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6
7 LONG TITLE
8 General Description:
9 This bill recodifies, reorganizes, renumbers, amends, repeals, and enacts statutes related
10 to juveniles.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates, repeals, and amends definitions;
14 ▸ renumbers and amends Title 62A, Chapter 4a, Child and Family Services;
15 ▸ renumbers and amends Title 55, Chapter 12, Interstate Compact for Juveniles;
16 ▸ enacts Title 80, Chapter 2, Child Welfare Services;
17 ▸ enacts Title 80, Chapter 2a, Removal and Protective Custody of a Child;
18 ▸ repeals the Serious Habitual Offender Comprehensive Action Program (SHOCAP)
19 Act;
20 ▸ amends provisions allowing a child protection team member to enter a public or
21 private premise to investigate child abuse or neglect;
22 ▸ allows the Division of Child and Family Services to use certain information in the
23 Management Information System to screen an individual who has or is seeking a
24 position with the Office of Guardian Ad Litem;
25 ▸ amends the purposes for which the Division of Child and Family Services may have
26 access to criminal background information maintained by the Bureau of Criminal
27 Identification;
28 ▸ clarifies provisions regarding adoption assistance under an interstate compact;
29 ▸ requires the Administrative Office of the Courts and the Division of Child and
30 Family Services to provide certain reports to the Child Welfare Legislative Oversight Panel;
31 ▸ clarifies provisions describing certification to the federal government regarding
32 preadoption requirements of the Division of Child and Family Services;
33 ▸ amends provisions requiring the Division of Child and Family Services to create an
34 administrative rule regarding adoptive placement of a child with a legally married
35 couple;
36 ▸ clarifies child abuse or neglect reporting requirements;
37 ▸ clarifies that the Division of Child and Family Services is required to forward a
38 written report of child abuse or neglect to the state child abuse and neglect registry;
39 ▸ clarifies a law enforcement agency's duties upon a report of child abuse or neglect
40 and the law enforcement agency's authority to access certain child abuse or neglect
41 records;
42 ▸ clarifies provisions requiring the Division of Child and Family Services to
43 investigate a report of child abuse or neglect before and after removal of the child
44 from the child's home;
45 ▸ amends provisions that allow a peace officer to place a removed child in a shelter
46 facility;
47 ▸ clarifies child welfare interview requirements;
48 ▸ amends the requirement that the Division of Child and Family Services research
49 successful adoptive families for purposes of providing information to a potential
50 adoptive parent;
51 ▸ clarifies provisions regarding the sharing of certain records between the Division of
52 Child and Family Services and an Indian tribe;
53 ▸ amends provisions regarding removal of a child from the child's home and warrants
54 issued by the juvenile court for removal of the child or a runaway youth;
55 ▸ clarifies the process that a physician or health care facility is required to follow
56 upon removing a child from the custody of a parent for the child's safety; and
57 ▸ makes technical and conforming changes.
58 Money Appropriated in this Bill:
59 None
60 Other Special Clauses:
61 This bill provides a special effective date.
62 This bill provides coordination clauses.
63 This bill provides revisor instructions.
64 Utah Code Sections Affected:
65 AMENDS:
66 62A-2-101, as last amended by Laws of Utah 2021, Chapters 117 and 400
67 63G-2-302, as last amended by Laws of Utah 2021, Chapters 100, 143, and 367
68 63I-2-262, as last amended by Laws of Utah 2021, Chapters 156, 204, and 278
69 78A-2-801, as enacted by Laws of Utah 2021, Chapter 261
70 78A-2-802, as renumbered and amended by Laws of Utah 2021, Chapter 261
71 78A-2-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
72 78A-6-351, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
73 amended by Laws of Utah 2021, Chapter 261
74 78A-6-356, as renumbered and amended by Laws of Utah 2021, Chapter 261
75 78A-6-357, as enacted by Laws of Utah 2021, Chapter 261
76 80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
77 80-3-102, as renumbered and amended by Laws of Utah 2021, Chapter 261 and last
78 amended by Coordination Clause, Laws of Utah 2021, Chapter 261
79 80-3-104, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
80 amended by Laws of Utah 2021, Chapter 261
81 80-3-109, as renumbered and amended by Laws of Utah 2021, Chapter 261
82 80-3-201, as renumbered and amended by Laws of Utah 2021, Chapter 261
83 80-3-301, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
84 amended by Laws of Utah 2021, Chapter 261
85 80-3-302, as renumbered and amended by Laws of Utah 2021, Chapter 261
86 80-3-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
87 80-3-404, as renumbered and amended by Laws of Utah 2021, Chapter 261
88 80-3-406, as last amended by Laws of Utah 2021, Chapter 38 and renumbered and
89 amended by Laws of Utah 2021, Chapter 261
90 80-4-105, as renumbered and amended by Laws of Utah 2021, Chapter 261
91 80-4-106, as enacted by Laws of Utah 2021, Chapter 261
92 80-4-107, as enacted by Laws of Utah 2021, Chapter 261
93 80-4-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
94 80-5-601, as renumbered and amended by Laws of Utah 2021, Chapter 261
95 80-6-707, as renumbered and amended by Laws of Utah 2021, Chapter 261
96 80-6-710, as enacted by Laws of Utah 2021, Chapter 261
97 80-6-1002, as renumbered and amended by Laws of Utah 2021, Chapter 261
98 80-6-1004, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
99 amended by Laws of Utah 2021, Chapter 261
100 ENACTS:
101 26-18-701, Utah Code Annotated 1953
102 26-18-702, Utah Code Annotated 1953
103 36-33-101, Utah Code Annotated 1953
104 36-33-102, Utah Code Annotated 1953
105 62A-4a-101.5, Utah Code Annotated 1953
106 62A-4a-1003.5, Utah Code Annotated 1953
107 80-2-503, Utah Code Annotated 1953
108 80-2-608, Utah Code Annotated 1953
109 80-2-802, Utah Code Annotated 1953
110 80-2-803, Utah Code Annotated 1953
111 80-2-901, Utah Code Annotated 1953
112 80-2-1006, Utah Code Annotated 1953
113 80-2a-101, Utah Code Annotated 1953
114 80-3-504, Utah Code Annotated 1953
115 RENUMBERS AND AMENDS:
116 26-18-703, (Renumbered from 62A-4a-709, as last amended by Laws of Utah 2016,
117 Chapter 296)
118 36-33-103, (Renumbered from 62A-4a-207, as last amended by Laws of Utah 2021,
119 Chapter 262)
120 62A-2-108.6, (Renumbered from 62A-4a-602, as last amended by Laws of Utah 2020,
121 Chapter 250)
122 62A-2-115.1, (Renumbered from 62A-4a-603, as last amended by Laws of Utah 2020,
123 Chapter 250)
124 62A-2-115.2, (Renumbered from 62A-4a-605, as last amended by Laws of Utah 2017,
125 Chapter 148)
126 62A-2-126, (Renumbered from 62A-4a-607, as last amended by Laws of Utah 2021,
127 Chapter 262)
128 62A-2-127, (Renumbered from 62A-4a-606, as last amended by Laws of Utah 2018,
129 Chapter 415)
130 76-7-205, (Renumbered from 62A-4a-711, as last amended by Laws of Utah 2021,
131 Chapter 262)
132 80-2-102, (Renumbered from 62A-4a-101, as last amended by Laws of Utah 2021,
133 Chapters 29, 231, 261 and last amended by Coordination Clause, Laws of Utah
134 2021, Chapter 261)
135 80-2-201, (Renumbered from 62A-4a-103, as last amended by Laws of Utah 2021,
136 Chapter 262)
137 80-2-202, (Renumbered from 62A-4a-104, as last amended by Laws of Utah 2009,
138 Chapter 75)
139 80-2-301, (Renumbered from 62A-4a-105, as last amended by Laws of Utah 2021,
140 Chapters 38 and 262)
141 80-2-302, (Renumbered from 62A-4a-102, as last amended by Laws of Utah 2021,
142 Chapter 262)
143 80-2-303, (Renumbered from 62A-4a-113, as last amended by Laws of Utah 2021,
144 Chapter 262)
145 80-2-304, (Renumbered from 62A-4a-115, as last amended by Laws of Utah 2009,
146 Chapter 75)
147 80-2-305, (Renumbered from 62A-4a-111, as renumbered and amended by Laws of
148 Utah 1994, Chapter 260)
149 80-2-306, (Renumbered from 62A-4a-202, as last amended by Laws of Utah 2020,
150 Chapter 250)
151 80-2-307, (Renumbered from 62A-4a-121, as enacted by Laws of Utah 2008, Chapter
152 314)
153 80-2-308, (Renumbered from 62A-4a-212, as enacted by Laws of Utah 2014, Chapter
154 67)
155 80-2-401, (Renumbered from 62A-4a-105.5, as last amended by Laws of Utah 2019,
156 Chapter 335)
157 80-2-402, (Renumbered from 62A-4a-107, as last amended by Laws of Utah 2021,
158 Chapter 231)
159 80-2-403, (Renumbered from 62A-4a-203.1, as enacted by Laws of Utah 2016, Chapter
160 231)
161 80-2-404, (Renumbered from 62A-4a-110, as last amended by Laws of Utah 2019,
162 Chapter 335)
163 80-2-405, (Renumbered from 62A-4a-107.5, as last amended by Laws of Utah 2008,
164 Chapter 299)
165 80-2-501, (Renumbered from 62A-4a-309, as last amended by Laws of Utah 2010,
166 Chapter 278)
167 80-2-502, (Renumbered from 62A-4a-608, as enacted by Laws of Utah 2011, Chapter
168 438)
169 80-2-503.5, (Renumbered from 62A-4a-213, as last amended by Laws of Utah 2021,
170 Chapter 263)
171 80-2-601, (Renumbered from 62A-4a-401, as last amended by Laws of Utah 2016,
172 Chapter 168)
173 80-2-602, (Renumbered from 62A-4a-403, as last amended by Laws of Utah 2021,
174 Chapter 419)
175 80-2-603, (Renumbered from 62A-4a-404, as last amended by Laws of Utah 2021,
176 Chapters 231 and 337)
177 80-2-604, (Renumbered from 62A-4a-405, as last amended by Laws of Utah 2013,
178 Chapter 237)
179 80-2-605, (Renumbered from 62A-4a-407, as last amended by Laws of Utah 2006,
180 Chapter 75)
181 80-2-606, (Renumbered from 62A-4a-408, as last amended by Laws of Utah 2006,
182 Chapter 207)
183 80-2-607, (Renumbered from 62A-4a-406, as last amended by Laws of Utah 2019,
184 Chapter 349)
185 80-2-609, (Renumbered from 62A-4a-411, as last amended by Laws of Utah 2021,
186 Chapter 419)
187 80-2-610, (Renumbered from 62A-4a-410, as last amended by Laws of Utah 2021,
188 Chapter 419)
189 80-2-611, (Renumbered from 62A-4a-1007, as last amended by Laws of Utah 2008,
190 Chapter 299)
191 80-2-701, (Renumbered from 62A-4a-409, as last amended by Laws of Utah 2021,
192 Chapters 29, 262, and 365)
193 80-2-702, (Renumbered from 62A-4a-202.3, as last amended by Laws of Utah 2021,
194 Chapters 29 and 262)
195 80-2-703, (Renumbered from 62A-4a-202.6, as last amended by Laws of Utah 2020,
196 Chapter 250)
197 80-2-704, (Renumbered from 62A-4a-414, as last amended by Laws of Utah 2010,
198 Chapter 239)
199 80-2-705, (Renumbered from 62A-4a-415, as enacted by Laws of Utah 2010, Chapter
200 322)
201 80-2-706, (Renumbered from 62A-4a-202.8, as last amended by Laws of Utah 2021,
202 Chapters 29 and 262)
203 80-2-707, (Renumbered from 62A-4a-1009, as last amended by Laws of Utah 2021,
204 Chapter 262)
205 80-2-708, (Renumbered from 62A-4a-1005, as last amended by Laws of Utah 2021,
206 Chapter 262)
207 80-2-709, (Renumbered from 62A-4a-202.4, as last amended by Laws of Utah 2021,
208 Chapter 262)
209 80-2-801, (Renumbered from 62A-4a-902, as last amended by Laws of Utah 2019,
210 Chapter 393)
211 80-2-804, (Renumbered from 62A-4a-205.6, as last amended by Laws of Utah 2021,
212 Chapter 262)
213 80-2-805, (Renumbered from 62A-4a-106, as last amended by Laws of Utah 2018,
214 Chapter 53)
215 80-2-806, (Renumbered from 62A-4a-903, as last amended by Laws of Utah 2016,
216 Chapter 219)
217 80-2-807, (Renumbered from 62A-4a-905, as last amended by Laws of Utah 2019,
218 Chapter 335)
219 80-2-808, (Renumbered from 62A-4a-906, as last amended by Laws of Utah 2008,
220 Chapter 382)
221 80-2-809, (Renumbered from 62A-4a-907, as renumbered and amended by Laws of
222 Utah 2001, Chapter 115)
223 80-2-902, (Renumbered from 62A-4a-703, as renumbered and amended by Laws of
224 Utah 1994, Chapter 260)
225 80-2-903, (Renumbered from 62A-4a-704, as renumbered and amended by Laws of
226 Utah 1994, Chapter 260)
227 80-2-904, (Renumbered from 62A-4a-707, as renumbered and amended by Laws of
228 Utah 1994, Chapter 260)
229 80-2-905, (Renumbered from 62A-4a-701, as renumbered and amended by Laws of
230 Utah 1994, Chapter 260)
231 80-2-906, (Renumbered from 62A-4a-702, as last amended by Laws of Utah 2008,
232 Chapter 3)
233 80-2-907, (Renumbered from 62A-4a-705, as renumbered and amended by Laws of
234 Utah 1994, Chapter 260)
235 80-2-908, (Renumbered from 62A-4a-706, as renumbered and amended by Laws of
236 Utah 1994, Chapter 260)
237 80-2-909, (Renumbered from 62A-4a-708, as last amended by Laws of Utah 2008,
238 Chapter 3)
239 80-2-910, (Renumbered from 62A-4a-710, as enacted by Laws of Utah 2007, Chapter
240 152)
241 80-2-1001, (Renumbered from 62A-4a-1003, as last amended by Laws of Utah 2021,
242 Chapter 231)
243 80-2-1002, (Renumbered from 62A-4a-1006, as last amended by Laws of Utah 2021,
244 Chapter 262)
245 80-2-1003, (Renumbered from 62A-4a-1008, as last amended by Laws of Utah 2018,
246 Chapter 38)
247 80-2-1004, (Renumbered from 62A-4a-1010, as last amended by Laws of Utah 2021,
248 Chapter 262)
249 80-2-1005, (Renumbered from 62A-4a-412, as last amended by Laws of Utah 2021,
250 Chapters 29, 231, 262, and 419)
251 80-2-1007, (Renumbered from 62A-4a-112, as last amended by Laws of Utah 2019,
252 Chapter 335)
253 80-2-1101, (Renumbered from 62A-4a-311, as last amended by Laws of Utah 2016,
254 Chapter 231)
255 80-2-1102, (Renumbered from 62A-4a-117, as last amended by Laws of Utah 2019,
256 Chapter 335)
257 80-2-1103, (Renumbered from 62A-4a-118, as last amended by Laws of Utah 2021,
258 Chapter 262)
259 80-2-1104, (Renumbered from 62A-4a-208, as last amended by Laws of Utah 2017,
260 Chapters 181, 330, and 401)
261 80-2a-201, (Renumbered from 62A-4a-201, as last amended by Laws of Utah 2021,
262 Chapter 262)
263 80-2a-202, (Renumbered from 62A-4a-202.1, as repealed and reenacted by Laws of
264 Utah 2021, Chapter 261)
265 80-2a-203, (Renumbered from 62A-4a-202.2, as last amended by Laws of Utah 2021,
266 Chapter 261)
267 80-2a-301, (Renumbered from 62A-4a-209, as last amended by Laws of Utah 2021,
268 Chapter 262)
269 80-2a-302, (Renumbered from 62A-4a-203, as last amended by Laws of Utah 2021,
270 Chapter 262)
271 80-2a-303, (Renumbered from 62A-4a-206.5, as last amended by Laws of Utah 2021,
272 Chapter 262)
273 80-2a-304, (Renumbered from 62A-4a-206, as last amended by Laws of Utah 2021,
274 Chapter 262)
275 80-3-307, (Renumbered from 62A-4a-205, as last amended by Laws of Utah 2021,
276 Chapter 262)
277 80-4-501, (Renumbered from 62A-4a-801, as last amended by Laws of Utah 2020,
278 Chapter 170)
279 80-4-502, (Renumbered from 62A-4a-802, as last amended by Laws of Utah 2021,
280 Chapter 262)
281 80-6-1101, (Renumbered from 55-12-100, as enacted by Laws of Utah 2005, Chapter
282 155)
283 80-6-1102, (Renumbered from 55-12-101, as enacted by Laws of Utah 2005, Chapter
284 155)
285 80-6-1103, (Renumbered from 55-12-102, as enacted by Laws of Utah 2005, Chapter
286 155)
287 80-6-1104, (Renumbered from 55-12-103, as enacted by Laws of Utah 2005, Chapter
288 155)
289 80-6-1105, (Renumbered from 55-12-104, as enacted by Laws of Utah 2005, Chapter
290 155)
291 80-6-1106, (Renumbered from 55-12-105, as enacted by Laws of Utah 2005, Chapter
292 155)
293 80-6-1107, (Renumbered from 55-12-106, as enacted by Laws of Utah 2005, Chapter
294 155)
295 80-6-1108, (Renumbered from 55-12-107, as enacted by Laws of Utah 2005, Chapter
296 155)
297 80-6-1109, (Renumbered from 55-12-108, as enacted by Laws of Utah 2005, Chapter
298 155)
299 80-6-1110, (Renumbered from 55-12-109, as enacted by Laws of Utah 2005, Chapter
300 155)
301 80-6-1111, (Renumbered from 55-12-110, as enacted by Laws of Utah 2005, Chapter
302 155)
303 80-6-1112, (Renumbered from 55-12-111, as enacted by Laws of Utah 2005, Chapter
304 155)
305 80-6-1113, (Renumbered from 55-12-112, as enacted by Laws of Utah 2005, Chapter
306 155)
307 80-6-1114, (Renumbered from 55-12-113, as enacted by Laws of Utah 2005, Chapter
308 155)
309 80-6-1115, (Renumbered from 55-12-114, as renumbered and amended by Laws of
310 Utah 2005, Chapter 155)
311 80-6-1116, (Renumbered from 55-12-115, as renumbered and amended by Laws of
312 Utah 2005, Chapter 155)
313 80-6-1117, (Renumbered from 55-12-116, as last amended by Laws of Utah 2018,
314 Chapter 281)
315 80-6-1118, (Renumbered from 55-12-117, as renumbered and amended by Laws of
316 Utah 2005, Chapter 155)
317 80-6-1119, (Renumbered from 55-12-118, as renumbered and amended by Laws of
318 Utah 2005, Chapter 155)
319 REPEALS:
320 62A-4a-109, as last amended by Laws of Utah 2009, Chapter 75
321 62A-4a-114, as last amended by Laws of Utah 2021, Chapter 262
322 62A-4a-119, as last amended by Laws of Utah 2009, Chapter 75
323 62A-4a-120, as last amended by Laws of Utah 2008, Chapter 382
324 62A-4a-205.5, as last amended by Laws of Utah 2021, Chapter 262
325 62A-4a-206.1, as last amended by Laws of Utah 2007, Chapter 169
326 62A-4a-301, as last amended by Laws of Utah 2008, Chapter 299
327 62A-4a-302, as last amended by Laws of Utah 2016, Chapter 231
328 62A-4a-303, as last amended by Laws of Utah 2009, Chapter 75
329 62A-4a-304, as last amended by Laws of Utah 2008, Chapters 299 and 382
330 62A-4a-305, as last amended by Laws of Utah 2009, Chapter 75
331 62A-4a-306, as last amended by Laws of Utah 2009, Chapter 75
332 62A-4a-307, as renumbered and amended by Laws of Utah 1994, Chapter 260
333 62A-4a-308, as renumbered and amended by Laws of Utah 1994, Chapter 260
334 62A-4a-310, as last amended by Laws of Utah 2010, Chapter 278
335 62A-4a-402, as last amended by Laws of Utah 2021, Chapter 231
336 62A-4a-601, as last amended by Laws of Utah 2017, Chapters 148 and 401
337 62A-4a-609, as enacted by Laws of Utah 2017, Chapter 401
338 62A-4a-901, as enacted by Laws of Utah 2001, Chapter 115
339 62A-4a-904, as enacted by Laws of Utah 2001, Chapter 115
340 62A-4a-1001, as enacted by Laws of Utah 2006, Chapter 77
341 62A-4a-1002, as last amended by Laws of Utah 2018, Chapter 415
342 62A-4a-1004, as enacted by Laws of Utah 2006, Chapter 77
343 63M-10-101, as renumbered and amended by Laws of Utah 2008, Chapter 382
344 63M-10-201, as last amended by Laws of Utah 2016, Chapter 144
345 80-1-101, as enacted by Laws of Utah 2021, Chapter 261
346 80-2-101, as enacted by Laws of Utah 2021, Chapter 261
347 80-3-101, as enacted by Laws of Utah 2021, Chapter 261
348 80-4-101, as renumbered and amended by Laws of Utah 2021, Chapter 261
349 80-5-101, as enacted by Laws of Utah 2021, Chapter 261
350 80-6-101, as enacted by Laws of Utah 2021, Chapter 261
351 80-7-101, as enacted by Laws of Utah 2021, Chapter 261
352 Utah Code Sections Affected by Coordination Clause:
353 62A-2-108.6, Utah Code Annotated 1953
354 62A-2-126, Utah Code Annotated 1953
355 76-7-205, Utah Code Annotated 1953
356 80-2-701, Utah Code Annotated 1953
357 80-2-702, Utah Code Annotated 1953
358 80-2-704, Utah Code Annotated 1953
359 80-2a-101, Utah Code Annotated 1953
360 80-2a-301, Utah Code Annotated 1953
361
362 Be it enacted by the Legislature of the state of Utah:
363 Section 1. Section 26-18-701 is enacted to read:
364
365 26-18-701. Definitions.
366 As used in this part:
367 (1) "Adoption assistance" means the same as that term is defined in Section 80-2-809.
368 (2) "Adoption assistance agreement" means the same as that term is defined in Section
369 80-2-809.
370 (3) "Adoption assistance interstate compact" means an agreement executed by the
371 Division of Child and Family Services with any other state in accordance with Section
372 80-2-809.
373 Section 2. Section 26-18-702 is enacted to read:
374 26-18-702. Division and Department of Workforce Services compliance with
375 adoption assistance interstate compact.
376 The division and the Department of Workforce Services shall:
377 (1) cooperate with the Division of Child and Family Services in regards to an adoption
378 assistance interstate compact; and
379 (2) comply with an adoption assistance interstate compact.
380 Section 3. Section 26-18-703, which is renumbered from Section 62A-4a-709 is
381 renumbered and amended to read:
382 [
383 of Workforce Services under adoption assistance interstate compact -- Penalty for
384 fraudulent claim.
385 [
386 [
387
388
389 [
390
391
392 [
393
394 [
395
396
397 [
398 assistance interstate compact is entitled to receive medical assistance [
399
400 Services [
401 child's adoption assistance agreement with [
402 Workforce Services.
403 (b) The adoptive [
404 annually provide [
405 evidence[
406 [
407 Services shall consider the [
408 under this section as [
409 recipient of medical assistance [
410 executed by the [
411 [
412
413 (3) (a) A person may not submit a claim for payment or reimbursement under this
414 section that the person knows is false, misleading, or fraudulent.
415 (b) A violation of Subsection (3)(a) is a third degree felony.
416 Section 4. Section 36-33-101 is enacted to read:
417
418 36-33-101. Definitions.
419 As used in this chapter:
420 (1) "Department" means the Department of Human Services created in Section
421 62A-1-102.
422 (2) "Division" means the Division of Child and Family Services created in Section
423 80-2-201.
424 (3) "Panel" means the Child Welfare Legislative Oversight Panel created in Section
425 36-33-102.
426 Section 5. Section 36-33-102 is enacted to read:
427 36-33-102. Child Welfare Legislative Oversight Panel -- Creation -- Membership
428 -- Interim rules -- Per diem -- Staff support.
429 (1) There is created the Child Welfare Legislative Oversight Panel composed of the
430 following members:
431 (a) two members of the Senate, one from the majority party and one from the minority
432 party, appointed by the president of the Senate; and
433 (b) three members of the House of Representatives, two from the majority party and
434 one from the minority party, appointed by the speaker of the House of Representatives.
435 (2) (a) The president of the Senate shall designate one of the senators appointed to the
436 panel under Subsection (1) as the Senate chair of the panel.
437 (b) The speaker of the House of Representatives shall designate one of the
438 representatives appointed to the panel under Subsection (1) as the House chair of the panel.
439 (3) (a) A member of the panel shall serve for two-year terms, or until the member's
440 successor is appointed.
441 (b) (i) A vacancy occurs when a member ceases to be a member of the Legislature, or
442 when a member resigns from the panel.
443 (ii) If a vacancy occurs in the membership of the panel, the replacement shall be
444 appointed for the unexpired term in the same manner as the vacated member was appointed.
445 (4) The panel shall follow the interim committee rules established by the Legislature.
446 (5) A member of the panel who is a legislator may be compensated in accordance with
447 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
448 (6) (a) The Office of Legislative Research and General Counsel shall provide staff
449 support to the panel.
450 (b) The panel is authorized to employ additional professional assistance and other staff
451 members as the panel considers necessary and appropriate.
452 Section 6. Section 36-33-103, which is renumbered from Section 62A-4a-207 is
453 renumbered and amended to read:
454 [
455 confidentiality.
456 [
457
458 [
459
460 [
461
462 [
463
464 [
465
466
467 [
468
469
470
471 [
472 [
473 (a) examine and observe the process and execution of laws governing the child welfare
474 system by the executive branch and the judicial branch;
475 (b) upon request, receive testimony from the public, the juvenile court, [
476
477 [
478
479 school district;
480 (c) before October 1 of each year, receive a report from the [
481 Administrative Office of the Courts identifying the cases not in compliance with the time limits
482 established in the following sections, and the reasons for noncompliance:
483 (i) Subsection 80-3-301(1), regarding shelter hearings;
484 (ii) Section 80-3-401, regarding pretrial and adjudication hearings;
485 (iii) Section 80-3-402, regarding dispositional hearings;
486 [
487 services; and
488 [
489 termination;
490 (d) receive recommendations from, and make recommendations to the governor, the
491 Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile
492 court, and the public;
493 (e) (i) receive reports from the [
494 Administrative Office of the Courts on budgetary issues impacting the child welfare system;
495 and
496 (ii) before December 1 of each year, recommend, as the panel considers advisable,
497 budgetary proposals to the Social Services Appropriations Subcommittee and the Executive
498 Offices and Criminal Justice Appropriations Subcommittee[
499
500 (f) study and recommend [
501 system;
502 (g) study actions the state can take to preserve, unify, and strengthen the child's family
503 ties whenever possible in the child's best interest, including recognizing the constitutional
504 rights and claims of parents [
505 (h) perform [
506 the panel considers appropriate; and
507 (i) annually report the panel's findings and recommendations to the president of the
508 Senate, the speaker of the House of Representatives, the Health and Human Services Interim
509 Committee, and the Judiciary Interim Committee.
510 [
511 (i) review and discuss individual child welfare cases[
512 [
513
514 (ii) make recommendations to the Legislature, the governor, the Board of Juvenile
515 Court Judges, the division, and any other statutorily created entity related to the policies and
516 procedures of the child welfare system; and
517 (iii) hold public hearings, as the panel considers advisable, in various locations within
518 the state to afford all interested persons an opportunity to appear and present the persons' views
519 regarding the child welfare system.
520 (b) (i) If the panel discusses an individual child welfare case, the panel shall close the
521 panel's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
522 [
523 welfare case, the panel shall make reasonable efforts to identify and consider the concerns of
524 all parties to the case.
525 (iii) The panel may not make recommendations to the court, the division, or any other
526 public or private entity regarding the disposition of an individual child welfare case.
527 [
528
529
530
531
532 [
533
534
535 [
536 the panel regarding an individual child welfare case:
537 (i) is classified as private[
538 (ii) may be disclosed only in accordance with federal law and [
539 63G, Chapter 2, Government Records Access and Management Act.
540 (b) (i) The panel shall have access to all of the division's records, including [
541 records regarding individual child welfare cases.
542 (ii) In accordance with Title 63G, Chapter 2, Government Records Access and
543 Management Act, all documents and information received by the panel from the division shall
544 maintain the same classification under Title 63G, Chapter 2, Government Records Access and
545 Management Act, that was designated by the division.
546 [
547 the panel has:
548 (a) all powers granted to legislative interim committees in Section 36-12-11; and
549 (b) legislative subpoena powers under [
550 Powers.
551 [
552
553
554 [
555
556 [
557
558 Section 7. Section 62A-2-101 is amended to read:
559 62A-2-101. Definitions.
560 As used in this chapter:
561 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
562 [
563 (a) for three or more adults for at least four but less than 24 hours a day; and
564 (b) that meets the needs of functionally impaired adults through a comprehensive
565 program that provides a variety of health, social, recreational, and related support services in a
566 protective setting.
567 [
568 renewal under this chapter.
569 [
570 (i) affiliated with a licensee as an owner, director, member of the governing body,
571 employee, agent, provider of care, department contractor, or volunteer; or
572 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
573 [
574 (b) "Associated with the licensee" does not include:
575 (i) service on the following bodies, unless that service includes direct access to a child
576 or a vulnerable adult:
577 (A) a local mental health authority described in Section 17-43-301;
578 (B) a local substance abuse authority described in Section 17-43-201; or
579 (C) a board of an organization operating under a contract to provide mental health or
580 substance abuse programs, or services for the local mental health authority or substance abuse
581 authority; or
582 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
583 at all times.
584 [
585 (i) uses a regionally accredited education program;
586 (ii) provides a residence to the school's students:
587 (A) for the purpose of enabling the school's students to attend classes at the school; and
588 (B) as an ancillary service to educating the students at the school;
589 (iii) has the primary purpose of providing the school's students with an education, as
590 defined in Subsection [
591 (iv) (A) does not provide the treatment or services described in Subsection [
592 (38)(a); or
593 (B) provides the treatment or services described in Subsection [
594 limited basis, as described in Subsection [
595 (b) (i) For purposes of Subsection [
596 for one or more of grades kindergarten through 12th grade.
597 (ii) For purposes of Subsection [
598 treatment or services described in Subsection [
599 (A) the treatment or services described in Subsection [
600 as an incidental service to a student; and
601 (B) the school does not:
602 (I) specifically solicit a student for the purpose of providing the treatment or services
603 described in Subsection [
604 (II) have a primary purpose of providing the treatment or services described in
605 Subsection [
606 (c) "Boarding school" does not include a therapeutic school.
607 [
608 [
609 any child, temporarily or permanently, for the purpose of:
610 (a) finding a person to adopt the child;
611 (b) placing the child in a home for adoption; or
612 (c) foster home placement.
613 [
614 [
615 licensee.
616 [
617 to a child:
618 (a) an outdoor youth program;
619 (b) a residential support program;
620 (c) a residential treatment program; or
621 (d) a therapeutic school.
622 [
623 (a) a client less than 24 hours a day; and
624 (b) four or more persons who:
625 (i) are unrelated to the owner or provider; and
626 (ii) have emotional, psychological, developmental, physical, or behavioral
627 dysfunctions, impairments, or chemical dependencies.
628 [
629 [
630 (a) provides services under a contract with the department; and
631 (b) due to the contract with the department, has or will likely have direct access to a
632 child or vulnerable adult.
633 [
634 (a) contact with or access to a child or vulnerable adult that provides the individual
635 with an opportunity for personal communication or touch; or
636 (b) an opportunity to view medical, financial, or other confidential personal identifying
637 information of the child, the child's parents or legal guardians, or the vulnerable adult.
638 [
639 the uninterrupted visual and auditory surveillance of another individual who has a current
640 background screening approval issued by the office.
641 [
642 [
643 77-36-1.
644 [
645 designed to provide psychological treatment and educational services to perpetrators and
646 victims of domestic violence.
647 [
648 [
649 [
650
651 [
652 31A-1-301.
653 [
654 78B-3-403.
655 [
656 31A-22-615.5.
657 [
658 (i) a foster home;
659 (ii) a therapeutic school;
660 (iii) a youth program;
661 (iv) an outdoor youth program;
662 (v) a residential treatment program;
663 (vi) a residential support program;
664 (vii) a resource family home;
665 (viii) a recovery residence; or
666 (ix) a facility or program that provides:
667 (A) adult day care;
668 (B) day treatment;
669 (C) outpatient treatment;
670 (D) domestic violence treatment;
671 (E) child-placing services;
672 (F) social detoxification; or
673 (G) any other human services that are required by contract with the department to be
674 licensed with the department.
675 (b) "Human services program" does not include:
676 (i) a boarding school; or
677 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
678 [
679 1903.
680 [
681 1151.
682 [
683 1903.
684 [
685 treatment or care for an individual who:
686 (a) cannot live independently or in a less restrictive environment; and
687 (b) requires, without the individual's consent or control, the use of locked doors to care
688 for the individual.
689 [
690 the office.
691 [
692 [
693 [
694 Services.
695 [
696 (a) services to a child that has:
697 (i) a chemical dependency; or
698 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
699 physical, or behavioral;
700 (b) a 24-hour outdoor group living environment; and
701 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
702 (ii) informal therapy or similar services, including wilderness therapy, adventure
703 therapy, or outdoor behavioral healthcare.
704 [
705 counseling designed to improve and enhance social or psychological functioning for those
706 whose physical and emotional status allows them to continue functioning in their usual living
707 environment.
708 [
709 providers legally organized as a partnership, professional corporation, or similar association,
710 for which:
711 (a) substantially all of the services of the health care providers who are members of the
712 group are provided through the group and are billed in the name of the group and amounts
713 received are treated as receipts of the group; and
714 (b) the overhead expenses of and the income from the practice are distributed in
715 accordance with methods previously determined by members of the group.
716 [
717 into a contract with a congregate care program for the child to receive services.
718 [
719 least two of the following requirements:
720 (i) provides a supervised living environment for individuals recovering from a
721 substance use disorder;
722 (ii) provides a living environment in which more than half of the individuals in the
723 residence are recovering from a substance use disorder;
724 (iii) provides or arranges for residents to receive services related to their recovery from
725 a substance use disorder, either on or off site;
726 (iv) is held out as a living environment in which individuals recovering from substance
727 abuse disorders live together to encourage continued sobriety; or
728 (v) (A) receives public funding; or
729 (B) is run as a business venture, either for-profit or not-for-profit.
730 (b) "Recovery residence" does not mean:
731 (i) a residential treatment program;
732 (ii) residential support program; or
733 (iii) a home, residence, or facility, in which:
734 (A) residents, by their majority vote, establish, implement, and enforce policies
735 governing the living environment, including the manner in which applications for residence are
736 approved and the manner in which residents are expelled;
737 (B) residents equitably share rent and housing-related expenses; and
738 (C) a landlord, owner, or operator does not receive compensation, other than fair
739 market rental income, for establishing, implementing, or enforcing policies governing the
740 living environment.
741 [
742 (a) the hours during which services of any kind are provided to a client; or
743 (b) the hours during which a client is present at the facility of a licensee.
744 [
745 provides the necessities of life as a protective service to individuals or families who have a
746 disability or who are experiencing a dislocation or emergency that prevents them from
747 providing these services for themselves or their families.
748 (b) "Residential support program" includes a program that provides a supervised living
749 environment for individuals with dysfunctions or impairments that are:
750 (i) emotional;
751 (ii) psychological;
752 (iii) developmental; or
753 (iv) behavioral.
754 (c) Treatment is not a necessary component of a residential support program.
755 (d) "Residential support program" does not include:
756 (i) a recovery residence; or
757 (ii) a program that provides residential services that are performed:
758 (A) exclusively under contract with the department and provided to individuals through
759 the Division of Services for People with Disabilities; or
760 (B) in a facility that serves fewer than four individuals.
761 [
762 four or more individuals unrelated to the owner or provider that offers room or board and
763 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
764 habilitation services for persons with emotional, psychological, developmental, or behavioral
765 dysfunctions, impairments, or chemical dependencies.
766 (b) "Residential treatment" does not include a:
767 (i) boarding school;
768 (ii) foster home; or
769 (iii) recovery residence.
770 [
771 (a) residential treatment; or
772 (b) intermediate secure treatment.
773 [
774 or an area:
775 (a) away from the individual's peers; and
776 (b) in a manner that physically prevents the individual from leaving the room or area.
777 [
778 who are experiencing or have recently experienced drug or alcohol intoxication, that are
779 provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
780 Facility Licensing and Inspection Act, and that include:
781 (a) room and board for persons who are unrelated to the owner or manager of the
782 facility;
783 (b) specialized rehabilitation to acquire sobriety; and
784 (c) aftercare services.
785 [
786 "substance use disorder" is defined in Section 62A-15-1202.
787 [
788 program" means a program:
789 (a) designed to provide:
790 (i) specialized drug or alcohol treatment;
791 (ii) rehabilitation; or
792 (iii) habilitation services; and
793 (b) that provides the treatment or services described in Subsection [
794 persons with:
795 (i) a diagnosed substance use disorder; or
796 (ii) chemical dependency disorder.
797 [
798 (a) for four or more individuals that are not related to:
799 (i) the owner of the facility; or
800 (ii) the primary service provider of the facility;
801 (b) that serves students who have a history of failing to function:
802 (i) at home;
803 (ii) in a public school; or
804 (iii) in a nonresidential private school; and
805 (c) that offers:
806 (i) room and board; and
807 (ii) an academic education integrated with:
808 (A) specialized structure and supervision; or
809 (B) services or treatment related to:
810 (I) a disability;
811 (II) emotional development;
812 (III) behavioral development;
813 (IV) familial development; or
814 (V) social development.
815 [
816 grandparents, brothers, sisters, uncles, or aunts.
817 [
818 permanent mental or physical impairment that substantially affects the person's ability to:
819 (a) provide personal protection;
820 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
821 (c) obtain services necessary for health, safety, or welfare;
822 (d) carry out the activities of daily living;
823 (e) manage the adult's own resources; or
824 (f) comprehend the nature and consequences of remaining in a situation of abuse,
825 neglect, or exploitation.
826 [
827 substance abuse, or mental health services to minors that:
828 (i) serves adjudicated or nonadjudicated youth;
829 (ii) charges a fee for its services;
830 (iii) may provide host homes or other arrangements for overnight accommodation of
831 the youth;
832 (iv) may provide all or part of its services in the outdoors;
833 (v) may limit or censor access to parents or guardians; and
834 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
835 minor's own free will.
836 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
837 Scouts, 4-H, and other such organizations.
838 Section 8. Section 62A-2-108.6, which is renumbered from Section 62A-4a-602 is
839 renumbered and amended to read:
840 [
841 Prohibited acts.
842 (1) As used in this section:
843 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
844 made in connection with a solicitation of business.
845 (ii) "Advertisement" includes a statement or representation described in Subsection
846 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
847 circular, billboard, banner, Internet website, social media, or sign.
848 (b) "Clearly and conspicuously disclose" means the same as that term is defined in
849 Section 13-11a-2.
850 (c) (i) "Matching advertisement" means any written, oral, or graphic statement or
851 representation made in connection with a solicitation of business to provide the assistance
852 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
853 described in Subsection (3)(a)(ii).
854 (ii) "Matching advertisement" includes a statement or representation described in
855 Subsection (1)(c)(i) by a noncable television system, radio, printed brochure, newspaper,
856 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
857 (2) (a) A person may not engage in child placing, or solicit money or other assistance
858 for child placing, without a valid license issued by the [
859 accordance with [
860 (b) [
861 with [
862 control, or custody of [
863 Division of Child and Family Services.
864 (3) (a) (i) An attorney, physician, or other person may assist a parent in identifying or
865 locating a person interested in adopting the parent's child, or in identifying or locating a child to
866 be adopted.
867 (ii) No payment, charge, fee, reimbursement of expense, or exchange of value of any
868 kind, or promise or agreement to make the same, may be made for the assistance described in
869 Subsection (3)(a)(i).
870 (b) An attorney, physician, or other person may not:
871 (i) issue or cause to be issued to any person a card, sign, or device indicating that the
872 attorney, physician, or other person is available to provide the assistance described in
873 Subsection (3)(a)(i);
874 (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
875 or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
876 any building or structure;
877 (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
878 physician, or other person is available to provide the assistance described in Subsection
879 (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
880 website relating to a business;
881 (iv) announce, cause, permit, or allow a matching advertisement; or
882 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
883 attorney, physician, or other person is available to provide the assistance described in
884 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
885 following terms:
886 (A) "comprehensive";
887 (B) "complete";
888 (C) "one-stop";
889 (D) "all-inclusive"; or
890 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
891 (D).
892 (c) An attorney, physician, or other person who is not licensed by the [
893
894 media advertisement or written contract regarding adoption services or adoption-related
895 services that the attorney, physician, or other person is not licensed to provide adoption
896 services by the [
897 [
898 (4) This section does not:
899 (a) [
900 rendered in connection with the care of a mother, delivery and care of a child, or lawful
901 adoption proceedings; or
902 (b) [
903 by law.
904 (5) In accordance with federal law, only [
905
906 Services or of a licensed child-placing agency may certify to [
907
908 meets the [
909 (6) [
910
911 child for adoption, either temporarily or permanently, with any individual [
912 would not be qualified for adoptive placement [
913 [
914 [
915
916
917
918
919
920 [
921
922
923
924
925 Section 9. Section 62A-2-115.1, which is renumbered from Section 62A-4a-603 is
926 renumbered and amended to read:
927 [
928 child placing -- Enforcement by county attorney or attorney general.
929 (1) The [
930 person may commence an action in district court to enjoin any person, agency, firm,
931 corporation, or association from violating Section [
932 (2) The [
933 (a) solicit information from the public relating to violations of Section [
934 62A-2-108.6; and
935 (b) upon identifying a violation of Section [
936 (i) send a written notice to the person who violated Section [
937 that describes the alleged violation; and
938 (ii) notify the following persons of the alleged violation:
939 (A) the local county attorney; and
940 (B) the Division of Occupational and Professional Licensing.
941 (3) (a) A county attorney or the attorney general shall institute legal action as necessary
942 to enforce the provisions of Section [
943 alleged violation.
944 (b) If a county attorney does not take action within 30 days after the day on which the
945 county attorney is informed of an alleged violation of Section [
946 attorney general may be requested to take action, and shall then institute legal proceedings in
947 place of the county attorney.
948 (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
949 agency, firm, corporation, or association found to be in violation of Section [
950 62A-2-108.6 shall forfeit all proceeds identified as resulting from the transaction, and may also
951 be assessed a civil penalty of not more than $10,000 for each violation.
952 (b) Each act in violation of Section [
953 placement or attempted placement of a child, is a separate violation.
954 (5) (a) [
955 (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund
956 if the attorney general prosecutes.
957 (b) If two or more governmental entities are involved in the prosecution, the court shall
958 apportion the penalty [
959 according to [
960 (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
961 is a lien when recorded in the judgment docket, and has the same effect and is subject to the
962 same rules as a judgment for money in a civil action.
963 Section 10. Section 62A-2-115.2, which is renumbered from Section 62A-4a-605 is
964 renumbered and amended to read:
965 [
966 proceeding.
967 A child-placing agency is not required to present [
968
969 chapter, the child placing agency's certificate of incorporation, or proof of [
970 child-placing agency's authority to consent to adoption, as proof of [
971 agency's authority in any proceeding in which [
972 party, unless the court or a party to the proceeding requests that the child-placing agency or
973 [
974 Section 11. Section 62A-2-126, which is renumbered from Section 62A-4a-607 is
975 renumbered and amended to read:
976 [
977 potential adoptive parents.
978 [
979 (1) As used in this section, "high needs child" means a child who:
980 (a) has an attachment or trauma-related disorder;
981 (b) suffered from prenatal exposure to alcohol or drugs;
982 (c) is the subject of an intercountry adoption;
983 (d) was previously adopted; or
984 (e) is in foster care.
985 (2) A child-placing agency licensed under this chapter shall:
986 (a) promote adoption [
987 for a child[
988
989
990 [
991
992
993 [
994
995
996 [
997 (b) inform each potential adoptive parent with whom [
998 working [
999 (i) that children in the custody of the state are available for adoption;
1000 (ii) that Medicaid coverage for medical, dental, and mental health services may be
1001 available for [
1002 (iii) that tax benefits, including the tax credit provided for in Section 59-10-1104, and
1003 financial assistance may be available to defray the costs of adopting [
1004 the custody of the state;
1005 (iv) that training and ongoing support may be available to the [
1006
1007 (v) that information about [
1008 is available for adoption may be obtained by contacting the [
1009
1010 the Division of Child and Family Services's website; and
1011 (vi) how to contact the Division of Child and Family Services and access the Division
1012 of Child and Family Services's website; and
1013 [
1014 [
1015
1016 [
1017 described in Subsection (2)(b) to a potential adoptive parent, distribute a copy of the pamphlet
1018 prepared by the [
1019 Services under Section 80-2-803 to the potential adoptive parent.
1020 (3) Before the day on which a child-placing agency refers a high needs child for
1021 adoption or enters into a contract to provide adoption services to a potential adoptive parent of
1022 a high needs child, the child-placing agency shall ensure that the potential adoptive parent
1023 receives, at a minimum:
1024 (a) to the extent available, the following information:
1025 (i) a social history of the high needs child to be adopted, including:
1026 (A) a history of the high needs child's cultural, racial, religious, ethnic, linguistic, and
1027 educational background; and
1028 (B) any conditions in the high needs child's country of origin, if applicable, to which
1029 the child may have been exposed and that may have an impact on the child's physical or mental
1030 health; and
1031 (ii) a record of the high needs child's:
1032 (A) physical health, mental health, behavioral issues, or exposure to trauma, including
1033 whether the child-placing agency knows or suspects that the high needs child has been exposed
1034 to alcohol or drugs in utero; and
1035 (B) history of institutionalization or previous adoptive or foster placements and, if
1036 applicable, the reason a previous placement was terminated; and
1037 (b) training on the following issues:
1038 (i) the impact leaving familiar ties and surroundings may have on a high needs child,
1039 and the grief, loss, and identity issues that a high needs child may experience in adoption;
1040 (ii) the potential impact of an institutional setting on a high needs child;
1041 (iii) attachment disorders, trauma-related disorders, fetal alcohol spectrum disorders,
1042 and other emotional problems that a high needs child may suffer, particularly when the high
1043 needs child has been institutionalized, traumatized, or cared for by multiple caregivers;
1044 (iv) the general characteristics of a successful adoption placement, including
1045 information on the financial resources, time, and insurance coverage necessary for handling the
1046 adoptive family's and the high needs child's adjustment following placement;
1047 (v) the medical, therapeutic, and educational needs a high needs child may require,
1048 including language acquisition training;
1049 (vi) how to access post-placement and post-adoption services that may assist the family
1050 to respond effectively to adjustment, behavioral, and other difficulties that may arise after the
1051 high needs child is placed or adopted;
1052 (vii) issues that may lead to the disruption of an adoptive placement or the dissolution
1053 of an adoption, including how an adoptive parent may access resources to avoid disruption or
1054 dissolution;
1055 (viii) the long-term implications for a family that becomes multicultural through
1056 adoption;
1057 (ix) for a potential adoptive parent who is seeking to adopt two or more unrelated
1058 children, the differing needs of children based on the children's respective ages, backgrounds,
1059 length of time outside of family care, and the time management requirements and other
1060 challenges that may be presented in a multi-child adoption; and
1061 (x) the prohibition against an unregulated custody transfer of a child under Section
1062 76-7-205.
1063 [
1064 [
1065 complied with [
1066 [
1067 [
1068
1069 [
1070
1071 [
1072
1073 Section 12. Section 62A-2-127, which is renumbered from Section 62A-4a-606 is
1074 renumbered and amended to read:
1075 [
1076 educational services -- Payment of costs.
1077 (1) A child-placing agency shall ensure that the requirements of Subsections
1078 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational
1079 services for all children served in the state by the child-placing agency.
1080 [
1081 (2) (a) If the educational services described in Subsection (1) are provided through a
1082 public school and the custodial parent or legal guardian resides outside the state, [
1083
1084 53G-6-306 and 53G-7-503[
1085 (b) If the educational services described in Subsection (1) are provided through a
1086 public school and the custodial parent or legal guardian resides within the state, then the [
1087
1088 (3) [
1089 exempt from the payment of fees required under Subsection (2).
1090 (4) A public school shall admit any child living within [
1091 boundaries who is under the supervision of a [
1092 payment by the child-placing agency of the tuition and fees required under Subsection (2).
1093 Section 13. Section 62A-4a-101.5 is enacted to read:
1094
1095 62A-4a-101.5. Juvenile services.
1096 Title 80, Utah Juvenile Code, governs the services provided by the Division of Juvenile
1097 Justice Services and the Division of Child and Family Services within the department.
1098 Section 14. Section 62A-4a-1003.5 is enacted to read:
1099 62A-4a-1003.5. Use of Management Information System information at request of
1100 the Office of Guardian Ad Litem.
1101 Notwithstanding Section 62A-4a-1003(6)(c), the division may use information in the
1102 Management Information System to screen an individual as described in Subsection
1103 62A-4a-1006(4)(c)(ii)(A) at the request of the Office of Guardian Ad Litem.
1104 Section 15. Section 63G-2-302 is amended to read:
1105 63G-2-302. Private records.
1106 (1) The following records are private:
1107 (a) records concerning an individual's eligibility for unemployment insurance benefits,
1108 social services, welfare benefits, or the determination of benefit levels;
1109 (b) records containing data on individuals describing medical history, diagnosis,
1110 condition, treatment, evaluation, or similar medical data;
1111 (c) records of publicly funded libraries that when examined alone or with other records
1112 identify a patron;
1113 (d) records received by or generated by or for:
1114 (i) the Independent Legislative Ethics Commission, except for:
1115 (A) the commission's summary data report that is required under legislative rule; and
1116 (B) any other document that is classified as public under legislative rule; or
1117 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1118 unless the record is classified as public under legislative rule;
1119 (e) records received by, or generated by or for, the Independent Executive Branch
1120 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1121 of Executive Branch Ethics Complaints;
1122 (f) records received or generated for a Senate confirmation committee concerning
1123 character, professional competence, or physical or mental health of an individual:
1124 (i) if, prior to the meeting, the chair of the committee determines release of the records:
1125 (A) reasonably could be expected to interfere with the investigation undertaken by the
1126 committee; or
1127 (B) would create a danger of depriving a person of a right to a fair proceeding or
1128 impartial hearing; and
1129 (ii) after the meeting, if the meeting was closed to the public;
1130 (g) employment records concerning a current or former employee of, or applicant for
1131 employment with, a governmental entity that would disclose that individual's home address,
1132 home telephone number, social security number, insurance coverage, marital status, or payroll
1133 deductions;
1134 (h) records or parts of records under Section 63G-2-303 that a current or former
1135 employee identifies as private according to the requirements of that section;
1136 (i) that part of a record indicating a person's social security number or federal employer
1137 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1138 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1139 (j) that part of a voter registration record identifying a voter's:
1140 (i) driver license or identification card number;
1141 (ii) social security number, or last four digits of the social security number;
1142 (iii) email address;
1143 (iv) date of birth; or
1144 (v) phone number;
1145 (k) a voter registration record that is classified as a private record by the lieutenant
1146 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
1147 20A-2-204(4)(b);
1148 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
1149 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
1150 verification submitted in support of the form;
1151 (n) a record that:
1152 (i) contains information about an individual;
1153 (ii) is voluntarily provided by the individual; and
1154 (iii) goes into an electronic database that:
1155 (A) is designated by and administered under the authority of the Chief Information
1156 Officer; and
1157 (B) acts as a repository of information about the individual that can be electronically
1158 retrieved and used to facilitate the individual's online interaction with a state agency;
1159 (o) information provided to the Commissioner of Insurance under:
1160 (i) Subsection 31A-23a-115(3)(a);
1161 (ii) Subsection 31A-23a-302(4); or
1162 (iii) Subsection 31A-26-210(4);
1163 (p) information obtained through a criminal background check under Title 11, Chapter
1164 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1165 (q) information provided by an offender that is:
1166 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1167 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
1168 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1169 77-43-108(4);
1170 (r) a statement and any supporting documentation filed with the attorney general in
1171 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1172 homeland security;
1173 (s) electronic toll collection customer account information received or collected under
1174 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1175 collected by a public transit district, including contact and payment information and customer
1176 travel data;
1177 (t) an email address provided by a military or overseas voter under Section
1178 20A-16-501;
1179 (u) a completed military-overseas ballot that is electronically transmitted under Title
1180 20A, Chapter 16, Uniform Military and Overseas Voters Act;
1181 (v) records received by or generated by or for the Political Subdivisions Ethics Review
1182 Commission established in Section 63A-15-201, except for:
1183 (i) the commission's summary data report that is required in Section 63A-15-202; and
1184 (ii) any other document that is classified as public in accordance with Title 63A,
1185 Chapter 15, Political Subdivisions Ethics Review Commission;
1186 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
1187 an incident or threat;
1188 (x) a criminal background check or credit history report conducted in accordance with
1189 Section 63A-3-201;
1190 (y) a record described in Subsection 53-5a-104(7);
1191 (z) on a record maintained by a county for the purpose of administering property taxes,
1192 an individual's:
1193 (i) email address;
1194 (ii) phone number; or
1195 (iii) personal financial information related to a person's payment method;
1196 (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
1197 exemption, deferral, abatement, or relief under:
1198 (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
1199 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
1200 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
1201 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions; [
1202 (bb) a record provided by the State Tax Commission in response to a request under
1203 Subsection 59-1-403(4)(y)(iii)[
1204 (cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
1205 child welfare case, as described in Subsection 36-33-103(3).
1206 (2) The following records are private if properly classified by a governmental entity:
1207 (a) records concerning a current or former employee of, or applicant for employment
1208 with a governmental entity, including performance evaluations and personal status information
1209 such as race, religion, or disabilities, but not including records that are public under Subsection
1210 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1211 (b) records describing an individual's finances, except that the following are public:
1212 (i) records described in Subsection 63G-2-301(2);
1213 (ii) information provided to the governmental entity for the purpose of complying with
1214 a financial assurance requirement; or
1215 (iii) records that must be disclosed in accordance with another statute;
1216 (c) records of independent state agencies if the disclosure of those records would
1217 conflict with the fiduciary obligations of the agency;
1218 (d) other records containing data on individuals the disclosure of which constitutes a
1219 clearly unwarranted invasion of personal privacy;
1220 (e) records provided by the United States or by a government entity outside the state
1221 that are given with the requirement that the records be managed as private records, if the
1222 providing entity states in writing that the record would not be subject to public disclosure if
1223 retained by it;
1224 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1225 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1226 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1227 (g) audio and video recordings created by a body-worn camera, as defined in Section
1228 77-7a-103, that record sound or images inside a home or residence except for recordings that:
1229 (i) depict the commission of an alleged crime;
1230 (ii) record any encounter between a law enforcement officer and a person that results in
1231 death or bodily injury, or includes an instance when an officer fires a weapon;
1232 (iii) record any encounter that is the subject of a complaint or a legal proceeding
1233 against a law enforcement officer or law enforcement agency;
1234 (iv) contain an officer involved critical incident as defined in Subsection
1235 76-2-408(1)(f); or
1236 (v) have been requested for reclassification as a public record by a subject or
1237 authorized agent of a subject featured in the recording.
1238 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1239 records, statements, history, diagnosis, condition, treatment, and evaluation.
1240 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1241 doctors, or affiliated entities are not private records or controlled records under Section
1242 63G-2-304 when the records are sought:
1243 (i) in connection with any legal or administrative proceeding in which the patient's
1244 physical, mental, or emotional condition is an element of any claim or defense; or
1245 (ii) after a patient's death, in any legal or administrative proceeding in which any party
1246 relies upon the condition as an element of the claim or defense.
1247 (c) Medical records are subject to production in a legal or administrative proceeding
1248 according to state or federal statutes or rules of procedure and evidence as if the medical
1249 records were in the possession of a nongovernmental medical care provider.
1250 Section 16. Section 63I-2-262 is amended to read:
1251 63I-2-262. Repeal dates -- Title 62A.
1252 (1) Section 62A-4a-1003.5, relating to the Management Information System, is
1253 repealed September 1, 2022.
1254 [
1255 [
1256 [
1257 [
1258 repealed January 1, 2023.
1259 Section 17. Section 76-7-205, which is renumbered from Section 62A-4a-711 is
1260 renumbered and amended to read:
1261
1262 [
1263 Penalty.
1264 (1) An individual or entity [
1265 unregulated custody transfer, as defined in Section 80-1-102[
1266 (2) A violation of Subsection (1) is a class B misdemeanor.
1267 Section 18. Section 78A-2-801 is amended to read:
1268 78A-2-801. Definitions.
1269 As used in this [
1270 (1) "Abuse, neglect, or dependency petition" means the same as that term is defined in
1271 Section 80-3-102.
1272 (2) "Attorney guardian ad litem" means an attorney employed by the office.
1273 (3) "Director" means the director of the office.
1274 (4) "Division" means the Division of Child and Family Services created in Section
1275 [
1276 (5) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
1277 guardian ad litem.
1278 (6) "Indigent individual" means the same as that term is defined in Section
1279 78B-22-102.
1280 (7) "Minor" means the same as that term is defined in Section 80-1-102.
1281 (8) "Office" means the Office of Guardian [
1282 78A-2-802.
1283 (9) "Private attorney guardian ad litem" means an attorney designated by the office in
1284 accordance with Section 78A-2-705 who is not an employee of the office.
1285 Section 19. Section 78A-2-802 is amended to read:
1286 78A-2-802. Office of Guardian Ad Litem -- Appointment of director -- Duties of
1287 director -- Contracts in second, third, and fourth districts.
1288 (1) There is created the Office of Guardian [
1289 of the Guardian [
1290 (2) (a) The Guardian [
1291 to serve full time as the guardian ad litem director for the state.
1292 (b) The guardian ad litem director shall:
1293 (i) serve at the pleasure of the Guardian [
1294 consultation with the state court administrator;
1295 (ii) be an attorney licensed to practice law in this state and selected on the basis of:
1296 (A) professional ability;
1297 (B) experience in abuse, neglect, and dependency proceedings;
1298 (C) familiarity with the role, purpose, and function of guardians ad litem in both
1299 juvenile and district courts; and
1300 (D) ability to develop training curricula and reliable methods for data collection and
1301 evaluation; and
1302 (iii) before or immediately after the director's appointment, be trained in nationally
1303 recognized standards for an attorney guardian ad litem.
1304 (3) The guardian ad litem director shall:
1305 (a) establish policy and procedure for the management of a statewide guardian ad litem
1306 program;
1307 (b) manage the guardian ad litem program to assure that a minor receives qualified
1308 guardian ad litem services in an abuse, neglect, [
1309 Chapter 3, Abuse, Neglect, and Dependency Proceedings, in accordance with state and federal
1310 law and policy;
1311 (c) develop standards for contracts of employment and contracts with independent
1312 contractors, and employ or contract with attorneys licensed to practice law in this state, to act
1313 as attorney guardians ad litem in accordance with Section 78A-2-803;
1314 (d) develop and provide training programs for volunteers in accordance with the United
1315 States Department of Justice National Court Appointed Special Advocates Association
1316 standards;
1317 (e) develop and update a guardian ad litem manual that includes:
1318 (i) best practices for an attorney guardian ad litem; and
1319 (ii) statutory and case law relating to an attorney guardian ad litem;
1320 (f) develop and provide a library of materials for the continuing education of attorney
1321 guardians ad litem and volunteers;
1322 (g) educate court personnel regarding the role and function of guardians ad litem;
1323 (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
1324 that guardian ad litem training programs correspond with actual and perceived needs for
1325 training;
1326 (i) design and implement evaluation tools based on specific objectives targeted in the
1327 needs assessments described in Subsection (3)(h);
1328 (j) prepare and submit an annual report to the Guardian ad Litem Oversight Committee
1329 and the Child Welfare Legislative Oversight Panel created in Section [
1330 regarding:
1331 (i) the development, policy, and management of the statewide guardian ad litem
1332 program;
1333 (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
1334 (iii) the number of minors served by the office;
1335 (k) hire, train, and supervise investigators; and
1336 (l) administer the program of private attorney guardians ad litem established [
1337 Section 78A-2-705.
1338 (4) A contract of employment or independent contract described [
1339 (3)(c) shall provide that an attorney guardian ad litem in the second, third, and fourth judicial
1340 districts devote the attorney guardian's ad litem full time and attention to the role of attorney
1341 guardian ad litem, having no clients other than the minors whose interest the attorney guardian
1342 ad litem represents within the guardian ad litem program.
1343 Section 20. Section 78A-2-803 is amended to read:
1344 78A-2-803. Appointment of attorney guardian ad litem -- Duties and
1345 responsibilities -- Training -- Trained staff and court-appointed special advocate
1346 volunteers -- Costs -- Immunity -- Annual report.
1347 (1) (a) The court:
1348 (i) may appoint an attorney guardian ad litem to represent the best interest of a minor
1349 involved in any case before the court; and
1350 (ii) shall consider the best interest of a minor, consistent with the provisions of Section
1351 [
1352 (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a
1353 finding that establishes the necessity of the appointment.
1354 (2) An attorney guardian ad litem shall represent the best interest of each minor who
1355 may become the subject of an abuse, neglect, or dependency petition from the earlier of:
1356 (a) the day on which the minor is removed from the minor's home by the division; or
1357 (b) the day on which the abuse, neglect, or dependency petition is filed.
1358 (3) The director shall ensure that each attorney guardian ad litem employed by the
1359 office:
1360 (a) represents the best interest of each client of the office in all venues, including:
1361 (i) court proceedings; and
1362 (ii) meetings to develop, review, or modify the child and family plan with the division
1363 in accordance with Section [
1364 (b) before representing any minor before the court, be trained in:
1365 (i) applicable statutory, regulatory, and case law; and
1366 (ii) nationally recognized standards for an attorney guardian ad litem;
1367 (c) conducts or supervises an ongoing, independent investigation in order to obtain,
1368 first-hand, a clear understanding of the situation and needs of the minor;
1369 (d) (i) personally meets with the minor, unless:
1370 (A) the minor is outside of the state; or
1371 (B) meeting with the minor would be detrimental to the minor;
1372 (ii) personally interviews the minor, unless:
1373 (A) the minor is not old enough to communicate;
1374 (B) the minor lacks the capacity to participate in a meaningful interview; or
1375 (C) the interview would be detrimental to the minor; and
1376 (iii) if the minor is placed in an out-of-home placement, or is being considered for
1377 placement in an out-of-home placement, unless it would be detrimental to the minor:
1378 (A) to the extent possible, determines the minor's goals and concerns regarding
1379 placement; and
1380 (B) personally assesses or supervises an assessment of the appropriateness and safety
1381 of the minor's environment in each placement;
1382 (e) personally attends all review hearings pertaining to the minor's case;
1383 (f) participates in all appeals, unless excused by order of the court;
1384 (g) is familiar with local experts who can provide consultation and testimony regarding
1385 the reasonableness and appropriateness of efforts made by the division to:
1386 (i) maintain a minor in the minor's home; or
1387 (ii) reunify a minor with a minor's parent;
1388 (h) to the extent possible, and unless it would be detrimental to the minor, personally
1389 or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
1390 (i) the status of the minor's case;
1391 (ii) all court and administrative proceedings;
1392 (iii) discussions with, and proposals made by, other parties;
1393 (iv) court action; and
1394 (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
1395 provided to the minor;
1396 (i) in cases where a child and family plan is required, personally or through a trained
1397 volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
1398 family plan and any dispositional orders to:
1399 (i) determine whether services ordered by the court:
1400 (A) are actually provided; and
1401 (B) are provided in a timely manner; and
1402 (ii) attempt to assess whether services ordered by the court are accomplishing the
1403 intended goal of the services; and
1404 (j) makes all necessary court filings to advance the guardian's ad litem position
1405 regarding the best interest of the minor.
1406 (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
1407 trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
1408 Act, trained paralegals, and other trained staff to assist in investigation and preparation of
1409 information regarding the cases of individual minors before the court.
1410 (b) A volunteer, paralegal, or other staff utilized under this section shall be trained in
1411 and follow, at a minimum, the guidelines established by the United States Department of
1412 Justice Court Appointed Special Advocate Association.
1413 (5) The attorney guardian ad litem shall continue to represent the best interest of the
1414 minor until released from that duty by the court.
1415 (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
1416 (i) all costs resulting from the appointment of an attorney guardian ad litem; and
1417 (ii) the costs of volunteer, paralegal, and other staff appointment and training.
1418 (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
1419 program to cover the costs described in Subsection (6)(a).
1420 (c) (i) When the court appoints an attorney guardian ad litem under this section, the
1421 court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
1422 expenses against the minor's parents, parent, or legal guardian in a proportion that the court
1423 determines to be just and appropriate, taking into consideration costs already borne by the
1424 parents, parent, or legal guardian, including:
1425 (A) private attorney fees;
1426 (B) counseling for the minor;
1427 (C) counseling for the parent, if mandated by the court or recommended by the
1428 division; and
1429 (D) any other cost the court determines to be relevant.
1430 (ii) The court may not assess the fees or costs described in Subsection (6)(c)(i) against:
1431 (A) a legal guardian, when that guardian is the state; or
1432 (B) consistent with Subsection (6)(d), a parent who is found to be an indigent
1433 individual.
1434 (d) For purposes of Subsection (6)(c)(ii)(B), if an individual claims to be an indigent
1435 individual, the court shall:
1436 (i) require the individual to submit an affidavit of indigence as provided in Section
1437 78A-2-302; and
1438 (ii) follow the procedures and make the determinations as provided in Section
1439 78A-2-304.
1440 (e) The minor's parents, parent, or legal guardian may appeal the court's determination,
1441 under Subsection (6)(c), of fees, costs, and expenses.
1442 (7) An attorney guardian ad litem appointed under this section, when serving in the
1443 scope of the attorney guardian's ad litem duties as guardian ad litem is considered an employee
1444 of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
1445 Immunity Act of Utah.
1446 (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
1447 (b) If the minor's wishes differ from the attorney's determination of the minor's best
1448 interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
1449 addition to presenting the attorney's determination of the minor's best interest.
1450 (c) A difference between the minor's wishes and the attorney's determination of best
1451 interest may not be considered a conflict of interest for the attorney.
1452 (d) The guardian ad litem shall disclose the wishes of the minor unless the minor:
1453 (i) instructs the guardian ad litem to not disclose the minor's wishes; or
1454 (ii) has not expressed any wishes.
1455 (e) The court may appoint one attorney guardian ad litem to represent the best interests
1456 of more than one minor of a marriage.
1457 (9) The division shall provide an attorney guardian ad litem access to all division
1458 records regarding the minor at issue and the minor's family.
1459 (10) (a) An attorney guardian ad litem shall conduct an independent investigation
1460 regarding the minor at issue, the minor's family, and what is in the best interest of the minor.
1461 (b) An attorney guardian ad litem may interview the minor's child welfare [
1462 caseworker, but may not:
1463 (i) rely exclusively on the conclusions and findings of the division; or
1464 (ii) except as provided in Subsection (10)(c), conduct a visit with the client in
1465 conjunction with the visit of a child welfare [
1466 (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,
1467 court hearing, or similar venue when a child welfare [
1468 purpose other than the attorney guardian ad litem's meeting with the client.
1469 (ii) A party and the party's counsel may attend a team meeting in accordance with the
1470 Utah Rules of Professional Conduct.
1471 (11) (a) An attorney guardian ad litem shall maintain current and accurate records
1472 regarding:
1473 (i) the number of times the attorney has had contact with each minor; and
1474 (ii) the actions the attorney has taken in representation of the minor's best interest.
1475 (b) In every hearing where the attorney guardian ad litem makes a recommendation
1476 regarding the best interest of the minor, the court shall require the attorney guardian ad litem to
1477 disclose the factors that form the basis of the recommendation.
1478 (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
1479 Chapter 2, Government Records Access and Management Act, all records of an attorney
1480 guardian ad litem are confidential and may not be released or made public upon subpoena,
1481 search warrant, discovery proceedings, or otherwise.
1482 (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
1483 (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
1484 Subpoena Powers; and
1485 (ii) shall be released to the Legislature.
1486 (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
1487 records released in accordance with Subsection (12)(b) as confidential.
1488 (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
1489 General may include summary data and nonidentifying information in the office's audits and
1490 reports to the Legislature.
1491 (d) (i) Subsection (12)(b) is an exception to Rules of Professional Conduct, Rule 1.6,
1492 as provided by Rule 1.6(b)(4), because of:
1493 (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
1494 (B) the state's role and responsibility to provide a guardian ad litem program, and as
1495 parens patriae, to protect minors.
1496 (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
1497 guardian ad litem by the Legislature, through legislative subpoena.
1498 Section 21. Section 78A-6-351 is amended to read:
1499 78A-6-351. Summons -- Service and process -- Issuance and contents -- Notice to
1500 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
1501 process for attendance of witnesses when authorized.
1502 (1) (a) After a petition is filed in the juvenile court, the juvenile court shall promptly
1503 issue a summons, unless the juvenile court directs that a further investigation is needed.
1504 (b) A summons is not required for a person who:
1505 (i) appears voluntarily; or
1506 (ii) files a written waiver of service with the clerk of the court at or before the hearing.
1507 (2) A summons under Subsection (1)(a) shall contain:
1508 (a) the name of the court;
1509 (b) the title of the proceedings; and
1510 (c) except for a published summons, a brief statement of the substance of the
1511 allegations in the petition.
1512 (3) A published summons shall state:
1513 (a) that a proceeding concerning the minor is pending in the court; and
1514 (b) an adjudication will be made.
1515 (4) (a) [
1516 (i) a minor to appear personally in the juvenile court at a time and place stated; or
1517 (ii) if a person who has physical custody of the minor, for the person to:
1518 (A) appear personally; and
1519 (B) bring the minor before the court at a time and place stated.
1520 (b) If the minor is a child and a person summoned is not the parent or guardian of the
1521 minor, the juvenile court shall issue the summons to the minor's parent or guardian, as the case
1522 may be, notifying the parent or guardian of the pendency of the case and of the time and place
1523 set for the hearing.
1524 (5) A summons may be issued requiring the appearance of any other person whose
1525 presence the juvenile court finds necessary.
1526 (6) If it appears to the juvenile court that the welfare of the minor or of the public
1527 requires that the minor be taken into temporary custody under Section 80-6-201 or protective
1528 custody under Section [
1529 80-6-202, the court may by endorsement upon the summons direct that the person serving the
1530 summons take the minor into custody at once.
1531 (7) (a) Upon the sworn testimony of one or more reputable physicians, the juvenile
1532 court may order emergency medical or surgical treatment that is immediately necessary for a
1533 minor for whom a petition has been filed pending the service of summons upon the minor's
1534 parent, guardian, or custodian.
1535 (b) If the juvenile court orders emergency medical or surgical treatment:
1536 (i) if a petition for delinquency has been filed under Section 80-6-305, Subsection
1537 80-6-706(4) shall apply to the juvenile court's decision to order treatment;
1538 (ii) if a petition has been filed under Section 80-3-201, Subsection 80-3-109(3) shall
1539 apply to the juvenile court's decision to order treatment; or
1540 (iii) if a petition has been filed under Section 80-4-201, Subsection 80-4-108(4) shall
1541 apply to the juvenile court's decision to order treatment.
1542 (8) (a) A minor is entitled to the issuance of compulsory process for the attendance of
1543 witnesses on the minor's own behalf.
1544 (b) A minor's parent or guardian is entitled to the issuance of compulsory process for
1545 the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor.
1546 (c) A guardian ad litem or a juvenile probation officer is entitled to compulsory process
1547 for the attendance of witnesses on behalf of the minor.
1548 (9) Service of summons and process and proof of service shall be made in the manner
1549 provided in the Utah Rules of Juvenile Procedure.
1550 (10) (a) Service of summons or process shall be made by the sheriff of the county
1551 where the service is to be made, or by the sheriff's deputy.
1552 (b) Notwithstanding Subsection (10)(a), upon request of the juvenile court, service
1553 shall be made by any other peace officer or by another suitable person selected by the court.
1554 (11) Service of summons in the state shall be made personally, by delivering a copy to
1555 the person summoned, except that the parents of a child living together at the parents' usual
1556 place of abode may both be served by personal delivery with one copy of the summons for each
1557 parent.
1558 (12) (a) If the juvenile court makes a written finding that the juvenile court has reason
1559 to believe that personal service of the summons will be unsuccessful, or will not accomplish
1560 notification within a reasonable time after issuance of the summons, the juvenile court may
1561 order service by registered mail, with a return receipt to be signed by the addressee only, to be
1562 addressed to the last-known address of the person to be served in the state.
1563 (b) Service is complete upon return to the juvenile court of the signed receipt.
1564 (13) (a) If the child's parent or guardian required to be summoned under Subsection (4)
1565 cannot be found within the state, the fact of the child's presence within the state shall confer
1566 jurisdiction on the juvenile court in proceedings in a child's case [
1567 absent parent or guardian when:
1568 (i) [
1569 the parent or guardian a copy of the summons by registered mail with a return receipt to be
1570 signed by the addressee only, or by personal service outside the state, as provided in the Utah
1571 Rules of Juvenile Procedure; or
1572 (ii) [
1573 after diligent inquiry be ascertained, due notice is given by publishing a summons:
1574 (A) in a newspaper having general circulation in the county in which the proceeding is
1575 pending once a week for four successive weeks; or
1576 (B) in accordance with Section 45-1-101 for four weeks.
1577 (b) (i) If service is by registered mail under Subsection (13)(a)(i), service is complete
1578 upon return to the juvenile court of the signed receipt.
1579 (ii) If service is by publication under Subsection (13)(a)(ii), service is complete on the
1580 day of the last publication.
1581 (c) Service of summons as provided in this Subsection (13) shall vest the court with
1582 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
1583 the person served was served personally within the state.
1584 (14) (a) In the case of service in the state, service completed not less than 48 hours
1585 before the time set in the summons for the appearance of the person served, shall be sufficient
1586 to confer jurisdiction.
1587 (b) In the case of service outside the state, service completed not less than five days
1588 before the time set in the summons for appearance of the person served, shall be sufficient to
1589 confer jurisdiction.
1590 (15) Computation of periods of time under this chapter and Title 80, Utah Juvenile
1591 Code, shall be made in accordance with Utah Rules of Juvenile Procedure, Rule 4.
1592 Section 22. Section 78A-6-356 is amended to read:
1593 78A-6-356. Child support obligation when custody of a child is vested in an
1594 individual or institution.
1595 (1) As used in this section:
1596 (a) "Office" means the Office of Recovery Services.
1597 (b) "State custody" means that a child is in the custody of a state department, division,
1598 or agency, including secure care.
1599 (2) Under this section, a juvenile court may not issue a child support order against an
1600 individual unless:
1601 (a) the individual is served with notice that specifies the date and time of a hearing to
1602 determine the financial support of a specified child;
1603 (b) the individual makes a voluntary appearance; or
1604 (c) the individual submits a waiver of service.
1605 (3) Except as provided in Subsection (11), when a juvenile court places a child in state
1606 custody or if the guardianship of the child has been granted to another party and an agreement
1607 for a guardianship subsidy has been signed by the guardian, the juvenile court:
1608 (a) shall order the child's parent, guardian, or other obligated individual to pay child
1609 support for each month the child is in state custody or cared for under a grant of guardianship;
1610 (b) shall inform the child's parent, guardian, or other obligated individual, verbally and
1611 in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,
1612 Utah Child Support Act; and
1613 (c) may refer the establishment of a child support order to the office.
1614 (4) When a juvenile court chooses to refer a case to the office to determine support
1615 obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
1616 juvenile court shall:
1617 (a) make the referral within three working days after the day on which the juvenile
1618 court holds the hearing described in Subsection (2)(a); and
1619 (b) inform the child's parent, guardian, or other obligated individual of:
1620 (i) the requirement to contact the office within 30 days after the day on which the
1621 juvenile court holds the hearing described in Subsection (2)(a); and
1622 (ii) the penalty described in Subsection (6) for failure to contact the office.
1623 (5) Liability for child support ordered under Subsection (3) shall accrue:
1624 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
1625 the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child
1626 support order for the child; or
1627 (b) beginning on the day the child is removed from the child's home, including time
1628 spent in detention or sheltered care, if the child is removed after having been returned to the
1629 child's home from state custody.
1630 (6) (a) If the child's parent, guardian, or other obligated individual contacts the office
1631 within 30 days after the day on which the court holds the hearing described in Subsection
1632 (2)(a), the child support order may not include a judgment for past due support for more than
1633 two months.
1634 (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
1635 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
1636 (3) if:
1637 (i) the court informs the child's parent, guardian, or other obligated individual, as
1638 described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to
1639 contact the office within 30 days after the day on which the court holds the hearing described in
1640 Subsection (2)(a); and
1641 (ii) the office took reasonable steps under the circumstances to contact the child's
1642 parent, guardian, or other obligated individual within 30 days after the last day on which the
1643 parent, guardian, or other obligated individual was required to contact the office to facilitate the
1644 establishment of a child support order.
1645 (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
1646 reasonable steps if the office:
1647 (i) has a signed, returned receipt for a certified letter mailed to the address of the child's
1648 parent, guardian, or other obligated individual regarding the requirement that a child support
1649 order be established; or
1650 (ii) has had a documented conversation, whether by telephone or in person, with the
1651 child's parent, guardian, or other obligated individual regarding the requirement that a child
1652 support order be established.
1653 (7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a
1654 payment schedule or demanding payment in full.
1655 (8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
1656 individual shall pay the child support to the office.
1657 (b) The clerk of the juvenile court, the office, or the [
1658 department and the department's divisions shall have authority to receive periodic payments for
1659 the care and maintenance of the child, such as social security payments or railroad retirement
1660 payments made in the name of or for the benefit of the child.
1661 (9) An existing child support order payable to a parent or other individual shall be
1662 assigned to the [
1663 62A-1-117.
1664 (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
1665 the juvenile court in an individual.
1666 (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
1667 court may order the child's parent, guardian, or other obligated individual to pay child support
1668 to the individual in whom custody is vested.
1669 (ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
1670 or other obligated individual, verbally and in writing, of the requirement to pay child support in
1671 accordance with Title 78B, Chapter 12, Utah Child Support Act.
1672 (11) The juvenile court may not order an individual to pay child support for a child in
1673 state custody if:
1674 (a) the individual's only form of income is a government-issued disability benefit;
1675 (b) the benefit described in Subsection (11)(a) is issued because of the individual's
1676 disability, and not the child's disability; and
1677 (c) the individual provides the juvenile court and the office evidence that the individual
1678 meets the requirements of Subsections (11)(a) and (b).
1679 (12) (a) The child's parent or another obligated individual is not responsible for child
1680 support for the period of time that the child is removed from the child's home by the Division
1681 of Child and Family Services if:
1682 (i) the juvenile court finds that there were insufficient grounds for the removal of the
1683 child; and
1684 (ii) the child is returned to the home of the child's parent or guardian based on the
1685 finding described in Subsection (12)(a)(i).
1686 (b) If the juvenile court finds insufficient grounds for the removal of the child under
1687 Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
1688 that the child's parent or another obligated individual is responsible for child support beginning
1689 on the day on which it became improper to return the child to the home of the child's parent or
1690 guardian.
1691 [
1692 support obligation ordered under Subsection (3), the office shall waive the obligation without
1693 further order of the juvenile court if:
1694 (a) the individual's child support obligation is established under Subsection
1695 78B-12-205(6) or Section 78B-12-302; or
1696 (b) the individual's only source of income is a means-tested, income replacement
1697 payment of aid, including:
1698 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
1699 Program; or
1700 (ii) cash benefits received under General Assistance, social security income, or social
1701 security disability income.
1702 Section 23. Section 78A-6-357 is amended to read:
1703 78A-6-357. New hearings -- Modification of order or decree -- Requirements for
1704 changing or terminating custody, probation, or protective supervision.
1705 (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile
1706 Code, [
1707 Procedure shall govern the matter of granting a new hearing.
1708 (2) (a) Except as provided in Subsection (3), a juvenile court may modify or set aside
1709 any order or decree made by the juvenile court.
1710 (b) A modification of an order placing a minor on probation may not:
1711 (i) include an order under Section 80-3-405, 80-6-703, 80-6-704, or 80-6-705; or
1712 (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
1713 (3) (a) A parent or guardian of a child whose legal custody has been transferred by the
1714 juvenile court to an individual, agency, or institution may petition the juvenile court for
1715 restoration of custody or other modification or revocation of the juvenile court's order or
1716 decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody
1717 for secure care.
1718 (b) A parent or guardian may only petition the juvenile court under Subsection (3)(a)
1719 on the ground that a change of circumstances has occurred that requires modification or
1720 revocation in the best interest of the child or the public.
1721 (c) A parent may not file a petition after the parent's parental rights have been
1722 terminated in accordance with Title 80, Chapter 4, Termination and Restoration of Parental
1723 Rights.
1724 (d) A parent may not file a petition for restoration of custody under this section during
1725 the existence of a permanent guardianship established for the child under Subsection
1726 80-3-405(2)(d).
1727 (4) (a) An individual, agency, or institution vested with legal custody of a child may
1728 petition the juvenile court for a modification of the custody order on the ground that the change
1729 is necessary for the welfare of the child or in the public interest.
1730 (b) The juvenile court shall proceed upon the petition in accordance with this section.
1731 (5) Notice of hearing is required in any case in which the effect of modifying or setting
1732 aside an order or decree may be to make any change in the minor's legal custody under Section
1733 80-3-405 or 80-6-703.
1734 (6) (a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall
1735 make a preliminary investigation.
1736 (b) After the preliminary investigation described in Subsection (6)(a), the juvenile
1737 court:
1738 (i) may dismiss the petition if the juvenile court finds the alleged change of
1739 circumstances, if proved, would not affect the decree; or
1740 (ii) shall conduct a hearing, if the juvenile court finds that further examination of the
1741 facts is needed, or if the juvenile court on the juvenile court's own motion determines that the
1742 juvenile court's order or decree should be reviewed.
1743 (c) Notice of the hearing described in Subsection (6)(b)(ii) shall be given to all
1744 interested persons.
1745 (d) At a hearing under Subsection (6)(b)(ii), the juvenile court may enter an order
1746 continuing, modifying, or terminating the juvenile court's order or decree.
1747 (7) Notice of an order terminating probation or protective supervision of a child shall
1748 be given to [
1749 (a) the child's parent;
1750 (b) the child's guardian;
1751 (c) the child's custodian; and
1752 (d) [
1753 (8) Notice of an order terminating probation or protective supervision of a minor who
1754 is at least 18 years old shall be given to the minor.
1755 Section 24. Section 80-1-102 is amended to read:
1756 80-1-102. Juvenile Code definitions.
1757 [
1758 (1) (a) "Abuse" means:
1759 (i) (A) nonaccidental harm of a child;
1760 (B) threatened harm of a child;
1761 (C) sexual exploitation;
1762 (D) sexual abuse; or
1763 (E) human trafficking of a child in violation of Section 76-5-308.5; or
1764 (ii) that a child's natural parent:
1765 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1766 child;
1767 (B) is identified by a law enforcement agency as the primary suspect in an investigation
1768 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
1769 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1770 recklessly causing the death of another parent of the child.
1771 (b) "Abuse" does not include:
1772 (i) reasonable discipline or management of a child, including withholding privileges;
1773 (ii) conduct described in Section 76-2-401; or
1774 (iii) the use of reasonable and necessary physical restraint or force on a child:
1775 (A) in self-defense;
1776 (B) in defense of others;
1777 (C) to protect the child; or
1778 (D) to remove a weapon in the possession of a child for any of the reasons described in
1779 Subsections (1)(b)(iii)(A) through (C).
1780 (2) "Abused child" means a child who has been subjected to abuse.
1781 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
1782 facts alleged in the petition have been proved.
1783 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
1784 with Section 80-6-402.
1785 (4) (a) "Adult" means an individual who is 18 years old or older.
1786 (b) "Adult" does not include an individual:
1787 (i) who is 18 years old or older; and
1788 (ii) who is a minor.
1789 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
1790 78A-2-801.
1791 (6) "Board" means the Board of Juvenile Court Judges.
1792 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under
1793 18 years old.
1794 (8) "Child and family plan" means a written agreement between a child's parents or
1795 guardian and the Division of Child and Family Services as described in Section [
1796 80-3-307.
1797 [
1798 [
1799
1800 [
1801
1802 (9) "Child placing" means the same as that term is defined in Section 62A-2-101.
1803 (10) "Child-placing agency" means the same as that term is defined in Section
1804 62A-2-101.
1805 (11) "Child protection team" means a team consisting of:
1806 (a) the child welfare caseworker assigned to the case;
1807 (b) if applicable, the child welfare caseworker who made the decision to remove the
1808 child;
1809 (c) a representative of the school or school district where the child attends school;
1810 (d) if applicable, the law enforcement officer who removed the child from the home;
1811 (e) a representative of the appropriate Children's Justice Center, if one is established
1812 within the county where the child resides;
1813 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
1814 with the child's circumstances;
1815 (g) if appropriate, a representative of law enforcement selected by the chief of police or
1816 sheriff in the city or county where the child resides; and
1817 (h) any other individuals determined appropriate and necessary by the team coordinator
1818 and chair.
1819 (12) (a) "Chronic abuse" means repeated or patterned abuse.
1820 (b) "Chronic abuse" does not mean an isolated incident of abuse.
1821 (13) (a) "Chronic neglect" means repeated or patterned neglect.
1822 (b) "Chronic neglect" does not mean an isolated incident of neglect.
1823 [
1824 in Section 58-37d-3.
1825 [
1826 (a) with respect to a child, to transfer legal custody; and
1827 (b) with respect to a minor who is at least 18 years old, to transfer custody.
1828 [
1829 nonresidential program, designated to supervise and rehabilitate juvenile offenders, that
1830 prioritizes the least restrictive setting, consistent with public safety, and operated by or under
1831 contract with the Division of Juvenile Justice Services.
1832 [
1833 community-based program described in Section 80-5-402.
1834 [
1835 (a) a county jail; or
1836 (b) a secure correctional facility as defined in Section 64-13-1.
1837 [
1838 associated with a minor's likelihood of reoffending.
1839 [
1840 62A-1-102.
1841 [
1842 care through no fault of the child's parent, guardian, or custodian.
1843 [
1844 court from a parent or a previous custodian to another person, agency, or institution.
1845 [
1846 (24) "Detention facility" means a facility, established by the Division of Juvenile
1847 Justice Services in accordance with Section 80-5-501, for minors held in detention.
1848 [
1849 under Section 80-5-203 that:
1850 (a) assesses a minor's risk of failing to appear in court or reoffending before
1851 adjudication; and
1852 (b) is designed to assist in making a determination of whether a minor shall be held in
1853 detention.
1854 [
1855 more domains that manifests as a functional limitation in the minor's present ability to:
1856 (a) consult with counsel with a reasonable degree of rational understanding; and
1857 (b) have a rational as well as factual understanding of the proceedings.
1858 [
1859 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
1860 [
1861 education violation under Section 53G-6-202, the parent or guardian fails to make a good faith
1862 effort to ensure that the child receives an appropriate education.
1863 [
1864 (a) obtained at a substance abuse program that is approved by the Division of
1865 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1866 (b) designed to prevent substance use or the onset of a mental health disorder.
1867 [
1868 [
1869 randomized control studies or a meta-analysis demonstrating that the program or practice is
1870 effective for a specific population or has been rated as effective by a standardized program
1871 evaluation tool.
1872 [
1873 77-15-2.
1874 [
1875 (a) supervised in the community by, and reports to, a juvenile probation officer or an
1876 agency designated by the juvenile court; and
1877 (b) subject to return to the juvenile court in accordance with Section 80-6-607.
1878 [
1879 of one or more individuals in the group, depending upon the recommendation of the therapist.
1880 [
1881 regarding a minor, including the authority to consent to:
1882 (a) marriage;
1883 (b) enlistment in the armed forces;
1884 (c) major medical, surgical, or psychiatric treatment; or
1885 (d) legal custody, if legal custody is not vested in another individual, agency, or
1886 institution.
1887 [
1888 78A-2-801.
1889 [
1890 (a) physical or developmental injury or damage;
1891 (b) emotional damage that results in a serious impairment in the child's growth,
1892 development, behavior, or psychological functioning;
1893 (c) sexual abuse; or
1894 (d) sexual exploitation.
1895 [
1896 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
1897 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
1898 the Division of Juvenile Justice Services or the juvenile court; or
1899 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
1900 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
1901 custodian, under terms and conditions established by the Division of Juvenile Justice Services
1902 or the juvenile court.
1903 [
1904 the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1905 nephew, niece, or first cousin.
1906 (b) "Incest" includes:
1907 (i) blood relationships of the whole or half blood, without regard to legitimacy;
1908 (ii) relationships of parent and child by adoption; and
1909 (iii) relationships of stepparent and stepchild while the marriage creating the
1910 relationship of a stepparent and stepchild exists.
1911 [
1912 1903.
1913 [
1914 1903.
1915 [
1916 in Section 78B-22-102.
1917 [
1918 Section 78B-22-102.
1919 [
1920 78B-22-102.
1921 [
1922 (i) monitored by a juvenile probation officer; and
1923 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
1924 (b) "Intake probation" does not include formal probation.
1925 [
1926 functioning existing concurrently with deficits in adaptive behavior that constitutes a
1927 substantial limitation to the individual's ability to function in society.
1928 [
1929 (a) a serious youth offender; or
1930 (b) a youth offender.
1931 [
1932 Section 78A-6-205.
1933 [
1934 established by the Division of Juvenile Justice Services, or under contract with the Division of
1935 Juvenile Justice Services, that is responsible for minors taken into temporary custody under
1936 Section 80-6-201.
1937 [
1938 (a) the right to physical custody of the minor;
1939 (b) the right and duty to protect, train, and discipline the minor;
1940 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1941 medical care;
1942 (d) the right to determine where and with whom the minor shall live; and
1943 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1944 (51) "Licensing Information System" means the Licensing Information System
1945 maintained by the Division of Child and Family Services under Section 80-2-1002.
1946 (52) "Management Information System" means the Management Information System
1947 developed by the Division of Child and Family Services under Section 80-2-1001.
1948 [
1949 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1950 behavioral, or related functioning; or
1951 (b) the same as that term is defined in:
1952 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1953 published by the American Psychiatric Association; or
1954 (ii) the current edition of the International Statistical Classification of Diseases and
1955 Related Health Problems.
1956 [
1957 80-7-102:
1958 (a) a child; or
1959 (b) an individual:
1960 (i) (A) who is at least 18 years old and younger than 21 years old; and
1961 (B) for whom the Division of Child and Family Services has been specifically ordered
1962 by the juvenile court to provide services because the individual was an abused, neglected, or
1963 dependent child or because the individual was adjudicated for an offense; or
1964 (ii) (A) who is at least 18 years old and younger than 25 years old; and
1965 (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
1966 6, Juvenile Justice.
1967 [
1968 Section 62A-15-102.
1969 [
1970 the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
1971 child, or the breast of a female child, or takes indecent liberties with a child as defined in
1972 Section 76-5-416.
1973 [
1974 minor's biological or adoptive parent.
1975 (b) "Natural parent" includes the minor's noncustodial parent.
1976 [
1977 (i) abandonment of a child, except as provided in [
1978
1979 Child;
1980 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
1981 guardian, or custodian;
1982 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
1983 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
1984 well-being;
1985 (iv) a child to be at risk of being neglected or abused because another child in the same
1986 home is neglected or abused;
1987 (v) abandonment of a child through an unregulated custody transfer; or
1988 (vi) educational neglect.
1989 (b) "Neglect" does not include:
1990 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1991 reason, does not provide specified medical treatment for a child;
1992 (ii) a health care decision made for a child by the child's parent or guardian, unless the
1993 state or other party to a proceeding shows, by clear and convincing evidence, that the health
1994 care decision is not reasonable and informed;
1995 (iii) a parent or guardian exercising the right described in Section 80-3-304; or
1996 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
1997 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
1998 including:
1999 (A) traveling to and from school, including by walking, running, or bicycling;
2000 (B) traveling to and from nearby commercial or recreational facilities;
2001 (C) engaging in outdoor play;
2002 (D) remaining in a vehicle unattended, except under the conditions described in
2003 Subsection 76-10-2202(2);
2004 (E) remaining at home unattended; or
2005 (F) engaging in a similar independent activity.
2006 [
2007 [
2008 probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
2009 consent in writing of:
2010 (a) the assigned juvenile probation officer; and
2011 (b) (i) the minor; or
2012 (ii) the minor and the minor's parent, [
2013 [
2014 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
2015 (a) understand the nature of the proceedings against the minor or of the potential
2016 disposition for the offense charged; or
2017 (b) consult with counsel and participate in the proceedings against the minor with a
2018 reasonable degree of rational understanding.
2019 [
2020 in secure care to live outside of secure care under the supervision of the Division of Juvenile
2021 Justice Services, or another person designated by the Division of Juvenile Justice Services.
2022 [
2023 child.
2024 [
2025 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
2026 home under prescribed conditions.
2027 (b) "Probation" includes intake probation or formal probation.
2028 [
2029 (a) the attorney general and any assistant attorney general;
2030 (b) any district attorney or deputy district attorney;
2031 (c) any county attorney or assistant county attorney; and
2032 (d) any other attorney authorized to commence an action on behalf of the state.
2033 [
2034 and Family Services from the time the child is removed from the home until the earlier of:
2035 (a) the day on which the shelter hearing is held under Section 80-3-301; or
2036 (b) the day on which the child is returned home.
2037 (67) "Protective services" means expedited services that are provided:
2038 (a) in response to evidence of neglect, abuse, or dependency of a child;
2039 (b) to a cohabitant who is neglecting or abusing a child, in order to:
2040 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
2041 causes of neglect or abuse; and
2042 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
2043 (c) in cases where the child's welfare is endangered:
2044 (i) to bring the situation to the attention of the appropriate juvenile court and law
2045 enforcement agency;
2046 (ii) to cause a protective order to be issued for the protection of the child, when
2047 appropriate; and
2048 (iii) to protect the child from the circumstances that endanger the child's welfare
2049 including, when appropriate:
2050 (A) removal from the child's home;
2051 (B) placement in substitute care; and
2052 (C) petitioning the court for termination of parental rights.
2053 [
2054 following an adjudication on the ground of abuse, neglect, or dependency, whereby:
2055 (a) the minor is permitted to remain in the minor's home; and
2056 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2057 by an agency designated by the juvenile court.
2058 [
2059 (i) is found to be closely related to intellectual disability;
2060 (ii) results in impairment of general intellectual functioning or adaptive behavior
2061 similar to that of an intellectually disabled individual;
2062 (iii) is likely to continue indefinitely; and
2063 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2064 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2065 serious emotional or behavioral disturbance.
2066 [
2067 remaining with a parent after legal custody or guardianship, or both, have been vested in
2068 another person or agency, including:
2069 (i) the responsibility for support;
2070 (ii) the right to consent to adoption;
2071 (iii) the right to determine the child's religious affiliation; and
2072 (iv) the right to reasonable parent-time unless restricted by the court.
2073 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2074 right to consent to:
2075 (i) marriage;
2076 (ii) enlistment; and
2077 (iii) major medical, surgical, or psychiatric treatment.
2078 [
2079 leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the
2080 child, without permission.
2081 [
2082 Division of Juvenile Justice Services for rehabilitation, in a facility operated by, or under
2083 contract with, the Division of Juvenile Justice Services, that provides 24-hour supervision and
2084 confinement of the minor.
2085 [
2086 Section 80-5-503, for juvenile offenders in secure care.
2087 [
2088 custody in a physically restricting facility operated by, or under contract with, the Division of
2089 Juvenile Justice Services:
2090 (a) before disposition of an offense that is alleged to have been committed by the
2091 minor; or
2092 (b) under Section 80-6-704.
2093 [
2094 (a) is at least 14 years old, but under 25 years old;
2095 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2096 of the juvenile court was extended over the individual's case until the individual was 25 years
2097 old in accordance with Section 80-6-605; and
2098 (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
2099 secure care under Sections 80-6-703 and 80-6-705.
2100 [
2101 to a child.
2102 [
2103 harm to a child.
2104 (78) (a) "Severe type of child abuse or neglect" means, except as provided in
2105 Subsection (78)(b):
2106 (i) if committed by an individual who is 18 years old or older:
2107 (A) chronic abuse;
2108 (B) severe abuse;
2109 (C) sexual abuse;
2110 (D) sexual exploitation;
2111 (E) abandonment;
2112 (F) chronic neglect; or
2113 (G) severe neglect; or
2114 (ii) if committed by an individual who is under 18 years old:
2115 (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another
2116 child that indicates a significant risk to other children; or
2117 (B) sexual behavior with or upon another child that indicates a significant risk to other
2118 children.
2119 (b) "Severe type of child abuse or neglect" does not include:
2120 (i) the use of reasonable and necessary physical restraint by an educator in accordance
2121 with Subsection 53G-8-302(2) or Section 76-2-401;
2122 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
2123 use of reasonable and necessary physical restraint or force in self-defense or otherwise
2124 appropriate to the circumstances to obtain possession of a weapon or other dangerous object in
2125 the possession or under the control of a child or to protect the child or another individual from
2126 physical injury; or
2127 (iii) a health care decision made for a child by a child's parent or guardian, unless,
2128 subject to Subsection (78)(c), the state or other party to the proceeding shows, by clear and
2129 convincing evidence, that the health care decision is not reasonable and informed.
2130 (c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
2131 right to obtain a second health care opinion.
2132 [
2133 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2134 adult directed towards a child;
2135 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2136 committed by a child towards another child if:
2137 (i) there is an indication of force or coercion;
2138 (ii) the children are related, as described in Subsection [
2139 by marriage while the marriage exists or by adoption;
2140 (iii) there have been repeated incidents of sexual contact between the two children,
2141 unless the children are 14 years old or older; or
2142 (iv) there is a disparity in chronological age of four or more years between the two
2143 children;
2144 (c) engaging in any conduct with a child that would constitute an offense under any of
2145 the following, regardless of whether the individual who engages in the conduct is actually
2146 charged with, or convicted of, the offense:
2147 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2148 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2149 (ii) child bigamy, Section 76-7-101.5;
2150 (iii) incest, Section 76-7-102;
2151 (iv) lewdness, Section 76-9-702;
2152 (v) sexual battery, Section 76-9-702.1;
2153 (vi) lewdness involving a child, Section 76-9-702.5; or
2154 (vii) voyeurism, Section 76-9-702.7; or
2155 (d) subjecting a child to participate in or threatening to subject a child to participate in
2156 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2157 marriage.
2158 [
2159 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2160 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2161 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2162 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2163 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2164 material depicting a child:
2165 (i) in the nude, for the purpose of sexual arousal of any individual; or
2166 (ii) engaging in sexual or simulated sexual conduct; or
2167 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2168 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2169 is actually charged with, or convicted of, the offense.
2170 [
2171 facility pending a disposition or transfer to another jurisdiction.
2172 [
2173
2174 (83) "Significant risk" means a risk of harm that is determined to be significant in
2175 accordance with risk assessment tools and rules established by the Division of Child and
2176 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2177 Act, that focus on:
2178 (a) age;
2179 (b) social factors;
2180 (c) emotional factors;
2181 (d) sexual factors;
2182 (e) intellectual factors;
2183 (f) family risk factors; and
2184 (g) other related considerations.
2185 [
2186 76-1-401.
2187 [
2188 age of the offender.
2189 [
2190 misuse or excessive use of alcohol or other drugs or substances.
2191 [
2192 [
2193 (87) "Substantiated" or "substantiation" means a judicial finding based on a
2194 preponderance of the evidence, and separate consideration of each allegation made or identified
2195 in the case, that abuse, neglect, or dependency occurred .
2196 (88) "Substitute care" means:
2197 (a) the placement of a minor in a family home, group care facility, or other placement
2198 outside the minor's own home, either at the request of a parent or other responsible relative, or
2199 upon court order, when it is determined that continuation of care in the minor's own home
2200 would be contrary to the minor's welfare;
2201 (b) services provided for a minor in the protective custody of the Division of Child and
2202 Family Services, or a minor in the temporary custody or custody of the Division of Child and
2203 Family Services, as those terms are defined in Section 80-2-102; or
2204 (c) the licensing and supervision of a substitute care facility.
2205 (89) "Supported" means a finding by the Division of Child and Family Services based
2206 on the evidence available at the completion of an investigation, and separate consideration of
2207 each allegation made or identified during the investigation, that there is a reasonable basis to
2208 conclude that abuse, neglect, or dependency occurred.
2209 [
2210 parental rights and duties, including residual parental rights and duties, by court order.
2211 [
2212 (a) an individual employed by a state division or agency for the purpose of conducting
2213 psychological treatment and counseling of a minor in the division's or agency's custody; or
2214 (b) any other individual licensed or approved by the state for the purpose of conducting
2215 psychological treatment and counseling.
2216 [
2217 indicating that the child is at an unreasonable risk of harm or neglect.
2218 [
2219 conflict:
2220 (a) results in behavior that is beyond the control or ability of the child, or the parent or
2221 guardian, to manage effectively;
2222 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
2223 or
2224 (c) results in the situations described in Subsections [
2225 [
2226 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2227 sibling, adult uncle or aunt, or [
2228 with whom the child is familiar, or a member of the child's federally recognized tribe;
2229 (b) with the intent of severing the child's existing parent-child or guardian-child
2230 relationship; and
2231 (c) without taking:
2232 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2233 and
2234 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2235 guardianship to the individual taking custody of the child.
2236 [
2237 [
2238
2239 (95) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
2240 conclude that abuse, neglect, or dependency occurred.
2241 (96) "Unsupported" means a finding by the Division of Child and Family Services at
2242 the completion of an investigation, after the day on which the Division of Child and Family
2243 Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is
2244 insufficient evidence to conclude that abuse, neglect, or dependency occurred.
2245 [
2246 assesses a minor's risk of reoffending and a minor's criminogenic needs.
2247 [
2248
2249 Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not
2250 occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
2251 [
2252 (a) at least 12 years old, but under 21 years old; and
2253 (b) committed by the juvenile court to the Division of Juvenile Justice Services for
2254 secure care under Sections 80-6-703 and 80-6-705.
2255 Section 25. Section 80-2-102, which is renumbered from Section 62A-4a-101 is
2256 renumbered and amended to read:
2257
2258
2259 [
2260 As used in this chapter:
2261 [
2262 [
2263 [
2264 [
2265 [
2266 [
2267 [
2268 [
2269
2270 [
2271
2272 [
2273 [
2274 [
2275 [
2276 [
2277 [
2278
2279 [
2280
2281 [
2282
2283 [
2284
2285 [
2286 [
2287 [
2288 [
2289 [
2290 person:
2291 (a) provides information to another person;
2292 (b) provides the other person an opportunity to respond; and
2293 (c) takes the other person's response, if any, into consideration.
2294 [
2295 accordance with this chapter.
2296 (3) "Council" means the Child Welfare Improvement Council created in Section
2297 80-2-1101.
2298 [
2299 division as of the date of disposition.
2300 [
2301 less than 24 hours:
2302 (a) in the child's own home by a responsible individual; or
2303 (b) outside of the child's home in a:
2304 (i) day-care center;
2305 (ii) family group home; or
2306 (iii) family child care home.
2307 [
2308
2309 [
2310
2311 [
2312 Section 80-2-201.
2313 (8) "Domestic violence" means the same as that term is defined in Section 77-36-1.
2314 [
2315 (a) temporary shelter, treatment, and related services provided to:
2316 (i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and
2317 (ii) the dependent children of an individual who is a victim of abuse, as defined in
2318 Section 78B-7-102; and
2319 (b) treatment services for an individual who is alleged to have committed, has been
2320 convicted of, or has pled guilty to[
2321
2322 [
2323
2324 [
2325 [
2326
2327 [
2328 of a trained homemaker.
2329 [
2330 [
2331 [
2332 [
2333
2334 [
2335 [
2336 (a) opened by the division under the division's discretion and procedures;
2337 (b) opened by the law enforcement agency with jurisdiction over the case; and
2338 (c) accepted for investigation by a child protection team, as applicable.
2339 [
2340 [
2341 [
2342 [
2343 [
2344 [
2345 [
2346
2347 [
2348 [
2349 [
2350
2351 [
2352
2353 [
2354
2355 [
2356 [
2357 [
2358 [
2359 [
2360 [
2361 [
2362
2363 (12) (a) "Person responsible for the child's care" means the child's parent, guardian, or
2364 other person responsible for the child's care.
2365 (b) "Person responsible for the child's care" includes a person responsible for the
2366 child's care in the same home as the child, a relative's home, a group, family, or day care
2367 facility, a foster care home, or a residential institution.
2368 [
2369 [
2370
2371 [
2372 common either by blood or adoption.
2373 [
2374 interaction between a child in division custody with [
2375 [
2376 [
2377 [
2378 [
2379 [
2380 [
2381 [
2382 [
2383 [
2384
2385 [
2386 [
2387
2388 [
2389
2390
2391
2392 [
2393 [
2394
2395
2396
2397 [
2398 [
2399 [
2400
2401
2402
2403
2404 (16) (a) "Subject of the report" means a person reported under Part 6, Child Abuse and
2405 Neglect Reports.
2406 (b) "Subject of the report" includes the child who is the alleged victim of the report and
2407 the person responsible for the child's care.
2408 [
2409 child from the day on which the shelter hearing described in Section 80-3-301 is held until the
2410 day on which the juvenile court enters a disposition under Section 80-3-405.
2411 [
2412 [
2413 with escort service, if necessary, to and from community facilities and resources as part of a
2414 service plan.
2415 [
2416
2417 [
2418
2419
2420
2421 [
2422
2423
2424 Section 26. Section 80-2-201, which is renumbered from Section 62A-4a-103 is
2425 renumbered and amended to read:
2426
2427 [
2428 (1) [
2429 department[
2430 (2) The division is under the administration and general supervision of the executive
2431 director of the department.
2432 [
2433
2434 described in this chapter and Chapter 2a, Removal and Protective Custody of a Child, except
2435 those assumed by the department.
2436 [
2437 [
2438
2439
2440
2441
2442
2443
2444
2445 [
2446
2447 Section 27. Section 80-2-202, which is renumbered from Section 62A-4a-104 is
2448 renumbered and amended to read:
2449 [
2450 Responsibilities.
2451 [
2452 (1) The executive director of the department shall appoint the director of the division.
2453 (2) The director shall have a bachelor's degree from an accredited university or college,
2454 be experienced in administration, and be knowledgeable in the areas of child and family
2455 services, including child protective services, family preservation, and foster care.
2456 (3) The director is the administrative head of the division.
2457 Section 28. Section 80-2-301, which is renumbered from Section 62A-4a-105 is
2458 renumbered and amended to read:
2459
2460 [
2461 (1) The division is the child, youth, and family services authority of the state.
2462 [
2463 (a) administer services to minors and families, including:
2464 (i) child welfare services;
2465 (ii) domestic violence services; and
2466 (iii) all other responsibilities that the Legislature or the executive director of the
2467 department may assign to the division;
2468 (b) provide the following services:
2469 (i) financial and other assistance to an individual adopting a child with special needs
2470 under [
2471 amount the division would provide for the child as a legal ward of the state;
2472 (ii) non-custodial and in-home services in accordance with Section 80-2-306,
2473 including:
2474 (A) services designed to prevent family break-up; and
2475 (B) family preservation services;
2476 (iii) reunification services to families whose children are in substitute care in
2477 accordance with [
2478 Custody of a Child, and [
2479 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
2480 or neglect of a child in that family;
2481 (v) shelter care in accordance with [
2482 Removal and Protective Custody of a Child, and [
2483 Dependency Proceedings;
2484 (vi) domestic violence services, in accordance with the requirements of federal law;
2485 (vii) protective services to victims of domestic violence[
2486
2487 chapter, Chapter 2a, Removal and Protective Custody of a Child, and [
2488 Abuse, Neglect, and Dependency Proceedings;
2489 (viii) substitute care for dependent, abused, and neglected children;
2490 (ix) services for minors who are victims of human trafficking or human smuggling, as
2491 described in Sections 76-5-308 through 76-5-310, or who have engaged in prostitution or
2492 sexual solicitation, as defined in Sections 76-10-1302 and 76-10-1313; and
2493 (x) training for staff and providers involved in the administration and delivery of
2494 services offered by the division in accordance with this chapter and Chapter 2a, Removal and
2495 Protective Custody of a Child;
2496 (c) establish standards for all:
2497 (i) contract providers of out-of-home care for minors and families;
2498 (ii) facilities that provide substitute care for dependent, abused, [
2499 children placed in the custody of the division; and
2500 (iii) direct or contract providers of domestic violence services described in Subsection
2501 [
2502 (d) have authority to:
2503 (i) contract with a private, nonprofit organization to recruit and train foster care
2504 families and child welfare volunteers in accordance with Section [
2505 (ii) approve facilities that meet the standards established under Subsection [
2506 to provide substitute care for dependent, abused, [
2507 custody of the division;
2508 (e) cooperate with the federal government in the administration of child welfare and
2509 domestic violence programs and other human service activities assigned by the department;
2510 [
2511
2512
2513
2514
2515 [
2516 federal laws enacted for the protection of abused, neglected, [
2517 accordance with [
2518 Custody of a Child, unless administration is expressly vested in another division or department
2519 of the state;
2520 [
2521 of Workforce Services in meeting the social and economic needs of an individual who is
2522 eligible for public assistance;
2523 [
2524 matters in the state;
2525 [
2526 of the operation and administration of the division in accordance with the requirements of
2527 Sections [
2528 [
2529 domestic violence services and treatment methods;
2530 (k) enter into contracts for programs designed to reduce the occurrence or recurrence of
2531 abuse and neglect in accordance with Section 80-2-503;
2532 (l) seek reimbursement of funds the division expends on behalf of a child in the
2533 protective custody, temporary custody, or custody of the division, from the child's parent or
2534 guardian in accordance with an order for child support under Section 78A-6-356;
2535 [
2536 regarding the number of children in the custody of the division who:
2537 (i) have a permanency goal of adoption; or
2538 (ii) have a final plan of termination of parental rights, [
2539 80-3-409, and promote adoption of [
2540 [
2541 services from the division to the local substance abuse authority or other private or public
2542 resource for a court-ordered drug screening test;
2543 [
2544 Services Appropriations Subcommittee regarding:
2545 (i) the daily reimbursement rate that is provided to licensed foster parents based on
2546 level of care;
2547 (ii) the amount of money spent on daily reimbursements for licensed foster parents [
2548
2549 (iii) any recommended changes to the division's budget to support the daily
2550 reimbursement rates described in Subsection [
2551 [
2552 (3) (a) The division may provide, directly or through contract, services that include the
2553 following:
2554 (i) adoptions;
2555 (ii) day-care services;
2556 (iii) out-of-home placements for minors;
2557 (iv) health-related services;
2558 (v) homemaking services;
2559 (vi) home management services;
2560 (vii) protective services for minors;
2561 (viii) transportation services; or
2562 (ix) domestic violence services.
2563 (b) The division shall monitor services provided directly by the division or through
2564 contract to ensure compliance with applicable law and rules made in accordance with Title
2565 63G, Chapter 3, Utah Administrative Rulemaking Act.
2566 (c) (i) Except as provided in Subsection (3)(c)(ii), if the division provides a service
2567 through a private contract, the division shall post the name of the service provider on the
2568 division's website.
2569 (ii) Subsection (3)(c)(i) does not apply to a foster parent placement.
2570 (4) (a) The division may:
2571 (i) receive gifts, grants, devises, and donations;
2572 (ii) encourage merchants and service providers to:
2573 (A) donate goods or services; or
2574 (B) provide goods or services at a nominal price or below cost;
2575 (iii) distribute goods to applicants or consumers of division services free or for a
2576 nominal charge and tax free; and
2577 (iv) appeal to the public for funds to meet needs of applicants or consumers of division
2578 services that are not otherwise provided by law, including Sub-for-Santa programs, recreational
2579 programs for minors, and requests for household appliances and home repairs.
2580 (b) If requested by the donor and subject to state and federal law, the division shall use
2581 a gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for the
2582 purpose requested by the donor.
2583 [
2584 shall:
2585 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
2586 with all public and private licensed child welfare agencies and institutions to develop and
2587 administer a broad range of services and support;
2588 (ii) take the initiative in all matters involving the protection of abused or neglected
2589 children, if adequate provisions have not been made or are not likely to be made; and
2590 (iii) make expenditures necessary for the care and protection of the children described
2591 in [
2592 (b) [
2593 private or public resource for court-ordered drug screening under Subsection [
2594 the court shall order the individual to pay all costs of the tests unless:
2595 (i) the cost of the drug screening is specifically funded or provided for by other federal
2596 or state programs;
2597 (ii) the individual is a participant in a drug court; or
2598 (iii) the court finds that the individual is [
2599 [
2600
2601 (6) Except to the extent provided by rules made in accordance with Title 63G, Chapter
2602 3, Utah Administrative Rulemaking Act, the division is not required to investigate domestic
2603 violence in the presence of a child, as described in Section 76-5-109.1.
2604 [
2605 (a) require a parent who has a child in the custody of the division to pay for some or all
2606 of the cost of any drug testing the parent is required to undergo[
2607 [
2608 division for drug testing by means of a hair or fingernail test that is administered to detect the
2609 presence of drugs.
2610 Section 29. Section 80-2-302, which is renumbered from Section 62A-4a-102 is
2611 renumbered and amended to read:
2612 [
2613 statement.
2614 [
2615
2616
2617
2618
2619
2620 [
2621 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2622 division shall make rules:
2623 (a) that establish the process for:
2624 (i) determination of eligibility for services offered by the division in accordance with
2625 this chapter and Chapter 2a, Removal and Protective Custody of a Child; and
2626 [
2627 (b) [
2628
2629 providers, allied state and local agencies, and others are provided with an opportunity to
2630 comment and provide input regarding any new rule or proposed revision of an existing rule;
2631 [
2632 (c) that provide a mechanism for:
2633 (i) systematic and regular review of existing rules, including an annual review of all
2634 division rules to ensure that the rules comply with [
2635 provisions; and
2636 (ii) consideration of rule changes proposed by the persons [
2637 Subsection [
2638 [
2639
2640 [
2641 [
2642 (d) regarding:
2643 (i) placement for adoption or foster care that are consistent with, and no more
2644 restrictive than, applicable statutory provisions[
2645 (ii) abuse, neglect, and dependency proceedings; and
2646 (iii) domestic violence services provided by the division; and
2647 (e) that establish procedures to accommodate the moral and religious beliefs, and
2648 culture, of the minors and families that the division serves, including:
2649 (i) the immediate family and other relatives of a minor who is in protective custody,
2650 temporary custody, or custody of the division, or otherwise under the jurisdiction of the
2651 juvenile court;
2652 (ii) a foster and other out-of-home placement family; and
2653 (iii) an adoptive family.
2654 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2655 division may make rules that establish:
2656 (a) eligibility standards for consumers of division services; or
2657 (b) requirements for a program described in Subsection 80-2-301(4)(a)(iv).
2658 (3) (a) If the division establishes a rule in accordance with Title 63G, Chapter 3, Utah
2659 Administrative Rulemaking Act, the division shall include an assessment of the impact of the
2660 rule on families, including the impact on the authority of a parent to oversee the care,
2661 supervision, upbringing, or education of a child in the parent's custody.
2662 (b) The division shall publish a family impact statement describing the assessment
2663 described in Subsection (3)(a) in the Utah State Bulletin within 90 days after the day on which
2664 the rule described in Subsection (3)(a) is established.
2665 Section 30. Section 80-2-303, which is renumbered from Section 62A-4a-113 is
2666 renumbered and amended to read:
2667 [
2668 responsibilities.
2669 (1) The division shall take legal action that is necessary to enforce [
2670 this chapter and Chapter 2a, Removal and Protective Custody of a Child.
2671 (2) (a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
2672 civil enforcement actions, the attorney general shall enforce [
2673
2674 Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
2675 and Restoration of Parental Rights, relating to [
2676
2677 neglected, or dependent minor and the termination of parental rights.
2678 (b) The attorney general may contract with the local county attorney to enforce [
2679
2680 Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
2681 and Restoration of Parental Rights.
2682 (c) It is the responsibility of the attorney general's office to:
2683 (i) advise the division regarding decisions to remove a minor from the minor's home;
2684 (ii) represent the division in all court and administrative proceedings related to abuse,
2685 neglect, [
2686 hearings, dispositional review hearings, periodic review hearings, and petitions for termination
2687 of parental rights; and
2688 (iii) be available to and advise child welfare caseworkers on an ongoing basis.
2689 (d) (i) The attorney general shall designate no less than 16 full-time attorneys to advise
2690 and represent the division in abuse, neglect, and dependency proceedings, including petitions
2691 for termination of parental rights.
2692 (ii) The attorneys described in Subsection (2)(d)(i) shall devote [
2693 attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable,
2694 [
2695 (3) [
2696
2697 (a) involving a minor who has not been adjudicated as abused or neglected, but who
2698 [
2699
2700 status offense[
2701 (b) for reimbursement of funds from a parent or guardian under Subsection
2702 80-2-301(2)(l).
2703 [
2704 responsibility of the county attorney or district attorney to represent the state in the matters
2705 described in Subsection (3)(a) [
2706 Section 31. Section 80-2-304, which is renumbered from Section 62A-4a-115 is
2707 renumbered and amended to read:
2708 [
2709 The department and division shall comply with the procedures and requirements of
2710 Title 63G, Chapter 4, Administrative Procedures Act, in [
2711 adjudicative proceedings.
2712 Section 32. Section 80-2-305, which is renumbered from Section 62A-4a-111 is
2713 renumbered and amended to read:
2714 [
2715 -- Agreement with Office of Recovery Services.
2716 (1) If it is discovered that a person is fraudulently obtaining, or has fraudulently
2717 obtained, services offered by the division in accordance with this chapter or Chapter 2a,
2718 Removal and Protective Custody of a Child, the division shall take all necessary steps,
2719 including legal action through the attorney general, to recover all money or the value of
2720 services fraudulently obtained.
2721 (2) The division may establish an agreement with the Office of Recovery Services to
2722 fulfill the requirements of this section.
2723 Section 33. Section 80-2-306, which is renumbered from Section 62A-4a-202 is
2724 renumbered and amended to read:
2725 [
2726 families.
2727 (1) (a) Within appropriations from the Legislature and money obtained under
2728 Subsection (5), the division shall provide in-home services for the purpose of family
2729 preservation to any family with a child whose health and safety is not immediately endangered,
2730 [
2731 (i) (A) the child is at risk of being removed from the home; or
2732 (B) the family is in crisis; and
2733 (ii) the division determines that in-home services are reasonable and appropriate.
2734 (b) In determining whether in-home services are reasonable and appropriate, and in
2735 keeping with Subsection [
2736 shall be the paramount concern.
2737 (c) The division shall consider whether the services described in Subsection (1)(b):
2738 (i) will be effective within a six-month period; and
2739 (ii) are likely to prevent continued abuse or neglect of the child.
2740 (2) (a) The division shall maintain a statewide inventory of in-home services available
2741 through public and private agencies or individuals for use by child welfare caseworkers.
2742 (b) The inventory described in Subsection (2)(a) shall include:
2743 (i) the method of accessing each service;
2744 (ii) eligibility requirements for each service;
2745 (iii) the geographic areas and the number of families that can be served by each
2746 service; and
2747 (iv) information regarding waiting lists for each service.
2748 (3) (a) As part of the division's in-home services for the preservation of families, the
2749 division shall provide in-home services in varying degrees of intensity and contact that are
2750 specific to the needs of each individual family.
2751 (b) As part of the division's in-home services, the division shall:
2752 (i) provide customized assistance;
2753 (ii) provide support or interventions that are tailored to the needs of the family;
2754 (iii) discuss the family's needs with the parent;
2755 (iv) discuss an assistance plan for the family with the parent; and
2756 (v) address:
2757 (A) the safety of children;
2758 (B) the needs of the family; and
2759 (C) services necessary to aid in the preservation of the family and a child's ability to
2760 remain in the home.
2761 (c) [
2762 practicable, provide in-home services within the region that the family resides, using existing
2763 division staff.
2764 (4) (a) The division may use specially trained child welfare caseworkers, private
2765 providers, or other persons to provide the in-home services described in Subsection (3).
2766 (b) The division shall allow a child welfare caseworker to be flexible in responding to
2767 the needs of each individual family, including:
2768 (i) limiting the number of families assigned; and
2769 (ii) being available to respond to assigned families within 24 hours.
2770 (5) To provide, expand, and improve the delivery of in-home services to prevent the
2771 removal of children from [
2772 the division shall make substantial effort to obtain funding, including:
2773 (a) federal grants;
2774 (b) federal waivers; and
2775 (c) private money.
2776 Section 34. Section 80-2-307, which is renumbered from Section 62A-4a-121 is
2777 renumbered and amended to read:
2778 [
2779 insurance coverage for a foster child.
2780 (1) Within the amounts appropriated to the division for the purposes described in this
2781 section, the division may reimburse a foster parent for providing owner's or operator's security
2782 covering a foster child's operation of a motor vehicle in amounts required under Section
2783 31A-22-304 if the foster child is in the [
2784 custody of the division.
2785 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2786 division shall make rules establishing:
2787 (a) a procedure for providing the reimbursement to a foster parent described in
2788 Subsection (1);
2789 (b) eligibility requirements for a foster parent to qualify for a reimbursement under this
2790 section; and
2791 (c) a method for determining the amount of reimbursement that a foster parent is
2792 eligible to receive under this section.
2793 [
2794
2795 [
2796
2797 [
2798
2799 [
2800
2801 Section 35. Section 80-2-308, which is renumbered from Section 62A-4a-212 is
2802 renumbered and amended to read:
2803 [
2804 children -- Requirements for caregiver decision making.
2805 (1) As used in this section:
2806 (a) "Activity" means an extracurricular, enrichment, or social activity.
2807 (b) "Age-appropriate" means a type of activity that is generally accepted as suitable for
2808 a child of the same age or level of maturity, based on the development of cognitive, emotional,
2809 physical, and behavioral capacity that is typical for the child's age or age group.
2810 (c) "Caregiver" means a person with whom a child is placed in an out-of-home
2811 placement.
2812 (d) "Out-of-home placement" means the placement of a child in the division's custody
2813 outside of the child's home, including placement in a foster home, a residential treatment
2814 program, proctor care, or with kin.
2815 (e) "Reasonable and prudent parent standard" means the standard characterized by
2816 careful and sensible parental decisions to maintain a child's health, safety, and best interest
2817 while at the same time encouraging the child's emotional and developmental growth.
2818 (2) A child who comes into protective custody or the division's temporary custody or
2819 custody under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter
2820 3, Abuse, Neglect, and Dependency Proceedings, is entitled to participate in age-appropriate
2821 activities for the child's emotional well-being and development of valuable life-coping skills.
2822 (3) The division shall:
2823 (a) make efforts to normalize the life of a child in protective custody or the division's
2824 temporary custody or custody and to empower a caregiver to approve or disapprove a child's
2825 participation in activities based on the caregiver's own assessment using a reasonable and
2826 prudent parent standard, without prior approval of the division; and
2827 (b) allow a caregiver to make important decisions, similar to the decisions that a parent
2828 is entitled to make, regarding the child's participation in activities.
2829 [
2830 determining whether to permit a child to participate in an activity.
2831 (b) A caregiver shall consider:
2832 (i) the child's age, maturity, and developmental level to maintain the overall health and
2833 safety of the child;
2834 (ii) potential risk factors and the appropriateness of the activity;
2835 (iii) the best interest of the child based on the caregiver's knowledge of the child;
2836 (iv) the importance of encouraging the child's emotional and developmental growth;
2837 (v) the importance of providing the child with the most family-like living experience
2838 possible; and
2839 (vi) the behavioral history of the child and the child's ability to safely participate in the
2840 proposed activity.
2841 (c) The division shall verify that [
2842 out-of-home placement under contract with the division:
2843 (i) [
2844 age-appropriate activities; and
2845 (ii) [
2846 (d) (i) A caregiver is not liable for harm caused to a child in an out-of-home placement
2847 if the child participates in an activity approved by the caregiver[
2848 the caregiver acted in accordance with a reasonable and prudent parent standard.
2849 (ii) This section does not remove or limit any existing liability protection afforded by
2850 statute.
2851 [
2852 Act, the division shall adopt rules establishing the procedures for verifying that [
2853
2854 [
2855 Section 36. Section 80-2-401, which is renumbered from Section 62A-4a-105.5 is
2856 renumbered and amended to read:
2857
2858 [
2859 or division rule or policy -- Termination.
2860 (1) The director shall ensure that [
2861 comply with state [
2862 63G, Chapter 3, Utah Administrative Rulemaking Act, and division policy in order to
2863 effectively carry out [
2864 (2) If, after training and supervision, [
2865 with [
2866 shall be terminated.
2867 Section 37. Section 80-2-402, which is renumbered from Section 62A-4a-107 is
2868 renumbered and amended to read:
2869 [
2870 education and training of child welfare caseworkers -- Development of curriculum.
2871 (1) There is created within the division a full-time position of a child welfare training
2872 coordinator.
2873 (2) The child welfare training coordinator is not responsible for direct casework
2874 services or the supervision of [
2875 (a) develop child welfare curriculum that:
2876 (i) is current and effective, consistent with the division's mission and purpose for child
2877 welfare; and
2878 (ii) utilizes curriculum and resources from a variety of sources including those from:
2879 (A) the public sector;
2880 (B) the private sector; and
2881 (C) inside and outside of the state;
2882 (b) recruit, select, and supervise child welfare trainers;
2883 (c) develop a statewide training program, including a budget and identification of
2884 sources of funding to support that training;
2885 (d) evaluate the efficacy of training in improving job performance;
2886 (e) assist child protective services and foster care workers in developing and fulfilling
2887 their individual training plans;
2888 (f) monitor staff compliance with division training requirements and individual training
2889 plans; and
2890 (g) expand the collaboration between the division and schools of social work within
2891 institutions of higher education in developing child welfare services curriculum, and in
2892 providing and evaluating training.
2893 (3) The director shall, with the assistance of the child welfare training coordinator,
2894 establish and ensure child welfare caseworker competency regarding a core curriculum for
2895 child welfare services that:
2896 (a) is driven by child safety and family well-being;
2897 (b) emphasizes child and family voice;
2898 (c) is trauma-informed, as defined in Section 63M-7-209; and
2899 (d) is consistent with national child welfare practice standards.
2900 (4) A child welfare caseworker shall complete training in:
2901 (a) the legal duties of a child welfare caseworker;
2902 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
2903 of children, parents, and families at all stages of a case, including:
2904 (i) initial contact;
2905 (ii) safety and risk assessment, as described in Section 80-2-403; and
2906 (iii) intervention;
2907 (c) recognizing situations involving:
2908 (i) substance abuse;
2909 (ii) domestic violence;
2910 (iii) abuse; and
2911 (iv) neglect; and
2912 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
2913 the United States to the child welfare caseworker's job, including:
2914 (i) search and seizure of evidence;
2915 (ii) the warrant requirement;
2916 (iii) exceptions to the warrant requirement; and
2917 (iv) removing a child from the custody of the child's parent or guardian.
2918 (5) The division shall train the division's child welfare caseworkers to:
2919 (a) apply the [
2920 described in Subsection [
2921 (b) develop child and family plans that comply with:
2922 (i) federal mandates; and
2923 (ii) the specific needs of the child and the child's family.
2924 (6) The division shall use the training of child welfare caseworkers to emphasize:
2925 (a) the importance of maintaining the parent-child relationship;
2926 (b) the preference for providing in-home services over taking a child into protective
2927 custody, both for the emotional well-being of the child and the efficient allocation of resources;
2928 and
2929 (c) the importance and priority of:
2930 (i) kinship placement in the event a child must be taken into protective custody; and
2931 (ii) guardianship placement, in the event the parent-child relationship is legally
2932 terminated and no appropriate adoptive placement is available.
2933 (7) [
2934 casework responsibilities, the division shall ensure that the child welfare caseworker has:
2935 (a) completed the training described in Subsections (4), (5), and (6); and
2936 (b) participated in sufficient skills development for a child welfare caseworker.
2937 Section 38. Section 80-2-403, which is renumbered from Section 62A-4a-203.1 is
2938 renumbered and amended to read:
2939 [
2940 assessments.
2941 (1) [
2942 use evidence-informed or evidence-based safety and risk assessments to guide decisions
2943 concerning a child throughout a child protection investigation or proceeding.
2944 (2) As part of [
2945 [
2946 following:
2947 (a) threat to [
2948 (b) protective capabilities of a parent or guardian, including the parent or guardian's
2949 readiness, willingness, and ability to plan for the child's safety;
2950 (c) [
2951 (d) interventions required to protect [
2952 (e) likelihood of future harm to [
2953 Section 39. Section 80-2-404, which is renumbered from Section 62A-4a-110 is
2954 renumbered and amended to read:
2955 [
2956 [
2957
2958
2959
2960
2961 [
2962 (a) accept and use volunteer labor or services [
2963
2964 (b) reimburse volunteers for necessary expenses, including transportation, and provide
2965 recognition awards and [
2966 (c) cooperate with volunteer organizations in collecting funds to be used in the
2967 volunteer program. [
2968 (2) The funds donated under Section (1)(c) are considered [
2969 funds until used by the division, and may be invested under guidelines established by the state
2970 treasurer[
2971 [
2972
2973 [
2974
2975 [
2976
2977
2978
2979 Section 40. Section 80-2-405, which is renumbered from Section 62A-4a-107.5 is
2980 renumbered and amended to read:
2981 [
2982 parents and child welfare volunteers -- Extension of immunity.
2983 (1) As used in this section:
2984 (a) "Referring entity" means:
2985 (i) an incorporated or unincorporated organization or association whether formally
2986 incorporated or otherwise established and operating for religious, charitable, or educational
2987 purposes, that does not distribute any of the organization's or association's income or assets to
2988 the organization's or association's members, directors, officers, or other participants;
2989 (ii) an organization described in Section 501(c)(3) of the Internal Revenue Code of
2990 1986 and is exempt from tax under Section 501 of the Internal Revenue Code; or
2991 (iii) any not-for-profit organization which is formed and conducted for public benefit
2992 and operated primarily for charitable, civic, educational, religious, benevolent, welfare, or
2993 health purposes.
2994 (b) "Referring individual" means an individual:
2995 (i) with the authority to act on behalf of a referring entity in making a referral; and
2996 (ii) who may or may not be compensated by the referring entity.
2997 [
2998 recruit and train foster care parents and child welfare volunteers on a statewide or regional
2999 basis.
3000 [
3001 Subsection [
3002 (a) increase the number of licensed and trained foster care parents in the geographic
3003 area covered by:
3004 (i) developing a strategic plan;
3005 (ii) assessing the needs, perceptions, and qualities of potential foster care parents;
3006 (iii) assessing the needs, perceptions, and qualities of children in state custody;
3007 (iv) identifying potential foster care parents through public and private resources;
3008 (v) screening foster care parent applicants;
3009 (vi) providing preservice, ongoing, and customized training to foster care parents;
3010 (vii) developing a competency-based training curriculum with input from public and
3011 private resources and approved by the division;
3012 (viii) focusing training exercises on skill development; and
3013 (ix) supporting foster care parents by supplying staff support, identifying common
3014 issues, encouraging peer support, and connecting available resources;
3015 (b) increase the number of child welfare volunteers in the geographical area covered
3016 by:
3017 (i) developing a strategic plan;
3018 (ii) seeking the participation of established volunteer organizations;
3019 (iii) designing and offering initial orientation sessions to child welfare volunteers;
3020 (iv) informing volunteers of options for service as specified by the division; and
3021 (v) facilitating the placement and certification of child welfare volunteers;
3022 (c) coordinate efforts, [
3023 (d) seek private contributions in furtherance of the organization's activities under this
3024 Subsection [
3025 (e) perform other related services and activities as may be required by the division; and
3026 (f) establish a system for evaluating performance and obtaining feedback on the
3027 activities performed [
3028 [
3029 authority over and responsibility for:
3030 (a) initial and ongoing training content, material, curriculum, and techniques, and
3031 certification standards used by an organization; and
3032 (b) screening, investigation, licensing, certification, referral, and placement decisions
3033 with respect to any [
3034 [
3035 department's directors, trustees, officers, employees, and agents, whether compensated or not,
3036 may not be held civilly liable for any act or omission on a matter for which the department
3037 retains ultimate authority and responsibility under Subsection [
3038 (b) [
3039 not alter the abuse and neglect reporting requirements of Section [
3040 regardless of whether the facts that give rise to such a report occur before or after a screening,
3041 investigation, licensing, or placement decision of the department.
3042 [
3043 remuneration assists [
3044 welfare volunteers is not liable in any civil action for any act or omission of:
3045 (a) the referring entity or [
3046 faith and in furtherance of the entity's assistance to the organization; or
3047 (b) any [
3048 entity as a foster care parent or child welfare volunteer, if the referring individual was without
3049 actual knowledge of any substantiated fact that would have disqualified the [
3050 who was referred from such a position at the time the referral was made.
3051 [
3052 [
3053 [
3054
3055
3056
3057 [
3058
3059 [
3060
3061
3062 [
3063 [
3064 [
3065 Section 41. Section 80-2-501, which is renumbered from Section 62A-4a-309 is
3066 renumbered and amended to read:
3067
3068 [
3069 (1) There is created a restricted account within the General Fund known as the
3070 "Children's Account." [
3071
3072
3073 [
3074
3075
3076 (2) The account shall be funded by:
3077 (a) appropriations to the account by the Legislature;
3078 (b) revenues received under Section 26-2-12.5; and
3079 (c) transfers, grants, gifts, bequests, or any money made available from any source for
3080 the abuse and neglect prevention programs described in Subsection 80-2-503(3).
3081 (3) The Legislature shall appropriate money in the account to the division.
3082 (4) (a) The director shall consult with the executive director of the department before
3083 using the funds in the account as described in this section.
3084 [
3085 account may be used only to implement prevention programs described in Section
3086 [
3087 match, comprising a match from the community of at least 50% in cash and up to 50% in
3088 in-kind donations, which is 25% of the total funding received from the [
3089 account.
3090 [
3091
3092 [
3093 council, the division may reduce or waive the match requirements described in Subsection [
3094 (4) for an entity, if the division determines that imposing the requirements would prohibit or
3095 limit the provision of services needed in a particular geographic area.
3096 Section 42. Section 80-2-502, which is renumbered from Section 62A-4a-608 is
3097 renumbered and amended to read:
3098 [
3099 (1) There is created [
3100 "Choose Life Adoption Support Restricted Account."
3101 (2) The account shall be funded by:
3102 (a) contributions deposited into the [
3103
3104 (b) appropriations to the account by the Legislature;
3105 (c) private contributions; and
3106 (d) donations or grants from public or private entities.
3107 (3) The Legislature shall appropriate money in the account to the division.
3108 (4) The division shall distribute the funds in the account to one or more charitable
3109 organizations that:
3110 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
3111 (b) have as part of their primary mission the support, promotion, and education of
3112 adoption programs; and
3113 (c) are licensed or registered to do business within the state in accordance with state
3114 law.
3115 (5) (a) An organization described in Subsection (4) may apply to the division to receive
3116 a distribution in accordance with Subsection (4).
3117 (b) An organization that receives a distribution from the division in accordance with
3118 Subsection (4) shall expend the distribution only to:
3119 (i) produce and distribute educational and promotional materials on adoption;
3120 (ii) conduct educational courses on adoption; and
3121 (iii) provide other programs that support adoption.
3122 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3123 division may make rules providing procedures and requirements for an organization to apply to
3124 the division to receive a distribution under Subsection (4).
3125 Section 43. Section 80-2-503 is enacted to read:
3126 80-2-503. Division contracts for prevention and treatment of child abuse and
3127 neglect -- Requirements -- Public hearing -- Funding provided by contractor.
3128 (1) (a) The Legislature finds that there is a need to assist private and public agencies in
3129 identifying and establishing community-based education, service, and treatment programs to
3130 prevent the occurrence and recurrence of abuse and neglect.
3131 (b) It is the purpose of this section to provide a means to increase prevention and
3132 treatment programs designed to reduce the occurrence or recurrence of child abuse and neglect.
3133 (2) The division shall contract with public or private nonprofit organizations, agencies,
3134 or schools, or with qualified individuals to establish voluntary community-based educational
3135 and service programs designed to reduce or prevent the occurrence or recurrence of abuse and
3136 neglect.
3137 (3) (a) A program that the division contracts with under this section shall provide
3138 voluntary primary abuse and neglect prevention, and voluntary or court-ordered treatment
3139 services.
3140 (b) A program described in Subsection (3)(a) includes:
3141 (i) a program related to prenatal care, perinatal bonding, child growth and
3142 development, basic child care, care of children with special needs, and coping with family
3143 stress;
3144 (ii) a program related to crisis care, aid to parents, abuse counseling, support groups for
3145 abusive or potentially abusive parents and abusive parents' children, and early identification of
3146 families where the potential for abuse and neglect exists;
3147 (iii) a program clearly designed to prevent the occurrence or recurrence of abuse,
3148 neglect, sexual abuse, sexual exploitation, medical or educational neglect;
3149 (iv) a program that the division and council consider potentially effective in reducing
3150 the incidence of family problems leading to abuse or neglect; and
3151 (v) a program designed to establish and assist community resources that prevent abuse
3152 and neglect.
3153 (4) The division shall:
3154 (a) consult with appropriate state agencies, commissions, and boards to help determine
3155 the probable effectiveness, fiscal soundness, and need for proposed education and service
3156 programs for the prevention and treatment of abuse and neglect;
3157 (b) develop policies to determine whether a program will be discontinued or receive
3158 continuous funding;
3159 (c) facilitate the exchange of information between and among groups concerned with
3160 families and children;
3161 (d) establish flexible fees and fee schedules based on the recipient's ability to pay for
3162 part or all of the costs of service received;
3163 (e) before awarding a contract for an abuse or neglect prevention or treatment program
3164 or service:
3165 (i) conduct a public hearing to receive public comment on the program or service and
3166 ensure the council conducted a public hearing on the program or service in accordance with
3167 Subsection (6);
3168 (ii) if the program or service is intended for presentation in public schools, receive
3169 evidence that the program or service is approved by the local board of education of each school
3170 district that will be utilizing the program or service, or under the direction of the local board of
3171 education, the state superintendent; and
3172 (iii) consider need, diversity of geographic locations, the program's or services'
3173 coordination with or enhancement of existing services, and the program's or services' extensive
3174 use of volunteers;
3175 (f) award a contract under this section for services to prevent abuse and neglect on the
3176 basis of probability of success, based in part on sound research data; and
3177 (g) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
3178 Rulemaking Act, as necessary to carry out the purposes of this section.
3179 (5) The division may:
3180 (a) require that 25% of the funding for a program contracted for under this section be
3181 provided by the contractor operating the program; and
3182 (b) consider a contribution of materials, supplies, or physical facilities as all or part of
3183 the funding provided by the contractor under Subsection (5)(a).
3184 (6) The council shall conduct a public hearing to receive public comment on the
3185 program or service before the division may enter into a contract under this section.
3186 (7) A contract entered into under this section shall contain a provision for the
3187 evaluation of services provided under the contract.
3188 (8) Contract funds awarded under this section for the treatment of victims of abuse or
3189 neglect are not a collateral source as defined in Section 63M-7-502.
3190 Section 44. Section 80-2-503.5, which is renumbered from Section 62A-4a-213 is
3191 renumbered and amended to read:
3192 [
3193 program.
3194 (1) As used in this section, "psychotropic medication" means medication prescribed to
3195 affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant,
3196 anxiolytic, or behavior medication.
3197 (2) The division shall, through contract with the Department of Health, establish and
3198 operate a psychotropic medication oversight pilot program for children in foster care to ensure
3199 that foster children are being prescribed psychotropic medication consistent with [
3200 foster children's needs.
3201 (3) The division shall establish an oversight team to manage the psychotropic
3202 medication oversight program, composed of at least the following individuals:
3203 (a) an [
3204 defined in Section 58-31b-102, employed by the Department of Health; and
3205 (b) a child psychiatrist.
3206 (4) The oversight team shall monitor foster children:
3207 (a) six years old or younger who are being prescribed one or more psychotropic
3208 medications; and
3209 (b) seven years old or older who are being prescribed two or more psychotropic
3210 medications.
3211 (5) The oversight team shall, upon request, be given information or records related to
3212 the foster child's health care history, including psychotropic medication history and mental and
3213 behavioral health history, from:
3214 (a) the foster child's current or past caseworker;
3215 (b) the foster child; or
3216 (c) the foster child's:
3217 (i) current or past health care provider;
3218 (ii) natural parents; or
3219 (iii) foster parents.
3220 (6) The oversight team may review and monitor the following information about a
3221 foster child:
3222 (a) the foster child's history;
3223 (b) the foster child's health care, including psychotropic medication history and mental
3224 or behavioral health history;
3225 (c) whether there are less invasive treatment options available to meet the foster child's
3226 needs;
3227 (d) the dosage or dosage range and appropriateness of the foster child's psychotropic
3228 medication;
3229 (e) the short-term or long-term risks associated with the use of the foster child's
3230 psychotropic medication; or
3231 (f) the reported benefits of the foster child's psychotropic medication.
3232 (7) (a) The oversight team may make recommendations to the foster child's health care
3233 providers concerning the foster child's psychotropic medication or the foster child's mental or
3234 behavioral health.
3235 (b) The oversight team shall provide the recommendations made in Subsection (7)(a)
3236 to the foster child's parent or guardian after discussing the recommendations with the foster
3237 child's current health care providers.
3238 (8) The division may adopt administrative rules in accordance with Title 63G, Chapter
3239 3, Utah Administrative Rulemaking Act, necessary to administer this section.
3240 (9) The division shall report to the Child Welfare Legislative Oversight Panel
3241 regarding the psychotropic medication oversight pilot program by October 1 of each even
3242 numbered year.
3243 Section 45. Section 80-2-601, which is renumbered from Section 62A-4a-401 is
3244 renumbered and amended to read:
3245
3246 [
3247 It is the purpose of this part to protect the best interests of children, offer protective
3248 services to prevent harm to children, stabilize the home environment, preserve family life
3249 whenever possible, and encourage cooperation among the states in dealing with the problem of
3250 abuse or neglect.
3251 Section 46. Section 80-2-602, which is renumbered from Section 62A-4a-403 is
3252 renumbered and amended to read:
3253 [
3254 Exceptions.
3255 (1) Except as provided in Subsection (3), if [
3256 individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67,
3257 Utah Medical Practice Act, has reason to believe that a child is, or has been, the subject of
3258 abuse or neglect, or observes a child being subjected to conditions or circumstances that would
3259 reasonably result in abuse or neglect, the [
3260 suspected abuse or neglect to the division or to the nearest peace officer or law enforcement
3261 agency.
3262 (2) (a) (i) If a peace officer or [
3263 Subsection (1), the peace officer or law enforcement agency shall immediately notify the
3264 nearest office of the division.
3265 (ii) If the division receives a report under Subsection (1), the division shall immediately
3266 notify the appropriate local law enforcement agency.
3267 (b) (i) The division shall, in addition to the division's own investigation in accordance
3268 with Section [
3269 [
3270 report of abuse or neglect under Subsection (1).
3271 (ii) If a law enforcement agency undertakes an investigation of a report under
3272 Subsection (1), the law enforcement agency shall provide a final investigatory report to the
3273 division upon request.
3274 (3) Subject to Subsection (4), the reporting requirement described in Subsection (1)
3275 does not apply to:
3276 (a) a member of the clergy, with regard to any confession made to the member of the
3277 clergy while functioning in the ministerial capacity of the member of the clergy and without the
3278 consent of the individual making the confession, if:
3279 (i) the perpetrator made the confession directly to the member of the clergy; and
3280 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
3281 to maintain the confidentiality of [
3282 (b) an attorney, or an individual employed by the attorney, if the knowledge or belief of
3283 the suspected abuse or neglect of a child arises from the representation of a client, unless the
3284 attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably
3285 certain death or substantial bodily harm in accordance with Utah Rules of Professional
3286 Conduct, Rule 1.6.
3287 (4) (a) When a member of the clergy receives information about abuse or neglect from
3288 any source other than confession of the perpetrator, the member of the clergy is required to
3289 report [
3290 received information about the abuse or neglect from the confession of the perpetrator.
3291 (b) Exemption of the reporting requirement for an individual described in Subsection
3292 (3) does not exempt the individual from any other efforts required by law to prevent further
3293 abuse or neglect by the perpetrator.
3294 (5) The physician-patient privilege does not:
3295 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
3296 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
3297 under this section; or
3298 (b) constitute grounds for excluding evidence regarding the child's injuries, or the
3299 cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
3300 under this section.
3301 Section 47. Section 80-2-603, which is renumbered from Section 62A-4a-404 is
3302 renumbered and amended to read:
3303 [
3304 drug dependency reporting requirements.
3305 (1) As used in this section:
3306 (a) "Health care provider" means:
3307 (i) an individual licensed under:
3308 (A) Title 58, Chapter 31b, Nurse Practice Act;
3309 (B) Title 58, Chapter 44a, Nurse Midwife Practice Act;
3310 (C) Title 58, Chapter 67, Utah Medical Practice Act;
3311 (D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
3312 (E) Title 58, Chapter 70a, Utah Physician Assistant Act; or
3313 (F) Title 58, Chapter 77, Direct-Entry Midwife Act; or
3314 (ii) an unlicensed individual who practices midwifery.
3315 (b) "Newborn child" means a child who is 30 days old or younger.
3316 [
3317 Section 26-61a-102.
3318 [
3319 (1)(d)(ii), the same as that term is defined in Section 80-1-102.
3320 (ii) "Substance abuse" does not include use of drugs or other substances that are:
3321 (A) obtained by lawful prescription and used as prescribed; or
3322 (B) obtained in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3323 and used as recommended by a recommending medical provider.
3324 (2) A health care provider who attends the birth of a newborn child or cares for a
3325 newborn child and determines the following, shall report the determination to the division as
3326 soon as possible:
3327 (a) the newborn child:
3328 (i) is adversely affected by the child's mother's substance abuse during pregnancy;
3329 (ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
3330 (iii) demonstrates drug or alcohol withdrawal symptoms; or
3331 (b) the parent of the newborn child or a person responsible for the child's care
3332 demonstrates functional impairment or an inability to care for the child as a result of the
3333 parent's or person's substance abuse.
3334 (3) The physician-patient privilege does not:
3335 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
3336 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
3337 under this section; or
3338 (b) constitute grounds for excluding evidence regarding the child's injuries, or the
3339 cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
3340 under this section.
3341 Section 48. Section 80-2-604, which is renumbered from Section 62A-4a-405 is
3342 renumbered and amended to read:
3343 [
3344 (1) [
3345 or neglect shall report that fact to:
3346 (a) the local law enforcement agency[
3347
3348 (b) the appropriate medical examiner in accordance with Title 26, Chapter 4, Utah
3349 Medical Examiner Act.
3350 (2) After receiving a report described in Subsection (1)[
3351 (a) the local law enforcement agency shall report to the county attorney or district
3352 attorney as provided under Section 17-18a-202 or 17-18a-203; and
3353 (b) the medical examiner shall investigate and report the medical examiner's findings
3354 to:
3355 [
3356 [
3357 [
3358 [
3359 [
3360 Section 49. Section 80-2-605, which is renumbered from Section 62A-4a-407 is
3361 renumbered and amended to read:
3362 [
3363 requirements.
3364 (1) [
3365 the child into [
3366 parent, guardian, or any other person responsible for the child's care or exercising temporary or
3367 permanent control over the child, [
3368 life or safety will be in danger unless [
3369 custody.
3370 (2) (a) [
3371 medical facility may retain [
3372
3373 the [
3374 custody.
3375 (b) The person may take the action described in Subsection (2)(a) regardless of whether
3376 additional medical treatment is required[
3377 responsible for the child's care requests the child's return.
3378 [
3379
3380 (3) Custody of a child under this section may not exceed 72 hours without an order of
3381 the [
3382 (4) A person who takes a child into, or retains a child in, [
3383 this section shall [
3384 (a) immediately notify the division that the child is in the person's custody; and
3385 (b) document:
3386 [
3387 custody; and
3388 [
3389 child.
3390 Section 50. Section 80-2-606, which is renumbered from Section 62A-4a-408 is
3391 renumbered and amended to read:
3392 [
3393 [
3394
3395
3396 (1) (a) A person who orally reports under Section 80-2-602, 80-2-603, or 80-2-604
3397 shall, upon request of the division, provide the division with a written version of the oral
3398 report.
3399 (b) The person shall provide the written report within 48 hours after the division's
3400 request.
3401 (2) If, in connection with an intended or completed abortion [
3402 is required to make a report of incest or abuse of a minor, the report may not include
3403 information that would in any way disclose that the report was made in connection with:
3404 (a) an abortion; or
3405 (b) a consultation regarding an abortion.
3406 (3) The division shall, immediately after receipt, forward a copy of a written report to
3407 the state child abuse and neglect registry on a form supplied by the registry.
3408 Section 51. Section 80-2-607, which is renumbered from Section 62A-4a-406 is
3409 renumbered and amended to read:
3410 [
3411 or neglect.
3412 (1) [
3413 medical examiner, peace officer, [
3414 may take [
3415 indicated, perform radiological examinations.
3416 (2) [
3417 relevant to a reported circumstance of child abuse or neglect.
3418 (3) [
3419 other medical record pertinent to an investigation for child abuse or neglect shall be made
3420 available to the division, law enforcement [
3421 Section 52. Section 80-2-608 is enacted to read:
3422 80-2-608. Confidential identity of person who reports.
3423 Except as provided in Sections 80-2-611 and 80-2-1005, the division and a law
3424 enforcement agency shall ensure the anonymity of the person who makes the initial report
3425 under this part and any other person involved in the division's or law enforcement agency's
3426 subsequent investigation of the report.
3427 Section 53. Section 80-2-609, which is renumbered from Section 62A-4a-411 is
3428 renumbered and amended to read:
3429 [
3430 Penalty.
3431 (1) If the division has substantial grounds to believe that [
3432 knowingly failed to report [
3433
3434 shall file a complaint with:
3435 (a) the Division of Occupational and Professional Licensing if the [
3436 is a health care provider, as defined in [
3437 mental health therapist, as defined in Section 58-60-102;
3438 (b) the appropriate law enforcement agency if the [
3439 enforcement officer, as defined in Section 53-13-103; [
3440 (c) the State Board of Education if the [
3441 Section 53E-6-102.
3442 (2) (a) [
3443 person willfully fails to report [
3444
3445 (b) If [
3446 the [
3447 (i) complete community service hours; or
3448 (ii) complete a program on preventing abuse and neglect of children.
3449 (c) In determining whether it would be appropriate to charge [
3450 with a violation of Subsection (2)(a), the prosecuting attorney shall take into account whether a
3451 reasonable [
3452 because reporting would have placed the [
3453 serious bodily injury.
3454 (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
3455 [
3456 [
3457 (e) A prosecution for failure to report under Subsection (2)(a) shall be commenced
3458 within two years after the day on which the [
3459 abuse[
3460 circumstances described in Subsection 80-2-603(2) and willfully failed to report.
3461 (3) Under circumstances not amounting to a violation of Section 76-8-508, [
3462
3463 intimidates, or attempts to intimidate a child who is the [
3464
3465 report, a witness, or any other person cooperating with an investigation conducted in
3466 accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child.
3467 Section 54. Section 80-2-610, which is renumbered from Section 62A-4a-410 is
3468 renumbered and amended to read:
3469 [
3470 (1) (a) [
3471
3472 division or a peace officer or law enforcement agency of suspected abuse or neglect of a child,
3473 is immune from civil and criminal liability in connection with the report or notification.
3474 (b) Except as provided in Subsection (3), [
3475
3476 the division, serving as a member of a child protection team, or taking a child into protective
3477 custody in accordance with [
3478 is immune from civil or criminal liability in connection with those actions.
3479 (2) This section does not provide immunity with respect to [
3480 omission of a governmental employee except as provided in Title 63G, Chapter 7,
3481 Governmental Immunity Act of Utah.
3482 (3) The immunity described in Subsection (1)(b) does not apply if the person[
3483
3484 (a) acted or failed to act through fraud or willful misconduct;
3485 (b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon a
3486 lawful oath or in any form allowed by law as a substitute for an oath, false testimony material
3487 to the issue or matter of inquiry in the proceeding; [
3488 (c) intentionally or knowingly[
3489 [
3490 conscious disregard for the rights of others, failed to disclose evidence that was known by the
3491 person to be relevant to a material issue or matter of inquiry in:
3492 [
3493 [
3494
3495 person[
3496 [
3497
3498 evidence was requested of the employee by a party to the proceeding or counsel for a party to
3499 the proceeding.
3500 (4) Immunity is not lost under Subsection [
3501
3502 (a) failed to disclose evidence described in Subsection [
3503 person[
3504 (b) (i) in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose
3505 evidence described in Subsection [
3506 evidence; and
3507 (ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or
3508 responded to a valid court order or valid subpoena received by the person[
3509
3510 Section 55. Section 80-2-611, which is renumbered from Section 62A-4a-1007 is
3511 renumbered and amended to read:
3512 [
3513 (1) The division may conduct an investigation to determine whether a report under
3514 Section 80-2-602 or 80-2-603 is false.
3515 [
3516 makes a report of abuse or neglect that is placed into or included in any part of the
3517 Management Information System, if the division determines, at the conclusion of [
3518 division's investigation, that:
3519 (a) the report is false;
3520 (b) it is more likely than not that the person knew the report was false at the time that
3521 person [
3522 (c) the reporting person's address is known or reasonably available.
3523 [
3524 person of:
3525 (a) the division's determination made under Subsection [
3526 (b) the penalty for submitting false information under Section 76-8-506 and other
3527 applicable laws; and
3528 (c) the obligation or ability of the division under Subsection (4) to inform law
3529 enforcement and the person alleged to have committed abuse or neglect:
3530 (i) in the present instance if [
3531 referral of the reporting person to law enforcement to be justified by the facts; or
3532 (ii) if the reporting person submits a subsequent false report involving the same alleged
3533 perpetrator or victim.
3534 [
3535 (a) may inform law enforcement and the alleged perpetrator of a report for which a
3536 certified letter is required to be sent under Subsection [
3537 justified by the facts[
3538 [
3539 report for which a certified letter is required to be sent under Subsection [
3540 letter is sent to the reporting person involving the same alleged perpetrator or victim[
3541 [
3542 [
3543 report; and
3544 [
3545 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not informing
3546 an alleged perpetrator about a false report.
3547 [
3548 require the division to conduct an investigation beyond what is described in [
3549 Subsections (1) and (2), to determine whether [
3550 Section 56. Section 80-2-701, which is renumbered from Section 62A-4a-409 is
3551 renumbered and amended to read:
3552
3553 [
3554 unsupported reports -- Convening of child protection team -- Coordination with law
3555 enforcement -- Consultation with child protection team before close of investigation.
3556 (1) (a) The division shall conduct a thorough preremoval investigation upon receiving
3557 [
3558
3559 reasonable cause to suspect that a situation of abuse, neglect, or the circumstances described
3560 [
3561 (b) The primary purpose of the preremoval investigation described in Subsection (1)(a)
3562 shall be protection of the child.
3563 (2) The preremoval investigation described in Subsection (1)(a) shall [
3564
3565 [
3566 (3) The division shall make a written report of [
3567 investigation under Subsection (1)(a) that [
3568 whether the alleged abuse or neglect in the report described in Subsection (1)(a) is supported,
3569 unsupported, or without merit.
3570 (4) [
3571 (a) shall use an interdisciplinary approach [
3572 [
3573 (b) [
3574 protection team to assist the division in the division's protective, diagnostic, assessment,
3575 treatment, and coordination services[
3576 (c) [
3577 the division's protective, diagnostic, assessment, treatment, [
3578 [
3579
3580
3581 [
3582 [
3583 [
3584
3585 [
3586 (5) If a report of neglect is based [
3587 neglect, the division shall immediately consult with school authorities to verify the child's
3588 status in accordance with Sections 53G-6-201 through 53G-6-206.
3589 (6) [
3590 preremoval investigation under this [
3591 completion to the person who made the initial report described in Subsection (1)(a).
3592 (7) [
3593 welfare caseworker:
3594 (a) has authority to:
3595 (i) enter upon public or private premises, using appropriate legal processes[
3596 (ii) to investigate [
3597 [
3598 Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof[
3599 (b) may take a child into protective custody in accordance with Chapter 2a, Removal
3600 and Protective Custody of a Child.
3601 [
3602
3603 [
3604
3605 [
3606 [
3607 [
3608
3609 [
3610
3611
3612 [
3613
3614
3615 [
3616
3617 [
3618
3619 [
3620 [
3621 [
3622 [
3623 [
3624 [
3625 [
3626 [
3627 [
3628
3629 [
3630
3631
3632
3633
3634
3635
3636 [
3637 (8) If law enforcement has investigated or is conducting an investigation of alleged
3638 abuse or neglect of a child, the division:
3639 (a) [
3640 adequate safety plan to protect the child from further abuse or neglect; and
3641 (b) [
3642 division's determination, has been satisfactorily completed by law enforcement.
3643 [
3644 involved in the investigation of alleged abuse or neglect of a child, the division shall consult
3645 with the child protection team before closing the case.
3646 Section 57. Section 80-2-702, which is renumbered from Section 62A-4a-202.3 is
3647 renumbered and amended to read:
3648 [
3649 or unsupported reports -- Convening of child protection team -- Cooperation with law
3650 enforcement -- Close of investigation.
3651 (1) [
3652 [
3653 [
3654 immediately initiate an investigation of [
3655 (a) the circumstances of the child; and
3656 (b) the grounds upon which the decision to place the child into protective custody was
3657 made.
3658 (2) The division's investigation under Subsection (1) shall conform to reasonable
3659 professional standards[
3660 (a) a search for and review of any records of past reports of abuse or neglect involving:
3661 (i) the same child;
3662 (ii) any sibling or other child residing in the same household as the child; and
3663 (iii) the alleged perpetrator;
3664 (b) with regard to a child who is five years old or older, a personal interview with the
3665 child:
3666 (i) outside of the presence of the alleged perpetrator; and
3667 (ii) conducted in accordance with the requirements of [
3668 80-2-704;
3669 (c) if a parent or guardian [
3670 child's parents or guardian;
3671 (d) an interview with the person who reported the abuse, unless the report was made
3672 anonymously;
3673 (e) [
3674 had direct contact with the child, including:
3675 (i) school personnel; and
3676 (ii) the child's health care provider;
3677 (f) an unscheduled visit to the child's home, unless:
3678 (i) there is a reasonable basis to believe that the reported abuse was committed by a
3679 person who:
3680 (A) is not the child's parent; and
3681 (B) does not[
3682 child in the child's home; or
3683 (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
3684 (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
3685 failure to meet the child's medical needs, a medical examination, obtained no later than 24
3686 hours after the child is placed in protective custody.
3687 (3) The division may rely on a written report of a prior interview rather than
3688 conducting an additional interview under Subsection (2), if:
3689 (a) law enforcement:
3690 (i) previously conducted a timely and thorough investigation regarding the alleged
3691 abuse, neglect, or dependency; and
3692 (ii) produced a written report;
3693 (b) the investigation described in Subsection (3)(a)(i) included one or more of the
3694 interviews [
3695 (c) the division finds that an additional interview is not in the best interest of the child.
3696 (4) (a) (i) The division shall:
3697 (A) make a determination after the division's investigation under Subsection (1)
3698 regarding whether the report is supported, unsupported, or without merit; and
3699 (B) base the determination on the facts of the case at the time the report is made.
3700 [
3701 unsupported may be based on the child's statements alone.
3702 (b) The division may not:
3703 [
3704
3705 [
3706 [
3707 [
3708 case as unsupported solely because the perpetrator [
3709 [
3710
3711 (5) The division [
3712 division finds that one or more of the following conditions exist:
3713 (a) the child does not have a natural parent, guardian, or responsible relative who is
3714 able and willing to provide safe and appropriate care for the child;
3715 (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
3716 (ii) there are no reasonable means by which the child can be protected in:
3717 (A) the child's home; or
3718 (B) the home of a responsible relative;
3719 (c) there is substantial evidence that the parent or guardian is likely to flee the
3720 jurisdiction of the juvenile court; or
3721 (d) the child has left a previously court ordered placement.
3722 (6) [
3723 weekends and holidays, the division shall:
3724 [
3725
3726 [
3727 shelter hearing, in accordance with Section 80-3-301.
3728 [
3729
3730
3731 [
3732
3733 [
3734 [
3735
3736 [
3737
3738 [
3739 [
3740 [
3741 [
3742
3743 [
3744
3745 [
3746
3747 [
3748
3749 [
3750
3751
3752
3753 [
3754
3755
3756
3757 [
3758
3759 [
3760
3761 [
3762
3763
3764 [
3765
3766
3767 [
3768 investigation and with the members of a child protection team, if applicable, regarding the
3769 alleged perpetrator.
3770 [
3771 division [
3772 to locate the child and family members including:
3773 (a) visiting the home at times other than normal work hours;
3774 (b) contacting local schools;
3775 (c) contacting local, county, and state law enforcement agencies; and
3776 (d) checking public assistance records.
3777 Section 58. Section 80-2-703, which is renumbered from Section 62A-4a-202.6 is
3778 renumbered and amended to read:
3779 [
3780 Authority of investigators.
3781 (1) (a) The department, through the Office of Quality and Design created in Section
3782 62A-18-103, shall conduct an independent child protective service investigation to investigate
3783 reports of abuse or neglect if:
3784 (i) the report occurs while the child is in the custody of the division; or
3785 (ii) the executive director of the department determines that, if the division conducts
3786 the investigation, the division would have an actual or potential conflict of interest in the
3787 results of the investigation.
3788 (b) [
3789 indicates the child is abused or neglected:
3790 (i) the attorney general may, in accordance with Section 67-5-16, and with the consent
3791 of the department, employ a child protective services investigator to conduct a conflict
3792 investigation of the report; or
3793 (ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent
3794 of the department, conduct a conflict investigation of the report.
3795 (c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the
3796 consent of the department, conducting a criminal investigation of abuse or neglect under Title
3797 53, Public Safety Code.
3798 (2) [
3799 allegations of abuse or neglect of a child by a department employee or a licensed substitute care
3800 provider.
3801 (3) [
3802 enforcement [
3803 [
3804 (a) make a thorough investigation under Section 80-2-701 upon receiving [
3805
3806 [
3807 (b) make an inquiry into the child's home environment, emotional, or mental health, the
3808 nature and extent of the child's injuries, and the child's physical safety;
3809 (c) make a written report of [
3810 determination regarding whether the alleged abuse or neglect [
3811 or without merit, and forward a copy of [
3812 mandates for investigations established by the division; and
3813 (d) immediately consult with school authorities to verify the child's status in
3814 accordance with Sections 53G-6-201 through 53G-6-206 [
3815 or includes an allegation of educational neglect.
3816 Section 59. Section 80-2-704, which is renumbered from Section 62A-4a-414 is
3817 renumbered and amended to read:
3818 [
3819 the child -- Notice -- Recording.
3820 (1) The division may conduct an investigative interview of a child who:
3821 (a) except as provided in Subsection (5), is the subject of the report or identified during
3822 an investigation under Subsection 80-2-701; or
3823 (b) is in protective custody before the day on which the adjudication hearing is held
3824 under Section 80-3-401.
3825 (2) (a) If the division interviews a child under Subsection (1), the division shall:
3826 (i) except as provided in Subsection (3), conduct the interview with a support person of
3827 the child's choice present; and
3828 (ii) except as provided in Subsection (6), audiotape or videotape the interview.
3829 (b) The interviewer described in Subsection (1) shall say at the beginning of the
3830 audiotape or videotape:
3831 (i) the time, date, and place of the interview; and
3832 (ii) the full name and age of the child being interviewed.
3833 (3) (a) Except as provided in Subsection (3)(b), the support person described in
3834 Subsection (2) may be:
3835 (i) a school teacher;
3836 (ii) a school administrator;
3837 (iii) a guidance counselor;
3838 (iv) a child care provider;
3839 (v) a family member;
3840 (vi) a family advocate;
3841 (vii) a member of the clergy; or
3842 (viii) another individual chosen by the child.
3843 (b) The support person described in Subsection (2) may not be an individual who is
3844 alleged to be, or potentially may be, the perpetrator.
3845 (c) (i) Subsection (2)(a)(i) does not apply if the child refuses to have a support person
3846 present during the interview.
3847 (ii) If the child refuses to have a support person present during the interview, the
3848 interviewer shall document, in writing, the refusal and the reasons for the refusal.
3849 (iii) The division shall track the number of interviews under this section during which a
3850 child refuses to have a support person present for each interviewer, to determine whether a
3851 particular interviewer has a higher incidence of refusals than other interviewers.
3852 (4) (a) Except as provided in Subsection (4)(b), the division shall notify the child's
3853 parent before the time at which the interview under Subsection (1)(a) is held of:
3854 (i) the specific allegations concerning the child; and
3855 (ii) the time and place of the interview.
3856 (b) (i) The division is not required to provide notice under Subsection (4)(a) if the
3857 child's parent or stepparent or the parent's paramour is identified as the alleged perpetrator.
3858 (ii) If the alleged perpetrator is unknown, or the alleged perpetrator's relationship to the
3859 child's family is unknown, the division may conduct a minimal interview or conversation with
3860 the child that does not exceed 15 minutes before providing notice under Subsection (4)(a).
3861 (iii) The division shall notify the parent of a child who is interviewed under Subsection
3862 (4)(b)(i) or (ii) as soon as practicable after the interview is conducted and no later than 24 hours
3863 after the interview is conducted.
3864 (c) The division shall notify the child's parent of the time and place of all subsequent
3865 interviews of the child.
3866 [
3867 Subsections (5)(a)(ii) and (6), the division may interview a child under Subsection (1)(a)
3868 during an investigation [
3869 80-2-701 that involves allegations of sexual abuse, sexual exploitation, severe abuse, or severe
3870 neglect of [
3871 [
3872 by other electronic means;
3873 [
3874 visible on the final product;
3875 [
3876 visible to any subsequent viewer of the recording; and
3877 [
3878 interview.
3879 [
3880 interviews conducted in accordance with Subsection [
3881 [
3882 (b) The division shall conduct an interview under Subsection (5)(a) in an existing
3883 Children's Justice Center or in a soft interview room, [
3884 [
3885 the [
3886 [
3887 Subsection [
3888
3889 caseworker shall clearly say at the beginning of the tape:
3890 (i) the time, date, and place of the interview;
3891 (ii) the full name and age of the child being interviewed; and
3892 (iii) that the equipment required under Subsection [
3893 (6) (a) Subject to Subsection (6)(b), the division may conduct an interview under
3894 Subsection (1) or (5) without taping the interview if the child:
3895 (i) is at least nine years old;
3896 (ii) refuses to have the interview audiotaped; and
3897 (iii) refuses to have the interview videotaped.
3898 (b) If, under Subsection (6)(a), an interview is conducted without being taped, the
3899 division shall document the child's refusal to have the interview taped as follows:
3900 [
3901
3902
3903 [
3904
3905 [
3906 [
3907 [
3908 [
3909
3910 (i) the interviewer shall attempt to get the child's refusal on tape, including the reasons
3911 for the refusal; or
3912 (ii) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
3913 interviewer shall:
3914 (A) state on the tape that the child is present, but has refused to have the interview,
3915 refusal, or the reasons for the refusal taped; or
3916 (B) if complying with Subsection [
3917 who would otherwise consent to be interviewed, to refuse to be interviewed, the interviewer
3918 shall document, in writing, that the child refused to allow the interview to be taped and the
3919 reasons for that refusal.
3920 (c) The division shall track the number of interviews under this section that are not
3921 taped, and the number of refusals that are not taped, for each interviewer, in order to determine
3922 whether a particular interviewer has a higher incidence of refusals, or taped refusals, than other
3923 interviewers.
3924 Section 60. Section 80-2-705, which is renumbered from Section 62A-4a-415 is
3925 renumbered and amended to read:
3926 [
3927 custody.
3928 (1) Except as provided in Subsection (2), the division may not consent to the interview
3929 of a child in [
3930 custody by a law enforcement officer, unless consent for the interview is obtained from the
3931 child's guardian ad litem.
3932 (2) Subsection (1) does not apply if a guardian ad litem is not appointed for the child.
3933 Section 61. Section 80-2-706, which is renumbered from Section 62A-4a-202.8 is
3934 renumbered and amended to read:
3935 [
3936 investigation -- Coordination of team -- Timing of team meetings.
3937 [
3938 (1) (a) The division shall convene a child protection team for a particular case:
3939 (i) in accordance with Section 80-2-701;
3940 (ii) if the child is taken into protective custody, for the purpose of reviewing the
3941 circumstances regarding removal of the child from the child's home or school; or
3942 (iii) if the division files an abuse, neglect, or dependency petition, as defined in Section
3943 80-3-102, for the purposes of:
3944 (A) reviewing the circumstances of the filing of the abuse, neglect, or dependency
3945 petition; and
3946 (B) developing or reviewing implementation of a safety plan to protect the child from
3947 further abuse, neglect, or dependency.
3948 (b) The division may convene a child protection team for a particular case if:
3949 [
3950 [
3951 [
3952 enforcement or the division; and
3953 [
3954 and identification of resources, services, or actions that support the child and the child's family.
3955 [
3956
3957 [
3958 [
3959
3960 (2) (a) A representative of the division shall serve as coordinator and chair of a child
3961 protection team convened under Subsection (1).
3962 (b) A member of the child protection team shall serve at the coordinator's invitation.
3963 (c) If possible, the child protection team coordinator and chair shall include on the
3964 child protection team a representative of:
3965 (i) health, mental health, education, and law enforcement agencies;
3966 (ii) the child;
3967 (iii) a parent and family support group unless the parent is alleged to be the perpetrator;
3968 and
3969 (iv) other appropriate agencies and individuals.
3970 (3) The division shall hold the child protection team meeting [
3971 Subsection [
3972 [
3973
3974 [
3975
3976
3977
3978 [
3979 weekends and holidays, if the child is taken into protective custody [
3980
3981 (b) 24 hours after the abuse, neglect, or dependency petition, as defined in Section
3982 80-3-102, is filed, excluding weekends and holidays, if the child who is the subject of the
3983 abuse, neglect, or dependency petition will likely be taken into protective custody unless there
3984 is an expedited hearing and services ordered under the protective supervision of the juvenile
3985 court; or
3986 (c) 14 days after the day on which the abuse, neglect, or dependency petition, as
3987 defined in Section 80-3-102, is filed.
3988 (4) At [
3989 child protection team shall review the complete child protective services and foster care history
3990 of the child and the child's parents and siblings.
3991 Section 62. Section 80-2-707, which is renumbered from Section 62A-4a-1009 is
3992 renumbered and amended to read:
3993 [
3994 division investigation -- Notice to alleged perpetrator -- Rights of alleged perpetrator --
3995 Administrative review -- Joinder in juvenile court.
3996 (1) (a) Except as provided in Subsection (2), if, after investigation, the division makes
3997 a supported finding, the division shall send a notice of agency action to [
3998
3999 (b) If the alleged perpetrator described in Subsection (1)(a) is under [
4000 years old, the division shall:
4001 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
4002 (ii) send a notice to each parent or guardian identified under Subsection [
4003 (1)(b)(i) that lives at a different address, unless there is good cause, as defined by rule, made in
4004 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not sending a
4005 notice to [
4006 [
4007 (c) This section does not affect:
4008 (i) the manner in which the division conducts an investigation; or
4009 (ii) the use or effect, in any other setting, of a supported finding by the division at the
4010 completion of an investigation for any purpose other than for notification under Subsection (1)
4011 (a) or (b).
4012 (2) Subsection (1) does not apply to [
4013 who is served with notice under [
4014 (3) The notice described in Subsection (1) shall state that:
4015 (a) [
4016 neglect, or dependency;
4017 (b) [
4018 (c) [
4019 (d) [
4020 (i) a copy of the report; and
4021 (ii) an opportunity to challenge the supported finding by the division; and
4022 (e) [
4023 days [
4024 unappealable supported finding of abuse, neglect, or dependency unless the [
4025 perpetrator can show good cause for why compliance within the 30-day requirement [
4026 virtually impossible or unreasonably burdensome.
4027 (4) (a) [
4028 make a request to challenge a supported finding within 30 days [
4029 after the day on which the alleged perpetrator receives a notice under this section.
4030 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
4031 Hearings shall hold an adjudicative proceeding [
4032 Administrative Procedures Act.
4033 (5) (a) In an adjudicative proceeding held [
4034 [
4035 or dependency occurred and that the alleged perpetrator [
4036 the abuse or neglect that occurred.
4037 (b) Any party [
4038 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
4039 (c) [
4040 section shall be closed to the public.
4041 (d) The Judicial Council shall make rules that ensure the confidentiality of the
4042 [
4043 proceedings.
4044 (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after
4045 receiving notice, fails to challenge a supported finding in accordance with this section:
4046 (a) may not further challenge the finding; and
4047 (b) shall have no right to:
4048 (i) agency review of the finding;
4049 (ii) an adjudicative hearing on the finding; or
4050 (iii) judicial review of the finding.
4051 (7) (a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a
4052 request under Subsection (4) to challenge a supported finding if a court of competent
4053 jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that
4054 the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency [
4055
4056 (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
4057 (c) An adjudicative proceeding under Subsection (5) may be stayed during the time a
4058 judicial action on the same matter is pending.
4059 (8) [
4060 finding of a type of abuse or neglect that does not constitute a severe type of child abuse or
4061 neglect may be joined in the juvenile court with an [
4062 supported finding of a severe type of child abuse or neglect.
4063 Section 63. Section 80-2-708, which is renumbered from Section 62A-4a-1005 is
4064 renumbered and amended to read:
4065 [
4066 or neglect after division investigation -- Notation in Licensing Information System --
4067 Juvenile court petition or notice to alleged perpetrator -- Rights of alleged perpetrator.
4068 (1) If, after investigation, the division makes a supported finding that [
4069 individual committed a severe type of child abuse or neglect, the division shall:
4070 (a) serve notice of the supported finding on the alleged perpetrator;
4071 [
4072
4073 [
4074
4075 [
4076 (b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the
4077 Licensing Information System; and
4078 (c) if the division considers it advisable, file a petition for substantiation within one
4079 year [
4080 (2) The notice [
4081 (a) shall state that:
4082 (i) the division [
4083 (ii) the division [
4084 Subsection (1) committed a severe type of child abuse or neglect;
4085 (iii) facts gathered by the division support the supported finding;
4086 (iv) as a result of the supported finding, the alleged perpetrator's name and other
4087 identifying information have been listed in the Licensing Information System in accordance
4088 with Subsection (1)(b);
4089 (v) the alleged perpetrator may be disqualified from adopting a child, receiving state
4090 funds as a child care provider, or being licensed by:
4091 (A) the department;
4092 (B) a human services licensee;
4093 (C) a child care provider or program; or
4094 (D) a covered health care facility;
4095 (vi) the alleged perpetrator has the rights described in Subsection (3); and
4096 (vii) failure to take [
4097 after [
4098 Subsection (3)(b);
4099 (b) shall include a general statement of the nature of the [
4100 and
4101 (c) may not include:
4102 (i) the name of a victim or witness; or
4103 (ii) any privacy information related to the victim or a witness.
4104 (3) (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator
4105 has the right to:
4106 (i) file a written request asking the division to review the [
4107 made under Subsection (1);
4108 (ii) except as provided in Subsection [
4109 court under Section 80-3-404; or
4110 (iii) sign a written consent to:
4111 (A) the supported finding made under Subsection (1); and
4112 (B) entry into the Licensing Information System of[
4113 name[
4114 (1).
4115 [
4116
4117 [
4118
4119 [
4120
4121 [
4122
4123 [
4124 Subsection (3)(a)(ii) if the juvenile court previously held a hearing on the same alleged incident
4125 of abuse or neglect [
4126
4127 party.
4128 [
4129 under Subsection (3)(a)(iii) [
4130 [
4131 [
4132
4133
4134 [
4135
4136 [
4137 [
4138
4139
4140
4141 [
4142
4143
4144 [
4145 (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
4146 and
4147 (b) does not preclude civil or criminal action against the alleged perpetrator.
4148 Section 64. Section 80-2-709, which is renumbered from Section 62A-4a-202.4 is
4149 renumbered and amended to read:
4150 [
4151 information for background screening and investigation.
4152 (1) [
4153
4154 division shall have direct access to criminal background information maintained [
4155 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification[
4156 (a) background screening under this chapter, Chapter 2a, Removal and Protective
4157 Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, including
4158 background screening of an individual who has direct access, as defined in Section 62A-2-101,
4159 to a minor:
4160 (i) who is alleged to be or has been abused, neglected, or dependent; and
4161 (ii) for whom the division has an open case; or
4162 (b) investigation of abuse or neglect under this chapter, Chapter 2a, Removal and
4163 Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings.
4164 (2) [
4165 Guardian Ad Litem are authorized to request the Department of Public Safety to conduct a
4166 complete Federal Bureau of Investigation criminal background check through the national
4167 criminal history system (NCIC).
4168 Section 65. Section 80-2-801, which is renumbered from Section 62A-4a-902 is
4169 renumbered and amended to read:
4170
4171 [
4172 As used in this part:
4173 (1) "Adoptable child" means a child:
4174 (a) who is in the custody of the division; and
4175 (b) (i) who has permanency goals of adoption; or
4176 (ii) for whom a final plan for pursuing termination of parental rights is approved in
4177 accordance with Section 80-3-409.
4178 [
4179 direct financial subsidies and support to adoptive parents of a child with special needs or whose
4180 need or condition has created a barrier that would prevent a successful adoption.
4181 (b) "Adoption assistance" [
4182 reimbursement of nonrecurring adoption expenses, or monthly subsidies.
4183 (3) "Adoption services" means, except as used in Section 80-2-806:
4184 (a) placing children for adoption;
4185 (b) subsidizing adoptions under Section 80-2-301;
4186 (c) supervising adoption placements until the adoption is finalized by a court;
4187 (d) conducting adoption studies;
4188 (e) preparing adoption reports upon request of the court; and
4189 (f) providing postadoptive placement services, upon request of a family, for the
4190 purpose of stabilizing a possible disruptive placement.
4191 [
4192 (a) cannot or should not be returned to the home of [
4193 and [
4194 [
4195 [
4196 mental disability; or
4197 [
4198 [
4199 and caring for a child who has a special need.
4200 [
4201 court costs, attorney's fees, and other expenses which are directly related to the legal adoption
4202 of a child who has a special need.
4203 [
4204 assistance as those terms are defined in Section 26-18-2.
4205 [
4206 infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state
4207 medical assistance, or other public benefits for which a child who has a special need is eligible.
4208 (9) "Vendor services" means services that a person provides under contract with the
4209 division.
4210 Section 66. Section 80-2-802 is enacted to read:
4211 80-2-802. Division child placing and adoption services -- Restrictions on
4212 placement of a child.
4213 (1) Except as provided in Subsection (3), the division may provide adoption services
4214 and, as a licensed child-placing agency under Title 62A, Chapter 2, Licensure of Programs and
4215 Facilities, engage in child placing in accordance with this chapter, Chapter 2a, Removal and
4216 Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and
4217 Chapter 4, Termination and Restoration of Parental Rights.
4218 (2) The division shall base the division's decision for placement of an adoptable child
4219 for adoption on the best interest of the adoptable child.
4220 (3) The division may not:
4221 (a) in accordance with Subsection 62A-2-108.6(6), place a child for adoption, either
4222 temporarily or permanently, with an individual who does not qualify for adoptive placement
4223 under Sections 78B-6-102, 78B-6-117, and 78B-6-137;
4224 (b) consider a potential adoptive parent's willingness or unwillingness to enter a
4225 postadoption contact agreement under Section 78B-6-146 as a condition of placing a child with
4226 a potential adoptive parent; or
4227 (c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901
4228 through 1963, base the division's decision for placement of an adoptable child on the race,
4229 color, ethnicity, or national origin of either the child or the potential adoptive parent.
4230 (4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah
4231 Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section
4232 78B-6-117, priority of placement shall be provided to a family in which a couple is legally
4233 married under the laws of the state.
4234 (5) Subsections (3) and (4) do not limit the placement of a child with the child's
4235 biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25
4236 U.S.C. Sec. 1901 et seq.
4237 Section 67. Section 80-2-803 is enacted to read:
4238 80-2-803. Division promotion of adoption -- Adoption research and informational
4239 pamphlet.
4240 The division shall:
4241 (1) in accordance with Section 62A-2-126, actively promote the adoption of all
4242 children in the division's custody who have a final plan for termination of parental rights under
4243 Section 80-3-409 or a primary permanency plan of adoption;
4244 (2) develop plans for the effective use of cross-jurisdictional resources to facilitate
4245 timely adoptive or permanent placements for waiting children;
4246 (3) obtain information or conduct research regarding prior adoptive families to
4247 determine what families may do to be successful with an adoptive child;
4248 (4) make the information or research described in Subsection (3) available to potential
4249 adoptive parents;
4250 (5) prepare a pamphlet that explains the information that a child-placing agency is
4251 required to provide a potential adoptive parent under Subsection 62A-2-126(2)(b);
4252 (6) regularly distribute copies of the pamphlet described in Subsection (5) to
4253 child-placing agencies; and
4254 (7) respond to an inquiry made as a result of the notice provided by a child-placing
4255 agency under Subsection 62A-2-126(2)(b).
4256 Section 68. Section 80-2-804, which is renumbered from Section 62A-4a-205.6 is
4257 renumbered and amended to read:
4258 [
4259 contracts with child-placing agencies.
4260 (1) [
4261 of adoption or for whom a final plan for pursuing termination of parental rights [
4262 approved in accordance with Section 80-3-409, the division shall make intensive efforts to
4263 place the child in an adoptive home within 30 days [
4264 (a) [
4265 (b) [
4266 (2) If within the time periods described in Subsection (1) the division is unable to
4267 locate a suitable adoptive home, [
4268 62A-2-126, contract with [
4269 62A, Chapter 2, Licensure of Programs and Facilities, to search for an appropriate adoptive
4270 home for the child, and to place the child for adoption. [
4271
4272
4273
4274
4275 [
4276
4277
4278 [
4279
4280
4281 Section 69. Section 80-2-805, which is renumbered from Section 62A-4a-106 is
4282 renumbered and amended to read:
4283 [
4284 Access to health care for an adopted child.
4285 [
4286
4287 [
4288 [
4289 [
4290 [
4291 [
4292 [
4293 [
4294 [
4295 [
4296 [
4297
4298 [
4299
4300
4301 [
4302 division expressly requests otherwise, the division may not, solely on the basis that the parent
4303 or guardian contacts the division regarding services or requests services from the division:
4304 (a) remove or facilitate the removal of a child from the child's home;
4305 (b) file a petition for removal of a child from the child's home;
4306 (c) file a petition for a child protective order;
4307 (d) make a supported finding;
4308 (e) seek a substantiated finding;
4309 (f) file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a
4310 petition alleging that a child is [
4311 (g) file a petition for termination of parental rights, as defined in Section 80-4-102.
4312 [
4313 out-of-home services funds or division-designated post-adopt funds to provide services to a
4314 child who is adopted from the custody of the division, without requiring that [
4315 parent terminate parental rights, or that [
4316 transfer or surrender custodial rights, in order to receive the services.
4317 (b) The division may not require, request, or recommend that a parent terminate
4318 parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to
4319 receive services, using out-of-home services funds, for a child who is adopted from the custody
4320 of the division.
4321 [
4322
4323 [
4324 division requests vendor services from the division, the division shall refer the parent or
4325 guardian to a provider of vendor services, at the parent's or guardian's expense, if:
4326 (i) (A) the parent, guardian, or child is not eligible to receive the vendor services from
4327 the division; or
4328 (B) the division does not have sufficient funds to provide the services to the parent,
4329 guardian, or child;
4330 (ii) the parent, guardian, or child does not have insurance or other funds available to
4331 receive the services without the referral; and
4332 (iii) the parent or guardian desires the referral.
4333 [
4334 services, the division shall include in the contract a requirement that [
4335 division makes a referral under Subsection [
4336 (i) provide services to the parent, guardian, or child at a rate that does not exceed the
4337 rate that the vendor charges the division for the services; and
4338 (ii) may not charge the parent, guardian, or child any fee that the vendor does not
4339 charge the division.
4340 (4) The division shall ensure that a child who is adopted and was previously in the
4341 division's custody, continues to receive the medical and mental health coverage that the child is
4342 entitled to under state and federal law.
4343 Section 70. Section 80-2-806, which is renumbered from Section 62A-4a-903 is
4344 renumbered and amended to read:
4345 [
4346 Limitations.
4347 (1) The purpose of this section is to provide adoption assistance to eligible adoptive
4348 families to establish and maintain a permanent adoptive placement for a child who has a
4349 special need and who qualifies under state and federal law.
4350 (2) (a) The division may provide adoption assistance to an adoptive family who is
4351 eligible under this section.
4352 [
4353 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4354 eligibility criteria for the receipt of adoption assistance and supplemental adoption assistance.
4355 [
4356 (c) The division shall base a determination of eligibility for the receipt of adoption
4357 assistance or supplemental adoption assistance on:
4358 [
4359 [
4360 [
4361 [
4362 [
4363 assistance to provide post-adoption services to a child who is adopted from the custody of the
4364 division; and
4365 [
4366 division expressly requests otherwise, may not require, request, or recommend that a parent
4367 terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in
4368 order to receive post-adoption services for the child, regardless of whether funds for the
4369 post-adoption services come from funds appropriated for adoption assistance or post-adoption
4370 services.
4371 (3) (a) Except as provided in Subsection (3)(c) and under the federal requirements of
4372 Social Security Act, 42 U.S.C. Sec. 670 et seq., the division:
4373 (i) shall provide for:
4374 (A) payment of nonrecurring adoption expenses for an eligible child who has a special
4375 need; and
4376 (B) state medical assistance when required by federal law; and
4377 (ii) may provide for monthly subsidies for an eligible child who has a special need.
4378 (b) (i) The division shall base the level of monthly subsidy under Subsection (3)(a) on:
4379 (A) the child's present and long-term treatment and care needs; and
4380 (B) the family's ability to meet the needs of the child.
4381 (ii) The level of monthly subsidy under Subsection (3)(b)(i) may increase or decrease
4382 when the child's level of need or the family's ability to meet the child's need changes.
4383 (iii) The family or the division may initiate changes to the monthly subsidy.
4384 (c) (i) Payment of nonrecurring adoption expenses under Subsection (3)(a) may not
4385 exceed $2,000 and shall be limited to costs incurred before the day on which the adoption is
4386 finalized.
4387 (ii) Financial support provided under Subsection (3)(a) may not exceed the maximum
4388 foster care payment that would be paid at the time the subsidy amount is initiated or revised or
4389 if the eligible child had been in a foster family home.
4390 Section 71. Section 80-2-807, which is renumbered from Section 62A-4a-905 is
4391 renumbered and amended to read:
4392 [
4393 Department advisory committee.
4394 (1) (a) The division may, based [
4395 adoption assistance and, subject to Subsection (2)(c), division rules made in accordance with
4396 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide supplemental adoption
4397 assistance for a child who has a special need. [
4398
4399 (b) The division shall provide supplemental adoption assistance under Subsection
4400 (1)(a) only after all other resources for which [
4401 (2) (a) The department shall, by rule, made in accordance with Title 63G, Chapter 3,
4402 Utah Administrative Rulemaking Act, establish [
4403 committee to review and make recommendations to the division on individual requests for
4404 supplemental adoption assistance.
4405 (b) The advisory committee shall be comprised of:
4406 (i) an adoption expert;
4407 (ii) an adoptive parent;
4408 (iii) a division representative;
4409 (iv) a foster parent; and
4410 (v) an adoption caseworker.
4411 [
4412 provision that establishes a threshold amount for requests for supplemental adoption assistance
4413 that require review by the advisory committee [
4414 Section 72. Section 80-2-808, which is renumbered from Section 62A-4a-906 is
4415 renumbered and amended to read:
4416 [
4417 assistance.
4418 (1) [
4419 terminate or modify adoption assistance unless the division [
4420 parents notice and opportunity for a hearing as required in Title 63G, Chapter 4, Administrative
4421 Procedures Act.
4422 (2) [
4423 assistance if any of the following occur:
4424 (a) the adoptive parents request termination;
4425 (b) subject to Subsection (3), the child reaches 18 years [
4426
4427
4428
4429 (c) the child dies;
4430 (d) the adoptive parents die;
4431 (e) the adoptive [
4432 (f) the state determines that the child is no longer receiving support from the adoptive
4433 parents;
4434 (g) the child marries; or
4435 (h) the child enters military service.
4436 (3) Adoption assistance may not continue after the day on which the child reaches 21
4437 years old.
4438 Section 73. Section 80-2-809, which is renumbered from Section 62A-4a-907 is
4439 renumbered and amended to read:
4440 [
4441 agreements.
4442 (1) [
4443 (a) "Adoption assistance" means financial support to [
4444 parent provided under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of
4445 the Social Security Act, and Title XIX of the Social Security Act.
4446 (b) "Adoption assistance agreement" means a written agreement between the division
4447 and adoptive parents, or between any other state and adoptive parents, providing for adoption
4448 assistance.
4449 (2) The division may develop and negotiate [
4450 for the provision of medical identification and assistance to [
4451 adoptive parent who receives adoption assistance.
4452 (3) An interstate compact under Subsection (2) shall include:
4453 (a) a provision:
4454 (i) for joinder by all states;
4455 [
4456 parties, with a period of one year between the date of the notice and the effective date of
4457 withdrawal;
4458 (iii) that a child who is the subject of an adoption assistance agreement with another
4459 party state, and who subsequently becomes a resident of this state, shall receive medical
4460 identification and assistance in this state under the Adoption Assistance and Child Welfare Act
4461 of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based
4462 on the child's adoption assistance agreement; and
4463 (iv) that a child who is the subject of an adoption assistance agreement with the
4464 division, and who subsequently becomes a resident of another party state, shall receive medical
4465 identification and assistance from that state under the Adoption and Child Welfare Act of 1980,
4466 Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on his
4467 adoption assistance agreement; and
4468 [
4469 (i) each instance of adoption assistance to which the compact applies be covered by [
4470
4471 state [
4472 (ii) any agreement is expressly for the benefit of the adopted child and is enforceable
4473 by the adoptive [
4474 (iii) the protections of the interstate compact continue for the duration of the adoption
4475 assistance and apply to all children and the children's adoptive parents who receive adoption
4476 assistance from a party state other than the state in which the children reside.
4477 [
4478
4479
4480
4481
4482 [
4483
4484
4485
4486
4487 [
4488
4489
4490 [
4491 (i) shall provide services to a child who is the subject of an adoption assistance
4492 agreement executed by the division, and who is a resident of another state, if [
4493 services are not provided by the child's residence state under an interstate compact[
4494 [
4495 adoptive parent upon receipt of evidence of [
4496 for which the child is eligible, which were not paid by the residence state, and are not covered
4497 by insurance or other third party medical contract.
4498 (b) The services provided under this subsection are [
4499 is no federal contribution, or which, if federally aided, are not provided by the residence state.
4500 Section 74. Section 80-2-901 is enacted to read:
4501
4502 80-2-901. Definitions.
4503 As used in this part:
4504 (1) "State" means:
4505 (a) a state of the United States;
4506 (b) the District of Columbia;
4507 (c) the Commonwealth of Puerto Rico;
4508 (d) the Virgin Islands;
4509 (e) Guam;
4510 (f) the Commonwealth of the Northern Mariana Islands; or
4511 (g) a territory or possession administered by the United States.
4512 (2) "State plan" means the written description of the programs for children, youth, and
4513 family services administered by the division in accordance with federal law.
4514 Section 75. Section 80-2-902, which is renumbered from Section 62A-4a-703 is
4515 renumbered and amended to read:
4516 [
4517 Compact.
4518 (1) The "appropriate public authorities," as used in Article III of the Interstate Compact
4519 on the Placement of Children shall, with reference to this state, mean the division.
4520 (2) The division shall receive and act with reference to notices required by Article III of
4521 the compact.
4522 Section 76. Section 80-2-903, which is renumbered from Section 62A-4a-704 is
4523 renumbered and amended to read:
4524 [
4525 Compact.
4526 As used in Paragraph (1) of Article V of the Interstate Compact on the Placement of
4527 Children, "appropriate authority in the receiving state," with reference to this state, means the
4528 director of the division.
4529 Section 77. Section 80-2-904, which is renumbered from Section 62A-4a-707 is
4530 renumbered and amended to read:
4531 [
4532 Interstate Compact.
4533 (1) As used in Article VII of the Interstate Compact on the Placement of Children,
4534 "executive" means the executive director of the department.
4535 (2) The executive director of the department is authorized to appoint a compact
4536 administrator in accordance with the terms of Article VII of the compact.
4537 Section 78. Section 80-2-905, which is renumbered from Section 62A-4a-701 is
4538 renumbered and amended to read:
4539 [
4540 Text.
4541 The Interstate Compact on the Placement of Children is hereby enacted and entered into
4542 with all other jurisdictions that legally join in the compact which is, in form, substantially as
4543 follows: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN ARTICLE I
4544 Purpose and Policy
4545 It is the purpose and policy of the party states to cooperate with each other in the
4546 interstate placement of children so that:
4547 (1) Each child requiring placement shall receive the maximum opportunity to be placed
4548 in a suitable environment and with persons or institutions having appropriate qualifications and
4549 facilities to provide necessary and desirable care.
4550 (2) The appropriate authorities in a state where a child is to be placed may have full
4551 opportunity to ascertain the circumstances of the proposed placement, thereby promoting full
4552 compliance with applicable requirements for the protection of the child.
4553 (3) The proper authorities of the state from which the placement is made may obtain
4554 the most complete information on the basis of which to evaluate a projected placement before
4555 it is made.
4556 (4) Appropriate jurisdictional arrangements for the care of the children will be
4557 promoted. ARTICLE II Definitions
4558 As used in this compact:
4559 (1) "Child" means a person who, by reason of minority, is legally subject to parental,
4560 guardianship, or similar control.
4561 (2) "Sending agency" means a party state, officer, or employee thereof; a subdivision of
4562 a party state, or officer or employee thereof; a court of a party state; a person, corporation,
4563 association, Indian tribe, charitable agency, or other entity which sends, brings, or causes to be
4564 sent or brought any child to another party state.
4565 (3) "Receiving state" means the state to which a child is sent, brought or caused to be
4566 sent or brought, whether by public authorities or private persons or agencies, and whether for
4567 placement with state or local public authorities or for placement with private agencies or
4568 persons.
4569 (4) "Placement" means the arrangement for the care of a child in a family free,
4570 adoptive, or boarding home, or in a child-caring agency or institution but does not include any
4571 institution caring for the mentally ill, mentally defective or epileptic or any institution,
4572 primarily educational in character, and any hospital or other medical facility. ARTICLE III
4573 Conditions for Placement
4574 (1) No sending agency shall send, bring, or cause to be sent or brought into any other
4575 party state any child for placement in foster care or as a preliminary to a possible adoption
4576 unless the sending agency shall comply with each and every requirement set forth in this article
4577 and with the applicable laws of the receiving state governing the placement of children therein.
4578 (2) Prior to sending, bringing, or causing any child to be sent or brought into a
4579 receiving state for placement in foster care or as a preliminary to a possible adoption, the
4580 sending agency shall furnish the appropriate public authorities in the receiving state written
4581 notice of the intention to send, bring, or place the child in the receiving state. The notice shall
4582 contain:
4583 (a) The name, date, and place of birth of the child.
4584 (b) The identity and address or addresses of the parents or legal guardian.
4585 (c) The name and address of the person, agency, or institution to or with which the
4586 sending agency proposes to send, bring, or place the child.
4587 (d) A full statement of the reasons for such proposed action and evidence of the
4588 authority pursuant to which the placement is proposed to be made.
4589 (e) Any public officer or agency in a receiving agency state which is in receipt of a
4590 notice pursuant to Paragraph (2) of this article may request of the sending agency, or any other
4591 appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive
4592 therefrom, such supporting or additional information as it may deem necessary under the
4593 circumstances to carry out the purpose and policy of this compact.
4594 (f) The child shall not be sent, brought, or caused to be sent or brought into the
4595 receiving state until the appropriate public authorities in the receiving state shall notify the
4596 sending agency, in writing, to the effect that the proposed placement does not appear to be
4597 contrary to the interests of the child. ARTICLE IV Penalty for Illegal Placement
4598 The sending, bringing, or causing to be sent or brought into any receiving state of a
4599 child in violation of the terms of this compact shall constitute a violation of the laws respecting
4600 the placement of children of both the state in which the sending agency is located or from
4601 which it sends or brings the child and of the receiving state. Such violation may be punished or
4602 subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability
4603 for any such punishment or penalty, any violation shall constitute full and sufficient grounds
4604 for the suspension or revocation of any license, permit, or other legal authorization held by the
4605 sending agency which empowers or allows it to place, or care for children. ARTICLE V
4606 Retention of Jurisdiction
4607 (1) The sending agency shall retain jurisdiction over the child sufficient to determine
4608 all matters in relation to the custody, supervision, care, treatment, and disposition of the child
4609 which it would have had if the child had remained in the sending agency's state, until the child
4610 is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of
4611 the appropriate authority in the receiving state. Such jurisdiction shall also include the power
4612 to effect or cause the return of the child or its transfer to another location and custody pursuant
4613 to law. The sending agency shall continue to have financial responsibility for support and
4614 maintenance of the child during the period of the placement. Nothing contained herein shall
4615 defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency
4616 or crime committed therein.
4617 (2) When the sending agency is a public agency, it may enter into an agreement with an
4618 authorized public or private agency in the receiving state providing for the performance of one
4619 or more services in respect of such case by the latter as agent for the sending agency.
4620 (3) Nothing in this compact shall be construed to prevent any agency authorized to
4621 place children in the receiving agency from performing services or acting as agent in the
4622 receiving agency jurisdiction for a private charitable agency of the sending agency; nor to
4623 prevent the receiving agency from discharging financial responsibility for the support and
4624 maintenance of a child who has been placed on behalf of the sending agency without relieving
4625 the responsibility set forth in Paragraph (1) above. ARTICLE VI Institutional Care of
4626 Delinquent Children
4627 A child adjudicated delinquent may be placed in an institution in another party
4628 jurisdiction pursuant to this compact, but no such placement shall be made unless the child is
4629 given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to
4630 his being sent to such other party jurisdiction for institutional care and the court finds that:
4631 (1) equivalent facilities for the child are not available in the sending agency's
4632 jurisdiction; and
4633 (2) institutional care in the other jurisdiction is in the best interest of the child and will
4634 not produce undue hardship. ARTICLE VII Compact Administrator
4635 The executive head of each jurisdiction party to this compact shall designate an officer
4636 who shall be general coordinator of activities under this compact in his jurisdiction and who,
4637 acting jointly with like officers of the party jurisdictions, shall have power to promulgate rules
4638 and regulations to carry out more effectively the terms and provisions of this compact.
4639 ARTICLE VIII Limitations
4640 This compact shall not apply to:
4641 (1) The sending or bringing of a child into a receiving state by his parent, step-parent,
4642 grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child
4643 with any such relative or nonagency guardian in the receiving state.
4644 (2) Any placement, sending or bringing of a child into a receiving state pursuant to any
4645 other interstate compact to which both the state from which the child is sent or brought and the
4646 receiving state are party or to any other agreement between said states which has the force of
4647 law. ARTICLE IX Enactment and Withdrawal
4648 This compact shall be open to joinder by any state, territory, or possession of the United
4649 States, the District of Columbia, the commonwealth of Puerto Rico, and with the consent of
4650 Congress, the government of Canada or any province thereof. It shall become effective with
4651 respect to any such jurisdiction when such jurisdiction has enacted the same into law.
4652 Withdrawal from this compact shall be by the enactment of a statute repealing the same but
4653 shall not take effect until two years after the effective date of such statute and until written
4654 notice of the withdrawal has been given by the withdrawing state to the governor of each other
4655 party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations
4656 under this compact of any sending agency therein with respect to a placement made prior to the
4657 effective date of withdrawal. ARTICLE X Construction and Severability
4658 The provisions of this compact shall be liberally construed to effectuate the purposes
4659 thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence,
4660 or provision of this compact is declared to be contrary to the constitution of any party state or
4661 of the United States, the applicability thereof to any government, agency, person, or
4662 circumstance shall not be affected thereby. If this compact shall be held contrary to the
4663 constitution of any state party thereto, the compact shall remain in full force and effect as to the
4664 remaining states and in full force and effect as to the state affected as to all severable matters.
4665 Section 79. Section 80-2-906, which is renumbered from Section 62A-4a-702 is
4666 renumbered and amended to read:
4667 [
4668 Interstate Compact.
4669 (1) Financial responsibility for a child placed [
4670 Interstate Compact on the Placement of Children shall, in the first instance, be determined in
4671 accordance with the provisions of Article V of the compact. [
4672 (2) In the event of partial or complete default of performance [
4673 compact, the provisions of Title 78B, Chapter 12, Utah Child Support Act, may also be
4674 invoked.
4675 Section 80. Section 80-2-907, which is renumbered from Section 62A-4a-705 is
4676 renumbered and amended to read:
4677 [
4678 Compact.
4679 Requirements for visitation, inspection, or supervision of children, homes, institutions,
4680 or other agencies in another party state which may apply under [
4681 this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall be deemed to be
4682 met if performed [
4683 agencies of this state, or a subdivision thereof, as contemplated by Paragraph (2) of Article V
4684 of the Interstate Compact on the Placement of Children.
4685 Section 81. Section 80-2-908, which is renumbered from Section 62A-4a-706 is
4686 renumbered and amended to read:
4687 [
4688 Interstate Compact.
4689 Any court having jurisdiction to place delinquent children may place such a child in an
4690 institution in another state, [
4691 Placement of Children, and shall retain jurisdiction as provided in Article V of the compact.
4692 Section 82. Section 80-2-909, which is renumbered from Section 62A-4a-708 is
4693 renumbered and amended to read:
4694 [
4695 Any person who, under any law of this state other than this part or the [
4696
4697 [
4698 shall continue to have the ability lawfully to make or assist in making that placement, and the
4699 provisions of [
4700 62A-2-126, 62A-2-127, Subsections 80-2-802(3)(a) and (4) and 80-2-803(1), (2), and (5)
4701 through (7), and [
4702 Section 83. Section 80-2-910, which is renumbered from Section 62A-4a-710 is
4703 renumbered and amended to read:
4704 [
4705 (1) The state of Utah may request a home study report from another state or an Indian
4706 Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of
4707 the jurisdiction of the state of Utah.
4708 (2) The state of Utah may not impose any restriction on the ability of a state agency
4709 administering, or supervising the administration of, a state program operated under a state plan
4710 approved under Section 42 U.S.C. 671 to contract with a private agency to conduct a home
4711 study report described in Subsection (1).
4712 (3) [
4713 (1), the home study report shall be considered to meet all requirements imposed by the state of
4714 Utah for completion of a home study before a child is placed in a home, unless, within 14 days
4715 after the day on which the report is received, the state of Utah determines, based on grounds
4716 that are specific to the content of the report, that making a decision in reliance on the report
4717 would be contrary to the welfare of the child.
4718 Section 84. Section 80-2-1001, which is renumbered from Section 62A-4a-1003 is
4719 renumbered and amended to read:
4720
4721 [
4722 Classification of records -- Access.
4723 (1) [
4724 that meets the requirements of this section and the requirements of federal law and regulation.
4725 [
4726 [
4727
4728 [
4729
4730
4731
4732 [
4733
4734 [
4735 [
4736
4737
4738 [
4739
4740
4741 [
4742 [
4743
4744
4745 (2) The Management Information System shall:
4746 (a) contain all key elements of each family's current child and family plan, including:
4747 (i) the dates and number of times the plan has been administratively or judicially
4748 reviewed;
4749 (ii) the number of times the parent failed the child and family plan; and
4750 (iii) the exact length of time the child and family plan has been in effect; and
4751 (b) alert child welfare caseworkers regarding deadlines for completion of and
4752 compliance with policy, including child and family plans.
4753 [
4754 Information System shall provide each child welfare caseworker and the [
4755
4756 foster parent licensure and monitoring, with a complete history of each child in [
4757 the child welfare caseworker's caseload, including:
4758 (a) a record of all past action taken by the division with regard to [
4759 the child's siblings;
4760 (b) the complete case history and all reports and information in the control or keeping
4761 of the division regarding [
4762 (c) the number of times the child has been in the protective custody, temporary
4763 custody, and custody of the division;
4764 (d) the cumulative period of time the child has been in the custody of the division;
4765 (e) a record of all reports of abuse or neglect received by the division with regard to
4766 [
4767 (i) for each report, documentation of the:
4768 (A) latest status; or
4769 (B) final outcome or determination; and
4770 (ii) information that indicates whether each report was found to be:
4771 (A) supported;
4772 (B) unsupported;
4773 (C) substantiated;
4774 (D) unsubstantiated; or
4775 (E) without merit;
4776 (f) the number of times the child's parent [
4777 and
4778 (g) the number of different child welfare caseworkers who have been assigned to [
4779 the child in the past.
4780 [
4781 [
4782 [
4783
4784 [
4785
4786 [
4787 [
4788
4789 (4) [
4790 Information System shall:
4791 (a) monitor the compliance of each case with:
4792 (i) division rule;
4793 (ii) state law; and
4794 (iii) federal law and regulation; and
4795 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
4796 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
4797 the alleged perpetrator.
4798 (5) Information or a record contained in the Management Information System is:
4799 (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government
4800 Records Access and Management Act; and
4801 (b) available only:
4802 (i) to a person or government entity with statutory authorization under Title 63G,
4803 Chapter 2, Government Records Access and Management Act, to review the information or
4804 record;
4805 (ii) to a person who has specific statutory authorization to access the information or
4806 record for the purpose of assisting the state with state or federal requirements to maintain
4807 information solely for the purpose of protecting minors and providing services to families in
4808 need;
4809 (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act:
4810 (A) to comply with abuse and neglect registry checks requested by other states; or
4811 (B) to the United States Department of Health and Human Services for purposes of
4812 maintaining an electronic national registry of supported or substantiated cases of abuse and
4813 neglect;
4814 [
4815
4816
4817 (iv) to the department, upon the approval of the executive director of the department,
4818 on a need-to-know basis[
4819 (v) as provided in Subsection (6) or Section 80-2-1002.
4820 (6) (a) [
4821
4822 designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or
4823 [
4824 (b) A division contract provider or Indian tribe has access only to information about a
4825 person who is currently receiving services from [
4826 tribe.
4827 (c) [
4828 necessary to comply with Subsection 78B-7-202(2).
4829 [
4830
4831 (A) the information that is entered into the Management Information System on or after
4832 July 1, 2004, and relates to [
4833 Guardian Ad Litem is appointed by a court to represent the interests of the [
4834 child; or
4835 [
4836
4837 [
4838
4839 (B) any abuse or neglect referral about a child or family where the office has been
4840 appointed by a court to represent the interests of the [
4841 the information is entered into the Management Information System.
4842 (ii) The division may use the information in the Management Information System to
4843 screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the
4844 Office of Guardian Ad Litem.
4845 (e) [
4846 Ad Litem[
4847 Management Information System shall:
4848 (i) take all necessary precautions to safeguard the security of the information contained
4849 in the Management Information System;
4850 (ii) train its employees regarding:
4851 (A) requirements for protecting the information contained in the Management
4852 Information System [
4853 Government Records Access and Management Act; and
4854 (B) the criminal penalties under Sections [
4855 for improper release of information; and
4856 (iii) monitor its employees to ensure that [
4857 contained in the Management Information System as required by law.
4858 [
4859
4860 (7) The division shall take:
4861 (a) all necessary precautions, including password protection and other appropriate and
4862 available technological techniques, to prevent unauthorized access to or release of information
4863 contained in the Management Information System[
4864 (b) reasonable precautions to ensure that the division's contract providers comply with
4865 Subsection (6).
4866 Section 85. Section 80-2-1002, which is renumbered from Section 62A-4a-1006 is
4867 renumbered and amended to read:
4868 [
4869 Classification of records -- Access -- Unlawful release -- Penalty.
4870 (1) (a) The division shall maintain a sub-part of the Management Information System
4871 [
4872 System[
4873 (i) for licensing purposes; or
4874 (ii) as otherwise [
4875 (b) Notwithstanding Subsection (1)(a), the department's access to information in the
4876 Management Information System for the licensure and monitoring of a foster parent is
4877 governed by Sections 80-2-1001 and 62A-2-121.
4878 [
4879 information:
4880 (a) the name and other identifying information of the alleged perpetrator in a supported
4881 finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator;
4882 (b) a notation to the effect that an investigation regarding the alleged perpetrator
4883 described in Subsection (2)(a) is pending;
4884 [
4885 Subsection (3);
4886 [
4887 perpetrator under Subsection [
4888 (e) a finding from the juvenile court under Section 80-3-404; and
4889 [
4890 Information System as of May 6, 2002.
4891 [
4892
4893
4894 (3) Subject to [
4895 finding from the juvenile court under Section 80-3-404, the division shall:
4896 (a) promptly amend the Licensing Information System to include the finding; and
4897 (b) enter the [
4898 (4) [
4899 [
4900 (a) a protected record under Title 63G, Chapter 2, Government Records Access and
4901 Management Act[
4902 (b) [
4903 2, Government Records Access and Management Act, [
4904
4905
4906 [
4907 (i) to the Office of Licensing [
4908 (A) for licensing purposes; or
4909 (B) as otherwise specifically provided for by law;
4910 (ii) to the division to:
4911 (A) screen an individual at the request of the Office of Guardian Ad Litem[
4912 time [
4913 Litem[
4914 remains with the Office of Guardian Ad Litem; and
4915 (B) respond to a request for information from [
4916 listed in the Licensing Information System;
4917 (iii) [
4918 Department of Human Services, only for the following purposes:
4919 (A) licensing a child care program or provider;
4920 (B) determining whether an individual associated with a child care facility, program, or
4921 provider, who is exempt from being licensed or certified by the Department of Health under
4922 Title 26, Chapter 39, Utah Child Care Licensing Act, has a supported finding of a severe type
4923 of child abuse or neglect; or
4924 (C) determining whether an individual who is seeking an emergency medical services
4925 license has a supported finding of a severe type of child abuse or neglect;
4926 (iv) [
4927 approved by the Department of Human Services for the purpose of qualifying a child care
4928 [
4929 (v) as provided in Section 62A-2-121; or
4930 [
4931 chapter.
4932 (5) [
4933
4934 Subsection (4)[
4935 (a) protect the security of the Licensing Information System; and
4936 (b) strictly limit access to the Licensing Information System to [
4937 [
4938 (6) [
4939 person allowed access by statute to information or a record contained in the Licensing
4940 Information System [
4941
4942 (a) accessing the Licensing Information System;
4943 (b) maintaining strict security; and
4944 (c) the criminal provisions of Sections [
4945 pertaining to the improper release of information.
4946 (7) (a) [
4947 request another person to obtain or release any other information in the Licensing Information
4948 System to screen for potential perpetrators of abuse or neglect.
4949 (b) A person who requests information knowing that the request is a violation of this
4950 Subsection (7) is subject to the criminal [
4951
4952 Section 86. Section 80-2-1003, which is renumbered from Section 62A-4a-1008 is
4953 renumbered and amended to read:
4954 [
4955 information or reports in Management Information System or Licensing Information
4956 System.
4957 (1) (a) The division shall delete any reference in the Management Information System
4958 or Licensing Information System to a report that:
4959 [
4960 without merit, if no subsequent report involving the same alleged perpetrator [
4961 occurs within one year after the day on which the division makes the determination; or
4962 [
4963 determines is unsubstantiated or without merit, if no subsequent report involving the same
4964 alleged perpetrator [
4965 court makes the determination.
4966 (b) Except as provided in Subsection (1)(c), the information described in Subsections
4967 80-2-1002(2)(a) and (b) shall remain in the Licensing Information System:
4968 (i) if the alleged perpetrator fails to take the action described in Subsection
4969 80-2-708(3)(a) within one year after the day on which the notice described in Subsections
4970 80-2-708(1)(a) and (2) is served;
4971 (ii) during the time that the division awaits a response from the alleged perpetrator
4972 under Subsection 80-2-708(3)(a); and
4973 (iii) until a juvenile court determines that the severe type of child abuse or neglect upon
4974 which the Licensing Information System entry was based is unsubstantiated or without merit.
4975 (c) Regardless of whether an appeal on the matter is pending:
4976 (i) the division shall remove the information described in Subsections 80-2-1002(2)(a)
4977 and (b) from the Licensing Information System if the severe type of child abuse or neglect upon
4978 which the Licensing Information System entry is based:
4979 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
4980 80-3-404; or
4981 (B) is found to be substantiated, but is subsequently reversed on appeal; and
4982 (ii) the division shall place back on the Licensing Information System an alleged
4983 perpetrator's name and information that is removed from the Licensing Information System
4984 under Subsection (1)(c)(i) if the court action that was the basis for removing the alleged
4985 perpetrator's name and information is subsequently reversed on appeal.
4986 (2) (a) The division shall maintain a separation of reports as follows:
4987 [
4988 [
4989 [
4990 [
4991 [
4992 [
4993 [
4994 (b) Only a person with statutory authority may access the information contained in a
4995 report described in Subsection (2)(a).
4996 (3) [
4997 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported
4998 reports or unsupported reports in the Management Information System and the Licensing
4999 Information System[
5000 [
5001 (a) in relation to an unsupported report or a supported report, identify the types of child
5002 abuse or neglect reports that the division:
5003 (i) [
5004 individual's name [
5005 the report to request expungement;
5006 (ii) [
5007 individual's name [
5008 the report to request expungement;
5009 (iii) [
5010 accordance with Subsection (4); and
5011 (iv) [
5012 child abuse or neglect;
5013 (b) establish an administrative process and a standard of review for the subject of a
5014 report to make an expungement request; and
5015 (c) define the term "expunge" or "expungement" to clarify the administrative process
5016 for removing a record from the information system.
5017 [
5018 Information System or Licensing Information System for a type of child abuse or neglect report
5019 identified under Subsection [
5020 expunged 10 years after the last date on which the individual's name [
5021 information system for a supported or unsupported report.
5022 [
5023 least one year after the [
5024 may again request to have the individual's report expunged.
5025 [
5026
5027 Section 87. Section 80-2-1004, which is renumbered from Section 62A-4a-1010 is
5028 renumbered and amended to read:
5029 [
5030 Licensing Information System -- Petition for evidentiary hearing or substantiation.
5031 (1) [
5032 whose name is listed on the Licensing Information System as of May 6, 2002 [
5033
5034
5035 (a) request review by the division of [
5036 the individual's name from the Licensing Information System [
5037 (3); or
5038 (b) file a petition for [
5039 of unsubstantiated or without merit in accordance with Section 80-3-504.
5040 (2) Subsection (1) does not apply to an individual who has been the subject of any of
5041 the following court determinations with respect to the alleged incident of abuse or neglect:
5042 (a) conviction;
5043 (b) adjudication under Section 80-3-402 or 80-6-701;
5044 (c) plea of guilty;
5045 (d) plea of guilty with a mental illness; or
5046 (e) no contest.
5047 (3) If an alleged perpetrator listed on the Licensing Information System [
5048 before May 6, 2002, requests removal of the alleged perpetrator's name from the Licensing
5049 Information System, the division shall, within 30 days after the day on which the request is
5050 made:
5051 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
5052 qualifies as:
5053 (A) a severe type of child abuse or neglect;
5054 (B) chronic abuse; or
5055 (C) chronic neglect; and
5056 (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
5057 described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from
5058 the Licensing Information System; or
5059 (b) determine whether to file a petition for substantiation in accordance with Section
5060 80-3-504.
5061 [
5062
5063 [
5064 [
5065
5066
5067
5068 Section 88. Section 80-2-1005, which is renumbered from Section 62A-4a-412 is
5069 renumbered and amended to read:
5070 [
5071 neglect -- Confidential identity of a person who reports -- Access -- Admitting reports into
5072 evidence -- Unlawful release and use -- Penalty.
5073 (1) Except as otherwise provided in this chapter[
5074 Protective Custody of a Child, a report made under [
5075 and Neglect Reports, and any other information in the possession of the division obtained as
5076 [
5077 Title 63G, Chapter 2, Government Records Access and Management Act, and may only be
5078 made available to:
5079 (a) a police or law enforcement agency investigating a report of known or suspected
5080 abuse or neglect, including members of a child protection team;
5081 (b) a physician who reasonably believes that a child may be the subject of abuse or
5082 neglect;
5083 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
5084 who is the subject of a report;
5085 (d) a contract provider that has a written contract with the division to render services to
5086 a minor who is the subject of a report;
5087 (e) [
5088 litem;
5089 (f) a court, upon a finding that access to the records may be necessary for the
5090 determination of an issue before the court, provided that in a divorce, custody, or related
5091 proceeding between private parties, the record alone is:
5092 (i) limited to objective or undisputed facts that were verified at the time of the
5093 investigation; and
5094 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
5095 ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
5096 or neglect of another individual;
5097 (g) an office of the public prosecutor or [
5098 performing an official duty;
5099 (h) a person authorized by a Children's Justice Center, for the purposes described in
5100 Section 67-5b-102;
5101 (i) a person engaged in bona fide research, when approved by the director of the
5102 division, if the information does not include names and addresses;
5103 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
5104 education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
5105 individual should be permitted to obtain or retain a license as an educator or serve as an
5106 employee or volunteer in a school, limited to information with substantiated or supported
5107 findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
5108 offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
5109 the Person, and with the understanding that the office must provide the subject of a report
5110 received under Subsection (1)(k) with an opportunity to respond to the report before making a
5111 decision concerning licensure or employment;
5112 (k) any individual identified in the report as a perpetrator or possible perpetrator of
5113 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
5114 (l) a person filing a petition for a child protective order on behalf of a child who is the
5115 subject of the report;
5116 (m) a licensed child-placing agency or person who is performing a preplacement
5117 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
5118 78B-6-130;
5119 (n) an Indian tribe to:
5120 (i) certify or license a foster home;
5121 (ii) render services to a subject of a report; or
5122 (iii) investigate an allegation of abuse, neglect, or dependency; or
5123 (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
5124 local substance abuse authority, described in Section 17-43-201, for the purpose of providing
5125 substance abuse treatment to a pregnant woman or a parent of a newborn child, or the services
5126 described in Subsection 62A-15-103(2)(o).
5127 [
5128
5129
5130
5131 [
5132
5133 [
5134 Section 80-2-608 and except as provided in Section 80-2-611, the division and a law
5135 enforcement [
5136 who makes the initial report under Part 6, Child Abuse and Neglect Reports, and any [
5137 other person involved in the division's or law enforcement [
5138 investigation of the report.
5139 [
5140 including this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G,
5141 Chapter 2, Government Records Access and Management Act, [
5142 report or other information in the division's possession available under Subsection (1)(e) to a
5143 subject of the report or a parent of a child, the division shall remove from the report or other
5144 information only the names, addresses, and telephone numbers of individuals or specific
5145 information that could:
5146 [
5147 [
5148 [
5149 [
5150
5151
5152
5153 [
5154
5155
5156 [
5157 [
5158
5159 [
5160
5161
5162 [
5163
5164 under Subsection (1)(m) may provide the report to:
5165 (a) [
5166 (b) [
5167 evaluation in accordance with [
5168 (c) to a licensed child-placing agency; or [
5169 (d) an attorney seeking to facilitate an adoption.
5170 [
5171 removed, share case-specific information obtained from the division under this section with
5172 other members of the child protection team.
5173 [
5174 related proceeding between private parties, a court may not receive into evidence a report that:
5175 (i) is provided to the court:
5176 (A) under Subsection (1)(f); or
5177 (B) by a parent of the child after the record is made available to the parent under
5178 Subsection (1)(e);
5179 (ii) describes a parent of the child as the alleged perpetrator; and
5180 (iii) is found to be unsubstantiated, unsupported, or without merit.
5181 (b) (i) After a motion to admit the report described in Subsection [
5182 the court shall allow sufficient time for all subjects of the record to respond before making a
5183 finding on the motion.
5184 (ii) After considering the motion described in Subsection [
5185 receive the report into evidence upon a finding on the record of good cause.
5186 (7) (a) A person may not:
5187 (i) willfully permit, or aid and abet, the release of data or information in the possession
5188 of the division or contained in the Management Information System in violation of this part or
5189 Part 6, Child Abuse and Neglect Reports; or
5190 (ii) if the person is not listed in Subsection (1), request another person to obtain or
5191 release a report or other information that the other person obtained under Subsection (1)(k) to
5192 screen for potential perpetrators of abuse or neglect.
5193 (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii)
5194 knowing the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C
5195 misdemeanor.
5196 Section 89. Section 80-2-1006 is enacted to read:
5197 80-2-1006. Sharing of records with Indian tribe under agreement.
5198 If the division has a privacy agreement with an Indian tribe to protect the confidentiality
5199 of division records regarding an Indian child to the same extent that the division is required to
5200 protect other division records, the division shall cooperate with and share all appropriate
5201 information in the division's possession regarding an Indian child, the Indian child's parent or
5202 guardian, or a proposed placement for the Indian child with the Indian tribe that is affiliated
5203 with the Indian child.
5204 Section 90. Section 80-2-1007, which is renumbered from Section 62A-4a-112 is
5205 renumbered and amended to read:
5206 [
5207 Access to related records -- Unlawful use -- Penalty.
5208 (1) (a) An individual who is a taxpayer and resident of this state and who desires to
5209 examine a payment for services offered by the division in accordance with this chapter or
5210 Chapter 2a, Removal and Protective Custody of a Child, shall sign a statement using a form
5211 prescribed by the division[
5212 (i) an assertion that the individual is a taxpayer and a resident[
5213 the state; and
5214 (ii) a commitment that any information obtained will not be used for commercial or
5215 political purposes. [
5216
5217
5218 (b) An individual may not make a partial or complete list of names, addresses, or
5219 amounts of payment under Subsection (1)(a) or remove information regarding names,
5220 addresses, or amounts of payment under Subsection (1)(a) from an office of the division.
5221 (2) The division shall[
5222 (a) after due consideration of the public interest, define the nature of confidential
5223 information to be safeguarded by the division; and [
5224 (b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5225 Rulemaking Act, to:
5226 (i) govern the custody and disclosure of the confidential information[
5227 and
5228 (ii) provide access to information regarding payments for services offered by the
5229 division.
5230 (3) This section does not prohibit:
5231 (a) the division or [
5232 division, or an individual, commission, or agency duly authorized for the purpose, from making
5233 [
5234
5235 (b) the division or [
5236 employee from conveying or providing to a local, state, or federal governmental [
5237 agency written information that would affect an individual's eligibility or ineligibility for
5238 financial service, or other beneficial [
5239 agency. [
5240
5241 (4) A person may access a division program plan, policy, or record, including a
5242 consumer record or data, in accordance with Title 63G, Chapter 2, Government Records
5243 Access and Management Act.
5244 [
5245 class B misdemeanor.
5246 Section 91. Section 80-2-1101, which is renumbered from Section 62A-4a-311 is
5247 renumbered and amended to read:
5248
5249 [
5250 -- Membership -- Expenses.
5251 (1) (a) There is established the Child Welfare Improvement Council composed of no
5252 more than 25 members who are appointed by the division.
5253 (b) Except as required by Subsection (1)(c), as terms of current council members
5254 expire, the division shall appoint each new member or reappointed member to a four-year term.
5255 (c) Notwithstanding the requirements of Subsection (1)(b), the division shall, at the
5256 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5257 council members are staggered so that approximately half of the council is appointed every two
5258 years.
5259 (d) The council shall have geographic, economic, gender, cultural, and philosophical
5260 diversity.
5261 (e) When a vacancy occurs in the membership for any reason, the division shall appoint
5262 the replacement [
5263 (2) The council shall elect a chairperson from [
5264 biannually.
5265 (3) A member may not receive compensation or benefits for the member's service, but
5266 may receive per diem and travel expenses in accordance with:
5267 (a) Section 63A-3-106;
5268 (b) Section 63A-3-107; and
5269 (c) rules made by the Division of Finance [
5270 63A-3-107.
5271 (4) (a) The council shall hold a public meeting quarterly.
5272 (b) Within budgetary constraints, meetings may also be held on the call of the chair, or
5273 of a majority of the members.
5274 (c) A majority of the members currently appointed to the council constitute a quorum
5275 at any meeting and the action of the majority of the members present shall be the action of the
5276 council.
5277 (5) The council shall:
5278 (a) advise the division on matters relating to abuse and neglect;
5279 (b) recommend to the division how funds contained in the Children's Account, created
5280 in Section 80-2-501, should be allocated; [
5281 (c) conduct public hearings to receive public comment on an abuse or neglect
5282 prevention or treatment program under Section 80-2-503;
5283 (d) provide comments to the division on a proposed amendment to performance
5284 standards in accordance with Section 80-2-1102; and
5285 [
5286 Section 92. Section 80-2-1102, which is renumbered from Section 62A-4a-117 is
5287 renumbered and amended to read:
5288 [
5289 (1) As used in this section:
5290 [
5291
5292 [
5293 other function for which there is a performance standard.
5294 [
5295 performance of each area in the child welfare system, including:
5296 (A) child protection services;
5297 (B) adoption;
5298 (C) foster care; and
5299 (D) other substitute care.
5300 (ii) "Performance standards" includes the performance goals and measures in effect in
5301 2008 that the division was subject to under federal court oversight, as amended [
5302 under Subsection (2), including:
5303 (A) the qualitative case review; and
5304 (B) the case process review.
5305 (2) (a) The division shall create performance standards.
5306 [
5307 amendment is:
5308 (i) necessary and proper for the effective administration of the division; or
5309 (ii) necessary to comply with, or implement changes in, the law.
5310 [
5311 notice of the proposed amendment to the council.
5312 [
5313 (i) the proposed amendment;
5314 (ii) a summary of the reason for the proposed amendment; and
5315 (iii) the proposed effective date of the amendment.
5316 [
5317 described in Subsection [
5318 written comments on the proposed amendment.
5319 [
5320 standards until the earlier of:
5321 (i) seven days after the day on which the division receives the written comments
5322 regarding the proposed change described in Subsection [
5323 (ii) 52 days after the day on which the division provides the notice described in
5324 Subsection [
5325 [
5326 (i) give full, fair, and good faith consideration to all comments and objections received
5327 from the council;
5328 (ii) notify the council in writing of:
5329 (A) the division's decision regarding the proposed amendment; and
5330 (B) the reasons that support the decision;
5331 (iii) include complete information on all amendments to the performance standards in
5332 the report described in Subsection (4); and
5333 (iv) post the changes on the division's website.
5334 (3) The division shall maintain a performance monitoring system to regularly:
5335 (a) collect information on performance indicators; and
5336 (b) compare performance indicators to performance standards.
5337 (4) Before January 1 of each year, the director shall submit a written report to the Child
5338 Welfare Legislative Oversight Panel and the Social Services Appropriations Subcommittee that
5339 includes:
5340 (a) a comparison between the performance indicators for the prior fiscal year and the
5341 performance standards;
5342 (b) for each performance indicator that does not meet the performance standard:
5343 (i) the reason the standard was not met;
5344 (ii) the measures that need to be taken to meet the standard; and
5345 (iii) the division's plan to comply with the standard for the current fiscal year;
5346 (c) data on the extent to which new and experienced division employees have received
5347 training [
5348 (d) an analysis of the use and efficacy of in-home services, both before and after
5349 removal of a child from the child's home.
5350 Section 93. Section 80-2-1103, which is renumbered from Section 62A-4a-118 is
5351 renumbered and amended to read:
5352 [
5353 cases by department -- Review by legislative auditor general -- Reports.
5354 (1) The division shall use principles of quality management systems, including
5355 statistical measures of processes of service, and the routine reporting of performance data to
5356 employees.
5357 [
5358 (2) (a) The department shall:
5359 (i) develop quantifiable outcome measures and performance measures in accordance
5360 with Section [
5361 80-2-1102; and
5362 (ii) annually review a randomly selected sample of child welfare referrals to and cases
5363 handled by the division. [
5364 (b) In conducting the review described in Subsection (2)(a)(ii), the department shall:
5365 (i) assess whether the division is adequately protecting children and providing
5366 appropriate services to families, in accordance with [
5367
5368 Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4,
5369 Termination and Restoration of Parental Rights[
5370 (ii) focus directly on the outcome of cases to children and families, and not simply on
5371 procedural compliance with specified criteria.
5372 [
5373 department shall report on the review described in Subsection (2)(a) to the legislative auditor
5374 general and the Child Welfare Legislative Oversight Panel.
5375 [
5376 shall be provided to child welfare caseworkers, supervisors, and division personnel involved in
5377 the respective cases, for purposes of education, training, and performance evaluation.
5378 (3) The [
5379 the Child Welfare Legislative Oversight Panel under Subsection (2) shall include:
5380 (a) the criteria used by the [
5381 department in making the evaluation;
5382 (b) findings regarding whether state statutes, division rule, legislative policy, and
5383 division policy were followed in each sample case;
5384 (c) findings regarding whether, in each sample case, referrals, removals, or cases were
5385 appropriately handled by the division and [
5386 were adequately and appropriately protected and appropriate services provided to families, in
5387 accordance with the provisions of [
5388 this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse,
5389 Neglect, and Dependency Proceedings, [
5390 Parental Rights, and division rule;
5391 (d) an assessment of the division's intake procedures and decisions, including an
5392 assessment of the appropriateness of decisions not to accept referrals; and
5393 (e) an assessment of the appropriateness of the division's assignment of priority.
5394 (4) (a) In addition to the [
5395 legislative auditor general shall audit, subject to the prioritization of the Legislative Audit
5396 Subcommittee, a sample of child welfare referrals to and cases handled by the division and
5397 report the findings to the Child Welfare Legislative Oversight Panel.
5398 (b) An audit under Subsection (4)(a) may be initiated by:
5399 (i) the Audit Subcommittee of the Legislative Management Committee;
5400 (ii) the Child Welfare Legislative Oversight Panel; or
5401 (iii) the legislative auditor general, based on the results of the executive director's
5402 review under Subsection (2).
5403 (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
5404 General's report may include:
5405 (i) findings regarding whether state statutes, division rule, legislative policy, and
5406 division policy were followed by the division and [
5407 (ii) a determination regarding whether referrals, removals, and cases were appropriately
5408 handled by the division and [
5409 adequately and appropriately protected and appropriate services provided for families, in
5410 accordance with the provisions of [
5411 this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse,
5412 Neglect, and Dependency Proceedings, [
5413 Parental Rights, and division rule;
5414 (iii) an assessment of the division's intake procedures and decisions, including an
5415 assessment of the appropriateness of decisions not to accept referrals;
5416 (iv) an assessment of the appropriateness of the division's assignment of priority;
5417 (v) a determination regarding whether the department's review process is effecting
5418 beneficial change within the division and accomplishing the mission established by the
5419 Legislature and the department for that review process; and
5420 (vi) findings regarding any other issues identified by the auditor or others under this
5421 Subsection (4).
5422 Section 94. Section 80-2-1104, which is renumbered from Section 62A-4a-208 is
5423 renumbered and amended to read:
5424 [
5425 Authority -- Report.
5426 (1) As used in this section:
5427 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
5428 (b) "Complaint" means a complaint regarding an act or omission by the division with
5429 respect to a particular child.
5430 [
5431 under this section.
5432 (2) (a) There is created within the department the position of child protection
5433 ombudsman. [
5434
5435 [
5436 [
5437 (b) The executive director of the department shall:
5438 (i) appoint an ombudsman who has:
5439 (A) recognized executive and administrative capacity; and
5440 [
5441
5442 [
5443 abused, neglected, and dependent children[
5444 (ii) select the ombudsman solely with regard to qualifications and fitness to discharge
5445 the duties of the ombudsman.
5446 (c) The ombudsman shall [
5447 (i) serve at the pleasure of the executive director of the department; and
5448 (ii) devote full-time to the duties described in this section.
5449 (3) [
5450 (a) unless the ombudsman decides not to investigate the complaint, upon receipt of a
5451 complaint [
5452 respect to a particular child:
5453 (i) is contrary to statute, rule, or policy;
5454 (ii) places a child's health or safety at risk;
5455 (iii) is made without an adequate statement of reason; or
5456 (iv) is based on irrelevant, immaterial, or erroneous grounds[
5457 [
5458
5459
5460 [
5461
5462 [
5463 (b) notify the complainant and the division of:
5464 (i) the ombudsman's decision to investigate or not investigate the complaint;
5465 and
5466 (ii) if the ombudsman decides not to investigate the complaint, the reason for the
5467 decision;
5468 (c) if the ombudsman finds that a person's act or omission violates state or federal
5469 criminal law, immediately report the finding to the appropriate county or district attorney or to
5470 the attorney general;
5471 (d) immediately notify the division if the ombudsman finds that a child needs
5472 protective custody;
5473 (e) prepare a written report of the findings and recommendations, if any, of each
5474 investigation;
5475 (f) make recommendations to the division if the ombudsman finds that:
5476 (i) a matter should be further considered by the division;
5477 (ii) an administrative act should be addressed, modified, or canceled;
5478 (iii) action should be taken by the division with regard to one of the division's
5479 employees; or
5480 (iv) any other action should be taken by the division;
5481 [
5482 Administrative Rulemaking Act, make rules that govern the following:
5483 (i) receiving and processing [
5484 (ii) notifying [
5485 investigate or to decline to investigate a complaint;
5486 (iii) prioritizing workload;
5487 (iv) maximum time within which [
5488 to be completed;
5489 (v) conducting [
5490 (vi) notifying [
5491 [
5492 (vii) making recommendations based on the findings and results of [
5493 investigations;
5494 [
5495
5496 [
5497 to carry out the ombudsman's duties under this [
5498 [
5499 ombudsman to public agencies, private entities, and individuals;
5500 [
5501 (j) provide an annual report regarding the ombudsman's duties and recommendations
5502 for improvements to the child welfare system to:
5503 (i) the Child Welfare Legislative Oversight Panel;
5504 (ii) the governor;
5505 [
5506 (iii) the division; and
5507 (iv) the executive director of the department; and
5508 [
5509 [
5510 child welfare cases, and the rules, policies, and operations of the division.
5511 (4) (a) The ombudsman may:
5512 (i) decline to investigate a complaint or continue an investigation of a complaint;
5513 (ii) conduct an investigation on the ombudsman's own initiative;
5514 (iii) conduct further investigation upon the request of the complainant or upon the
5515 ombudsman's own initiative; and
5516 (iv) advise a complainant to pursue administrative remedies or channels of a complaint
5517 before pursuing a complaint with the ombudsman.
5518 (b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint
5519 directly to the ombudsman before pursuing an administrative remedy.
5520 [
5521
5522 [
5523
5524
5525
5526
5527
5528 [
5529
5530
5531 [
5532
5533 [
5534
5535 [
5536 (5) (a) A record of the ombudsman regarding an individual child welfare case shall be
5537 classified in accordance with federal law and [
5538 Government Records Access and Management Act. [
5539
5540
5541 (b) The ombudsman shall have access to all of the department's written and electronic
5542 records and databases, including those regarding individual child welfare cases.
5543 (c) In accordance with Title 63G, Chapter 2, Government Records Access and
5544 Management Act, all documents and information received by the ombudsman shall maintain
5545 the same classification that was designated by the department.
5546 [
5547
5548 [
5549
5550 [
5551 [
5552 [
5553 [
5554 Section 95. Section 80-2a-101 is enacted to read:
5555
5556
5557 80-2a-101. Definitions.
5558 (1) "Custody" means the same as that term is defined in Section 80-2-102.
5559 (2) "Division" means the Division of Child and Family Services created in Section
5560 80-2-201.
5561 (3) "Friend" means an adult who:
5562 (a) has an established relationship with the child or a family member of the child; and
5563 (b) is not the natural parent of the child.
5564 (4) "Nonrelative" means an individual who is not a noncustodial parent or relative.
5565 (5) "Relative" means an adult who:
5566 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
5567 brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
5568 (b) is the first cousin of the child's parent;
5569 (c) is an adoptive parent of the child's sibling; or
5570 (d) in the case of a child who is an Indian child, is an extended family member as
5571 defined in 25 U.S.C. Sec. 1903.
5572 (6) "Sibling" means the same as that term is defined in Section 80-2-102.
5573 (7) "Temporary custody" means the same as that term is defined in Section 80-2-102.
5574 Section 96. Section 80-2a-201, which is renumbered from Section 62A-4a-201 is
5575 renumbered and amended to read:
5576
5577 [
5578 and responsibility of state.
5579 (1) (a) Under both the United States Constitution and the constitution of this state, a
5580 parent possesses a fundamental liberty interest in the care, custody, and management of the
5581 parent's children. A fundamentally fair process must be provided to parents if the state moves
5582 to challenge or interfere with parental rights. A governmental entity must support any actions
5583 or allegations made in opposition to the rights and desires of a parent regarding the parent's
5584 [
5585 heightened protection against government interference with the parent's fundamental rights and
5586 liberty interests and, concomitantly, the right of the child to be reared by the child's natural
5587 parent.
5588 (b) The fundamental liberty interest of a parent concerning the care, custody, and
5589 management of the parent's [
5590 exist simply because a parent may fail to be a model parent or because the parent's child is
5591 placed in the temporary custody of the state. At all times, a parent retains a vital interest in
5592 preventing the irretrievable destruction of family life. [
5593 unfitness, government action in relation to [
5594 child may not exceed the least restrictive means or alternatives available to accomplish a
5595 compelling state interest. Until the state proves parental unfitness, and the child suffers, or is
5596 substantially likely to suffer, serious detriment as a result, the child and the child's [
5597 parent share a vital interest in preventing erroneous termination of their natural relationship and
5598 the state cannot presume that a child and the child's [
5599 (c) It is in the best interest and welfare of a child to be raised under the care and
5600 supervision of the child's natural parents. A child's need for a normal family life in a permanent
5601 home, and for positive, nurturing family relationships is usually best met by the child's natural
5602 parents. Additionally, the integrity of the family unit and the right of [
5603 conceive and raise [
5604 a fit, competent parent to raise the parent's child without undue government interference is a
5605 fundamental liberty interest that has long been protected by the laws and Constitution and is a
5606 fundamental public policy of this state.
5607 (d) The state recognizes that:
5608 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
5609 train, educate, provide and care for, and reasonably discipline the parent's [
5610 (ii) the state's role is secondary and supportive to the primary role of a parent.
5611 (e) It is the public policy of this state that [
5612 fundamental right and duty to exercise primary control over the care, supervision, upbringing,
5613 and education of [
5614 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
5615 Subsection (1).
5616 (2) It is also the public policy of this state that children have the right to protection
5617 from abuse and neglect, and that the state retains a compelling interest in investigating,
5618 prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has an
5619 interest in and responsibility to protect [
5620 whose parent abuses the child or does not adequately provide for [
5621 There may be circumstances where a parent's conduct or condition is a substantial departure
5622 from the norm and the parent is unable or unwilling to render safe and proper parental care and
5623 protection. Under those circumstances, the state may take action for the welfare and protection
5624 of the parent's [
5625 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
5626 [
5627 the extent to which the child's extended family may provide needed protection. Throughout
5628 [
5629 means available to protect a child, in an effort to ensure that children are brought up in stable,
5630 permanent families, rather than in temporary foster placements under the supervision of the
5631 state.
5632 (4) [
5633 safety or welfare, the division may seek custody of the child for a planned, temporary period
5634 and place the child in a safe environment, subject to the requirements of this section and in
5635 accordance with [
5636 Proceedings, and[
5637 [
5638 (5) In determining and making [
5639
5640 juvenile court's paramount concern shall be the child's health, safety, and welfare. The desires
5641 of a parent for the parent's child, and the constitutionally protected rights of a parent, as
5642 described in this section, shall be given full and serious consideration by the division and the
5643 juvenile court.
5644 (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where
5645 [
5646 [
5647 way, attempt to maintain a child in the child's home, provide reunification services, or [
5648
5649 the division from providing court-ordered services.
5650 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
5651 appropriate permanency for children who are abused, neglected, or dependent. The division
5652 shall provide in-home services, [
5653 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
5654 division may pursue a foster placement only if in-home services fail or are otherwise
5655 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
5656 and kinship placement fail and cannot be corrected. The division shall also seek qualified
5657 extended family support or a kinship placement to maintain a sense of security and stability for
5658 the child.
5659 (b) If the use or continuation of [
5660 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
5661 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
5662 and to complete whatever steps are necessary to finalize the permanent placement of the child.
5663 (c) Subject to the parental rights recognized and protected under this section, if,
5664 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
5665 based on the grounds for termination of parental rights described in [
5666
5667 Parental Rights, the continuing welfare and best interest of the child is of paramount
5668 importance, and shall be protected in determining whether that parent's rights should be
5669 terminated.
5670 (8) The state's right to direct or intervene in the provision of medical or mental health
5671 care for a child is subject to Subsections [
5672 and Sections 80-3-109 and 80-3-304.
5673 Section 97. Section 80-2a-202, which is renumbered from Section 62A-4a-202.1 is
5674 renumbered and amended to read:
5675 [
5676 welfare caseworker -- Search warrants -- Protective custody and temporary care of a
5677 child.
5678 (1) A peace officer or child welfare caseworker may remove a child or take a child into
5679 protective custody, temporary custody, or custody in accordance with this section.
5680 [
5681 welfare [
5682 jurisdiction of the juvenile court, remove a child from the child's home or school, or take a
5683 child into protective custody unless:
5684 [
5685 child welfare [
5686 Subsection [
5687 [
5688 warrant under Subsection [
5689 [
5690 order after the child's parent or guardian is given notice and an opportunity to be heard; or
5691 [
5692 consent of the child's parent or guardian.
5693 [
5694
5695 under Subsection (2)(a) solely on the basis of:
5696 [
5697 school; or
5698 [
5699 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
5700 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
5701 [
5702
5703 [
5704
5705
5706
5707 [
5708
5709 [
5710
5711
5712
5713 [
5714 child welfare [
5715 custody if it appears to the juvenile court upon a verified petition, recorded sworn testimony or
5716 an affidavit sworn to by a peace officer or [
5717 examination of other witnesses if required by the juvenile court, that there is probable cause to
5718 believe that:
5719 (i) there is a threat of substantial harm to the child's health or safety;
5720 (ii) it is necessary to take the child into protective custody to avoid the harm described
5721 in Subsection [
5722 (iii) it is likely that the child will suffer substantial harm if the child's parent or
5723 guardian [
5724 into protective custody.
5725 (b) In accordance with Section 77-23-210, a peace officer making the search under
5726 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the
5727 child.
5728 [
5729
5730
5731 (4) (a) A child welfare caseworker may take action under Subsection (2) accompanied
5732 by a peace officer or without a peace officer if a peace officer is not reasonably available.
5733 (b) (i) Before taking a child into protective custody, and if possible and consistent with
5734 the child's safety and welfare, a child welfare caseworker shall determine whether there are
5735 services available that, if provided to a parent or guardian of the child, would eliminate the
5736 need to remove the child from the custody of the child's parent or guardian.
5737 (ii) In determining whether the services described in Subsection (4)(b)(i) are
5738 reasonably available, the child welfare caseworker shall consider the child's health, safety, and
5739 welfare as the paramount concern.
5740 (iii) If the child welfare caseworker determines the services described in Subsection
5741 (4)(b)(i) are reasonably available, the services shall be utilized.
5742 (5) (a) If a peace officer or a child welfare [
5743 protective custody under Subsection [
5744 caseworker shall:
5745 [
5746 accordance with Section 80-2a-203; and
5747 [
5748 responsible adult, unless:
5749 [
5750 or
5751 [
5752 with [
5753 (b) (i) If a peace officer or child welfare caseworker is executing a warrant under
5754 Subsection (3), the peace officer or child welfare caseworker shall take the child to:
5755 (A) a shelter facility; or
5756 (B) if the division makes an emergency placement under Section 80-2a-301, the
5757 emergency placement.
5758 [
5759 shelter facility under Subsection (5)(b)(i), the peace officer or the child welfare [
5760 caseworker shall promptly file a written report that includes the child's information, on a form
5761 provided by the division, with the shelter facility.
5762 [
5763 not be placed or kept in detention[
5764 unless the child may be held in detention under [
5765 Detention.
5766 [
5767
5768 [
5769 [
5770 [
5771
5772
5773 [
5774
5775
5776 [
5777 child welfare worker to search for a child who is missing, has been abducted, or has run away,
5778 and take the child into physical custody if the juvenile court determines that[
5779
5780 away from the protective custody, temporary custody, or custody of the division.
5781 [
5782 [
5783 parent-time with the child in accordance with Subsection 80-2a-203(5)(a);
5784 [
5785 [
5786 the child ran away to enter a record of the warrant into the National Crime Information Center
5787 database within 24 hours after the time in which the law enforcement agency receives a copy of
5788 the warrant; and
5789 [
5790 [
5791 (c) the court shall specify the location to which the peace officer or the child welfare
5792 [
5793 [
5794 [
5795 [
5796 [
5797
5798 [
5799 [
5800 Section 98. Section 80-2a-203, which is renumbered from Section 62A-4a-202.2 is
5801 renumbered and amended to read:
5802 [
5803 child -- Locating noncustodial parent -- Information provided to parent, guardian, or
5804 responsible relative.
5805 (1) (a) A peace officer or [
5806 protective custody under Subsection [
5807 reasonable efforts to locate and inform, through the most efficient means available, the child's
5808 parents, including a noncustodial parent, the child's guardian, or a responsible relative:
5809 (i) that the child [
5810 (ii) the [
5811 (iii) that the parent, guardian, or relative will be provided with information on:
5812 (A) the parent's or guardian's procedural rights; and
5813 (B) the preliminary stages of the investigation and shelter hearing;
5814 (iv) of a telephone number where the parent or guardian may access further
5815 information;
5816 (v) that the child and the child's parent or guardian are entitled to have an attorney
5817 present at the shelter hearing;
5818 (vi) that if the child's parent or guardian is an indigent individual[
5819
5820 (vii) that resources are available to assist the child's parent or guardian, including:
5821 (A) a parent advocate;
5822 (B) a qualified attorney; or
5823 (C) potential expert witnesses to testify on behalf of the child[
5824 [
5825 (b) For purposes of locating and informing the noncustodial parent [
5826 under Subsection (1)(a), the division shall search for the noncustodial parent through the
5827 [
5828 locate the noncustodial parent through other reasonable efforts.
5829 (2) At the time that a child is taken into protective custody under Subsection
5830 [
5831 guardian [
5832 (a) all of the information described in Subsection (1);
5833 (b) information on the conditions under which a child may be released from protective
5834 custody;
5835 (c) information on resources that are available to the parent or guardian, including:
5836 (i) mental health resources;
5837 (ii) substance abuse resources; and
5838 (iii) parenting classes; and
5839 (d) any other information considered relevant by the division.
5840 (3) The division shall ensure the informational packet described in Subsection (2)
5841 [
5842 (a) evaluated periodically for the effectiveness of the informational packet at conveying
5843 necessary information and revised accordingly;
5844 (b) written in simple, easy-to-understand language;
5845 (c) available in English and other languages as the division determines to be
5846 appropriate and necessary; and
5847 (d) made available for distribution in:
5848 (i) schools;
5849 (ii) health care facilities;
5850 (iii) local police and sheriff's offices;
5851 (iv) the offices of the division; and
5852 (v) any other appropriate office within the [
5853 department.
5854 (4) If reasonable efforts are made by the peace officer or child welfare caseworker to
5855 notify the child's parent or guardian or a responsible relative [
5856
5857 (a) shall be considered to be due to circumstances beyond the control of the peace
5858 officer or child welfare caseworker; and
5859 (b) may not be construed to:
5860 (i) permit a new defense to any juvenile or judicial proceeding; or
5861 (ii) interfere with any rights, procedures, or investigations provided for by this chapter
5862 [
5863 Termination and Restoration of Parental Rights.
5864 (5) (a) If the juvenile court issues a warrant under Subsection 80-2a-202(6), the
5865 division shall provide notice of the warrant to the child's parent or guardian who:
5866 (i) has a right to parent-time with the child; and
5867 (ii) (A) is the child's primary caregiver; or
5868 (B) has custody of the child when the warrant is sought.
5869 (b) The division shall make a good faith effort to provide notice to the child's parent or
5870 guardian who:
5871 (i) is not required to be notified under Subsection (5)(a); and
5872 (ii) has a right to parent-time with the child.
5873 Section 99. Section 80-2a-301, which is renumbered from Section 62A-4a-209 is
5874 renumbered and amended to read:
5875
5876 [
5877 Background checks.
5878 [
5879 [
5880 [
5881 [
5882 [
5883
5884 (1) The division may place a child in an emergency placement if:
5885 (a) the [
5886 (i) the child's home is unsafe;
5887 (ii) removal is necessary under [
5888 80-2a-202; and
5889 (iii) the child's custodial parent or guardian will agree to not remove the child from the
5890 home of the individual that serves as the placement and not have any contact with the child
5891 until after the time at which the shelter hearing [
5892 (b) an individual, with preference being given in accordance with Subsection (4), can
5893 be identified who has the ability and is willing to provide care for the child who would
5894 otherwise be placed in shelter care, including:
5895 (i) taking the child to medical, mental health, dental, and educational appointments at
5896 the request of the division; and
5897 (ii) making the child available to division services and the guardian ad litem; and
5898 (c) the individual described in Subsection [
5899 emergency basis under the following conditions:
5900 (i) the individual meets the criteria for an emergency placement under Subsection [
5901 (2);
5902 (ii) the individual agrees to not allow the custodial parent or guardian to have any
5903 contact with the child until after the time at which the shelter hearing is held unless authorized
5904 by the division in writing;
5905 (iii) the individual agrees to contact law enforcement and the division if the custodial
5906 parent or guardian attempts to make unauthorized contact with the child;
5907 (iv) the individual agrees to allow the division and the child's guardian ad litem to have
5908 access to the child;
5909 (v) the individual [
5910 continue to search for other possible placements for long-term care of the child, if needed;
5911 (vi) the individual is willing to assist the custodial parent or guardian in reunification
5912 efforts at the request of the division, and to follow all court orders; and
5913 (vii) the child is comfortable with the individual.
5914 [
5915 which the division places a child in an emergency placement, the division:
5916 (a) may request the name of a reference and may contact the reference to determine
5917 [
5918 (i) [
5919 the emergency placement; and
5920 (ii) [
5921 long-term placement for the child;
5922 (b) in accordance with Subsection (4)(a), shall have the custodial parent or guardian
5923 sign an emergency placement agreement form during the investigation described in Subsection
5924 (2)(a);
5925 (c) (i) if the emergency placement will be with a relative, shall comply with the
5926 background check provisions described in Subsection [
5927 (ii) if the emergency placement will be with an individual other than a noncustodial
5928 parent or [
5929 Subsection [
5930 (d) shall complete a limited home inspection of the home where the emergency
5931 placement is made; and
5932 (e) shall require the child welfare caseworker to have the emergency placement
5933 approved by a [
5934 [
5935 apply the following order of preference when determining the [
5936 child will be placed in an emergency placement [
5937 individual is able and willing[
5938 (i) a noncustodial parent of the child in accordance with Section 80-3-302;
5939 (ii) a relative;
5940 (iii) subject to Subsection [
5941 guardian, or the child, if the child is of sufficient maturity to articulate the child's wishes in
5942 relation to a placement;
5943 (iv) a former foster placement designated by the division;
5944 (v) a foster placement, that is not a former foster placement, designated by the division;
5945 and
5946 (vi) a shelter facility designated by the division.
5947 (b) In determining whether a friend is a willing and appropriate temporary emergency
5948 placement for a child, the division:
5949 (i) subject to Subsections [
5950 preferences or level of comfort with the friend;
5951 (ii) is required to consider no more than one friend designated by each parent or legal
5952 guardian of the child and one friend designated by the child, if the child is of sufficient maturity
5953 to articulate the child's wishes in relation to a placement;
5954 (iii) may limit the number of designated friends to two, one of whom shall be a friend
5955 designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
5956 relation to a placement; and
5957 (iv) shall give preference to a friend designated by the child, if:
5958 (A) the child is of sufficient maturity to articulate the child's wishes; and
5959 (B) the division's basis for removing the child under Section [
5960 is sexual abuse of the child.
5961 [
5962 Subsections [
5963 noncustodial parent if, based on a limited investigation[
5964 which the division makes the emergency placement, the division:
5965 (i) determines that the noncustodial parent has regular, unsupervised visitation with the
5966 child that is not prohibited by law or court order;
5967 (ii) determines that there is not reason to believe that the child's health or safety will be
5968 endangered during the emergency placement; and
5969 (iii) has the custodial parent or guardian sign an emergency placement agreement.
5970 (b) Either before or after [
5971 placement with the noncustodial parent of the child, the division may conduct the investigation
5972 described in Subsection [
5973 (c) Before, or within one day, excluding weekends and holidays, after [
5974
5975 noncustodial parent of the child, the division shall conduct a limited:
5976 (i) background check of the noncustodial parent, [
5977 (6); and
5978 (ii) inspection of the home where the emergency placement is made.
5979 [
5980 (a) respond to the emergency placement's calls within one hour after the call is received
5981 if the custodial [
5982 unauthorized contact with the child or [
5983 emergency placement;
5984 (b) complete all removal paperwork, including the notice provided to the [
5985
5986 (c) if the child is not placed with a noncustodial parent, relative, or friend, file a report
5987 with the child welfare caseworker's supervisor that explains why a different placement is in the
5988 child's best interest;
5989 [
5990 [
5991 [
5992 child, if needed.
5993 [
5994 (2)(c)(i) and (4)(c)(i) shall include completion of:
5995 (i) a name-based, Utah Bureau of Criminal Identification background check; and
5996 (ii) a search of the Management Information System [
5997
5998 (b) The division shall determine whether an individual passes the background check
5999 described in [
6000 with Subsection 62A-2-120(14).
6001 (c) Notwithstanding Subsection [
6002 individual who is prohibited by court order from having access to [
6003 [
6004 completion of:
6005 (i) a name-based, Utah Bureau of Criminal Identification background check;
6006 (ii) a federal name-based criminal background check; and
6007 (iii) a search of the Management Information System [
6008
6009 (b) The division shall determine whether an individual passes the background checks
6010 described in [
6011 with Section 62A-2-120.
6012 (c) If the division denies placement of a child as a result of a name-based criminal
6013 background check described in Subsection [
6014 denial, the individual shall submit a complete set of fingerprints with written permission to the
6015 Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation
6016 for a fingerprint-based criminal background check.
6017 (d) (i) Within 15 calendar days [
6018 checks are completed, the division shall require [
6019 fingerprints with written permission to the Utah Bureau of Criminal Identification for
6020 submission to the Federal Bureau of Investigation for a fingerprint-based criminal background
6021 check.
6022 (ii) If [
6023 described in Subsection [
6024 home.
6025 Section 100. Section 80-2a-302, which is renumbered from Section 62A-4a-203 is
6026 renumbered and amended to read:
6027 [
6028 home -- Exception -- Reasonable efforts for reunification.
6029 (1) Because removal of a child from the child's home affects protected, constitutional
6030 rights of the parent and has a dramatic, long-term impact on a child, the division shall:
6031 (a) [
6032 reasonable efforts to prevent or eliminate the need for removal of a child from the child's home
6033 [
6034 (b) determine whether there is substantial cause to believe that a child has been or is in
6035 danger of abuse or neglect, in accordance with the guidelines described in [
6036 Abuse, Neglect, and Dependency Proceedings, before removing the child from the child's
6037 home; and
6038 (c) [
6039 requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible
6040 for a child in substitute care to return to the child's home.
6041 (2) (a) In determining the reasonableness of efforts needed to maintain a child in the
6042 child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or
6043 (c), the child's health, safety, and welfare shall be the paramount concern.
6044 (b) The division shall consider whether the efforts described in Subsections (1) and (2)
6045 are likely to prevent abuse or continued neglect of the child.
6046 (3) [
6047 the efforts described in Subsections (1) and (2):
6048 (a) are not reasonable or appropriate; and
6049 (b) should not be utilized.
6050 (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation,
6051 abandonment, severe abuse, or severe neglect are involved, the state has no duty to make
6052 reasonable efforts to, in any way, attempt to:
6053 (a) maintain a child in the child's home;
6054 (b) provide reunification services; or
6055 (c) rehabilitate the offending parent or parents.
6056 (5) [
6057 from providing court ordered services.
6058 Section 101. Section 80-2a-303, which is renumbered from Section 62A-4a-206.5 is
6059 renumbered and amended to read:
6060 [
6061 after locating child.
6062 (1) [
6063 temporary custody, or custody of the division is missing, has been abducted, or has run away,
6064 the division shall:
6065 (a) within 24 hours after the time when the division has reason to believe that the
6066 information that the child is missing, has been abducted, or has run away is accurate, notify the
6067 National Center for Missing and Exploited Children; and
6068 (b) pursue a warrant under Subsection [
6069 (2) [
6070 shall:
6071 (a) determine the primary factors that caused or contributed to the child's absence from
6072 care;
6073 (b) determine the child's experiences while absent from care, including screening the
6074 child to determine if the child is a sex trafficking victim;
6075 (c) to the extent possible, select a placement for the child that accommodates the
6076 child's needs and takes into consideration the factors and experiences described in Subsections
6077 (2)(a) and (b); and
6078 (d) follow the requirements in Section 80-3-303 for determining an ongoing placement
6079 of the child.
6080 Section 102. Section 80-2a-304, which is renumbered from Section 62A-4a-206 is
6081 renumbered and amended to read:
6082 [
6083 -- Procedural due process.
6084 (1) (a) The Legislature finds that, except with regard to a child's natural parent or
6085 [
6086 family's familial relationship with a foster child who has been in the care and custody of [
6087
6088 foster home, the division may not dismiss the foster family as a mere collection of unrelated
6089 individuals.
6090 (b) The Legislature finds that children in the temporary custody and custody of the
6091 division are experiencing multiple changes in foster care placements with little or no
6092 documentation, and that numerous studies of child growth and development emphasize the
6093 importance of stability in foster care living arrangements.
6094 (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
6095 procedural due process for a foster family [
6096 [
6097 foster family's home, unless removal is for the purpose of:
6098 (i) returning the child to the child's natural parent or [
6099 (ii) immediately placing the child in an approved adoptive home;
6100 (iii) placing the child with a relative[
6101 custody or asserted an interest in the child within the preference period described in Subsection
6102 80-3-302(8); or
6103 (iv) placing an Indian child in accordance with placement preferences and other
6104 requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
6105 (2) (a) The division shall maintain and utilize due process procedures for removal of a
6106 foster child from a foster home, in accordance with the procedures and requirements of Title
6107 63G, Chapter 4, Administrative Procedures Act.
6108 (b) [
6109 for:
6110 (i) personal communication with, and a written explanation of the reasons for the
6111 removal to, the foster parents [
6112 (ii) an opportunity for foster parents to:
6113 (A) present [
6114 and
6115 [
6116 neutral fact finder[
6117 period of at least two years, request a review, to be held before removal of the child, by[
6118 the juvenile court judge currently assigned to the child's case[
6119 judge currently assigned to the child's case is not available, another juvenile court judge.
6120 (c) If the division determines that there is a reasonable basis to believe that the child is
6121 in danger or that there is a substantial threat of danger to the health or welfare of the child, [
6122 the division shall place the child in emergency foster care during the pendency of the
6123 procedures described in this [
6124 placement.
6125 (3) (a) If the division removes a child from a foster home based [
6126 statement alone, the division shall initiate and expedite the processes described in Subsection
6127 (2).
6128 (b) The division may [
6129 parent's license until after [
6130 other procedure or hearing required by law, [
6131 (4) [
6132 parent, the division shall, within 30 business days after the day on which the complaint is
6133 received, provide the foster parent with information regarding the specific nature of the
6134 complaint, the time and place of the alleged incident, and who was alleged to have been
6135 involved.
6136 (5) [
6137 provide the foster parents with:
6138 (a) notification of the requirements of this section;
6139 (b) a written description of the procedures enacted by the division [
6140 Subsection (2) and how to access [
6141 (c) written notification of the foster parents' ability to petition the juvenile court
6142 directly for review of a decision to remove a foster child who [
6143 Section 80-3-502, has been in the foster parents' custody for 12 months or longer[
6144
6145 (6) [
6146 a child based on a foster parent's request for [
6147 (7) It is unlawful for a person, with the intent to avoid compliance with the
6148 requirements of this section, to:
6149 (a) take action, or encourage another to take action, against the license of a foster
6150 parent; or
6151 (b) remove a child from a foster home before the child [
6152 foster parents for two years.
6153 (8) The division may not remove a foster child from a foster parent who is a relative[
6154
6155 parent without determining [
6156 (a) by clear and convincing evidence that the foster parent is incapable of caring for the
6157 foster child, if the alternative foster parent would not be another relative of the child; or
6158 (b) by a preponderance of the evidence that the foster parent is incapable of caring for
6159 the foster child, if the alternative foster parent would be another relative of the child.
6160 Section 103. Section 80-3-102 is amended to read:
6161 80-3-102. Definitions.
6162 As used in this chapter:
6163 (1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
6164 this chapter to commence proceedings in a juvenile court alleging that a child is:
6165 (a) abused;
6166 (b) neglected; or
6167 (c) dependent.
6168 [
6169
6170 [
6171 80-2-102.
6172 [
6173 Section [
6174 [
6175 (a) has an established relationship with the child or a family member of the child; and
6176 (b) is not the natural parent of the child.
6177 [
6178 grandparent, or grandchild.
6179 [
6180 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
6181 brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
6182 (b) is a first cousin of the child's parent;
6183 (c) is an adoptive parent of the child's sibling; or
6184 (d) in the case of a child who is an Indian child, is an extended family member as
6185 defined in 25 U.S.C. Sec. 1903.
6186 [
6187 [
6188 80-2-102.
6189 [
6190 [
6191 [
6192 [
6193 [
6194 Section 104. Section 80-3-104 is amended to read:
6195 80-3-104. Individuals entitled to be present at proceedings -- Legal representation
6196 -- Attorney general responsibilities.
6197 (1) (a) A minor who is the subject of a juvenile court hearing, any person entitled to
6198 notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative
6199 providing care for the minor, are:
6200 (i) entitled to notice of, and to be present at, each hearing and proceeding held under
6201 this chapter, including administrative reviews; and
6202 (ii) have a right to be heard at each hearing and proceeding described in Subsection
6203 (1)(a)(i).
6204 (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the
6205 discretion of the guardian ad litem[
6206 Subsection (3) or the juvenile court regarding any possible detriment to the child.
6207 (2) (a) The parent or guardian of a minor who is the subject of an abuse, neglect, or
6208 dependency petition has the right to be represented by counsel, and to present evidence, at each
6209 hearing.
6210 (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition,
6211 the juvenile court shall:
6212 (i) appoint an indigent defense service provider for a parent or guardian determined to
6213 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
6214 Counsel; and
6215 (ii) order indigent defense services for the parent or [
6216 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
6217 Counsel.
6218 (3) (a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile
6219 court shall order that the child be represented by an attorney guardian ad litem, in accordance
6220 with Section 78A-2-803.
6221 (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best
6222 interest of the minor, in accordance with the requirements of Section 78A-2-803:
6223 (i) at the shelter hearing and at all subsequent court and administrative proceedings,
6224 including any proceeding for termination of parental rights in accordance with Chapter 4,
6225 Termination and Restoration of Parental Rights; and
6226 (ii) in other actions initiated under this chapter when appointed by the court under
6227 Section 78A-2-803 or as otherwise provided by law.
6228 (4) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
6229 civil enforcement actions, the attorney general shall, in accordance with Section [
6230 80-2-303, enforce [
6231
6232 of a Child, relating to protection or custody of an abused, neglected, or dependent minor and
6233 the termination of parental rights.
6234 (5) (a) The juvenile court shall admit any individual to a hearing under this chapter,
6235 including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the
6236 record that the individual's presence at the hearing would:
6237 (i) be detrimental to the best interest of a minor who is a party to the proceeding;
6238 (ii) impair the fact-finding process; or
6239 (iii) be otherwise contrary to the interests of justice.
6240 (b) The juvenile court may exclude an individual from a hearing under Subsection
6241 (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
6242 Section 105. Section 80-3-109 is amended to read:
6243 80-3-109. Physical or mental health examination during proceedings -- Division
6244 duties.
6245 (1) In a proceeding under this chapter, the juvenile court:
6246 (a) may appoint any mental health therapist, as defined in Section 58-60-102, who the
6247 juvenile court finds to be qualified to:
6248 (i) evaluate the mental health of a minor or provide mental health services to the minor;
6249 or
6250 (ii) after notice and a hearing set for the specific purpose, evaluate the mental health of
6251 the minor's parent or guardian or provide mental health services to the parent or guardian if the
6252 juvenile court finds from the evidence presented at the hearing that the parent's or guardian's
6253 mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of
6254 the minor; or
6255 (b) may appoint a physician, or a physician assistant, who the juvenile court finds to be
6256 qualified to:
6257 (i) physically examine the minor; or
6258 (ii) after notice and a hearing set for the specific purpose, physically examine the
6259 minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing
6260 that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect,
6261 or dependency of the minor.
6262 (2) The juvenile court may not refuse to appoint a mental health therapist under
6263 Subsection (1) for the reason that the therapist's recommendations in another case did not
6264 follow the recommendations of the division.
6265 (3) The division shall, with regard to a minor in the division's custody:
6266 (a) take reasonable measures to notify a minor's parent or guardian of any
6267 non-emergency health treatment or care scheduled for a minor;
6268 (b) include the minor's parent or guardian as fully as possible in making health care
6269 decisions for the minor;
6270 (c) defer to the minor's parent's or guardian's reasonable and informed decisions
6271 regarding the minor's health care to the extent that the minor's health and well-being are not
6272 unreasonably compromised by the parent's or guardian's decision; and
6273 (d) notify the minor's parent or guardian within five business days after the day on
6274 which the minor receives emergency health care or treatment.
6275 (4) An examination conducted in accordance with Subsection (1) is not a privileged
6276 communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
6277 rule of privilege.
6278 (5) Subsection (1) applies to a proceeding under this chapter involving:
6279 (a) parents and minors; or
6280 (b) the division.
6281 Section 106. Section 80-3-201 is amended to read:
6282 80-3-201. Petition -- Who may file -- Timing -- Dismissal -- Notice.
6283 (1) Subject to Subsection (2), any interested person may file an abuse, neglect, or
6284 dependency petition.
6285 (2) A person described in Subsection (1) shall make a referral with the division before
6286 the person files an abuse, neglect, or dependency petition.
6287 (3) If a child who is the subject of an abuse, neglect, or dependency petition is removed
6288 from the child's home by the division, the petition shall be filed on or before the day on which
6289 the initial shelter hearing described in Section 80-3-301 is held.
6290 (4) An abuse, neglect, or dependency petition shall include:
6291 (a) a concise statement of facts, separately stated, to support the conclusion that the
6292 child upon whose behalf the abuse, neglect, or dependency petition is brought is abused,
6293 neglected, or dependent; and
6294 (b) a statement regarding whether the child is in protective custody, and if so, the date
6295 and precise time the child was taken into protective custody.
6296 (5) (a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall
6297 serve the petition and notice on:
6298 (i) the guardian ad litem;
6299 (ii) both parents and any guardian of the child; and
6300 (iii) the child's foster parents.
6301 (b) The notice described in Subsection (5) shall contain all of the following:
6302 (i) the name and address of the person to whom the notice is directed;
6303 (ii) the date, time, and place of the hearing on the petition;
6304 (iii) the name of the child on whose behalf the petition is brought;
6305 (iv) a statement that the parent or guardian to whom notice is given, and the child, are
6306 entitled to have an attorney present at the hearing on the petition, and that if the parent or
6307 guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
6308 one will be provided; and
6309 (v) a statement that the parent or [
6310 child in the protective custody, temporary custody, and custody of the division, and for legal
6311 counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the
6312 parent's or guardian's financial ability.
6313 (6) The petitioner shall serve the abuse, neglect, or dependency petition and notice
6314 under this section on all individuals described in Subsection (5)(a) as soon as possible after the
6315 petition is filed and at least five days before the day on which the hearing is set.
6316 (7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any
6317 stage of the proceedings.
6318 (8) If an abuse, neglect, or dependency petition includes an allegation of educational
6319 neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this
6320 chapter.
6321 Section 107. Section 80-3-301 is amended to read:
6322 80-3-301. Shelter hearing -- Court considerations.
6323 (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of
6324 a child within 72 hours, excluding weekends and holidays, after any one or all of the following
6325 occur:
6326 (a) removal of the child from the child's home by the division;
6327 (b) placement of the child in protective custody;
6328 (c) emergency placement under Subsection [
6329 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
6330 at the request of the division; or
6331 (e) a motion for expedited placement in temporary custody is filed under Section
6332 80-3-203.
6333 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
6334 division shall issue a notice that contains all of the following:
6335 (a) the name and address of the individual to whom the notice is directed;
6336 (b) the date, time, and place of the shelter hearing;
6337 (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is
6338 brought;
6339 (d) a concise statement regarding:
6340 (i) the reasons for removal or other action of the division under Subsection (1); and
6341 (ii) the allegations and code sections under which the proceeding is instituted;
6342 (e) a statement that the parent or guardian to whom notice is given, and the child, are
6343 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
6344 an indigent individual and cannot afford an attorney, and desires to be represented by an
6345 attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act;
6346 and
6347 (f) a statement that the parent or guardian is liable for the cost of support of the child in
6348 the protective custody, temporary custody, and custody of the division, and the cost for legal
6349 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
6350 ability of the parent or guardian.
6351 (3) The notice described in Subsection (2) shall be personally served as soon as
6352 possible, but no later than one business day after the day on which the child is removed from
6353 the child's home, or the day on which a motion for expedited placement in temporary custody
6354 under Section 80-3-203 is filed, on:
6355 (a) the appropriate guardian ad litem; and
6356 (b) both parents and any guardian of the child, unless the parents or guardians cannot
6357 be located.
6358 (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the
6359 shelter hearing:
6360 (a) the child, unless it would be detrimental for the child;
6361 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
6362 fail to appear in response to the notice;
6363 (c) counsel for the parents, if one is requested;
6364 (d) the child's guardian ad litem;
6365 (e) the child welfare [
6366 case; and
6367 (f) the attorney from the attorney general's office who is representing the division.
6368 (5) (a) At the shelter hearing, the juvenile court shall:
6369 (i) provide an opportunity to provide relevant testimony to:
6370 (A) the child's parent or guardian, if present; and
6371 (B) any other individual with relevant knowledge;
6372 (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and
6373 (iii) in accordance with Subsections 80-3-302(8)(c) through (e), grant preferential
6374 consideration to a relative or friend for the temporary placement of the child.
6375 (b) The juvenile court:
6376 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
6377 Procedure;
6378 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
6379 the requesting party, or the requesting party's counsel; and
6380 (iii) may in the juvenile court's discretion limit testimony and evidence to only that
6381 which goes to the issues of removal and the child's need for continued protection.
6382 (6) If the child is in protective custody, the division shall report to the juvenile court:
6383 (a) the reason why the child was removed from the parent's or guardian's custody;
6384 (b) any services provided to the child and the child's family in an effort to prevent
6385 removal;
6386 (c) the need, if any, for continued shelter;
6387 (d) the available services that could facilitate the return of the child to the custody of
6388 the child's parent or guardian; and
6389 (e) subject to Subsections 80-3-302(8)(c) through (e), whether any relatives of the child
6390 or friends of the child's parents may be able and willing to accept temporary placement of the
6391 child.
6392 (7) The juvenile court shall consider all relevant evidence provided by an individual or
6393 entity authorized to present relevant evidence under this section.
6394 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
6395 cause shown, the juvenile court may grant no more than one continuance, not to exceed five
6396 judicial days.
6397 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
6398 guardian for a continuance under Subsection (8)(a).
6399 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
6400 described in Subsection (2) within the time described in Subsection (3), the juvenile court may
6401 grant the request of a parent or guardian for a continuance, not to exceed five judicial days.
6402 (9) (a) If the child is in protective custody, the juvenile court shall order that the child
6403 be returned to the custody of the parent or guardian unless the juvenile court finds, by a
6404 preponderance of the evidence, consistent with the protections and requirements provided in
6405 Subsection [
6406 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
6407 safety of the child and the child's physical health or safety may not be protected without
6408 removing the child from the custody of the child's parent;
6409 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
6410 the child's growth, development, behavior, or psychological functioning;
6411 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6412 would sufficiently prevent future damage; and
6413 (C) there are no reasonable means available by which the child's emotional health may
6414 be protected without removing the child from the custody of the child's parent or guardian;
6415 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
6416 not removed from the custody of the child's parent or guardian;
6417 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
6418 household has been, or is considered to be at substantial risk of being, physically abused,
6419 sexually abused, or sexually exploited by:
6420 (A) a parent or guardian;
6421 (B) a member of the parent's household or the guardian's household; or
6422 (C) an individual known to the parent or guardian;
6423 (v) the parent or guardian is unwilling to have physical custody of the child;
6424 (vi) the parent or guardian is unable to have physical custody of the child;
6425 (vii) the child is without any provision for the child's support;
6426 (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
6427 and appropriate care for the child;
6428 (ix) (A) a relative or other adult custodian with whom the child is left by the parent or
6429 guardian is unwilling or unable to provide care or support for the child;
6430 (B) the whereabouts of the parent or guardian are unknown; and
6431 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
6432 (x) subject to Subsection [
6433 and 80-3-304, the child is in immediate need of medical care;
6434 (xi) (A) the physical environment or the fact that the child is left unattended beyond a
6435 reasonable period of time poses a threat to the child's health or safety; and
6436 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6437 would remove the threat;
6438 (xii) (A) the child or a minor residing in the same household has been neglected; and
6439 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6440 would prevent the neglect;
6441 (xiii) the parent, guardian, or an adult residing in the same household as the parent or
6442 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
6443 and any clandestine laboratory operation was located in the residence or on the property where
6444 the child resided;
6445 (xiv) (A) the child's welfare is substantially endangered; and
6446 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6447 would remove the danger; or
6448 (xv) the child's natural parent:
6449 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
6450 child;
6451 (B) is identified by a law enforcement agency as the primary suspect in an investigation
6452 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
6453 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
6454 recklessly causing the death of another parent of the child.
6455 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
6456 established if:
6457 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
6458 involving the parent; and
6459 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
6460 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
6461 knowingly allowed the child to be in the physical care of an individual after the parent received
6462 actual notice that the individual physically abused, sexually abused, or sexually exploited the
6463 child, that fact is prima facie evidence that there is a substantial risk that the child will be
6464 physically abused, sexually abused, or sexually exploited.
6465 (10) (a) (i) The juvenile court shall make a determination on the record as to whether
6466 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
6467 child's home and whether there are available services that would prevent the need for continued
6468 removal.
6469 (ii) If the juvenile court finds that the child can be safely returned to the custody of the
6470 child's parent or guardian through the provision of the services described in Subsection
6471 (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
6472 that the services be provided by the division.
6473 (b) In accordance with federal law, the juvenile court shall consider the child's health,
6474 safety, and welfare as the paramount concern when making the determination described in
6475 Subsection (10)(a), and in ordering and providing the services described in Subsection (10)(a).
6476 (11) [
6477 emergency situation in which the child could not safely remain at home, the juvenile court shall
6478 make a finding that any lack of preplacement preventive efforts, as described in Section
6479 [
6480 (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
6481 severe neglect are involved, the juvenile court and the division do not have any duty to make
6482 reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, return
6483 a child to the child's home, provide reunification services, or attempt to rehabilitate the
6484 offending parent or parents.
6485 (13) The juvenile court may not order continued removal of a child solely on the basis
6486 of educational neglect, truancy, or failure to comply with a court order to attend school.
6487 (14) (a) [
6488 section, the juvenile court shall state the facts on which the decision is based.
6489 (b) If no continued removal is ordered and the child is returned home, the juvenile
6490 court shall state the facts on which the decision is based.
6491 (15) If the juvenile court finds that continued removal and temporary custody are
6492 necessary for the protection of a child under Subsection (9)(a), the juvenile court shall order
6493 continued removal regardless of:
6494 (a) any error in the initial removal of the child;
6495 (b) the failure of a party to comply with notice provisions; or
6496 (c) any other procedural requirement of this chapter [
6497
6498 Protective Custody of a Child.
6499 Section 108. Section 80-3-302 is amended to read:
6500 80-3-302. Shelter hearing -- Placement of a child.
6501 (1) As used in this section:
6502 (a) "Natural parent," notwithstanding Section 80-1-102, means:
6503 (i) a biological or adoptive mother of the child;
6504 (ii) an adoptive father of the child; or
6505 (iii) a biological father of the child who:
6506 (A) was married to the child's biological mother at the time the child was conceived or
6507 born; or
6508 (B) has strictly complied with Sections 78B-6-120 through 78B-6-122, before removal
6509 of the child or voluntary surrender of the child by the custodial parent.
6510 (b) "Natural parent" includes the individuals described in Subsection (1)(a) regardless
6511 of whether the child has been or will be placed with adoptive parents or whether adoption has
6512 been or will be considered as a long-term goal for the child.
6513 (2) (a) At the shelter hearing, [
6514 removed from the custody of the child's parent in accordance with [
6515 Section 80-3-301, the juvenile court shall first determine whether there is another natural
6516 parent with whom the child was not residing at the time the events or conditions that brought
6517 the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the
6518 child.
6519 (b) Subject to Subsection (8), if another natural parent requests custody under
6520 Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
6521 court finds that the placement would be unsafe or otherwise detrimental to the child.
6522 (c) The juvenile court:
6523 (i) shall make a specific finding regarding the fitness of the parent described in
6524 Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement;
6525 (ii) shall, at a minimum, order the division to visit the parent's home, comply with the
6526 criminal background check provisions described in Section 80-3-305, and check the [
6527
6528 abuse or neglect received by the division regarding the parent at issue;
6529 (iii) may order the division to conduct any further investigation regarding the safety
6530 and appropriateness of the placement; and
6531 (iv) may place the child in the temporary custody of the division, pending the juvenile
6532 court's determination regarding the placement.
6533 (d) The division shall report the division's findings from an investigation under
6534 Subsection (2)(c), regarding the child in writing to the juvenile court.
6535 (3) If the juvenile court orders placement with a parent under Subsection (2):
6536 (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
6537 (b) the juvenile court may order:
6538 (i) that the parent take custody subject to the supervision of the juvenile court; and
6539 (ii) that services be provided to the parent from whose custody the child was removed,
6540 the parent who has assumed custody, or both; and
6541 (c) the juvenile court shall order reasonable parent-time with the parent from whose
6542 custody the child was removed, unless parent-time is not in the best interest of the child.
6543 (4) The juvenile court shall periodically review an order described in Subsection (3) to
6544 determine whether:
6545 (a) placement with the parent continues to be in the child's best interest;
6546 (b) the child should be returned to the original custodial parent;
6547 (c) the child should be placed with a relative under Subsections (7) through (10); or
6548 (d) the child should be placed in the temporary custody of the division.
6549 (5) The time limitations described in Section 80-3-406 with regard to reunification
6550 efforts apply to [
6551 Subsection (2).
6552 (6) (a) Legal custody of the child is not affected by an order entered under Subsection
6553 (2) or (3).
6554 (b) To affect a previous court order regarding legal custody, the party shall petition the
6555 court for modification of legal custody.
6556 (7) Subject to Subsection (8), if, at the time of the shelter hearing, a child is removed
6557 from the custody of the child's parent and is not placed in the custody of the child's other
6558 parent, the juvenile court:
6559 (a) shall, at that time, determine whether there is a relative or a friend who is able and
6560 willing to care for the child, which may include asking a child, who is of sufficient maturity to
6561 articulate the child's wishes in relation to a placement, if there is a relative or friend with whom
6562 the child would prefer to reside;
6563 (b) may order the division to conduct a reasonable search to determine whether there
6564 are relatives or friends who are willing and appropriate, in accordance with the requirements of
6565 this chapter [
6566 Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, for placement
6567 of the child;
6568 (c) shall order the parents to cooperate with the division, within five working days, to
6569 provide information regarding relatives or friends who may be able and willing to care for the
6570 child; and
6571 (d) may order that the child be placed in the temporary custody of the division pending
6572 the determination under Subsection (7)(a).
6573 (8) (a) Subject to Subsections (8)(b) through (d), preferential consideration shall be
6574 given to a relative's or a friend's request for placement of the child, if the placement is in the
6575 best interest of the child, and the provisions of this section are satisfied.
6576 (b) (i) The preferential consideration that a relative or friend is initially granted under
6577 Subsection (8)(a) expires 120 days after the day on which the shelter hearing occurs.
6578 (ii) After the day on which the time period described in Subsection (8)(b)(i) expires, a
6579 relative or friend, who has not obtained custody or asserted an interest in a child, may not be
6580 granted preferential consideration by the division or the juvenile court.
6581 (c) (i) The preferential consideration that a natural parent is initially granted under
6582 Subsection (2) is limited after 120 days after the day on which the shelter hearing occurs.
6583 (ii) After the time period described in Subsection (8)(c)(i), the juvenile court shall base
6584 the juvenile court's custody decision on the best interest of the child.
6585 [
6586 expires, the following order of preference shall be applied when determining the individual
6587 with whom a child will be placed, provided that the individual is willing and able to care for
6588 the child:
6589 [
6590 [
6591 [
6592 parent; and
6593 [
6594 [
6595 for a child, the juvenile court or the division:
6596 (i) subject to Subsections [
6597 the child's preferences or level of comfort with the friend;
6598 (ii) is required to consider no more than one friend designated by each parent of the
6599 child and one friend designated by the child if the child is of sufficient maturity to articulate the
6600 child's wishes in relation to a placement;
6601 (iii) may limit the number of designated friends to two, one of whom shall be a friend
6602 designated by the child if the child is of sufficient maturity to articulate the child's wishes in
6603 relation to a placement; and
6604 (iv) shall give preference to a friend designated by the child if:
6605 (A) the child is of sufficient maturity to articulate the child's wishes; and
6606 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
6607 child.
6608 [
6609 articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
6610 licensed foster parent for placement of the child, but is able to identify a friend who is willing
6611 to become licensed as a foster parent, the department shall fully cooperate to expedite the
6612 licensing process for the friend.
6613 (ii) If the friend described in Subsection [
6614 parent within the time frame described in Subsection (8)(b), the juvenile court shall determine
6615 whether it is in the best interest of the child to place the child with the friend.
6616 (9) (a) If a relative or friend who is willing to cooperate with the child's permanency
6617 goal is identified under Subsection (7)(a), the juvenile court shall make a specific finding
6618 regarding:
6619 (i) the fitness of that relative or friend as a placement for the child; and
6620 (ii) the safety and appropriateness of placement with the relative or friend.
6621 (b) In making the finding described in Subsection (9)(a), the juvenile court shall, at a
6622 minimum, order the division to:
6623 (i) if the child may be placed with a relative, conduct a background check that includes:
6624 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
6625 background check of the relative;
6626 (B) a completed search, relating to the relative, of the Management Information System
6627 [
6628 (C) a background check that complies with the criminal background check provisions
6629 described in Section 80-3-305, of each nonrelative[
6630 child who resides in the household where the child may be placed;
6631 (ii) if the child will be placed with a noncustodial parent, complete a background check
6632 that includes:
6633 (A) the background check requirements applicable to an emergency placement with a
6634 noncustodial parent that are described in Subsections [
6635 and (6);
6636 (B) a completed search, relating to the noncustodial parent of the child, of the
6637 Management Information System [
6638 (C) a background check that complies with the criminal background check provisions
6639 described in Section 80-3-305, of each nonrelative[
6640 child who resides in the household where the child may be placed;
6641 (iii) if the child may be placed with an individual other than a noncustodial parent or a
6642 relative, conduct a criminal background check of the individual, and each adult that resides in
6643 the household where the child may be placed, that complies with the criminal background
6644 check provisions described in Section 80-3-305;
6645 (iv) visit the relative's or friend's home;
6646 (v) check the [
6647 System for any previous reports of abuse or neglect regarding the relative or friend at issue;
6648 (vi) report the division's findings in writing to the juvenile court; and
6649 (vii) provide sufficient information so that the juvenile court may determine whether:
6650 (A) the relative or friend has any history of abusive or neglectful behavior toward other
6651 children that may indicate or present a danger to this child;
6652 (B) the child is comfortable with the relative or friend;
6653 (C) the relative or friend recognizes the parent's history of abuse and is committed to
6654 protect the child;
6655 (D) the relative or friend is strong enough to resist inappropriate requests by the parent
6656 for access to the child, in accordance with court orders;
6657 (E) the relative or friend is committed to caring for the child as long as necessary; and
6658 (F) the relative or friend can provide a secure and stable environment for the child.
6659 (c) The division may determine to conduct, or the juvenile court may order the division
6660 to conduct, any further investigation regarding the safety and appropriateness of the placement
6661 described in Subsection (9)(a).
6662 (d) The division shall complete and file the division's assessment regarding placement
6663 with a relative or friend under Subsections (9)(a) and (b) as soon as practicable, in an effort to
6664 facilitate placement of the child with a relative or friend.
6665 (10) (a) The juvenile court may place a child described in Subsection (2)(a) in the
6666 temporary custody of the division, pending the division's investigation under Subsection (9),
6667 and the juvenile court's determination regarding the appropriateness of the placement.
6668 (b) The juvenile court shall ultimately base the juvenile court's determination regarding
6669 the appropriateness of a placement with a relative or friend on the best interest of the child.
6670 (11) [
6671 child's relative or friend:
6672 (a) the juvenile court:
6673 (i) shall order the relative or friend take custody, subject to the continuing supervision
6674 of the juvenile court; and
6675 (ii) may order the division provide necessary services to the child and the child's
6676 relative or friend, including the monitoring of the child's safety and well-being;
6677 (b) the child and the relative or friend in whose custody the child is placed are under
6678 the continuing jurisdiction of the juvenile court;
6679 (c) the juvenile court may enter any order that the juvenile court considers necessary
6680 for the protection and best interest of the child;
6681 (d) the juvenile court shall provide for reasonable parent-time with the parent or
6682 parents from whose custody the child was removed, unless parent-time is not in the best
6683 interest of the child; and
6684 (e) the juvenile court shall conduct a periodic review no less often than every six
6685 months, to determine whether:
6686 (i) placement with the relative or friend continues to be in the child's best interest;
6687 (ii) the child should be returned home; or
6688 (iii) the child should be placed in the custody of the division.
6689 (12) No later than 12 months after the day on which the child [
6690 the home, the juvenile court shall schedule a hearing for the purpose of entering a permanent
6691 order in accordance with the best interest of the child.
6692 (13) The time limitations described in Section 80-3-406, with regard to reunification
6693 efforts, apply to [
6694 (14) (a) If the juvenile court awards temporary custody of a child to the division, and
6695 the division places the child with a relative, the division shall:
6696 (i) conduct a criminal background check of the relative that complies with the criminal
6697 background check provisions described in Section 80-3-305; and
6698 (ii) if the results of the criminal background check described in Subsection (14)(a)(i)
6699 would prohibit the relative from having direct access to the child under Section 62A-2-120, the
6700 division shall:
6701 (A) take the child into physical custody; and
6702 (B) within three days, excluding weekends and holidays, after the day on which the
6703 child is taken into physical custody under Subsection (14)(a)(ii)(A), give written notice to the
6704 juvenile court, and all parties to the proceedings, of the division's action.
6705 (b) Subsection (14)(a) does not prohibit the division from placing a child with a
6706 relative, pending the results of the background check described in Subsection (14)(a) on the
6707 relative.
6708 (15) If the juvenile court orders that a child be removed from the custody of the child's
6709 parent and does not award custody and guardianship to another parent, relative, or friend under
6710 this section, the juvenile court shall order that the child be placed in the temporary custody of
6711 the division, to proceed to adjudication and disposition and to be provided with care and
6712 services in accordance with this chapter [
6713
6714 of a Child.
6715 (16) (a) If a child reenters the temporary custody or the custody of the division and is
6716 placed in foster care, the division shall:
6717 (i) notify the child's former foster parents; and
6718 (ii) upon a determination of the former foster parents' willingness and ability to safely
6719 and appropriately care for the child, give the former foster parents preference for placement of
6720 the child.
6721 [
6722 not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given to
6723 a foster placement with a married couple, unless it is in the best interests of the child to place
6724 the child with a single foster parent.
6725 (17) In determining the placement of a child, the juvenile court and the division may
6726 not take into account, or discriminate against, the religion of an individual with whom the child
6727 may be placed, unless the purpose of taking religion into account is to place the child with an
6728 individual or family of the same religion as the child.
6729 (18) If the juvenile court's decision differs from a child's express wishes if the child is
6730 of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile
6731 court shall make findings explaining why the juvenile court's decision differs from the child's
6732 wishes.
6733 (19) This section does not guarantee that an identified relative or friend will receive
6734 custody of the child.
6735 Section 109. Section 80-3-305 is amended to read:
6736 80-3-305. Criminal background checks necessary before out-of-home placement
6737 of a child.
6738 (1) Subject to Subsection (3), upon ordering removal of a child from the custody of the
6739 child's parent and placing that child in the temporary custody or custody of the division before
6740 the division places a child in out-of-home care, the juvenile court shall require the completion
6741 of a nonfingerprint-based background check by the Utah Bureau of Criminal Identification
6742 regarding the proposed placement.
6743 (2) (a) Except as provided in Subsection (4), the division [
6744 Guardian [
6745 motion, may order, the Department of Public Safety to conduct a complete Federal Bureau of
6746 Investigation criminal background check through the national criminal history system (NCIC).
6747 (b) (i) Except as provided in Subsection (4), upon request by the division or the Office
6748 of Guardian ad Litem, or upon the juvenile court's order, an individual subject to the
6749 requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI
6750 fingerprint background check.
6751 (ii) The child may be temporarily placed, pending the outcome of the background
6752 check described in Subsection (2)(b)(i).
6753 (c) (i) Except as provided in Subsection (2)(c)(ii), the cost of the investigations
6754 described in Subsection (2)(a) shall be borne by whoever is to receive placement of the child.
6755 (ii) The division may pay all or part of the cost of the investigations described in
6756 Subsection (2)(a).
6757 (3) Except as provided in Subsection (5), a child who is in the [
6758 custody, temporary custody, or custody of the division may not be placed with a prospective
6759 foster parent or a prospective adoptive parent, unless, before the child is placed with the
6760 prospective foster parent or the prospective adoptive parent:
6761 (a) a fingerprint based FBI national criminal history records check is conducted on the
6762 prospective foster parent or prospective adoptive parent and any other adult residing in the
6763 household;
6764 (b) the department conducts a check of the abuse and neglect registry in each state
6765 where the prospective foster parent or prospective adoptive parent resided in the five years
6766 immediately before the day on which the prospective foster parent or prospective adoptive
6767 parent applied to be a foster parent or adoptive parent, to determine whether the prospective
6768 foster parent or prospective adoptive parent is listed in the registry as having a substantiated or
6769 supported finding of a severe type of abuse or neglect [
6770 (c) the department conducts a check of the abuse and neglect registry of each state
6771 where each adult living in the home of the prospective foster parent or prospective adoptive
6772 parent described in Subsection (3)(b) resided in the five years immediately before the day on
6773 which the prospective foster parent or prospective adoptive parent applied to be a foster parent
6774 or adoptive parent, to determine whether the adult is listed in the registry as having a
6775 substantiated or supported finding of a severe type of abuse or neglect [
6776
6777 (d) each individual required to undergo a background check described in this
6778 Subsection (3) passes the background check, in accordance with the provisions of Section
6779 62A-2-120.
6780 (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
6781 parent or relative under Section [
6782 juvenile court finds that compliance with Subsection (2)(a) or (b) is necessary to ensure the
6783 safety of the child.
6784 (5) The requirements under Subsection (3) do not apply to the extent that:
6785 (a) federal law or rule permits otherwise; or
6786 (b) the requirements would prohibit the division or a juvenile court from placing a
6787 child with:
6788 (i) a noncustodial parent, under Section [
6789 80-3-303; or
6790 (ii) a relative, under Section [
6791 completion of the background check described in Subsection (3).
6792 Section 110. Section 80-3-307, which is renumbered from Section 62A-4a-205 is
6793 renumbered and amended to read:
6794 [
6795 Parent-time and relative visitation.
6796 (1) [
6797 than 45 days after [
6798
6799 (2) (a) The division may use an interdisciplinary team approach in developing [
6800 child and family plan.
6801 (b) The interdisciplinary team described in Subsection (2)(a) may include
6802 representatives from the following fields:
6803 (i) mental health;
6804 (ii) education; [
6805 (iii) if appropriate, law enforcement.
6806 (3) (a) The division shall involve all of the following in the development of a child's
6807 child and family plan:
6808 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
6809 (ii) the child;
6810 (iii) the child's foster parents; and
6811 (iv) if appropriate, the child's stepparent.
6812 (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or
6813 a party's counsel from being involved in the development of a child's child and family plan if
6814 the party or counsel's participation is otherwise permitted by law.
6815 (c) In relation to all information considered by the division in developing a child and
6816 family plan, the division shall give additional weight and attention [
6817 of the child's natural and foster parents upon [
6818 natural and foster parents under Subsections (3)(a)(i) and (iii).
6819 (d) (i) The division shall make a substantial effort to develop a child and family plan
6820 with which the child's parents agree.
6821 (ii) If a parent does not agree with a child and family plan:
6822 (A) the division shall strive to resolve the disagreement between the division and the
6823 parent; and
6824 (B) if the disagreement is not resolved, the division shall inform the court of the
6825 disagreement.
6826 (4) A copy of the child and family plan shall, immediately upon completion, or as soon
6827 as reasonably possible thereafter, be provided to [
6828 (a) the guardian ad litem;
6829 (b) the child's natural parents; and
6830 (c) the child's foster parents.
6831 (5) [
6832 (a) specifically provide for the safety of the child, in accordance with federal law; [
6833 (b) clearly define what actions or precautions will, or may be, necessary to provide for
6834 the health, safety, protection, and welfare of the child[
6835 (c) be specific to each child and the child's family, rather than general;
6836 (d) include individualized expectations and contain specific time frames;
6837 (e) except as provided in Subsection (6), address problems that:
6838 (i) keep a child in the child's placement; and
6839 (ii) keep a child from achieving permanence in the child's life;
6840 (f) be designed to:
6841 (i) minimize disruption to the normal activities of the child's family, including
6842 employment and school; and
6843 (ii) as much as practicable, help the child's parent maintain or obtain employment; and
6844 [
6845 following:
6846 [
6847 custody or the division's temporary custody or custody;
6848 [
6849 [
6850
6851 [
6852 described in Subsection [
6853 [
6854 and the reason for selection of [
6855 [
6856 80-3-406, and the reason for the selection of [
6857 [
6858 [
6859 returned home;
6860 [
6861 (5)(g)(v)(A) may be accomplished; and
6862 [
6863 measured;
6864 [
6865 the child in [
6866 custody;
6867 [
6868 for case management for the division;
6869 [
6870 parent and the child;
6871 [
6872 address any known or diagnosed mental health needs of the child;
6873 [
6874 requirement for a specialized assessment of the child's health needs including an assessment of
6875 mental illness and behavior and conduct disorders;
6876 [
6877 planning; and
6878 [
6879 (6) For purposes of Subsection (5)(e), a child and family plan may only include
6880 requirements that:
6881 (a) address findings made by the court; or
6882 (b) (i) are requested or consented to by a parent or guardian of the child; and
6883 (ii) are agreed to by the division and the guardian ad litem.
6884 (7) (a) Subject to Subsection (7)(b), in addition to the information required under
6885 Subsection [
6886 assessment of the medical and mental health needs of a child, if the child:
6887 (i) is placed in residential treatment; and
6888 (ii) has medical or mental health issues that need to be addressed.
6889 (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
6890 medical or mental health diagnosis of the parent's child from a licensed practitioner of the
6891 parent's choice.
6892 [
6893
6894 [
6895 child and family plans that comply with:
6896 (i) federal mandates; and
6897 (ii) the specific needs of the particular child and the child's family.
6898 [
6899
6900 [
6901 [
6902 [
6903 [
6904
6905 [
6906
6907
6908 [
6909 stepparents, shall be kept informed of and supported to participate in important meetings and
6910 procedures related to the child's placement.
6911 [
6912
6913 [
6914 [
6915 [
6916 (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
6917 years old or younger, if the child and family plan is not to return the child home, the primary
6918 permanency plan described in Section 80-3-406 for [
6919 (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
6920 is a compelling reason that adoption, reunification, guardianship, and a placement described in
6921 Subsection 80-3-301(6)(e) are not in the child's best interest, the court may order another
6922 planned permanent living arrangement in accordance with federal law.
6923 (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
6924 court order issued in accordance with Subsection 80-3-406(9).
6925 (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
6926 court to supervise a parent-time session may deny parent-time for [
6927 supervising person determines that, based on the parent's condition, it is necessary to deny
6928 parent-time [
6929 (i) protect the physical safety of the child;
6930 (ii) protect the life of the child; or
6931 (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
6932 contact with the parent.
6933 (c) In determining whether the condition of the parent described in Subsection (10)(b)
6934 will traumatize a child, the person supervising the parent-time session shall consider the impact
6935 that the parent's condition will have on the child in light of:
6936 (i) the child's fear of the parent; and
6937 (ii) the nature of the alleged abuse or neglect.
6938 (11) [
6939 consider visitation with [
6940 if:
6941 (a) the division determines the visitation to be in the best interest of the child [
6942 [
6943 the [
6944 [
6945 child's reunification plan;
6946 [
6947 grandparent and child; and
6948 [
6949 (12) (a) The [
6950 plan reasonable efforts to[
6951 (i) siblings are separated due to foster care or adoptive placement;
6952 (ii) the sibling visitation is in the best interest of the child for whom the child and
6953 family plan is developed; and
6954 (iii) the division has consent for sibling visitation from the [
6955 sibling[
6956 (b) The division shall obtain consent for sibling visitation from the sibling's [
6957 guardian [
6958 Section 111. Section 80-3-404 is amended to read:
6959 80-3-404. Finding of severe child abuse or neglect -- Order delivered to division --
6960 Court records.
6961 (1) [
6962 petition is filed with the juvenile court that informs the juvenile court that the division has
6963 made a supported finding that an individual committed a severe type of child abuse or neglect
6964 [
6965 (a) make a finding of substantiated, unsubstantiated, or without merit;
6966 (b) include the finding described in Subsection (1)(a) in a written order; and
6967 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
6968 (2) The juvenile court shall make the finding described in Subsection (1):
6969 (a) as part of the adjudication hearing;
6970 (b) at the conclusion of the adjudication hearing; or
6971 (c) as part of a court order entered [
6972 parties.
6973 [
6974
6975
6976 [
6977
6978 [
6979 [
6980 [
6981
6982 [
6983 supported finding [
6984 severe type of child abuse or neglect may be joined in the juvenile court with an adjudication of
6985 a severe type of child abuse or neglect.
6986 (4) (a) The juvenile court shall make records of the juvenile court's findings under
6987 Subsection (1) available only to an individual with statutory authority to access the Licensing
6988 Information System for the purposes of licensing under Sections 26-39-402, 62A-1-118, and
6989 62A-2-120, or for the purposes described in Sections 26-8a-310, 62A-2-121, or Title 26,
6990 Chapter 21, Part 2, Clearance for Direct Patient Access.
6991 (b) An appellate court shall make records of an appeal from the juvenile court's
6992 decision under Subsection (1) available only to an individual with statutory authority to access
6993 the Licensing Information System for the purposes described in Subsection (4)(a).
6994 [
6995
6996
6997
6998
6999 [
7000
7001
7002 [
7003
7004 [
7005 [
7006
7007 [
7008
7009 [
7010 [
7011
7012 Section 112. Section 80-3-406 is amended to read:
7013 80-3-406. Permanency plan -- Reunification services.
7014 (1) If the juvenile court orders continued removal at the dispositional hearing under
7015 Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court
7016 shall first:
7017 (a) establish a primary permanency plan and a concurrent permanency plan for the
7018 minor in accordance with this section; and
7019 (b) determine whether, in view of the primary permanency plan, reunification services
7020 are appropriate for the minor and the minor's family under Subsections (5) through (8).
7021 (2) (a) The concurrent permanency plan shall include:
7022 (i) a representative list of the conditions under which the primary permanency plan will
7023 be abandoned in favor of the concurrent permanency plan; and
7024 (ii) an explanation of the effect of abandoning or modifying the primary permanency
7025 plan.
7026 (b) In determining the primary permanency plan and concurrent permanency plan, the
7027 juvenile court shall consider:
7028 (i) the preference for kinship placement over nonkinship placement;
7029 (ii) the potential for a guardianship placement if parental rights are terminated and no
7030 appropriate adoption placement is available; and
7031 (iii) the use of an individualized permanency plan, only as a last resort.
7032 (3) (a) The juvenile court may amend a minor's primary permanency plan before the
7033 establishment of a final permanency plan under Section 80-3-409.
7034 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
7035 the event that the primary permanency plan is abandoned.
7036 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
7037 primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
7038 with Section 80-3-409 on or before the earlier of:
7039 (i) 30 days after the day on which the juvenile court makes the determination described
7040 in this Subsection (3)(c); or
7041 (ii) the day on which the provision of reunification services, described in Section
7042 80-3-409, ends.
7043 (4) (a) Because of the state's interest in and responsibility to protect and provide
7044 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
7045 parent's interest in receiving reunification services is limited.
7046 (b) The juvenile court may determine that:
7047 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
7048 based on the individual circumstances; and
7049 (ii) reunification services should not be provided.
7050 (c) In determining reasonable efforts to be made with respect to a minor, and in making
7051 reasonable efforts, the juvenile court and the division shall consider the minor's health, safety,
7052 and welfare as the paramount concern.
7053 (5) There is a presumption that reunification services should not be provided to a
7054 parent if the juvenile court finds, by clear and convincing evidence, that any of the following
7055 circumstances exist:
7056 (a) the whereabouts of the parents are unknown, based [
7057 indicating that a reasonably diligent search has failed to locate the parent;
7058 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
7059 magnitude that the mental illness renders the parent incapable of utilizing reunification
7060 services;
7061 (c) the minor was previously adjudicated as an abused child due to physical abuse,
7062 sexual abuse, or sexual exploitation, and following the adjudication the child:
7063 (i) was removed from the custody of the minor's parent;
7064 (ii) was subsequently returned to the custody of the parent; and
7065 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
7066 exploitation;
7067 (d) the parent:
7068 (i) caused the death of another minor through abuse or neglect;
7069 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
7070 (A) murder or manslaughter of a minor; or
7071 (B) child abuse homicide;
7072 (iii) committed sexual abuse against the minor;
7073 (iv) is a registered sex offender or required to register as a sex offender; or
7074 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
7075 minor;
7076 (B) is identified by a law enforcement agency as the primary suspect in an investigation
7077 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
7078 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
7079 recklessly causing the death of another parent of the minor;
7080 (e) the minor suffered severe abuse by the parent or by any individual known by the
7081 parent if the parent knew or reasonably should have known that the individual was abusing the
7082 minor;
7083 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the
7084 parent, and the juvenile court finds that it would not benefit the minor to pursue reunification
7085 services with the offending parent;
7086 (g) the parent's rights are terminated with regard to any other minor;
7087 (h) the minor was removed from the minor's home on at least two previous occasions
7088 and reunification services were offered or provided to the family at those times;
7089 (i) the parent has abandoned the minor for a period of six months or longer;
7090 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
7091 location where the parent knew or should have known that a clandestine laboratory operation
7092 was located;
7093 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
7094 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
7095 exposed to an illegal or prescription drug that was abused by the minor's mother while the
7096 minor was in utero, if the minor was taken into division custody for that reason, unless the
7097 mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
7098 substance use disorder treatment program approved by the department; or
7099 (l) any other circumstance that the juvenile court determines should preclude
7100 reunification efforts or services.
7101 (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent
7102 evidence from at least two medical or mental health professionals, who are not associates,
7103 establishing that, even with the provision of services, the parent is not likely to be capable of
7104 adequately caring for the minor within 12 months after the day on which the juvenile court
7105 finding is made.
7106 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
7107 court finds, under the circumstances of the case, that the substance use disorder treatment
7108 described in Subsection (5)(k) is not warranted.
7109 (7) In determining whether reunification services are appropriate, the juvenile court
7110 shall take into consideration:
7111 (a) failure of the parent to respond to previous services or comply with a previous child
7112 and family plan;
7113 (b) the fact that the minor was abused while the parent was under the influence of
7114 drugs or alcohol;
7115 (c) any history of violent behavior directed at the minor or an immediate family
7116 member;
7117 (d) whether a parent continues to live with an individual who abused the minor;
7118 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
7119 (f) testimony by a competent professional that the parent's behavior is unlikely to be
7120 successful; and
7121 (g) whether the parent has expressed an interest in reunification with the minor.
7122 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order
7123 reunification services, a permanency hearing shall be conducted within 30 days in accordance
7124 with Section 80-3-409.
7125 (9) (a) Subject to Subsections (9)(b) and (c), if the juvenile court determines that
7126 reunification services are appropriate for the minor and the minor's family, the juvenile court
7127 shall provide for reasonable parent-time with the parent or parents from whose custody the
7128 minor was removed, unless parent-time is not in the best interest of the minor.
7129 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
7130 finding that it is necessary to deny parent-time in order to:
7131 (i) protect the physical safety of the minor;
7132 (ii) protect the life of the minor; or
7133 (iii) prevent the minor from being traumatized by contact with the parent due to the
7134 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
7135 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
7136 solely on a parent's failure to:
7137 (i) prove that the parent has not used legal or illegal substances; or
7138 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
7139 court.
7140 (10) (a) If the juvenile court determines that reunification services are appropriate, the
7141 juvenile court shall order that the division make reasonable efforts to provide services to the
7142 minor and the minor's parent for the purpose of facilitating reunification of the family, for a
7143 specified period of time.
7144 (b) In providing the services described in Subsection (10)(a), the juvenile court and the
7145 division shall consider the minor's health, safety, and welfare as the paramount concern.
7146 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
7147 severe neglect are involved:
7148 (a) the juvenile court does not have any duty to order reunification services; and
7149 (b) the division does not have a duty to make reasonable efforts to or in any other way
7150 attempt to provide reunification services or attempt to rehabilitate the offending parent or
7151 parents.
7152 (12) (a) The juvenile court shall:
7153 (i) determine whether the services offered or provided by the division under the child
7154 and family plan constitute reasonable efforts on the part of the division;
7155 (ii) determine and define the responsibilities of the parent under the child and family
7156 plan in accordance with Subsection [
7157 (iii) identify verbally on the record, or in a written document provided to the parties,
7158 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
7159 determination regarding the provision of reasonable efforts, in accordance with state and
7160 federal law.
7161 (b) If the parent is in a substance use disorder treatment program, other than a certified
7162 drug court program, the juvenile court may order the parent:
7163 (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
7164 80-3-110(6), in addition to the testing recommended by the parent's substance use disorder
7165 program based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol;
7166 and
7167 (ii) to provide the results of drug or alcohol testing recommended by the substance use
7168 disorder program to the juvenile court or division.
7169 (13) (a) The time period for reunification services may not exceed 12 months from the
7170 day on which the minor was initially removed from the minor's home, unless the time period is
7171 extended under Subsection 80-3-409(7).
7172 (b) [
7173 parent to an entire 12 months of reunification services.
7174 (14) (a) If reunification services are ordered, the juvenile court may terminate those
7175 services at any time.
7176 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
7177 to be inconsistent with the final permanency plan for the minor established under Section
7178 80-3-409, then measures shall be taken, in a timely manner, to:
7179 (i) place the minor in accordance with the final permanency plan; and
7180 (ii) complete whatever steps are necessary to finalize the permanent placement of the
7181 minor.
7182 (15) Any physical custody of the minor by the parent or a relative during the period
7183 described in Subsections (10) through (14) does not interrupt the running of the period.
7184 (16) (a) If reunification services are ordered, the juvenile court shall conduct a
7185 permanency hearing in accordance with Section 80-3-409 before the day on which the time
7186 period for reunification services expires.
7187 (b) The permanency hearing shall be held no later than 12 months after the original
7188 removal of the minor.
7189 (c) If reunification services are not ordered, a permanency hearing shall be conducted
7190 within 30 days in accordance with Section 80-3-409.
7191 (17) With regard to a minor in the custody of the division whose parent or parents are
7192 ordered to receive reunification services but who have abandoned that minor for a period of six
7193 months from the day on which reunification services are ordered:
7194 (a) the juvenile court shall terminate reunification services; and
7195 (b) the division shall petition the juvenile court for termination of parental rights.
7196 (18) When a minor is under the custody of the division and has been separated from a
7197 sibling due to foster care or adoptive placement, a juvenile court may order sibling visitation,
7198 subject to the division obtaining consent from the sibling's [
7199 juvenile court's determination of the best interests of the minor for whom the hearing is held.
7200 (19) (a) If reunification services are not ordered under this section, and the
7201 whereabouts of a parent becomes known within six months after the day on which the
7202 out-of-home placement of the minor is made, the juvenile court may order the division to
7203 provide reunification services.
7204 (b) The time limits described in this section are not tolled by the parent's absence.
7205 (20) (a) If a parent is incarcerated or institutionalized, the juvenile court shall order
7206 reasonable services unless the juvenile court determines that those services would be
7207 detrimental to the minor.
7208 (b) In making the determination described in Subsection (20)(a), the juvenile court
7209 shall consider:
7210 (i) the age of the minor;
7211 (ii) the degree of parent-child bonding;
7212 (iii) the length of the sentence;
7213 (iv) the nature of the treatment;
7214 (v) the nature of the crime or illness;
7215 (vi) the degree of detriment to the minor if services are not offered;
7216 (vii) for a minor who is 10 years old or older, the minor's attitude toward the
7217 implementation of family reunification services; and
7218 (viii) any other appropriate factors.
7219 (c) Reunification services for an incarcerated parent are subject to the time limitations
7220 imposed in this section.
7221 (d) Reunification services for an institutionalized parent are subject to the time
7222 limitations imposed in this section, unless the juvenile court determines that continued
7223 reunification services would be in the minor's best interest.
7224 Section 113. Section 80-3-504 is enacted to read:
7225 80-3-504. Petition for substantiation -- Court findings -- Expedited hearing --
7226 Records of an appeal.
7227 (1) The division or an individual may file a petition for substantiation in accordance
7228 with Section 80-2-1004.
7229 (2) If the division decides to file a petition for substantiation under Section 80-2-1004,
7230 the division shall file the petition no more than 14 days after the day on which the division
7231 makes the decision.
7232 (3) At the conclusion of the hearing on a petition for substantiation, the juvenile court
7233 shall:
7234 (a) make a finding of substantiated, unsubstantiated, or without merit;
7235 (b) include the finding in a written order; and
7236 (c) deliver a certified copy of the order to the division.
7237 (4) If an individual whose name is listed on the Licensing Information System before
7238 May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an
7239 alleged perpetrator's application for clearance to work with children or vulnerable adults is
7240 pending, the juvenile court shall:
7241 (a) hear the matter on an expedited basis; and
7242 (b) enter a final decision no later than 60 days after the day on which the petition for
7243 substantiation is filed.
7244 (5) An appellate court shall make a record of an appeal from the juvenile court's
7245 decision under Subsection (3) available only to an individual with statutory authority to access
7246 the Licensing Information System for the purposes of licensing under Sections 26-39-402,
7247 62A-1-118, and 62A-2-120, or for the purposes described in Sections 26-8a-310, 62A-2-121,
7248 or Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access.
7249 Section 114. Section 80-4-105 is amended to read:
7250 80-4-105. Effect of decree.
7251 (1) An order for the termination of parental rights divests the child and the parents of
7252 all legal rights, powers, immunities, duties, and obligations with respect to each other, except
7253 the right of the child to inherit from the parent.
7254 (2) An order or decree entered under this chapter may not disentitle a child to any
7255 benefit due to the child from any third person, including any Indian tribe, agency, state, or the
7256 United States.
7257 (3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a
7258 parent's parental rights, the former parent:
7259 (a) is not entitled to any notice of proceedings for the adoption of the child; and
7260 (b) does not have any right to object to the adoption or to participate in any other
7261 placement proceedings.
7262 (4) An order [
7263 does not expire with termination of the jurisdiction of the juvenile court.
7264 Section 115. Section 80-4-106 is amended to read:
7265 80-4-106. Individuals entitled to be present at proceedings -- Legal representation
7266 -- Attorney general responsibilities.
7267 [
7268
7269 [
7270 [
7271 [
7272 [
7273
7274 [
7275 appointment of counsel for a parent or [
7276 party under this chapter or under Section 78B-6-112 for termination of parental rights.
7277 (b) If a parent or guardian is the subject of a petition for the termination of parental
7278 rights, the juvenile court shall:
7279 (i) appoint an indigent defense service provider for a parent or guardian determined to
7280 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
7281 Counsel; and
7282 (ii) order indigent defense services for the parent or [
7283 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
7284 Counsel.
7285 (c) In any action under this chapter, a guardian ad litem, as defined in Section
7286 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.
7287 [
7288
7289
7290 [
7291 in civil enforcement actions, the attorney general shall, in accordance with Section
7292 [
7293
7294 Protective Custody of a Child, relating to the termination of parental rights.
7295 (3) (a) The juvenile court shall admit any individual to a hearing unless the juvenile
7296 court makes a finding upon the record that the individual's presence at the hearing would:
7297 (i) be detrimental to the best interest of a child who is a party to the proceeding;
7298 (ii) impair the fact-finding process; or
7299 (iii) be otherwise contrary to the interests of justice.
7300 (b) The juvenile court may exclude an individual from a hearing under Subsection
7301 (3)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
7302 Section 116. Section 80-4-107 is amended to read:
7303 80-4-107. Record of proceedings -- Written reports and other materials --
7304 Statements of a child.
7305 (1) As used in this section, "record of a proceeding" means the same as that term is
7306 defined in Section 80-3-106.
7307 (2) A record of a proceeding under this chapter:
7308 (a) shall be taken in accordance with Section 80-3-106; and
7309 (b) may be requested for release as described in Section 80-3-106.
7310 (3) (a) For purposes of determining proper disposition of a child in hearings upon a
7311 petition for termination of parental rights, written reports and other material relating to the
7312 [
7313 (i) received in evidence; and
7314 (ii) considered by the court along with other evidence.
7315 (b) The court may require that an individual who wrote a report or prepared the
7316 material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.
7317 (4) For the purpose of establishing abuse, neglect, or dependency under this chapter,
7318 the juvenile court may, in the juvenile court's discretion, consider evidence of statements made
7319 by a child under eight years old to an individual in a trust relationship.
7320 Section 117. Section 80-4-305 is amended to read:
7321 80-4-305. Court disposition of a child upon termination of parental rights --
7322 Posttermination reunification.
7323 (1) As used in this section, "relative" means:
7324 (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great
7325 uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child;
7326 and
7327 (b) in the case of a child who is an Indian child, an extended family member as defined
7328 in 25 U.S.C. Sec. 1903.
7329 (2) Upon entry of an order under this chapter, the juvenile court may:
7330 (a) place the child in the legal custody and guardianship of a [
7331
7332 (b) make any other disposition of the child authorized under Section 80-3-405 .
7333 (3) Subject to the requirements of Subsections (4) and (5), all adoptable children
7334 placed in the custody of the division shall be placed for adoption.
7335 (4) If the parental rights of all parents of an adoptable child placed in the custody of the
7336 division have been terminated and a suitable adoptive placement is not already available, the
7337 juvenile court:
7338 (a) shall determine whether there is a relative who desires to adopt the child;
7339 (b) may order the division to conduct a reasonable search to determine whether there
7340 are relatives who are willing to adopt the child; and
7341 (c) shall, if a relative desires to adopt the child:
7342 (i) make a specific finding regarding the fitness of the relative to adopt the child; and
7343 (ii) place the child for adoption with that relative unless the juvenile court finds that
7344 adoption by the relative is not in the best interest of the child.
7345 (5) This section does not guarantee that a relative will be permitted to adopt the child.
7346 (6) A parent whose rights were terminated under this chapter, or a relative of the child,
7347 as defined by Section 80-3-102 , may petition for guardianship of the child if:
7348 (a) (i) following an adoptive placement, the child's adoptive parent returns the child to
7349 the custody of the division; or
7350 (ii) the child is in the custody of the division for one year following the day on which
7351 the parent's rights were terminated, and no permanent placement has been found or is likely to
7352 be found; and
7353 (b) reunification with the child's parent, or guardianship by the child's relative, is in the
7354 best interest of the child.
7355 Section 118. Section 80-4-501, which is renumbered from Section 62A-4a-801 is
7356 renumbered and amended to read:
7357
7358 [
7359 As used in this part:
7360 (1) "Hospital" means a general acute hospital, as that term is defined in Section
7361 26-21-2, that is:
7362 (a) equipped with an emergency room;
7363 (b) open 24 hours a day, seven days a week; and
7364 (c) employs full-time health care professionals who have emergency medical services
7365 training.
7366 (2) "Newborn child" means a child who is approximately 30 days [
7367 younger, as determined within a reasonable degree of medical certainty.
7368 Section 119. Section 80-4-502, which is renumbered from Section 62A-4a-802 is
7369 renumbered and amended to read:
7370 [
7371 Termination of parental rights -- Affirmative defense.
7372 (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
7373 hospital in accordance with [
7374 as the newborn child has not been subject to abuse or neglect.
7375 (b) Safe relinquishment of a newborn child who has not otherwise been subject to
7376 abuse or neglect shall not, in and of itself, constitute neglect, and the newborn child [
7377 not be considered a neglected child[
7378 relinquishment is carried out in substantial compliance with [
7379 (2) (a) Personnel employed by a hospital shall accept a newborn child who is
7380 relinquished [
7381 individual relinquishing is the newborn child's parent or the parent's designee.
7382 (b) The person receiving the newborn child may request information regarding the
7383 parent and newborn child's medical histories, and identifying information regarding the
7384 nonrelinquishing parent of the newborn child.
7385 (c) If the newborn child's parent or the parent's designee provides the person receiving
7386 the newborn child with any of the information described in Subsection (2)(b) or any other
7387 personal items, the person shall provide the information or personal items to the division.
7388 (d) Personnel employed by the hospital shall:
7389 (i) provide any necessary medical care to the newborn child;
7390 (ii) notify the division of receipt of the newborn child as soon as possible, but no later
7391 than 24 hours after receipt of the newborn child; and
7392 (iii) prepare a birth certificate or foundling birth certificate if parentage is unknown for
7393 the newborn child and file the certificate with the Office of Vital Records and Statistics within
7394 the Department of Health.
7395 (e) A hospital and personnel employed by a hospital are immune from any civil or
7396 criminal liability arising from accepting a newborn child if the personnel employed by the
7397 hospital substantially comply with the provisions of this part and medical treatment is
7398 administered according to standard medical practice.
7399 (3) The division shall assume care and protective custody of the newborn child
7400 immediately upon notice from the hospital.
7401 (4) So long as the division determines there is no abuse or neglect of the newborn
7402 child, neither the newborn child nor the child's parents are subject to:
7403 [
7404 [
7405 [
7406 Proceedings.
7407 (5) (a) Unless identifying information relating to the nonrelinquishing parent of the
7408 newborn child [
7409 (i) work with local law enforcement and the Bureau of Criminal Identification within
7410 the Department of Public Safety in an effort to ensure that the newborn child has not been
7411 identified as a missing child;
7412 (ii) immediately place or contract for placement of the newborn child in a potential
7413 adoptive home and, within 10 days after the day on which the child is received, file a petition
7414 for termination of parental rights in accordance with [
7415
7416 (iii) direct the Office of Vital Records and Statistics within the Department of Health to
7417 conduct a search for:
7418 (A) a birth certificate for the newborn child; and
7419 (B) unmarried biological fathers in the registry maintained by the Office of Vital
7420 Records and Statistics in accordance with Title 78B, Chapter 15, Part 4, Registry; and
7421 (iv) provide notice to each potential father identified on the registry described in
7422 Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
7423 (b) (i) If no individual has affirmatively identified himself or herself within two weeks
7424 after the day on which notice under Subsection (5)(a)(iv) is complete and established paternity
7425 by scientific testing within as expeditious a time frame as practicable, a hearing on the petition
7426 for termination of parental rights shall be scheduled and notice provided in accordance with
7427 [
7428 (ii) If a nonrelinquishing parent is not identified, relinquishment of a newborn child
7429 [
7430 of parental rights of both the relinquishing and nonrelinquishing parents under Section
7431 80-4-301.
7432 (6) If at any time [
7433 adopted, the juvenile court finds it is in the best interest of the newborn child, the court shall
7434 deny the petition for termination of parental rights.
7435 (7) The division shall provide for, or contract with a [
7436 provide for expeditious adoption of the newborn child.
7437 (8) So long as the individual relinquishing a newborn child is the newborn child's
7438 parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn child in
7439 substantial compliance with [
7440 potential criminal liability for abandonment or neglect relating to [
7441 Section 120. Section 80-5-601 is amended to read:
7442 80-5-601. Harboring a runaway -- Reporting requirements -- Division of Child
7443 and Family Services to provide assistance -- Affirmative defense -- Providing shelter after
7444 notice.
7445 (1) As used in this section, "harbor" means to provide shelter in:
7446 (a) the home of the person who is providing shelter; or
7447 (b) any structure over which the person providing the shelter has any control.
7448 (2) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if
7449 the person:
7450 (a) knowingly and intentionally harbors a child;
7451 (b) knows at the time of harboring the child that the child is a runaway;
7452 (c) fails to notify one of the following, by telephone or other reasonable means, of the
7453 location of the child:
7454 (i) the parent or guardian of the child;
7455 (ii) the division; or
7456 (iii) a youth services center; and
7457 (d) fails to notify a person described in Subsection (2)(c) within eight hours after the
7458 later of:
7459 (i) the time that the person becomes aware that the child is a runaway; or
7460 (ii) the time that the person begins harboring the child.
7461 (3) A person described in Subsection (2) is not guilty of a violation of Subsection (2)
7462 and is not required to comply with Subsections (2)(c) and (d), if:
7463 (a) (i) a court order is issued authorizing a peace officer to take the child into custody;
7464 and
7465 (ii) the person notifies a peace officer, or the nearest detention facility, by telephone or
7466 other reasonable means, of the location of the child, within eight hours after the later of:
7467 (A) the time that the person becomes aware that the child is a runaway; or
7468 (B) the time that the person begins harboring the child; or
7469 (b) (i) the child is a runaway who consents to shelter, care, or licensed services under
7470 Section 80-5-602; and
7471 (ii) (A) the person is unable to locate the child's parent or guardian; or
7472 (B) the child refuses to disclose the contact information for the child's parent or
7473 guardian.
7474 (4) A person described in Subsection (2) shall provide a report to the division:
7475 (a) if the person has an obligation under Section [
7476 abuse or neglect; or
7477 (b) if, within 48 hours after the person begins harboring the child:
7478 (i) the person continues to harbor the child; and
7479 (ii) the person does not make direct contact with:
7480 (A) a parent or [
7481 (B) the division;
7482 (C) a youth services center; or
7483 (D) a peace officer or the nearest detention facility if a court order is issued authorizing
7484 a peace officer to take the child into custody.
7485 (5) It is an affirmative defense to the crime described in Subsection (2) that:
7486 (a) the person failed to provide notice as described in Subsection (2) or (3) due to
7487 circumstances beyond the control of the person providing the shelter; and
7488 (b) the person provided the notice described in Subsection (2) or (3) as soon as it was
7489 reasonably practicable to provide the notice.
7490 (6) Upon receipt of a report that a runaway is being harbored by a person:
7491 (a) a youth services center shall:
7492 (i) notify the runaway's parent or guardian that a report has been made; and
7493 (ii) inform the runaway's parent or guardian of assistance available from the youth
7494 services center; or
7495 (b) the division shall:
7496 (i) make a referral to the Division of Child and Family Services to determine whether
7497 the runaway is abused, neglected, or dependent; and
7498 (ii) if appropriate, make a referral for services for the runaway.
7499 (7) (a) A parent or guardian of a runaway who is aware that the runaway is being
7500 harbored may notify a law enforcement agency and request assistance in retrieving the
7501 runaway.
7502 (b) The local law enforcement agency may assist the parent or guardian in retrieving
7503 the runaway.
7504 (8) Nothing in this section prohibits a person from continuing to provide shelter to a
7505 runaway, after giving the notice described in Subsections (2) through (4), if:
7506 (a) a parent or guardian of the runaway consents to the continued provision of shelter;
7507 or
7508 (b) a peace officer or a parent or guardian of the runaway fails to retrieve the runaway.
7509 (9) Nothing in this section prohibits a person from providing shelter to a child whose
7510 parent or guardian has intentionally:
7511 (a) ceased to maintain physical custody of the child; and
7512 (b) failed to make reasonable arrangements for the safety, care, and physical custody of
7513 the child.
7514 (10) Nothing in this section prohibits:
7515 (a) a juvenile receiving center or a youth services center from providing shelter to a
7516 runaway in accordance with the requirements of this chapter and the rules relating to a juvenile
7517 receiving center or a youth services center; or
7518 (b) a government agency from taking custody of a child as otherwise provided by law.
7519 Section 121. Section 80-6-707 is amended to read:
7520 80-6-707. Suspension of driving privileges.
7521 (1) This section applies to a minor who:
7522 (a) at the time that the minor is adjudicated under Section 80-6-701, is at least the age
7523 eligible for a driver license under Section 53-3-204; and
7524 (b) is found by the juvenile court to be in actual physical control of a motor vehicle
7525 during the commission of the offense for which the minor is adjudicated.
7526 (2) (a) Except as otherwise provided by this section, if a minor is adjudicated for a
7527 violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may:
7528 (i) suspend the minor's driving privileges; and
7529 (ii) take possession of the minor's driver license.
7530 (b) The juvenile court may order any other eligible disposition under Subsection (1),
7531 except for a disposition under Section 80-6-703 or 80-6-705.
7532 (c) If a juvenile court suspends a minor's driving privileges under Subsection (2)(a):
7533 (i) the juvenile court shall prepare and send the order to the Driver License Division of
7534 the Department of Public Safety; and
7535 (ii) the minor's license shall be suspended under Section 53-3-219.
7536 (3) The juvenile court may reduce a suspension period imposed under Section
7537 53-3-219 if:
7538 (a) (i) the violation is the minor's first violation of:
7539 (A) Section 32B-4-409;
7540 (B) Section 32B-4-410;
7541 (C) Section 58-37-8;
7542 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
7543 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
7544 (F) Subsection 76-9-701(1); and
7545 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
7546 (B) the minor demonstrates substantial progress in substance use disorder treatment; or
7547 (b) (i) the violation is the minor's second or subsequent violation of:
7548 (A) Section 32B-4-409;
7549 (B) Section 32B-4-410;
7550 (C) Section 58-37-8;
7551 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
7552 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
7553 (F) Subsection 76-9-701(1);
7554 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
7555 demonstrated substantial progress in substance use disorder treatment; and
7556 (iii) (A) the minor is 18 years old or older and provides a sworn statement to the
7557 juvenile court that the minor has not unlawfully consumed alcohol or drugs for at least a
7558 one-year consecutive period during the suspension period imposed under Section 53-3-219; or
7559 (B) the minor is under 18 years old and the minor's parent or [
7560 an affidavit or sworn statement to the juvenile court certifying that to the parent or guardian's
7561 knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year
7562 consecutive period during the suspension period imposed under Section 53-3-219.
7563 (4) (a) If a minor is adjudicated under Section 80-6-701 for a proof of age violation, as
7564 defined in Section 32B-4-411:
7565 (i) the juvenile court may forward a record of adjudication to the Department of Public
7566 Safety for a first or subsequent violation; and
7567 (ii) the minor's driving privileges will be suspended:
7568 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
7569 violation of Section 32B-4-411; or
7570 (B) for a period of two years for a second or subsequent conviction for a violation of
7571 Section 32B-4-411.
7572 (b) The juvenile court may reduce the suspension period imposed under Subsection
7573 (4)(a)(ii)(A) if:
7574 (i) the violation is the minor's first violation of Section 32B-4-411; and
7575 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
7576 (B) the minor demonstrates substantial progress in substance use disorder treatment.
7577 (c) The juvenile court may reduce the suspension period imposed under Subsection
7578 (4)(a)(ii)(B) if:
7579 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
7580 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
7581 demonstrated substantial progress in substance use disorder treatment; and
7582 (iii) (A) the minor is 18 years old or older and provides a sworn statement to the court
7583 that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive
7584 period during the suspension period imposed under Subsection (4)(a)(ii)(B); or
7585 (B) the minor is under 18 years old and has the minor's parent or guardian provide an
7586 affidavit or sworn statement to the court certifying that to the [
7587 knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year
7588 consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B).
7589 (5) When the Department of Public Safety receives the arrest or conviction record of a
7590 minor for a driving offense committed while the minor's license is suspended under this
7591 section, the Department of Public Safety shall extend the suspension for a like period of time.
7592 Section 122. Section 80-6-710 is amended to read:
7593 80-6-710. Restitution -- Requirements.
7594 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the
7595 minor to repair, replace, or otherwise make restitution for:
7596 (a) material loss caused by an offense listed in the petition; or
7597 (b) conduct for which the minor agrees to make restitution.
7598 (2) Within seven days after the day on which a petition is filed under this chapter, the
7599 prosecuting attorney or a juvenile probation officer shall provide notification of the restitution
7600 process to all reasonably identifiable and locatable victims of an offense listed in the petition.
7601 (3) A victim that receives notice under Subsection (2) is responsible for providing the
7602 [
7603 (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
7604 loss;
7605 (b) all documentation of any compensation or reimbursement from an insurance
7606 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
7607 (c) if available, the victim's proof of identification, including the victim's date of birth,
7608 social security number, or driver license number; and
7609 (d) the victim's contact information, including the victim's current home and work
7610 address and telephone number.
7611 (4) A prosecuting attorney or victim shall submit a request for restitution to the
7612 juvenile court:
7613 (a) if feasible, at the time of disposition; or
7614 (b) within 90 days after disposition.
7615 (5) The juvenile court shall order a financial disposition that prioritizes the payment of
7616 restitution.
7617 (6) To determine whether restitution, or the amount of restitution, is appropriate under
7618 Subsection (1), the juvenile court:
7619 (a) shall only order restitution for the victim's material loss;
7620 (b) may not order restitution if the juvenile court finds that the minor is unable to pay
7621 or acquire the means to pay;
7622 (c) shall credit any amount paid by the minor to the victim in a civil suit against
7623 restitution owed by the minor;
7624 (d) shall take into account the presumptive period of supervision for the minor's case
7625 under Section 80-6-712, or the presumptive period of commitment for secure care under
7626 Section 80-6-804 if the minor is ordered to secure care, in determining the minor's ability to
7627 satisfy the restitution order within that presumptive term; and
7628 (e) shall credit any amount paid to the victim in restitution against liability in a civil
7629 suit.
7630 (7) If the minor and the victim of the adjudicated offense agree to participate, the
7631 juvenile court may refer the minor's case to a restorative justice program, such as victim
7632 offender mediation, to address how loss resulting from the adjudicated offense may be
7633 addressed.
7634 (8) The juvenile court may require a minor to reimburse an individual, entity, or
7635 governmental agency who offered and paid a reward to a person for providing information
7636 resulting in an adjudication of a minor for the commission of an offense.
7637 (9) If a minor is returned to this state in accordance with [
7638 11, Interstate Compact for Juveniles, the juvenile court may order the minor to make restitution
7639 for costs expended by any governmental entity for the return of the minor.
7640 Section 123. Section 80-6-1002 is amended to read:
7641 80-6-1002. Vacatur of adjudications.
7642 (1) (a) An individual who has been adjudicated under this chapter may petition the
7643 juvenile court for vacatur of the individual's juvenile court records and any related records in
7644 the custody of an agency if the record relates to:
7645 (i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or
7646 (ii) an adjudication that was based on an offense that the petitioner engaged in while
7647 subject to force, fraud, or coercion, as defined in Section 76-5-308.
7648 (b) The petitioner shall include in the petition the relevant juvenile court incident
7649 number and any agencies known or alleged to have any documents related to the offense for
7650 which vacatur is being sought.
7651 (c) The petitioner shall include with the petition the original criminal history report
7652 obtained from the Bureau of Criminal Identification in accordance with the provisions of
7653 Section 53-10-108.
7654 (d) The petitioner shall send a copy of the petition to the county attorney or, if within a
7655 prosecution district, the district attorney.
7656 (2) (a) Upon the filing of a petition, the juvenile court shall:
7657 (i) set a date for a hearing;
7658 (ii) notify the county attorney or district attorney and the agency with custody of the
7659 records at least 30 days prior to the hearing of the pendency of the petition; and
7660 (iii) notify the county attorney or district attorney and the agency with records the
7661 petitioner is asking the juvenile court to vacate of the date of the hearing.
7662 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
7663 of a petition for vacatur.
7664 (ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
7665 hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
7666 is incapacitated or deceased, the victim's next of kin or authorized representative, submits a
7667 written and signed request for notice to the court in the judicial district in which the crime
7668 occurred or judgment was entered.
7669 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
7670 the petition.
7671 (3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
7672 and any other person who may have relevant information about the petitioner may testify.
7673 (b) (i) In deciding whether to grant a petition for vacatur, the juvenile court shall
7674 consider whether the petitioner acted subject to force, fraud, or coercion, as defined in Section
7675 76-5-308, at the time of the conduct giving rise to the adjudication.
7676 (ii) (A) If the juvenile court finds by a preponderance of the evidence that the petitioner
7677 was subject to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the
7678 conduct giving rise to the adjudication, the juvenile court shall grant vacatur.
7679 (B) If the court does not find sufficient evidence, the juvenile court shall deny vacatur.
7680 (iii) If the petition is for vacatur of any adjudication under Section 76-10-1302,
7681 76-10-1304, or 76-10-1313, the juvenile court shall presumptively grant vacatur unless the
7682 petitioner acted as a purchaser of any sexual activity.
7683 (c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
7684 records under the control of the juvenile court and any of the petitioner's records under the
7685 control of any other agency or official pertaining to the incident identified in the petition,
7686 including relevant related records contained in the Management Information System [
7687
7688
7689 (4) (a) The petitioner shall be responsible for service of the order of vacatur to all
7690 affected state, county, and local entities, agencies, and officials.
7691 (b) To avoid destruction or sealing of the records in whole or in part, the agency or
7692 entity receiving the vacatur order shall only vacate all references to the petitioner's name in the
7693 records pertaining to the relevant adjudicated juvenile court incident.
7694 (5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
7695 petition shall be considered never to have occurred and the petitioner may properly reply
7696 accordingly upon any inquiry in the matter.
7697 (b) Inspection of the records may thereafter only be permitted by the juvenile court
7698 upon petition by the individual who is the subject of the records, and only to persons named in
7699 the petition.
7700 (6) The juvenile court may not vacate a juvenile court record if the record contains an
7701 adjudication of:
7702 (a) Section 76-5-202, aggravated murder; or
7703 (b) Section 76-5-203, murder.
7704 Section 124. Section 80-6-1004 is amended to read:
7705 80-6-1004. Requirements to apply to expunge an adjudication.
7706 (1) (a) Except as provided in Subsection (4), an individual who has been adjudicated by
7707 a juvenile court may petition the juvenile court for an order to expunge the individual's juvenile
7708 court record and any related records in the custody of an agency if:
7709 (i) the individual has reached 18 years old; and
7710 (ii) at least one year has passed from the date of:
7711 (A) termination of the continuing jurisdiction of the juvenile court; or
7712 (B) the individual's unconditional release from the custody of the division if the
7713 individual was committed to secure care.
7714 (b) The juvenile court may waive the requirements in Subsection (1)(a) if the juvenile
7715 court finds, and states on the record, the reason why the waiver is appropriate.
7716 (c) The petitioner shall include in the petition described in Subsection (1)(a):
7717 (i) any agency known or alleged to have any records related to the offense for which
7718 expungement is being sought; and
7719 (ii) the original criminal history report obtained from the Bureau of Criminal
7720 Identification in accordance with Section 53-10-108.
7721 (d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the
7722 county attorney or, if within a prosecution district, the district attorney.
7723 (e) (i) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
7724 shall:
7725 (A) set a date for a hearing;
7726 (B) notify the county attorney or district attorney and the agency with custody of the
7727 records at least 30 days before the day on which the hearing of the pendency of the petition is
7728 scheduled; and
7729 (C) notify the county attorney or district attorney and the agency with records that the
7730 petitioner is asking the court to expunge of the date of the hearing.
7731 (ii) (A) The juvenile court shall provide a victim with the opportunity to request notice
7732 of a petition described in Subsection (1)(a).
7733 (B) Upon the victim's request under Subsection (1)(e)(ii)(A), the victim shall receive
7734 notice of the petition at least 30 days before the day on which the hearing is scheduled if,
7735 before the day on which an expungement order is made, the victim or, in the case of a child or
7736 an individual who is incapacitated or deceased, the victim's next of kin or authorized
7737 representative submits a written and signed request for notice to the juvenile court in the
7738 judicial district in which the offense occurred or judgment is entered.
7739 (C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition
7740 described in Subsection (1)(a) and any statutes and rules applicable to the petition.
7741 (2) (a) At the hearing described in Subsection (1)(e)(i), the county attorney or district
7742 attorney, a victim, and any other individual who may have relevant information about the
7743 petitioner may testify.
7744 (b) In deciding whether to grant a petition described in Subsection (1)(a) for
7745 expungement, the juvenile court shall consider whether the rehabilitation of the petitioner has
7746 been attained to the satisfaction of the juvenile court, including the petitioner's response to
7747 programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature
7748 and seriousness of the conduct.
7749 (c) (i) Except as provided in Subsection (2)(c)(ii), a juvenile court may order expunged
7750 all of the petitioner's records under the control of the juvenile court and an agency or an official
7751 if the juvenile court finds that:
7752 (A) the petitioner has not, in the five years preceding the day on which the petition
7753 described in Subsection (1)(a) is filed, been convicted of a violent felony;
7754 (B) there are no delinquency or criminal proceedings pending against the petitioner;
7755 and
7756 (C) a judgment for restitution entered by the juvenile court on the adjudication for
7757 which the expungement is sought has been satisfied.
7758 (ii) A court may not order the Division of Child and Family Services to seal a
7759 petitioner's record that is contained in the Management Information System [
7760
7761 (A) the record is unsupported; or
7762 (B) after notice and an opportunity to be heard, the Division of Child and Family
7763 Services stipulates in writing to sealing the record.
7764 (3) (a) The petitioner is responsible for service of the expungement order issued under
7765 Subsection (2) to any affected agency or official.
7766 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
7767 official receiving the expungement order described in Subsection (3)(a) shall only expunge all
7768 references to the petitioner's name in the records pertaining to the petitioner's juvenile court
7769 record.
7770 (4) (a) The juvenile court may not expunge a record if the record contains an
7771 adjudication of:
7772 (i) Section 76-5-202, aggravated murder; or
7773 (ii) Section 76-5-203, murder.
7774 (b) This section does not apply to an adjudication under [
7775
7776
7777 Termination and Restoration of Parental Rights.
7778 Section 125. Section 80-6-1101, which is renumbered from Section 55-12-100 is
7779 renumbered and amended to read:
7780
7781 [
7782 compact.
7783 (1) This [
7784 (2) The governor is authorized and directed to execute a compact on behalf of this state
7785 with any other state or states substantially in the form of this [
7786 Section 126. Section 80-6-1102, which is renumbered from Section 55-12-101 is
7787 renumbered and amended to read:
7788 [
7789 (1) The compacting states to this Interstate Compact recognize that each state is
7790 responsible for the proper supervision or return of juveniles, delinquents, and status offenders
7791 who are on probation or parole and who have absconded, escaped, or run away from
7792 supervision and control and in so doing have endangered their own safety and the safety of
7793 others.
7794 (2) The compacting states also recognize that each state is responsible for the safe
7795 return of juveniles who have run away from home and in doing so have left their state of
7796 residence.
7797 (3) The compacting states also recognize that Congress, by enacting the Crime Control
7798 Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative
7799 efforts and mutual assistance in the prevention of crime.
7800 (4) It is the purpose of this compact, through means of joint and cooperative action
7801 among the compacting states to:
7802 (a) ensure that the adjudicated juveniles and status offenders subject to this compact
7803 are provided adequate supervision and services in the receiving state as ordered by the
7804 adjudicating judge or parole authority in the sending state;
7805 (b) ensure that the public safety interests of the citizens, including the victims of
7806 juvenile offenders, in both the sending and receiving states are adequately protected;
7807 (c) return juveniles who have run away, absconded, or escaped from supervision or
7808 control or have been accused of an offense to the state requesting their return;
7809 (d) make contracts for the cooperative institutionalization in public facilities in
7810 member states for delinquent youth needing special services;
7811 (e) provide for the effective tracking and supervision of juveniles;
7812 (f) equitably allocate the costs, benefits, and obligations of the compacting states;
7813 (g) establish procedures to manage the movement between states of juvenile offenders
7814 released to the community under the jurisdiction of courts, juvenile departments, or any other
7815 criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
7816 (h) [
7817 authorized to travel or to relocate across state lines;
7818 (i) establish procedures to resolve pending charges (detainers) against juvenile
7819 offenders prior to transfer or release to the community under the terms of this compact;
7820 (j) establish a system of uniform data collection on information pertaining to juveniles
7821 subject to this compact that allows access by authorized juvenile justice and criminal justice
7822 officials, and regular reporting of compact activities to heads of state executive, judicial, and
7823 legislative branches and juvenile and criminal justice administrators;
7824 (k) monitor compliance with rules governing interstate movement of juveniles and
7825 initiate interventions to address and correct noncompliance;
7826 (l) coordinate training and education regarding the regulation of interstate movement of
7827 juveniles for officials involved in such activity; and
7828 (m) coordinate the implementation and operation of the compact with the Interstate
7829 Compact for the Placement of Children, the Interstate Compact for Adult Offender
7830 Supervision, and other compacts affecting juveniles particularly in those cases where
7831 concurrent or overlapping supervision issues arise.
7832 (5) It is the policy of the compacting states that the activities conducted by the
7833 Interstate Commission created herein are the formation of public policies and, therefore, are
7834 public business. Furthermore, the compacting states shall cooperate and observe their
7835 individual and collective duties and responsibilities for the prompt return and acceptance of
7836 juveniles subject to the provisions of this compact.
7837 (6) The provisions of this compact shall be reasonably and liberally construed to
7838 accomplish the purposes and policies of the compact.
7839 Section 127. Section 80-6-1103, which is renumbered from Section 55-12-102 is
7840 renumbered and amended to read:
7841 [
7842 (1) As used in this compact, unless the context clearly requires a different construction:
7843 [
7844 its governance, or for directing or controlling its actions or conduct.
7845 [
7846 appointed pursuant to the terms of this compact, responsible for the administration and
7847 management of the state's supervision and transfer of juveniles subject to the terms of this
7848 compact, the rules adopted by the Interstate Commission, and policies adopted by the State
7849 Council under this compact.
7850 [
7851 legislation for this compact.
7852 [
7853 appointed pursuant to Section [
7854 [
7855 dependent children.
7856 [
7857 compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms
7858 of this compact responsible for the administration and management of the state's supervision
7859 and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
7860 Commission, and policies adopted by the State Council under this compact.
7861 [
7862 for Juveniles created by Section [
7863 [
7864 the rules of the Interstate Commission, including:
7865 [
7866 committed by an adult, would be a criminal offense;
7867 [
7868 would not be a criminal offense if committed by an adult;
7869 [
7870 offense that, if committed by an adult, would be a criminal offense;
7871 [
7872 offense that would not be a criminal offense if committed by an adult; and
7873 [
7874 accused or adjudicated a status offender or delinquent.
7875 [
7876 legislation for this compact.
7877 [
7878 juveniles authorized under the laws of the compacting states.
7879 [
7880 pursuant to Section [
7881 interprets, or prescribes a policy or provision of the compact, or an organizational, procedural,
7882 or practice requirement of the Commission, and has the force and effect of statutory law in a
7883 compacting state, and includes the amendment, repeal, or suspension of an existing rule.
7884 [
7885 Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
7886 Northern Marianas Islands.
7887 (2) The definitions in Section 80-1-102 do not apply to this compact.
7888 Section 128. Section 80-6-1104, which is renumbered from Section 55-12-103 is
7889 renumbered and amended to read:
7890 [
7891 (1) The compacting states hereby create the "Interstate Commission for Juveniles."
7892 (2) The commission shall be a body corporate and joint agency of the compacting
7893 states.
7894 (3) The commission shall have all the responsibilities, powers, and duties set forth
7895 herein, and such additional powers as may be conferred upon it by subsequent action of the
7896 respective legislatures of the compacting states in accordance with the terms of this compact.
7897 (4) The commission shall consist of commissioners appointed by the appropriate
7898 appointing authority in each state pursuant to the rules and requirements of each compacting
7899 state and in consultation with the State Council for Interstate Juvenile Supervision created
7900 hereunder.
7901 (5) The commissioner shall be the compact administrator, deputy compact
7902 administrator, or designee from that state who shall serve on the commission in such capacity
7903 under or pursuant to the applicable law of the compacting state.
7904 (6) In addition to the commissioners who are the voting representatives of each state,
7905 the commission shall include individuals who are not commissioners, but who are members of
7906 interested organizations. Noncommissioner members shall include a member of the national
7907 organizations of governors, legislators, state chief justices, attorneys general, Interstate
7908 Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children,
7909 juvenile justice and juvenile corrections officials, and crime victims.
7910 (7) All noncommissioner members of the commission shall be ex officio, nonvoting
7911 members. The commission may provide in its by-laws for additional ex officio, nonvoting
7912 members, including members of other national organizations, in numbers to be determined by
7913 the commission.
7914 (8) Each compacting state represented at any meeting of the commission is entitled to
7915 one vote. A majority of the compacting states shall constitute a quorum for the transaction of
7916 business, unless a larger quorum is required by the by-laws of the commission.
7917 (9) The commission shall meet at least once each calendar year. The chairperson may
7918 call additional meetings and, upon the request of a simple majority of the compacting states,
7919 shall call additional meetings. Public notice shall be given of all meetings and meetings shall
7920 be open to the public.
7921 (10) The commission shall establish an executive committee, which shall include
7922 commission officers, members, and others as determined by the by-laws. The executive
7923 committee shall:
7924 (a) have the power to act on behalf of the commission during periods when the
7925 commission is not in session, with the exception of rulemaking or amendment to the compact;
7926 (b) oversee the day-to-day activities of the administration of the compact managed by
7927 an executive director and commission staff, which administers enforcement and compliance
7928 with the provisions of the compact, its by-laws, and rules; and
7929 (c) perform other duties as directed by the commission or set forth in the by-laws.
7930 (11) Each member of the commission shall have the right and power to cast a vote to
7931 which that compacting state is entitled and to participate in the business and affairs of the
7932 commission. A member shall vote in person and may not delegate a vote to another
7933 compacting state. However, a commissioner, in consultation with the state council, shall
7934 appoint another authorized representative, in the absence of the commissioner from that state,
7935 to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may
7936 provide for members' participation in meetings by telephone or other means of
7937 telecommunication or electronic communication.
7938 (12) The commission's by-laws shall establish conditions and procedures under which
7939 the commission shall make its information and official records available to the public for
7940 inspection or copying. The commission may exempt from disclosure any information or
7941 official records to the extent they would adversely affect personal privacy rights or proprietary
7942 interests.
7943 (13) Public notice shall be given of all meetings and all meetings shall be open to the
7944 public, except as set forth in the rules or as otherwise provided in the compact. The
7945 commission and any of its committees may close a meeting to the public where it determines
7946 by two-thirds vote that an open meeting would be likely to:
7947 (a) relate solely to the commission's internal personnel practices and procedures;
7948 (b) disclose matters specifically exempted from disclosure by statute;
7949 (c) disclose trade secrets or commercial or financial information which is privileged or
7950 confidential;
7951 (d) involve accusing any person of a crime, or formally censuring any person;
7952 (e) disclose information of a personal nature where disclosure would constitute a
7953 clearly unwarranted invasion of personal privacy;
7954 (f) disclose investigative records compiled for law enforcement purposes;
7955 (g) disclose information contained in or related to examination, operating, or condition
7956 reports prepared by, or on behalf of or for the use of, the commission with respect to a
7957 regulated person or entity for the purpose of regulation or supervision of such person or entity;
7958 (h) disclose information, the premature disclosure of which would significantly
7959 endanger the stability of a regulated person or entity; or
7960 (i) specifically relate to the commission's issuance of a subpoena, or its participation in
7961 a civil action or other legal proceeding.
7962 (14) For every meeting closed pursuant to this provision, the commission's legal
7963 counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to
7964 the public, and shall reference each relevant exemptive provision. The commission shall keep
7965 minutes which shall fully and clearly describe all matters discussed in any meeting and shall
7966 provide a full and accurate summary of any actions taken, and the reasons therefor, including a
7967 description of each of the views expressed on any item and the record of any roll call vote,
7968 reflected in the vote of each member on the question. All documents considered in connection
7969 with any action shall be identified in the minutes.
7970 (15) The commission shall collect standardized data concerning the interstate
7971 movement of juveniles as directed through its rules which shall specify the data to be collected,
7972 the means of collection, and data exchange and reporting requirements. Methods of data
7973 collection, exchange, and reporting shall insofar as is reasonably possible conform to
7974 up-to-date technology and coordinate its information functions with the appropriate repository
7975 of records.
7976 Section 129. Section 80-6-1105, which is renumbered from Section 55-12-104 is
7977 renumbered and amended to read:
7978 [
7979 Commission.
7980 The commission shall have the following powers and duties:
7981 (1) provide for dispute resolution among compacting states;
7982 (2) promulgate rules to effect the purposes and obligations as enumerated in this
7983 compact, which shall have the force and effect of statutory law and shall be binding in the
7984 compacting states to the extent and in the manner provided in this compact;
7985 (3) oversee, supervise, and coordinate the interstate movement of juveniles subject to
7986 the terms of this compact and any by-laws adopted and rules promulgated by the commission;
7987 (4) enforce compliance with the compact provisions, the rules promulgated by the
7988 commission, and the by-laws, using all necessary and proper means, including, but not limited
7989 to, the use of judicial process;
7990 (5) establish and maintain offices which shall be located within one or more of the
7991 compacting states;
7992 (6) purchase and maintain insurance and bonds;
7993 (7) borrow, accept, hire, or contract for services of personnel;
7994 (8) establish and appoint committees and hire staff which it considers necessary for the
7995 carrying out of its functions including, but not limited to, an executive committee as required
7996 by Section [
7997 commission in carrying out its powers and duties hereunder;
7998 (9) elect or appoint any officers, attorneys, employees, agents, or consultants, fix their
7999 compensation, define their duties, and determine their qualifications;
8000 (10) establish the commission's personnel policies and programs relating to, inter alia,
8001 conflicts of interest, rates of compensation, and qualifications of personnel;
8002 (11) accept any and all donations and grants of money, equipment, supplies, materials,
8003 and services, and to receive, utilize, and dispose of them;
8004 (12) lease, purchase, accept contributions or donations of, or otherwise to own, hold,
8005 improve or use any property, real, personal, or mixed;
8006 (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
8007 any property, real, personal, or mixed;
8008 (14) establish a budget and make expenditures and levy dues as provided in Section
8009 [
8010 (15) sue and be sued;
8011 (16) adopt a seal and by-laws governing the management and operation of the
8012 commission;
8013 (17) perform any functions necessary or appropriate to achieve the purposes of this
8014 compact;
8015 (18) report annually to the legislatures, governors, judiciary, and state councils of the
8016 compacting states concerning the activities of the commission during the preceding year,
8017 including any recommendations that may have been adopted by the commission;
8018 (19) coordinate education, training, and public awareness regarding the interstate
8019 movement of juveniles for officials involved in the activity;
8020 (20) establish uniform standards for the reporting, collecting, and exchanging of data;
8021 and
8022 (21) maintain its corporate books and records in accordance with the by-laws.
8023 Section 130. Section 80-6-1106, which is renumbered from Section 55-12-105 is
8024 renumbered and amended to read:
8025 [
8026 Interstate Commission.
8027 (1) Section A. By-laws
8028 The Interstate Commission shall, by a majority of the members present and voting,
8029 within 12 months after the first commission meeting, adopt by-laws to govern its conduct as
8030 may be necessary or appropriate to carry out the purposes of the compact, including, but not
8031 limited to:
8032 (a) establishing the fiscal year of the commission;
8033 (b) establishing an executive committee and any other committees as necessary;
8034 (c) providing for the establishment of committees governing any general or specific
8035 delegation of any authority or function of the commission;
8036 (d) providing reasonable procedures for calling and conducting meetings of the
8037 commission, and ensuring reasonable notice of each meeting;
8038 (e) establishing the titles and responsibilities of the officers of the commission;
8039 (f) providing a mechanism for concluding the operations of the commission and the
8040 return of any surplus funds that may exist upon the termination of the compact after the
8041 payment and reserving of all of its debts and obligations;
8042 (g) providing "start-up" rules for initial administration of the compact; and
8043 (h) establishing standards and procedures for compliance and technical assistance in
8044 carrying out the compact.
8045 (2) Section B. Officers and Staff
8046 (a) The Interstate Commission shall, by a majority of the members, elect annually from
8047 among its members a chairperson and a vice chairperson, each of whom shall have the
8048 authority and duties specified in the by-laws. The chairperson or, in the chairperson's absence
8049 or disability, the vice chairperson shall preside at all meetings of the commission.
8050 (b) The officers shall serve without compensation or remuneration from the
8051 commission, provided that, subject to the availability of budgeted funds, the officers shall be
8052 reimbursed for any ordinary and necessary costs and expenses incurred by them in the
8053 performance of their duties and responsibilities as officers of the commission.
8054 (c) The commission shall, through its executive committee, appoint or retain an
8055 executive director for any time period, upon any terms and conditions, and for any
8056 compensation as the commission may consider appropriate. The executive director shall serve
8057 as secretary to the commission, but may not be a member and shall hire and supervise other
8058 staff as authorized by the commission.
8059 (3) Section C. Qualified Immunity, Defense, and Indemnification
8060 (a) The Interstate Commission's executive director and employees shall be immune
8061 from suit and liability, either personally or in their official capacity, for any claim for damage
8062 to or loss of property or personal injury or other civil liability caused or arising out of or
8063 relating to any actual or alleged act, error, or omission that occurred, or that the person had a
8064 reasonable basis for believing occurred within the scope of commission employment, duties, or
8065 responsibilities; provided, that a person may not be protected from suit or liability for any
8066 damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
8067 the person.
8068 (b) The liability of any commissioner, or the employee or agent of a commissioner,
8069 acting within the scope of the person's employment or duties for acts, errors, or omissions
8070 occurring within the person's state may not exceed the limits of liability set forth under the
8071 constitution and laws of that state for state officials, employees, and agents. Nothing in this
8072 Subsection (3) shall be construed to protect any person from suit or liability for any damage,
8073 loss, injury, or liability caused by the intentional or willful and wanton misconduct of the
8074 person.
8075 (c) The commission shall defend the executive director or the employees or
8076 representatives of the commission and, subject to the approval of the attorney general of the
8077 state represented by any commissioner of a compacting state, shall defend the commissioner or
8078 the commissioner's representatives or employees in any civil action seeking to impose liability
8079 arising out of any actual or alleged act, error, or omission that occurred within the scope of
8080 commission employment, duties, or responsibilities, or that the defendant had a reasonable
8081 basis for believing occurred within the scope of commission employment, duties, or
8082 responsibilities, provided that the actual or alleged act, error, or omission did not result from
8083 intentional or willful and wanton misconduct on the part of the person.
8084 (d) The commission shall indemnify and hold the commissioner of a compacting state,
8085 the commissioner's representatives or employees, or the commission's representatives or
8086 employees harmless in the amount of any settlement or judgment obtained against the persons
8087 arising out of any actual or alleged act, error, or omission that occurred within the scope of
8088 commission employment, duties, or responsibilities, or that the persons had a reasonable basis
8089 for believing occurred within the scope of commission employment, duties, or responsibilities,
8090 provided that the actual or alleged act, error, or omission did not result from intentional or
8091 willful and wanton misconduct on the part of the persons.
8092 Section 131. Section 80-6-1107, which is renumbered from Section 55-12-106 is
8093 renumbered and amended to read:
8094 [
8095 Interstate Commission.
8096 (1) The Interstate Commission shall promulgate and publish rules in order to
8097 effectively and efficiently achieve the purposes of the compact.
8098 (2) Rulemaking shall occur pursuant to the criteria set forth in this section and the
8099 by-laws and rules adopted pursuant thereto. Rulemaking shall substantially conform to the
8100 principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
8101 Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the commission
8102 considers appropriate, consistent with due process requirements under the [
8103 Constitution as interpreted by the [
8104 amendments shall become binding as of the date specified, as published with the final version
8105 of the rule as approved by the commission.
8106 (3) When promulgating a rule, the commission shall, at a minimum:
8107 (a) publish the proposed rule's entire text stating the reasons for that proposed rule;
8108 (b) allow and invite any and all persons to submit written data, facts, opinions, and
8109 arguments, which information shall be added to the record, and be made publicly available;
8110 (c) provide an opportunity for an informal hearing if petitioned by ten or more persons;
8111 and
8112 (d) promulgate a final rule and its effective date, if appropriate, based on input from
8113 state or local officials, or interested parties.
8114 (4) Not later than 60 days after a rule is promulgated, the commission shall allow any
8115 interested person to file a petition in the United States District Court for the District of
8116 Columbia or in the Federal District Court where the commission's principal office is located for
8117 judicial review of the rule. If the court finds that the commission's action is not supported by
8118 substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it
8119 aside. For purposes of this Subsection (4), evidence is substantial if it would be considered
8120 substantial evidence under the Model State Administrative Procedures Act.
8121 (5) If a majority of the legislatures of the compacting states reject a rule, those states
8122 may, by enactment of a statute or resolution in the same manner used to adopt the compact,
8123 state that the rule shall have no further force and effect in any compacting state.
8124 (6) The existing rules governing the operation of the Interstate Compact on Juveniles
8125 superceded by this act shall be null and void 12 months after the first meeting of the Interstate
8126 Commission created in this [
8127 (7) Upon determination by the Interstate Commission that a state of emergency exists,
8128 it may promulgate an emergency rule which shall become effective immediately upon
8129 adoption, provided that the usual rulemaking procedures shall be retroactively applied to the
8130 rule as soon as reasonably possible, but no later than 90 days after the effective date of the
8131 emergency rule.
8132 Section 132. Section 80-6-1108, which is renumbered from Section 55-12-107 is
8133 renumbered and amended to read:
8134 [
8135 resolution by the Interstate Commission.
8136 (1) Section A. Oversight
8137 (a) The Interstate Commission shall oversee the administration and operations of the
8138 interstate movement of juveniles subject to this compact in the compacting states and shall
8139 monitor activities being administered in noncompacting states which may significantly affect
8140 compacting states.
8141 (b) The courts and executive agencies in each compacting state shall enforce this
8142 compact and take all actions necessary and appropriate to effectuate the compact's purposes
8143 and intent. The provisions of this compact and the rules promulgated hereunder shall be
8144 received by all the judges, public officers, commissions, and departments of the state
8145 government as evidence of the authorized statute and administrative rules. All courts shall take
8146 judicial notice of the compact and the rules. In any judicial or administrative proceeding in a
8147 compacting state pertaining to the subject matter of this compact which may affect the powers,
8148 responsibilities, or actions of the commission, it shall be entitled to receive all service of
8149 process in any proceeding, and shall have standing to intervene in the proceeding for all
8150 purposes.
8151 (2) Section B. Dispute Resolution
8152 (a) The compacting states shall report to the Interstate Commission on all issues and
8153 activities necessary for the administration of the compact as well as issues and activities
8154 pertaining to compliance with the provisions of the compact and its by-laws and rules.
8155 (b) The Interstate Commission shall attempt, upon the request of a compacting state, to
8156 resolve any disputes or other issues which are subject to the compact and which may arise
8157 among compacting states and between compacting and noncompacting states. The commission
8158 shall promulgate a rule providing for both mediation and binding dispute resolution for
8159 disputes among the compacting states.
8160 (c) The commission, in the reasonable exercise of its discretion, shall enforce the
8161 provisions and rules of this compact using any or all means set forth in Section [
8162 80-6-1110.
8163 Section 133. Section 80-6-1109, which is renumbered from Section 55-12-108 is
8164 renumbered and amended to read:
8165 [
8166 (1) The Interstate Commission shall pay or provide for the payment of the reasonable
8167 expenses of its establishment, organization, and ongoing activities.
8168 (2) The commission shall levy on and collect an annual assessment from each
8169 compacting state to cover the cost of the internal operations and activities of the commission
8170 and its staff which shall be in a total amount sufficient to cover the commission's annual budget
8171 as approved each year. The aggregate annual assessment amount shall be allocated based upon
8172 a formula to be determined by the commission, taking into consideration the population of each
8173 compacting state and the volume of interstate movement of juveniles in each compacting state.
8174 The commission shall promulgate a rule binding upon all compacting states which governs the
8175 assessment.
8176 (3) The commission may not incur any obligations of any kind prior to securing the
8177 funds adequate to meet the obligations, nor shall the commission pledge the credit of any of the
8178 compacting states, except by and with the authority of the compacting state.
8179 (4) The commission shall keep accurate accounts of all receipts and disbursements.
8180 The receipts and disbursements of the commission shall be subject to the audit and accounting
8181 procedures established under its by-laws. All receipts and disbursements of funds handled by
8182 the commission shall be audited yearly by a certified or licensed public accountant and the
8183 report of the audit shall be included in and become part of the annual report of the commission.
8184 Section 134. Section 80-6-1110, which is renumbered from Section 55-12-109 is
8185 renumbered and amended to read:
8186 [
8187 (1) Each member state shall create a State Council for Interstate Juvenile Supervision.
8188 (2) While each state may determine the membership of its own state council, its
8189 membership shall include at least one representative from the legislative, judicial, and
8190 executive branches of government, victims groups, and the compact administrator, deputy
8191 compact administrator, or designee.
8192 (3) Each compacting state retains the right to determine the qualifications of the
8193 compact administrator or deputy compact administrator.
8194 (4) Each state council shall advise and may exercise oversight and advocacy
8195 concerning that state's participation in commission activities and other duties determined by
8196 that state, including but not limited to, development of policy concerning operations and
8197 procedures of the compact within that state.
8198 Section 135. Section 80-6-1111, which is renumbered from Section 55-12-110 is
8199 renumbered and amended to read:
8200 [
8201 and amendment.
8202 (1) Any state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
8203 Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in
8204 Section 55-12-102 is eligible to become a compacting state.
8205 (2) The compact shall become effective and binding upon legislative enactment of the
8206 compact into law by no less than 35 states. The initial effective date shall be the later of July 1,
8207 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective
8208 and binding as to any other compacting state upon enactment of the compact into law by that
8209 state.
8210 (3) The governors of nonmember states or their designees shall be invited to participate
8211 in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the
8212 compact by all states and territories of the United States.
8213 (4) The commission may propose amendments to the compact for enactment by the
8214 compacting states. No amendment shall become effective and binding upon the commission
8215 and the compacting states unless and until it is enacted into law by unanimous consent of the
8216 compacting states.
8217 Section 136. Section 80-6-1112, which is renumbered from Section 55-12-111 is
8218 renumbered and amended to read:
8219 [
8220 and judicial enforcement.
8221 (1) Section A. Withdrawal
8222 (a) Once effective, the compact shall continue in force and remain binding upon each
8223 and every compacting state.
8224 (b) A compacting state may withdraw from the compact by specifically repealing the
8225 statute which enacted the compact into law. The effective date of withdrawal is the effective
8226 date of the repeal.
8227 (c) The withdrawing state shall immediately notify the chairperson of the Interstate
8228 Commission in writing upon the introduction of legislation repealing the compact in the
8229 withdrawing state. The commission shall notify the other compacting states of the
8230 withdrawing state's intent to withdraw within 60 days of its receipt thereof.
8231 (d) The withdrawing state is responsible for all assessments, obligations, and liabilities
8232 incurred through the effective date of withdrawal, including any obligations, the performance
8233 of which extend beyond the effective date of withdrawal.
8234 (e) Reinstatement following withdrawal of any compacting state shall occur upon the
8235 withdrawing state reenacting the compact or upon a later date as determined by the
8236 commission.
8237 (2) Section B. Technical Assistance, Fines, Suspension, Termination, and Default
8238 (a) If the Interstate Commission determines that any compacting state has at any time
8239 defaulted in the performance of any of its obligations or responsibilities under this compact, or
8240 the by-laws or duly promulgated rules, the commission may impose any or all of the following
8241 penalties:
8242 (i) remedial training and technical assistance as directed by the commission;
8243 (ii) alternative dispute resolution;
8244 (iii) fines, fees, and costs in amounts considered to be reasonable as fixed by the
8245 commission; and
8246 (iv) suspension or termination of membership in the compact.
8247 (b) Suspension or termination of membership in the compact shall be imposed only
8248 after all other reasonable means of securing compliance under the by-laws and rules have been
8249 exhausted and the commission has determined that the offending state is in default.
8250 (c) Immediate notice of suspension shall be given by the commission to the governor,
8251 the chief justice, or the chief judicial officer of the state, the majority and minority leaders of
8252 the defaulting state's legislature, and the state council.
8253 (d) The grounds for default include, but are not limited to, failure of a compacting state
8254 to perform obligations or responsibilities imposed upon it by this compact, the by-laws, or duly
8255 promulgated rules, and any other grounds designated in commission by-laws and rules.
8256 (i) The commission shall immediately notify the defaulting state in writing of the
8257 penalty imposed by the commission and of the default pending a cure of the default.
8258 (ii) The commission shall stipulate the conditions and the time period within which the
8259 defaulting state must cure its default.
8260 (e) If the defaulting state fails to cure the default within the time period specified by the
8261 commission, the defaulting state shall be terminated from the compact upon an affirmative vote
8262 of a majority of the compacting states and all rights, privileges, and benefits conferred by this
8263 compact shall be terminated upon the effective date of termination.
8264 (f) Within 60 days of the effective date of termination of a defaulting state, the
8265 commission shall notify the governor, the chief justice or chief judicial officer, the majority and
8266 minority leaders of the defaulting state's legislature, and the state council of the termination.
8267 (g) The defaulting state is responsible for all assessments, obligations, and liabilities
8268 incurred through the effective date of termination including any obligations, the performance of
8269 which extends beyond the effective date of termination.
8270 (h) The commission may not bear any costs relating to the defaulting state unless
8271 otherwise mutually agreed upon in writing between the commission and the defaulting state.
8272 (i) Reinstatement following termination of any compacting state requires both a
8273 reenactment of the compact by the defaulting state and the approval of the commission
8274 pursuant to the rules.
8275 (3) Section C. Judicial Enforcement
8276 (a) The Interstate Commission may, by majority vote of the members, initiate legal
8277 action in the United States District Court for the District of Columbia or, at the discretion of
8278 the Interstate Commission, in the federal district where the Interstate Commission has its
8279 offices, to enforce compliance with the provisions of the compact, its duly promulgated rules
8280 and by-laws, against any compacting state in default.
8281 (b) In the event judicial enforcement is necessary, the prevailing party shall be awarded
8282 all costs of litigation, including reasonable attorneys' fees.
8283 (4) Section D. Dissolution of Compact
8284 (a) The compact dissolves effective upon the date of the withdrawal or default of a
8285 compacting state, which reduces membership in the compact to one compacting state.
8286 (b) Upon the dissolution of this compact, the compact becomes null and void and shall
8287 be of no further force or effect, the business and affairs of the Interstate Commission shall be
8288 concluded, and any surplus funds shall be distributed in accordance with the by-laws.
8289 Section 137. Section 80-6-1113, which is renumbered from Section 55-12-112 is
8290 renumbered and amended to read:
8291 [
8292 (1) The provisions of this compact shall be severable, and if any phrase, clause,
8293 sentence, or provision is considered unenforceable, the remaining provisions of the compact
8294 shall be enforceable.
8295 (2) The provisions of this compact shall be liberally construed to effectuate its
8296 purposes.
8297 Section 138. Section 80-6-1114, which is renumbered from Section 55-12-113 is
8298 renumbered and amended to read:
8299 [
8300 laws.
8301 (1) Section A. Other Laws
8302 (a) Nothing herein prevents the enforcement of any other law of a compacting state that
8303 is not inconsistent with this compact.
8304 (b) All compacting states' laws other than state constitutions and other interstate
8305 compacts conflicting with this compact are superseded to the extent of the conflict.
8306 (2) Section B. Binding Effect of the Compact
8307 (a) All lawful actions of the commission, including all rules and by-laws promulgated
8308 by the commission, are binding upon the compacting states.
8309 (b) All agreements between the commission and the compacting states are binding in
8310 accordance with their terms.
8311 (c) Upon the request of a party to a conflict over meaning or interpretation of
8312 commission actions, and upon a majority vote of the compacting states, the commission may
8313 issue advisory opinions regarding the meaning or interpretation.
8314 (d) In the event any provision of this compact exceeds the constitutional limits imposed
8315 on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
8316 sought to be conferred by the provision upon the commission shall be ineffective and the
8317 obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be
8318 exercised by the agency thereof to which the obligations, duties, powers, or jurisdiction are
8319 delegated by law in effect at the time this compact becomes effective.
8320 Section 139. Section 80-6-1115, which is renumbered from Section 55-12-114 is
8321 renumbered and amended to read:
8322 [
8323 (1) [
8324 designate a compact administrator and who, acting jointly with like administrators of other
8325 party states, shall promulgate rules and regulations to carry out more effectively the terms of
8326 the compact. The compact administrator shall serve subject to the pleasure of the governor.
8327 (2) The compact administrator is authorized, empowered and directed to cooperate
8328 with all departments, agencies and officers of and in the government of this state and [
8329 state's subdivisions in facilitating the proper administration of the compact or of any
8330 supplementary agreement or agreements entered into by this state.
8331 Section 140. Section 80-6-1116, which is renumbered from Section 55-12-115 is
8332 renumbered and amended to read:
8333 [
8334 The compact administrator is authorized and empowered to enter into supplementary
8335 agreements with appropriate officials of other states [
8336 event that the supplementary agreement requires or contemplates the use of any institution or
8337 facility of this state or requires or contemplates the provision of any service by this state, the
8338 supplementary agreement shall have no force or effect until approved by the head of the
8339 department or agency under whose jurisdiction said institution or facility is operated or whose
8340 department or agency will be charged with the rendering of such service.
8341 Section 141. Section 80-6-1117, which is renumbered from Section 55-12-116 is
8342 renumbered and amended to read:
8343 [
8344 The compact administrator, subject to the approval of the Division of Finance, may
8345 make or arrange for any payments necessary to discharge any financial obligations imposed
8346 upon this state by the compact or by any supplementary agreement entered into.
8347 Section 142. Section 80-6-1118, which is renumbered from Section 55-12-117 is
8348 renumbered and amended to read:
8349 [
8350 The compact administrator is authorized to take appropriate action to recover from
8351 parents or guardians, any and all costs expended by the state, or any of [
8352 subdivisions, to return a delinquent or nondelinquent juvenile to this state, for care provided
8353 [
8354 to this state.
8355 Section 143. Section 80-6-1119, which is renumbered from Section 55-12-118 is
8356 renumbered and amended to read:
8357 [
8358 agencies, and officers.
8359 The courts, departments, agencies and officers of this state and [
8360 subdivisions shall enforce this compact and do all things appropriate to the effectuation of [
8361 the compact's purposes and intent which may be within their respective jurisdictions.
8362 Section 144. Repealer.
8363 This bill repeals:
8364 Section 62A-4a-109, Eligibility -- Fee schedules.
8365 Section 62A-4a-114, Financial reimbursement by parent or legal guardian.
8366 Section 62A-4a-119, Division required to produce "family impact statement" with
8367 regard to rules.
8368 Section 62A-4a-120, Accommodation of moral and religious beliefs and culture.
8369 Section 62A-4a-205.5, Prohibition of discrimination based on race, color, or
8370 ethnicity.
8371 Section 62A-4a-206.1, Foster parent's preference upon child's reentry into foster
8372 care.
8373 Section 62A-4a-301, Legislative finding.
8374 Section 62A-4a-302, Definitions.
8375 Section 62A-4a-303, Director's responsibility.
8376 Section 62A-4a-304, Contracts for services.
8377 Section 62A-4a-305, Prevention and treatment programs.
8378 Section 62A-4a-306, Programs and services -- Public hearing requirements --
8379 Review by local board of education.
8380 Section 62A-4a-307, Factors considered in award of contracts.
8381 Section 62A-4a-308, Portion of funding provided by contractor.
8382 Section 62A-4a-310, Funds -- Transfers and gifts.
8383 Section 62A-4a-402, Definitions.
8384 Section 62A-4a-601, Definitions.
8385 Section 62A-4a-609, Preplacement disclosure and training before high needs child
8386 adoption.
8387 Section 62A-4a-901, Legislative purpose.
8388 Section 62A-4a-904, Adoption assistance.
8389 Section 62A-4a-1001, Title.
8390 Section 62A-4a-1002, Definitions.
8391 Section 62A-4a-1004, Risk assessment training -- Second health care opinion.
8392 Section 63M-10-101, Title.
8393 Section 63M-10-201, Creation -- Purpose -- Administration -- Access.
8394 Section 80-1-101, Title.
8395 Section 80-2-101, Title.
8396 Section 80-3-101, Title.
8397 Section 80-4-101, Title.
8398 Section 80-5-101, Title.
8399 Section 80-6-101, Title.
8400 Section 80-7-101, Title.
8401 Section 145. Effective date.
8402 (1) Except as provided in Subsection (2), this bill takes effect on September 1, 2022.
8403 (2) Section 62A-4a-1003.5 and the amendments to Section 63I-2-262 take effect:
8404 (a) if approved by two-thirds of all members elected to each house, upon approval by
8405 the governor, or the day following the constitutional time limit of Utah Constitution, Article
8406 VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
8407 override; or
8408 (b) if not approved by two-thirds of all members elected to each house, on May 4,
8409 2022.
8410 Section 146. Coordinating H.B. 248 with H.B. 153 -- Superseding, technical, and
8411 substantive amendments.
8412 If this H.B. 248 and H.B. 153, Child Welfare Interview Requirements, both pass and
8413 become law, it is the intent of the Legislature that, on September 1, 2022, when the Office of
8414 Legislative Research and General Counsel prepares the Utah Code database for publication:
8415 (1) the amendments to Subsection 80-2-701(7) in this H.B. 248 supersede the
8416 amendments to Subsection 62A-4a-409(7) in H.B. 153;
8417 (2) the amendments to Section 80-2-702 in this H.B. 248 supersede the amendments to
8418 Section 62A-4a-202.3 in H.B. 153; and
8419 (3) Subsections 80-2-704(2) and (3) in this H.B. 248 are amended to read:
8420 "(2) (a) If the division interviews a child under Subsection (1), the division shall,
8421 except as provided in Subsection (6), audiotape or videotape the interview.
8422 (b) The interviewer under Subsection (1) shall say at the beginning of the audiotape or
8423 videotape:
8424 (i) the time, date, and place of the interview; and
8425 (ii) the full name and age of the child being interviewed.
8426 (3) (a) Before conducting an interview under Subsection (1), the interviewer shall:
8427 (i) assess the child's level of comfort with the interview and make reasonable efforts to
8428 ensure the child is comfortable during the interview; and
8429 (ii) unless the interview is conducted at a Children's Justice Center, ask the child
8430 whether the child is comfortable being alone in the interview with the interviewer.
8431 (b) (i) If a child who is interviewed under Subsection (1)(a) is not comfortable being
8432 alone in the interview with the interviewer, the child is allowed to have a support person of the
8433 child's choice present in an interview who:
8434 (A) is 18 years old or older;
8435 (B) is readily available; and
8436 (C) is willing and able to be present in the interview without influencing the child
8437 through statements or reactions.
8438 (ii) If a child who is interviewed under Subsection (1)(b) is not comfortable being
8439 alone in the interview with the interviewer, the interviewer shall conduct the interview with a
8440 support person of the child's choice present who meets the requirements of Subsections
8441 (2)(b)(i)(A) through (C).
8442 (c) A support person described in this Subsection (3):
8443 (i) may be:
8444 (A) a school teacher;
8445 (B) a school administrator;
8446 (C) a guidance counselor;
8447 (D) a child care provider;
8448 (E) a family member;
8449 (F) a family advocate;
8450 (G) a member of the clergy; or
8451 (H) another individual chosen by the child; and
8452 (ii) may not be an individual who:
8453 (A) is alleged to be, or potentially may be, the perpetrator; or
8454 (B) is protective of the perpetrator or unsupportive of the child.".
8455 Section 147. Coordinating H.B. 248 with H.B. 219 -- Technical amendments.
8456 If this H.B. 248 and H.B. 219, Uniform Unregulated Child Custody Transfer Act, both
8457 pass and become law, it is the intent of the Legislature that, on September 1, 2022, when the
8458 Office of Legislative Research and General Counsel prepares the Utah Code database for
8459 publication Sections 62A-2-126 and 76-7-205 in this H.B. 248 are repealed.
8460 Section 148. Coordinating H.B. 248 with H.B. 219 and S.B. 132 -- Technical and
8461 superseding amendments.
8462 If this H.B. 248 and H.B. 219, Uniform Unregulated Child Custody Transfer Act, and
8463 S.B. 132, Child Welfare Amendments, all pass and become law, it is the intent of the
8464 Legislature that, on September 1, 2022, when the Office of Legislative Research and General
8465 Counsel prepares the Utah Code database for publication:
8466 (1) Subsection 62A-2-108.6(2)(a) in this H.B. 248 is amended to read:
8467 "(2) (a) Subject to Section 78B-24-205, a person may not engage in child placing, or
8468 solicit money or other assistance for child placing, without a valid license issued by the office
8469 in accordance with this chapter."; and
8470 (2) Subsection 62A-2-108.6(4) in this H.B. 248 is amended to read:
8471 "(4) This section does not preclude payment of fees for medical, legal, or other lawful
8472 services rendered in connection with the care of a mother, delivery and care of a child, or
8473 lawful adoption proceedings.".
8474 Section 149. Coordinating H.B. 248 with S.B. 132 -- Technical and substantive
8475 amendments.
8476 If this H.B. 248 and S.B. 132, Child Welfare Amendments, both pass and become law,
8477 it is the intent of the Legislature that, on September 1, 2022, when the Office of Legislative
8478 Research and General Counsel prepares the Utah Code database for publication:
8479 (1) Subsections 80-2a-101(5)(c) and (d) are amended to read:
8480 "(c) is a permanent guardian or natural parent of the child's sibling; or
8481 (d) in the case of a child who is an Indian child, is an extended family member as
8482 defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903."; and
8483 (2) Subsection 80-2a-301(6)(b) is amended to read:
8484 "(b) The division shall determine whether an individual passes the background check
8485 described in Subsection (6)(a) in accordance with Section 62A-2-120.".
8486 Section 150. Revisor instructions.
8487 The Legislature intends that the Office of Legislative Research and General Counsel, in
8488 preparing the Utah Code database for publication, not enroll this bill if H.B. 249, Juvenile
8489 Amendments Cross References, does not pass.