application to the office.
2396          (c) "Bureau" means the Bureau of Criminal Identification within the Department of
2397     Public Safety, created in Section 53-10-201.
2398          (d) "Incidental care" means occasional care, not in excess of five hours per week and
2399     never overnight, for a foster child.
2400          (e) "Personal identifying information" means:
2401          (i) current name, former names, nicknames, and aliases;
2402          (ii) date of birth;
2403          (iii) physical address and email address;
2404          (iv) telephone number;

2405          (v) driver license or other government-issued identification;
2406          (vi) social security number;
2407          (vii) only for applicants who are 18 years [of age] old or older, fingerprints, in a form
2408     specified by the office; and
2409          (viii) other information specified by the office by rule made in accordance with Title
2410     63G, Chapter 3, Utah Administrative Rulemaking Act.
2411          (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
2412     submit the following to the office:
2413          (i) personal identifying information;
2414          (ii) a fee established by the office under Section 63J-1-504; and
2415          (iii) a disclosure form, specified by the office, for consent for:
2416          (A) an initial background check upon submission of the information described under
2417     this Subsection (2)(a);
2418          (B) ongoing monitoring of fingerprints and registries until no longer associated with a
2419     licensee for 90 days;
2420          (C) a background check when the office determines that reasonable cause exists; and
2421          (D) retention of personal identifying information, including fingerprints, for
2422     monitoring and notification as described in Subsections (3)(d) and (4).
2423          (b) In addition to the requirements described in Subsection (2)(a), if an applicant
2424     resided outside of the United States and its territories during the five years immediately
2425     preceding the day on which the information described in Subsection (2)(a) is submitted to the
2426     office, the office may require the applicant to submit documentation establishing whether the
2427     applicant was convicted of a crime during the time that the applicant resided outside of the
2428     United States or its territories.
2429          (3) The office:
2430          (a) shall perform the following duties as part of a background check of an applicant:
2431          (i) check state and regional criminal background databases for the applicant's criminal

2432     history by:
2433          (A) submitting personal identifying information to the bureau for a search; or
2434          (B) using the applicant's personal identifying information to search state and regional
2435     criminal background databases as authorized under Section 53-10-108;
2436          (ii) submit the applicant's personal identifying information and fingerprints to the
2437     bureau for a criminal history search of applicable national criminal background databases;
2438          (iii) search the Department of Human Services, Division of Child and Family Services'
2439     Licensing Information System described in Section 62A-4a-1006;
2440          (iv) search the Department of Human Services, Division of Aging and Adult Services'
2441     vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
2442          (v) search the juvenile court records for substantiated findings of severe child abuse or
2443     neglect described in Section [78A-6-323] 80-6-404; and
2444          (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
2445     under Section 78A-6-209;
2446          (b) shall conduct a background check of an applicant for an initial background check
2447     upon submission of the information described under Subsection (2)(a);
2448          (c) may conduct all or portions of a background check of an applicant, as provided by
2449     rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
2450     Rulemaking Act:
2451          (i) for an annual renewal; or
2452          (ii) when the office determines that reasonable cause exists;
2453          (d) may submit an applicant's personal identifying information, including fingerprints,
2454     to the bureau for checking, retaining, and monitoring of state and national criminal background
2455     databases and for notifying the office of new criminal activity associated with the applicant;
2456          (e) shall track the status of an approved applicant under this section to ensure that an
2457     approved applicant is not required to duplicate the submission of the applicant's fingerprints if
2458     the applicant applies for:

2459          (i) more than one license;
2460          (ii) direct access to a child or a vulnerable adult in more than one human services
2461     program; or
2462          (iii) direct access to a child or a vulnerable adult under a contract with the department;
2463          (f) shall track the status of each license and each individual with direct access to a child
2464     or a vulnerable adult and notify the bureau within 90 days after the day on which the license
2465     expires or the individual's direct access to a child or a vulnerable adult ceases;
2466          (g) shall adopt measures to strictly limit access to personal identifying information
2467     solely to the individuals responsible for processing and entering the applications for
2468     background checks and to protect the security of the personal identifying information the office
2469     reviews under this Subsection (3);
2470          (h) as necessary to comply with the federal requirement to check a state's child abuse
2471     and neglect registry regarding any individual working in a congregate care setting that serves
2472     children, shall:
2473          (i) search the Department of Human Services, Division of Child and Family Services'
2474     Licensing Information System described in Section 62A-4a-1006; and
2475          (ii) require the child abuse and neglect registry be checked in each state where an
2476     applicant resided at any time during the five years immediately preceding the day on which the
2477     applicant submits the information described in Subsection (2)(a) to the office; and
2478          (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
2479     Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
2480     checks.
2481          (4) (a) With the personal identifying information the office submits to the bureau under
2482     Subsection (3), the bureau shall check against state and regional criminal background databases
2483     for the applicant's criminal history.
2484          (b) With the personal identifying information and fingerprints the office submits to the
2485     bureau under Subsection (3), the bureau shall check against national criminal background

2486     databases for the applicant's criminal history.
2487          (c) Upon direction from the office, and with the personal identifying information and
2488     fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
2489          (i) maintain a separate file of the fingerprints for search by future submissions to the
2490     local and regional criminal records databases, including latent prints; and
2491          (ii) monitor state and regional criminal background databases and identify criminal
2492     activity associated with the applicant.
2493          (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
2494     Investigation Next Generation Identification System, to be retained in the Federal Bureau of
2495     Investigation Next Generation Identification System for the purpose of:
2496          (i) being searched by future submissions to the national criminal records databases,
2497     including the Federal Bureau of Investigation Next Generation Identification System and latent
2498     prints; and
2499          (ii) monitoring national criminal background databases and identifying criminal
2500     activity associated with the applicant.
2501          (e) The Bureau shall notify and release to the office all information of criminal activity
2502     associated with the applicant.
2503          (f) Upon notice from the office that a license has expired or an individual's direct
2504     access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
2505          (i) discard and destroy any retained fingerprints; and
2506          (ii) notify the Federal Bureau of Investigation when the license has expired or an
2507     individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
2508     of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
2509     Investigation Next Generation Identification System.
2510          (5) (a) After conducting the background check described in Subsections (3) and (4), the
2511     office shall deny an application to an applicant who, within three years before the day on which
2512     the applicant submits information to the office under Subsection (2) for a background check,

2513     has been convicted of any of the following, regardless of whether the offense is a felony, a
2514     misdemeanor, or an infraction:
2515          (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
2516     animals, or bestiality;
2517          (ii) a violation of any pornography law, including sexual exploitation of a minor;
2518          (iii) prostitution;
2519          (iv) an offense included in:
2520          (A) Title 76, Chapter 5, Offenses Against the Person;
2521          (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
2522          (C) Title 76, Chapter 7, Offenses Against the Family;
2523          (v) aggravated arson, as described in Section 76-6-103;
2524          (vi) aggravated burglary, as described in Section 76-6-203;
2525          (vii) aggravated robbery, as described in Section 76-6-302;
2526          (viii) identity fraud crime, as described in Section 76-6-1102; or
2527          (ix) a felony or misdemeanor offense committed outside of the state that, if committed
2528     in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
2529     through (viii).
2530          (b) If the office denies an application to an applicant based on a conviction described in
2531     Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
2532     Subsection (6).
2533          (c) If the applicant will be working in a program serving only adults whose only
2534     impairment is a mental health diagnosis, including that of a serious mental health disorder,
2535     with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
2536     do not apply, and the office shall conduct a comprehensive review as described in Subsection
2537     (6).
2538          (6) (a) The office shall conduct a comprehensive review of an applicant's background
2539     check if the applicant:

2540          (i) has an open court case or a conviction for any felony offense, not described in
2541     Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
2542     which the applicant submits the application;
2543          (ii) has an open court case or a conviction for a misdemeanor offense, not described in
2544     Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
2545     3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
2546     on which the applicant submits information to the office under Subsection (2) for a background
2547     check;
2548          (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
2549     than three years before the day on which the applicant submitted information under Subsection
2550     (2)(a);
2551          (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
2552     described in Subsection (5)(a);
2553          (v) has a listing in the Department of Human Services, Division of Child and Family
2554     Services' Licensing Information System described in Section 62A-4a-1006;
2555          (vi) has a listing in the Department of Human Services, Division of Aging and Adult
2556     Services' vulnerable adult abuse, neglect, or exploitation database described in Section
2557     62A-3-311.1;
2558          (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
2559     or neglect described in Section [78A-6-323] 80-3-404;
2560          (viii) has a record of an adjudication in juvenile court for an act that, if committed by
2561     an adult, would be a felony or misdemeanor, if the applicant is:
2562          (A) under 28 years [of age] old; or
2563          (B) 28 years [of age] old or older and has been convicted of, has pleaded no contest to,
2564     or is currently subject to a plea in abeyance or diversion agreement for a felony or a
2565     misdemeanor offense described in Subsection (5)(a);
2566          (ix) has a pending charge for an offense described in Subsection (5)(a); or

2567          (x) is an applicant described in Subsection (5)(c).
2568          (b) The comprehensive review described in Subsection (6)(a) shall include an
2569     examination of:
2570          (i) the date of the offense or incident;
2571          (ii) the nature and seriousness of the offense or incident;
2572          (iii) the circumstances under which the offense or incident occurred;
2573          (iv) the age of the perpetrator when the offense or incident occurred;
2574          (v) whether the offense or incident was an isolated or repeated incident;
2575          (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
2576     adult, including:
2577          (A) actual or threatened, nonaccidental physical, mental, or financial harm;
2578          (B) sexual abuse;
2579          (C) sexual exploitation; or
2580          (D) negligent treatment;
2581          (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
2582     treatment received, or additional academic or vocational schooling completed;
2583          (viii) the applicant's risk of harm to clientele in the program or in the capacity for
2584     which the applicant is applying; and
2585          (ix) any other pertinent information presented to or publicly available to the committee
2586     members.
2587          (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2588     office shall deny an application to an applicant if the office finds that approval would likely
2589     create a risk of harm to a child or a vulnerable adult.
2590          (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2591     office may not deny an application to an applicant solely because the applicant was convicted
2592     of an offense that occurred 10 or more years before the day on which the applicant submitted
2593     the information required under Subsection (2)(a) if:

2594          (i) the applicant has not committed another misdemeanor or felony offense after the
2595     day on which the conviction occurred; and
2596          (ii) the applicant has never been convicted of an offense described in Subsection
2597     (14)(c).
2598          (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2599     office may make rules, consistent with this chapter, to establish procedures for the
2600     comprehensive review described in this Subsection (6).
2601          (7) Subject to Subsection (10), the office shall approve an application to an applicant
2602     who is not denied under Subsection (5), (6), or (13).
2603          (8) (a) The office may conditionally approve an application of an applicant, for a
2604     maximum of 60 days after the day on which the office sends written notice to the applicant
2605     under Subsection (12), without requiring that the applicant be directly supervised, if the office:
2606          (i) is awaiting the results of the criminal history search of national criminal background
2607     databases; and
2608          (ii) would otherwise approve an application of the applicant under Subsection (7).
2609          (b) The office may conditionally approve an application of an applicant, for a
2610     maximum of one year after the day on which the office sends written notice to the applicant
2611     under Subsection (12), without requiring that the applicant be directly supervised if the office:
2612          (i) is awaiting the results of an out-of-state registry for providers other than foster and
2613     adoptive parents; and
2614          (ii) would otherwise approve an application of the applicant under Subsection (7).
2615          (c) Upon receiving the results of the criminal history search of a national criminal
2616     background database, the office shall approve or deny the application of the applicant in
2617     accordance with Subsections (5) through (7).
2618          (9) A licensee or department contractor may not permit an individual to have direct
2619     access to a child or a vulnerable adult unless, subject to Subsection (10):
2620          (a) the individual is associated with the licensee or department contractor and:

2621          (i) the individual's application is approved by the office under this section;
2622          (ii) the individual's application is conditionally approved by the office under
2623     Subsection (8); or
2624          (iii) (A) the individual has submitted the background check information described in
2625     Subsection (2) to the office;
2626          (B) the office has not determined whether to approve the applicant's application; and
2627          (C) the individual is directly supervised by an individual who has a current background
2628     screening approval issued by the office under this section and is associated with the licensee or
2629     department contractor;
2630          (b) (i) the individual is associated with the licensee or department contractor;
2631          (ii) the individual has a current background screening approval issued by the office
2632     under this section;
2633          (iii) one of the following circumstances, that the office has not yet reviewed under
2634     Subsection (6), applies to the individual:
2635          (A) the individual was charged with an offense described in Subsection (5)(a);
2636          (B) the individual is listed in the Licensing Information System, described in Section
2637     62A-4a-1006;
2638          (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
2639     database, described in Section 62A-3-311.1;
2640          (D) the individual has a record in the juvenile court of a substantiated finding of severe
2641     child abuse or neglect, described in Section [78A-6-323] 80-3-404; or
2642          (E) the individual has a record of an adjudication in juvenile court for an act that, if
2643     committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
2644     or (6); and
2645          (iv) the individual is directly supervised by an individual who:
2646          (A) has a current background screening approval issued by the office under this
2647     section; and

2648          (B) is associated with the licensee or department contractor;
2649          (c) the individual:
2650          (i) is not associated with the licensee or department contractor; and
2651          (ii) is directly supervised by an individual who:
2652          (A) has a current background screening approval issued by the office under this
2653     section; and
2654          (B) is associated with the licensee or department contractor;
2655          (d) the individual is the parent or guardian of the child, or the guardian of the
2656     vulnerable adult;
2657          (e) the individual is approved by the parent or guardian of the child, or the guardian of
2658     the vulnerable adult, to have direct access to the child or the vulnerable adult;
2659          (f) the individual is only permitted to have direct access to a vulnerable adult who
2660     voluntarily invites the individual to visit; or
2661          (g) the individual only provides incidental care for a foster child on behalf of a foster
2662     parent who has used reasonable and prudent judgment to select the individual to provide the
2663     incidental care for the foster child.
2664          (10) An individual may not have direct access to a child or a vulnerable adult if the
2665     individual is prohibited by court order from having that access.
2666          (11) Notwithstanding any other provision of this section, an individual for whom the
2667     office denies an application may not have direct access to a child or vulnerable adult unless the
2668     office approves a subsequent application by the individual.
2669          (12) (a) Within 30 days after the day on which the office receives the background
2670     check information for an applicant, the office shall give notice of the clearance status to:
2671          (i) the applicant, and the licensee or department contractor, of the office's decision
2672     regarding the background check and findings; and
2673          (ii) the applicant of any convictions and potentially disqualifying charges and
2674     adjudications found in the search.

2675          (b) With the notice described in Subsection (12)(a), the office shall also give the
2676     applicant the details of any comprehensive review conducted under Subsection (6).
2677          (c) If the notice under Subsection (12)(a) states that the applicant's application is
2678     denied, the notice shall further advise the applicant that the applicant may, under Subsection
2679     62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
2680     challenge the office's decision.
2681          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2682     office shall make rules, consistent with this chapter:
2683          (i) defining procedures for the challenge of the office's background check decision
2684     described in Subsection (12)(c); and
2685          (ii) expediting the process for renewal of a license under the requirements of this
2686     section and other applicable sections.
2687          (13) An individual or a department contractor who provides services in an adults only
2688     substance use disorder program, as defined by rule, is exempt from this section. This
2689     exemption does not extend to a program director or a member, as defined by Section
2690     62A-2-108, of the program.
2691          (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
2692     of this section, if the background check of an applicant is being conducted for the purpose of
2693     giving clearance status to an applicant seeking a position in a congregate care facility, an
2694     applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
2695     an applicant seeking to provide a prospective adoptive home, the office shall:
2696          (i) check the child abuse and neglect registry in each state where each applicant resided
2697     in the five years immediately preceding the day on which the applicant applied to be a foster
2698     parent or adoptive parent, to determine whether the prospective foster parent or prospective
2699     adoptive parent is listed in the registry as having a substantiated or supported finding of child
2700     abuse or neglect; and
2701          (ii) check the child abuse and neglect registry in each state where each adult living in

2702     the home of the applicant described in Subsection (14)(a)(i) resided in the five years
2703     immediately preceding the day on which the applicant applied to be a foster parent or adoptive
2704     parent, to determine whether the adult is listed in the registry as having a substantiated or
2705     supported finding of child abuse or neglect.
2706          (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
2707          (i) federal law or rule permits otherwise; or
2708          (ii) the requirements would prohibit the Division of Child and Family Services or a
2709     court from placing a child with:
2710          (A) a noncustodial parent under Section 62A-4a-209, [78A-6-307, or 78A-6-307.5]
2711     80-3-302, or 80-3-303; or
2712          (B) a relative, other than a noncustodial parent, under Section 62A-4a-209,
2713     [78A-6-307, or 78A-6-307.5] 80-3-302, or 80-3-303, pending completion of the background
2714     check described in Subsection (5).
2715          (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
2716     applicant seeking a position in a congregate care facility, an applicant for a one-time adoption,
2717     an applicant to become a prospective foster parent, or an applicant to become a prospective
2718     adoptive parent if the applicant has been convicted of:
2719          (i) a felony involving conduct that constitutes any of the following:
2720          (A) child abuse, as described in Section 76-5-109;
2721          (B) commission of domestic violence in the presence of a child, as described in Section
2722     76-5-109.1;
2723          (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
2724          (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
2725          (E) aggravated murder, as described in Section 76-5-202;
2726          (F) murder, as described in Section 76-5-203;
2727          (G) manslaughter, as described in Section 76-5-205;
2728          (H) child abuse homicide, as described in Section 76-5-208;

2729          (I) homicide by assault, as described in Section 76-5-209;
2730          (J) kidnapping, as described in Section 76-5-301;
2731          (K) child kidnapping, as described in Section 76-5-301.1;
2732          (L) aggravated kidnapping, as described in Section 76-5-302;
2733          (M) human trafficking of a child, as described in Section 76-5-308.5;
2734          (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
2735          (O) sexual exploitation of a minor, as described in Section 76-5b-201;
2736          (P) aggravated arson, as described in Section 76-6-103;
2737          (Q) aggravated burglary, as described in Section 76-6-203;
2738          (R) aggravated robbery, as described in Section 76-6-302; or
2739          (S) domestic violence, as described in Section 77-36-1; or
2740          (ii) an offense committed outside the state that, if committed in the state, would
2741     constitute a violation of an offense described in Subsection (14)(c)(i).
2742          (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
2743     license renewal to a prospective foster parent or a prospective adoptive parent if, within the five
2744     years immediately preceding the day on which the individual's application or license would
2745     otherwise be approved, the applicant was convicted of a felony involving conduct that
2746     constitutes a violation of any of the following:
2747          (i) aggravated assault, as described in Section 76-5-103;
2748          (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
2749          (iii) mayhem, as described in Section 76-5-105;
2750          (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
2751          (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
2752          (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
2753     Act;
2754          (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
2755     Precursor Act; or

2756          (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
2757          (e) In addition to the circumstances described in Subsection (6)(a), the office shall
2758     conduct the comprehensive review of an applicant's background check pursuant to this section
2759     if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
2760     child abuse and neglect registry of another state as having a substantiated or supported finding
2761     of a severe type of child abuse or neglect as defined in Section 62A-4a-1002.
2762          Section 36. Section 62A-2-121 is amended to read:
2763          62A-2-121. Access to abuse and neglect information.
2764          (1) [For purposes of this section] As used in this section:
2765          (a) "Direct service worker" means the same as that term is defined in Section
2766     62A-5-101.
2767          (b) "Personal care attendant" means the same as that term is defined in Section
2768     62A-3-101.
2769          (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
2770     department may access only the Licensing Information System of the Division of Child and
2771     Family Services created by Section 62A-4a-1006 and juvenile court records under Subsection
2772     [78A-6-323] 80-3-404(6), for the purpose of:
2773          (a) (i) determining whether a person associated with a licensee, with direct access to
2774     children:
2775          (A) is listed in the Licensing Information System; or
2776          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2777     neglect under Subsections [78A-6-323] 80-3-404(1) and (2); and
2778          (ii) informing a licensee that a person associated with the licensee:
2779          (A) is listed in the Licensing Information System; or
2780          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2781     neglect under Subsections [78A-6-323] 80-3-404(1) and (2);
2782          (b) (i) determining whether a direct service worker:

2783          (A) is listed in the Licensing Information System; or
2784          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2785     neglect under Subsections [78A-6-323] 80-3-404(1) and (2); and
2786          (ii) informing a direct service worker or the direct service worker's employer that the
2787     direct service worker:
2788          (A) is listed in the Licensing Information System; or
2789          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2790     neglect under Subsections [78A-6-323] 80-3-404(1) and (2); or
2791          (c) (i) determining whether a personal care attendant:
2792          (A) is listed in the Licensing Information System; or
2793          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2794     neglect under Subsections [78A-6-323] 80-3-404(1) and (2); and
2795          (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a
2796     personal care attendant:
2797          (A) is listed in the Licensing Information System; or
2798          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2799     neglect under Subsections [78A-6-323] 80-3-404(1) and (2).
2800          (3) Notwithstanding Subsection (2), the department may access the Division of Child
2801     and Family Services' Management Information System under Section 62A-4a-1003:
2802          (a) for the purpose of licensing and monitoring foster parents;
2803          (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and
2804          (c) for the purpose described in Section 62A-1-118.
2805          (4) The department shall receive and process personal identifying information under
2806     Subsection 62A-2-120(1) for the purposes described in Subsection (2).
2807          (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
2808     Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
2809     may have direct access or provide services to children when:

2810          (a) the person is listed in the Licensing Information System of the Division of Child
2811     and Family Services created by Section 62A-4a-1006; or
2812          (b) juvenile court records show that a court made a substantiated finding under Section
2813     [78A-6-323] 80-3-404, that the person committed a severe type of child abuse or neglect.
2814          Section 37. Section 62A-4a-102 is amended to read:
2815          62A-4a-102. Rulemaking responsibilities of division.
2816          (1) The Division of Child and Family Services, created in Section 62A-4a-103, is
2817     responsible for establishing division rules under Title 63G, Chapter 3, Utah Administrative
2818     Rulemaking Act, in accordance with the requirements of this chapter and [Title 78A, Chapter
2819     6, Juvenile Court Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings,
2820     regarding abuse, neglect, and dependency proceedings, and domestic violence services. The
2821     division is responsible to see that the legislative purposes for the division are carried out.
2822          (2) The division shall:
2823          (a) approve fee schedules for programs within the division;
2824          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2825     establish rules to ensure that private citizens, consumers, foster parents, private contract
2826     providers, allied state and local agencies, and others are provided with an opportunity to
2827     comment and provide input regarding any new rule or proposed revision of an existing rule;
2828     and
2829          (c) provide a mechanism for:
2830          (i) systematic and regular review of existing rules, including an annual review of all
2831     division rules to ensure that rules comply with the Utah Code; and
2832          (ii) consideration of rule changes proposed by the persons and agencies described in
2833     Subsection (2)(b).
2834          (3) (a) The division shall establish rules for the determination of eligibility for services
2835     offered by the division in accordance with this chapter.
2836          (b) The division may, by rule, establish eligibility standards for consumers.

2837          (4) The division shall adopt and maintain rules regarding placement for adoption or
2838     foster care that are consistent with, and no more restrictive than, applicable statutory
2839     provisions.
2840          Section 38. Section 62A-4a-103 is amended to read:
2841          62A-4a-103. Division -- Creation -- Purpose.
2842          (1) (a) There is created the Division of Child and Family Services within the
2843     department, under the administration and general supervision of the executive director.
2844          (b) The division is the child, youth, and family services authority of the state and has
2845     all functions, powers, duties, rights, and responsibilities created in accordance with this
2846     chapter, except those assumed by the department.
2847          (2) (a) The primary purpose of the division is to provide child welfare services.
2848          (b) The division shall, when possible and appropriate, provide in-home services for the
2849     preservation of families in an effort to protect the child from the trauma of separation from the
2850     child's family, protect the integrity of the family, and the constitutional rights of parents. In
2851     keeping with its ultimate goal and purpose of protecting children, however, when a child's
2852     welfare is endangered or reasonable efforts to maintain or reunify a child with the child's family
2853     have failed, the division shall act in a timely fashion in accordance with the requirements of
2854     this chapter and [Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings]
2855     Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, to provide the child with a
2856     stable, permanent environment.
2857          (3) The division shall also provide domestic violence services in accordance with
2858     federal law.
2859          Section 39. Section 62A-4a-105 is amended to read:
2860          62A-4a-105. Division responsibilities.
2861          (1) The division shall:
2862          (a) administer services to minors and families, including:
2863          (i) child welfare services;

2864          (ii) domestic violence services; and
2865          (iii) all other responsibilities that the Legislature or the executive director may assign to
2866     the division;
2867          (b) provide the following services:
2868          (i) financial and other assistance to an individual adopting a child with special needs
2869     under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
2870     child as a legal ward of the state;
2871          (ii) non-custodial and in-home services, including:
2872          (A) services designed to prevent family break-up; and
2873          (B) family preservation services;
2874          (iii) reunification services to families whose children are in substitute care in
2875     accordance with the requirements of this chapter and [Title 78A, Chapter 6, Juvenile Court
2876     Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings;
2877          (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
2878     or neglect of a child in that family;
2879          (v) shelter care in accordance with the requirements of this chapter and [Title 78A,
2880     Chapter 6, Juvenile Court Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency
2881     Proceedings;
2882          (vi) domestic violence services, in accordance with the requirements of federal law;
2883          (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
2884     and their children, in accordance with the provisions of this chapter and [Title 78A, Chapter 6,
2885     Part] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings;
2886          (viii) substitute care for dependent, abused, and neglected children;
2887          (ix) services for minors who are victims of human trafficking or human smuggling as
2888     described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
2889     solicitation as defined in Sections 76-10-1302 and 76-10-1313; and
2890          (x) training for staff and providers involved in the administration and delivery of

2891     services offered by the division in accordance with this chapter;
2892          (c) establish standards for all:
2893          (i) contract providers of out-of-home care for minors and families;
2894          (ii) facilities that provide substitute care for dependent, abused, and neglected children
2895     placed in the custody of the division; and
2896          (iii) direct or contract providers of domestic violence services described in Subsection
2897     (1)(b)(vi);
2898          (d) have authority to:
2899          (i) contract with a private, nonprofit organization to recruit and train foster care
2900     families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
2901          (ii) approve facilities that meet the standards established under Subsection (1)(c) to
2902     provide substitute care for dependent, abused, and neglected children placed in the custody of
2903     the division;
2904          (e) cooperate with the federal government in the administration of child welfare and
2905     domestic violence programs and other human service activities assigned by the department;
2906          (f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
2907     division records to the same extent that the division is required to protect division records,
2908     cooperate with and share all appropriate information in the division's possession regarding an
2909     Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
2910     with the Indian tribe that is affiliated with the Indian child;
2911          (g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
2912     enacted for the protection of abused, neglected, and dependent children, in accordance with the
2913     requirements of this chapter, unless administration is expressly vested in another division or
2914     department of the state;
2915          (h) cooperate with the Workforce Development Division within the Department of
2916     Workforce Services in meeting the social and economic needs of an individual who is eligible
2917     for public assistance;

2918           (i) compile relevant information, statistics, and reports on child and family service
2919     matters in the state;
2920          (j) prepare and submit to the department, the governor, and the Legislature reports of
2921     the operation and administration of the division in accordance with the requirements of
2922     Sections 62A-4a-117 and 62A-4a-118;
2923          (k) within appropriations from the Legislature, provide or contract for a variety of
2924     domestic violence services and treatment methods;
2925          (l) ensure regular, periodic publication, including electronic publication, regarding the
2926     number of children in the custody of the division who:
2927          (i) have a permanency goal of adoption; or
2928          (ii) have a final plan of termination of parental rights, pursuant to Section [78A-6-314]
2929     80-3-409, and promote adoption of those children;
2930          (m) subject to Subsection (2)(b), refer an individual receiving services from the
2931     division to the local substance abuse authority or other private or public resource for a
2932     court-ordered drug screening test;
2933          (n) report before November 30, 2020, and every third year thereafter, to the Social
2934     Services Appropriations Subcommittee regarding:
2935          (i) the daily reimbursement rate that is provided to licensed foster parents based on
2936     level of care;
2937          (ii) the amount of money spent on daily reimbursements for licensed foster parents in
2938     the state during the previous fiscal year; and
2939          (iii) any recommended changes to the division's budget to support the daily
2940     reimbursement rates described in Subsection (1)(n)(i); and
2941          (o) perform other duties and functions required by law.
2942          (2) (a) In carrying out the requirements of Subsection (1)(g), the division shall:
2943          (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
2944     with all public and private licensed child welfare agencies and institutions to develop and

2945     administer a broad range of services and support;
2946          (ii) take the initiative in all matters involving the protection of abused or neglected
2947     children, if adequate provisions have not been made or are not likely to be made; and
2948          (iii) make expenditures necessary for the care and protection of the children described
2949     in this Subsection (2)(a), within the division's budget.
2950          (b) When an individual is referred to a local substance abuse authority or other private
2951     or public resource for court-ordered drug screening under Subsection (1)(m), the court shall
2952     order the individual to pay all costs of the tests unless:
2953          (i) the cost of the drug screening is specifically funded or provided for by other federal
2954     or state programs;
2955          (ii) the individual is a participant in a drug court; or
2956          (iii) the court finds that the individual is impecunious.
2957          (3) Except to the extent provided by rule, the division is not responsible for
2958     investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
2959          (4) The division may not require a parent who has a child in the custody of the division
2960     to pay for some or all of the cost of any drug testing the parent is required to undergo.
2961          Section 40. Section 62A-4a-113 is amended to read:
2962          62A-4a-113. Division's enforcement authority -- Responsibility of attorney
2963     general to represent division.
2964          (1) The division shall take legal action that is necessary to enforce the provisions of
2965     this chapter.
2966          (2) (a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
2967     civil enforcement actions, the attorney general shall enforce all provisions of this chapter, in
2968     addition to the requirements of [Title 78A, Chapter 6, Juvenile Court Act of 1996,] Title 80,
2969     Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and
2970     Restoration of Parental Rights, relating to protection, custody, and parental rights termination
2971     for abused, neglected, or dependent minors.

2972           (b) The attorney general may contract with the local county attorney to enforce the
2973     provisions of this chapter and [Title 78A, Chapter 6, Juvenile Court Act of 1996] Title 80,
2974     Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and
2975     Restoration of Parental Rights.
2976          (c) It is the responsibility of the attorney general's office to:
2977          (i) advise the division regarding decisions to remove a minor from the minor's home;
2978          (ii) represent the division in all court and administrative proceedings related to abuse,
2979     neglect, and dependency including, but not limited to, shelter hearings, dispositional hearings,
2980     dispositional review hearings, periodic review hearings, and petitions for termination of
2981     parental rights; and
2982          (iii) be available to and advise caseworkers on an ongoing basis.
2983          (d) (i) The attorney general shall designate no less than 16 full-time attorneys to advise
2984     and represent the division in abuse, neglect, and dependency proceedings, including petitions
2985     for termination of parental rights.
2986          (ii) The attorneys described in Subsection (2)(d)(i) shall devote their full time and
2987     attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable,
2988     shall be housed in or near various offices of the division statewide.
2989          (3) (a) The attorney general's office shall represent the division with regard to actions
2990     involving minors who have not been adjudicated as abused or neglected, but who are otherwise
2991     committed to the custody of the division by the juvenile court, and who are placed in custody
2992     of the division primarily on the basis of delinquent behavior or a status offense.
2993          (b) Nothing in this section may be construed to affect the responsibility of the county
2994     attorney or district attorney to represent the state in the matters described in Subsection (3)(a)
2995     in accordance with [Section 78A-6-115] Sections 80-3-104 and 80-4-106.
2996          Section 41. Section 62A-4a-114 is amended to read:
2997          62A-4a-114. Financial reimbursement by parent or legal guardian.
2998          (1) Except as provided in Subsection (5), the division shall seek reimbursement of

2999     funds it has expended on behalf of a child in the protective custody, temporary custody, or
3000     custody of the division, from the child's parents or legal guardians in accordance with an order
3001     for child support under Section [78A-6-1106] 78A-6-356.
3002          (2) A parent or any other obligated person is not responsible for support for periods of
3003     time that a child is removed upon a finding by the juvenile court that there were insufficient
3004     grounds for that removal and that child is returned to the home of the parent, parents, or legal
3005     guardians based upon that finding.
3006          (3) In the event that the juvenile court finds that there were insufficient grounds for the
3007     initial removal, but that the child is to remain in the custody of the state, the juvenile court shall
3008     order that the parents or any other obligated persons are responsible for support from the point
3009     at which it became improper to return the child to the home of the child's parent, parents, or
3010     legal guardians.
3011          (4) The attorney general shall represent the division in any legal action taken to enforce
3012     this section.
3013          (5) (a) A parent or any other obligated person is not responsible for support if:
3014          (i) the parent or other obligated person's only source of income is a government-issued
3015     disability benefit; and
3016          (ii) the benefit described in Subsection (5)(a)(i) is issued because of the parent or other
3017     person's disability, and not the child's disability.
3018          (b) A person who seeks to be excused from providing support under Subsection (5)(a)
3019     shall provide the division and the Office of Recovery Services with evidence that the person
3020     meets the requirements of Subsection (5)(a).
3021          Section 42. Section 62A-4a-118 is amended to read:
3022          62A-4a-118. Annual review of child welfare referrals and cases by executive
3023     director -- Accountability to the Legislature -- Review by legislative auditor general.
3024          (1) The division shall use principles of quality management systems, including
3025     statistical measures of processes of service, and the routine reporting of performance data to

3026     employees.
3027          (2) (a) In addition to development of quantifiable outcome measures and performance
3028     measures in accordance with Section 62A-4a-117, the executive director, or the executive
3029     director's designee, shall annually review a randomly selected sample of child welfare referrals
3030     to and cases handled by the division. The purpose of that review shall be to assess whether the
3031     division is adequately protecting children and providing appropriate services to families, in
3032     accordance with the provisions of Title 62A, Chapter 4a, Child and Family Services, and [Title
3033     78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination
3034     of Parental Rights Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and
3035     Chapter 4, Termination and Restoration of Parental Rights. The review shall focus directly on
3036     the outcome of cases to children and families, and not simply on procedural compliance with
3037     specified criteria.
3038          (b) The executive director shall report on the executive director's review to the
3039     legislative auditor general and the Child Welfare Legislative Oversight Panel.
3040          (c) Information obtained as a result of the review shall be provided to caseworkers,
3041     supervisors, and division personnel involved in the respective cases, for purposes of education,
3042     training, and performance evaluation.
3043          (3) The executive director's review and report to the legislative auditor general and the
3044     Child Welfare Legislative Oversight Panel shall include:
3045          (a) the criteria used by the executive director, or the executive director's designee, in
3046     making the evaluation;
3047          (b) findings regarding whether state statutes, division rule, legislative policy, and
3048     division policy were followed in each sample case;
3049          (c) findings regarding whether, in each sample case, referrals, removals, or cases were
3050     appropriately handled by the division and its employees, and whether children were adequately
3051     and appropriately protected and appropriate services provided to families, in accordance with
3052     the provisions of Title 62A, Chapter 4a, Child and Family Services, [Title 78A, Chapter 6, Part

3053     3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights
3054     Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4,
3055     Termination and Restoration of Parental Rights, and division rule;
3056          (d) an assessment of the division's intake procedures and decisions, including an
3057     assessment of the appropriateness of decisions not to accept referrals; and
3058          (e) an assessment of the appropriateness of the division's assignment of priority.
3059          (4) (a) In addition to the executive director's review under Subsection (2), the
3060     legislative auditor general shall audit, subject to the prioritization of the Legislative Audit
3061     Subcommittee, a sample of child welfare referrals to and cases handled by the division and
3062     report the findings to the Child Welfare Legislative Oversight Panel.
3063          (b) An audit under Subsection (4)(a) may be initiated by:
3064          (i) the Audit Subcommittee of the Legislative Management Committee;
3065          (ii) the Child Welfare Legislative Oversight Panel; or
3066          (iii) the legislative auditor general, based on the results of the executive director's
3067     review under Subsection (2).
3068          (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
3069     General's report may include:
3070          (i) findings regarding whether state statutes, division rule, legislative policy, and
3071     division policy were followed by the division and its employees;
3072          (ii) a determination regarding whether referrals, removals, and cases were appropriately
3073     handled by the division and its employees, and whether children were adequately and
3074     appropriately protected and appropriate services provided for families, in accordance with the
3075     provisions of Title 62A, Chapter 4a, Child and Family Services, [Title 78A, Chapter 6, Part 3,
3076     Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights Act]
3077     Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
3078     and Restoration of Parental Rights, and division rule;
3079          (iii) an assessment of the division's intake procedures and decisions, including an

3080     assessment of the appropriateness of decisions not to accept referrals;
3081          (iv) an assessment of the appropriateness of the division's assignment of priority;
3082          (v) a determination regarding whether the department's review process is effecting
3083     beneficial change within the division and accomplishing the mission established by the
3084     Legislature and the department for that review process; and
3085          (vi) findings regarding any other issues identified by the auditor or others under this
3086     Subsection (4).
3087          Section 43. Section 62A-4a-201 is amended to read:
3088          62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
3089     state.
3090          (1) (a) Under both the United States Constitution and the constitution of this state, a
3091     parent possesses a fundamental liberty interest in the care, custody, and management of the
3092     parent's children. A fundamentally fair process must be provided to parents if the state moves
3093     to challenge or interfere with parental rights. A governmental entity must support any actions
3094     or allegations made in opposition to the rights and desires of a parent regarding the parent's
3095     children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
3096     protection against government interference with the parent's fundamental rights and liberty
3097     interests and, concomitantly, the right of the child to be reared by the child's natural parent.
3098          (b) The fundamental liberty interest of a parent concerning the care, custody, and
3099     management of the parent's children is recognized, protected, and does not cease to exist
3100     simply because a parent may fail to be a model parent or because the parent's child is placed in
3101     the temporary custody of the state. At all times, a parent retains a vital interest in preventing the
3102     irretrievable destruction of family life. Prior to an adjudication of unfitness, government action
3103     in relation to parents and their children may not exceed the least restrictive means or
3104     alternatives available to accomplish a compelling state interest. Until the state proves parental
3105     unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
3106     the child and the child's parents share a vital interest in preventing erroneous termination of

3107     their natural relationship and the state cannot presume that a child and the child's parents are
3108     adversaries.
3109          (c) It is in the best interest and welfare of a child to be raised under the care and
3110     supervision of the child's natural parents. A child's need for a normal family life in a permanent
3111     home, and for positive, nurturing family relationships is usually best met by the child's natural
3112     parents. Additionally, the integrity of the family unit and the right of parents to conceive and
3113     raise their children are constitutionally protected. The right of a fit, competent parent to raise
3114     the parent's child without undue government interference is a fundamental liberty interest that
3115     has long been protected by the laws and Constitution and is a fundamental public policy of this
3116     state.
3117          (d) The state recognizes that:
3118          (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
3119     train, educate, provide and care for, and reasonably discipline the parent's children; and
3120          (ii) the state's role is secondary and supportive to the primary role of a parent.
3121          (e) It is the public policy of this state that parents retain the fundamental right and duty
3122     to exercise primary control over the care, supervision, upbringing, and education of their
3123     children.
3124          (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
3125     Subsection (1).
3126          (2) It is also the public policy of this state that children have the right to protection
3127     from abuse and neglect, and that the state retains a compelling interest in investigating,
3128     prosecuting, and punishing abuse and neglect[, as defined in this chapter, and in Title 78A,
3129     Chapter 6, Juvenile Court Act]. Therefore, the state, as parens patriae, has an interest in and
3130     responsibility to protect children whose parents abuse them or do not adequately provide for
3131     their welfare. There may be circumstances where a parent's conduct or condition is a substantial
3132     departure from the norm and the parent is unable or unwilling to render safe and proper
3133     parental care and protection. Under those circumstances, the state may take action for the

3134     welfare and protection of the parent's children.
3135          (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
3136     it shall take into account the child's need for protection from immediate harm and the extent to
3137     which the child's extended family may provide needed protection. Throughout its involvement,
3138     the division shall utilize the least intrusive and least restrictive means available to protect a
3139     child, in an effort to ensure that children are brought up in stable, permanent families, rather
3140     than in temporary foster placements under the supervision of the state.
3141          (4) When circumstances within the family pose a threat to the child's immediate safety
3142     or welfare, the division may seek custody of the child for a planned, temporary period and
3143     place the child in a safe environment, subject to the requirements of this section and in
3144     accordance with the requirements of [Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
3145     Dependency Proceedings] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings,
3146     and:
3147          (a) when safe and appropriate, return the child to the child's parent; or
3148          (b) as a last resort, pursue another permanency plan.
3149          (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
3150     the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
3151     shall be the child's health, safety, and welfare. The desires of a parent for the parent's child, and
3152     the constitutionally protected rights of a parent, as described in this section, shall be given full
3153     and serious consideration by the division and the court.
3154          (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe abuse,
3155     or severe neglect are established, the state has no duty to make "reasonable efforts" or to, in any
3156     other way, attempt to maintain a child in the child's home, provide reunification services, or to
3157     attempt to rehabilitate the offending parent or parents. This Subsection (6) does not exempt the
3158     division from providing court-ordered services.
3159          (7) (a) In accordance with Subsection (1), the division shall strive to achieve
3160     appropriate permanency for children who are abused, neglected, or dependent. The division

3161     shall provide in-home services, where appropriate and safe, in an effort to help a parent to
3162     correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
3163     division may pursue a foster placement only if in-home services fail or are otherwise
3164     insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
3165     and kinship placement fail and cannot be corrected. The division shall also seek qualified
3166     extended family support or a kinship placement to maintain a sense of security and stability for
3167     the child.
3168          (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
3169     and (6), is determined to be inconsistent with the permanency plan for a child, then measures
3170     shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
3171     and to complete whatever steps are necessary to finalize the permanent placement of the child.
3172          (c) Subject to the parental rights recognized and protected under this section, if,
3173     because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
3174     based on the grounds for termination of parental rights described in [Title 78A, Chapter 6, Part
3175     5, Termination of Parental Rights Act] Title 80, Chapter 3, Abuse, Neglect, and Dependency
3176     Proceedings, the continuing welfare and best interest of the child is of paramount importance,
3177     and shall be protected in determining whether that parent's rights should be terminated.
3178          (8) The state's right to direct or intervene in the provision of medical or mental health
3179     care for a child is subject to [Subsections 78A-6-105(40)(b)(i) through (iii) and 78A-6-117(2)
3180     and Section 78A-6-301.5.] Subsections 80-1-102(51)(b)(i) through (iii) and Sections 80-3-109
3181     and 80-3-304.
3182          Section 44. Section 62A-4a-202.3 is amended to read:
3183          62A-4a-202.3. Investigation -- Supported or unsupported reports -- Child in
3184     protective custody.
3185          (1) When a child is taken into protective custody in accordance with Section
3186     62A-4a-202.1[, 78A-6-106, or 78A-6-302,] or 80-3-204 or when the division takes any other
3187     action that would require a shelter hearing under Subsection [78A-6-306] 80-3-301(1), the

3188     division shall immediately initiate an investigation of the:
3189          (a) circumstances of the child; and
3190          (b) grounds upon which the decision to place the child into protective custody was
3191     made.
3192          (2) The division's investigation shall conform to reasonable professional standards, and
3193     shall include:
3194          (a) a search for and review of any records of past reports of abuse or neglect involving:
3195          (i) the same child;
3196          (ii) any sibling or other child residing in the same household as the child; and
3197          (iii) the alleged perpetrator;
3198          (b) with regard to a child who is five years [of age] old or older, a personal interview
3199     with the child:
3200          (i) outside of the presence of the alleged perpetrator; and
3201          (ii) conducted in accordance with the requirements of Subsection (7);
3202          (c) if a parent or guardian can be located, an interview with at least one of the child's
3203     parents or guardian;
3204          (d) an interview with the person who reported the abuse, unless the report was made
3205     anonymously;
3206          (e) where possible and appropriate, interviews with other third parties who have had
3207     direct contact with the child, including:
3208          (i) school personnel; and
3209          (ii) the child's health care provider;
3210          (f) an unscheduled visit to the child's home, unless:
3211          (i) there is a reasonable basis to believe that the reported abuse was committed by a
3212     person who:
3213          (A) is not the child's parent; and
3214          (B) does not:

3215          (I) live in the child's home; or
3216          (II) otherwise have access to the child in the child's home; or
3217          (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
3218          (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
3219     failure to meet the child's medical needs, a medical examination, obtained no later than 24
3220     hours after the child is placed in protective custody.
3221          (3) The division may rely on a written report of a prior interview rather than conducting
3222     an additional interview, if:
3223          (a) law enforcement:
3224          (i) previously conducted a timely and thorough investigation regarding the alleged
3225     abuse, neglect, or dependency; and
3226          (ii) produced a written report;
3227          (b) the investigation described in Subsection (3)(a)(i) included one or more of the
3228     interviews required by Subsection (2); and
3229          (c) the division finds that an additional interview is not in the best interest of the child.
3230          (4) (a) The division's determination of whether a report is supported or unsupported
3231     may be based on the child's statements alone.
3232          (b) Inability to identify or locate the perpetrator may not be used by the division as a
3233     basis for:
3234          (i) determining that a report is unsupported; or
3235          (ii) closing the case.
3236          (c) The division may not determine a case to be unsupported or identify a case as
3237     unsupported solely because the perpetrator was an out-of-home perpetrator.
3238          (d) Decisions regarding whether a report is supported, unsupported, or without merit
3239     shall be based on the facts of the case at the time the report was made.
3240          (5) The division should maintain protective custody of the child if it finds that one or
3241     more of the following conditions exist:

3242          (a) the child does not have a natural parent, guardian, or responsible relative who is
3243     able and willing to provide safe and appropriate care for the child;
3244          (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
3245          (ii) there are no reasonable means by which the child can be protected in:
3246          (A) the child's home; or
3247          (B) the home of a responsible relative;
3248          (c) there is substantial evidence that the parent or guardian is likely to flee the
3249     jurisdiction of the court; or
3250          (d) the child has left a previously court ordered placement.
3251          (6) (a) Within 24 hours after receipt of a child into protective custody, excluding
3252     weekends and holidays, the division shall:
3253          (i) convene a child protection team to review the circumstances regarding removal of
3254     the child from the child's home or school; and
3255          (ii) prepare the testimony and evidence that will be required of the division at the
3256     shelter hearing, in accordance with Section [78A-6-306] 80-3-301.
3257          (b) The child protection team may include members of a child protection unit.
3258          (c) At the 24-hour meeting, the division shall have available for review and
3259     consideration the complete child protective services and foster care history of the child and the
3260     child's parents and siblings.
3261          (7) (a) After receipt of a child into protective custody and prior to the adjudication
3262     hearing, all investigative interviews with the child that are initiated by the division shall be:
3263          (i) except as provided in Subsection (7)(b), audio or video taped; and
3264          (ii) except as provided in Subsection (7)(c), conducted with a support person of the
3265     child's choice present.
3266          (b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may
3267     be conducted without being taped if the child:
3268          (A) is at least nine years old;

3269          (B) refuses to have the interview audio taped; and
3270          (C) refuses to have the interview video taped.
3271          (ii) If, pursuant to Subsection (7)(b)(i), an interview is conducted without being taped,
3272     the child's refusal shall be documented, as follows:
3273          (A) the interviewer shall attempt to get the child's refusal on tape, including the reasons
3274     for the refusal; or
3275          (B) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
3276     interviewer shall:
3277          (I) state on the tape that the child is present, but has refused to have the interview,
3278     refusal, or the reasons for the refusal taped; or
3279          (II) if complying with Subsection (7)(b)(ii)(B)(I) will result in the child, who would
3280     otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
3281     document, in writing, that the child refused to allow the interview to be taped and the reasons
3282     for that refusal.
3283          (iii) The division shall track the number of interviews under this Subsection (7) that are
3284     not taped, and the number of refusals that are not taped, for each interviewer, in order to
3285     determine whether a particular interviewer has a higher incidence of refusals, or taped refusals,
3286     than other interviewers.
3287          (c) (i) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
3288     interview of a child may not be an alleged perpetrator.
3289          (ii) Subsection (7)(a)(ii) does not apply if the child refuses to have a support person
3290     present during the interview.
3291          (iii) If a child described in Subsection (7)(c)(ii) refuses to have a support person
3292     present in the interview, the interviewer shall document, in writing, the refusal and the reasons
3293     for the refusal.
3294          (iv) The division shall track the number of interviews under this Subsection (7) where a
3295     child refuses to have a support person present for each interviewer, in order to determine

3296     whether a particular interviewer has a higher incidence of refusals than other interviewers.
3297          (8) The division shall cooperate with law enforcement investigations and with a child
3298     protection unit, if applicable, regarding the alleged perpetrator.
3299          (9) The division may not close an investigation solely on the grounds that the division
3300     investigator is unable to locate the child until all reasonable efforts have been made to locate
3301     the child and family members including:
3302          (a) visiting the home at times other than normal work hours;
3303          (b) contacting local schools;
3304          (c) contacting local, county, and state law enforcement agencies; and
3305          (d) checking public assistance records.
3306          Section 45. Section 62A-4a-202.4 is amended to read:
3307          62A-4a-202.4. Access to criminal background information.
3308          (1) For purposes of background screening and investigation of abuse or neglect under
3309     this chapter and [Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings,]
3310     Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, the division shall have
3311     direct access to criminal background information maintained pursuant to Title 53, Chapter 10,
3312     Part 2, Bureau of Criminal Identification.
3313          (2) The division and the Office of Guardian Ad Litem are authorized to request the
3314     Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
3315     background check through the national criminal history system (NCIC).
3316          Section 46. Section 62A-4a-202.8 is amended to read:
3317          62A-4a-202.8. Child protection team meeting -- Timing.
3318          (1) Subject to Subsection (2), if the division files a petition under Section [78A-6-304]
3319     80-3-201, the division shall convene a child protection team meeting to:
3320          (a) review the circumstances of the filing of the petition; and
3321          (b) develop or review implementation of a safety plan to protect the child from further
3322     abuse, neglect, or dependency.

3323          (2) The child protection team meeting required under Subsection (1) shall be held
3324     within the shorter of:
3325          (a) 14 days of the day on which the petition is filed under Section [78A-6-304]
3326     80-3-201 if the conditions of Subsection (2)(b) or (c) are not met;
3327          (b) 24 hours of the filing of the petition under Section [78A-6-304] 80-3-201,
3328     excluding weekends and holidays, if the child who is the subject of the petition will likely be
3329     taken into protective custody unless there is an expedited hearing and services ordered under
3330     the protective supervision of the court; or
3331          (c) 24 hours after receipt of a child into protective custody, excluding weekends and
3332     holidays, if the child is taken into protective custody as provided in Section 62A-4a-202.3.
3333          (3) The child protection team may include members of a child protection unit.
3334          (4) At its meeting the child protection team shall review the complete child protective
3335     services and foster care history of the child and the child's parents and siblings.
3336          Section 47. Section 62A-4a-203 is amended to read:
3337          62A-4a-203. Removal of a child from home -- Reasonable efforts to maintain
3338     child in home -- Exception -- Reasonable efforts for reunification.
3339          (1) Because removal of a child from the child's home affects protected, constitutional
3340     rights of the parent and has a dramatic, long-term impact on a child, the division shall:
3341          (a) when possible and appropriate, without danger to the child's welfare, make
3342     reasonable efforts to prevent or eliminate the need for removal of a child from the child's home
3343     prior to placement in substitute care;
3344          (b) determine whether there is substantial cause to believe that a child has been or is in
3345     danger of abuse or neglect, in accordance with the guidelines described in [Title 78A, Chapter
3346     6, Part 3, Abuse, Neglect, and Dependency Proceedings, prior to] Title 80, Chapter 3, Abuse,
3347     Neglect, and Dependency Proceedings, before removing the child from the child's home; and
3348          (c) when it is possible and appropriate, and in accordance with the limitations and
3349     requirements of Sections [78A-6-312 and 78A-6-314] 80-3-406 and 80-3-409, make reasonable

3350     efforts to make it possible for a child in substitute care to return to the child's home.
3351          (2) (a) In determining the reasonableness of efforts needed to maintain a child in the
3352     child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or
3353     (c), the child's health, safety, and welfare shall be the paramount concern.
3354          (b) The division shall consider whether the efforts described in Subsections (1) and (2)
3355     are likely to prevent abuse or continued neglect of the child.
3356          (3) When removal and placement in substitute care is necessary to protect a child, the
3357     efforts described in Subsections (1) and (2):
3358          (a) are not reasonable or appropriate; and
3359          (b) should not be utilized.
3360          (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation,
3361     abandonment, severe abuse, or severe neglect are involved, the state has no duty to make
3362     reasonable efforts to, in any way, attempt to:
3363          (a) maintain a child in the child's home;
3364          (b) provide reunification services; or
3365          (c) rehabilitate the offending parent or parents.
3366          (5) Nothing in Subsection (4) exempts the division from providing court ordered
3367     services.
3368          Section 48. Section 62A-4a-205 is amended to read:
3369          62A-4a-205. Child and family plan -- Parent-time and relative visitation.
3370          (1) No more than 45 days after a child enters the temporary custody of the division, the
3371     child's child and family plan shall be finalized.
3372          (2) (a) The division may use an interdisciplinary team approach in developing each
3373     child and family plan.
3374          (b) The interdisciplinary team described in Subsection (2)(a) may include
3375     representatives from the following fields:
3376          (i) mental health;

3377          (ii) education; and
3378          (iii) if appropriate, law enforcement.
3379          (3) (a) The division shall involve all of the following in the development of a child's
3380     child and family plan:
3381          (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
3382          (ii) the child;
3383          (iii) the child's foster parents; and
3384          (iv) if appropriate, the child's stepparent.
3385          (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or
3386     a party's counsel from being involved in the development of a child's child and family plan if
3387     the party or counsel's participation is otherwise permitted by law.
3388          (c) In relation to all information considered by the division in developing a child and
3389     family plan, additional weight and attention shall be given to the input of the child's natural and
3390     foster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
3391          (d) (i) The division shall make a substantial effort to develop a child and family plan
3392     with which the child's parents agree.
3393          (ii) If a parent does not agree with a child and family plan:
3394          (A) the division shall strive to resolve the disagreement between the division and the
3395     parent; and
3396          (B) if the disagreement is not resolved, the division shall inform the court of the
3397     disagreement.
3398          (4) A copy of the child and family plan shall, immediately upon completion, or as soon
3399     as reasonably possible thereafter, be provided to the:
3400          (a) guardian ad litem;
3401          (b) child's natural parents; and
3402          (c) child's foster parents.
3403          (5) Each child and family plan shall:

3404          (a) specifically provide for the safety of the child, in accordance with federal law; and
3405          (b) clearly define what actions or precautions will, or may be, necessary to provide for
3406     the health, safety, protection, and welfare of the child.
3407          (6) The child and family plan shall set forth, with specificity, at least the following:
3408          (a) the reason the child entered into the custody of the division;
3409          (b) documentation of the:
3410          (i) reasonable efforts made to prevent placement of the child in the custody of the
3411     division; or
3412          (ii) emergency situation that existed and that prevented the reasonable efforts described
3413     in Subsection (6)(b)(i), from being made;
3414          (c) the primary permanency plan for the child and the reason for selection of that plan;
3415          (d) the concurrent permanency plan for the child and the reason for the selection of that
3416     plan;
3417          (e) if the plan is for the child to return to the child's family:
3418          (i) specifically what the parents must do in order to enable the child to be returned
3419     home;
3420          (ii) specifically how the requirements described in Subsection (6)(e)(i) may be
3421     accomplished; and
3422          (iii) how the requirements described in Subsection (6)(e)(i) will be measured;
3423          (f) the specific services needed to reduce the problems that necessitated placing the
3424     child in the division's custody;
3425          (g) the name of the person who will provide for and be responsible for case
3426     management;
3427          (h) subject to Subsection (10), a parent-time schedule between the natural parent and
3428     the child;
3429          (i) subject to Subsection (7), the health and mental health care to be provided to
3430     address any known or diagnosed mental health needs of the child;

3431          (j) if residential treatment rather than a foster home is the proposed placement, a
3432     requirement for a specialized assessment of the child's health needs including an assessment of
3433     mental illness and behavior and conduct disorders;
3434          (k) social summaries that include case history information pertinent to case planning;
3435     and
3436          (l) subject to Subsection (12), a sibling visitation schedule.
3437          (7) (a) Subject to Subsection (7)(b), in addition to the information required under
3438     Subsection (6)(i), the plan shall include a specialized assessment of the medical and mental
3439     health needs of a child, if the child:
3440          (i) is placed in residential treatment; and
3441          (ii) has medical or mental health issues that need to be addressed.
3442          (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
3443     medical or mental health diagnosis of the parent's child from a licensed practitioner of the
3444     parent's choice.
3445          (8) (a) Each child and family plan shall be specific to each child and the child's family,
3446     rather than general.
3447          (b) The division shall train its workers to develop child and family plans that comply
3448     with:
3449          (i) federal mandates; and
3450          (ii) the specific needs of the particular child and the child's family.
3451          (c) All child and family plans and expectations shall be individualized and contain
3452     specific time frames.
3453          (d) Subject to Subsection (8)(h), child and family plans shall address problems that:
3454          (i) keep a child in placement; and
3455          (ii) keep a child from achieving permanence in the child's life.
3456          (e) Each child and family plan shall be designed to minimize disruption to the normal
3457     activities of the child's family, including employment and school.

3458          (f) In particular, the time, place, and amount of services, hearings, and other
3459     requirements ordered by the court in the child and family plan shall be designed, as much as
3460     practicable, to help the child's parents maintain or obtain employment.
3461          (g) The child's natural parents, foster parents, and where appropriate, stepparents, shall
3462     be kept informed of and supported to participate in important meetings and procedures related
3463     to the child's placement.
3464          (h) For purposes of Subsection (8)(d), a child and family plan may only include
3465     requirements that:
3466          (i) address findings made by the court; or
3467          (ii) (A) are requested or consented to by a parent or guardian of the child; and
3468          (B) are agreed to by the division and the guardian ad litem.
3469          (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
3470     years [of age] old or younger, if the plan is not to return the child home, the primary
3471     permanency plan for that child shall be adoption.
3472          (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
3473     is a compelling reason that adoption, reunification, guardianship, and a placement described in
3474     Subsection [78A-6-306] 80-3-301(6)(e) are not in the child's best interest, the court may order
3475     another planned permanent living arrangement in accordance with federal law.
3476          (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
3477     court order issued [pursuant to Subsections 78A-6-312(3), (6), and (7)] in accordance with
3478     Subsection 80-3-406(9).
3479          (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
3480     court to supervise a parent-time session may deny parent-time for that session if the supervising
3481     person determines that, based on the parent's condition, it is necessary to deny parent-time in
3482     order to:
3483          (i) protect the physical safety of the child;
3484          (ii) protect the life of the child; or

3485          (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
3486     contact with the parent.
3487          (c) In determining whether the condition of the parent described in Subsection (10)(b)
3488     will traumatize a child, the person supervising the parent-time session shall consider the impact
3489     that the parent's condition will have on the child in light of:
3490          (i) the child's fear of the parent; and
3491          (ii) the nature of the alleged abuse or neglect.
3492          (11) The division shall consider visitation with their grandparents for children in state
3493     custody if the division determines visitation to be in the best interest of the child and:
3494          (a) there are no safety concerns regarding the behavior or criminal background of the
3495     grandparents;
3496          (b) allowing visitation would not compete with or undermine the reunification plan;
3497          (c) there is a substantial relationship between the grandparents and children; and
3498          (d) the visitation will not unduly burden the foster parents.
3499          (12) The child and family plan shall incorporate reasonable efforts to:
3500          (a) provide sibling visitation when:
3501          (i) siblings are separated due to foster care or adoptive placement;
3502          (ii) visitation is in the best interest of the child for whom the plan is developed; and
3503          (iii) the division has consent for sibling visitation from the legal guardian of the
3504     sibling; and
3505          (b) obtain consent for sibling visitation from the sibling's legal guardian when the
3506     criteria of Subsections (12)(a)(i) and (ii) are met.
3507          Section 49. Section 62A-4a-205.5 is amended to read:
3508          62A-4a-205.5. Prohibition of discrimination based on race, color, or ethnicity.
3509          (1) As used in this section, "adoptable children" means children:
3510          (a) who are in the custody of the division; and
3511          (b) (i) who have permanency goals of adoption; or

3512          (ii) for whom a final plan for pursuing termination of parental rights has been approved
3513     in accordance with Section [78A-6-314] 80-3-409.
3514          (2) Except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963,
3515     the division may not base its decision for placement of adoptable children on the race, color,
3516     ethnicity, or national origin of either the child or the prospective adoptive parents.
3517          (3) The basis of a decision for placement of an adoptable child shall be the best interest
3518     of the child.
3519          Section 50. Section 62A-4a-205.6 is amended to read:
3520          62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
3521          (1) With regard to a child who has a primary permanency plan of adoption or for whom
3522     a final plan for pursuing termination of parental rights has been approved in accordance with
3523     Section [78A-6-314] 80-3-409, the division shall make intensive efforts to place the child in an
3524     adoptive home within 30 days of the earlier of:
3525          (a) approval of the final plan; or
3526          (b) establishment of the primary permanency plan.
3527          (2) If within the time periods described in Subsection (1) the division is unable to
3528     locate a suitable adoptive home, it shall contract with licensed child-placing agencies to search
3529     for an appropriate adoptive home for the child, and to place the child for adoption. The division
3530     shall comply with the requirements of Section 62A-4a-607 and contract with a variety of child
3531     placing agencies licensed under [Title 62A, Chapter 4a,] Part 6, Child Placing. In accordance
3532     with federal law, the division shall develop plans for the effective use of cross-jurisdictional
3533     resources to facilitate timely adoptive or permanent placements for waiting children.
3534          (3) The division shall ensure that children who are adopted and were previously in its
3535     custody, continue to receive the medical and mental health coverage that they are entitled to
3536     under state and federal law.
3537          (4) The division may not consider a prospective adoptive parent's willingness or
3538     unwillingness to enter a postadoption contact agreement under Section 78B-6-146 as a

3539     condition of placing a child with the prospective adoptive parent.
3540          Section 51. Section 62A-4a-206 is amended to read:
3541          62A-4a-206. Process for removal of a child from foster family -- Procedural due
3542     process.
3543          (1) (a) The Legislature finds that, except with regard to a child's natural parent or legal
3544     guardian, a foster family has a very limited but recognized interest in its familial relationship
3545     with a foster child who has been in the care and custody of that family. In making
3546     determinations regarding removal of a child from a foster home, the division may not dismiss
3547     the foster family as a mere collection of unrelated individuals.
3548          (b) The Legislature finds that children in the temporary custody and custody of the
3549     division are experiencing multiple changes in foster care placements with little or no
3550     documentation, and that numerous studies of child growth and development emphasize the
3551     importance of stability in foster care living arrangements.
3552          (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
3553     procedural due process for a foster family prior to removal of a foster child from their home,
3554     regardless of the length of time the child has been in that home, unless removal is for the
3555     purpose of:
3556          (i) returning the child to the child's natural parent or legal guardian;
3557          (ii) immediately placing the child in an approved adoptive home;
3558          (iii) placing the child with a relative, as defined in [Subsection 78A-6-307(1)] Section
3559     80-3-102, who obtained custody or asserted an interest in the child within the preference period
3560     described in Subsection [78A-6-307(18)(a)] 80-3-302(8); or
3561          (iv) placing an Indian child in accordance with [preplacement] placement preferences
3562     and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
3563          (2) (a) The division shall maintain and utilize due process procedures for removal of a
3564     foster child from a foster home, in accordance with the procedures and requirements of Title
3565     63G, Chapter 4, Administrative Procedures Act.

3566          (b) Those procedures shall include requirements for:
3567          (i) personal communication with, and a written explanation of the reasons for the
3568     removal to, the foster parents prior to removal of the child; and
3569          (ii) an opportunity for foster parents to present their information and concerns to the
3570     division and to:
3571          (A) request a review, to be held before removal of the child, by a third party neutral
3572     fact finder; or
3573          (B) if the child has been placed with the foster parents for a period of at least two years,
3574     request a review, to be held before removal of the child, by:
3575          (I) the juvenile court judge currently assigned to the child's case; or
3576          (II) if the juvenile court judge currently assigned to the child's case is not available,
3577     another juvenile court judge.
3578          (c) If the division determines that there is a reasonable basis to believe that the child is
3579     in danger or that there is a substantial threat of danger to the health or welfare of the child, it
3580     shall place the child in emergency foster care during the pendency of the procedures described
3581     in this subsection, instead of making another foster care placement.
3582          (3) If the division removes a child from a foster home based upon the child's statement
3583     alone, the division shall initiate and expedite the processes described in Subsection (2). The
3584     division may take no formal action with regard to that foster parent's license until after those
3585     processes, in addition to any other procedure or hearing required by law, have been completed.
3586          (4) When a complaint is made to the division by a foster child against a foster parent,
3587     the division shall, within 30 business days, provide the foster parent with information regarding
3588     the specific nature of the complaint, the time and place of the alleged incident, and who was
3589     alleged to have been involved.
3590          (5) Whenever the division places a child in a foster home, it shall provide the foster
3591     parents with:
3592          (a) notification of the requirements of this section;

3593          (b) a written description of the procedures enacted by the division pursuant to
3594     Subsection (2) and how to access those processes; and
3595          (c) written notification of the foster parents' ability to petition the juvenile court
3596     directly for review of a decision to remove a foster child who has been in their custody for 12
3597     months or longer, in accordance with the limitations and requirements of Section [78A-6-318]
3598     80-3-502.
3599          (6) The requirements of this section do not apply to the removal of a child based on a
3600     foster parent's request for that removal.
3601          (7) It is unlawful for a person, with the intent to avoid compliance with the
3602     requirements of this section, to:
3603          (a) take action, or encourage another to take action, against the license of a foster
3604     parent; or
3605          (b) remove a child from a foster home before the child has been placed with the foster
3606     parents for two years.
3607          (8) The division may not remove a foster child from a foster parent who is a relative, as
3608     defined in [Subsection 78A-6-307(1)] Section 80-3-102, of the child on the basis of the age or
3609     health of the foster parent without determining by:
3610          (a) clear and convincing evidence that the foster parent is incapable of caring for the
3611     foster child, if the alternative foster parent would not be another relative of the child; or
3612          (b) a preponderance of the evidence that the foster parent is incapable of caring for the
3613     foster child, if the alternative foster parent would be another relative of the child.
3614          Section 52. Section 62A-4a-206.5 is amended to read:
3615          62A-4a-206.5. Child missing from state custody.
3616          (1) When the division receives information that a child in the custody of the division is
3617     missing, has been abducted, or has run away, the division shall:
3618          (a) within 24 hours after the time when the division has reason to believe that the
3619     information is accurate, notify the National Center for Missing and Exploited Children; and

3620          (b) pursue a warrant under Subsection [78A-6-106(6)] 62A-4a-202.1(8).
3621          (2) When the division locates a child described in Subsection (1), the division shall:
3622          (a) determine the primary factors that caused or contributed to the child's absence from
3623     care;
3624          (b) determine the child's experiences while absent from care, including screening the
3625     child to determine if the child is a sex trafficking victim;
3626          (c) to the extent possible, select a placement for the child that accommodates the child's
3627     needs and takes into consideration the factors and experiences described in Subsections (2)(a)
3628     and (b); and
3629          (d) follow the requirements in Section [78A-6-307.5] 80-3-303 for determining an
3630     ongoing placement of the child.
3631          Section 53. Section 62A-4a-207 is amended to read:
3632          62A-4a-207. Legislative Oversight Panel -- Responsibilities.
3633          (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
3634     following members:
3635          (i) two members of the Senate, one from the majority party and one from the minority
3636     party, appointed by the president of the Senate; and
3637          (ii) three members of the House of Representatives, two from the majority party and
3638     one from the minority party, appointed by the speaker of the House of Representatives.
3639          (b) Members of the panel shall serve for two-year terms, or until their successors are
3640     appointed.
3641          (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
3642     when a member resigns from the panel. Vacancies shall be filled by the appointing authority,
3643     and the replacement shall fill the unexpired term.
3644          (2) The president of the Senate shall designate one of the senators appointed to the
3645     panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of
3646     Representatives shall designate one of the representatives appointed to the panel under

3647     Subsection (1) as the House chair of the panel.
3648          (3) The panel shall follow the interim committee rules established by the Legislature.
3649          (4) The panel shall:
3650          (a) examine and observe the process and execution of laws governing the child welfare
3651     system by the executive branch and the judicial branch;
3652          (b) upon request, receive testimony from the public, the juvenile court, and from all
3653     state agencies involved with the child welfare system, including the division, other offices and
3654     agencies within the department, the attorney general's office, the Office of Guardian Ad Litem,
3655     and school districts;
3656          (c) before October 1 of each year, receive a report from the judicial branch identifying
3657     the cases not in compliance with the time limits established in the following sections, and the
3658     reasons for noncompliance:
3659          (i) Subsection [78A-6-306(1)(a)] 80-3-301(1), regarding shelter hearings;
3660          (ii) Section [78A-6-309] 80-3-401, regarding pretrial and adjudication hearings;
3661          (iii) Section [78A-6-312] 80-3-406, regarding dispositional hearings and reunification
3662     services; and
3663          (iv) Section [78A-6-314] 80-3-409, regarding permanency hearings and petitions for
3664     termination;
3665          (d) receive recommendations from, and make recommendations to the governor, the
3666     Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile
3667     court, and the public;
3668          (e) (i) receive reports from the executive branch and the judicial branch on budgetary
3669     issues impacting the child welfare system; and
3670          (ii) recommend, as the panel considers advisable, budgetary proposals to the Social
3671     Services Appropriations Subcommittee and the Executive Offices and Criminal Justice
3672     Appropriations Subcommittee, which recommendation should be made before December 1 of
3673     each year;

3674          (f) study and recommend proposed changes to laws governing the child welfare
3675     system;
3676          (g) study actions the state can take to preserve, unify, and strengthen the child's family
3677     ties whenever possible in the child's best interest, including recognizing the constitutional
3678     rights and claims of parents whenever those family ties are severed or infringed;
3679          (h) perform such other duties related to the oversight of the child welfare system as the
3680     panel considers appropriate; and
3681          (i) annually report the panel's findings and recommendations to the president of the
3682     Senate, the speaker of the House of Representatives, the Health and Human Services Interim
3683     Committee, and the Judiciary Interim Committee.
3684          (5) (a) The panel has authority to review and discuss individual cases.
3685          (b) When an individual case is discussed, the panel's meeting may be closed pursuant
3686     to Title 52, Chapter 4, Open and Public Meetings Act.
3687          (c) When discussing an individual case, the panel shall make reasonable efforts to
3688     identify and consider the concerns of all parties to the case.
3689          (6) (a) The panel has authority to make recommendations to the Legislature, the
3690     governor, the Board of Juvenile Court Judges, the division, and any other statutorily created
3691     entity related to the policies and procedures of the child welfare system. The panel does not
3692     have authority to make recommendations to the court, the division, or any other public or
3693     private entity regarding the disposition of any individual case.
3694          (b) The panel may hold public hearings, as it considers advisable, in various locations
3695     within the state in order to afford all interested persons an opportunity to appear and present
3696     their views regarding the child welfare system in this state.
3697          (7) (a) All records of the panel regarding individual cases shall be classified private,
3698     and may be disclosed only in accordance with federal law and the provisions of Title 63G,
3699     Chapter 2, Government Records Access and Management Act.
3700          (b) The panel shall have access to all of the division's records, including those

3701     regarding individual cases. In accordance with Title 63G, Chapter 2, Government Records
3702     Access and Management Act, all documents and information received by the panel shall
3703     maintain the same classification that was designated by the division.
3704          (8) In order to accomplish its oversight functions, the panel has:
3705          (a) all powers granted to legislative interim committees in Section 36-12-11; and
3706          (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena
3707     Powers.
3708          (9) Compensation and expenses of a member of the panel who is a legislator are
3709     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3710     Expenses.
3711          (10) (a) The Office of Legislative Research and General Counsel shall provide staff
3712     support to the panel.
3713          (b) The panel is authorized to employ additional professional assistance and other staff
3714     members as it considers necessary and appropriate.
3715          Section 54. Section 62A-4a-209 is amended to read:
3716          62A-4a-209. Emergency placement.
3717          (1) As used in this section:
3718          (a) "Friend" means the same as that term is defined in [Subsection 78A-6-307(1)]
3719     Section 80-3-102.
3720          (b) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
3721          (c) "Relative" means the same as that term is defined in [Subsection 78A-6-307(1)]
3722     Section 80-3-102.
3723          (2) The division may use an emergency placement under Subsection
3724     62A-4a-202.1[(4)(b)(ii)](7)(b) when:
3725          (a) the case worker has made the determination that:
3726          (i) the child's home is unsafe;
3727          (ii) removal is necessary under the provisions of Section 62A-4a-202.1; and

3728          (iii) the child's custodial parent or guardian will agree to not remove the child from the
3729     home of the individual that serves as the placement and not have any contact with the child
3730     until after the shelter hearing required by Section [78A-6-306] 80-3-301;
3731          (b) an individual, with preference being given in accordance with Subsection (4), can
3732     be identified who has the ability and is willing to provide care for the child who would
3733     otherwise be placed in shelter care, including:
3734          (i) taking the child to medical, mental health, dental, and educational appointments at
3735     the request of the division; and
3736          (ii) making the child available to division services and the guardian ad litem; and
3737          (c) the individual described in Subsection (2)(b) agrees to care for the child on an
3738     emergency basis under the following conditions:
3739          (i) the individual meets the criteria for an emergency placement under Subsection (3);
3740          (ii) the individual agrees to not allow the custodial parent or guardian to have any
3741     contact with the child until after the shelter hearing unless authorized by the division in writing;
3742          (iii) the individual agrees to contact law enforcement and the division if the custodial
3743     parent or guardian attempts to make unauthorized contact with the child;
3744          (iv) the individual agrees to allow the division and the child's guardian ad litem to have
3745     access to the child;
3746          (v) the individual has been informed and understands that the division may continue to
3747     search for other possible placements for long-term care, if needed;
3748          (vi) the individual is willing to assist the custodial parent or guardian in reunification
3749     efforts at the request of the division, and to follow all court orders; and
3750          (vii) the child is comfortable with the individual.
3751          (3) Except as otherwise provided in Subsection (5), before the division places a child in
3752     an emergency placement, the division:
3753          (a) may request the name of a reference and may contact the reference to determine the
3754     answer to the following questions:

3755          (i) would the individual identified as a reference place a child in the home of the
3756     emergency placement; and
3757          (ii) are there any other relatives or friends to consider as a possible emergency or
3758     long-term placement for the child;
3759          (b) shall have the custodial parent or guardian sign an emergency placement agreement
3760     form during the investigation;
3761          (c) (i) if the emergency placement will be with a relative, shall comply with the
3762     background check provisions described in Subsection (7); or
3763          (ii) if the emergency placement will be with an individual other than a noncustodial
3764     parent or a relative, shall comply with the background check provisions described in
3765     Subsection (8) for adults living in the household where the child will be placed;
3766          (d) shall complete a limited home inspection of the home where the emergency
3767     placement is made; and
3768          (e) shall have the emergency placement approved by a family service specialist.
3769          (4) (a) The following order of preference shall be applied when determining the
3770     individual with whom a child will be placed in an emergency placement described in this
3771     section, provided that the individual is willing, and has the ability, to care for the child:
3772          (i) a noncustodial parent of the child in accordance with Section [78A-6-307]
3773     80-3-302;
3774          (ii) a relative;
3775          (iii) subject to Subsection (4)(b), a friend designated by the custodial parent, guardian,
3776     or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a
3777     placement;
3778          (iv) a former foster placement designated by the division;
3779          (v) a foster placement, that is not a former foster placement, designated by the division;
3780     and
3781          (vi) a shelter facility designated by the division.

3782          (b) In determining whether a friend is a willing and appropriate temporary emergency
3783     placement for a child, the division:
3784          (i) subject to Subsections (4)(b)(ii) through (iv), shall consider the child's preferences
3785     or level of comfort with the friend;
3786          (ii) is required to consider no more than one friend designated by each parent or legal
3787     guardian of the child and one friend designated by the child, if the child is of sufficient maturity
3788     to articulate the child's wishes in relation to a placement;
3789          (iii) may limit the number of designated friends to two, one of whom shall be a friend
3790     designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
3791     relation to a placement; and
3792          (iv) shall give preference to a friend designated by the child, if:
3793          (A) the child is of sufficient maturity to articulate the child's wishes; and
3794          (B) the division's basis for removing the child under Section 62A-4a-202.1 is sexual
3795     abuse of the child.
3796          (5) (a) The division may, pending the outcome of the investigation described in
3797     Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
3798     parent if, based on a limited investigation, prior to making the emergency placement, the
3799     division:
3800          (i) determines that the noncustodial parent has regular, unsupervised visitation with the
3801     child that is not prohibited by law or court order;
3802          (ii) determines that there is not reason to believe that the child's health or safety will be
3803     endangered during the emergency placement; and
3804          (iii) has the custodial parent or guardian sign an emergency placement agreement.
3805          (b) Either before or after making an emergency placement with the noncustodial parent
3806     of the child, the division may conduct the investigation described in Subsection (3)(a) in
3807     relation to the noncustodial parent.
3808          (c) Before, or within one day, excluding weekends and holidays, after a child is placed

3809     in an emergency placement with the noncustodial parent of the child, the division shall conduct
3810     a limited:
3811          (i) background check of the noncustodial parent, pursuant to Subsection (7); and
3812          (ii) inspection of the home where the emergency placement is made.
3813          (6) After an emergency placement, the division caseworker must:
3814          (a) respond to the emergency placement's calls within one hour if the custodial parents
3815     or guardians attempt to make unauthorized contact with the child or attempt to remove the
3816     child;
3817          (b) complete all removal paperwork, including the notice provided to the custodial
3818     parents and guardians under Section [78A-6-306] 80-3-301;
3819          (c) contact the attorney general to schedule a shelter hearing;
3820          (d) complete the placement procedures required in Section [78A-6-307] 80-3-302; and
3821          (e) continue to search for other relatives as a possible long-term placement, if needed.
3822          (7) (a) The background check described in Subsection (3)(c)(i) shall include
3823     completion of:
3824          (i) a name-based, Utah Bureau of Criminal Identification background check; and
3825          (ii) a search of the Management Information System described in Section
3826     62A-4a-1003.
3827          (b) The division shall determine whether an individual passes the background check
3828     described in this Subsection (7) pursuant to the provisions of Subsection 62A-2-120(14).
3829          (c) Notwithstanding Subsection (7)(b), the division may not place a child with an
3830     individual who is prohibited by court order from having access to that child.
3831          (8) (a) The background check described in Subsection (3)(c)(ii) shall include
3832     completion of:
3833          (i) a name-based, Utah Bureau of Criminal Identification background check;
3834          (ii) a federal name-based criminal background check; and
3835          (iii) a search of the Management Information System described in Section

3836     62A-4a-1003.
3837          (b) The division shall determine whether an individual passes the background checks
3838     described in this Subsection (8) pursuant to the provisions of Section 62A-2-120.
3839          (c) If the division denies placement of a child as a result of a name-based criminal
3840     background check described in Subsection (8)(a), and the individual contests that denial, the
3841     individual shall submit a complete set of fingerprints with written permission to the Utah
3842     Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a
3843     fingerprint-based criminal background check.
3844          (d) (i) Within 15 calendar days of the name-based background checks, the division
3845     shall require an individual to provide a complete set of fingerprints with written permission to
3846     the Utah Bureau of Criminal Identification for submission to the Federal Bureau of
3847     Investigation for a fingerprint-based criminal background check.
3848          (ii) If an individual fails to provide the fingerprints and written permission described in
3849     Subsection (8)(d)(i), the child shall immediately be removed from the home.
3850          Section 55. Section 62A-4a-409 is amended to read:
3851          62A-4a-409. Investigation by division -- Temporary protective custody --
3852     Preremoval interviews of children.
3853          (1) (a) Except as provided in Subsection (1)(c), the division shall conduct a thorough
3854     preremoval investigation upon receiving either an oral or written report of alleged abuse or
3855     neglect, or an oral or written report under Subsection 62A-4a-404(2), when there is reasonable
3856     cause to suspect that a situation of abuse, neglect, or the circumstances described under
3857     Subsection 62A-4a-404(2) exist.
3858          (b) The primary purpose of the investigation described in Subsection (1)(a) shall be
3859     protection of the child.
3860          (c) The division is not required to conduct an investigation under Subsection (1)(a) if
3861     the division determines the person responsible for the child's care:
3862          (i) is not the alleged perpetrator; and

3863          (ii) is willing and able to ensure the alleged perpetrator does not have access to the
3864     child.
3865          (2) The preremoval investigation described in Subsection (1)(a) shall include the same
3866     investigative requirements described in Section 62A-4a-202.3.
3867          (3) The division shall make a written report of its investigation that shall include a
3868     determination regarding whether the alleged abuse or neglect is supported, unsupported, or
3869     without merit.
3870          (4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
3871     with reports made under this part.
3872          (b) The division shall convene a child protection team to assist the division in the
3873     division's protective, diagnostic, assessment, treatment, and coordination services.
3874          (c) The division may include members of a child protection unit in the division's
3875     protective, diagnostic, assessment, treatment, and coordination services.
3876          (d) A representative of the division shall serve as the team's coordinator and chair.
3877     Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
3878     shall include representatives of:
3879          (i) health, mental health, education, and law enforcement agencies;
3880          (ii) the child;
3881          (iii) parent and family support groups unless the parent is alleged to be the perpetrator;
3882     and
3883          (iv) other appropriate agencies or individuals.
3884          (5) If a report of neglect is based upon or includes an allegation of educational neglect,
3885     the division shall immediately consult with school authorities to verify the child's status in
3886     accordance with Sections 53G-6-201 through 53G-6-206.
3887          (6) When the division completes the division's initial investigation under this part, the
3888     division shall give notice of that completion to the person who made the initial report.
3889          (7) Division workers or other child protection team members have authority to enter

3890     upon public or private premises, using appropriate legal processes, to investigate reports of
3891     alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
3892     Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
3893          (8) With regard to any interview of a child prior to removal of that child from the
3894     child's home:
3895          (a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
3896     the child prior to the interview of:
3897          (i) the specific allegations concerning the child; and
3898          (ii) the time and place of the interview;
3899          (b) if a child's parent or stepparent, or a parent's paramour has been identified as the
3900     alleged perpetrator, the division is not required to comply with Subsection (8)(a);
3901          (c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
3902     is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
3903     minutes, with the child prior to complying with Subsection (8)(a);
3904          (d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
3905     notified as soon as practicable after the child has been interviewed, but in no case later than 24
3906     hours after the interview has taken place;
3907          (e) a child's parents shall be notified of the time and place of all subsequent interviews
3908     with the child; and
3909          (f) the child shall be allowed to have a support person of the child's choice present,
3910     who:
3911          (i) may include:
3912          (A) a school teacher;
3913          (B) an administrator;
3914          (C) a guidance counselor;
3915          (D) a child care provider;
3916          (E) a family member;

3917          (F) a family advocate; or
3918          (G) a member of the clergy; and
3919          (ii) may not be an individual who is alleged to be, or potentially may be, the
3920     perpetrator.
3921          (9) In accordance with the procedures and requirements of Sections 62A-4a-202.1
3922     through 62A-4a-202.3, a division worker or child protection team member may take a child
3923     into protective custody and deliver the child to a law enforcement officer, or place the child in
3924     an emergency shelter facility approved by the juvenile court, at the earliest opportunity
3925     subsequent to the child's removal from the child's original environment. Control and
3926     jurisdiction over the child is determined by the provisions of [Title 78A, Chapter 6, Juvenile
3927     Court Act] Title 78A, Chapter 6, Juvenile Court, and Title 80, Utah Juvenile Code, and as
3928     otherwise provided by law.
3929          (10) With regard to cases in which law enforcement has or is conducting an
3930     investigation of alleged abuse or neglect of a child:
3931          (a) the division shall coordinate with law enforcement to ensure that there is an
3932     adequate safety plan to protect the child from further abuse or neglect; and
3933          (b) the division is not required to duplicate an aspect of the investigation that, in the
3934     division's determination, has been satisfactorily completed by law enforcement.
3935          (11) With regard to a mutual case in which a child protection unit was involved in the
3936     investigation of alleged abuse or neglect of a child, the division shall consult with the child
3937     protection unit before closing the case.
3938          Section 56. Section 62A-4a-412 is amended to read:
3939          62A-4a-412. Reports, information, and referrals confidential.
3940          (1) Except as otherwise provided in this chapter, reports made under this part, as well
3941     as any other information in the possession of the division obtained as the result of a report are
3942     private, protected, or controlled records under Title 63G, Chapter 2, Government Records
3943     Access and Management Act, and may only be made available to:

3944          (a) a police or law enforcement agency investigating a report of known or suspected
3945     abuse or neglect, including members of a child protection unit;
3946          (b) a physician who reasonably believes that a child may be the subject of abuse or
3947     neglect;
3948          (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
3949     who is the subject of a report;
3950          (d) a contract provider that has a written contract with the division to render services to
3951     a minor who is the subject of a report;
3952          (e) except as provided in Subsection 63G-2-202(10), a subject of the report, the natural
3953     parents of the child, and the guardian ad litem;
3954          (f) a court, upon a finding that access to the records may be necessary for the
3955     determination of an issue before the court, provided that in a divorce, custody, or related
3956     proceeding between private parties, the record alone is:
3957          (i) limited to objective or undisputed facts that were verified at the time of the
3958     investigation; and
3959          (ii) devoid of conclusions drawn by the division or any of the division's workers on the
3960     ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
3961     neglect of another person;
3962          (g) an office of the public prosecutor or its deputies in performing an official duty;
3963          (h) a person authorized by a Children's Justice Center, for the purposes described in
3964     Section 67-5b-102;
3965          (i) a person engaged in bona fide research, when approved by the director of the
3966     division, if the information does not include names and addresses;
3967          (j) the State Board of Education, acting on behalf of itself or on behalf of a local
3968     education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
3969     individual should be permitted to obtain or retain a license as an educator or serve as an
3970     employee or volunteer in a school, limited to information with substantiated or supported

3971     findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
3972     offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
3973     the Person, and with the understanding that the office must provide the subject of a report
3974     received under Subsection (1)(k) with an opportunity to respond to the report before making a
3975     decision concerning licensure or employment;
3976          (k) any person identified in the report as a perpetrator or possible perpetrator of abuse
3977     or neglect, after being advised of the screening prohibition in Subsection (2);
3978          (l) except as provided in Subsection 63G-2-202(10), a person filing a petition for a
3979     child protective order on behalf of a child who is the subject of the report;
3980          (m) a licensed child-placing agency or person who is performing a preplacement
3981     adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
3982     78B-6-130;
3983          (n) an Indian tribe to:
3984          (i) certify or license a foster home;
3985          (ii) render services to a subject of a report; or
3986          (iii) investigate an allegation of abuse, neglect, or dependency; or
3987          (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
3988     local substance abuse authority, described in Section 17-43-201, for the purpose of providing
3989     substance abuse treatment to a pregnant woman, or the services described in Subsection
3990     62A-15-103(2)(o).
3991          (2) (a) A person, unless listed in Subsection (1), may not request another person to
3992     obtain or release a report or any other information in the possession of the division obtained as
3993     a result of the report that is available under Subsection (1)(k) to screen for potential
3994     perpetrators of abuse or neglect.
3995          (b) A person who requests information knowing that the request is a violation of
3996     Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
3997          (3) (a) Except as provided in Section 62A-4a-1007 and Subsection (3)(b), the division

3998     and law enforcement officials shall ensure the anonymity of the person or persons making the
3999     initial report and any others involved in its subsequent investigation.
4000          (b) Notwithstanding any other provision of law, excluding Section [78A-6-317]
4001     80-3-107, but including this chapter and Title 63G, Chapter 2, Government Records Access
4002     and Management Act, when the division makes a report or other information in the division's
4003     possession available under Subsection (1)(e) to a subject of the report or a parent of a child, the
4004     division shall remove from the report or other information only the names, addresses, and
4005     telephone numbers of individuals or specific information that could:
4006          (i) identify the referent;
4007          (ii) impede a criminal investigation; or
4008          (iii) endanger a person's safety.
4009          (4) Any person who [wilfully] willfully permits, or aides and abets the release of data
4010     or information obtained as a result of this part, in the possession of the division or contained on
4011     any part of the Management Information System, in violation of this part or Sections
4012     62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
4013          (5) The physician-patient privilege is not a ground for excluding evidence regarding a
4014     child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
4015     good faith pursuant to this part.
4016          (6) A child-placing agency or person who receives a report in connection with a
4017     preplacement adoptive evaluation pursuant to Sections 78B-6-128 and 78B-6-130:
4018          (a) may provide this report to the person who is the subject of the report; and
4019          (b) may provide this report to a person who is performing a preplacement adoptive
4020     evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
4021     licensed child-placing agency or to an attorney seeking to facilitate an adoption.
4022          Section 57. Section 62A-4a-607 is amended to read:
4023          62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
4024     parents.

4025          (1) (a) The division and all child-placing agencies licensed under this part shall
4026     promote adoption when that is a possible and appropriate alternative for a child. Specifically, in
4027     accordance with Section 62A-4a-205.6, the division shall actively promote the adoption of all
4028     children in its custody who have a final plan for termination of parental rights pursuant to
4029     Section [78A-6-314] 80-3-409 or a primary permanency plan of adoption.
4030          (b) Beginning May 1, 2000, the division may not place a child for adoption, either
4031     temporarily or permanently, with any individual or individuals who do not qualify for adoptive
4032     placement pursuant to the requirements of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
4033          (2) The division shall obtain or conduct research of prior adoptive families to
4034     determine what families may do to be successful with their adoptive children and shall make
4035     this research available to potential adoptive parents.
4036          (3) (a) A child-placing agency licensed under this part shall inform each potential
4037     adoptive parent with whom it is working that:
4038          (i) children in the custody of the state are available for adoption;
4039          (ii) Medicaid coverage for medical, dental, and mental health services may be available
4040     for these children;
4041          (iii) tax benefits, including the tax credit provided for in Section 59-10-1104, and
4042     financial assistance may be available to defray the costs of adopting these children;
4043          (iv) training and ongoing support may be available to the adoptive parents of these
4044     children; and
4045          (v) information about individual children may be obtained by contacting the division's
4046     offices or its Internet site as explained by the child-placing agency.
4047          (b) A child-placing agency shall:
4048          (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
4049     and
4050          (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
4051     accordance with Subsection (3)(d).

4052          (c) As a condition of licensure, the child-placing agency shall certify to the Office of
4053     Licensing at the time of license renewal that it has complied with the provisions of this section.
4054          (d) Before July 1, 2000, the division shall:
4055          (i) prepare a pamphlet that explains the information that is required by Subsection
4056     (3)(a); and
4057          (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to
4058     child-placing agencies.
4059          (e) The division shall respond to any inquiry made as a result of the notice provided in
4060     Subsection (3)(a).
4061          Section 58. Section 62A-4a-711 is amended to read:
4062          62A-4a-711. Penalty.
4063          An individual or entity that knowingly engages in an unregulated custody transfer, as
4064     defined in Section [78A-6-105] 80-1-102, is guilty of a class B misdemeanor.
4065          Section 59. Section 62A-4a-802 is amended to read:
4066          62A-4a-802. Safe relinquishment of a newborn child.
4067          (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
4068     hospital in accordance with the provisions of this part and retain complete anonymity, so long
4069     as the newborn child has not been subject to abuse or neglect.
4070          (b) Safe relinquishment of a newborn child who has not otherwise been subject to
4071     abuse or neglect shall not, in and of itself, constitute neglect [as defined in Section 78A-6-105],
4072     and the newborn child shall not be considered a neglected child, as defined in Section
4073     [78A-6-105] 80-1-102, so long as the relinquishment is carried out in substantial compliance
4074     with the provisions of this part.
4075          (2) (a) Personnel employed by a hospital shall accept a newborn child who is
4076     relinquished pursuant to the provisions of this part, and may presume that the individual
4077     relinquishing is the newborn child's parent or the parent's designee.
4078          (b) The person receiving the newborn child may request information regarding the

4079     parent and newborn child's medical histories, and identifying information regarding the
4080     nonrelinquishing parent of the newborn child.
4081          (c) If the newborn child's parent or the parent's designee provides the person receiving
4082     the newborn child with any of the information described in Subsection (2)(b) or any other
4083     personal items, the person shall provide the information or personal items to the division.
4084          (d) Personnel employed by the hospital shall:
4085          (i) provide any necessary medical care to the newborn child;
4086          (ii) notify the division of receipt of the newborn child as soon as possible, but no later
4087     than 24 hours after receipt of the newborn child; and
4088          (iii) prepare a birth certificate or foundling birth certificate if parentage is unknown for
4089     the newborn child and file the certificate with the Office of Vital Records and Statistics within
4090     the Department of Health.
4091          (e) A hospital and personnel employed by a hospital are immune from any civil or
4092     criminal liability arising from accepting a newborn child if the personnel employed by the
4093     hospital substantially comply with the provisions of this part and medical treatment is
4094     administered according to standard medical practice.
4095          (3) The division shall assume care and custody of the newborn child immediately upon
4096     notice from the hospital.
4097          (4) So long as the division determines there is no abuse or neglect of the newborn
4098     child, neither the newborn child nor the child's parents are subject to:
4099          (a) the provisions of Part 2, Child Welfare Services;
4100          (b) the investigation provisions contained in Section 62A-4a-409; or
4101          (c) the provisions of [Title 78A, Chapter 6, Part] Title 80, Chapter 3, Abuse, Neglect,
4102     and Dependency Proceedings.
4103          (5) (a) Unless identifying information relating to the nonrelinquishing parent of the
4104     newborn child has been provided, the division shall:
4105          (i) work with local law enforcement and the Bureau of Criminal Identification within

4106     the Department of Public Safety in an effort to ensure that the newborn child has not been
4107     identified as a missing child;
4108          (ii) immediately place or contract for placement of the newborn child in a potential
4109     adoptive home and, within 10 days after the day on which the child is received, file a petition
4110     for termination of parental rights in accordance with [Title 78A, Chapter 6, Part 5, Termination
4111     of Parental Rights Act] Title 80, Chapter 4, Termination and Restoration of Parental Rights;
4112          (iii) direct the Office of Vital Records and Statistics within the Department of Health to
4113     conduct a search for:
4114          (A) a birth certificate for the newborn child; and
4115          (B) unmarried biological fathers in the registry maintained by the Office of Vital
4116     Records and Statistics in accordance with Title 78B, Chapter 15, Part 4, Registry; and
4117          (iv) provide notice to each potential father identified on the registry described in
4118     Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
4119          (b) (i) If no individual has affirmatively identified himself or herself within two weeks
4120     after the day on which notice under Subsection (5)(a)(iv) is complete and established paternity
4121     by scientific testing within as expeditious a time frame as practicable, a hearing on the petition
4122     for termination of parental rights shall be scheduled and notice provided in accordance with
4123     [Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act] Title 80, Chapter 4,
4124     Termination and Restoration of Parental Rights.
4125          (ii) If a nonrelinquishing parent is not identified, relinquishment of a newborn child
4126     pursuant to the provisions of this part shall be considered grounds for termination of parental
4127     rights of both the relinquishing and nonrelinquishing parents under Section [78A-6-507]
4128     80-4-301.
4129          (6) If at any time prior to the adoption, a court finds it is in the best interest of the
4130     newborn child, the court shall deny the petition for termination of parental rights.
4131          (7) The division shall provide for, or contract with a licensed child-placing agency to
4132     provide for expeditious adoption of the newborn child.

4133          (8) So long as the individual relinquishing a newborn child is the newborn child's
4134     parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn child in
4135     substantial compliance with the provisions of this part is an affirmative defense to any potential
4136     criminal liability for abandonment or neglect relating to that relinquishment.
4137          Section 60. Section 62A-4a-1005 is amended to read:
4138          62A-4a-1005. Supported finding of a severe type of child abuse or neglect --
4139     Notation in Licensing Information System -- Juvenile court petition or notice to alleged
4140     perpetrator -- Rights of alleged perpetrator -- Juvenile court finding.
4141          (1) If the division makes a supported finding that a person committed a severe type of
4142     child abuse or neglect, the division shall:
4143          (a) serve notice of the finding on the alleged perpetrator;
4144          (b) enter the following information into the Licensing Information System created in
4145     Section 62A-4a-1006:
4146          (i) the name and other identifying information of the perpetrator with the supported
4147     finding, without identifying the person as a perpetrator or alleged perpetrator; and
4148          (ii) a notation to the effect that an investigation regarding the person is pending; and
4149          (c) if the division considers it advisable, file a petition for substantiation within one
4150     year of the supported finding.
4151          (2) The notice referred to in Subsection (1)(a):
4152          (a) shall state that:
4153          (i) the division has conducted an investigation regarding alleged abuse or neglect;
4154          (ii) the division has made a supported finding that the alleged perpetrator described in
4155     Subsection (1) committed a severe type of child abuse or neglect;
4156          (iii) facts gathered by the division support the supported finding;
4157          (iv) as a result of the supported finding, the alleged perpetrator's name and other
4158     identifying information have been listed in the Licensing Information System in accordance
4159     with Subsection (1)(b);

4160          (v) the alleged perpetrator may be disqualified from adopting a child, receiving state
4161     funds as a child care provider, or being licensed by:
4162          (A) the department;
4163          (B) a human services licensee;
4164          (C) a child care provider or program; or
4165          (D) a covered health care facility;
4166          (vi) the alleged perpetrator has the rights described in Subsection (3); and
4167          (vii) failure to take either action described in Subsection (3)(a) within one year after
4168     service of the notice will result in the action described in Subsection (3)(b);
4169          (b) shall include a general statement of the nature of the findings; and
4170          (c) may not include:
4171          (i) the name of a victim or witness; or
4172          (ii) any privacy information related to the victim or a witness.
4173          (3) (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator
4174     has the right to:
4175          (i) file a written request asking the division to review the findings made under
4176     Subsection (1);
4177          (ii) except as provided in Subsection (3)(c), immediately petition the juvenile court
4178     under Section [78A-6-323] 80-3-404; or
4179          (iii) sign a written consent to:
4180          (A) the supported finding made under Subsection (1); and
4181          (B) entry into the Licensing Information System of:
4182          (I) the alleged perpetrator's name; and
4183          (II) other information regarding the supported finding made under Subsection (1).
4184          (b) Except as provided in Subsection (3)(e), the alleged perpetrator's name and the
4185     information described in Subsection (1)(b) shall remain in the Licensing Information System:
4186          (i) if the alleged perpetrator fails to take the action described in Subsection (3)(a)

4187     within one year after service of the notice described in Subsections (1)(a) and (2);
4188          (ii) during the time that the division awaits a response from the alleged perpetrator
4189     pursuant to Subsection (3)(a); and
4190          (iii) until a court determines that the severe type of child abuse or neglect upon which
4191     the Licensing Information System entry was based is unsubstantiated or without merit.
4192          (c) The alleged perpetrator has no right to petition the juvenile court under Subsection
4193     (3)(a)(ii) if the court previously held a hearing on the same alleged incident of abuse or neglect
4194     pursuant to the filing of a petition under Section [78A-6-304] 80-3-201 by some other party.
4195          (d) Consent under Subsection (3)(a)(iii) by a child shall be given by the child's parent
4196     or guardian.
4197          (e) Regardless of whether an appeal on the matter is pending:
4198          (i) the division shall remove an alleged perpetrator's name and the information
4199     described in Subsection (1)(b) from the Licensing Information System if the severe type of
4200     child abuse or neglect upon which the Licensing Information System entry was based:
4201          (A) is found to be unsubstantiated or without merit by the juvenile court under Section
4202     [78A-6-323] 80-3-404; or
4203          (B) is found to be substantiated, but is subsequently reversed on appeal; and
4204          (ii) the division shall place back on the Licensing Information System an alleged
4205     perpetrator's name and information that is removed from the Licensing Information System
4206     under Subsection (3)(e)(i) if the court action that was the basis for removing the alleged
4207     perpetrator's name and information is subsequently reversed on appeal.
4208          (4) Upon the filing of a petition under Subsection (1)(c), the juvenile court shall make a
4209     finding of substantiated, unsubstantiated, or without merit as provided in Subsections
4210     [78A-6-323] 80-3-404(1) and (2).
4211          (5) Service of the notice described in Subsections (1)(a) and (2):
4212          (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
4213     and

4214          (b) does not preclude civil or criminal action against the alleged perpetrator.
4215          Section 61. Section 62A-4a-1006 is amended to read:
4216          62A-4a-1006. Licensing Information System -- Contents -- Juvenile court finding
4217     -- Protected record -- Access -- Criminal penalty.
4218          (1) (a) The division shall maintain a sub-part of the Management Information System
4219     established pursuant to Section 62A-4a-1003, to be known as the Licensing Information
4220     System, to be used:
4221          (i) for licensing purposes; or
4222          (ii) as otherwise specifically provided for by law.
4223          (b) The Licensing Information System shall include only the following information:
4224          (i) the information described in Subsections 62A-4a-1005(1)(b) and (3)(b);
4225          (ii) consented-to supported findings by alleged perpetrators under Subsection
4226     62A-4a-1005(3)(a)(iii); and
4227          (iii) the information in the licensing part of the division's Management Information
4228     System as of May 6, 2002.
4229          (2) Notwithstanding Subsection (1), the department's access to information in the
4230     Management Information System for the licensure and monitoring of foster parents is governed
4231     by Sections 62A-4a-1003 and 62A-2-121.
4232          (3) Subject to Subsection 62A-4a-1005(3)(e), upon receipt of a finding from the
4233     juvenile court under Section [78A-6-323] 80-3-404, the division shall:
4234          (a) promptly amend the Licensing Information System; and
4235          (b) enter the information in the Management Information System.
4236          (4) (a) Information contained in the Licensing Information System is classified as a
4237     protected record under Title 63G, Chapter 2, Government Records Access and Management
4238     Act.
4239          (b) Notwithstanding the disclosure provisions of Title 63G, Chapter 2, Government
4240     Records Access and Management Act, the information contained in the Licensing Information

4241     System may only be used or disclosed as specifically provided in this chapter and Section
4242     62A-2-121.
4243          (c) The information described in Subsection (4)(b) is accessible only to:
4244          (i) the Office of Licensing within the department:
4245          (A) for licensing purposes; or
4246          (B) as otherwise specifically provided for by law;
4247          (ii) the division to:
4248          (A) screen an individual at the request of the Office of Guardian Ad Litem:
4249          (I) at the time that individual seeks a paid or voluntary position with the Office of
4250     Guardian Ad Litem; and
4251          (II) on an annual basis, throughout the time that the individual remains with the Office
4252     of Guardian Ad Litem; and
4253          (B) respond to a request for information from a person whose name is listed in the
4254     Licensing Information System;
4255          (iii) persons designated by the Department of Health and approved by the Department
4256     of Human Services, only for the following purposes:
4257          (A) licensing a child care program or provider;
4258          (B) determining whether an individual associated with a child care facility, program, or
4259     provider, who is exempt from being licensed or certified by the Department of Health under
4260     Title 26, Chapter 39, Utah Child Care Licensing Act, has a supported finding of a severe type
4261     of child abuse or neglect; or
4262          (C) determining whether an individual who is seeking an emergency medical services
4263     license has a supported finding of a severe type of child abuse or neglect;
4264          (iv) persons designated by the Department of Workforce Services and approved by the
4265     Department of Human Services for the purpose of qualifying child care providers under Section
4266     35A-3-310.5; and
4267          (v) the department, as specifically provided in this chapter.

4268          (5) The persons designated by the Department of Health under Subsection (4)(c)(iii)
4269     and the persons designated by the Department of Workforce Services under Subsection
4270     (4)(c)(iv) shall adopt measures to:
4271          (a) protect the security of the Licensing Information System; and
4272          (b) strictly limit access to the Licensing Information System to those persons
4273     designated by statute.
4274          (6) All persons designated by statute as having access to information contained in the
4275     Licensing Information System shall be approved by the Department of Human Services and
4276     receive training from the department with respect to:
4277          (a) accessing the Licensing Information System;
4278          (b) maintaining strict security; and
4279          (c) the criminal provisions of Sections 62A-4a-412 and 63G-2-801 pertaining to the
4280     improper release of information.
4281          (7) (a) A person, except those authorized by this chapter, may not request another
4282     person to obtain or release any other information in the Licensing Information System to screen
4283     for potential perpetrators of abuse or neglect.
4284          (b) A person who requests information knowing that the request is a violation of this
4285     Subsection (7) is subject to the criminal penalty described in Sections 62A-4a-412 and
4286     63G-2-801.
4287          Section 62. Section 62A-4a-1009 is amended to read:
4288          62A-4a-1009. Notice and opportunity to challenge supported finding in
4289     Management Information System -- Right of judicial review.
4290          (1) (a) Except as provided in Subsection (2), the division shall send a notice of agency
4291     action to a person with respect to whom the division makes a supported finding. In addition, if
4292     the alleged perpetrator is under the age of 18, the division shall:
4293          (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
4294          (ii) send a notice to each parent or guardian identified under Subsection (1)(a)(i) that

4295     lives at a different address, unless there is good cause, as defined by rule, for not sending a
4296     notice to a parent or guardian.
4297          (b) Nothing in this section may be construed as affecting:
4298          (i) the manner in which the division conducts an investigation; or
4299          (ii) the use or effect, in any other setting, of a supported finding by the division at the
4300     completion of an investigation for any purpose other than for notification under Subsection (1)
4301     (a).
4302          (2) Subsection (1) does not apply to a person who has been served with notice under
4303     Subsection 62A-4a-1005(1)(a).
4304          (3) The notice described in Subsection (1) shall state:
4305          (a) that the division has conducted an investigation regarding alleged abuse, neglect, or
4306     dependency;
4307          (b) that the division has made a supported finding of abuse, neglect, or dependency;
4308          (c) that facts gathered by the division support the supported finding;
4309          (d) that the person has the right to request:
4310          (i) a copy of the report; and
4311          (ii) an opportunity to challenge the supported finding by the division; and
4312          (e) that failure to request an opportunity to challenge the supported finding within 30
4313     days of receiving the notice will result in an unappealable supported finding of abuse, neglect,
4314     or dependency unless the person can show good cause for why compliance within the 30-day
4315     requirement was virtually impossible or unreasonably burdensome.
4316          (4) (a) A person may make a request to challenge a supported finding within 30 days of
4317     a notice being received under this section.
4318          (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
4319     Hearings shall hold an adjudicative proceeding pursuant to Title 63G, Chapter 4,
4320     Administrative Procedures Act.
4321          (5) (a) In an adjudicative proceeding held pursuant to this section, the division shall

4322     have the burden of proving, by a preponderance of the evidence, that abuse, neglect, or
4323     dependency occurred and that the alleged perpetrator was substantially responsible for the
4324     abuse or neglect that occurred.
4325          (b) Any party shall have the right of judicial review of final agency action, in
4326     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
4327          (c) Proceedings for judicial review of a final agency action under this section shall be
4328     closed to the public.
4329          (d) The Judicial Council shall make rules that ensure the confidentiality of the
4330     proceedings described in Subsection (5)(c) and the records related to the proceedings.
4331          (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after
4332     receiving notice, fails to challenge a supported finding in accordance with this section:
4333          (a) may not further challenge the finding; and
4334          (b) shall have no right to:
4335          (i) agency review of the finding;
4336          (ii) an adjudicative hearing on the finding; or
4337          (iii) judicial review of the finding.
4338          (7) (a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a
4339     request under Subsection (4) to challenge a supported finding if a court of competent
4340     jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that
4341     the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency which
4342     was also the subject of the supported finding.
4343          (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
4344          (c) An adjudicative proceeding under Subsection (5) may be stayed during the time a
4345     judicial action on the same matter is pending.
4346          (8) Pursuant to Section [78A-6-323] 80-3-404, an adjudicative proceeding on a
4347     supported finding of a type of abuse or neglect that does not constitute a severe type of child
4348     abuse or neglect may be joined in the juvenile court with an adjudicative proceeding on a

4349     supported finding of a severe type of child abuse or neglect.
4350          Section 63. Section 62A-4a-1010 is amended to read:
4351          62A-4a-1010. Notice and opportunity for court hearing for persons listed in
4352     Licensing Information System.
4353          (1) Persons whose names were listed on the Licensing Information System as of May 6,
4354     2002 and who have not been the subject of a court determination with respect to the alleged
4355     incident of abuse or neglect may at any time:
4356          (a) request review by the division of their case and removal of their name from the
4357     Licensing Information System pursuant to Subsection (3); or
4358          (b) file a petition for an evidentiary hearing and a request for a finding of
4359     unsubstantiated or without merit.
4360          (2) Subsection (1) does not apply to an individual who has been the subject of any of
4361     the following court determinations with respect to the alleged incident of abuse or neglect:
4362          (a) conviction;
4363          (b) adjudication under [Title 78A, Chapter 6, Juvenile Court Act of 1996] Section
4364     80-3-402 or 80-6-701;
4365          (c) plea of guilty;
4366          (d) plea of guilty with a mental illness; or
4367          (e) no contest.
4368          (3) If an alleged perpetrator listed on the Licensing Information System prior to May 6,
4369     2002, requests removal of the alleged perpetrator's name from the Licensing Information
4370     System, the division shall, within 30 days:
4371          (a) (i) review the case to determine whether the incident of alleged abuse or neglect
4372     qualifies as:
4373          (A) a severe type of child abuse or neglect;
4374          (B) chronic abuse; or
4375          (C) chronic neglect; and

4376          (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
4377     described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from
4378     the Licensing Information System; or
4379          (b) determine whether to file a petition for substantiation.
4380          (4) If the division decides to file a petition, that petition must be filed no more than 14
4381     days after the decision.
4382          (5) The juvenile court shall act on the petition as provided in Subsection [78A-6-323]
4383     80-3-404(3).
4384          (6) If a person whose name appears on the Licensing Information System prior to May
4385     6, 2002 files a petition pursuant to Section [78A-6-323] 80-3-404 during the time that an
4386     alleged perpetrator's application for clearance to work with children or vulnerable adults is
4387     pending, the court shall hear the matter on an expedited basis.
4388          Section 64. Section 62A-11-304.2 is amended to read:
4389          62A-11-304.2. Issuance or modification of administrative order -- Compliance
4390     with court order -- Authority of office -- Stipulated agreements -- Notification
4391     requirements.
4392          (1) Through an adjudicative proceeding the office may issue or modify an
4393     administrative order that:
4394          (a) determines paternity;
4395          (b) determines whether an obligor owes support;
4396          (c) determines temporary orders of child support upon clear and convincing evidence
4397     of paternity in the form of genetic test results or other evidence;
4398          (d) requires an obligor to pay a specific or determinable amount of present and future
4399     support;
4400          (e) determines the amount of past-due support;
4401          (f) orders an obligor who owes past-due support and is obligated to support a child
4402     receiving public assistance to participate in appropriate work activities if the obligor is

4403     unemployed and is not otherwise incapacitated;
4404          (g) imposes a penalty authorized under this chapter;
4405          (h) determines an issue that may be specifically contested under this chapter by a party
4406     who timely files a written request for an adjudicative proceeding with the office; and
4407          (i) renews an administrative judgment.
4408          (2) (a) An abstract of a final administrative order issued under this section or a notice
4409     of judgment-lien under Section 62A-11-312.5 may be filed with the clerk of any district court.
4410          (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
4411          (i) docket the abstract or notice in the judgment docket of the court and note the time of
4412     receipt on the abstract or notice and in the judgment docket; and
4413          (ii) at the request of the office, place a copy of the abstract or notice in the file of a
4414     child support action involving the same parties.
4415          (3) If a judicial order has been issued, the office may not issue an order under
4416     Subsection (1) that is not based on the judicial order, except:
4417          (a) the office may establish a new obligation in those cases in which the juvenile court
4418     has ordered the parties to meet with the office to determine the support pursuant to Section
4419     [78A-6-1106] 78A-6-356; or
4420          (b) the office may issue an order of current support in accordance with the child support
4421     guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
4422          (4) The office may proceed under this section in the name of this state, another state
4423     under Section 62A-11-305, any department of this state, the office, or the obligee.
4424          (5) The office may accept voluntary acknowledgment of a support obligation and enter
4425     into stipulated agreements providing for the issuance of an administrative order under this part.
4426          (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
4427     checks, money orders, or other negotiable instruments received by the office for support.
4428          (7) The obligor shall, after a notice of agency action has been served on the obligor in
4429     accordance with Section 63G-4-201, keep the office informed of:

4430          (a) the obligor's current address;
4431          (b) the name and address of current payors of income;
4432          (c) availability of or access to health insurance coverage; and
4433          (d) applicable health insurance policy information.
4434          Section 65. Section 62A-15-204 is amended to read:
4435          62A-15-204. Court order to attend substance abuse school -- Assessments.
4436          (1) In addition to any other disposition ordered by the juvenile court [pursuant to
4437     Section 78A-6-117] under Section 80-3-405 or 80-6-701, the court may order a juvenile and his
4438     parents or legal guardians to attend a teen substance abuse school, and order payment of an
4439     assessment in addition to any other fine imposed.
4440          (2) All assessments collected shall be forwarded to the county treasurer of the county
4441     where the juvenile resides, to be used exclusively for the operation of a teen substance abuse
4442     program.
4443          Section 66. Section 62A-15-626 is amended to read:
4444          62A-15-626. Release from commitment.
4445          (1) (a) Subject to Subsection (1)(b), a local mental health authority or the mental health
4446     authority's designee shall release from commitment any individual who, in the opinion of the
4447     local mental health authority or the mental health authority's designee, has recovered or no
4448     longer meets the criteria specified in Section 62A-15-631.
4449          (b) A local mental health authority's inability to locate a committed individual may not
4450     be the basis for the individual's release, unless the court orders the release of the individual
4451     after a hearing.
4452          (2) A local mental health authority or the mental health authority's designee may
4453     release from commitment any patient whose commitment is determined to be no longer
4454     advisable except as provided by [Section 78A-6-120] Section 62A-15-705, but an effort shall
4455     be made to assure that any further supportive services required to meet the patient's needs upon
4456     release will be provided.

4457          (3) When a patient has been committed to a local mental health authority by judicial
4458     process, the local mental health authority shall follow the procedures described in Sections
4459     62A-15-636 and 62A-15-637.
4460          Section 67. Section 62A-15-703 is amended to read:
4461          62A-15-703. Residential and inpatient settings -- Commitment proceeding --
4462     Child in physical custody of local mental health authority.
4463          (1) A child may receive services from a local mental health authority in an inpatient or
4464     residential setting only after a commitment proceeding, for the purpose of transferring physical
4465     custody, has been conducted in accordance with the requirements of this section.
4466          (2) That commitment proceeding shall be initiated by a petition for commitment, and
4467     shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
4468     to the procedures and requirements of this section. If the findings described in Subsection (4)
4469     exist, the proceeding shall result in the transfer of physical custody to the appropriate local
4470     mental health authority, and the child may be placed in an inpatient or residential setting.
4471          (3) The neutral and detached fact finder who conducts the inquiry:
4472          (a) shall be a designated examiner, as defined in Section 62A-15-602; and
4473          (b) may not profit, financially or otherwise, from the commitment or physical
4474     placement of the child in that setting.
4475          (4) Upon determination by a fact finder that the following circumstances clearly exist,
4476     the fact finder may order that the child be committed to the physical custody of a local mental
4477     health authority:
4478          (a) the child has a mental illness, as defined in Section 62A-15-602;
4479          (b) the child demonstrates a reasonable fear of the risk of substantial danger to self or
4480     others;
4481          (c) the child will benefit from care and treatment by the local mental health authority;
4482     and
4483          (d) there is no appropriate less-restrictive alternative.

4484          (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
4485     conducted in as informal manner as possible and in a physical setting that is not likely to have a
4486     harmful effect on the child.
4487          (b) The child, the child's parent or legal guardian, the petitioner, and a representative of
4488     the appropriate local mental health authority:
4489          (i) shall receive informal notice of the date and time of the proceeding; and
4490          (ii) may appear and address the petition for commitment.
4491          (c) The neutral and detached fact finder may, in the fact finder's discretion, receive the
4492     testimony of any other person.
4493          (d) The fact finder may allow a child to waive the child's right to be present at the
4494     commitment proceeding, for good cause shown. If that right is waived, the purpose of the
4495     waiver shall be made a matter of record at the proceeding.
4496          (e) At the time of the commitment proceeding, the appropriate local mental health
4497     authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
4498     commitment proceeding, shall provide the neutral and detached fact finder with the following
4499     information, as it relates to the period of current admission:
4500          (i) the petition for commitment;
4501          (ii) the admission notes;
4502          (iii) the child's diagnosis;
4503          (iv) physicians' orders;
4504          (v) progress notes;
4505          (vi) nursing notes; and
4506          (vii) medication records.
4507          (f) The information described in Subsection (5)(e) shall also be provided to the child's
4508     parent or legal guardian upon written request.
4509          (g) (i) The neutral and detached fact finder's decision of commitment shall state the
4510     duration of the commitment. Any commitment to the physical custody of a local mental health

4511     authority may not exceed 180 days. Prior to expiration of the commitment, and if further
4512     commitment is sought, a hearing shall be conducted in the same manner as the initial
4513     commitment proceeding, in accordance with the requirements of this section.
4514          (ii) At the conclusion of the hearing and subsequently in writing, when a decision for
4515     commitment is made, the neutral and detached fact finder shall inform the child and the child's
4516     parent or legal guardian of that decision and of the reasons for ordering commitment.
4517          (iii) The neutral and detached fact finder shall state in writing the basis of the decision,
4518     with specific reference to each of the criteria described in Subsection (4), as a matter of record.
4519          (6) A child may be temporarily committed for a maximum of 72 hours, excluding
4520     Saturdays, Sundays, and legal holidays, to the physical custody of a local mental health
4521     authority in accordance with the procedures described in Section 62A-15-629 and upon
4522     satisfaction of the risk factors described in Subsection (4). A child who is temporarily
4523     committed shall be released at the expiration of the 72 hours unless the procedures and findings
4524     required by this section for the commitment of a child are satisfied.
4525          (7) A local mental health authority shall have physical custody of each child committed
4526     to it under this section. The parent or legal guardian of a child committed to the physical
4527     custody of a local mental health authority under this section, retains legal custody of the child,
4528     unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
4529     when the Division of Child and Family Services or the Division of Juvenile Justice Services
4530     has legal custody of a child, that division shall retain legal custody for purposes of this part.
4531          (8) The cost of caring for and maintaining a child in the physical custody of a local
4532     mental health authority shall be assessed to and paid by the child's parents, according to their
4533     ability to pay. For purposes of this section, the Division of Child and Family Services or the
4534     Division of Juvenile Justice Services shall be financially responsible, in addition to the child's
4535     parents, if the child is in the legal custody of either of those divisions at the time the child is
4536     committed to the physical custody of a local mental health authority under this section, unless
4537     Medicaid regulation or contract provisions specify otherwise. The Office of Recovery Services

4538     shall assist those divisions in collecting the costs assessed pursuant to this section.
4539          (9) Whenever application is made for commitment of a minor to a local mental health
4540     authority under any provision of this section by a person other than the child's parent or
4541     guardian, the local mental health authority or its designee shall notify the child's parent or
4542     guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
4543     proceeding.
4544          (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
4545     days after any order for commitment. The appeal may be brought on the child's own petition or
4546     on petition of the child's parent or legal guardian, to the juvenile court in the district where the
4547     child resides or is currently physically located. With regard to a child in the custody of the
4548     Division of Child and Family Services or the Division of Juvenile Justice Services, the attorney
4549     general's office shall handle the appeal, otherwise the appropriate county attorney's office is
4550     responsible for appeals brought pursuant to this Subsection (10)(a).
4551          (b) Upon receipt of the petition for appeal, the court shall appoint a designated
4552     examiner previously unrelated to the case, to conduct an examination of the child in accordance
4553     with the criteria described in Subsection (4), and file a written report with the court. The court
4554     shall then conduct an appeal hearing to determine whether the findings described in Subsection
4555     (4) exist by clear and convincing evidence.
4556          (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
4557     its designee, or the mental health professional who has been in charge of the child's care prior
4558     to commitment, shall provide the court and the designated examiner for the appeal hearing with
4559     the following information, as it relates to the period of current admission:
4560          (i) the original petition for commitment;
4561          (ii) admission notes;
4562          (iii) diagnosis;
4563          (iv) physicians' orders;
4564          (v) progress notes;

4565          (vi) nursing notes; and
4566          (vii) medication records.
4567          (d) Both the neutral and detached fact finder and the designated examiner appointed for
4568     the appeal hearing shall be provided with an opportunity to review the most current information
4569     described in Subsection (10)(c) prior to the appeal hearing.
4570          (e) The child, the child's parent or legal guardian, the person who submitted the
4571     original petition for commitment, and a representative of the appropriate local mental health
4572     authority shall be notified by the court of the date and time of the appeal hearing. Those
4573     persons shall be afforded an opportunity to appear at the hearing. In reaching its decision, the
4574     court shall review the record and findings of the neutral and detached fact finder, the report of
4575     the designated examiner appointed pursuant to Subsection (10)(b), and may, in its discretion,
4576     allow or require the testimony of the neutral and detached fact finder, the designated examiner,
4577     the child, the child's parent or legal guardian, the person who brought the initial petition for
4578     commitment, or any other person whose testimony the court deems relevant. The court may
4579     allow the child to waive the right to appear at the appeal hearing, for good cause shown. If that
4580     waiver is granted, the purpose shall be made a part of the court's record.
4581          (11) Each local mental health authority has an affirmative duty to conduct periodic
4582     evaluations of the mental health and treatment progress of every child committed to its physical
4583     custody under this section, and to release any child who has sufficiently improved so that the
4584     criteria justifying commitment no longer exist.
4585          (12) (a) A local mental health authority or its designee, in conjunction with the child's
4586     current treating mental health professional may release an improved child to a less restrictive
4587     environment, as they determine appropriate. Whenever the local mental health authority or its
4588     designee, and the child's current treating mental health professional, determine that the
4589     conditions justifying commitment no longer exist, the child shall be discharged and released to
4590     the child's parent or legal guardian. With regard to a child who is in the physical custody of the
4591     State Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the

4592     child's current treating mental health professional.
4593          (b) A local mental health authority or its designee, in conjunction with the child's
4594     current treating mental health professional, is authorized to issue a written order for the
4595     immediate placement of a child not previously released from an order of commitment into a
4596     more restrictive environment, if the local authority or its designee and the child's current
4597     treating mental health professional has reason to believe that the less restrictive environment in
4598     which the child has been placed is exacerbating the child's mental illness, or increasing the risk
4599     of harm to self or others.
4600          (c) The written order described in Subsection (12)(b) shall include the reasons for
4601     placement in a more restrictive environment and shall authorize any peace officer to take the
4602     child into physical custody and transport the child to a facility designated by the appropriate
4603     local mental health authority in conjunction with the child's current treating mental health
4604     professional. Prior to admission to the more restrictive environment, copies of the order shall
4605     be personally delivered to the child, the child's parent or legal guardian, the administrator of the
4606     more restrictive environment, or the administrator's designee, and the child's former treatment
4607     provider or facility.
4608          (d) If the child has been in a less restrictive environment for more than 30 days and is
4609     aggrieved by the change to a more restrictive environment, the child or the child's
4610     representative may request a review within 30 days of the change, by a neutral and detached
4611     fact finder as described in Subsection (3). The fact finder shall determine whether:
4612          (i) the less restrictive environment in which the child has been placed is exacerbating
4613     the child's mental illness or increasing the risk of harm to self or others; or
4614          (ii) the less restrictive environment in which the child has been placed is not
4615     exacerbating the child's mental illness or increasing the risk of harm to self or others, in which
4616     case the fact finder shall designate that the child remain in the less restrictive environment.
4617          (e) Nothing in this section prevents a local mental health authority or its designee, in
4618     conjunction with the child's current mental health professional, from discharging a child from

4619     commitment or from placing a child in an environment that is less restrictive than that
4620     designated by the neutral and detached fact finder.
4621          (13) Each local mental health authority or its designee, in conjunction with the child's
4622     current treating mental health professional shall discharge any child who, in the opinion of that
4623     local authority, or its designee, and the child's current treating mental health professional, no
4624     longer meets the criteria specified in Subsection (4), except as provided by Section
4625     [78A-6-120] 62A-15-705. The local authority and the mental health professional shall assure
4626     that any further supportive services required to meet the child's needs upon release will be
4627     provided.
4628          (14) Even though a child has been committed to the physical custody of a local mental
4629     health authority under this section, the child is still entitled to additional due process
4630     proceedings, in accordance with Section 62A-15-704, before any treatment that may affect a
4631     constitutionally protected liberty or privacy interest is administered. Those treatments include,
4632     but are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
4633          Section 68. Section 63G-4-402 is amended to read:
4634          63G-4-402. Judicial review -- Informal adjudicative proceedings.
4635          (1) (a) The district courts have jurisdiction to review by trial de novo all final agency
4636     actions resulting from informal adjudicative proceedings, except that the juvenile courts have
4637     jurisdiction over all final agency actions relating to:
4638          (i) the removal or placement of children in state custody;
4639          (ii) the support of children under Subsection (1)(a)(i) as determined administratively
4640     under Section [78A-6-1106] 78A-6-356; and
4641          (iii) supported findings of abuse or neglect made by the Division of Child and Family
4642     Services.
4643          (b) Venue for judicial review of informal adjudicative proceedings shall be as provided
4644     in the statute governing the agency or, in the absence of such a venue provision, in the county
4645     where the petitioner resides or maintains the petitioner's principal place of business.

4646          (2) (a) The petition for judicial review of informal adjudicative proceedings shall be a
4647     complaint governed by the Utah Rules of Civil Procedure and shall include:
4648          (i) the name and mailing address of the party seeking judicial review;
4649          (ii) the name and mailing address of the respondent agency;
4650          (iii) the title and date of the final agency action to be reviewed, together with a copy,
4651     summary, or brief description of the agency action;
4652          (iv) identification of the persons who were parties in the informal adjudicative
4653     proceedings that led to the agency action;
4654          (v) a copy of the written agency order from the informal proceeding;
4655          (vi) facts demonstrating that the party seeking judicial review is entitled to obtain
4656     judicial review;
4657          (vii) a request for relief, specifying the type and extent of relief requested; and
4658          (viii) a statement of the reasons why the petitioner is entitled to relief.
4659          (b) All additional pleadings and proceedings in the district court are governed by the
4660     Utah Rules of Civil Procedure.
4661          (3) (a) The court, without a jury, shall determine all questions of fact and law and any
4662     constitutional issue presented in the pleadings.
4663          (b) The Utah Rules of Evidence apply in judicial proceedings under this section.
4664          Section 69. Section 63M-7-208 is amended to read:
4665          63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
4666          (1) The Commission on Criminal and Juvenile Justice shall:
4667          (a) support implementation and expansion of evidence-based juvenile justice programs
4668     and practices, including assistance regarding implementation fidelity, quality assurance, and
4669     ongoing evaluation;
4670          (b) examine and make recommendations on the use of third-party entities or an
4671     intermediary organization to assist with implementation and to support the performance-based
4672     contracting system authorized in Subsection (1)(m);

4673          (c) oversee the development of performance measures to track juvenile justice reforms,
4674     and ensure early and ongoing stakeholder engagement in identifying the relevant performance
4675     measures;
4676          (d) evaluate currently collected data elements throughout the juvenile justice system
4677     and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
4678     inefficiencies, and ensure a focus on recidivism reduction;
4679          (e) review averted costs from reductions in out-of-home placements for juvenile justice
4680     youth placed with the Division of Juvenile Justice Services and the Division of Child and
4681     Family Services, and make recommendations to prioritize the reinvestment and realignment of
4682     resources into community-based programs for youth living at home, including the following:
4683          (i) statewide expansion of:
4684          (A) juvenile receiving centers, as defined in Section 80-1-102;
4685          (B) mobile crisis outreach teams, as defined in Section [78A-6-105] 62A-15-102;
4686          (C) youth courts; and
4687          (D) victim-offender mediation;
4688          (ii) statewide implementation of nonresidential diagnostic assessment;
4689          (iii) statewide availability of evidence-based programs and practices including
4690     cognitive behavioral and family therapy programs for minors assessed by a validated risk and
4691     needs assessment as moderate or high risk;
4692          (iv) implementation and infrastructure to support the sustainability and fidelity of
4693     evidence-based juvenile justice programs, including resources for staffing, transportation, and
4694     flexible funds; and
4695          (v) early intervention programs such as family strengthening programs, family
4696     wraparound services, and proven truancy interventions;
4697          (f) assist the Administrative Office of the Courts in the development of a statewide
4698     sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
4699     family to pay;

4700          (g) analyze the alignment of resources and the roles and responsibilities of agencies,
4701     such as the operation of early intervention services, receiving centers, and diversion, and make
4702     recommendations to reallocate functions as appropriate, in accordance with Section
4703     [62A-7-601] 80-5-401;
4704          (h) ensure that data reporting is expanded and routinely review data in additional areas,
4705     including:
4706          (i) referral and disposition data by judicial district;
4707          (ii) data on the length of time minors spend in the juvenile justice system, including the
4708     total time spent under court jurisdiction, on community supervision, and in each out-of-home
4709     placement;
4710          (iii) recidivism data for [diversion types pursuant to Section 78A-6-602 and disposition
4711     types pursuant to Section 78A-6-117] minors who are diverted to a nonjudicial adjustment
4712     under Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
4713     including tracking minors into the adult corrections system;
4714          (iv) change in aggregate risk levels from the time minors receive services, are under
4715     supervision, and are in out-of-home placement; and
4716          (v) dosage of programming;
4717          (i) develop a reasonable timeline within which all programming delivered to minors in
4718     the juvenile justice system must be evidence-based or consist of practices that are rated as
4719     effective for reducing recidivism by a standardized program evaluation tool;
4720          (j) provide guidelines to be considered by the Administrative Office of the Courts and
4721     the Division of Juvenile Justice Services in developing tools considered by the Administrative
4722     Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
4723     tools to be used for the evaluation of juvenile justice programs;
4724          (k) develop a timeline to support improvements to juvenile justice programs to achieve
4725     reductions in recidivism and review reports from relevant state agencies on progress toward
4726     reaching that timeline;

4727          (l) subject to Subsection (2), assist in the development of training for juvenile justice
4728     stakeholders, including educators, law enforcement officers, probation staff, judges, Division
4729     of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
4730     providers;
4731          (m) subject to Subsection (3), assist in the development of a performance-based
4732     contracting system, which shall be developed by the Administrative Office of the Courts and
4733     the Division of Juvenile Justice Services for contracted services in the community and
4734     contracted out-of-home placement providers;
4735          (n) assist in the development of a validated detention risk assessment tool that shall be
4736     developed or adopted and validated by the Administrative Office of the Courts and the Division
4737     of Juvenile Justice Services as provided in Section [78A-6-124] 80-5-203 on and after July 1,
4738     2018; and
4739          (o) annually issue and make public a report to the governor, president of the Senate,
4740     speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
4741     progress of the reforms and any additional areas in need of review.
4742          (2) Training described in Subsection (1)(l) should include instruction on
4743     evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
4744     and fidelity, and shall be supplemented by the following topics:
4745          (a) adolescent development;
4746          (b) identifying and using local behavioral health resources;
4747          (c) implicit bias;
4748          (d) cultural competency;
4749          (e) graduated responses;
4750          (f) Utah juvenile justice system data and outcomes; and
4751          (g) gangs.
4752          (3) The system described in Subsection (1)(m) shall provide incentives for:
4753          (a) the use of evidence-based juvenile justice programs and practices rated as effective

4754     by the tools selected in accordance with Subsection (1)(j);
4755          (b) the use of three-month timelines for program completion; and
4756          (c) evidence-based programs and practices for minors living at home in rural areas.
4757          (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
4758     under this section to a subcommittee or board established by the Commission on Criminal and
4759     Juvenile Justice in accordance with Subsection 63M-7-204(2).
4760          (5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
4761     section takes effect July 1, 2018.
4762          Section 70. Section 67-25-201 is amended to read:
4763          67-25-201. State agency work week.
4764          (1) Except as provided in Subsection (2), and subject to Subsection (3):
4765          (a) a state agency with five or more employees shall, at least nine hours per day on
4766     Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
4767     another entity of the state, a political subdivision, or the public:
4768          (i) in person;
4769          (ii) online; or
4770          (iii) by telephone; and
4771          (b) a state agency with fewer than five employees shall, at least eight hours per day on
4772     Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
4773     another entity of the state, a political subdivision, or the public:
4774          (i) in person;
4775          (ii) online; or
4776          (iii) by telephone.
4777          (2) (a) Subsection (1) does not require a state agency to operate a physical location, or
4778     provide a service, on a holiday established under Section 63G-1-301.
4779          (b) Except for a legal holiday established under Section 63G-1-301, the following state
4780     agencies shall operate at least one physical location, and as many physical locations as

4781     necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
4782     to provide a service required by statute to another entity of the state, a political subdivision, or
4783     the public:
4784          (i) the Department of Technology Services, created in Section 63F-1-103;
4785          (ii) the Division of Child and Family Services, created in Section 62A-4a-103; and
4786          (iii) the Office of Guardian Ad Litem, created in Section [78A-6-901] 78A-2-802.
4787          (3) A state agency shall make staff available, as necessary, to provide:
4788          (a) services incidental to a court or administrative proceeding, during the hours of
4789     operation of a court or administrative body, including:
4790          (i) testifying;
4791          (ii) the production of records or evidence; and
4792          (iii) other services normally available to a court or administrative body;
4793          (b) security services; and
4794          (c) emergency services.
4795          (4) This section does not limit the days or hours a state agency may operate.
4796          (5) To provide a service as required by Subsection (1), the chief administrative officer
4797     of a state agency may determine:
4798          (a) the number of physical locations, if any are required by this section, operating each
4799     day;
4800          (b) the daily hours of operation of a physical location;
4801          (c) the number of state agency employees who work per day; and
4802          (d) the hours a state agency employee works per day.
4803          (6) To provide a service as required by Subsection (2)(b), the chief administrative
4804     officer of a state agency, or a person otherwise designated by law, may determine:
4805          (a) the number of physical locations operating each day;
4806          (b) the daily hours of operation, as required by Subsection (2)(b), of each physical
4807     location;

4808          (c) the number of state agency employees who work per day; and
4809          (d) the hours a state agency employee works per day.
4810          (7) A state agency shall:
4811          (a) provide information, accessible from a conspicuous link on the home page of the
4812     state agency's website, on a method that a person may use to schedule an in-person meeting
4813     with a representative of the state agency; and
4814          (b) except as provided in Subsection (8), as soon as reasonably possible:
4815          (i) contact a person who makes a request for an in-person meeting; and
4816          (ii) when appropriate, schedule and hold an in-person meeting with the person that
4817     requests an in-person meeting.
4818          (8) A state agency is not required to comply with Subsection (7)(b) to the extent that
4819     the contact or meeting:
4820          (a) would constitute a conflict of interest;
4821          (b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
4822     Utah Procurement Code;
4823          (c) would violate an ethical requirement of the state agency or an employee of the state
4824     agency; or
4825          (d) would constitute a violation of law.
4826          Section 71. Section 75-5-209 is amended to read:
4827          75-5-209. Powers and duties of guardian of minor -- Residual parental rights and
4828     duties -- Adoption of a ward.
4829          (1) For purposes of this section, "residual parental rights and duties" is as defined in
4830     Section [78A-6-105] 80-1-102.
4831          (2) Except as provided in Subsection (4)(a), a guardian of a minor has the powers and
4832     responsibilities of a parent who has not been deprived of custody of the parent's unemancipated
4833     minor, including the powers and responsibilities described in Subsection (3).
4834          (3) A guardian of a minor:

4835          (a) must take reasonable care of the personal effects of the guardian's ward;
4836          (b) must commence protective proceedings if necessary to protect other property of the
4837     guardian's ward;
4838          (c) subject to Subsection (4)(b), may receive money payable for the support of the ward
4839     to the ward's parent, guardian, or custodian under the terms of a:
4840          (i) statutory benefit or insurance system;
4841          (ii) private contract;
4842          (iii) devise;
4843          (iv) trust;
4844          (v) conservatorship; or
4845          (vi) custodianship;
4846          (d) subject to Subsection (4)(b), may receive money or property of the ward paid or
4847     delivered by virtue of Section 75-5-102;
4848          (e) except as provided in Subsection (4)(c), must exercise due care to conserve any
4849     excess money or property described in Subsection (3)(d) for the ward's future needs;
4850          (f) unless otherwise provided by statute, may institute proceedings to compel the
4851     performance by any person of a duty to:
4852          (i) support the ward; or
4853          (ii) pay sums for the welfare of the ward;
4854          (g) is empowered to:
4855          (i) facilitate the ward's education, social, or other activities; and
4856          (ii) subject to Subsection (4)(d), authorize medical or other professional care,
4857     treatment, or advice;
4858          (h) may consent to the:
4859          (i) marriage of the guardian's ward, if specifically authorized by a court to give this
4860     consent; or
4861          (ii) adoption of the guardian's ward if the:

4862          (A) guardian of the ward is specifically authorized by a court to give this consent; and
4863          (B) parental rights of the ward's parents have been terminated; and
4864          (i) must report the condition of the minor and of the minor's estate that has been subject
4865     to the guardian's possession or control:
4866          (i) as ordered by court on petition of any person interested in the minor's welfare; or
4867          (ii) as required by court rule.
4868          (4) (a) Notwithstanding Subsection (2), a guardian of a minor is not:
4869          (i) legally obligated to provide from the guardian's own funds for the ward; and
4870          (ii) liable to third persons by reason of the guardian's relationship for acts of the ward.
4871          (b) Sums received under Subsection (3)(c) or (d):
4872          (i) may not be used for compensation for the services of a guardian, except as:
4873          (A) approved by court order; or
4874          (B) determined by a duly appointed conservator other than the guardian; and
4875          (ii) shall be applied to the ward's current needs for support, care, and education.
4876          (c) Notwithstanding Subsection (3)(e), if a conservator is appointed for the estate of the
4877     ward, the excess shall be paid over at least annually to the conservator.
4878          (d) A guardian of a minor is not, by reason of giving the authorization described in
4879     Subsection (3)(g)(ii), liable for injury to the minor resulting from the negligence or acts of third
4880     persons, unless it would have been illegal for a parent to have given the authorization.
4881          (5) A parent of a minor for whom a guardian is appointed retains residual parental
4882     rights and duties.
4883          (6) If a parent of a minor for whom a guardian is appointed consents to the adoption of
4884     the minor, the guardian is entitled to:
4885          (a) receive notice of the adoption proceeding pursuant to Section 78B-6-110;
4886          (b) intervene in the adoption; and
4887          (c) present evidence to the court relevant to the best interest of the child pursuant to
4888     Subsection 78B-6-110(11).

4889          (7) If a minor for whom a guardian is appointed is adopted subsequent to the
4890     appointment, the guardianship shall terminate when the adoption is finalized.
4891          Section 72. Section 76-3-406 is amended to read:
4892          76-3-406. Crimes for which probation, suspension of sentence, lower category of
4893     offense, or hospitalization may not be granted.
4894          (1) Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a,
4895     Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
4896     76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
4897     suspended, the court may not enter a judgment for a lower category of offense, and
4898     hospitalization may not be ordered, the effect of which would in any way shorten the prison
4899     sentence for an individual who commits a capital felony or a first degree felony involving:
4900          (a) Section 76-5-202, aggravated murder;
4901          (b) Section 76-5-203, murder;
4902          (c) Section 76-5-301.1, child kidnaping;
4903          (d) Section 76-5-302, aggravated kidnaping;
4904          (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
4905     76-5-402(3)(b), (3)(c), or (4);
4906          (f) Section 76-5-402.1, rape of a child;
4907          (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
4908     76-5-402.2(1)(b), (1)(c), or (2);
4909          (h) Section 76-5-402.3, object rape of a child;
4910          (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
4911     76-5-403(3)(b), (3)(c), or (4);
4912          (j) Section 76-5-403.1, sodomy on a child;
4913          (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
4914     Subsection 76-5-404(2)(b) or (3);
4915          (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;

4916          (m) Section 76-5-405, aggravated sexual assault; or
4917          (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
4918          (2) Except for an offense before the district court in accordance with Section
4919     [78A-6-703.2 or 78A-6-703.5] 80-6-502 or 80-6-504, the provisions of this section do not
4920     apply if the sentencing court finds that the defendant:
4921          (a) was under 18 years old at the time of the offense; and
4922          (b) could have been adjudicated in the juvenile court but for the delayed reporting or
4923     delayed filing of the information.
4924          Section 73. Section 76-5-107.1 is amended to read:
4925          76-5-107.1. Threats against schools.
4926          (1) As used in this section, "school" means a preschool or a public or private
4927     elementary or secondary school.
4928          (2) An individual is guilty of making a threat against a school if the individual
4929     threatens in person or via electronic means, either with real intent or as an intentional hoax, to
4930     commit any offense involving bodily injury, death, or substantial property damage, and:
4931          (a) threatens the use of a firearm or weapon or hoax weapon of mass destruction, as
4932     defined in Section 76-10-401;
4933          (b) acts with intent to:
4934          (i) disrupt the regular schedule of the school or influence or affect the conduct of
4935     students, employees, or the general public at the school;
4936          (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a
4937     facility or vehicle used by the school; or
4938          (iii) intimidate or coerce students or employees of the school; or
4939          (c) causes an official or volunteer agency organized to deal with emergencies to take
4940     action due to the risk to the school or general public.
4941          (3) (a) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor.
4942          (b) A violation of Subsection (2)(b)(ii) is a class B misdemeanor.

4943          (c) A violation of Subsection (2)(c) is a class C misdemeanor.
4944          (4) Counseling for the minor and the minor's family may be made available through
4945     state and local health department programs.
4946          (5) It is not a defense to this section that the individual did not attempt to carry out or
4947     was incapable of carrying out the threat.
4948          (6) In addition to any other penalty authorized by law, a court shall order an individual
4949     convicted of a violation of this section to pay restitution to any federal, state, or local unit of
4950     government, or any private business, organization, individual, or entity for expenses and losses
4951     incurred in responding to the threat, unless the court states on the record the reasons why the
4952     reimbursement would be inappropriate. Restitution ordered in the case of a minor adjudicated
4953     for a violation of this section shall be determined in accordance with [Subsection
4954     78A-6-117(2)(j)] Section 80-6-710.
4955          (7) A violation of this section shall be reported to the local law enforcement agency. If
4956     the individual alleged to have violated this section is a minor, the minor may be referred to the
4957     juvenile court.
4958          Section 74. Section 76-5-108 is amended to read:
4959          76-5-108. Protective orders restraining abuse of another -- Violation.
4960          (1) Any person who is the respondent or defendant subject to a protective order, child
4961     protective order, ex parte protective order, or ex parte child protective order issued under the
4962     following who intentionally or knowingly violates that order after having been properly served
4963     or having been present, in person or through court video conferencing, when the order was
4964     issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
4965     77, Chapter 36, Cohabitant Abuse Procedures Act:
4966          (a) [Title 78A, Chapter 6, Juvenile Court Act] Title 80, Utah Juvenile Code;
4967          (b) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
4968          (c) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or
4969          (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform

4970     Interstate Enforcement of Domestic Violence Protection Orders Act.
4971          (2) Violation of an order as described in Subsection (1) is a domestic violence offense
4972     under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
4973          Section 75. Section 76-5-110 is amended to read:
4974          76-5-110. Abuse or neglect of a child with a disability.
4975          (1) As used in this section:
4976          (a) "Abuse" means:
4977          (i) inflicting physical injury, as that term is defined in Section 76-5-109;
4978          (ii) having the care or custody of a child with a disability, causing or permitting another
4979     to inflict physical injury, as that term is defined in Section 76-5-109; or
4980          (iii) unreasonable confinement.
4981          (b) "Caretaker" means:
4982          (i) any parent, legal guardian, or other person having under that person's care and
4983     custody a child with a disability; or
4984          (ii) any person, corporation, or public institution that has assumed by contract or court
4985     order the responsibility to provide food, shelter, clothing, medical, and other necessities to a
4986     child with a disability.
4987          (c) "Child with a disability" means any person under 18 years [of age] old who is
4988     impaired because of mental illness, mental deficiency, physical illness or disability, or other
4989     cause, to the extent that the person is unable to care for the person's own personal safety or to
4990     provide necessities such as food, shelter, clothing, and medical care.
4991          (d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter,
4992     supervision, or medical care.
4993          (2) Any caretaker who intentionally, knowingly, or recklessly abuses or neglects a child
4994     with a disability is guilty of a third degree felony.
4995          (3) (a) A parent or legal guardian who provides a child with treatment by spiritual
4996     means alone through prayer, in lieu of medical treatment, in accordance with the tenets and

4997     practices of an established church or religious denomination of which the parent or legal
4998     guardian is a member or adherent shall not, for that reason alone, be considered to be in
4999     violation under this section.
5000          (b) Subject to [Subsection 78A-6-117(2)(m)] Section 80-3-109, the exception under
5001     Subsection (3)(a) does not preclude a court from ordering medical services from a physician
5002     licensed to engage in the practice of medicine to be provided to the child where there is
5003     substantial risk of harm to the child's health or welfare if the treatment is not provided.
5004          (c) A caretaker of a child with a disability does not violate this section by selecting a
5005     treatment option for a medical condition of a child with a disability, if the treatment option is
5006     one that a reasonable caretaker would believe to be in the best interest of the child with a
5007     disability.
5008          Section 76. Section 76-5-401.3 is amended to read:
5009          76-5-401.3. Unlawful adolescent sexual activity.
5010          (1) As used in this section:
5011          (a) "Adolescent" means an individual in the transitional phase of human physical and
5012     psychological growth and development between childhood and adulthood who is 12 years old
5013     or older, but under 18 years old.
5014          (b) "Unlawful adolescent sexual activity" means sexual activity between adolescents
5015     under circumstances not amounting to:
5016          (i) rape, in violation of Section 76-5-402;
5017          (ii) rape of a child, in violation of Section 76-5-402.1;
5018          (iii) object rape, in violation of Section 76-5-402.2;
5019          (iv) object rape of a child, in violation of Section 76-5-402.3;
5020          (v) forcible sodomy, in violation of Section 76-5-403;
5021          (vi) sodomy on a child, in violation of Section 76-5-403.1;
5022          (vii) sexual abuse of a child, in violation of Section 76-5-404;
5023          (viii) aggravated sexual assault, in violation of Section 76-5-405; or

5024          (ix) incest, in violation of Section 76-7-102.
5025          (2) Unlawful adolescent sexual activity is punishable as a:
5026          (a) third degree felony if an adolescent who is 17 years old engages in unlawful
5027     adolescent sexual activity with an adolescent who is 12 or 13 years old;
5028          (b) third degree felony if an adolescent who is 16 years old engages in unlawful
5029     adolescent sexual activity with an adolescent who is 12 years old;
5030          (c) class A misdemeanor if an adolescent who is 16 years old engages in unlawful
5031     adolescent sexual activity with an adolescent who is 13 years old;
5032          (d) class A misdemeanor if an adolescent who is 14 or 15 years old engages in
5033     unlawful adolescent sexual activity with an adolescent who is 12 years old;
5034          (e) class B misdemeanor if an adolescent who is 17 years old engages in unlawful
5035     adolescent sexual activity with an adolescent who is 14 years old;
5036          (f) class B misdemeanor if an adolescent who is 15 years old engages in unlawful
5037     adolescent sexual activity with an adolescent who is 13 years old;
5038          (g) class C misdemeanor if an adolescent who is 12 or 13 years old engages in unlawful
5039     adolescent sexual activity with an adolescent who is 12 or 13 years old; and
5040          (h) class C misdemeanor if an adolescent who is 14 years old engages in unlawful
5041     adolescent sexual activity with an adolescent who is 13 years old.
5042          (3) An offense under this section is not eligible for a nonjudicial adjustment under
5043     Section [78A-6-602] 80-6-304 or a referral to a youth court under Section [78A-6-1203]
5044     80-6-902.
5045          (4) Except for an offense that is transferred to a district court by the juvenile court in
5046     accordance with Section [78A-6-703.5] 80-6-504, the district court may enter any sentence or
5047     combination of sentences that would have been available in juvenile court but for the delayed
5048     reporting or delayed filing of the information in the district court.
5049          (5) An offense under this section is not subject to registration under Subsection
5050     77-41-102(17).

5051          Section 77. Section 76-5-413 is amended to read:
5052          76-5-413. Custodial sexual relations or misconduct with youth receiving state
5053     services -- Definitions -- Penalties -- Defenses.
5054          (1) As used in this section:
5055          (a) "Actor" means:
5056          (i) an individual employed by the Department of Human Services, as created in Section
5057     62A-1-102, or an employee of a private provider or contractor; or
5058          (ii) an individual employed by the juvenile court of the state, or an employee of a
5059     private provider or contractor.
5060          (b) "Department" means the Department of Human Services created in Section
5061     62A-1-102.
5062          (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
5063          (d) "Private provider or contractor" means any individual or entity that contracts with
5064     the:
5065          (i) department to provide services or functions that are part of the operation of the
5066     department; or
5067          (ii) juvenile court to provide services or functions that are part of the operation of the
5068     juvenile court.
5069          (e) "Youth receiving state services" means an individual:
5070          (i) younger than 18 years [of age] old, except as provided under Subsection (1)(e)(ii),
5071     who is:
5072          (A) in the custody of the department under [Subsection 78A-6-117(2)(c)] Section
5073     80-6-703; or
5074          (B) receiving services from any division of the department if any portion of the costs of
5075     these services is covered by public money; or
5076          (ii) younger than 21 years [of age who is] old:
5077          (A) who is in the custody of the Division of Juvenile Justice Services, or the Division

5078     of Child and Family Services; or
5079          (B) whose case is under the jurisdiction of the juvenile court.
5080          (2) (a) An actor commits custodial sexual relations with a youth receiving state services
5081     if the actor commits any of the acts under Subsection (3):
5082          (i) under circumstances not amounting to commission of, or an attempt to commit, an
5083     offense under Subsection (6); and
5084          (ii) (A) the actor knows that the individual is a youth receiving state services; or
5085          (B) a reasonable person in the actor's position should have known under the
5086     circumstances that the individual was a youth receiving state services.
5087          (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
5088     state services is younger than 18 years [of age] old, a violation of Subsection (2)(a) is a second
5089     degree felony.
5090          (c) If the act committed under this Subsection (2) amounts to an offense subject to a
5091     greater penalty under another provision of state law than is provided under this Subsection (2),
5092     this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
5093          (3) Acts referred to in Subsection (2)(a) are:
5094          (a) having sexual intercourse with a youth receiving state services;
5095          (b) engaging in any sexual act with a youth receiving state services involving the
5096     genitals of one individual and the mouth or anus of another individual, regardless of the sex of
5097     either participant; or
5098          (c) causing the penetration, however slight, of the genital or anal opening of a youth
5099     receiving state services by any foreign object, substance, instrument, or device, including a part
5100     of the human body, with the intent to cause substantial emotional or bodily pain to any
5101     individual, regardless of the sex of any participant or with the intent to arouse or gratify the
5102     sexual desire of any individual, regardless of the sex of any participant.
5103          (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
5104     services if the actor commits any of the acts under Subsection (5):

5105          (i) under circumstances not amounting to commission of, or an attempt to commit, an
5106     offense under Subsection (6); and
5107          (ii) (A) the actor knows that the individual is a youth receiving state services; or
5108          (B) a reasonable person in the actor's position should have known under the
5109     circumstances that the individual was a youth receiving state services.
5110          (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
5111     receiving state services is younger than 18 years [of age] old, a violation of Subsection (4)(a) is
5112     a third degree felony.
5113          (c) If the act committed under this Subsection (4) amounts to an offense subject to a
5114     greater penalty under another provision of state law than is provided under this Subsection (4),
5115     this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
5116          (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
5117     the intent to cause substantial emotional or bodily pain to any individual or with the intent to
5118     arouse or gratify the sexual desire of any individual, regardless of the sex of any participant:
5119          (a) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
5120     receiving state services;
5121          (b) touching the breast of a female youth receiving state services; or
5122          (c) otherwise taking indecent liberties with a youth receiving state services.
5123          (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
5124          (a) Section 76-5-401, unlawful sexual activity with a minor;
5125          (b) Section 76-5-402, rape;
5126          (c) Section 76-5-402.1, rape of a child;
5127          (d) Section 76-5-402.2, object rape;
5128          (e) Section 76-5-402.3, object rape of a child;
5129          (f) Section 76-5-403, forcible sodomy;
5130          (g) Section 76-5-403.1, sodomy on a child;
5131          (h) Section 76-5-404, forcible sexual abuse;

5132          (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
5133          (j) Section 76-5-405, aggravated sexual assault.
5134          (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
5135     with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
5136     a youth receiving state services under Subsection (4), or an attempt to commit either of these
5137     offenses, if the youth receiving state services is younger than 18 years [of age] old, that the
5138     actor:
5139          (i) mistakenly believed the youth receiving state services to be 18 years [of age] old or
5140     older at the time of the alleged offense; or
5141          (ii) was unaware of the true age of the youth receiving state services.
5142          (b) Consent of the youth receiving state services is not a defense to any violation or
5143     attempted violation of Subsection (2) or (4).
5144          (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
5145     is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
5146          Section 78. Section 76-5b-201 is amended to read:
5147          76-5b-201. Sexual exploitation of a minor -- Offenses.
5148          (1) A person is guilty of sexual exploitation of a minor:
5149          (a) when the person:
5150          (i) knowingly produces, possesses, or possesses with intent to distribute child
5151     pornography; or
5152          (ii) intentionally distributes or views child pornography; or
5153          (b) if the person is a minor's parent or legal guardian and knowingly consents to or
5154     permits the minor to be sexually exploited as described in Subsection (1)(a).
5155          (2) (a) Except as provided in Subsection (2)(b), sexual exploitation of a minor is a
5156     second degree felony.
5157          (b) A violation of Subsection (1) for knowingly producing child pornography is a first
5158     degree felony if the person produces original child pornography depicting a first degree felony

5159     that involves:
5160          (i) the person or another person engaging in conduct with the minor that is a violation
5161     of:
5162          (A) Section 76-5-402.1, rape of a child;
5163          (B) Section 76-5-402.3, object rape of a child;
5164          (C) Section 76-5-403.1, sodomy on a child; or
5165          (D) Section 76-5-404.1, aggravated sexual abuse of a child; or
5166          (ii) the minor being physically abused, as defined in Section [78A-6-105] 80-1-102.
5167          (3) It is a separate offense under this section:
5168          (a) for each minor depicted in the child pornography; and
5169          (b) for each time the same minor is depicted in different child pornography.
5170          (4) (a) It is an affirmative defense to a charge of violating this section that no minor
5171     was actually depicted in the visual depiction or used in producing or advertising the visual
5172     depiction.
5173          (b) For a charge of violating this section for knowingly possessing or intentionally
5174     viewing child pornography, it is an affirmative defense that:
5175          (i) the defendant:
5176          (A) did not solicit the child pornography from the minor depicted in the child
5177     pornography;
5178          (B) is not more than two years older than the minor depicted in the child pornography;
5179     and
5180          (C) upon request of a law enforcement agent or the minor depicted in the child
5181     pornography, removes from an electronic device or destroys the child pornography and all
5182     copies of the child pornography in the defendant's possession; and
5183          (ii) the child pornography does not depict an offense under Title 76, Chapter 5, Part 4,
5184     Sexual Offenses.
5185          (5) In proving a violation of this section in relation to an identifiable minor, proof of

5186     the actual identity of the identifiable minor is not required.
5187          (6) This section may not be construed to impose criminal or civil liability on:
5188          (a) an entity or an employee, director, officer, or agent of an entity when acting within
5189     the scope of employment, for the good faith performance of:
5190          (i) reporting or data preservation duties required under federal or state law; or
5191          (ii) implementing a policy of attempting to prevent the presence of child pornography
5192     on tangible or intangible property, or of detecting and reporting the presence of child
5193     pornography on the property;
5194          (b) a law enforcement officer acting within the scope of a criminal investigation;
5195          (c) an employee of a court who may be required to view child pornography during the
5196     course of and within the scope of the employee's employment;
5197          (d) a juror who may be required to view child pornography during the course of the
5198     individual's service as a juror;
5199          (e) an attorney or employee of an attorney who is required to view child pornography
5200     during the course of a judicial process and while acting within the scope of employment;
5201          (f) an employee of the Department of Human Services who is required to view child
5202     pornography within the scope of the employee's employment; or
5203          (g) an attorney who is required to view child pornography within the scope of the
5204     attorney's responsibility to represent the Department of Human Services, including the
5205     divisions and offices within the Department of Human Services.
5206          Section 79. Section 76-7-301 is amended to read:
5207          76-7-301. Definitions.
5208          As used in this part:
5209          (1) (a) "Abortion" means:
5210          (i) the intentional termination or attempted termination of human pregnancy after
5211     implantation of a fertilized ovum through a medical procedure carried out by a physician or
5212     through a substance used under the direction of a physician;

5213          (ii) the intentional killing or attempted killing of a live unborn child through a medical
5214     procedure carried out by a physician or through a substance used under the direction of a
5215     physician; or
5216          (iii) the intentional causing or attempted causing of a miscarriage through a medical
5217     procedure carried out by a physician or through a substance used under the direction of a
5218     physician.
5219          (b) "Abortion" does not include:
5220          (i) removal of a dead unborn child;
5221          (ii) removal of an ectopic pregnancy; or
5222          (iii) the killing or attempted killing of an unborn child without the consent of the
5223     pregnant woman, unless:
5224          (A) the killing or attempted killing is done through a medical procedure carried out by
5225     a physician or through a substance used under the direction of a physician; and
5226          (B) the physician is unable to obtain the consent due to a medical emergency.
5227          (2) "Abortion clinic" means the same as that term is defined in Section 26-21-2.
5228          (3) "Abuse" means the same as that term is defined in Section [78A-6-105] 80-1-102.
5229          (4) "Department" means the Department of Health.
5230          (5) "Down syndrome" means a genetic condition associated with an extra chromosome
5231     21, in whole or in part, or an effective trisomy for chromosome 21.
5232          (6) "Gestational age" means the age of an unborn child as calculated from the first day
5233     of the last menstrual period of the pregnant woman.
5234          (7) "Hospital" means:
5235          (a) a general hospital licensed by the department according to Title 26, Chapter 21,
5236     Health Care Facility Licensing and Inspection Act; and
5237          (b) a clinic or other medical facility to the extent that such clinic or other medical
5238     facility is certified by the department as providing equipment and personnel sufficient in
5239     quantity and quality to provide the same degree of safety to the pregnant woman and the

5240     unborn child as would be provided for the particular medical procedures undertaken by a
5241     general hospital licensed by the department.
5242          (8) "Information module" means the pregnancy termination information module
5243     prepared by the department.
5244          (9) "Medical emergency" means that condition which, on the basis of the physician's
5245     good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
5246     immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
5247     risk of substantial and irreversible impairment of major bodily function.
5248          (10) "Minor" means an individual who is:
5249          (a) under 18 years [of age] old;
5250          (b) unmarried; and
5251          (c) not emancipated.
5252          (11) (a) "Partial birth abortion" means an abortion in which the person performing the
5253     abortion:
5254          (i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
5255     head first presentation, the entire fetal head is outside the body of the mother, or, in the case of
5256     breech presentation, any part of the fetal trunk past the navel is outside the body of the mother,
5257     for the purpose of performing an overt act that the person knows will kill the partially delivered
5258     living fetus; and
5259          (ii) performs the overt act, other than completion of delivery, that kills the partially
5260     living fetus.
5261          (b) "Partial birth abortion" does not include the dilation and evacuation procedure
5262     involving dismemberment prior to removal, the suction curettage procedure, or the suction
5263     aspiration procedure for abortion.
5264          (12) "Physician" means:
5265          (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter
5266     67, Utah Medical Practice Act;

5267          (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58,
5268     Chapter 68, Utah Osteopathic Medical Practice Act; or
5269          (c) a physician employed by the federal government who has qualifications similar to a
5270     person described in Subsection (12)(a) or (b).
5271          (13) (a) "Severe brain abnormality" means a malformation or defect that causes an
5272     individual to live in a mentally vegetative state.
5273          (b) "Severe brain abnormality" does not include:
5274          (i) Down syndrome;
5275          (ii) spina bifida;
5276          (iii) cerebral palsy; or
5277          (iv) any other malformation, defect, or condition that does not cause an individual to
5278     live in a mentally vegetative state.
5279          Section 80. Section 76-7a-101 (Contingently Effective) is amended to read:
5280          76-7a-101 (Contingently Effective). Definitions.
5281          As used in this chapter:
5282          (1) (a) "Abortion" means:
5283          (i) the intentional termination or attempted termination of human pregnancy after
5284     implantation of a fertilized ovum through a medical procedure carried out by a physician or
5285     through a substance used under the direction of a physician;
5286          (ii) the intentional killing or attempted killing of a live unborn child through a medical
5287     procedure carried out by a physician or through a substance used under the direction of a
5288     physician; or
5289          (iii) the intentional causing or attempted causing of a miscarriage through a medical
5290     procedure carried out by a physician or through a substance used under the direction of a
5291     physician.
5292          (b) "Abortion" does not include:
5293          (i) removal of a dead unborn child;

5294          (ii) removal of an ectopic pregnancy; or
5295          (iii) the killing or attempted killing of an unborn child without the consent of the
5296     pregnant woman, unless:
5297          (A) the killing or attempted killing is done through a medical procedure carried out by
5298     a physician or through a substance used under the direction of a physician; and
5299          (B) the physician is unable to obtain the consent due to a medical emergency.
5300          (2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
5301     abortion clinic licensed by the state.
5302          (3) "Department" means the Department of Health.
5303          (4) "Down syndrome" means a genetic condition associated with an extra chromosome
5304     21, in whole or in part, or an effective trisomy for chromosome 21.
5305          (5) "Hospital" means:
5306          (a) a general hospital licensed by the department; or
5307          (b) a clinic or other medical facility to the extent the clinic or other medical facility is
5308     certified by the department as providing equipment and personnel sufficient in quantity and
5309     quality to provide the same degree of safety to a pregnant woman and an unborn child as would
5310     be provided for the particular medical procedure undertaken by a general hospital licensed by
5311     the department.
5312          (6) "Incest" means the same as that term is defined in [Title 78A, Chapter 6, Juvenile
5313     Court Act] Section 80-1-102.
5314          (7) "Medical emergency" means a condition which, on the basis of the physician's good
5315     faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
5316     immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
5317     risk of substantial and irreversible impairment of major bodily function.
5318          (8) "Physician" means:
5319          (a) a medical doctor licensed to practice medicine and surgery in the state;
5320          (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or

5321          (c) a physician employed by the federal government who has qualifications similar to
5322     an individual described in Subsection (8)(a) or (b).
5323          (9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.
5324          (10) (a) "Severe brain abnormality" means a malformation or defect that causes an
5325     individual to live in a mentally vegetative state.
5326          (b) "Severe brain abnormality" does not include:
5327          (i) Down syndrome;
5328          (ii) spina bifida;
5329          (iii) cerebral palsy; or
5330          (iv) any other malformation, defect, or condition that does not cause an individual to
5331     live in a mentally vegetative state.
5332          Section 81. Section 76-8-306 is amended to read:
5333          76-8-306. Obstruction of justice in criminal investigations or proceedings --
5334     Elements -- Penalties -- Exceptions.
5335          (1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or
5336     prevent the investigation, apprehension, prosecution, conviction, or punishment of any person
5337     regarding conduct that constitutes a criminal offense:
5338          (a) provides any person with a weapon;
5339          (b) prevents by force, intimidation, or deception, any person from performing any act
5340     that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any
5341     person;
5342          (c) alters, destroys, conceals, or removes any item or other thing;
5343          (d) makes, presents, or uses any item or thing known by the actor to be false;
5344          (e) harbors or conceals a person;
5345          (f) provides a person with transportation, disguise, or other means of avoiding
5346     discovery or apprehension;
5347          (g) warns any person of impending discovery or apprehension;

5348          (h) warns any person of an order authorizing the interception of wire communications
5349     or of a pending application for an order authorizing the interception of wire communications;
5350          (i) conceals information that is not privileged and that concerns the offense, after a
5351     judge or magistrate has ordered the actor to provide the information; or
5352          (j) provides false information regarding a suspect, a witness, the conduct constituting
5353     an offense, or any other material aspect of the investigation.
5354          (2) (a) As used in this section, "conduct that constitutes a criminal offense" means
5355     conduct that would be punishable as a crime and is separate from a violation of this section,
5356     and includes:
5357          (i) any violation of a criminal statute or ordinance of this state, its political
5358     subdivisions, any other state, or any district, possession, or territory of the United States; and
5359          (ii) conduct committed by a juvenile which would be a crime if committed by an adult.
5360          (b) A violation of a criminal statute that is committed in another state, or any district,
5361     possession, or territory of the United States, is a:
5362          (i) capital felony if the penalty provided includes death or life imprisonment without
5363     parole;
5364          (ii) a first degree felony if the penalty provided includes life imprisonment with parole
5365     or a maximum term of imprisonment exceeding 15 years;
5366          (iii) a second degree felony if the penalty provided exceeds five years;
5367          (iv) a third degree felony if the penalty provided includes imprisonment for any period
5368     exceeding one year; and
5369          (v) a misdemeanor if the penalty provided includes imprisonment for any period of one
5370     year or less.
5371          (3) Obstruction of justice is:
5372          (a) a second degree felony if the conduct which constitutes an offense would be a
5373     capital felony or first degree felony;
5374          (b) a third degree felony if:

5375          (i) the conduct that constitutes an offense would be a second or third degree felony and
5376     the actor violates Subsection (1)(b), (c), (d), (e), or (f);
5377          (ii) the conduct that constitutes an offense would be any offense other than a capital or
5378     first degree felony and the actor violates Subsection (1)(a);
5379          (iii) the obstruction of justice is presented or committed before a court of law; or
5380          (iv) a violation of Subsection (1)(h); or
5381          (c) a class A misdemeanor for any violation of this section that is not enumerated under
5382     Subsection (3)(a) or (b).
5383          (4) It is not a defense that the actor was unaware of the level of penalty for the conduct
5384     constituting an offense.
5385          (5) Subsection (1)(e) does not apply to harboring [a youth offender, which is governed
5386     by Section 62A-7-402] a juvenile offender, as defined in Section 80-1-102, which is governed
5387     by Section 76-8-311.5.
5388          (6) Subsection (1)(b) does not apply to:
5389          (a) tampering with a juror, which is governed by Section 76-8-508.5;
5390          (b) influencing, impeding, or retaliating against a judge or member of the Board of
5391     Pardons and Parole, which is governed by Section 76-8-316;
5392          (c) tampering with a witness or soliciting or receiving a bribe, which is governed by
5393     Section 76-8-508;
5394          (d) retaliation against a witness, victim, or informant, which is governed by Section
5395     76-8-508.3; or
5396          (e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
5397     76-8-509.
5398          (7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony
5399     if the actor harbors or conceals an offender who has escaped from official custody as defined in
5400     Section 76-8-309.
5401          Section 82. Section 76-9-701 is amended to read:

5402          76-9-701. Intoxication -- Release of arrested person or placement in detoxification
5403     center.
5404          (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
5405     controlled substance, or any substance having the property of releasing toxic vapors, to a
5406     degree that the person may endanger the person or another, in a public place or in a private
5407     place where the person unreasonably disturbs other persons.
5408          (2) (a) A peace officer or a magistrate may release from custody a person arrested
5409     under this section if the peace officer or magistrate believes imprisonment is unnecessary for
5410     the protection of the person or another.
5411          (b) A peace officer may take the arrested person to a detoxification center or other
5412     special facility as an alternative to incarceration or release from custody.
5413          (3) (a) If a minor is found by a court to have violated this section and the violation is
5414     the minor's first violation of this section, the court may:
5415          (i) order the minor to complete a screening as defined in Section 41-6a-501;
5416          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
5417     screening indicates an assessment to be appropriate; and
5418          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
5419     or substance use disorder treatment as indicated by an assessment.
5420          (b) If a minor is found by a court to have violated this section and the violation is the
5421     minor's second or subsequent violation of this section, the court shall:
5422          (i) order the minor to complete a screening as defined in Section 41-6a-501;
5423          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
5424     screening indicates an assessment to be appropriate; and
5425          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
5426     or substance use disorder treatment as indicated by an assessment.
5427          (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
5428     found by a court to have violated this section, the court hearing the case shall suspend the

5429     minor's driving privileges under Section 53-3-219.
5430          (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
5431     suspension period required under Section 53-3-219 if:
5432          (i) the violation is the minor's first violation of this section; and
5433          (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
5434          (B) the minor demonstrates substantial progress in substance use disorder treatment.
5435          (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
5436     requirements of Section 53-3-219, the court may reduce the suspension period required under
5437     Section 53-3-219 if:
5438          (i) the violation is the minor's second or subsequent violation of this section;
5439          (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
5440     demonstrated substantial progress in substance use disorder treatment; and
5441          (iii) (A) the person is 18 years [of age] old or older and provides a sworn statement to
5442     the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
5443     consecutive period during the suspension period imposed under Subsection (4)(a); or
5444          (B) the person is under 18 years [of age] old and has the person's parent or legal
5445     guardian provide an affidavit or sworn statement to the court certifying that to the parent or
5446     legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at
5447     least a one-year consecutive period during the suspension period imposed under Subsection
5448     (4)(a).
5449          (5) When a person who is younger than 18 years old is found by a court to have
5450     violated this section, the provisions regarding suspension of the driver's license under Section
5451     [78A-6-606] 80-6-707 apply to the violation.
5452          (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
5453     [78A-6-117] 80-6-701, the court may only order substance use disorder treatment or an
5454     educational series if the minor has an assessed need for the intervention based on the results of
5455     a validated assessment.

5456          (7) When the court issues an order suspending a person's driving privileges for a
5457     violation of this section, the person's driver license shall be suspended under Section 53-3-219.
5458          (8) An offense under this section is a class C misdemeanor.
5459          Section 83. Section 76-10-105 is amended to read:
5460          76-10-105. Buying or possessing a tobacco product or an electronic cigarette
5461     product by a minor -- Penalty -- Compliance officer authority -- Juvenile court
5462     jurisdiction.
5463          (1) An individual who is 18 years old or older, but younger than 21 years old, and who
5464     buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an
5465     electronic cigarette product, or a nicotine product is:
5466          (a) guilty of an infraction; and
5467          (b) subject to:
5468          (i) a minimum fine or penalty of $60; and
5469          (ii) participation in a court-approved tobacco education or cessation program, which
5470     may include a participation fee.
5471          (2) (a) An individual who is under 18 years old and who buys or attempts to buy,
5472     accepts, or has in the individual's possession a tobacco product, an electronic cigarette product,
5473     or a nicotine product is subject to a citation under Section [78A-6-603] 80-6-302, unless the
5474     violation is committed on school property under Section 53G-8-211.
5475          (b) If a violation under this section is adjudicated under Section [78A-6-117] 80-6-701,
5476     the minor may be subject to the following:
5477          (i) a fine or penalty, in accordance with Section [78A-6-117] 80-6-709; and
5478          (ii) participation in a court-approved tobacco education program, which may include a
5479     participation fee.
5480          (3) (a) A compliance officer appointed by a board of education under Section
5481     53G-4-402 may not issue a citation for a violation of this section committed on school
5482     property.

5483          (b) A cited violation committed on school property shall be addressed in accordance
5484     with Section 53G-8-211.
5485          Section 84. Section 76-10-503 is amended to read:
5486          76-10-503. Restrictions on possession, purchase, transfer, and ownership of
5487     dangerous weapons by certain persons -- Exceptions.
5488          (1) For purposes of this section:
5489          (a) A Category I restricted person is a person who:
5490          (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
5491          (ii) is on probation or parole for any felony;
5492          (iii) is on parole from [a secure facility as defined in Section 62A-7-101] secure care,
5493     as defined in Section 80-1-102;
5494          (iv) within the last 10 years has been adjudicated [delinquent] under Section 80-6-701
5495     for an offense which if committed by an adult would have been a violent felony as defined in
5496     Section 76-3-203.5;
5497          (v) is an alien who is illegally or unlawfully in the United States; or
5498          (vi) is on probation for a conviction of possessing:
5499          (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
5500          (B) a controlled substance analog; or
5501          (C) a substance listed in Section 58-37-4.2.
5502          (b) A Category II restricted person is a person who:
5503          (i) has been convicted of any felony;
5504          (ii) within the last seven years has been adjudicated delinquent for an offense which if
5505     committed by an adult would have been a felony;
5506          (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
5507          (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
5508     unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
5509          (v) has been found not guilty by reason of insanity for a felony offense;

5510          (vi) has been found mentally incompetent to stand trial for a felony offense;
5511          (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
5512     Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
5513     to a mental institution;
5514          (viii) has been dishonorably discharged from the armed forces;
5515          (ix) has renounced the individual's citizenship after having been a citizen of the United
5516     States;
5517          (x) is a respondent or defendant subject to a protective order or child protective order
5518     that is issued after a hearing for which the respondent or defendant received actual notice and at
5519     which the respondent or defendant has an opportunity to participate, that restrains the
5520     respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
5521     would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
5522     partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
5523     partner, and that:
5524          (A) includes a finding that the respondent or defendant represents a credible threat to
5525     the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
5526     Sec. 921 or the child of the individual; or
5527          (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
5528     would reasonably be expected to cause bodily harm against an intimate partner or the child of
5529     an intimate partner; or
5530          (xi) has been convicted of the commission or attempted commission of assault under
5531     Section 76-5-102 or aggravated assault under Section 76-5-103 against a current or former
5532     spouse, parent, guardian, individual with whom the restricted person shares a child in common,
5533     individual who is cohabitating or has cohabitated with the restricted person as a spouse, parent,
5534     or guardian, or against an individual similarly situated to a spouse, parent, or guardian of the
5535     restricted person.
5536          (c) As used in this section, a conviction of a felony or adjudication of delinquency for

5537     an offense which would be a felony if committed by an adult does not include:
5538          (i) a conviction or an adjudication [of delinquency] under Section 80-6-701 for an
5539     offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other
5540     similar offenses relating to the regulation of business practices not involving theft or fraud; or
5541          (ii) a conviction or an adjudication [of delinquency] under Section 80-6-701 which,
5542     according to the law of the jurisdiction in which it occurred, has been expunged, set aside,
5543     reduced to a misdemeanor by court order, pardoned or regarding which the person's civil rights
5544     have been restored unless the pardon, reduction, expungement, or restoration of civil rights
5545     expressly provides that the person may not ship, transport, possess, or receive firearms.
5546          (d) It is the burden of the defendant in a criminal case to provide evidence that a
5547     conviction or [adjudication of delinquency] an adjudication under Section 80-6-701 is subject
5548     to an exception provided in Subsection (1)(c), after which it is the burden of the state to prove
5549     beyond a reasonable doubt that the conviction or the adjudication [of delinquency] is not
5550     subject to that exception.
5551          (2) A Category I restricted person who intentionally or knowingly agrees, consents,
5552     offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
5553     control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
5554     the person's custody or control:
5555          (a) any firearm is guilty of a second degree felony; or
5556          (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
5557          (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
5558     possesses, uses, or has under the person's custody or control:
5559          (a) any firearm is guilty of a third degree felony; or
5560          (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
5561          (4) A person may be subject to the restrictions of both categories at the same time.
5562          (5) If a higher penalty than is prescribed in this section is provided in another section
5563     for one who purchases, transfers, possesses, uses, or has under this custody or control any

5564     dangerous weapon, the penalties of that section control.
5565          (6) It is an affirmative defense to a charge based on the definition in Subsection
5566     (1)(b)(iv) that the person was:
5567          (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
5568     for use of a member of the person's household or for administration to an animal owned by the
5569     person or a member of the person's household; or
5570          (b) otherwise authorized by law to possess the substance.
5571          (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
5572     by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
5573          (i) was possessed by the person or was under the person's custody or control before the
5574     person became a restricted person;
5575          (ii) was not used in or possessed during the commission of a crime or subject to
5576     disposition under Section 24-3-103;
5577          (iii) is not being held as evidence by a court or law enforcement agency;
5578          (iv) was transferred to a person not legally prohibited from possessing the weapon; and
5579          (v) unless a different time is ordered by the court, was transferred within 10 days of the
5580     person becoming a restricted person.
5581          (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
5582     of a firearm or other dangerous weapon by a restricted person.
5583          (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
5584     dangerous weapon to any person, knowing that the recipient is a person described in Subsection
5585     (1)(a) or (b).
5586          (b) A person who violates Subsection (8)(a) when the recipient is:
5587          (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
5588     guilty of a second degree felony;
5589          (ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
5590     weapon other than a firearm, and the transferor has knowledge that the recipient intends to use

5591     the weapon for any unlawful purpose, is guilty of a third degree felony;
5592          (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
5593     guilty of a third degree felony; or
5594          (iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
5595     weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
5596     the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
5597          (9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
5598     other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
5599     circumstances which the person knows would be a violation of the law.
5600          (b) A person may not provide to a dealer or other person any information that the
5601     person knows to be materially false information with intent to deceive the dealer or other
5602     person about the legality of a sale, transfer or other disposition of a firearm or dangerous
5603     weapon.
5604          (c) "Materially false information" means information that portrays an illegal transaction
5605     as legal or a legal transaction as illegal.
5606          (d) A person who violates this Subsection (9) is guilty of:
5607          (i) a third degree felony if the transaction involved a firearm; or
5608          (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
5609     firearm.
5610          Section 85. Section 76-10-1315 is amended to read:
5611          76-10-1315. Safe harbor for children as victims in commercial sex or sexual
5612     solicitation.
5613          (1) As used in this section:
5614          (a) "Child engaged in commercial sex" means a child who:
5615          (i) engages, offers, or agrees to engage in any sexual activity with another individual
5616     for a fee, or the functional equivalent of a fee;
5617          (ii) takes steps in arranging a meeting through any form of advertising, agreeing to

5618     meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
5619     or the functional equivalent of a fee; or
5620          (iii) loiters in or within view of any public place for the purpose of being hired to
5621     engage in sexual activity.
5622          (b) "Child engaged in sexual solicitation" means a child who offers or agrees to
5623     commit or engage in any sexual activity with another person for a fee or the functional
5624     equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
5625          (c) "Division" means the Division of Child and Family Services created in Section
5626     62A-4a-103.
5627          (d) ["Receiving] "Juvenile receiving center" means the same as that term is defined in
5628     Section [62A-7-101] 80-1-102.
5629          (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
5630     enforcement officer shall:
5631          (a) conduct an investigation regarding possible human trafficking of the child pursuant
5632     to Sections 76-5-308 and 76-5-308.5;
5633          (b) refer the child to the division;
5634          (c) bring the child to a juvenile receiving center, if available; and
5635          (d) contact the child's parent or guardian, if practicable.
5636          (3) When law enforcement refers a child to the division under Subsection (2)(b) the
5637     division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
5638     Services.
5639          (4) A child may not be subjected to delinquency proceedings for prostitution under
5640     Section 76-10-1302, or sex solicitation under Section 76-10-1313.
5641          Section 86. Section 77-2-9 is amended to read:
5642          77-2-9. Offenses ineligible for diversion.
5643          (1) A magistrate may not grant a diversion for:
5644          (a) a capital felony;

5645          (b) a felony in the first degree;
5646          (c) any case involving a sexual offense against a victim who is under 14 years old;
5647          (d) any motor vehicle related offense involving alcohol or drugs;
5648          (e) any case involving using a motor vehicle in the commission of a felony;
5649          (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
5650     license;
5651          (g) any case involving operating a commercial motor vehicle in a negligent manner
5652     causing the death of another including the offenses of:
5653          (i) manslaughter under Section 76-5-205; or
5654          (ii) negligent homicide under Section 76-5-206; or
5655          (h) a crime of domestic violence as defined in Section 77-36-1.
5656          (2) When an individual is alleged to have committed any violation of Title 76, Chapter
5657     5, Part 4, Sexual Offenses, while under 16 years old, the court may enter a diversion in the
5658     matter if the court enters on the record the court's findings that:
5659          (a) the offenses could have been adjudicated in juvenile court but for the delayed
5660     reporting or delayed filing of the information in the district court, unless the offenses are before
5661     the court in accordance with Section [78A-6-703.2 or 78A-6-703.5] 80-6-502 or 80-6-504;
5662          (b) the individual did not use coercion or force;
5663          (c) there is no more than three years' difference between the ages of the participants;
5664     and
5665          (d) it would be in the best interest of the person to grant diversion.
5666          Section 87. Section 77-16b-102 is amended to read:
5667          77-16b-102. Definitions.
5668          As used in this chapter:
5669          (1) "Correctional facility" means:
5670          (a) a county jail;
5671          (b) a secure correctional facility as defined by Section 64-13-1; or

5672          (c) a secure [facility as defined by Section 62A-7-101] care facility as defined in
5673     Section 80-1-102.
5674          (2) "Correctional facility administrator" means:
5675          (a) a county sheriff in charge of a county jail;
5676          (b) a designee of the executive director of the Utah Department of Corrections; or
5677          (c) a designee of the director of the Division of Juvenile Justice Services.
5678          (3) "Medical supervision" means under the direction of a licensed physician, physician
5679     assistant, or nurse practitioner.
5680          (4) "Mental health therapist" [has the same definition as] means the same as that term
5681     is defined in Section 58-60-102.
5682          (5) "Prisoner" means:
5683          (a) any [person] individual who is a pretrial detainee or who has been committed to the
5684     custody of a sheriff or the Utah Department of Corrections, and who is physically in a
5685     correctional facility; and
5686          (b) any [person older than 18 years of age and younger than 21 years of age] individual
5687     who is 18 years old or older and younger than 21 years old, and who has been committed to the
5688     custody of the Division of Juvenile Justice Services.
5689          Section 88. Section 77-37-3 is amended to read:
5690          77-37-3. Bill of rights.
5691          (1) The bill of rights for victims and witnesses is:
5692          (a) Victims and witnesses have a right to be informed as to the level of protection from
5693     intimidation and harm available to them, and from what sources, as they participate in criminal
5694     justice proceedings as designated by Section 76-8-508, regarding witness tampering, and
5695     Section 76-8-509, regarding threats against a victim. Law enforcement, prosecution, and
5696     corrections personnel have the duty to timely provide this information in a form which is useful
5697     to the victim.
5698          (b) Victims and witnesses, including children and their guardians, have a right to be

5699     informed and assisted as to their role in the criminal justice process. All criminal justice
5700     agencies have the duty to provide this information and assistance.
5701          (c) Victims and witnesses have a right to clear explanations regarding relevant legal
5702     proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
5703     All criminal justice agencies have the duty to provide these explanations.
5704          (d) Victims and witnesses should have a secure waiting area that does not require them
5705     to be in close proximity to defendants or the family and friends of defendants. Agencies
5706     controlling facilities shall, whenever possible, provide this area.
5707          (e) Victims may seek restitution or reparations, including medical costs, as provided in
5708     Title 63M, Chapter 7, Criminal Justice and Substance Abuse, and Sections [62A-7-109.5,]
5709     77-38a-302, [and] 77-27-6, and 80-6-710. State and local government agencies that serve
5710     victims have the duty to have a functional knowledge of the procedures established by the
5711     Crime Victim Reparations Board and to inform victims of these procedures.
5712          (f) Victims and witnesses have a right to have any personal property returned as
5713     provided in Sections 77-24a-1 through 77-24a-5. Criminal justice agencies shall expeditiously
5714     return the property when it is no longer needed for court law enforcement or prosecution
5715     purposes.
5716          (g) Victims and witnesses have the right to reasonable employer intercession services,
5717     including pursuing employer cooperation in minimizing employees' loss of pay and other
5718     benefits resulting from their participation in the criminal justice process. Officers of the court
5719     shall provide these services and shall consider victims' and witnesses' schedules so that
5720     activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
5721     request that the responsible agency intercede with employers or other parties.
5722          (h) Victims and witnesses, particularly children, should have a speedy disposition of
5723     the entire criminal justice process. All involved public agencies shall establish policies and
5724     procedures to encourage speedy disposition of criminal cases.
5725          (i) Victims and witnesses have the right to timely notice of judicial proceedings they

5726     are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
5727     have the duty to provide these notifications. Defense counsel and others have the duty to
5728     provide timely notice to prosecution of any continuances or other changes that may be required.
5729          (j) Victims of sexual offenses have the following rights:
5730          (i) the right to request voluntary testing for themselves for HIV infection as provided in
5731     Section 76-5-503 and to request mandatory testing of the alleged sexual offender for HIV
5732     infection as provided in Section 76-5-502;
5733          (ii) the right to be informed whether a DNA profile was obtained from the testing of
5734     the rape kit evidence or from other crime scene evidence;
5735          (iii) the right to be informed whether a DNA profile developed from the rape kit
5736     evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
5737     System;
5738          (iv) the right to be informed whether there is a match between a DNA profile
5739     developed from the rape kit evidence or other crime scene evidence and a DNA profile
5740     contained in the Utah Combined DNA Index System, provided that disclosure would not
5741     impede or compromise an ongoing investigation; and
5742          (v) the right to designate a person of the victim's choosing to act as a recipient of the
5743     information provided under this Subsection (1)(j) and under Subsections (2) and (3).
5744          (k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
5745     communicate with the victim or the victim's designee regarding the status of DNA testing,
5746     absent a specific request received from the victim or the victim's designee.
5747          (2) The law enforcement agency investigating a sexual offense may:
5748          (a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
5749     request of a victim or the victim's designee and is the designated agency to provide that
5750     information to the victim or the victim's designee;
5751          (b) require that the victim's request be in writing; and
5752          (c) respond to the victim's request with verbal communication, written communication,

5753     or by email, if an email address is available.
5754          (3) The law enforcement agency investigating a sexual offense has the following
5755     authority and responsibilities:
5756          (a) If the law enforcement agency determines that DNA evidence will not be analyzed
5757     in a case where the identity of the perpetrator has not been confirmed, the law enforcement
5758     agency shall notify the victim or the victim's designee.
5759          (b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
5760     or other crime scene evidence from an unsolved sexual assault case, the law enforcement
5761     agency shall provide written notification of that intention and information on how to appeal the
5762     decision to the victim or the victim's designee of that intention.
5763          (ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
5764     prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
5765          (c) A law enforcement agency responsible for providing information under Subsections
5766     (1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
5767     victim or the victim's designee, shall advise the victim or the victim's designee of any
5768     significant changes in the information of which the law enforcement agency is aware.
5769          (d) The law enforcement agency investigating the sexual offense is responsible for
5770     informing the victim or the victim's designee of the rights established under Subsections
5771     (1)(j)(ii) through (iv) and (2), and this Subsection (3).
5772          (4) Informational rights of the victim under this chapter are based upon the victim
5773     providing the current name, address, telephone number, and email address, if an email address
5774     is available, of the person to whom the information should be provided to the criminal justice
5775     agencies involved in the case.
5776          Section 89. Section 77-38-5 is amended to read:
5777          77-38-5. Application to felonies and misdemeanors of the declaration of the rights
5778     of crime victims.
5779          The provisions of this chapter shall apply to:

5780          (1) any felony filed in the courts of the state;
5781          (2) to any class A and class B misdemeanor filed in the courts of the state; and
5782          (3) to cases in the juvenile court as provided in Section [78A-6-114] 80-6-604.
5783          Section 90. Section 77-38-14 is amended to read:
5784          77-38-14. Notice of expungement petition -- Victim's right to object.
5785          (1) (a) The Department of Corrections or the Juvenile Probation Department shall
5786     prepare a document explaining the right of a victim or a victim's representative to object to a
5787     petition for expungement under Section 77-40-107 or [78A-6-1503] 80-6-1004 and the
5788     procedures for obtaining notice of the petition.
5789          (b) The department or division shall provide each trial court a copy of the document
5790     that has jurisdiction over delinquencies or criminal offenses subject to expungement.
5791          (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
5792     accordance with a plea in abeyance agreement, or an adjudication subject to expungement shall
5793     provide a copy of the document to each person who would be entitled to notice of a petition for
5794     expungement under Sections 77-40-107 and [78A-6-1503] 80-6-1004.
5795          Section 91. Section 77-38a-102 is amended to read:
5796          77-38a-102. Definitions.
5797          As used in this chapter:
5798          (1) "Conviction" includes a:
5799          (a) judgment of guilt;
5800          (b) a plea of guilty; or
5801          (c) a plea of no contest.
5802          (2) "Criminal activities" means:
5803          (a) any misdemeanor or felony offense of which the defendant is convicted; or
5804          (b) any other criminal conduct for which the defendant admits responsibility to the
5805     sentencing court with or without an admission of committing the criminal conduct.
5806          (3) (a) "Defendant" means an individual who has been convicted of, or entered into a

5807     plea disposition for, a criminal activity.
5808          (b) "Defendant" does not include a minor, as defined in Section [78A-6-105] 80-1-102,
5809     who is adjudicated, or enters into a nonjudicial adjustment, for any offense under [Title 78A,
5810     Chapter 6, Juvenile Court Act] Title 80, Chapter 6, Juvenile Justice.
5811          (4) "Department" means the Department of Corrections.
5812          (5) "Diversion" means suspending criminal proceedings prior to conviction on the
5813     condition that a defendant agree to participate in a rehabilitation program, make restitution to
5814     the victim, or fulfill some other condition.
5815          (6) "Party" means the prosecutor, defendant, or department involved in a prosecution.
5816          (7) "Pecuniary damages" means all demonstrable economic injury, whether or not yet
5817     incurred, including those which a person could recover in a civil action arising out of the facts
5818     or events constituting the defendant's criminal activities and includes the fair market value of
5819     property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
5820     including those and other travel expenses reasonably incurred as a result of participation in
5821     criminal proceedings, and medical and other expenses, but excludes punitive or exemplary
5822     damages and pain and suffering.
5823          (8) "Plea agreement" means an agreement entered between the prosecution and
5824     defendant setting forth the special terms and conditions and criminal charges upon which the
5825     defendant will enter a plea of guilty or no contest.
5826          (9) "Plea disposition" means an agreement entered into between the prosecution and
5827     defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement
5828     by which the defendant may enter a plea in any other jurisdiction or where charges are
5829     dismissed without a plea.
5830          (10) "Plea in abeyance" means an order by a court, upon motion of the prosecution and
5831     the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that
5832     time, entering judgment of conviction against him nor imposing sentence upon him on
5833     condition that he comply with specific conditions as set forth in a plea in abeyance agreement.

5834          (11) "Plea in abeyance agreement" means an agreement entered into between the
5835     prosecution and the defendant setting forth the specific terms and conditions upon which,
5836     following acceptance of the agreement by the court, a plea may be held in abeyance.
5837          (12) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
5838     victim, including prejudgment interest, the accrual of interest from the time of sentencing,
5839     insured damages, reimbursement for payment of a reward, and payment for expenses to a
5840     governmental entity for extradition or transportation and as may be further defined by law.
5841          (13) (a) "Reward" means a sum of money:
5842          (i) offered to the public for information leading to the arrest and conviction of an
5843     offender; and
5844          (ii) that has been paid to a person or persons who provide this information, except that
5845     the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
5846          (b) "Reward" does not include any amount paid in excess of the sum offered to the
5847     public.
5848          (14) "Screening" means the process used by a prosecuting attorney to terminate
5849     investigative action, proceed with prosecution, move to dismiss a prosecution that has been
5850     commenced, or cause a prosecution to be diverted.
5851          (15) (a) "Victim" means an individual or entity, including the Utah Office for Victims
5852     of Crime, that the court determines has suffered pecuniary damages as a result of the
5853     defendant's criminal activities.
5854          (b) "Victim" may not include a codefendant or accomplice.
5855          Section 92. Section 77-40-101.5 is amended to read:
5856          77-40-101.5. Applicability to juvenile court records.
5857          This chapter does not apply to an expungement of a record for an adjudication under
5858     Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section [78A-6-105]
5859     80-1-102, of an offense in the juvenile court.
5860          Section 93. Section 77-41-112 is amended to read:

5861          77-41-112. Removal from registry -- Requirements -- Procedure.
5862          (1) An offender who is required to register with the Sex and Kidnap Offender Registry
5863     may petition the court for an order removing the offender from the Sex and Kidnap Offender
5864     Registry if:
5865          (a) (i) the offender is convicted of an offense described in Subsection (2);
5866          (ii) at least five years have passed after the day on which the offender's sentence for the
5867     offense terminates;
5868          (iii) the offense is the only offense for which the offender is required to register;
5869          (iv) the offender is not convicted of another offense, excluding a traffic offense, after
5870     the day on which the offender is convicted of the offense for which the offender is required to
5871     register, as evidenced by a certificate of eligibility issued by the bureau;
5872          (v) the offender successfully completes all treatment ordered by the court or the Board
5873     of Pardons and Parole relating to the offense;
5874          (vi) the offender pays all restitution ordered by the court or the Board of Pardons and
5875     Parole relating to the offense; and
5876          (vii) the offender complies with all registration requirements required under this
5877     chapter at all times; or
5878          (b) (i) if the offender is required to register in accordance with Subsection
5879     77-41-105(3)(a);
5880          (ii) at least 10 years have passed after the later of:
5881          (A) the day on which the offender is placed on probation;
5882          (B) the day on which the offender is released from incarceration to parole;
5883          (C) the day on which the offender's sentence is terminated without parole;
5884          (D) the day on which the offender enters a community-based residential program; or
5885          (E) for a minor, as defined in Section [78A-6-105] 80-1-102, the day on which the
5886     division's custody of the offender is terminated;
5887          (iii) the offender is not convicted of another offense that is a class A misdemeanor,

5888     felony, or capital felony within the most recent 10-year period after the date described in
5889     Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the bureau;
5890          (iv) the offender successfully completes all treatment ordered by the court or the Board
5891     of Pardons and Parole relating to the offense;
5892          (v) the offender pays all restitution ordered by the court or the Board of Pardons and
5893     Parole relating to the offense; and
5894          (vi) the offender complies with all registration requirements required under this chapter
5895     at all times.
5896          (2) The offenses referred to in Subsection (1)(a)(i) are:
5897          (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
5898          (b) Section 76-5-301, kidnapping;
5899          (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
5900     76-5-304 is the only conviction for which the offender is required to register;
5901          (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
5902     offense, the offender is not more than 10 years older than the victim;
5903          (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
5904     offender is not more than 10 years older than the victim;
5905          (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
5906     time of the offense, the offender is not more than 15 years older than the victim; or
5907          (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
5908          (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
5909     under this section shall apply for a certificate of eligibility from the bureau.
5910          (ii) An offender who intentionally or knowingly provides false or misleading
5911     information to the bureau when applying for a certificate of eligibility is guilty of a class B
5912     misdemeanor and subject to prosecution under Section 76-8-504.6.
5913          (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
5914     of eligibility to an offender who provides false information on an application.

5915          (b) (i) The bureau shall perform a check of records of governmental agencies, including
5916     national criminal databases, to determine whether an offender is eligible to receive a certificate
5917     of eligibility.
5918          (ii) If the offender meets the requirements described in Subsection (1)(a) or (b), the
5919     bureau shall issue a certificate of eligibility to the offender, which is valid for a period of 90
5920     days after the day on which the bureau issues the certificate.
5921          (iii) The bureau shall request information from the department regarding whether the
5922     offender meets the requirements.
5923          (iv) Upon request from the bureau under Subsection (3)(b)(iii), the department shall
5924     issue a document that states whether the offender meets the requirements described in
5925     Subsection (1)(a) or (b), which may be used by the bureau to determine if a certificate of
5926     eligibility is appropriate.
5927          (v) The bureau shall provide a copy of the document provided to the bureau under
5928     Subsection (3)(b)(iv) to the offender upon issuance of a certificate of eligibility.
5929          (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
5930     eligibility in accordance with the process in Section 63J-1-504.
5931          (ii) The application fee shall be paid at the time the offender submits an application for
5932     a certificate of eligibility to the bureau.
5933          (iii) If the bureau determines that the issuance of a certificate of eligibility is
5934     appropriate, the offender will be charged an additional fee for the issuance of a certificate of
5935     eligibility.
5936          (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
5937     as a dedicated credit by the department to cover the costs incurred in determining eligibility.
5938          (5) (a) The offender shall file the petition, including original information, the court
5939     docket, the certificate of eligibility from the bureau, and the document from the department
5940     described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
5941     of the prosecutor.

5942          (b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry,
5943     the office of the prosecutor shall provide notice of the petition by first-class mail to the victim
5944     at the most recent address of record on file or, if the victim is still a minor under 18 years [of
5945     age] old, to the parent or guardian of the victim.
5946          (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
5947     that the victim has a right to object to the removal of the offender from the registry, and provide
5948     instructions for registering an objection with the court.
5949          (d) The office of the prosecutor shall provide the following, if available, to the court
5950     within 30 days after the day on which the office receives the petition:
5951          (i) presentencing report;
5952          (ii) an evaluation done as part of sentencing; and
5953          (iii) any other information the office of the prosecutor feels the court should consider.
5954          (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
5955     [of age] old, may respond to the petition by filing a recommendation or objection with the court
5956     within 45 days after the day on which the petition is mailed to the victim.
5957          (6) (a) The court shall:
5958          (i) review the petition and all documents submitted with the petition; and
5959          (ii) hold a hearing if requested by the prosecutor or the victim.
5960          (b) The court may grant the petition and order removal of the offender from the registry
5961     if the court determines that the offender has met the requirements described in Subsection
5962     (1)(a) or (b) and removal is not contrary to the interests of the public.
5963          (c) If the court grants the petition, the court shall forward a copy of the order directing
5964     removal of the offender from the registry to the department and the office of the prosecutor.
5965          (d) If the court denies the petition, the offender may not submit another petition for
5966     three years.
5967          (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
5968     in the department of the court's decision within three days after the day on which the court

5969     issues the court's decision in the same manner described in Subsection (5).
5970          Section 94. Section 78A-2-104 is amended to read:
5971          78A-2-104. Judicial Council -- Creation -- Members -- Terms and election --
5972     Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee.
5973          (1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution,
5974     shall be composed of:
5975          (a) the chief justice of the Supreme Court;
5976          (b) one member elected by the justices of the Supreme Court;
5977          (c) one member elected by the judges of the Court of Appeals;
5978          (d) six members elected by the judges of the district courts;
5979          (e) three members elected by the judges of the juvenile courts;
5980          (f) three members elected by the justice court judges; and
5981          (g) a member or ex officio member of the Board of Commissioners of the Utah State
5982     Bar who is an active member of the Bar in good standing at the time of election by the Board of
5983     Commissioners.
5984          (2) The Judicial Council shall have a seal.
5985          (3) (a) The chief justice of the Supreme Court shall act as presiding officer of the
5986     council and chief administrative officer for the courts. The chief justice shall vote only in the
5987     case of a tie.
5988          (b) All members of the council shall serve for three-year terms.
5989          (i) If a council member should die, resign, retire, or otherwise fail to complete a term of
5990     office, the appropriate constituent group shall elect a member to complete the term of office.
5991          (ii) In courts having more than one member, the members shall be elected to staggered
5992     terms.
5993          (iii) The person elected by the Board of Commissioners may complete a three-year
5994     term of office on the Judicial Council even though the person ceases to be a member or ex
5995     officio member of the Board of Commissioners. The person shall be an active member of the

5996     Bar in good standing for the entire term of the Judicial Council.
5997          (c) Elections shall be held under rules made by the Judicial Council.
5998          (4) The council is responsible for the development of uniform administrative policy for
5999     the courts throughout the state. The presiding officer of the Judicial Council is responsible for
6000     the implementation of the policies developed by the council and for the general management of
6001     the courts, with the aid of the state court administrator. The council has authority and
6002     responsibility to:
6003          (a) establish and assure compliance with policies for the operation of the courts,
6004     including uniform rules and forms; and
6005          (b) publish and submit to the governor, the chief justice of the Supreme Court, and the
6006     Legislature an annual report of the operations of the courts, which shall include financial and
6007     statistical data and may include suggestions and recommendations for legislation.
6008          (5) The council shall establish standards for the operation of the courts of the state
6009     including, but not limited to, facilities, court security, support services, and staff levels for
6010     judicial and support personnel.
6011          (6) The council shall by rule establish the time and manner for destroying court
6012     records, including computer records, and shall establish retention periods for these records.
6013          (7) (a) Consistent with the requirements of judicial office and security policies, the
6014     council shall establish procedures to govern the assignment of state vehicles to public officers
6015     of the judicial branch.
6016          (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and
6017     may be assigned for unlimited use, within the state only.
6018          (8) (a) The council shall advise judicial officers and employees concerning ethical
6019     issues and shall establish procedures for issuing informal and formal advisory opinions on
6020     these issues.
6021          (b) Compliance with an informal opinion is evidence of good faith compliance with the
6022     Code of Judicial Conduct.

6023          (c) A formal opinion constitutes a binding interpretation of the Code of Judicial
6024     Conduct.
6025          (9) (a) The council shall establish written procedures authorizing the presiding officer
6026     of the council to appoint judges of courts of record by special or general assignment to serve
6027     temporarily in another level of court in a specific court or generally within that level. The
6028     appointment shall be for a specific period and shall be reported to the council.
6029          (b) These procedures shall be developed in accordance with Subsection 78A-2-107(10)
6030     regarding temporary appointment of judges.
6031          (10) The Judicial Council may by rule designate municipalities in addition to those
6032     designated by statute as a location of a trial court of record. There shall be at least one court
6033     clerk's office open during regular court hours in each county. Any trial court of record may hold
6034     court in any municipality designated as a location of a court of record.
6035          (11) The Judicial Council shall by rule determine whether the administration of a court
6036     shall be the obligation of the Administrative Office of the Courts or whether the Administrative
6037     Office of the Courts should contract with local government for court support services.
6038          (12) The Judicial Council may by rule direct that a district court location be
6039     administered from another court location within the county.
6040          (13) (a) The Judicial Council shall:
6041          (i) establish the Office of Guardian Ad Litem, in accordance with Title 78A, [Chapter
6042     6, Part 9] Chapter 2, Part 8, Guardian Ad Litem; and
6043          (ii) establish and supervise a Guardian Ad Litem Oversight Committee.
6044          (b) The Guardian Ad Litem Oversight Committee described in Subsection (13)(a)(ii)
6045     shall oversee the Office of Guardian Ad Litem, established under Subsection (13)(a)(i), and
6046     assure that the Office of Guardian Ad Litem complies with state and federal law, regulation,
6047     policy, and court rules.
6048          (14) The Judicial Council shall establish and maintain, in cooperation with the Office
6049     of Recovery Services within the Department of Human Services, the part of the state case

6050     registry that contains records of each support order established or modified in the state on or
6051     after October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec.
6052     654a.
6053          Section 95. Section 78A-2-301 is amended to read:
6054          78A-2-301. Civil fees of the courts of record -- Courts complex design.
6055          (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
6056     court of record not governed by another subsection is $375.
6057          (b) The fee for filing a complaint or petition is:
6058          (i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
6059     interest, and attorney fees is $2,000 or less;
6060          (ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
6061     interest, and attorney fees is greater than $2,000 and less than $10,000;
6062          (iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
6063          (iv) $325 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
6064     4, Separate Maintenance;
6065          (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5;
6066          (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
6067     Registry under Section 77-41-112; and
6068          (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
6069     adoptive child of the petitioner.
6070          (c) The fee for filing a small claims affidavit is:
6071          (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
6072     interest, and attorney fees is $2,000 or less;
6073          (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
6074     interest, and attorney fees is greater than $2,000, but less than $7,500; and
6075          (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
6076     interest, and attorney fees is $7,500 or more.

6077          (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
6078     complaint, or other claim for relief against an existing or joined party other than the original
6079     complaint or petition is:
6080          (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
6081     $2,000 or less;
6082          (ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
6083     greater than $2,000 and less than $10,000;
6084          (iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
6085     $10,000 or more, or the party seeks relief other than monetary damages; and
6086          (iv) $130 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
6087     Chapter 4, Separate Maintenance.
6088          (e) The fee for filing a small claims counter affidavit is:
6089          (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
6090     $2,000 or less;
6091          (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
6092     greater than $2,000, but less than $7,500; and
6093          (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
6094     $7,500 or more.
6095          (f) The fee for depositing funds under Section 57-1-29 when not associated with an
6096     action already before the court is determined under Subsection (1)(b) based on the amount
6097     deposited.
6098          (g) The fee for filing a petition is:
6099          (i) $240 for trial de novo of an adjudication of the justice court or of the small claims
6100     department; and
6101          (ii) $80 for an appeal of a municipal administrative determination in accordance with
6102     Section 10-3-703.7.
6103          (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or

6104     petition for writ of certiorari is $240.
6105          (i) The fee for filing a petition for expungement is $150.
6106          (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
6107     allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
6108     Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
6109     Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
6110     Act.
6111          (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
6112     allocated by the state treasurer to be deposited in the restricted account, Children's Legal
6113     Defense Account, as provided in Section 51-9-408.
6114          (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
6115     and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
6116     in Section 78B-6-209.
6117          (iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
6118     (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
6119     deposited in the restricted account, Court Security Account, as provided in Section 78A-2-602.
6120          (v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
6121     and (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account,
6122     Court Security Account, as provided in Section 78A-2-602.
6123          (k) The fee for filing a judgment, order, or decree of a court of another state or of the
6124     United States is $35.
6125          (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
6126     50% of the fee for filing an original action seeking the same relief.
6127          (m) The fee for filing probate or child custody documents from another state is $35.
6128          (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
6129     State Tax Commission is $30.
6130          (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state

6131     or a judgment, order, or decree of an administrative agency, commission, board, council, or
6132     hearing officer of this state or of its political subdivisions other than the State Tax
6133     Commission, is $50.
6134          (o) The fee for filing a judgment by confession without action under Section
6135     78B-5-205 is $35.
6136          (p) The fee for filing an award of arbitration for confirmation, modification, or vacation
6137     under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an action before
6138     the court is $35.
6139          (q) The fee for filing a petition or counter-petition to modify a domestic relations order
6140     other than a protective order or stalking injunction is $100.
6141          (r) The fee for filing any accounting required by law is:
6142          (i) $15 for an estate valued at $50,000 or less;
6143          (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
6144          (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
6145          (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
6146          (v) $175 for an estate valued at more than $168,000.
6147          (s) The fee for filing a demand for a civil jury is $250.
6148          (t) The fee for filing a notice of deposition in this state concerning an action pending in
6149     another state under Utah Rules of Civil Procedure, Rule 30 is $35.
6150          (u) The fee for filing documents that require judicial approval but are not part of an
6151     action before the court is $35.
6152          (v) The fee for a petition to open a sealed record is $35.
6153          (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
6154     addition to any fee for a complaint or petition.
6155          (x) (i) The fee for a petition for authorization for a minor to marry required by Section
6156     30-1-9 is $5.
6157          (ii) The fee for a petition for emancipation of a minor provided in [Title 78A, Chapter

6158     6, Part 8, Emancipation] Title 80, Chapter 7, Emancipation, is $50.
6159          (y) The fee for a certificate issued under Section 26-2-25 is $8.
6160          (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
6161     page.
6162          (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
6163     per page.
6164          (bb) The Judicial Council shall by rule establish a schedule of fees for copies of
6165     documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
6166     Government Records Access and Management Act. Fees under this Subsection (1)(bb) shall be
6167     credited to the court as a reimbursement of expenditures.
6168          (cc) There is no fee for services or the filing of documents not listed in this section or
6169     otherwise provided by law.
6170          (dd) Except as provided in this section, all fees collected under this section are paid to
6171     the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
6172     accepts the pleading for filing or performs the requested service.
6173          (ee) The filing fees under this section may not be charged to the state, its agencies, or
6174     political subdivisions filing or defending any action. In judgments awarded in favor of the state,
6175     its agencies, or political subdivisions, except the Office of Recovery Services, the court shall
6176     order the filing fees and collection costs to be paid by the judgment debtor. The sums collected
6177     under this Subsection (1)(ee) shall be applied to the fees after credit to the judgment, order,
6178     fine, tax, lien, or other penalty and costs permitted by law.
6179          (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
6180     transfer all revenues representing the difference between the fees in effect after May 2, 1994,
6181     and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
6182     Construction and Management Capital Projects Fund.
6183          (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
6184     Construction and Management shall use up to $3,750,000 of the revenue deposited in the

6185     Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
6186     initiate the development of a courts complex in Salt Lake City.
6187          (B) If the Legislature approves funding for construction of a courts complex in Salt
6188     Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
6189     Management shall use the revenue deposited in the Capital Projects Fund under this Subsection
6190     (2)(a)(ii) to construct a courts complex in Salt Lake City.
6191          (C) After the courts complex is completed and all bills connected with its construction
6192     have been paid, the Division of Facilities Construction and Management shall use any money
6193     remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
6194     District Court building.
6195          (iii) The Division of Facilities Construction and Management may enter into
6196     agreements and make expenditures related to this project before the receipt of revenues
6197     provided for under this Subsection (2)(a)(iii).
6198          (iv) The Division of Facilities Construction and Management shall:
6199          (A) make those expenditures from unexpended and unencumbered building funds
6200     already appropriated to the Capital Projects Fund; and
6201          (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
6202     under this Subsection (2).
6203          (b) After June 30, 1998, the state court administrator shall ensure that all revenues
6204     representing the difference between the fees in effect after May 2, 1994, and the fees in effect
6205     before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
6206     account.
6207          (c) The Division of Finance shall deposit all revenues received from the state court
6208     administrator into the restricted account created by this section.
6209          (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
6210     transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
6211     Vehicles, in a court of record to the Division of Facilities Construction and Management

6212     Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
6213     calculated on the balance of the fine or bail forfeiture paid.
6214          (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
6215     of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
6216     court of record to the Division of Finance for deposit in the restricted account created by this
6217     section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
6218     balance of the fine or bail forfeiture paid.
6219          (3) (a) There is created within the General Fund a restricted account known as the State
6220     Courts Complex Account.
6221          (b) The Legislature may appropriate money from the restricted account to the state
6222     court administrator for the following purposes only:
6223          (i) to repay costs associated with the construction of the court complex that were
6224     funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
6225          (ii) to cover operations and maintenance costs on the court complex.
6226          Section 96. Section 78A-2-601 is amended to read:
6227          78A-2-601. Security surcharge -- Application and exemptions -- Deposit in
6228     restricted account.
6229          (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
6230     of $53 shall be assessed in all courts of record on all criminal convictions and juvenile
6231     delinquency judgments.
6232          (2) The security surcharge may not be imposed upon:
6233          (a) nonmoving traffic violations;
6234          (b) community service; and
6235          (c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
6236     case under Section [78A-6-602] 80-6-304.
6237          (3) The security surcharge shall be collected after the surcharge under Section
6238     51-9-401, but before any fine, and deposited with the state treasurer. A fine that would

6239     otherwise have been charged may not be reduced due to the imposition of the security
6240     surcharge.
6241          (4) The state treasurer shall deposit the collected security surcharge in the restricted
6242     account, Court Security Account, as provided in Section 78A-2-602.
6243          Section 97. Section 78A-2-702 is amended to read:
6244          78A-2-702. Definitions.
6245          As used in this part:
6246          (1) "Attorney guardian ad litem" means an attorney employed by the office.
6247          (2) "Director" means the director of the office.
6248          (3) "Guardian ad litem" means [either] an attorney guardian ad litem or a private
6249     attorney guardian ad litem.
6250          (4) "Office" means the Office of Guardian ad Litem, created in Section [78A-6-901]
6251     78A-2-802.
6252          (5) "Private attorney guardian ad litem" means an attorney designated by the office
6253     [pursuant to] in accordance with Section 78A-2-705 who is not an employee of the office.
6254          Section 98. Section 78A-5-102 is amended to read:
6255          78A-5-102. Jurisdiction -- Appeals.
6256          (1) As used in this section:
6257          (a) "Qualifying offense" means an offense described in Subsection [78A-6-703.2]
6258     80-6-502(1)(b).
6259          (b) "Separate offense" means any offense that is not a qualifying offense.
6260          (c) "Single criminal episode" means the same as that term is defined in Section
6261     76-1-401.
6262          (2) Except as otherwise provided by the Utah Constitution or by statute, the district
6263     court has original jurisdiction in all matters civil and criminal.
6264          (3) A district court judge may issue all extraordinary writs and other writs necessary to
6265     carry into effect the district court judge's orders, judgments, and decrees.

6266          (4) The district court has jurisdiction over matters of lawyer discipline consistent with
6267     the rules of the Supreme Court.
6268          (5) The district court has jurisdiction over all matters properly filed in the circuit court
6269     prior to July 1, 1996.
6270          (6) The district court has appellate jurisdiction over judgments and orders of the justice
6271     court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with
6272     Section 78A-8-106.
6273          (7) Jurisdiction over appeals from the final orders, judgments, and decrees of the
6274     district court is described in Sections 78A-3-102 and 78A-4-103.
6275          (8) The district court has jurisdiction to review:
6276          (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4, Administrative
6277     Procedures Act, and shall comply with the requirements of that chapter in its review of agency
6278     adjudicative proceedings; and
6279          (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
6280          (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
6281     over:
6282          (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
6283     ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
6284          (i) there is no justice court with territorial jurisdiction;
6285          (ii) the offense occurred within the boundaries of the municipality in which the district
6286     courthouse is located and that municipality has not formed, or has not formed and then
6287     dissolved, a justice court; or
6288          (iii) the offense is included in an indictment or information covering a single criminal
6289     episode alleging the commission of a felony or a class A misdemeanor by an individual who is
6290     18 years old or older ; or
6291          (b) a qualifying offense committed by an individual who is 16 or 17 years old.
6292          (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive

6293     jurisdiction over any separate offense:
6294          (i) committed by an individual who is 16 or 17 years old; and
6295          (ii) arising from a single criminal episode containing a qualifying offense for which the
6296     district court has original jurisdiction under Subsection (9)(b).
6297          (b) If an individual who is charged with a qualifying offense enters a plea to, or is
6298     found guilty of, a separate offense other than the qualifying offense, the district court shall have
6299     jurisdiction over the separate offense.
6300          (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
6301     the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
6302     exclusive jurisdiction of the district court over any separate offense is terminated.
6303          (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
6304     (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
6305     even if the offense is committed by an individual who is 16 or 17 years old.
6306          (12) The district court has subject matter jurisdiction over an offense for which the
6307     juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
6308     offense to the district court in accordance with Section [78A-6-703.5] 80-6-504.
6309          (13) The district court has subject matter jurisdiction over an action under Title 78B,
6310     Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
6311     district court.
6312          Section 99. Section 78A-7-106 is amended to read:
6313          78A-7-106. Jurisdiction.
6314          (1) Except as otherwise provided by Subsection 78A-5-102(8), a justice court has
6315     original jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions
6316     committed within the justice court's territorial jurisdiction by an individual who is 18 years old
6317     or older.
6318          (2) Except for an offense for which the juvenile court or the district court has exclusive
6319     jurisdiction under Subsection 78A-5-102(10) or [78A-6-103(3)] Section 78A-6-103.5, a justice

6320     court has original jurisdiction over the following offenses committed within the justice court's
6321     territorial jurisdiction by an individual who is 16 or 17 years old:
6322          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
6323     Licensing Act; and
6324          (b) class B and C misdemeanor and infraction violations of:
6325          (i) Title 23, Wildlife Resources Code of Utah;
6326          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
6327          (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
6328     Under the Influence and Reckless Driving ;
6329          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
6330     Operators Act;
6331          (v) Title 41, Chapter 22, Off-Highway Vehicles;
6332          (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
6333          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
6334          (viii) Title 73, Chapter 18b, Water Safety; and
6335          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
6336     Operators Act.
6337          (3) An offense is committed within the territorial jurisdiction of a justice court if:
6338          (a) conduct constituting an element of the offense or a result constituting an element of
6339     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
6340     itself unlawful;
6341          (b) either an individual committing an offense or a victim of an offense is located
6342     within the court's jurisdiction at the time the offense is committed;
6343          (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
6344     within the court's jurisdiction;
6345          (d) an individual commits any act constituting an element of an inchoate offense within
6346     the court's jurisdiction, including an agreement in a conspiracy;

6347          (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
6348     individual in the planning or commission of an offense within the court's jurisdiction;
6349          (f) the investigation of the offense does not readily indicate in which court's jurisdiction
6350     the offense occurred, and:
6351          (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
6352     passing within the court's jurisdiction;
6353          (ii) (A) the offense is committed on or in any body of water bordering on or within this
6354     state if the territorial limits of the justice court are adjacent to the body of water; and
6355          (B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river, lake,
6356     or reservoir, whether natural or man-made;
6357          (iii) an individual who commits theft exercises control over the affected property
6358     within the court's jurisdiction; or
6359          (iv) the offense is committed on or near the boundary of the court's jurisdiction;
6360          (g) the offense consists of an unlawful communication that was initiated or received
6361     within the court's jurisdiction; or
6362          (h) jurisdiction is otherwise specifically provided by law.
6363          (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
6364     transfer the case to the juvenile court for further proceedings if the justice court judge
6365     determines and the juvenile court concurs that the best interests of the defendant would be
6366     served by the continuing jurisdiction of the juvenile court.
6367          (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
6368     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
6369     jurisdiction of the justice court.
6370          Section 100. Section 78B-3-406 is amended to read:
6371          78B-3-406. Failure to obtain informed consent -- Proof required of patient --
6372     Defenses -- Consent to health care.
6373          (1) (a) When a person submits to health care rendered by a health care provider, it is

6374     presumed that actions taken by the health care provider are either expressly or impliedly
6375     authorized to be done.
6376          (b) For a patient to recover damages from a health care provider in an action based
6377     upon the provider's failure to obtain informed consent, the patient must prove the following:
6378          (i) that a provider-patient relationship existed between the patient and health care
6379     provider;
6380          (ii) the health care provider rendered health care to the patient;
6381          (iii) the patient suffered personal injuries arising out of the health care rendered;
6382          (iv) the health care rendered carried with it a substantial and significant risk of causing
6383     the patient serious harm;
6384          (v) the patient was not informed of the substantial and significant risk;
6385          (vi) a reasonable, prudent person in the patient's position would not have consented to
6386     the health care rendered after having been fully informed as to all facts relevant to the decision
6387     to give consent; and
6388          (vii) the unauthorized part of the health care rendered was the proximate cause of
6389     personal injuries suffered by the patient.
6390          (2) In determining what a reasonable, prudent person in the patient's position would do
6391     under the circumstances, the finder of fact shall use the viewpoint of the patient before health
6392     care was provided and before the occurrence of any personal injuries alleged to have arisen
6393     from said health care.
6394          (3) It shall be a defense to any malpractice action against a health care provider based
6395     upon alleged failure to obtain informed consent if:
6396          (a) the risk of the serious harm which the patient actually suffered was relatively minor;
6397          (b) the risk of serious harm to the patient from the health care provider was commonly
6398     known to the public;
6399          (c) the patient stated, prior to receiving the health care complained of, that he would
6400     accept the health care involved regardless of the risk; or that he did not want to be informed of

6401     the matters to which he would be entitled to be informed;
6402          (d) the health care provider, after considering all of the attendant facts and
6403     circumstances, used reasonable discretion as to the manner and extent to which risks were
6404     disclosed, if the health care provider reasonably believed that additional disclosures could be
6405     expected to have a substantial and adverse effect on the patient's condition; or
6406          (e) the patient or the patient's representative executed a written consent which sets forth
6407     the nature and purpose of the intended health care and which contains a declaration that the
6408     patient accepts the risk of substantial and serious harm, if any, in hopes of obtaining desired
6409     beneficial results of health care and which acknowledges that health care providers involved
6410     have explained the patient's condition and the proposed health care in a satisfactory manner and
6411     that all questions asked about the health care and its attendant risks have been answered in a
6412     manner satisfactory to the patient or the patient's representative.
6413          (4) The written consent shall be a defense to an action against a health care provider
6414     based upon failure to obtain informed consent unless the patient proves that the person giving
6415     the consent lacked capacity to consent or shows by clear and convincing evidence that the
6416     execution of the written consent was induced by the defendant's affirmative acts of fraudulent
6417     misrepresentation or fraudulent omission to state material facts.
6418          (5) This act may not be construed to prevent any person 18 years [of age] old or over
6419     from refusing to consent to health care for the patient's own person upon personal or religious
6420     grounds.
6421          (6) Except as provided in Section 76-7-304.5, the following persons are authorized and
6422     empowered to consent to any health care not prohibited by law:
6423          (a) any parent, whether an adult or a minor, for the parent's minor child;
6424          (b) any married person, for a spouse;
6425          (c) any person temporarily standing in loco parentis, whether formally serving or not,
6426     for the minor under that person's care and any guardian for the guardian's ward;
6427          (d) any person 18 years [of age] old or over for that person's parent who is unable by

6428     reason of age, physical or mental condition, to provide such consent;
6429          (e) any patient 18 years [of age] old or over;
6430          (f) any female regardless of age or marital status, when given in connection with her
6431     pregnancy or childbirth;
6432          (g) in the absence of a parent, any adult for the adult's minor brother or sister;
6433          (h) in the absence of a parent, any grandparent for the grandparent's minor grandchild;
6434          (i) an emancipated minor as provided in Section [78A-6-805] 80-7-105;
6435          (j) a minor who has contracted a lawful marriage; and
6436          (k) an unaccompanied homeless minor, as that term is defined in the McKinney-Vento
6437     Homeless Assistance Act of 1987, Pub. L. 100-77, as amended, who is 15 years [of age] old or
6438     older.
6439          (7) A person who in good faith consents or authorizes health care treatment or
6440     procedures for another as provided by this act may not be subject to civil liability.
6441          (8) Notwithstanding any other provision of this section, if a health care provider fails to
6442     comply with the requirement in Section 58-1-509, the health care provider is presumed to have
6443     lacked informed consent with respect to the patient examination, as defined in Section
6444     58-1-509.
6445          Section 101. Section 78B-6-112 is amended to read:
6446          78B-6-112. District court jurisdiction over termination of parental rights
6447     proceedings.
6448          (1) A district court has jurisdiction to terminate parental rights in a child if the party
6449     that filed the petition is seeking to terminate parental rights in the child for the purpose of
6450     facilitating the adoption of the child.
6451          (2) A petition to terminate parental rights under this section may be:
6452          (a) joined with a proceeding on an adoption petition; or
6453          (b) filed as a separate proceeding before or after a petition to adopt the child is filed.
6454          (3) A court may enter a final order terminating parental rights before a final decree of

6455     adoption is entered.
6456          (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
6457     proceedings to terminate parental rights as described in Section 78A-6-103.
6458          (b) This section does not grant jurisdiction to a district court to terminate parental
6459     rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
6460     neglect, dependency, or termination of parental rights proceeding.
6461          (5) The district court may terminate an individual's parental rights in a child if:
6462          (a) the individual executes a voluntary consent to adoption, or relinquishment for
6463     adoption, of the child, in accordance with:
6464          (i) the requirements of this chapter; or
6465          (ii) the laws of another state or country, if the consent is valid and irrevocable;
6466          (b) the individual is an unmarried biological father who is not entitled to consent to
6467     adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
6468          (c) the individual:
6469          (i) received notice of the adoption proceeding relating to the child under Section
6470     78B-6-110; and
6471          (ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within 30 days
6472     after the day on which the individual was served with notice of the adoption proceeding;
6473          (d) the court finds, under Section 78B-15-607, that the individual is not a parent of the
6474     child; or
6475          (e) the individual's parental rights are terminated on grounds described in [Title 78A,
6476     Chapter 6, Part 5, Termination of Parental Rights Act] Title 80, Chapter 4, Termination and
6477     Restoration of Parental Rights, and termination is in the best interests of the child.
6478          (6) The court shall appoint an indigent defense service provider in accordance with
6479     Title 78B, Chapter 22, Indigent Defense Act, to represent an individual who faces any action
6480     initiated by a private party under [Title 78A, Chapter 6, Part 5, Termination of Parental Rights
6481     Act,] Title 80, Chapter 4, Termination and Restoration of Parental Rights, or whose parental

6482     rights are subject to termination under this section.
6483          (7) If a county incurs expenses in providing indigent defense services to an indigent
6484     individual facing any action initiated by a private party under [Title 78A, Chapter 6, Part 5,
6485     Termination of Parental Rights Act,] Title 80, Chapter 4, Termination and Restoration of
6486     Parental Rights, or termination of parental rights under this section, the county may apply for
6487     reimbursement from the Utah Indigent Defense Commission in accordance with Section
6488     78B-22-406.
6489          (8) A petition filed under this section is subject to the procedural requirements of this
6490     chapter.
6491          Section 102. Section 78B-6-117 is amended to read:
6492          78B-6-117. Who may adopt -- Adoption of minor.
6493          (1) A minor child may be adopted by an adult individual, in accordance with this
6494     section and this part.
6495          (2) A child may be adopted by:
6496          (a) adults who are legally married to each other in accordance with the laws of this
6497     state, including adoption by a stepparent; or
6498          (b) subject to Subsections (3) and (4), a single adult.
6499          (3) A child may not be adopted by an individual who is cohabiting in a relationship that
6500     is not a legally valid and binding marriage under the laws of this state unless the individual is a
6501     relative of the child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C.
6502     Sec. 1901 et seq.
6503          (4) To provide a child who is in the custody of the division with the most beneficial
6504     family structure, when a child in the custody of the division is placed for adoption, the division
6505     or child-placing agency shall place the child with a married couple, unless:
6506          (a) there are no qualified married couples who:
6507          (i) have applied to adopt a child;
6508          (ii) are willing to adopt the child; and

6509          (iii) are an appropriate placement for the child;
6510          (b) the child is placed with a relative of the child;
6511          (c) the child is placed with an individual who has already developed a substantial
6512     relationship with the child;
6513          (d) the child is placed with an individual who:
6514          (i) is selected by a parent or former parent of the child, if the parent or former parent
6515     consented to the adoption of the child; and
6516          (ii) the parent or former parent described in Subsection (4)(d)(i):
6517          (A) knew the individual with whom the child is placed before the parent consented to
6518     the adoption; or
6519          (B) became aware of the individual with whom the child is placed through a source
6520     other than the division or the child-placing agency that assists with the adoption of the child; or
6521          (e) it is in the best interests of the child to place the child with a single adult.
6522          (5) Except as provided in Subsection (6), an adult may not adopt a child if, before
6523     adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest
6524     to a felony or attempted felony involving conduct that constitutes any of the following:
6525          (a) child abuse, as described in Section 76-5-109;
6526          (b) child abuse homicide, as described in Section 76-5-208;
6527          (c) child kidnapping, as described in Section 76-5-301.1;
6528          (d) human trafficking of a child, as described in Section 76-5-308.5;
6529          (e) sexual abuse of a minor, as described in Section 76-5-401.1;
6530          (f) rape of a child, as described in Section 76-5-402.1;
6531          (g) object rape of a child, as described in Section 76-5-402.3;
6532          (h) sodomy on a child, as described in Section 76-5-403.1;
6533          (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in Section
6534     76-5-404.1;
6535          (j) sexual exploitation of a minor, as described in Section 76-5b-201; or

6536          (k) an offense in another state that, if committed in this state, would constitute an
6537     offense described in this Subsection (5).
6538          (6) (a) For purpose of this Subsection (6), "disqualifying offense" means an offense
6539     listed in Subsection (5) that prevents a court from considering an individual for adoption of a
6540     child except as provided in this Subsection (6).
6541          (b) An individual described in Subsection (5) may only be considered for adoption of a
6542     child if the following criteria are met by clear and convincing evidence:
6543          (i) at least 10 years have elapsed from the day on which the individual is successfully
6544     released from prison, jail, parole, or probation related to a disqualifying offense;
6545          (ii) during the 10 years before the day on which the individual files a petition with the
6546     court seeking adoption, the individual has not been convicted, pleaded guilty, or pleaded no
6547     contest to an offense greater than an infraction or traffic violation that would likely impact the
6548     health, safety, or well-being of the child;
6549          (iii) the individual can provide evidence of successful treatment or rehabilitation
6550     directly related to the disqualifying offense;
6551          (iv) the court determines that the risk related to the disqualifying offense is unlikely to
6552     cause harm, as defined in Section [78A-6-105] 80-1-102, or potential harm to the child
6553     currently or at any time in the future when considering all of the following:
6554          (A) the child's age;
6555          (B) the child's gender;
6556          (C) the child's development;
6557          (D) the nature and seriousness of the disqualifying offense;
6558          (E) the preferences of a child 12 years [of age] old or older;
6559          (F) any available assessments, including custody evaluations, home studies,
6560     pre-placement adoptive evaluations, parenting assessments, psychological or mental health
6561     assessments, and bonding assessments; and
6562          (G) any other relevant information;

6563          (v) the individual can provide evidence of all of the following:
6564          (A) the relationship with the child is of long duration;
6565          (B) that an emotional bond exists with the child; and
6566          (C) that adoption by the individual who has committed the disqualifying offense
6567     ensures the best interests of the child are met; and
6568          (vi) the adoption is by:
6569          (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or
6570          (B) subject to Subsection (6)(d), a relative of the child as defined in Section
6571     [78A-6-307] 80-3-102 and there is not another relative without a disqualifying offense filing an
6572     adoption petition.
6573          (c) The individual with the disqualifying offense bears the burden of proof regarding
6574     why adoption with that individual is in the best interest of the child over another responsible
6575     relative or equally situated individual who does not have a disqualifying offense.
6576          (d) If there is an alternative responsible relative who does not have a disqualifying
6577     offense filing an adoption petition, the following applies:
6578          (i) preference for adoption shall be given to a relative who does not have a
6579     disqualifying offense; and
6580          (ii) before the court may grant adoption to the individual who has the disqualifying
6581     offense over another responsible, willing, and able relative:
6582          (A) an impartial custody evaluation shall be completed; and
6583          (B) a guardian ad litem shall be assigned.
6584          (7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a
6585     final decision on adoption has not been made and to a case filed on or after March 25, 2017.
6586          Section 103. Section 78B-6-121 is amended to read:
6587          78B-6-121. Consent of unmarried biological father.
6588          (1) Except as provided in Subsections (2)(a) and 78B-6-122(1), and subject to
6589     Subsections (5) and (6), with regard to a child who is placed with prospective adoptive parents

6590     more than six months after birth, consent of an unmarried biological father is not required
6591     unless the unmarried biological father:
6592          (a) (i) developed a substantial relationship with the child by:
6593          (A) visiting the child monthly, unless the unmarried biological father was physically or
6594     financially unable to visit the child on a monthly basis; or
6595          (B) engaging in regular communication with the child or with the person or authorized
6596     agency that has lawful custody of the child;
6597          (ii) took some measure of responsibility for the child and the child's future; and
6598          (iii) demonstrated a full commitment to the responsibilities of parenthood by financial
6599     support of the child of a fair and reasonable sum in accordance with the father's ability; or
6600          (b) (i) openly lived with the child:
6601          (A) (I) for a period of at least six months during the one-year period immediately
6602     preceding the day on which the child is placed with prospective adoptive parents; or
6603          (II) if the child is less than one year old, for a period of at least six months during the
6604     period of time beginning on the day on which the child is born and ending on the day on which
6605     the child is placed with prospective adoptive parents; and
6606          (B) immediately preceding placement of the child with prospective adoptive parents;
6607     and
6608          (ii) openly held himself out to be the father of the child during the six-month period
6609     described in Subsection (1)(b)(i)(A).
6610          (2) (a) If an unmarried biological father was prevented from complying with a
6611     requirement of Subsection (1) by the person or authorized agency having lawful custody of the
6612     child, the unmarried biological father is not required to comply with that requirement.
6613          (b) The subjective intent of an unmarried biological father, whether expressed or
6614     otherwise, that is unsupported by evidence that the requirements in Subsection (1) have been
6615     met, shall not preclude a determination that the father failed to meet the requirements of
6616     Subsection (1).

6617          (3) Except as provided in Subsections (6) and 78B-6-122(1), and subject to Subsection
6618     (5), with regard to a child who is six months [of age] old or less at the time the child is placed
6619     with prospective adoptive parents, consent of an unmarried biological father is not required
6620     unless, prior to the time the mother executes her consent for adoption or relinquishes the child
6621     for adoption, the unmarried biological father:
6622          (a) initiates proceedings in a district court of Utah to establish paternity under Title
6623     78B, Chapter 15, Utah Uniform Parentage Act;
6624          (b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
6625          (i) stating that he is fully able and willing to have full custody of the child;
6626          (ii) setting forth his plans for care of the child; and
6627          (iii) agreeing to a court order of child support and the payment of expenses incurred in
6628     connection with the mother's pregnancy and the child's birth;
6629          (c) consistent with Subsection (4), files notice of the commencement of paternity
6630     proceedings, described in Subsection (3)(a), with the state registrar of vital statistics within the
6631     Department of Health, in a confidential registry established by the department for that purpose;
6632     and
6633          (d) offered to pay and paid, during the pregnancy and after the child's birth, a fair and
6634     reasonable amount of the expenses incurred in connection with the mother's pregnancy and the
6635     child's birth, in accordance with his financial ability, unless:
6636          (i) he did not have actual knowledge of the pregnancy;
6637          (ii) he was prevented from paying the expenses by the person or authorized agency
6638     having lawful custody of the child; or
6639          (iii) the mother refused to accept the unmarried biological father's offer to pay the
6640     expenses described in this Subsection (3)(d).
6641          (4) (a) The notice described in Subsection (3)(c) is considered filed when received by
6642     the state registrar of vital statistics.
6643          (b) If the unmarried biological father fully complies with the requirements of

6644     Subsection (3), and an adoption of the child is not completed, the unmarried biological father
6645     shall, without any order of the court, be legally obligated for a reasonable amount of child
6646     support, pregnancy expenses, and child birth expenses, in accordance with his financial ability.
6647          (5) Unless his ability to assert the right to consent has been lost for failure to comply
6648     with Section 78B-6-110.1, or lost under another provision of Utah law, an unmarried biological
6649     father shall have at least one business day after the child's birth to fully and strictly comply with
6650     the requirements of Subsection (3).
6651          (6) Consent of an unmarried biological father is not required under this section if:
6652          (a) the court determines, in accordance with the requirements and procedures of [Title
6653     78A, Chapter 6, Part 5, Termination of Parental Rights Act,] Title 80, Chapter 4, Termination
6654     and Restoration of Parental Rights, that the unmarried biological father's rights should be
6655     terminated, based on the petition of any interested party;
6656          (b) (i) a declaration of paternity declaring the unmarried biological father to be the
6657     father of the child is rescinded under Section 78B-15-306; and
6658          (ii) the unmarried biological father fails to comply with Subsection (3) within 10
6659     business days after the day that notice of the rescission described in Subsection (6)(b)(i) is
6660     mailed by the Office of Vital Records within the Department of Health as provided in Section
6661     78B-15-306; or
6662          (c) the unmarried biological father is notified under Section 78B-6-110.1 and fails to
6663     preserve his rights in accordance with the requirements of that section.
6664          (7) Unless the adoptee is conceived or born within a marriage, the petitioner in an
6665     adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a
6666     certificate from the state registrar of vital statistics within the Department of Health, stating:
6667          (a) that a diligent search has been made of the registry of notices from unmarried
6668     biological fathers described in Subsection (3)(d); and
6669          (b) (i) that no filing has been found pertaining to the father of the child in question; or
6670          (ii) if a filing is found, the name of the putative father and the time and date of filing.

6671          Section 104. Section 78B-6-131 is amended to read:
6672          78B-6-131. Child in custody of state -- Placement.
6673          (1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as provided in
6674     Subsection (2), a child who is in the legal custody of the state may not be placed with a
6675     prospective foster parent or a prospective adoptive parent, unless, before the child is placed
6676     with the prospective foster parent or the prospective adoptive parent:
6677          (a) a fingerprint based FBI national criminal history records check is conducted on the
6678     prospective foster parent, prospective adoptive parent, and any other adult residing in the
6679     household;
6680          (b) the Department of Human Services conducts a check of the child abuse and neglect
6681     registry in each state where the prospective foster parent or prospective adoptive parent resided
6682     in the five years immediately preceding the day on which the prospective foster parent or
6683     prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
6684     whether the prospective foster parent or prospective adoptive parent is listed in the registry as
6685     having a substantiated or supported finding of child abuse or neglect;
6686          (c) the Department of Human Services conducts a check of the child abuse and neglect
6687     registry of each state where each adult living in the home of the prospective foster parent or
6688     prospective adoptive parent described in Subsection (1)(b) resided in the five years
6689     immediately preceding the day on which the prospective foster parent or prospective adoptive
6690     parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
6691     in the registry as having a substantiated or supported finding of child abuse or neglect; and
6692          (d) each person required to undergo a background check described in this section
6693     passes the background check, pursuant to the provisions of Section 62A-2-120.
6694          (2) The requirements under Subsection (1) do not apply to the extent that:
6695          (a) federal law or rule permits otherwise; or
6696          (b) the requirements would prohibit the division or a court from placing a child with:
6697          (i) a noncustodial parent, under Section 62A-4a-209, [78A-6-307, or 78A-6-307.5]

6698     80-3-302, or 80-3-303; or
6699          (ii) a relative, under Section 62A-4a-209, [78A-6-307, or 78A-6-307.5] 80-3-302, or
6700     80-3-303, pending completion of the background check described in Subsection (1).
6701          Section 105. Section 78B-6-133 is amended to read:
6702          78B-6-133. Contested adoptions -- Rights of parties -- Determination of custody.
6703          (1) If a person whose consent for an adoption is required pursuant to Subsection
6704     78B-6-120(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether
6705     proper grounds exist for the termination of that person's rights pursuant to the provisions of this
6706     chapter or [Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act] Title 80, Chapter
6707     4, Termination and Restoration of Parental Rights.
6708          (2) (a) If there are proper grounds to terminate the person's parental rights, the court
6709     shall order that the person's rights be terminated.
6710          (b) If there are not proper grounds to terminate the person's parental rights, the court
6711     shall:
6712          (i) dismiss the adoption petition;
6713          (ii) conduct an evidentiary hearing to determine who should have custody of the child;
6714     and
6715          (iii) award custody of the child in accordance with the child's best interest.
6716          (c) Termination of a person's parental rights does not terminate the right of a relative of
6717     the parent to seek adoption of the child.
6718          (3) Evidence considered at the custody hearing may include:
6719          (a) evidence of psychological or emotional bonds that the child has formed with a third
6720     person, including the prospective adoptive parent; and
6721          (b) any detriment that a change in custody may cause the child.
6722          (4) If the court dismisses the adoption petition, the fact that a person relinquished a
6723     child for adoption or consented to the adoption may not be considered as evidence in a custody
6724     proceeding described in this section, or in any subsequent custody proceeding, that it is not in

6725     the child's best interest for custody to be awarded to such person or that:
6726          (a) the person is unfit or incompetent to be a parent;
6727          (b) the person has neglected or abandoned the child;
6728          (c) the person is not interested in having custody of the child; or
6729          (d) the person has forfeited the person's parental presumption.
6730          (5) Any custody order entered pursuant to this section may also:
6731          (a) include provisions for:
6732          (i) parent-time; or
6733          (ii) visitation by an interested third party; and
6734          (b) provide for the financial support of the child.
6735          (6) (a) If a person or entity whose consent is required for an adoption under Subsection
6736     78B-6-120(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing
6737     and award custody as set forth in Subsection (2).
6738          (b) The court may also finalize the adoption if doing so is in the best interest of the
6739     child.
6740          (7) (a) A person may not contest an adoption after the final decree of adoption is
6741     entered, if that person:
6742          (i) was a party to the adoption proceeding;
6743          (ii) was served with notice of the adoption proceeding; or
6744          (iii) executed a consent to the adoption or relinquishment for adoption.
6745          (b) No person may contest an adoption after one year from the day on which the final
6746     decree of adoption is entered.
6747          (c) The limitations on contesting an adoption action, described in this Subsection (7),
6748     apply to all attempts to contest an adoption:
6749          (i) regardless of whether the adoption is contested directly or collaterally; and
6750          (ii) regardless of the basis for contesting the adoption, including claims of fraud,
6751     duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of

6752     jurisdiction.
6753          (d) The limitations on contesting an adoption action, described in this Subsection (7),
6754     do not prohibit a timely appeal of:
6755          (i) a final decree of adoption; or
6756          (ii) a decision in an action challenging an adoption, if the action was brought within the
6757     time limitations described in Subsections (7)(a) and (b).
6758          (8) A court that has jurisdiction over a child for whom more than one petition for
6759     adoption is filed shall grant a hearing only under the following circumstances:
6760          (a) to a petitioner:
6761          (i) with whom the child is placed;
6762          (ii) who has custody or guardianship of the child;
6763          (iii) who has filed a written statement with the court within 120 days after the day on
6764     which the shelter hearing is held:
6765          (A) requesting immediate placement of the child with the petitioner; and
6766          (B) expressing the petitioner's intention of adopting the child;
6767          (iv) who is a relative with whom the child has a significant and substantial relationship
6768     and who was unaware, within the first 120 days after the day on which the shelter hearing is
6769     held, of the child's removal from the child's parent; or
6770          (v) who is a relative with whom the child has a significant and substantial relationship
6771     and, in a case where the child is not placed with a relative or is placed with a relative that is
6772     unable or unwilling to adopt the child:
6773          (A) was actively involved in the child's child welfare case with the division or the
6774     juvenile court while the child's parent engaged in reunification services; and
6775          (B) filed a written statement with the court that includes the information described in
6776     Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated
6777     reunification services; or
6778          (b) if the child:

6779          (i) has been in the current placement for less than 180 days before the day on which the
6780     petitioner files the petition for adoption; or
6781          (ii) is placed with, or is in the custody or guardianship of, an individual who previously
6782     informed the division or the court that the individual is unwilling or unable to adopt the child.
6783          (9) (a) If the court grants a hearing on more than one petition for adoption, there is a
6784     rebuttable presumption that it is in the best interest of a child to be placed for adoption with a
6785     petitioner:
6786          (i) who has fulfilled the requirements described in Title 78B, Chapter 6, Part 1, Utah
6787     Adoption Act; and
6788          (ii) (A) with whom the child has continuously resided for six months;
6789          (B) who has filed a written statement with the court within 120 days after the day on
6790     which the shelter hearing is held, as described in Subsection (8)(a)(iii); or
6791          (C) who is a relative described in Subsection (8)(a)(iv).
6792          (b) The court may consider other factors relevant to the best interest of the child to
6793     determine whether the presumption is rebutted.
6794          (c) The court shall weigh the best interest of the child uniformly between petitioners if
6795     more than one petitioner satisfies a rebuttable presumption condition described in Subsection
6796     (9)(a).
6797          (10) Nothing in this section shall be construed to prevent the division or the child's
6798     guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
6799          (11) The division shall use best efforts to provide a known relative with timely
6800     information relating to the relative's rights or duties under this section.
6801          Section 106. Section 78B-6-138 is amended to read:
6802          78B-6-138. Pre-existing parent's rights and duties dissolved.
6803          (1) A pre-existing parent of an adopted child is released from all parental rights and
6804     duties toward and all responsibilities for the adopted child, including residual parental rights
6805     and duties, as defined in Section [78A-6-105] 80-1-102, and has no further parental rights or

6806     duties with regard to that adopted child at the earlier of:
6807          (a) the time the pre-existing parent's parental rights are terminated; or
6808          (b) except as provided in Subsection (2), and subject to Subsections (3) and (4), the
6809     time the final decree of adoption is entered.
6810          (2) The parental rights and duties of a pre-existing parent who, at the time the child is
6811     adopted, is lawfully married to the person adopting the child are not released under Subsection
6812     (1)(b).
6813          (3) The parental rights and duties of a pre-existing parent who, at the time the child is
6814     adopted, is not lawfully married to the person adopting the child are released under Subsection
6815     (1)(b).
6816          (4) (a) Notwithstanding the provisions of this section, the court may allow a
6817     prospective adoptive parent to adopt a child without releasing the pre-existing parent from
6818     parental rights and duties under Subsection (1)(b), if:
6819          (i) the pre-existing parent and the prospective adoptive parent were lawfully married at
6820     some time during the child's life;
6821          (ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the
6822     child, or is unable to consent because the pre-existing parent is deceased or incapacitated;
6823          (iii) notice of the adoption proceeding is provided in accordance with Section
6824     78B-6-110;
6825          (iv) consent to the adoption is provided in accordance with Section 78B-6-120; and
6826          (v) the court finds that it is in the best interest of the child to grant the adoption without
6827     releasing the pre-existing parent from parental rights and duties.
6828          (b) This Subsection (4) does not permit a child to have more than two natural parents,
6829     as that term is defined in Section [78A-6-105] 80-1-102.
6830          (5) This section may not be construed as terminating any child support obligation of a
6831     parent incurred before the adoption.
6832          Section 107. Section 78B-6-141 (Superseded 11/01/21) is amended to read:

6833          78B-6-141 (Superseded 11/01/21). Court hearings may be closed -- Petition and
6834     documents sealed -- Exceptions.
6835          (1) Notwithstanding Section [78A-6-114] 80-4-106, court hearings in adoption cases
6836     may be closed to the public upon request of a party to the adoption petition and upon court
6837     approval. In a closed hearing, only the following individuals may be admitted:
6838          (a) a party to the proceeding;
6839          (b) the adoptee;
6840          (c) a representative of an agency having custody of the adoptee;
6841          (d) in a hearing to relinquish parental rights, the individual whose rights are to be
6842     relinquished and invitees of that individual to provide emotional support;
6843          (e) in a hearing on the termination of parental rights, the individual whose rights may
6844     be terminated;
6845          (f) in a hearing on a petition to intervene, the proposed intervenor;
6846          (g) in a hearing to finalize an adoption, invitees of the petitioner; and
6847          (h) other individuals for good cause, upon order of the court.
6848          (2) An adoption document and any other documents filed in connection with a petition
6849     for adoption are sealed.
6850          (3) The documents described in Subsection (2) may only be open to inspection and
6851     copying:
6852          (a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
6853          (i) while the proceeding is pending; or
6854          (ii) within six months after the day on which the adoption decree is entered;
6855          (b) subject to Subsection (5)(b), if a court enters an order permitting access to the
6856     documents by an individual who has appealed the denial of that individual's motion to
6857     intervene;
6858          (c) upon order of the court expressly permitting inspection or copying, after good cause
6859     has been shown;

6860          (d) as provided under Section 78B-6-144;
6861          (e) when the adoption document becomes public on the one hundredth anniversary of
6862     the date the final decree of adoption was entered;
6863          (f) when the birth certificate becomes public on the one hundredth anniversary of the
6864     date of birth;
6865          (g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
6866     order, unless the final decree of adoption is entered by the juvenile court under Subsection
6867     78B-6-115(3)(b); or
6868          (h) to an adult adoptee, to the extent permitted under Subsection (4).
6869          (4) (a) For an adoption finalized on or after January 1, 2016, a birth parent may elect,
6870     on a written consent form provided by the office, to permit identifying information about the
6871     birth parent to be made available for inspection by an adult adoptee.
6872          (b) A birth parent may, at any time, file a written document with the office to:
6873          (i) change the election described in Subsection (4)(a); or
6874          (ii) elect to make other information about the birth parent, including an updated
6875     medical history, available for inspection by an adult adoptee.
6876          (c) A birth parent may not access any identifying information or an adoption document
6877     under this Subsection (4).
6878          (5) (a) An individual who files a motion to intervene in an adoption proceeding:
6879          (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
6880     and
6881          (ii) may not be granted access to the documents described in Subsection (2), unless the
6882     motion to intervene is granted.
6883          (b) An order described in Subsection (3)(b) shall:
6884          (i) prohibit the individual described in Subsection (3)(b) from inspecting a document
6885     described in Subsection (2) that contains identifying information of the adoptive or prospective
6886     adoptive parent; and

6887          (ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a
6888     document described in Subsection (5)(b)(i) after the identifying information described in
6889     Subsection (5)(b)(i) is redacted from the document.
6890          Section 108. Section 78B-6-141 (Effective 11/01/21) is amended to read:
6891          78B-6-141 (Effective 11/01/21). Court hearings may be closed -- Petition and
6892     documents sealed -- Exceptions.
6893          (1) (a) Notwithstanding Section [78A-6-114] 80-4-106, court hearings in adoption
6894     cases may be closed to the public upon request of a party to the adoption petition and upon
6895     court approval.
6896          (b) In a closed hearing, only the following individuals may be admitted:
6897          (i) a party to the proceeding;
6898          (ii) the adoptee;
6899          (iii) a representative of an agency having custody of the adoptee;
6900          (iv) in a hearing to relinquish parental rights, the individual whose rights are to be
6901     relinquished and invitees of that individual to provide emotional support;
6902          (v) in a hearing on the termination of parental rights, the individual whose rights may
6903     be terminated;
6904          (vi) in a hearing on a petition to intervene, the proposed intervenor;
6905          (vii) in a hearing to finalize an adoption, invitees of the petitioner; and
6906          (viii) other individuals for good cause, upon order of the court.
6907          (2) An adoption document and any other documents filed in connection with a petition
6908     for adoption are sealed.
6909          (3) The documents described in Subsection (2) may only be open to inspection and
6910     copying:
6911          (a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
6912          (i) while the proceeding is pending; or
6913          (ii) within six months after the day on which the adoption decree is entered;

6914          (b) subject to Subsection (5)(b), if a court enters an order permitting access to the
6915     documents by an individual who has appealed the denial of that individual's motion to
6916     intervene;
6917          (c) upon order of the court expressly permitting inspection or copying, after good cause
6918     has been shown;
6919          (d) as provided under Section 78B-6-144;
6920          (e) when the adoption document becomes public on the one hundredth anniversary of
6921     the date the final decree of adoption was entered;
6922          (f) when the birth certificate becomes public on the one hundredth anniversary of the
6923     date of birth;
6924          (g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
6925     order, unless the final decree of adoption is entered by the juvenile court under Subsection
6926     78B-6-115(3)(b); or
6927          (h) to an adult adoptee, to the extent permitted under Subsection (4).
6928          (4) (a) An adult adoptee that was born in the state may access an adoption document
6929     associated with the adult adoptee's adoption without a court order:
6930          (i) to the extent that a birth parent consents under Subsection (4)(b); or
6931          (ii) if the birth parents listed on the original birth certificate are deceased.
6932          (b) A birth parent may:
6933          (i) provide consent to allow the access described in Subsection (4)(a) by electing,
6934     electronically or on a written form provided by the office, allowing the birth parent to elect to:
6935          (A) allow the office to provide the adult adoptee with the contact information of the
6936     birth parent that the birth parent indicates;
6937          (B) allow the office to provide the adult adoptee with the contact information of an
6938     intermediary that the birth parent indicates;
6939          (C) prohibit the office from providing any contact information to the adult adoptee;
6940          (D) allow the office to provide the adult adoptee with a noncertified copy of the

6941     original birth certificate; and
6942          (ii) at any time, file, electronically or on a written document with the office, to:
6943          (A) change the election described in Subsection (4)(b); or
6944          (B) elect to make other information about the birth parent, including an updated
6945     medical history, available for inspection by an adult adoptee.
6946          (c) A birth parent may not access any identifying information or an adoption document
6947     under this Subsection (4).
6948          (d) If two birth parents are listed on the original birth certificate and only one birth
6949     parent consents under Subsection (4)(b) or is deceased, the office may redact the name of the
6950     other birth parent.
6951          (5) (a) An individual who files a motion to intervene in an adoption proceeding:
6952          (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
6953     and
6954          (ii) may not be granted access to the documents described in Subsection (2), unless the
6955     motion to intervene is granted.
6956          (b) An order described in Subsection (3)(b) shall:
6957          (i) prohibit the individual described in Subsection (3)(b) from inspecting a document
6958     described in Subsection (2) that contains identifying information of the adoptive or prospective
6959     adoptive parent; and
6960          (ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a
6961     document described in Subsection (5)(b)(i) after the identifying information described in
6962     Subsection (5)(b)(i) is redacted from the document.
6963          Section 109. Section 78B-6-203 is amended to read:
6964          78B-6-203. Purpose and findings.
6965          (1) The purpose of this part is to offer an alternative or supplement to the formal
6966     processes associated with a court trial and to promote the efficient and effective operation of
6967     the courts of this state by authorizing and encouraging the use of alternative methods of dispute

6968     resolution to secure the just, speedy, and inexpensive determination of civil actions filed in the
6969     courts of this state.
6970          (2) The Legislature finds that:
6971          (a) the use of alternative methods of dispute resolution authorized by this part will
6972     secure the purposes of Article I, Section 11, Utah Constitution, by providing supplemental or
6973     complementary means for the just, speedy, and inexpensive resolution of disputes;
6974          (b) preservation of the confidentiality of ADR procedures will significantly aid the
6975     successful resolution of civil actions in a just, speedy, and inexpensive manner;
6976          (c) ADR procedures will reduce the need for judicial resources and the time and
6977     expense of the parties;
6978          (d) mediation has, in pilot programs, resulted in the just and equitable settlement of
6979     petitions for the protection of children under Section [78A-6-304] 80-3-201 and petitions for
6980     the terminations of parental rights under Section [78A-6-505] 80-4-201; and
6981          (e) the purpose of this part will be promoted by authorizing the Judicial Council to
6982     establish rules to promote the use of ADR procedures by the courts of this state as an
6983     alternative or supplement to court trial.
6984          Section 110. Section 78B-6-207 is amended to read:
6985          78B-6-207. Minimum procedures for mediation.
6986          (1) A judge or court commissioner may refer to mediation any case for which the
6987     Judicial Council and Supreme Court have established a program or procedures. A party may
6988     file with the court an objection to the referral which may be granted for good cause.
6989          (2) (a) Unless all parties and the neutral or neutrals agree only parties, their
6990     representatives, and the neutral may attend the mediation sessions.
6991          (b) If the mediation session is [pursuant to] in accordance with a referral under
6992     [Subsection 78A-6-108(9)] Section 80-3-206 or 80-4-206, the ADR provider or ADR
6993     organization shall notify all parties to the proceeding and any person designated by a party.
6994     The ADR provider may notify any person whose rights may be affected by the mediated

6995     agreement or who may be able to contribute to the agreement. A party may request notice be
6996     provided to a person who is not a party.
6997          (3) (a) Except as provided in Subsection (3)(b), any settlement agreement between the
6998     parties as a result of mediation may be executed in writing, filed with the clerk of the court, and
6999     enforceable as a judgment of the court. If the parties stipulate to dismiss the action, any
7000     agreement to dismiss shall not be filed with the court.
7001          (b) With regard to mediation affecting any petition filed under Section [78A-6-304 or
7002     78A-6-505] 80-3-201 or 80-4-201:
7003          (i) all settlement agreements and stipulations of the parties shall be filed with the court;
7004          (ii) all timelines, requirements, and procedures described in [Title 78A, Chapter 6, Part
7005     3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights
7006     Act,] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4,
7007     Termination and Restoration of Parental Rights, and in Title 62A, Chapter 4a, Child and
7008     Family Services, shall be complied with; and
7009          (iii) the parties to the mediation may not agree to a result that could not have been
7010     ordered by the court in accordance with the procedures and requirements of [Title 78A, Chapter
7011     6, Part 3, Abuse, Neglect, and Dependency Proceedings and Part 5, Termination of Parental
7012     Rights Act,] Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4,
7013     Termination and Restoration of Parental Rights, and Title 62A, Chapter 4a, Child and Family
7014     Services.
7015          Section 111. Section 78B-7-102 is amended to read:
7016          78B-7-102. Definitions.
7017          As used in this chapter:
7018          (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
7019     knowingly causing or attempting to cause another individual physical harm or intentionally or
7020     knowingly placing another individual in reasonable fear of imminent physical harm.
7021          (2) "Affinity" means the same as that term is defined in Section 76-1-601.

7022          (3) "Civil protective order" means an order issued, subsequent to a hearing on the
7023     petition, of which the petitioner and respondent have been given notice, under:
7024          (a) Part 2, Child Protective Orders;
7025          (b) Part 4, Dating Violence Protective Orders;
7026          (c) Part 5, Sexual Violence Protective Orders; or
7027          (d) Part 6, Cohabitant Abuse Protective Orders.
7028          (4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
7029     Stalking Injunctions.
7030          (5) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
7031     individual who is 16 years [of age] old or older who:
7032          (i) is or was a spouse of the other party;
7033          (ii) is or was living as if a spouse of the other party;
7034          (iii) is related by blood or marriage to the other party as the individual's parent,
7035     grandparent, sibling, or any other individual related to the individual by consanguinity or
7036     affinity to the second degree;
7037          (iv) has or had one or more children in common with the other party;
7038          (v) is the biological parent of the other party's unborn child;
7039          (vi) resides or has resided in the same residence as the other party; or
7040          (vii) is or was in a consensual sexual relationship with the other party.
7041          (b) "Cohabitant" does not include:
7042          (i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
7043          (ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
7044     years [of age] old.
7045          (6) "Consanguinity" means the same as that term is defined in Section 76-1-601.
7046          (7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
7047     Orders.
7048          (8) "Criminal stalking injunction" means a stalking injunction issued under Part 9,

7049     Criminal Stalking Injunctions.
7050          (9) "Court clerk" means a district court clerk.
7051          (10) (a) "Dating partner" means an individual who:
7052          (i) (A) is an emancipated individual under Section 15-2-1 or [Title 78A, Chapter 6,
7053     Part 8, Emancipation] Title 80, Chapter 7, Emancipation; or
7054          (B) is 18 years [of age] old or older; and
7055          (ii) is, or has been, in a dating relationship with the other party.
7056          (b) "Dating partner" does not include an intimate partner.
7057          (11) (a) "Dating relationship" means a social relationship of a romantic or intimate
7058     nature, or a relationship which has romance or intimacy as a goal by one or both parties,
7059     regardless of whether the relationship involves sexual intimacy.
7060          (b) "Dating relationship" does not include casual fraternization in a business,
7061     educational, or social context.
7062          (c) In determining, based on a totality of the circumstances, whether a dating
7063     relationship exists:
7064          (i) all relevant factors shall be considered, including:
7065          (A) whether the parties developed interpersonal bonding above a mere casual
7066     fraternization;
7067          (B) the length of the parties' relationship;
7068          (C) the nature and the frequency of the parties' interactions, including communications
7069     indicating that the parties intended to begin a dating relationship;
7070          (D) the ongoing expectations of the parties, individual or jointly, with respect to the
7071     relationship;
7072          (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
7073     relationship to others; and
7074          (F) whether other reasons exist that support or detract from a finding that a dating
7075     relationship exists; and

7076          (ii) it is not necessary that all, or a particular number, of the factors described in
7077     Subsection (11)(c)(i) are found to support the existence of a dating relationship.
7078          (12) "Domestic violence" means the same as that term is defined in Section 77-36-1.
7079          (13) "Ex parte civil protective order" means an order issued without notice to the
7080     respondent under:
7081          (a) Part 2, Child Protective Orders;
7082          (b) Part 4, Dating Violence Protective Orders;
7083          (c) Part 5, Sexual Violence Protective Orders; or
7084          (d) Part 6, Cohabitant Abuse Protective Orders.
7085          (14) "Ex parte civil stalking injunction" means a stalking injunction issued without
7086     notice to the respondent under Part 7, Civil Stalking Injunctions.
7087          (15) "Foreign protection order" means the same as that term is defined in Section
7088     78B-7-302.
7089          (16) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
7090          (17) "Law enforcement unit" or "law enforcement agency" means any public agency
7091     having general police power and charged with making arrests in connection with enforcement
7092     of the criminal statutes and ordinances of this state or any political subdivision.
7093          (18) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
7094     Officer Classifications.
7095          (19) "Qualifying domestic violence offense" means the same as that term is defined in
7096     Section 77-36-1.1.
7097          (20) "Respondent" means the individual against whom enforcement of a protective
7098     order is sought.
7099          (21) "Stalking" means the same as that term is defined in Section 76-5-106.5.
7100          Section 112. Section 78B-7-108 is amended to read:
7101          78B-7-108. Mutual protective orders.
7102          (1) A court may not grant a mutual order or mutual orders for protection to opposing

7103     parties, unless each party:
7104          (a) files an independent petition against the other for a protective order, and both
7105     petitions are served;
7106          (b) makes a showing at a due process protective order hearing of abuse or domestic
7107     violence committed by the other party; and
7108          (c) demonstrates the abuse or domestic violence did not occur in self-defense.
7109          (2) If the court issues mutual protective orders, the court shall include specific findings
7110     of all elements of Subsection (1) in the court order justifying the entry of the court order.
7111          (3) A court may not grant an order for protection to a civil petitioner who is the
7112     respondent or defendant subject to a protective order, child protective order, or ex parte child
7113     protective order:
7114          (a) issued under:
7115          (i) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
7116     Enforcement of Domestic Violence Protection Orders Act;
7117          (ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
7118          (iii) [Title 78A, Chapter 6, Juvenile Court Act] Title 80, Utah Juvenile Code; or
7119          (iv) Chapter 7, Part 1, Cohabitant Abuse Act; and
7120          (b) unless the court determines that the requirements of Subsection (1) are met, and:
7121          (i) the same court issued the order for protection against the respondent; or
7122          (ii) if the matter is before a subsequent court, the subsequent court:
7123          (A) determines it would be impractical for the original court to consider the matter; or
7124          (B) confers with the court that issued the order for protection.
7125          Section 113. Section 78B-7-201 is amended to read:
7126          78B-7-201. Definitions.
7127          As used in this chapter:
7128          (1) "Abuse" means:
7129          (a) physical abuse;

7130          (b) sexual abuse;
7131          (c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or
7132          (d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.
7133          (2) "Child protective order" means an order issued under this part after a hearing on the
7134     petition, of which the petitioner and respondent have been given notice.
7135          (3) "Court" means the district court or juvenile court.
7136          (4) "Ex parte child protective order" means an order issued without notice to the
7137     respondent under this part.
7138          (5) "Protective order" means:
7139          (a) a child protective order; or
7140          (b) an ex parte child protective order.
7141          (6) All other terms have the same meaning as defined in Section [78A-6-105]
7142     80-1-102.
7143          Section 114. Section 78B-7-202 is amended to read:
7144          78B-7-202. Abuse or danger of abuse -- Child protective orders -- Ex parte child
7145     protective orders -- Guardian ad litem -- Referral to division.
7146          (1) (a) Any interested person may file a petition for a protective order:
7147          (i) on behalf of a child who is being abused or is in imminent danger of being abused
7148     by any individual; or
7149          (ii) on behalf of a child who has been abused by an individual who is not the child's
7150     parent, stepparent, guardian, or custodian.
7151          (b) Before filing a petition under Subsection (1)(a), the interested person shall make a
7152     referral to the division.
7153          (2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:
7154          (a) review the records of the juvenile court, the district court, and the management
7155     information system of the division to find any petitions, orders, or investigations related to the
7156     child or the parties to the case;

7157          (b) request the records of any law enforcement agency identified by the petitioner as
7158     having investigated abuse of the child; and
7159          (c) identify and obtain any other background information that may be of assistance to
7160     the court.
7161          (3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i)
7162     that the child is being abused or is in imminent danger of being abused, or it appears from a
7163     petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused,
7164     the court may:
7165          (a) without notice, immediately issue an ex parte child protective order against the
7166     respondent if necessary to protect the child; or
7167          (b) upon notice to the respondent, issue a child protective order after a hearing in
7168     accordance with Subsection 78B-7-203(5).
7169          (4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and
7170     [78A-6-902] 78A-2-803.
7171          (5) This section does not prohibit a protective order from being issued against a
7172     respondent who is a child.
7173          Section 115. Section 78B-7-203 is amended to read:
7174          78B-7-203. Hearings.
7175          (1) If an ex parte child protective order is granted, the court shall schedule a hearing to
7176     be held within 20 days after the day on which the court makes the ex parte determination. If an
7177     ex parte child protective order is denied, the court, upon the request of the petitioner made
7178     within five days after the day on which the court makes the ex parte determination, shall
7179     schedule a hearing to be held within 20 days after the day on which the petitioner makes the
7180     request.
7181          (2) The petition, ex parte child protective order, and notice of hearing shall be served
7182     on the respondent, the child's parent or guardian, and, if appointed, the guardian ad litem. The
7183     notice shall contain:

7184          (a) the name and address of the individual to whom the notice is directed;
7185          (b) the date, time, and place of the hearing;
7186          (c) the name of the child on whose behalf a petition is being brought; and
7187          (d) a statement that an individual is entitled to have an attorney present at the hearing.
7188          (3) The court shall provide an opportunity for any person having relevant knowledge to
7189     present evidence or information and may hear statements by counsel.
7190          (4) An agent of the division served with a subpoena in compliance with the Utah Rules
7191     of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
7192          (5) The court shall issue a child protective order if the court determines, based on a
7193     preponderance of the evidence, that:
7194          (a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i),
7195     the child is being abused or is in imminent danger of being abused; or
7196          (b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the
7197     child has been abused and the child protective order is necessary to protect the child.
7198          (6) With the exception of the provisions of Section [78A-6-323] 80-3-404, a child
7199     protective order is not an adjudication of abuse, neglect, or dependency under [Title 78A,
7200     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings] Title 80, Chapter 3, Abuse,
7201     Neglect, and Dependency Proceedings.
7202          Section 116. Section 78B-7-204 is amended to read:
7203          78B-7-204. Content of orders -- Modification of orders -- Penalties.
7204          (1) A child protective order or an ex parte child protective order may contain the
7205     following provisions the violation of which is a class A misdemeanor under Section 76-5-108:
7206          (a) enjoin the respondent from threatening to commit or committing abuse of the child;
7207          (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
7208     communicating with the child, directly or indirectly;
7209          (c) prohibit the respondent from entering or remaining upon the residence, school, or
7210     place of employment of the child and the premises of any of these or any specified place

7211     frequented by the child;
7212          (d) upon finding that the respondent's use or possession of a weapon may pose a
7213     serious threat of harm to the child, prohibit the respondent from purchasing, using, or
7214     possessing a firearm or other specified weapon; and
7215          (e) determine ownership and possession of personal property and direct the appropriate
7216     law enforcement officer to attend and supervise the petitioner's or respondent's removal of
7217     personal property.
7218          (2) A child protective order or an ex parte child protective order may contain the
7219     following provisions the violation of which is contempt of court:
7220          (a) determine temporary custody of the child who is the subject of the petition;
7221          (b) determine parent-time with the child who is the subject of the petition, including
7222     denial of parent-time if necessary to protect the safety of the child, and require supervision of
7223     parent-time by a third party;
7224          (c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
7225     Act; and
7226          (d) order any further relief the court considers necessary to provide for the safety and
7227     welfare of the child.
7228          (3) (a) If the child who is the subject of the child protective order attends the same
7229     school or place of worship as the respondent, or is employed at the same place of employment
7230     as the respondent, the court:
7231          (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
7232     the respondent's school, place of worship, or place of employment; and
7233          (ii) may enter an order governing the respondent's conduct at the respondent's school,
7234     place of worship, or place of employment.
7235          (b) A violation of an order under Subsection (3)(a) is contempt of court.
7236          (4) (a) A respondent may petition the court to modify or vacate a child protective order
7237     after notice and a hearing.

7238          (b) At the hearing described in Subsection (4)(a):
7239          (i) the respondent shall have the burden of proving by clear and convincing evidence
7240     that modification or vacation of the child protective order is in the best interest of the child; and
7241          (ii) the court shall consider:
7242          (A) the nature and duration of the abuse;
7243          (B) the pain and trauma inflicted on the child as a result of the abuse;
7244          (C) if the respondent is a parent of the child, any reunification services provided in
7245     accordance with [Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings]
7246     Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; and
7247          (D) any other evidence the court finds relevant to the determination of the child's best
7248     interests, including recommendations by the other parent or a guardian of the child, or a mental
7249     health professional.
7250          (c) The child is not required to attend the hearing described in Subsection (4)(a).
7251          Section 117. Section 78B-7-409 is amended to read:
7252          78B-7-409. Mutual dating violence protective orders.
7253          (1) A court may not grant a mutual order or mutual dating violence protective orders to
7254     opposing parties, unless each party:
7255          (a) files an independent petition against the other for a dating violence protective order,
7256     and both petitions are served;
7257          (b) makes a showing at a due process dating violence protective order hearing of abuse
7258     or dating violence committed by the other party; and
7259          (c) demonstrates the abuse or dating violence did not occur in self-defense.
7260          (2) If the court issues mutual dating violence protective orders, the court shall include
7261     specific findings of all elements of Subsection (1) in the court order justifying the entry of the
7262     court order.
7263          (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
7264     to a civil petitioner who is the respondent or defendant subject to:

7265          (i) a civil protective order that is issued under:
7266          (A) this part;
7267          (B) Part 2, Child Protective Orders;
7268          (C) Part 6, Cohabitant Abuse Protective Orders;
7269          (D) Part 8, Criminal Protective Orders; or
7270          (E) [Title 78A, Chapter 6, Juvenile Court Act] Title 80, Utah Juvenile Code;
7271          (ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
7272          (iii) a foreign protection order enforceable under Part 3, Uniform Interstate
7273     Enforcement of Domestic Violence Protection Orders Act.
7274          (b) The court may issue a protective order to a civil petitioner described in Subsection
7275     (3)(a) if:
7276          (i) the court determines that the requirements of Subsection (1) are met; and
7277          (ii) (A) the same court issued the protective order against the respondent; or
7278          (B) the subsequent court determines it would be impractical for the original court to
7279     consider the matter or confers with the court that issued the protective order described in
7280     Subsection (3)(a)(i) or (ii).
7281          Section 118. Section 78B-7-603 is amended to read:
7282          78B-7-603. Cohabitant abuse protective orders -- Ex parte cohabitant abuse
7283     protective orders -- Modification of orders -- Service of process -- Duties of the court.
7284          (1) If it appears from a petition for a protective order or a petition to modify a
7285     protective order that domestic violence or abuse has occurred, that there is a substantial
7286     likelihood domestic violence or abuse will occur, or that a modification of a protective order is
7287     required, a court may:
7288          (a) without notice, immediately issue an ex parte cohabitant abuse protective order or
7289     modify a protective order ex parte as the court considers necessary to protect the petitioner and
7290     all parties named to be protected in the petition; or
7291          (b) upon notice, issue a protective order or modify an order after a hearing, regardless

7292     of whether the respondent appears.
7293          (2) A court may grant the following relief without notice in a protective order or a
7294     modification issued ex parte:
7295          (a) enjoin the respondent from threatening to commit domestic violence or abuse,
7296     committing domestic violence or abuse, or harassing the petitioner or any designated family or
7297     household member;
7298          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
7299     with the petitioner or any designated family or household member, directly or indirectly, with
7300     the exception of any parent-time provisions in the ex parte order;
7301          (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
7302     distance of the petitioner;
7303          (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
7304     stay away from the following places and their premises:
7305          (i) the petitioner's residence or any designated family or household member's residence;
7306          (ii) the petitioner's school or any designated family or household member's school;
7307          (iii) the petitioner's or any designated family or household member's place of
7308     employment;
7309          (iv) the petitioner's place of worship or any designated family or household member's
7310     place of worship; or
7311          (v) any specified place frequented by the petitioner or any designated family or
7312     household member;
7313          (e) if the petitioner or designated family or household member attends the same school
7314     as the respondent, is employed at the same place of employment as the respondent, or attends
7315     the same place of worship, the court:
7316          (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
7317     from the respondent's school, place of employment, or place of worship; and
7318          (ii) may enter an order governing the respondent's conduct at the respondent's school,

7319     place of employment, or place of worship;
7320          (f) upon finding that the respondent's use or possession of a weapon may pose a serious
7321     threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
7322     firearm or other weapon specified by the court;
7323          (g) order possession and use of an automobile and other essential personal effects, and
7324     direct the appropriate law enforcement officer to accompany the petitioner to the residence of
7325     the parties to ensure that the petitioner is safely restored to possession of the residence,
7326     automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
7327     removal of personal belongings;
7328          (h) order the respondent to maintain an existing wireless telephone contract or account;
7329          (i) grant to the petitioner or someone other than the respondent temporary custody of a
7330     minor child of the parties;
7331          (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
7332     and [78A-6-902] 78A-2-803;
7333          (k) order any further relief that the court considers necessary to provide for the safety
7334     and welfare of the petitioner and any designated family or household member; and
7335          (l) if the petition requests child support or spousal support, at the hearing on the
7336     petition order both parties to provide verification of current income, including year-to-date pay
7337     stubs or employer statements of year-to-date or other period of earnings, as specified by the
7338     court, and complete copies of tax returns from at least the most recent year.
7339          (3) A court may grant the following relief in a cohabitant abuse protective order or a
7340     modification of an order after notice and hearing, regardless of whether the respondent appears:
7341          (a) grant the relief described in Subsection (2); and
7342          (b) specify arrangements for parent-time of any minor child by the respondent and
7343     require supervision of that parent-time by a third party or deny parent-time if necessary to
7344     protect the safety of the petitioner or child.
7345          (4) In addition to the relief granted under Subsection (3), the court may order the

7346     transfer of a wireless telephone number in accordance with Section 78B-7-117.
7347          (5) Following the cohabitant abuse protective order hearing, the court shall:
7348          (a) as soon as possible, deliver the order to the county sheriff for service of process;
7349          (b) make reasonable efforts to ensure that the cohabitant abuse protective order is
7350     understood by the petitioner, and the respondent, if present;
7351          (c) transmit electronically, by the end of the next business day after the order is issued,
7352     a copy of the cohabitant abuse protective order to the local law enforcement agency or agencies
7353     designated by the petitioner;
7354          (d) transmit a copy of the order to the statewide domestic violence network described
7355     in Section 78B-7-113; and
7356          (e) if the individual is a respondent or defendant subject to a court order that meets the
7357     qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
7358     Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
7359     Identification that includes:
7360          (i) an agency record identifier;
7361          (ii) the individual's name, sex, race, and date of birth;
7362          (iii) the issue date, conditions, and expiration date for the protective order; and
7363          (iv) if available, the individual's social security number, government issued driver
7364     license or identification number, alien registration number, government passport number, state
7365     identification number, or FBI number.
7366          (6) Each protective order shall include two separate portions, one for provisions, the
7367     violation of which are criminal offenses, and one for provisions, the violation of which are civil
7368     violations, as follows:
7369          (a) criminal offenses are those under Subsections (2)(a) through (g), and under
7370     Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
7371          (b) civil offenses are those under Subsections (2)(h), (j), (k), and (l), and Subsection
7372     (3)(a) as it refers to Subsections (2)(h), (j), (k), and (l).

7373          (7) Child support and spouse support orders issued as part of a protective order are
7374     subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
7375     Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
7376     IV-D Cases, except when the protective order is issued ex parte.
7377          (8) (a) The county sheriff that receives the order from the court, under Subsection (6),
7378     shall provide expedited service for protective orders issued in accordance with this part, and
7379     shall transmit verification of service of process, when the order has been served, to the
7380     statewide domestic violence network described in Section 78B-7-113.
7381          (b) This section does not prohibit any law enforcement agency from providing service
7382     of process if that law enforcement agency:
7383          (i) has contact with the respondent and service by that law enforcement agency is
7384     possible; or
7385          (ii) determines that under the circumstances, providing service of process on the
7386     respondent is in the best interests of the petitioner.
7387          (9) (a) When an order is served on a respondent in a jail or other holding facility, the
7388     law enforcement agency managing the facility shall make a reasonable effort to provide notice
7389     to the petitioner at the time the respondent is released from incarceration.
7390          (b) Notification of the petitioner shall consist of a good faith reasonable effort to
7391     provide notification, including mailing a copy of the notification to the last-known address of
7392     the victim.
7393          (10) A court may modify or vacate a protective order or any provisions in the
7394     protective order after notice and hearing, except that the criminal provisions of a cohabitant
7395     abuse protective order may not be vacated within two years of issuance unless the petitioner:
7396          (a) is personally served with notice of the hearing, as provided in the Utah Rules of
7397     Civil Procedure, and the petitioner personally appears, in person or through court video
7398     conferencing, before the court and gives specific consent to the vacation of the criminal
7399     provisions of the cohabitant abuse protective order; or

7400          (b) submits a verified affidavit, stating agreement to the vacation of the criminal
7401     provisions of the cohabitant abuse protective order.
7402          (11) A protective order may be modified without a showing of substantial and material
7403     change in circumstances.
7404          (12) A civil provision of a cohabitant abuse protective order described in Subsection
7405     (6) may be modified in a divorce proceeding that is pending between the parties to the
7406     cohabitant abuse protective order action after 150 days after the day on which the cohabitant
7407     abuse protective order is issued if:
7408          (a) the parties stipulate in writing or on the record to dismiss a civil provision of the
7409     cohabitant abuse protective order; or
7410          (b) the court in the divorce proceeding finds good cause to modify the civil provision.
7411          Section 119. Section 78B-7-702 is amended to read:
7412          78B-7-702. Mutual civil stalking injunctions.
7413          (1) A court may not grant a mutual order or mutual civil stalking injunction to
7414     opposing parties, unless each party:
7415          (a) files an independent petition against the other for a civil stalking injunction, and
7416     both petitions are served;
7417          (b) makes a showing at an evidentiary hearing on the civil stalking injunction that
7418     stalking has occurred by the other party; and
7419          (c) demonstrates the alleged act did not occur in self-defense.
7420          (2) If the court issues mutual civil stalking injunctions, the court shall include specific
7421     findings of all elements of Subsection (1) in the court order justifying the entry of the court
7422     orders.
7423          (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
7424     to a civil petitioner who is the respondent or defendant subject to:
7425          (i) a civil stalking injunction;
7426          (ii) a civil protective order that is issued under:

7427          (A) this part;
7428          (B) Part 2, Child Protective Orders;
7429          (C) Part 6, Cohabitant Abuse Protective Orders;
7430          (D) Part 8, Criminal Protective Orders; or
7431          (E) [Title 78A, Chapter 6, Juvenile Court Act] Title 80, Utah Juvenile Code;
7432          (iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
7433          (iv) a foreign protection order enforceable under Part 3, Uniform Interstate
7434     Enforcement of Domestic Violence Protection Orders Act.
7435          (b) The court may issue a protective order to a civil petitioner described in Subsection
7436     (3)(a) if:
7437          (i) the court determines that the requirements of Subsection (1) are met; and
7438          (ii) (A) the same court issued the protective order against the respondent; or
7439          (B) the subsequent court determines it would be impractical for the original court to
7440     consider the matter or confers with the court that issued the protective order described in
7441     Subsection (3)(a)(ii) or (iii).
7442          Section 120. Section 78B-11-121 is amended to read:
7443          78B-11-121. Change of award by arbitrator.
7444          (1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may
7445     modify or correct an award:
7446          (a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c);
7447          (b) if the arbitrator has not made a final and definite award upon a claim submitted by
7448     the parties to the arbitration proceeding; or
7449          (c) to clarify the award.
7450          (2) A motion under Subsection (1) must be made and notice given to all parties within
7451     20 days after the movant receives notice of the award.
7452          (3) A party to the arbitration proceeding must give notice of any objection to the
7453     motion within 10 days after receipt of the notice.

7454          (4) If a motion to the court is pending under Section 78B-11-123, 78B-11-124, or
7455     78B-11-125, the court may submit the claim to the arbitrator to consider whether to modify or
7456     correct the award:
7457          (a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c);
7458          (b) if the arbitrator has not made a final and definite award upon a claim submitted by
7459     the parties to the arbitration proceeding; or
7460          (c) to clarify the award.
7461          (5) An award modified or corrected pursuant to this section is subject to [Subsection
7462     78A-6-119(1) and] Sections 78A-6-357, 78B-11-123, 78B-11-124, and 78B-11-125.
7463          Section 121. Section 78B-12-219 is amended to read:
7464          78B-12-219. Adjustment when child becomes emancipated.
7465          (1) When a child becomes 18 years [of age] old or graduates from high school during
7466     the child's normal and expected year of graduation, whichever occurs later, or if the child dies,
7467     marries, becomes a member of the armed forces of the United States, or is emancipated in
7468     accordance with [Title 78A, Chapter 6, Part 8, Emancipation] Title 80, Chapter 7,
7469     Emancipation, the base child support award is automatically adjusted to the base combined
7470     child support obligation for the remaining number of children due child support, shown in the
7471     table that was used to establish the most recent order, using the incomes of the parties as
7472     specified in that order or the worksheets, unless otherwise provided in the child support order.
7473          (2) The award may not be reduced by a per child amount derived from the base child
7474     support award originally ordered.
7475          (3) If the incomes of the parties are not specified in the most recent order or the
7476     worksheets, the information regarding the incomes is not consistent, or the order deviates from
7477     the guidelines, automatic adjustment of the order does not apply and the order will continue
7478     until modified by the issuing tribunal. If the order is deviated and the parties subsequently
7479     obtain a judicial order that adjusts the support back to the date of the emancipation of the child,
7480     the Office of Recovery Services may not be required to repay any difference in the support

7481     collected during the interim.
7482          Section 122. Section 78B-15-612 is amended to read:
7483          78B-15-612. Minor as party -- Representation.
7484          (1) A minor is a permissible party, but is not a necessary party to a proceeding under
7485     this part.
7486          (2) The tribunal may appoint an attorney guardian ad litem under Sections 78A-2-703
7487     and [78A-6-902] 78A-2-803, or a private attorney guardian ad litem under Section 78A-2-705,
7488     to represent a minor or incapacitated child if the child is a party.
7489          Section 123. Section 78B-22-102 is amended to read:
7490          78B-22-102. Definitions.
7491          As used in this chapter:
7492          (1) "Account" means the Indigent Defense Resources Restricted Account created in
7493     Section 78B-22-405.
7494          (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501.
7495          (3) "Commission" means the Utah Indigent Defense Commission created in Section
7496     78B-22-401.
7497          (4) "Director" means the director of the Office of Indigent Defense Services, created in
7498     Section 78B-22-451, who is appointed in accordance with Section 78B-22-453.
7499          (5) (a) "Indigent defense resources" means the resources necessary to provide an
7500     effective defense for an indigent individual, including the costs for a competent investigator,
7501     expert witness, scientific or medical testing, transcripts, and printing briefs.
7502          (b) "Indigent defense resources" does not include an indigent defense service provider.
7503          (6) "Indigent defense service provider" means an attorney or entity appointed to
7504     represent an indigent individual pursuant to:
7505          (a) a contract with an indigent defense system to provide indigent defense services; or
7506          (b) an order issued by the court under Subsection 78B-22-203(2)(a).
7507          (7) "Indigent defense services" means:

7508          (a) the representation of an indigent individual by an indigent defense service provider;
7509     and
7510          (b) the provision of indigent defense resources for an indigent individual.
7511          (8) "Indigent defense system" means:
7512          (a) a city or town that is responsible for providing indigent defense services;
7513          (b) a county that is responsible for providing indigent defense services in the district
7514     court, juvenile court, and the county's justice courts; or
7515          (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
7516     Act, that is responsible for providing indigent defense services according to the terms of an
7517     agreement between a county, city, or town.
7518          (9) "Indigent individual" means:
7519          (a) a minor who is:
7520          (i) arrested and admitted into detention for an offense under Section 78A-6-103;
7521          (ii) charged by petition or information in the juvenile or district court; or
7522          (iii) described in this Subsection (9)(a), who is appealing an adjudication or other final
7523     court action; and
7524          (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to
7525     Section 78B-22-202.
7526          (10) "Minor" means the same as that term is defined in Section [78A-6-105] 80-1-102.
7527          (11) "Office" means the Office of Indigent Defense Services created in Section
7528     78B-22-451.
7529          (12) "Participating county" means a county that complies with this chapter for
7530     participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
7531     78B-22-702 and 78B-22-703.
7532          Section 124. Section 78B-22-201 is amended to read:
7533          78B-22-201. Right to counsel.
7534          (1) A court shall advise the following of the individual's right to counsel when the

7535     individual first appears before the court:
7536          (a) an adult charged with a criminal offense the penalty for which includes the
7537     possibility of incarceration regardless of whether actually imposed;
7538          (b) a parent or legal guardian facing an action initiated by the state under:
7539          [(i) Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;]
7540          [(ii) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or]
7541          [(iii) Title 78A, Chapter 6, Part 10, Adult Offenses;]
7542          (i) Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings;
7543          (ii) Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
7544          (iii) Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;
7545          (c) a parent or legal guardian facing an action initiated by any party under:
7546          [(i) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or]
7547          (i) Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
7548          (ii) Section 78B-6-112; or
7549          (d) an individual described in this Subsection (1), who is appealing a conviction or
7550     other final court action.
7551          (2) If an individual described in Subsection (1) does not knowingly and voluntarily
7552     waive the right to counsel, the court shall determine whether the individual is indigent under
7553     Section 78B-22-202.
7554          Section 125. Section 78B-22-406 is amended to read:
7555          78B-22-406. Indigent defense services grant program.
7556          (1) The commission may award grants:
7557          (a) to supplement local spending by an indigent defense system for indigent defense
7558     services; and
7559          (b) for contracts to provide indigent defense services for appeals from juvenile court
7560     proceedings in a county of the third, fourth, fifth, or sixth class.
7561          (2) The commission may use grant money:

7562          (a) to assist an indigent defense system to provide indigent defense services that meet
7563     the commission's core principles for the effective representation of indigent individuals;
7564          (b) to establish and maintain local indigent defense data collection systems;
7565          (c) to provide indigent defense services in addition to indigent defense services that are
7566     currently being provided by an indigent defense system;
7567          (d) to provide training and continuing legal education for indigent defense service
7568     providers;
7569          (e) to assist indigent defense systems with appeals from juvenile court proceedings;
7570          (f) to pay for indigent defense resources and costs and expenses for parental defense
7571     attorneys as described in Subsection 78B-22-804(2); and
7572          (g) to reimburse an indigent defense system for the cost of providing indigent defense
7573     services in an action initiated by a private party under [Title 78A, Chapter 6, Part 5,
7574     Termination of Parental Rights] Title 80, Chapter 4, Termination and Restoration of Parental
7575     Rights, if the indigent defense system has complied with the commission's policies and
7576     procedures for reimbursement.
7577          (3) To receive a grant from the commission, an indigent defense system shall
7578     demonstrate to the commission's satisfaction that:
7579          (a) the indigent defense system has incurred or reasonably anticipates incurring
7580     expenses for indigent defense services that are in addition to the indigent defense system's
7581     average annual spending on indigent defense services in the three fiscal years immediately
7582     preceding the grant application; and
7583          (b) a grant from the commission is necessary for the indigent defense system to meet
7584     the commission's core principles for the effective representation of indigent individuals.
7585          (4) The commission may revoke a grant if an indigent defense system fails to meet
7586     requirements of the grant or any of the commission's core principles for the effective
7587     representation of indigent individuals.
7588          Section 126. Section 78B-22-801 is amended to read:

7589          78B-22-801. Definitions.
7590          As used in this part:
7591          (1) "Child welfare case" means a proceeding under [Title 78A, Chapter 6, Part 3,
7592     Abuse, Neglect, and Dependency Proceedings, or Part 5, Termination of Parental Rights Act]
7593     Title 80, Chapter 3, Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination
7594     and Restoration of Parental Rights.
7595          (2) "Contracted parental defense attorney" means an attorney who represents an
7596     indigent individual who is a parent in a child welfare case under a contract with the office or a
7597     contributing county.
7598          (3) "Contributing county" means a county that complies with this part for participation
7599     in the Child Welfare Parental Defense Fund described in Section 78B-22-804.
7600          (4) "Fund" means the Child Welfare Parental Defense Fund created in Section
7601     78B-22-804.
7602          (5) "Program" means the Child Welfare Parental Defense Program created in Section
7603     78B-22-802.
7604          Section 127. Section 78B-22-803 is amended to read:
7605          78B-22-803. Child welfare parental defense contracts.
7606          (1) (a) The office may enter into a contract with an attorney to provide indigent defense
7607     services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and
7608     requires indigent defense services under Section [78A-6-1111] 80-3-104.
7609          (b) The office shall make payment for the representation, costs, and expenses of a
7610     contracted parental defense attorney from the Child Welfare Parental Defense Fund in
7611     accordance with Section 78B-22-804.
7612          (2) (a) Except as provided in Subsection (2)(b), a contracted parental defense attorney
7613     shall:
7614          (i) complete a basic training course provided by the office;
7615          (ii) provide parental defense services consistent with the commission's core principles

7616     described in Section 78B-22-404;
7617          (iii) have experience in child welfare cases; and
7618          (iv) participate each calendar year in continuing legal education courses providing no
7619     fewer than eight hours of instruction in child welfare law.
7620          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7621     commission may, by rule, exempt from the requirements of Subsection (2)(a) an attorney who
7622     has equivalent training or adequate experience.
7623          Section 128. Effective date.
7624          This bill takes effect on September 1, 2021.
7625          Section 129. Coordinating H.B. 286 with H.B. 260 -- Substantive change.
7626          If this H.B. 286 and H.B. 260, Criminal Justice Modifications, both pass and become
7627     law, the Legislature intends that, on September 1, 2021, the Office of Legislative Research and
7628     General Counsel, prepare the Utah Code database for publication amending Subsection
7629     77-37-3(1)(e) to read:
7630          "(e) Victims may seek restitution or reparations, including medical costs, as provided
7631     in Title 63M, Chapter 7, Criminal Justice and Substance Abuse, [and Sections 62A-7-109.5,
7632     77-38a-302, and 77-27-6.] Title 77, Chapter 38b, Crime Victims Restitution Act, and Section
7633     80-6-710. State and local government agencies that serve victims have the duty to have a
7634     functional knowledge of the procedures established by the Crime Victim Reparations Board
7635     and to inform victims of these procedures.".
7636          Section 130. Coordinating H.B. 286 with S.B. 90 -- Technical amendments.
7637          If this H.B. 286 and S.B. 90, Parental Defense Amendments, both pass and become law,
7638     the Legislature intends that, on September 1, 2021, the Office of Legislative Research and
7639     General Counsel shall prepare the Utah Code database for publication as follows:
7640          (1) Subsection 78B-22-102(4) is amended to read:
7641          "(4) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse,
7642     Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental

7643     Rights."; and
7644          (2) the amendments to Section 78B-22-801 in S.B. 90 supersede the amendments to
7645     Section 78B-22-801 in this bill.