Representative V. Lowry Snow proposes the following substitute bill:


1     
JUVENILE RECODIFICATION

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 reorganizes, renumbers, amends, repeals, and enacts statutes related to
10     juveniles.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms and amends definitions;
14          ▸     reorganizes and renumbers Title 78A, Chapter 6, Juvenile Court Act;
15          ▸     reorganizes and renumbers Title 62A, Chapter 7, Juvenile Justice Services;
16          ▸     enacts Title 80, Utah Juvenile Code;
17          ▸     renumbers and amends statutes in Title 62A, Chapter 7, Juvenile Justice Services,
18     and Title 78A, Chapter 6, Juvenile Court Act, to Title 80, Utah Juvenile Code;
19          ▸     reorganizes and clarifies provisions related to removal of a child from the home and
20     placement of a child in protective custody;
21          ▸     amends the notice requirements for removal of a child from the home or placement
22     of the child in protective custody;
23          ▸     clarifies the notice requirements for release of a minor who is committed to a local
24     mental health authority or the Utah State Developmental Center;
25          ▸     renumbers a statute related to aiding or concealing a juvenile offender, and

26     trespassing in a secure care facility, to Title 76, Utah Criminal Code;
27          ▸     clarifies that an offense for damaging a jail or other place of confinement is
28     applicable to a child;
29          ▸     renumbers statutes regarding the Office of the Guardian Ad Litem;
30          ▸     clarifies the original and concurrent jurisdiction of the juvenile court;
31          ▸     enacts a statute on the exclusive jurisdiction of the juvenile court;
32          ▸     modifies the continuing jurisdiction of the juvenile court;
33          ▸     clarifies jurisdiction for proceedings to determine parentage;
34          ▸     repeals a provision allowing delinquency records for an individual charged with a
35     felony as an adult to be made available upon request;
36          ▸     clarifies provisions related to venue for juvenile court proceedings;
37          ▸     repeals provisions related to venue transfer in the juvenile court;
38          ▸     clarifies requirements for emergency medical or surgical treatment after a petition is
39     filed in the juvenile court;
40          ▸     clarifies the requirements and punishments for contempt of court in the juvenile
41     court;
42          ▸     repeals provisions related to hearings after an adjudication in the juvenile court;
43          ▸     clarifies the requirements for modifying an order or decree in the juvenile court;
44          ▸     provides that a county or district attorney may file a criminal information for an
45     adult in the juvenile court for certain offenses;
46          ▸     clarifies the jurisdiction and requirements for adult criminal proceedings in the
47     juvenile court;
48          ▸     provides that certain agencies and courts assist and cooperate to further the
49     provisions of Title 80, Utah Juvenile Code;
50          ▸     clarifies provisions related to abuse, neglect, and dependency proceedings,
51     including provisions related to:
52               •     individuals entitled to be present at abuse, neglect, and dependency proceedings;
53               •     consolidating abuse, neglect, and dependency proceedings;
54               •     records of abuse, neglect, and dependency proceedings;
55               •     disclosures made by parties in abuse, neglect, and dependency proceedings;
56               •     physical and mental health examinations for a minor in abuse, neglect, and

57     dependency proceedings;
58               •     consideration of an individual's cannabis use in abuse, neglect, and dependency
59     proceedings;
60               •     amending a petition for abuse, neglect, or dependency;
61               •     referrals for mediation in an abuse, neglect, and dependency proceeding;
62               •     temporary custody and protective services of a child who is the subject of a
63     petition for abuse, neglect, or dependency;
64               •     shelter hearings;
65               •     dispositions that may be ordered after an adjudication on a petition for abuse,
66     neglect, or dependency;
67               •     permanency hearings; and
68               •     removal of a minor from the jurisdiction of the juvenile court and custody of the
69     Division of Child and Family Services;
70          ▸     clarifies provisions related to proceedings for the termination and restoration of
71     parental rights, including provisions related to:
72               •     the rules of procedure that apply to termination proceedings;
73               •     individuals entitled to be present at termination proceedings;
74               •     records of termination proceedings;
75               •     physical or mental health examinations for termination proceedings;
76               •     temporary custody of a child after a petition for termination of parental rights is
77     filed;
78               •     consideration of an individual's use of cannabis in termination proceedings;
79               •     amending a petition for termination of parental rights; and
80               •     referrals for mediation in termination proceedings;
81          ▸     repeals provisions regarding the contents of a petition for termination of parental
82     rights;
83          ▸     clarifies the responsibilities of the Division of Juvenile Justice Services;
84          ▸     grants rulemaking authority to the Division of Juvenile Justice Services regarding
85     the operation of certain programs and facilities;
86          ▸     requires the Division of Juvenile Justice to provide prenatal and postnatal care to a
87     pregnant minor who is in secure detention or secure care;

88          ▸     allows the Division of Juvenile Justice Services to refer a minor, who has a child
89     while the minor is in secure detention or secure care, and the minor's child to the
90     Division of Child and Family Services to receive services;
91          ▸     requires a report for a runaway be given to the Division of Juvenile Justice Services;
92          ▸     requires the Division of Juvenile Justice Services to refer a runaway to the Division
93     of Child and Family Services to determine whether the runaway is abused,
94     neglected, or dependent;
95          ▸     reorganizes and clarifies statutes regarding the Youth Parole Authority;
96          ▸     modifies school notification requirements for minors who are taken into custody,
97     admitted to detention, or adjudicated by the juvenile court for certain offenses;
98          ▸     amends the grounds for which a minor may be taken into custody by a peace officer
99     or a juvenile probation officer;
100          ▸     provides the warrant requirements for taking a minor into custody after a
101     delinquency petition is filed;
102          ▸     clarifies the requirements for holding a minor in custody and releasing a minor from
103     custody;
104          ▸     clarifies the requirements for admitting a minor to detention;
105          ▸     provides the rights that a minor has in a detention facility;
106          ▸     provides the requirements for interviewing a minor who is taken into custody or
107     admitted to a detention facility;
108          ▸     clarifies when bail is allowed for a minor who is in a detention facility;
109          ▸     provides the types of pleas that a minor may enter in the juvenile court and the
110     requirements for a minor to withdraw a plea in the juvenile court;
111          ▸     clarifies that, in preparing a dispositional report or recommendation, a juvenile
112     probation officer or the juvenile court shall consider the dispositional guidelines;
113          ▸     provides that competency proceedings apply to a petition or an information filed in
114     the juvenile court for a minor;
115          ▸     clarifies competency proceedings for minors in juvenile court, including
116     commitment proceedings for a minor who is 18 years old or older;
117          ▸     clarifies provisions regarding delinquency proceedings, including:
118               •     when the juvenile court or the Division of Juvenile Justice Services is required

119     to take photographs or fingerprints of a minor;
120               •     the types of dispositions that a juvenile court may order after a minor is
121     adjudicated for an offense;
122               •     the requirements for placing a minor in detention after an adjudication; and
123               •     the time periods for probation and supervision by the juvenile court and the
124     Youth Parole Authority;
125          ▸     enacts provisions on the rights that minors have for delinquency proceedings;
126          ▸     provides the burden of proof for an adjudication of an offense;
127          ▸     amends the time period for suspending a disposition after an adjudication of an
128     offense;
129          ▸     clarifies provisions regarding the commitment and parole of a minor, including:
130               •     commitment of a minor to a local mental health authority or the Utah State
131     Developmental Center; and
132               •     the presumptive terms of commitment to secure care, parole supervision, and
133     aftercare services;
134          ▸     provides the rights that a juvenile offender has in secure care;
135          ▸     clarifies provisions regarding youth courts;
136          ▸     provides that a criminal defense attorney be appointed to the Youth Court Board;
137          ▸     clarifies provisions regarding juvenile records and expungement;
138          ▸     clarifies provisions regarding emancipation of a minor;
139          ▸     repeals statutes relating to the Division of Juvenile Justice Services, Youth Parole
140     Authority, and juvenile court proceedings; and
141          ▸     makes technical and conforming changes.
142     Money Appropriated in this Bill:
143          None
144     Other Special Clauses:
145          This bill provides a special effective date.
146          This bill provides coordination clauses.
147     Utah Code Sections Affected:
148     AMENDS:
149          53G-6-201, as last amended by Laws of Utah 2020, Chapter 20

150          62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
151          62A-4a-202.2, as last amended by Laws of Utah 2008, Chapter 3
152          62A-5-308, as last amended by Laws of Utah 2011, Chapter 366
153          62A-5-309, as last amended by Laws of Utah 2011, Chapter 366
154          62A-15-705, as last amended by Laws of Utah 2018, Chapter 322
155          76-8-418, as last amended by Laws of Utah 2005, Chapter 13
156          78A-6-101, as last amended by Laws of Utah 2012, Chapter 316
157          78A-6-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
158          78A-6-103, as last amended by Laws of Utah 2020, Chapters 142, 214, and 250
159          78A-6-120, as last amended by Laws of Utah 2020, Chapter 214
160          78A-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
161          78A-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
162          78A-6-203, as last amended by Laws of Utah 2009, Chapter 356
163          78A-6-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
164          78A-6-205, as renumbered and amended by Laws of Utah 2008, Chapter 3
165          78A-6-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
166          78A-6-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
167          78A-6-208, as last amended by Laws of Utah 2012, Chapter 316
168          78A-6-209, as last amended by Laws of Utah 2017, Chapter 326
169          78A-6-210, as last amended by Laws of Utah 2020, Chapter 312
170          78A-6-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
171          78B-6-105, as last amended by Laws of Utah 2020, Chapter 214
172          78B-15-104, as last amended by Laws of Utah 2010, Chapter 237
173     ENACTS:
174          78A-2-801, Utah Code Annotated 1953
175          78A-6-101.5, Utah Code Annotated 1953
176          78A-6-103.5, Utah Code Annotated 1953
177          78A-6-357, Utah Code Annotated 1953
178          80-1-101, Utah Code Annotated 1953
179          80-2-101, Utah Code Annotated 1953
180          80-3-101, Utah Code Annotated 1953

181          80-3-105, Utah Code Annotated 1953
182          80-3-106, Utah Code Annotated 1953
183          80-3-107, Utah Code Annotated 1953
184          80-3-203, Utah Code Annotated 1953
185          80-3-206, Utah Code Annotated 1953
186          80-3-207, Utah Code Annotated 1953
187          80-3-405, Utah Code Annotated 1953
188          80-3-503, Utah Code Annotated 1953
189          80-4-103, Utah Code Annotated 1953
190          80-4-106, Utah Code Annotated 1953
191          80-4-107, Utah Code Annotated 1953
192          80-4-109, Utah Code Annotated 1953
193          80-4-205, Utah Code Annotated 1953
194          80-4-206, Utah Code Annotated 1953
195          80-4-207, Utah Code Annotated 1953
196          80-5-101, Utah Code Annotated 1953
197          80-5-102, Utah Code Annotated 1953
198          80-5-202, Utah Code Annotated 1953
199          80-5-702, Utah Code Annotated 1953
200          80-5-703, Utah Code Annotated 1953
201          80-6-101, Utah Code Annotated 1953
202          80-6-102, Utah Code Annotated 1953
203          80-6-103, Utah Code Annotated 1953
204          80-6-203, Utah Code Annotated 1953
205          80-6-205, Utah Code Annotated 1953
206          80-6-206, Utah Code Annotated 1953
207          80-6-301, Utah Code Annotated 1953
208          80-6-306, Utah Code Annotated 1953
209          80-6-602, Utah Code Annotated 1953
210          80-6-603, Utah Code Annotated 1953
211          80-6-604, Utah Code Annotated 1953

212          80-6-606, Utah Code Annotated 1953
213          80-6-701, Utah Code Annotated 1953
214          80-6-702, Utah Code Annotated 1953
215          80-6-703, Utah Code Annotated 1953
216          80-6-704, Utah Code Annotated 1953
217          80-6-705, Utah Code Annotated 1953
218          80-6-706, Utah Code Annotated 1953
219          80-6-708, Utah Code Annotated 1953
220          80-6-709, Utah Code Annotated 1953
221          80-6-710, Utah Code Annotated 1953
222          80-6-711, Utah Code Annotated 1953
223          80-6-712, Utah Code Annotated 1953
224          80-6-801, Utah Code Annotated 1953
225          80-6-1003, Utah Code Annotated 1953
226          80-7-101, Utah Code Annotated 1953
227     REPEALS AND REENACTS:
228          62A-4a-202.1, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
229          78A-6-104, as last amended by Laws of Utah 2020, Chapter 214
230     RENUMBERS AND AMENDS:
231          53G-6-210, (Renumbered from 78A-6-319, as last amended by Laws of Utah 2018,
232     Chapter 415)
233          53G-6-211, (Renumbered from 78A-6-320, as renumbered and amended by Laws of
234     Utah 2008, Chapter 3)
235          76-8-311.5, (Renumbered from 62A-7-402, as last amended by Laws of Utah 2020,
236     Chapter 214)
237          78A-2-802, (Renumbered from 78A-6-901, as last amended by Laws of Utah 2014,
238     Chapter 267)
239          78A-2-803, (Renumbered from 78A-6-902, as last amended by Laws of Utah 2019,
240     Chapter 335)
241          78A-2-804, (Renumbered from 78A-6-903, as enacted by Laws of Utah 2020, Chapter
242     230)

243          78A-6-212, (Renumbered from 62A-7-105.5, as last amended by Laws of Utah 2020,
244     Chapter 214)
245          78A-6-350, (Renumbered from 78A-6-110, as renumbered and amended by Laws of
246     Utah 2008, Chapter 3)
247          78A-6-351, (Renumbered from 78A-6-109, as last amended by Laws of Utah 2017,
248     Chapter 330)
249          78A-6-352, (Renumbered from 78A-6-111, as last amended by Laws of Utah 2018,
250     Chapter 148)
251          78A-6-353, (Renumbered from 78A-6-1101, as last amended by Laws of Utah 2019,
252     Chapter 162)
253          78A-6-354, (Renumbered from 78A-6-114, as last amended by Laws of Utah 2020,
254     Chapter 142)
255          78A-6-355, (Renumbered from 78A-6-1112, as renumbered and amended by Laws of
256     Utah 2008, Chapter 3)
257          78A-6-356, (Renumbered from 78A-6-1106, as last amended by Laws of Utah 2018,
258     Chapter 56)
259          78A-6-358, (Renumbered from 78A-6-118, as last amended by Laws of Utah 2020,
260     Chapter 214)
261          78A-6-359, (Renumbered from 78A-6-1109, as last amended by Laws of Utah 2013,
262     Chapter 245)
263          78A-6-450, (Renumbered from 78A-6-1001, as last amended by Laws of Utah 2018,
264     Chapter 415)
265          78A-6-451, (Renumbered from 78A-6-1002, as last amended by Laws of Utah 2013,
266     Chapter 237)
267          78A-6-452, (Renumbered from 78A-6-1003, as renumbered and amended by Laws of
268     Utah 2008, Chapter 3)
269          80-1-102, (Renumbered from 78A-6-105, as last amended by Laws of Utah 2020,
270     Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
271     Chapter 214)
272          80-1-103, (Renumbered from 78A-6-1110, as renumbered and amended by Laws of
273     Utah 2008, Chapter 3)

274          80-3-102, (Renumbered from 78A-6-301, as last amended by Laws of Utah 2018,
275     Chapter 46)
276          80-3-103, (Renumbered from 78A-6-303, as renumbered and amended by Laws of Utah
277     2008, Chapter 3)
278          80-3-104, (Renumbered from 78A-6-317, as last amended by Laws of Utah 2019,
279     Chapters 326 and 335)
280          80-3-108, (Renumbered from 78A-6-305, as last amended by Laws of Utah 2019,
281     Chapter 71)
282          80-3-109, (Renumbered from 78A-6-324, as renumbered and amended by Laws of Utah
283     2008, Chapter 3)
284          80-3-110, (Renumbered from 78A-6-115, as last amended by Laws of Utah 2020,
285     Chapters 12, 132, 250, and 354)
286          80-3-201, (Renumbered from 78A-6-304, as last amended by Laws of Utah 2020,
287     Chapter 158)
288          80-3-202, (Renumbered from 78A-6-107, as renumbered and amended by Laws of Utah
289     2008, Chapter 3)
290          80-3-204, (Renumbered from 78A-6-302, as last amended by Laws of Utah 2020,
291     Chapter 158)
292          80-3-205, (Renumbered from 78A-6-322, as last amended by Laws of Utah 2017,
293     Chapter 459)
294          80-3-301, (Renumbered from 78A-6-306, as last amended by Laws of Utah 2020,
295     Chapters 158 and 214)
296          80-3-302, (Renumbered from 78A-6-307, as last amended by Laws of Utah 2020,
297     Chapter 250)
298          80-3-303, (Renumbered from 78A-6-307.5, as last amended by Laws of Utah 2019,
299     Chapter 71)
300          80-3-304, (Renumbered from 78A-6-301.5, as enacted by Laws of Utah 2015, Chapter
301     274)
302          80-3-305, (Renumbered from 78A-6-308, as last amended by Laws of Utah 2012,
303     Chapter 293)
304          80-3-306, (Renumbered from 78A-6-308.5, as enacted by Laws of Utah 2018, Chapter

305     46)
306          80-3-401, (Renumbered from 78A-6-309, as renumbered and amended by Laws of Utah
307     2008, Chapter 3)
308          80-3-402, (Renumbered from 78A-6-311, as renumbered and amended by Laws of Utah
309     2008, Chapter 3)
310          80-3-403, (Renumbered from 78A-6-321, as renumbered and amended by Laws of Utah
311     2008, Chapter 3)
312          80-3-404, (Renumbered from 78A-6-323, as last amended by Laws of Utah 2015,
313     Chapters 255 and 307)
314          80-3-406, (Renumbered from 78A-6-312, as last amended by Laws of Utah 2020,
315     Chapter 214)
316          80-3-407, (Renumbered from 78A-6-313, as renumbered and amended by Laws of Utah
317     2008, Chapter 3)
318          80-3-408, (Renumbered from 78A-6-315, as last amended by Laws of Utah 2009,
319     Chapter 161)
320          80-3-409, (Renumbered from 78A-6-314, as last amended by Laws of Utah 2020,
321     Chapter 158)
322          80-3-501, (Renumbered from 78A-6-311.5, as last amended by Laws of Utah 2020,
323     Chapter 250)
324          80-3-502, (Renumbered from 78A-6-318, as last amended by Laws of Utah 2018,
325     Chapter 285)
326          80-4-101, (Renumbered from 78A-6-501, as renumbered and amended by Laws of Utah
327     2008, Chapter 3)
328          80-4-102, (Renumbered from 78A-6-502, as renumbered and amended by Laws of Utah
329     2008, Chapter 3)
330          80-4-104, (Renumbered from 78A-6-503, as last amended by Laws of Utah 2020,
331     Chapter 158)
332          80-4-105, (Renumbered from 78A-6-513, as last amended by Laws of Utah 2013,
333     Chapters 340, 416 and last amended by Coordination Clause, Laws of Utah 2013,
334     Chapter 416)
335          80-4-108, (Renumbered from 78A-6-515, as last amended by Laws of Utah 2012,

336     Chapter 120)
337          80-4-201, (Renumbered from 78A-6-504, as renumbered and amended by Laws of Utah
338     2008, Chapter 3)
339          80-4-202, (Renumbered from 78A-6-505, as renumbered and amended by Laws of Utah
340     2008, Chapter 3)
341          80-4-203, (Renumbered from 78A-6-316, as renumbered and amended by Laws of Utah
342     2008, Chapter 3)
343          80-4-204, (Renumbered from 78A-6-506, as last amended by Laws of Utah 2018,
344     Chapter 359)
345          80-4-301, (Renumbered from 78A-6-507, as last amended by Laws of Utah 2020,
346     Chapter 158)
347          80-4-302, (Renumbered from 78A-6-508, as last amended by Laws of Utah 2018, Third
348     Special Session, Chapter 1)
349          80-4-303, (Renumbered from 78A-6-509, as renumbered and amended by Laws of Utah
350     2008, Chapter 3)
351          80-4-304, (Renumbered from 78A-6-510, as renumbered and amended by Laws of Utah
352     2008, Chapter 3)
353          80-4-305, (Renumbered from 78A-6-511, as last amended by Laws of Utah 2013,
354     Chapter 416 and last amended by Coordination Clause, Laws of Utah 2013, Chapter
355     416)
356          80-4-306, (Renumbered from 78A-6-512, as last amended by Laws of Utah 2009,
357     Chapter 32)
358          80-4-307, (Renumbered from 78A-6-514, as renumbered and amended by Laws of Utah
359     2008, Chapter 3)
360          80-4-401, (Renumbered from 78A-6-1403, as last amended by Laws of Utah 2015,
361     Chapter 272)
362          80-4-402, (Renumbered from 78A-6-1404, as last amended by Laws of Utah 2015,
363     Chapter 272)
364          80-5-103, (Renumbered from 62A-7-102, as last amended by Laws of Utah 2019,
365     Chapter 246)
366          80-5-104, (Renumbered from 62A-7-103, as last amended by Laws of Utah 2019,

367     Chapter 246)
368          80-5-201, (Renumbered from 62A-7-104, as last amended by Laws of Utah 2020,
369     Chapter 214)
370          80-5-203, (Renumbered from 78A-6-124, as enacted by Laws of Utah 2017, Chapter
371     330)
372          80-5-204, (Renumbered from 62A-7-106.5, as last amended by Laws of Utah 2019,
373     Chapter 246)
374          80-5-205, (Renumbered from 62A-7-107.5, as last amended by Laws of Utah 2020,
375     Chapter 214)
376          80-5-206, (Renumbered from 62A-7-108.5, as last amended by Laws of Utah 2020,
377     Chapter 214)
378          80-5-207, (Renumbered from 62A-7-109.5, as last amended by Laws of Utah 2020,
379     Chapter 214)
380          80-5-208, (Renumbered from 62A-7-403, as last amended by Laws of Utah 2020,
381     Chapter 214)
382          80-5-301, (Renumbered from 62A-7-104.5, as enacted by Laws of Utah 2013, Chapter
383     452)
384          80-5-302, (Renumbered from 62A-7-112, as enacted by Laws of Utah 2019, Chapter
385     162)
386          80-5-303, (Renumbered from 62A-7-113, as last amended by Laws of Utah 2020,
387     Chapter 214)
388          80-5-401, (Renumbered from 62A-7-601, as last amended by Laws of Utah 2019,
389     Chapter 246)
390          80-5-402, (Renumbered from 62A-7-701, as last amended by Laws of Utah 2020,
391     Chapter 214)
392          80-5-403, (Renumbered from 62A-7-702, as last amended by Laws of Utah 2020,
393     Chapter 214)
394          80-5-501, (Renumbered from 62A-7-202, as last amended by Laws of Utah 2017,
395     Chapter 330)
396          80-5-502, (Renumbered from 62A-7-203, as last amended by Laws of Utah 2012,
397     Chapter 242)

398          80-5-503, (Renumbered from 62A-7-401.5, as last amended by Laws of Utah 2020,
399     Chapter 214)
400          80-5-601, (Renumbered from 62A-4a-501, as last amended by Laws of Utah 2019,
401     Chapter 242)
402          80-5-602, (Renumbered from 62A-4a-502, as enacted by Laws of Utah 2019, Chapter
403     242)
404          80-5-603, (Renumbered from 78A-6-117.5, as last amended by Laws of Utah 2020,
405     Chapter 250)
406          80-5-701, (Renumbered from 62A-7-501, as last amended by Laws of Utah 2020,
407     Chapters 214 and 352)
408          80-6-201, (Renumbered from 78A-6-112, as last amended by Laws of Utah 2020,
409     Chapter 214)
410          80-6-202, (Renumbered from 78A-6-106.5, as enacted by Laws of Utah 2017, Chapter
411     330)
412          80-6-204, (Renumbered from 62A-7-201, as last amended by Laws of Utah 2020,
413     Chapter 214)
414          80-6-207, (Renumbered from 78A-6-113, as last amended by Laws of Utah 2020,
415     Chapters 214, 250, and 312)
416          80-6-302, (Renumbered from 78A-6-603, as last amended by Laws of Utah 2020,
417     Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
418     Chapter 214)
419          80-6-303, (Renumbered from 78A-6-601, as last amended by Laws of Utah 2020,
420     Chapters 214, 312 and last amended by Coordination Clause, Laws of Utah 2020,
421     Chapter 214)
422          80-6-304, (Renumbered from 78A-6-602, as last amended by Laws of Utah 2020, Fifth
423     Special Session, Chapter 4)
424          80-6-305, (Renumbered from 78A-6-602.5, as last amended by Laws of Utah 2020,
425     Fifth Special Session, Chapter 4)
426          80-6-307, (Renumbered from 78A-6-605, as renumbered and amended by Laws of Utah
427     2008, Chapter 3)
428          80-6-401, (Renumbered from 78A-6-1301, as last amended by Laws of Utah 2019,

429     Chapter 388)
430          80-6-402, (Renumbered from 78A-6-1302, as last amended by Laws of Utah 2019,
431     Chapters 136, 335, and 388)
432          80-6-403, (Renumbered from 78A-6-1303, as last amended by Laws of Utah 2019,
433     Chapter 388)
434          80-6-501, (Renumbered from 78A-6-703.1, as enacted by Laws of Utah 2020, Chapter
435     214)
436          80-6-502, (Renumbered from 78A-6-703.2, as enacted by Laws of Utah 2020, Chapter
437     214)
438          80-6-503, (Renumbered from 78A-6-703.3, as enacted by Laws of Utah 2020, Chapter
439     214)
440          80-6-504, (Renumbered from 78A-6-703.5, as enacted by Laws of Utah 2020, Chapter
441     214)
442          80-6-505, (Renumbered from 78A-6-703.6, as enacted by Laws of Utah 2020, Chapter
443     214)
444          80-6-506, (Renumbered from 78A-6-704, as last amended by Laws of Utah 2020,
445     Chapter 214)
446          80-6-507, (Renumbered from 78A-6-705, as last amended by Laws of Utah 2020,
447     Chapter 214)
448          80-6-601, (Renumbered from 78A-6-116, as last amended by Laws of Utah 2020,
449     Chapters 214, 218, 312 and last amended by Coordination Clause, Laws of Utah
450     2020, Chapter 214)
451          80-6-605, (Renumbered from 78A-6-703.4, as enacted by Laws of Utah 2020, Chapter
452     214)
453          80-6-607, (Renumbered from 78A-6-123, as last amended by Laws of Utah 2020,
454     Chapter 142)
455          80-6-608, (Renumbered from 78A-6-1104, as last amended by Laws of Utah 2012,
456     Chapter 369)
457          80-6-609, (Renumbered from 78A-6-122, as enacted by Laws of Utah 2015, Chapter
458     338)
459          80-6-610, (Renumbered from 78A-6-1113, as last amended by Laws of Utah 2015,

460     Chapter 258)
461          80-6-707, (Renumbered from 78A-6-606, as last amended by Laws of Utah 2017,
462     Chapter 330)
463          80-6-802, (Renumbered from 62A-7-404, as repealed and reenacted by Laws of Utah
464     2020, Chapter 214)
465          80-6-803, (Renumbered from 62A-7-111.5, as last amended by Laws of Utah 2020,
466     Chapter 214)
467          80-6-804, (Renumbered from 62A-7-404.5, as enacted by Laws of Utah 2020, Chapter
468     214)
469          80-6-805, (Renumbered from 62A-7-502, as last amended by Laws of Utah 2020,
470     Chapter 214)
471          80-6-806, (Renumbered from 62A-7-504, as last amended by Laws of Utah 2020,
472     Chapter 214)
473          80-6-807, (Renumbered from 62A-7-506, as last amended by Laws of Utah 2020,
474     Chapter 214)
475          80-6-808, (Renumbered from 62A-7-507, as last amended by Laws of Utah 2020,
476     Chapter 214)
477          80-6-901, (Renumbered from 78A-6-1202, as last amended by Laws of Utah 2017,
478     Chapter 330)
479          80-6-902, (Renumbered from 78A-6-1203, as last amended by Laws of Utah 2018,
480     Chapter 415)
481          80-6-903, (Renumbered from 78A-6-1204, as renumbered and amended by Laws of
482     Utah 2008, Chapter 3)
483          80-6-904, (Renumbered from 78A-6-1205, as last amended by Laws of Utah 2009,
484     Chapter 356)
485          80-6-905, (Renumbered from 78A-6-1206, as last amended by Laws of Utah 2009,
486     Chapter 356)
487          80-6-906, (Renumbered from 78A-6-1207, as last amended by Laws of Utah 2013,
488     Chapter 27)
489          80-6-907, (Renumbered from 78A-6-1208, as last amended by Laws of Utah 2013,
490     Chapter 27)

491          80-6-908, (Renumbered from 78A-6-1209, as renumbered and amended by Laws of
492     Utah 2008, Chapter 3)
493          80-6-909, (Renumbered from 78A-6-1210, as renumbered and amended by Laws of
494     Utah 2008, Chapter 123)
495          80-6-1001, (Renumbered from 78A-6-1502, as enacted by Laws of Utah 2020, Chapter
496     218)
497          80-6-1002, (Renumbered from 78A-6-1114, as last amended by Laws of Utah 2020,
498     Chapter 108)
499          80-6-1004, (Renumbered from 78A-6-1503, as renumbered and amended by Laws of
500     Utah 2020, Chapter 218)
501          80-6-1005, (Renumbered from 78A-6-1504, as enacted by Laws of Utah 2020, Chapter
502     218)
503          80-6-1006, (Renumbered from 78A-6-1505, as enacted by Laws of Utah 2020, Chapter
504     218)
505          80-6-1007, (Renumbered from 78A-6-1506, as enacted by Laws of Utah 2020, Chapter
506     218)
507          80-7-102, (Renumbered from 78A-6-802, as renumbered and amended by Laws of Utah
508     2008, Chapter 3)
509          80-7-103, (Renumbered from 78A-6-803, as renumbered and amended by Laws of Utah
510     2008, Chapter 3)
511          80-7-104, (Renumbered from 78A-6-804, as last amended by Laws of Utah 2010,
512     Chapter 259)
513          80-7-105, (Renumbered from 78A-6-805, as renumbered and amended by Laws of Utah
514     2008, Chapter 3)
515     REPEALS:
516          62A-4a-203.5, as last amended by Laws of Utah 2008, Chapter 3
517          62A-7-101, as last amended by Laws of Utah 2020, Chapter 214
518          62A-7-503, as renumbered and amended by Laws of Utah 2005, Chapter 13
519          62A-7-505, as last amended by Laws of Utah 2020, Chapter 214
520          78A-6-106, as last amended by Laws of Utah 2018, Chapter 285
521          78A-6-108, as last amended by Laws of Utah 2020, Chapter 214

522          78A-6-117, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
523     and 20
524          78A-6-119, as last amended by Laws of Utah 2019, Chapter 162
525          78A-6-121, as last amended by Laws of Utah 2017, Chapter 330
526          78A-6-310, as renumbered and amended by Laws of Utah 2008, Chapter 3
527          78A-6-604, as last amended by Laws of Utah 2019, Chapter 162
528          78A-6-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
529          78A-6-1102, as renumbered and amended by Laws of Utah 2008, Chapter 3
530          78A-6-1103, as last amended by Laws of Utah 2019, Chapters 136 and 335
531          78A-6-1107, as last amended by Laws of Utah 2020, Chapter 214
532          78A-6-1108, as last amended by Laws of Utah 2020, Chapter 214
533          78A-6-1111, as last amended by Laws of Utah 2020, Chapters 371, 392, and 395
534          78A-6-1201, as renumbered and amended by Laws of Utah 2008, Chapter 3
535          78A-6-1401, as enacted by Laws of Utah 2013, Chapter 340
536          78A-6-1402, as enacted by Laws of Utah 2013, Chapter 340
537          78A-6-1501, as enacted by Laws of Utah 2020, Chapter 218
538     Utah Code Sections Affected by Coordination Clause:
539          62A-4a-101, as last amended by Laws of Utah 2019, Chapters 259 and 335
540          76-3-201, as last amended by Laws of Utah 2017, Chapter 304
541          76-3-401.5, Utah Code Annotated 1953
542          77-38-601, Utah Code Annotated 1953
543          77-40-105, as last amended by Laws of Utah 2020, Chapters 177 and 218
544          80-3-102, Utah Code Annotated 1953
545          80-3-110, Utah Code Annotated 1953
546          80-6-206, Utah Code Annotated 1953
547     

548     Be it enacted by the Legislature of the state of Utah:
549          Section 1. Section 53G-6-201 is amended to read:
550          53G-6-201. Definitions.
551          As used in this part:
552          (1) (a) "Absence" or "absent" means the failure of a school-age child assigned to a class

553     or class period to attend a class or class period.
554          (b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
555     for the sake of a truancy.
556          [(2) "Minor" means a person under the age of 18 years.]
557          (2) "Educational neglect" means the same as that term is defined in Section 80-1-102.
558          (3) "Minor" means an individual who is under 18 years old.
559          [(3)] (4) "Parent" includes:
560          (a) a custodial parent of the minor;
561          (b) a legally appointed guardian of a minor; or
562          (c) any other person purporting to exercise any authority over the minor which could be
563     exercised by a person described in Subsection [(3)] (4)(a) or (b).
564          [(4)] (5) "School day" means the portion of a day that school is in session in which a
565     school-age child is required to be in school for purposes of receiving instruction.
566          [(5)] (6) "School year" means the period of time designated by a local school board or
567     charter school governing board as the school year for the school where the school-age child:
568          (a) is enrolled; or
569          (b) should be enrolled, if the school-age child is not enrolled in school.
570          [(6)] (7) "School-age child" means a minor who:
571          (a) is at least six years old but younger than 18 years old; and
572          (b) is not emancipated.
573          [(7)] (8) (a) "Truant" means a condition in which a school-age child, without a valid
574     excuse, and subject to Subsection [(7)] (8)(b), is absent for at least:
575          (i) half of the school day; or
576          (ii) if the school-age child is enrolled in a learner verified program, as that term is
577     defined by the state board, the relevant amount of time under the LEA's policy regarding the
578     LEA's continuing enrollment measure as it relates to truancy.
579          (b) A school-age child may not be considered truant under this part more than one time
580     during one day.
581          [(8)] (9) "Truant minor" means a school-age child who:
582          (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
583          (b) is truant.

584          [(9)] (10) (a) "Valid excuse" means:
585          (i) an illness, which may be either mental or physical;
586          (ii) a family death;
587          (iii) an approved school activity;
588          (iv) an absence permitted by a school-age child's:
589          (A) individualized education program; or
590          (B) Section 504 accommodation plan;
591          (v) an absence permitted in accordance with Subsection 53G-6-803(5); or
592          (vi) any other excuse established as valid by a local school board, charter school
593     governing board, or school district.
594          (b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
595     other than a reason described in Subsections [(9)] (10)(a)(i) through (vi), unless specifically
596     permitted by the local school board, charter school governing board, or school district under
597     Subsection [(9)] (10)(a)(vi).
598          Section 2. Section 53G-6-210, which is renumbered from Section 78A-6-319 is
599     renumbered and amended to read:
600          [78A-6-319].      53G-6-210. Educational neglect of a minor -- Procedures --
601     Defenses.
602          (1) With regard to a [child] minor who is the subject of a petition [under this chapter]
603     under Section 80-3-201 based on educational neglect:
604          (a) if allegations include failure of a [child] minor to make adequate educational
605     progress, the juvenile court shall permit demonstration of the [child's] minor's educational
606     skills and abilities based upon any of the criteria used in granting school credit, in accordance
607     with Section 53G-6-702;
608          (b) parental refusal to comply with actions taken by school authorities in violation of
609     Section 53G-10-202, 53G-10-205, 53G-10-403, or 53G-10-203, does not constitute educational
610     neglect;
611          (c) parental refusal to support efforts by a school to encourage a [child] minor to act in
612     accordance with any educational objective that focuses on the adoption or expression of a
613     personal philosophy, attitude, or belief that is not reasonably necessary to maintain order and
614     discipline in the school, prevent unreasonable endangerment of persons or property, or to

615     maintain concepts of civility and propriety appropriate to a school setting, does not constitute
616     educational neglect; and
617          (d) an allegation of educational neglect may not be sustained, based solely on a
618     [child's] minor's absence from school, unless the [child] minor has been absent from school or
619     from any given class, without good cause, for more than 10 consecutive school days or more
620     than 1/16 of the applicable school term.
621          (2) A [child] minor may not be considered to be educationally neglected, for purposes
622     of this chapter:
623          (a) unless there is clear and convincing evidence that:
624          (i) the [child] minor has failed to make adequate educational progress, and school
625     officials have complied with the requirements of Section 53G-6-206; and
626          (ii) the [child] minor is two or more years behind the local public school's age group
627     expectations in one or more basic skills, and is not receiving special educational services or
628     systematic remediation efforts designed to correct the problem;
629          (b) if the [child's] minor's parent or guardian establishes by a preponderance of the
630     evidence that:
631          (i) school authorities have failed to comply with the requirements of [Title 53G, Public
632     Education System -- Local Administration] this title;
633          (ii) the [child] minor is being instructed at home in compliance with Section
634     53G-6-204;
635          (iii) there is documentation that the [child] minor has demonstrated educational
636     progress at a level commensurate with the [child's] minor's ability;
637          (iv) the parent, guardian, or other person in control of the [child] minor has made a
638     good faith effort to secure the [child's] minor's regular attendance in school;
639          (v) good cause or a valid excuse exists for the [child's] minor's absence from school;
640          (vi) the [child] minor is not required to attend school [pursuant to] under court order or
641     is exempt under other applicable state or federal law;
642          (vii) the [student] minor has performed above the twenty-fifth percentile of the local
643     public school's age group expectations in all basic skills, as measured by a standardized
644     academic achievement test administered by the school district where the [student] minor
645     resides; or

646          (viii) the parent or guardian [has proffered] presented a reasonable alternative
647     curriculum to required school curriculum, in accordance with Section 53G-10-205 or
648     53G-10-403, [that] and the alternative curriculum was rejected by the school district, but the
649     parents have implemented the alternative curriculum; or
650          (c) if the [child] minor is attending school on a regular basis.
651          Section 3. Section 53G-6-211, which is renumbered from Section 78A-6-320 is
652     renumbered and amended to read:
653          [78A-6-320].      53G-6-211. Proceedings arising from failure to attend public
654     school.
655          (1) (a) When a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency
656     Proceedings, arises from a [child's] minor's failure to attend public school based upon the
657     assertion of a constitutional or statutory right or duty, raised either by the [child or by the
658     child's custodial] minor, or by the minor's parent, guardian, or custodian, the juvenile court
659     shall hear the petition and resolve the issues associated with the asserted constitutional or
660     statutory claims within 15 days after the day on which the petition is filed.
661          (b) The parties may waive the time limitation described in this subsection.
662          (2) Absent an emergency situation or other exigent circumstances, the juvenile court
663     may not enter any order changing the educational status of the [child] minor that existed at the
664     time the petition was filed, until the hearing described in Subsection (1) is concluded.
665          (3) [Parties] A party proceeding under this section shall, insofar as it is possible,
666     provide the juvenile court with factual stipulations and make all other efforts that are
667     reasonably available to minimize the time required to hear the claims described in Subsection
668     (1).
669          Section 4. Section 62A-4a-101 is amended to read:
670          62A-4a-101. Definitions.
671          As used in this chapter:
672          (1) "Abuse" means the same as that term is defined in Section [78A-6-105] 80-1-102.
673          (2) "Adoption services" means:
674          (a) placing children for adoption;
675          (b) subsidizing adoptions under Section 62A-4a-105;
676          (c) supervising adoption placements until the adoption is finalized by the court;

677          (d) conducting adoption studies;
678          (e) preparing adoption reports upon request of the court; and
679          (f) providing postadoptive placement services, upon request of a family, for the
680     purpose of stabilizing a possible disruptive placement.
681          (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
682     Children, [a person] an individual under 18 years [of age] old.
683          (4) "Child protection team" means a team consisting of:
684          (a) the caseworker assigned to the case;
685          (b) the caseworker who made the decision to remove the child;
686          (c) a representative of the school or school district where the child attends school;
687          (d) the peace officer who removed the child from the home;
688          (e) a representative of the appropriate Children's Justice Center, if one is established
689     within the county where the child resides;
690          (f) if appropriate, and known to the division, a therapist or counselor who is familiar
691     with the child's circumstances;
692          (g) members of a child protection unit; and
693          (h) any other individuals determined appropriate and necessary by the team coordinator
694     and chair.
695          (5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
696     city, town, metro township, or county that is composed of at least the following individuals
697     who are trained in the prevention, identification, and treatment of abuse or neglect:
698          (a) a law enforcement officer, as defined in Section 53-13-103; and
699          (b) a child advocate selected by the chief of police or a sheriff.
700          (6) (a) "Chronic abuse" means repeated or patterned abuse.
701          (b) "Chronic abuse" does not mean an isolated incident of abuse.
702          (7) (a) "Chronic neglect" means repeated or patterned neglect.
703          (b) "Chronic neglect" does not mean an isolated incident of neglect.
704          (8) "Consult" means an interaction between two persons in which the initiating person:
705          (a) provides information to another person;
706          (b) provides the other person an opportunity to respond; and
707          (c) takes the other person's response, if any, into consideration.

708          (9) "Consumer" means a person who receives services offered by the division in
709     accordance with this chapter.
710          (10) "Custody," with regard to the division, means the custody of a minor in the
711     division as of the date of disposition.
712          (11) "Day-care services" means care of a child for a portion of the day which is less
713     than 24 hours:
714          (a) in the child's own home by a responsible person; or
715          (b) outside of the child's home in a:
716          (i) day-care center;
717          (ii) family group home; or
718          (iii) family child care home.
719          (12) "Dependent child" or "dependency" means a child, or the condition of a child, who
720     is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
721          (13) "Director" means the director of the Division of Child and Family Services created
722     in Section 62A-4a-103.
723          (14) "Division" means the Division of Child and Family Services.
724          (15) "Domestic violence services" means:
725          (a) temporary shelter, treatment, and related services to:
726          (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
727          (ii) the dependent children of a person who is a victim of abuse, as defined in Section
728     78B-7-102; and
729          (b) treatment services for a person who is alleged to have committed, has been
730     convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
731          (16) "Educational neglect" means the same as that term is defined in Section 80-1-102.
732          [(16)] (17) "Harm" means the same as that term is defined in Section [78A-6-105]
733     80-1-102.
734          [(17)] (18) "Homemaking service" means the care of individuals in their domiciles, and
735     help given to individual caretaker relatives to achieve improved household and family
736     management through the services of a trained homemaker.
737          [(18)] (19) "Incest" means the same as that term is defined in Section [78A-6-105]
738     80-1-102.

739          [(19)] (20) "Indian child" means the same as that term is defined in 25 U.S.C. Sec.
740     1903.
741          [(20)] (21) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec.
742     1903.
743          [(21)] (22) "Minor" means, except as provided in Part 7, Interstate Compact on
744     Placement of Children[:], the same as that term is defined in Section 80-1-102.
745          [(a) a child; or]
746          [(b) a person:]
747          [(i) who is at least 18 years of age and younger than 21 years of age; and]
748          [(ii) for whom the division has been specifically ordered by the juvenile court to
749     provide services.]
750          [(22)] (23) "Molestation" means the same as that term is defined in Section
751     [78A-6-105] 80-1-102.
752          [(23)] (24) "Mutual case" means a case that has been:
753          (a) opened by the division under the division's discretion and procedures;
754          (b) opened by the law enforcement agency with jurisdiction over the case; and
755          (c) accepted for investigation by the child protection unit established by the chief of
756     police or sheriff, as applicable.
757          [(24) "Natural parent" means a minor's biological or adoptive parent, and includes a
758     minor's noncustodial parent.]
759          (25) "Natural parent" means the same as that term is defined in Section 80-1-102.
760          [(25)] (26) "Neglect" means the same as that term is defined in Section [78A-6-105]
761     80-1-102.
762          [(26) "Protective custody," with regard to the division, means the shelter of a child by
763     the division from the time the child is removed from the child's home until the earlier of:]
764          [(a) the shelter hearing; or]
765          [(b) the child's return home.]
766          (27) "Protective custody" means the same as that term is defined in Section 80-1-102.
767          [(27)] (28) "Protective services" means expedited services that are provided:
768          (a) in response to evidence of neglect, abuse, or dependency of a child;
769          (b) to a cohabitant who is neglecting or abusing a child, in order to:

770          (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
771     causes of neglect or abuse; and
772          (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
773          (c) in cases where the child's welfare is endangered:
774          (i) to bring the situation to the attention of the appropriate juvenile court and law
775     enforcement agency;
776          (ii) to cause a protective order to be issued for the protection of the child, when
777     appropriate; and
778          (iii) to protect the child from the circumstances that endanger the child's welfare
779     including, when appropriate:
780          (A) removal from the child's home;
781          (B) placement in substitute care; and
782          (C) petitioning the court for termination of parental rights.
783          [(28)] (29) "Severe abuse" means the same as that term is defined in Section
784     [78A-6-105] 80-1-102.
785          [(29)] (30) "Severe neglect" means the same as that term is defined in Section
786     [78A-6-105] 80-1-102.
787          [(30)] (31) "Sexual abuse" means the same as that term is defined in Section
788     [78A-6-105] 80-1-102.
789          [(31)] (32) "Sexual exploitation" means the same as that term is defined in Section
790     [78A-6-105] 80-1-102.
791          [(32)] (33) "Shelter care" means the temporary care of a minor in a nonsecure facility.
792          (34) "Shelter facility" means a nonsecure facility that provides shelter care for a minor.
793          [(33)] (35) "Sibling" means a child who shares or has shared at least one parent in
794     common either by blood or adoption.
795          [(34)] (36) "Sibling visitation" means services provided by the division to facilitate the
796     interaction between a child in division custody with a sibling of that child.
797          [(35)] (37) "State" means:
798          (a) a state of the United States;
799          (b) the District of Columbia;
800          (c) the Commonwealth of Puerto Rico;

801          (d) the Virgin Islands;
802          (e) Guam;
803          (f) the Commonwealth of the Northern Mariana Islands; or
804          (g) a territory or possession administered by the United States.
805          [(36)] (38) "State plan" means the written description of the programs for children,
806     youth, and family services administered by the division in accordance with federal law.
807          [(37)] (39) "Status offense" means [a violation of the law that would not be a violation
808     but for the age of the offender] the same as that term is defined in Section 80-1-102.
809          [(38)] (40) "Substance abuse" means the same as that term is defined in Section
810     [78A-6-105] 80-1-102.
811          [(39)] (41) "Substantiated" or "substantiation" means a judicial finding based on a
812     preponderance of the evidence that abuse or neglect occurred. Each allegation made or
813     identified in a given case shall be considered separately in determining whether there should be
814     a finding of substantiated.
815          [(40)] (42) "Substitute care" means:
816          (a) the placement of a minor in a family home, group care facility, or other placement
817     outside the minor's own home, either at the request of a parent or other responsible relative, or
818     upon court order, when it is determined that continuation of care in the minor's own home
819     would be contrary to the minor's welfare;
820          (b) services provided for a minor awaiting placement; and
821          (c) the licensing and supervision of a substitute care facility.
822          [(41)] (43) "Supported" means a finding by the division based on the evidence
823     available at the completion of an investigation that there is a reasonable basis to conclude that
824     abuse, neglect, or dependency occurred. Each allegation made or identified during the course
825     of the investigation shall be considered separately in determining whether there should be a
826     finding of supported.
827          [(42) "Temporary custody," with regard to the division, means the custody of a child in
828     the division from the date of the shelter hearing until disposition.]
829          (44) "Temporary custody" means, with regard to the division, the custody of a child
830     from the day on which the shelter hearing described in Section 80-3-301 is held until the day
831     on which the juvenile court enters a disposition under Section 80-3-405.

832          [(43)] (45) "Threatened harm" means the same as that term is defined in Section
833     [78A-6-105] 80-1-102.
834          [(44)] (46) "Transportation services" means travel assistance given to an individual
835     with escort service, if necessary, to and from community facilities and resources as part of a
836     service plan.
837          [(45)] (47) "Unsubstantiated" means a judicial finding that there is insufficient
838     evidence to conclude that abuse or neglect occurred.
839          [(46)] (48) "Unsupported" means a finding by the division at the completion of an
840     investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency
841     occurred. However, a finding of unsupported means also that the division did not conclude
842     that the allegation was without merit.
843          [(47)] (49) "Without merit" means a finding at the completion of an investigation by
844     the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
845     or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
846          Section 5. Section 62A-4a-202.1 is repealed and reenacted to read:
847          62A-4a-202.1. Removal or protective custody of a child -- Search warrants --
848     Temporary care of a child.
849          (1) A peace officer or a child welfare worker may not enter the home of a child whose
850     case is not under the jurisdiction of the court, remove a child from the child's home or school,
851     or take a child into protective custody unless:
852          (a) there exist exigent circumstances sufficient to relieve the peace officer or the child
853     welfare worker of the requirement to obtain a search warrant under Subsection (4) or (8);
854          (b) the peace officer or the child welfare worker obtains a search warrant under
855     Subsection (4) or (8);
856          (c) the peace officer or the child welfare worker obtains a court order after the child's
857     parent or guardian is given notice and an opportunity to be heard; or
858          (d) the peace officer or the child welfare worker obtains the consent of the child's
859     parent or guardian.
860          (2) A peace officer or a child welfare worker may not remove a child from the child's
861     home or take a child into custody under this section solely on the basis of:
862          (a) educational neglect, truancy, or failure to comply with a court order to attend

863     school; or
864          (b) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
865     Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
866     dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
867          (3) (a) A child welfare worker may take action under Subsection (1) accompanied by a
868     peace officer or without a peace officer if a peace officer is not reasonably available.
869          (b) Before taking a child into protective custody, and if possible and if consistent with
870     the child's safety and welfare, a child welfare worker shall determine whether there are services
871     available that, if provided to a parent or guardian of the child, would eliminate the need to
872     remove the child from the custody of the child's parent or guardian.
873          (c) If the services described in Subsection (3)(b) are reasonably available, the services
874     described in Subsection (3)(b) shall be utilized.
875          (d) In determining whether the services described in Subsection (3)(b) are reasonably
876     available, and in making reasonable efforts to provide the services described in Subsection
877     (3)(b), the child's health, safety, and welfare shall be the child welfare worker's paramount
878     concern.
879          (4) (a) The juvenile court may issue a warrant authorizing a peace officer or a child
880     welfare worker to search for a child and take the child into protective custody if it appears to
881     the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to
882     by a peace officer or any other individual, and upon the examination of other witnesses if
883     required by the juvenile court, that there is probable cause to believe that:
884          (i) there is a threat of substantial harm to the child's health or safety;
885          (ii) it is necessary to take the child into protective custody to avoid the harm described
886     in Subsection (4)(a)(i); and
887          (iii) it is likely that the child will suffer substantial harm if the parent or guardian of the
888     child is given notice and an opportunity to be heard before the child is taken into protective
889     custody.
890          (b) In accordance with Section 77-23-210, a peace officer making the search may enter
891     a house or premises by force, if necessary, in order to remove the child.
892          (c) The individual executing the warrant shall take the child to a shelter facility
893     designated by the juvenile court or the division or to an emergency placement if the division

894     makes an emergency placement under Section 62A-4a-209.
895          (5) If a peace officer or a child welfare worker takes a child into protective custody
896     under Subsection (1), the peace officer or the child welfare worker shall:
897          (a) notify the child's parent or guardian as described in Section 62A-4a-202.2;
898          (b) release the child to the care of the child's parent, guardian, or another responsible
899     adult, unless:
900          (i) the child's immediate welfare requires the child remain in protective custody; or
901          (ii) the protection of the community requires the child's detention in accordance with
902     Title 80, Chapter 6, Part 2, Custody and Detention.
903          (6) If a peace officer or a child welfare worker takes a child to a shelter facility, the
904     peace officer or the child welfare worker shall promptly file a written report, on a form
905     provided by the division, with the shelter facility.
906          (7) (a) A child removed or taken into protective custody under this section may not be
907     placed or kept in detention, as defined in Section 80-1-102, pending court proceedings, unless
908     the child may be held in detention under Title 80, Chapter 6, Part 2, Custody and Detention.
909          (b) A child removed from the custody of the child's parent or guardian but who does
910     not require physical restriction shall be given temporary care in:
911          (i) a shelter facility; or
912          (ii) an emergency placement in accordance with Section 62A-4a-209.
913          (c) When making a placement under Subsection (7)(b), the division shall give priority
914     to a placement with a noncustodial parent, relative, or friend in accordance with Section
915     62A-4a-209.
916          (d) If the child is not placed with a noncustodial parent, a relative, or a designated
917     friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
918     explaining why a different placement was in the child's best interest.
919          (8) A juvenile court shall issue a warrant authorizing a peace officer or a child welfare
920     worker to search for a child who is missing, has been abducted, or has run away, and take the
921     child into custody if the court determines that:
922          (a) the child is in the legal custody of the division; and
923          (b) the child is missing, has been abducted, or has run away.
924          (9) When a juvenile court issues a warrant under Subsection (8):

925          (a) the division shall notify the child's parent or guardian who has a right to parent-time
926     with the child;
927          (b) the court shall order:
928          (i) the law enforcement agency that has jurisdiction over the location from which the
929     child ran away to enter a record of the warrant into the National Crime Information Center
930     database within 24 hours after the time in which the law enforcement agency receives a copy of
931     the warrant; and
932          (ii) the division to notify the law enforcement agency described in Subsection (9)(b)(i)
933     of the order described in Subsection (9)(b)(i); and
934          (c) the court shall specify the location to which the peace officer or the child welfare
935     worker shall transport the child.
936          (10) (a) The parent or guardian to be notified under Subsection (9) must be:
937          (i) the child's primary caregiver; or
938          (ii) the parent or guardian who has custody of the child when the order is sought.
939          (b) The person required to provide notice under Subsection (9) shall make a good faith
940     effort to provide notice to a parent or guardian who:
941          (i) is not required to be notified under Subsection (10)(a); and
942          (ii) has a right to parent-time with the child.
943          Section 6. Section 62A-4a-202.2 is amended to read:
944          62A-4a-202.2. Notice upon removal of a child -- Locating noncustodial parent --
945     Information provided to parent, guardian, or responsible adult.
946          (1) (a) [Any peace officer or caseworker] A peace officer or a child welfare worker
947     who takes a child into protective custody [pursuant to Section 62A-4a-202.1] under Subsection
948     62A-4a-202.1(1), shall immediately use reasonable efforts to locate and inform, through the
949     most efficient means available, the parents, including a noncustodial parent, the guardian, or
950     responsible relative:
951          (i) that the child has been taken into protective custody;
952          (ii) the reasons for removal and placement of the child in protective custody;
953          (iii) that [a written statement is available that explains] the parent, guardian, or relative
954     will be provided with information on:
955          (A) the parent's or guardian's procedural rights; and

956          (B) the preliminary stages of the investigation and shelter hearing;
957          (iv) of a telephone number where the parent or guardian may access further
958     information;
959          (v) that the child and the child's parent or guardian are entitled to have an attorney
960     present at the shelter hearing;
961          (vi) that if the child's parent or guardian is [impecunious] an indigent individual, as
962     defined in Section 78B-22-102, and desires to have an attorney, one will be provided; and
963          (vii) that resources are available to assist the child's parent or guardian, including:
964          (A) a parent advocate;
965          (B) a qualified attorney; or
966          (C) potential expert witnesses to testify on behalf of the[:] child, the child's parent or
967     guardian, or the child's family.
968          [(I) child;]
969          [(II) child's parent;]
970          [(III) child's guardian; or]
971          [(IV) child's family.]
972          (b) For purposes of locating and informing the noncustodial parent as required in
973     Subsection (1)(a), the division shall search for the noncustodial parent through the national
974     parent locator database if the division is unable to locate the noncustodial parent through other
975     reasonable efforts.
976          [(2) (a) The Office of the Attorney General shall adopt, print, and distribute a form for
977     the written statement described in Subsection (1)(a)(iii).]
978          [(b) The statement described in Subsections (1)(a)(iii) and (2)(a) shall:]
979          [(i) be made available to the division and for distribution in:]
980          (2) At the time that a child is taken into protective custody under Subsection
981     62A-4a-202.1(1), the child's parent or a guardian shall be provided an informational packet
982     with:
983          (a) all of the information described in Subsection (1);
984          (b) information on the conditions under which a child may be released;
985          (c) information on resources that are available to the parent or guardian, including:
986          (i) mental health resources;

987          (ii) substance abuse resources; and
988          (iii) parenting classes; and
989          (d) any other information considered relevant by the division.
990          (3) The informational packet described in Subsection (2) shall be:
991          (a) evaluated periodically for the effectiveness of the informational packet at conveying
992     necessary information and revised accordingly;
993          (b) written in simple, easy-to-understand language;
994          (c) available in English and other languages as the division determines to be
995     appropriate and necessary; and
996          (d) made available for distribution in:
997          [(A)] (i) schools;
998          [(B)] (ii) health care facilities;
999          [(C)] (iii) local police and sheriff's offices;
1000          [(D)] (iv) the division; and
1001          [(E)] (v) any other appropriate office within the Department of Human Services[;].
1002          [(ii) be in simple language; and]
1003          [(iii) include at least the following information:]
1004          [(A) the conditions under which a child may be released;]
1005          [(B) hearings that may be required;]
1006          [(C) the means by which the parent or guardian may access further specific information
1007     about a child's case and conditions of protective and temporary custody; and]
1008          [(D) the rights of a child and of the parent or guardian to legal counsel and to appeal.]
1009          [(3)] (4) If reasonable efforts are made by the peace officer or caseworker to notify the
1010     parent or guardian or a responsible relative in accordance with the requirements of Subsection
1011     (1), failure to notify:
1012          (a) shall be considered to be due to circumstances beyond the control of the peace
1013     officer or caseworker; and
1014          (b) may not be construed to:
1015          (i) permit a new defense to any juvenile or judicial proceeding; or
1016          (ii) interfere with any rights, procedures, or investigations provided for by this chapter
1017     or [Title 78A, Chapter 6, Juvenile Court Act of 1996] Title 80, Chapter 3, Abuse, Neglect, and

1018     Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.
1019          Section 7. Section 62A-5-308 is amended to read:
1020          62A-5-308. Commitment -- Individual who is under 18 years old.
1021          (1) [Beginning July 1, 1993, the] The director of the division, or the director's designee,
1022     may commit an individual under 18 years [of age] old who has an intellectual disability or
1023     symptoms of an intellectual disability, to the division for observation, diagnosis, care, and
1024     treatment if that commitment is based on:
1025          [(1) involuntary commitment under the provisions of Section 62A-5-312. Proceedings
1026     for involuntary commitment of an individual under 18 years of age may be commenced by
1027     filing a written petition with the juvenile court under Section 62A-5-312. The juvenile court
1028     has jurisdiction to proceed in the same manner and with the same authority as the district court;
1029     or]
1030          [(2) an emergency commitment in accordance with the provisions of Section
1031     62A-5-311.]
1032          (a) an emergency commitment in accordance with Section 62A-5-311: or
1033          (b) involuntary commitment in accordance with Section 62A-5-312.
1034          (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
1035     commenced by filing a written petition with the juvenile court under Section 62A-5-312.
1036          (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
1037     described in Subsection 78A-6-103(2)(f).
1038          (b) A juvenile court shall proceed with the written petition in the same manner and
1039     with the same authority as the district court.
1040          (4) If an individual who is under 18 years old is committed to the custody of the Utah
1041     State Developmental Center by the juvenile court, the director or the director's designee shall
1042     give the juvenile court written notice of the intention to release the individual not fewer than
1043     five days before the day on which the individual is released.
1044          Section 8. Section 62A-5-309 is amended to read:
1045          62A-5-309. Commitment -- Individual who is 18 years old or older.
1046          (1) [Beginning July 1, 1993, the] The director, or [his] the director's designee may
1047     commit to the division an individual 18 years [of age] old or older who has an intellectual
1048     disability, for observation, diagnosis, care, and treatment if that commitment is based on:

1049          [(1)] (a) involuntary commitment [under the provisions of] in accordance with Section
1050     62A-5-312; or
1051          [(2)] (b) temporary emergency commitment [under the provisions of] in accordance
1052     with Section 62A-5-311.
1053          (2) If an individual who is 18 years old or older is committed to the custody of the Utah
1054     State Developmental Center by the juvenile court, the director or the director's designee shall
1055     give the juvenile court written notice of the intention to release the individual not fewer than
1056     five days before the day on which the individual is released.
1057          Section 9. Section 62A-15-705 is amended to read:
1058          62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Custody.
1059          (1) (a) Subject to Subsection (1)(b), [commitment proceedings] a commitment
1060     proceeding for a child may be commenced by filing a written application with the juvenile
1061     court of the county in which the child resides or is found, in accordance with the procedures
1062     described in Section 62A-15-631.
1063          (b) [Commitment proceedings] A commitment proceeding under this section may be
1064     commenced only after a commitment proceeding under Section 62A-15-703 has concluded
1065     without the child being committed.
1066          (2) The juvenile court shall order commitment to the physical custody of a local mental
1067     health authority if, upon completion of the hearing and consideration of the record, [it] the
1068     juvenile court finds by clear and convincing evidence that:
1069          (a) the child has a mental illness, as defined in Section 62A-15-602;
1070          (b) the child demonstrates a risk of harm to [himself] the child or others;
1071          (c) the child is experiencing significant impairment in the child's ability to perform
1072     socially;
1073          (d) the child will benefit from the proposed care and treatment; and
1074          (e) there is no appropriate less restrictive alternative.
1075          (3) The juvenile court may not commit a child under Subsection (1) directly to the
1076     Utah State Hospital.
1077          [(3)] (4) The local mental health authority has an affirmative duty to:
1078          (a) conduct periodic reviews of children committed to [its custody pursuant to] the
1079     local mental health authority's custody in accordance with this section[, and to]; and

1080          (b) release any child who has sufficiently improved so that the local mental health
1081     authority, or [its] the local mental authority's designee, determines that commitment is no
1082     longer appropriate.
1083          (5) If a child is committed to the custody of a local mental health authority, or the local
1084     mental health authority's designee, by the juvenile court, the local mental health authority, or
1085     the local mental health authority's designee, shall give the juvenile court written notice of the
1086     intention to release the child not fewer than five days before the day on which the child is
1087     released.
1088          Section 10. Section 76-8-311.5, which is renumbered from Section 62A-7-402 is
1089     renumbered and amended to read:
1090          [62A-7-402].      76-8-311.5. Aiding or concealing a juvenile offender --
1091     Trespass of a secure care facility -- Criminal penalties.
1092          (1) As used in this section:
1093          (a) "Division" means the Division of Juvenile Justice Services created in Section
1094     80-5-103.
1095          (b) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
1096          (c) "Secure care" means the same as that term is defined in Section 80-1-102.
1097          (d) "Secure care facility" means the same as that term is defined in Section 80-1-102.
1098          [(1)] (2) An individual who commits any of the following offenses is guilty of a class
1099     A misdemeanor:
1100          (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
1101     juvenile offenders, without permission;
1102          (b) entering any premises belonging to a secure care facility and committing or
1103     attempting to commit a trespass or damage on [those premises] the premises of a secure care
1104     facility; or
1105          (c) willfully annoying or disturbing the peace and quiet of a secure care facility or of a
1106     juvenile offender in a secure care facility.
1107          [(2)] (3) An individual is guilty of a third degree felony who:
1108          (a) knowingly harbors or conceals a juvenile offender who has:
1109          (i) escaped from [a secure facility] secure care; or
1110          (ii) as described in Subsection (4), absconded from:

1111          (A) a facility or supervision; or
1112          (B) supervision of the division; or
1113          (b) willfully aided or assisted a juvenile offender who has been lawfully committed to a
1114     secure care facility in escaping or attempting to escape from [that] the secure care facility.
1115          [(3)] (4) As used in this section:
1116          (a) a juvenile offender absconds from a facility under this section when the juvenile
1117     offender:
1118          (i) leaves the facility without permission; or
1119          (ii) fails to return at a prescribed time.
1120          (b) A juvenile offender absconds from supervision when the juvenile offender:
1121          (i) changes the juvenile offender's residence from the residence that the juvenile
1122     offender reported to the division as the juvenile offender's correct address to another residence,
1123     without notifying the division or obtaining permission; or
1124          (ii) for the purpose of avoiding supervision:
1125          (A) hides at a different location from the juvenile offender's reported residence; or
1126          (B) leaves the juvenile offender's reported residence.
1127          Section 11. Section 76-8-418 is amended to read:
1128          76-8-418. Damaging jails or other places of confinement.
1129          (1) As used in this section:
1130          (a) "Child" means the same as that term is defined in Section 80-1-102.
1131          (b) "Detention facility" means the same as that term is defined in Section 80-1-102.
1132          (c) "Secure care facility" means the same as that term is defined in Section 80-1-102.
1133          (d) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
1134          (2) A person who willfully and intentionally breaks down, pulls down, destroys, floods,
1135     or otherwise damages any public jail or other place of confinement, including a detention[,
1136     shelter, or secure confinement facility for juveniles] facility, a shelter facility, or a secure care
1137     facility, is guilty of a felony of the third degree.
1138          (3) This section is applicable to a child who willfully and intentionally commits an
1139     offense against a public jail, a detention facility, a shelter facility, or a secure care facility.
1140          Section 12. Section 78A-2-801 is enacted to read:
1141     
Part 8. Guardian Ad Litem


1142          78A-2-801. Definitions.
1143          As used in this chapter:
1144          (1) "Abuse, neglect, or dependency petition" means the same as that term is defined in
1145     Section 80-3-102.
1146          (2) "Attorney guardian ad litem" means an attorney employed by the office.
1147          (3) "Director" means the director of the office.
1148          (4) "Division" means the Division of Child and Family Services created in Section
1149     62A-4a-103.
1150          (5) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
1151     guardian ad litem.
1152          (6) "Indigent individual" means the same as that term is defined in Section
1153     78B-22-102.
1154          (7) "Minor" means the same as that term is defined in Section 80-1-102.
1155          (8) "Office" means the Office of Guardian ad Litem created in Section 78A-2-802.
1156          (9) "Private attorney guardian ad litem" means an attorney designated by the office in
1157     accordance with Section 78A-2-705 who is not an employee of the office.
1158          Section 13. Section 78A-2-802, which is renumbered from Section 78A-6-901 is
1159     renumbered and amended to read:
1160          [78A-6-901].      78A-2-802. Office of Guardian ad Litem -- Appointment of
1161     director -- Duties of director -- Contracts in second, third, and fourth districts.
1162          [(1) As used in this part:]
1163          [(a) "Attorney guardian ad litem" means an attorney employed by the office.]
1164          [(b) "Director" means the director of the office.]
1165          [(c) "Office" means the Office of Guardian ad Litem, created in this section.]
1166          [(d) "Private attorney guardian ad litem" means an attorney designated by the office
1167     pursuant to Section 78A-2-705 who is not an employee of the office.]
1168          [(2)] (1) There is created the Office of Guardian ad Litem under the direct supervision
1169     of the Guardian ad Litem Oversight Committee described in Subsection 78A-2-104(13).
1170          [(3)] (2) (a) The Guardian ad Litem Oversight Committee shall appoint one [person]
1171     individual to serve full time as the guardian ad litem director for the state.
1172          (b) The guardian ad litem director shall:

1173          (i) serve at the pleasure of the Guardian ad Litem Oversight Committee, in consultation
1174     with the state court administrator[.];
1175          [(b)] (ii) [The director shall] be an attorney licensed to practice law in this state and
1176     selected on the basis of:
1177          [(i)] (A) professional ability;
1178          [(ii)] (B) experience in abuse, neglect, and dependency proceedings;
1179          [(iii)] (C) familiarity with the role, purpose, and function of guardians ad litem in both
1180     juvenile and district courts; and
1181          [(iv)] (D) ability to develop training curricula and reliable methods for data collection
1182     and evaluation[.]; and
1183          [(c)] (iii) [The director shall, prior to] before or immediately after the director's
1184     appointment, be trained in nationally recognized standards for an attorney guardian ad litem.
1185          [(4)] (3) The guardian ad litem director shall:
1186          (a) establish policy and procedure for the management of a statewide guardian ad litem
1187     program;
1188          (b) manage the guardian ad litem program to assure that [minors receive] a minor
1189     receives qualified guardian ad litem services in an abuse, neglect, and dependency
1190     [proceedings] proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency
1191     Proceedings, in accordance with state and federal law and policy;
1192          (c) develop standards for contracts of employment and contracts with independent
1193     contractors, and employ or contract with attorneys licensed to practice law in this state, to act
1194     as attorney guardians ad litem in accordance with Section [78A-6-902] 78A-2-803;
1195          (d) develop and provide training programs for volunteers in accordance with the United
1196     States Department of Justice National Court Appointed Special Advocates Association
1197     standards;
1198          (e) develop and update a guardian ad litem manual that includes:
1199          (i) best practices for an attorney guardian ad litem; and
1200          (ii) statutory and case law relating to an attorney guardian ad litem;
1201          (f) develop and provide a library of materials for the continuing education of attorney
1202     guardians ad litem and volunteers;
1203          (g) educate court personnel regarding the role and function of guardians ad litem;

1204          (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
1205     that guardian ad litem training programs correspond with actual and perceived needs for
1206     training;
1207          (i) design and implement evaluation tools based on specific objectives targeted in the
1208     needs assessments described in Subsection [(4)] (3)(h);
1209          (j) prepare and submit an annual report to the Guardian ad Litem Oversight Committee
1210     and the Child Welfare Legislative Oversight Panel created in Section 62A-4a-207 regarding:
1211          (i) the development, policy, and management of the statewide guardian ad litem
1212     program;
1213          (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
1214          (iii) the number of minors served by the office;
1215          (k) hire, train, and supervise investigators; and
1216          (l) administer the program of private attorney guardians ad litem established by Section
1217     78A-2-705.
1218          [(5)] (4) A contract of employment or independent contract described under Subsection
1219     [(4)] (3)(c) shall provide that [attorney guardians] an attorney guardian ad litem in the second,
1220     third, and fourth judicial districts devote [their] the attorney guardian's ad litem full time and
1221     attention to the role of attorney guardian ad litem, having no clients other than the minors
1222     whose interest [they represent] the attorney guardian ad litem represents within the guardian ad
1223     litem program.
1224          Section 14. Section 78A-2-803, which is renumbered from Section 78A-6-902 is
1225     renumbered and amended to read:
1226          [78A-6-902].      78A-2-803. Appointment of attorney guardian ad litem --
1227     Duties and responsibilities -- Training -- Trained staff and court-appointed special
1228     advocate volunteers -- Costs -- Immunity -- Annual report.
1229          (1) (a) The court:
1230          (i) may appoint an attorney guardian ad litem to represent the best interest of a minor
1231     involved in any case before the court; and
1232          (ii) shall consider the best interest of a minor, consistent with the provisions of Section
1233     62A-4a-201, in determining whether to appoint a guardian ad litem.
1234          (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a

1235     finding that establishes the necessity of the appointment.
1236          (2) An attorney guardian ad litem shall represent the best interest of each [child] minor
1237     who may become the subject of [a petition alleging abuse, neglect, or dependency,] an abuse,
1238     neglect, or dependency petition from the earlier of [the day that]:
1239          (a) the [child] day on which the minor is removed from the [child's] minor's home by
1240     the division; or
1241          (b) the day on which the abuse, neglect, or dependency petition is filed.
1242          (3) The director shall ensure that each attorney guardian ad litem employed by the
1243     office:
1244          (a) represents the best interest of each client of the office in all venues, including:
1245          (i) court proceedings; and
1246          (ii) meetings to develop, review, or modify the child and family plan with the [Division
1247     of Child and Family Services] division in accordance with Section 62A-4a-205;
1248          (b) [prior to] before representing any minor before the court, be trained in:
1249          (i) applicable statutory, regulatory, and case law; and
1250          (ii) nationally recognized standards for an attorney guardian ad litem;
1251          (c) conducts or supervises an ongoing, independent investigation in order to obtain,
1252     first-hand, a clear understanding of the situation and needs of the minor;
1253          (d) (i) personally meets with the minor, unless:
1254          (A) the minor is outside of the state; or
1255          (B) meeting with the minor would be detrimental to the minor;
1256          (ii) personally interviews the minor, unless:
1257          (A) the minor is not old enough to communicate;
1258          (B) the minor lacks the capacity to participate in a meaningful interview; or
1259          (C) the interview would be detrimental to the minor; and
1260          (iii) if the minor is placed in an out-of-home placement, or is being considered for
1261     placement in an out-of-home placement, unless it would be detrimental to the minor:
1262          (A) to the extent possible, determines the minor's goals and concerns regarding
1263     placement; and
1264          (B) personally assesses or supervises an assessment of the appropriateness and safety
1265     of the minor's environment in each placement;

1266          (e) personally attends all review hearings pertaining to the minor's case;
1267          (f) participates in all appeals, unless excused by order of the court;
1268          (g) is familiar with local experts who can provide consultation and testimony regarding
1269     the reasonableness and appropriateness of efforts made by the [Division of Child and Family
1270     Services] division to:
1271          (i) maintain a minor in the minor's home; or
1272          (ii) reunify [a child with the child's parent] a minor with a minor's parent;
1273          (h) to the extent possible, and unless it would be detrimental to the minor, personally
1274     or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
1275          (i) the status of the minor's case;
1276          (ii) all court and administrative proceedings;
1277          (iii) discussions with, and proposals made by, other parties;
1278          (iv) court action; and
1279          (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
1280     provided to the minor;
1281          (i) in cases where a child and family plan is required, personally or through a trained
1282     volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
1283     family plan and any dispositional orders to:
1284          (i) determine whether services ordered by the court:
1285          (A) are actually provided; and
1286          (B) are provided in a timely manner; and
1287          (ii) attempt to assess whether services ordered by the court are accomplishing the
1288     intended goal of the services; and
1289          (j) makes all necessary court filings to advance the [guardian ad litem's] guardian's ad
1290     litem position regarding the best interest of the [child] minor.
1291          (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
1292     trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
1293     Act, trained paralegals, and other trained staff to assist in investigation and preparation of
1294     information regarding the cases of individual minors before the court.
1295          (b) [All volunteers, paralegals, and staff utilized pursuant to] A volunteer, paralegal, or
1296     other staff utilized under this section shall be trained in and follow, at a minimum, the

1297     guidelines established by the United States Department of Justice Court Appointed Special
1298     Advocate Association.
1299          (5) The attorney guardian ad litem shall continue to represent the best interest of the
1300     minor until released from that duty by the court.
1301          (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
1302          (i) all costs resulting from the appointment of an attorney guardian ad litem; and
1303          (ii) the costs of volunteer, paralegal, and other staff appointment and training.
1304          (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
1305     program to cover the costs described in Subsection (6)(a).
1306          (c) (i) When the court appoints an attorney guardian ad litem under this section, the
1307     court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
1308     expenses against the [child's] minor's parents, parent, or legal guardian in a proportion that the
1309     court determines to be just and appropriate, taking into consideration costs already borne by the
1310     parents, parent, or legal guardian, including:
1311          (A) private attorney fees;
1312          (B) counseling for the [child] minor;
1313          (C) counseling for the parent, if mandated by the court or recommended by the
1314     [Division of Child and Family Services] division; and
1315          (D) any other cost the court determines to be relevant.
1316          (ii) The court may not assess [those] the fees or costs described in Subsection (6)(c)(i)
1317     against:
1318          (A) a legal guardian, when that guardian is the state; or
1319          (B) consistent with Subsection (6)(d), a parent who is found to be [impecunious] an
1320     indigent individual.
1321          (d) For purposes of Subsection (6)(c)(ii)(B), if [a person] an individual claims to be
1322     [impecunious] an indigent individual, the court shall:
1323          (i) require [that person] the individual to submit an affidavit of [impecuniosity]
1324     indigence as provided in Section 78A-2-302; and
1325          (ii) follow the procedures and make the determinations as provided in Section
1326     78A-2-304.
1327          (e) The [child's] minor's parents, parent, or legal guardian may appeal the court's

1328     determination, under Subsection (6)(c), of fees, costs, and expenses.
1329          (7) An attorney guardian ad litem appointed under this section, when serving in the
1330     scope of the attorney [guardian ad litem's] guardian's ad litem duties as guardian ad litem is
1331     considered an employee of the state for purposes of indemnification under Title 63G, Chapter
1332     7, Governmental Immunity Act of Utah.
1333          (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
1334          (b) If the minor's wishes differ from the attorney's determination of the minor's best
1335     interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
1336     addition to presenting the attorney's determination of the minor's best interest.
1337          (c) A difference between the minor's wishes and the attorney's determination of best
1338     interest may not be considered a conflict of interest for the attorney.
1339          (d) The guardian ad litem shall disclose the wishes of the [child unless the child] minor
1340     unless the minor:
1341          (i) instructs the guardian ad litem to not disclose the [child's] minor's wishes; or
1342          (ii) has not expressed any wishes.
1343          (e) The court may appoint one attorney guardian ad litem to represent the best interests
1344     of more than one [child] minor of a marriage.
1345          (9) [An] The division shall provide an attorney guardian ad litem [shall be provided]
1346     access to all [Division of Child and Family Services] division records regarding the minor at
1347     issue and the minor's family.
1348          (10) (a) An attorney guardian ad litem shall conduct an independent investigation
1349     regarding the minor at issue, the minor's family, and what [constitutes] is in the best interest of
1350     the minor.
1351          (b) An attorney guardian ad litem may interview the minor's [Division of Child and
1352     Family Services caseworker] child welfare worker, but may not:
1353          (i) rely exclusively on the conclusions and findings of the [Division of Child and
1354     Family Services] division; or
1355          (ii) except as provided in Subsection (10)(c), conduct a visit with the client in
1356     conjunction with the visit of a [Division of Child and Family Services caseworker] child
1357     welfare worker.
1358          (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,

1359     court hearing, or similar venue when a [Division of Child and Family Services caseworker]
1360     child welfare worker is present for a purpose other than the attorney guardian ad litem's
1361     meeting with the client.
1362          (ii) A party and the party's counsel may attend a team meeting in accordance with the
1363     Utah Rules of Professional Conduct.
1364          (11) (a) An attorney guardian ad litem shall maintain current and accurate records
1365     regarding:
1366          (i) the number of times the attorney has had contact with each minor; and
1367          (ii) the actions the attorney has taken in representation of the minor's best interest.
1368          (b) In every hearing where the attorney guardian ad litem makes a recommendation
1369     regarding the best interest of the [child] minor, the court shall require the attorney guardian ad
1370     litem to disclose the factors that form the basis of the recommendation.
1371          (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
1372     Chapter 2, Government Records Access and Management Act, all records of an attorney
1373     guardian ad litem are confidential and may not be released or made public upon subpoena,
1374     search warrant, discovery proceedings, or otherwise. [This subsection supersedes Title 63G,
1375     Chapter 2, Government Records Access and Management Act.]
1376          (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
1377          (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
1378     Subpoena Powers; and
1379          (ii) shall be released to the Legislature.
1380          (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
1381     records released in accordance with Subsection (12)(b) [shall be maintained] as confidential
1382     [by the Legislature].
1383          (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
1384     General may include summary data and nonidentifying information in [its] the office's audits
1385     and reports to the Legislature.
1386          (d) (i) Subsection (12)(b) [constitutes] is an exception to Rules of Professional
1387     Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of:
1388          (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
1389          (B) the state's role and responsibility[: (I)] to provide a guardian ad litem program[; and

1390     (II)], and as parens patriae, to protect minors.
1391          (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
1392     guardian ad litem by the Legislature, through legislative subpoena.
1393          Section 15. Section 78A-2-804, which is renumbered from Section 78A-6-903 is
1394     renumbered and amended to read:
1395          [78A-6-903].      78A-2-804. Guardian Ad Litem Services Account established
1396     -- Funding.
1397          (1) There is created [in the General Fund] a restricted account in the General Fund
1398     known as the Guardian Ad Litem Services Account, for the purpose of funding the [Office of
1399     Guardian Ad Litem] office, in accordance with [the provisions of Sections 78A-6-901 and
1400     78A-6-902] this part.
1401          (2) The account shall be funded by the donation described in Subsection
1402     41-1a-422(1)(a)(i)(F).
1403          Section 16. Section 78A-6-101 is amended to read:
1404     
CHAPTER 6. JUVENILE COURT

1405          78A-6-101. Title.
1406          This chapter is known as [the] "Juvenile Court [Act]."
1407          Section 17. Section 78A-6-101.5 is enacted to read:
1408          78A-6-101.5. Definitions.
1409          The terms defined in Section 80-1-102 apply to this chapter.
1410          Section 18. Section 78A-6-102 is amended to read:
1411          78A-6-102. Establishment of juvenile court -- Organization and status of court --
1412     Purpose.
1413          (1) There is established a juvenile court for the state [a juvenile court].
1414          (2) (a) The juvenile court is a court of record. [It]
1415          (b) The juvenile court shall have a seal[, and its].
1416          (c) The juvenile court's judges, clerks, and referees have the power to administer oaths
1417     and affirmations.
1418          (d) The juvenile court has the authority to issue search warrants, subpoenas, or
1419     investigative subpoenas under Section 62A-4a-202.1, Chapter 4a, Adult Criminal Proceedings,
1420     and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination

1421     and Restoration of Parental Rights, and Chapter 6, Juvenile Justice, for the same purposes and
1422     in the same manner as described in Title 77, Utah Code of Criminal Procedure, and the Utah
1423     Rules of Criminal Procedure, for the issuance of search warrants, subpoenas, or investigative
1424     subpoenas in other trial courts in the state.
1425          (3) The juvenile court is of equal status with the district courts of the state.
1426          (4) The juvenile court is established as a forum for the resolution of all matters
1427     properly brought before [it] the juvenile court, consistent with applicable constitutional and
1428     statutory requirements of due process.
1429          (5) The purpose of the court under this chapter is to:
1430          (a) promote public safety and individual accountability by the imposition of
1431     appropriate sanctions on persons who have committed acts in violation of law;
1432          (b) order appropriate measures to promote guidance and control, preferably in the
1433     minor's own home, as an aid in the prevention of future unlawful conduct and the development
1434     of responsible citizenship;
1435          (c) where appropriate, order rehabilitation, reeducation, and treatment for persons who
1436     have committed acts bringing them within the court's jurisdiction;
1437          (d) adjudicate matters that relate to minors who are beyond parental or adult control
1438     and to establish appropriate authority over these minors by means of placement and control
1439     orders;
1440          (e) adjudicate matters that relate to abused, neglected, and dependent children and to
1441     provide care and protection for minors by placement, protection, and custody orders;
1442          (f) remove a minor from parental custody only where the minor's safety or welfare, or
1443     the public safety, may not otherwise be adequately safeguarded; and
1444          (g) consistent with the ends of justice, act in the best interests of the minor in all cases
1445     and preserve and strengthen family ties.
1446          Section 19. Section 78A-6-103 is amended to read:
1447          78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
1448     Findings -- Transfer of a case from another court.
1449          (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1450     78A-7-106(2), the juvenile court has original jurisdiction over:
1451          (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,

1452     state, or federal law, that was committed by a child; and
1453          (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1454     state, or federal law, that was committed by an individual:
1455          (i) who is under 21 years old at the time of all court proceedings; and
1456          (ii) who was under 18 years old at the time the offense was committed.
1457          (2) The juvenile court has original jurisdiction over any proceeding concerning:
1458          (a) a child who is an abused child, neglected child, or dependent child[, as those terms
1459     are defined in Section 78A-6-105];
1460          (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
1461     Protective Orders[, which the juvenile court may transfer to the district court if the juvenile
1462     court has entered an ex parte protective order and finds that:];
1463          [(i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1464     parent of the child who is the object of the petition;]
1465          [(ii) the district court has a petition pending or an order related to custody or
1466     parent-time entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 6,
1467     Cohabitant Abuse Protective Orders, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in
1468     which the petitioner and the respondent are parties; and]
1469          [(iii) the best interests of the child will be better served in the district court;]
1470          (c) the appointment of a guardian of the individual or other guardian of a minor who
1471     comes within the court's jurisdiction under other provisions of this section;
1472          (d) the emancipation of a minor in accordance with [Part 8, Emancipation] Title 80,
1473     Chapter 7, Emancipation;
1474          (e) the termination of [the legal parent-child relationship] parental rights in accordance
1475     with [Part 5, Termination of Parental Rights Act] Title 80, Chapter 4, Termination and
1476     Restoration of Parental Rights, including termination of residual parental rights and duties;
1477          (f) the treatment or commitment of a minor who has an intellectual disability;
1478          (g) the judicial consent to the marriage of a minor who is 16 or 17 years old [upon a
1479     determination of voluntariness or where otherwise required by law] in accordance with Section
1480     30-1-9;
1481          [(h) any parent of a child committed to a secure youth facility, to order, at the
1482     discretion of the court and on the recommendation of a secure facility, the parent of a child

1483     committed to a secure facility for a custodial term, to undergo group rehabilitation therapy
1484     under the direction of a secure facility therapist, who has supervision of that parent's child, or
1485     any other therapist the court may direct, for a period directed by the court as recommended by a
1486     secure facility;]
1487          (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
1488          (i) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1489          (j) the treatment or commitment of a child with a mental illness [in accordance with
1490     Subsection (11)];
1491          (k) the commitment of a child to a secure drug or alcohol facility in accordance with
1492     Section 62A-15-301;
1493          (l) a minor found not competent to proceed in accordance with [Section 78A-6-1301]
1494     Title 80, Chapter 6, Part 4, Competency;
1495          (m) de novo review of final agency actions resulting from an informal adjudicative
1496     proceeding as provided in Section 63G-4-402; [and]
1497          (n) adoptions conducted in accordance with the procedures described in Title 78B,
1498     Chapter 6, Part 1, Utah Adoption Act, [when] if the juvenile court has previously entered an
1499     order terminating the rights of a parent and finds that adoption is in the best interest of the
1500     child[.];
1501          [(3) (a) Except as provided in Subsection (3)(c), the juvenile court has exclusive
1502     jurisdiction over a felony, misdemeanor, infraction, or violation of an ordinance:]
1503          [(i) committed by a child and that arises from a single criminal episode containing an
1504     offense for which:]
1505          [(A) a citation, petition, indictment, or criminal information is filed; and]
1506          [(B) the court has original jurisdiction; and]
1507          [(ii) committed by an individual who is under 21 years old at the time of all court
1508     proceedings, but committed before the individual was 18 years old, and that arises from a
1509     single criminal episode containing an offense for which:]
1510          [(A) a citation, petition, indictment, or criminal information is filed; and]
1511          [(B) the court has original jurisdiction.]
1512          [(b) For purposes of this Subsection (3), the juvenile court has jurisdiction over the
1513     following offenses committed by an individual who is under 21 years old at the time of all

1514     court proceedings, but was under 18 years old at the time the offense was committed:]
1515          [(i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
1516     and]
1517          [(ii) Section 73-18-12.]
1518          [(c) If a juvenile court transfers jurisdiction of an offense to the district court under
1519     Section 78A-6-703.5, the exclusive jurisdiction of the juvenile court over that offense is
1520     terminated.]
1521          [(4) (a) As used in this Subsection (4):]
1522          [(i) "Qualifying offense" means an offense described in Sections 78A-6-703.2 and
1523     78A-6-703.3.]
1524          [(ii) "Separate offense" means any offense that is not a qualifying offense.]
1525          [(b) The juvenile court:]
1526          [(i) regains exclusive jurisdiction over any separate offense described in Subsection
1527     (3)(a) if:]
1528          [(A) the individual who is alleged to have committed the separate offense is bound
1529     over to the district court for a qualifying offense under Section 78A-6-703.5; and]
1530          [(B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1531     and]
1532          [(ii) gains exclusive jurisdiction over any separate offense described in Subsection
1533     (3)(a) if:]
1534          [(A) the individual who is alleged to have committed the separate offense is charged
1535     for a qualifying offense under Section 78A-6-703.2 in the district court; and]
1536          [(B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1537     in the district court.]
1538          [(5)] (o) [The juvenile court has jurisdiction over] an ungovernable or runaway child
1539     who is referred to the juvenile court by the Division of Juvenile Justice Services [when] if,
1540     despite earnest and persistent efforts by the Division of Juvenile Justice Services, the child has
1541     demonstrated that the child:
1542          [(a)] (i) is beyond the control of the child's parent, guardian, or [lawful] custodian to
1543     the extent that the child's behavior or condition endangers the child's own welfare or the
1544     welfare of others; or

1545          [(b)] (ii) has run away from home[.]; and
1546          [(6) The juvenile court has continuing jurisdiction over a minor's case for an offense
1547     that is adjudicated under Section 78A-6-117 until jurisdiction is terminated in accordance with
1548     Section 78A-6-120.]
1549          (p) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
1550     alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply
1551     with a promise to appear and bring a child to the juvenile court.
1552          (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
1553     law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
1554     (2)(q).
1555          [(7)] (4) This section does not restrict the right of access to the juvenile court by private
1556     agencies or other persons.
1557          [(8)] (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1558     arising under [Part 7, Transfer of Jurisdiction] Title 80, Chapter 6, Part 5, Transfer to District
1559     Court.
1560          [(9)] (6) The juvenile court has jurisdiction to make a finding of substantiated,
1561     unsubstantiated, or without merit, in accordance with Section [78A-6-323] 80-3-404.
1562          [(10)] (7) The juvenile court has [subject matter] jurisdiction over matters transferred
1563     to the juvenile court by another trial court in accordance with Subsection 78A-7-106(4) and
1564     Section [78A-6-601] 80-6-303.
1565          [(11) The juvenile court may commit a child to the physical custody of a local mental
1566     health authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons
1567     Under Age 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah
1568     State Hospital.]
1569          Section 20. Section 78A-6-103.5 is enacted to read:
1570          78A-6-103.5. Exclusive jurisdiction of the juvenile court.
1571          (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction
1572     over a felony, misdemeanor, infraction, or violation of an ordinance:
1573          (a) committed by a child and that arises from a single criminal episode containing an
1574     offense for which:
1575          (i) a citation, petition, indictment, or criminal information is filed; and

1576          (ii) the court has original jurisdiction; and
1577          (b) committed by an individual who is under 21 years old at the time of all court
1578     proceedings, but committed before the individual was 18 years old, and that arises from a
1579     single criminal episode containing an offense for which:
1580          (i) a citation, petition, indictment, or criminal information is filed; and
1581          (ii) the court has original jurisdiction.
1582          (2) For purposes of this section, the juvenile court has jurisdiction over the following
1583     offenses committed by an individual who is under 21 years old at the time of all court
1584     proceedings, but was under 18 years old at the time the offense was committed:
1585          (a) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
1586          (b) Section 73-18-12.
1587          (3) If a juvenile court transfers jurisdiction of an offense to the district court under
1588     Section 80-6-504, the exclusive jurisdiction of the juvenile court over that offense is
1589     terminated.
1590          (4) (a) As used in this Subsection (4):
1591          (i) "Qualifying offense" means an offense described in Sections 80-6-502 and
1592     80-6-503.
1593          (ii) "Separate offense" means any offense that is not a qualifying offense.
1594          (b) The juvenile court:
1595          (i) regains exclusive jurisdiction over any separate offense described in Subsection (1)
1596     if:
1597          (A) the individual who is alleged to have committed the separate offense is bound over
1598     to the district court for a qualifying offense under Section 80-6-504; and
1599          (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1600     and
1601          (ii) gains exclusive jurisdiction over any separate offense described in Subsection (1)
1602     if:
1603          (A) the individual who is alleged to have committed the separate offense is charged for
1604     a qualifying offense under Section 80-6-502 in the district court; and
1605          (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1606     in the district court.

1607          Section 21. Section 78A-6-104 is repealed and reenacted to read:
1608          78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a
1609     protective order.
1610          (1) (a) The juvenile court has jurisdiction, concurrent with the district court:
1611          (i) to establish paternity, or to order testing for purposes of establishing paternity, for a
1612     child in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, when a
1613     proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency
1614     Proceedings, or Chapter 4, Termination and Restoration of Parental Rights, that involves the
1615     child;
1616          (ii) over a petition to modify a minor's birth certificate if the juvenile court has
1617     jurisdiction over the minor's case under Section 78A-6-103; and
1618          (iii) over questions of custody, support, and parent-time of a minor if the juvenile court
1619     has jurisdiction over the minor's case under Section 78A-6-103.
1620          (b) If the juvenile court obtains jurisdiction over a paternity action under Subsection
1621     (1)(a)(i), the juvenile court may:
1622          (i) retain jurisdiction over the paternity action until paternity of the child is adjudicated;
1623     or
1624          (ii) transfer jurisdiction over the paternity action to the district court.
1625          (2) (a) The juvenile court has jurisdiction, concurrent with the district court or the
1626     justice court otherwise having jurisdiction, over a criminal information filed under Part 4a,
1627     Adult Criminal Proceedings, for an adult alleged to have committed:
1628          (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to
1629     minor;
1630          (ii) an offense under Section 53G-6-202, failure to comply with compulsory education
1631     requirements;
1632          (iii) an offense under Section 62A-4a-411, failure to report;
1633          (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
1634          (v) an offense under Section 76-10-2301, contributing to the delinquency of a minor; or
1635          (vi) an offense under Section 80-5-601, harboring a runaway.
1636          (b) It is not necessary for a minor to be adjudicated for an offense or violation of the
1637     law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection

1638     (2)(a).
1639          (3) (a) When a support, custody, or parent-time award has been made by a district court
1640     in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
1641     continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
1642     child comes within the jurisdiction of the juvenile court under Section 78A-6-103.
1643          (b) (i) The juvenile court may, by order, change the custody subject to Subsection
1644     30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
1645     necessary to implement the order of the juvenile court for the safety and welfare of the child.
1646          (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long
1647     as the juvenile court continues to exercise jurisdiction.
1648          (c) If a copy of the findings and order of the juvenile court under this Subsection (3)
1649     are filed with the district court, the findings and order of the juvenile court are binding on the
1650     parties to the divorce action as though entered in the district court.
1651          (4) This section does not deprive the district court of jurisdiction to:
1652          (a) appoint a guardian for a child;
1653          (b) determine the support, custody, and parent-time of a child upon writ of habeas
1654     corpus; or
1655          (c) determine a question of support, custody, and parent-time that is incidental to the
1656     determination of an action in the district court.
1657          (5) A juvenile court may transfer a petition for a protective order for a child to the
1658     district court if the juvenile court has entered an ex parte protective order and finds that:
1659          (a) the petitioner and the respondent are the natural parent, adoptive parent, or step
1660     parent of the child who is the object of the petition;
1661          (b) the district court has a petition pending or an order related to custody or parent-time
1662     entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 6, Cohabitant Abuse
1663     Protective Orders, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the
1664     petitioner and the respondent are parties; and
1665          (c) the best interests of the child will be better served in the district court.
1666          Section 22. Section 78A-6-120 is amended to read:
1667          78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
1668     of jurisdiction.

1669          (1) Except as provided in Subsection (2), if the [court retains jurisdiction over a
1670     minor's case under Section 78A-6-117] juvenile court obtains jurisdiction of a minor's case, the
1671     juvenile court's jurisdiction over the minor's case continues until:
1672          (a) the minor is 21 years old; or
1673          (b) if the juvenile court extends jurisdiction over the minor's case [until the minor is 25
1674     years old] under Section [78A-6-703.4] 80-6-605, the minor is 25 years old.
1675          (2) (a) The juvenile court's continuing jurisdiction under Subsection (1) terminates:
1676          (i) upon order of the court;
1677          (ii) upon [commitment to a secure facility] an order for secure care under Section
1678     80-6-705 ; or
1679          [(iii) upon commencement of proceedings in adult cases under Section 78A-6-1001;
1680     or]
1681          [(iv)] (iii) in accordance with [Sections 62A-7-404 and 78A-6-117] Section 80-6-712.
1682          (b) The continuing jurisdiction of the juvenile court over a minor's case is not
1683     terminated:
1684          (i) by marriage; or
1685          (ii) when a minor commits an offense under municipal, state, or federal law that is
1686     under the jurisdiction of another court [and the minor is at least 18 years old at the time of the
1687     offense].
1688          (c) Notwithstanding Subsection (2)(a)(ii), the juvenile court retains jurisdiction to
1689     make and enforce orders related to restitution until the Youth Parole Authority discharges the
1690     minor under Section 80-6-807.
1691          [(3) When a minor has been committed by the court to the physical custody of a local
1692     mental health authority or the local mental health authority's designee or to the Utah State
1693     Developmental Center, the local mental health authority or the local mental health authority's
1694     designee or the superintendent of the Utah State Developmental Center shall give the court
1695     written notice of the intention to discharge, release, or parole the minor not fewer than five
1696     days before the discharge, release, or parole.]
1697          [(4) (a) The court may transfer a case of a minor who is on probation or under
1698     protective supervision, or of a minor who is otherwise under the continuing jurisdiction of the
1699     court, to a court of another district, if the receiving court consents, or upon direction of the

1700     chair of the Board of Juvenile Court Judges.]
1701          [(b) The receiving court has the same powers with respect to the minor that the court
1702     would have if the proceedings originated in that court.]
1703          [(5) A minor shall undergo a validated risk and needs assessment within seven days of
1704     the day on which an order terminating jurisdiction is issued if:]
1705          [(a) the minor is adjudicated under Section 78A-6-117; and]
1706          [(b) the minor underwent a validated risk and needs assessment under Subsection
1707     78A-6-117(1)(d).]
1708          Section 23. Section 78A-6-201 is amended to read:
1709          78A-6-201. Judges of juvenile court -- Appointments -- Terms.
1710          (1) (a) [Judges of the juvenile court] A judge of the juvenile court shall be appointed
1711     initially to serve until the first general election held more than three years after [the effective
1712     date of the appointment. Thereafter,] the day on which the appointment is effective.
1713          (b) After the initial term described in Subsection (1)(a), the term of office of a [judge
1714     of a juvenile court] juvenile court judge is six years and commences on the first Monday in
1715     January next following the date of election.
1716          (2) A juvenile court judge whose term expires may serve, upon request of the Judicial
1717     Council, until a successor is appointed and qualified.
1718          Section 24. Section 78A-6-202 is amended to read:
1719          78A-6-202. Sessions of juvenile court.
1720          (1) In each county, regular juvenile court sessions shall be held at a place designated by
1721     the judge or judges of the juvenile court district, with the approval of the board.
1722          (2) [Court] Juvenile court sessions shall be held in each county when the presiding
1723     judge of the juvenile court directs, except that a judge of the district may hold court in any
1724     county within the district at any time[,] if required by the urgency of the case.
1725          Section 25. Section 78A-6-203 is amended to read:
1726          78A-6-203. Board of Juvenile Court Judges -- Composition -- Purpose - Presiding
1727     judge.
1728          (1) (a) The Judicial Council shall, by rule, establish a Board of Juvenile Court Judges.
1729          (b) The board shall establish general policies for the operation of the juvenile courts
1730     and uniform rules and forms governing practice, consistent with the provisions of this chapter,

1731     the rules of the Judicial Council, and the rules of the Supreme Court.
1732          (c) (i) The board may receive and expend any funds that may become available from
1733     the federal government or private sources to carry out any of the purposes [of this chapter]
1734     described in Section 78A-6-102(5) .
1735          [(i)] (ii) The board may meet any federal requirements that are conditions precedent to
1736     receiving the funds.
1737          [(ii)] (iii) The board may cooperate with the federal government in a program for
1738     training personnel employed, or preparing for employment, by the juvenile court and may
1739     receive and expend funds from federal or state sources or from private donations for these
1740     purposes.
1741          [(iii)] (iv) Funds donated or paid to the juvenile court by private sources for the
1742     purpose of compensatory service programs [shall be] are nonlapsing.
1743          [(iv)] (v) The board may:
1744          (A) contract with public or nonprofit institutions of higher learning for the training of
1745     personnel;
1746          (B) conduct short-term training courses of [its] the board's own and hire experts on a
1747     temporary basis for this purpose; and
1748          (C) cooperate with the Division of Child and Family Services and other state
1749     departments or agencies in personnel training programs.
1750          (d) The board may contract, on behalf of the juvenile court, with the United States
1751     Forest Service or other agencies or departments of the federal government or with agencies or
1752     departments of other states for the care and placement of minors adjudicated under [this
1753     chapter] Title 80, Utah Juvenile Code .
1754          (e) The powers to contract and expend funds are subject to budgetary control and
1755     procedures as provided by law.
1756          (2) Under the direction of the presiding officer of the council, the chair shall supervise
1757     the juvenile courts to:
1758          (a) ensure uniform adherence to law and to the rules and forms adopted by the Supreme
1759     Court and Judicial Council[, and to]; and
1760          (b) promote the proper and efficient functioning of the juvenile courts.
1761          (3) (a) The judges of districts having more than one juvenile court judge shall elect a

1762     presiding juvenile court judge.
1763          (b) In districts comprised of five or more juvenile court judges and court
1764     commissioners, the presiding juvenile court judge shall receive an additional $1,000 per annum
1765     as compensation.
1766          [(4) Consistent with policies of the Judicial Council, the presiding judge shall:]
1767          (4) The presiding juvenile court judge, in accordance with the policies of the Judicial
1768     Council, shall:
1769          (a) implement policies of the Judicial Council;
1770          (b) exercise powers and perform administrative duties as authorized by the Judicial
1771     Council;
1772          (c) manage the judicial business of the district; and
1773          (d) call and preside over meetings of juvenile court judges of the district.
1774          Section 26. Section 78A-6-204 is amended to read:
1775          78A-6-204. Administrator of the juvenile court -- Appointment -- Qualifications
1776     -- Powers and duties.
1777          (1) With the approval of the board, the state court administrator shall appoint a chief
1778     administrative officer of the juvenile court.
1779          (2) The chief administrative officer shall:
1780          (a) be selected on the basis of professional ability and experience in the field of public
1781     administration [and shall]; and
1782          (b) possess an understanding of court procedures[, as well as] and the nature and
1783     significance of probation services and other court services.
1784          Section 27. Section 78A-6-205 is amended to read:
1785          78A-6-205. District court executives -- Selection -- Duties.
1786          (1) (a) The chief administrative officer of the juvenile court, with the approval of the
1787     juvenile court judge of each district or the presiding juvenile court judge of multiple judge
1788     districts, shall appoint a court executive for each district.
1789          (b) [The court executive] A court executive appointed under Subsection (1)(a) serves at
1790     the pleasure of the chief administrative officer.
1791          (2) The court executive shall:
1792          (a) appoint a clerk of the court, [deputy court clerks, probation officers, and other

1793     persons] district managers, and other staff, including juvenile probation officers, as required to
1794     carry out the work of the court;
1795          (b) supervise the work of all nonjudicial court staff of the district; and
1796          (c) serve as administrative officer of the district.
1797          (3) (a) The clerk shall keep a record of court proceedings [and].
1798          (b) The clerk may issue all process and [notice] notices required.
1799          Section 28. Section 78A-6-206 is amended to read:
1800          78A-6-206. Juvenile court employees -- Salaries -- State courts personnel system
1801     -- Exemptions and discharge.
1802          (1) All employees, except juvenile court judges and commissioners, shall be selected,
1803     promoted, and discharged through the state courts personnel system for the juvenile court[,]
1804     under the direction and rules of the [Board of Juvenile Court Judges] board and the Judicial
1805     Council.
1806          (2) (a) An employee under the state courts personnel system may not be discharged
1807     except for cause and after a hearing before the appointing authority[,] with an appeal as
1808     provided by the state courts personnel system.
1809          (b) An employee may be suspended pending the hearing and appeal under Subsection
1810     (2)(a).
1811          Section 29. Section 78A-6-207 is amended to read:
1812          78A-6-207. Volunteers.
1813          (1) The [names of volunteers] name of a volunteer serving in a case under Section
1814     [78A-6-902] 78A-2-803 shall be stated in the court records of the [cases they work with.
1815     Volunteers of record with the court are considered to be volunteers to the juvenile court and are
1816     volunteers under Title 67, Chapter 20, Volunteer Government Workers Act] case.
1817          (2) A volunteer of record under Subsection (1) is:
1818          (a) considered a volunteer to the juvenile court; and
1819          (b) a volunteer under Title 67, Chapter 20, Volunteer Government Workers Act.
1820          Section 30. Section 78A-6-208 is amended to read:
1821          78A-6-208. Mental health evaluations -- Duty of administrator.
1822          (1) The [administrator] chief administrative officer of the juvenile court, with the
1823     approval of the board, and the executive director of the Department of Health, and director of

1824     the Division of Substance Abuse and Mental Health shall from time to time agree upon an
1825     appropriate plan:
1826          (a) for obtaining mental health services and health services for the juvenile court from
1827     the state and local health departments and programs of mental health; and
1828          (b) for assistance by the Department of Health [and] or the Division of Substance
1829     Abuse and Mental Health in securing for the juvenile court special health, mental health,
1830     juvenile competency evaluations, and related services including community mental health
1831     services not already available from the Department of Health and the Division of Substance
1832     Abuse and Mental Health.
1833          (2) The Legislature may provide an appropriation to the Department of Health and the
1834     Division of Substance Abuse and Mental Health for [this purpose] the services under
1835     Subsection (1).
1836          Section 31. Section 78A-6-209 is amended to read:
1837          78A-6-209. Court records -- Inspection.
1838          (1) The juvenile court and the juvenile court's probation department shall keep records
1839     as required by the board and the presiding judge.
1840          (2) [Court records] A court record shall be open to inspection by:
1841          (a) the parents or guardian of a child, a minor who is at least 18 years [of age] old,
1842     other parties in the case, the attorneys, and agencies to which custody of a minor has been
1843     transferred;
1844          (b) for information relating to adult offenders alleged to have committed a sexual
1845     offense, a felony or class A misdemeanor drug offense, or an offense against the person under
1846     Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
1847     of evaluating whether an individual should be permitted to obtain or retain a license as an
1848     educator or serve as an employee or volunteer in a school, with the understanding that the State
1849     Board of Education must provide the individual with an opportunity to respond to any
1850     information gathered from [its] the State Board of Education's inspection of the records before
1851     [it] the State Board of Education makes a decision concerning licensure or employment;
1852          (c) the Criminal Investigations and Technical Services Division, established in Section
1853     53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
1854     and establishing good character for issuance of a concealed firearm permit as provided in

1855     Section 53-5-704;
1856          (d) the Division of Child and Family Services for the purpose of Child Protective
1857     Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
1858     administrative hearings in accordance with Section 62A-4a-1009;
1859          (e) the Office of Licensing for the purpose of conducting a background check in
1860     accordance with Section 62A-2-120;
1861          (f) for information related to a [juvenile offender] minor who has committed a sexual
1862     offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1863     Department of Health for the purpose of evaluating under the provisions of Subsection
1864     26-39-404(3) whether a licensee should be permitted to obtain or retain a license to provide
1865     child care, with the understanding that the department must provide the individual who
1866     committed the offense with an opportunity to respond to any information gathered from [its]
1867     the Department of Health's inspection of records before [it] the Department of Health makes a
1868     decision concerning licensure;
1869          (g) for information related to a [juvenile offender] minor who has committed a sexual
1870     offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1871     Department of Health to determine whether an individual meets the background screening
1872     requirements of Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the
1873     understanding that the department must provide the individual who committed the offense an
1874     opportunity to respond to any information gathered from [its] the Department of Health's
1875     inspection of records before [it] the Department of Health makes a decision under that part; and
1876          (h) for information related to a [juvenile offender] minor who has committed a sexual
1877     offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the
1878     Department of Health to determine whether to grant, deny, or revoke background clearance
1879     under Section 26-8a-310 for an individual who is seeking or who has obtained an emergency
1880     medical service personnel license under Section 26-8a-302, with the understanding that the
1881     [department] Department of Health must provide the individual who committed the offense an
1882     opportunity to respond to any information gathered from the [department's] Department of
1883     Health's inspection of records before [it] the Department of Health makes a determination.
1884          (3) With the consent of the [judge, court records] juvenile court, a court record may be
1885     inspected by the child, by persons having a legitimate interest in the proceedings, and by

1886     persons conducting pertinent research studies.
1887          (4) If a petition is filed charging a minor who is 14 years [of age] old or older with an
1888     offense that would be a felony if committed by an adult, the juvenile court shall make available
1889     to any person upon request the petition, any adjudication or disposition orders, and the
1890     delinquency history summary of the minor charged unless the records are closed by the juvenile
1891     court upon findings on the record for good cause.
1892          (5) [Probation officers'] A juvenile probation officer's records and reports of social and
1893     clinical studies are not open to inspection, except by consent of the juvenile court, given under
1894     rules adopted by the board.
1895          [(6) (a) Any juvenile delinquency adjudication or disposition orders and the
1896     delinquency history summary of any person charged as an adult with a felony offense shall be
1897     made available to any person upon request.]
1898          [(b) This provision does not apply to records that have been destroyed or expunged in
1899     accordance with court rules.]
1900          [(c)] (6) The juvenile court may charge a reasonable fee to cover the costs associated
1901     with retrieving a requested record that has been archived.
1902          Section 32. Section 78A-6-210 is amended to read:
1903          78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
1904          (1) There is created [within the General Fund] a restricted account in the General Fund
1905     known as the "Nonjudicial Adjustment Account."
1906          (2) (a) The account shall be funded from the financial penalty established under
1907     Subsection [78A-6-602(8)(a)] 80-6-304(6)(a).
1908          (b) The court shall deposit all money collected as a result of penalties assessed as part
1909     of the nonjudicial adjustment of a case [in] into the account.
1910          (c) The account shall be used to pay the expenses of juvenile compensatory service,
1911     victim restitution, and diversion programs.
1912          (3) (a) Except under Subsection (3)(b) or (4) and as otherwise provided by law, the
1913     juvenile court shall pay all fines, fees, penalties, and forfeitures imposed and collected by the
1914     juvenile court [shall be paid] to the state treasurer for deposit into the General Fund.
1915          (b) [Not] No more than 50% of any fine or forfeiture collected may be paid to a state
1916     rehabilitative employment program for [delinquent minors] a minor adjudicated under Section

1917     80-6-701 that provides for employment of the minor in the county of the minor's residence if:
1918          (i) reimbursement for the minor's labor is paid to the victim of the [minor's delinquent
1919     behavior] offense or wrongful act committed by the minor;
1920          (ii) the amount earned and paid is set by court order;
1921          (iii) the minor is not paid more than the hourly minimum wage; and
1922          (iv) no payments to victims are made without the minor's involvement in a
1923     rehabilitative work program.
1924          (c) Fines withheld under Subsection (3)(b) and any private contributions to the
1925     rehabilitative employment program are accounted for separately and are subject to audit at any
1926     time by the state auditor.
1927          (d) (i) Funds withheld under Subsection (3)(b) and private contributions are
1928     nonlapsing.
1929          (ii) The [Board of Juvenile Court Judges] board shall establish policies for the use of
1930     the funds described in this [subsection] Subsection (3)(d).
1931          (4) For fines and forfeitures collected by the court for a violation of Section
1932     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
1933     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
1934     the school district or private school that owns or contracts for the use of the bus, and the state
1935     treasurer shall allocate 80% to the General Fund.
1936          (5) [No fee may be charged by any state or local public officer] A state or local public
1937     officer may not charge a fee for the service of process in any proceedings initiated by a public
1938     agency.
1939          Section 33. Section 78A-6-211 is amended to read:
1940          78A-6-211. Courtrooms -- Physical facilities.
1941          (1) Suitable courtrooms and office space in each county shall be provided or made
1942     available to the juvenile court by the county for the hearing of cases, except in counties where
1943     the state has provided courtrooms and offices as needed.
1944          (2) Equipment and supplies for the use of the judges, officers, and employees of the
1945     juvenile court and the cost of maintaining the juvenile courts shall be paid from the General
1946     Fund or other funds for those purposes.
1947          Section 34. Section 78A-6-212, which is renumbered from Section 62A-7-105.5 is

1948     renumbered and amended to read:
1949          [62A-7-105.5].      78A-6-212. Information supplied to the Division of Juvenile
1950     Justice Services.
1951          (1) [Juvenile court probation sections] A juvenile probation officer shall render full and
1952     complete cooperation to the [division] Division of Juvenile Justice Services in supplying the
1953     [division] Division of Juvenile Justice Services with all pertinent information relating to
1954     [juvenile offenders who have been] a juvenile offender committed to the [division] Division of
1955     Juvenile Justice Services.
1956          (2) Information under Subsection (1) [may include, but is not limited to,] includes prior
1957     criminal history, social history, psychological evaluations, and identifying information
1958     specified by the [division] Division of Juvenile Justice Services.
1959          Section 35. Section 78A-6-350, which is renumbered from Section 78A-6-110 is
1960     renumbered and amended to read:
1961     
Part 3a. Juvenile Court Proceedings

1962          [78A-6-110].      78A-6-350. Venue -- Dismissal without adjudication on
1963     merits.
1964          (1) [Proceedings in minor's cases] Notwithstanding Title 78B, Chapter 3, Part 3, Place
1965     of Trial -- Venue, a proceeding for a minor's case in the juvenile court shall be commenced in
1966     the court of the district in which [the minor is living or is found, or in which an alleged
1967     violation of law or ordinance occurred.]:
1968          [(2) After the filing of a petition, the court may transfer the case to the district where
1969     the minor resides or to the district where the violation of law or ordinance is alleged to have
1970     occurred. The court may, in its discretion, after adjudication certify the case for disposition to
1971     the court of the district in which the minor resides.]
1972          [(3) The transferring or certifying court shall transmit all documents and legal and
1973     social records, or certified copies to the receiving court, and the receiving court shall proceed
1974     with the case as if the petition had been originally filed or the adjudication had been originally
1975     made in that court.]
1976          (a) for a proceeding under Title 80, Chapter 6, Juvenile Justice:
1977          (i) the minor is living or found; or
1978          (ii) the alleged offense occurred; or

1979          (b) for all other proceedings, the minor is living or found.
1980          (2) If a party seeks to transfer a case to another district after a petition has been filed in
1981     the juvenile court, the juvenile court may transfer the case in accordance with the Utah Rules of
1982     Juvenile Procedure.
1983          [(4)] (3) The dismissal of a petition in one district where the dismissal is without
1984     prejudice and where there has been no adjudication upon the merits [shall] may not preclude
1985     refiling within the same district or another district where there is venue [of] for the case.
1986          Section 36. Section 78A-6-351, which is renumbered from Section 78A-6-109 is
1987     renumbered and amended to read:
1988          [78A-6-109].      78A-6-351. Summons -- Service and process -- Issuance and
1989     contents -- Notice to absent parent or guardian -- Emergency medical or surgical
1990     treatment -- Compulsory process for attendance of witnesses when authorized.
1991          (1) (a) After a petition is filed [the] in the juvenile court, the juvenile court shall
1992     promptly issue a summons, unless the [judge] juvenile court directs that a further investigation
1993     is needed. [No summons is required as to any person who]
1994          (b) A summons is not required for a person who:
1995          (i) appears voluntarily; or [who]
1996          (ii) files a written waiver of service with the clerk of the court at or before the hearing.
1997          (2) [The] A summons under Subsection (1)(a) shall contain:
1998          (a) the name of the court;
1999          (b) the title of the proceedings; and
2000          (c) except for a published summons, a brief statement of the substance of the
2001     allegations in the petition.
2002          (3) A published summons shall state:
2003          (a) that a proceeding concerning the minor is pending in the court; and
2004          (b) an adjudication will be made.
2005          (4) (a) The summons shall require [the person or persons who have]:
2006          (i) a minor to appear personally in the juvenile court at a time and place stated; or
2007          (ii) if a person who has physical custody of the minor, for the person to:
2008          (A) appear personally; and
2009          (B) bring the minor before the court at a time and place stated. [If the person or

2010     persons summoned are not the parent, parents, or guardian]
2011          (b) If the minor is a child and a person summoned is not the parent or guardian of the
2012     minor, [the summons shall also be issued to the parent, parents, or guardian,] the juvenile court
2013     shall issue the summons to the minor's parent or guardian, as the case may be, notifying [them]
2014     the parent or guardian of the pendency of the case and of the time and place set for the hearing.
2015          (5) [Summons] A summons may be issued requiring the appearance of any other
2016     person whose presence the juvenile court finds necessary.
2017          (6) If it appears to the juvenile court that the welfare of the minor or of the public
2018     requires that the minor be taken into temporary custody under Section 80-6-201 or protective
2019     custody under Section 62A-4a-202.1, and it does not conflict with Section [78A-6-106.5]
2020     80-6-202, the court may by endorsement upon the summons direct that the person serving the
2021     summons take the minor into custody at once.
2022          (7) (a) [Subject to Subsection 78A-6-117(2), upon] Upon the sworn testimony of one
2023     or more reputable physicians, the juvenile court may order emergency medical or surgical
2024     treatment that is immediately necessary for a minor [concerning] for whom a petition has been
2025     filed pending the service of summons upon the minor's [parents] parent, guardian, or custodian.
2026          (b) If the juvenile court orders emergency medical or surgical treatment:
2027          (i) if a petition for delinquency has been filed under Section 80-6-305, Subsection
2028     80-6-706(4) shall apply to the juvenile court's decision to order treatment;
2029          (ii) if a petition has been filed under Section 80-3-201, Subsection 80-3-109(3) shall
2030     apply to the juvenile court's decision to order treatment; or
2031          (iii) if a petition has been filed under Section 80-4-201, Subsection 80-4-108(4) shall
2032     apply to the juvenile court's decision to order treatment.
2033          (8) (a) A minor is entitled to the issuance of compulsory process for the attendance of
2034     witnesses on the minor's own behalf.
2035          [(8)] (b) A minor's parent or guardian is entitled to the issuance of compulsory process
2036     for the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the
2037     minor.
2038          (c) A guardian ad litem or a juvenile probation officer is entitled to compulsory process
2039     for the attendance of witnesses on behalf of the minor.
2040          (9) Service of summons and process and proof of service shall be made in the manner

2041     provided in the Utah Rules of [Civil] Juvenile Procedure.
2042          (10) (a) Service of summons or process shall be made by the sheriff of the county
2043     where the service is to be made, or by the sheriff's deputy.
2044          (b) Notwithstanding Subsection (10)(a), upon request of the juvenile court, service
2045     shall be made by any other peace officer[,] or by another suitable person selected by the court.
2046          (11) Service of summons in the state shall be made personally, by delivering a copy to
2047     the person summoned[; provided, however, that], except that the parents of a [minor] child
2048     living together at [their] the parents' usual place of abode may both be served by personal
2049     delivery [to either parent of copies of the summons, one copy for each parent] with one copy of
2050     the summons for each parent.
2051          (12) (a) If the [judge] juvenile court makes a written finding that the [judge] juvenile
2052     court has reason to believe that personal service of the summons will be unsuccessful, or will
2053     not accomplish notification within a reasonable time after issuance of the summons, the [judge]
2054     juvenile court may order service by registered mail, with a return receipt to be signed by the
2055     addressee only, to be addressed to the last-known address of the person to be served in the
2056     state.
2057          (b) Service [shall be] is complete upon return to the juvenile court of the signed
2058     receipt.
2059          (13) (a) If the [parents, parent,] child's parent or guardian required to be summoned
2060     under Subsection (4) cannot be found within the state, the fact of [their minor's] the child's
2061     presence within the state shall confer jurisdiction on the juvenile court in proceedings in a
2062     [minor's] child's case under this [chapter] title as to any absent parent or guardian[, provided
2063     that due notice has been given in the following manner] when:
2064          [(a)] (i) [If] if the address of the parent or guardian is known, due notice is given by
2065     sending the parent or guardian a copy of the summons by registered mail with a return receipt
2066     to be signed by the addressee only, or by personal service outside the state, as provided in the
2067     Utah Rules of [Civil] Juvenile Procedure[. Service by registered mail shall be complete upon
2068     return to the court of the signed receipt.]; or
2069          [(b) (i)] (ii) [If] if the address or whereabouts of the parent or guardian outside the state
2070     cannot after diligent inquiry be ascertained, due notice is given by publishing a summons:
2071          (A) in a newspaper having general circulation in the county in which the proceeding is

2072     pending once a week for four successive weeks; and
2073          (B) in accordance with Section 45-1-101 for four weeks.
2074          [(ii) Service shall be complete on the day of the last publication.]
2075          (b) (i) If service is by registered mail under Subsection (13)(a)(i), service is complete
2076     upon return to the juvenile court of the signed receipt.
2077          (ii) If service is by publication under Subsection (13)(a)(ii), service is complete on the
2078     day of the last publication.
2079          (c) Service of summons as provided in this [subsection] Subsection (13) shall vest the
2080     court with jurisdiction over the parent or guardian served in the same manner and to the same
2081     extent as if the person served was served personally within the state.
2082          (14) (a) In the case of service in the state, service completed not less than 48 hours
2083     before the time set in the summons for the appearance of the person served, shall be sufficient
2084     to confer jurisdiction.
2085          (b) In the case of service outside the state, service completed not less than five days
2086     before the time set in the summons for appearance of the person served, shall be sufficient to
2087     confer jurisdiction.
2088          (15) Computation of periods of time under this chapter and Title 80, Utah Juvenile
2089     Code, shall be made in accordance with [the] Utah Rules of [Civil] Juvenile Procedure, Rule 4.
2090          Section 37. Section 78A-6-352, which is renumbered from Section 78A-6-111 is
2091     renumbered and amended to read:
2092          [78A-6-111].      78A-6-352. Appearances -- Parents, guardian, or custodian
2093     to appear with minor or child -- Failure to appear -- Warrant of arrest, when authorized
2094     -- Parent's, guardian's, or custodian's employer to grant time off -- Appointment of
2095     attorney guardian ad litem.
2096          [(1) Any person required to appear who, without reasonable cause, fails to appear may
2097     be proceeded against for contempt of court, and the court may cause a bench warrant to be
2098     issued to produce the person in court.]
2099          [(2) In a case when a minor is required to appear in court, the parents, guardian, or
2100     other person with legal custody of the minor shall appear with the minor unless excused by the
2101     judge.]
2102          (1) If a person is required to appear in a proceeding in the juvenile court and the person

2103     fails, without reasonable cause, to appear before the juvenile court, the juvenile court may issue
2104     a bench warrant to produce the person in court.
2105          (2) If a child is required to appear in juvenile court, the child's parent, guardian, or
2106     custodian shall appear with the child in the juvenile court, unless the child's parent, guardian, or
2107     custodian is excused by the juvenile court.
2108          (3) (a) [An employee] A child's parent, guardian, or custodian, may request permission
2109     from the parent's, guardian's, or custodian's employer to leave the workplace for the purpose of
2110     attending court if the [employee has been] parent, guardian, or custodian is notified by the
2111     juvenile court that the [employee's minor] child is required to appear before the court.
2112          (b) An employer must grant the parent, guardian, or custodian permission to leave the
2113     workplace with or without pay if the [employee has requested] parent, guardian, or custodian
2114     requests permission at least seven days in advance or within 24 hours of the [employee] parent,
2115     guardian, or custodian receiving notice of the hearing.
2116          [(3)] (4) (a) If a parent, guardian, custodian or other person [who] to whom a child is
2117     released, signed a written promise to appear and bring the child to juvenile court under Section
2118     [78A-6-112 or 78A-6-113] 80-6-203 and fails to appear and bring the child to the juvenile
2119     court on the date set in the promise[,] or, if the date was to be set, after notification by the
2120     juvenile court, a warrant may be issued for the apprehension of [that person] the parent,
2121     guardian, custodian, or other person.
2122          [(4)] (b) [Willful] A willful failure to perform the promise described in Subsection
2123     (4)(a) is a class B misdemeanor if, at the time of the execution of the promise, the promisor is
2124     given a copy of the promise [which] that clearly states [that] a failure to appear and have the
2125     child appear as promised is a class B misdemeanor. [The juvenile court shall have jurisdiction
2126     to proceed against the promisor in adult proceedings pursuant to Part 10, Adult Offenses.]
2127          [(5) The court shall endeavor, through use of the warrant of arrest if necessary, as
2128     provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
2129     both parents or of the guardian of a child. If neither a parent nor guardian is present at the
2130     court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
2131     A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
2132     whether or not a parent or guardian is present.]
2133          (5) (a) A juvenile court shall make every effort to ensure the presence of the parent,

2134     guardian, or custodian of a child at all hearings through the use of a warrant of arrest, if
2135     necessary, or by other means.
2136          (b) A juvenile court may appoint a guardian ad litem whenever necessary for the
2137     welfare of a child, regardless of whether the child's parent or guardian is present at the juvenile
2138     court proceedings.
2139          (6) A [warrant may be issued] juvenile court may issue a warrant for a child's parent,
2140     [a] guardian, [a] or custodian[, or a minor] if:
2141          (a) a summons is issued but cannot be served;
2142          (b) [it is made to appear to the] it appears to the juvenile court that the person to be
2143     served will not obey the summons; or
2144          (c) serving the summons will be ineffectual.
2145          Section 38. Section 78A-6-353, which is renumbered from Section 78A-6-1101 is
2146     renumbered and amended to read:
2147          [78A-6-1101].      78A-6-353. Contempt -- Penalty -- Enforcement of fine, fee,
2148     or restitution.
2149          (1) [A person] An individual who willfully violates or refuses to obey any order of the
2150     juvenile court may be proceeded against for contempt of court.
2151          [(2) A person 18 years of age or older found in contempt of court may be punished in
2152     accordance with Section 78B-6-310.]
2153          [(3) (a) A person younger than 18 years of age found in contempt of court may be
2154     punished by disposition permitted under Section 78A-6-117, except the court may only order a
2155     disposition that changes the custody of the minor, including community placement or
2156     commitment to a secure facility, if the disposition is commitment to a secure detention
2157     pursuant to Subsection 78A-6-117(2)(h) for no longer than 72 hours, excluding weekends and
2158     legal holidays.]
2159          (2) If a juvenile court finds an individual who is 18 years old or older in contempt of
2160     court, the juvenile court may impose sanctions on the individual in accordance with Title 78B,
2161     Chapter 6, Part 3, Contempt.
2162          (3) (a) Except as otherwise provided in this Subsection (3), if a juvenile court finds a
2163     child in contempt of court, the juvenile court may:
2164          (i) place the child on probation in accordance with Section 80-6-702;

2165          (ii) order the child to detention, or an alternative to detention, in accordance with
2166     Section 80-6-704; or
2167          (iii) require the child to pay a fine or fee in accordance with Section 80-6-709.
2168          (b) The juvenile court may only order a child to secure detention under Subsection
2169     (3)(a)(ii) for no longer than 72 hours, excluding weekends and legal holidays.
2170          [(b) A] (c) The juvenile court may not suspend all or part of [the punishment] an order
2171     to secure detention upon compliance with conditions imposed by the juvenile court.
2172          [(4) In accordance with Section 78A-6-117, the court may enforce orders of fines, fees,
2173     or restitution through garnishments, wage withholdings, supplementary proceedings, or
2174     executions. An order described in this Subsection (4) may not be enforced through an order of
2175     detention, community placement, or commitment to a secure facility.]
2176          (d) The juvenile court may not enforce a disposition under Subsection (3)(a)(iii)
2177     through an order for detention, a community-based program, or secure care.
2178          (4) On the sole basis of a child's absence from placement, a juvenile court may not hold
2179     a child in contempt under this section if the child:
2180          (a) is in the legal custody of the Division of Child and Family Services; and
2181          (b) is missing, has been abducted, or has run away.
2182          Section 39. Section 78A-6-354, which is renumbered from Section 78A-6-114 is
2183     renumbered and amended to read:
2184          [78A-6-114].      78A-6-354. Hearings -- Minor's cases heard separately from
2185     adult cases -- Minor or parents or custodian heard separately -- Continuance of hearing.
2186          (1) [Hearings in minors' cases] A hearing for a minor's case shall be held before the
2187     juvenile court without a jury and may be conducted in an informal manner.
2188          [(a) (i) In abuse, neglect, and dependency cases the court shall admit any person to a
2189     hearing, including a hearing under Section 78A-6-322, unless the court makes a finding upon
2190     the record that the person's presence at the hearing would:]
2191          [(A) be detrimental to the best interest of a child who is a party to the proceeding;]
2192          [(B) impair the fact-finding process; or]
2193          [(C) be otherwise contrary to the interests of justice.]
2194          [(ii) The court may exclude a person from a hearing under Subsection (1)(a)(i) on its
2195     own motion or by motion of a party to the proceeding.]

2196          [(b) In delinquency cases the court shall admit all persons who have a direct interest in
2197     the case and may admit persons requested by the parent or legal guardian to be present. The
2198     court shall exclude all other persons except as provided in Subsection (1)(c).]
2199          [(c) In delinquency cases in which the minor charged is 14 years of age or older, the
2200     court shall admit any person unless the hearing is closed by the court upon findings on the
2201     record for good cause if:]
2202          [(i) the minor has been charged with an offense which would be a felony if committed
2203     by an adult; or]
2204          [(ii) the minor is charged with an offense that would be a class A or B misdemeanor if
2205     committed by an adult, and the minor has been previously charged with an offense which
2206     would be a misdemeanor or felony if committed by an adult.]
2207          [(d) The victim of any act charged in a petition or information involving an offense
2208     committed by a minor which if committed by an adult would be a felony or a class A or class B
2209     misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter
2210     36, Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, Title 77, Chapter
2211     38, Rights of Crime Victims Act, and Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
2212     The notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as
2213     defined in Section 77-38-2.]
2214          [(e) A victim, upon request to appropriate juvenile court personnel, shall have the right
2215     to inspect and duplicate juvenile court legal records that have not been expunged concerning:]
2216          [(i) the scheduling of any court hearings on the petition;]
2217          [(ii) any findings made by the court; and]
2218          [(iii) any sentence or decree imposed by the court.]
2219          (2) (a) [Minors' cases] A minor's case under Title 80, Chapter 3, Abuse, Neglect, and
2220     Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and
2221     Chapter 6, Juvenile Justice, shall be heard separately from [adult cases] any adult case.
2222          (b) The minor or the [parents or custodian of a minor] minor's parent or guardian may
2223     be heard separately when considered necessary by the juvenile court.
2224          (c) [The] A hearing may be continued [from time to time] to a date specified by court
2225     order.
2226          [(3) When more than one child is involved in a home situation which may be found to

2227     constitute neglect or dependency, or when more than one minor is alleged to be involved in the
2228     same law violation, the proceedings may be consolidated, except that separate hearings may be
2229     held with respect to disposition.]
2230          Section 40. Section 78A-6-355, which is renumbered from Section 78A-6-1112 is
2231     renumbered and amended to read:
2232          [78A-6-1112].      78A-6-355. Exchange of information with agency or
2233     institution having legal custody.
2234          (1) [Whenever] If legal custody of a minor is vested in an institution or agency, the
2235     juvenile court shall transmit, with the court order, copies of the social study, any clinical
2236     reports, and other information pertinent to the care and treatment of the minor to the institution
2237     or agency with legal custody of the minor.
2238          (2) The institution or agency shall give the juvenile court any information concerning
2239     the minor that the juvenile court may at any time require.
2240          [(2) The Division of Juvenile Justice Services or any other institution or agency to
2241     whom a minor is committed under Section 78A-6-117 may not transfer custody of the minor to
2242     the state prison or any other institution for the correction of adult offenders.]
2243          Section 41. Section 78A-6-356, which is renumbered from Section 78A-6-1106 is
2244     renumbered and amended to read:
2245          [78A-6-1106].      78A-6-356. Child support obligation when custody of a child
2246     is vested in an individual or institution.
2247          (1) As used in this section:
2248          (a) "Office" means the Office of Recovery Services.
2249          (b) "State custody" means that a child is in the custody of a state department, division,
2250     or agency, including [a secure youth corrections facility] secure care.
2251          (2) Under this section, a juvenile court may not issue a child support order against an
2252     individual unless:
2253          (a) the individual is served with notice that specifies the date and time of a hearing to
2254     determine the financial support of a specified child;
2255          (b) the individual makes a voluntary appearance; or
2256          (c) the individual submits a waiver of service.
2257          (3) Except as provided in Subsection (11), when a juvenile court places a child in state

2258     custody or if the guardianship of the child has been granted to another party and an agreement
2259     for a guardianship subsidy has been signed by the guardian, the juvenile court:
2260          (a) shall order [the parents, a parent, or other obligated individual] the child's parent,
2261     guardian, or other obligated individual to pay child support for each month the child is in state
2262     custody or cared for under a grant of guardianship; [and]
2263          (b) shall inform [the parents, a parent, or other obligated individual,] the child's parent,
2264     guardian, or other obligated individual, verbally and in writing, of the requirement to pay child
2265     support in accordance with Title 78B, Chapter 12, Utah Child Support Act; and
2266          (c) may refer the establishment of a child support order to the office.
2267          (4) When a juvenile court chooses to refer a case to the office to determine support
2268     obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
2269     juvenile court shall:
2270          (a) make the referral within three working days after the day on which the juvenile
2271     court holds the hearing described in Subsection (2)(a); and
2272          (b) inform [the parents, a parent, or other obligated individual] the child's parent,
2273     guardian, or other obligated individual of:
2274          (i) the requirement to contact the office within 30 days after the day on which the
2275     juvenile court holds the hearing described in Subsection (2)(a); and
2276          (ii) the penalty described in Subsection (6) for failure to contact the office.
2277          (5) Liability for child support ordered under Subsection (3) shall accrue:
2278          (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
2279     the juvenile court holds the hearing described in Subsection (2)(a)[,] if there is no existing
2280     child support order for the child; or
2281          (b) beginning on the day the child is removed from the child's home, including time
2282     spent in detention or sheltered care, if the child is removed after having been returned to the
2283     child's home from state custody.
2284          (6) (a) If the [parents, a parent, or other obligated individual] child's parent, guardian,
2285     or other obligated individual contacts the office within 30 days after the day on which the court
2286     holds the hearing described in Subsection (2)(a), the child support order may not include a
2287     judgment for past due support for more than two months.
2288          (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the

2289     liability of support to begin to accrue from the date of the proceeding referenced in Subsection
2290     (3) if:
2291          (i) the court informs [the parents, a parent, or other obligated individual] the child's
2292     parent, guardian, or other obligated individual, as described in Subsection (4)(b), and the
2293     [parents, a parent, or other obligated individual] parent, guardian, or other obligated individual
2294     fails to contact the office within 30 days after the day on which the court holds the hearing
2295     described in Subsection (2)(a); and
2296          (ii) the office took reasonable steps under the circumstances to contact [the parents,
2297     parent, or other obligated individual] the child's parent, guardian, or other obligated individual
2298     within 30 days after the last day on which [the parents, a parent, or other obligated individual]
2299     the parent, guardian, or other obligated individual was required to contact the office to facilitate
2300     the establishment of a child support order.
2301          (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
2302     reasonable steps if the office:
2303          (i) has a signed, returned receipt for a certified letter mailed to the address of the
2304     [parents, a parent, or other obligated individual] child's parent, guardian, or other obligated
2305     individual regarding the requirement that a child support order be established; or
2306          (ii) has had a documented conversation, whether by telephone or in person, with the
2307     [parents, parent, or other obligated individual] child's parent, guardian, or other obligated
2308     individual regarding the requirement that a child support order be established.
2309          (7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a
2310     payment schedule or demanding payment in full.
2311          (8) (a) Unless a court orders otherwise, the [parents, a parent, or other obligated
2312     individual] child's parent, guardian, or other obligated individual shall pay the child support to
2313     the office.
2314          (b) The clerk of the juvenile court, the office, or the Department of Human Services
2315     and [its] the department's divisions shall have authority to receive periodic payments for the
2316     care and maintenance of the child, such as [Social Security] social security payments or
2317     railroad retirement payments made in the name of or for the benefit of the child.
2318          (9) An existing child support order payable to a parent or other individual shall be
2319     assigned to the Department of Human Services as provided in Section 62A-1-117.

2320          (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
2321     the juvenile court in an individual.
2322          (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
2323     court may order the [parents, a parent, or other obligated individual] child's parent, guardian, or
2324     other obligated individual to pay child support to the individual in whom custody is vested.
2325          (ii) In the same proceeding, the juvenile court shall inform the [parents, a parent, or
2326     other obligated individual] child's parent, guardian, or other obligated individual, verbally and
2327     in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,
2328     Utah Child Support Act.
2329          (11) The juvenile court may not order an individual to pay child support for a child in
2330     state custody if:
2331          (a) the individual's only form of income is a government-issued disability benefit;
2332          (b) the benefit described in Subsection (11)(a) is issued because of the individual's
2333     disability, and not the child's disability; and
2334          (c) the individual provides the juvenile court and the office evidence that the individual
2335     meets the requirements of Subsections (11)(a) and (b).
2336          (12) After the juvenile court or the office establishes an individual's child support
2337     obligation ordered under Subsection (3), the office shall waive the obligation without further
2338     order of the juvenile court if:
2339          (a) the individual's child support obligation is established under Subsection
2340     78B-12-205(6) or Section 78B-12-302; or
2341          (b) the individual's only source of income is a means-tested, income replacement
2342     payment of aid, including:
2343          (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
2344     Program; or
2345          (ii) cash benefits received under General Assistance, social security income, or social
2346     security disability income.
2347          Section 42. Section 78A-6-357 is enacted to read:
2348          78A-6-357. New hearings -- Modification of order or decree -- Requirements for
2349     changing or terminating custody, probation, or protective supervision.
2350          (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile

2351     Code, Utah Rules of Juvenile Procedure, Rule 48, shall govern the matter of granting a new
2352     hearing.
2353          (2) (a) Except as provided in Subsection (3), a juvenile court may modify or set aside
2354     any order or decree made by the juvenile court.
2355          (b) A modification of an order placing a minor on probation may not:
2356          (i) include an order under Section 80-3-405, 80-6-703, 80-6-704, or 80-6-705; or
2357          (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
2358          (3) (a) A parent or guardian of a child whose legal custody has been transferred by the
2359     juvenile court to an individual, agency, or institution may petition the juvenile court for
2360     restoration of custody or other modification or revocation of the juvenile court's order or
2361     decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody
2362     for secure care.
2363          (b) A parent or guardian may only petition the juvenile court under Subsection (3)(a)
2364     on the ground that a change of circumstances has occurred that requires modification or
2365     revocation in the best interest of the child or the public.
2366          (c) A parent may not file a petition after the parent's parental rights have been
2367     terminated in accordance with Title 80, Chapter 4, Termination and Restoration of Parental
2368     Rights.
2369          (d) A parent may not file a petition for restoration of custody under this section during
2370     the existence of a permanent guardianship established for the child under Subsection
2371     80-3-405(2)(d).
2372          (4) (a) An individual, agency, or institution vested with legal custody of a child may
2373     petition the juvenile court for a modification of the custody order on the ground that the change
2374     is necessary for the welfare of the child or in the public interest.
2375          (b) The juvenile court shall proceed upon the petition in accordance with this section.
2376          (5) Notice of hearing is required in any case in which the effect of modifying or setting
2377     aside an order or decree may be to make any change in the minor's legal custody under Section
2378     80-3-405 or 80-6-703.
2379          (6) (a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall
2380     make a preliminary investigation.
2381          (b) After the preliminary investigation described in Subsection (6)(a), the juvenile

2382     court:
2383          (i) may dismiss the petition if the juvenile court finds the alleged change of
2384     circumstances, if proved, would not affect the decree; or
2385          (ii) shall conduct a hearing, if the juvenile court finds that further examination of the
2386     facts is needed, or if the juvenile court on the juvenile court's own motion determines that the
2387     juvenile court's order or decree should be reviewed.
2388          (c) Notice of the hearing described in Subsection (6)(b)(ii) shall be given to all
2389     interested persons.
2390          (d) At a hearing under Subsection (6)(b)(ii), the juvenile court may enter an order
2391     continuing, modifying, or terminating the juvenile court's order or decree.
2392          (7) Notice of an order terminating probation or protective supervision of a child shall
2393     be given to the child's:
2394          (a) parent;
2395          (b) guardian;
2396          (c) custodian; and
2397          (d) where appropriate, to the child.
2398          (8) Notice of an order terminating probation or protective supervision of a minor who
2399     is at least 18 years old shall be given to the minor.
2400          Section 43. Section 78A-6-358, which is renumbered from Section 78A-6-118 is
2401     renumbered and amended to read:
2402          [78A-6-118].      78A-6-358. Period of effect for a judgment , decree, or order
2403     by a juvenile court.
2404          (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
2405     minor is 21 years old, except:
2406          (a) for an order of commitment to the Utah State Developmental Center or to the
2407     custody of the Division of Substance Abuse and Mental Health;
2408          (b) for an adoption under Subsection 78A-6-103[(1)](2)(n);
2409          (c) for an order permanently terminating the rights of a parent, guardian, or custodian
2410     under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
2411          (d) for a permanent order of custody and guardianship under Subsection
2412     80-3-405(2)(d); [and]

2413          (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
2414          [(e)] (f) as provided in Subsection (2).
2415          (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
2416     court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
2417     under Section [78A-6-703.4] 80-6-605, the juvenile court's judgment or order is no longer in
2418     effect after the minor is 25 years old.
2419          Section 44. Section 78A-6-359, which is renumbered from Section 78A-6-1109 is
2420     renumbered and amended to read:
2421          [78A-6-1109].      78A-6-359. Appeals.
2422          (1) An appeal to the Court of Appeals may be taken from any order, decree, or
2423     judgment of the juvenile court.
2424          [(2) Appeals of right from juvenile court orders related to abuse, neglect, dependency,
2425     termination, and adoption proceedings, shall be taken within 15 days from entry of the order,
2426     decree, or judgment appealed from. In addition, the]
2427          (2) (a) An appeal of right from an order, decree, or judgment by a juvenile court related
2428     to a proceeding under Title 78B, Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3,
2429     Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and
2430     Restoration of Parental Rights, shall be filed within 15 days after the day on which the juvenile
2431     court enters the order, decree, or judgment.
2432          (b) A notice of appeal must be signed by appellant's counsel, if any, and by appellant,
2433     unless the appellant is a child or state agency.
2434          (c) If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
2435          (3) [The disposition order] An order for a disposition from the juvenile court shall
2436     include the following information:
2437          (a) notice that the right to appeal described in Subsection (2)(a) is time sensitive and
2438     must be taken within 15 days [from entry of] after the day on which the juvenile court enters
2439     the order, decree, or judgment appealed from;
2440          (b) the right to appeal within the specified time limits;
2441          (c) the need for the signature of the parties on a notice of appeal in [appeals from
2442     juvenile court orders related to abuse, neglect, dependency, termination, and adoption
2443     proceedings] an appeal described in Subsection (2)(a); and

2444          (d) the need for parties to maintain regular contact with [their] the parties' counsel and
2445     to keep all other parties and the appellate court informed of [their] the parties' whereabouts.
2446          (4) If the parties are not present in the courtroom, the juvenile court shall [mail a
2447     written statement] provide a statement containing the information provided in Subsection (3) to
2448     the parties at [their] the parties' last known address.
2449          (5) (a) The juvenile court shall inform the parties' counsel at the conclusion of the
2450     proceedings that, if an appeal is filed, [they] the parties' counsel must represent [their clients]
2451     the parties throughout the appellate process unless relieved of that obligation by the juvenile
2452     court upon a showing of extraordinary circumstances.
2453          (b) (i) Until the petition on appeal is filed, claims of ineffective assistance of counsel
2454     do not constitute extraordinary circumstances.
2455          (ii) If a claim is raised by trial counsel or a party, [it] the claim must be included in the
2456     petition on appeal.
2457          (6) During the pendency of an appeal [from juvenile court orders related to abuse,
2458     neglect, dependency, termination, and adoption proceedings] under Subsection (2)(a), parties
2459     shall maintain regular contact with [their] the parties' counsel, if any, and keep all other parties
2460     and the appellate court informed of [their] the parties' whereabouts.
2461          (7) (a) In all other appeals of right, the appeal shall be taken within 30 days [from the
2462     entry of the order, decree, or judgment appealed from and the] after the day on which the
2463     juvenile court enters the order, decree, or judgment.
2464          (b) A notice of appeal under Subsection (7)(a) must be signed by appellant's counsel, if
2465     any, or by appellant.
2466          (8) The attorney general shall represent the state in all appeals under this chapter and
2467     Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and
2468     Restoration of Parental Rights, and Chapter 6, Juvenile Justice.
2469          [(8)] (9) Unless the juvenile court stays [its] the juvenile court's order, the pendency of
2470     an appeal does not stay the order or decree appealed from in a minor's case, unless otherwise
2471     ordered by the Court of Appeals, if suitable provision for the care and custody of the minor
2472     involved is made pending the appeal.
2473          [(9)] (10) Access to the record on appeal [shall be] is governed by Title 63G, Chapter
2474     2, Government Records Access and Management Act.

2475          Section 45. Section 78A-6-450, which is renumbered from Section 78A-6-1001 is
2476     renumbered and amended to read:
2477     
Part 4a. Adult Criminal Proceedings

2478          [78A-6-1001].      78A-6-450. Criminal information for an adult in juvenile
2479     court.
2480          [(1) The court shall have jurisdiction, concurrent with the district court or justice court
2481     otherwise having subject matter jurisdiction, to try adults for the following offenses committed
2482     against minors:]
2483          A county attorney or district attorney may file a criminal information in the juvenile
2484     court charging an adult for:
2485          [(a)] (1) unlawful sale or furnishing of an alcoholic product to minors in violation of
2486     Section 32B-4-403;
2487          [(b)] (2) failure to report abuse or neglect[, as required by Title 62A, Chapter 4a, Part
2488     4, Child Abuse or Neglect Reporting Requirements] in violation of Section 62A-4a-411;
2489          [(c)] (3) harboring a runaway in violation of Section [62A-4a-501] 80-5-601;
2490          [(d)] (4) misdemeanor custodial interference in violation of Section 76-5-303;
2491          [(e)] (5) contributing to the delinquency of a minor in violation of Section 76-10-2301;
2492     [and]
2493          [(f)] (6) failure to comply with compulsory education requirements in violation of
2494     Section 53G-6-202[.]; or
2495          [(2) It is not necessary for the minor to be found to be delinquent or to have committed
2496     a delinquent act for the court to exercise jurisdiction under Subsection (1).]
2497          (7) a willful failure to perform a promise to appear under Subsection 78A-6-352(4)(b).
2498          Section 46. Section 78A-6-451, which is renumbered from Section 78A-6-1002 is
2499     renumbered and amended to read:
2500          [78A-6-1002].      78A-6-451. Who may prosecute an adult in juvenile court --
2501     Transfer to district court.
2502          (1) The county attorney or district attorney, as provided in Title 17, Chapter 18a,
2503     Powers and Duties of County and District Attorney, shall prosecute any case brought under this
2504     part.
2505          (2) [Proceedings] Any proceeding under this part [shall be] is governed by the statutes

2506     and rules governing criminal proceedings in the district court, except the juvenile court may,
2507     [and] on stipulation of the parties, [shall,] transfer the case to the district court.
2508          Section 47. Section 78A-6-452, which is renumbered from Section 78A-6-1003 is
2509     renumbered and amended to read:
2510          [78A-6-1003].      78A-6-452. Costs and expenses of trial.
2511          [The fees and expenses, the cost of publication of summons, and the expense of a trial
2512     of an adult, when approved by the court, are paid by the state, except prosecution costs and
2513     public defender costs are paid by the county where the hearing or trial is held.]
2514          (1) Except as provided in Subsection (2), the state shall pay, when approved by the
2515     court, the cost of publication of a summons, the expense of a trial, and any other fee or expense
2516     of a trial of an adult under this part.
2517          (2) The county where the hearing or trial is held shall pay the prosecution costs and
2518     public defender costs.
2519          Section 48. Section 78B-6-105 is amended to read:
2520          78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
2521     over nonresidents -- Time for filing.
2522          (1) [Adoption proceedings] An adoption proceeding shall be commenced by filing a
2523     petition [with the clerk of the district court either] in:
2524          (a) the district court in the district where the prospective adoptive parent resides;
2525          (b) if the prospective adoptive parent is not a resident of this state, the district court in
2526     the district where:
2527          (i) the adoptee was born;
2528          (ii) the adoptee resides on the day on which the petition is filed; or
2529          (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
2530     or
2531          (c) [with] the juvenile court as provided in Subsection 78A-6-103(2)(n) and Section
2532     78A-6-350.
2533          (2) All orders, decrees, agreements, and notices in [the proceedings] an adoption
2534     proceeding shall be filed with the clerk of the court where the adoption [proceedings were]
2535     proceeding is commenced under Subsection (1).
2536          (3) A petition for adoption:

2537          (a) may be filed before the birth of a child;
2538          (b) may be filed before or after the adoptee is placed in the home of the petitioner for
2539     the purpose of adoption; and
2540          (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
2541     the home of the petitioners for the purpose of adoption, unless:
2542          (i) the time for filing has been extended by the court; or
2543          (ii) the adoption is arranged by a child-placing agency in which case the agency may
2544     extend the filing time.
2545          (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
2546     or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
2547     shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
2548     provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
2549          (b) The notice may not include the name of:
2550          (i) a prospective adoptive parent; or
2551          (ii) an unmarried mother without her consent.
2552          (5) Service of notice [as provided in] described in Subsection (6) shall vest the court
2553     with jurisdiction over the person served in the same manner and to the same extent as if the
2554     person served was served personally within the state.
2555          (6) In the case of service outside the state, service completed not less than five days
2556     before the time set in the notice for appearance of the person served [shall be] is sufficient to
2557     confer jurisdiction.
2558          (7) Computation of periods of time not otherwise set forth in this section shall be made
2559     in accordance with the Utah Rules of Civil Procedure.
2560          Section 49. Section 78B-15-104 is amended to read:
2561          78B-15-104. Jurisdiction -- Authority of Office of Recovery Services -- Dismissal
2562     of petition.
2563          [(1) The district court, the juvenile court, and the Office of Recovery Services in
2564     accordance with Section 62A-11-304.2 and Title 63G, Chapter 4, Administrative Procedures
2565     Act, are authorized to adjudicate parentage under Part 1, General Provisions, Part 2, Parent and
2566     Child Relationship, Part 3, Voluntary Declaration of Paternity Act, Part 4, Registry, Part 5,
2567     Genetic Testing, Part 6, Adjudication of Parentage, and Part 9, Miscellaneous.]

2568          [(2) The district court and the juvenile court have jurisdiction over proceedings under
2569     Part 7, Assisted Reproduction, and Part 8, Gestational Agreement.]
2570          (1) (a) Except as provided in Subsection 78A-6-104(1)(a)(i), the district court has
2571     original jurisdiction over any action brought under this chapter.
2572          (b) If the juvenile court has concurrent jurisdiction under Subsection
2573     78A-6-104(1)(a)(i) over a paternity action filed in the district court, the district court may
2574     transfer jurisdiction over the paternity action to the juvenile court.
2575          (2) The Office of Recovery Services is authorized to establish paternity in accordance
2576     with this chapter, Title 62A, Chapter 11, Recovery Services, and Title 63G, Chapter 4,
2577     Administrative Procedures Act.
2578          (3) [The] A court shall, without adjudicating paternity, dismiss a petition that is filed
2579     under this chapter by an unmarried biological father if he is not entitled to consent to the
2580     adoption of the child under Sections 78B-6-121 and 78B-6-122.
2581          Section 50. Section 80-1-101 is enacted to read:
2582     
TITLE 80. UTAH JUVENILE CODE

2583     
CHAPTER 1. GENERAL PROVISIONS

2584          80-1-101. Title.
2585          (1) This title is known as the "Utah Juvenile Code."
2586          (2) This chapter is known as "General Provisions."
2587          Section 51. Section 80-1-102, which is renumbered from Section 78A-6-105 is
2588     renumbered and amended to read:
2589          [78A-6-105].      80-1-102. Juvenile code definitions.
2590          As used in this [chapter] title:
2591          (1) (a) "Abuse" means:
2592          (i) (A) nonaccidental harm of a child;
2593          (B) threatened harm of a child;
2594          (C) sexual exploitation;
2595          (D) sexual abuse; or
2596          (E) human trafficking of a child in violation of Section 76-5-308.5; or
2597          (ii) that a child's natural parent:
2598          (A) intentionally, knowingly, or recklessly causes the death of another parent of the

2599     child;
2600          (B) is identified by a law enforcement agency as the primary suspect in an investigation
2601     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
2602          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2603     recklessly causing the death of another parent of the child.
2604          (b) "Abuse" does not include:
2605          (i) reasonable discipline or management of a child, including withholding privileges;
2606          (ii) conduct described in Section 76-2-401; or
2607          (iii) the use of reasonable and necessary physical restraint or force on a child:
2608          (A) in self-defense;
2609          (B) in defense of others;
2610          (C) to protect the child; or
2611          (D) to remove a weapon in the possession of a child for any of the reasons described in
2612     Subsections (1)(b)(iii)(A) through (C).
2613          (2) "Abused child" means a child who has been subjected to abuse.
2614          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
2615     facts alleged in the petition have been proved.
2616          (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
2617     with Section [78A-6-1302] 80-6-402.
2618          (4) (a) "Adult" means an individual who is 18 years old or older.
2619          (b) "Adult" does not include an individual:
2620          (i) who is 18 years old or older; and
2621          [(ii) whose case is under the continuing jurisdiction of the juvenile court in accordance
2622     with Section 78A-6-120.]
2623          (ii) who is a minor.
2624          (5) "Attorney guardian ad litem" means the same as that term is defined in Section
2625     78A-2-801.
2626          [(5)] (6) "Board" means the Board of Juvenile Court Judges.
2627          [(6)] (7) "Child" means an individual who is under 18 years old.
2628          (8) "Child and family plan" means a written agreement between a child's parents or
2629     guardian and the Division of Child and Family Services as described in Section 62A-4a-205.

2630          [(7)] (9) "Child placement agency" means:
2631          (a) a private agency licensed to receive a child for placement or adoption under this
2632     code; or
2633          (b) a private agency that receives a child for placement or adoption in another state,
2634     which [agency] is licensed or approved where such license or approval is required by law.
2635          [(8)] (10) "Clandestine laboratory operation" means the same as that term is defined in
2636     Section 58-37d-3.
2637          [(9)] (11) "Commit" or "committed" means, unless specified otherwise:
2638          (a) with respect to a child, to transfer legal custody; and
2639          (b) with respect to a minor who is at least 18 years old, to transfer custody.
2640          [(10) "Court" means the juvenile court.]
2641          (12) "Community-based program" means a nonsecure residential or nonresidential
2642     program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
2643     restrictive setting, consistent with public safety, and operated by or under contract with the
2644     Division of Juvenile Justice Services.
2645          (13) "Community placement" means placement of a minor in a community-based
2646     program described in Section 80-5-402.
2647          (14) "Correctional facility" means:
2648          (a) a county jail; or
2649          (b) a secure correctional facility as defined in Section 64-13-1.
2650          [(11)] (15) "Criminogenic risk factors" means evidence-based factors that are
2651     associated with a minor's likelihood of reoffending.
2652          [(12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
2653     committed by an adult.]
2654          [(13)] (16) "Department" means the Department of Human Services created in Section
2655     62A-1-102.
2656          [(14)] (17) "Dependent child" [includes] or "dependency" means a child who is
2657     homeless or without proper care through no fault of the child's parent, guardian, or custodian.
2658          [(15)] (18) "Deprivation of custody" means transfer of legal custody by the juvenile
2659     court from a parent [or the parents] or a previous [legal] custodian to another person, agency, or
2660     institution.

2661          [(16) "Detention" means home detention and secure detention as defined in Section
2662     62A-7-101 for the temporary care of a minor who requires secure custody in a physically
2663     restricting facility:]
2664          [(a) pending court disposition or transfer to another jurisdiction; or]
2665          [(b) while the minor's case is under the continuing jurisdiction of the court.]
2666          [(17) "Detention risk assessment tool" means an evidence-based tool established under
2667     Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
2668     court or reoffending pre-adjudication and designed to assist in making detention
2669     determinations.]
2670          (19) "Detention" means home detention or secure detention.
2671          (20) "Detention risk assessment tool" means an evidence based tool established under
2672     Section 80-5-203 that:
2673          (a) assesses a minor's risk of failing to appear in court or reoffending before
2674     adjudication; and
2675          (b) is designed to assist in making a determination of whether a minor shall be held in
2676     detention.
2677          [(18)] (21) "Developmental immaturity" means incomplete development in one or
2678     more domains [which] that manifests as a functional limitation in the minor's present ability to:
2679          (a) consult with counsel with a reasonable degree of rational understanding; and
2680          (b) have a rational as well as factual understanding of the proceedings.
2681          [(19) "Division" means the Division of Child and Family Services.]
2682          (22) "Disposition" means an order by a juvenile court, after the adjudication of a
2683     minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
2684          [(20)] (23) "Educational neglect" means that, after receiving a notice of compulsory
2685     education violation under Section 53G-6-202, the parent or guardian fails to make a good faith
2686     effort to ensure that the child receives an appropriate education.
2687          [(21)] (24) "Educational series" means an evidence-based instructional series:
2688          (a) obtained at a substance abuse program that is approved by the Division of
2689     Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
2690          (b) designed to prevent substance use or the onset of a mental health disorder.
2691          (25) "Emancipated" means the same as that term is defined in Section 80-7-102.

2692          [(22)] (26) "Evidence-based" means a program or practice that has had multiple
2693     randomized control studies or a meta-analysis demonstrating that the program or practice is
2694     effective for a specific population or has been rated as effective by a standardized program
2695     evaluation tool.
2696          [(23)] (27) "Forensic evaluator" means the same as that term is defined in Section
2697     77-15-2.
2698          [(24)] (28) "Formal probation" means a minor is [under field supervision by the
2699     probation department or other agency designated by the court and]:
2700          (a) supervised in the community by, and reports to, a juvenile probation officer or an
2701     agency designated by the juvenile court; and
2702          (b) subject to return to the juvenile court in accordance with Section [78A-6-123 on
2703     and after July 1, 2018] 80-6-607.
2704          [(25) "Formal referral" means a written report from a peace officer or other person
2705     informing the court that a minor is, or appears to be, within the court's jurisdiction and that the
2706     minor's case must be reviewed by the court's probation department or a prosecuting attorney.]
2707          [(26)] (29) "Group rehabilitation therapy" means psychological and social counseling
2708     of one or more individuals in the group, depending upon the recommendation of the therapist.
2709          [(27)] (30) ["Guardianship of the person" includes] "Guardian" means a person
2710     appointed by a court to make decisions regarding a minor, including the authority to consent to:
2711          (a) marriage;
2712          (b) enlistment in the armed forces;
2713          (c) major medical, surgical, or psychiatric treatment; or
2714          (d) legal custody, if legal custody is not vested in another individual, agency, or
2715     institution.
2716          [(28) "Habitual truant" means the same as that term is defined in Section 53G-6-201.]
2717          (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
2718          [(29)] (32) "Harm" means:
2719          (a) physical or developmental injury or damage;
2720          (b) emotional damage that results in a serious impairment in the child's growth,
2721     development, behavior, or psychological functioning;
2722          (c) sexual abuse; or

2723          (d) sexual exploitation.
2724          (33) "Home detention" means placement of a minor:
2725          (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
2726     consent of the minor's parent, guardian, or custodian, under terms and conditions established by
2727     the Division of Juvenile Justice Services or the juvenile court; or
2728          (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
2729     minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
2730     custodian, under terms and conditions established by the Division of Juvenile Justice Services
2731     or the juvenile court.
2732          [(30)] (34) (a) "Incest" means engaging in sexual intercourse with an individual whom
2733     the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2734     nephew, niece, or first cousin.
2735          [(b) The relationships described in Subsection (30)(a) include:]
2736          (b) "Incest" includes:
2737          (i) blood relationships of the whole or half blood, without regard to legitimacy;
2738          (ii) relationships of parent and child by adoption; and
2739          (iii) relationships of stepparent and stepchild while the marriage creating the
2740     relationship of a stepparent and stepchild exists.
2741          [(31) "Intake probation" means a period of court monitoring that does not include field
2742     supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
2743     return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.]
2744          (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2745          (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2746          (37) "Indigent defense service provider" means the same as that term is defined in
2747     Section 78B-22-102.
2748          (38) "Indigent defense services" means the same as that term is defined in Section
2749     78B-22-102.
2750          (39) "Indigent individual" means the same as that term is defined in Section
2751     78B-22-102.
2752          (40) (a) "Intake probation" means a minor is:
2753          (i) monitored by a juvenile probation officer; and

2754          (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
2755          (b) "Intake probation" does not include formal probation.
2756          [(32)] (41) "Intellectual disability" means a significant subaverage general intellectual
2757     functioning existing concurrently with deficits in adaptive behavior that constitutes a
2758     substantial limitation to the individual's ability to function in society.
2759          (42) "Juvenile offender" means:
2760          (a) a serious youth offender; or
2761          (b) a youth offender.
2762          (43) "Juvenile probation officer" means a probation officer appointed under Section
2763     78A-6-205.
2764          (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
2765     by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
2766     Justice Services, that is responsible for minors taken into temporary custody under Section
2767     80-6-201.
2768          [(33)] (45) "Legal custody" means a relationship embodying [the following rights and
2769     duties]:
2770          (a) the right to physical custody of the minor;
2771          (b) the right and duty to protect, train, and discipline the minor;
2772          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2773     medical care;
2774          (d) the right to determine where and with whom the minor shall live; and
2775          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2776          [(34) "Material loss" means an uninsured:]
2777          [(a) property loss;]
2778          [(b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;]
2779          [(c) lost wages because of an injury, time spent as a witness, or time spent assisting the
2780     police or prosecution; or]
2781          [(d) medical expense.]
2782          [(35)] (46) "Mental illness" means:
2783          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
2784     behavioral, or related functioning; or

2785          (b) the same as that term is defined in:
2786          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
2787     published by the American Psychiatric Association; or
2788          (ii) the current edition of the International Statistical Classification of Diseases and
2789     Related Health Problems.
2790          [(36) "Minor" means:]
2791          [(a) for the purpose of juvenile delinquency:]
2792          [(i) a child; or]
2793          [(ii) an individual:]
2794          [(A) who is at least 18 years old and younger than 25 years old; and]
2795          [(B) whose case is under the jurisdiction of the juvenile court; and]
2796          [(b) for all other purposes in this chapter:]
2797          [(i) a child; or]
2798          [(ii) an individual:]
2799          [(A) who is at least 18 years old and younger than 21 years old; and]
2800          [(B) whose case is under the jurisdiction of the juvenile court.]
2801          (47) "Minor" means, except as provided in Sections 80-6-901 and 80-7-102:
2802          (a) a child; or
2803          (b) an individual:
2804          (i) (A) who is at least 18 years old and younger than 21 years old; and
2805          (B) for whom the Division of Child and Family Services has been specifically ordered
2806     by the juvenile court to provide services because the individual was an abused, neglected, or
2807     dependent child or because the individual was adjudicated for an offense; or
2808          (ii) (A) who is at least 18 years old and younger than 25 years old; and
2809          (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
2810     6, Juvenile Justice.
2811          [(37)] (48) "Mobile crisis outreach team" means [a crisis intervention service for a
2812     minor or the family of a minor experiencing a behavioral health or psychiatric emergency.] the
2813     same as that term is defined in Section 62A-15-102.
2814          [(38)] (49) "Molestation" means that an individual, with the intent to arouse or gratify
2815     the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any

2816     child, or the breast of a female child, or takes indecent liberties with a child as defined in
2817     Section 76-5-416.
2818          [(39)] (50) (a) "Natural parent" means a minor's biological or adoptive parent.
2819          (b) "Natural parent" includes the minor's noncustodial parent.
2820          [(40)] (51) (a) "Neglect" means action or inaction causing:
2821          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2822     Relinquishment of a Newborn Child;
2823          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2824     guardian, or custodian;
2825          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2826     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
2827     well-being;
2828          (iv) a child to be at risk of being neglected or abused because another child in the same
2829     home is neglected or abused;
2830          (v) abandonment of a child through an unregulated custody transfer; or
2831          (vi) educational neglect.
2832          (b) "Neglect" does not include:
2833          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
2834     reason, does not provide specified medical treatment for a child;
2835          (ii) a health care decision made for a child by the child's parent or guardian, unless the
2836     state or other party to a proceeding shows, by clear and convincing evidence, that the health
2837     care decision is not reasonable and informed;
2838          (iii) a parent or guardian exercising the right described in Section [78A-6-301.5]
2839     80-3-304; or
2840          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2841     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
2842     including:
2843          (A) traveling to and from school, including by walking, running, or bicycling;
2844          (B) traveling to and from nearby commercial or recreational facilities;
2845          (C) engaging in outdoor play;
2846          (D) remaining in a vehicle unattended, except under the conditions described in

2847     Subsection 76-10-2202(2);
2848          (E) remaining at home unattended; or
2849          (F) engaging in a similar independent activity.
2850          [(41)] (52) "Neglected child" means a child who has been subjected to neglect.
2851          [(42)] (53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
2852     probation officer, without [judicial determination] an adjudication of the minor's case under
2853     Section 80-6-701, upon the consent in writing of:
2854          (a) the assigned juvenile probation officer; and
2855          (b) (i) the minor; or
2856          (ii) the minor and the minor's parent, legal guardian, or custodian.
2857          [(43)] (54) "Not competent to proceed" means that a minor, due to a mental illness,
2858     intellectual disability or related condition, or developmental immaturity, lacks the ability to:
2859          (a) understand the nature of the proceedings against the minor or of the potential
2860     disposition for the offense charged; or
2861          (b) consult with counsel and participate in the proceedings against the minor with a
2862     reasonable degree of rational understanding.
2863          (55) "Parole" means a conditional release of a juvenile offender from residency in
2864     secure care to live outside of secure care under the supervision of the Division of Juvenile
2865     Justice Services, or another person designated by the Division of Juvenile Justice Services.
2866          [(44)] (56) "Physical abuse" means abuse that results in physical injury or damage to a
2867     child.
2868          [(45)] (57) (a) "Probation" means a legal status created by court order, following an
2869     adjudication [on the ground of a violation of law or under Section 78A-6-103,] under Section
2870     80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed
2871     conditions.
2872          (b) "Probation" includes intake probation or formal probation.
2873          [(46)] (58) "Prosecuting attorney" means:
2874          (a) the attorney general and any assistant attorney general;
2875          (b) any district attorney or deputy district attorney;
2876          (c) any county attorney or assistant county attorney; and
2877          (d) any other attorney authorized to commence an action on behalf of the state.

2878          (59) "Protective custody" means the shelter of a child by the Division of Child and
2879     Family Services from the time the child is removed from the home until the earlier of:
2880          (a) the day on which the shelter hearing is held under Section 80-3-301; or
2881          (b) the day on which the child is returned home.
2882          [(47)] (60) "Protective supervision" means a legal status created by court order,
2883     following an adjudication on the ground of abuse, neglect, or dependency, whereby:
2884          (a) the minor is permitted to remain in the minor's home[,]; and
2885          (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2886     by [the probation department or other agency designated by the court] an agency designated by
2887     the juvenile court.
2888          [(48)] (61) (a) "Related condition" means a condition that:
2889          (i) is found to be closely related to intellectual disability;
2890          (ii) results in impairment of general intellectual functioning or adaptive behavior
2891     similar to that of an intellectually disabled individual;
2892          (iii) is likely to continue indefinitely; and
2893          (iv) constitutes a substantial limitation to the individual's ability to function in society.
2894          (b) "Related condition" does not include mental illness, psychiatric impairment, or
2895     serious emotional or behavioral disturbance.
2896          [(49)] (62) (a) "Residual parental rights and duties" means [those] the rights and duties
2897     remaining with [the] a parent after legal custody or guardianship, or both, have been vested in
2898     another person or agency, including:
2899          (i) the responsibility for support;
2900          (ii) the right to consent to adoption;
2901          (iii) the right to determine the child's religious affiliation; and
2902          (iv) the right to reasonable parent-time unless restricted by the court.
2903          (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2904     right to consent to:
2905          (i) marriage;
2906          (ii) enlistment; and
2907          (iii) major medical, surgical, or psychiatric treatment.
2908          [(50) "Secure facility" means any facility operated by or under contract with the

2909     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2910     youth offenders committed to the division for custody and rehabilitation in accordance with
2911     Subsection 78A-6-117(2)(d).]
2912          (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
2913     the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2914     without permission.
2915          (64) "Secure care" means placement of a minor, who is committed to the Division of
2916     Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
2917     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
2918     minor.
2919          (65) "Secure care facility" means a facility, established in accordance with Section
2920     80-5-503, for juvenile offenders in secure care.
2921          (66) "Secure detention" means temporary care of a minor who requires secure custody
2922     in a physically restricting facility operated by, or under contract with, the Division of Juvenile
2923     Justice Services:
2924          (a) before disposition of an offense that is alleged to have been committed by the
2925     minor; or
2926          (b) under Section 80-6-704.
2927          (67) "Serious youth offender" means an individual who:
2928          (a) is at least 14 years old, but under 25 years old;
2929          (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2930     of the juvenile court was extended over the individual's case until the individual was 25 years
2931     old in accordance with Section 80-6-605; and
2932          (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
2933     secure care under Sections 80-6-703 and 80-6-705.
2934          [(51)] (68) "Severe abuse" means abuse that causes or threatens to cause serious harm
2935     to a child.
2936          [(52)] (69) "Severe neglect" means neglect that causes or threatens to cause serious
2937     harm to a child.
2938          [(53)] (70) "Sexual abuse" means:
2939          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an

2940     adult directed towards a child;
2941          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2942     committed by a child towards another child if:
2943          (i) there is an indication of force or coercion;
2944          (ii) the children are related, as described in Subsection [(30)] (34), including siblings
2945     by marriage while the marriage exists or by adoption;
2946          (iii) there have been repeated incidents of sexual contact between the two children,
2947     unless the children are 14 years old or older; or
2948          (iv) there is a disparity in chronological age of four or more years between the two
2949     children;
2950          (c) engaging in any conduct with a child that would constitute an offense under any of
2951     the following, regardless of whether the individual who engages in the conduct is actually
2952     charged with, or convicted of, the offense:
2953          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2954     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2955          (ii) child bigamy, Section 76-7-101.5;
2956          (iii) incest, Section 76-7-102;
2957          (iv) lewdness, Section 76-9-702;
2958          (v) sexual battery, Section 76-9-702.1;
2959          (vi) lewdness involving a child, Section 76-9-702.5; or
2960          (vii) voyeurism, Section 76-9-702.7; or
2961          (d) subjecting a child to participate in or threatening to subject a child to participate in
2962     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2963     marriage.
2964          [(54)] (71) "Sexual exploitation" means knowingly:
2965          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2966          (i) pose in the nude for the purpose of sexual arousal of any individual; or
2967          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2968     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2969          (b) displaying, distributing, possessing for the purpose of distribution, or selling
2970     material depicting a child:

2971          (i) in the nude, for the purpose of sexual arousal of any individual; or
2972          (ii) engaging in sexual or simulated sexual conduct; or
2973          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2974     sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2975     is actually charged with, or convicted of, the offense.
2976          [(55)] (72) "Shelter" means the temporary care of a child in a physically unrestricted
2977     facility pending [court] a disposition or transfer to another jurisdiction.
2978          (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
2979          [(56)] (74) "Single criminal episode" means the same as that term is defined in Section
2980     76-1-401.
2981          [(57)] (75) "Status offense" means [a violation of the law that would not be a violation]
2982     an offense that would not be an offense but for the age of the offender.
2983          [(58)] (76) "Substance abuse" means the misuse or excessive use of alcohol or other
2984     drugs or substances.
2985          [(59)] (77) "Substantiated" means the same as that term is defined in Section
2986     62A-4a-101.
2987          [(60)] (78) "Supported" means the same as that term is defined in Section 62A-4a-101.
2988          [(61)] (79) "Termination of parental rights" means the permanent elimination of all
2989     parental rights and duties, including residual parental rights and duties, by court order.
2990          [(62)] (80) "Therapist" means:
2991          (a) an individual employed by a state division or agency for the purpose of conducting
2992     psychological treatment and counseling of a minor in [its] the division's or agency's custody; or
2993          (b) any other individual licensed or approved by the state for the purpose of conducting
2994     psychological treatment and counseling.
2995          [(63)] (81) "Threatened harm" means actions, inactions, or credible verbal threats,
2996     indicating that the child is at an unreasonable risk of harm or neglect.
2997          (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
2998     conflict:
2999          (a) results in behavior that is beyond the control or ability of the child, or the parent or
3000     guardian, to manage effectively;
3001          (b) poses a threat to the safety or well-being of the child, the child's family, or others;

3002     or
3003          (c) results in the situations described in Subsections (82)(a) and (b).
3004          [(64)] (83) "Unregulated custody transfer" means the placement of a child:
3005          (a) with an individual who is not the child's parent, step-parent, grandparent, adult
3006     sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
3007     whom the child is familiar, or a member of the child's federally recognized tribe;
3008          (b) with the intent of severing the child's existing parent-child or guardian-child
3009     relationship; and
3010          (c) without taking:
3011          (i) reasonable steps to ensure the safety of the child and permanency of the placement;
3012     and
3013          (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
3014     guardianship to the individual taking custody of the child.
3015          [(65)] (84) "Unsupported" means the same as that term is defined in Section
3016     62A-4a-101.
3017          [(66)] (85) "Unsubstantiated" means the same as that term is defined in Section
3018     62A-4a-101.
3019          [(67)] (86) "Validated risk and needs assessment" means an evidence-based tool that
3020     assesses a minor's risk of reoffending and a minor's criminogenic needs.
3021          [(68) (a) "Victim" means a person that the court determines has suffered a material loss
3022     as a result of a minor's wrongful act or conduct.]
3023          [(b) "Victim" includes the Utah Office for Victims of Crime.]
3024          [(69)] (87) "Without merit" means the same as that term is defined in Section
3025     62A-4a-101.
3026          (88) "Youth offender" means an individual who is:
3027          (a) at least 12 years old, but under 21 years old; and
3028          (b) committed by the juvenile court to the Division of Juvenile Justice Services for
3029     secure care under Sections 80-6-703 and 80-6-705.
3030          Section 52. Section 80-1-103, which is renumbered from Section 78A-6-1110 is
3031     renumbered and amended to read:
3032          [78A-6-1110].      80-1-103. Cooperation of political subdivisions and public or

3033     private agencies and organizations.
3034          (1) Every county, municipality, and school district, and the Department of Human
3035     Services, the Division of Juvenile Justice Services, the Division of Child and Family Services,
3036     the Department of Health, the Division of Substance Abuse and Mental Health, the State Board
3037     of Education, and state and local law enforcement officers, shall render all assistance and
3038     cooperation within their jurisdiction and power to further the [objects] provisions of this
3039     [chapter, and the juvenile courts are] title.
3040          (2) A juvenile court is authorized to seek the cooperation of all agencies and
3041     organizations, public or private, whose [object] objective is the protection or aid of minors.
3042          Section 53. Section 80-2-101 is enacted to read:
3043          80-2-101. Title.
3044          Reserved
3045          Section 54. Section 80-3-101 is enacted to read:
3046     
CHAPTER 3. ABUSE, NEGLECT, AND DEPENDENCY PROCEEDINGS

3047     
Part 1. General Provisions

3048          80-3-101. Title.
3049          This chapter is known as "Abuse, Neglect, and Dependency Proceedings."
3050          Section 55. Section 80-3-102, which is renumbered from Section 78A-6-301 is
3051     renumbered and amended to read:
3052          [78A-6-301].      80-3-102. Definitions.
3053          As used in this [part] chapter:
3054          (1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
3055     this chapter to commence proceedings in a juvenile court alleging that a child is:
3056          (a) abused;
3057          (b) neglected; or
3058          (c) dependent.
3059          (2) "Child protection team" means the same as that term is defined in Section
3060     62A-4a-101.
3061          (3) "Child protection unit" means the same as that term is defined in Section
3062     62A-4a-101.
3063          [(1)] (4) "Custody" means the same as that term is defined in Section 62A-4a-101.

3064          (5) "Division" means the Division of Child and Family Services created in Section
3065     62A-4a-103.
3066          (6) "Friend" means an adult who:
3067          (a) has an established relationship with the child or a family member of the child; and
3068          (b) is not the natural parent of the child.
3069          [(2)] (7) "Immediate family member" means a spouse, child, parent, sibling,
3070     grandparent, or grandchild.
3071          [(3) "Protective custody" means the shelter of a child by the division from the time the
3072     child is removed from home until the earlier of:]
3073          [(a) the shelter hearing; or]
3074          [(b) the child's return home.]
3075          (8) "Relative" means an adult who:
3076          (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
3077     brother in law, sister in law, stepparent, first cousin, stepsibling, or sibling;
3078          (b) is a first cousin of the child's parent;
3079          (c) is an adoptive parent of the child's sibling; or
3080          (d) in the case of a child who is an Indian child, an extended family member as defined
3081     in 25 U.S.C. Sec. 1903.
3082          (9) "Shelter care" means the same as that term is defined in Section 62A-4a-101.
3083          [(4)] (10) "Sibling" means the same as that term is defined in Section 62A-4a-101.
3084          [(5)] (11) "Sibling visitation" means the same as that term is defined in Section
3085     62A-4a-101.
3086          (12) "Substitute care" means the same as that term is defined in Section 62A-4a-101.
3087          [(6)] (13) "Temporary custody" means [the custody of a child in the division from the
3088     date of the shelter hearing until disposition] the same as that term is defined in Section
3089     62A-4a-101.
3090          Section 56. Section 80-3-103, which is renumbered from Section 78A-6-303 is
3091     renumbered and amended to read:
3092          [78A-6-303].      80-3-103. Nature of proceedings -- Rules of procedure -- Ex
3093     parte communications.
3094          [(1) The Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure apply

3095     to abuse, neglect, and dependency proceedings unless the provisions of this part specify
3096     otherwise.]
3097          (1) The proceedings under this chapter are civil in nature and are governed by the Utah
3098     Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
3099          (2) Any unauthorized ex parte communication concerning a pending case between a
3100     judge and a party to an abuse, neglect, or dependency proceeding shall be recorded for
3101     subsequent review, if necessary, by the Judicial Conduct Commission.
3102          Section 57. Section 80-3-104, which is renumbered from Section 78A-6-317 is
3103     renumbered and amended to read:
3104          [78A-6-317].      80-3-104. Individuals entitled to be present at proceedings --
3105     Legal representation -- Attorney general responsibilities.
3106          (1) (a) A [child] minor who is the subject of a juvenile court hearing, any person
3107     entitled to notice [pursuant to Section 78A-6-306 or 78A-6-310] under Section 80-3-201 or
3108     80-3-301, preadoptive parents, foster parents, and any relative providing care for the [child]
3109     minor, are:
3110          [(a)] (i) entitled to notice of, and to be present at, each hearing and proceeding held
3111     under this [part] chapter, including administrative reviews; and
3112          [(b)] (ii) have a right to be heard at each hearing and proceeding described in
3113     Subsection (1)(a)(i).
3114          [(2) A child shall be represented at each hearing by the guardian ad litem appointed to
3115     the child's case by the court. The child has a right to be present at each hearing, subject to the
3116     discretion of the guardian ad litem or the court regarding any possible detriment to the child.]
3117          (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the
3118     discretion of the guardian ad litem, as defined in Section 78A-2-801, appointed under
3119     Subsection (3) or the juvenile court regarding any possible detriment to the child.
3120          [(3)] (2) (a) The parent or guardian of a [child] minor who is the subject of [a] an
3121     abuse, neglect, or dependency petition [under this part] has the right to be represented by
3122     counsel, and to present evidence, at each hearing.
3123          [(b) A court may appoint an indigent defense service provider as provided in Title 78B,
3124     Chapter 22, Indigent Defense Act.]
3125          (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition,

3126     the juvenile court shall:
3127          (i) appoint an indigent defense service provider for a parent or guardian determined to
3128     be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
3129     Counsel; and
3130          (ii) order indigent defense services for the parent or legal guardian who is determined
3131     to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
3132     Counsel.
3133          [(4)] (3) (a) In [every] an abuse, neglect, or dependency proceeding under this chapter,
3134     the juvenile court shall order that the child be represented by [a] an attorney guardian ad litem,
3135     in accordance with Section [78A-6-902. The] 78A-2-803.
3136          (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best
3137     interest of the [child] minor, in accordance with the requirements of [that section,] Section
3138     78A-2-803:
3139          (i) at the shelter hearing and at all subsequent court and administrative proceedings,
3140     including any proceeding for termination of parental rights in accordance with [Part 5,
3141     Termination of Parental Rights Act.] Chapter 4, Termination and Restoration of Parental
3142     Rights; and
3143          (ii) in other actions initiated under this chapter when appointed by the court under
3144     Section 78A-2-803 or as otherwise provided by law.
3145          (4) Subject to the attorney general's prosecutorial discretion in civil enforcement
3146     actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all
3147     provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to
3148     protection or custody of an abused, neglected, or dependent minor and the termination of
3149     parental rights.
3150          (5) (a) The juvenile court shall admit any individual to a hearing, including a hearing
3151     under Section 80-3-205, unless the juvenile court makes a finding upon the record that the
3152     individual's presence at the hearing would:
3153          (i) be detrimental to the best interest of a minor who is a party to the proceeding;
3154          (ii) impair the fact-finding process; or
3155          (iii) be otherwise contrary to the interests of justice.
3156          (b) The juvenile court may exclude an individual from a hearing under Subsection

3157     (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
3158          [(5) (a) Except as provided in Subsection (5)(b), and notwithstanding any other
3159     provision of law:]
3160          [(i) counsel for all parties to the action shall be given access to all records, maintained
3161     by the division or any other state or local public agency, that are relevant to the abuse, neglect,
3162     or dependency proceeding under this chapter; and]
3163          [(ii) if the natural parent of a child is not represented by counsel, the natural parent
3164     shall have access to the records described in Subsection (5)(a)(i).]
3165          [(b) The disclosures described in Subsection (5)(a) are not required in the following
3166     circumstances:]
3167          [(i) subject to Subsection (5)(c), the division or other state or local public agency did
3168     not originally create the record being requested;]
3169          [(ii) disclosure of the record would jeopardize the life or physical safety of a child who
3170     has been a victim of abuse or neglect, or any person who provided substitute care for the child;]
3171          [(iii) disclosure of the record would jeopardize the anonymity of the person or persons
3172     making the initial report of abuse or neglect or any others involved in the subsequent
3173     investigation;]
3174          [(iv) disclosure of the record would jeopardize the life or physical safety of an
3175     individual who has been a victim of domestic violence;]
3176          [(v) the record is a report maintained in the Management Information System, for
3177     which a finding of unsubstantiated, unsupported, or without merit has been made, unless the
3178     person requesting the information is the alleged perpetrator in the report or counsel for the
3179     alleged perpetrator in the report; or]
3180          [(vi) the record is a Children's Justice Center interview, including a video or audio
3181     recording, and a transcript of the recording, the release of which is governed by Section
3182     77-37-4.]
3183          [(c) If a disclosure is denied under Subsection (5)(b)(i), the division shall inform the
3184     person making the request of the following:]
3185          [(i) the existence of all records in the possession of the division or any other state or
3186     local public agency;]
3187          [(ii) the name and address of the person or agency that originally created the record;

3188     and]
3189          [(iii) that the requesting person must seek access to the record from the person or
3190     agency that originally created the record.]
3191          Section 58. Section 80-3-105 is enacted to read:
3192          80-3-105. Consolidation of proceedings.
3193          (1) Subject to Subsection (2), when more than one child is involved in a home situation
3194     that may be found to constitute abuse, neglect, or dependency, the proceedings may be
3195     consolidated.
3196          (2) Separate hearings may be held in proceedings consolidated under Subsection (1)
3197     with respect to disposition.
3198          Section 59. Section 80-3-106 is enacted to read:
3199          80-3-106. Record of proceedings.
3200          (1) As used in this section:
3201          (a) "Record of a proceeding" does not include documentary materials of any type
3202     submitted to the juvenile court as part of the proceeding, including items submitted under Utah
3203     Rules of Juvenile Procedure, Rule 45.
3204          (b) "Subjects of the record" includes the child's attorney guardian ad litem, the child's
3205     guardian, the division, and any other party to the proceeding.
3206          (2) (a) Except as provided in Subsection (2)(b), the juvenile court shall take a verbatim
3207     record of the proceedings under this chapter, unless dispensed with by the juvenile court.
3208          (b) A juvenile court shall take a verbatim record of the proceedings in all cases under
3209     this chapter that might result in deprivation of custody.
3210          (3) Notwithstanding any other provision, including Title 63G, Chapter 2, Government
3211     Records Access and Management Act, the juvenile court shall release a record of a proceeding
3212     made under Subsection (2) to any person upon a finding on the record for good cause.
3213          (4) Following a petition for a record of a proceeding made under Subsection (2), the
3214     juvenile court shall:
3215          (a) provide notice to all subjects of the record that a request for release of the record
3216     has been made; and
3217          (b) allow sufficient time for the subjects of the record to respond before making a
3218     finding on the petition.

3219          (5) A record of a proceeding may not be released under this section if the juvenile
3220     court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
3221     day on which the request is made.
3222          Section 60. Section 80-3-107 is enacted to read:
3223          80-3-107. Disclosure of records -- Record sharing.
3224          (1) (a) Except as provided in Subsections (1)(c) through (e), in an abuse, neglect, or
3225     dependency proceeding occurring after the commencement of a shelter hearing under Section
3226     80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the
3227     proceeding shall provide in writing to any other party or the other party's counsel any
3228     information that the party:
3229          (i) plans to report to the juvenile court at the proceeding; or
3230          (ii) could reasonably expect would be requested of the party by the juvenile court at the
3231     proceeding.
3232          (b) A party providing the disclosure required under Subsection (1)(a) shall make the
3233     disclosure:
3234          (i) for a dispositional hearing under Part 4, Adjudication and Disposition, no less than
3235     five days before the day on which the dispositional hearing is held; and
3236          (ii) for all other proceedings, no less than five days before the day on which the
3237     proceeding is held.
3238          (c) The division is not required to provide a court report or a child and family plan
3239     described in Section 62A-4a-205 to each party to the proceeding if:
3240          (i) the information is electronically filed with the juvenile court; and
3241          (ii) each party to the proceeding has access to the electronically filed information.
3242          (d) If a party to a proceeding obtains information after the deadline described in
3243     Subsection (1)(b), the information is exempt from the disclosure required under Subsection
3244     (1)(a) if the party certifies to the juvenile court that the information was obtained after the
3245     deadline.
3246          (e) Subsection (1)(a) does not apply to:
3247          (i) pretrial hearings; and
3248          (ii) the frequent, periodic review hearings held in a dependency drug court case to
3249     assess and promote the parent's progress in substance use disorder treatment.

3250          (2) (a) Except as provided in Subsection (2)(b), and notwithstanding any other
3251     provision of law:
3252          (i) counsel for all parties to the action shall be given access to all records, maintained
3253     by the division or any other state or local public agency, that are relevant to the abuse, neglect,
3254     or dependency proceeding under this chapter; and
3255          (ii) if the natural parent of a child is not represented by counsel, the natural parent shall
3256     have access to the records described in Subsection (2)(a)(i).
3257          (b) The disclosures described in Subsection (2)(a) are not required if:
3258          (i) subject to Subsection (2)(c), the division or other state or local public agency did not
3259     originally create the record being requested;
3260          (ii) disclosure of the record would jeopardize the life or physical safety of a child who
3261     has been a victim of abuse or neglect, or any individual who provided substitute care for the
3262     child;
3263          (iii) disclosure of the record would jeopardize the anonymity of the individual making
3264     the initial report of abuse or neglect or any others involved in the subsequent investigation;
3265          (iv) disclosure of the record would jeopardize the life or physical safety of an
3266     individual who has been a victim of domestic violence;
3267          (v) the record is a report maintained in the Management Information System, for which
3268     a finding of unsubstantiated, unsupported, or without merit has been made, unless the
3269     individual requesting the information is the alleged perpetrator in the report or counsel for the
3270     alleged perpetrator in the report; or
3271          (vi) the record is a Children's Justice Center interview, including a video or audio
3272     recording, and a transcript of the recording, the release of which is governed by Section
3273     77-37-4.
3274          (c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the
3275     individual making the request:
3276          (i) of the existence of all records in the possession of the division or any other state or
3277     local public agency;
3278          (ii) of the name and address of the individual or agency that originally created the
3279     record; and
3280          (iii) that the individual making the request must seek access to the record from the

3281     individual or agency that originally created the record.
3282          Section 61. Section 80-3-108, which is renumbered from Section 78A-6-305 is
3283     renumbered and amended to read:
3284          [78A-6-305].      80-3-108. Opportunity for a minor to address the juvenile
3285     court -- Consideration of minor's statement outside of court.
3286          (1) [For purposes of] As used in this section, "postadjudication hearing" means:
3287          (a) a dispositional hearing;
3288          (b) a permanency hearing; or
3289          (c) a review hearing, except a drug court review hearing.
3290          (2) A minor shall be present at any postadjudication hearing in a case relating to the
3291     abuse, neglect, or dependency of the minor, unless the juvenile court determines that:
3292          (a) requiring the minor to be present at the postadjudication hearing would be
3293     detrimental to the minor or impractical; or
3294          (b) the minor is not sufficiently mature to articulate the minor's wishes in relation to the
3295     hearing.
3296          (3) A juvenile court may, in the juvenile court's discretion, order that a minor described
3297     in Subsection (2) be present at a hearing that is not a postadjudication hearing.
3298          (4) (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the
3299     abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile
3300     court shall:
3301          (i) ask the minor whether the minor desires the opportunity to address the juvenile
3302     court or testify; and
3303          (ii) if the minor desires an opportunity to address the juvenile court or testify, allow the
3304     minor to address the juvenile court or testify.
3305          (b) Subsection (4)(a) does not apply if the juvenile court determines that:
3306          (i) it would be detrimental to the minor to comply with Subsection (4)(a); or
3307          (ii) the minor is not sufficiently mature to articulate the minor's wishes in relation to
3308     the hearing.
3309          (c) Subject to applicable court rules, the juvenile court may allow the minor to address
3310     the court in camera.
3311          (d) If a minor 14 years [of age] old or older desires an opportunity to address the

3312     juvenile court or testify, the juvenile court shall give the minor's desires added weight, but may
3313     not treat the minor's desires as the single controlling factor in a postadjudication hearing or
3314     other hearing described in Subsection (3).
3315          (e) For the purpose of establishing the fact of abuse, neglect, or dependency, the
3316     juvenile court may, in the juvenile court's discretion, consider evidence of statements made by
3317     a child under eight years old to an individual in a trust relationship.
3318          (5) [Nothing in this section prohibits] This section does not prohibit a minor from
3319     being present at a hearing that the minor is not required to be at [by] under this section or by
3320     court order, unless the juvenile court orders otherwise.
3321          Section 62. Section 80-3-109, which is renumbered from Section 78A-6-324 is
3322     renumbered and amended to read:
3323          [78A-6-324].      80-3-109. Physical or mental health examination during
3324     proceedings -- Division duties.
3325          [(1) When a mental health practitioner is appointed in any juvenile court proceeding to
3326     evaluate the mental health of a parent or a minor, or to provide mental health services to a
3327     parent or minor, the court:]
3328          (1) In a proceeding under this chapter, the juvenile court:
3329          (a) may appoint any mental health therapist, as defined in Section 58-60-102, [which]
3330     who the juvenile court finds to be qualified[; and] to:
3331          (i) evaluate the mental health of a minor or provide mental health services to the minor;
3332     or
3333          (ii) after notice and a hearing set for the specific purpose, evaluate the mental health of
3334     the minor's parent or guardian or provide mental health services to the parent or guardian if the
3335     juvenile court finds from the evidence presented at the hearing that the parent's or guardian's
3336     mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of
3337     the minor; or
3338          (b) may appoint a physician or a physician assistant who the juvenile court finds to be
3339     qualified to:
3340          (i) physically examine the minor; or
3341          (ii) after notice and a hearing set for the specific purpose, physically examine the
3342     minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing

3343     that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect,
3344     or dependency of the minor.
3345          [(b)] (2) The juvenile court may not refuse to appoint a mental health therapist under
3346     Subsection (1) for the reason that the therapist's recommendations in another case [have not
3347     followed] did not follow the recommendations of the [Division of Child and Family Services]
3348     division.
3349          [(2) This section applies to all juvenile court proceedings involving:]
3350          (3) The division shall, with regard to a minor in the division's custody:
3351          (a) take reasonable measures to notify a minor's parent or guardian of any
3352     non-emergency health treatment or care scheduled for a minor;
3353          (b) include the minor's parent or guardian as fully as possible in making health care
3354     decisions for the minor;
3355          (c) defer to the minor's parent's or guardian's reasonable and informed decisions
3356     regarding the minor's health care to the extent that the minor's health and well-being are not
3357     unreasonably compromised by the parent's or guardian's decision; and
3358          (d) notify the minor's parent or guardian within five business days after the day on
3359     which the minor receives emergency health care or treatment.
3360          (4) An examination conducted in accordance with Subsection (1) is not a privileged
3361     communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
3362     rule of privilege.
3363          (5) Subsection (1) applies to a proceeding under this chapter involving:
3364          (a) parents and minors; or
3365          (b) the [Division of Child and Family Services] division.
3366          Section 63. Section 80-3-110, which is renumbered from Section 78A-6-115 is
3367     renumbered and amended to read:
3368          [78A-6-115].      80-3-110. Consideration of cannabis during proceedings.
3369          [(1) (a) A verbatim record of the proceedings shall be taken in all cases that might
3370     result in deprivation of custody as defined in this chapter. In all other cases a verbatim record
3371     shall also be made unless dispensed with by the court.]
3372          [(b) (i) For purposes of this Subsection (1)(b):]
3373          [(A) "Record of a proceeding" does not include documentary materials of any type

3374     submitted to the court as part of the proceeding, including items submitted under Subsection
3375     (4)(a).]
3376          [(B) "Subjects of the record" includes the child's guardian ad litem, the child's legal
3377     guardian, the Division of Child and Family Services, and any other party to the proceeding.]
3378          [(ii) Notwithstanding any other provision, including Title 63G, Chapter 2, Government
3379     Records Access and Management Act, the court shall release a record of a proceeding made
3380     under Subsection (1)(a) to any person upon a finding on the record for good cause.]
3381          [(iii) Following a petition for a record of a proceeding made under Subsection (1)(a),
3382     the court shall:]
3383          [(A) provide notice to all subjects of the record that a request for release of the record
3384     has been made; and]
3385          [(B) allow sufficient time for the subjects of the record to respond before making a
3386     finding on the petition.]
3387          [(iv) A record of a proceeding may not be released under this Subsection (1)(b) if the
3388     court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
3389     day on which the request is made.]
3390          [(2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3391     prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3392     case.]
3393          [(b) Subject to the attorney general's prosecutorial discretion in civil enforcement
3394     actions, the attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
3395     Family Services, and this chapter, relating to:]
3396          [(i) protection or custody of an abused, neglected, or dependent child; and]
3397          [(ii) petitions for termination of parental rights.]
3398          [(3) The board may adopt special rules of procedure to govern proceedings involving
3399     violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3400     involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3401     of driving privileges.]
3402          [(4) (a) For the purposes of determining proper disposition of the minor in
3403     dispositional hearings and establishing the fact of abuse, neglect, or dependency in adjudication
3404     hearings and in hearings upon petitions for termination of parental rights, written reports and

3405     other material relating to the minor's mental, physical, and social history and condition may be
3406     received in evidence and may be considered by the court along with other evidence. The court
3407     may require that the individual who wrote the report or prepared the material appear as a
3408     witness if the individual is reasonably available.]
3409          [(b) For the purpose of determining proper disposition of a minor alleged to be or
3410     adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3411     under Section 78A-6-315 may be received in evidence and may be considered by the court
3412     along with other evidence. The court may require any individual who participated in preparing
3413     the dispositional report to appear as a witness, if the individual is reasonably available.]
3414          [(5) (a) Except as provided in Subsections (5)(c) through (e), in an abuse, neglect, or
3415     dependency proceeding occurring after the commencement of a shelter hearing under Section
3416     78A-6-306 or the filing of a petition under Section 78A-6-304, each party to the proceeding
3417     shall provide in writing to the other parties or their counsel any information which the party:]
3418          [(i) plans to report to the court at the proceeding; or]
3419          [(ii) could reasonably expect would be requested of the party by the court at the
3420     proceeding.]
3421          [(b) The disclosure required under Subsection (5)(a) shall be made:]
3422          [(i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3423     five days before the day on which the proceeding is held;]
3424          [(ii) for proceedings under Chapter 6, Part 5, Termination of Parental Rights Act, in
3425     accordance with Utah Rules of Civil Procedure; and]
3426          [(iii) for all other proceedings, no less than five days before the day on which the
3427     proceeding is held.]
3428          [(c) The division is not required to provide a court report or a child and family plan to
3429     each party to the proceeding if:]
3430          [(i) the information is electronically filed with the court; and]
3431          [(ii) each party to the proceeding has access to the electronically filed information.]
3432          [(d) If a party to a proceeding obtains information after the deadline in Subsection
3433     (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3434     party certifies to the court that the information was obtained after the deadline.]
3435          [(e) Subsection (5)(a) does not apply to:]

3436          [(i) pretrial hearings; and]
3437          [(ii) the frequent, periodic review hearings held in a dependency drug court case to
3438     assess and promote the parent's progress in substance use disorder treatment.]
3439          [(6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3440     may, in the court's discretion, consider evidence of statements made by a child under eight
3441     years of age to an individual in a trust relationship.]
3442          [(7)] (1) [(a)] As used in this [Subsection (7)] section:
3443          [(i)] (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
3444          [(ii)] (b) "Cannabis product" means the same as that term is defined in Section
3445     26-61a-102.
3446          [(iii) (A)] (c) (i) "Chronic" means repeated or patterned.
3447          [(B)] (ii) "Chronic" does not mean an isolated incident.
3448          [(iv)] (d) "Directions of use" means the same as that term is defined in Section
3449     26-61a-102.
3450          [(v)] (e) "Dosing guidelines" means the same as that term is defined in Section
3451     26-61a-102.
3452          [(vi)] (f) "Medical cannabis" means the same as that term is defined in Section
3453     26-61a-102.
3454          [(vii)] (g) "Medical cannabis cardholder" means the same as that term is defined in
3455     Section 26-61a-102.
3456          [(viii)] (h) "Qualified medical provider" means the same as that term is defined in
3457     Section 26-61a-102.
3458          [(b)] (2) In [any child welfare proceeding] a proceeding under this chapter, in which
3459     the juvenile court makes a finding, determination, or otherwise considers an individual's
3460     possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the
3461     juvenile court may not consider or treat the individual's possession or use any differently than
3462     the lawful possession or use of any prescribed controlled substance if:
3463          [(i)] (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
3464     Production Establishments;
3465          [(ii)] (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or
3466     (3); or

3467          [(iii) (A)] (c) (i) the individual's possession or use complies with Title 26, Chapter 61a,
3468     Utah Medical Cannabis Act; and
3469          [(B)] (ii) the individual reasonably complies with the directions of use and dosing
3470     guidelines determined by the individual's qualified medical provider or through a consultation
3471     described in Subsection 26-61a-502(4) or (5).
3472          [(c)] (3) In a [child welfare proceeding] proceeding under this chapter, a child's parent's
3473     or guardian's use of cannabis or a cannabis product is not abuse or neglect of [a] the child
3474     [under Section 78A-6-105] unless there is evidence showing that:
3475          [(i)] (a) the child is harmed because of the child's inhalation or ingestion of cannabis,
3476     or because of cannabis being introduced to the child's body in another manner; or
3477          [(ii)] (b) the child is at an unreasonable risk of harm because of chronic inhalation or
3478     ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
3479          [(d)] (4) Unless there is harm or an unreasonable risk of harm to the child as described
3480     in Subsection [(7)(c)] (3), in a child welfare proceeding under this chapter, a child's parent's or
3481     guardian's use of medical cannabis or a cannabis product is not contrary to the best interests of
3482     [a] the child if:
3483          [(i)] (a) for a medical cannabis cardholder after January 1, 2021, the parent's or
3484     guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3485     and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
3486     deviates from the directions of use and dosing guidelines determined by the parent's or
3487     guardian's qualified medical provider or through a consultation described in Subsection
3488     26-61a-502(4) or (5); or
3489          [(ii)] (b) before January 1, 2021, the parent's or guardian's possession or use complies
3490     with Subsection 58-37-3.7(2) or (3).
3491          [(e)] (5) Subsection [(7)(c)] (3) does not prohibit a finding of abuse or neglect of a
3492     child [under Section 78A-6-105], and Subsection [(7)(d)] (3) does not prohibit a finding that a
3493     parent's or guardian's use of medical cannabis or a cannabis product is contrary to the best
3494     interests of a child, if there is evidence showing a nexus between the parent's or guardian's use
3495     of cannabis or a cannabis product and behavior that would separately constitute abuse or
3496     neglect of the child.
3497          Section 64. Section 80-3-201, which is renumbered from Section 78A-6-304 is

3498     renumbered and amended to read:
3499     
Part 2. Petition Alleging Abuse, Neglect, or Dependency

3500          [78A-6-304].      80-3-201. Petition -- Who may file -- Timing -- Dismissal --
3501     Notice.
3502          [(1) For purposes of this section, "petition" means a petition to commence proceedings
3503     in a juvenile court alleging that a child is:]
3504          [(a) abused;]
3505          [(b) neglected; or]
3506          [(c) dependent.]
3507          [(2) (a)] (1) Subject to Subsection (2)[(b)], any interested person may file [a] an abuse,
3508     neglect, or dependency petition.
3509          [(b)] (2) A person described in Subsection [(2)(a)] (1) shall make a referral with the
3510     division before the person files [a] an abuse, neglect, or dependency petition.
3511          [(3) If the child who is the subject of a petition is removed from the child's home by the
3512     division, the petition shall be filed on or before the date of the initial shelter hearing described
3513     in Section 78A-6-306.]
3514          [(4) The petition shall be verified, and contain all of the following:]
3515          [(a) the name, age, and address, if any, of the child upon whose behalf the petition is
3516     brought;]
3517          [(b) the names and addresses, if known to the petitioner, of both parents and any
3518     guardian of the child;]
3519          [(c) a concise statement of facts, separately stated, to support the conclusion that the
3520     child upon whose behalf the petition is being brought is abused, neglected, or dependent; and]
3521          [(d) a statement regarding whether the child is in protective custody, and if so, the date
3522     and precise time the child was taken into protective custody.]
3523          [(5) If a petition is filed under this section, and a petition for termination of parental
3524     rights is filed under Section 78A-6-504 before a dispositional hearing, a party may request a
3525     hearing on whether reunification services are appropriate in accordance with the factors
3526     described in Subsections 78A-6-312(21) and (23).]
3527          (3) If a child who is the subject of an abuse, neglect, or dependency petition is removed
3528     from the child's home by the division, the petition shall be filed on or before the day on which

3529     the initial shelter hearing described in Section 80-3-301 is held.
3530          (4) An abuse, neglect, or dependency petition shall include:
3531          (a) a concise statement of facts, separately stated, to support the conclusion that the
3532     child upon whose behalf the abuse, neglect, or dependency petition is brought is abused,
3533     neglected, or dependent; and
3534          (b) a statement regarding whether the child is in protective custody, and if so, the date
3535     and precise time the child was taken into protective custody.
3536          (5) (a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall
3537     serve the petition and notice on:
3538          (i) the guardian ad litem;
3539          (ii) both parents and any guardian of the child; and
3540          (iii) the child's foster parents.
3541          (b) The notice described in Subsection (5) shall contain all of the following:
3542          (i) the name and address of the person to whom the notice is directed;
3543          (ii) the date, time, and place of the hearing on the petition;
3544          (iii) the name of the child on whose behalf the petition is brought;
3545          (iv) a statement that the parent or guardian to whom notice is given, and the child, are
3546     entitled to have an attorney present at the hearing on the petition, and that if the parent or
3547     guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
3548     one will be provided; and
3549          (v) a statement that the parent or legal guardian is liable for the cost of support of the
3550     child in the protective custody, temporary custody, and custody of the division, and for legal
3551     counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the
3552     parent's or guardian's financial ability.
3553          (6) The petitioner shall serve the abuse, neglect, or dependency petition and notice
3554     under this section on all individuals described in Subsection (5)(a) as soon as possible after the
3555     petition is filed and at least five days before the day on which the hearing is set.
3556          (7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any
3557     stage of the proceedings.
3558          (8) If an abuse, neglect, or dependency petition includes an allegation of educational
3559     neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this

3560     chapter.
3561          Section 65. Section 80-3-202, which is renumbered from Section 78A-6-107 is
3562     renumbered and amended to read:
3563          [78A-6-107].      80-3-202. Expedited filing of petition.
3564          [(1) For purposes of this section, "petition" means a petition, under Section 78A-6-304,
3565     to commence proceedings in a juvenile court alleging that a child is:]
3566          [(a) abused;]
3567          [(b) neglected; or]
3568          [(c) dependent.]
3569          [(2) If a] (1) If an abuse, neglect, or dependency petition is requested by the division,
3570     the attorney general shall file the abuse, neglect, or dependency petition within 72 hours [of]
3571     after the completion of the division's investigation and request, excluding weekends and
3572     holidays, if:
3573          (a) the child who is the subject of the requested abuse, neglect, or dependency petition
3574     is not removed from the child's home by the division; and
3575          (b) without an expedited hearing and services ordered under the protective supervision
3576     of the juvenile court, the child will likely be taken into protective custody.
3577          [(3)] (2) The juvenile court shall give scheduling priority to the pretrial and
3578     adjudication hearings on [a] an abuse, neglect, or dependency petition if:
3579          (a) the child who is the subject of the petition is not in:
3580          (i) protective custody; or
3581          (ii) temporary custody; and
3582          (b) the division indicates in the petition that, without expedited hearings and services
3583     ordered under the protective supervision of the court, the child will likely be taken into
3584     protective custody.
3585          Section 66. Section 80-3-203 is enacted to read:
3586          80-3-203. Expedited hearing for temporary custody.
3587          (1) After an abuse, neglect, or dependency petition is filed, the juvenile court may
3588     make an order:
3589          (a) providing for temporary custody of the child who is the subject of the petition; or
3590          (b) that the division provide protective services to the child who is the subject of the

3591     petition if the juvenile court determines that:
3592          (i) the child is at risk of being removed from the child's home due to abuse or neglect;
3593     and
3594          (ii) the provision of protective services may make the removal described in Subsection
3595     (1)(b)(i) unnecessary.
3596          (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child
3597     should be placed in temporary custody if:
3598          (i) a person files an abuse, neglect, or dependency petition;
3599          (ii) a party to the proceeding files a motion for expedited placement in temporary
3600     custody; and
3601          (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with
3602     the requirements for notice of a shelter hearing under Section 80-3-301.
3603          (b) The hearing described in Subsection (2)(a):
3604          (i) shall be held within 72 hours, excluding weekends and holidays, after the time in
3605     which the motion described in Subsection (2)(a)(ii) is filed; and
3606          (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of
3607     Juvenile Procedure, Rule 13.
3608          (3) (a) The hearing and notice described in Subsection (1) are subject to:
3609          (i) Section 80-3-301;
3610          (ii) Section 80-3-302; and
3611          (iii) the Utah Rules of Juvenile Procedure.
3612          (b) After the hearing described in Subsection (1), the juvenile court may order a child
3613     placed in the temporary custody of the division.
3614          Section 67. Section 80-3-204, which is renumbered from Section 78A-6-302 is
3615     renumbered and amended to read:
3616          [78A-6-302].      80-3-204. Protective custody of a child after a petition is filed
3617     -- Grounds.
3618          (1) When [a] an abuse, neglect, or dependency petition is filed [under Section
3619     78A-6-304], the juvenile court shall apply, in addressing the petition, the least restrictive means
3620     and alternatives available to accomplish a compelling state interest and to prevent irretrievable
3621     destruction of family life as described in Subsections 62A-4a-201(1) and (7)(a) and Section

3622     [78A-6-503] 80-4-104.
3623          (2) After [a petition has been filed under Section 78A-6-304] an abuse, neglect, or
3624     dependency petition is filed, if the child who is the subject of the petition is not in [the]
3625     protective custody [of the division], a juvenile court may order that the child be removed from
3626     the child's home or otherwise taken into protective custody if the juvenile court finds, by a
3627     preponderance of the evidence, that any one or more of the following circumstances exist:
3628          (a) (i) there is an imminent danger to the physical health or safety of the child; and
3629          (ii) the child's physical health or safety may not be protected without removing the
3630     child from the custody of the child's parent or guardian;
3631          (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
3632     that causes the child to suffer harm; and
3633          (ii) there are no less restrictive means available by which the child's emotional health
3634     may be protected without removing the child from the custody of the child's parent or guardian;
3635          (c) the child or another child residing in the same household has been, or is considered
3636     to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
3637     parent or guardian, a member of the parent's or guardian's household, or other [person]
3638     individual known to the parent or guardian;
3639          (d) the parent or guardian is unwilling to have physical custody of the child;
3640          (e) the child is abandoned or left without any provision for the child's support;
3641          (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
3642     or cannot arrange for safe and appropriate care for the child;
3643          (g) (i) a relative or other adult custodian with whom the child is left by the parent or
3644     guardian is unwilling or unable to provide care or support for the child;
3645          (ii) the whereabouts of the parent or guardian are unknown; and
3646          (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
3647          (h) subject to [Subsections 78A-6-105(39)] Subsection 80-1-102(51)(b) and
3648     [78A-6-117(2) and Section 78A-6-301.5] Sections 80-3-109 and 80-3-304, the child is in
3649     immediate need of medical care;
3650          (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
3651     environment that poses a serious risk to the child's health or safety for which immediate
3652     remedial or preventive action is necessary; or

3653          (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
3654     a threat to the child's health or safety;
3655          (j) the child or another child residing in the same household has been neglected;
3656          (k) the child's natural parent:
3657          (i) intentionally, knowingly, or recklessly causes the death of another parent of the
3658     child;
3659          (ii) is identified by a law enforcement agency as the primary suspect in an investigation
3660     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3661          (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
3662     recklessly causing the death of another parent of the child;
3663          (l) an infant has been abandoned, as defined in Section [78A-6-316] 80-4-203;
3664          (m) (i) the parent or guardian, or an adult residing in the same household as the parent
3665     or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
3666     Act; and
3667          (ii) any clandestine laboratory operation was located in the residence or on the property
3668     where the child resided; or
3669          (n) the child's welfare is otherwise endangered.
3670          (3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
3671     abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
3672     occurs involving the same substantiated abuser or under similar circumstance as the previous
3673     abuse, that fact [constitutes] is prima facie evidence that the child cannot safely remain in the
3674     custody of the child's parent.
3675          (b) For purposes of Subsection (2)(c):
3676          (i) another child residing in the same household may not be removed from the home
3677     unless that child is considered to be at substantial risk of being physically abused, sexually
3678     abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii); and
3679          (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
3680     or sexual exploitation by [a person] an individual known to the parent has occurred, and there
3681     is evidence that the parent or guardian failed to protect the child, after having received the
3682     notice, by allowing the child to be in the physical presence of the alleged abuser, that fact
3683     [constitutes] is prima facie evidence that the child is at substantial risk of being physically

3684     abused, sexually abused, or sexually exploited.
3685          (4) (a) For purposes of Subsection (2), if the division files [a] an abuse, neglect, or
3686     dependency petition [under Section 78A-6-304], the juvenile court shall consider the division's
3687     safety and risk assessments described in Section 62A-4a-203.1 to determine whether a child
3688     should be removed from the custody of the child's parent or guardian or should otherwise be
3689     taken into protective custody.
3690          (b) The division shall make a diligent effort to provide the safety and risk assessments
3691     described in Section 62A-4a-203.1 to the juvenile court, guardian ad litem, and counsel for the
3692     parent or guardian, as soon as practicable before the shelter hearing described in Section
3693     [78A-6-306] 80-3-301.
3694          (5) In the absence of one of the factors described in Subsection (2), a juvenile court
3695     may not remove a child from the parent's or guardian's custody on the basis of:
3696          (a) educational neglect, truancy, or failure to comply with a court order to attend
3697     school;
3698          (b) mental illness or poverty of the parent or guardian; [or]
3699          (c) disability of the parent or guardian, as defined in Section 57-21-2[.]; or
3700          (d) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
3701     Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
3702     dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
3703          (6) A child removed from the custody of the child's parent or guardian under this
3704     section may not be placed or kept in [a secure detention facility pending further court
3705     proceedings unless the child is detainable based on guidelines promulgated by the Division of
3706     Juvenile Justice Services] detention, unless the child may be admitted to detention under
3707     Chapter 6, Part 2, Custody and Detention.
3708          (7) This section does not preclude removal of a child from the child's home without a
3709     warrant or court order under Section 62A-4a-202.1.
3710          (8) (a) Except as provided in Subsection (8)(b), [a court or the Division of Child and
3711     Family Services may not] a juvenile court and the division may not remove a child from the
3712     custody of the child's parent or guardian on the sole or primary basis that the parent or guardian
3713     refuses to consent to:
3714          (i) the administration of a psychotropic medication to a child;

3715          (ii) a psychiatric, psychological, or behavioral treatment for a child; or
3716          (iii) a psychiatric or behavioral health evaluation of a child.
3717          (b) Notwithstanding Subsection (8)(a), [a court or the Division of Child and Family
3718     Services] a juvenile court or the division may remove a child under conditions that would
3719     otherwise be prohibited under Subsection (8)(a) if failure to take an action described under
3720     Subsection (8)(a) would present a serious, imminent risk to the child's physical safety or the
3721     physical safety of others.
3722          Section 68. Section 80-3-205, which is renumbered from Section 78A-6-322 is
3723     renumbered and amended to read:
3724          [78A-6-322].      80-3-205. Coordination of proceedings.
3725          (1) In each case where an information or indictment [has been] is filed against a
3726     defendant concerning abuse, neglect, or dependency of a child, and a petition [has been] is filed
3727     in juvenile court concerning the victim, the appropriate county attorney's or district attorney's
3728     office shall coordinate with the attorney general's office.
3729          (2) Law enforcement personnel, [Division of Child and Family Services] division
3730     personnel, the appointed guardian ad litem, pretrial services personnel, and corrections
3731     personnel shall make reasonable efforts to facilitate the coordination required [by] under this
3732     section.
3733          (3) [Members of interdisciplinary child protection teams, established under Section
3734     62A-4a-409,] A member of a child protection team may participate in the coordination required
3735     [by] under this section.
3736          (4) [Members of a child protection unit, established under Section 10-3-913 or
3737     17-22-2,] A member of a child protection unit may coordinate with the attorney general's
3738     office, [Division of Child and Family Services] division personnel, the appointed guardian ad
3739     litem, pretrial services personnel, and corrections personnel as appropriate under this section.
3740          Section 69. Section 80-3-206 is enacted to read:
3741          80-3-206. Mediation.
3742          If an abuse, neglect, or dependency petition is filed, or if a matter is referred to the
3743     juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties
3744     to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
3745     Resolution Act.

3746          Section 70. Section 80-3-207 is enacted to read:
3747          80-3-207. Modification of petition -- Continuance.
3748          (1) When it appears in a proceeding under this chapter that evidence presented points
3749     to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court
3750     may consider the additional or different matters raised by the evidence if the parties consent.
3751          (2) The juvenile court on motion of any interested party, or on the juvenile court's own
3752     motion, shall direct that the abuse, neglect, or dependency petition be amended to conform to
3753     the evidence described in Subsection (1).
3754          (3) If the amendment described in Subsection (2) results in a substantial departure from
3755     the facts originally alleged in the abuse, neglect, or dependency petition, the juvenile court shall
3756     grant a continuance as justice may require in accordance with Utah Rules of Juvenile
3757     Procedure, Rule 54.
3758          Section 71. Section 80-3-301, which is renumbered from Section 78A-6-306 is
3759     renumbered and amended to read:
3760     
Part 3. Shelter Proceedings and Placement of a Child

3761          [78A-6-306].      80-3-301. Shelter hearing -- Court considerations.
3762          (1) A juvenile court shall hold a shelter hearing [shall be held] to determine the
3763     temporary custody of a child within 72 hours, excluding weekends and holidays, after any one
3764     or all of the following occur:
3765          (a) removal of the child from the child's home by the division;
3766          (b) placement of the child in [the] protective custody [of the division];
3767          (c) emergency placement under Subsection 62A-4a-202.1[(4)](7);
3768          (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
3769     at the request of the division; or
3770          [(e) a "Motion for Expedited Placement in Temporary Custody" is filed under
3771     Subsection 78A-6-106(4)]
3772          (e) a motion for expedited placement in temporary custody is filed under Section
3773     80-3-203.
3774          (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
3775     division shall issue a notice that contains all of the following:
3776          (a) the name and address of the [person] individual to whom the notice is directed;

3777          (b) the date, time, and place of the shelter hearing;
3778          (c) the name of the child on whose behalf [a] an abuse, neglect, or dependency petition
3779     is [being] brought;
3780          (d) a concise statement regarding:
3781          (i) the reasons for removal or other action of the division under Subsection (1); and
3782          (ii) the allegations and code sections under which the proceeding [has been] is
3783     instituted;
3784          (e) a statement that the parent or guardian to whom notice is given, and the child, are
3785     entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
3786     [indigent] an indigent individual and cannot afford an attorney, and desires to be represented by
3787     an attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense
3788     Act; and
3789          (f) a statement that the parent or guardian is liable for the cost of support of the child in
3790     the protective custody, temporary custody, and custody of the division, and the cost for legal
3791     counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
3792     ability of the parent or guardian.
3793          (3) The notice described in Subsection (2) shall be personally served as soon as
3794     possible, but no later than one business day after [removal of] the day on which the child is
3795     removed from the child's home, or the [filing of a "Motion for Expedited Placement in
3796     Temporary Custody" under Subsection 78A-6-106(4)] day on which a motion for expedited
3797     placement in temporary custody under Section 80-3-203 is filed, on:
3798          (a) the appropriate guardian ad litem; and
3799          (b) both parents and any guardian of the child, unless the parents or guardians cannot
3800     be located.
3801          (4) [The] Notwithstanding Section 80-3-104, the following [persons] individuals shall
3802     be present at the shelter hearing:
3803          (a) the child, unless it would be detrimental for the child;
3804          (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
3805     fail to appear in response to the notice;
3806          (c) counsel for the parents, if one is requested;
3807          (d) the child's guardian ad litem;

3808          (e) the [caseworker] child welfare worker from the division who is assigned to the
3809     case; and
3810          (f) the attorney from the attorney general's office who is representing the division.
3811          (5) (a) At the shelter hearing, the juvenile court shall:
3812          (i) provide an opportunity to provide relevant testimony to:
3813          (A) the child's parent or guardian, if present; and
3814          (B) any other [person having] individual with relevant knowledge;
3815          (ii) subject to Section [78A-6-305] 80-3-108, provide an opportunity for the child to
3816     testify; and
3817          (iii) in accordance with Subsections [78A-6-307(18)(c)] 80-3-302(8)(c) through (e),
3818     grant preferential consideration to a relative or friend for the temporary placement of the child.
3819          (b) The juvenile court:
3820          (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
3821     Procedure;
3822          (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
3823     the requesting party, or [their] the requesting party's counsel; and
3824          (iii) may in [its] the juvenile court's discretion limit testimony and evidence to only that
3825     which goes to the issues of removal and the child's need for continued protection.
3826          (6) If the child is in [the] protective custody [of the division], the division shall report
3827     to the juvenile court:
3828          (a) the reason why the child was removed from the parent's or guardian's custody;
3829          (b) any services provided to the child and the child's family in an effort to prevent
3830     removal;
3831          (c) the need, if any, for continued shelter;
3832          (d) the available services that could facilitate the return of the child to the custody of
3833     the child's parent or guardian; and
3834          (e) subject to Subsections [78A-6-307(18)(c)] 80-3-302(8)(c) through (e), whether any
3835     relatives of the child or friends of the child's parents may be able and willing to accept
3836     temporary placement of the child.
3837          (7) The juvenile court shall consider all relevant evidence provided by [persons or
3838     entities] an individual or entity authorized to present relevant evidence [pursuant to] under this

3839     section.
3840          (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
3841     cause shown, the juvenile court may grant no more than one continuance, not to exceed five
3842     judicial days.
3843          (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
3844     guardian for a continuance under Subsection (8)(a).
3845          (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
3846     described in Subsection (2) within the time described in Subsection (3), the juvenile court may
3847     grant the request of a parent or guardian for a continuance, not to exceed five judicial days.
3848          (9) (a) If the child is in [the] protective custody [of the division], the juvenile court
3849     shall order that the child be returned to the custody of the parent or guardian unless [it] the
3850     juvenile court finds, by a preponderance of the evidence, consistent with the protections and
3851     requirements provided in Subsection 62A-4a-201(1), that any one of the following exists:
3852          (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
3853     safety of the child and the child's physical health or safety may not be protected without
3854     removing the child from the custody of the child's parent;
3855          (ii) (A) the child is suffering emotional damage that results in a serious impairment in
3856     the child's growth, development, behavior, or psychological functioning;
3857          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3858     would sufficiently prevent future damage; and
3859          (C) there are no reasonable means available by which the child's emotional health may
3860     be protected without removing the child from the custody of the child's parent or guardian;
3861          (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
3862     not removed from the custody of the child's parent or guardian;
3863          (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
3864     household has been, or is considered to be at substantial risk of being, physically abused,
3865     sexually abused, or sexually exploited by [a]:
3866          (A) a parent or guardian;
3867          (B) a member of the parent's household or the guardian's household; or
3868          (C) [person] an individual known to the parent or guardian;
3869          (v) the parent or guardian is unwilling to have physical custody of the child;

3870          (vi) the child is without any provision for the child's support;
3871          (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
3872     and appropriate care for the child;
3873          (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
3874     guardian is unwilling or unable to provide care or support for the child;
3875          (B) the whereabouts of the parent or guardian are unknown; and
3876          (C) reasonable efforts to locate the parent or guardian are unsuccessful;
3877          [(ix) subject to Subsections 78A-6-105(40)(b) and 78A-6-117(2) and Section
3878     78A-6-301.5, the child is in immediate need of medical care;]
3879          (ix) subject to Subsection 80-1-102(51)(b) and Sections 80-3-109 and 80-3-304, the
3880     child is in immediate need of medical care;
3881          (x) (A) the physical environment or the fact that the child is left unattended beyond a
3882     reasonable period of time poses a threat to the child's health or safety; and
3883          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3884     would remove the threat;
3885          (xi) (A) the child or a minor residing in the same household has been neglected; and
3886          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3887     would prevent the neglect;
3888          (xii) the parent, guardian, or an adult residing in the same household as the parent or
3889     guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
3890     and any clandestine laboratory operation was located in the residence or on the property where
3891     the child resided;
3892          (xiii) (A) the child's welfare is substantially endangered; and
3893          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3894     would remove the danger; or
3895          (xiv) the child's natural parent:
3896          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3897     child;
3898          (B) is identified by a law enforcement agency as the primary suspect in an investigation
3899     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3900          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or

3901     recklessly causing the death of another parent of the child.
3902          (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
3903     established if:
3904          (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
3905     involving the parent; and
3906          (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
3907          (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
3908     knowingly allowed the child to be in the physical care of [a person] an individual after the
3909     parent received actual notice that the [person] individual physically abused, sexually abused, or
3910     sexually exploited the child, that fact [constitutes] is prima facie evidence that there is a
3911     substantial risk that the child will be physically abused, sexually abused, or sexually exploited.
3912          (10) (a) (i) The juvenile court shall [also] make a determination on the record as to
3913     whether reasonable efforts were made to prevent or eliminate the need for removal of the child
3914     from the child's home and whether there are available services that would prevent the need for
3915     continued removal.
3916          (ii) If the juvenile court finds that the child can be safely returned to the custody of the
3917     child's parent or guardian through the provision of [those] the services described in Subsection
3918     (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
3919     that [those] the services be provided by the division.
3920          (b) In accordance with federal law, the juvenile court shall consider the child's health,
3921     safety, and welfare as the paramount concern when making the determination described in
3922     Subsection (10)(a), and in ordering and providing the services[, the child's health, safety, and
3923     welfare shall be the paramount concern, in accordance with federal law] described in
3924     Subsection (10)(a).
3925          (11) Where the division's first contact with the family occurred during an emergency
3926     situation in which the child could not safely remain at home, the juvenile court shall make a
3927     finding that any lack of preplacement preventive efforts, as described in Section 62A-4a-203,
3928     was appropriate.
3929          (12) In cases where [actual] sexual abuse, sexual exploitation, abandonment, severe
3930     abuse, or severe neglect are involved, [neither the division nor the court has] the juvenile court
3931     and the division do not have any duty to make ["]reasonable efforts["] or to, in any other way,

3932     attempt to maintain a child in the child's home, return a child to the child's home, provide
3933     reunification services, or attempt to rehabilitate the offending parent or parents.
3934          (13) The juvenile court may not order continued removal of a child solely on the basis
3935     of educational neglect [as defined in Section 78A-6-105], truancy, or failure to comply with a
3936     court order to attend school.
3937          (14) (a) Whenever a juvenile court orders continued removal of a child under this
3938     section, the juvenile court shall state the facts on which [that] the decision is based.
3939          (b) If no continued removal is ordered and the child is returned home, the juvenile
3940     court shall state the facts on which [that] the decision is based.
3941          (15) If the juvenile court finds that continued removal and temporary custody are
3942     necessary for the protection of a child [pursuant to] under Subsection (9)(a), the juvenile court
3943     shall order continued removal regardless of:
3944          (a) any error in the initial removal of the child;
3945          (b) the failure of a party to comply with notice provisions; or
3946          (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
3947     and Family Services.
3948          Section 72. Section 80-3-302, which is renumbered from Section 78A-6-307 is
3949     renumbered and amended to read:
3950          [78A-6-307].      80-3-302. Shelter hearing -- Placement.
3951          [(1) As used in this section:]
3952          [(a) "Friend" means an adult who:]
3953          [(i) has an established relationship with the child or a family member of the child; and]
3954          [(ii) is not a natural parent of the child.]
3955          [(b) (i) "Natural parent," notwithstanding Section 78A-6-105, means:]
3956          (1) As used in this section:
3957          (a) "Natural parent," notwithstanding Section 80-1-102, means:
3958          [(A)] (i) a biological or adoptive mother of the child;
3959          [(B)] (ii) an adoptive father of the child; or
3960          [(C)] (iii) a biological father of the child who:
3961          [(I)] (A) was married to the child's biological mother at the time the child was
3962     conceived or born; or

3963          [(II)] (B) has strictly complied with Sections 78B-6-120 through 78B-6-122, before
3964     removal of the child or voluntary surrender of the child by the custodial parent.
3965          [(ii)] (b) [The definition of "natural parent" described in Subsection (1)(b)(i) applies]
3966     "Natural parent" includes the individuals described in Subsection (1)(a) regardless of whether
3967     the child has been or will be placed with adoptive parents or whether adoption has been or will
3968     be considered as a long-term goal for the child.
3969          [(c) "Relative" means:]
3970          [(i) an adult who is the child's grandparent, great grandparent, aunt, great aunt, uncle,
3971     great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;]
3972          [(ii) a first cousin of the child's parent;]
3973          [(iii) an adult who is an adoptive parent of the child's sibling; or]
3974          [(iv) in the case of a child defined as an "Indian" under the Indian Child Welfare Act,
3975     25 U.S.C. Sec. 1903, "relative" also means an "extended family member" as defined by that
3976     statute.]
3977          (2) (a) At the shelter hearing, when the juvenile court orders that a child be removed
3978     from the custody of the child's parent in accordance with the requirements of Section
3979     [78A-6-306] 80-3-301, the juvenile court shall first determine whether there is another natural
3980     parent with whom the child was not residing at the time the events or conditions that brought
3981     the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the
3982     child.
3983          (b) [If] Subject to Subsection (8), if another natural parent requests custody under
3984     Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
3985     court finds that the placement would be unsafe or otherwise detrimental to the child.
3986          [(c) This Subsection (2) is limited by Subsection (18)(b).]
3987          [(d) (i)] (c) The juvenile court:
3988          (i) shall make a specific finding regarding the fitness of the parent described in
3989     Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement[.];
3990          (ii) [The court] shall, at a minimum, order the division to visit the parent's home,
3991     comply with the criminal background check provisions described in Section [78A-6-308]
3992     80-3-305, and check the division's management information system for any previous reports of
3993     abuse or neglect received by the division regarding the parent at issue[.];

3994          (iii) [The court] may order the division to conduct any further investigation regarding
3995     the safety and appropriateness of the placement[.]; and
3996          [(iv) The division shall report the division's findings in writing to the court.]
3997          [(v)] (iv) [The court] may place the child in the temporary custody of the division,
3998     pending the juvenile court's determination regarding [that] the placement.
3999          (d) The division shall report the division's findings from an investigation regarding the
4000     child in writing to the juvenile court.
4001          (3) If the juvenile court orders placement with a parent under Subsection (2):
4002          (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
4003          (b) the juvenile court may order:
4004          (i) that the parent [assume] take custody subject to the supervision of the juvenile
4005     court; and
4006          (ii) that services be provided to the parent from whose custody the child was removed,
4007     the parent who has assumed custody, or both; and
4008          (c) the juvenile court shall order reasonable parent-time with the parent from whose
4009     custody the child was removed, unless parent-time is not in the best interest of the child.
4010          (4) The juvenile court shall periodically review an order described in Subsection (3) to
4011     determine whether:
4012          (a) placement with the parent continues to be in the child's best interest;
4013          (b) the child should be returned to the original custodial parent;
4014          (c) the child should be placed [in the custody of] with a relative[, pursuant to] under
4015     Subsections (7) through [(12)] (10); or
4016          (d) the child should be placed in the temporary custody of the division.
4017          (5) The time limitations described in Section [78A-6-312] 80-3-406 with regard to
4018     reunification efforts apply to children placed with a previously noncustodial parent [in
4019     accordance with] under Subsection (2).
4020          (6) (a) Legal custody of the child is not affected by an order entered under Subsection
4021     (2) or (3).
4022          (b) To affect a previous court order regarding legal custody, the party shall petition
4023     [that] the court for modification of [the order] legal custody.
4024          (7) [If] Subject to Subsection (8), if, at the time of the shelter hearing, a child is

4025     removed from the custody of the child's parent and is not placed in the custody of the child's
4026     other parent, the juvenile court:
4027          (a) shall, at that time, determine whether[, subject to Subsections (18)(c) through (e),]
4028     there is a relative or a friend who is able and willing to care for the child, which may include
4029     asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a
4030     placement, if there is a relative or friend with whom the child would prefer to reside;
4031          (b) may order the division to conduct a reasonable search to determine whether[,
4032     subject to Subsections (18)(c) through (e),] there are relatives or friends who are willing and
4033     appropriate, in accordance with the requirements of this [part] chapter and Title 62A, Chapter
4034     4a, Part 2, Child Welfare Services, for placement of the child;
4035          (c) shall order the parents to cooperate with the division, within five working days, to[,
4036     subject to Subsections (18)(c) through (e),] provide information regarding relatives or friends
4037     who may be able and willing to care for the child; and
4038          (d) may order that the child be placed in the temporary custody of the division pending
4039     the determination under Subsection (7)(a).
4040          [(8) This section may not be construed as a guarantee that an identified relative or
4041     friend will receive custody of the child.]
4042          [(9)] (8) (a) Subject to Subsections [(18)(c) through (e)] (8)(b) through (d), preferential
4043     consideration shall be given to a relative's or a friend's request for placement of the child, if [it]
4044     the placement is in the best interest of the child, and the provisions of this section are satisfied.
4045          (b) (i) The preferential consideration that a relative or friend is initially granted under
4046     Subsection (8)(a) expires 120 days after the day on which the shelter hearing occurs.
4047          (ii) After the day on which the time period described in Subsection (8)(b)(i) expires, a
4048     relative or friend, who has not obtained custody or asserted an interest in a child, may not be
4049     granted preferential consideration by the division or the juvenile court.
4050          (c) (i) The preferential consideration that a natural parent is initially granted under
4051     Subsection (2) is limited after 120 days after the day on which the shelter hearing occurs.
4052          (ii) After the time period described in Subsection (8)(c)(i), the juvenile court shall base
4053     the juvenile court's custody decision on the best interest of the child.
4054          (iii) Before the day on which the time period described in Subsection (8)(c)(i) expires,
4055     the following order of preference shall be applied when determining the individual with whom

4056     a child will be placed, provided that the individual is willing and able to care for the child:
4057          (A) a noncustodial parent of the child;
4058          (B) a relative of the child;
4059          (C) subject to Subsection (8)(d), a friend if the friend is a licensed foster parent; and
4060          (D) other placements that are consistent with the requirements of law.
4061          (d) In determining whether a friend is a willing, able, and appropriate placement for a
4062     child, the juvenile court or the division:
4063          (i) subject to Subsections (8)(d)(ii) through (iv), shall consider the child's preferences
4064     or level of comfort with the friend;
4065          (ii) is required to consider no more than one friend designated by each parent of the
4066     child and one friend designated by the child if the child is of sufficient maturity to articulate the
4067     child's wishes in relation to a placement;
4068          (iii) may limit the number of designated friends to two, one of whom shall be a friend
4069     designated by the child if the child is of sufficient maturity to articulate the child's wishes in
4070     relation to a placement; and
4071          (iv) shall give preference to a friend designated by the child if:
4072          (A) the child is of sufficient maturity to articulate the child's wishes; and
4073          (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
4074     child.
4075          (e) (i) If a parent of the child or the child, if the child is of sufficient maturity to
4076     articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
4077     licensed foster parent for placement of the child, but is able to identify a friend who is willing
4078     to become licensed as a foster parent, the department shall fully cooperate to expedite the
4079     licensing process for the friend.
4080          (ii) If the friend described in Subsection (8)(e)(i) becomes licensed as a foster parent
4081     within the time frame described in Subsection (8)(b), the juvenile court shall determine
4082     whether it is in the best interest of the child to place the child with the friend.
4083          [(10)] (9) (a) If a [willing] relative or friend who is willing to cooperate with the child's
4084     permanency goal is identified under Subsection (7)(a), the juvenile court shall make a specific
4085     finding regarding:
4086          (i) the fitness of that relative or friend as a placement for the child; and

4087          (ii) the safety and appropriateness of placement with [that] the relative or friend.
4088          [(b) To be considered a "willing relative or friend" under this section, the relative or
4089     friend shall be willing to cooperate with the child's permanency goal.]
4090          [(11) (a)] (b) In making the finding described in Subsection [(10)] (9)(a), the juvenile
4091     court shall, at a minimum, order the division to:
4092          (i) if the child may be placed with a relative, conduct a background check that includes:
4093          (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
4094     background check of the relative;
4095          (B) a completed search, relating to the relative, of the Management Information System
4096     described in Section 62A-4a-1003; and
4097          (C) a background check that complies with the criminal background check provisions
4098     described in Section [78A-6-308] 80-3-305, of each nonrelative, as defined in Section
4099     62A-4a-209, of the child who resides in the household where the child may be placed;
4100          (ii) if the child will be placed with a noncustodial parent, complete a background check
4101     that includes:
4102          (A) the background check requirements applicable to an emergency placement with a
4103     noncustodial parent that are described in Subsections 62A-4a-209(5) and (7);
4104          (B) a completed search, relating to the noncustodial parent of the child, of the
4105     Management Information System described in Section 62A-4a-1003; and
4106          (C) a background check that complies with the criminal background check provisions
4107     described in Section [78A-6-308] 80-3-305, of each nonrelative, as defined in Section
4108     62A-4a-209, of the child who resides in the household where the child may be placed;
4109          (iii) if the child may be placed with an individual other than a noncustodial parent or a
4110     relative, conduct a criminal background check of the individual, and each adult that resides in
4111     the household where the child may be placed, that complies with the criminal background
4112     check provisions described in Section [78A-6-308] 80-3-305;
4113          (iv) visit the relative's or friend's home;
4114          (v) check the division's management information system for any previous reports of
4115     abuse or neglect regarding the relative or friend at issue;
4116          (vi) report the division's findings in writing to the juvenile court; and
4117          (vii) provide sufficient information so that the juvenile court may determine whether:

4118          (A) the relative or friend has any history of abusive or neglectful behavior toward other
4119     children that may indicate or present a danger to this child;
4120          (B) the child is comfortable with the relative or friend;
4121          (C) the relative or friend recognizes the parent's history of abuse and is committed to
4122     protect the child;
4123          (D) the relative or friend is strong enough to resist inappropriate requests by the parent
4124     for access to the child, in accordance with court orders;
4125          (E) the relative or friend is committed to caring for the child as long as necessary; and
4126          (F) the relative or friend can provide a secure and stable environment for the child.
4127          [(b)] (c) The division may determine to conduct, or the juvenile court may order the
4128     division to conduct, any further investigation regarding the safety and appropriateness of the
4129     placement described in Subsection (9)(a).
4130          [(c)] (d) The division shall complete and file the division's assessment regarding
4131     placement with a relative or friend under Subsections (9)(a) and (b) as soon as practicable, in
4132     an effort to facilitate placement of the child with a relative or friend.
4133          [(12)] (10) (a) The juvenile court may place a child described in Subsection (2)(a) in
4134     the temporary custody of the division, pending the division's investigation [pursuant to
4135     Subsections (10) and (11)] under Subsection (9), and the juvenile court's determination
4136     regarding the appropriateness of [that] the placement.
4137          (b) The juvenile court shall ultimately base the juvenile court's determination regarding
4138     the appropriateness of a placement with a relative or friend on the best interest of the child.
4139          [(13)] (11) When a juvenile court places a child described in Subsection (7) [in the
4140     custody of] with the child's relative or friend:
4141          (a) the juvenile court:
4142          (i) shall order the relative or friend [assume] take custody, subject to the continuing
4143     supervision of the juvenile court; and
4144          (ii) may order the division provide necessary services to the child and the child's
4145     relative or friend, including the monitoring of the child's safety and well-being;
4146          (b) the child and the relative or friend in whose custody the child is placed are under
4147     the continuing jurisdiction of the juvenile court;
4148          (c) the juvenile court may enter any order that [it] the juvenile court considers

4149     necessary for the protection and best interest of the child;
4150          (d) the juvenile court shall provide for reasonable parent-time with the parent or
4151     parents from whose custody the child was removed, unless parent-time is not in the best
4152     interest of the child; and
4153          (e) the juvenile court shall conduct a periodic review no less often than every six
4154     months, to determine whether:
4155          (i) placement with the relative or friend continues to be in the child's best interest;
4156          (ii) the child should be returned home; or
4157          (iii) the child should be placed in the custody of the division.
4158          [(14)] (12) No later than 12 months after [placement with a relative or friend] the day
4159     on which the child was removed from the home, the juvenile court shall schedule a hearing for
4160     the purpose of entering a permanent order in accordance with the best interest of the child.
4161          [(15)] (13) The time limitations described in Section [78A-6-312] 80-3-406, with
4162     regard to reunification efforts, apply to children placed with a relative or friend [pursuant to]
4163     under Subsection (7).
4164          [(16)] (14) (a) If the juvenile court awards temporary custody of a child to the division,
4165     and the division places the child with a relative, the division shall:
4166          (i) conduct a criminal background check of the relative that complies with the criminal
4167     background check provisions described in Section [78A-6-308] 80-3-305; and
4168          (ii) if the results of the criminal background check described in Subsection [(16)]
4169     (14)(a)(i) would prohibit the relative from having direct access to the child under Section
4170     62A-2-120, the division shall:
4171          (A) take the child into physical custody; and
4172          (B) within three days, excluding weekends and holidays, after [taking the child] the day
4173     on which the child is taken into physical custody under Subsection [(16)] (14)(a)(ii)(A), give
4174     written notice to the juvenile court, and all parties to the proceedings, of the division's action.
4175          (b) [Nothing in Subsection (16)(a) prohibits] Subsection (14)(a) does not prohibit the
4176     division from placing a child with a relative, pending the results of the background check
4177     described in Subsection [(16)] (14)(a) on the relative.
4178          [(17)] (15) [When the] If the juvenile court orders that a child be removed from the
4179     custody of the child's parent and does not award custody and guardianship to another parent,

4180     relative, or friend under this section, the juvenile court shall order that the child be placed in
4181     the temporary custody of the division, to proceed to adjudication and disposition and to be
4182     provided with care and services in accordance with this chapter and Title 62A, Chapter 4a,
4183     Child and Family Services.
4184          [(18) (a) Any preferential consideration that a relative or friend is initially granted
4185     pursuant to Subsection (9) expires 120 days from the date of the shelter hearing. After that time
4186     period has expired, a relative or friend who has not obtained custody or asserted an interest in a
4187     child, may not be granted preferential consideration by the division or the court.]
4188          [(b) When the time period described in Subsection (18)(a) has expired, the preferential
4189     consideration, which is initially granted to a natural parent in accordance with Subsection (2),
4190     is limited. After that time, the court shall base the court's custody decision on the best interest
4191     of the child.]
4192          [(c) Before the expiration of the 120-day period described in Subsection (18)(a), the
4193     following order of preference shall be applied when determining the individual with whom a
4194     child will be placed, provided that the individual is willing, and has the ability, to care for the
4195     child:]
4196          [(i) a noncustodial parent of the child;]
4197          [(ii) a relative of the child;]
4198          [(iii) subject to Subsection (18)(d), a friend, if the friend is a licensed foster parent;
4199     and]
4200          [(iv) other placements that are consistent with the requirements of law.]
4201          [(d) In determining whether a friend is a willing and appropriate placement for a child,
4202     the court or the division:]
4203          [(i) subject to Subsections (18)(d)(ii) through (iv), shall consider the child's preferences
4204     or level of comfort with the friend;]
4205          [(ii) is required to consider no more than one friend designated by each parent of the
4206     child and one friend designated by the child, if the child is of sufficient maturity to articulate
4207     the child's wishes in relation to a placement;]
4208          [(iii) may limit the number of designated friends to two, one of whom shall be a friend
4209     designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
4210     relation to a placement; and]

4211          [(iv) shall give preference to a friend designated by the child, if:]
4212          [(A) the child is of sufficient maturity to articulate the child's wishes; and]
4213          [(B) the basis for removing the child under Section 78A-6-306 is sexual abuse of the
4214     child.]
4215          [(e) If a parent of the child or the child, if the child is of sufficient maturity to articulate
4216     the child's wishes in relation to a placement, is not able to designate a friend who is a licensed
4217     foster parent for placement of the child, but is able to identify a friend who is willing to become
4218     licensed as a foster parent:]
4219          [(i) the department shall fully cooperate to expedite the licensing process for the friend;
4220     and]
4221          [(ii) if the friend becomes licensed as a foster parent within the time frame described in
4222     Subsection (18)(a), the court shall determine whether it is in the best interests of the child to
4223     place the child with the friend.]
4224          [(19)] (16) If, following the shelter hearing, the child is placed with an individual who
4225     is not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given
4226     to a foster placement with a married couple, unless it is in the best interests of the child to place
4227     the child with a single foster parent.
4228          [(20)] (17) In determining the placement of a child, [neither the court, nor the division,
4229     may] the juvenile court and the division may not take into account, or discriminate against, the
4230     religion of an individual with whom the child may be placed, unless the purpose of taking
4231     religion into account is to place the child with an individual or family of the same religion as
4232     the child.
4233          [(21)] (18) If the juvenile court's decision differs from a child's express wishes if the
4234     child is of sufficient maturity to articulate the wishes in relation to the child's placement, the
4235     juvenile court shall make findings explaining why the juvenile court's decision differs from the
4236     child's wishes.
4237          (19) This section does not guarantee that an identified relative or friend will receive
4238     custody of the child.
4239          Section 73. Section 80-3-303, which is renumbered from Section 78A-6-307.5 is
4240     renumbered and amended to read:
4241          [78A-6-307.5].      80-3-303. Post-shelter hearing placement of a child in

4242     division's temporary custody.
4243          (1) If the juvenile court awards temporary custody of a [minor] child to the division
4244     under Section [78A-6-307] 80-3-302, or as otherwise permitted by law, the division shall
4245     determine ongoing placement of the [minor] child.
4246          (2) In placing a [minor] child under Subsection (1), the division:
4247          (a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable
4248     background check provisions described in Section [78A-6-307] 80-3-302;
4249          (b) is not required to receive approval from the juvenile court before making the
4250     placement;
4251          (c) shall, within three days, excluding weekends and holidays, after [making the
4252     placement] the day on which the placement is made, give written notice to the juvenile court,
4253     and the parties to the proceedings, that the placement has been made;
4254          (d) may place the [minor] child with a noncustodial parent, relative, or friend, using the
4255     same criteria established for an emergency placement under Section 62A-4a-209, pending the
4256     results of:
4257          (i) the background check described in Subsection [78A-6-307(16)(a)] 80-3-302(14)(a);
4258     and
4259          (ii) evaluation with the noncustodial parent, relative, or friend to determine the
4260     individual's capacity to provide ongoing care to the [minor] child; and
4261          (e) shall take into consideration the will of the [minor] child, if the [minor] child is of
4262     sufficient maturity to articulate the [minor's] child's wishes in relation to the [minor's] child's
4263     placement.
4264          (3) If the division's placement decision differs from a [minor's] child's express wishes
4265     if the [minor] child is of sufficient maturity to state the child's wishes in relation to the
4266     [minor's] child's placement, the division shall make findings explaining why the division's
4267     decision differs from the [minor's] child's wishes in a writing provided to the juvenile court and
4268     the [minor's] child's attorney guardian ad litem.
4269          Section 74. Section 80-3-304, which is renumbered from Section 78A-6-301.5 is
4270     renumbered and amended to read:
4271          [78A-6-301.5].      80-3-304. Second medical opinion in cases of alleged medical
4272     neglect.

4273          (1) In cases of alleged medical neglect where the division seeks protective custody,
4274     temporary custody, or custody of the child based on the report or testimony of a physician, a
4275     parent or guardian shall have a reasonable amount of time, as determined by the juvenile court,
4276     to obtain a second medical opinion from another physician of the parent's or guardian's
4277     choosing who has expertise in the applicable field.
4278          (2) Unless there is an imminent risk of death or a deteriorating condition of the child's
4279     health, the child shall remain in the custody of the parent or guardian while the parent or
4280     guardian obtains a second medical opinion.
4281          (3) If the second medical opinion results in a different diagnosis or treatment
4282     recommendation from that of the opinion of the physician the division used, the juvenile court
4283     shall give deference to the second medical opinion as long as that opinion is reasonable and
4284     informed and is consistent with treatment that is regularly prescribed by medical experts in the
4285     applicable field.
4286          (4) Subsections (1) through (3) do not apply to emergency treatment or care when the
4287     child faces an immediate threat of death or serious and irreparable harm and when there is
4288     insufficient time to safely allow the parent or guardian to provide alternative necessary care and
4289     treatment of the parent's or guardian's choosing.
4290          Section 75. Section 80-3-305, which is renumbered from Section 78A-6-308 is
4291     renumbered and amended to read:
4292          [78A-6-308].      80-3-305. Criminal background checks necessary before
4293     out-of-home placement.
4294          (1) Subject to Subsection (3), upon ordering removal of a child from the custody of the
4295     child's parent and placing that child in the temporary custody or custody of the [Division of
4296     Child and Family Services, prior to the division's placement of that] division before the
4297     division places a child in out-of-home care, the juvenile court shall require the completion of a
4298     nonfingerprint-based background check by the Utah Bureau of Criminal Identification
4299     regarding the proposed placement.
4300          (2) (a) Except as provided in Subsection (4), the division and the Office of Guardian ad
4301     Litem may request, or the juvenile court upon the juvenile court's own motion, may order, the
4302     Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
4303     background check through the national criminal history system (NCIC).

4304          (b) (i) Except as provided in Subsection (4), upon request by the division or the Office
4305     of Guardian ad Litem, or upon the juvenile court's order, [persons] an individual subject to the
4306     requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI
4307     fingerprint background check.
4308          (ii) The child may be temporarily placed, pending the outcome of [that] the background
4309     check described in Subsection (2)(b)(i).
4310          (c) (i) [The] Except as provided in Subsection (2)(c)(ii), the cost of [those] the
4311     investigations described in Subsection (2)(a) shall be borne by whoever is to receive placement
4312     of the child[, except that the Division of Child and Family Services].
4313          (ii) The division may pay all or part of the cost of [those] the investigations described
4314     in Subsection (2)(a).
4315          (3) Except as provided in Subsection (5), a child who is in the legal custody of the
4316     [state] division may not be placed with a prospective foster parent or a prospective adoptive
4317     parent, unless, before the child is placed with the prospective foster parent or the prospective
4318     adoptive parent:
4319          (a) a fingerprint based FBI national criminal history records check is conducted on the
4320     prospective foster parent or prospective adoptive parent and any other adult residing in the
4321     household;
4322          (b) the [Department of Human Services] department conducts a check of the abuse and
4323     neglect registry in each state where the prospective foster parent or prospective adoptive parent
4324     resided in the five years immediately [preceding] before the day on which the prospective
4325     foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to
4326     determine whether the prospective foster parent or prospective adoptive parent is listed in the
4327     registry as having a substantiated or supported finding of a severe type of abuse or neglect as
4328     defined in Section 62A-4a-1002;
4329          (c) the [Department of Human Services] department conducts a check of the abuse and
4330     neglect registry of each state where each adult living in the home of the prospective foster
4331     parent or prospective adoptive parent described in Subsection (3)(b) resided in the five years
4332     immediately [preceding] before the day on which the prospective foster parent or prospective
4333     adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult
4334     is listed in the registry as having a substantiated or supported finding of a severe type of abuse

4335     or neglect as defined in Section 62A-4a-1002; and
4336          (d) each [person] individual required to undergo a background check described in this
4337     Subsection (3) passes the background check, [pursuant to] in accordance with the provisions of
4338     Section 62A-2-120.
4339          (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
4340     parent or relative under Section 62A-4a-209, [78A-6-307, or 78A-6-307.5] 80-3-302 or
4341     80-3-303, unless the juvenile court finds that compliance with Subsection (2)(a) or (b) is
4342     necessary to ensure the safety of the child.
4343          (5) The requirements under Subsection (3) do not apply to the extent that:
4344          (a) federal law or rule permits otherwise; or
4345          (b) the requirements would prohibit the division or a juvenile court from placing a
4346     child with:
4347          (i) a noncustodial parent, under Section 62A-4a-209, [78A-6-307, or 78A-6-307.5]
4348     80-3-302, or 80-3-303; or
4349          (ii) a relative, under Section 62A-4a-209, [78A-6-307, or 78A-6-307.5] 80-3-302, or
4350     80-3-303, pending completion of the background check described in Subsection (3).
4351          Section 76. Section 80-3-306, which is renumbered from Section 78A-6-308.5 is
4352     renumbered and amended to read:
4353          [78A-6-308.5].      80-3-306. Outstanding arrest warrant check before return of
4354     custody.
4355          (1) Before the division may recommend that a child who is in [the custody,] protective
4356     custody, [or] temporary custody, or custody of the division be returned to the custody of a
4357     parent or guardian of the child, the division shall determine whether the parent or guardian has
4358     an outstanding felony arrest warrant in any state where the parent or guardian has resided or in
4359     any state where an immediate family member of the parent or guardian resides.
4360          (2) The division shall file the results of the felony arrest warrant check with the
4361     juvenile court.
4362          (3) (a) If the parent or guardian of a child who is in [the custody,] protective custody,
4363     [or] temporary custody, or custody of the division has an outstanding arrest warrant in any
4364     state, the juvenile court may deny the return of the child to the custody of [that] the parent or
4365     guardian.

4366          (b) [The] When making a determination described in Subsection (3)(a), the juvenile
4367     court shall consider the best interest of the child [when making the determination].
4368          Section 77. Section 80-3-401, which is renumbered from Section 78A-6-309 is
4369     renumbered and amended to read:
4370     
Part 4. Adjudication, Disposition, and Permanency

4371          [78A-6-309].      80-3-401. Pretrial and adjudication hearing -- Time
4372     deadlines.
4373          (1) (a) Upon the filing of [a] an abuse, neglect, or dependency petition, the clerk of the
4374     juvenile court shall set the pretrial hearing on the petition within 15 calendar days [from] after
4375     the later of:
4376          [(a) the date of the shelter hearing; or]
4377          [(b) the filing of the petition.]
4378          (i) the day on which the shelter hearing is held; or
4379          (ii) the day on which the abuse, neglect, or dependency petition is filed.
4380          [(2)] (b) The pretrial hearing may be continued upon motion of any party[,] for good
4381     cause shown[, but the] as described in Utah Rules of Juvenile Procedure, Rule 54.
4382          (2) The final adjudication hearing shall be held no later than 60 calendar days [from]
4383     after the later of:
4384          [(a) the date of the shelter hearing; or]
4385          [(b) the filing of the petition.]
4386          (a) the day on which the shelter hearing is held; or
4387          (b) the day on which the abuse, neglect, or dependency petition is filed.
4388          Section 78. Section 80-3-402, which is renumbered from Section 78A-6-311 is
4389     renumbered and amended to read:
4390          [78A-6-311].      80-3-402. Adjudication hearing -- Dispositional hearing time
4391     deadlines -- Scheduling of review and permanency hearing.
4392          (1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing
4393     evidence, that the allegations contained in the abuse, neglect, or dependency petition are true,
4394     [it] the juvenile court shall conduct a dispositional hearing.
4395          (2) The dispositional hearing may be held on the same date as the adjudication hearing,
4396     but shall be held no later than 30 calendar days after the [date of the] day on which the

4397     adjudication hearing is held.
4398          (3) At the adjudication hearing or the dispositional hearing, the juvenile court shall
4399     schedule dates and times for:
4400          (a) the six-month periodic review; and
4401          (b) the permanency hearing.
4402          (4) If an abuse, neglect, or dependency petition is filed under this chapter and a petition
4403     for termination of parental rights is filed under Section 80-4-201, before the day on which a
4404     dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request
4405     a hearing on whether reunification services are appropriate in accordance with the factors
4406     described in Subsections 80-3-406(5) and (7).
4407          Section 79. Section 80-3-403, which is renumbered from Section 78A-6-321 is
4408     renumbered and amended to read:
4409          [78A-6-321].      80-3-403. Treatment for offender and victim -- Costs.
4410          (1) Upon adjudication in the juvenile court of [a person or persons] an individual
4411     charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile
4412     court may order treatment for the adjudicated offender [and] or the victim [or the child victim].
4413          (2) [The adjudicated offender shall be required by the court] The juvenile court shall
4414     require the adjudicated offender described in Subsection (1) to pay, to the extent that [he] the
4415     adjudicated offender is able, the costs of [that treatment together with] the treatment described
4416     in Subsection (1) and the administrative costs incurred by the division in monitoring
4417     completion of the ordered therapy or treatment.
4418          (3) If the adjudicated offender is unable to pay the full cost of treatment under
4419     Subsection (2), the juvenile court:
4420          (a) may order the [Division of Child and Family Services] division to pay [those] the
4421     costs, to the extent that funding is provided by the Legislature for that purpose[,]; and
4422          (b) shall order the adjudicated offender [shall be required by the court] to perform
4423     public service work as compensation for the cost of the treatment.
4424          Section 80. Section 80-3-404, which is renumbered from Section 78A-6-323 is
4425     renumbered and amended to read:
4426          [78A-6-323].      80-3-404. Finding of severe child abuse or neglect -- Petition
4427     for removal from Licensing Information System -- Court records.

4428          (1) Upon the filing with the juvenile court of [a] an abuse, neglect, or dependency
4429     petition [under Section 78A-6-304 by the Division of Child and Family Services or any
4430     interested person informing the court, among other things,] that informs the juvenile court that
4431     the division has made a supported finding that [a person] an individual committed a severe type
4432     of child abuse or neglect as defined in Section 62A-4a-1002, the juvenile court shall:
4433          (a) make a finding of substantiated, unsubstantiated, or without merit;
4434          (b) include the finding described in Subsection (1)(a) in a written order; and
4435          (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4436          (2) The [judicial finding under Subsection (1) shall be made] juvenile court shall make
4437     the finding described in Subsection (1):
4438          (a) as part of the adjudication hearing;
4439          (b) at the conclusion of the adjudication hearing; or
4440          (c) as part of a court order entered pursuant to a written stipulation of the parties.
4441          (3) (a) [Any person] An individual described in Subsection 62A-4a-1010(1) may at any
4442     time file with the juvenile court a petition for removal of the [person's] individual's name from
4443     the Licensing Information System.
4444          (b) At the conclusion of the hearing on the petition described in Subsection (3), the
4445     juvenile court shall:
4446          (i) make a finding of substantiated, unsubstantiated, or without merit;
4447          (ii) include the finding described in Subsection (1)(a) in a written order; and
4448          (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4449          (4) A proceeding for adjudication of a supported finding under this section of a type of
4450     abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
4451     in the juvenile court with an adjudication of a severe type of child abuse or neglect.
4452          (5) If [a person] an individual whose name appears on the Licensing Information
4453     [system] System [prior to] before May 6, 2002, files a petition under Subsection (3) during the
4454     time that an alleged perpetrator's application for clearance to work with children or vulnerable
4455     adults is pending, the juvenile court shall hear the matter and enter a final decision no later than
4456     60 days after the [filing of the petition] day on which the petition is filed.
4457          (6) For the purposes of licensing under Sections 26-39-402, 62A-1-118, and
4458     62A-2-120, and for the purposes described in Sections 26-8a-310 and 62A-2-121 and Title 26,

4459     Chapter 21, Part 2, Clearance for Direct Patient Access:
4460          (a) the juvenile court shall make available records of [its] the juvenile court's findings
4461     under Subsections (1) and (2):
4462          (i) for those purposes; and
4463          (ii) only to [those] a person with statutory authority to access [also] the Licensing
4464     Information System created under Section 62A-4a-1006; and
4465          (b) any appellate court shall make available court records of appeals from juvenile
4466     court decisions under Subsections (1), (2), (3), and (4):
4467          (i) for those purposes; and
4468          (ii) only to [those] a person with statutory authority to [access also] also access the
4469     Licensing Information System.
4470          Section 81. Section 80-3-405 is enacted to read:
4471          80-3-405. Dispositions after adjudication.
4472          (1) (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
4473     the dispositions described in Subsection (2) at the dispositional hearing.
4474          (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
4475     minor in the division or any other appropriate person, with or without court-specified child
4476     welfare services, in accordance with the requirements and procedures of this chapter.
4477          (ii) When placing a minor in the custody of the division or any other appropriate
4478     person, the juvenile court:
4479          (A) shall give primary consideration to the welfare of the minor;
4480          (B) shall give due consideration to the rights of the parent or parents concerning the
4481     minor; and
4482          (C) when practicable, may take into consideration the religious preferences of the
4483     minor and of the minor's parents or guardian.
4484          (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
4485     in the interest of the minor.
4486          (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
4487     institution or agency, but not a nonsecure residential placement provider, in which legal
4488     custody of the minor is vested.
4489          (iii) When placing a minor under the guardianship of an individual or of a private

4490     agency or institution, the juvenile court:
4491          (A) shall give primary consideration to the welfare of the minor; and
4492          (B) when practicable, may take into consideration the religious preferences of the
4493     minor and of the minor's parents or guardian.
4494          (c) The juvenile court may order:
4495          (i) protective supervision;
4496          (ii) family preservation;
4497          (iii) sibling visitation; or
4498          (iv) other services.
4499          (d) (i) If a minor has been placed with an individual or relative as a result of an
4500     adjudication under this chapter, the juvenile court may enter an order of permanent legal
4501     custody and guardianship with the individual or relative of the minor.
4502          (ii) If a juvenile court enters an order of permanent custody and guardianship with an
4503     individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
4504     accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
4505     against the natural parents of the minor.
4506          (iii) An order under this Subsection (2)(d):
4507          (A) shall remain in effect until the minor is 18 years old;
4508          (B) is not subject to review under Section 78A-6-358; and
4509          (C) may be modified by petition or motion as provided in Section 78A-6-357.
4510          (e) The juvenile court may order a child be committed to the physical custody, as
4511     defined in Section 62A-15-701, of a local mental health authority, in accordance with the
4512     procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under
4513     Age 18 to Division of Substance Abuse and Mental Health.
4514          (f) (i) If the child has an intellectual disability, the juvenile court may make an order
4515     committing a minor to the Utah State Developmental Center in accordance with Title 62A,
4516     Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
4517     Disability.
4518          (ii) The juvenile court shall follow the procedure applicable in the district court with
4519     respect to judicial commitments to the Utah State Developmental Center when ordering a
4520     commitment under Subsection (2)(f)(i).

4521          (g) (i) Subject to Subsection 80-1-102(51)(b) and Section 80-3-304, the juvenile court
4522     may order that a minor:
4523          (A) be examined or treated by a mental health therapist, as described in Section
4524     80-3-109; or
4525          (B) receive other special care.
4526          (ii) For purposes of receiving the examination, treatment, or care described in
4527     Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
4528     facility that is not secure care or secure detention.
4529          (iii) In determining whether to order the examination, treatment, or care described in
4530     Subsection (2)(g)(i), the juvenile court shall consider:
4531          (A) the desires of the minor;
4532          (B) the desires of the parent or guardian of the minor if the minor is younger than 18
4533     years old; and
4534          (C) whether the potential benefits of the examination, treatment, or care outweigh the
4535     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
4536     function impairment, or emotional or physical harm resulting from the compulsory nature of
4537     the examination, treatment, or care.
4538          (h) The juvenile court may make other reasonable orders for the best interest of the
4539     minor.
4540          (3) Upon an adjudication under this chapter, the juvenile court may not:
4541          (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
4542     Division of Juvenile Justice Services;
4543          (b) assume the function of developing foster home services; or
4544          (c) vest legal custody of an abused, neglected, or dependent minor in the division to
4545     primarily address the minor's ungovernable or other behavior, mental health, or disability,
4546     unless the division:
4547          (i) engages other relevant divisions within the department that are conducting an
4548     assessment of the minor and the minor's family's needs;
4549          (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
4550     custody of the minor in the division is the least restrictive intervention for the minor that meets
4551     the minor's needs; and

4552          (iii) consents to legal custody of the minor being vested in the division.
4553          (4) The juvenile court may combine the dispositions listed in Subsection (2) if
4554     combining the dispositions is permissible and the dispositions are compatible.
4555          Section 82. Section 80-3-406, which is renumbered from Section 78A-6-312 is
4556     renumbered and amended to read:
4557          [78A-6-312].      80-3-406. Permanency plan -- Reunification services.
4558          [(1) The court may:]
4559          [(a) make any of the dispositions described in Section 78A-6-117;]
4560          [(b) place the minor in the custody or guardianship of any:]
4561          [(i) individual; or]
4562          [(ii) public or private entity or agency; or]
4563          [(c) order:]
4564          [(i) protective supervision;]
4565          [(ii) family preservation;]
4566          [(iii) subject to Subsections (12)(b), 78A-6-105(40), and 78A-6-117(2) and Section
4567     78A-6-301.5, medical or mental health treatment;]
4568          [(iv) sibling visitation; or]
4569          [(v) other services.]
4570          [(2) Whenever]
4571          (1) If the juvenile court orders continued removal at the dispositional hearing under
4572     Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court
4573     shall first:
4574          (a) establish a primary permanency plan and a concurrent permanency plan for the
4575     minor in accordance with this section; and
4576          (b) determine whether, in view of the primary permanency plan, reunification services
4577     are appropriate for the [minor and the minor's family, pursuant to Subsections (21) through
4578     (23)] minor and the minor's family under Subsections (5) through (8).
4579          [(3) Subject to Subsections (6) and (7), if the court determines that reunification
4580     services are appropriate for the minor and the minor's family, the court shall provide for
4581     reasonable parent-time with the parent or parents from whose custody the minor was removed,
4582     unless parent-time is not in the best interest of the minor.]

4583          [(4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
4584     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4585     "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
4586     attempt to rehabilitate the offending parent or parents.]
4587          [(5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
4588     concern in determining whether reasonable efforts to reunify should be made.]
4589          [(6) For purposes of Subsection (3), parent-time is in the best interests of a minor
4590     unless the court makes a finding that it is necessary to deny parent-time in order to:]
4591          [(a) protect the physical safety of the minor;]
4592          [(b) protect the life of the minor; or]
4593          [(c) prevent the minor from being traumatized by contact with the parent due to the
4594     minor's fear of the parent in light of the nature of the alleged abuse or neglect.]
4595          [(7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on
4596     a parent's failure to:]
4597          [(a) prove that the parent has not used legal or illegal substances; or]
4598          [(b) comply with an aspect of the child and family plan that is ordered by the court.]
4599          [(8) (a) In addition to the primary permanency plan, the court shall establish a]
4600          (2) (a) The concurrent permanency plan [that] shall include:
4601          (i) a representative list of the conditions under which the primary permanency plan will
4602     be abandoned in favor of the concurrent permanency plan; and
4603          (ii) an explanation of the effect of abandoning or modifying the primary permanency
4604     plan.
4605          (b) In determining the primary permanency plan and concurrent permanency plan, the
4606     juvenile court shall consider:
4607          (i) the preference for kinship placement over nonkinship placement;
4608          (ii) the potential for a guardianship placement if [the parent-child relationship is legally
4609     terminated] parental rights are terminated and no appropriate adoption placement is available;
4610     and
4611          (iii) the use of an individualized permanency plan, only as a last resort.
4612          [(9) A permanency hearing shall be conducted in accordance with Subsection
4613     78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if

4614     something other than reunification is initially established as a minor's primary permanency
4615     plan.]
4616          [(10)] (3) (a) The juvenile court may amend a minor's primary permanency plan before
4617     the establishment of a final permanency plan under Section [78A-6-314] 80-3-409.
4618          (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
4619     the event that the primary permanency plan is abandoned.
4620          (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
4621     primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
4622     with Section [78A-6-314] 80-3-409 on or before the earlier of:
4623          (i) 30 days after the day on which the juvenile court makes the determination described
4624     in this Subsection [(10)] (3)(c); or
4625          (ii) the day on which the provision of reunification services, described in Section
4626     [78A-6-314] 80-3-409, ends.
4627          (4) (a) Because of the state's interest in and responsibility to protect and provide
4628     permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4629     parent's interest in receiving reunification services is limited.
4630          (b) The juvenile court may determine that:
4631          (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4632     based on the individual circumstances; and
4633          (ii) reunification services should not be provided.
4634          (c) In determining reasonable efforts to be made with respect to a minor, and in making
4635     reasonable efforts, the juvenile court and the division shall consider the minor's health, safety,
4636     and welfare as the paramount concern.
4637          (5) There is a presumption that reunification services should not be provided to a
4638     parent if the juvenile court finds, by clear and convincing evidence, that any of the following
4639     circumstances exist:
4640          (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4641     indicating that a reasonably diligent search has failed to locate the parent;
4642          (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
4643     magnitude that the mental illness renders the parent incapable of utilizing reunification
4644     services;

4645          (c) the minor was previously adjudicated as an abused child due to physical abuse,
4646     sexual abuse, or sexual exploitation, and following the adjudication the child:
4647          (i) was removed from the custody of the minor's parent;
4648          (ii) was subsequently returned to the custody of the parent; and
4649          (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4650     exploitation;
4651          (d) the parent:
4652          (i) caused the death of another minor through abuse or neglect;
4653          (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4654          (A) murder or manslaughter of a minor; or
4655          (B) child abuse homicide;
4656          (iii) committed sexual abuse against the minor;
4657          (iv) is a registered sex offender or required to register as a sex offender; or
4658          (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4659     minor;
4660          (B) is identified by a law enforcement agency as the primary suspect in an investigation
4661     for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4662          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4663     recklessly causing the death of another parent of the minor;
4664          (e) the minor suffered severe abuse by the parent or by any individual known by the
4665     parent if the parent knew or reasonably should have known that the individual was abusing the
4666     minor;
4667          (f) the minor is adjudicated as an abused minor as a result of severe abuse by the
4668     parent, and the juvenile court finds that it would not benefit the minor to pursue reunification
4669     services with the offending parent;
4670          (g) the parent's rights are terminated with regard to any other minor;
4671          (h) the minor was removed from the minor's home on at least two previous occasions
4672     and reunification services were offered or provided to the family at those times;
4673          (i) the parent has abandoned the minor for a period of six months or longer;
4674          (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
4675     location where the parent knew or should have known that a clandestine laboratory operation

4676     was located;
4677          (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
4678     birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4679     exposed to an illegal or prescription drug that was abused by the minor's mother while the
4680     minor was in utero, if the minor was taken into division custody for that reason, unless the
4681     mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4682     substance use disorder treatment program approved by the department; or
4683          (l) any other circumstance that the juvenile court determines should preclude
4684     reunification efforts or services.
4685          (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent
4686     evidence from at least two medical or mental health professionals, who are not associates,
4687     establishing that, even with the provision of services, the parent is not likely to be capable of
4688     adequately caring for the minor within 12 months after the day on which the juvenile court
4689     finding is made.
4690          (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
4691     court finds, under the circumstances of the case, that the substance use disorder treatment
4692     described in Subsection (5)(k) is not warranted.
4693          (7) In determining whether reunification services are appropriate, the juvenile court
4694     shall take into consideration:
4695          (a) failure of the parent to respond to previous services or comply with a previous child
4696     and family plan;
4697          (b) the fact that the minor was abused while the parent was under the influence of
4698     drugs or alcohol;
4699          (c) any history of violent behavior directed at the minor or an immediate family
4700     member;
4701          (d) whether a parent continues to live with an individual who abused the minor;
4702          (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4703          (f) testimony by a competent professional that the parent's behavior is unlikely to be
4704     successful; and
4705          (g) whether the parent has expressed an interest in reunification with the minor.
4706          (8) If, under Subsections (5)(b) through (l), the juvenile court does not order

4707     reunification services, a permanency hearing shall be conducted within 30 days in accordance
4708     with Section 80-3-409.
4709          (9) (a) Subject to Subsections (9)(b) and (c), if the juvenile court determines that
4710     reunification services are appropriate for the minor and the minor's family, the juvenile court
4711     shall provide for reasonable parent-time with the parent or parents from whose custody the
4712     minor was removed, unless parent-time is not in the best interest of the minor.
4713          (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
4714     finding that it is necessary to deny parent-time in order to:
4715          (i) protect the physical safety of the minor;
4716          (ii) protect the life of the minor; or
4717          (iii) prevent the minor from being traumatized by contact with the parent due to the
4718     minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4719          (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
4720     solely on a parent's failure to:
4721          (i) prove that the parent has not used legal or illegal substances; or
4722          (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
4723     court.
4724          [(11)] (10) (a) If the juvenile court determines that reunification services are
4725     appropriate, the juvenile court shall order that the division make reasonable efforts to provide
4726     services to the minor and the minor's parent for the purpose of facilitating reunification of the
4727     family, for a specified period of time.
4728          (b) In providing the services described in Subsection [(11)] (10)(a), the [minor's]
4729     juvenile court and the division shall consider the minor's health, safety, and welfare [shall be
4730     the division's] as the paramount concern[, and the court shall so order].
4731          (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
4732     severe neglect are involved:
4733          (a) the juvenile court does not have any duty to order reunification services; and
4734          (b) the division does not have a duty to make reasonable efforts to or in any other way
4735     attempt to provide reunification services or attempt to rehabilitate the offending parent or
4736     parents.
4737          (12) (a) The juvenile court shall:

4738          (i) determine whether the services offered or provided by the division under the child
4739     and family plan constitute ["reasonable efforts"] reasonable efforts on the part of the division;
4740          (ii) determine and define the responsibilities of the parent under the child and family
4741     plan in accordance with Subsection 62A-4a-205(6)(e); and
4742          (iii) identify verbally on the record, or in a written document provided to the parties,
4743     the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4744     determination regarding the provision of reasonable efforts, in accordance with state and
4745     federal law.
4746          (b) If the parent is in a substance use disorder treatment program, other than a certified
4747     drug court program, the juvenile court may order the parent:
4748          (i) [the court may order the parent] to submit to supplementary drug or alcohol testing
4749     in addition to the testing recommended by the parent's substance use disorder program based
4750     on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4751          (ii) [the court may order the parent] to provide the results of drug or alcohol testing
4752     recommended by the substance use disorder program to the juvenile court or division.
4753          (13) (a) The time period for reunification services may not exceed 12 months from the
4754     [date that] day on which the minor was initially removed from the minor's home, unless the
4755     time period is extended under Subsection [78A-6-314(7)] 80-3-409(7).
4756          (b) Nothing in this section may be construed to entitle any parent to an entire 12
4757     months of reunification services.
4758          (14) (a) If reunification services are ordered, the juvenile court may terminate those
4759     services at any time.
4760          (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4761     to be inconsistent with the final permanency plan for the minor established [pursuant to] under
4762     Section [78A-6-314] 80-3-409, then measures shall be taken, in a timely manner, to:
4763          (i) place the minor in accordance with the final permanency plan; and
4764          (ii) complete whatever steps are necessary to finalize the permanent placement of the
4765     minor.
4766          (15) Any physical custody of the minor by the parent or a relative during the period
4767     described in Subsections [(11)] (10) through (14) does not interrupt the running of the period.
4768          (16) (a) If reunification services are ordered, [a permanency hearing shall be conducted

4769     by the court] the juvenile court shall conduct a permanency hearing in accordance with Section
4770     [78A-6-314 at the expiration of the time period for reunification services] 80-3-409 before the
4771     day on which the time period for reunification services expires.
4772          (b) The permanency hearing shall be held no later than 12 months after the original
4773     removal of the minor.
4774          (c) If reunification services are not ordered, a permanency hearing shall be conducted
4775     within 30 days[,] in accordance with Section [78A-6-314] 80-3-409.
4776          (17) With regard to a minor in the custody of the division whose parent or parents are
4777     ordered to receive reunification services but who have abandoned that minor for a period of six
4778     months from the [date that] day on which reunification services [were] are ordered:
4779          (a) the juvenile court shall terminate reunification services; and
4780          (b) the division shall petition the juvenile court for termination of parental rights.
4781          [(18) When a court conducts a permanency hearing for a minor under Section
4782     78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
4783     sibling group together is:]
4784          [(a) practicable; and]
4785          [(b) in accordance with the best interest of the minor.]
4786          [(19)] (18) When a [child] minor is under the custody of the division and has been
4787     separated from a sibling due to foster care or adoptive placement, a juvenile court may order
4788     sibling visitation, subject to the division obtaining consent from the sibling's legal guardian,
4789     according to the juvenile court's determination of the best interests of the [child] minor for
4790     whom the hearing is held.
4791          [(20) (a) Because of the state's interest in and responsibility to protect and provide
4792     permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4793     parent's interest in receiving reunification services is limited.]
4794          [(b) The court may determine that:]
4795          [(i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4796     based on the individual circumstances; and]
4797          [(ii) reunification services should not be provided.]
4798          [(c) In determining "reasonable efforts" to be made with respect to a minor, and in
4799     making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount

4800     concern.]
4801          [(21) There is a presumption that reunification services should not be provided to a
4802     parent if the court finds, by clear and convincing evidence, that any of the following
4803     circumstances exist:]
4804          [(a) the whereabouts of the parents are unknown, based upon a verified affidavit
4805     indicating that a reasonably diligent search has failed to locate the parent;]
4806          [(b) subject to Subsection (22)(a), the parent is suffering from a mental illness of such
4807     magnitude that it renders the parent incapable of utilizing reunification services;]
4808          [(c) the minor was previously adjudicated as an abused child due to physical abuse,
4809     sexual abuse, or sexual exploitation, and following the adjudication the minor:]
4810          [(i) was removed from the custody of the minor's parent;]
4811          [(ii) was subsequently returned to the custody of the parent; and]
4812          [(iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4813     exploitation;]
4814          [(d) the parent:]
4815          [(i) caused the death of another minor through abuse or neglect;]
4816          [(ii) committed, aided, abetted, attempted, conspired, or solicited to commit:]
4817          [(A) murder or manslaughter of a child; or]
4818          [(B) child abuse homicide;]
4819          [(iii) committed sexual abuse against the child;]
4820          [(iv) is a registered sex offender or required to register as a sex offender; or]
4821          [(v) (A) intentionally, knowingly, or recklessly causes the death of another parent of
4822     the child;]
4823          [(B) is identified by a law enforcement agency as the primary suspect in an
4824     investigation for intentionally, knowingly, or recklessly causing the death of another parent of
4825     the child; or]
4826          [(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4827     recklessly causing the death of another parent of the child;]
4828          [(e) the minor suffered severe abuse by the parent or by any person known by the
4829     parent, if the parent knew or reasonably should have known that the person was abusing the
4830     minor;]

4831          [(f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
4832     and the court finds that it would not benefit the minor to pursue reunification services with the
4833     offending parent;]
4834          [(g) the parent's rights are terminated with regard to any other minor;]
4835          [(h) the minor was removed from the minor's home on at least two previous occasions
4836     and reunification services were offered or provided to the family at those times;]
4837          [(i) the parent has abandoned the minor for a period of six months or longer;]
4838          [(j) the parent permitted the child to reside, on a permanent or temporary basis, at a
4839     location where the parent knew or should have known that a clandestine laboratory operation
4840     was located;]
4841          [(k) except as provided in Subsection (22)(b), with respect to a parent who is the child's
4842     birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4843     exposed to an illegal or prescription drug that was abused by the child's mother while the child
4844     was in utero, if the child was taken into division custody for that reason, unless the mother
4845     agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4846     substance use disorder treatment program approved by the department; or]
4847          [(l) any other circumstance that the court determines should preclude reunification
4848     efforts or services.]
4849          [(22) (a) The finding under Subsection (21)(b) shall be based on competent evidence
4850     from at least two medical or mental health professionals, who are not associates, establishing
4851     that, even with the provision of services, the parent is not likely to be capable of adequately
4852     caring for the minor within 12 months after the day on which the court finding is made.]
4853          [(b) A judge may disregard the provisions of Subsection (21)(k) if the court finds,
4854     under the circumstances of the case, that the substance use disorder treatment described in
4855     Subsection (21)(k) is not warranted.]
4856          [(23) In determining whether reunification services are appropriate, the court shall take
4857     into consideration:]
4858          [(a) failure of the parent to respond to previous services or comply with a previous
4859     child and family plan;]
4860          [(b) the fact that the minor was abused while the parent was under the influence of
4861     drugs or alcohol;]

4862          [(c) any history of violent behavior directed at the child or an immediate family
4863     member;]
4864          [(d) whether a parent continues to live with an individual who abused the minor;]
4865          [(e) any patterns of the parent's behavior that have exposed the minor to repeated
4866     abuse;]
4867          [(f) testimony by a competent professional that the parent's behavior is unlikely to be
4868     successful; and]
4869          [(g) whether the parent has expressed an interest in reunification with the minor.]
4870          [(24)] (19) (a) If reunification services are not ordered [pursuant to Subsections (20)
4871     through (22)] under this section, and the whereabouts of a parent [become] becomes known
4872     within six months after the day on which the out-of-home placement of the minor is made, the
4873     juvenile court may order the division to provide reunification services.
4874          (b) The time limits described in [Subsections (2) through (18)] this section are not
4875     tolled by the parent's absence.
4876          [(25)] (20) (a) If a parent is incarcerated or institutionalized, the juvenile court shall
4877     order reasonable services unless the juvenile court determines that those services would be
4878     detrimental to the minor.
4879          (b) In making the determination described in Subsection [(25)] (20)(a), the juvenile
4880     court shall consider:
4881          (i) the age of the minor;
4882          (ii) the degree of parent-child bonding;
4883          (iii) the length of the sentence;
4884          (iv) the nature of the treatment;
4885          (v) the nature of the crime or illness;
4886          (vi) the degree of detriment to the minor if services are not offered;
4887          (vii) for a minor who is 10 years old or older, the minor's attitude toward the
4888     implementation of family reunification services; and
4889          (viii) any other appropriate factors.
4890          (c) Reunification services for an incarcerated parent are subject to the time limitations
4891     imposed in [Subsections (2) through (18)] this section.
4892          (d) Reunification services for an institutionalized parent are subject to the time

4893     limitations imposed in [Subsections (2) through (18)] this section, unless the juvenile court
4894     determines that continued reunification services would be in the minor's best interest.
4895          [(26) If, pursuant to Subsections (21)(b) through (l), the court does not order
4896     reunification services, a permanency hearing shall be conducted within 30 days, in accordance
4897     with Section 78A-6-314.]
4898          Section 83. Section 80-3-407, which is renumbered from Section 78A-6-313 is
4899     renumbered and amended to read:
4900          [78A-6-313].      80-3-407. Six-month review hearing -- Court determination
4901     regarding reasonable efforts by the division and parental compliance with child and
4902     family plan requirements.
4903          If reunification efforts have been ordered by the juvenile court under Section 80-3-406,
4904     [a hearing shall be held] the juvenile court shall hold a hearing no more than six months after
4905     [initial removal of a minor] the day on which the minor is initially removed from the minor's
4906     home, in order for the juvenile court to determine whether:
4907          (1) the division has provided and is providing ["reasonable efforts"] reasonable efforts
4908     to reunify [a] the family[,] in accordance with the child and family plan established under
4909     Section 62A-4a-205; and
4910          (2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order
4911     to comply with the requirements of the child and family plan.
4912          Section 84. Section 80-3-408, which is renumbered from Section 78A-6-315 is
4913     renumbered and amended to read:
4914          [78A-6-315].      80-3-408. Periodic review hearings -- Dispositional reports.
4915          (1) At least every six months, the division or the juvenile court shall conduct a periodic
4916     review of the status of each [child] minor in the custody of the division, until the juvenile court
4917     terminates the division's custody of the [child] minor.
4918          (2) (a) The juvenile court or the division shall conduct the review described in
4919     Subsection (1) [shall be conducted] in accordance with the requirements of the case review
4920     system described in 42 U.S.C. Section 675.
4921          (b) If a review described in Subsection (1) is conducted by the division, the division
4922     shall:
4923          (i) conduct the review in accordance with the administrative review requirements of 42

4924     U.S.C. Section 675; and
4925          (ii) to the extent practicable, involve volunteer citizens in the administrative review
4926     process.
4927          (3) (a) Within 30 days after [completion of] the day on which a review described in
4928     Subsection (1) that is conducted by the division is completed, the division shall:
4929          (i) submit a copy of [its] the division's dispositional report to the juvenile court to be
4930     made a part of the juvenile court's legal file; and
4931          (ii) provide a copy of the dispositional report to each party in the case to which the
4932     review relates.
4933          (b) The juvenile court shall receive and review each dispositional report submitted
4934     under Subsection (3)(a)(i) in the same manner as the juvenile court receives and reviews a
4935     report described in Section [78A-6-605] 80-6-307.
4936          (c) If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte
4937     communication with a judge, the report [shall be] is considered a communication authorized by
4938     law.
4939          [(d) A report described in Subsection (3)(a)(i) may be received as evidence, and may
4940     be considered by the court along with other evidence. The court may require any person who
4941     participated in the dispositional report to appear as a witness if the person is reasonably
4942     available.]
4943          Section 85. Section 80-3-409, which is renumbered from Section 78A-6-314 is
4944     renumbered and amended to read:
4945          [78A-6-314].      80-3-409. Permanency hearing -- Final plan -- Petition for
4946     termination of parental rights filed -- Hearing on termination of parental rights.
4947          (1) (a) [When] If reunification services [have been ordered in accordance with Section
4948     78A-6-312] are ordered under Section 80-3-406, with regard to a minor who is in the custody
4949     of the [Division of Child and Family Services, a permanency hearing shall be held by the court]
4950     division, the juvenile court shall hold a permanency hearing no later than 12 months after the
4951     day on which the minor [was] is initially removed from the minor's home.
4952          (b) If reunification services [were] are not ordered at the dispositional hearing, the
4953     juvenile court shall hold a permanency hearing [shall be held] within 30 days after the day on
4954     which the dispositional hearing ends.

4955          (2) (a) If reunification services [were] are ordered [by the court] in accordance with
4956     Section [78A-6-312] 80-3-406, the juvenile court shall, at the permanency hearing, determine,
4957     consistent with Subsection (3), whether the minor may safely be returned to the custody of the
4958     minor's parent.
4959          (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
4960     minor to the minor's parent would create a substantial risk of detriment to the minor's physical
4961     or emotional well-being, the minor may not be returned to the custody of the minor's parent.
4962          (c) Prima facie evidence that return of the minor to a parent or guardian would create a
4963     substantial risk of detriment to the minor is established if:
4964          (i) the parent or guardian fails to:
4965          (A) participate in a court approved child and family plan;
4966          (B) comply with a court approved child and family plan in whole or in part; or
4967          (C) meet the goals of a court approved child and family plan; or
4968          (ii) the minor's natural parent:
4969          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4970     minor;
4971          (B) is identified by a law enforcement agency as the primary suspect in an investigation
4972     for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4973          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4974     recklessly causing the death of another parent of the minor.
4975          (3) In making a determination under Subsection (2)(a), the juvenile court shall:
4976          (a) review and consider:
4977          [(a)] (i) the report prepared by the [Division of Child and Family Services] division;
4978          [(b)] (ii) in accordance with the Utah Rules of Evidence, any admissible evidence
4979     offered by the minor's attorney guardian ad litem;
4980          [(c)] (iii) any report submitted by the division under Subsection [78A-6-315(3)(a)(i)]
4981     80-3-408(3)(a)(i);
4982          [(d)] (iv) any evidence regarding the efforts or progress demonstrated by the parent;
4983     and
4984          [(e)] (v) the extent to which the parent cooperated and used the services provided[.];
4985     and

4986          (b) attempt to keep the minor's sibling group together if keeping the sibling group
4987     together is:
4988          (i) practicable; and
4989          (ii) in accordance with the best interest of the minor.
4990          (4) With regard to a case where reunification services [were] are ordered by the
4991     juvenile court, if a minor is not returned to the minor's parent or guardian at the permanency
4992     hearing, the juvenile court shall, unless the time for the provision of reunification services is
4993     extended under Subsection (7):
4994          (a) order termination of reunification services to the parent;
4995          (b) make a final determination regarding whether termination of parental rights,
4996     adoption, or permanent custody and guardianship is the most appropriate final plan for the
4997     minor, taking into account the minor's primary permanency plan established by the juvenile
4998     court [pursuant to Section 78A-6-312] under Section 80-3-406; and
4999          (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
5000     that identifies the second most appropriate final plan for the minor, if appropriate.
5001          (5) The juvenile court may order another planned permanent living arrangement other
5002     than reunification for a minor who is 16 years old or older upon entering the following
5003     findings:
5004          (a) the [Division of Child and Family Services] division has documented intensive,
5005     ongoing, and unsuccessful efforts to reunify the minor with the minor's parent or parents, or to
5006     secure a placement for the minor with a guardian, an adoptive parent, or an individual
5007     described in Subsection [78A-6-306(6)(e)] 80-3-301(6)(e);
5008          (b) the [Division of Child and Family Services] division has demonstrated that the
5009     division has made efforts to normalize the life of the minor while in the division's custody, in
5010     accordance with Sections 62A-4a-210 through 62A-4a-212;
5011          (c) the minor prefers another planned permanent living arrangement; and
5012          (d) there is a compelling reason why reunification or a placement described in
5013     Subsection (5)(a) is not in the minor's best interest.
5014          (6) Except as provided in Subsection (7), the juvenile court may not extend
5015     reunification services beyond 12 months after the day on which the minor [was] is initially
5016     removed from the minor's home, in accordance with the provisions of Section [78A-6-312]

5017     80-3-406.
5018          (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
5019     services for no more than 90 days if the juvenile court finds, beyond a preponderance of the
5020     evidence, that:
5021          (i) there has been substantial compliance with the child and family plan;
5022          (ii) reunification is probable within that 90-day period; and
5023          (iii) the extension is in the best interest of the minor.
5024          (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
5025     reunification services beyond 15 months after the day on which the minor [was] is initially
5026     removed from the minor's home.
5027          (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
5028     basis for the juvenile court to extend services for [that] the parent beyond the 12-month period
5029     described in Subsection (6).
5030          (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
5031     services for one additional 90-day period, beyond the 90-day period described in Subsection
5032     (7)(a), if:
5033          (i) the juvenile court finds, by clear and convincing evidence, that:
5034          (A) the parent has substantially complied with the child and family plan;
5035          (B) it is likely that reunification will occur within the additional 90-day period; and
5036          (C) the extension is in the best interest of the minor;
5037          (ii) the juvenile court specifies the facts upon which the findings described in
5038     Subsection (7)(c)(i) are based; and
5039          (iii) the juvenile court specifies the time period in which it is likely that reunification
5040     will occur.
5041          (d) A juvenile court may not extend the time period for reunification services without
5042     complying with the requirements of this Subsection (7) before the extension.
5043          (e) In determining whether to extend reunification services for a minor, a juvenile court
5044     shall take into consideration the status of the minor siblings of the minor.
5045          (8) The juvenile court may, in [its] the juvenile court's discretion:
5046          (a) enter any additional order that [it] the juvenile court determines to be in the best
5047     interest of the minor, so long as that order does not conflict with the requirements and

5048     provisions of Subsections (4) through (7); or
5049          (b) order the division to provide protective supervision or other services to a minor and
5050     the minor's family after the division's custody of a minor [has been] is terminated.
5051          (9) (a) If the final plan for the minor is to proceed toward termination of parental
5052     rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
5053     calendar days after the day on which the permanency hearing is held.
5054          (b) If the division opposes the plan to terminate parental rights, the juvenile court may
5055     not require the division to file a petition for the termination of parental rights, except as
5056     required under Subsection [78A-6-316(2)] 80-4-203(2).
5057          (10) (a) Any party to an action may, at any time, petition the juvenile court for an
5058     expedited permanency hearing on the basis that continuation of reunification efforts are
5059     inconsistent with the permanency needs of the minor.
5060          (b) If the juvenile court so determines, [it] the juvenile court shall order, in accordance
5061     with federal law, that:
5062          (i) the minor be placed in accordance with the permanency plan; and
5063          (ii) whatever steps are necessary to finalize the permanent placement of the minor be
5064     completed as quickly as possible.
5065          (11) Nothing in this section may be construed to:
5066          (a) entitle any parent to reunification services for any specified period of time;
5067          (b) limit a juvenile court's ability to terminate reunification services at any time before
5068     a permanency hearing; or
5069          (c) limit or prohibit the filing of a petition for termination of parental rights by any
5070     party, or a hearing on termination of parental rights, at any time [prior to] before a permanency
5071     hearing provided that relative placement and custody options have been fairly considered in
5072     accordance with Sections 62A-4a-201 and [78A-6-503] 80-4-104.
5073          (12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
5074     filed [prior to] before the date scheduled for a permanency hearing, the juvenile court may
5075     consolidate the hearing on termination of parental rights with the permanency hearing.
5076          (b) For purposes of Subsection (12)(a), if the juvenile court consolidates the hearing on
5077     termination of parental rights with the permanency hearing:
5078          (i) the juvenile court shall first make a finding regarding whether reasonable efforts

5079     have been made by the [Division of Child and Family Services] division to finalize the
5080     permanency plan for the minor; and
5081          (ii) any reunification services shall be terminated in accordance with the time lines
5082     described in Section [78A-6-312] 80-3-406.
5083          (c) [A] The juvenile court shall make a decision on a petition for termination of
5084     parental rights [shall be made] within 18 months [from] after the day on which the minor is
5085     initially removed from the minor's home.
5086          (13) If a juvenile court determines that a minor will not be returned to a parent of the
5087     minor, the juvenile court shall consider appropriate placement options inside and outside of the
5088     state.
5089          (14) (a) [If] In accordance with Section 80-3-108, if a minor 14 years [of age] old or
5090     older desires an opportunity to address the juvenile court or testify regarding permanency or
5091     placement, the juvenile court shall give the minor's wishes added weight, but may not treat the
5092     minor's wishes as the single controlling factor under this section.
5093          (b) If the juvenile court's decision under this section differs from a minor's express
5094     wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
5095     or the minor's placement, the juvenile court shall make findings explaining why the juvenile
5096     court's decision differs from the minor's wishes.
5097          Section 86. Section 80-3-501, which is renumbered from Section 78A-6-311.5 is
5098     renumbered and amended to read:
5099     
Part 5. Miscellaneous Hearings

5100          [78A-6-311.5].      80-3-501. Placement in a qualified residential treatment
5101     program -- Review hearings.
5102          (1) As used in this section:
5103          (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec.
5104     675a.
5105          (b) "Qualified residential treatment program" means the same as that term is defined in
5106     42 U.S.C. Sec. 672.
5107          (2) Within 60 days [of the date when a child] of the day on which a minor is placed in a
5108     qualified residential treatment program under this chapter or Chapter 6, Juvenile Justice, the
5109     juvenile court shall:

5110          (a) review the assessment, determination, and documentation made by a qualified
5111     individual regarding the [child] minor;
5112          (b) determine whether the needs of the [child] minor can be met through placement in a
5113     foster home;
5114          (c) if the [child's] minor's needs cannot be met through placement in a foster home,
5115     determine whether:
5116          (i) placement of the [child] minor in a qualified residential treatment program provides
5117     the most effective and appropriate level of care for the [child] minor in the least restrictive
5118     environment; and
5119          (ii) placement in a qualified residential treatment program is consistent with the
5120     short-term and long-term goals for the [child] minor, as specified in the permanency plan for
5121     the [child] minor; and
5122          (d) approve or disapprove of the [child's] minor's placement in a qualified residential
5123     treatment program.
5124          (3) As long as a [child] minor remains placed in a qualified residential treatment
5125     program, the juvenile court shall review the placement decision at each subsequent review and
5126     permanency hearing held with respect to the [child.] minor.
5127          (4) When the juvenile court conducts a review described in Subsection (3), the juvenile
5128     court shall review evidence submitted by the custodial division to:
5129          (a) demonstrate an ongoing assessment of the strengths and needs of the [child] minor
5130     such that the [child's] minor's needs cannot be met through placement in a foster home;
5131          (b) demonstrate that placement in a qualified residential treatment program provides
5132     the most effective and appropriate level of care for the [child] minor in the least restrictive
5133     environment;
5134          (c) demonstrate that placement in the qualified residential treatment program is
5135     consistent with the short-term and long-term goals for the [child] minor, as specified by the
5136     permanency plan for the [child] minor;
5137          (d) document the specific treatment or service needs that will be met for the [child]
5138     minor in the placement;
5139          (e) document the length of time the [child] minor is expected to need the treatment or
5140     services; and

5141          (f) document the efforts made by the custodial division to prepare the [child] minor to
5142     return home or transition to another setting, such as with a relative, with a friend of the [child]
5143     minor, with a [legal] guardian, with an adoptive parent, a foster home, or independent living.
5144          Section 87. Section 80-3-502, which is renumbered from Section 78A-6-318 is
5145     renumbered and amended to read:
5146          [78A-6-318].      80-3-502. Review of foster care removal -- Foster parent's
5147     standing.
5148          (1) With regard to a [child] minor in the custody of the [Division of Child and Family
5149     Services] division who is the subject of a petition alleging abuse, neglect, or dependency, and
5150     who has been placed in foster care with a foster family, the Legislature finds that:
5151          (a) except with regard to the [child's] minor's natural parents, a foster family has a very
5152     limited but recognized interest in its familial relationship with the [child] minor; and
5153          (b) [children] minors in the custody of the division are experiencing multiple changes
5154     in foster care placements with little or no documentation, and that numerous studies of child
5155     growth and development emphasize the importance of stability in foster care living
5156     arrangements.
5157          (2) For the reasons described in Subsection (1), the Legislature finds that, except with
5158     regard to the [child's] minor's natural parents, procedural due process protections must be
5159     provided to a foster family prior to removal of a foster [child] minor from the foster home.
5160          (3) (a) A foster parent who has had a foster [child] minor in the foster parent's home for
5161     12 months or longer may petition the juvenile court for a review and determination of the
5162     appropriateness of a decision by the [Division of Child and Family Services] division to
5163     remove the [child] minor from the foster home, unless the removal was for the purpose of:
5164          (i) returning the [child to the child's] minor to the minor's natural parent or legal
5165     guardian;
5166          (ii) immediately placing the [child] minor in an approved adoptive home;
5167          (iii) placing the [child] minor with a relative[, as defined in Subsection 78A-6-307(1),]
5168     who obtained custody or asserted an interest in the [child] minor within the preference period
5169     described in Subsection [78A-6-307(18)(a)] 80-3-302(9); or
5170          (iv) placing an Indian child in accordance with [preplacement] placement preferences
5171     and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.

5172          (b) The foster parent may petition the juvenile court under this section without
5173     exhausting administrative remedies within the division.
5174          (c) The juvenile court may order the division to place the [child] minor in a specified
5175     home, and shall base [its] the juvenile court's determination on the best interest of the [child]
5176     minor.
5177          (4) The requirements of this section do not apply to the removal of a [child] minor
5178     based on a foster parent's request for that removal.
5179          Section 88. Section 80-3-503 is enacted to read:
5180          80-3-503. Minor's petition for removal from division custody -- Reentering
5181     division custody.
5182          (1) (a) A minor who is 18 years old or older, but younger than 21 years old, may
5183     petition the juvenile court to express the minor's desire to have the minor be removed from the
5184     custody of the division if the minor is in the division's custody on grounds of abuse, neglect, or
5185     dependency.
5186          (b) If the minor's parent's rights have not been terminated in accordance with Chapter
5187     4, Termination and Restoration of Parental Rights, the minor's petition described in Subsection
5188     (1)(a) shall contain a statement from the minor's parent or guardian agreeing that the minor
5189     should be removed from the custody of the division.
5190          (c) The minor and the minor's parent or guardian shall sign the petition described in
5191     Subsection (1)(a).
5192          (2) The juvenile court shall:
5193          (a) review the petition described in Subsection (1)(a) within 14 days after the day on
5194     which the petition is filed; and
5195          (b) remove the minor from the custody of the division if:
5196          (i) the requirements under Subsections (1)(b) and (c) are met; and
5197          (ii) the court finds, based on input from the division, the minor's attorney guardian ad
5198     litem, and the Office of the Attorney General, that the minor does not pose an imminent threat
5199     to self or others.
5200          (3) (a) A minor removed from custody of the division under this section may, within 90
5201     days after the day on which the minor is removed from custody of the division, petition the
5202     court to re-enter custody of the division.

5203          (b) Upon receiving a petition described in Subsection (3)(a), the juvenile court shall
5204     order the division to take custody of the minor based on the findings the juvenile court entered
5205     when the juvenile court originally vested custody of the minor in the division.
5206          Section 89. Section 80-4-101, which is renumbered from Section 78A-6-501 is
5207     renumbered and amended to read:
5208     
CHAPTER 4. TERMINATION AND RESTORATION OF PARENTAL RIGHTS

5209     
Part 1. General Provisions

5210          [78A-6-501].      80-4-101. Title.
5211          This [part] chapter is known as [the "Termination of Parental Rights Act."]
5212     "Termination and Restoration of Parental Rights."
5213          Section 90. Section 80-4-102, which is renumbered from Section 78A-6-502 is
5214     renumbered and amended to read:
5215          [78A-6-502].      80-4-102. Definitions.
5216          As used in this chapter:
5217          (1) "Division" means the Division of Child and Family Services [within the
5218     Department of Human Services] created in Section 62A-4a-103.
5219          (2) "Failure of parental adjustment" means that a parent or parents are unable or
5220     unwilling within a reasonable time to substantially correct the circumstances, conduct, or
5221     conditions that led to placement of their child outside of their home, notwithstanding
5222     reasonable and appropriate efforts made by the [Division of Child and Family Services]
5223     division to return the child to [that] the home.
5224          [(3) "Plan" means a written agreement between the parents of a child, who has been
5225     removed from the child's home by the juvenile court, and the Division of Child and Family
5226     Services or written conditions and obligations imposed upon the parents directly by the
5227     juvenile court, that have a primary objective of reuniting the family or, if the parents fail or
5228     refuse to comply with the terms and conditions of the case plan, freeing the child for adoption.]
5229          (3) "Former parent" means an individual whose legal parental rights were terminated
5230     under this chapter.
5231          (4) "Petition to restore parental rights" means a petition filed in accordance with this
5232     chapter to restore the rights of a parent with regard to a child.
5233          (5) "Petition for termination of parental rights" means a petition filed in accordance

5234     with this chapter to terminate the parental rights of a parent.
5235          (6) "Temporary custody" means the same as that term is defined in Section
5236     62A-4a-101.
5237          Section 91. Section 80-4-103 is enacted to read:
5238          80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.
5239          (1) The proceedings under this chapter are civil in nature and are governed by the Utah
5240     Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.
5241          (2) The juvenile court shall:
5242          (a) in all cases filed under this chapter require the petitioner to establish the facts by
5243     clear and convincing evidence;
5244          (b) give full and careful consideration to all of the evidence presented with regard to
5245     the constitutional rights and claims of the parent; and
5246          (c) if a parent is found, by reason of the parent's conduct or condition, to be unfit or
5247     incompetent based upon any of the grounds for termination described in this chapter, consider
5248     the welfare and best interest of the child of paramount importance in determining whether to
5249     terminate parental rights.
5250          Section 92. Section 80-4-104, which is renumbered from Section 78A-6-503 is
5251     renumbered and amended to read:
5252          [78A-6-503].      80-4-104. Judicial process for termination -- Parent unfit or
5253     incompetent -- Best interest of child.
5254          (1) Under both the United States Constitution and the constitution of this state, a parent
5255     possesses a fundamental liberty interest in the care, custody, and management of the parent's
5256     child. For this reason, the termination of family ties by the state may only be done for
5257     compelling reasons.
5258          (2) The juvenile court shall provide a fundamentally fair process to a parent if a party
5259     moves to terminate the parent's parental rights.
5260          (3) If the party moving to terminate parental rights is a governmental entity, the
5261     juvenile court shall find that any actions or allegations made in opposition to the rights and
5262     desires of a parent regarding the parent's child are supported by sufficient evidence to satisfy a
5263     parent's constitutional entitlement to heightened protection against government interference
5264     with the parent's fundamental rights and liberty interests.

5265          (4) (a) The fundamental liberty interest of a parent concerning the care, custody, and
5266     management of the parent's child is recognized, protected, and does not cease to exist simply
5267     because:
5268          (i) a parent may fail to be a model parent; or
5269          (ii) the parent's child is placed in the temporary custody of the state.
5270          (b) The juvenile court should give serious consideration to the fundamental right of a
5271     parent to rear the parent's child, and concomitantly, of the right of the child to be reared by the
5272     child's natural parent.
5273          (5) At all times, a parent retains a vital interest in preventing the irretrievable
5274     destruction of family life.
5275          (6) [Prior to] Before an adjudication of unfitness, government action in relation to a
5276     parent and a parent's child may not exceed the least restrictive means or alternatives available
5277     to accomplish a compelling state interest.
5278          (7) Until parental unfitness is established and the children suffer, or are substantially
5279     likely to suffer, serious detriment as a result, the child and the child's parent share a vital
5280     interest in preventing erroneous termination of their relationship and the juvenile court may not
5281     presume that a child and the child's parents are adversaries.
5282          (8) It is in the best interest and welfare of a child to be raised under the care and
5283     supervision of the child's natural parents. A child's need for a normal family life in a permanent
5284     home, and for positive, nurturing family relationships is usually best met by the child's natural
5285     parents. Additionally, the integrity of the family unit and the right of parents to conceive and
5286     raise their children are constitutionally protected. For these reasons, the juvenile court should
5287     only transfer custody of a child from the child's natural parent for compelling reasons and when
5288     there is a jurisdictional basis to do so.
5289          (9) The right of a fit, competent parent to raise the parent's child without undue
5290     government interference is a fundamental liberty interest that has long been protected by the
5291     laws and Constitution of this state and of the United States, and is a fundamental public policy
5292     of this state.
5293          (10) (a) The state recognizes that:
5294          (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
5295     train, educate, provide for, and reasonably discipline the parent's child; and

5296          (ii) the state's role is secondary and supportive to the primary role of a parent.
5297          (b) It is the public policy of this state that a parent retain the fundamental right and duty
5298     to exercise primary control over the care, supervision, upbringing, and education of the parent's
5299     child.
5300          (c) The interests of the state favor preservation and not severance of natural familial
5301     bonds in situations where a positive, nurturing parent-child relationship can exist, including
5302     extended family association and support.
5303          (11) This [part] chapter provides a judicial process for voluntary and involuntary
5304     severance of the parent-child relationship, designed to safeguard the rights and interests of all
5305     parties concerned and promote their welfare and that of the state.
5306          (12) (a) Wherever possible, family life should be strengthened and preserved, but if a
5307     parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based
5308     upon any of the grounds for termination described in this part, the juvenile court shall then
5309     consider the welfare and best interest of the child of paramount importance in determining
5310     whether termination of parental rights shall be ordered.
5311          (b) In determining whether termination is in the best interest of the child, and in
5312     finding that termination of parental rights, from the child's point of view, is strictly necessary,
5313     the juvenile court shall consider, among other relevant factors, whether:
5314          (i) sufficient efforts were dedicated to reunification in accordance with [Subsection
5315     78A-6-507(3)(a)] Section 80-4-301; and
5316          (ii) the efforts to place the child with kin who have, or are willing to come forward to
5317     care for the child, were given due weight.
5318          Section 93. Section 80-4-105, which is renumbered from Section 78A-6-513 is
5319     renumbered and amended to read:
5320          [78A-6-513].      80-4-105. Effect of decree.
5321          (1) An order for the termination of [the parent-child legal relationship] parental rights
5322     divests the child and the parents of all legal rights, powers, immunities, duties, and obligations
5323     with respect to each other, except the right of the child to inherit from the parent.
5324          (2) An order or decree entered [pursuant to this part] under this chapter may not
5325     disentitle a child to any benefit due [him] to the child from any third person, including[, but not
5326     limited to,] any Indian tribe, agency, state, or the United States.

5327          (3) Except as provided in Sections [78A-6-1401 through 78A-6-1404] 80-4-401 and
5328     80-4-402, after the termination of [a parent-child legal relationship] a parent's parental rights,
5329     the former parent:
5330          (a) is [neither] not entitled to any notice of proceedings for the adoption of the child
5331     [nor has]; and
5332          (b) does not have any right to object to the adoption or to participate in any other
5333     placement proceedings.
5334          (4) An order permanently terminating the rights of a parent, guardian, or custodian
5335     does not expire with termination of the jurisdiction of the juvenile court.
5336          Section 94. Section 80-4-106 is enacted to read:
5337          80-4-106. Individuals entitled to be present at proceedings -- Legal representation
5338     -- Attorney general responsibilities.
5339          (1) (a) The juvenile court shall admit any individual to a hearing unless the juvenile
5340     court makes a finding upon the record that the individual's presence at the hearing would:
5341          (i) be detrimental to the best interest of a child who is a party to the proceeding;
5342          (ii) impair the fact-finding process; or
5343          (iii) be otherwise contrary to the interests of justice.
5344          (b) The juvenile court may exclude an individual from a hearing under Subsection
5345     (1)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
5346          (2) (a) The parties shall be advised of the parties' right to counsel, including the
5347     appointment of counsel for a parent or legal guardian facing any action initiated by a private
5348     party under this chapter or under Section 78B-6-112 for termination of parental rights.
5349          (b) If a parent or guardian is the subject of a petition for the termination of parental
5350     rights, the juvenile court shall:
5351          (i) appoint an indigent defense service provider for a parent or guardian determined to
5352     be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
5353     Counsel; and
5354          (ii) order indigent defense services for the parent or legal guardian who is determined
5355     to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
5356     Counsel.
5357          (c) In any action under this chapter, a guardian ad litem, as defined in Section

5358     78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.
5359          (d) A guardian ad litem, as defined in Section 78A-2-801, shall represent the child in
5360     other actions initiated under this chapter when appointed by the juvenile court under Section
5361     78A-2-803 or as otherwise provided by law.
5362          (3) Subject to the attorney general's prosecutorial discretion in civil enforcement
5363     actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all
5364     provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to the
5365     termination of parental rights.
5366          Section 95. Section 80-4-107 is enacted to read:
5367          80-4-107. Record of Proceedings -- Written reports and other materials --
5368     Statements of a child.
5369          (1) As used in this section, "record of a proceeding" means the same as that term is
5370     defined in Section 80-3-106.
5371          (2) A record of a proceeding under this chapter:
5372          (a) shall be taken in accordance with Section 80-3-106; and
5373          (b) may be requested for release as described in Section 80-3-106.
5374          (3) (a) For purposes of determining proper disposition of a child in hearings upon a
5375     petition for termination of parental rights, written reports and other material relating to the
5376     minor's mental, physical, and social history and condition may be:
5377          (i) received in evidence; and
5378          (ii) considered by the court along with other evidence.
5379          (b) The court may require that an individual who wrote a report or prepared the
5380     material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.
5381          (4) For the purpose of establishing abuse, neglect, or dependency under this chapter,
5382     the juvenile court may, in the juvenile court's discretion, consider evidence of statements made
5383     by a child under eight years old to an individual in a trust relationship.
5384          Section 96. Section 80-4-108, which is renumbered from Section 78A-6-515 is
5385     renumbered and amended to read:
5386          [78A-6-515].      80-4-108. Physical or mental health examination during
5387     proceedings.
5388          [(1) When a mental health practitioner is to be appointed in a parental rights action to

5389     evaluate the mental health of a parent or a child, or to provide mental health services to a parent
5390     or a child, the court:]
5391          [(a)] (1) In a proceeding under this chapter, the juvenile court may appoint any mental
5392     health therapist, as defined in Section 58-60-102, [which] who the juvenile court finds to be
5393     qualified[;] to:
5394          (a) evaluate the mental health of, or provide mental health services to, the child; or
5395          (b) after notice and a hearing set for the specific purpose, evaluate the mental health of
5396     a parent, or provide mental health services to a parent, if the juvenile court finds from the
5397     evidence presented at the hearing that the parent's mental or emotional condition may be a
5398     factor in the parent's unfitness.
5399          (2) The juvenile court:
5400          [(b)] (a) may not refuse to appoint a mental health therapist under Subsection (1) for
5401     the reason that the therapist's recommendations in another case [have not followed] did not
5402     follow the recommendations of the [Division of Child and Family Services] division or the
5403     Office of Guardian Ad Litem; and
5404          [(c)] (b) shall give strong consideration to the parent's or guardian's wishes regarding
5405     the selection of a mental health therapist.
5406          (3) In a proceeding under this chapter, the juvenile court may appoint a physician, or a
5407     physician assistant, who the court finds to be qualified to:
5408          (a) physically examine the child; or
5409          (b) after notice and a hearing set for a specific purpose, physically examine the parent
5410     if the juvenile court finds from the evidence presented at the hearing that the parent's physical
5411     condition may be a factor in causing the parent's unfitness.
5412          (4) The division shall, with regard to a child in the division's custody:
5413          (a) take reasonable measures to notify a parent of any non-emergency health treatment
5414     or care scheduled for a child;
5415          (b) include the parent as fully as possible in making health care decisions for the child;
5416          (c) defer to the parent's reasonable and informed decisions regarding the child's health
5417     care to the extent that the child's health and well-being are not unreasonably compromised by
5418     the parent's decision; and
5419          (d) notify the parent of the child within five business days after the day on which the

5420     child receives emergency health care or treatment.
5421          (5) An examination conducted in accordance with Subsection (1) or (2) is not a
5422     privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from
5423     the general rule of privilege.
5424          [(2)] (6) This section applies to all juvenile court proceedings under this chapter
5425     involving:
5426          (a) parents and children; or
5427          [(b) the Division of Child and Family Services.]
5428          (b) the division.
5429          Section 97. Section 80-4-109 is enacted to read:
5430          80-4-109. Consideration of cannabis during proceedings.
5431          (1) As used in this section:
5432          (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5433          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5434          (c) (i) "Chronic" means repeated or patterned.
5435          (ii) "Chronic" does not mean an isolated incident.
5436          (d) "Directions of use" means the same as that term is defined in Section 26-61a-102.
5437          (e) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
5438          (f) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
5439          (g) "Medical cannabis cardholder" means the same as that term is defined in Section
5440     26-61a-102.
5441          (h) "Qualified medical provider" means the same as that term is defined in Section
5442     26-61a-102.
5443          (2) In a proceeding under this chapter in which the juvenile court makes a finding,
5444     determination, or otherwise considers an individual's possession or use of medical cannabis, a
5445     cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the
5446     individual's possession or use any differently than the lawful possession or use of any
5447     prescribed controlled substance if:
5448          (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
5449     Production Establishments;
5450          (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or

5451          (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
5452     Medical Cannabis Act; and
5453          (ii) the individual reasonably complies with the directions of use and dosing guidelines
5454     determined by the individual's qualified medical provider or through a consultation described
5455     in Subsection 26-61a-502(4) or (5).
5456          (3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a
5457     cannabis product is not abuse or neglect of a child unless there is evidence showing that:
5458          (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
5459     because of cannabis being introduced to the child's body in another manner; or
5460          (b) the child is at an unreasonable risk of harm because of chronic inhalation or
5461     ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
5462          (4) Unless there is harm or an unreasonable risk of harm to the child as described in
5463     Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not
5464     contrary to the best interests of a child if:
5465          (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
5466     possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
5467     is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
5468     from the directions of use and dosing guidelines determined by the parent's or guardian's
5469     qualified medical provider or through a consultation described in Subsection 26-61a-502(4) or
5470     (5); or
5471          (b) before January 1, 2021, the parent's or guardian's possession or use complies with
5472     Subsection 58-37-3.7(2) or (3).
5473          (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and
5474     Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
5475     or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
5476     nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
5477     that would separately constitute abuse or neglect of the child.
5478          Section 98. Section 80-4-201, which is renumbered from Section 78A-6-504 is
5479     renumbered and amended to read:
5480     
Part 2. Petition for Termination of Parental Rights

5481          [78A-6-504].      80-4-201. Petition -- Who may file -- Dismissal.

5482          (1) Any interested party, including a foster parent, may file a petition for termination of
5483     [the parent-child relationship with regard to a child] parental rights.
5484          (2) The attorney general shall file a petition for termination of parental rights under this
5485     [part] chapter on behalf of the division.
5486          (3) The juvenile court may dismiss a petition for termination of parental rights at any
5487     stage of the proceedings.
5488          Section 99. Section 80-4-202, which is renumbered from Section 78A-6-505 is
5489     renumbered and amended to read:
5490          [78A-6-505].      80-4-202. Contents of petition.
5491          (1) [The] A petition for termination of parental rights shall include, to the best
5492     information or belief of the petitioner:
5493          [(a) the name and place of residence of the petitioner;]
5494          [(b) the name, sex, date and place of birth, and residence of the child;]
5495          [(c) the relationship of the petitioner to the child;]
5496          [(d) the names, addresses, and dates of birth of the parents, if known;]
5497          [(e) the name and address of the person having legal custody or guardianship, or acting
5498     in loco parentis to the child, or the organization or agency having legal custody or providing
5499     care for the child;]
5500          (a) the information required by Utah Rules of Juvenile Procedure, Rule 17;
5501          [(f)] (b) the grounds on which termination of parental rights is sought, in accordance
5502     with Section [78A-6-507] 80-4-301; and
5503          [(g)] (c) the names and addresses of the [persons] individuals or the authorized agency
5504     to whom legal custody or guardianship of the child might be transferred.
5505          (2) [A] The petitioner shall attach a copy of [any] a relinquishment or consent, if any,
5506     previously executed by the parent or parents [shall be attached] to the petition described in
5507     Subsection (1).
5508          Section 100. Section 80-4-203, which is renumbered from Section 78A-6-316 is
5509     renumbered and amended to read:
5510          [78A-6-316].      80-4-203. Mandatory petition for termination of parental
5511     rights.
5512          (1) For purposes of this section, "abandoned infant" means a child who is 12 months

5513     [of age or younger] old or younger and whose parent or parents:
5514          (a) although having legal custody of the child, fail to maintain physical custody of the
5515     child without making arrangements for the care of the child;
5516          (b) have failed to:
5517          (i) maintain physical custody; and
5518          (ii) exhibit the normal interest of a natural parent without just cause; or
5519          (c) are unwilling to have physical custody of the child.
5520          (2) Except as provided in Subsection (3), notwithstanding any other provision of this
5521     chapter or of Title 62A, Chapter 4a, Child and Family Services, the division shall file a petition
5522     for termination of parental rights with regard to:
5523          (a) an abandoned infant; or
5524          (b) the child of a parent, whenever a court has determined that the parent has:
5525          (i) committed murder or child abuse homicide of another child of that parent;
5526          (ii) committed manslaughter of another child of that parent;
5527          (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
5528     homicide, or manslaughter against another child of that parent; or
5529          (iv) committed a felony assault or abuse that results in serious physical injury to:
5530          (A) another child of that parent; or
5531          (B) the other parent of the child.
5532          (3) The division is not required to file a petition for termination of parental rights under
5533     Subsection (2) if:
5534          (a) the child is being cared for by a relative;
5535          (b) the division has:
5536          (i) documented in the child's child and family plan a compelling reason for determining
5537     that filing a petition for termination of parental rights is not in the child's best interest; and
5538          (ii) made that child and family plan available to the juvenile court for [its] the juvenile
5539     court's review; or
5540          (c) (i) the juvenile court has previously determined, in accordance with the provisions
5541     and limitations of Sections 62A-4a-201, 62A-4a-203, [78A-6-306, and 78A-6-312] 80-3-301,
5542     and 80-3-406, that reasonable efforts to reunify the child with the child's parent or parents were
5543     required; and

5544          (ii) the division has not provided, within the time period specified in the child and
5545     family plan, services that had been determined to be necessary for the safe return of the child.
5546          Section 101. Section 80-4-204, which is renumbered from Section 78A-6-506 is
5547     renumbered and amended to read:
5548          [78A-6-506].      80-4-204. Notice of petition.
5549          (1) (a) After a petition for termination of parental rights [has been] is filed, notice shall:
5550          [(a)] (i) be provided to the parents, the guardian, the [person] individual or agency
5551     having legal custody of the child, and any [person] individual acting in loco parentis to the
5552     child; and
5553          [(b)] (ii) indicate the:
5554          [(i)] (A) nature of the petition;
5555          [(ii)] (B) time and place of the hearing;
5556          [(iii)] (C) right to counsel; and
5557          [(iv)] (D) right to the appointment of counsel for a party whom the juvenile court
5558     determines is indigent and at risk of losing the party's parental rights.
5559          (b) The notice described in Subsection (1)(a), or a separate notice subsequently issued,
5560     shall contain a statement to the effect that the rights of the parent or parents are proposed to be
5561     permanently terminated in the proceedings.
5562          (2) [A hearing shall be held] The juvenile court shall hold a hearing specifically on the
5563     question of termination of parental rights no sooner than 10 days after [service of summons is
5564     complete. A verbatim record of the proceedings shall be taken and the parties shall be advised
5565     of their right to counsel, including the appointment of counsel for an indigent parent or legal
5566     guardian facing any action initiated by a private party under this part or termination of parental
5567     rights under Section 78B-6-112. The summons shall contain a statement to the effect that the
5568     rights of the parent or parents are proposed to be permanently terminated in the proceedings.
5569     That statement may be contained in the summons originally issued in the proceeding or in a
5570     separate summons subsequently issued.] the day on which the notice described in Subsection
5571     (1) is served.
5572          [(3) The proceedings are civil in nature and are governed by the Utah Rules of Civil
5573     Procedure. The court shall in all cases require the petitioner to establish the facts by clear and
5574     convincing evidence, and shall give full and careful consideration to all of the evidence

5575     presented with regard to the constitutional rights and claims of the parent and, if a parent is
5576     found, by reason of the parent's conduct or condition, to be unfit or incompetent based upon
5577     any of the grounds for termination described in this part, the court shall then consider the
5578     welfare and best interest of the child of paramount importance in determining whether
5579     termination of parental rights shall be ordered.]
5580          Section 102. Section 80-4-205 is enacted to read:
5581          80-4-205. Expedited hearing for temporary custody.
5582          (1) At any time after a petition for termination of parental rights is filed, the juvenile
5583     court may make an order in accordance with this chapter:
5584          (a) providing for temporary custody of the child who is the subject of the petition; or
5585          (b) that the division provide protective services to the child who is the subject of the
5586     petition if the juvenile court determines that:
5587          (i) the child is at risk of being removed from the child's home due to abuse and neglect;
5588     and
5589          (ii) the provision of protective services may make the removal described in Subsection
5590     (1)(b)(i) unnecessary.
5591          (2) (a) The juvenile court shall hold an expedited hearing to determine whether a child
5592     should be placed in temporary custody if:
5593          (i) a person files a petition for termination of parental rights;
5594          (ii) a party to the proceeding files a motion for expedited placement in temporary
5595     custody; and
5596          (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with
5597     the requirements for notice of a shelter hearing under Section 80-3-301.
5598          (b) The hearing described in Subsection (2)(a):
5599          (i) shall be held within 72 hours, excluding weekends and holidays, after the time in
5600     which the motion described in Subsection (2)(a)(ii) is filed; and
5601          (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of
5602     Juvenile Procedure, Rule 13.
5603          (3) (a) The hearing and notice described in Subsection (1) are subject to:
5604          (i) Section 80-3-301;
5605          (ii) Section 80-3-302; and

5606          (iii) the Utah Rules of Juvenile Procedure.
5607          (b) After the hearing described in Subsection (1), the juvenile court may order a child
5608     placed in the temporary custody of the division.
5609          Section 103. Section 80-4-206 is enacted to read:
5610          80-4-206. Mediation.
5611          If a petition for termination of parental rights is filed, or if the matter is referred to the
5612     juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties
5613     to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
5614     Resolution Act.
5615          Section 104. Section 80-4-207 is enacted to read:
5616          80-4-207. Modification of petition -- Continuance.
5617          (1) When it appears that evidence presented in a proceeding under this chapter points
5618     to material facts not alleged in the petition for termination of parental rights, the juvenile court
5619     may consider the additional or different matters raised by the evidence if the parties consent.
5620          (2) The juvenile court, by a motion of any interested party or on the juvenile court's
5621     own motion, shall direct that the petition for termination of parental rights be amended to
5622     conform to the evidence described in Subsection (1).
5623          (3) If the amendment described in Subsection (2) results in a substantial departure from
5624     the facts originally alleged in the petition for the termination of parental rights, the juvenile
5625     court shall grant a continuance as justice may require in accordance with Utah Rules of
5626     Juvenile Procedure, Rule 54.
5627          Section 105. Section 80-4-301, which is renumbered from Section 78A-6-507 is
5628     renumbered and amended to read:
5629     
Part 3. Termination and Posttermination Parental Rights

5630          [78A-6-507].      80-4-301. Grounds for termination of parental rights --
5631     Findings regarding reasonable efforts.
5632          (1) Subject to the protections and requirements of Section [78A-6-503] 80-4-104, and
5633     if the juvenile court finds termination of [a parent's] parental rights, from the child's point of
5634     view, is strictly necessary, the juvenile court may terminate all parental rights with respect to
5635     the parent if the juvenile court finds any one of the following:
5636          (a) that the parent has abandoned the child;

5637          (b) that the parent has neglected or abused the child;
5638          (c) that the parent is unfit or incompetent;
5639          (d) (i) that the child is being cared for in an out-of-home placement under the
5640     supervision of the juvenile court or the division;
5641          (ii) that the parent has substantially neglected, [wilfully] willfully refused, or has been
5642     unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home
5643     placement; and
5644          (iii) that there is a substantial likelihood that the parent will not be capable of
5645     exercising proper and effective parental care in the near future;
5646          (e) failure of parental adjustment, as defined in this chapter;
5647          (f) that only token efforts have been made by the parent:
5648          (i) to support or communicate with the child;
5649          (ii) to prevent neglect of the child;
5650          (iii) to eliminate the risk of serious harm to the child; or
5651          (iv) to avoid being an unfit parent;
5652          (g) (i) that the parent has voluntarily relinquished the parent's parental rights to the
5653     child; and
5654          (ii) that termination is in the child's best interest;
5655          (h) that, after a period of trial during which the child was returned to live in the child's
5656     own home, the parent substantially and continuously or repeatedly refused or failed to give the
5657     child proper parental care and protection; or
5658          (i) the terms and conditions of safe relinquishment of a newborn child have been
5659     complied with, [pursuant to] in accordance with Title 62A, Chapter 4a, Part 8, Safe
5660     Relinquishment of a Newborn Child.
5661          (2) The juvenile court may not terminate the parental rights of a parent because the
5662     parent has failed to complete the requirements of a child and family plan.
5663          (3) (a) Except as provided in Subsection (3)(b), in any case in which the juvenile court
5664     has directed the division to provide reunification services to a parent, the juvenile court must
5665     find that the division made reasonable efforts to provide those services before the juvenile
5666     court may terminate the parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
5667          (b) Notwithstanding Subsection (3)(a), the juvenile court is not required to make the

5668     finding under Subsection (3)(a) before terminating a parent's rights:
5669          (i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred
5670     subsequent to adjudication; or
5671          (ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
5672     required under federal law, and federal law is not inconsistent with Utah law.
5673          Section 106. Section 80-4-302, which is renumbered from Section 78A-6-508 is
5674     renumbered and amended to read:
5675          [78A-6-508].      80-4-302. Evidence of grounds for termination.
5676          (1) In determining whether a parent or parents have abandoned a child, it is prima facie
5677     evidence of abandonment that the parent or parents:
5678          (a) although having legal custody of the child, have surrendered physical custody of the
5679     child, and for a period of six months following the surrender have not manifested to the child
5680     or to the person having the physical custody of the child a firm intention to resume physical
5681     custody or to make arrangements for the care of the child;
5682          (b) have failed to communicate with the child by mail, telephone, or otherwise for six
5683     months;
5684          (c) failed to have shown the normal interest of a natural parent, without just cause; or
5685          (d) have abandoned an infant, as described in [Subsection 78A-6-316(1)] Section
5686     80-4-203.
5687          (2) In determining whether a parent or parents are unfit or have neglected a child the
5688     juvenile court shall consider[, but is not limited to, the following circumstances, conduct, or
5689     conditions]:
5690          (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
5691     parent unable to care for the immediate and continuing physical or emotional needs of the child
5692     for extended periods of time;
5693          (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
5694     nature;
5695          (c) habitual or excessive use of intoxicating liquors, controlled substances, or
5696     dangerous drugs that render the parent unable to care for the child;
5697          (d) repeated or continuous failure to provide the child with adequate food, clothing,
5698     shelter, education, or other care necessary for the child's physical, mental, and emotional health

5699     and development by a parent or parents who are capable of providing that care;
5700          (e) whether the parent is incarcerated as a result of conviction of a felony, and the
5701     sentence is of such length that the child will be deprived of a normal home for more than one
5702     year;
5703          (f) a history of violent behavior; [or]
5704          (g) whether the parent has intentionally exposed the child to pornography or material
5705     harmful to a minor, as defined in Section 76-10-1201[.]; or
5706          (h) any other circumstance, conduct, or condition that the court considers relevant in
5707     the determination of whether a parent or parents are unfit or have neglected the child.
5708          (3) Notwithstanding Subsection (2)(c), the juvenile court may not discriminate against
5709     a parent because of or otherwise consider the parent's lawful possession or consumption of
5710     cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in Section
5711     26-61a-102 or a medical cannabis device, in accordance with Title 26, Chapter 61a, Utah
5712     Medical Cannabis Act.
5713          (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
5714     specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
5715          (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
5716     unfit because of a health care decision made for a child by the child's parent unless the state or
5717     other party to the proceeding shows, by clear and convincing evidence, that the health care
5718     decision is not reasonable and informed.
5719          (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
5720     obtain a second health care opinion.
5721          (6) If a child has been placed in the custody of the division and the parent or parents
5722     fail to comply substantially with the terms and conditions of a plan within six months after the
5723     date on which the child was placed or the plan was commenced, whichever occurs later, that
5724     failure to comply is evidence of failure of parental adjustment.
5725          (7) The following circumstances [constitute] are prima facie evidence of unfitness:
5726          (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
5727     child, due to known or substantiated abuse or neglect by the parent or parents;
5728          (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
5729     indicate the unfitness of the parent to provide adequate care to the extent necessary for the

5730     child's physical, mental, or emotional health and development;
5731          (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
5732     of the child;
5733          (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
5734     commit murder or manslaughter of a child or child abuse homicide; or
5735          (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
5736     of the child, without legal justification.
5737          Section 107. Section 80-4-303, which is renumbered from Section 78A-6-509 is
5738     renumbered and amended to read:
5739          [78A-6-509].      80-4-303. Specific considerations when child is not in
5740     physical custody of parent.
5741          (1) If a child is not in the physical custody of the child's parent or parents, the juvenile
5742     court, in determining whether parental rights should be terminated, shall consider[, but is not
5743     limited to, the following]:
5744          (a) the physical, mental, or emotional condition and needs of the child and [his] the
5745     child's desires regarding the termination, if the juvenile court determines [he] the child is of
5746     sufficient capacity to express [his] the child's desires; [and]
5747          (b) the effort the child's parent or parents have made to adjust [their] the parent or
5748     parents circumstances, conduct, or conditions to make it in the child's best interest to return
5749     [him to his] the child to the child's home after a reasonable length of time, including [but not
5750     limited to]:
5751          (i) payment of a reasonable portion of substitute physical care and maintenance, if
5752     financially able;
5753          (ii) maintenance of regular parent-time or other contact with the child that was
5754     designed and carried out in a plan to reunite the child with the parent or parents; and
5755          (iii) maintenance of regular contact and communication with the custodian of the
5756     child[.]; and
5757          (c) any other factor that the juvenile court considers relevant in the determination of
5758     whether to terminate parental rights.
5759          (2) For purposes of this section, the juvenile court shall disregard incidental conduct,
5760     contributions, contacts, and communications.

5761          Section 108. Section 80-4-304, which is renumbered from Section 78A-6-510 is
5762     renumbered and amended to read:
5763          [78A-6-510].      80-4-304. Specific considerations when child is placed in
5764     foster home.
5765          If a child is in the custody of the division and has been placed and resides in a foster
5766     home and the division institutes proceedings under this [part] chapter regarding the child, with
5767     an ultimate goal of having the child's foster parent or parents adopt [him] the child, the juvenile
5768     court shall consider:
5769          (1) whether the child has become integrated into the foster family to the extent that
5770     [his] the child's familial identity is with [that family, and] the foster family;
5771          (2) whether the foster family is able and willing permanently to treat the child as a
5772     member of the family[. The court shall also consider, but is not limited to, the following:];
5773          [(1)] (3) the love, affection, and other emotional ties existing between the child and the
5774     parents, and the child's ties with the foster family;
5775          [(2)] (4) the capacity and disposition of the child's parents from whom the child was
5776     removed as compared with that of the foster family to give the child love, affection, and
5777     guidance and to continue the education of the child;
5778          [(3)] (5) the length of time the child has lived in a stable, satisfactory foster home and
5779     the desirability of [his] the child continuing to live in that environment;
5780          [(4)] (6) the permanence as a family unit of the foster family; and
5781          [(5)] (7) any other factor [considered by the court to be] that the juvenile court
5782     considers relevant to a particular placement of a child.
5783          Section 109. Section 80-4-305, which is renumbered from Section 78A-6-511 is
5784     renumbered and amended to read:
5785          [78A-6-511].      80-4-305. Court disposition of child upon termination of
5786     parental rights -- Posttermination reunification.
5787          (1) As used in this section, "relative" means:
5788          (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great
5789     uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child;
5790     and
5791          [(b) in the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25

5792     U.S.C. Sec. 1903, "relative" also means an "extended family member" as defined by that
5793     statute.]
5794          (b) in the case of a child who is an Indian child, an extended family member as defined
5795     in 25 U.S.C. Sec. 1903.
5796          (2) Upon entry of an order under this [part] chapter, the juvenile court may:
5797          (a) place the child in the legal custody and guardianship of a licensed child placement
5798     agency or the division for adoption; or
5799          (b) make any other disposition of the child authorized under Section [78A-6-117]
5800     80-3-405 .
5801          (3) Subject to the requirements of Subsections (4) and (5), all adoptable children
5802     placed in the custody of the division shall be placed for adoption.
5803          (4) If the parental rights of all parents of an adoptable child placed in the custody of the
5804     division have been terminated and a suitable adoptive placement is not already available, the
5805     juvenile court:
5806          (a) shall determine whether there is a relative who desires to adopt the child;
5807          (b) may order the division to conduct a reasonable search to determine whether there
5808     are relatives who are willing to adopt the child; and
5809          (c) shall, if a relative desires to adopt the child:
5810          (i) make a specific finding regarding the fitness of the relative to adopt the child; and
5811          (ii) place the child for adoption with that relative unless [it] the juvenile court finds that
5812     adoption by the relative is not in the best interest of the child.
5813          (5) This section does not guarantee that a relative will be permitted to adopt the child.
5814          (6) A parent whose rights were terminated under this [part] chapter, or a relative of the
5815     child, as defined by Section [78A-6-307] 80-3-102 , may petition for guardianship of the child
5816     if:
5817          (a) (i) following an adoptive placement, the child's adoptive parent returns the child to
5818     the custody of the division; or
5819          (ii) the child is in the custody of the division for one year following the day on which
5820     the parent's rights were terminated, and no permanent placement has been found or is likely to
5821     be found; and
5822          (b) reunification with the child's parent, or guardianship by the child's relative, is in the

5823     best interest of the child.
5824          Section 110. Section 80-4-306, which is renumbered from Section 78A-6-512 is
5825     renumbered and amended to read:
5826          [78A-6-512].      80-4-306. Review following termination.
5827          (1) At the conclusion of the hearing in which the juvenile court orders termination of
5828     [the parent-child relationship, the] parental rights, the juvenile court shall order that a review
5829     hearing be held within 90 days after the day on which [the parent-child relationship is] parental
5830     rights are terminated[,] if the child has not been permanently placed.
5831          (2) At [that] the review hearing[,] described in Subsection (1):
5832          (a) the agency or individual vested with custody of the child shall report to the juvenile
5833     court regarding the plan for permanent placement of the child[. The]; and
5834          (b) the guardian ad litem shall make recommendations to the juvenile court, based on
5835     an independent investigation, for disposition meeting the best interests of the child.
5836          (3) The juvenile court may order the agency or individual vested with custody of the
5837     child to report, at appropriate intervals, on the status of the child until the plan for permanent
5838     placement of the child [has been] is accomplished.
5839          Section 111. Section 80-4-307, which is renumbered from Section 78A-6-514 is
5840     renumbered and amended to read:
5841          [78A-6-514].      80-4-307. Voluntary relinquishment -- Irrevocable.
5842          [(1) Voluntary relinquishment or consent for termination of parental rights shall be
5843     signed or confirmed under oath either:]
5844          (1) The individual consenting to termination of parental rights or voluntarily
5845     relinquishing parental rights shall sign or confirm the consent or relinquishment under oath:
5846          (a) before a judge of any court that has jurisdiction over proceedings for termination of
5847     parental rights in this state or any other state, or a public officer appointed by that court for the
5848     purpose of taking consents or relinquishments; or
5849          (b) except as provided in Subsection (2), any person authorized to take consents or
5850     relinquishments under Subsections 78B-6-124(1) and (2).
5851          (2) Only the juvenile court is authorized to take consents or relinquishments from a
5852     parent who has any child who is in the custody of a state agency or who has a child who is
5853     otherwise under the jurisdiction of the juvenile court.

5854          (3) The court, appointed officer, or other authorized person shall certify to the best of
5855     that person's information and belief that the [person] individual executing the consent or
5856     relinquishment has read and understands the consent or relinquishment and has signed [it] the
5857     consent or relinquishment freely and voluntarily.
5858          (4) A voluntary relinquishment or consent for termination of parental rights is effective
5859     when [it] the voluntary relinquishment or consent is signed and may not be revoked.
5860          (5) (a) The requirements and processes described in [Sections 78A-6-503 through
5861     78A-6-510] Section 80-4-104, Sections 80-4-301 through 80-4-304, and Part 2, Petition for
5862     Termination of Parental Rights, do not apply to a voluntary relinquishment or consent for
5863     termination of parental rights.
5864          (b) [The] When determining voluntary relinquishment or consent for termination of
5865     parental rights, the juvenile court need only find that the relinquishment or termination is in the
5866     child's best interest.
5867          (6) (a) There is a presumption that voluntary relinquishment or consent for termination
5868     of parental rights is not in the child's best interest where it appears to the juvenile court that the
5869     primary purpose for relinquishment or consent for termination is to avoid a financial support
5870     obligation.
5871          (b) The presumption described in Subsection (6)(a) may be rebutted[, however,] if the
5872     juvenile court finds the relinquishment or consent to termination of parental rights will
5873     facilitate the establishment of stability and permanency for the child.
5874          (7) Upon granting a voluntary relinquishment the juvenile court may make orders
5875     relating to the child's care and welfare that the juvenile court considers to be in the child's best
5876     interest.
5877          Section 112. Section 80-4-401, which is renumbered from Section 78A-6-1403 is
5878     renumbered and amended to read:
5879     
Part 4. Restoration of Parental Rights

5880          [78A-6-1403].      80-4-401. Petition to restore parental rights -- Division
5881     duties.
5882          (1) A child, who is 12 years [of age] old or older, or an authorized representative acting
5883     on behalf of a child of any age, may file a petition to restore parental rights if:
5884          (a) 24 months have passed since the day on which the juvenile court ordered

5885     termination of [the parent-child legal relationship] the former parent's parental rights; and
5886          (b) the child:
5887          (i) has not been adopted and is not in an adoptive placement, or is unlikely to be
5888     adopted before the child is 18 years [of age] old; or
5889          (ii) was previously adopted following a termination of [a parent-child legal
5890     relationship] parental rights, but the adoption failed and the child was returned to the custody
5891     of the division.
5892          (2) The petition [described in Subsection (1)] to restore parental rights shall be:
5893          (a) filed in the juvenile court that previously terminated [the parent-child relationship]
5894     parental rights; and
5895          (b) served on the division.
5896          (3) The division shall notify and inform a child who is 12 years [of age or] old or older
5897     and who qualifies for restoration of parental rights under Subsection (1) that the child is
5898     eligible to file a petition [for restoration] to restore parental rights under this part.
5899          (4) Upon the receipt of a petition to restore parental rights, filed by a child or an
5900     authorized representative acting on behalf of a child, the division shall:
5901          (a) make a diligent effort to locate the former parent whose rights may be restored
5902     under this part; and
5903          (b) if the former parent is found, as described in Subsection (4)(a), notify the former
5904     parent of:
5905          (i) the legal effects of restoration; and
5906          (ii) the time and date of the hearing on the petition to restore parental rights.
5907          (5) The juvenile court shall set a hearing on the petition to restore parental rights at
5908     least 30 days, but no more than 60 days, after the day on which the petition to restore parental
5909     rights is filed with the juvenile court.
5910          (6) Before the hearing described in Subsection (5), the division may submit a
5911     confidential report to the juvenile court that includes the following information:
5912          (a) material changes in circumstances since the termination of parental rights;
5913          (b) a summary of the reasons why parental rights were terminated;
5914          (c) the date on which parental rights were terminated;
5915          (d) the willingness of the former parent to resume contact with the child and have

5916     parental rights restored;
5917          (e) the ability of the former parent to be involved in the life of the child and accept
5918     physical custody of, and responsibility for, the child; and
5919          (f) any other information the division reasonably considers appropriate and
5920     determinative.
5921          (7) (a) A former parent who remedies the circumstances that resulted in the termination
5922     of the former parent's parental rights and who is capable of exercising proper and effective
5923     parental care, shall notify the division that if the circumstances described in Subsection (1) are
5924     established, the former parent desires and requests to have the former parent's parental rights
5925     restored.
5926          (b) The former parent's request to the division shall be fully and fairly considered by
5927     the division for appropriate submittal to the court.
5928          Section 113. Section 80-4-402, which is renumbered from Section 78A-6-1404 is
5929     renumbered and amended to read:
5930          [78A-6-1404].      80-4-402. Hearing on petition to restore parental rights.
5931          (1) The juvenile court may restore [the parent-child legal relationship] a parent's
5932     parental rights if:
5933          (a) the child meets the requirements of Subsection [78A-6-1403] 80-4-401(1);
5934          (b) considering the age and maturity of the child, the child consents to the restoration;
5935          (c) the former parent consents to the restoration; and
5936          (d) the juvenile court finds by clear and convincing evidence that restoration is in the
5937     best interest of the child.
5938          (2) In determining whether reunification under this section is appropriate and in the
5939     best interest of the child, the juvenile court shall consider:
5940          (a) whether the former parent has been sufficiently rehabilitated from the behavior that
5941     resulted in the termination of [the parent-child relationship] parental rights;
5942          (b) extended family support for the former parent; and
5943          (c) other material changes of circumstances, if any, that may have occurred that warrant
5944     the granting of the motion.
5945          (3) At the hearing on a petition [described in Section 78A-6-1403] to restore parental
5946     rights, if the former parent consents and if the juvenile court finds by clear and convincing

5947     evidence that it is in the best interest of the child, the juvenile court may:
5948          (a) allow contact between the former parent and the child, and describe the conditions
5949     under which contact may take place;
5950          (b) order that the child be placed with the former parent, in a temporary custody and
5951     guardianship relationship, to be reevaluated after the child has been placed with the former
5952     parent for six months; or
5953          (c) restore the parental rights of the parent.
5954          (4) If the juvenile court orders the child to be placed in the physical custody of the
5955     former parent under Subsection (3), the juvenile court shall specify in the order:
5956          (a) whether that custody is subject to:
5957          (i) continued evaluation by the court; or
5958          (ii) the supervision of the division; and
5959          (b) the terms and conditions of reunification.
5960          Section 114. Section 80-5-101 is enacted to read:
5961     
CHAPTER 5. JUVENILE JUSTICE SERVICES

5962     
Part 1. Division of Juvenile Justice Services

5963          80-5-101. Title.
5964          This chapter is known as "Juvenile Justice Services."
5965          Section 115. Section 80-5-102 is enacted to read:
5966          80-5-102. Definitions.
5967          As used in this chapter:
5968          (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
5969     Section 80-5-302.
5970          (2) (a) "Adult" means an individual who is 18 years old or older.
5971          (b) "Adult" does not include a juvenile offender.
5972          (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
5973     1351.1.
5974          (4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
5975          (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
5976     in a manner consistent with public safety and the well-being of the juvenile offender and
5977     division employees.

5978          (6) "Director" means the director of the Division of Juvenile Justice Services.
5979          (7) "Discharge" means the same as that term is defined in Section 80-6-102.
5980          (8) "Division" means the Division of Juvenile Justice Services created in Section
5981     80-5-103.
5982          (9) "Homeless youth" means a child, other than an emancipated minor:
5983          (a) who is a runaway; or
5984          (b) who is:
5985          (i) not accompanied by the child's parent or guardian; and
5986          (ii) without care, as defined in Section 80-5-602.
5987          (10) "Observation and assessment program" means a nonresidential service program
5988     operated or purchased by the division that is responsible only for diagnostic assessment of
5989     minors, including for substance use disorder, mental health, psychological, and sexual behavior
5990     risk assessments.
5991          (11) "Performance based contracting" means a system of contracting with service
5992     providers for the provision of residential or nonresidential services that:
5993          (a) provides incentives for the implementation of evidence-based juvenile justice
5994     programs or programs rated as effective for reducing recidivism by a standardized tool in
5995     accordance with Section 63M-7-208; and
5996          (b) provides a premium rate allocation for a minor who receives the evidence-based
5997     dosage of treatment and successfully completes the program within three months.
5998          (12) "Rescission" means the same as that term is defined in Section 80-6-102.
5999          (13) "Restitution" means the same as that term is defined in Section 80-6-102.
6000          (14) "Revocation" means the same as that term is defined in Section 80-6-102.
6001          (15) "Temporary custody" means the same as that term is defined in Section 80-6-102.
6002          (16) "Temporary homeless youth shelter" means a facility that:
6003          (a) provides temporary shelter to homeless youth; and
6004          (b) is licensed by the Office of Licensing, created under Section 62A-1-105, as a
6005     residential support program.
6006          (17) "Termination" means the same as that term is defined in Section 80-6-102.
6007          (18) "Victim" means the same as that term is defined in Section 80-6-102.
6008          (19) "Work program" means a nonresidential public or private service work project

6009     established and administered by the division for juvenile offenders for the purpose of
6010     rehabilitation, education, and restitution to victims.
6011          (20) (a) "Youth services" means services provided in an effort to resolve family
6012     conflict:
6013          (i) for families in crisis when a minor is ungovernable or a runaway; or
6014          (ii) involving a minor and the minor's parent or guardian.
6015          (b) "Youth services" include efforts to:
6016          (i) resolve family conflict;
6017          (ii) maintain or reunite minors with the minors' families; and
6018          (iii) divert minors from entering or escalating in the juvenile justice system.
6019          (c) "Youth services" may provide:
6020          (i) crisis intervention;
6021          (ii) short-term shelter;
6022          (iii) time-out placement; and
6023          (iv) family counseling.
6024          (21) "Youth services center" means a center established by, or under contract with, the
6025     division to provide youth services.
6026          Section 116. Section 80-5-103, which is renumbered from Section 62A-7-102 is
6027     renumbered and amended to read:
6028          [62A-7-102].      80-5-103. Creation of division -- Jurisdiction.
6029          (1) There is created the Division of Juvenile Justice Services within the department[,].
6030          (2) The division shall be under the administration and supervision of the executive
6031     director of the department.
6032          [(2)] (3) The division has jurisdiction over all [youth committed to the division under
6033     Section 78A-6-117] minors committed to the division under Sections 80-6-703 and 80-6-705.
6034          Section 117. Section 80-5-104, which is renumbered from Section 62A-7-103 is
6035     renumbered and amended to read:
6036          [62A-7-103].      80-5-104. Division director -- Qualifications --
6037     Responsibility.
6038          [(1) The director of the division shall be appointed by the executive director.]
6039          (1) The executive director of the department shall appoint the director of the division.

6040          (2) The director shall have a bachelor's degree from an accredited university or college,
6041     be experienced in administration, and be knowledgeable in [youth corrections] juvenile justice.
6042          (3) The director is the administrative head of the division.
6043          Section 118. Section 80-5-201, which is renumbered from Section 62A-7-104 is
6044     renumbered and amended to read:
6045     
Part 2. Division Responsibilities

6046          [62A-7-104].      80-5-201. Division responsibilities.
6047          (1) The division is responsible for all [juvenile offenders] minors committed to the
6048     division by juvenile courts [for secure confinement or supervision and treatment in the
6049     community in accordance with Section 78A-6-117] under Sections 80-6-703 and 80-6-705.
6050          (2) The division shall:
6051          (a) establish and administer a continuum of community, secure, and nonsecure
6052     programs for all [juvenile offenders] minors committed to the division;
6053          (b) establish and maintain all detention and secure care facilities and set minimum
6054     standards for [those] all detention and secure care facilities;
6055          (c) establish and operate prevention and early intervention youth services programs for
6056     nonadjudicated [youth] minors placed with the division; [and]
6057          (d) establish observation and assessment programs necessary to serve [juvenile
6058     offenders] minors in a nonresidential setting under Subsection [78A-6-117(2)(e).] 80-6-706(1);
6059          [(3) The division shall]
6060          (e) place [juvenile offenders] minors committed to [it] the division under Section
6061     80-6-703 in the most appropriate program for supervision and treatment[.];
6062          [(4) (a) In an order committing a juvenile offender to the division, the court shall find
6063     whether the juvenile offender is being committed for secure confinement under Subsection
6064     78A-6-117(2)(c), or placement in a community-based program under Subsection
6065     78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d) underlying
6066     the commitment.]
6067          [(b) The division shall place a juvenile offender in the most appropriate program within
6068     the category specified by the court.]
6069          [(5) The division shall]
6070          (f) employ staff necessary to:

6071          [(a)] (i) supervise and control [juvenile offenders in secure facilities or in the
6072     community] minors committed to the division for secure care or placement in the community;
6073          [(b)] (ii) supervise and coordinate treatment of [juvenile offenders] minors committed
6074     to the division for placement in community-based programs; and
6075          [(c)] (iii) control and supervise adjudicated and nonadjudicated [youth] minors placed
6076     with the division for temporary services in juvenile receiving centers, youth services, and other
6077     programs established by the division[.];
6078          [(6) (a) Youth in the custody or temporary custody of the division are controlled or
6079     detained in a manner consistent with public safety and rules made by the division. In the event
6080     of an unauthorized leave from a secure facility, detention center, community-based program,
6081     receiving center, home, or any other designated placement, division employees have the
6082     authority and duty to locate and apprehend the youth, or to initiate action with local law
6083     enforcement agencies for assistance.]
6084          [(b) A rule made by the division under this Subsection (6) may not permit secure
6085     detention based solely on the existence of multiple status offenses, misdemeanors, or
6086     infractions alleged in the same criminal episode.]
6087          [(7) The division shall]
6088          (g) control or detain a minor committed to the division, or in the temporary custody of
6089     the division, in a manner that is consistent with public safety and rules made by the division;
6090          (h) establish and operate [compensatory-service] work programs for [juvenile
6091     offenders] minors committed to the division by the [court. The compensatory-service work
6092     program may not be residential and shall:] juvenile court that:
6093          (i) are not residential;
6094          [(a)] (ii) provide labor to help in the operation, repair, and maintenance of public
6095     facilities, parks, highways, and other programs designated by the division;
6096          [(b)] (iii) provide educational and prevocational programs in cooperation with the State
6097     Board of Education for [juvenile offenders] minors placed in the program; and
6098          [(c)] (iv) provide counseling to [juvenile offenders.] minors;
6099          [(8) The division shall]
6100          (i) establish minimum standards for the operation of all private residential and
6101     nonresidential rehabilitation facilities that provide services to [juveniles] minors who have

6102     committed [a delinquent act or infraction] an offense in this state or in any other state[.];
6103          [(9) The division shall]
6104          (j) provide regular training for [staff of secure facilities] secure care staff, detention
6105     staff, case management staff, and staff of the community-based programs[.];
6106          [(10) (a) The division is authorized to employ special function officers, as defined in
6107     Section 53-13-105, to locate and apprehend minors who have absconded from division
6108     custody, transport minors taken into custody pursuant to division policy, investigate cases, and
6109     carry out other duties as assigned by the division.]
6110          [(b) Special function officers may be employed through contract with the Department
6111     of Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the
6112     division.]
6113          [(11) The division shall]
6114          (k) designate employees to obtain the saliva DNA specimens required under Section
6115     53-10-403[. The division shall];
6116          (l) ensure that the designated employees receive appropriate training and that the
6117     specimens are obtained in accordance with accepted protocol[.];
6118          [(12) The division shall]
6119          (m) register an individual with the Department of Corrections who:
6120          [(a)] (i) is adjudicated [delinquent] for an offense listed in Subsection 77-41-102(17)(a)
6121     or 77-43-102(2);
6122          [(b)] (ii) is committed to the division for secure [confinement] care; and
6123          [(c) (i)] (iii) (A) if the individual is a youth offender, remains in the division's custody
6124     30 days before the individual's 21st birthday; or
6125          [(ii)] (B) if the individual is a serious youth offender, remains in the division's custody
6126     30 days before the individual's 25th birthday[.]; and
6127          [(13) The division shall]
6128          (n) ensure that a program delivered to a [juvenile offender] minor under this section is
6129     [evidence based] an evidence-based program in accordance with Section 63M-7-208.
6130          (3) (a) The division is authorized to employ special function officers, as defined in
6131     Section 53-13-105 to:
6132          (i) locate and apprehend minors who have absconded from division custody;

6133          (ii) transport minors taken into custody in accordance with division policy;
6134          (iii) investigate cases; and
6135          (iv) carry out other duties as assigned by the division.
6136          (b) A special function officer may be:
6137          (i) employed through a contract with the Department of Public Safety, or any law
6138     enforcement agency certified by the Peace Officer Standards and Training Division; or
6139          (ii) directly hired by the division.
6140          (4) In the event of an unauthorized leave from secure care, detention, a
6141     community-based program, a juvenile receiving center, a home, or any other designated
6142     placement of a minor, a division employee has the authority and duty to locate and apprehend
6143     the minor, or to initiate action with a local law enforcement agency for assistance.
6144          Section 119. Section 80-5-202 is enacted to read:
6145          80-5-202. Division rulemaking authority.
6146          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6147     division shall make rules:
6148          (a) establishing standards for the admission of a minor to detention;
6149          (b) that describe good behavior for which credit may be earned under Subsection
6150     80-6-704(4); and
6151          (c) that establish a formula, in consultation with the Office of the Legislative Fiscal
6152     Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
6153     Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
6154     with the division.
6155          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6156     division may make rules:
6157          (a) that govern the operation of prevention and early intervention programs, youth
6158     service programs, juvenile receiving centers, and other programs described in Section
6159     80-5-401; and
6160          (b) that govern the operation of detention and secure care facilities.
6161          (3) A rule made by the division under Subsection (1)(a):
6162          (a) may not permit secure detention based solely on the existence of multiple status
6163     offenses, misdemeanors, or infractions arising out of a single criminal episode; and

6164          (b) shall prioritize use of home detention for a minor who might otherwise be held in
6165     secure detention.
6166          Section 120. Section 80-5-203, which is renumbered from Section 78A-6-124 is
6167     renumbered and amended to read:
6168          [78A-6-124].      80-5-203. Detention risk assessment tool.
6169          (1) The [Division of Juvenile Justice Services] division, in conjunction with the
6170     Administrative Office of the Courts, shall develop or adopt, and validate on the Utah juvenile
6171     population, a statewide detention risk assessment tool.
6172          (2) (a) The [Division of Juvenile Justice Services] division shall administer the
6173     detention risk assessment tool for each [youth] minor under consideration for detention. [The
6174     detention risk assessment tool shall be administered by a designated individual who has
6175     completed training to conduct the detention risk assessment tool.]
6176          (b) A designated individual who has completed training to conduct the detention risk
6177     assessment tool shall administer the detention risk assessment tool.
6178          (3) The [Division of Juvenile Justice Services] division and the Administrative Office
6179     of the Courts shall establish a scoring system to inform eligibility for placement of a minor in a
6180     [juvenile] detention facility or for referral to an alternative to detention.
6181          Section 121. Section 80-5-204, which is renumbered from Section 62A-7-106.5 is
6182     renumbered and amended to read:
6183          [62A-7-106.5].      80-5-204. Annual review of programs and facilities.
6184          (1) (a) The division shall:
6185          (i) annually review all programs and facilities that provide services to [juveniles who
6186     have committed a delinquent act] minors who have committed an offense, in this state or in any
6187     other state, which would constitute a felony or misdemeanor if committed by an adult[,]; and
6188          (ii) license [those programs and facilities] all programs and facilities under Subsection
6189     (1)(a)(i) that are in compliance with standards established by the division .
6190          (b) The division shall provide [written reviews to the managers of those programs and
6191     facilities] a written review to the manager of a program or facility under Subsection (1)(a).
6192          [(b) Programs or facilities that are]
6193          (c) A program or facility that is unable or unwilling to comply with the standards
6194      established by the division may not be licensed.

6195          (2) Any private facility or program providing services under this chapter that willfully
6196     fails to comply with the standards established by the division is guilty of a class B
6197     misdemeanor.
6198          Section 122. Section 80-5-205, which is renumbered from Section 62A-7-107.5 is
6199     renumbered and amended to read:
6200          [62A-7-107.5].      80-5-205. Contracts with private providers.
6201          (1) This chapter does not prohibit the division from contracting with private providers
6202     or other agencies for:
6203          (a) the construction, operation, and maintenance of juvenile facilities; or
6204          (b) the provision of care, treatment, and supervision of [juvenile offenders] minors who
6205     have been committed to [the care of] the division.
6206          (2) All programs for the care, treatment, and supervision of [juvenile offenders] minors
6207     committed to the division shall be licensed in compliance with division standards within six
6208     months after commencing operation.
6209          (3) A contract for the care, treatment, and supervision of a [juvenile offender] minor
6210     committed to the division shall be executed in accordance with the performance-based
6211     contracting system developed under Section 63M-7-208.
6212          Section 123. Section 80-5-206, which is renumbered from Section 62A-7-108.5 is
6213     renumbered and amended to read:
6214          [62A-7-108.5].      80-5-206. Records -- Property of division.
6215          (1) All records maintained by programs that are under contract with the division to
6216     provide services to [juvenile offenders] minors, are the property of the division and shall be
6217     returned to the division when the [juvenile offender] minor is terminated from the program.
6218          (2) The division shall maintain an accurate audit trail of information provided to other
6219     programs or agencies regarding [juvenile offenders] minors under the division's jurisdiction.
6220          Section 124. Section 80-5-207, which is renumbered from Section 62A-7-109.5 is
6221     renumbered and amended to read:
6222          [62A-7-109.5].      80-5-207. Restitution by a minor committed to the division.
6223          (1) (a) The division shall make reasonable efforts to ensure that restitution is made to
6224     the victim of a [juvenile offender. Restitution] minor who is committed to the division.
6225          (b) Except as provided in Subsection (1)(c), restitution shall be made through the

6226     employment of [juvenile offenders] minors in work programs. [However, reimbursement]
6227          (c) Reimbursement to the victim of a [juvenile offender] minor is conditional upon the
6228     [juvenile offender's] minor's involvement in the work program.
6229          [(2) Restitution ordered by the court may be made a condition of release, placement, or
6230     parole by the division.]
6231          [(3)] (2) The division shall notify the juvenile court of all restitution paid to victims
6232     through the employment of [juvenile offenders in work programs] a minor, who is committed
6233     to the division, in a work program.
6234          Section 125. Section 80-5-208, which is renumbered from Section 62A-7-403 is
6235     renumbered and amended to read:
6236          [62A-7-403].      80-5-208. Care of pregnant minor in secure detention or
6237     secure care.
6238          (1) When a [juvenile offender in a secure facility] minor in secure detention or secure
6239     care is pregnant, the division shall:
6240          (a) ensure that adequate prenatal and postnatal care is provided[, and shall]; and
6241          (b) place the [juvenile offender] minor in an accredited hospital before delivery.
6242          (2) As soon as the [juvenile offender's] minor's condition after delivery will permit, the
6243     [juvenile offender may be returned to the secure facility] minor may be returned to:[.]
6244          [(2) If the division has concern regarding the juvenile offender's fitness to raise the
6245     juvenile offender's child, the division shall petition the juvenile court to hold a custody
6246     hearing.]
6247          (a) secure detention if the minor was placed in secure detention; or
6248          (b) secure care if the minor was committed to secure care.
6249          (3) If the division has concerns regarding the minor's fitness to raise the minor's child,
6250     the division shall make a referral for services for the minor and the minor's child to the
6251     Division of Child and Family Services.
6252          Section 126. Section 80-5-301, which is renumbered from Section 62A-7-104.5 is
6253     renumbered and amended to read:
6254     
Part 3. Funds and Accounts

6255          [62A-7-104.5].      80-5-301. Appropriation and funding of juvenile receiving
6256     centers.

6257          Funding for juvenile receiving centers and youth services programs under this part is
6258     intended to be broad based, be provided by an appropriation by the Legislature to the division,
6259     and include federal grant money, local government money, and private donations.
6260          Section 127. Section 80-5-302, which is renumbered from Section 62A-7-112 is
6261     renumbered and amended to read:
6262          [62A-7-112].      80-5-302. Juvenile Justice Reinvestment Restricted Account.
6263          (1) There is created in the General Fund a restricted account known as the "Juvenile
6264     Justice Reinvestment Restricted Account."
6265          (2) The account shall be funded by savings calculated from General Fund
6266     appropriations by the Division of Finance as described in Subsection (3).
6267          (3) At the end of the fiscal year, the Division of Finance shall:
6268          (a) use the formula established in [Subsection 62A-7-113(1)] Subsection
6269     80-5-202(1)(c) to calculate the savings from General Fund appropriations; and
6270          (b) lapse the calculated savings into the account.
6271          (4) Upon appropriation by the Legislature, the department may expend funds from the
6272     account:
6273          (a) for the statewide expansion of nonresidential community-based programs,
6274     including:
6275          (i) receiving centers;
6276          (ii) mobile crisis outreach teams [as defined in Section 78A-6-105];
6277          (iii) youth courts under Title 80, Chapter 6, Part 9, Youth Court; and
6278          (iv) victim-offender mediation under Section 80-6-304 and Subsection 80-6-710(7);
6279          (b) for nonresidential evidence-based programs and practices in cognitive, behavioral,
6280     and family therapy;
6281          (c) to implement:
6282          (i) nonresidential diagnostic assessment; and
6283          (ii) nonresidential early intervention programs, including family strengthening
6284     programs, family wraparound services, and truancy interventions; or
6285          (d) for infrastructure in nonresidential evidence-based juvenile justice programs,
6286     including staffing and transportation.
6287          Section 128. Section 80-5-303, which is renumbered from Section 62A-7-113 is

6288     renumbered and amended to read:
6289          [62A-7-113].      80-5-303. Report on the Juvenile Justice Reinvestment
6290     Restricted Account.
6291          [(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6292     the division shall make rules that establish a formula, in consultation with the Office of the
6293     Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017
6294     Laws of Utah, Chapter 330 resulting from the reduction in out-of-home placements for juvenile
6295     offenders with the division.]
6296          [(2)] No later than December 31 of each year, the division shall provide to the
6297     Executive Offices and Criminal Justice Appropriations Subcommittee a written report of the
6298     division's activities under [this section and Section 62A-7-112] Subsection 80-5-202(1)(c) and
6299     Section 80-5-302, including:
6300          [(a)] (1) for the report submitted in 2019, the formula used to calculate the savings
6301     from General Fund appropriations under Subsection [(1)] 80-5-202(1)(c);
6302          [(b)] (2) the amount of savings from General Fund appropriations calculated by the
6303     division for the previous fiscal year;
6304          [(c)] (3) an accounting of the money expended or committed to be expended under
6305     Subsection [62A-7-112] 80-5-302(4); and
6306          [(d)] (4) the balance of the account.
6307          Section 129. Section 80-5-401, which is renumbered from Section 62A-7-601 is
6308     renumbered and amended to read:
6309     
Part 4. Programs

6310          [62A-7-601].      80-5-401. Youth services for prevention and early
6311     intervention -- Program standards -- Program services.
6312          (1) The division shall establish and operate prevention and early intervention youth
6313     services programs.
6314          (2) The division shall adopt statewide policies and procedures, including minimum
6315     standards for the organization and operation of youth services programs.
6316          (3) The division shall establish housing, programs, and procedures to ensure that
6317     [youth] minors who are receiving services under this section and who are not [in the custody
6318     of] committed to the division are served separately from [youth who are in custody of the

6319     division] minors who are committed to the division.
6320          (4) The division may enter into contracts with state and local governmental entities and
6321     private providers to provide the youth services.
6322          (5) The division shall establish and administer juvenile receiving centers and other
6323     programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
6324     for nonadjudicated and adjudicated [youth] minors placed with the division.
6325          (6) The division shall prioritize use of evidence-based juvenile justice programs and
6326     practices.
6327          Section 130. Section 80-5-402, which is renumbered from Section 62A-7-701 is
6328     renumbered and amended to read:
6329          [62A-7-701].      80-5-402. Community-based programs.
6330          (1) (a) The division shall operate residential and nonresidential community-based
6331     programs to provide care, treatment, and supervision for [juvenile offenders] minors committed
6332     to the division by juvenile courts.
6333          (b) The division shall operate or contract for nonresidential community-based
6334     programs and independent living programs to provide care, treatment, and supervision of
6335     paroled juvenile offenders.
6336          (2) The division shall adopt minimum standards for the organization and operation of
6337     community-based [corrections] programs for [juvenile offenders] minors.
6338          (3) The division shall place [juvenile offenders] minors committed to the division for
6339     community-based programs in the most appropriate program based upon the division's
6340     evaluation of the [juvenile offender's] minor's needs and the division's available resources in
6341     accordance with Sections [62A-7-404.5 and 78A-6-117] 80-6-703 and 80-6-804.
6342          Section 131. Section 80-5-403, which is renumbered from Section 62A-7-702 is
6343     renumbered and amended to read:
6344          [62A-7-702].      80-5-403. Case management staff.
6345          (1) The division shall provide a sufficient number of case management staff members
6346     to provide care, treatment, and supervision for juvenile offenders on parole and for [juvenile
6347     offenders] minors committed to the division by the juvenile courts for community-based
6348     programs.
6349          (2) (a) Case management staff shall develop treatment programs for each [juvenile

6350     offender] minor in the community, provide appropriate services, and monitor individual
6351     progress.
6352          (b) Progress reports shall be filed every three months with:
6353          (i) the juvenile court for each [juvenile offender] minor committed to the division for
6354     community-based programs; and [with]
6355          (ii) the authority for each [parolee] juvenile offender on parole.
6356          (c) The authority, in the case of [parolees] juvenile offenders on parole, or the juvenile
6357     court, in the case of [youth] minors committed to the division for placement in community
6358     programs, shall be immediately notified, in writing, of any violation of law or of conditions of
6359     parole or placement.
6360          (3) Case management staff shall:
6361          (a) conduct investigations and make reports requested by [the courts] a juvenile court
6362     to aid [them] the juvenile court in determining appropriate case dispositions; and
6363          (b) conduct investigations and make reports requested by the authority to aid [it] the
6364     authority in making appropriate dispositions in cases of parole, revocation, and termination.
6365          Section 132. Section 80-5-501, which is renumbered from Section 62A-7-202 is
6366     renumbered and amended to read:
6367     
Part 5. Facilities

6368          [62A-7-202].      80-5-501. Detention facilities and services.
6369          (1) The division shall provide detention facilities and services in each county, or group
6370     of counties, as the population demands, in accordance with this chapter.
6371          (2) (a) The division is responsible for development, implementation, and
6372     administration of home detention services available in every judicial district[, and].
6373          (b) The division shall establish criteria for placement [on] in home detention.
6374          [(3) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
6375     Administrative Rulemaking Act, establishing standards for admission to secure detention and
6376     home detention programs.]
6377          [(b) The rules made under this Subsection (3) shall prioritize use of home detention for
6378     a minor who might otherwise be held in secure detention.]
6379          [(4)] (3) The division shall provide training regarding implementation of the rules
6380     made under Subsection 80-5-202(1)(a) to law enforcement agencies, division employees,

6381     juvenile court employees, and other affected agencies and individuals upon their request.
6382          Section 133. Section 80-5-502, which is renumbered from Section 62A-7-203 is
6383     renumbered and amended to read:
6384          [62A-7-203].      80-5-502. New detention facilities.
6385          (1) The division may issue requests for proposals to allow for the private construction
6386     of facilities suitable to meet the detention requirements of any county or group of counties,
6387     subject to approval by the governor.
6388          (2) The governor shall furnish an analysis of the benefits of the proposals received to
6389     the Infrastructure and General Government Appropriations Subcommittee for [its] the
6390     subcommittee's review.
6391          Section 134. Section 80-5-503, which is renumbered from Section 62A-7-401.5 is
6392     renumbered and amended to read:
6393          [62A-7-401.5].      80-5-503. Secure care facilities.
6394          (1) The division shall maintain and operate [secure facilities] secure care facilities for
6395     the custody and rehabilitation of juvenile offenders:
6396          (a) who pose a danger of serious bodily harm to others[,];
6397          (b) who cannot be controlled in a less secure setting[,]; or
6398          (c) who have engaged in a pattern of conduct characterized by persistent and serious
6399     criminal offenses [which] that, as demonstrated through the use of other alternatives, cannot be
6400     controlled in a less secure setting.
6401          (2) (a) The director shall appoint an administrator for each [secure facility] secure care
6402     facility.
6403          (b) An administrator of a secure care facility shall have experience in social work, law,
6404     criminology, corrections, or a related field, and [also] in administration.
6405          (3) (a) (i) The division, in cooperation with the State Board of Education, shall provide
6406     instruction, or make instruction available, to juvenile offenders in secure care facilities.
6407          (ii) The instruction shall be appropriate to the age, needs, and range of abilities of the
6408     juvenile offender.
6409          (b) [An assessment shall be made of] A secure care facility shall:
6410          (i) assess each juvenile offender [by the appropriate secure facility] to determine the
6411     juvenile offender's abilities, possible learning disabilities, interests, attitudes, and other

6412     attributes related to appropriate educational programs[.]; and
6413          [(c) Prevocational education shall be provided]
6414          (ii) provide prevocational education to juvenile offenders to acquaint juvenile
6415     offenders with vocations, and vocational requirements and opportunities.
6416          (4) The division shall place juvenile offenders who have been committed to the
6417     division for [secure confinement and rehabilitation in a secure facility] secure care in a secure
6418     care facility, operated by the division or by a private entity, that is appropriate to ensure that
6419     humane care and rehabilitation opportunities are afforded to the juvenile offender.
6420          (5) The division shall adopt standards, policies, and procedures for the regulation and
6421     operation of secure care facilities, consistent with state and federal law.
6422          Section 135. Section 80-5-601, which is renumbered from Section 62A-4a-501 is
6423     renumbered and amended to read:
6424     
Part 6. Runaways and Ungovernable Children

6425          [62A-4a-501].      80-5-601. Harboring a runaway -- Reporting requirements --
6426     Division of Child and Family Services to provide assistance -- Affirmative defense --
6427     Providing shelter after notice.
6428          [(1) As used in this section:]
6429          [(a) "Harbor" means to provide shelter in:]
6430          [(i) the home of the person who is providing the shelter; or]
6431          [(ii) any structure over which the person providing the shelter has any control.]
6432          [(b) "Homeless youth" means a child, other than an emancipated minor:]
6433          [(i) who is a runaway; or]
6434          [(ii) who is not accompanied by the child's parent or legal guardian.]
6435          [(c) "Receiving center" means the same as that term is defined in Section 62A-7-101.]
6436          [(d) "Runaway" means a child, other than an emancipated minor, who is absent from
6437     the home or lawfully prescribed residence of the child's parent or legal guardian without the
6438     permission of the parent or legal guardian.]
6439          [(e) "Temporary homeless youth shelter" means a facility that:]
6440          [(i) provides temporary shelter to a homeless youth; and]
6441          [(ii) is licensed by the Office of Licensing, created in Section 62A-1-105, as a
6442     residential support program.]

6443          [(f) "Youth services center" means a center established by, or under contract with, the
6444     Division of Juvenile Justice Services, created in Section 62A-1-105, to provide youth services,
6445     as defined in Section 62A-7-101.]
6446          (1) As used in this section, "harbor" means to provide shelter in:
6447          (a) the home of the person who is providing shelter; or
6448          (b) any structure over which the person providing the shelter has any control.
6449          (2) Except as provided in Subsection (3), a person[, including a temporary homeless
6450     youth shelter,] is guilty of a class B misdemeanor if the person:
6451          (a) knowingly and intentionally harbors a child;
6452          (b) knows at the time of harboring the child that the child is a runaway;
6453          (c) fails to notify one of the following, by telephone or other reasonable means, of the
6454     location of the child:
6455          (i) the parent or [legal] guardian of the child;
6456          (ii) the division; or
6457          (iii) a youth services center; and
6458          (d) fails to notify a person described in Subsection (2)(c) within eight hours after the
6459     later of:
6460          (i) the time that the person becomes aware that the child is a runaway; or
6461          (ii) the time that the person begins harboring the child.
6462          (3) A person described in Subsection (2)[, including a temporary homeless youth
6463     shelter,] is not guilty of a violation of Subsection (2) and is not required to comply with
6464     Subsections (2)(c) and (d), if:
6465          (a) (i) a court order is issued authorizing a peace officer to take the child into custody;
6466     and
6467          (ii) the person notifies a peace officer [or the nearest detention center, as defined in
6468     Section 62A-7-101], or the nearest detention facility, by telephone or other reasonable means,
6469     of the location of the child, within eight hours after the later of:
6470          (A) the time that the person becomes aware that the child is a runaway; or
6471          (B) the time that the person begins harboring the child; or
6472          (b) (i) the child is a runaway who consents to shelter, care, or licensed services under
6473     Section [62A-4a-502] 80-5-602; and

6474          (ii) (A) the person is unable to locate the child's parent or [legal] guardian; or
6475          (B) the child refuses to disclose the contact information for the child's parent or [legal]
6476     guardian.
6477          (4) A person described in Subsection (2)[, including a temporary homeless youth
6478     shelter,] shall provide a report to the division:
6479          (a) if the person has an obligation under Section 62A-4a-403 to report child abuse or
6480     neglect; or
6481          (b) if, within 48 hours after the person begins harboring the child:
6482          (i) the person continues to harbor the child; and
6483          (ii) the person does not make direct contact with:
6484          (A) a parent or legal guardian of the child;
6485          (B) the division;
6486          (C) a youth services center; or
6487          (D) a peace officer or the nearest [detention center, as defined in Section 62A-7-101,]
6488     detention facility if a court order is issued authorizing a peace officer to take the child into
6489     custody.
6490          (5) It is an affirmative defense to the crime described in Subsection (2) that:
6491          (a) the person failed to provide notice as described in Subsection (2) or (3) due to
6492     circumstances beyond the control of the person providing the shelter; and
6493          (b) the person provided the notice described in Subsection (2) or (3) as soon as it was
6494     reasonably practicable to provide the notice.
6495          (6) Upon receipt of a report that a runaway is being harbored by a person:
6496          (a) a youth services center shall:
6497          (i) notify the [parent or legal] runaway's parent or guardian that a report has been made;
6498     and
6499          (ii) inform the [parent or legal] runaway's parent or guardian of assistance available
6500     from the youth services center; or
6501          (b) the division shall:
6502          (i) make a referral to the Division of Child and Family Services to determine whether
6503     the runaway is abused, neglected, or dependent; and
6504          (ii) if appropriate, make a referral for services for the runaway.

6505          (7) (a) A parent or [legal] guardian of a runaway who is aware that the runaway is
6506     being harbored may notify a law enforcement agency and request assistance in retrieving the
6507     runaway.
6508          (b) The local law enforcement agency may assist the parent or [legal] guardian in
6509     retrieving the runaway.
6510          (8) Nothing in this section prohibits a person[, including a temporary homeless youth
6511     shelter,] from continuing to provide shelter to a runaway, after giving the notice described in
6512     Subsections (2) through (4), if:
6513          (a) a parent or [legal guardian of the child] guardian of the runaway consents to the
6514     continued provision of shelter; or
6515          (b) a peace officer or a parent or [legal guardian of the child] guardian of the runaway
6516     fails to retrieve the runaway.
6517          (9) Nothing in this section prohibits a person [or a temporary homeless youth shelter]
6518     from providing shelter to a child whose parent or [legal] guardian has intentionally:
6519          (a) ceased to maintain physical custody of the child; and
6520          (b) failed to make reasonable arrangements for the safety, care, and physical custody of
6521     the child.
6522          (10) Nothing in this section prohibits:
6523          (a) a juvenile receiving center or a youth services center from providing shelter to a
6524     runaway in accordance with the requirements of [Title 62A, Chapter 7, Juvenile Justice
6525     Services,] this chapter and the rules relating to a juvenile receiving center or a youth services
6526     center; or
6527          (b) a government agency from taking custody of a child as otherwise provided by law.
6528          Section 136. Section 80-5-602, which is renumbered from Section 62A-4a-502 is
6529     renumbered and amended to read:
6530          [62A-4a-502].      80-5-602. Homeless youth -- Consent to shelter, care, or
6531     services by a homeless youth.
6532          (1) As used in this section:
6533          (a) "Care" means providing:
6534          (i) assistance to obtain food, clothing, hygiene products, or other basic necessities;
6535          (ii) access to a bed, showering facility, or transportation; or

6536          (iii) assistance with school enrollment or attendance.
6537          [(b) "Homeless youth" means the same as that term is defined in Section 62A-4a-501.]
6538          [(c)] (b) "Licensed services" means a service provided by a temporary homeless youth
6539     shelter, a youth services center, or other facility that is licensed to provide the service to a
6540     homeless youth.
6541          [(d)] (c) "Service" means:
6542          (i) youth services[, as defined in Section 62A-7-101];
6543          (ii) child welfare or juvenile court case management or advocacy;
6544          (iii) aftercare services[, as defined in 45 C.F.R. 1351.1]; or
6545          (iv) independent living skills training.
6546          [(e) "Temporary homeless youth shelter" means the same as that term is defined in
6547     Section 62A-4a-501.]
6548          [(f) "Youth services center" means the same as that term is defined in Section
6549     62A-4a-501.]
6550          (2) A homeless youth may consent to temporary shelter, care, or licensed services if the
6551     homeless youth:
6552          (a) is at least 15 years old; and
6553          (b) manages the homeless youth's own financial affairs, regardless of the source of
6554     income.
6555          (3) In determining consent under Subsection (2), a person may rely on the homeless
6556     youth's verbal or written statement describing the homeless youth's ability to consent to
6557     temporary shelter, care, or licensed services.
6558          (4) A person who provides shelter, care, or licensed services to a homeless youth who
6559     consents to the shelter, care, or licensed services under Subsection (2):
6560          (a) shall report to the division as required under [Section 62A-4a-403 and] Subsection
6561     [62A-4a-501] 80-5-601(4); and
6562          (b) may provide the homeless youth a referral to safe permanent housing, employment
6563     services, medical or dental care, or counseling.
6564          Section 137. Section 80-5-603, which is renumbered from Section 78A-6-117.5 is
6565     renumbered and amended to read:
6566          [78A-6-117.5].      80-5-603. Assessment of an ungovernable or runaway child

6567     for services.
6568          [(1) Notwithstanding Subsections 78A-6-117(2)(c) and (d), the court may not vest
6569     custody in the Division of Child and Family Services except pursuant to Title 78A, Chapter 6,
6570     Part 3, Abuse, Neglect, and Dependency Proceedings.]
6571          [(2) Notwithstanding Section 78A-6-117, a court may not place a minor on a ranch,
6572     forestry camp, or other residential work program for care or work.]
6573          [(3) Notwithstanding Section 78A-6-117, a court may not commit a minor to the
6574     temporary custody of the Division of Juvenile Justice Services for residential observation and
6575     evaluation or residential observation and assessment.]
6576          [(4) (a) If the court]
6577          (1) If a juvenile court finds that a child is ungovernable or a runaway, [as those terms
6578     are defined in Section 62A-7-101,] or that the family is in crisis, the [court may order the
6579     Division of Juvenile Justice Services] juvenile court may order the division to conduct an
6580     assessment to determine [if provision of] whether it would be appropriate for the division to
6581     provide prevention and early intervention youth services, as described in Section [62A-7-601,
6582     is appropriate] 80-5-401, to the child.
6583          [(b)] (2) If the [Division of Juvenile Justice Services] division determines that
6584     provision of prevention and early intervention youth services is appropriate under Subsection
6585     [(4)(a), the Division of Juvenile Justice Services] (1), the division shall provide the services to
6586     the ungovernable or runaway child.
6587          Section 138. Section 80-5-701, which is renumbered from Section 62A-7-501 is
6588     renumbered and amended to read:
6589     
Part 7. Youth Parole Authority

6590          [62A-7-501].      80-5-701. Youth Parole Authority -- Creation -- Members.
6591          (1) There is created the Youth Parole Authority within the division.
6592          (2) (a) The authority is composed of 10 part-time members and five pro tempore
6593     members who are residents of this state.
6594          (b) No more than three pro tempore members may serve on the authority at any one
6595     time.
6596          [(b) Throughout this section, the term "member" refers to both part-time and pro
6597     tempore members of the Youth Parole Authority.]

6598          [(3) (a) Except as required by Subsection (3)(b), members shall be appointed to
6599     four-year terms by the governor with the advice and consent of the Senate.]
6600          [(b) The governor shall, at the time of appointment or reappointment, adjust the length
6601     of terms to ensure that the terms of authority members are staggered so that approximately half
6602     of the authority is appointed every two years.]
6603          [(4) Each member shall have training or experience in social work, law, juvenile or
6604     criminal justice, or related behavioral sciences.]
6605          [(5) When a vacancy occurs in the membership for any reason, the replacement
6606     member shall be appointed for the unexpired term.]
6607          [(6) During the tenure of the member's appointment, a member may not:]
6608          [(a) be an employee of the department, other than in the member's capacity as a
6609     member of the authority;]
6610          [(b) hold any public office;]
6611          [(c) hold any position in the state's juvenile justice system; or]
6612          [(d) be an employee, officer, advisor, policy board member, or subcontractor of any
6613     juvenile justice agency or its contractor.]
6614          [(7) In extraordinary circumstances or when a regular member is absent or otherwise
6615     unavailable, the chair may assign a pro tempore member to act in the absent member's place.]
6616          [(8) A member may not receive compensation or benefits for the member's service but
6617     may receive per diem and travel expenses in accordance with:]
6618          [(a) Section 63A-3-106;]
6619          [(b) Section 63A-3-107; and]
6620          [(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
6621     63A-3-107.]
6622          [(9) The authority shall determine appropriate parole dates for juvenile offenders in
6623     accordance with Section 62A-7-404.5.]
6624          [(10) A juvenile offender may be paroled to the juvenile offender's home, to an
6625     independent living program contracted or operated by the division, to an approved independent
6626     living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
6627     remain on parole until parole is terminated by the authority in accordance with Section
6628     62A-7-404.5.]

6629          [(11) The division's case management staff shall implement parole release plans and
6630     shall supervise juvenile offenders while on parole.]
6631          [(12) The division shall permit the authority to have reasonable access to juvenile
6632     offenders in secure facilities and shall furnish all pertinent data requested by the authority in
6633     matters of parole, revocation, and termination.]
6634          Section 139. Section 80-5-702 is enacted to read:
6635          80-5-702. Member qualifications -- Expenses.
6636          (1) As used in this section, "member" means both a part-time member and a pro
6637     tempore member of the authority.
6638          (2) (a) Except as required by Subsection (2)(b), the governor, with the advice and
6639     consent of the Senate, shall appoint members to four-year terms.
6640          (b) The governor shall, at the time of appointment or reappointment, adjust the length
6641     of terms to ensure that the terms of members are staggered so that approximately half of the
6642     authority is appointed every two years.
6643          (3) A member shall have training or experience in social work, law, juvenile or
6644     criminal justice, or related behavioral sciences.
6645          (4) When a vacancy occurs in the membership for any reason, the replacement member
6646     shall be appointed for the unexpired term.
6647          (5) During the tenure of the member's appointment, a member may not:
6648          (a) be an employee of the department, other than in the member's capacity as a member
6649     of the authority;
6650          (b) hold any public office;
6651          (c) hold any position in the state's juvenile justice system; or
6652          (d) be an employee, officer, advisor, policy board member, or subcontractor of any
6653     juvenile justice agency or the juvenile justice agency's contractor.
6654          (6) In extraordinary circumstances or when a regular member is absent or otherwise
6655     unavailable, the chair may assign a pro tempore member to act in the absent member's place.
6656          (7) A member may not receive compensation or benefits for the member's service but
6657     may receive per diem and travel expenses in accordance with:
6658          (a) Section 63A-3-106;
6659          (b) Section 63A-3-107; and

6660          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
6661     63A-3-107.
6662          Section 140. Section 80-5-703 is enacted to read:
6663          80-5-703. Authority responsibilities -- Administrative officer of the authority.
6664          (1) The authority is responsible for:
6665          (a) the release of a juvenile offender from secure care; and
6666          (b) the rescission, revocation, and termination of parole for a juvenile offender.
6667          (2) In accordance with Chapter 6, Part 8, Commitment and Parole, the authority shall:
6668          (a) determine when and under what conditions a juvenile offender in secure care is
6669     eligible for parole;
6670          (b) establish policies and procedures regarding:
6671          (i) the authority's governance, meetings, and hearings;
6672          (ii) the conduct of proceedings before the authority;
6673          (iii) the parole of a juvenile offender; and
6674          (iv) for which parole for a juvenile offender may be granted, rescinded, revoked,
6675     modified, and terminated; and
6676          (c) determine appropriate parole dates for juvenile offenders.
6677          (3) The division's case management staff shall:
6678          (a) implement plans for parole; and
6679          (b) supervise a juvenile offender on parole.
6680          (4) The division shall:
6681          (a) permit the authority to have reasonable access to a juvenile offender in secure care;
6682     and
6683          (b) furnish all pertinent data requested by the authority in matters of parole, revocation,
6684     and termination.
6685          (5) The director shall appoint an administrative officer of the authority.
6686          (6) The administrative officer is responsible for the day to day operations of the
6687     authority.
6688          (7) The authority and the administrative officer have power to:
6689          (a) issue subpoenas;
6690          (b) compel attendance of witnesses;

6691          (c) compel production of books, papers and other documents; and
6692          (d) administer oaths and take testimony under oath for the purposes of conducting the
6693     hearings.
6694          (8) The administrative officer shall maintain summary records of all hearings and
6695     provide written notice to the juvenile offender of a decision and the reason for the decision.
6696          Section 141. Section 80-6-101 is enacted to read:
6697     
CHAPTER 6. JUVENILE JUSTICE

6698          80-6-101. Title.
6699          This chapter is known as "Juvenile Justice."
6700          Section 142. Section 80-6-102 is enacted to read:
6701          80-6-102. Definitions.
6702          As used in this chapter:
6703          (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
6704     1351.1.
6705          (2) "Authority" means the Youth Parole Authority created in Section 80-5-701.
6706          (3) "Commission" means the State Commission on Criminal and Juvenile Justice
6707     created in Section 63M-7-201.
6708          (4) "Compensatory service" means service or unpaid work performed by a minor in
6709     lieu of the payment of a fine, fee, or restitution.
6710          (5) "Control" means the same as that term is defined in Section 80-5-102.
6711          (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine
6712     whether a minor should remain in detention.
6713          (7) "Detention guidelines" means standards, established by the division in accordance
6714     with Subsection 80-5-202(1)(a), for the admission of a minor to detention.
6715          (8) "Discharge" means a written order of the authority that removes a juvenile offender
6716     from the authority's jurisdiction.
6717          (9) "Division" means the Division of Juvenile Justice Services created in Section
6718     80-5-103.
6719          (10) "Formal referral" means a written report from a peace officer, or other person,
6720     informing the juvenile court that:
6721          (a) an offense committed by a minor is, or appears to be, within the juvenile court's

6722     jurisdiction; and
6723          (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting
6724     attorney.
6725          (11) "Material loss" means an uninsured:
6726          (a) property loss;
6727          (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
6728          (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
6729     police or prosecution; or
6730          (d) medical expense.
6731          (12) "Referral" means a formal referral, a referral to the juvenile court under Section
6732     53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under
6733     Section 80-6-302.
6734          (13) "Rescission" means a written order of the authority that rescinds a date for parole.
6735          (14) "Restitution" means money or services that the juvenile court, or a juvenile
6736     probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or
6737     render to a victim for the minor's wrongful act or conduct.
6738          (15) "Revocation" means a written order of the authority that, after a hearing and
6739     determination under Section 80-6-806:
6740          (a) terminates supervision of a juvenile offender's parole; and
6741          (b) directs a juvenile offender to return to secure care.
6742          (16) "Temporary custody" means the control and responsibility of a minor, before an
6743     adjudication under Section 80-6-701, until the minor is released to a parent, guardian,
6744     responsible adult, or to an appropriate agency.
6745          (17) "Termination" means a written order of the authority that terminates a juvenile
6746     offender from parole.
6747          (18) (a) "Victim" means a person that the juvenile court determines suffered a material
6748     loss as a result of a minor's wrongful act or conduct.
6749          (b) "Victim" includes:
6750          (i) any person directly harmed by the minor's wrongful act or conduct in the course of
6751     the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that
6752     involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and

6753          (ii) the Utah Office for Victims of Crime.
6754          (19) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
6755          (20) "Work program" means the same as that term is defined in Section 80-5-102.
6756          (21) "Youth services" means the same as that term is defined in Section 80-5-102.
6757          Section 143. Section 80-6-103 is enacted to read:
6758          80-6-103. Notification to a school -- Civil and criminal liability.
6759          (1) As used in this section:
6760          (a) "School official" means:
6761          (i) the school superintendent of the district in which the minor resides or attends
6762     school; or
6763          (ii) if there is no school superintendent for the school, the principal of the school where
6764     the minor attends.
6765          (b) "Transferee school official" means:
6766          (i) the school superintendent of the district in which the minor resides or attends school
6767     if the minor is admitted to home detention; or
6768          (ii) if there is no school superintendent for the school, the principal of the school where
6769     the minor attends if the minor is admitted to home detention.
6770          (2) A notification under this section is provided for a minor's supervision and student
6771     safety.
6772          (3) (a) (i) If a minor is taken into temporary custody under Section 80-6-201, or
6773     admitted to a detention facility under Section 80-6-205, for a violent felony, or an offense in
6774     violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or other person who has
6775     taken the minor into temporary custody, shall notify a school official as soon as practicable or
6776     as established under Subsection 53G-8-402(2).
6777          (ii) A notification under this section shall only disclose:
6778          (A) the name of the minor;
6779          (B) the offense for which the minor was taken into temporary custody or admitted to
6780     detention; and
6781          (C) if available, the name of the victim if the victim resides in the same school district
6782     as the minor or attends the same school as the minor.
6783          (b) After a detention hearing for a minor who is alleged to have committed a violent

6784     felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
6785     shall order that a school official, or a transferee school official, and the appropriate local law
6786     enforcement agency are notified of the juvenile court's decision, including any disposition,
6787     order, or no-contact order.
6788          (4) If a designated staff member of a detention facility admits a minor to home
6789     detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
6790     court shall order that a school official, or a transferee school official, and the appropriate local
6791     law enforcement agency are notified that the minor has been admitted to home detention.
6792          (5) (a) If the juvenile court adjudicates a minor for an offense of violence or an offense
6793     in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall order that a school
6794     official, or a transferee school official, is notified of the adjudication.
6795          (b) A notification under Subsection (5)(a) shall be given to a school official, or a
6796     transferee school official, within three days after the day on which the minor is adjudicated.
6797          (c) A notification under this section shall include:
6798          (i) the name of the minor;
6799          (ii) the offense for which the minor was adjudicated; and
6800          (iii) if available, the name of the victim if the victim:
6801          (A) resides in the same school district as the minor; or
6802          (B) attends the same school as the minor.
6803          (6) If the juvenile court orders probation under Section 80-6-702, the juvenile court
6804     may order that the appropriate local law enforcement agency and the school official are notified
6805     of the juvenile court's order for probation.
6806          (7) (a) An employee of the local law enforcement agency, or the school the minor
6807     attends, who discloses a notification under this section is not:
6808          (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
6809     provided in Section 63G-7-202; and
6810          (ii) civilly or criminally liable except when the disclosure constitutes a knowing
6811     violation of Section 63G-2-801.
6812          (b) An employee of a governmental agency is immune from any criminal liability for
6813     failing to provide the information required by this section, unless the employee fails to act due
6814     to malice, gross negligence, or deliberate indifference to the consequences.

6815          (8) (a) A notification under this section shall be classified as a protected record under
6816     Section 63G-2-305.
6817          (b) All other records of disclosures under this section are governed by Title 63G,
6818     Chapter 2, Government Records Access and Management Act, and the Family Educational
6819     Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
6820          Section 144. Section 80-6-201, which is renumbered from Section 78A-6-112 is
6821     renumbered and amended to read:
6822     
Part 2. Custody and Detention

6823          [78A-6-112].      80-6-201. Minor taken into temporary custody by peace
6824     officer, private citizen, or probation officer -- Grounds -- Protective custody.
6825          (1) A minor may be taken into temporary custody by a peace officer without a court
6826     order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe
6827     that:
6828          (a) the minor has committed an offense under municipal, state, or federal law;
6829          [(b) the minor has committed an act which if committed by an adult would be a
6830     felony;]
6831          [(c) the minor:]
6832          [(i) (A) is seriously endangered in the minor's surroundings; or]
6833          [(B) seriously endangers others; and]
6834          [(ii) immediate removal appears to be necessary for the minor's protection or the
6835     protection of others;]
6836          (b) the minor seriously endangers the minor's own welfare or the welfare of others and
6837     taking the minor into temporary custody appears to be necessary for the protection of the minor
6838     or others;
6839          [(d)] (c) the minor has run away or escaped from the minor's parents, guardian, or
6840     custodian; or
6841          [(e) that] (d) the minor is:
6842          (i) subject to the state's compulsory education law; and
6843          (ii) subject to Section 53G-6-208, absent from school without legitimate or valid
6844     excuse[, subject to Section 53G-6-208].
6845          (2) [(a)] A private citizen [or a probation officer] may take a minor into temporary

6846     custody if under the circumstances the private citizen [or probation officer] could make a
6847     citizen's arrest under Section 77-7-3 if the minor was an adult.
6848          [(b)] (3) A juvenile probation officer may take a minor into temporary custody:
6849          [(i)] (a) under the same circumstances as a peace officer in Subsection (1); or
6850          [(ii)] (b) if the juvenile probation officer has a reasonable suspicion that the minor has
6851     violated the conditions of the minor's probation[;].
6852          [(iii) if the minor is under the continuing jurisdiction of the juvenile court; or]
6853          [(iv) in emergency situations in which a peace officer is not immediately available.]
6854          [(3) (a) (i) If an officer or other person takes a minor into temporary custody under
6855     Subsection (1) or (2), the officer or person shall, without unnecessary delay, notify the parents,
6856     guardian, or custodian.]
6857          [(ii) The minor shall then be released to the care of the minor's parent or other
6858     responsible adult, unless the minor's immediate welfare or the protection of the community
6859     requires the minor's detention.]
6860          [(b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
6861     under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
6862     violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
6863     taking the minor into custody shall, as soon as practicable or as established under Subsection
6864     53G-8-402(2), notify the school superintendent of the district in which the minor resides or
6865     attends school for the purposes of the minor's supervision and student safety.]
6866          [(i) The notice shall disclose only:]
6867          [(A) the name of the minor;]
6868          [(B) the offense for which the minor was taken into custody or detention; and]
6869          [(C) if available, the name of the victim, if the victim:]
6870          [(I) resides in the same school district as the minor; or]
6871          [(II) attends the same school as the minor.]
6872          [(ii) The notice shall be classified as a protected record under Section 63G-2-305.]
6873          [(iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
6874     Records Access and Management Act, and the federal Family Educational Rights and Privacy
6875     Act.]
6876          [(c) Employees of a governmental agency are immune from any criminal liability for

6877     providing or failing to provide the information required by this section unless the person acts or
6878     fails to act due to malice, gross negligence, or deliberate indifference to the consequences.]
6879          [(d) Before the minor is released, the parent or other person to whom the minor is
6880     released shall be required to sign a written promise on forms supplied by the court to bring the
6881     minor to the court at a time set or to be set by the court.]
6882          [(4) (a) A child may not be held in temporary custody by law enforcement any longer
6883     than is reasonably necessary to obtain the child's name, age, residence, and other necessary
6884     information and to contact the child's parents, guardian, or custodian.]
6885          [(b) If the minor is not released under Subsection (3), the minor shall be taken to a
6886     place of detention or shelter without unnecessary delay.]
6887          [(5) (a) The person who takes a minor to a detention or shelter facility shall promptly
6888     file with the detention or shelter facility a written report on a form provided by the division
6889     stating:]
6890          [(i) the details of the presently alleged offense;]
6891          [(ii) the facts that bring the minor within the jurisdiction of the juvenile court;]
6892          [(iii) the reason the minor was not released by law enforcement; and]
6893          [(iv) the eligibility of the minor under the division guidelines for detention admissions
6894     established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
6895     is under consideration for detention.]
6896          [(b) (i) The designated facility staff person shall immediately review the form and
6897     determine, based on the guidelines for detention admissions established by the Division of
6898     Juvenile Justice Services under Section 62A-7-202, the results of the detention risk assessment,
6899     and the criteria for detention eligibility under Section 78A-6-113, whether to:]
6900          [(A) admit the minor to secure detention;]
6901          [(B) admit the minor to home detention;]
6902          [(C) place the minor in another alternative to detention; or]
6903          [(D) return the minor home upon written promise to bring the minor to the court at a
6904     time set, or without restriction.]
6905          [(ii) If the designated facility staff person determines to admit the minor to home
6906     detention, that staff person shall notify the juvenile court of that determination. The court shall
6907     order that notice be provided to the designated persons in the local law enforcement agency and

6908     the school or transferee school, if applicable, which the minor attends of the home detention.
6909     The designated persons may receive the information for purposes of the minor's supervision
6910     and student safety.]
6911          [(iii) Any employee of the local law enforcement agency and the school that the minor
6912     attends who discloses the notification of home detention is not:]
6913          [(A) civilly liable except when disclosure constitutes fraud or willful misconduct as
6914     provided in Section 63G-7-202; and]
6915          [(B) civilly or criminally liable except when disclosure constitutes a knowing violation
6916     of Section 63G-2-801.]
6917          [(iv) The person who takes a minor to a detention facility or the designated facility staff
6918     person may release a minor to a less restrictive alternative even if the minor is eligible for
6919     secure detention under this Subsection (5).]
6920          [(c) A minor may not be admitted to detention unless:]
6921          [(i) the minor is detainable based on the guidelines; or]
6922          [(ii) the minor has been brought to detention in accordance with:]
6923          [(A) a judicial order; or]
6924          [(B) a division warrant in accordance with Section 62A-7-504.]
6925          [(d) If a minor taken to detention does not qualify for admission under the guidelines
6926     established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
6927     (4) and this Subsection (5), detention staff shall arrange an appropriate alternative.]
6928          [(e) If a minor is taken into custody and admitted to a secure detention or shelter
6929     facility, facility staff shall:]
6930          [(i) immediately notify the minor's parents, guardian, or custodian; and]
6931          [(ii) promptly notify the court of the placement.]
6932          [(f) If the minor is admitted to a secure detention or shelter facility outside the county
6933     of the minor's residence and it is determined in the hearing held under Subsection
6934     78A-6-113(3) that detention shall continue, the judge or commissioner shall direct the sheriff
6935     of the county of the minor's residence to transport the minor to a detention or shelter facility as
6936     provided in this section.]
6937          [(6) An individual may be taken into custody by a peace officer without a court order:]
6938          [(a) if the individual is in apparent violation of a protective order; or]

6939          [(b) if there is reason to believe that a child is being abused by the individual and any
6940     of the situations described in Section 77-7-2 exist.]
6941          (4) (a) Nothing in this part shall be construed to prevent a peace officer or the Division
6942     of Child and Family Services from taking a minor into protective custody under Section
6943     62A-4a-202.1 or 80-3-204.
6944          (b) If a peace officer or the Division of Child and Family Services takes a minor into
6945     protective custody, the provisions of Chapter 3, Abuse, Neglect, and Dependency Proceedings,
6946     and Title 62A, Chapter 4a, Child and Family Services, shall govern.
6947          Section 145. Section 80-6-202, which is renumbered from Section 78A-6-106.5 is
6948     renumbered and amended to read:
6949          [78A-6-106.5].      80-6-202. Warrants for minors.
6950          (1) (a) Except as otherwise provided in this section, after a petition is filed under
6951     Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue
6952     a warrant for a minor to be taken into temporary custody if:
6953          (i) there is probable cause to believe that:
6954          (A) the minor has committed an offense that would be a felony if committed by an
6955     adult;
6956          (B) the minor has failed to appear after the minor or the minor's parent, guardian, or
6957     custodian has been legally served with a summons in accordance with Section 78A-6-351 and
6958     the Utah Rules of Juvenile Procedure;
6959          (C) there is a substantial likelihood the minor will not respond to a summons;
6960          (D) a summons cannot be served and the minor's present whereabouts are unknown;
6961          (E) serving a summons for the minor will be ineffectual;
6962          (F) the minor seriously endangers others or the public and temporary custody appears
6963     to be necessary for the protection of others or the public; or
6964          (G) the minor is a runaway or has escaped from the minor's parent, guardian, or
6965     custodian; or
6966          (ii) the minor is under the continuing jurisdiction of the juvenile court and there is
6967     probable cause to believe that the minor:
6968          (A) has left the custody of the person or agency vested by a court with legal custody, or
6969     guardianship of the minor, without permission; or

6970          (B) has violated a court order.
6971          (b) A warrant issued under this Subsection (1) shall be:
6972          (i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and
6973          (ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made.
6974          [(1) Except as otherwise provided in this section, a]
6975          (2) A juvenile court may not issue a warrant [of arrest] for a minor to be taken into
6976     temporary custody for:
6977          (a) a status offense; or
6978          (b) an infraction.
6979          [(2) A] (3) (a) For a minor not eligible for a warrant under Subsection (2), a juvenile
6980     court may issue a warrant that directs [the] a minor to be returned home, to the juvenile court,
6981     or to a shelter or other nonsecure facility [for a minor not eligible for a warrant under
6982     Subsection (1). A warrant under this Subsection (2) may not direct placement in a secure
6983     facility, including secure detention].
6984          (b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure
6985     detention.
6986          [(3)] (4) Subsection [(1)] (2) does not apply to a minor who is under Title 55, Chapter
6987     12, Interstate Compact for Juveniles.
6988          Section 146. Section 80-6-203 is enacted to read:
6989          80-6-203. Temporary custody of a minor -- Notification of a child's parent,
6990     guardian, or custodian -- Taking a minor to a detention facility.
6991          (1) (a) Except as provided in Subsection (3), if a peace officer, or other person, takes a
6992     child into temporary custody under Section 80-6-201, the peace officer, or other person, may
6993     not take the child into temporary custody for any longer than is reasonably necessary to:
6994          (i) obtain the child's name, age, residence, and other necessary information;
6995          (ii) contact the child's parent, guardian, or custodian; and
6996          (iii) release the child to the child's parent, guardian, or custodian.
6997          (b) Before a child is released under Subsection (1)(a), the parent, or other person to
6998     whom the child is released, shall sign a written promise on forms supplied by the juvenile court
6999     to bring the child to the juvenile court at a time set or to be set by the court.
7000          (2) Except as provided in Subsection (3), if a peace officer, or other person, takes a

7001     minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace
7002     officer, or other person, may not take the minor into temporary custody for any longer than is
7003     reasonably necessary to obtain the minor's name, age, residence, and other necessary
7004     information.
7005          (3) (a) A minor may remain in the temporary custody of a peace officer or other person
7006     if:
7007          (i) the protection of the community requires the minor's detention; or
7008          (ii) a warrant has been issued for the minor's arrest under Section 80-6-202 or
7009     80-6-806.
7010          (b) If a minor remains in temporary custody, the minor shall be taken to a detention
7011     facility without unnecessary delay.
7012          (c) If the peace officer, or other person, takes a minor to a detention facility, the peace
7013     officer, or other person, shall promptly file a written report, on a form provided by the division,
7014     with the detention facility stating:
7015          (i) the details of the offense that the minor is alleged to have committed;
7016          (ii) the facts that bring the offense within the jurisdiction of the juvenile court;
7017          (iii) the reason that the minor was not released by the peace officer or other person; and
7018          (iv) if the minor is under consideration for detention, the eligibility of the minor for
7019     detention under the detention guidelines.
7020          Section 147. Section 80-6-204, which is renumbered from Section 62A-7-201 is
7021     renumbered and amended to read:
7022          [62A-7-201].      80-6-204. Detention or confinement of a minor --
7023     Restrictions.
7024          (1) Except as provided in Subsection (2) or [by another statute] this chapter , if a child
7025     is apprehended by [an] a peace officer, or brought before a court for examination under state
7026     law, the child may not be confined:
7027          (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
7028          (b) in [a secure facility operated by the division] secure care .
7029          (2) (a) The division shall detain a child in accordance with Sections [78A-6-703.2,
7030     78A-6-703.5, and 78A-6-703.6] 80-6-502, 80-6-504, and 80-6-505 if:
7031          (i) the child is charged with an offense under Section [78A-6-703.2 or 78A-6-703.3]

7032     80-6-502 or 80-6-503;
7033          (ii) the district court has obtained jurisdiction over the offense because the child is
7034     bound over to the district court under Section [78A-6-703.5] 80-6-504; and
7035          (iii) the juvenile or district court orders the detention of the child.
7036          (b) (i) If a child is detained before a detention hearing [under Subsection 78A-6-113(3)
7037     or Section 78A-6-703.5], or a preliminary hearing under Section 80-6-504 if a criminal
7038     information is filed for the child under Section 80-6-503, the child may only be held in certified
7039     juvenile detention accommodations in accordance with rules made by the commission.
7040          (ii) The commission's rules shall include rules for acceptable sight and sound
7041     separation from adult inmates.
7042          (iii) The commission shall certify that a correctional facility is in compliance with the
7043     commission's rules.
7044          (iv) This Subsection (2)(b) does not apply to a child held in [an adult detention facility]
7045     a correctional facility in accordance with Subsection (2)(a).
7046          (3) (a) In an area of low density population, the commission may, by rule, approve a
7047     juvenile detention accommodation within a correctional facility that has acceptable sight and
7048     sound separation.
7049          (b) An accommodation described in Subsection (3)(a) shall be used only:
7050          (i) for short-term holding of a child who is alleged to have committed an act that would
7051     be a criminal offense if committed by an adult; and
7052          (ii) for a maximum confinement period of six hours.
7053          (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
7054          (i) identification;
7055          (ii) notification of a juvenile court official;
7056          (iii) processing; and
7057          (iv) allowance of adequate time for evaluation of needs and circumstances regarding
7058     the release or transfer of the child to a shelter or detention facility.
7059          (d) This Subsection (3) does not apply to a child held in a correctional facility in
7060     accordance with Subsection (2)(a).
7061          (4) (a) If a child is alleged to have committed an act that would be a criminal offense if
7062     committed by an adult, the child may be detained in a holding room in a local law enforcement

7063     agency facility:
7064          (i) for a maximum of two hours; and
7065          (ii) (A) for identification or interrogation; or
7066          (B) while awaiting release to a parent or other responsible adult.
7067          (b) A holding room described in Subsection (4)(a) shall be certified by the commission
7068     in accordance with the commission's rules.
7069          (c) The commission's rules shall include provisions for constant supervision and for
7070     sight and sound separation from adult inmates.
7071          (5) Willful failure to comply with this section is a class B misdemeanor.
7072          (6) (a) The division is responsible for the custody and detention of:
7073          (i) a child who requires [detention care] detention before trial or examination, [or is
7074     awaiting assignment to a home or facility, as a dispositional placement under Subsection
7075     78A-6-117(2)(f)(i)] or is placed in secure detention after an adjudication under Section
7076     80-6-704; and
7077          (ii) a juvenile offender under Subsection [62A-7-504(9)] 80-6-806(7).
7078          (b) Subsection (6)(a) does not apply to a child held in a correctional facility in
7079     accordance with Subsection (2)(a).
7080          (c) (i) The commission shall provide standards for custody or detention under
7081     Subsections (2)(b), (3), and (4).
7082          (ii) The division shall determine and set standards for conditions of care and
7083     confinement of children in detention facilities.
7084          (d) (i) The division, or a public or private agency willing to undertake temporary
7085     custody or detention upon agreed terms in a contract with the division, shall provide all other
7086     custody or detention in suitable premises distinct and separate from the general jails, lockups,
7087     or cells used in law enforcement and corrections systems.
7088          (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in
7089     accordance with Subsection (2)(a).
7090          (7) Except as otherwise provided by this chapter, if an individual who is, or appears to
7091     be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official,
7092     in charge of the correctional facility shall:
7093          (a) immediately notify the juvenile court of the individual; and

7094          (b) make arrangements for the transfer of the individual to a detention facility, unless
7095     otherwise ordered by the juvenile court.
7096          Section 148. Section 80-6-205 is enacted to read:
7097          80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor
7098     in detention.
7099          (1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff
7100     member of the detention facility shall immediately review the form and determine, based on
7101     the results of the detention risk assessment tool and Subsection (2), whether to:
7102          (a) admit the minor to secure detention;
7103          (b) admit the minor to home detention;
7104          (c) place the minor in another alternative to detention; or
7105          (d) if the minor is a child, return the minor home upon a written promise by the minor's
7106     parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without
7107     restriction.
7108          (2) A minor may not be admitted to detention unless:
7109          (a) the minor is detainable based on the detention guidelines; or
7110          (b) the minor has been brought to detention in accordance with:
7111          (i) a court order;
7112          (ii) a warrant in accordance with Section 80-6-202; or
7113          (iii) a division warrant in accordance with Section 80-6-806.
7114          (3) If the designated staff member determines to admit a minor to home detention, the
7115     staff member shall notify the juvenile court of that determination.
7116          (4) Even if a minor is eligible for secure detention, a peace officer or other person who
7117     takes a minor to a detention facility, or the designated staff member of the detention facility,
7118     may release a minor to a less restrictive alternative than secure detention.
7119          (5) (a) If a minor taken to a detention facility does not qualify for admission under
7120     detention guidelines or this section, a designated staff member of the detention facility shall
7121     arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or
7122     a shelter facility.
7123          (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept
7124     in secure detention while court proceedings are pending.

7125          (ii) A child may not be placed or kept in a shelter facility while court proceedings are
7126     pending, unless the child is in protective custody in accordance with Chapter 3, Abuse,
7127     Neglect, and Dependency Proceedings.
7128          (6) If a minor is taken into temporary custody and admitted to a secure detention, or
7129     another alternative to detention, a designated staff member of the detention facility shall:
7130          (a) immediately notify the minor's parent, guardian, or custodian; and
7131          (b) promptly notify the juvenile court of the placement.
7132          (7) If a minor is admitted to secure detention, or another alternative to detention,
7133     outside the county of the minor's residence and a juvenile court determines, in a detention
7134     hearing, that secure detention, or an alternative to detention, of the minor shall continue, the
7135     juvenile court shall direct the sheriff of the county of the minor's residence to transport the
7136     minor to secure detention or another alternative to detention in that county.
7137          (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
7138          (i) phone the minor's parent, guardian, or attorney immediately after the minor is
7139     admitted to detention; and
7140          (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
7141     custodian.
7142          (b) The division may:
7143          (i) establish a schedule for which a minor in detention may visit or phone a person
7144     described in Subsection (8)(a);
7145          (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in
7146     special circumstances;
7147          (iii) limit the number and length of calls and visits for a minor in detention to persons
7148     described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
7149          (iv) limit the minor's rights under Subsection (8)(a) if a compelling reason exists to
7150     limit the minor's rights.
7151          Section 149. Section 80-6-206 is enacted to read:
7152          80-6-206. Interview of a child in detention.
7153          (1) If a child is admitted to a detention facility, a juvenile probation officer, or a staff
7154     member at the detention facility, may interview the child regarding an offense the child is
7155     alleged to have committed without the child's parent, guardian, or custodian present.

7156          (2) Except as provided in Subsection (1), a person may not interview a child, who is
7157     under 14 years old and admitted to a detention facility, regarding an offense the child is alleged
7158     to have committed, without the child's parent, guardian, or custodian present at the interview,
7159     unless:
7160          (a) the parent, guardian, or custodian has given written permission for the interview to
7161     be held outside the presence of the parent, guardian, or custodian;
7162          (b) the parent, guardian, or custodian has been advised of the child's rights under
7163     Section 80-6-603 and has knowingly and voluntarily waived the child's right under Subsection
7164     80-6-603(9); and
7165          (c) the child has been advised of the child's rights under Section 80-6-603 and has
7166     knowingly and voluntarily waived the child's right under Subsection 80-6-603(9).
7167          (3) A person may not interview a minor who is 14 years old or older and admitted to a
7168     detention facility regarding an offense the minor is alleged to have committed without the
7169     consent of the minor or the minor's parent, guardian, or custodian, unless:
7170          (a) the minor has been advised of the minor's rights under Section 80-6-603; and
7171          (b) the minor has knowingly and voluntarily waived the minor's right under Subsection
7172     80-6-603(9).
7173          (4) If a child's parent, guardian, or custodian is not available to consent to an interview
7174     of a child in a detention facility, the consent of the juvenile court shall be obtained before
7175     interviewing the child.
7176          (5) If an guardian ad litem is appointed for a minor, the division may not consent to the
7177     interview of the minor by a law enforcement officer, unless consent for the interview is
7178     obtained from the minor's guardian ad litem.
7179          Section 150. Section 80-6-207, which is renumbered from Section 78A-6-113 is
7180     renumbered and amended to read:
7181          [78A-6-113].      80-6-207. Detention hearings -- Period of detention -- Bail.
7182          [(1) (a) A minor may not be placed or kept in a secure detention facility pending court
7183     proceedings, except in accordance with Section 78A-6-112.]
7184          [(b) A child may not be placed or kept in a shelter facility pending court proceedings
7185     unless it is unsafe to leave the child with the child's parents, guardian, or custodian.]
7186          [(2)] (1) (a) After admission of a child to a detention facility [pursuant to Section

7187     78A-6-112] under Section 80-6-205 and immediate investigation by [an authorized officer of
7188     the court] a juvenile probation officer, the [judge or the officer] juvenile court or the juvenile
7189     probation officer shall order the release of the child to the child's parent, guardian, or custodian
7190     if the [judge or] juvenile court or the juvenile probation officer finds that the child can be safely
7191     returned to the parent's, the guardian's, or the custodian's care, [either] upon written promise to
7192     bring the child to the juvenile court at a time set or without restriction.
7193          (b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention
7194     facility within 24 hours after notification of release, the parent, guardian, or custodian is
7195     responsible for the cost of care for the time the child remains in the detention facility in
7196     accordance with Section 78A-6-356.
7197          (c) The detention facility shall determine the cost of care.
7198          (d) Any money collected under this Subsection [(2)] (1) shall be retained by the
7199     [Division of Juvenile Justice Services] division to recover the cost of care for the time the child
7200     remains in the facility.
7201          [(3)] (2) (a) When a child is [detained in] admitted to a detention [or shelter] facility,
7202     the [parents or] child's parent, guardian, or custodian shall be informed by the [person]
7203     individual in charge of the detention facility that the parent's [or], the guardian's, or the
7204     custodian's child has the right to a prompt hearing in a juvenile court to determine whether the
7205     child is to be further detained or released.
7206          (b) [When a minor is detained in] If a minor is admitted to a detention facility, the
7207     minor shall be informed by the person in charge of the facility that the minor has the right to a
7208     prompt hearing in a juvenile court to determine whether the minor is to be further detained or
7209     released.
7210          [(c) Detention hearings shall be held by the judge or by a commissioner.]
7211          [(d)] (3) (a) The juvenile court may, at any time, order the release of the minor, from
7212     detention, regardless of whether a detention hearing is held or not.
7213          [(e)] (b) If a child is released, and the child remains in the detention facility, because
7214     the [parents] child's parents, guardian, or custodian fails to retrieve the child, the [parents]
7215     parent, guardian, or custodian shall be responsible for the cost of care as provided in
7216     Subsections [(2)] (1)(b), (c), and (d) in accordance with Section 78A-6-356.
7217          (4) (a) As used in this Subsection (4), "arrest" means being apprehended, detained,

7218     taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or
7219     restrained by a peace officer or other person due to an accusation or suspicion that the minor
7220     committed an offense.
7221          (b) A minor may not be held in a detention facility longer than 24 hours, unless a
7222     juvenile court determines that there is probable cause for the minor's arrest.
7223          (5) (a) A detention hearing under this section shall be held by a juvenile court judge or
7224     commissioner.
7225          (b) [The court] A juvenile court shall hold a detention hearing within 48 hours of the
7226     minor's [arrest] admission to a detention facility, excluding weekends and holidays, to
7227     determine whether the minor should:
7228          (i) remain in detention in accordance with Subsection [(4)(f)] (8);
7229          (ii) be released to a parent or guardian; or
7230          (iii) be placed in any other party's custody as authorized by statute.
7231          [(c)] (6) The probable cause determination under Subsection (4)[(a)] and the detention
7232     hearing under Subsection [(4)(b)] (5) may occur at the same time if the probable cause
7233     determination and the detention hearing occur within the time [frames] frame under Subsection
7234     (4)[(a) and (4)(b)].
7235          [(d) A child may not be held in a shelter facility longer than 48 hours before a shelter
7236     hearing, excluding weekends and holidays, unless a court order for extended shelter has been
7237     entered by the court after notice to all parties described in Section 78A-6-306.]
7238          [(e) (i) A hearing for detention or shelter]
7239          (7) (a) A detention hearing may not be waived.
7240          [(ii) Detention staff]
7241          (b) Staff at the detention facility shall provide the juvenile court with all information
7242     received from the individual who brought the minor to the detention facility.
7243          [(f) The judge or commissioner]
7244          (8) (a) The juvenile court may only order a minor to be held in the detention facility or
7245     be placed in another appropriate facility, subject to further order of the court, if the court finds
7246     at a detention hearing that:
7247          [(i)] (i) releasing the minor to the minor's parent, guardian, or custodian presents an
7248     unreasonable risk to public safety;

7249          [(ii)] (ii) less restrictive nonresidential alternatives to detention have been considered
7250     and, where appropriate, attempted; and
7251          [(iii)] (iii) the minor is eligible for detention under the [division guidelines for
7252     detention admissions established by the Division of Juvenile Justice Services, under Section
7253     62A-7-202 and under Section 78A-6-112] detention guidelines and Section 80-6-205.
7254          (b) The juvenile court may not vest custody of a minor admitted to detention in the
7255     Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and
7256     Dependency Proceedings.
7257          [(g) (i)] (9) (a) After a detention hearing has been held, only the juvenile court may
7258     release a minor from detention.
7259          (b) If a minor remains in a detention facility, periodic reviews shall be held in
7260     accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the
7261     minor is necessary.
7262          [(ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
7263     an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
7264     notice of the court's decision, including any disposition, order, or no contact orders, be
7265     provided to designated persons in the appropriate local law enforcement agency and the district
7266     superintendent or the school or transferee school, if applicable, that the minor attends. The
7267     designated persons may receive the information for purposes of the minor's supervision and
7268     student safety.]
7269          [(iii) Any employee of the local law enforcement agency, the school district, and the
7270     school that the minor attends who discloses the court's order of probation is not:]
7271          [(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
7272     provided in Section 63G-7-202; and]
7273          [(B) civilly or criminally liable except when disclosure constitutes a knowing violation
7274     of Section 63G-2-801.]
7275          [(5) A minor may not be held in a detention facility, following a dispositional order of
7276     the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
7277     community-based placement under Section 62A-7-101.]
7278          [(6) (a) Except as otherwise provided in this section, a minor may not be held in a
7279     detention facility following a disposition order of the court for longer than 72 hours, excluding

7280     weekends and holidays.]
7281          [(b) The period of detention may be extended by the court for a cumulative total of
7282     seven calendar days if:]
7283          [(i) the Division of Juvenile Justice Services, or another agency responsible for
7284     placement, files a written petition with the court requesting the extension and setting forth good
7285     cause; and]
7286          [(ii) the court enters a written finding that it is in the best interests of both the minor
7287     and the community to extend the period of detention.]
7288          [(c) The court may extend the period of detention beyond the seven calendar days if the
7289     court finds by clear and convincing evidence that:]
7290          [(i) the Division of Juvenile Justice Services or another agency responsible for
7291     placement does not have space for the minor; and]
7292          [(ii) the safety of the minor and community requires an extension of the period of
7293     detention.]
7294          [(d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
7295     excluding weekends and holidays, regarding whether the Division of Juvenile Justice Services
7296     or another agency responsible for placement has space for the minor.]
7297          [(7) The agency requesting an extension shall promptly notify the detention facility that
7298     a written petition has been filed.]
7299          [(8) The court shall promptly notify the detention facility regarding the court's initial
7300     disposition and any ruling on a petition for an extension, whether granted or denied.]
7301          [(9) (a) (i) A child who is younger than 16 years old may not be held in a jail, lockup,
7302     or other place for adult detention, except as provided by Section 62A-7-201, 78A-6-703.5, or
7303     78A-6-703.6.]
7304          [(ii) Section 62A-7-201 regarding confinement facilities applies to this Subsection (9).]
7305          [(b) (i) A child who is 16 years old or older and whose conduct or condition endangers
7306     the safety or welfare of others in the detention facility for children may, by court order that
7307     specifies the reasons, be detained in another place of confinement considered appropriate by
7308     the court, including a jail or other place of confinement for adults.]
7309          [(ii) A secure facility is not an appropriate place of confinement for detention purposes
7310     under this section.]

7311          [(10) A sheriff, warden, or other official in charge of a jail or other facility for the
7312     detention of adult offenders or individuals charged with an offense shall immediately notify the
7313     juvenile court when an individual who is or appears to be under 18 years old is received at the
7314     facility and shall make arrangements for the transfer of the individual to a detention facility,
7315     unless otherwise ordered by the juvenile court.]
7316          [(11)] (10) This section does not apply to a minor who is brought to [the adult facility]
7317     a correctional facility in accordance with Section [78A-6-703.2, 78A-6-703.5, or 78A-6-703.6]
7318     80-6-502, 80-6-504, or 80-6-505.
7319          [(12) A provision of law regarding bail is not applicable to minors detained or taken
7320     into custody under this chapter, except that bail may be allowed:]
7321          [(a) if a minor who need not be detained lives outside this state; or]
7322          [(b) when a minor who need not be detained comes within one of the classes in Section
7323     78A-6-1101.]
7324          [(13) Section 76-8-418 is applicable to a child who willfully and intentionally commits
7325     an act against a jail or other place of confinement, including a Division of Juvenile Justice
7326     Services detention, shelter, or secure confinement facility that would be a third degree felony if
7327     committed by an adult.]
7328          (11) Notwithstanding Title 77, Chapter 20, Bail, a minor in a detention facility does not
7329     have a right to bail, except that bail is allowed if:
7330          (a) a minor is cited under Section 80-6-302;
7331          (b) a minor is charged in accordance with Section 80-6-502;
7332          (c) a minor is bound over to the district court in accordance with Section 80-6-504;
7333          (d) a minor, who need not be detained, lives outside this state; and
7334          (e) a minor, who need not be detained, is held in contempt under Section 78A-6-353.
7335          Section 151. Section 80-6-301 is enacted to read:
7336     
Part 3. Referral and Prosecution

7337          80-6-301. Referral to juvenile court.
7338          (1) Except as provided in Subsections (2) and (3), a peace officer, or a public official of
7339     the state, a county, a city, or a town charged with the enforcement of the laws of the state or
7340     local jurisdiction, shall file a formal referral with the juvenile court within 10 days after the day
7341     on which a minor is taken into temporary custody under Section 80-6-201.

7342          (2) If a minor is taken to a detention facility, a peace officer, or public official of the
7343     state, a county, a city, or a town charged with the enforcement of laws of the state or local
7344     jurisdiction, shall file the formal referral with the juvenile court within 24 hours after the time
7345     in which the minor is taken into temporary custody under Section 80-6-201.
7346          (3) A peace officer, public official, school district, or school may only refer a minor to
7347     the juvenile court under Section 53G-8-211 for an offense that is subject to referral under
7348     Section 53G-8-211.
7349          Section 152. Section 80-6-302, which is renumbered from Section 78A-6-603 is
7350     renumbered and amended to read:
7351          [78A-6-603].      80-6-302. Citation -- Procedure -- Time limits -- Failure to
7352     appear.
7353          (1) A petition is not required to commence a proceeding against a minor for an
7354     adjudication of an alleged offense if a citation is issued for an offense for which the juvenile
7355     court has jurisdiction over and the offense listed in the citation is for:
7356          (a) a violation of a wildlife law;
7357          (b) a violation of a boating law;
7358          (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
7359     infraction:
7360          (i) for a traffic violation; or
7361          (ii) designated as a citable offense by general order of the Board of Juvenile Court
7362     Judges;
7363          (d) a class B misdemeanor or infraction for a traffic violation where the individual is
7364     15 years old or younger at the time the offense was alleged to have occurred;
7365          (e) an infraction or misdemeanor designated as a citable offense by a general order of
7366     the Board of Juvenile Court Judges; or
7367          (f) a violation of Subsection 76-10-105(2).
7368          (2) Except as provided in Subsection (6) and Section [53G-8-211] 80-6-301, a citation
7369     for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days
7370     of issuance to a minor.
7371          (3) A copy of the citation shall contain:
7372          (a) the name and address of the juvenile court before which the minor may be required

7373     to appear;
7374          (b) the name of the minor cited;
7375          (c) the statute or local ordinance that the minor is alleged to have violated;
7376          (d) a brief description of the offense charged;
7377          (e) the date, time, and location at which the offense is alleged to have occurred;
7378          (f) the date the citation was issued;
7379          (g) the name and badge or identification number of the peace officer or public official
7380     who issued the citation;
7381          (h) the name of the arresting person if an arrest was made by a private party and the
7382     citation was issued in lieu of taking the [arrested] minor into temporary custody as provided in
7383     Section [78A-6-112] 80-6-201;
7384          (i) a statement that the minor and [parent or legal guardian] the minor's parent or
7385     guardian are to appear when notified by the juvenile court; and
7386          (j) the signature of the minor and [the parent or legal guardian] the minor's parent or
7387     guardian, if present, agreeing to appear at the juvenile court when notified by the court.
7388          (4) A copy of the citation shall contain space for the following information to be
7389     entered if known:
7390          (a) the minor's address;
7391          (b) the minor's date of birth;
7392          (c) the name and address of the child's custodial parent [or legal guardian] or guardian,
7393     if different from the child; and
7394          (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
7395     this information shall be removed from the documents the minor receives.
7396          (5) A citation received by the juvenile court beyond the time designated in Subsection
7397     (2) shall include a written explanation for the delay.
7398          (6) A minor offense, as defined in Section [78A-6-1202] 80-6-901, alleged to have
7399     been committed by an enrolled child on school property or related to school attendance, may
7400     only be referred to the prosecuting attorney or the juvenile court in accordance with Section
7401     53G-8-211.
7402          (7) If a juvenile court receives a citation described in Subsection (1), [the court's
7403     probation department] a juvenile probation officer shall make a preliminary inquiry as to

7404     whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection
7405     [78A-6-602(7)] 80-6-304(5).
7406          (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
7407     prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
7408     an adjudication of the offense in the citation only if:
7409          (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in
7410     accordance with Section [78A-6-602] 80-6-304; and
7411          (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
7412          (b) Except as provided in Subsection [78A-6-602.5(2)] 80-6-305(2), a prosecuting
7413     attorney may not commence a proceeding against an individual for any offense listed in a
7414     citation alleged to have occurred before the individual was 12 years old.
7415          (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
7416     belief, that:
7417          (a) the charge listed in the citation is supported by probable cause;
7418          (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
7419     doubt; and
7420          (c) the decision to charge is in the interests of justice.
7421          (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
7422     shall appear at the juvenile court at a date and time established by the juvenile court.
7423          (11) If a minor willfully fails to appear before the juvenile court for a proceeding under
7424     Subsection (8)(a), the juvenile court may:
7425          (a) find the minor in contempt of court; and
7426          (b) proceed against the minor as provided in Section [78A-6-1101] 78A-6-353.
7427          (12) [When] If a proceeding is commenced under this section, bail may be posted and
7428     forfeited under Section [78A-6-113] 80-6-207 with the consent of:
7429          (a) the juvenile court; and
7430          (b) if the minor is a child, the parent or [legal] guardian of the child cited.
7431          Section 153. Section 80-6-303, which is renumbered from Section 78A-6-601 is
7432     renumbered and amended to read:
7433          [78A-6-601].      80-6-303. Criminal proceedings involving minors -- Transfer
7434     to juvenile court -- Exception.

7435          (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
7436     justice court determines that an individual being charged is under 21 years old and was younger
7437     than 18 years old at the time of committing the alleged offense, the district court or justice
7438     court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
7439     of any testimony.
7440          (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
7441     that is:
7442          (A) filed in the district court in accordance with Section [78A-6-703.2] 80-6-502; or
7443          (B) transferred to the district court in accordance with Section [78A-6-703.5] 80-6-504.
7444          (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
7445     offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
7446          (2) (a) Except as provided in Subsection (2)(b), the district court or justice court making
7447     the transfer shall:
7448          (i) order the individual to be taken immediately to the juvenile court or to a place of
7449     detention designated by the juvenile court; or
7450          (ii) release the individual to the custody of the individual's parent or guardian or other
7451     person legally responsible for the individual, to be brought before the juvenile court at a time
7452     designated by the juvenile court.
7453          (b) If the alleged offense under Subsection (1) occurred before the individual was 12
7454     years old:
7455          (i) the district court or justice court making the transfer shall release the individual to
7456     the custody of the individual's parent or guardian, or other person legally responsible for the
7457     individual;
7458           (ii) the juvenile court shall treat the transfer as a referral under [Subsection
7459     78A-6-602(3)] Section 80-6-301; and
7460          (iii) [the juvenile court's probation department] a juvenile probation officer shall make
7461     a preliminary inquiry to determine whether the individual is eligible for a nonjudicial
7462     adjustment in accordance with Section [78A-6-602] 80-6-304.
7463          (c) If the case is transferred to the juvenile court under this section, the juvenile court
7464     shall then proceed in accordance with this chapter.
7465          (3) A district court or justice court does not have to transfer a case under Subsection

7466     (1) if the district court or justice court would have had jurisdiction over the case at the time the
7467     individual committed the offense in accordance with Subsections 78A-5-102(9) and
7468     78A-7-106(2).
7469          Section 154. Section 80-6-304, which is renumbered from Section 78A-6-602 is
7470     renumbered and amended to read:
7471          [78A-6-602].      80-6-304. Nonjudicial adjustments.
7472          [(1) As used in this section, "referral" means a formal referral, a referral to the court
7473     under Section 53G-8-211 or Subsection 78A-6-601(2)(b), or a citation issued to a minor for
7474     which the court receives notice under Section 78A-6-603.]
7475          [(2) (a) A peace officer, or a public official of the state, a county, city, or town charged
7476     with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral
7477     with the court within 10 days of a minor's arrest.]
7478          [(b) If the arrested minor is taken to a detention facility, the peace officer, or public
7479     official, shall file the formal referral with the court within 24 hours.]
7480          [(c) A peace officer, public official, school district, or school may only make a referral
7481     to the court under Section 53G-8-211 for an offense that is subject to referral under Section
7482     53G-8-211.]
7483          [(3)] (1) If the juvenile court receives a referral for [a minor who] an offense
7484     committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, [the
7485     court's probation department] a juvenile probation officer shall make a preliminary inquiry in
7486     accordance with Subsections [(5), (6), and (7)] (3), (4), and (5) to determine whether the minor
7487     is eligible to enter into a nonjudicial adjustment.
7488          [(4)] (2) If a minor is referred to the juvenile court for multiple offenses arising from a
7489     single criminal episode, and the minor is eligible under this section for a nonjudicial
7490     adjustment, [the court's probation department] the juvenile probation officer shall offer the
7491     minor one nonjudicial adjustment for all offenses arising from the single criminal episode.
7492          [(5)] (3) (a) [The court's probation department] The juvenile probation officer may:
7493          (i) conduct a validated risk and needs assessment; and
7494          (ii) request that a prosecuting attorney review a referral in accordance with Subsection
7495     [(11)