This document includes House Floor Amendments incorporated into the bill on Fri, Feb 4, 2022 at 3:30 PM by lfindlay.
1     
UNIFORM UNREGULATED CHILD CUSTODY TRANSFER

2     
ACT

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Merrill F. Nelson

6     
Senate Sponsor: Michael K. McKell

7     

8     LONG TITLE
9     General Description:
10          This bill enacts the Uniform Unregulated Child Custody Transfer Act (Act).
11     Highlighted Provisions:
12          This bill:
13          ▸     creates, modifies, and repeals definitions;
14          ▸     prohibits a parent or guardian from transferring custody of a child with intent to
15     abandon the parent's or guardian's rights and responsibilities for the child, except
16     under certain circumstances;
17          ▸     prohibits a person from receiving custody of a child or assisting in the transfer of
18     custody of the child if the person knows the transfer is a violation of the Act;
19          ▸     authorizes the Division of Child and Family Services (division) to conduct a home
20     visit or take other action to protect the welfare of a child who the division
21     reasonably believes may be the subject of an unregulated custody transfer;
22          ▸     prohibits a person from soliciting or advertising to take certain actions in violation
23     of the Act;
24          ▸     requires a child-placing agency to provide a prospective adoptive parent general
25     adoption information and other information specific to the child to be adopted;
26          ▸     requires a child-placing agency or the division to provide information about certain
27     financial assistance or support services available to the prospective adoptive parent;

28          ▸     authorizes the Office of Licensing (office) to initiate proceedings to investigate a
29     violation of the Act;
30          ▸     authorizes the office to suspend or revoke a child-placing agency's license for a
31     violation of the Act;
32          ▸     provides the office rulemaking authority;
33          ▸     provides penalties for a violation of certain provisions of the Act;
34          ▸     includes a severability clause; and
35          ▸     makes technical and conforming changes.
36     Money Appropriated in this Bill:
37          None
38     Other Special Clauses:
39          None
40     Utah Code Sections Affected:
41     AMENDS:
42          62A-4a-601, as last amended by Laws of Utah 2017, Chapters 148 and 401
43          62A-4a-602, as last amended by Laws of Utah 2020, Chapter 250
44          80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
45     ENACTS:
46          78B-24-101, Utah Code Annotated 1953
47          78B-24-102, Utah Code Annotated 1953
48          78B-24-201, Utah Code Annotated 1953
49          78B-24-202, Utah Code Annotated 1953
50          78B-24-203, Utah Code Annotated 1953
51          78B-24-204, Utah Code Annotated 1953
52          78B-24-205, Utah Code Annotated 1953
53          78B-24-301, Utah Code Annotated 1953
54          78B-24-302, Utah Code Annotated 1953
55          78B-24-303, Utah Code Annotated 1953
56          78B-24-304, Utah Code Annotated 1953
57          78B-24-305, Utah Code Annotated 1953
58          78B-24-306, Utah Code Annotated 1953

59          78B-24-307, Utah Code Annotated 1953
60          78B-24-308, Utah Code Annotated 1953
61          78B-24-401, Utah Code Annotated 1953
62          78B-24-402, Utah Code Annotated 1953
63          78B-24-403, Utah Code Annotated 1953
64          78B-24-404, Utah Code Annotated 1953
65     REPEALS:
66          62A-4a-607, as last amended by Laws of Utah 2021, Chapter 262
67          62A-4a-609, as enacted by Laws of Utah 2017, Chapter 401
68          62A-4a-711, as last amended by Laws of Utah 2021, Chapter 262
69     

70     Be it enacted by the Legislature of the state of Utah:
71          Section 1. Section 62A-4a-601 is amended to read:
72          62A-4a-601. Definitions.
73          [For purposes of] As used in this part:
74          (1) "Child placing" means the same as that term is defined in Section 62A-2-101.
75          (2) "Child-placing agency" means the same as that term is defined in Section
76     62A-2-101.
77          [(3) "High needs child" means a child:]
78          [(a) with an attachment or trauma-related disorder;]
79          [(b) who suffered from prenatal exposure to alcohol or drugs;]
80          [(c) who is the subject of an intercountry adoption;]
81          [(d) who was previously adopted; or]
82          [(e) who is in foster care.]
83          Section 2. Section 62A-4a-602 is amended to read:
84          62A-4a-602. Licensure requirements -- Prohibited acts.
85          (1) As used in this section:
86          (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
87     made in connection with a solicitation of business.
88          (ii) "Advertisement" includes a statement or representation described in Subsection
89     (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,

90     circular, billboard, banner, Internet website, social media, or sign.
91          (b) "Clearly and conspicuously disclose" means the same as that term is defined in
92     Section 13-11a-2.
93          (c) (i) "Matching advertisement" means any written, oral, or graphic statement or
94     representation made in connection with a solicitation of business to provide the assistance
95     described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
96     described in Subsection (3)(a)(ii).
97          (ii) "Matching advertisement" includes a statement or representation described in
98     Subsection (1)(c)(i) by a noncable television system, radio, printed brochure, newspaper,
99     leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
100          (2) (a) [A] Subject to Section 78B-24-205, a person may not engage in child placing, or
101     solicit money or other assistance for child placing, without a valid license issued by the Office
102     of Licensing within the department, in accordance with Chapter 2, Licensure of Programs and
103     Facilities.
104          (b) When a child-placing agency's license is suspended or revoked in accordance with
105     that chapter, the care, control, or custody of any child who has been in the care, control, or
106     custody of that agency shall be transferred to the division.
107          (3) (a) (i) An attorney, physician, or other person may assist a parent in identifying or
108     locating a person interested in adopting the parent's child, or in identifying or locating a child to
109     be adopted.
110          (ii) No payment, charge, fee, reimbursement of expense, or exchange of value of any
111     kind, or promise or agreement to make the same, may be made for the assistance described in
112     Subsection (3)(a)(i).
113          (b) An attorney, physician, or other person may not:
114          (i) issue or cause to be issued to any person a card, sign, or device indicating that the
115     attorney, physician, or other person is available to provide the assistance described in
116     Subsection (3)(a)(i);
117          (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
118     or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
119     any building or structure;
120          (iii) announce, cause, permit, or allow an announcement indicating that the attorney,

121     physician, or other person is available to provide the assistance described in Subsection
122     (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
123     website relating to a business;
124          (iv) announce, cause, permit, or allow a matching advertisement; or
125          (v) announce, cause, permit, or allow an advertisement that indicates or implies the
126     attorney, physician, or other person is available to provide the assistance described in
127     Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
128     following terms:
129          (A) "comprehensive";
130          (B) "complete";
131          (C) "one-stop";
132          (D) "all-inclusive"; or
133          (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
134     (D).
135          (c) An attorney, physician, or other person who is not licensed by the Office of
136     Licensing within the department shall clearly and conspicuously disclose in any print media
137     advertisement or written contract regarding adoption services or adoption-related services that
138     the attorney, physician, or other person is not licensed to provide adoption services by the
139     Office of Licensing within the department.
140          [(4) Nothing in this part:]
141          (4) This part does not:
142          (a) [precludes] preclude payment of fees for medical, legal, or other lawful services
143     rendered in connection with the care of a mother, delivery and care of a child, or lawful
144     adoption proceedings; or
145          (b) [abrogates] abrogate the right of procedures for independent adoption as provided
146     by law.
147          (5) In accordance with federal law, only [agents or employees] an agent or employee of
148     the division and of a licensed [child placing agencies] child-placing agency may certify to the
149     United States Citizenship and Immigration [and Naturalization Service] Services that a family
150     meets the division's preadoption requirements.
151          (6) (a) Neither a licensed child-placing agency nor any attorney practicing in this state

152     may place a child for adoption, either temporarily or permanently, with [any individual or
153     individuals that] an individual who would not be qualified for adoptive placement [pursuant to
154     the provisions of] under Sections 78B-6-117, 78B-6-102, and 78B-6-137.
155          (b) (i) The division, as a licensed child-placing agency, may not place a child in foster
156     care with [any] an individual [or individuals that] who would not be qualified for adoptive
157     placement [pursuant to the provisions of] under Sections 78B-6-117, 78B-6-102, and
158     78B-6-137. [However, nothing in this]
159          (ii) This Subsection (6)(b) [limits] does not limit the placement of a child in foster care
160     with the child's biological or adoptive parent, a relative, or in accordance with the Indian Child
161     Welfare Act, 25 U.S.C. Sec. 1901 et seq.
162          (c) (i) With regard to [children who are] a child who is in the custody of the state, the
163     division shall establish a rule in accordance with Title 63G, Chapter 3, Utah Administrative
164     Rulemaking Act, providing that priority for placement shall be provided to [families] a family
165     in which a couple is legally married under the laws of this state. [However, nothing in this]
166          (ii) This Subsection (6)(c) [limits] does not limit the placement of a child with the
167     child's biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare
168     Act, 25 U.S.C. Sec. 1901 et seq.
169          Section 3. Section 78B-24-101 is enacted to read:
170     
CHAPTER 24. UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT

171     
Part 1. General Provisions

172          78B-24-101. Definitions.
173          As used in this chapter:
174          (1) "Child" means an unemancipated individual under 18 years old.
175          (2) (a) "Child-placing agency" means a person with authority under other law of this
176     state to identify or place a child for adoption.
177          (b) "Child-placing agency" does not include a parent of a child.
178          (3) "Custody" means the exercise of physical care and supervision of a child.
179          (4) (a) "Intercountry adoption" means an adoption or placement for adoption of a child
180     who resides in a foreign country at the time of adoption or placement.
181          (b) "Intercountry adoption" includes an adoption finalized in the child's country of
182     residence or in a state.

183          (5) "Parent" means an individual recognized as a parent under other law of this state.
184          (6) "Person" means an individual, estate, business or nonprofit entity, public
185     corporation, government or governmental subdivision, agency, or instrumentality, or other
186     legal entity.
187          (7) "Record" means information:
188          (a) inscribed on a tangible medium; or
189          (b) stored in an electronic or other medium and retrievable in perceivable form.
190          (8) (a) "State" means a state of the United States, the District of Columbia, Puerto
191     Rico, the United States Virgin Islands, or any other territory or possession subject to the
192     jurisdiction of the United States.
193          (b) "State" includes a federally recognized Indian tribe.
194          Section 4. Section 78B-24-102 is enacted to read:
195          78B-24-102. Limitations on applicability.
196          This chapter does not apply to custody of an Indian child, as defined in the Indian Child
197     Welfare Act, 25 U.S.C. Sec. 1903, to the extent governed by the Indian Child Welfare Act, 25
198     U.S.C. Sec. 1901 through 1963.
199          Section 5. Section 78B-24-201 is enacted to read:
200     
Part 2. Prohibition of Unregulated Custody Transfer

201          78B-24-201. Definitions.
202          As used in this part:
203          (1) "Guardian" means a person recognized as a guardian under other law of this state.
204          (2) "Intermediary" means a person that assists or facilitates a transfer of custody of a
205     child, whether or not for compensation.
206          Section 6. Section 78B-24-202 is enacted to read:
207          78B-24-202. Applicability.
208          This part does not apply to a transfer of custody of a child by a parent or guardian of the
209     child to:
210          (1) a parent of the child;
211          (2) a stepparent of the child;
212          (3) an adult who is related to the child by blood, marriage, or adoption;
213          (4) an adult who, at the time of the transfer, had a close relationship with the child or

214     the parent Ĥ→ or ←Ĥ guardian of the child for a substantial period, and whom the parent or
214a     guardian
215     reasonably believed, at the time of the transfer, to be a fit custodian of the child;
216          (5) an Indian custodian, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec.
217     1903, of the child; or
218          (6) a member of the child's customary family unit recognized by the child's indigenous
219     group.
220          Section 7. Section 78B-24-203 is enacted to read:
221          78B-24-203. Prohibited custody transfer.
222          (1) Except as provided in Subsection (2), a parent or guardian of a child, or an
223     individual with whom a child has been placed for adoption, may not transfer custody of the
224     child to another person with the intent, at the time of the transfer, to abandon the rights and
225     responsibilities concerning the child.
226          (2) A parent or guardian of a child or an individual with whom a child has been placed
227     for adoption may transfer custody of the child to another person with the intent, at the time of
228     the transfer, to abandon the rights and responsibilities concerning the child only through:
229          (a) adoption or guardianship;
230          (b) judicial award of custody;
231          (c) placement by or through a child-placing agency;
232          (d) other judicial or tribal action; or
233          (e) safe relinquishment under Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a
234     Newborn Child.
235          (3) (a) A person may not receive custody of a child, or act as an intermediary in a
236     transfer of custody of a child, if the person knows or reasonably should know the transfer
237     violates Subsection (1).
238          (b) This subsection does not apply if the person as soon as practicable after the transfer,
239     notifies the Division of Child and Family Services of the transfer or takes appropriate action to
240     establish custody under Subsection (2).
241          (4) A violation of this section is a class B misdemeanor.
242          (5) A violation of Subsection (1) is not established solely because a parent or guardian
243     that transfers custody of a child does not regain custody.
244          Section 8. Section 78B-24-204 is enacted to read:

245          78B-24-204. Authority and responsibility of the Division of Child and Family
246     Services.
247          (1) If the Division of Child and Family Services has a reasonable basis to believe that a
248     person has transferred or will transfer custody of a child in violation of Subsection
249     78B-24-203(1), the Division of Child and Family Services may conduct a home visit as
250     provided by other law of this state and take appropriate action to protect the welfare of the
251     child.
252          (2) If the Division of Child and Family Services conducts a home visit for a child
253     adopted or placed through an intercountry adoption, the Division of Child and Family Services
254     shall:
255          (a) prepare a report on the welfare and plan for permanent placement of the child; and
256          (b) provide a copy of the report to the United States Department of State.
257          (3) This chapter does not prevent the Division of Child and Family Services from
258     taking appropriate action under law of this state.
259          Section 9. Section 78B-24-205 is enacted to read:
260          78B-24-205. Prohibited soliciting or advertising.
261          (1) A person may not solicit or advertise to:
262          (a) find a person to which to make a transfer of custody in violation of Subsection
263     78B-24-203(1);
264          (b) identify a child for a transfer of custody in violation of Subsection 78B-24-203(3);
265     or
266          (c) act as an intermediary in a transfer of custody in violation of Subsection
267     78B-24-203(3).
268          (2) A violation of this section is a class B misdemeanor.
269          Section 10. Section 78B-24-301 is enacted to read:
270     
Part 3. Information and Guidance

271          78B-24-301. Definitions.
272          As used in this part, "prospective adoptive parent" means an individual who has been
273     approved or permitted under other law of this state to adopt a child.
274          Section 11. Section 78B-24-302 is enacted to read:
275          78B-24-302. Scope.

276          This part applies to placement for adoption of a child who:
277          (1) has been or is in foster or institutional care;
278          (2) previously has been adopted in a state;
279          (3) has been or is being adopted under the law of a foreign country;
280          (4) has come or is coming to a state from a foreign country to be adopted;
281          (5) is not a citizen of the United States;
282          (6) has an attachment or trauma-related disorder; or
283          (7) suffered from prenatal exposure to alcohol or drugs.
284          Section 12. Section 78B-24-303 is enacted to read:
285          78B-24-303. General adoption information.
286          (1) Within a reasonable time before a child-placing agency places a child for adoption
287     with a prospective adoptive parent, the child-placing agency shall provide or cause to be
288     provided to the prospective adoptive parent general adoption information.
289          (2) The information under Subsection (1) shall address:
290          (a) possible physical, mental, emotional, and behavioral issues concerning:
291          (i) identity, loss, and trauma that a child might experience before, during, or after
292     adoption; and
293          (ii) a child leaving familiar ties and surroundings;
294          (b) the effect that access to resources, including health insurance, might have on the
295     ability of an adoptive parent to meet the needs of a child;
296          (c) causes of disruption of an adoptive placement or dissolution of an adoption and
297     resources available to help avoid disruption or dissolution; and
298          (d) prohibitions under Sections 78B-24-203 and 78B-24-205.
299          Section 13. Section 78B-24-304 is enacted to read:
300          78B-24-304. Information about a child.
301          (1) (a) Except as prohibited by other law of this state, within a reasonable time before a
302     child-placing agency places a child for adoption with a prospective adoptive parent, the agency
303     shall provide or cause to be provided to the prospective adoptive parent information specific to
304     the child that is known or reasonably obtainable by the child-placing agency and material to the
305     prospective adoptive parents informed decision to adopt the child.
306          (b) The information under Subsection (1)(a) shall include:

307          (i) the child's family, cultural, racial, religious, ethnic, linguistic, and educational
308     background;
309          (ii) the child's physical, mental, emotional, and behavioral health;
310          (iii) circumstances that may adversely affect the child's physical, mental, emotional, or
311     behavioral health;
312          (iv) the child's medical history, including immunizations;
313          (v) the medical history of the child's genetic parents and siblings;
314          (vi) the history of an adoptive or out-of-home placement of the child and the reason the
315     adoption or placement ended;
316          (vii) the child's United States immigration status;
317          (viii) medical, therapeutic, and educational resources, including language-acquisition
318     training, available to the adoptive parent and child after placement or adoption to assist in
319     responding effectively to physical, mental, emotional, or behavioral issues; and
320          (ix) available records relevant to the information in Subsections (1)(b)(i) through (viii).
321          (2) If, before an adoption is finalized, additional information under Subsection (1) that
322     is material to a prospective adoptive parent's informed decision to adopt the child becomes
323     known or reasonably obtainable by the child-placing agency, the child-placing agency shall
324     provide the information to the prospective adoptive parent.
325          (3) If, after an adoption is finalized, additional information under Subsection (1)
326     becomes known to the child-placing agency, the child-placing agency shall make a reasonable
327     effort to provide the information to the adoptive parent.
328          Section 14. Section 78B-24-305 is enacted to read:
329          78B-24-305. Guidance and instruction.
330          (1) A child-placing agency placing a child for adoption shall provide or cause to be
331     provided to the prospective adoptive parent guidance and instruction specific to the child to
332     help prepare the parent to respond effectively to needs of the child which are known or
333     reasonably ascertainable by the child-placing agency.
334          (2) The guidance and instruction under Subsection (1) shall address, if applicable:
335          (a) the potential effect on the child of:
336          (i) previous adoption or out-of-home placement;
337          (ii) multiple previous adoptions or out-of-home placements;

338          (iii) trauma, insecure attachment, fetal alcohol exposure, or malnutrition;
339          (iv) neglect, abuse, drug exposure, or similar adversity;
340          (v) separation from a sibling or significant caregiver; and
341          (vi) a difference in ethnicity, race, or cultural identity between the child and the
342     prospective adoptive parent or other child of the parent;
343          (b) information available from the federal government on the process for the child to
344     acquire United States citizenship; and
345          (c) any other matter the child-placing agency considers material to the adoption.
346          (3) The guidance and instruction under Subsection (1) shall be provided:
347          (a) for adoption of a child residing in the United States, a reasonable time before the
348     adoption is finalized; or
349          (b) for an intercountry adoption, in accordance with federal law.
350          Section 15. Section 78B-24-306 is enacted to read:
351          78B-24-306. Information about financial assistance and support services.
352          On request of a child who was placed for adoption or the child's adoptive parent, the
353     child-placing agency placing the child or the Division of Child and Family Services shall
354     provide information about how to obtain financial assistance or support services:
355          (1) to assist the child or parent to respond effectively to adjustment, behavioral, and
356     other challenges; and
357          (2) to help preserve the placement or adoption.
358          Section 16. Section 78B-24-307 is enacted to read:
359          78B-24-307. Child-placing agency compliance.
360          (1) The Office of Licensing, created in Section 62A-2-103, may investigate an
361     allegation that a child-placing agency has failed to comply with this part and commence an
362     action for injunctive or other relief or initiate administrative proceedings against the
363     child-placing agency to enforce this part.
364          (2) (a) The Office of Licensing may initiate a proceeding to determine whether a
365     child-placing agency has failed to comply with this part.
366          (b) If the Office of Licensing finds that the child-placing agency has failed to comply,
367     the Office of Licensing may suspend or revoke the child-placing agency's license or take other
368     action permitted by law of the state.

369          Section 17. Section 78B-24-308 is enacted to read:
370          78B-24-308. Rulemaking authority.
371          The Office of Licensing, created in Section 62A-2-103, may adopt rules under Title
372     63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Sections 78B-24-303,
373     78B-24-304, 78B-24-305, and 78B-24-306.
374          Section 18. Section 78B-24-401 is enacted to read:
375     
Part 4. Miscellaneous Provisions

376          78B-24-401. Uniformity of application and construction.
377          In applying and construing this uniform act, a court shall consider the promotion of
378     uniformity of the law among jurisdictions that enact the uniform act.
379          Section 19. Section 78B-24-402 is enacted to read:
380          78B-24-402. Relation to Electronic Signatures in Global and National Commerce
381     Act.
382          This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
383     National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
384     15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15
385     U.S.C. Sec. 7003(b).
386          Section 20. Section 78B-24-403 is enacted to read:
387          78B-24-403. Transitional provisions.
388          (1) Part 2, Prohibition of Unregulated Custody Transfer, applies to:
389          (a) a transfer of custody on or after May 4, 2022; and
390          (b) soliciting or advertising on or after May 4, 2022.
391          (2) Part 3, Information and Guidance, applies to placement of a child for adoption more
392     than 60 days after May 4, 2022.
393          Section 21. Section 78B-24-404 is enacted to read:
394          78B-24-404. Severability.
395          If a provision of this chapter or the provision's application to a person or circumstance
396     is held invalid, the invalidity does not affect another provision or application that can be given
397     effect without the invalid provision.
398          Section 22. Section 80-1-102 is amended to read:
399          80-1-102. Juvenile code definitions.

400          As used in this title:
401          (1) (a) "Abuse" means:
402          (i) (A) nonaccidental harm of a child;
403          (B) threatened harm of a child;
404          (C) sexual exploitation;
405          (D) sexual abuse; or
406          (E) human trafficking of a child in violation of Section 76-5-308.5; or
407          (ii) that a child's natural parent:
408          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
409     child;
410          (B) is identified by a law enforcement agency as the primary suspect in an investigation
411     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
412          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
413     recklessly causing the death of another parent of the child.
414          (b) "Abuse" does not include:
415          (i) reasonable discipline or management of a child, including withholding privileges;
416          (ii) conduct described in Section 76-2-401; or
417          (iii) the use of reasonable and necessary physical restraint or force on a child:
418          (A) in self-defense;
419          (B) in defense of others;
420          (C) to protect the child; or
421          (D) to remove a weapon in the possession of a child for any of the reasons described in
422     Subsections (1)(b)(iii)(A) through (C).
423          (2) "Abused child" means a child who has been subjected to abuse.
424          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
425     facts alleged in the petition have been proved.
426          (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
427     with Section 80-6-402.
428          (4) (a) "Adult" means an individual who is 18 years old or older.
429          (b) "Adult" does not include an individual:
430          (i) who is 18 years old or older; and

431          (ii) who is a minor.
432          (5) "Attorney guardian ad litem" means the same as that term is defined in Section
433     78A-2-801.
434          (6) "Board" means the Board of Juvenile Court Judges.
435          (7) "Child" means an individual who is under 18 years old.
436          (8) "Child and family plan" means a written agreement between a child's parents or
437     guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
438          (9) "Child placement agency" means:
439          (a) a private agency licensed to receive a child for placement or adoption under this
440     code; or
441          (b) a private agency that receives a child for placement or adoption in another state,
442     which is licensed or approved where such license or approval is required by law.
443          (10) "Clandestine laboratory operation" means the same as that term is defined in
444     Section 58-37d-3.
445          (11) "Commit" or "committed" means, unless specified otherwise:
446          (a) with respect to a child, to transfer legal custody; and
447          (b) with respect to a minor who is at least 18 years old, to transfer custody.
448          (12) "Community-based program" means a nonsecure residential or nonresidential
449     program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
450     restrictive setting, consistent with public safety, and operated by or under contract with the
451     Division of Juvenile Justice Services.
452          (13) "Community placement" means placement of a minor in a community-based
453     program described in Section 80-5-402.
454          (14) "Correctional facility" means:
455          (a) a county jail; or
456          (b) a secure correctional facility as defined in Section 64-13-1.
457          (15) "Criminogenic risk factors" means evidence-based factors that are associated with
458     a minor's likelihood of reoffending.
459          (16) "Department" means the Department of Human Services created in Section
460     62A-1-102.
461          (17) "Dependent child" or "dependency" means a child who is without proper care

462     through no fault of the child's parent, guardian, or custodian.
463          (18) "Deprivation of custody" means transfer of legal custody by the juvenile court
464     from a parent or a previous custodian to another person, agency, or institution.
465          (19) "Detention" means home detention or secure detention.
466          (20) "Detention risk assessment tool" means an evidence-based tool established under
467     Section 80-5-203 that:
468          (a) assesses a minor's risk of failing to appear in court or reoffending before
469     adjudication; and
470          (b) is designed to assist in making a determination of whether a minor shall be held in
471     detention.
472          (21) "Developmental immaturity" means incomplete development in one or more
473     domains that manifests as a functional limitation in the minor's present ability to:
474          (a) consult with counsel with a reasonable degree of rational understanding; and
475          (b) have a rational as well as factual understanding of the proceedings.
476          (22) "Disposition" means an order by a juvenile court, after the adjudication of a
477     minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
478          (23) "Educational neglect" means that, after receiving a notice of compulsory education
479     violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
480     ensure that the child receives an appropriate education.
481          (24) "Educational series" means an evidence-based instructional series:
482          (a) obtained at a substance abuse program that is approved by the Division of
483     Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
484          (b) designed to prevent substance use or the onset of a mental health disorder.
485          (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
486          (26) "Evidence-based" means a program or practice that has had multiple randomized
487     control studies or a meta-analysis demonstrating that the program or practice is effective for a
488     specific population or has been rated as effective by a standardized program evaluation tool.
489          (27) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
490          (28) "Formal probation" means a minor is:
491          (a) supervised in the community by, and reports to, a juvenile probation officer or an
492     agency designated by the juvenile court; and

493          (b) subject to return to the juvenile court in accordance with Section 80-6-607.
494          (29) "Group rehabilitation therapy" means psychological and social counseling of one
495     or more individuals in the group, depending upon the recommendation of the therapist.
496          (30) "Guardian" means a person appointed by a court to make decisions regarding a
497     minor, including the authority to consent to:
498          (a) marriage;
499          (b) enlistment in the armed forces;
500          (c) major medical, surgical, or psychiatric treatment; or
501          (d) legal custody, if legal custody is not vested in another individual, agency, or
502     institution.
503          (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
504          (32) "Harm" means:
505          (a) physical or developmental injury or damage;
506          (b) emotional damage that results in a serious impairment in the child's growth,
507     development, behavior, or psychological functioning;
508          (c) sexual abuse; or
509          (d) sexual exploitation.
510          (33) "Home detention" means placement of a minor:
511          (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
512     consent of the minor's parent, guardian, or custodian, under terms and conditions established by
513     the Division of Juvenile Justice Services or the juvenile court; or
514          (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
515     minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
516     custodian, under terms and conditions established by the Division of Juvenile Justice Services
517     or the juvenile court.
518          (34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
519     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
520     nephew, niece, or first cousin.
521          (b) "Incest" includes:
522          (i) blood relationships of the whole or half blood, without regard to legitimacy;
523          (ii) relationships of parent and child by adoption; and

524          (iii) relationships of stepparent and stepchild while the marriage creating the
525     relationship of a stepparent and stepchild exists.
526          (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
527          (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
528          (37) "Indigent defense service provider" means the same as that term is defined in
529     Section 78B-22-102.
530          (38) "Indigent defense services" means the same as that term is defined in Section
531     78B-22-102.
532          (39) "Indigent individual" means the same as that term is defined in Section
533     78B-22-102.
534          (40) (a) "Intake probation" means a minor is:
535          (i) monitored by a juvenile probation officer; and
536          (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
537          (b) "Intake probation" does not include formal probation.
538          (41) "Intellectual disability" means a significant subaverage general intellectual
539     functioning existing concurrently with deficits in adaptive behavior that constitutes a
540     substantial limitation to the individual's ability to function in society.
541          (42) "Juvenile offender" means:
542          (a) a serious youth offender; or
543          (b) a youth offender.
544          (43) "Juvenile probation officer" means a probation officer appointed under Section
545     78A-6-205.
546          (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
547     by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
548     Justice Services, that is responsible for minors taken into temporary custody under Section
549     80-6-201.
550          (45) "Legal custody" means a relationship embodying:
551          (a) the right to physical custody of the minor;
552          (b) the right and duty to protect, train, and discipline the minor;
553          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
554     medical care;

555          (d) the right to determine where and with whom the minor shall live; and
556          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
557          (46) "Mental illness" means:
558          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
559     behavioral, or related functioning; or
560          (b) the same as that term is defined in:
561          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
562     published by the American Psychiatric Association; or
563          (ii) the current edition of the International Statistical Classification of Diseases and
564     Related Health Problems.
565          (47) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
566          (a) a child; or
567          (b) an individual:
568          (i) (A) who is at least 18 years old and younger than 21 years old; and
569          (B) for whom the Division of Child and Family Services has been specifically ordered
570     by the juvenile court to provide services because the individual was an abused, neglected, or
571     dependent child or because the individual was adjudicated for an offense; or
572          (ii) (A) who is at least 18 years old and younger than 25 years old; and
573          (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
574     6, Juvenile Justice.
575          (48) "Mobile crisis outreach team" means the same as that term is defined in Section
576     62A-15-102.
577          (49) "Molestation" means that an individual, with the intent to arouse or gratify the
578     sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
579     or the breast of a female child, or takes indecent liberties with a child as defined in Section
580     76-5-416.
581          (50) (a) "Natural parent" means a minor's biological or adoptive parent.
582          (b) "Natural parent" includes the minor's noncustodial parent.
583          (51) (a) "Neglect" means action or inaction causing:
584          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
585     Relinquishment of a Newborn Child;

586          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
587     guardian, or custodian;
588          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
589     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
590     well-being;
591          (iv) a child to be at risk of being neglected or abused because another child in the same
592     home is neglected or abused;
593          (v) abandonment of a child through an unregulated child custody transfer under Section
594     78B-24-203; or
595          (vi) educational neglect.
596          (b) "Neglect" does not include:
597          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
598     reason, does not provide specified medical treatment for a child;
599          (ii) a health care decision made for a child by the child's parent or guardian, unless the
600     state or other party to a proceeding shows, by clear and convincing evidence, that the health
601     care decision is not reasonable and informed;
602          (iii) a parent or guardian exercising the right described in Section 80-3-304; or
603          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
604     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
605     including:
606          (A) traveling to and from school, including by walking, running, or bicycling;
607          (B) traveling to and from nearby commercial or recreational facilities;
608          (C) engaging in outdoor play;
609          (D) remaining in a vehicle unattended, except under the conditions described in
610     Subsection 76-10-2202(2);
611          (E) remaining at home unattended; or
612          (F) engaging in a similar independent activity.
613          (52) "Neglected child" means a child who has been subjected to neglect.
614          (53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
615     probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
616     consent in writing of:

617          (a) the assigned juvenile probation officer; and
618          (b) (i) the minor; or
619          (ii) the minor and the minor's parent, legal guardian, or custodian.
620          (54) "Not competent to proceed" means that a minor, due to a mental illness,
621     intellectual disability or related condition, or developmental immaturity, lacks the ability to:
622          (a) understand the nature of the proceedings against the minor or of the potential
623     disposition for the offense charged; or
624          (b) consult with counsel and participate in the proceedings against the minor with a
625     reasonable degree of rational understanding.
626          (55) "Parole" means a conditional release of a juvenile offender from residency in
627     secure care to live outside of secure care under the supervision of the Division of Juvenile
628     Justice Services, or another person designated by the Division of Juvenile Justice Services.
629          (56) "Physical abuse" means abuse that results in physical injury or damage to a child.
630          (57) (a) "Probation" means a legal status created by court order, following an
631     adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
632     home under prescribed conditions.
633          (b) "Probation" includes intake probation or formal probation.
634          (58) "Prosecuting attorney" means:
635          (a) the attorney general and any assistant attorney general;
636          (b) any district attorney or deputy district attorney;
637          (c) any county attorney or assistant county attorney; and
638          (d) any other attorney authorized to commence an action on behalf of the state.
639          (59) "Protective custody" means the shelter of a child by the Division of Child and
640     Family Services from the time the child is removed from the home until the earlier of:
641          (a) the day on which the shelter hearing is held under Section 80-3-301; or
642          (b) the day on which the child is returned home.
643          (60) "Protective supervision" means a legal status created by court order, following an
644     adjudication on the ground of abuse, neglect, or dependency, whereby:
645          (a) the minor is permitted to remain in the minor's home; and
646          (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
647     by an agency designated by the juvenile court.

648          (61) (a) "Related condition" means a condition that:
649          (i) is found to be closely related to intellectual disability;
650          (ii) results in impairment of general intellectual functioning or adaptive behavior
651     similar to that of an intellectually disabled individual;
652          (iii) is likely to continue indefinitely; and
653          (iv) constitutes a substantial limitation to the individual's ability to function in society.
654          (b) "Related condition" does not include mental illness, psychiatric impairment, or
655     serious emotional or behavioral disturbance.
656          (62) (a) "Residual parental rights and duties" means the rights and duties remaining
657     with a parent after legal custody or guardianship, or both, have been vested in another person or
658     agency, including:
659          (i) the responsibility for support;
660          (ii) the right to consent to adoption;
661          (iii) the right to determine the child's religious affiliation; and
662          (iv) the right to reasonable parent-time unless restricted by the court.
663          (b) If no guardian has been appointed, "residual parental rights and duties" includes the
664     right to consent to:
665          (i) marriage;
666          (ii) enlistment; and
667          (iii) major medical, surgical, or psychiatric treatment.
668          (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
669     the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
670     without permission.
671          (64) "Secure care" means placement of a minor, who is committed to the Division of
672     Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
673     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
674     minor.
675          (65) "Secure care facility" means a facility, established in accordance with Section
676     80-5-503, for juvenile offenders in secure care.
677          (66) "Secure detention" means temporary care of a minor who requires secure custody
678     in a physically restricting facility operated by, or under contract with, the Division of Juvenile

679     Justice Services:
680          (a) before disposition of an offense that is alleged to have been committed by the
681     minor; or
682          (b) under Section 80-6-704.
683          (67) "Serious youth offender" means an individual who:
684          (a) is at least 14 years old, but under 25 years old;
685          (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
686     of the juvenile court was extended over the individual's case until the individual was 25 years
687     old in accordance with Section 80-6-605; and
688          (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
689     secure care under Sections 80-6-703 and 80-6-705.
690          (68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
691     child.
692          (69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
693     child.
694          (70) "Sexual abuse" means:
695          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
696     adult directed towards a child;
697          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
698     committed by a child towards another child if:
699          (i) there is an indication of force or coercion;
700          (ii) the children are related, as described in Subsection (34), including siblings by
701     marriage while the marriage exists or by adoption;
702          (iii) there have been repeated incidents of sexual contact between the two children,
703     unless the children are 14 years old or older; or
704          (iv) there is a disparity in chronological age of four or more years between the two
705     children;
706          (c) engaging in any conduct with a child that would constitute an offense under any of
707     the following, regardless of whether the individual who engages in the conduct is actually
708     charged with, or convicted of, the offense:
709          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the

710     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
711          (ii) child bigamy, Section 76-7-101.5;
712          (iii) incest, Section 76-7-102;
713          (iv) lewdness, Section 76-9-702;
714          (v) sexual battery, Section 76-9-702.1;
715          (vi) lewdness involving a child, Section 76-9-702.5; or
716          (vii) voyeurism, Section 76-9-702.7; or
717          (d) subjecting a child to participate in or threatening to subject a child to participate in
718     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
719     marriage.
720          (71) "Sexual exploitation" means knowingly:
721          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
722          (i) pose in the nude for the purpose of sexual arousal of any individual; or
723          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
724     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
725          (b) displaying, distributing, possessing for the purpose of distribution, or selling
726     material depicting a child:
727          (i) in the nude, for the purpose of sexual arousal of any individual; or
728          (ii) engaging in sexual or simulated sexual conduct; or
729          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
730     sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
731     is actually charged with, or convicted of, the offense.
732          (72) "Shelter" means the temporary care of a child in a physically unrestricted facility
733     pending a disposition or transfer to another jurisdiction.
734          (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
735          (74) "Single criminal episode" means the same as that term is defined in Section
736     76-1-401.
737          (75) "Status offense" means an offense that would not be an offense but for the age of
738     the offender.
739          (76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
740     substances.

741          (77) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
742          (78) "Supported" means the same as that term is defined in Section 62A-4a-101.
743          (79) "Termination of parental rights" means the permanent elimination of all parental
744     rights and duties, including residual parental rights and duties, by court order.
745          (80) "Therapist" means:
746          (a) an individual employed by a state division or agency for the purpose of conducting
747     psychological treatment and counseling of a minor in the division's or agency's custody; or
748          (b) any other individual licensed or approved by the state for the purpose of conducting
749     psychological treatment and counseling.
750          (81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
751     that the child is at an unreasonable risk of harm or neglect.
752          (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
753     conflict:
754          (a) results in behavior that is beyond the control or ability of the child, or the parent or
755     guardian, to manage effectively;
756          (b) poses a threat to the safety or well-being of the child, the child's family, or others;
757     or
758          (c) results in the situations described in Subsections (82)(a) and (b).
759          [(83) "Unregulated custody transfer" means the placement of a child:]
760          [(a) with an individual who is not the child's parent, step-parent, grandparent, adult
761     sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
762     whom the child is familiar, or a member of the child's federally recognized tribe;]
763          [(b) with the intent of severing the child's existing parent-child or guardian-child
764     relationship; and]
765          [(c) without taking:]
766          [(i) reasonable steps to ensure the safety of the child and permanency of the placement;
767     and]
768          [(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
769     guardianship to the individual taking custody of the child.]
770          [(84)] (83) "Unsupported" means the same as that term is defined in Section
771     62A-4a-101.

772          [(85)] (84) "Unsubstantiated" means the same as that term is defined in Section
773     62A-4a-101.
774          [(86)] (85) "Validated risk and needs assessment" means an evidence-based tool that
775     assesses a minor's risk of reoffending and a minor's criminogenic needs.
776          [(87)] (86) "Without merit" means the same as that term is defined in Section
777     62A-4a-101.
778          [(88)] (87) "Youth offender" means an individual who is:
779          (a) at least 12 years old, but under 21 years old; and
780          (b) committed by the juvenile court to the Division of Juvenile Justice Services for
781     secure care under Sections 80-6-703 and 80-6-705.
782          Section 23. Repealer.
783          This bill repeals:
784          Section 62A-4a-607, Promotion of adoption -- Agency notice to potential adoptive
785     parents.
786          Section 62A-4a-609, Preplacement disclosure and training before high needs child
787     adoption.
788          Section 62A-4a-711, Penalty.