2
3
4
5
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 Office of Guardian Ad Litem to access 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
31 Oversight Panel;
32 ▸ clarifies provisions describing certification to the federal government regarding
33 preadoption requirements of the Division of Child and Family Services;
34 ▸ amends provisions requiring the Division of Child and Family Services to create an
35 administrative rule regarding adoptive placement of a child with a legally married
36 couple;
37 ▸ clarifies child abuse or neglect reporting requirements;
38 ▸ clarifies that the Division of Child and Family Services is required to forward a
39 written report of child abuse or neglect to the state child abuse and neglect registry;
40 ▸ clarifies a law enforcement agency's duties upon a report of child abuse or neglect
41 and the law enforcement agency's authority to access certain child abuse or neglect
42 records;
43 ▸ clarifies provisions requiring the Division of Child and Family Services to
44 investigate a report of child abuse or neglect before and after removal of the child
45 from the child's home;
46 ▸ amends provisions that allow a peace officer to place a removed child in a shelter
47 facility;
48 ▸ clarifies child welfare interview requirements;
49 ▸ amends the requirement that the Division of Child and Family Services research
50 successful adoptive families for purposes of providing information to a potential
51 adoptive parent;
52 ▸ clarifies provisions regarding the sharing of certain records between the Division of
53 Child and Family Services and an Indian tribe;
54 ▸ amends provisions regarding removal of a child from the child's home and warrants
55 issued by the juvenile court for removal of the child or a runaway youth;
56 ▸ clarifies the process that a physician or health care facility is required to follow
57 upon removing a child from the custody of a parent for the child's safety; and
58 ▸ makes technical and conforming changes.
59 Money Appropriated in this Bill:
60 None
61 Other Special Clauses:
62 This bill provides a special effective date.
63 Utah Code Sections Affected:
64 AMENDS:
65 62A-2-101, as last amended by Laws of Utah 2021, Chapters 117 and 400
66 63G-2-302, as last amended by Laws of Utah 2021, Chapters 100, 143, and 367
67 63I-2-262, as last amended by Laws of Utah 2021, Chapters 156, 204, and 278
68 78A-2-801, as enacted by Laws of Utah 2021, Chapter 261
69 78A-2-802, as renumbered and amended by Laws of Utah 2021, Chapter 261
70 78A-2-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
71 78A-6-351, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
72 amended by Laws of Utah 2021, Chapter 261
73 78A-6-356, as renumbered and amended by Laws of Utah 2021, Chapter 261
74 78A-6-357, as enacted by Laws of Utah 2021, Chapter 261
75 80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
76 80-3-102, as renumbered and amended by Laws of Utah 2021, Chapter 261 and last
77 amended by Coordination Clause, Laws of Utah 2021, Chapter 261
78 80-3-104, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
79 amended by Laws of Utah 2021, Chapter 261
80 80-3-109, as renumbered and amended by Laws of Utah 2021, Chapter 261
81 80-3-201, as renumbered and amended by Laws of Utah 2021, Chapter 261
82 80-3-301, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
83 amended by Laws of Utah 2021, Chapter 261
84 80-3-302, as renumbered and amended by Laws of Utah 2021, Chapter 261
85 80-3-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
86 80-3-404, as renumbered and amended by Laws of Utah 2021, Chapter 261
87 80-3-406, as last amended by Laws of Utah 2021, Chapter 38 and renumbered and
88 amended by Laws of Utah 2021, Chapter 261
89 80-4-105, as renumbered and amended by Laws of Utah 2021, Chapter 261
90 80-4-106, as enacted by Laws of Utah 2021, Chapter 261
91 80-4-107, as enacted by Laws of Utah 2021, Chapter 261
92 80-4-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
93 80-5-601, as renumbered and amended by Laws of Utah 2021, Chapter 261
94 80-6-707, as renumbered and amended by Laws of Utah 2021, Chapter 261
95 80-6-710, as enacted by Laws of Utah 2021, Chapter 261
96 80-6-1002, as renumbered and amended by Laws of Utah 2021, Chapter 261
97 80-6-1004, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
98 amended by Laws of Utah 2021, Chapter 261
99 ENACTS:
100 26-18-701, Utah Code Annotated 1953
101 26-18-702, Utah Code Annotated 1953
102 36-33-101, Utah Code Annotated 1953
103 36-33-102, Utah Code Annotated 1953
104 62A-4a-101.5, Utah Code Annotated 1953
105 62A-4a-1003.5, Utah Code Annotated 1953
106 80-2-503, Utah Code Annotated 1953
107 80-2-608, Utah Code Annotated 1953
108 80-2-802, Utah Code Annotated 1953
109 80-2-803, Utah Code Annotated 1953
110 80-2-901, Utah Code Annotated 1953
111 80-2-1006, Utah Code Annotated 1953
112 80-2a-101, Utah Code Annotated 1953
113 80-3-504, Utah Code Annotated 1953
114 RENUMBERS AND AMENDS:
115 26-18-703, (Renumbered from 62A-4a-709, as last amended by Laws of Utah 2016,
116 Chapter 296)
117 36-33-103, (Renumbered from 62A-4a-207, as last amended by Laws of Utah 2021,
118 Chapter 262)
119 62A-2-108.6, (Renumbered from 62A-4a-602, as last amended by Laws of Utah 2020,
120 Chapter 250)
121 62A-2-115.1, (Renumbered from 62A-4a-603, as last amended by Laws of Utah 2020,
122 Chapter 250)
123 62A-2-115.2, (Renumbered from 62A-4a-605, as last amended by Laws of Utah 2017,
124 Chapter 148)
125 62A-2-126, (Renumbered from 62A-4a-607, as last amended by Laws of Utah 2021,
126 Chapter 262)
127 62A-2-127, (Renumbered from 62A-4a-606, as last amended by Laws of Utah 2018,
128 Chapter 415)
129 76-7-205, (Renumbered from 62A-4a-711, as last amended by Laws of Utah 2021,
130 Chapter 262)
131 80-2-102, (Renumbered from 62A-4a-101, as last amended by Laws of Utah 2021,
132 Chapters 29, 231, 261 and last amended by Coordination Clause, Laws of Utah
133 2021, Chapter 261)
134 80-2-201, (Renumbered from 62A-4a-103, as last amended by Laws of Utah 2021,
135 Chapter 262)
136 80-2-202, (Renumbered from 62A-4a-104, as last amended by Laws of Utah 2009,
137 Chapter 75)
138 80-2-301, (Renumbered from 62A-4a-105, as last amended by Laws of Utah 2021,
139 Chapters 38 and 262)
140 80-2-302, (Renumbered from 62A-4a-102, as last amended by Laws of Utah 2021,
141 Chapter 262)
142 80-2-303, (Renumbered from 62A-4a-113, as last amended by Laws of Utah 2021,
143 Chapter 262)
144 80-2-304, (Renumbered from 62A-4a-115, as last amended by Laws of Utah 2009,
145 Chapter 75)
146 80-2-305, (Renumbered from 62A-4a-111, as renumbered and amended by Laws of
147 Utah 1994, Chapter 260)
148 80-2-306, (Renumbered from 62A-4a-202, as last amended by Laws of Utah 2020,
149 Chapter 250)
150 80-2-307, (Renumbered from 62A-4a-121, as enacted by Laws of Utah 2008, Chapter
151 314)
152 80-2-308, (Renumbered from 62A-4a-212, as enacted by Laws of Utah 2014, Chapter
153 67)
154 80-2-401, (Renumbered from 62A-4a-105.5, as last amended by Laws of Utah 2019,
155 Chapter 335)
156 80-2-402, (Renumbered from 62A-4a-107, as last amended by Laws of Utah 2021,
157 Chapter 231)
158 80-2-403, (Renumbered from 62A-4a-203.1, as enacted by Laws of Utah 2016, Chapter
159 231)
160 80-2-404, (Renumbered from 62A-4a-110, as last amended by Laws of Utah 2019,
161 Chapter 335)
162 80-2-405, (Renumbered from 62A-4a-107.5, as last amended by Laws of Utah 2008,
163 Chapter 299)
164 80-2-501, (Renumbered from 62A-4a-309, as last amended by Laws of Utah 2010,
165 Chapter 278)
166 80-2-502, (Renumbered from 62A-4a-608, as enacted by Laws of Utah 2011, Chapter
167 438)
168 80-2-503.5, (Renumbered from 62A-4a-213, as last amended by Laws of Utah 2021,
169 Chapter 263)
170 80-2-601, (Renumbered from 62A-4a-401, as last amended by Laws of Utah 2016,
171 Chapter 168)
172 80-2-602, (Renumbered from 62A-4a-403, as last amended by Laws of Utah 2021,
173 Chapter 419)
174 80-2-603, (Renumbered from 62A-4a-404, as last amended by Laws of Utah 2021,
175 Chapters 231 and 337)
176 80-2-604, (Renumbered from 62A-4a-405, as last amended by Laws of Utah 2013,
177 Chapter 237)
178 80-2-605, (Renumbered from 62A-4a-407, as last amended by Laws of Utah 2006,
179 Chapter 75)
180 80-2-606, (Renumbered from 62A-4a-408, as last amended by Laws of Utah 2006,
181 Chapter 207)
182 80-2-607, (Renumbered from 62A-4a-406, as last amended by Laws of Utah 2019,
183 Chapter 349)
184 80-2-609, (Renumbered from 62A-4a-411, as last amended by Laws of Utah 2021,
185 Chapter 419)
186 80-2-610, (Renumbered from 62A-4a-410, as last amended by Laws of Utah 2021,
187 Chapter 419)
188 80-2-611, (Renumbered from 62A-4a-1007, as last amended by Laws of Utah 2008,
189 Chapter 299)
190 80-2-701, (Renumbered from 62A-4a-409, as last amended by Laws of Utah 2021,
191 Chapters 29, 262, and 365)
192 80-2-702, (Renumbered from 62A-4a-202.3, as last amended by Laws of Utah 2021,
193 Chapters 29 and 262)
194 80-2-703, (Renumbered from 62A-4a-202.6, as last amended by Laws of Utah 2020,
195 Chapter 250)
196 80-2-704, (Renumbered from 62A-4a-414, as last amended by Laws of Utah 2010,
197 Chapter 239)
198 80-2-705, (Renumbered from 62A-4a-415, as enacted by Laws of Utah 2010, Chapter
199 322)
200 80-2-706, (Renumbered from 62A-4a-202.8, as last amended by Laws of Utah 2021,
201 Chapters 29 and 262)
202 80-2-707, (Renumbered from 62A-4a-1009, as last amended by Laws of Utah 2021,
203 Chapter 262)
204 80-2-708, (Renumbered from 62A-4a-1005, as last amended by Laws of Utah 2021,
205 Chapter 262)
206 80-2-709, (Renumbered from 62A-4a-202.4, as last amended by Laws of Utah 2021,
207 Chapter 262)
208 80-2-801, (Renumbered from 62A-4a-902, as last amended by Laws of Utah 2019,
209 Chapter 393)
210 80-2-804, (Renumbered from 62A-4a-205.6, as last amended by Laws of Utah 2021,
211 Chapter 262)
212 80-2-805, (Renumbered from 62A-4a-106, as last amended by Laws of Utah 2018,
213 Chapter 53)
214 80-2-806, (Renumbered from 62A-4a-903, as last amended by Laws of Utah 2016,
215 Chapter 219)
216 80-2-807, (Renumbered from 62A-4a-905, as last amended by Laws of Utah 2019,
217 Chapter 335)
218 80-2-808, (Renumbered from 62A-4a-906, as last amended by Laws of Utah 2008,
219 Chapter 382)
220 80-2-809, (Renumbered from 62A-4a-907, as renumbered and amended by Laws of
221 Utah 2001, Chapter 115)
222 80-2-902, (Renumbered from 62A-4a-703, as renumbered and amended by Laws of
223 Utah 1994, Chapter 260)
224 80-2-903, (Renumbered from 62A-4a-704, as renumbered and amended by Laws of
225 Utah 1994, Chapter 260)
226 80-2-904, (Renumbered from 62A-4a-707, as renumbered and amended by Laws of
227 Utah 1994, Chapter 260)
228 80-2-905, (Renumbered from 62A-4a-701, as renumbered and amended by Laws of
229 Utah 1994, Chapter 260)
230 80-2-906, (Renumbered from 62A-4a-702, as last amended by Laws of Utah 2008,
231 Chapter 3)
232 80-2-907, (Renumbered from 62A-4a-705, as renumbered and amended by Laws of
233 Utah 1994, Chapter 260)
234 80-2-908, (Renumbered from 62A-4a-706, as renumbered and amended by Laws of
235 Utah 1994, Chapter 260)
236 80-2-909, (Renumbered from 62A-4a-708, as last amended by Laws of Utah 2008,
237 Chapter 3)
238 80-2-910, (Renumbered from 62A-4a-710, as enacted by Laws of Utah 2007, Chapter
239 152)
240 80-2-1001, (Renumbered from 62A-4a-1003, as last amended by Laws of Utah 2021,
241 Chapter 231)
242 80-2-1002, (Renumbered from 62A-4a-1006, as last amended by Laws of Utah 2021,
243 Chapter 262)
244 80-2-1003, (Renumbered from 62A-4a-1008, as last amended by Laws of Utah 2018,
245 Chapter 38)
246 80-2-1004, (Renumbered from 62A-4a-1010, as last amended by Laws of Utah 2021,
247 Chapter 262)
248 80-2-1005, (Renumbered from 62A-4a-412, as last amended by Laws of Utah 2021,
249 Chapters 29, 231, 262, and 419)
250 80-2-1007, (Renumbered from 62A-4a-112, as last amended by Laws of Utah 2019,
251 Chapter 335)
252 80-2-1101, (Renumbered from 62A-4a-311, as last amended by Laws of Utah 2016,
253 Chapter 231)
254 80-2-1102, (Renumbered from 62A-4a-117, as last amended by Laws of Utah 2019,
255 Chapter 335)
256 80-2-1103, (Renumbered from 62A-4a-118, as last amended by Laws of Utah 2021,
257 Chapter 262)
258 80-2-1104, (Renumbered from 62A-4a-208, as last amended by Laws of Utah 2017,
259 Chapters 181, 330, and 401)
260 80-2a-201, (Renumbered from 62A-4a-201, as last amended by Laws of Utah 2021,
261 Chapter 262)
262 80-2a-202, (Renumbered from 62A-4a-202.1, as repealed and reenacted by Laws of
263 Utah 2021, Chapter 261)
264 80-2a-203, (Renumbered from 62A-4a-202.2, as last amended by Laws of Utah 2021,
265 Chapter 261)
266 80-2a-301, (Renumbered from 62A-4a-209, as last amended by Laws of Utah 2021,
267 Chapter 262)
268 80-2a-302, (Renumbered from 62A-4a-203, as last amended by Laws of Utah 2021,
269 Chapter 262)
270 80-2a-303, (Renumbered from 62A-4a-206.5, as last amended by Laws of Utah 2021,
271 Chapter 262)
272 80-2a-304, (Renumbered from 62A-4a-206, as last amended by Laws of Utah 2021,
273 Chapter 262)
274 80-3-307, (Renumbered from 62A-4a-205, as last amended by Laws of Utah 2021,
275 Chapter 262)
276 80-4-501, (Renumbered from 62A-4a-801, as last amended by Laws of Utah 2020,
277 Chapter 170)
278 80-4-502, (Renumbered from 62A-4a-802, as last amended by Laws of Utah 2021,
279 Chapter 262)
280 80-6-1101, (Renumbered from 55-12-100, as enacted by Laws of Utah 2005, Chapter
281 155)
282 80-6-1102, (Renumbered from 55-12-101, as enacted by Laws of Utah 2005, Chapter
283 155)
284 80-6-1103, (Renumbered from 55-12-102, as enacted by Laws of Utah 2005, Chapter
285 155)
286 80-6-1104, (Renumbered from 55-12-103, as enacted by Laws of Utah 2005, Chapter
287 155)
288 80-6-1105, (Renumbered from 55-12-104, as enacted by Laws of Utah 2005, Chapter
289 155)
290 80-6-1106, (Renumbered from 55-12-105, as enacted by Laws of Utah 2005, Chapter
291 155)
292 80-6-1107, (Renumbered from 55-12-106, as enacted by Laws of Utah 2005, Chapter
293 155)
294 80-6-1108, (Renumbered from 55-12-107, as enacted by Laws of Utah 2005, Chapter
295 155)
296 80-6-1109, (Renumbered from 55-12-108, as enacted by Laws of Utah 2005, Chapter
297 155)
298 80-6-1110, (Renumbered from 55-12-109, as enacted by Laws of Utah 2005, Chapter
299 155)
300 80-6-1111, (Renumbered from 55-12-110, as enacted by Laws of Utah 2005, Chapter
301 155)
302 80-6-1112, (Renumbered from 55-12-111, as enacted by Laws of Utah 2005, Chapter
303 155)
304 80-6-1113, (Renumbered from 55-12-112, as enacted by Laws of Utah 2005, Chapter
305 155)
306 80-6-1114, (Renumbered from 55-12-113, as enacted by Laws of Utah 2005, Chapter
307 155)
308 80-6-1115, (Renumbered from 55-12-114, as renumbered and amended by Laws of
309 Utah 2005, Chapter 155)
310 80-6-1116, (Renumbered from 55-12-115, as renumbered and amended by Laws of
311 Utah 2005, Chapter 155)
312 80-6-1117, (Renumbered from 55-12-116, as last amended by Laws of Utah 2018,
313 Chapter 281)
314 80-6-1118, (Renumbered from 55-12-117, as renumbered and amended by Laws of
315 Utah 2005, Chapter 155)
316 80-6-1119, (Renumbered from 55-12-118, as renumbered and amended by Laws of
317 Utah 2005, Chapter 155)
318 REPEALS:
319 62A-4a-109, as last amended by Laws of Utah 2009, Chapter 75
320 62A-4a-114, as last amended by Laws of Utah 2021, Chapter 262
321 62A-4a-119, as last amended by Laws of Utah 2009, Chapter 75
322 62A-4a-120, as last amended by Laws of Utah 2008, Chapter 382
323 62A-4a-205.5, as last amended by Laws of Utah 2021, Chapter 262
324 62A-4a-206.1, as last amended by Laws of Utah 2007, Chapter 169
325 62A-4a-301, as last amended by Laws of Utah 2008, Chapter 299
326 62A-4a-302, as last amended by Laws of Utah 2016, Chapter 231
327 62A-4a-303, as last amended by Laws of Utah 2009, Chapter 75
328 62A-4a-304, as last amended by Laws of Utah 2008, Chapters 299 and 382
329 62A-4a-305, as last amended by Laws of Utah 2009, Chapter 75
330 62A-4a-306, as last amended by Laws of Utah 2009, Chapter 75
331 62A-4a-307, as renumbered and amended by Laws of Utah 1994, Chapter 260
332 62A-4a-308, as renumbered and amended by Laws of Utah 1994, Chapter 260
333 62A-4a-310, as last amended by Laws of Utah 2010, Chapter 278
334 62A-4a-402, as last amended by Laws of Utah 2021, Chapter 231
335 62A-4a-601, as last amended by Laws of Utah 2017, Chapters 148 and 401
336 62A-4a-901, as enacted by Laws of Utah 2001, Chapter 115
337 62A-4a-904, as enacted by Laws of Utah 2001, Chapter 115
338 62A-4a-1001, as enacted by Laws of Utah 2006, Chapter 77
339 62A-4a-1002, as last amended by Laws of Utah 2018, Chapter 415
340 62A-4a-1004, as enacted by Laws of Utah 2006, Chapter 77
341 63M-10-201, as last amended by Laws of Utah 2016, Chapter 144
342 80-1-101, as enacted by Laws of Utah 2021, Chapter 261
343 80-2-101, as enacted by Laws of Utah 2021, Chapter 261
344 80-3-101, as enacted by Laws of Utah 2021, Chapter 261
345 80-4-101, as renumbered and amended by Laws of Utah 2021, Chapter 261
346 80-5-101, as enacted by Laws of Utah 2021, Chapter 261
347 80-6-101, as enacted by Laws of Utah 2021, Chapter 261
348 80-7-101, as enacted by Laws of Utah 2021, Chapter 261
349
350 Be it enacted by the Legislature of the state of Utah:
351 Section 1. Section 26-18-701 is enacted to read:
352
353 26-18-701. Definitions.
354 As used in this part:
355 (1) "Adoption assistance" means the same as that term is defined in Section 80-2-809.
356 (2) "Adoption assistance agreement" means the same as that term is defined in Section
357 80-2-809.
358 (3) "Adoption assistance interstate compact" means an agreement executed by the
359 Division of Child and Family Services with any other state in accordance with Section
360 80-2-809.
361 Section 2. Section 26-18-702 is enacted to read:
362 26-18-702. Division and Workforce Development Division compliance with
363 adoption assistance interstate compact.
364 The division and the Workforce Development Division within the Department of
365 Workforce Services shall:
366 (1) cooperate with the Division of Child and Family Services in regards to an adoption
367 assistance interstate compact; and
368 (2) comply with an adoption assistance interstate compact.
369 Section 3. Section 26-18-703, which is renumbered from Section 62A-4a-709 is
370 renumbered and amended to read:
371 [
372 Development Division under adoption assistance interstate compact -- Penalty for
373 fraudulent claim.
374 [
375 [
376
377
378 [
379
380
381 [
382
383 [
384
385
386 [
387 assistance interstate compact is entitled to receive medical assistance [
388 division and the Workforce Development Division [
389 Services [
390 child's adoption assistance agreement with [
391 Development Division.
392 (b) The adoptive [
393 annually provide [
394 assistance agreement is filed with evidence[
395 is still effective.
396 [
397 Workforce Services shall consider the [
398
399 [
400 agreement executed by the [
401 [
402
403 (3) (a) A person may not submit a claim for payment or reimbursement under this
404 section that the person knows is false, misleading, or fraudulent.
405 (b) A violation of Subsection (3)(a) is a third degree felony.
406 Section 4. Section 36-33-101 is enacted to read:
407
408 36-33-101. Definitions.
409 As used in this chapter:
410 (1) "Department" means the Department of Human Services created in Section
411 62A-1-102.
412 (2) "Division" means the Division of Child and Family Services created in Section
413 80-2-201.
414 (3) "Panel" means the Child Welfare Legislative Oversight Panel created in Section
415 36-33-102.
416 Section 5. Section 36-33-102 is enacted to read:
417 36-33-102. Child Welfare Legislative Oversight Panel -- Creation -- Membership
418 -- Interim rules -- Per diem -- Staff support.
419 (1) There is created the Child Welfare Legislative Oversight Panel composed of the
420 following members:
421 (a) two members of the Senate, one from the majority party and one from the minority
422 party, appointed by the president of the Senate; and
423 (b) three members of the House of Representatives, two from the majority party and
424 one from the minority party, appointed by the speaker of the House of Representatives.
425 (2) (a) The president of the Senate shall designate one of the senators appointed to the
426 panel under Subsection (1) as the Senate chair of the panel.
427 (b) The speaker of the House of Representatives shall designate one of the
428 representatives appointed to the panel under Subsection (1) as the House chair of the panel.
429 (3) (a) A member of the panel shall serve for two-year terms, or until the member's
430 successor is appointed.
431 (b) (i) A vacancy occurs when a member ceases to be a member of the Legislature, or
432 when a member resigns from the panel.
433 (ii) If a vacancy occurs in the membership of the panel, the replacement shall be
434 appointed for the unexpired term in the same manner as the vacated member was appointed.
435 (4) The panel shall follow the interim committee rules established by the Legislature.
436 (5) A member of the panel who is a legislator may be compensated in accordance with
437 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
438 (6) (a) The Office of Legislative Research and General Counsel shall provide staff
439 support to the panel.
440 (b) The panel is authorized to employ additional professional assistance and other staff
441 members as the panel considers necessary and appropriate.
442 Section 6. Section 36-33-103, which is renumbered from Section 62A-4a-207 is
443 renumbered and amended to read:
444 [
445 confidentiality.
446 [
447
448 [
449
450 [
451
452 [
453
454 [
455
456
457 [
458
459
460
461 [
462 [
463 (a) examine and observe the process and execution of laws governing the child welfare
464 system by the executive branch and the judicial branch;
465 (b) upon request, receive testimony from the public, the juvenile court, [
466
467 [
468
469 school district;
470 (c) before October 1 of each year, receive a report from the [
471 Administrative Office of the Courts identifying the cases not in compliance with the time limits
472 established in the following sections, and the reasons for noncompliance:
473 (i) Subsection 80-3-301(1), regarding shelter hearings;
474 (ii) Section 80-3-401, regarding pretrial and adjudication hearings;
475 (iii) Section 80-3-402, regarding dispositional hearings;
476 [
477 services; and
478 [
479 termination;
480 (d) receive recommendations from, and make recommendations to the governor, the
481 Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile
482 court, and the public;
483 (e) (i) receive reports from the [
484 Administrative Office of the Courts on budgetary issues impacting the child welfare system;
485 and
486 (ii) before December 1 of each year, recommend, as the panel considers advisable,
487 budgetary proposals to the Social Services Appropriations Subcommittee and the Executive
488 Offices and Criminal Justice Appropriations Subcommittee[
489
490 (f) study and recommend [
491 system;
492 (g) study actions the state can take to preserve, unify, and strengthen the child's family
493 ties whenever possible in the child's best interest, including recognizing the constitutional
494 rights and claims of parents [
495 (h) perform [
496 the panel considers appropriate; and
497 (i) annually report the panel's findings and recommendations to the president of the
498 Senate, the speaker of the House of Representatives, the Health and Human Services Interim
499 Committee, and the Judiciary Interim Committee.
500 [
501 (i) review and discuss individual child welfare cases[
502 [
503
504 (ii) make recommendations to the Legislature, the governor, the Board of Juvenile
505 Court Judges, the division, and any other statutorily created entity related to the policies and
506 procedures of the child welfare system; and
507 (iii) hold public hearings, as the panel considers advisable, in various locations within
508 the state to afford all interested persons an opportunity to appear and present the persons' views
509 regarding the child welfare system.
510 (b) (i) If the panel discusses an individual child welfare case, the panel shall close the
511 panel's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
512 [
513 welfare case, the panel shall make reasonable efforts to identify and consider the concerns of
514 all parties to the case.
515 (iii) The panel may not make recommendations to the court, the division, or any other
516 public or private entity regarding the disposition of an individual child welfare case.
517 [
518
519
520
521
522 [
523
524
525 [
526 the panel regarding an individual child welfare case:
527 (i) is classified as private[
528 (ii) may be disclosed only in accordance with federal law and [
529 63G, Chapter 2, Government Records Access and Management Act.
530 (b) (i) The panel shall have access to all of the division's records, including [
531 records regarding individual child welfare cases.
532 (ii) In accordance with Title 63G, Chapter 2, Government Records Access and
533 Management Act, all documents and information received by the panel from the division shall
534 maintain the same classification under Title 63G, Chapter 2, Government Records Access and
535 Management Act, that was designated by the division.
536 [
537 the panel has:
538 (a) all powers granted to legislative interim committees in Section 36-12-11; and
539 (b) legislative subpoena powers under [
540 Powers.
541 [
542
543
544 [
545
546 [
547
548 Section 7. Section 62A-2-101 is amended to read:
549 62A-2-101. Definitions.
550 As used in this chapter:
551 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
552 [
553 (a) for three or more adults for at least four but less than 24 hours a day; and
554 (b) that meets the needs of functionally impaired adults through a comprehensive
555 program that provides a variety of health, social, recreational, and related support services in a
556 protective setting.
557 [
558 renewal under this chapter.
559 [
560 (i) affiliated with a licensee as an owner, director, member of the governing body,
561 employee, agent, provider of care, department contractor, or volunteer; or
562 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
563 [
564 (b) "Associated with the licensee" does not include:
565 (i) service on the following bodies, unless that service includes direct access to a child
566 or a vulnerable adult:
567 (A) a local mental health authority described in Section 17-43-301;
568 (B) a local substance abuse authority described in Section 17-43-201; or
569 (C) a board of an organization operating under a contract to provide mental health or
570 substance abuse programs, or services for the local mental health authority or substance abuse
571 authority; or
572 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
573 at all times.
574 [
575 (i) uses a regionally accredited education program;
576 (ii) provides a residence to the school's students:
577 (A) for the purpose of enabling the school's students to attend classes at the school; and
578 (B) as an ancillary service to educating the students at the school;
579 (iii) has the primary purpose of providing the school's students with an education, as
580 defined in Subsection [
581 (iv) (A) does not provide the treatment or services described in Subsection [
582 (38)(a); or
583 (B) provides the treatment or services described in Subsection [
584 limited basis, as described in Subsection [
585 (b) (i) For purposes of Subsection [
586 for one or more of grades kindergarten through 12th grade.
587 (ii) For purposes of Subsection [
588 treatment or services described in Subsection [
589 (A) the treatment or services described in Subsection [
590 as an incidental service to a student; and
591 (B) the school does not:
592 (I) specifically solicit a student for the purpose of providing the treatment or services
593 described in Subsection [
594 (II) have a primary purpose of providing the treatment or services described in
595 Subsection [
596 (c) "Boarding school" does not include a therapeutic school.
597 [
598 [
599 any child, temporarily or permanently, for the purpose of:
600 (a) finding a person to adopt the child;
601 (b) placing the child in a home for adoption; or
602 (c) foster home placement.
603 [
604 [
605 licensee.
606 [
607 to a child:
608 (a) an outdoor youth program;
609 (b) a residential support program;
610 (c) a residential treatment program; or
611 (d) a therapeutic school.
612 [
613 (a) a client less than 24 hours a day; and
614 (b) four or more persons who:
615 (i) are unrelated to the owner or provider; and
616 (ii) have emotional, psychological, developmental, physical, or behavioral
617 dysfunctions, impairments, or chemical dependencies.
618 [
619 [
620 (a) provides services under a contract with the department; and
621 (b) due to the contract with the department, has or will likely have direct access to a
622 child or vulnerable adult.
623 [
624 (a) contact with or access to a child or vulnerable adult that provides the individual
625 with an opportunity for personal communication or touch; or
626 (b) an opportunity to view medical, financial, or other confidential personal identifying
627 information of the child, the child's parents or legal guardians, or the vulnerable adult.
628 [
629 the uninterrupted visual and auditory surveillance of another individual who has a current
630 background screening approval issued by the office.
631 [
632 [
633 77-36-1.
634 [
635 designed to provide psychological treatment and educational services to perpetrators and
636 victims of domestic violence.
637 [
638 [
639 [
640
641 [
642 31A-1-301.
643 [
644 78B-3-403.
645 [
646 31A-22-615.5.
647 [
648 (i) a foster home;
649 (ii) a therapeutic school;
650 (iii) a youth program;
651 (iv) an outdoor youth program;
652 (v) a residential treatment program;
653 (vi) a residential support program;
654 (vii) a resource family home;
655 (viii) a recovery residence; or
656 (ix) a facility or program that provides:
657 (A) adult day care;
658 (B) day treatment;
659 (C) outpatient treatment;
660 (D) domestic violence treatment;
661 (E) child-placing services;
662 (F) social detoxification; or
663 (G) any other human services that are required by contract with the department to be
664 licensed with the department.
665 (b) "Human services program" does not include:
666 (i) a boarding school; or
667 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
668 [
669 1903.
670 [
671 1151.
672 [
673 1903.
674 [
675 treatment or care for an individual who:
676 (a) cannot live independently or in a less restrictive environment; and
677 (b) requires, without the individual's consent or control, the use of locked doors to care
678 for the individual.
679 [
680 the office.
681 [
682 [
683 [
684 Services.
685 [
686 (a) services to a child that has:
687 (i) a chemical dependency; or
688 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
689 physical, or behavioral;
690 (b) a 24-hour outdoor group living environment; and
691 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
692 (ii) informal therapy or similar services, including wilderness therapy, adventure
693 therapy, or outdoor behavioral healthcare.
694 [
695 counseling designed to improve and enhance social or psychological functioning for those
696 whose physical and emotional status allows them to continue functioning in their usual living
697 environment.
698 [
699 providers legally organized as a partnership, professional corporation, or similar association,
700 for which:
701 (a) substantially all of the services of the health care providers who are members of the
702 group are provided through the group and are billed in the name of the group and amounts
703 received are treated as receipts of the group; and
704 (b) the overhead expenses of and the income from the practice are distributed in
705 accordance with methods previously determined by members of the group.
706 [
707 into a contract with a congregate care program for the child to receive services.
708 [
709 least two of the following requirements:
710 (i) provides a supervised living environment for individuals recovering from a
711 substance use disorder;
712 (ii) provides a living environment in which more than half of the individuals in the
713 residence are recovering from a substance use disorder;
714 (iii) provides or arranges for residents to receive services related to their recovery from
715 a substance use disorder, either on or off site;
716 (iv) is held out as a living environment in which individuals recovering from substance
717 abuse disorders live together to encourage continued sobriety; or
718 (v) (A) receives public funding; or
719 (B) is run as a business venture, either for-profit or not-for-profit.
720 (b) "Recovery residence" does not mean:
721 (i) a residential treatment program;
722 (ii) residential support program; or
723 (iii) a home, residence, or facility, in which:
724 (A) residents, by their majority vote, establish, implement, and enforce policies
725 governing the living environment, including the manner in which applications for residence are
726 approved and the manner in which residents are expelled;
727 (B) residents equitably share rent and housing-related expenses; and
728 (C) a landlord, owner, or operator does not receive compensation, other than fair
729 market rental income, for establishing, implementing, or enforcing policies governing the
730 living environment.
731 [
732 (a) the hours during which services of any kind are provided to a client; or
733 (b) the hours during which a client is present at the facility of a licensee.
734 [
735 provides the necessities of life as a protective service to individuals or families who have a
736 disability or who are experiencing a dislocation or emergency that prevents them from
737 providing these services for themselves or their families.
738 (b) "Residential support program" includes a program that provides a supervised living
739 environment for individuals with dysfunctions or impairments that are:
740 (i) emotional;
741 (ii) psychological;
742 (iii) developmental; or
743 (iv) behavioral.
744 (c) Treatment is not a necessary component of a residential support program.
745 (d) "Residential support program" does not include:
746 (i) a recovery residence; or
747 (ii) a program that provides residential services that are performed:
748 (A) exclusively under contract with the department and provided to individuals through
749 the Division of Services for People with Disabilities; or
750 (B) in a facility that serves fewer than four individuals.
751 [
752 four or more individuals unrelated to the owner or provider that offers room or board and
753 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
754 habilitation services for persons with emotional, psychological, developmental, or behavioral
755 dysfunctions, impairments, or chemical dependencies.
756 (b) "Residential treatment" does not include a:
757 (i) boarding school;
758 (ii) foster home; or
759 (iii) recovery residence.
760 [
761 (a) residential treatment; or
762 (b) intermediate secure treatment.
763 [
764 or an area:
765 (a) away from the individual's peers; and
766 (b) in a manner that physically prevents the individual from leaving the room or area.
767 [
768 who are experiencing or have recently experienced drug or alcohol intoxication, that are
769 provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
770 Facility Licensing and Inspection Act, and that include:
771 (a) room and board for persons who are unrelated to the owner or manager of the
772 facility;
773 (b) specialized rehabilitation to acquire sobriety; and
774 (c) aftercare services.
775 [
776 "substance use disorder" is defined in Section 62A-15-1202.
777 [
778 program" means a program:
779 (a) designed to provide:
780 (i) specialized drug or alcohol treatment;
781 (ii) rehabilitation; or
782 (iii) habilitation services; and
783 (b) that provides the treatment or services described in Subsection [
784 persons with:
785 (i) a diagnosed substance use disorder; or
786 (ii) chemical dependency disorder.
787 [
788 (a) for four or more individuals that are not related to:
789 (i) the owner of the facility; or
790 (ii) the primary service provider of the facility;
791 (b) that serves students who have a history of failing to function:
792 (i) at home;
793 (ii) in a public school; or
794 (iii) in a nonresidential private school; and
795 (c) that offers:
796 (i) room and board; and
797 (ii) an academic education integrated with:
798 (A) specialized structure and supervision; or
799 (B) services or treatment related to:
800 (I) a disability;
801 (II) emotional development;
802 (III) behavioral development;
803 (IV) familial development; or
804 (V) social development.
805 [
806 grandparents, brothers, sisters, uncles, or aunts.
807 [
808 permanent mental or physical impairment that substantially affects the person's ability to:
809 (a) provide personal protection;
810 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
811 (c) obtain services necessary for health, safety, or welfare;
812 (d) carry out the activities of daily living;
813 (e) manage the adult's own resources; or
814 (f) comprehend the nature and consequences of remaining in a situation of abuse,
815 neglect, or exploitation.
816 [
817 substance abuse, or mental health services to minors that:
818 (i) serves adjudicated or nonadjudicated youth;
819 (ii) charges a fee for its services;
820 (iii) may provide host homes or other arrangements for overnight accommodation of
821 the youth;
822 (iv) may provide all or part of its services in the outdoors;
823 (v) may limit or censor access to parents or guardians; and
824 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
825 minor's own free will.
826 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
827 Scouts, 4-H, and other such organizations.
828 Section 8. Section 62A-2-108.6, which is renumbered from Section 62A-4a-602 is
829 renumbered and amended to read:
830 [
831 Prohibited acts.
832 (1) As used in this section:
833 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
834 made in connection with a solicitation of business.
835 (ii) "Advertisement" includes a statement or representation described in Subsection
836 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
837 circular, billboard, banner, Internet website, social media, or sign.
838 (b) "Clearly and conspicuously disclose" means the same as that term is defined in
839 Section 13-11a-2.
840 (c) (i) "Matching advertisement" means any written, oral, or graphic statement or
841 representation made in connection with a solicitation of business to provide the assistance
842 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
843 described in Subsection (3)(a)(ii).
844 (ii) "Matching advertisement" includes a statement or representation described in
845 Subsection (1)(c)(i) by a noncable television system, radio, printed brochure, newspaper,
846 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
847 (2) (a) A person may not engage in child placing, or solicit money or other assistance
848 for child placing, without a valid license issued by the [
849 accordance with [
850 (b) [
851 with [
852 control, or custody of [
853 Division of Child and Family Services.
854 (3) (a) (i) An attorney, physician, or other person may assist a parent in identifying or
855 locating a person interested in adopting the parent's child, or in identifying or locating a child to
856 be adopted.
857 (ii) No payment, charge, fee, reimbursement of expense, or exchange of value of any
858 kind, or promise or agreement to make the same, may be made for the assistance described in
859 Subsection (3)(a)(i).
860 (b) An attorney, physician, or other person may not:
861 (i) issue or cause to be issued to any person a card, sign, or device indicating that the
862 attorney, physician, or other person is available to provide the assistance described in
863 Subsection (3)(a)(i);
864 (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
865 or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
866 any building or structure;
867 (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
868 physician, or other person is available to provide the assistance described in Subsection
869 (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
870 website relating to a business;
871 (iv) announce, cause, permit, or allow a matching advertisement; or
872 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
873 attorney, physician, or other person is available to provide the assistance described in
874 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
875 following terms:
876 (A) "comprehensive";
877 (B) "complete";
878 (C) "one-stop";
879 (D) "all-inclusive"; or
880 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
881 (D).
882 (c) An attorney, physician, or other person who is not licensed by the [
883
884 media advertisement or written contract regarding adoption services or adoption-related
885 services that the attorney, physician, or other person is not licensed to provide adoption
886 services by the [
887 [
888 (4) This section does not:
889 (a) [
890 rendered in connection with the care of a mother, delivery and care of a child, or lawful
891 adoption proceedings; or
892 (b) [
893 by law.
894 (5) In accordance with federal law, only [
895
896 Services or of a licensed child-placing agency may certify to [
897
898 meets the [
899 (6) [
900
901 child for adoption, either temporarily or permanently, with any individual [
902 would not be qualified for adoptive placement [
903 [
904 [
905
906
907
908
909
910 [
911
912
913
914
915 Section 9. Section 62A-2-115.1, which is renumbered from Section 62A-4a-603 is
916 renumbered and amended to read:
917 [
918 Enforcement by county attorney or attorney general.
919 (1) The [
920 person may commence an action in district court to enjoin any person, agency, firm,
921 corporation, or association from violating Section [
922 (2) The [
923 (a) solicit information from the public relating to violations of Section [
924 62A-2-108.6; and
925 (b) upon identifying a violation of Section [
926 (i) send a written notice to the person who violated Section [
927 that describes the alleged violation; and
928 (ii) notify the following persons of the alleged violation:
929 (A) the local county attorney; and
930 (B) the Division of Occupational and Professional Licensing.
931 (3) (a) A county attorney or the attorney general shall institute legal action as necessary
932 to enforce the provisions of Section [
933 alleged violation.
934 (b) If a county attorney does not take action within 30 days after the day on which the
935 county attorney is informed of an alleged violation of Section [
936 attorney general may be requested to take action, and shall then institute legal proceedings in
937 place of the county attorney.
938 (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
939 agency, firm, corporation, or association found to be in violation of Section [
940 62A-2-108.6 shall forfeit all proceeds identified as resulting from the transaction, and may also
941 be assessed a civil penalty of not more than $10,000 for each violation.
942 (b) Each act in violation of Section [
943 placement or attempted placement of a child, is a separate violation.
944 (5) (a) [
945 (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund
946 if the attorney general prosecutes.
947 (b) If two or more governmental entities are involved in the prosecution, the court shall
948 apportion the penalty [
949 according to [
950 (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
951 is a lien when recorded in the judgment docket, and has the same effect and is subject to the
952 same rules as a judgment for money in a civil action.
953 Section 10. Section 62A-2-115.2, which is renumbered from Section 62A-4a-605 is
954 renumbered and amended to read:
955 [
956 proceeding.
957 A child-placing agency is not required to present [
958
959 chapter, the child placing agency's certificate of incorporation, or proof of [
960 child-placing agency's authority to consent to adoption, as proof of [
961 agency's authority in any proceeding in which [
962 party, unless the court or a party to the proceeding requests that the child-placing agency or
963 [
964 Section 11. Section 62A-2-126, which is renumbered from Section 62A-4a-607 is
965 renumbered and amended to read:
966 [
967 potential adoptive parents.
968 [
969 (1) As used in this section, "high needs child" means a child who:
970 (a) has an attachment or trauma-related disorder;
971 (b) suffered from prenatal exposure to alcohol or drugs;
972 (c) is the subject of an intercountry adoption;
973 (d) was previously adopted; or
974 (e) is in foster care.
975 (2) A child-placing agency licensed under this chapter shall:
976 (a) promote adoption [
977 for a child[
978
979
980 [
981
982
983 [
984
985
986 [
987 (b) inform each potential adoptive parent with whom [
988 working [
989 (i) that children in the custody of the state are available for adoption;
990 (ii) that Medicaid coverage for medical, dental, and mental health services may be
991 available for [
992 (iii) that tax benefits, including the tax credit provided for in Section 59-10-1104, and
993 financial assistance may be available to defray the costs of adopting [
994 the custody of the state;
995 (iv) that training and ongoing support may be available to the [
996
997 (v) that information about [
998 is available for adoption may be obtained by contacting the [
999
1000 the Division of Child and Family Services's website; and
1001 (vi) how to contact the Division of Child and Family Services and access the Division
1002 of Child and Family Services's website; and
1003 [
1004 [
1005
1006 [
1007 described in Subsection (2)(b) to a potential adoptive parent, distribute a copy of the pamphlet
1008 prepared by the [
1009 Services under Section 80-2-803 to the potential adoptive parent.
1010 (3) Before the day on which a child-placing agency refers a high needs child for
1011 adoption or enters into a contract to provide adoption services to a potential adoptive parent of
1012 a high needs child, the child-placing agency shall ensure that the potential adoptive parent
1013 receives, at a minimum:
1014 (a) to the extent available, the following information:
1015 (i) a social history of the high needs child to be adopted, including:
1016 (A) a history of the high needs child's cultural, racial, religious, ethnic, linguistic, and
1017 educational background; and
1018 (B) any conditions in the high needs child's country of origin, if applicable, to which
1019 the child may have been exposed and that may have an impact on the child's physical or mental
1020 health; and
1021 (ii) a record of the high needs child's:
1022 (A) physical health, mental health, behavioral issues, or exposure to trauma, including
1023 whether the child-placing agency knows or suspects that the high needs child has been exposed
1024 to alcohol or drugs in utero; and
1025 (B) history of institutionalization or previous adoptive or foster placements and, if
1026 applicable, the reason a previous placement was terminated; and
1027 (b) training on the following issues:
1028 (i) the impact leaving familiar ties and surroundings may have on a high needs child,
1029 and the grief, loss, and identity issues that a high needs child may experience in adoption;
1030 (ii) the potential impact of an institutional setting on a high needs child;
1031 (iii) attachment disorders, trauma-related disorders, fetal alcohol spectrum disorders,
1032 and other emotional problems that a high needs child may suffer, particularly when the high
1033 needs child has been institutionalized, traumatized, or cared for by multiple caregivers;
1034 (iv) the general characteristics of a successful adoption placement, including
1035 information on the financial resources, time, and insurance coverage necessary for handling the
1036 adoptive family's and the high needs child's adjustment following placement;
1037 (v) the medical, therapeutic, and educational needs a high needs child may require,
1038 including language acquisition training;
1039 (vi) how to access post-placement and post-adoption services that may assist the family
1040 to respond effectively to adjustment, behavioral, and other difficulties that may arise after the
1041 high needs child is placed or adopted;
1042 (vii) issues that may lead to the disruption of an adoptive placement or the dissolution
1043 of an adoption, including how an adoptive parent may access resources to avoid disruption or
1044 dissolution;
1045 (viii) the long-term implications for a family that becomes multicultural through
1046 adoption;
1047 (ix) for a potential adoptive parent who is seeking to adopt two or more unrelated
1048 children, the differing needs of children based on the children's respective ages, backgrounds,
1049 length of time outside of family care, and the time management requirements and other
1050 challenges that may be presented in a multi-child adoption; and
1051 (x) the prohibition against an unregulated custody transfer of a child under Section
1052 76-7-205.
1053 [
1054 [
1055 complied with [
1056 [
1057 [
1058
1059 [
1060
1061 [
1062
1063 Section 12. Section 62A-2-127, which is renumbered from Section 62A-4a-606 is
1064 renumbered and amended to read:
1065 [
1066 educational services -- Payment of costs.
1067 (1) A child-placing agency shall ensure that the requirements of Subsections
1068 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational
1069 services for all children served in the state by the child-placing agency.
1070 [
1071 (2) (a) If the educational services described in Subsection (1) are provided through a
1072 public school and the custodial parent or legal guardian resides outside the state, [
1073
1074 53G-6-306 and 53G-7-503[
1075 (b) If the educational services described in Subsection (1) are provided through a
1076 public school and the custodial parent or legal guardian resides within the state, then the [
1077
1078 (3) [
1079 exempt from the payment of fees required under Subsection (2).
1080 (4) A public school shall admit any child living within [
1081 boundaries who is under the supervision of a [
1082 payment by the child-placing agency of the tuition and fees required under Subsection (2).
1083 Section 13. Section 62A-4a-101.5 is enacted to read:
1084
1085 62A-4a-101.5. Juvenile services.
1086 Title 80, Utah Juvenile Code, governs the services provided by the Division of Juvenile
1087 Justice Services and the Division of Child and Family Services within the department.
1088 Section 14. Section 62A-4a-1003.5 is enacted to read:
1089 62A-4a-1003.5. Office of Guardian Ad Litem access to Management Information
1090 System information.
1091 Notwithstanding Subsection 62A-4a-1003(6)(c), the Office of Guardian Ad Litem may
1092 access the information in the Management Information System that is necessary to screen an
1093 individual at the time the individual seeks a paid or voluntary position with the Office of
1094 Guardian Ad Litem and annually throughout the time the individual remains with the Office of
1095 Guardian Ad Litem.
1096 Section 15. Section 63G-2-302 is amended to read:
1097 63G-2-302. Private records.
1098 (1) The following records are private:
1099 (a) records concerning an individual's eligibility for unemployment insurance benefits,
1100 social services, welfare benefits, or the determination of benefit levels;
1101 (b) records containing data on individuals describing medical history, diagnosis,
1102 condition, treatment, evaluation, or similar medical data;
1103 (c) records of publicly funded libraries that when examined alone or with other records
1104 identify a patron;
1105 (d) records received by or generated by or for:
1106 (i) the Independent Legislative Ethics Commission, except for:
1107 (A) the commission's summary data report that is required under legislative rule; and
1108 (B) any other document that is classified as public under legislative rule; or
1109 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1110 unless the record is classified as public under legislative rule;
1111 (e) records received by, or generated by or for, the Independent Executive Branch
1112 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1113 of Executive Branch Ethics Complaints;
1114 (f) records received or generated for a Senate confirmation committee concerning
1115 character, professional competence, or physical or mental health of an individual:
1116 (i) if, prior to the meeting, the chair of the committee determines release of the records:
1117 (A) reasonably could be expected to interfere with the investigation undertaken by the
1118 committee; or
1119 (B) would create a danger of depriving a person of a right to a fair proceeding or
1120 impartial hearing; and
1121 (ii) after the meeting, if the meeting was closed to the public;
1122 (g) employment records concerning a current or former employee of, or applicant for
1123 employment with, a governmental entity that would disclose that individual's home address,
1124 home telephone number, social security number, insurance coverage, marital status, or payroll
1125 deductions;
1126 (h) records or parts of records under Section 63G-2-303 that a current or former
1127 employee identifies as private according to the requirements of that section;
1128 (i) that part of a record indicating a person's social security number or federal employer
1129 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1130 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1131 (j) that part of a voter registration record identifying a voter's:
1132 (i) driver license or identification card number;
1133 (ii) social security number, or last four digits of the social security number;
1134 (iii) email address;
1135 (iv) date of birth; or
1136 (v) phone number;
1137 (k) a voter registration record that is classified as a private record by the lieutenant
1138 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
1139 20A-2-204(4)(b);
1140 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
1141 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
1142 verification submitted in support of the form;
1143 (n) a record that:
1144 (i) contains information about an individual;
1145 (ii) is voluntarily provided by the individual; and
1146 (iii) goes into an electronic database that:
1147 (A) is designated by and administered under the authority of the Chief Information
1148 Officer; and
1149 (B) acts as a repository of information about the individual that can be electronically
1150 retrieved and used to facilitate the individual's online interaction with a state agency;
1151 (o) information provided to the Commissioner of Insurance under:
1152 (i) Subsection 31A-23a-115(3)(a);
1153 (ii) Subsection 31A-23a-302(4); or
1154 (iii) Subsection 31A-26-210(4);
1155 (p) information obtained through a criminal background check under Title 11, Chapter
1156 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1157 (q) information provided by an offender that is:
1158 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1159 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
1160 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1161 77-43-108(4);
1162 (r) a statement and any supporting documentation filed with the attorney general in
1163 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1164 homeland security;
1165 (s) electronic toll collection customer account information received or collected under
1166 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1167 collected by a public transit district, including contact and payment information and customer
1168 travel data;
1169 (t) an email address provided by a military or overseas voter under Section
1170 20A-16-501;
1171 (u) a completed military-overseas ballot that is electronically transmitted under Title
1172 20A, Chapter 16, Uniform Military and Overseas Voters Act;
1173 (v) records received by or generated by or for the Political Subdivisions Ethics Review
1174 Commission established in Section 63A-15-201, except for:
1175 (i) the commission's summary data report that is required in Section 63A-15-202; and
1176 (ii) any other document that is classified as public in accordance with Title 63A,
1177 Chapter 15, Political Subdivisions Ethics Review Commission;
1178 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
1179 an incident or threat;
1180 (x) a criminal background check or credit history report conducted in accordance with
1181 Section 63A-3-201;
1182 (y) a record described in Subsection 53-5a-104(7);
1183 (z) on a record maintained by a county for the purpose of administering property taxes,
1184 an individual's:
1185 (i) email address;
1186 (ii) phone number; or
1187 (iii) personal financial information related to a person's payment method;
1188 (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
1189 exemption, deferral, abatement, or relief under:
1190 (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
1191 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
1192 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
1193 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions; [
1194 (bb) a record provided by the State Tax Commission in response to a request under
1195 Subsection 59-1-403(4)(y)(iii)[
1196 (cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
1197 child welfare case, as described in Subsection 36-33-103(3).
1198 (2) The following records are private if properly classified by a governmental entity:
1199 (a) records concerning a current or former employee of, or applicant for employment
1200 with a governmental entity, including performance evaluations and personal status information
1201 such as race, religion, or disabilities, but not including records that are public under Subsection
1202 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1203 (b) records describing an individual's finances, except that the following are public:
1204 (i) records described in Subsection 63G-2-301(2);
1205 (ii) information provided to the governmental entity for the purpose of complying with
1206 a financial assurance requirement; or
1207 (iii) records that must be disclosed in accordance with another statute;
1208 (c) records of independent state agencies if the disclosure of those records would
1209 conflict with the fiduciary obligations of the agency;
1210 (d) other records containing data on individuals the disclosure of which constitutes a
1211 clearly unwarranted invasion of personal privacy;
1212 (e) records provided by the United States or by a government entity outside the state
1213 that are given with the requirement that the records be managed as private records, if the
1214 providing entity states in writing that the record would not be subject to public disclosure if
1215 retained by it;
1216 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1217 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1218 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1219 (g) audio and video recordings created by a body-worn camera, as defined in Section
1220 77-7a-103, that record sound or images inside a home or residence except for recordings that:
1221 (i) depict the commission of an alleged crime;
1222 (ii) record any encounter between a law enforcement officer and a person that results in
1223 death or bodily injury, or includes an instance when an officer fires a weapon;
1224 (iii) record any encounter that is the subject of a complaint or a legal proceeding
1225 against a law enforcement officer or law enforcement agency;
1226 (iv) contain an officer involved critical incident as defined in Subsection
1227 76-2-408(1)(f); or
1228 (v) have been requested for reclassification as a public record by a subject or
1229 authorized agent of a subject featured in the recording.
1230 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1231 records, statements, history, diagnosis, condition, treatment, and evaluation.
1232 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1233 doctors, or affiliated entities are not private records or controlled records under Section
1234 63G-2-304 when the records are sought:
1235 (i) in connection with any legal or administrative proceeding in which the patient's
1236 physical, mental, or emotional condition is an element of any claim or defense; or
1237 (ii) after a patient's death, in any legal or administrative proceeding in which any party
1238 relies upon the condition as an element of the claim or defense.
1239 (c) Medical records are subject to production in a legal or administrative proceeding
1240 according to state or federal statutes or rules of procedure and evidence as if the medical
1241 records were in the possession of a nongovernmental medical care provider.
1242 Section 16. Section 63I-2-262 is amended to read:
1243 63I-2-262. Repeal dates -- Title 62A.
1244 (1) Section 62A-4a-1003.5 relating to the Management Information System is repealed
1245 May 4, 2022.
1246 [
1247 [
1248 [
1249 [
1250 repealed January 1, 2023.
1251 Section 17. Section 76-7-205, which is renumbered from Section 62A-4a-711 is
1252 renumbered and amended to read:
1253
1254 [
1255 Penalty.
1256 (1) An individual or entity [
1257 unregulated custody transfer, as defined in Section 80-1-102[
1258 (2) A violation of Subsection (1) is a class B misdemeanor.
1259 Section 18. Section 78A-2-801 is amended to read:
1260 78A-2-801. Definitions.
1261 As used in this [
1262 (1) "Abuse, neglect, or dependency petition" means the same as that term is defined in
1263 Section 80-3-102.
1264 (2) "Attorney guardian ad litem" means an attorney employed by the office.
1265 (3) "Director" means the director of the office.
1266 (4) "Division" means the Division of Child and Family Services created in Section
1267 [
1268 (5) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
1269 guardian ad litem.
1270 (6) "Indigent individual" means the same as that term is defined in Section
1271 78B-22-102.
1272 (7) "Minor" means the same as that term is defined in Section 80-1-102.
1273 (8) "Office" means the Office of Guardian ad Litem created in Section 78A-2-802.
1274 (9) "Private attorney guardian ad litem" means an attorney designated by the office in
1275 accordance with Section 78A-2-705 who is not an employee of the office.
1276 Section 19. Section 78A-2-802 is amended to read:
1277 78A-2-802. Office of Guardian ad Litem -- Appointment of director -- Duties of
1278 director -- Contracts in second, third, and fourth districts.
1279 (1) There is created the Office of Guardian ad Litem under the direct supervision of the
1280 Guardian ad Litem Oversight Committee described in Subsection 78A-2-104(13).
1281 (2) (a) The Guardian ad Litem Oversight Committee shall appoint one individual to
1282 serve full time as the guardian ad litem director for the state.
1283 (b) The guardian ad litem director shall:
1284 (i) serve at the pleasure of the Guardian ad Litem Oversight Committee, in consultation
1285 with the state court administrator;
1286 (ii) be an attorney licensed to practice law in this state and selected on the basis of:
1287 (A) professional ability;
1288 (B) experience in abuse, neglect, and dependency proceedings;
1289 (C) familiarity with the role, purpose, and function of guardians ad litem in both
1290 juvenile and district courts; and
1291 (D) ability to develop training curricula and reliable methods for data collection and
1292 evaluation; and
1293 (iii) before or immediately after the director's appointment, be trained in nationally
1294 recognized standards for an attorney guardian ad litem.
1295 (3) The guardian ad litem director shall:
1296 (a) establish policy and procedure for the management of a statewide guardian ad litem
1297 program;
1298 (b) manage the guardian ad litem program to assure that a minor receives qualified
1299 guardian ad litem services in an abuse, neglect, [
1300 Chapter 3, Abuse, Neglect, and Dependency Proceedings, in accordance with state and federal
1301 law and policy;
1302 (c) develop standards for contracts of employment and contracts with independent
1303 contractors, and employ or contract with attorneys licensed to practice law in this state, to act
1304 as attorney guardians ad litem in accordance with Section 78A-2-803;
1305 (d) develop and provide training programs for volunteers in accordance with the United
1306 States Department of Justice National Court Appointed Special Advocates Association
1307 standards;
1308 (e) develop and update a guardian ad litem manual that includes:
1309 (i) best practices for an attorney guardian ad litem; and
1310 (ii) statutory and case law relating to an attorney guardian ad litem;
1311 (f) develop and provide a library of materials for the continuing education of attorney
1312 guardians ad litem and volunteers;
1313 (g) educate court personnel regarding the role and function of guardians ad litem;
1314 (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
1315 that guardian ad litem training programs correspond with actual and perceived needs for
1316 training;
1317 (i) design and implement evaluation tools based on specific objectives targeted in the
1318 needs assessments described in Subsection (3)(h);
1319 (j) prepare and submit an annual report to the Guardian ad Litem Oversight Committee
1320 and the Child Welfare Legislative Oversight Panel created in Section [
1321 regarding:
1322 (i) the development, policy, and management of the statewide guardian ad litem
1323 program;
1324 (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
1325 (iii) the number of minors served by the office;
1326 (k) hire, train, and supervise investigators; and
1327 (l) administer the program of private attorney guardians ad litem established [
1328 Section 78A-2-705.
1329 (4) A contract of employment or independent contract described [
1330 (3)(c) shall provide that an attorney guardian ad litem in the second, third, and fourth judicial
1331 districts devote the attorney guardian's ad litem full time and attention to the role of attorney
1332 guardian ad litem, having no clients other than the minors whose interest the attorney guardian
1333 ad litem represents within the guardian ad litem program.
1334 Section 20. Section 78A-2-803 is amended to read:
1335 78A-2-803. Appointment of attorney guardian ad litem -- Duties and
1336 responsibilities -- Training -- Trained staff and court-appointed special advocate
1337 volunteers -- Costs -- Immunity -- Annual report.
1338 (1) (a) The court:
1339 (i) may appoint an attorney guardian ad litem to represent the best interest of a minor
1340 involved in any case before the court; and
1341 (ii) shall consider the best interest of a minor, consistent with the provisions of Section
1342 [
1343 (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a
1344 finding that establishes the necessity of the appointment.
1345 (2) An attorney guardian ad litem shall represent the best interest of each minor who
1346 may become the subject of an abuse, neglect, or dependency petition from the earlier of:
1347 (a) the day on which the minor is removed from the minor's home by the division; or
1348 (b) the day on which the abuse, neglect, or dependency petition is filed.
1349 (3) The director shall ensure that each attorney guardian ad litem employed by the
1350 office:
1351 (a) represents the best interest of each client of the office in all venues, including:
1352 (i) court proceedings; and
1353 (ii) meetings to develop, review, or modify the child and family plan with the division
1354 in accordance with Section [
1355 (b) before representing any minor before the court, be trained in:
1356 (i) applicable statutory, regulatory, and case law; and
1357 (ii) nationally recognized standards for an attorney guardian ad litem;
1358 (c) conducts or supervises an ongoing, independent investigation in order to obtain,
1359 first-hand, a clear understanding of the situation and needs of the minor;
1360 (d) (i) personally meets with the minor, unless:
1361 (A) the minor is outside of the state; or
1362 (B) meeting with the minor would be detrimental to the minor;
1363 (ii) personally interviews the minor, unless:
1364 (A) the minor is not old enough to communicate;
1365 (B) the minor lacks the capacity to participate in a meaningful interview; or
1366 (C) the interview would be detrimental to the minor; and
1367 (iii) if the minor is placed in an out-of-home placement, or is being considered for
1368 placement in an out-of-home placement, unless it would be detrimental to the minor:
1369 (A) to the extent possible, determines the minor's goals and concerns regarding
1370 placement; and
1371 (B) personally assesses or supervises an assessment of the appropriateness and safety
1372 of the minor's environment in each placement;
1373 (e) personally attends all review hearings pertaining to the minor's case;
1374 (f) participates in all appeals, unless excused by order of the court;
1375 (g) is familiar with local experts who can provide consultation and testimony regarding
1376 the reasonableness and appropriateness of efforts made by the division to:
1377 (i) maintain a minor in the minor's home; or
1378 (ii) reunify a minor with a minor's parent;
1379 (h) to the extent possible, and unless it would be detrimental to the minor, personally
1380 or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
1381 (i) the status of the minor's case;
1382 (ii) all court and administrative proceedings;
1383 (iii) discussions with, and proposals made by, other parties;
1384 (iv) court action; and
1385 (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
1386 provided to the minor;
1387 (i) in cases where a child and family plan is required, personally or through a trained
1388 volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
1389 family plan and any dispositional orders to:
1390 (i) determine whether services ordered by the court:
1391 (A) are actually provided; and
1392 (B) are provided in a timely manner; and
1393 (ii) attempt to assess whether services ordered by the court are accomplishing the
1394 intended goal of the services; and
1395 (j) makes all necessary court filings to advance the guardian's ad litem position
1396 regarding the best interest of the minor.
1397 (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
1398 trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
1399 Act, trained paralegals, and other trained staff to assist in investigation and preparation of
1400 information regarding the cases of individual minors before the court.
1401 (b) A volunteer, paralegal, or other staff utilized under this section shall be trained in
1402 and follow, at a minimum, the guidelines established by the United States Department of
1403 Justice Court Appointed Special Advocate Association.
1404 (5) The attorney guardian ad litem shall continue to represent the best interest of the
1405 minor until released from that duty by the court.
1406 (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
1407 (i) all costs resulting from the appointment of an attorney guardian ad litem; and
1408 (ii) the costs of volunteer, paralegal, and other staff appointment and training.
1409 (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
1410 program to cover the costs described in Subsection (6)(a).
1411 (c) (i) When the court appoints an attorney guardian ad litem under this section, the
1412 court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
1413 expenses against the minor's parents, parent, or legal guardian in a proportion that the court
1414 determines to be just and appropriate, taking into consideration costs already borne by the
1415 parents, parent, or legal guardian, including:
1416 (A) private attorney fees;
1417 (B) counseling for the minor;
1418 (C) counseling for the parent, if mandated by the court or recommended by the
1419 division; and
1420 (D) any other cost the court determines to be relevant.
1421 (ii) The court may not assess the fees or costs described in Subsection (6)(c)(i) against:
1422 (A) a legal guardian, when that guardian is the state; or
1423 (B) consistent with Subsection (6)(d), a parent who is found to be an indigent
1424 individual.
1425 (d) For purposes of Subsection (6)(c)(ii)(B), if an individual claims to be an indigent
1426 individual, the court shall:
1427 (i) require the individual to submit an affidavit of indigence as provided in Section
1428 78A-2-302; and
1429 (ii) follow the procedures and make the determinations as provided in Section
1430 78A-2-304.
1431 (e) The minor's parents, parent, or legal guardian may appeal the court's determination,
1432 under Subsection (6)(c), of fees, costs, and expenses.
1433 (7) An attorney guardian ad litem appointed under this section, when serving in the
1434 scope of the attorney guardian's ad litem duties as guardian ad litem is considered an employee
1435 of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
1436 Immunity Act of Utah.
1437 (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
1438 (b) If the minor's wishes differ from the attorney's determination of the minor's best
1439 interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
1440 addition to presenting the attorney's determination of the minor's best interest.
1441 (c) A difference between the minor's wishes and the attorney's determination of best
1442 interest may not be considered a conflict of interest for the attorney.
1443 (d) The guardian ad litem shall disclose the wishes of the minor unless the minor:
1444 (i) instructs the guardian ad litem to not disclose the minor's wishes; or
1445 (ii) has not expressed any wishes.
1446 (e) The court may appoint one attorney guardian ad litem to represent the best interests
1447 of more than one minor of a marriage.
1448 (9) The division shall provide an attorney guardian ad litem access to all division
1449 records regarding the minor at issue and the minor's family.
1450 (10) (a) An attorney guardian ad litem shall conduct an independent investigation
1451 regarding the minor at issue, the minor's family, and what is in the best interest of the minor.
1452 (b) An attorney guardian ad litem may interview the minor's child welfare [
1453 caseworker, but may not:
1454 (i) rely exclusively on the conclusions and findings of the division; or
1455 (ii) except as provided in Subsection (10)(c), conduct a visit with the client in
1456 conjunction with the visit of a child welfare [
1457 (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,
1458 court hearing, or similar venue when a child welfare [
1459 purpose other than the attorney guardian ad litem's meeting with the client.
1460 (ii) A party and the party's counsel may attend a team meeting in accordance with the
1461 Utah Rules of Professional Conduct.
1462 (11) (a) An attorney guardian ad litem shall maintain current and accurate records
1463 regarding:
1464 (i) the number of times the attorney has had contact with each minor; and
1465 (ii) the actions the attorney has taken in representation of the minor's best interest.
1466 (b) In every hearing where the attorney guardian ad litem makes a recommendation
1467 regarding the best interest of the minor, the court shall require the attorney guardian ad litem to
1468 disclose the factors that form the basis of the recommendation.
1469 (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
1470 Chapter 2, Government Records Access and Management Act, all records of an attorney
1471 guardian ad litem are confidential and may not be released or made public upon subpoena,
1472 search warrant, discovery proceedings, or otherwise.
1473 (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
1474 (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
1475 Subpoena Powers; and
1476 (ii) shall be released to the Legislature.
1477 (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
1478 records released in accordance with Subsection (12)(b) as confidential.
1479 (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
1480 General may include summary data and nonidentifying information in the office's audits and
1481 reports to the Legislature.
1482 (d) (i) Subsection (12)(b) is an exception to Rules of Professional Conduct, Rule 1.6,
1483 as provided by Rule 1.6(b)(4), because of:
1484 (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
1485 (B) the state's role and responsibility to provide a guardian ad litem program, and as
1486 parens patriae, to protect minors.
1487 (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
1488 guardian ad litem by the Legislature, through legislative subpoena.
1489 Section 21. Section 78A-6-351 is amended to read:
1490 78A-6-351. Summons -- Service and process -- Issuance and contents -- Notice to
1491 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
1492 process for attendance of witnesses when authorized.
1493 (1) (a) After a petition is filed in the juvenile court, the juvenile court shall promptly
1494 issue a summons, unless the juvenile court directs that a further investigation is needed.
1495 (b) A summons is not required for a person who:
1496 (i) appears voluntarily; or
1497 (ii) files a written waiver of service with the clerk of the court at or before the hearing.
1498 (2) A summons under Subsection (1)(a) shall contain:
1499 (a) the name of the court;
1500 (b) the title of the proceedings; and
1501 (c) except for a published summons, a brief statement of the substance of the
1502 allegations in the petition.
1503 (3) A published summons shall state:
1504 (a) that a proceeding concerning the minor is pending in the court; and
1505 (b) an adjudication will be made.
1506 (4) (a) [
1507 (i) a minor to appear personally in the juvenile court at a time and place stated; or
1508 (ii) if a person who has physical custody of the minor, for the person to:
1509 (A) appear personally; and
1510 (B) bring the minor before the court at a time and place stated.
1511 (b) If the minor is a child and a person summoned is not the parent or guardian of the
1512 minor, the juvenile court shall issue the summons to the minor's parent or guardian, as the case
1513 may be, notifying the parent or guardian of the pendency of the case and of the time and place
1514 set for the hearing.
1515 (5) A summons may be issued requiring the appearance of any other person whose
1516 presence the juvenile court finds necessary.
1517 (6) If it appears to the juvenile court that the welfare of the minor or of the public
1518 requires that the minor be taken into temporary custody under Section 80-6-201 or protective
1519 custody under Section [
1520 80-6-202, the court may by endorsement upon the summons direct that the person serving the
1521 summons take the minor into custody at once.
1522 (7) (a) Upon the sworn testimony of one or more reputable physicians, the juvenile
1523 court may order emergency medical or surgical treatment that is immediately necessary for a
1524 minor for whom a petition has been filed pending the service of summons upon the minor's
1525 parent, guardian, or custodian.
1526 (b) If the juvenile court orders emergency medical or surgical treatment:
1527 (i) if a petition for delinquency has been filed under Section 80-6-305, Subsection
1528 80-6-706(4) shall apply to the juvenile court's decision to order treatment;
1529 (ii) if a petition has been filed under Section 80-3-201, Subsection 80-3-109(3) shall
1530 apply to the juvenile court's decision to order treatment; or
1531 (iii) if a petition has been filed under Section 80-4-201, Subsection 80-4-108(4) shall
1532 apply to the juvenile court's decision to order treatment.
1533 (8) (a) A minor is entitled to the issuance of compulsory process for the attendance of
1534 witnesses on the minor's own behalf.
1535 (b) A minor's parent or guardian is entitled to the issuance of compulsory process for
1536 the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor.
1537 (c) A guardian ad litem or a juvenile probation officer is entitled to compulsory process
1538 for the attendance of witnesses on behalf of the minor.
1539 (9) Service of summons and process and proof of service shall be made in the manner
1540 provided in the Utah Rules of Juvenile Procedure.
1541 (10) (a) Service of summons or process shall be made by the sheriff of the county
1542 where the service is to be made, or by the sheriff's deputy.
1543 (b) Notwithstanding Subsection (10)(a), upon request of the juvenile court, service
1544 shall be made by any other peace officer or by another suitable person selected by the court.
1545 (11) Service of summons in the state shall be made personally, by delivering a copy to
1546 the person summoned, except that the parents of a child living together at the parents' usual
1547 place of abode may both be served by personal delivery with one copy of the summons for each
1548 parent.
1549 (12) (a) If the juvenile court makes a written finding that the juvenile court has reason
1550 to believe that personal service of the summons will be unsuccessful, or will not accomplish
1551 notification within a reasonable time after issuance of the summons, the juvenile court may
1552 order service by registered mail, with a return receipt to be signed by the addressee only, to be
1553 addressed to the last-known address of the person to be served in the state.
1554 (b) Service is complete upon return to the juvenile court of the signed receipt.
1555 (13) (a) If the child's parent or guardian required to be summoned under Subsection (4)
1556 cannot be found within the state, the fact of the child's presence within the state shall confer
1557 jurisdiction on the juvenile court in proceedings in a child's case [
1558 absent parent or guardian when:
1559 (i) [
1560 the parent or guardian a copy of the summons by registered mail with a return receipt to be
1561 signed by the addressee only, or by personal service outside the state, as provided in the Utah
1562 Rules of Juvenile Procedure; or
1563 (ii) [
1564 after diligent inquiry be ascertained, due notice is given by publishing a summons:
1565 (A) in a newspaper having general circulation in the county in which the proceeding is
1566 pending once a week for four successive weeks; or
1567 (B) in accordance with Section 45-1-101 for four weeks.
1568 (b) (i) If service is by registered mail under Subsection (13)(a)(i), service is complete
1569 upon return to the juvenile court of the signed receipt.
1570 (ii) If service is by publication under Subsection (13)(a)(ii), service is complete on the
1571 day of the last publication.
1572 (c) Service of summons as provided in this Subsection (13) shall vest the court with
1573 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
1574 the person served was served personally within the state.
1575 (14) (a) In the case of service in the state, service completed not less than 48 hours
1576 before the time set in the summons for the appearance of the person served, shall be sufficient
1577 to confer jurisdiction.
1578 (b) In the case of service outside the state, service completed not less than five days
1579 before the time set in the summons for appearance of the person served, shall be sufficient to
1580 confer jurisdiction.
1581 (15) Computation of periods of time under this chapter and Title 80, Utah Juvenile
1582 Code, shall be made in accordance with Utah Rules of Juvenile Procedure, Rule 4.
1583 Section 22. Section 78A-6-356 is amended to read:
1584 78A-6-356. Child support obligation when custody of a child is vested in an
1585 individual or institution.
1586 (1) As used in this section:
1587 (a) "Office" means the Office of Recovery Services.
1588 (b) "State custody" means that a child is in the custody of a state department, division,
1589 or agency, including secure care.
1590 (2) Under this section, a juvenile court may not issue a child support order against an
1591 individual unless:
1592 (a) the individual is served with notice that specifies the date and time of a hearing to
1593 determine the financial support of a specified child;
1594 (b) the individual makes a voluntary appearance; or
1595 (c) the individual submits a waiver of service.
1596 (3) Except as provided in Subsection (11), when a juvenile court places a child in state
1597 custody or if the guardianship of the child has been granted to another party and an agreement
1598 for a guardianship subsidy has been signed by the guardian, the juvenile court:
1599 (a) shall order the child's parent, guardian, or other obligated individual to pay child
1600 support for each month the child is in state custody or cared for under a grant of guardianship;
1601 (b) shall inform the child's parent, guardian, or other obligated individual, verbally and
1602 in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,
1603 Utah Child Support Act; and
1604 (c) may refer the establishment of a child support order to the office.
1605 (4) When a juvenile court chooses to refer a case to the office to determine support
1606 obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
1607 juvenile court shall:
1608 (a) make the referral within three working days after the day on which the juvenile
1609 court holds the hearing described in Subsection (2)(a); and
1610 (b) inform the child's parent, guardian, or other obligated individual of:
1611 (i) the requirement to contact the office within 30 days after the day on which the
1612 juvenile court holds the hearing described in Subsection (2)(a); and
1613 (ii) the penalty described in Subsection (6) for failure to contact the office.
1614 (5) Liability for child support ordered under Subsection (3) shall accrue:
1615 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
1616 the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child
1617 support order for the child; or
1618 (b) beginning on the day the child is removed from the child's home, including time
1619 spent in detention or sheltered care, if the child is removed after having been returned to the
1620 child's home from state custody.
1621 (6) (a) If the child's parent, guardian, or other obligated individual contacts the office
1622 within 30 days after the day on which the court holds the hearing described in Subsection
1623 (2)(a), the child support order may not include a judgment for past due support for more than
1624 two months.
1625 (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
1626 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
1627 (3) if:
1628 (i) the court informs the child's parent, guardian, or other obligated individual, as
1629 described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to
1630 contact the office within 30 days after the day on which the court holds the hearing described in
1631 Subsection (2)(a); and
1632 (ii) the office took reasonable steps under the circumstances to contact the child's
1633 parent, guardian, or other obligated individual within 30 days after the last day on which the
1634 parent, guardian, or other obligated individual was required to contact the office to facilitate the
1635 establishment of a child support order.
1636 (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
1637 reasonable steps if the office:
1638 (i) has a signed, returned receipt for a certified letter mailed to the address of the child's
1639 parent, guardian, or other obligated individual regarding the requirement that a child support
1640 order be established; or
1641 (ii) has had a documented conversation, whether by telephone or in person, with the
1642 child's parent, guardian, or other obligated individual regarding the requirement that a child
1643 support order be established.
1644 (7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a
1645 payment schedule or demanding payment in full.
1646 (8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
1647 individual shall pay the child support to the office.
1648 (b) The clerk of the juvenile court, the office, or the [
1649 department and the department's divisions shall have authority to receive periodic payments for
1650 the care and maintenance of the child, such as social security payments or railroad retirement
1651 payments made in the name of or for the benefit of the child.
1652 (9) An existing child support order payable to a parent or other individual shall be
1653 assigned to the [
1654 62A-1-117.
1655 (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
1656 the juvenile court in an individual.
1657 (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
1658 court may order the child's parent, guardian, or other obligated individual to pay child support
1659 to the individual in whom custody is vested.
1660 (ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
1661 or other obligated individual, verbally and in writing, of the requirement to pay child support in
1662 accordance with Title 78B, Chapter 12, Utah Child Support Act.
1663 (11) The juvenile court may not order an individual to pay child support for a child in
1664 state custody if:
1665 (a) the individual's only form of income is a government-issued disability benefit;
1666 (b) the benefit described in Subsection (11)(a) is issued because of the individual's
1667 disability, and not the child's disability; and
1668 (c) the individual provides the juvenile court and the office evidence that the individual
1669 meets the requirements of Subsections (11)(a) and (b).
1670 (12) (a) The child's parent or another obligated individual is not responsible for child
1671 support for the period of time that the child is removed from the child's home by the Division
1672 of Child and Family Services if:
1673 (i) the juvenile court finds that there were insufficient grounds for the removal of the
1674 child; and
1675 (ii) the child is returned to the home of the child's parent or guardian based on the
1676 finding described in Subsection (12)(a)(i).
1677 (b) If the juvenile court finds insufficient grounds for the removal of the child under
1678 Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
1679 that the child's parent or another obligated individual is responsible for child support beginning
1680 on the day on which it became improper to return the child to the home of the child's parent or
1681 guardian.
1682 [
1683 support obligation ordered under Subsection (3), the office shall waive the obligation without
1684 further order of the juvenile court if:
1685 (a) the individual's child support obligation is established under Subsection
1686 78B-12-205(6) or Section 78B-12-302; or
1687 (b) the individual's only source of income is a means-tested, income replacement
1688 payment of aid, including:
1689 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
1690 Program; or
1691 (ii) cash benefits received under General Assistance, social security income, or social
1692 security disability income.
1693 Section 23. Section 78A-6-357 is amended to read:
1694 78A-6-357. New hearings -- Modification of order or decree -- Requirements for
1695 changing or terminating custody, probation, or protective supervision.
1696 (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile
1697 Code, [
1698 Procedure shall govern the matter of granting a new hearing.
1699 (2) (a) Except as provided in Subsection (3), a juvenile court may modify or set aside
1700 any order or decree made by the juvenile court.
1701 (b) A modification of an order placing a minor on probation may not:
1702 (i) include an order under Section 80-3-405, 80-6-703, 80-6-704, or 80-6-705; or
1703 (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
1704 (3) (a) A parent or guardian of a child whose legal custody has been transferred by the
1705 juvenile court to an individual, agency, or institution may petition the juvenile court for
1706 restoration of custody or other modification or revocation of the juvenile court's order or
1707 decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody
1708 for secure care.
1709 (b) A parent or guardian may only petition the juvenile court under Subsection (3)(a)
1710 on the ground that a change of circumstances has occurred that requires modification or
1711 revocation in the best interest of the child or the public.
1712 (c) A parent may not file a petition after the parent's parental rights have been
1713 terminated in accordance with Title 80, Chapter 4, Termination and Restoration of Parental
1714 Rights.
1715 (d) A parent may not file a petition for restoration of custody under this section during
1716 the existence of a permanent guardianship established for the child under Subsection
1717 80-3-405(2)(d).
1718 (4) (a) An individual, agency, or institution vested with legal custody of a child may
1719 petition the juvenile court for a modification of the custody order on the ground that the change
1720 is necessary for the welfare of the child or in the public interest.
1721 (b) The juvenile court shall proceed upon the petition in accordance with this section.
1722 (5) Notice of hearing is required in any case in which the effect of modifying or setting
1723 aside an order or decree may be to make any change in the minor's legal custody under Section
1724 80-3-405 or 80-6-703.
1725 (6) (a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall
1726 make a preliminary investigation.
1727 (b) After the preliminary investigation described in Subsection (6)(a), the juvenile
1728 court:
1729 (i) may dismiss the petition if the juvenile court finds the alleged change of
1730 circumstances, if proved, would not affect the decree; or
1731 (ii) shall conduct a hearing, if the juvenile court finds that further examination of the
1732 facts is needed, or if the juvenile court on the juvenile court's own motion determines that the
1733 juvenile court's order or decree should be reviewed.
1734 (c) Notice of the hearing described in Subsection (6)(b)(ii) shall be given to all
1735 interested persons.
1736 (d) At a hearing under Subsection (6)(b)(ii), the juvenile court may enter an order
1737 continuing, modifying, or terminating the juvenile court's order or decree.
1738 (7) Notice of an order terminating probation or protective supervision of a child shall
1739 be given to [
1740 (a) the child's parent;
1741 (b) the child's guardian;
1742 (c) the child's custodian; and
1743 (d) [
1744 (8) Notice of an order terminating probation or protective supervision of a minor who
1745 is at least 18 years old shall be given to the minor.
1746 Section 24. Section 80-1-102 is amended to read:
1747 80-1-102. Juvenile code definitions.
1748 [
1749 (1) (a) "Abuse" means:
1750 (i) (A) nonaccidental harm of a child;
1751 (B) threatened harm of a child;
1752 (C) sexual exploitation;
1753 (D) sexual abuse; or
1754 (E) human trafficking of a child in violation of Section 76-5-308.5; or
1755 (ii) that a child's natural parent:
1756 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1757 child;
1758 (B) is identified by a law enforcement agency as the primary suspect in an investigation
1759 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
1760 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1761 recklessly causing the death of another parent of the child.
1762 (b) "Abuse" does not include:
1763 (i) reasonable discipline or management of a child, including withholding privileges;
1764 (ii) conduct described in Section 76-2-401; or
1765 (iii) the use of reasonable and necessary physical restraint or force on a child:
1766 (A) in self-defense;
1767 (B) in defense of others;
1768 (C) to protect the child; or
1769 (D) to remove a weapon in the possession of a child for any of the reasons described in
1770 Subsections (1)(b)(iii)(A) through (C).
1771 (2) "Abused child" means a child who has been subjected to abuse.
1772 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
1773 facts alleged in the petition have been proved.
1774 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
1775 with Section 80-6-402.
1776 (4) (a) "Adult" means an individual who is 18 years old or older.
1777 (b) "Adult" does not include an individual:
1778 (i) who is 18 years old or older; and
1779 (ii) who is a minor.
1780 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
1781 78A-2-801.
1782 (6) "Board" means the Board of Juvenile Court Judges.
1783 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under
1784 18 years old.
1785 (8) "Child and family plan" means a written agreement between a child's parents or
1786 guardian and the Division of Child and Family Services as described in Section [
1787 80-3-307.
1788 [
1789 [
1790
1791 [
1792
1793 (9) "Child placing" means the same as that term is defined in Section 62A-2-101.
1794 (10) "Child-placing agency" means the same as that term is defined in Section
1795 62A-2-101.
1796 (11) "Child protection team" means a team consisting of:
1797 (a) the child welfare caseworker assigned to the case;
1798 (b) if applicable, the child welfare caseworker who made the decision to remove the
1799 child;
1800 (c) a representative of the school or school district where the child attends school;
1801 (d) if applicable, the law enforcement officer who removed the child from the home;
1802 (e) a representative of the appropriate Children's Justice Center, if one is established
1803 within the county where the child resides;
1804 (f) if appropriate, and known to the division, a therapist or counselor who is familiar
1805 with the child's circumstances;
1806 (g) if appropriate, a representative of law enforcement selected by the chief of police or
1807 sheriff in the city or county where the child resides; and
1808 (h) any other individuals determined appropriate and necessary by the team coordinator
1809 and chair.
1810 (12) (a) "Chronic abuse" means repeated or patterned abuse.
1811 (b) "Chronic abuse" does not mean an isolated incident of abuse.
1812 (13) (a) "Chronic neglect" means repeated or patterned neglect.
1813 (b) "Chronic neglect" does not mean an isolated incident of neglect.
1814 [
1815 in Section 58-37d-3.
1816 [
1817 (a) with respect to a child, to transfer legal custody; and
1818 (b) with respect to a minor who is at least 18 years old, to transfer custody.
1819 [
1820 nonresidential program, designated to supervise and rehabilitate juvenile offenders, that
1821 prioritizes the least restrictive setting, consistent with public safety, and operated by or under
1822 contract with the Division of Juvenile Justice Services.
1823 [
1824 community-based program described in Section 80-5-402.
1825 [
1826 (a) a county jail; or
1827 (b) a secure correctional facility as defined in Section 64-13-1.
1828 [
1829 associated with a minor's likelihood of reoffending.
1830 [
1831 62A-1-102.
1832 [
1833 care through no fault of the child's parent, guardian, or custodian.
1834 [
1835 court from a parent or a previous custodian to another person, agency, or institution.
1836 [
1837 (24) "Detention facility" means a facility, established by the Division of Juvenile
1838 Justice Services in accordance with Section 80-6-501, for minors held in detention.
1839 [
1840 under Section 80-5-203 that:
1841 (a) assesses a minor's risk of failing to appear in court or reoffending before
1842 adjudication; and
1843 (b) is designed to assist in making a determination of whether a minor shall be held in
1844 detention.
1845 [
1846 more domains that manifests as a functional limitation in the minor's present ability to:
1847 (a) consult with counsel with a reasonable degree of rational understanding; and
1848 (b) have a rational as well as factual understanding of the proceedings.
1849 [
1850 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
1851 [
1852 education violation under Section 53G-6-202, the parent or guardian fails to make a good faith
1853 effort to ensure that the child receives an appropriate education.
1854 [
1855 (a) obtained at a substance abuse program that is approved by the Division of
1856 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1857 (b) designed to prevent substance use or the onset of a mental health disorder.
1858 [
1859 [
1860 randomized control studies or a meta-analysis demonstrating that the program or practice is
1861 effective for a specific population or has been rated as effective by a standardized program
1862 evaluation tool.
1863 [
1864 77-15-2.
1865 [
1866 (a) supervised in the community by, and reports to, a juvenile probation officer or an
1867 agency designated by the juvenile court; and
1868 (b) subject to return to the juvenile court in accordance with Section 80-6-607.
1869 [
1870 of one or more individuals in the group, depending upon the recommendation of the therapist.
1871 [
1872 regarding a minor, including the authority to consent to:
1873 (a) marriage;
1874 (b) enlistment in the armed forces;
1875 (c) major medical, surgical, or psychiatric treatment; or
1876 (d) legal custody, if legal custody is not vested in another individual, agency, or
1877 institution.
1878 [
1879 78A-2-801.
1880 [
1881 (a) physical or developmental injury or damage;
1882 (b) emotional damage that results in a serious impairment in the child's growth,
1883 development, behavior, or psychological functioning;
1884 (c) sexual abuse; or
1885 (d) sexual exploitation.
1886 [
1887 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
1888 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
1889 the Division of Juvenile Justice Services or the juvenile court; or
1890 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
1891 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
1892 custodian, under terms and conditions established by the Division of Juvenile Justice Services
1893 or the juvenile court.
1894 [
1895 the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1896 nephew, niece, or first cousin.
1897 (b) "Incest" includes:
1898 (i) blood relationships of the whole or half blood, without regard to legitimacy;
1899 (ii) relationships of parent and child by adoption; and
1900 (iii) relationships of stepparent and stepchild while the marriage creating the
1901 relationship of a stepparent and stepchild exists.
1902 [
1903 1903.
1904 [
1905 1903.
1906 [
1907 in Section 78B-22-102.
1908 [
1909 Section 78B-22-102.
1910 [
1911 78B-22-102.
1912 [
1913 (i) monitored by a juvenile probation officer; and
1914 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
1915 (b) "Intake probation" does not include formal probation.
1916 [
1917 functioning existing concurrently with deficits in adaptive behavior that constitutes a
1918 substantial limitation to the individual's ability to function in society.
1919 [
1920 (a) a serious youth offender; or
1921 (b) a youth offender.
1922 [
1923 Section 78A-6-205.
1924 [
1925 established by the Division of Juvenile Justice Services, or under contract with the Division of
1926 Juvenile Justice Services, that is responsible for minors taken into temporary custody under
1927 Section 80-6-201.
1928 [
1929 (a) the right to physical custody of the minor;
1930 (b) the right and duty to protect, train, and discipline the minor;
1931 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1932 medical care;
1933 (d) the right to determine where and with whom the minor shall live; and
1934 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1935 (51) "Licensing Information System" means the Licensing Information System
1936 maintained by the Division of Child and Family Services under Section 80-2-1002.
1937 (52) "Management Information System" means the Management Information System
1938 developed by the Division of Child and Family Services under Section 80-2-1001.
1939 [
1940 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1941 behavioral, or related functioning; or
1942 (b) the same as that term is defined in:
1943 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1944 published by the American Psychiatric Association; or
1945 (ii) the current edition of the International Statistical Classification of Diseases and
1946 Related Health Problems.
1947 [
1948 80-7-102:
1949 (a) a child; or
1950 (b) an individual:
1951 (i) (A) who is at least 18 years old and younger than 21 years old; and
1952 (B) for whom the Division of Child and Family Services has been specifically ordered
1953 by the juvenile court to provide services because the individual was an abused, neglected, or
1954 dependent child or because the individual was adjudicated for an offense; or
1955 (ii) (A) who is at least 18 years old and younger than 25 years old; and
1956 (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
1957 6, Juvenile Justice.
1958 [
1959 Section 62A-15-102.
1960 [
1961 the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
1962 child, or the breast of a female child, or takes indecent liberties with a child as defined in
1963 Section 76-5-416.
1964 [
1965 minor's biological or adoptive parent.
1966 (b) "Natural parent" includes the minor's noncustodial parent.
1967 [
1968 (i) abandonment of a child, except as provided in [
1969
1970 Child;
1971 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
1972 guardian, or custodian;
1973 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
1974 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
1975 well-being;
1976 (iv) a child to be at risk of being neglected or abused because another child in the same
1977 home is neglected or abused;
1978 (v) abandonment of a child through an unregulated custody transfer; or
1979 (vi) educational neglect.
1980 (b) "Neglect" does not include:
1981 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1982 reason, does not provide specified medical treatment for a child;
1983 (ii) a health care decision made for a child by the child's parent or guardian, unless the
1984 state or other party to a proceeding shows, by clear and convincing evidence, that the health
1985 care decision is not reasonable and informed;
1986 (iii) a parent or guardian exercising the right described in Section 80-3-304; or
1987 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
1988 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
1989 including:
1990 (A) traveling to and from school, including by walking, running, or bicycling;
1991 (B) traveling to and from nearby commercial or recreational facilities;
1992 (C) engaging in outdoor play;
1993 (D) remaining in a vehicle unattended, except under the conditions described in
1994 Subsection 76-10-2202(2);
1995 (E) remaining at home unattended; or
1996 (F) engaging in a similar independent activity.
1997 [
1998 [
1999 probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
2000 consent in writing of:
2001 (a) the assigned juvenile probation officer; and
2002 (b) (i) the minor; or
2003 (ii) the minor and the minor's parent, [
2004 [
2005 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
2006 (a) understand the nature of the proceedings against the minor or of the potential
2007 disposition for the offense charged; or
2008 (b) consult with counsel and participate in the proceedings against the minor with a
2009 reasonable degree of rational understanding.
2010 [
2011 in secure care to live outside of secure care under the supervision of the Division of Juvenile
2012 Justice Services, or another person designated by the Division of Juvenile Justice Services.
2013 [
2014 child.
2015 [
2016 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
2017 home under prescribed conditions.
2018 (b) "Probation" includes intake probation or formal probation.
2019 [
2020 (a) the attorney general and any assistant attorney general;
2021 (b) any district attorney or deputy district attorney;
2022 (c) any county attorney or assistant county attorney; and
2023 (d) any other attorney authorized to commence an action on behalf of the state.
2024 [
2025 and Family Services from the time the child is removed from the home until the earlier of:
2026 (a) the day on which the shelter hearing is held under Section 80-3-301; or
2027 (b) the day on which the child is returned home.
2028 (67) "Protective services" means expedited services that are provided:
2029 (a) in response to evidence of neglect, abuse, or dependency of a child;
2030 (b) to a cohabitant who is neglecting or abusing a child, in order to:
2031 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
2032 causes of neglect or abuse; and
2033 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
2034 (c) in cases where the child's welfare is endangered:
2035 (i) to bring the situation to the attention of the appropriate juvenile court and law
2036 enforcement agency;
2037 (ii) to cause a protective order to be issued for the protection of the child, when
2038 appropriate; and
2039 (iii) to protect the child from the circumstances that endanger the child's welfare
2040 including, when appropriate:
2041 (A) removal from the child's home;
2042 (B) placement in substitute care; and
2043 (C) petitioning the court for termination of parental rights.
2044 [
2045 following an adjudication on the ground of abuse, neglect, or dependency, whereby:
2046 (a) the minor is permitted to remain in the minor's home; and
2047 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2048 by an agency designated by the juvenile court.
2049 [
2050 (i) is found to be closely related to intellectual disability;
2051 (ii) results in impairment of general intellectual functioning or adaptive behavior
2052 similar to that of an intellectually disabled individual;
2053 (iii) is likely to continue indefinitely; and
2054 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2055 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2056 serious emotional or behavioral disturbance.
2057 [
2058 remaining with a parent after legal custody or guardianship, or both, have been vested in
2059 another person or agency, including:
2060 (i) the responsibility for support;
2061 (ii) the right to consent to adoption;
2062 (iii) the right to determine the child's religious affiliation; and
2063 (iv) the right to reasonable parent-time unless restricted by the court.
2064 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2065 right to consent to:
2066 (i) marriage;
2067 (ii) enlistment; and
2068 (iii) major medical, surgical, or psychiatric treatment.
2069 [
2070 leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the
2071 child, without permission.
2072 [
2073 Division of Juvenile Justice Services for rehabilitation, in a facility operated by, or under
2074 contract with, the Division of Juvenile Justice Services, that provides 24-hour supervision and
2075 confinement of the minor.
2076 [
2077 Section 80-5-503, for juvenile offenders in secure care.
2078 [
2079 custody in a physically restricting facility operated by, or under contract with, the Division of
2080 Juvenile Justice Services:
2081 (a) before disposition of an offense that is alleged to have been committed by the
2082 minor; or
2083 (b) under Section 80-6-704.
2084 [
2085 (a) is at least 14 years old, but under 25 years old;
2086 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2087 of the juvenile court was extended over the individual's case until the individual was 25 years
2088 old in accordance with Section 80-6-605; and
2089 (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
2090 secure care under Sections 80-6-703 and 80-6-705.
2091 [
2092 to a child.
2093 [
2094 harm to a child.
2095 (78) (a) "Severe type of child abuse or neglect" means, except as provided in
2096 Subsection (78)(b):
2097 (i) if committed by an individual who is 18 years old or older:
2098 (A) chronic abuse;
2099 (B) severe abuse;
2100 (C) sexual abuse;
2101 (D) sexual exploitation;
2102 (E) abandonment;
2103 (F) chronic neglect; or
2104 (G) severe neglect; or
2105 (ii) if committed by an individual who is under 18 years old:
2106 (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another
2107 child that indicates a significant risk to other children; or
2108 (B) sexual behavior with or upon another child that indicates a significant risk to other
2109 children.
2110 (b) "Severe type of child abuse or neglect" does not include:
2111 (i) the use of reasonable and necessary physical restraint by an educator in accordance
2112 with Subsection 53G-8-302(2) or Section 76-2-401;
2113 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
2114 use of reasonable and necessary physical restraint or force in self-defense or otherwise
2115 appropriate to the circumstances to obtain possession of a weapon or other dangerous object in
2116 the possession or under the control of a child or to protect the child or another individual from
2117 physical injury; or
2118 (iii) a health care decision made for a child by a child's parent or guardian, unless,
2119 subject to Subsection (78)(c), the state or other party to the proceeding shows, by clear and
2120 convincing evidence, that the health care decision is not reasonable and informed.
2121 (c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
2122 right to obtain a second health care opinion.
2123 [
2124 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2125 adult directed towards a child;
2126 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2127 committed by a child towards another child if:
2128 (i) there is an indication of force or coercion;
2129 (ii) the children are related, as described in Subsection [
2130 by marriage while the marriage exists or by adoption;
2131 (iii) there have been repeated incidents of sexual contact between the two children,
2132 unless the children are 14 years old or older; or
2133 (iv) there is a disparity in chronological age of four or more years between the two
2134 children;
2135 (c) engaging in any conduct with a child that would constitute an offense under any of
2136 the following, regardless of whether the individual who engages in the conduct is actually
2137 charged with, or convicted of, the offense:
2138 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2139 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2140 (ii) child bigamy, Section 76-7-101.5;
2141 (iii) incest, Section 76-7-102;
2142 (iv) lewdness, Section 76-9-702;
2143 (v) sexual battery, Section 76-9-702.1;
2144 (vi) lewdness involving a child, Section 76-9-702.5; or
2145 (vii) voyeurism, Section 76-9-702.7; or
2146 (d) subjecting a child to participate in or threatening to subject a child to participate in
2147 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2148 marriage.
2149 [
2150 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2151 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2152 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2153 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2154 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2155 material depicting a child:
2156 (i) in the nude, for the purpose of sexual arousal of any individual; or
2157 (ii) engaging in sexual or simulated sexual conduct; or
2158 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2159 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2160 is actually charged with, or convicted of, the offense.
2161 [
2162 facility pending a disposition or transfer to another jurisdiction.
2163 [
2164
2165 (83) "Significant risk" means a risk of harm that is determined to be significant in
2166 accordance with risk assessment tools and rules established by the Division of Child and
2167 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2168 Act, that focus on:
2169 (a) age;
2170 (b) social factors;
2171 (c) emotional factors;
2172 (d) sexual factors;
2173 (e) intellectual factors;
2174 (f) family risk factors; and
2175 (g) other related considerations.
2176 [
2177 76-1-401.
2178 [
2179 age of the offender.
2180 [
2181 misuse or excessive use of alcohol or other drugs or substances.
2182 [
2183 [
2184 (87) "Substantiated" or "substantiation" means a judicial finding based on a
2185 preponderance of the evidence, and separate consideration of each allegation made or identified
2186 in the case, that abuse, neglect, or dependency occurred .
2187 (88) "Substitute care" means:
2188 (a) the placement of a minor in a family home, group care facility, or other placement
2189 outside the minor's own home, either at the request of a parent or other responsible relative, or
2190 upon court order, when it is determined that continuation of care in the minor's own home
2191 would be contrary to the minor's welfare;
2192 (b) services provided for a minor in the protective custody of the Division of Child and
2193 Family Services, or a minor in the temporary custody or custody of the Division of Child and
2194 Family Services, as those terms are defined in Section 80-3-102; or
2195 (c) the licensing and supervision of a substitute care facility.
2196 (89) "Supported" means a finding by the Division of Child and Family Services based
2197 on the evidence available at the completion of an investigation, and separate consideration of
2198 each allegation made or identified during the investigation, that there is a reasonable basis to
2199 conclude that abuse, neglect, or dependency occurred.
2200 [
2201 parental rights and duties, including residual parental rights and duties, by court order.
2202 [
2203 (a) an individual employed by a state division or agency for the purpose of conducting
2204 psychological treatment and counseling of a minor in the division's or agency's custody; or
2205 (b) any other individual licensed or approved by the state for the purpose of conducting
2206 psychological treatment and counseling.
2207 [
2208 indicating that the child is at an unreasonable risk of harm or neglect.
2209 [
2210 conflict:
2211 (a) results in behavior that is beyond the control or ability of the child, or the parent or
2212 guardian, to manage effectively;
2213 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
2214 or
2215 (c) results in the situations described in Subsections [
2216 [
2217 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2218 sibling, adult uncle or aunt, or [
2219 with whom the child is familiar, or a member of the child's federally recognized tribe;
2220 (b) with the intent of severing the child's existing parent-child or guardian-child
2221 relationship; and
2222 (c) without taking:
2223 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2224 and
2225 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2226 guardianship to the individual taking custody of the child.
2227 [
2228 [
2229
2230 (95) "Unsupported" means a finding by the Division of Child and Family Services at
2231 the completion of an investigation, after the day on which the Division of Child and Family
2232 Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is
2233 insufficient evidence to conclude that abuse, neglect, or dependency occurred.
2234 (96) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
2235 conclude that abuse, neglect, or dependency occurred.
2236 [
2237 assesses a minor's risk of reoffending and a minor's criminogenic needs.
2238 [
2239
2240 Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not
2241 occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
2242 [
2243 (a) at least 12 years old, but under 21 years old; and
2244 (b) committed by the juvenile court to the Division of Juvenile Justice Services for
2245 secure care under Sections 80-6-703 and 80-6-705.
2246 Section 25. Section 80-2-102, which is renumbered from Section 62A-4a-101 is
2247 renumbered and amended to read:
2248
2249
2250 [
2251 As used in this chapter:
2252 [
2253 [
2254 [
2255 [
2256 [
2257 [
2258 [
2259 [
2260
2261 [
2262
2263 [
2264 [
2265 [
2266 [
2267 [
2268 [
2269
2270 [
2271
2272 [
2273
2274 [
2275
2276 [
2277 [
2278 [
2279 [
2280 [
2281 person:
2282 (a) provides information to another person;
2283 (b) provides the other person an opportunity to respond; and
2284 (c) takes the other person's response, if any, into consideration.
2285 [
2286 accordance with this chapter.
2287 (3) "Council" means the Child Welfare Improvement Council created in Section
2288 80-2-1101.
2289 [
2290 division as of the date of disposition.
2291 [
2292 less than 24 hours:
2293 (a) in the child's own home by a responsible individual; or
2294 (b) outside of the child's home in a:
2295 (i) day-care center;
2296 (ii) family group home; or
2297 (iii) family child care home.
2298 [
2299
2300 [
2301
2302 [
2303 Section 80-2-201.
2304 (8) "Domestic violence" means the same as that term is defined in Section 77-36-1.
2305 [
2306 (a) temporary shelter, treatment, and related services provided to:
2307 (i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and
2308 (ii) the dependent children of an individual who is a victim of abuse, as defined in
2309 Section 78B-7-102; and
2310 (b) treatment services for an individual who is alleged to have committed, has been
2311 convicted of, or has pled guilty to[
2312
2313 [
2314
2315 [
2316 [
2317
2318 [
2319 of a trained homemaker.
2320 [
2321 [
2322 [
2323 [
2324
2325 [
2326 [
2327 (a) opened by the division under the division's discretion and procedures;
2328 (b) opened by the law enforcement agency with jurisdiction over the case; and
2329 (c) accepted for investigation by a child protection team, as applicable.
2330 [
2331 [
2332 [
2333 [
2334 [
2335 [
2336 [
2337
2338 [
2339 [
2340 [
2341
2342 [
2343
2344 [
2345
2346 [
2347 [
2348 [
2349 [
2350 [
2351 [
2352 [
2353
2354 (12) (a) "Person responsible for the child's care" means the child's parent, guardian, or
2355 other person responsible for the child's care.
2356 (b) "Person responsible for the child's care" includes a person responsible for the
2357 child's care in the same home as the child, a relative's home, a group, family, or day care
2358 facility, a foster care home, or a residential institution.
2359 [
2360 [
2361
2362 [
2363 common either by blood or adoption.
2364 [
2365 interaction between a child in division custody with [
2366 [
2367 [
2368 [
2369 [
2370 [
2371 [
2372 [
2373 [
2374 [
2375
2376 [
2377 [
2378
2379 [
2380
2381
2382
2383 [
2384 [
2385
2386
2387
2388 [
2389 [
2390 [
2391
2392
2393
2394
2395 (16) (a) "Subject of the report" means a person reported under Part 6, Child Abuse and
2396 Neglect Reports.
2397 (b) "Subject of the report" includes the child who is the alleged victim of the report and
2398 the person responsible for the child's care.
2399 [
2400 child from the day on which the shelter hearing described in Section 80-3-301 is held until the
2401 day on which the juvenile court enters a disposition under Section 80-3-405.
2402 [
2403 [
2404 with escort service, if necessary, to and from community facilities and resources as part of a
2405 service plan.
2406 [
2407
2408 [
2409
2410
2411
2412 [
2413
2414
2415 Section 26. Section 80-2-201, which is renumbered from Section 62A-4a-103 is
2416 renumbered and amended to read:
2417
2418 [
2419 (1) [
2420 department[
2421 (2) The division is under the administration and general supervision of the executive
2422 director of the department.
2423 [
2424
2425 described in this chapter and Chapter 2a, Removal and Protective Custody of a Child, except
2426 those assumed by the department.
2427 [
2428 [
2429
2430
2431
2432
2433
2434
2435
2436 [
2437
2438 Section 27. Section 80-2-202, which is renumbered from Section 62A-4a-104 is
2439 renumbered and amended to read:
2440 [
2441 Responsibilities.
2442 [
2443 (1) The executive director of the department shall appoint the director of the division.
2444 (2) The director shall have a bachelor's degree from an accredited university or college,
2445 be experienced in administration, and be knowledgeable in the areas of child and family
2446 services, including child protective services, family preservation, and foster care.
2447 (3) The director is the administrative head of the division.
2448 Section 28. Section 80-2-301, which is renumbered from Section 62A-4a-105 is
2449 renumbered and amended to read:
2450
2451 [
2452 (1) The division is the child, youth, and family services authority of the state.
2453 [
2454 (a) administer services to minors and families, including:
2455 (i) child welfare services;
2456 (ii) domestic violence services; and
2457 (iii) all other responsibilities that the Legislature or the executive director of the
2458 department may assign to the division;
2459 (b) provide the following services:
2460 (i) financial and other assistance to an individual adopting a child with special needs
2461 under [
2462 amount the division would provide for the child as a legal ward of the state;
2463 (ii) non-custodial and in-home services in accordance with Section 80-2-306,
2464 including:
2465 (A) services designed to prevent family break-up; and
2466 (B) family preservation services;
2467 (iii) reunification services to families whose children are in substitute care in
2468 accordance with [
2469 Custody of a Child, and [
2470 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
2471 or neglect of a child in that family;
2472 (v) shelter care in accordance with [
2473 Removal and Protective Custody of a Child, and [
2474 Dependency Proceedings;
2475 (vi) domestic violence services, in accordance with the requirements of federal law;
2476 (vii) protective services to victims of domestic violence[
2477
2478 chapter, Chapter 2a, Removal and Protective Custody of a Child, and [
2479 Abuse, Neglect, and Dependency Proceedings;
2480 (viii) substitute care for dependent, abused, and neglected children;
2481 (ix) services for minors who are victims of human trafficking or human smuggling, as
2482 described in Sections 76-5-308 through 76-5-310, or who have engaged in prostitution or
2483 sexual solicitation, as defined in Sections 76-10-1302 and 76-10-1313; and
2484 (x) training for staff and providers involved in the administration and delivery of
2485 services offered by the division in accordance with this chapter and Chapter 2a, Removal and
2486 Protective Custody of a Child;
2487 (c) establish standards for all:
2488 (i) contract providers of out-of-home care for minors and families;
2489 (ii) facilities that provide substitute care for dependent, abused, [
2490 children placed in the custody of the division; and
2491 (iii) direct or contract providers of domestic violence services described in Subsection
2492 [
2493 (d) have authority to:
2494 (i) contract with a private, nonprofit organization to recruit and train foster care
2495 families and child welfare volunteers in accordance with Section [
2496 (ii) approve facilities that meet the standards established under Subsection [
2497 to provide substitute care for dependent, abused, [
2498 custody of the division;
2499 (e) cooperate with the federal government in the administration of child welfare and
2500 domestic violence programs and other human service activities assigned by the department;
2501 [
2502
2503
2504
2505
2506 [
2507 federal laws enacted for the protection of abused, neglected, [
2508 accordance with [
2509 Custody of a Child, unless administration is expressly vested in another division or department
2510 of the state;
2511 [
2512 of Workforce Services in meeting the social and economic needs of an individual who is
2513 eligible for public assistance;
2514 [
2515 matters in the state;
2516 [
2517 of the operation and administration of the division in accordance with the requirements of
2518 Sections [
2519 [
2520 domestic violence services and treatment methods;
2521 (k) enter into contracts for programs designed to reduce the occurrence or recurrence of
2522 abuse and neglect in accordance with Section 80-2-503;
2523 (l) seek reimbursement of funds the division expends on behalf of a child in the
2524 protective custody, temporary custody, or custody of the division, from the child's parent or
2525 guardian in accordance with an order for child support under Section 78A-6-356;
2526 [
2527 regarding the number of children in the custody of the division who:
2528 (i) have a permanency goal of adoption; or
2529 (ii) have a final plan of termination of parental rights, [
2530 80-3-409, and promote adoption of [
2531 [
2532 services from the division to the local substance abuse authority or other private or public
2533 resource for a court-ordered drug screening test;
2534 [
2535 Services Appropriations Subcommittee regarding:
2536 (i) the daily reimbursement rate that is provided to licensed foster parents based on
2537 level of care;
2538 (ii) the amount of money spent on daily reimbursements for licensed foster parents [
2539
2540 (iii) any recommended changes to the division's budget to support the daily
2541 reimbursement rates described in Subsection [
2542 [
2543 (3) (a) The division may provide, directly or through contract, services that include the
2544 following:
2545 (i) adoptions;
2546 (ii) day-care services;
2547 (iii) out-of-home placements for minors;
2548 (iv) health-related services;
2549 (v) homemaking services;
2550 (vi) home management services;
2551 (vii) protective services for minors;
2552 (viii) transportation services; or
2553 (ix) domestic violence services.
2554 (b) The division shall monitor services provided directly by the division or through
2555 contract to ensure compliance with applicable law and rules made in accordance with Title
2556 63G, Chapter 3, Utah Administrative Rulemaking Act.
2557 (c) (i) Except as provided in Subsection (3)(c)(ii), if the division provides a service
2558 through a private contract, the division shall post the name of the service provider on the
2559 division's website.
2560 (ii) Subsection (3)(c)(i) does not apply to a foster parent placement.
2561 (4) (a) The division may:
2562 (i) receive gifts, grants, devises, and donations;
2563 (ii) encourage merchants and service providers to:
2564 (A) donate goods or services; or
2565 (B) provide goods or services at a nominal price or below cost;
2566 (iii) distribute goods to applicants or consumers of division services free or for a
2567 nominal charge and tax free; and
2568 (iv) appeal to the public for funds to meet needs of applicants or consumers of division
2569 services that are not otherwise provided by law, including Sub-for-Santa programs, recreational
2570 programs for minors, and requests for household appliances and home repairs.
2571 (b) If requested by the donor and subject to state and federal law, the division shall use
2572 a gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for the
2573 purpose requested by the donor.
2574 [
2575 shall:
2576 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
2577 with all public and private licensed child welfare agencies and institutions to develop and
2578 administer a broad range of services and support;
2579 (ii) take the initiative in all matters involving the protection of abused or neglected
2580 children, if adequate provisions have not been made or are not likely to be made; and
2581 (iii) make expenditures necessary for the care and protection of the children described
2582 in [
2583 (b) [
2584 private or public resource for court-ordered drug screening under Subsection [
2585 the court shall order the individual to pay all costs of the tests unless:
2586 (i) the cost of the drug screening is specifically funded or provided for by other federal
2587 or state programs;
2588 (ii) the individual is a participant in a drug court; or
2589 (iii) the court finds that the individual is [
2590 [
2591
2592 (6) Except to the extent provided by rules made in accordance with Title 63G, Chapter
2593 3, Utah Administrative Rulemaking Act, the division is not required to investigate domestic
2594 violence in the presence of a child, as described in Section 76-5-109.1.
2595 [
2596 (a) require a parent who has a child in the custody of the division to pay for some or all
2597 of the cost of any drug testing the parent is required to undergo[
2598 [
2599 division for drug testing by means of a hair or fingernail test that is administered to detect the
2600 presence of drugs.
2601 Section 29. Section 80-2-302, which is renumbered from Section 62A-4a-102 is
2602 renumbered and amended to read:
2603 [
2604 statement.
2605 [
2606
2607
2608
2609
2610
2611 [
2612 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2613 division shall make rules:
2614 (a) that establish the process for:
2615 (i) determination of eligibility for services offered by the division in accordance with
2616 this chapter and Chapter 2a, Removal and Protective Custody of a Child; and
2617 [
2618 (b) [
2619
2620 providers, allied state and local agencies, and others are provided with an opportunity to
2621 comment and provide input regarding any new rule or proposed revision of an existing rule;
2622 [
2623 (c) that provide a mechanism for:
2624 (i) systematic and regular review of existing rules, including an annual review of all
2625 division rules to ensure that the rules comply with [
2626 provisions; and
2627 (ii) consideration of rule changes proposed by the persons [
2628 Subsection [
2629 [
2630
2631 [
2632 [
2633 (d) regarding:
2634 (i) placement for adoption or foster care that are consistent with, and no more
2635 restrictive than, applicable statutory provisions[
2636 (ii) abuse, neglect, and dependency proceedings; and
2637 (iii) domestic violence services provided by the division; and
2638 (e) that establish procedures to accommodate the moral and religious beliefs, and
2639 culture, of the minors and families that the division serves, including:
2640 (i) the immediate family and other relatives of a minor who is in protective custody,
2641 temporary custody, or custody of the division, or otherwise under the jurisdiction of the
2642 juvenile court;
2643 (ii) a foster and other out-of-home placement family; and
2644 (iii) an adoptive family.
2645 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2646 division may make rules that establish:
2647 (a) eligibility standards for consumers of division services; or
2648 (b) requirements for a program described in Subsection 80-2-301(4)(a)(iv).
2649 (3) (a) If the division establishes a rule in accordance with Title 63G, Chapter 3, Utah
2650 Administrative Rulemaking Act, the division shall include an assessment of the impact of the
2651 rule on families, including the impact on the authority of a parent to oversee the care,
2652 supervision, upbringing, or education of a child in the parent's custody.
2653 (b) The division shall publish a family impact statement describing the assessment
2654 described in Subsection (3)(a) in the Utah State Bulletin within 90 days after the day on which
2655 the rule described in Subsection (3)(a) is established.
2656 Section 30. Section 80-2-303, which is renumbered from Section 62A-4a-113 is
2657 renumbered and amended to read:
2658 [
2659 responsibilities.
2660 (1) The division shall take legal action that is necessary to enforce [
2661 this chapter and Chapter 2a, Removal and Protective Custody of a Child.
2662 (2) (a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
2663 civil enforcement actions, the attorney general shall enforce [
2664
2665 Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
2666 and Restoration of Parental Rights, relating to [
2667
2668 neglected, or dependent minor and the termination of parental rights.
2669 (b) The attorney general may contract with the local county attorney to enforce [
2670
2671 Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
2672 and Restoration of Parental Rights.
2673 (c) It is the responsibility of the attorney general's office to:
2674 (i) advise the division regarding decisions to remove a minor from the minor's home;
2675 (ii) represent the division in all court and administrative proceedings related to abuse,
2676 neglect, [
2677 hearings, dispositional review hearings, periodic review hearings, and petitions for termination
2678 of parental rights; and
2679 (iii) be available to and advise child welfare caseworkers on an ongoing basis.
2680 (d) (i) The attorney general shall designate no less than 16 full-time attorneys to advise
2681 and represent the division in abuse, neglect, and dependency proceedings, including petitions
2682 for termination of parental rights.
2683 (ii) The attorneys described in Subsection (2)(d)(i) shall devote [
2684 attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable,
2685 [
2686 (3) [
2687
2688 (a) involving a minor who has not been adjudicated as abused or neglected, but who
2689 [
2690
2691 status offense[
2692 (b) for reimbursement of funds from a parent or guardian under Subsection
2693 80-2-301(2)(l).
2694 [
2695 responsibility of the county attorney or district attorney to represent the state in the matters
2696 described in Subsection (3)(a) [
2697 Section 31. Section 80-2-304, which is renumbered from Section 62A-4a-115 is
2698 renumbered and amended to read:
2699 [
2700 The department and division shall comply with the procedures and requirements of
2701 Title 63G, Chapter 4, Administrative Procedures Act, in [
2702 adjudicative proceedings.
2703 Section 32. Section 80-2-305, which is renumbered from Section 62A-4a-111 is
2704 renumbered and amended to read:
2705 [
2706 -- Agreement with Office of Recovery Services.
2707 (1) If it is discovered that a person is fraudulently obtaining, or has fraudulently
2708 obtained, services offered by the division in accordance with this chapter or Chapter 2a,
2709 Removal and Protective Custody of a Child, the division shall take all necessary steps,
2710 including legal action through the attorney general, to recover all money or the value of
2711 services fraudulently obtained.
2712 (2) The division may establish an agreement with the Office of Recovery Services to
2713 fulfill the requirements of this section.
2714 Section 33. Section 80-2-306, which is renumbered from Section 62A-4a-202 is
2715 renumbered and amended to read:
2716 [
2717 families.
2718 (1) (a) Within appropriations from the Legislature and money obtained under
2719 Subsection (5), the division shall provide in-home services for the purpose of family
2720 preservation to any family with a child whose health and safety is not immediately endangered,
2721 [
2722 (i) (A) the child is at risk of being removed from the home; or
2723 (B) the family is in crisis; and
2724 (ii) the division determines that in-home services are reasonable and appropriate.
2725 (b) In determining whether in-home services are reasonable and appropriate, and in
2726 keeping with Subsection [
2727 shall be the paramount concern.
2728 (c) The division shall consider whether the services described in Subsection (1)(b):
2729 (i) will be effective within a six-month period; and
2730 (ii) are likely to prevent continued abuse or neglect of the child.
2731 (2) (a) The division shall maintain a statewide inventory of in-home services available
2732 through public and private agencies or individuals for use by child welfare caseworkers.
2733 (b) The inventory described in Subsection (2)(a) shall include:
2734 (i) the method of accessing each service;
2735 (ii) eligibility requirements for each service;
2736 (iii) the geographic areas and the number of families that can be served by each
2737 service; and
2738 (iv) information regarding waiting lists for each service.
2739 (3) (a) As part of the division's in-home services for the preservation of families, the
2740 division shall provide in-home services in varying degrees of intensity and contact that are
2741 specific to the needs of each individual family.
2742 (b) As part of the division's in-home services, the division shall:
2743 (i) provide customized assistance;
2744 (ii) provide support or interventions that are tailored to the needs of the family;
2745 (iii) discuss the family's needs with the parent;
2746 (iv) discuss an assistance plan for the family with the parent; and
2747 (v) address:
2748 (A) the safety of children;
2749 (B) the needs of the family; and
2750 (C) services necessary to aid in the preservation of the family and a child's ability to
2751 remain in the home.
2752 (c) [
2753 practicable, provide in-home services within the region that the family resides, using existing
2754 division staff.
2755 (4) (a) The division may use specially trained child welfare caseworkers, private
2756 providers, or other persons to provide the in-home services described in Subsection (3).
2757 (b) The division shall allow a child welfare caseworker to be flexible in responding to
2758 the needs of each individual family, including:
2759 (i) limiting the number of families assigned; and
2760 (ii) being available to respond to assigned families within 24 hours.
2761 (5) To provide, expand, and improve the delivery of in-home services to prevent the
2762 removal of children from [
2763 the division shall make substantial effort to obtain funding, including:
2764 (a) federal grants;
2765 (b) federal waivers; and
2766 (c) private money.
2767 Section 34. Section 80-2-307, which is renumbered from Section 62A-4a-121 is
2768 renumbered and amended to read:
2769 [
2770 insurance coverage for a foster child.
2771 (1) Within the amounts appropriated to the division for the purposes described in this
2772 section, the division may reimburse a foster parent for providing owner's or operator's security
2773 covering a foster child's operation of a motor vehicle in amounts required under Section
2774 31A-22-304 if the foster child is in the [
2775 custody of the division.
2776 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2777 division shall make rules establishing:
2778 (a) a procedure for providing the reimbursement to a foster parent described in
2779 Subsection (1);
2780 (b) eligibility requirements for a foster parent to qualify for a reimbursement under this
2781 section; and
2782 (c) a method for determining the amount of reimbursement that a foster parent is
2783 eligible to receive under this section.
2784 [
2785
2786 [
2787
2788 [
2789
2790 [
2791
2792 Section 35. Section 80-2-308, which is renumbered from Section 62A-4a-212 is
2793 renumbered and amended to read:
2794 [
2795 children -- Requirements for caregiver decision making.
2796 (1) As used in this section:
2797 (a) "Activity" means an extracurricular, enrichment, or social activity.
2798 (b) "Age-appropriate" means a type of activity that is generally accepted as suitable for
2799 a child of the same age or level of maturity, based on the development of cognitive, emotional,
2800 physical, and behavioral capacity that is typical for the child's age or age group.
2801 (c) "Caregiver" means a person with whom a child is placed in an out-of-home
2802 placement.
2803 (d) "Out-of-home placement" means the placement of a child in the division's custody
2804 outside of the child's home, including placement in a foster home, a residential treatment
2805 program, proctor care, or with kin.
2806 (e) "Reasonable and prudent parent standard" means the standard characterized by
2807 careful and sensible parental decisions to maintain a child's health, safety, and best interest
2808 while at the same time encouraging the child's emotional and developmental growth.
2809 (2) A child who comes into protective custody or the division's temporary custody or
2810 custody under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter
2811 3, Abuse, Neglect, and Dependency Proceedings, is entitled to participate in age-appropriate
2812 activities for the child's emotional well-being and development of valuable life-coping skills.
2813 (3) The division shall:
2814 (a) make efforts to normalize the life of a child in protective custody or the division's
2815 temporary custody or custody and to empower a caregiver to approve or disapprove a child's
2816 participation in activities based on the caregiver's own assessment using a reasonable and
2817 prudent parent standard, without prior approval of the division; and
2818 (b) allow a caregiver to make important decisions, similar to the decisions that a parent
2819 is entitled to make, regarding the child's participation in activities.
2820 [
2821 determining whether to permit a child to participate in an activity.
2822 (b) A caregiver shall consider:
2823 (i) the child's age, maturity, and developmental level to maintain the overall health and
2824 safety of the child;
2825 (ii) potential risk factors and the appropriateness of the activity;
2826 (iii) the best interest of the child based on the caregiver's knowledge of the child;
2827 (iv) the importance of encouraging the child's emotional and developmental growth;
2828 (v) the importance of providing the child with the most family-like living experience
2829 possible; and
2830 (vi) the behavioral history of the child and the child's ability to safely participate in the
2831 proposed activity.
2832 (c) The division shall verify that [
2833 out-of-home placement under contract with the division:
2834 (i) [
2835 age-appropriate activities; and
2836 (ii) [
2837 (d) (i) A caregiver is not liable for harm caused to a child in an out-of-home placement
2838 if the child participates in an activity approved by the caregiver[
2839 the caregiver acted in accordance with a reasonable and prudent parent standard.
2840 (ii) This section does not remove or limit any existing liability protection afforded by
2841 statute.
2842 [
2843 Act, the division shall adopt rules establishing the procedures for verifying that [
2844
2845 [
2846 Section 36. Section 80-2-401, which is renumbered from Section 62A-4a-105.5 is
2847 renumbered and amended to read:
2848
2849 [
2850 division rule or policy -- Termination.
2851 (1) The director shall ensure that [
2852 comply with state [
2853 63G, Chapter 3, Utah Administrative Rulemaking Act, and division policy in order to
2854 effectively carry out [
2855 (2) If, after training and supervision, [
2856 with [
2857 shall be terminated.
2858 Section 37. Section 80-2-402, which is renumbered from Section 62A-4a-107 is
2859 renumbered and amended to read:
2860 [
2861 education and training of child welfare caseworkers -- Development of curriculum.
2862 (1) There is created within the division a full-time position of a child welfare training
2863 coordinator.
2864 (2) The child welfare training coordinator is not responsible for direct casework
2865 services or the supervision of [
2866 (a) develop child welfare curriculum that:
2867 (i) is current and effective, consistent with the division's mission and purpose for child
2868 welfare; and
2869 (ii) utilizes curriculum and resources from a variety of sources including those from:
2870 (A) the public sector;
2871 (B) the private sector; and
2872 (C) inside and outside of the state;
2873 (b) recruit, select, and supervise child welfare trainers;
2874 (c) develop a statewide training program, including a budget and identification of
2875 sources of funding to support that training;
2876 (d) evaluate the efficacy of training in improving job performance;
2877 (e) assist child protective services and foster care workers in developing and fulfilling
2878 their individual training plans;
2879 (f) monitor staff compliance with division training requirements and individual training
2880 plans; and
2881 (g) expand the collaboration between the division and schools of social work within
2882 institutions of higher education in developing child welfare services curriculum, and in
2883 providing and evaluating training.
2884 (3) The director shall, with the assistance of the child welfare training coordinator,
2885 establish and ensure child welfare caseworker competency regarding a core curriculum for
2886 child welfare services that:
2887 (a) is driven by child safety and family well-being;
2888 (b) emphasizes child and family voice;
2889 (c) is trauma-informed, as defined in Section 63M-7-209; and
2890 (d) is consistent with national child welfare practice standards.
2891 (4) A child welfare caseworker shall complete training in:
2892 (a) the legal duties of a child welfare caseworker;
2893 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
2894 of children, parents, and families at all stages of a case, including:
2895 (i) initial contact;
2896 (ii) safety and risk assessment, as described in Section 80-2-403; and
2897 (iii) intervention;
2898 (c) recognizing situations involving:
2899 (i) substance abuse;
2900 (ii) domestic violence;
2901 (iii) abuse; and
2902 (iv) neglect; and
2903 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
2904 the United States to the child welfare caseworker's job, including:
2905 (i) search and seizure of evidence;
2906 (ii) the warrant requirement;
2907 (iii) exceptions to the warrant requirement; and
2908 (iv) removing a child from the custody of the child's parent or guardian.
2909 (5) The division shall train the division's child welfare caseworkers to:
2910 (a) apply the [
2911 described in Subsection [
2912 (b) develop child and family plans that comply with:
2913 (i) federal mandates; and
2914 (ii) the specific needs of the child and the child's family.
2915 (6) The division shall use the training of child welfare caseworkers to emphasize:
2916 (a) the importance of maintaining the parent-child relationship;
2917 (b) the preference for providing in-home services over taking a child into protective
2918 custody, both for the emotional well-being of the child and the efficient allocation of resources;
2919 and
2920 (c) the importance and priority of:
2921 (i) kinship placement in the event a child must be taken into protective custody; and
2922 (ii) guardianship placement, in the event the parent-child relationship is legally
2923 terminated and no appropriate adoptive placement is available.
2924 (7) [
2925 casework responsibilities, the division shall ensure that the child welfare caseworker has:
2926 (a) completed the training described in Subsections (4), (5), and (6); and
2927 (b) participated in sufficient skills development for a child welfare caseworker.
2928 Section 38. Section 80-2-403, which is renumbered from Section 62A-4a-203.1 is
2929 renumbered and amended to read:
2930 [
2931 assessments.
2932 (1) [
2933 use evidence-informed or evidence-based safety and risk assessments to guide decisions
2934 concerning a child throughout a child protection investigation or proceeding.
2935 (2) As part of [
2936 [
2937 following:
2938 (a) threat to [
2939 (b) protective capabilities of a parent or guardian, including the parent or guardian's
2940 readiness, willingness, and ability to plan for the child's safety;
2941 (c) [
2942 (d) interventions required to protect [
2943 (e) likelihood of future harm to [
2944 Section 39. Section 80-2-404, which is renumbered from Section 62A-4a-110 is
2945 renumbered and amended to read:
2946 [
2947 [
2948
2949
2950
2951
2952 [
2953 (a) accept and use volunteer labor or services [
2954
2955 (b) reimburse volunteers for necessary expenses, including transportation, and provide
2956 recognition awards and [
2957 (c) cooperate with volunteer organizations in collecting funds to be used in the
2958 volunteer program. [
2959 (2) The funds donated under Section (1)(c) are considered [
2960 funds until used by the division, and may be invested under guidelines established by the state
2961 treasurer[
2962 [
2963
2964 [
2965
2966 [
2967
2968
2969
2970 Section 40. Section 80-2-405, which is renumbered from Section 62A-4a-107.5 is
2971 renumbered and amended to read:
2972 [
2973 parents and child welfare volunteers -- Extension of immunity.
2974 (1) As used in this section:
2975 (a) "Referring entity" means:
2976 (i) an incorporated or unincorporated organization or association whether formally
2977 incorporated or otherwise established and operating for religious, charitable, or educational
2978 purposes, that does not distribute any of the organization's or association's income or assets to
2979 the organization's or association's members, directors, officers, or other participants;
2980 (ii) an organization described in Section 501(c)(3) of the Internal Revenue Code of
2981 1986 and is exempt from tax under Section 501 of the Internal Revenue Code; or
2982 (iii) any not-for-profit organization which is formed and conducted for public benefit
2983 and operated primarily for charitable, civic, educational, religious, benevolent, welfare, or
2984 health purposes.
2985 (b) "Referring individual" means an individual:
2986 (i) with the authority to act on behalf of a referring entity in making a referral; and
2987 (ii) who may or may not be compensated by the referring entity.
2988 [
2989 recruit and train foster care parents and child welfare volunteers on a statewide or regional
2990 basis.
2991 [
2992 Subsection [
2993 (a) increase the number of licensed and trained foster care parents in the geographic
2994 area covered by:
2995 (i) developing a strategic plan;
2996 (ii) assessing the needs, perceptions, and qualities of potential foster care parents;
2997 (iii) assessing the needs, perceptions, and qualities of children in state custody;
2998 (iv) identifying potential foster care parents through public and private resources;
2999 (v) screening foster care parent applicants;
3000 (vi) providing preservice, ongoing, and customized training to foster care parents;
3001 (vii) developing a competency-based training curriculum with input from public and
3002 private resources and approved by the division;
3003 (viii) focusing training exercises on skill development; and
3004 (ix) supporting foster care parents by supplying staff support, identifying common
3005 issues, encouraging peer support, and connecting available resources;
3006 (b) increase the number of child welfare volunteers in the geographical area covered
3007 by:
3008 (i) developing a strategic plan;
3009 (ii) seeking the participation of established volunteer organizations;
3010 (iii) designing and offering initial orientation sessions to child welfare volunteers;
3011 (iv) informing volunteers of options for service as specified by the division; and
3012 (v) facilitating the placement and certification of child welfare volunteers;
3013 (c) coordinate efforts, [
3014 (d) seek private contributions in furtherance of the organization's activities under this
3015 Subsection [
3016 (e) perform other related services and activities as may be required by the division; and
3017 (f) establish a system for evaluating performance and obtaining feedback on the
3018 activities performed [
3019 [
3020 authority over and responsibility for:
3021 (a) initial and ongoing training content, material, curriculum, and techniques, and
3022 certification standards used by an organization; and
3023 (b) screening, investigation, licensing, certification, referral, and placement decisions
3024 with respect to any [
3025 [
3026 department's directors, trustees, officers, employees, and agents, whether compensated or not,
3027 may not be held civilly liable for any act or omission on a matter for which the department
3028 retains ultimate authority and responsibility under Subsection [
3029 (b) [
3030 not alter the abuse and neglect reporting requirements of Section [
3031 regardless of whether the facts that give rise to such a report occur before or after a screening,
3032 investigation, licensing, or placement decision of the department.
3033 [
3034 remuneration assists [
3035 welfare volunteers is not liable in any civil action for any act or omission of:
3036 (a) the referring entity or [
3037 faith and in furtherance of the entity's assistance to the organization; or
3038 (b) any [
3039 entity as a foster care parent or child welfare volunteer, if the referring individual was without
3040 actual knowledge of any substantiated fact that would have disqualified the [
3041 who was referred from such a position at the time the referral was made.
3042 [
3043 [
3044 [
3045
3046
3047
3048 [
3049
3050 [
3051
3052
3053 [
3054 [
3055 [
3056 Section 41. Section 80-2-501, which is renumbered from Section 62A-4a-309 is
3057 renumbered and amended to read:
3058
3059 [
3060 (1) There is created a restricted account within the General Fund known as the
3061 "Children's Account." [
3062
3063
3064 [
3065
3066
3067 (2) The account shall be funded by:
3068 (a) appropriations to the account by the Legislature;
3069 (b) revenues received under Section 26-2-12.5; and
3070 (c) transfers, grants, gifts, bequests, or any money made available from any source for
3071 the abuse and neglect prevention programs described in Subsection 80-2-503(3).
3072 (3) The Legislature shall appropriate money in the account to the division.
3073 (4) (a) The director shall consult with the executive director of the department before
3074 using the funds in the account as described in this section.
3075 [
3076 account may be used only to implement prevention programs described in Section
3077 [
3078 match, comprising a match from the community of at least 50% in cash and up to 50% in
3079 in-kind donations, which is 25% of the total funding received from the [
3080 account.
3081 [
3082
3083 [
3084 council, the division may reduce or waive the match requirements described in Subsection [
3085 (4) for an entity, if the division determines that imposing the requirements would prohibit or
3086 limit the provision of services needed in a particular geographic area.
3087 Section 42. Section 80-2-502, which is renumbered from Section 62A-4a-608 is
3088 renumbered and amended to read:
3089 [
3090 (1) There is created [
3091 "Choose Life Adoption Support Restricted Account."
3092 (2) The account shall be funded by:
3093 (a) contributions deposited into the [
3094
3095 (b) appropriations to the account by the Legislature;
3096 (c) private contributions; and
3097 (d) donations or grants from public or private entities.
3098 (3) The Legislature shall appropriate money in the account to the division.
3099 (4) The division shall distribute the funds in the account to one or more charitable
3100 organizations that:
3101 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
3102 (b) have as part of their primary mission the support, promotion, and education of
3103 adoption programs; and
3104 (c) are licensed or registered to do business within the state in accordance with state
3105 law.
3106 (5) (a) An organization described in Subsection (4) may apply to the division to receive
3107 a distribution in accordance with Subsection (4).
3108 (b) An organization that receives a distribution from the division in accordance with
3109 Subsection (4) shall expend the distribution only to:
3110 (i) produce and distribute educational and promotional materials on adoption;
3111 (ii) conduct educational courses on adoption; and
3112 (iii) provide other programs that support adoption.
3113 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3114 division may make rules providing procedures and requirements for an organization to apply to
3115 the division to receive a distribution under Subsection (4).
3116 Section 43. Section 80-2-503 is enacted to read:
3117 80-2-503. Division contracts for prevention and treatment of child abuse and
3118 neglect -- Requirements -- Public hearing -- Funding provided by contractor.
3119 (1) (a) The Legislature finds that there is a need to assist private and public agencies in
3120 identifying and establishing community-based education, service, and treatment programs to
3121 prevent the occurrence and recurrence of abuse and neglect.
3122 (b) It is the purpose of this section to provide a means to increase prevention and
3123 treatment programs designed to reduce the occurrence or recurrence of child abuse and neglect.
3124 (2) The division shall contract with public or private nonprofit organizations, agencies,
3125 or schools, or with qualified individuals to establish voluntary community-based educational
3126 and service programs designed to reduce or prevent the occurrence or recurrence of abuse and
3127 neglect.
3128 (3) (a) A program that the division contracts with under this section shall provide
3129 voluntary primary abuse and neglect prevention, and voluntary or court-ordered treatment
3130 services.
3131 (b) A program described in Subsection (3)(a) includes:
3132 (i) a program related to prenatal care, perinatal bonding, child growth and
3133 development, basic child care, care of children with special needs, and coping with family
3134 stress;
3135 (ii) a program related to crisis care, aid to parents, abuse counseling, support groups for
3136 abusive or potentially abusive parents and abusive parents' children, and early identification of
3137 families where the potential for abuse and neglect exists;
3138 (iii) a program clearly designed to prevent the occurrence or recurrence of abuse,
3139 neglect, sexual abuse, sexual exploitation, medical or educational neglect;
3140 (iv) a program that the division and council consider potentially effective in reducing
3141 the incidence of family problems leading to abuse or neglect; and
3142 (v) a program designed to establish and assist community resources that prevent abuse
3143 and neglect.
3144 (4) The division shall:
3145 (a) consult with appropriate state agencies, commissions, and boards to help determine
3146 the probable effectiveness, fiscal soundness, and need for proposed education and service
3147 programs for the prevention and treatment of abuse and neglect;
3148 (b) develop policies to determine whether a program will be discontinued or receive
3149 continuous funding;
3150 (c) facilitate the exchange of information between and among groups concerned with
3151 families and children;
3152 (d) establish flexible fees and fee schedules based on the recipient's ability to pay for
3153 part or all of the costs of service received;
3154 (e) before awarding a contract for an abuse or neglect prevention or treatment program
3155 or service:
3156 (i) conduct a public hearing to receive public comment on the program or service and
3157 ensure the council conducted a public hearing on the program or service in accordance with
3158 Subsection (6);
3159 (ii) if the program or service is intended for presentation in public schools, receive
3160 evidence that the program or service is approved by the local board of education of each school
3161 district that will be utilizing the program or service, or under the direction of the local board of
3162 education, the state superintendent; and
3163 (iii) consider need, diversity of geographic locations, the program's or services'
3164 coordination with or enhancement of existing services, and the program's or services' extensive
3165 use of volunteers;
3166 (f) award a contract under this section for services to prevent abuse and neglect on the
3167 basis of probability of success, based in part on sound research data; and
3168 (g) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
3169 Rulemaking Act, as necessary to carry out the purposes of this section.
3170 (5) The division may:
3171 (a) require that 25% of the funding for a program contracted for under this section be
3172 provided by the contractor operating the program; and
3173 (b) consider a contribution of materials, supplies, or physical facilities as all or part of
3174 the funding provided by the contractor under Subsection (5)(a).
3175 (6) The council shall conduct a public hearing to receive public comment on the
3176 program or service before the division may enter into a contract under this section.
3177 (7) A contract entered into under this section shall contain a provision for the
3178 evaluation of services provided under the contract.
3179 (8) Contract funds awarded under this section for the treatment of victims of abuse or
3180 neglect are not a collateral source as defined in Section 63M-7-502.
3181 Section 44. Section 80-2-503.5, which is renumbered from Section 62A-4a-213 is
3182 renumbered and amended to read:
3183 [
3184 program.
3185 (1) As used in this section, "psychotropic medication" means medication prescribed to
3186 affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant,
3187 anxiolytic, or behavior medication.
3188 (2) The division shall, through contract with the Department of Health, establish and
3189 operate a psychotropic medication oversight pilot program for children in foster care to ensure
3190 that foster children are being prescribed psychotropic medication consistent with [
3191 foster children's needs.
3192 (3) The division shall establish an oversight team to manage the psychotropic
3193 medication oversight program, composed of at least the following individuals:
3194 (a) an [
3195 defined in Section 58-31b-102, employed by the Department of Health; and
3196 (b) a child psychiatrist.
3197 (4) The oversight team shall monitor foster children:
3198 (a) six years old or younger who are being prescribed one or more psychotropic
3199 medications; and
3200 (b) seven years old or older who are being prescribed two or more psychotropic
3201 medications.
3202 (5) The oversight team shall, upon request, be given information or records related to
3203 the foster child's health care history, including psychotropic medication history and mental and
3204 behavioral health history, from:
3205 (a) the foster child's current or past caseworker;
3206 (b) the foster child; or
3207 (c) the foster child's:
3208 (i) current or past health care provider;
3209 (ii) natural parents; or
3210 (iii) foster parents.
3211 (6) The oversight team may review and monitor the following information about a
3212 foster child:
3213 (a) the foster child's history;
3214 (b) the foster child's health care, including psychotropic medication history and mental
3215 or behavioral health history;
3216 (c) whether there are less invasive treatment options available to meet the foster child's
3217 needs;
3218 (d) the dosage or dosage range and appropriateness of the foster child's psychotropic
3219 medication;
3220 (e) the short-term or long-term risks associated with the use of the foster child's
3221 psychotropic medication; or
3222 (f) the reported benefits of the foster child's psychotropic medication.
3223 (7) (a) The oversight team may make recommendations to the foster child's health care
3224 providers concerning the foster child's psychotropic medication or the foster child's mental or
3225 behavioral health.
3226 (b) The oversight team shall provide the recommendations made in Subsection (7)(a)
3227 to the foster child's parent or guardian after discussing the recommendations with the foster
3228 child's current health care providers.
3229 (8) The division may adopt administrative rules in accordance with Title 63G, Chapter
3230 3, Utah Administrative Rulemaking Act, necessary to administer this section.
3231 (9) The division shall report to the Child Welfare Legislative Oversight Panel
3232 regarding the psychotropic medication oversight pilot program by October 1 of each even
3233 numbered year.
3234 Section 45. Section 80-2-601, which is renumbered from Section 62A-4a-401 is
3235 renumbered and amended to read:
3236
3237 [
3238 It is the purpose of this part to protect the best interests of children, offer protective
3239 services to prevent harm to children, stabilize the home environment, preserve family life
3240 whenever possible, and encourage cooperation among the states in dealing with the problem of
3241 abuse or neglect.
3242 Section 46. Section 80-2-602, which is renumbered from Section 62A-4a-403 is
3243 renumbered and amended to read:
3244 [
3245 Exceptions.
3246 (1) Except as provided in Subsection (3), if [
3247 individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67,
3248 Utah Medical Practice Act, has reason to believe that a child is, or has been, the subject of
3249 abuse or neglect, or observes a child being subjected to conditions or circumstances that would
3250 reasonably result in abuse or neglect, the [
3251 suspected abuse or neglect to the division or to the nearest peace officer or law enforcement
3252 agency.
3253 (2) (a) (i) If a peace officer or [
3254 Subsection (1), the peace officer or law enforcement agency shall immediately notify the
3255 nearest office of the division.
3256 (ii) If the division receives a report under Subsection (1), the division shall immediately
3257 notify the appropriate local law enforcement agency.
3258 (b) (i) The division shall, in addition to the division's own investigation in accordance
3259 with Section [
3260 [
3261 report of abuse or neglect under Subsection (1).
3262 (ii) If a law enforcement agency undertakes an investigation of a report under
3263 Subsection (1), the law enforcement agency shall provide a final investigatory report to the
3264 division upon request.
3265 (3) Subject to Subsection (4), the reporting requirement described in Subsection (1)
3266 does not apply to:
3267 (a) a member of the clergy, with regard to any confession made to the member of the
3268 clergy while functioning in the ministerial capacity of the member of the clergy and without the
3269 consent of the individual making the confession, if:
3270 (i) the perpetrator made the confession directly to the member of the clergy; and
3271 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
3272 to maintain the confidentiality of [
3273 (b) an attorney, or an individual employed by the attorney, if the knowledge or belief of
3274 the suspected abuse or neglect of a child arises from the representation of a client, unless the
3275 attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably
3276 certain death or substantial bodily harm in accordance with Utah Rules of Professional
3277 Conduct, Rule 1.6.
3278 (4) (a) When a member of the clergy receives information about abuse or neglect from
3279 any source other than confession of the perpetrator, the member of the clergy is required to
3280 report [
3281 received information about the abuse or neglect from the confession of the perpetrator.
3282 (b) Exemption of the reporting requirement for an individual described in Subsection
3283 (3) does not exempt the individual from any other efforts required by law to prevent further
3284 abuse or neglect by the perpetrator.
3285 (5) The physician-patient privilege does not:
3286 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
3287 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
3288 under this section; or
3289 (b) constitute grounds for excluding evidence regarding the child's injuries, or the
3290 cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
3291 under this section.
3292 Section 47. Section 80-2-603, which is renumbered from Section 62A-4a-404 is
3293 renumbered and amended to read:
3294 [
3295 drug dependency reporting requirements.
3296 (1) As used in this section:
3297 (a) "Health care provider" means:
3298 (i) an individual licensed under:
3299 (A) Title 58, Chapter 31b, Nurse Practice Act;
3300 (B) Title 58, Chapter 44a, Nurse Midwife Practice Act;
3301 (C) Title 58, Chapter 67, Utah Medical Practice Act;
3302 (D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
3303 (E) Title 58, Chapter 70a, Utah Physician Assistant Act; or
3304 (F) Title 58, Chapter 77, Direct-Entry Midwife Act; or
3305 (ii) an unlicensed individual who practices midwifery.
3306 (b) "Newborn child" means a child who is 30 days old or younger.
3307 [
3308 Section 26-61a-102.
3309 [
3310 (1)(d)(ii), the same as that term is defined in Section [
3311 (ii) "Substance abuse" does not include use of drugs or other substances that are:
3312 (A) obtained by lawful prescription and used as prescribed; or
3313 (B) obtained in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3314 and used as recommended by a recommending medical provider.
3315 (2) A health care provider who attends the birth of a newborn child or cares for a
3316 newborn child and determines the following, shall report the determination to the division as
3317 soon as possible:
3318 (a) the newborn child:
3319 (i) is adversely affected by the child's mother's substance abuse during pregnancy;
3320 (ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
3321 (iii) demonstrates drug or alcohol withdrawal symptoms; or
3322 (b) the parent of the newborn child or a person responsible for the child's care
3323 demonstrates functional impairment or an inability to care for the child as a result of the
3324 parent's or person's substance abuse.
3325 (3) The physician-patient privilege does not:
3326 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
3327 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
3328 under this section; or
3329 (b) constitute grounds for excluding evidence regarding the child's injuries, or the
3330 cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
3331 under this section.
3332 Section 48. Section 80-2-604, which is renumbered from Section 62A-4a-405 is
3333 renumbered and amended to read:
3334 [
3335 (1) [
3336 or neglect shall report that fact to:
3337 (a) the local law enforcement agency[
3338
3339 (b) the appropriate medical examiner in accordance with Title 26, Chapter 4, Utah
3340 Medical Examiner Act.
3341 (2) After receiving a report described in Subsection (1)[
3342 (a) the local law enforcement agency shall report to the county attorney or district
3343 attorney as provided under Section 17-18a-202 or 17-18a-203; and
3344 (b) the medical examiner shall investigate and report the medical examiner's findings
3345 to:
3346 [
3347 [
3348 [
3349 [
3350 [
3351 Section 49. Section 80-2-605, which is renumbered from Section 62A-4a-407 is
3352 renumbered and amended to read:
3353 [
3354 (1) [
3355 the child into [
3356 parent, guardian, or any other person responsible for the child's care or exercising temporary or
3357 permanent control over the child, [
3358 life or safety will be in danger unless [
3359 custody.
3360 (2) (a) [
3361 medical facility may retain [
3362
3363 the [
3364 custody.
3365 (b) The person may take the action described in Subsection (2)(a) regardless of whether
3366 additional medical treatment is required[
3367 responsible for the child's care requests the child's return.
3368 [
3369
3370 (3) Custody of a child under this section may not exceed 72 hours without an order of
3371 the [
3372 (4) A person who takes a child into, or retains a child in, [
3373 this section shall [
3374 (a) immediately notify the division that the child is in the person's custody; and
3375 (b) document:
3376 [
3377 custody; and
3378 [
3379 child.
3380 Section 50. Section 80-2-606, which is renumbered from Section 62A-4a-408 is
3381 renumbered and amended to read:
3382 [
3383 [
3384
3385
3386 (1) (a) A person who orally reports under Section 80-2-602, 80-2-603, or 80-2-604
3387 shall, upon request of the division, provide the division with a written version of the oral
3388 report.
3389 (b) The person shall provide the written report within 48 hours after the division's
3390 request.
3391 (2) If, in connection with an intended or completed abortion [
3392 is required to make a report of incest or abuse of a minor, the report may not include
3393 information that would in any way disclose that the report was made in connection with:
3394 (a) an abortion; or
3395 (b) a consultation regarding an abortion.
3396 (3) The division shall, immediately after receipt, forward a copy of a written report to
3397 the state child abuse and neglect registry on a form supplied by the registry.
3398 Section 51. Section 80-2-607, which is renumbered from Section 62A-4a-406 is
3399 renumbered and amended to read:
3400 [
3401 neglect.
3402 (1) [
3403 medical examiner, peace officer, [
3404 may take [
3405 indicated, perform radiological examinations.
3406 (2) [
3407 relevant to a reported circumstance of child abuse or neglect.
3408 (3) [
3409 other medical record pertinent to an investigation for child abuse or neglect shall be made
3410 available to the division, law enforcement [
3411 Section 52. Section 80-2-608 is enacted to read:
3412 80-2-608. Confidential identity of person who reports.
3413 Except as provided in Sections 80-2-611 and 80-2-1005, the division and a law
3414 enforcement agency shall ensure the anonymity of the person who makes the initial report
3415 under this part and any other person involved in the division's or law enforcement agency's
3416 subsequent investigation of the report.
3417 Section 53. Section 80-2-609, which is renumbered from Section 62A-4a-411 is
3418 renumbered and amended to read:
3419 [
3420 Penalty.
3421 (1) If the division has substantial grounds to believe that [
3422 knowingly failed to report [
3423
3424 shall file a complaint with:
3425 (a) the Division of Occupational and Professional Licensing if the [
3426 is a health care provider, as defined in [
3427 mental health therapist, as defined in Section 58-60-102;
3428 (b) the appropriate law enforcement agency if the [
3429 enforcement officer, as defined in Section 53-13-103; [
3430 (c) the State Board of Education if the [
3431 Section 53E-6-102.
3432 (2) (a) [
3433 person willfully fails to report [
3434
3435 (b) If [
3436 the [
3437 (i) complete community service hours; or
3438 (ii) complete a program on preventing abuse and neglect of children.
3439 (c) In determining whether it would be appropriate to charge [
3440 with a violation of Subsection (2)(a), the prosecuting attorney shall take into account whether a
3441 reasonable [
3442 because reporting would have placed the [
3443 serious bodily injury.
3444 (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
3445 [
3446 [
3447 (e) A prosecution for failure to report under Subsection (2)(a) shall be commenced
3448 within two years after the day on which the [
3449 abuse[
3450 circumstances described in Subsection 80-2-603(2) and willfully failed to report.
3451 (3) Under circumstances not amounting to a violation of Section 76-8-508, [
3452
3453 intimidates, or attempts to intimidate a child who is the [
3454
3455 report, a witness, or any other person cooperating with an investigation conducted in
3456 accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child.
3457 Section 54. Section 80-2-610, which is renumbered from Section 62A-4a-410 is
3458 renumbered and amended to read:
3459 [
3460 (1) (a) [
3461
3462 division or a peace officer or law enforcement agency of suspected abuse or neglect of a child,
3463 is immune from civil and criminal liability in connection with the report or notification.
3464 (b) Except as provided in Subsection (3), [
3465
3466 the division, serving as a member of a child protection team, or taking a child into protective
3467 custody in accordance [
3468 is immune from civil or criminal liability in connection with those actions.
3469 (2) This section does not provide immunity with respect to [
3470 omission of a governmental employee except as provided in Title 63G, Chapter 7,
3471 Governmental Immunity Act of Utah.
3472 (3) The immunity described in Subsection (1)(b) does not apply if the person[
3473
3474 (a) acted or failed to act through fraud or willful misconduct;
3475 (b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon a
3476 lawful oath or in any form allowed by law as a substitute for an oath, false testimony material
3477 to the issue or matter of inquiry in the proceeding; [
3478 (c) intentionally or knowingly[
3479 [
3480 conscious disregard for the rights of others, failed to disclose evidence that was known by the
3481 person to be relevant to a material issue or matter of inquiry in:
3482 [
3483 [
3484
3485 person[
3486 [
3487
3488 evidence was requested of the employee by a party to the proceeding or counsel for a party to
3489 the proceeding.
3490 (4) Immunity is not lost under Subsection [
3491
3492 (a) failed to disclose evidence described in Subsection [
3493 person[
3494 (b) (i) in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose
3495 evidence described in Subsection [
3496 evidence; and
3497 (ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or
3498 responded to a valid court order or valid subpoena received by the person[
3499
3500 Section 55. Section 80-2-611, which is renumbered from Section 62A-4a-1007 is
3501 renumbered and amended to read:
3502 [
3503 (1) The division may conduct an investigation to determine whether a report under
3504 Section 80-2-602 or 80-2-603 is false.
3505 [
3506 makes a report of abuse or neglect that is placed into or included in any part of the
3507 Management Information System, if the division determines, at the conclusion of [
3508 division's investigation under Subsection (1), that:
3509 (a) the report is false;
3510 (b) it is more likely than not that the person knew the report was false at the time that
3511 person [
3512 (c) the reporting person's address is known or reasonably available.
3513 [
3514 person of:
3515 (a) the division's determination made under Subsection [
3516 (b) the penalty for submitting false information under Section 76-8-506 and other
3517 applicable laws; and
3518 (c) the obligation or ability of the division under Subsection (4) to inform law
3519 enforcement and the person alleged to have committed abuse or neglect:
3520 (i) in the present instance if [
3521 referral of the reporting person to law enforcement to be justified by the facts; or
3522 (ii) if the reporting person submits a subsequent false report involving the same alleged
3523 perpetrator or victim.
3524 [
3525 (a) may inform law enforcement and the alleged perpetrator of a report for which a
3526 certified letter is required to be sent under Subsection [
3527 justified by the facts[
3528 [
3529 report for which a certified letter is required to be sent under Subsection [
3530 letter is sent to the reporting person involving the same alleged perpetrator or victim[
3531 [
3532 [
3533 report; and
3534 [
3535 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not informing
3536 an alleged perpetrator about a false report.
3537 [
3538 require the division to conduct an investigation beyond what is described in [
3539 Subsections (1) and (2), to determine whether [
3540 Section 56. Section 80-2-701, which is renumbered from Section 62A-4a-409 is
3541 renumbered and amended to read:
3542
3543 [
3544 unsupported reports -- Convening of child protection team -- Consultation with child
3545 protection team and law enforcement.
3546 (1) (a) The division shall conduct a thorough preremoval investigation upon receiving
3547 [
3548
3549 reasonable cause to suspect that a situation of abuse, neglect, or the circumstances described
3550 [
3551 (b) The primary purpose of the preremoval investigation described in Subsection (1)(a)
3552 shall be protection of the child.
3553 (2) The preremoval investigation described in Subsection (1)(a) shall [
3554
3555 [
3556 (3) The division shall make a written report of [
3557 investigation under Subsection (1)(a) that [
3558 whether the alleged abuse or neglect in the report described in Subsection (1)(a) is supported,
3559 unsupported, or without merit.
3560 (4) [
3561 (a) shall use an interdisciplinary approach [
3562 [
3563 (b) [
3564 protection team to assist the division in the division's protective, diagnostic, assessment,
3565 treatment, and coordination services[
3566 (c) [
3567 the division's protective, diagnostic, assessment, treatment, [
3568 [
3569
3570
3571 [
3572 [
3573 [
3574
3575 [
3576 (5) If a report of neglect is based [
3577 neglect, the division shall immediately consult with school authorities to verify the child's
3578 status in accordance with Sections 53G-6-201 through 53G-6-206.
3579 (6) [
3580 preremoval investigation under this [
3581 completion to the person who made the initial report described in Subsection (1)(a).
3582 (7) [
3583 welfare caseworker:
3584 (a) has authority to:
3585 (i) enter upon public or private premises, using appropriate legal processes[
3586 (ii) to investigate [
3587 [
3588 Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof[
3589 (b) may take a child into protective custody in accordance with Chapter 2, Removal
3590 and Protective Custody of a Child.
3591 [
3592
3593 [
3594
3595 [
3596 [
3597 [
3598
3599 [
3600
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 (8) If law enforcement has investigated or is conducting an investigation of alleged
3628 abuse or neglect of a child, the division:
3629 (a) [
3630 adequate safety plan to protect the child from further abuse or neglect; and
3631 (b) [
3632 division's determination, has been satisfactorily completed by law enforcement.
3633 [
3634 involved in the investigation of alleged abuse or neglect of a child, the division shall consult
3635 with the child protection team before closing the case.
3636 Section 57. Section 80-2-702, which is renumbered from Section 62A-4a-202.3 is
3637 renumbered and amended to read:
3638 [
3639 unsupported reports -- Convening of child protection team -- Cooperation with law
3640 enforcement -- Close of investigation.
3641 (1) [
3642 [
3643 [
3644 immediately initiate an investigation of [
3645 (a) the circumstances of the child; and
3646 (b) the grounds upon which the decision to place the child into protective custody was
3647 made.
3648 (2) The division's investigation under Subsection (1) shall conform to reasonable
3649 professional standards[
3650 (a) a search for and review of any records of past reports of abuse or neglect involving:
3651 (i) the same child;
3652 (ii) any sibling or other child residing in the same household as the child; and
3653 (iii) the alleged perpetrator;
3654 (b) with regard to a child who is five years old or older, a personal interview with the
3655 child:
3656 (i) outside of the presence of the alleged perpetrator; and
3657 (ii) conducted in accordance with the requirements of [
3658 80-2-704;
3659 (c) if a parent or guardian [
3660 child's parents or guardian;
3661 (d) an interview with the person who reported the abuse, unless the report was made
3662 anonymously;
3663 (e) [
3664 had direct contact with the child, including:
3665 (i) school personnel; and
3666 (ii) the child's health care provider;
3667 (f) an unscheduled visit to the child's home, unless:
3668 (i) there is a reasonable basis to believe that the reported abuse was committed by a
3669 person who:
3670 (A) is not the child's parent; and
3671 (B) does not[
3672 child in the child's home; or
3673 (ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
3674 (g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
3675 failure to meet the child's medical needs, a medical examination, obtained no later than 24
3676 hours after the child is placed in protective custody.
3677 (3) The division may rely on a written report of a prior interview rather than
3678 conducting an additional interview under Subsection (2), if:
3679 (a) law enforcement:
3680 (i) previously conducted a timely and thorough investigation regarding the alleged
3681 abuse, neglect, or dependency; and
3682 (ii) produced a written report;
3683 (b) the investigation described in Subsection (3)(a)(i) included one or more of the
3684 interviews [
3685 (c) the division finds that an additional interview is not in the best interest of the child.
3686 (4) (a) (i) The division shall:
3687 (A) make a determination after the division's investigation under Subsection (1)
3688 regarding whether the report is supported, unsupported, or without merit; and
3689 (B) base the determination on the facts of the case at the time the report is made.
3690 [
3691 unsupported may be based on the child's statements alone.
3692 (b) The division may not:
3693 [
3694
3695 [
3696 [
3697 [
3698 case as unsupported solely because the perpetrator [
3699 [
3700
3701 (5) The division [
3702 division finds that one or more of the following conditions exist:
3703 (a) the child does not have a natural parent, guardian, or responsible relative who is
3704 able and willing to provide safe and appropriate care for the child;
3705 (b) (i) shelter of the child is a matter of necessity for the protection of the child; and
3706 (ii) there are no reasonable means by which the child can be protected in:
3707 (A) the child's home; or
3708 (B) the home of a responsible relative;
3709 (c) there is substantial evidence that the parent or guardian is likely to flee the
3710 jurisdiction of the juvenile court; or
3711 (d) the child has left a previously court ordered placement.
3712 (6) [
3713 weekends and holidays, the division shall:
3714 [
3715
3716 [
3717 shelter hearing, in accordance with Section 80-3-301.
3718 [
3719
3720
3721 [
3722
3723 [
3724 [
3725
3726 [
3727
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 investigation and with the members of a child protection team, if applicable, regarding the
3759 alleged perpetrator.
3760 [
3761 division [
3762 to locate the child and family members including:
3763 (a) visiting the home at times other than normal work hours;
3764 (b) contacting local schools;
3765 (c) contacting local, county, and state law enforcement agencies; and
3766 (d) checking public assistance records.
3767 Section 58. Section 80-2-703, which is renumbered from Section 62A-4a-202.6 is
3768 renumbered and amended to read:
3769 [
3770 Authority of investigators.
3771 (1) (a) The department, through the Office of Quality and Design created in Section
3772 62A-18-101, shall conduct an independent child protective service investigation to investigate
3773 reports of abuse or neglect if:
3774 (i) the report occurs while the child is in the custody of the division; or
3775 (ii) the executive director of the department determines that, if the division conducts
3776 the investigation, the division would have an actual or potential conflict of interest in the
3777 results of the investigation.
3778 (b) [
3779 indicates the child is abused or neglected:
3780 (i) the attorney general may, in accordance with Section 67-5-16, and with the consent
3781 of the department, employ a child protective services investigator to conduct a conflict
3782 investigation of the report; or
3783 (ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent
3784 of the department, conduct a conflict investigation of the report.
3785 (c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the
3786 consent of the department, conducting a criminal investigation of abuse or neglect under Title
3787 53, Public Safety Code.
3788 (2) [
3789 allegations of abuse or neglect of a child by a department employee or a licensed substitute care
3790 provider.
3791 (3) [
3792 enforcement [
3793 [
3794 (a) make a thorough investigation under Section 80-2-701 upon receiving [
3795
3796 [
3797 (b) make an inquiry into the child's home environment, emotional, or mental health, the
3798 nature and extent of the child's injuries, and the child's physical safety;
3799 (c) make a written report of [
3800 determination regarding whether the alleged abuse or neglect [
3801 or without merit, and forward a copy of [
3802 mandates for investigations established by the division; and
3803 (d) immediately consult with school authorities to verify the child's status in
3804 accordance with Sections 53G-6-201 through 53G-6-206 [
3805 or includes an allegation of educational neglect.
3806 Section 59. Section 80-2-704, which is renumbered from Section 62A-4a-414 is
3807 renumbered and amended to read:
3808 [
3809 the child -- Notice -- Recording.
3810 (1) The division may conduct an investigative interview of a child who:
3811 (a) except as provided in Subsection (5), is the subject of the report or identified during
3812 an investigation under Subsection 80-2-701; or
3813 (b) is in protective custody before the day on which the adjudication hearing is held
3814 under Section 80-3-401.
3815 (2) (a) If the division interviews a child under Subsection (1), the division shall:
3816 (i) except as provided in Subsection (3), conduct the interview with a support person of
3817 the child's choice present; and
3818 (ii) except as provided in Subsection (6), audiotape or videotape the interview.
3819 (b) The interviewer under Subsection (1) shall say at the beginning of the audiotape or
3820 videotape:
3821 (i) the time, date, and place of the interview; and
3822 (ii) the full name and age of the child being interviewed.
3823 (3) (a) Except as provided in Subsection (3)(b), the support person described in
3824 Subsection (2) may be:
3825 (i) a school teacher;
3826 (ii) a school administrator;
3827 (iii) a guidance counselor;
3828 (iv) a child care provider;
3829 (v) a family member;
3830 (vi) a family advocate;
3831 (vii) a member of the clergy; or
3832 (viii) another individual chosen by the child.
3833 (b) The support person described in Subsection (2) may not be an individual who is
3834 alleged to be, or potentially may be, the perpetrator.
3835 (c) (i) Subsection (2)(a)(i) does not apply if the child refuses to have a support person
3836 present during the interview.
3837 (ii) If the child refuses to have a support person present during the interview, the
3838 interviewer shall document, in writing, the refusal and the reasons for the refusal.
3839 (iii) The division shall track the number of interviews under this section during which a
3840 child refuses to have a support person present for each interviewer, to determine whether a
3841 particular interviewer has a higher incidence of refusals than other interviewers.
3842 (4) (a) Except as provided in Subsection (4)(b), the division shall notify the child's
3843 parent before the time at which the interview under Subsection (1)(a) is held of:
3844 (i) the specific allegations concerning the child; and
3845 (ii) the time and place of the interview.
3846 (b) (i) The division is not required to provide notice under Subsection (4)(a) if the
3847 child's parent or stepparent or the parent's paramour is identified as the alleged perpetrator.
3848 (ii) If the alleged perpetrator is unknown, or the alleged perpetrator's relationship to the
3849 child's family is unknown, the division may conduct a minimal interview or conversation with
3850 the child that does not exceed 15 minutes before providing notice under Subsection (4)(a).
3851 (iii) The division shall notify the parent of a child who is interviewed under Subsection
3852 (4)(b)(i) or (ii) as soon as practicable after the interview is conducted and no later than 24 hours
3853 after the interview is conducted.
3854 (c) The division shall notify the child's parent of the time and place of all subsequent
3855 interviews of the child.
3856 [
3857 Subsections (5)(a)(i)(B) and (6), the division may interview a child under Subsection (1)(a)
3858 during an investigation [
3859 80-2-701 that involves allegations of sexual abuse, sexual exploitation, severe abuse, or severe
3860 neglect of [
3861 [
3862 by other electronic means;
3863 [
3864 visible on the final product;
3865 [
3866 visible to any subsequent viewer of the recording; and
3867 [
3868 interview.
3869 [
3870 interviews conducted in accordance with Subsection [
3871 [
3872 (b) The division shall conduct an interview under Subsection (5)(a) in an existing
3873 Children's Justice Center or in a soft interview room, [
3874 [
3875 the [
3876 [
3877 Subsection [
3878
3879 caseworker shall clearly say at the beginning of the tape:
3880 (i) the time, date, and place of the interview;
3881 (ii) the full name and age of the child being interviewed; and
3882 (iii) that the equipment required under Subsection [
3883 (6) (a) Subject to Subsection (6)(b), the division may conduct an interview under
3884 Subsection (1) or (5) without taping the interview if the child:
3885 (i) is at least nine years old;
3886 (ii) refuses to have the interview audiotaped; and
3887 (iii) refuses to have the interview videotaped.
3888 (b) If, under Subsection (6)(a), an interview is conducted without being taped, the
3889 division shall document the child's refusal to have the interview taped as follows:
3890 [
3891
3892
3893 [
3894
3895 [
3896 [
3897 [
3898 [
3899
3900 (i) the interviewer shall attempt to get the child's refusal on tape, including the reasons
3901 for the refusal; or
3902 (ii) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
3903 interviewer shall:
3904 (A) state on the tape that the child is present, but has refused to have the interview,
3905 refusal, or the reasons for the refusal taped; or
3906 (B) if complying with Subsection [
3907 who would otherwise consent to be interviewed, to refuse to be interviewed, the interviewer
3908 shall document, in writing, that the child refused to allow the interview to be taped and the
3909 reasons for that refusal.
3910 (c) The division shall track the number of interviews under this section that are not
3911 taped, and the number of refusals that are not taped, for each interviewer, in order to determine
3912 whether a particular interviewer has a higher incidence of refusals, or taped refusals, than other
3913 interviewers.
3914 Section 60. Section 80-2-705, which is renumbered from Section 62A-4a-415 is
3915 renumbered and amended to read:
3916 [
3917 custody.
3918 (1) Except as provided in Subsection (2), the division may not consent to the interview
3919 of a child in [
3920 custody by a law enforcement officer, unless consent for the interview is obtained from the
3921 child's guardian ad litem.
3922 (2) Subsection (1) does not apply if a guardian ad litem is not appointed for the child.
3923 Section 61. Section 80-2-706, which is renumbered from Section 62A-4a-202.8 is
3924 renumbered and amended to read:
3925 [
3926 investigation -- Coordination of team -- Timing of team meetings.
3927 [
3928 (1) (a) The division shall convene a child protection team for a particular case:
3929 (i) in accordance with Section 80-2-701;
3930 (ii) if the child is taken into protective custody, for the purpose of reviewing the
3931 circumstances regarding removal of the child from the child's home or school; or
3932 (iii) if the division files an abuse, neglect, or dependency petition, as defined in Section
3933 80-3-102, for the purposes of:
3934 (A) reviewing the circumstances of the filing of the abuse, neglect, or dependency
3935 petition; and
3936 (B) developing or reviewing implementation of a safety plan to protect the child from
3937 further abuse, neglect, or dependency.
3938 (b) The division may convene a child protection team for a particular case if:
3939 [
3940 [
3941 [
3942 enforcement or the division; and
3943 [
3944 and identification of resources, services, or actions that support the child and the child's family.
3945 [
3946
3947 [
3948 [
3949
3950 (2) (a) A representative of the division shall serve as coordinator and chair of a child
3951 protection team convened under Subsection (1).
3952 (b) A member of the child protection team shall serve at the coordinator's invitation.
3953 (c) If possible, the child protection team coordinator and chair shall include on the
3954 child protection team a representative of:
3955 (i) health, mental health, education, and law enforcement agencies;
3956 (ii) the child;
3957 (iii) a parent and family support group unless the parent is alleged to be the perpetrator;
3958 and
3959 (iv) other appropriate agencies and individuals.
3960 (3) The division shall hold the child protection team meeting [
3961 Subsection [
3962 [
3963
3964 [
3965
3966
3967
3968 [
3969 weekends and holidays, if the child is taken into protective custody [
3970
3971 (b) 24 hours after the abuse, neglect, or dependency petition, as defined in Section
3972 80-3-102, is filed, excluding weekends and holidays, if the child who is the subject of the
3973 abuse, neglect, or dependency petition will likely be taken into protective custody unless there
3974 is an expedited hearing and services ordered under the protective supervision of the juvenile
3975 court; or
3976 (c) 14 days after the day on which the abuse, neglect, or dependency petition, as
3977 defined in Section 80-3-102, is filed.
3978 (4) At [
3979 child protection team shall review the complete child protective services and foster care history
3980 of the child and the child's parents and siblings.
3981 Section 62. Section 80-2-707, which is renumbered from Section 62A-4a-1009 is
3982 renumbered and amended to read:
3983 [
3984 division investigation -- Notice to alleged perpetrator -- Rights of alleged perpetrator --
3985 Administrative review -- Joinder in juvenile court.
3986 (1) (a) Except as provided in Subsection (2), if, after investigation, the division makes
3987 a supported finding, the division shall send a notice of agency action to [
3988
3989 (b) If the alleged perpetrator described in Subsection (1)(a) is under [
3990 years old, the division shall:
3991 (i) make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
3992 (ii) send a notice to each parent or guardian identified under Subsection [
3993 (1)(b)(i) that lives at a different address, unless there is good cause, as defined by rule, made in
3994 accordance with Title 63G, Chapter 3, Administrative Rulemaking Act, for not sending a
3995 notice to [
3996 [
3997 (c) This section does not affect:
3998 (i) the manner in which the division conducts an investigation; or
3999 (ii) the use or effect, in any other setting, of a supported finding by the division at the
4000 completion of an investigation for any purpose other than for notification under Subsection (1)
4001 (a) or (b).
4002 (2) Subsection (1) does not apply to [
4003 who is served with notice under [
4004 (3) The notice described in Subsection (1) shall state that:
4005 (a) [
4006 neglect, or dependency;
4007 (b) [
4008 (c) [
4009 (d) [
4010 (i) a copy of the report; and
4011 (ii) an opportunity to challenge the supported finding by the division; and
4012 (e) [
4013 days [
4014 unappealable supported finding of abuse, neglect, or dependency unless the [
4015 perpetrator can show good cause for why compliance within the 30-day requirement [
4016 virtually impossible or unreasonably burdensome.
4017 (4) (a) [
4018 make a request to challenge a supported finding within 30 days [
4019 after the day on which the alleged perpetrator receives a notice under this section.
4020 (b) Upon receipt of a request under Subsection (4)(a), the Office of Administrative
4021 Hearings shall hold an adjudicative proceeding [
4022 Administrative Procedures Act.
4023 (5) (a) In an adjudicative proceeding held [
4024 [
4025 or dependency occurred and that the alleged perpetrator [
4026 the abuse or neglect that occurred.
4027 (b) Any party [
4028 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
4029 (c) [
4030 section shall be closed to the public.
4031 (d) The Judicial Council shall make rules that ensure the confidentiality of the
4032 [
4033 proceedings.
4034 (6) Except as otherwise provided in this chapter, an alleged perpetrator who, after
4035 receiving notice, fails to challenge a supported finding in accordance with this section:
4036 (a) may not further challenge the finding; and
4037 (b) shall have no right to:
4038 (i) agency review of the finding;
4039 (ii) an adjudicative hearing on the finding; or
4040 (iii) judicial review of the finding.
4041 (7) (a) Except as provided in Subsection (7)(b), an alleged perpetrator may not make a
4042 request under Subsection (4) to challenge a supported finding if a court of competent
4043 jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a party, that
4044 the alleged perpetrator is substantially responsible for the abuse, neglect, or dependency [
4045
4046 (b) Subsection (7)(a) does not apply to pleas in abeyance or diversion agreements.
4047 (c) An adjudicative proceeding under Subsection (5) may be stayed during the time a
4048 judicial action on the same matter is pending.
4049 (8) [
4050 finding of a type of abuse or neglect that does not constitute a severe type of child abuse or
4051 neglect may be joined in the juvenile court with an [
4052 supported finding of a severe type of child abuse or neglect.
4053 Section 63. Section 80-2-708, which is renumbered from Section 62A-4a-1005 is
4054 renumbered and amended to read:
4055 [
4056 or neglect after division investigation -- Notation in Licensing Information System --
4057 Juvenile court petition or notice to alleged perpetrator -- Rights of alleged perpetrator.
4058 (1) If, after investigation, the division makes a supported finding that [
4059 individual committed a severe type of child abuse or neglect, the division shall:
4060 (a) serve notice of the supported finding on the alleged perpetrator;
4061 [
4062
4063 [
4064
4065 [
4066 (b) enter the information described in Subsections 80-2-1002(2)(a) and (b) into the
4067 Licensing Information System; and
4068 (c) if the division considers it advisable, file a petition for substantiation within one
4069 year [
4070 (2) The notice [
4071 (a) shall state that:
4072 (i) the division [
4073 (ii) the division [
4074 Subsection (1) committed a severe type of child abuse or neglect;
4075 (iii) facts gathered by the division support the supported finding;
4076 (iv) as a result of the supported finding, the alleged perpetrator's name and other
4077 identifying information have been listed in the Licensing Information System in accordance
4078 with Subsection (1)(b);
4079 (v) the alleged perpetrator may be disqualified from adopting a child, receiving state
4080 funds as a child care provider, or being licensed by:
4081 (A) the department;
4082 (B) a human services licensee;
4083 (C) a child care provider or program; or
4084 (D) a covered health care facility;
4085 (vi) the alleged perpetrator has the rights described in Subsection (3); and
4086 (vii) failure to take [
4087 after [
4088 Subsection (3)(b);
4089 (b) shall include a general statement of the nature of the [
4090 and
4091 (c) may not include:
4092 (i) the name of a victim or witness; or
4093 (ii) any privacy information related to the victim or a witness.
4094 (3) (a) Upon receipt of the notice described in Subsection (2), the alleged perpetrator
4095 has the right to:
4096 (i) file a written request asking the division to review the [
4097 made under Subsection (1);
4098 (ii) except as provided in Subsection [
4099 court under Section 80-3-404; or
4100 (iii) sign a written consent to:
4101 (A) the supported finding made under Subsection (1); and
4102 (B) entry into the Licensing Information System of[
4103 name[
4104 [
4105
4106 [
4107
4108 [
4109
4110 [
4111
4112 [
4113 Subsection (3)(a)(ii) if the juvenile court previously held a hearing on the same alleged incident
4114 of abuse or neglect [
4115
4116 party.
4117 [
4118 under Subsection (3)(a)(iii) [
4119 [
4120 [
4121
4122
4123 [
4124
4125 [
4126 [
4127
4128
4129
4130 [
4131
4132
4133 [
4134 (a) shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4;
4135 and
4136 (b) does not preclude civil or criminal action against the alleged perpetrator.
4137 Section 64. Section 80-2-709, which is renumbered from Section 62A-4a-202.4 is
4138 renumbered and amended to read:
4139 [
4140 information for background screening and investigation.
4141 (1) [
4142
4143 division shall have direct access to criminal background information maintained [
4144 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification[
4145 (a) background screening under this chapter, Chapter 2a, Removal and Protective
4146 Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, including
4147 background screening of an individual who has direct access, as defined in Section 62A-2-101,
4148 to a minor:
4149 (i) who is alleged to be or has been abused, neglected, or dependent; and
4150 (ii) for whom the division has an open case; or
4151 (b) investigation of abuse or neglect under this chapter, Chapter 2a, Removal and
4152 Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency.
4153 (2) [
4154 Guardian Ad Litem are authorized to request the Department of Public Safety to conduct a
4155 complete Federal Bureau of Investigation criminal background check through the national
4156 criminal history system (NCIC).
4157 Section 65. Section 80-2-801, which is renumbered from Section 62A-4a-902 is
4158 renumbered and amended to read:
4159
4160 [
4161 As used in this part:
4162 (1) "Adoptable child" means a child:
4163 (a) who is in the custody of the division; and
4164 (b) (i) who has permanency goals of adoption; or
4165 (ii) for whom a final plan for pursuing termination of parental rights is approved in
4166 accordance with Section 80-3-409.
4167 [
4168 direct financial subsidies and support to adoptive parents of a child with special needs or whose
4169 need or condition has created a barrier that would prevent a successful adoption.
4170 (b) "Adoption assistance" [
4171 reimbursement of nonrecurring adoption expenses, or monthly subsidies.
4172 (3) "Adoption services" means, except as used in Section 80-2-806:
4173 (a) placing children for adoption;
4174 (b) subsidizing adoptions under Section 80-2-301;
4175 (c) supervising adoption placements until the adoption is finalized by a court;
4176 (d) conducting adoption studies;
4177 (e) preparing adoption reports upon request of the court; and
4178 (f) providing postadoptive placement services, upon request of a family, for the
4179 purpose of stabilizing a possible disruptive placement.
4180 [
4181 (a) cannot or should not be returned to the home of [
4182 and [
4183 [
4184 [
4185 mental disability; or
4186 [
4187 [
4188 and caring for a child who has a special need.
4189 [
4190 court costs, attorney's fees, and other expenses which are directly related to the legal adoption
4191 of a child who has a special need.
4192 [
4193 assistance as those terms are defined in Section 26-18-2.
4194 [
4195 infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state
4196 medical assistance, or other public benefits for which a child who has a special need is eligible.
4197 (9) "Vendor services" means services that a person provides under contract with the
4198 division.
4199 Section 66. Section 80-2-802 is enacted to read:
4200 80-2-802. Division child placing and adoption services -- Best interest of the child
4201 -- Restrictions on placement of a child.
4202 (1) Except as provided in Subsection (3), the division may provide adoption services
4203 and, as a licensed child-placing agency under Title 62A, Chapter 2, Licensure of Programs and
4204 Facilities, engage in child placing in accordance with this chapter, Chapter 2a, Removal and
4205 Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and
4206 Chapter 4, Termination and Restoration of Parental Rights.
4207 (2) The division shall base the division's decision for placement of an adoptable child
4208 for adoption on the best interest of the adoptable child.
4209 (3) The division may not:
4210 (a) in accordance with Subsection 62A-2-108.6(6), place a child for adoption, either
4211 temporarily or permanently, with an individual who does not qualify for adoptive placement
4212 under Sections 78B-6-102, 78B-6-117, and 78B-6-137;
4213 (b) consider a potential adoptive parent's willingness or unwillingness to enter a
4214 postadoption contact agreement under Section 78B-6-146 as a condition of placing a child with
4215 a potential adoptive parent; or
4216 (c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901
4217 through 1963, base the division's decision for placement of an adoptable child on the race,
4218 color, ethnicity, or national origin of either the child or the potential adoptive parent.
4219 (4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah
4220 Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section
4221 78B-6-117, priority of placement shall be provided to a family in which a couple is legally
4222 married under the laws of the state.
4223 (5) Subsections (3) and (4) do not limit the placement of a child with the child's
4224 biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25
4225 U.S.C. Sec. 1901 et seq.
4226 Section 67. Section 80-2-803 is enacted to read:
4227 80-2-803. Division promotion of adoption -- Adoption research and informational
4228 pamphlet.
4229 The division shall:
4230 (1) in accordance with Section 62A-2-126, actively promote the adoption of all
4231 children in the division's custody who have a final plan for termination of parental rights under
4232 Section 80-3-409 or a primary permanency plan of adoption;
4233 (2) develop plans for the effective use of cross-jurisdictional resources to facilitate
4234 timely adoptive or permanent placements for waiting children;
4235 (3) obtain information or conduct research regarding prior adoptive families to
4236 determine what families may do to be successful with an adoptive child;
4237 (4) make the information or research described in Subsection (3) available to potential
4238 adoptive parents;
4239 (5) prepare a pamphlet that explains the information that a child-placing agency is
4240 required to provide a potential adoptive parent under Subsection 62A-2-126(2)(b);
4241 (6) regularly distribute copies of the pamphlet described in Subsection (5) to
4242 child-placing agencies; and
4243 (7) respond to an inquiry made as a result of the notice provided by a child-placing
4244 agency under Subsection 62A-2-126(2)(b).
4245 Section 68. Section 80-2-804, which is renumbered from Section 62A-4a-205.6 is
4246 renumbered and amended to read:
4247 [
4248 contracts with child-placing agencies.
4249 (1) [
4250 of adoption or for whom a final plan for pursuing termination of parental rights [
4251 approved in accordance with Section 80-3-409, the division shall make intensive efforts to
4252 place the child in an adoptive home within 30 days [
4253 (a) [
4254 (b) [
4255 (2) If within the time periods described in Subsection (1) the division is unable to
4256 locate a suitable adoptive home, [
4257 62A-2-126, contract with [
4258 62A, Chapter 2, Licensure of Programs and Facilities, to search for an appropriate adoptive
4259 home for the child, and to place the child for adoption. [
4260
4261
4262
4263
4264 [
4265
4266
4267 [
4268
4269
4270 Section 69. Section 80-2-805, which is renumbered from Section 62A-4a-106 is
4271 renumbered and amended to read:
4272 [
4273 Access to health care for an adopted child.
4274 [
4275
4276 [
4277 [
4278 [
4279 [
4280 [
4281 [
4282 [
4283 [
4284 [
4285 [
4286
4287 [
4288
4289
4290 [
4291 division expressly requests otherwise, the division may not, solely on the basis that the parent
4292 or guardian contacts the division regarding services or requests services from the division:
4293 (a) remove or facilitate the removal of a child from the child's home;
4294 (b) file a petition for removal of a child from the child's home;
4295 (c) file a petition for a child protective order;
4296 (d) make a supported finding;
4297 (e) seek a substantiated finding;
4298 (f) file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a
4299 petition alleging that a child is [
4300 (g) file a petition for termination of parental rights, as defined in Section 80-4-102.
4301 [
4302 out-of-home services funds or division-designated post-adopt funds to provide services to a
4303 child who is adopted from the custody of the division, without requiring that [
4304 parent terminate parental rights, or that [
4305 transfer or surrender custodial rights, in order to receive the services.
4306 (b) The division may not require, request, or recommend that a parent terminate
4307 parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to
4308 receive services, using out-of-home services funds, for a child who is adopted from the custody
4309 of the division.
4310 [
4311
4312 [
4313 division requests vendor services from the division, the division shall refer the parent or
4314 guardian to a provider of vendor services, at the parent's or guardian's expense, if:
4315 (i) (A) the parent, guardian, or child is not eligible to receive the vendor services from
4316 the division; or
4317 (B) the division does not have sufficient funds to provide the services to the parent,
4318 guardian, or child;
4319 (ii) the parent, guardian, or child does not have insurance or other funds available to
4320 receive the services without the referral; and
4321 (iii) the parent or guardian desires the referral.
4322 [
4323 services, the division shall include in the contract a requirement that [
4324 division makes a referral under Subsection [
4325 (i) provide services to the parent, guardian, or child at a rate that does not exceed the
4326 rate that the vendor charges the division for the services; and
4327 (ii) may not charge the parent, guardian, or child any fee that the vendor does not
4328 charge the division.
4329 (4) The division shall ensure that a child who is adopted and was previously in the
4330 division's custody, continues to receive the medical and mental health coverage that the child is
4331 entitled to under state and federal law.
4332 Section 70. Section 80-2-806, which is renumbered from Section 62A-4a-903 is
4333 renumbered and amended to read:
4334 [
4335 (1) The purpose of this section is to provide adoption assistance to eligible adoptive
4336 families to establish and maintain a permanent adoptive placement for a child who has a
4337 special need and who qualifies under state and federal law.
4338 (2) (a) The division may provide adoption assistance to an adoptive family who is
4339 eligible under this section.
4340 [
4341 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, eligibility criteria
4342 for the receipt of adoption assistance and supplemental adoption assistance.
4343 [
4344 (c) The division shall base a determination of eligibility for the receipt of adoption
4345 assistance or supplemental adoption assistance on:
4346 [
4347 [
4348 [
4349 [
4350 [
4351 assistance to provide post-adoption services to a child who is adopted from the custody of the
4352 division; and
4353 [
4354 division expressly requests otherwise, may not require, request, or recommend that a parent
4355 terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in
4356 order to receive post-adoption services for the child, regardless of whether funds for the
4357 post-adoption services come from funds appropriated for adoption assistance or post-adoption
4358 services.
4359 (3) (a) Except as provided in Subsection (3)(c) and under the federal requirements of
4360 Social Security Act, 42 U.S.C. Sec. 670 et seq., the division:
4361 (i) shall provide for:
4362 (A) payment of nonrecurring adoption expenses for an eligible child who has a special
4363 need; and
4364 (B) state medical assistance when required by federal law; and
4365 (ii) may provide for monthly subsidies for an eligible child who has a special need.
4366 (b) (i) The division shall base the level of monthly subsidy under Subsection (3)(a) on:
4367 (A) the child's present and long-term treatment and care needs; and
4368 (B) the family's ability to meet the needs of the child.
4369 (ii) The level of monthly subsidy under Subsection (3)(b)(i) may increase or decrease
4370 when the child's level of need or the family's ability to meet the child's need changes.
4371 (iii) The family or the division may initiate changes to the monthly subsidy.
4372 (c) (i) Payment of nonrecurring adoption expenses under Subsection (3)(a) may not
4373 exceed $2,000 and shall be limited to costs incurred before the day on which the adoption is
4374 finalized.
4375 (ii) Financial support provided under Subsection (3)(a) may not exceed the maximum
4376 foster care payment that would be paid at the time the subsidy amount is initiated or revised or
4377 if the eligible child had been in a foster family home.
4378 Section 71. Section 80-2-807, which is renumbered from Section 62A-4a-905 is
4379 renumbered and amended to read:
4380 [
4381 advisory committee.
4382 (1) (a) The division may, based [
4383 adoption assistance and, subject to Subsection (2)(c), division rules made in accordance with
4384 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide supplemental adoption
4385 assistance for a child who has a special need. [
4386
4387 (b) The division shall provide supplemental adoption assistance under Subsection
4388 (1)(a) only after all other resources for which [
4389 (2) (a) The department shall, by rule, made in accordance with Title 63G, Chapter 3,
4390 Utah Administrative Rulemaking Act, establish [
4391 committee to review and make recommendations to the division on individual requests for
4392 supplemental adoption assistance.
4393 (b) The advisory committee shall be comprised of:
4394 (i) an adoption expert;
4395 (ii) an adoptive parent;
4396 (iii) a division representative;
4397 (iv) a foster parent; and
4398 (v) an adoption caseworker.
4399 [
4400 provision that establishes a threshold amount for requests for supplemental adoption assistance
4401 that require review by the advisory committee [
4402 Section 72. Section 80-2-808, which is renumbered from Section 62A-4a-906 is
4403 renumbered and amended to read:
4404 [
4405 assistance.
4406 (1) [
4407 terminate or modify adoption assistance unless the division [
4408 parents notice and opportunity for a hearing as required in Title 63G, Chapter 4, Administrative
4409 Procedures Act.
4410 (2) [
4411 assistance if any of the following occur:
4412 (a) the adoptive parents request termination;
4413 (b) subject to Subsection (3), the child reaches 18 years [
4414
4415
4416
4417 (c) the child dies;
4418 (d) the adoptive parents die;
4419 (e) the adoptive [
4420 (f) the state determines that the child is no longer receiving support from the adoptive
4421 parents;
4422 (g) the child marries; or
4423 (h) the child enters military service.
4424 (3) Adoption assistance may not continue after the day on which the child reaches 21
4425 years old.
4426 Section 73. Section 80-2-809, which is renumbered from Section 62A-4a-907 is
4427 renumbered and amended to read:
4428 [
4429 agreements.
4430 (1) [
4431 (a) "Adoption assistance" means financial support to [
4432 parent provided under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of
4433 the Social Security Act, and Title XIX of the Social Security Act.
4434 (b) "Adoption assistance agreement" means a written agreement between the division
4435 and adoptive parents, or between any other state and adoptive parents, providing for adoption
4436 assistance.
4437 (2) The division may develop and negotiate [
4438 for the provision of medical identification and assistance to [
4439 adoptive parent who receives adoption assistance.
4440 (3) An interstate compact under Subsection (2) shall include:
4441 (a) a provision:
4442 (i) for joinder by all states;
4443 [
4444 parties, with a period of one year between the date of the notice and the effective date of
4445 withdrawal;
4446 (iii) that a child who is the subject of an adoption assistance agreement with another
4447 party state, and who subsequently becomes a resident of this state, shall receive medical
4448 identification and assistance in this state under the Adoption Assistance and Child Welfare Act
4449 of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based
4450 on the child's adoption assistance agreement; and
4451 (iv) that a child who is the subject of an adoption assistance agreement with the
4452 division, and who subsequently becomes a resident of another party state, shall receive medical
4453 identification and assistance from that state under the Adoption and Child Welfare Act of 1980,
4454 Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on his
4455 adoption assistance agreement; and
4456 [
4457 (i) each instance of adoption assistance to which the compact applies be covered by [
4458
4459 state [
4460 (ii) any agreement is expressly for the benefit of the adopted child and is enforceable
4461 by the adoptive [
4462 (iii) the protections of the interstate compact continue for the duration of the adoption
4463 assistance and apply to all children and the children's adoptive parents who receive adoption
4464 assistance from a party state other than the state in which the children reside.
4465 [
4466
4467
4468
4469
4470 [
4471
4472
4473
4474
4475 [
4476
4477
4478 [
4479 (i) shall provide services to a child who is the subject of an adoption assistance
4480 agreement executed by the division, and who is a resident of another state, if [
4481 services are not provided by the child's residence state under an interstate compact[
4482 [
4483 adoptive parent upon receipt of evidence of [
4484 for which the child is eligible, which were not paid by the residence state, and are not covered
4485 by insurance or other third party medical contract.
4486 (b) The services provided under this subsection are [
4487 is no federal contribution, or which, if federally aided, are not provided by the residence state.
4488 Section 74. Section 80-2-901 is enacted to read:
4489
4490 80-2-901. Definitions.
4491 As used in this part:
4492 (1) "State" means:
4493 (a) a state of the United States;
4494 (b) the District of Columbia;
4495 (c) the Commonwealth of Puerto Rico;
4496 (d) the Virgin Islands;
4497 (e) Guam;
4498 (f) the Commonwealth of the Northern Mariana Islands; or
4499 (g) a territory or possession administered by the United States.
4500 (2) "State plan" means the written description of the programs for children, youth, and
4501 family services administered by the division in accordance with federal law.
4502 Section 75. Section 80-2-902, which is renumbered from Section 62A-4a-703 is
4503 renumbered and amended to read:
4504 [
4505 Compact.
4506 (1) The "appropriate public authorities," as used in Article III of the Interstate Compact
4507 on the Placement of Children shall, with reference to this state, mean the division.
4508 (2) The division shall receive and act with reference to notices required by Article III of
4509 the compact.
4510 Section 76. Section 80-2-903, which is renumbered from Section 62A-4a-704 is
4511 renumbered and amended to read:
4512 [
4513 Compact.
4514 As used in Paragraph (1) of Article V of the Interstate Compact on the Placement of
4515 Children, "appropriate authority in the receiving state," with reference to this state, means the
4516 director of the division.
4517 Section 77. Section 80-2-904, which is renumbered from Section 62A-4a-707 is
4518 renumbered and amended to read:
4519 [
4520 Interstate Compact.
4521 (1) As used in Article VII of the Interstate Compact on the Placement of Children,
4522 "executive" means the executive director of the department.
4523 (2) The executive director of the department is authorized to appoint a compact
4524 administrator in accordance with the terms of Article VII of the compact.
4525 Section 78. Section 80-2-905, which is renumbered from Section 62A-4a-701 is
4526 renumbered and amended to read:
4527 [
4528 Text.
4529 The Interstate Compact on the Placement of Children is hereby enacted and entered into
4530 with all other jurisdictions that legally join in the compact which is, in form, substantially as
4531 follows: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN ARTICLE I
4532 Purpose and Policy
4533 It is the purpose and policy of the party states to cooperate with each other in the
4534 interstate placement of children so that:
4535 (1) Each child requiring placement shall receive the maximum opportunity to be placed
4536 in a suitable environment and with persons or institutions having appropriate qualifications and
4537 facilities to provide necessary and desirable care.
4538 (2) The appropriate authorities in a state where a child is to be placed may have full
4539 opportunity to ascertain the circumstances of the proposed placement, thereby promoting full
4540 compliance with applicable requirements for the protection of the child.
4541 (3) The proper authorities of the state from which the placement is made may obtain
4542 the most complete information on the basis of which to evaluate a projected placement before
4543 it is made.
4544 (4) Appropriate jurisdictional arrangements for the care of the children will be
4545 promoted. ARTICLE II Definitions
4546 As used in this compact:
4547 (1) "Child" means a person who, by reason of minority, is legally subject to parental,
4548 guardianship, or similar control.
4549 (2) "Sending agency" means a party state, officer, or employee thereof; a subdivision of
4550 a party state, or officer or employee thereof; a court of a party state; a person, corporation,
4551 association, Indian tribe, charitable agency, or other entity which sends, brings, or causes to be
4552 sent or brought any child to another party state.
4553 (3) "Receiving state" means the state to which a child is sent, brought or caused to be
4554 sent or brought, whether by public authorities or private persons or agencies, and whether for
4555 placement with state or local public authorities or for placement with private agencies or
4556 persons.
4557 (4) "Placement" means the arrangement for the care of a child in a family free,
4558 adoptive, or boarding home, or in a child-caring agency or institution but does not include any
4559 institution caring for the mentally ill, mentally defective or epileptic or any institution,
4560 primarily educational in character, and any hospital or other medical facility. ARTICLE III
4561 Conditions for Placement
4562 (1) No sending agency shall send, bring, or cause to be sent or brought into any other
4563 party state any child for placement in foster care or as a preliminary to a possible adoption
4564 unless the sending agency shall comply with each and every requirement set forth in this article
4565 and with the applicable laws of the receiving state governing the placement of children therein.
4566 (2) Prior to sending, bringing, or causing any child to be sent or brought into a
4567 receiving state for placement in foster care or as a preliminary to a possible adoption, the
4568 sending agency shall furnish the appropriate public authorities in the receiving state written
4569 notice of the intention to send, bring, or place the child in the receiving state. The notice shall
4570 contain:
4571 (a) The name, date, and place of birth of the child.
4572 (b) The identity and address or addresses of the parents or legal guardian.
4573 (c) The name and address of the person, agency, or institution to or with which the
4574 sending agency proposes to send, bring, or place the child.
4575 (d) A full statement of the reasons for such proposed action and evidence of the
4576 authority pursuant to which the placement is proposed to be made.
4577 (e) Any public officer or agency in a receiving agency state which is in receipt of a
4578 notice pursuant to Paragraph (2) of this article may request of the sending agency, or any other
4579 appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive
4580 therefrom, such supporting or additional information as it may deem necessary under the
4581 circumstances to carry out the purpose and policy of this compact.
4582 (f) The child shall not be sent, brought, or caused to be sent or brought into the
4583 receiving state until the appropriate public authorities in the receiving state shall notify the
4584 sending agency, in writing, to the effect that the proposed placement does not appear to be
4585 contrary to the interests of the child. ARTICLE IV Penalty for Illegal Placement
4586 The sending, bringing, or causing to be sent or brought into any receiving state of a
4587 child in violation of the terms of this compact shall constitute a violation of the laws respecting
4588 the placement of children of both the state in which the sending agency is located or from
4589 which it sends or brings the child and of the receiving state. Such violation may be punished or
4590 subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability
4591 for any such punishment or penalty, any violation shall constitute full and sufficient grounds
4592 for the suspension or revocation of any license, permit, or other legal authorization held by the
4593 sending agency which empowers or allows it to place, or care for children. ARTICLE V
4594 Retention of Jurisdiction
4595 (1) The sending agency shall retain jurisdiction over the child sufficient to determine
4596 all matters in relation to the custody, supervision, care, treatment, and disposition of the child
4597 which it would have had if the child had remained in the sending agency's state, until the child
4598 is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of
4599 the appropriate authority in the receiving state. Such jurisdiction shall also include the power
4600 to effect or cause the return of the child or its transfer to another location and custody pursuant
4601 to law. The sending agency shall continue to have financial responsibility for support and
4602 maintenance of the child during the period of the placement. Nothing contained herein shall
4603 defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency
4604 or crime committed therein.
4605 (2) When the sending agency is a public agency, it may enter into an agreement with an
4606 authorized public or private agency in the receiving state providing for the performance of one
4607 or more services in respect of such case by the latter as agent for the sending agency.
4608 (3) Nothing in this compact shall be construed to prevent any agency authorized to
4609 place children in the receiving agency from performing services or acting as agent in the
4610 receiving agency jurisdiction for a private charitable agency of the sending agency; nor to
4611 prevent the receiving agency from discharging financial responsibility for the support and
4612 maintenance of a child who has been placed on behalf of the sending agency without relieving
4613 the responsibility set forth in Paragraph (1) above. ARTICLE VI Institutional Care of
4614 Delinquent Children
4615 A child adjudicated delinquent may be placed in an institution in another party
4616 jurisdiction pursuant to this compact, but no such placement shall be made unless the child is
4617 given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to
4618 his being sent to such other party jurisdiction for institutional care and the court finds that:
4619 (1) equivalent facilities for the child are not available in the sending agency's
4620 jurisdiction; and
4621 (2) institutional care in the other jurisdiction is in the best interest of the child and will
4622 not produce undue hardship. ARTICLE VII Compact Administrator
4623 The executive head of each jurisdiction party to this compact shall designate an officer
4624 who shall be general coordinator of activities under this compact in his jurisdiction and who,
4625 acting jointly with like officers of the party jurisdictions, shall have power to promulgate rules
4626 and regulations to carry out more effectively the terms and provisions of this compact.
4627 ARTICLE VIII Limitations
4628 This compact shall not apply to:
4629 (1) The sending or bringing of a child into a receiving state by his parent, step-parent,
4630 grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child
4631 with any such relative or nonagency guardian in the receiving state.
4632 (2) Any placement, sending or bringing of a child into a receiving state pursuant to any
4633 other interstate compact to which both the state from which the child is sent or brought and the
4634 receiving state are party or to any other agreement between said states which has the force of
4635 law. ARTICLE IX Enactment and Withdrawal
4636 This compact shall be open to joinder by any state, territory, or possession of the United
4637 States, the District of Columbia, the commonwealth of Puerto Rico, and with the consent of
4638 Congress, the government of Canada or any province thereof. It shall become effective with
4639 respect to any such jurisdiction when such jurisdiction has enacted the same into law.
4640 Withdrawal from this compact shall be by the enactment of a statute repealing the same but
4641 shall not take effect until two years after the effective date of such statute and until written
4642 notice of the withdrawal has been given by the withdrawing state to the governor of each other
4643 party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations
4644 under this compact of any sending agency therein with respect to a placement made prior to the
4645 effective date of withdrawal. ARTICLE X Construction and Severability
4646 The provisions of this compact shall be liberally construed to effectuate the purposes
4647 thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence,
4648 or provision of this compact is declared to be contrary to the constitution of any party state or
4649 of the United States, the applicability thereof to any government, agency, person, or
4650 circumstance shall not be affected thereby. If this compact shall be held contrary to the
4651 constitution of any state party thereto, the compact shall remain in full force and effect as to the
4652 remaining states and in full force and effect as to the state affected as to all severable matters.
4653 Section 79. Section 80-2-906, which is renumbered from Section 62A-4a-702 is
4654 renumbered and amended to read:
4655 [
4656 Interstate Compact.
4657 (1) Financial responsibility for a child placed [
4658 Interstate Compact on the Placement of Children shall, in the first instance, be determined in
4659 accordance with the provisions of Article V of the compact. [
4660 (2) In the event of partial or complete default of performance [
4661 compact, the provisions of Title 78B, Chapter 12, Utah Child Support Act, may also be
4662 invoked.
4663 Section 80. Section 80-2-907, which is renumbered from Section 62A-4a-705 is
4664 renumbered and amended to read:
4665 [
4666 Compact.
4667 Requirements for visitation, inspection, or supervision of children, homes, institutions,
4668 or other agencies in another party state which may apply under [
4669 this chapter or Chapter 2a, Removal and Protective Custody of a Child, shall be deemed to be
4670 met if performed [
4671 agencies of this state, or a subdivision thereof, as contemplated by Paragraph (2) of Article V
4672 of the Interstate Compact on the Placement of Children.
4673 Section 81. Section 80-2-908, which is renumbered from Section 62A-4a-706 is
4674 renumbered and amended to read:
4675 [
4676 Interstate Compact.
4677 Any court having jurisdiction to place delinquent children may place such a child in an
4678 institution in another state, [
4679 Placement of Children, and shall retain jurisdiction as provided in Article V of the compact.
4680 Section 82. Section 80-2-909, which is renumbered from Section 62A-4a-708 is
4681 renumbered and amended to read:
4682 [
4683 Any person who, under any law of this state other than this part or the [
4684
4685 [
4686 shall continue to have the ability lawfully to make or assist in making that placement, and the
4687 provisions of [
4688 62A-2-126, 62A-2-127, Subsections 80-2-802(3)(a) and (4) and 80-2-803(1), (2), and (5)
4689 through (7), and [
4690 Section 83. Section 80-2-910, which is renumbered from Section 62A-4a-710 is
4691 renumbered and amended to read:
4692 [
4693 (1) The state of Utah may request a home study report from another state or an Indian
4694 Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of
4695 the jurisdiction of the state of Utah.
4696 (2) The state of Utah may not impose any restriction on the ability of a state agency
4697 administering, or supervising the administration of, a state program operated under a state plan
4698 approved under Section 42 U.S.C. 671 to contract with a private agency to conduct a home
4699 study report described in Subsection (1).
4700 (3) [
4701 (1), the home study report shall be considered to meet all requirements imposed by the state of
4702 Utah for completion of a home study before a child is placed in a home, unless, within 14 days
4703 after the day on which the report is received, the state of Utah determines, based on grounds
4704 that are specific to the content of the report, that making a decision in reliance on the report
4705 would be contrary to the welfare of the child.
4706 Section 84. Section 80-2-1001, which is renumbered from Section 62A-4a-1003 is
4707 renumbered and amended to read:
4708
4709 [
4710 Classification of records -- Access.
4711 (1) [
4712 that meets the requirements of this section and the requirements of federal law and regulation.
4713 [
4714 [
4715
4716 [
4717
4718
4719
4720 [
4721
4722 [
4723 [
4724
4725
4726 [
4727
4728
4729 [
4730 [
4731
4732
4733 (2) The Management Information System shall:
4734 (a) contain all key elements of each family's current child and family plan, including:
4735 (i) the dates and number of times the plan has been administratively or judicially
4736 reviewed;
4737 (ii) the number of times the parent failed the child and family plan; and
4738 (iii) the exact length of time the child and family plan has been in effect; and
4739 (b) alert child welfare caseworkers regarding deadlines for completion of and
4740 compliance with policy, including child and family plans.
4741 [
4742 Information System shall provide each child welfare caseworker and the [
4743
4744 foster parent licensure and monitoring, with a complete history of each child in [
4745 the child welfare caseworker's caseload, including:
4746 (a) a record of all past action taken by the division with regard to [
4747 the child's siblings;
4748 (b) the complete case history and all reports and information in the control or keeping
4749 of the division regarding [
4750 (c) the number of times the child has been in the protective custody, temporary
4751 custody, and custody of the division;
4752 (d) the cumulative period of time the child has been in the custody of the division;
4753 (e) a record of all reports of abuse or neglect received by the division with regard to
4754 [
4755 (i) for each report, documentation of the:
4756 (A) latest status; or
4757 (B) final outcome or determination; and
4758 (ii) information that indicates whether each report was found to be:
4759 (A) supported;
4760 (B) unsupported;
4761 (C) substantiated;
4762 (D) unsubstantiated; or
4763 (E) without merit;
4764 (f) the number of times the child's parent [
4765 and
4766 (g) the number of different child welfare caseworkers who have been assigned to [
4767 the child in the past.
4768 [
4769 [
4770 [
4771
4772 [
4773
4774 [
4775 [
4776
4777 (4) [
4778 Information System shall:
4779 (a) monitor the compliance of each case with:
4780 (i) division rule;
4781 (ii) state law; and
4782 (iii) federal law and regulation; and
4783 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
4784 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
4785 the alleged perpetrator.
4786 (5) Information or a record contained in the Management Information System is:
4787 (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government
4788 Records Access and Management Act; and
4789 (b) available only:
4790 (i) to a person or government entity with statutory authorization under Title 63G,
4791 Chapter 2, Government Records Access and Management Act, to review the information or
4792 record;
4793 (ii) to a person who has specific statutory authorization to access the information or
4794 record for the purpose of assisting the state with state or federal requirements to maintain
4795 information solely for the purpose of protecting minors and providing services to families in
4796 need;
4797 (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act:
4798 (A) to comply with abuse and neglect registry checks requested by other states; or
4799 (B) to the United States Department of Health and Human Services for purposes of
4800 maintaining an electronic national registry of supported or substantiated cases of abuse and
4801 neglect;
4802 [
4803
4804
4805 (iv) to the department, upon the approval of the executive director of the department,
4806 on a need-to-know basis[
4807 (v) as provided in Subsection (6) or Section 80-2-1002.
4808 (6) (a) [
4809
4810 designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or
4811 [
4812 (b) A division contract provider or Indian tribe has access only to information about a
4813 person who is currently receiving services from [
4814 tribe.
4815 (c) (i) [
4816 necessary to comply with Subsection 78B-7-202(2).
4817 (ii) The Office of Guardian Ad Litem may access only the information that:
4818 (A) except as provided in Subsection (6)(d), is entered into the Management
4819 Information System on or after July 1, 2004, and relates to [
4820 family where the Office of Guardian Ad Litem is appointed by a court to represent the interests
4821 of the [
4822 (B) [
4823
4824 the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and
4825 annually throughout the time the individual remains with the Office of Guardian Ad Litem.
4826 (d) Notwithstanding Subsection (6)(c)(ii)[
4827 shall have access to all abuse and neglect referrals about [
4828 family where the [
4829 represent the interests of the [
4830 entered into the Management Information System.
4831 (e) [
4832 Ad Litem[
4833 Management Information System shall:
4834 (i) take all necessary precautions to safeguard the security of the information contained
4835 in the Management Information System;
4836 (ii) train its employees regarding:
4837 (A) requirements for protecting the information contained in the Management
4838 Information System [
4839 Government Records Access and Management Act; and
4840 (B) the criminal penalties under Sections [
4841 for improper release of information; and
4842 (iii) monitor its employees to ensure that [
4843 contained in the Management Information System as required by law.
4844 [
4845
4846 (7) The division shall take:
4847 (a) all necessary precautions, including password protection and other appropriate and
4848 available technological techniques, to prevent unauthorized access to or release of information
4849 contained in the Management Information System[
4850 (b) reasonable precautions to ensure that the division's contract providers comply with
4851 Subsection (6).
4852 Section 85. Section 80-2-1002, which is renumbered from Section 62A-4a-1006 is
4853 renumbered and amended to read:
4854 [
4855 Classification of records -- Access -- Unlawful release -- Penalty.
4856 (1) [
4857 [
4858 System[
4859 [
4860 [
4861 [
4862 information:
4863 (a) the name and other identifying information of the alleged perpetrator in a supported
4864 finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator;
4865 (b) a notation to the effect that an investigation regarding the alleged perpetrator
4866 described in Subsection (2)(a) is pending;
4867 [
4868 Subsection (3);
4869 [
4870 perpetrator under Subsection [
4871 (e) a finding from the juvenile court under Section 80-3-404; and
4872 [
4873 Information System as of May 6, 2002.
4874 [
4875
4876
4877 (3) Subject to [
4878 finding from the juvenile court under Section 80-3-404, the division shall:
4879 (a) promptly amend the Licensing Information System to include the finding; and
4880 (b) enter the [
4881 (4) [
4882 [
4883 (a) a protected record under Title 63G, Chapter 2, Government Records Access and
4884 Management Act[
4885 (b) [
4886 2, Government Records Access and Management Act, [
4887
4888
4889 [
4890 (i) the Office of Licensing [
4891 (A) for licensing purposes; or
4892 (B) as otherwise specifically provided for by law;
4893 (ii) the division to:
4894 (A) screen an individual at the request of the Office of Guardian Ad Litem[
4895 time [
4896 Litem[
4897 remains with the Office of Guardian Ad Litem; and
4898 (B) respond to a request for information from [
4899 listed in the Licensing Information System;
4900 (iii) [
4901 Department of Human Services, only for the following purposes:
4902 (A) licensing a child care program or provider;
4903 (B) determining whether an individual associated with a child care facility, program, or
4904 provider, who is exempt from being licensed or certified by the Department of Health under
4905 Title 26, Chapter 39, Utah Child Care Licensing Act, has a supported finding of a severe type
4906 of child abuse or neglect; or
4907 (C) determining whether an individual who is seeking an emergency medical services
4908 license has a supported finding of a severe type of child abuse or neglect;
4909 (iv) [
4910 approved by the Department of Human Services for the purpose of qualifying a child care
4911 [
4912 (v) as provided in Section 62A-2-121; or
4913 [
4914 chapter.
4915 (5) [
4916
4917 Subsection (4)[
4918 (a) protect the security of the Licensing Information System; and
4919 (b) strictly limit access to the Licensing Information System to [
4920 [
4921 (6) [
4922 person allowed access by statute to information or a record contained in the Licensing
4923 Information System [
4924
4925 (a) accessing the Licensing Information System;
4926 (b) maintaining strict security; and
4927 (c) the criminal provisions of Sections [
4928 pertaining to the improper release of information.
4929 (7) (a) [
4930 request another person to obtain or release any other information in the Licensing Information
4931 System to screen for potential perpetrators of abuse or neglect.
4932 (b) A person who requests information knowing that the request is a violation of this
4933 Subsection (7) is subject to the criminal [
4934
4935 Section 86. Section 80-2-1003, which is renumbered from Section 62A-4a-1008 is
4936 renumbered and amended to read:
4937 [
4938 information or reports in Management Information System or Licensing Information
4939 System -- Court finding.
4940 (1) (a) The division shall delete any reference in the Management Information System
4941 or Licensing Information System to a report that:
4942 [
4943 without merit, if no subsequent report involving the same alleged perpetrator [
4944 occurs within one year after the day on which the division makes the determination; or
4945 [
4946 determines is unsubstantiated or without merit, if no subsequent report involving the same
4947 alleged perpetrator [
4948 court makes the determination.
4949 (b) Except as provided in Subsection (1)(c), the information described in Subsections
4950 80-2-1002(2)(a) and (b) shall remain in the Licensing Information System:
4951 (i) if the alleged perpetrator fails to take the action described in Subsection
4952 80-2-708(3)(a) within one year after the day on which the notice described in Subsections
4953 80-2-708(1)(a) and (2) is served;
4954 (ii) during the time that the division awaits a response from the alleged perpetrator
4955 under Subsection 80-2-708(3)(a); and
4956 (iii) until a juvenile court determines that the severe type of child abuse or neglect upon
4957 which the Licensing Information System entry was based is unsubstantiated or without merit.
4958 (c) Regardless of whether an appeal on the matter is pending:
4959 (i) the division shall remove the information described in Subsections 80-2-1002(2)(a)
4960 and (b) from the Licensing Information System if the severe type of child abuse or neglect upon
4961 which the Licensing Information System entry is based:
4962 (A) is found to be unsubstantiated or without merit by the juvenile court under Section
4963 80-3-404; or
4964 (B) is found to be substantiated, but is subsequently reversed on appeal; and
4965 (ii) the division shall place back on the Licensing Information System an alleged
4966 perpetrator's name and information that is removed from the Licensing Information System
4967 under Subsection (1)(c) if the court action that was the basis for removing the alleged
4968 perpetrator's name and information is subsequently reversed on appeal.
4969 (2) (a) The division shall maintain a separation of reports as follows:
4970 [
4971 [
4972 [
4973 [
4974 [
4975 [
4976 [
4977 (b) Only a person with statutory authority may access the information contained in a
4978 report described in Subsection (2)(a).
4979 (3) [
4980 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported
4981 reports or unsupported reports in the Management Information System and the Licensing
4982 Information System[
4983 [
4984 (a) in relation to an unsupported report or a supported report, identify the types of child
4985 abuse or neglect reports that the division:
4986 (i) [
4987 individual's name [
4988 the report to request expungement;
4989 (ii) [
4990 individual's name [
4991 the report to request expungement;
4992 (iii) [
4993 accordance with Subsection (4); and
4994 (iv) [
4995 child abuse or neglect;
4996 (b) establish an administrative process and a standard of review for the subject of a
4997 report to make an expungement request; and
4998 (c) define the term "expunge" or "expungement" to clarify the administrative process
4999 for removing a record from the information system.
5000 [
5001 Information System or Licensing Information System for a type of child abuse or neglect report
5002 identified under Subsection [
5003 expunged 10 years after the last date on which the individual's name [
5004 information system for a supported or unsupported report.
5005 [
5006 least one year after the [
5007 may again request to have the individual's report expunged.
5008 [
5009
5010 Section 87. Section 80-2-1004, which is renumbered from Section 62A-4a-1010 is
5011 renumbered and amended to read:
5012 [
5013 Licensing Information System -- Petition for evidentiary hearing or substantiation.
5014 (1) [
5015 whose name is listed on the Licensing Information System as of May 6, 2002 [
5016
5017
5018 (a) request review by the division of [
5019 the individual's name from the Licensing Information System [
5020 (3); or
5021 (b) file a petition for [
5022 of unsubstantiated or without merit in accordance with Section 80-3-504.
5023 (2) Subsection (1) does not apply to an individual who has been the subject of any of
5024 the following court determinations with respect to the alleged incident of abuse or neglect:
5025 (a) conviction;
5026 (b) adjudication under Section 80-3-402 or 80-6-701;
5027 (c) plea of guilty;
5028 (d) plea of guilty with a mental illness; or
5029 (e) no contest.
5030 (3) If an alleged perpetrator listed on the Licensing Information System [
5031 before May 6, 2002, requests removal of the alleged perpetrator's name from the Licensing
5032 Information System, the division shall, within 30 days after the day on which the request is
5033 made:
5034 (a) (i) review the case to determine whether the incident of alleged abuse or neglect
5035 qualifies as:
5036 (A) a severe type of child abuse or neglect;
5037 (B) chronic abuse; or
5038 (C) chronic neglect; and
5039 (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect
5040 described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from
5041 the Licensing Information System; or
5042 (b) determine whether to file a petition for substantiation in accordance with Section
5043 80-3-504.
5044 [
5045
5046 [
5047 [
5048
5049
5050
5051 Section 88. Section 80-2-1005, which is renumbered from Section 62A-4a-412 is
5052 renumbered and amended to read:
5053 [
5054 neglect -- Confidential identity of a person who reports -- Access -- Admitting reports into
5055 evidence -- Unlawful release and use -- Penalty.
5056 (1) Except as otherwise provided in this chapter[
5057 Protective Custody of a Child, a report made under [
5058 and Neglect Reports, and any other information in the possession of the division obtained as
5059 [
5060 Title 63G, Chapter 2, Government Records Access and Management Act, and may only be
5061 made available to:
5062 (a) a police or law enforcement agency investigating a report of known or suspected
5063 abuse or neglect, including members of a child protection team;
5064 (b) a physician who reasonably believes that a child may be the subject of abuse or
5065 neglect;
5066 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
5067 who is the subject of a report;
5068 (d) a contract provider that has a written contract with the division to render services to
5069 a minor who is the subject of a report;
5070 (e) [
5071 litem;
5072 (f) a court, upon a finding that access to the records may be necessary for the
5073 determination of an issue before the court, provided that in a divorce, custody, or related
5074 proceeding between private parties, the record alone is:
5075 (i) limited to objective or undisputed facts that were verified at the time of the
5076 investigation; and
5077 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
5078 ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
5079 or neglect of another individual;
5080 (g) an office of the public prosecutor or [
5081 performing an official duty;
5082 (h) a person authorized by a Children's Justice Center, for the purposes described in
5083 Section 67-5b-102;
5084 (i) a person engaged in bona fide research, when approved by the director of the
5085 division, if the information does not include names and addresses;
5086 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
5087 education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
5088 individual should be permitted to obtain or retain a license as an educator or serve as an
5089 employee or volunteer in a school, limited to information with substantiated or supported
5090 findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
5091 offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
5092 the Person, and with the understanding that the office must provide the subject of a report
5093 received under Subsection (1)(k) with an opportunity to respond to the report before making a
5094 decision concerning licensure or employment;
5095 (k) any individual identified in the report as a perpetrator or possible perpetrator of
5096 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
5097 (l) a person filing a petition for a child protective order on behalf of a child who is the
5098 subject of the report;
5099 (m) a licensed child-placing agency or person who is performing a preplacement
5100 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
5101 78B-6-130;
5102 (n) an Indian tribe to:
5103 (i) certify or license a foster home;
5104 (ii) render services to a subject of a report; or
5105 (iii) investigate an allegation of abuse, neglect, or dependency; or
5106 (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
5107 local substance abuse authority, described in Section 17-43-201, for the purpose of providing
5108 substance abuse treatment to a pregnant woman or a parent of a newborn child, or the services
5109 described in Subsection 62A-15-103(2)(o).
5110 [
5111
5112
5113
5114 [
5115
5116 [
5117 Section 80-2-607 and except as provided in Section 80-2-610, the division and a law
5118 enforcement [
5119 who makes the initial report under Part 6, Child Abuse and Neglect Reports, and any [
5120 other person involved in the division's or law enforcement [
5121 investigation of the report.
5122 [
5123 including this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G,
5124 Chapter 2, Government Records Access and Management Act, [
5125 report or other information in the division's possession available under Subsection (1)(e) to a
5126 subject of the report or a parent of a child, the division shall remove from the report or other
5127 information only the names, addresses, and telephone numbers of individuals or specific
5128 information that could:
5129 [
5130 [
5131 [
5132 [
5133
5134
5135
5136 [
5137
5138
5139 [
5140 [
5141
5142 [
5143
5144
5145 [
5146
5147 under Subsection (1)(m) may provide the report to:
5148 (a) [
5149 (b) [
5150 evaluation in accordance with [
5151 (c) to a licensed child-placing agency; or [
5152 (d) an attorney seeking to facilitate an adoption.
5153 [
5154 removed, share case-specific information obtained from the division under this section with
5155 other members of the child protection team.
5156 [
5157 related proceeding between private parties, a court may not receive into evidence a report that:
5158 (i) is provided to the court:
5159 (A) under Subsection (1)(f); or
5160 (B) by a parent of the child after the record is made available to the parent under
5161 Subsection (1)(e);
5162 (ii) describes a parent of the child as the alleged perpetrator; and
5163 (iii) is found to be unsubstantiated, unsupported, or without merit.
5164 (b) (i) After a motion to admit the report described in Subsection [
5165 the court shall allow sufficient time for all subjects of the record to respond before making a
5166 finding on the motion.
5167 (ii) After considering the motion described in Subsection [
5168 receive the report into evidence upon a finding on the record of good cause.
5169 (7) (a) A person may not:
5170 (i) willfully permit, or aid and abet, the release of data or information in the possession
5171 of the division or contained in the Management Information System in violation of this part or
5172 Part 6, Child Abuse and Neglect Reports; or
5173 (ii) if the person is not listed in Subsection (1), request another person to obtain or
5174 release a report or other information that the other person obtained under Subsection (1)(k) to
5175 screen for potential perpetrators of abuse or neglect.
5176 (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii)
5177 knowing the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C
5178 misdemeanor.
5179 Section 89. Section 80-2-1006 is enacted to read:
5180 80-2-1006. Sharing of records with Indian tribe under agreement.
5181 If the division has a privacy agreement with an Indian tribe to protect the confidentiality
5182 of division records regarding an Indian child to the same extent that the division is required to
5183 protect other division records, the division shall cooperate with and share all appropriate
5184 information in the division's possession regarding an Indian child, the Indian child's parent or
5185 guardian, or a proposed placement for the Indian child with the Indian tribe that is affiliated
5186 with the Indian child.
5187 Section 90. Section 80-2-1007, which is renumbered from Section 62A-4a-112 is
5188 renumbered and amended to read:
5189 [
5190 Access to related records -- Unlawful removal -- Penalty.
5191 (1) (a) An individual who is a taxpayer and resident of this state and who desires to
5192 examine a payment for services offered by the division in accordance with this chapter or
5193 Chapter 2a, Removal and Protective Custody of a Child, shall sign a statement using a form
5194 prescribed by the division[
5195 (i) an assertion that the individual is a taxpayer and a resident[
5196 the state; and
5197 (ii) a commitment that any information obtained will not be used for commercial or
5198 political purposes. [
5199
5200
5201 (b) An individual may not make a partial or complete list of names, addresses, or
5202 amounts of payment under Subsection (1)(a) or remove information regarding names,
5203 addresses, or amounts of payment under Subsection (1)(a) from an office of the division.
5204 (2) The division shall[
5205 (a) after due consideration of the public interest, define the nature of confidential
5206 information to be safeguarded by the division; and [
5207 (b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5208 Rulemaking Act, to:
5209 (i) govern the custody and disclosure of the confidential information[
5210 and
5211 (ii) provide access to information regarding payments for services offered by the
5212 division.
5213 (3) This section does not prohibit:
5214 (a) the division or [
5215 division, or an individual, commission, or agency duly authorized for the purpose, from making
5216 [
5217
5218 (b) the division or [
5219 employee from conveying or providing to a local, state, or federal governmental [
5220 agency written information that would affect an individual's eligibility or ineligibility for
5221 financial service, or other beneficial [
5222 agency. [
5223
5224 (4) A person may access a division program plan, policy, or record, including a
5225 consumer record or data, in accordance with Title 63G, Chapter 2, Government Records
5226 Access and Management Act.
5227 [
5228 class B misdemeanor.
5229 Section 91. Section 80-2-1101, which is renumbered from Section 62A-4a-311 is
5230 renumbered and amended to read:
5231
5232 [
5233 -- Membership -- Expenses.
5234 (1) (a) There is established the Child Welfare Improvement Council composed of no
5235 more than 25 members who are appointed by the division.
5236 (b) Except as required by Subsection (1)(c), as terms of current council members
5237 expire, the division shall appoint each new member or reappointed member to a four-year term.
5238 (c) Notwithstanding the requirements of Subsection (1)(b), the division shall, at the
5239 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5240 council members are staggered so that approximately half of the council is appointed every two
5241 years.
5242 (d) The council shall have geographic, economic, gender, cultural, and philosophical
5243 diversity.
5244 (e) When a vacancy occurs in the membership for any reason, the division shall appoint
5245 the replacement [
5246 (2) The council shall elect a chairperson from [
5247 biannually.
5248 (3) A member may not receive compensation or benefits for the member's service, but
5249 may receive per diem and travel expenses in accordance with:
5250 (a) Section 63A-3-106;
5251 (b) Section 63A-3-107; and
5252 (c) rules made by the Division of Finance [
5253 63A-3-107.
5254 (4) (a) The council shall hold a public meeting quarterly.
5255 (b) Within budgetary constraints, meetings may also be held on the call of the chair, or
5256 of a majority of the members.
5257 (c) A majority of the members currently appointed to the council constitute a quorum
5258 at any meeting and the action of the majority of the members present shall be the action of the
5259 council.
5260 (5) The council shall:
5261 (a) advise the division on matters relating to abuse and neglect;
5262 (b) recommend to the division how funds contained in the Children's Account, created
5263 in Section 80-2-501, should be allocated; [
5264 (c) conduct public hearings to receive public comment on an abuse or neglect
5265 prevention or treatment program under Section 80-2-503;
5266 (d) provide comments to the division on a proposed amendment to performance
5267 standards in accordance with Section 80-2-1102; and
5268 [
5269 Section 92. Section 80-2-1102, which is renumbered from Section 62A-4a-117 is
5270 renumbered and amended to read:
5271 [
5272 (1) As used in this section:
5273 [
5274
5275 [
5276 other function for which there is a performance standard.
5277 [
5278 performance of each area in the child welfare system, including:
5279 (A) child protection services;
5280 (B) adoption;
5281 (C) foster care; and
5282 (D) other substitute care.
5283 (ii) "Performance standards" includes the performance goals and measures in effect in
5284 2008 that the division was subject to under federal court oversight, as amended [
5285 under Subsection (2), including:
5286 (A) the qualitative case review; and
5287 (B) the case process review.
5288 (2) (a) The division shall create performance standards.
5289 [
5290 amendment is:
5291 (i) necessary and proper for the effective administration of the division; or
5292 (ii) necessary to comply with, or implement changes in, the law.
5293 [
5294 notice of the proposed amendment to the council.
5295 [
5296 (i) the proposed amendment;
5297 (ii) a summary of the reason for the proposed amendment; and
5298 (iii) the proposed effective date of the amendment.
5299 [
5300 described in Subsection [
5301 written comments on the proposed amendment.
5302 [
5303 standards until the earlier of:
5304 (i) seven days after the day on which the division receives the written comments
5305 regarding the proposed change described in Subsection [
5306 (ii) 52 days after the day on which the division provides the notice described in
5307 Subsection [
5308 [
5309 (i) give full, fair, and good faith consideration to all comments and objections received
5310 from the council;
5311 (ii) notify the council in writing of:
5312 (A) the division's decision regarding the proposed amendment; and
5313 (B) the reasons that support the decision;
5314 (iii) include complete information on all amendments to the performance standards in
5315 the report described in Subsection (4); and
5316 (iv) post the changes on the division's website.
5317 (3) The division shall maintain a performance monitoring system to regularly:
5318 (a) collect information on performance indicators; and
5319 (b) compare performance indicators to performance standards.
5320 (4) Before January 1 of each year, the director shall submit a written report to the Child
5321 Welfare Legislative Oversight Panel and the Social Services Appropriations Subcommittee that
5322 includes:
5323 (a) a comparison between the performance indicators for the prior fiscal year and the
5324 performance standards;
5325 (b) for each performance indicator that does not meet the performance standard:
5326 (i) the reason the standard was not met;
5327 (ii) the measures that need to be taken to meet the standard; and
5328 (iii) the division's plan to comply with the standard for the current fiscal year;
5329 (c) data on the extent to which new and experienced division employees have received
5330 training [
5331 (d) an analysis of the use and efficacy of in-home services, both before and after
5332 removal of a child from the child's home.
5333 Section 93. Section 80-2-1103, which is renumbered from Section 62A-4a-118 is
5334 renumbered and amended to read:
5335 [
5336 cases by department -- Review by legislative auditor general -- Reports.
5337 (1) The division shall use principles of quality management systems, including
5338 statistical measures of processes of service, and the routine reporting of performance data to
5339 employees.
5340 [
5341 (2) (a) The department shall:
5342 (i) develop quantifiable outcome measures and performance measures in accordance
5343 with Section [
5344 80-2-1102; and
5345 (ii) annually review a randomly selected sample of child welfare referrals to and cases
5346 handled by the division. [
5347 (b) In conducting the review described in Subsection (2)(a)(ii), the department shall:
5348 (i) assess whether the division is adequately protecting children and providing
5349 appropriate services to families, in accordance with [
5350
5351 Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4,
5352 Termination and Restoration of Parental Rights[
5353 (ii) focus directly on the outcome of cases to children and families, and not simply on
5354 procedural compliance with specified criteria.
5355 [
5356 department shall report on the review described in Subsection (2)(a) to the legislative auditor
5357 general and the Child Welfare Legislative Oversight Panel.
5358 [
5359 shall be provided to child welfare caseworkers, supervisors, and division personnel involved in
5360 the respective cases, for purposes of education, training, and performance evaluation.
5361 (3) The [
5362 the Child Welfare Legislative Oversight Panel under Subsection (2) shall include:
5363 (a) the criteria used by the [
5364 department in making the evaluation;
5365 (b) findings regarding whether state statutes, division rule, legislative policy, and
5366 division policy were followed in each sample case;
5367 (c) findings regarding whether, in each sample case, referrals, removals, or cases were
5368 appropriately handled by the division and [
5369 were adequately and appropriately protected and appropriate services provided to families, in
5370 accordance with the provisions of [
5371 this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse,
5372 Neglect, and Dependency Proceedings, [
5373 Parental Rights, and division rule;
5374 (d) an assessment of the division's intake procedures and decisions, including an
5375 assessment of the appropriateness of decisions not to accept referrals; and
5376 (e) an assessment of the appropriateness of the division's assignment of priority.
5377 (4) (a) In addition to the [
5378 legislative auditor general shall audit, subject to the prioritization of the Legislative Audit
5379 Subcommittee, a sample of child welfare referrals to and cases handled by the division and
5380 report the findings to the Child Welfare Legislative Oversight Panel.
5381 (b) An audit under Subsection (4)(a) may be initiated by:
5382 (i) the Audit Subcommittee of the Legislative Management Committee;
5383 (ii) the Child Welfare Legislative Oversight Panel; or
5384 (iii) the legislative auditor general, based on the results of the executive director's
5385 review under Subsection (2).
5386 (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
5387 General's report may include:
5388 (i) findings regarding whether state statutes, division rule, legislative policy, and
5389 division policy were followed by the division and [
5390 (ii) a determination regarding whether referrals, removals, and cases were appropriately
5391 handled by the division and [
5392 adequately and appropriately protected and appropriate services provided for families, in
5393 accordance with the provisions of [
5394 this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse,
5395 Neglect, and Dependency Proceedings, [
5396 Parental Rights, and division rule;
5397 (iii) an assessment of the division's intake procedures and decisions, including an
5398 assessment of the appropriateness of decisions not to accept referrals;
5399 (iv) an assessment of the appropriateness of the division's assignment of priority;
5400 (v) a determination regarding whether the department's review process is effecting
5401 beneficial change within the division and accomplishing the mission established by the
5402 Legislature and the department for that review process; and
5403 (vi) findings regarding any other issues identified by the auditor or others under this
5404 Subsection (4).
5405 Section 94. Section 80-2-1104, which is renumbered from Section 62A-4a-208 is
5406 renumbered and amended to read:
5407 [
5408 Authority -- Report.
5409 (1) As used in this section:
5410 (a) "Complaint" means a complaint regarding an act or omission by the division with
5411 respect to a particular child.
5412 [
5413 ombudsman.
5414 [
5415 under this section.
5416 (2) (a) There is created within the department the position of child protection
5417 ombudsman. [
5418
5419 [
5420 [
5421 (b) The executive director of the department shall:
5422 (i) appoint an ombudsman who has:
5423 (A) recognized executive and administrative capacity; and
5424 [
5425
5426 [
5427 abused, neglected, and dependent children[
5428 (ii) select the ombudsman solely with regard to qualifications and fitness to discharge
5429 the duties of the ombudsman.
5430 (c) The ombudsman shall [
5431 (i) serve at the pleasure of the executive director of the department; and
5432 (ii) devote full-time to the duties described in this section.
5433 (3) [
5434 (a) unless the ombudsman decides not to investigate the complaint, upon receipt of a
5435 complaint [
5436 respect to a particular child:
5437 (i) is contrary to statute, rule, or policy;
5438 (ii) places a child's health or safety at risk;
5439 (iii) is made without an adequate statement of reason; or
5440 (iv) is based on irrelevant, immaterial, or erroneous grounds[
5441 [
5442
5443
5444 [
5445
5446 [
5447 (b) notify the complainant and the division of:
5448 (i) the ombudsman's decision to investigate or not investigate the complaint;
5449 and
5450 (ii) if the ombudsman decides not to investigate the complaint, the reason for the
5451 decision;
5452 (c) if the ombudsman finds that a person's act or omission violates state or federal
5453 criminal law, immediately report the finding to the appropriate county or district attorney or to
5454 the attorney general;
5455 (d) immediately notify the division if the ombudsman finds that a child needs
5456 protective custody;
5457 (e) prepare a written report of the findings and recommendations, if any, of each
5458 investigation;
5459 (f) make recommendations to the division if the ombudsman finds that:
5460 (i) a matter should be further considered by the division;
5461 (ii) an administrative act should be addressed, modified, or canceled;
5462 (iii) action should be taken by the division with regard to one of the division's
5463 employees; or
5464 (iv) any other action should be taken by the division;
5465 [
5466 Administrative Rulemaking Act, make rules that govern the following:
5467 (i) receiving and processing [
5468 (ii) notifying [
5469 investigate or to decline to investigate a complaint;
5470 (iii) prioritizing workload;
5471 (iv) maximum time within which [
5472 to be completed;
5473 (v) conducting [
5474 (vi) notifying [
5475 [
5476 (vii) making recommendations based on the findings and results of [
5477 investigations;
5478 [
5479
5480 [
5481 to carry out the ombudsman's duties under this [
5482 [
5483 ombudsman to public agencies, private entities, and individuals;
5484 [
5485 (j) provide an annual report regarding the ombudsman's duties and recommendations
5486 for improvements to the child welfare system to:
5487 (i) the Child Welfare Legislative Oversight Panel;
5488 (ii) the governor;
5489 [
5490 (iii) the division; and
5491 (iv) the executive director of the department; and
5492 [
5493 [
5494 child welfare cases, and the rules, policies, and operations of the division.
5495 (4) (a) The ombudsman may:
5496 (i) decline to investigate a complaint or continue an investigation of a complaint;
5497 (ii) conduct an investigation on the ombudsman's own initiative;
5498 (iii) conduct further investigation upon the request of the complainant or upon the
5499 ombudsman's own initiative; and
5500 (iv) advise a complainant to pursue administrative remedies or channels of a complaint
5501 before pursuing a complaint with the ombudsman.
5502 (b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint
5503 directly to the ombudsman before pursuing an administrative remedy.
5504 [
5505
5506 [
5507
5508
5509
5510
5511
5512 [
5513
5514
5515 [
5516
5517 [
5518
5519 [
5520 (5) (a) A record of the ombudsman regarding an individual child welfare case shall be
5521 classified in accordance with federal law and [
5522 Government Records Access and Management Act. [
5523
5524
5525 (b) The ombudsman shall have access to all of the department's written and electronic
5526 records and databases, including those regarding individual child welfare cases.
5527 (c) In accordance with Title 63G, Chapter 2, Government Records Access and
5528 Management Act, all documents and information received by the ombudsman shall maintain
5529 the same classification that was designated by the department.
5530 [
5531
5532 [
5533
5534 [
5535 [
5536 [
5537 [
5538 Section 95. Section 80-2a-101 is enacted to read:
5539
5540
5541 80-2a-101. Definitions.
5542 (1) "Custody" means the same as that term is defined in Section 80-2-102.
5543 (2) "Division" means the Division of Child and Family Services created in Section
5544 80-2-201.
5545 (3) "Friend" means an adult who:
5546 (a) has an established relationship with the child or a family member of the child; and
5547 (b) is not the natural parent of the child.
5548 (4) "Nonrelative" means an individual who is not a noncustodial parent or relative.
5549 (5) "Relative" means an adult who:
5550 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
5551 brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
5552 (b) is the first cousin of the child's parent;
5553 (c) is an adoptive parent of the child's sibling; or
5554 (d) in the case of a child who is an Indian child, is an extended family member as
5555 defined in 25 U.S.C. Sec. 1903.
5556 (6) "Sibling" means the same as that term is defined in Section 80-2-102.
5557 (7) "Temporary custody" means the same as that term is defined in Section 80-2-102.
5558 Section 96. Section 80-2a-201, which is renumbered from Section 62A-4a-201 is
5559 renumbered and amended to read:
5560
5561 [
5562 and responsibility of state.
5563 (1) (a) Under both the United States Constitution and the constitution of this state, a
5564 parent possesses a fundamental liberty interest in the care, custody, and management of the
5565 parent's children. A fundamentally fair process must be provided to parents if the state moves
5566 to challenge or interfere with parental rights. A governmental entity must support any actions
5567 or allegations made in opposition to the rights and desires of a parent regarding the parent's
5568 [
5569 heightened protection against government interference with the parent's fundamental rights and
5570 liberty interests and, concomitantly, the right of the child to be reared by the child's natural
5571 parent.
5572 (b) The fundamental liberty interest of a parent concerning the care, custody, and
5573 management of the parent's [
5574 exist simply because a parent may fail to be a model parent or because the parent's child is
5575 placed in the temporary custody of the state. At all times, a parent retains a vital interest in
5576 preventing the irretrievable destruction of family life. [
5577 unfitness, government action in relation to [
5578 child may not exceed the least restrictive means or alternatives available to accomplish a
5579 compelling state interest. Until the state proves parental unfitness, and the child suffers, or is
5580 substantially likely to suffer, serious detriment as a result, the child and the child's [
5581 parent share a vital interest in preventing erroneous termination of their natural relationship and
5582 the state cannot presume that a child and the child's [
5583 (c) It is in the best interest and welfare of a child to be raised under the care and
5584 supervision of the child's natural parents. A child's need for a normal family life in a permanent
5585 home, and for positive, nurturing family relationships is usually best met by the child's natural
5586 parents. Additionally, the integrity of the family unit and the right of [
5587 conceive and raise [
5588 a fit, competent parent to raise the parent's child without undue government interference is a
5589 fundamental liberty interest that has long been protected by the laws and Constitution and is a
5590 fundamental public policy of this state.
5591 (d) The state recognizes that:
5592 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
5593 train, educate, provide and care for, and reasonably discipline the parent's [
5594 (ii) the state's role is secondary and supportive to the primary role of a parent.
5595 (e) It is the public policy of this state that [
5596 fundamental right and duty to exercise primary control over the care, supervision, upbringing,
5597 and education of [
5598 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
5599 Subsection (1).
5600 (2) It is also the public policy of this state that children have the right to protection
5601 from abuse and neglect, and that the state retains a compelling interest in investigating,
5602 prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has an
5603 interest in and responsibility to protect [
5604 whose parent abuses the child or does not adequately provide for [
5605 There may be circumstances where a parent's conduct or condition is a substantial departure
5606 from the norm and the parent is unable or unwilling to render safe and proper parental care and
5607 protection. Under those circumstances, the state may take action for the welfare and protection
5608 of the parent's [
5609 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
5610 [
5611 the extent to which the child's extended family may provide needed protection. Throughout
5612 [
5613 means available to protect a child, in an effort to ensure that children are brought up in stable,
5614 permanent families, rather than in temporary foster placements under the supervision of the
5615 state.
5616 (4) [
5617 safety or welfare, the division may seek custody of the child for a planned, temporary period
5618 and place the child in a safe environment, subject to the requirements of this section and in
5619 accordance with [
5620 Proceedings, and[
5621 as a last resort, pursue another permanency plan.
5622 (5) In determining and making [
5623
5624 juvenile court's paramount concern shall be the child's health, safety, and welfare. The desires
5625 of a parent for the parent's child, and the constitutionally protected rights of a parent, as
5626 described in this section, shall be given full and serious consideration by the division and the
5627 juvenile court.
5628 (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where
5629 [
5630 [
5631 way, attempt to maintain a child in the child's home, provide reunification services, or [
5632
5633 the division from providing court-ordered services.
5634 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
5635 appropriate permanency for children who are abused, neglected, or dependent. The division
5636 shall provide in-home services, [
5637 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
5638 division may pursue a foster placement only if in-home services fail or are otherwise
5639 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
5640 and kinship placement fail and cannot be corrected. The division shall also seek qualified
5641 extended family support or a kinship placement to maintain a sense of security and stability for
5642 the child.
5643 (b) If the use or continuation of [
5644 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
5645 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
5646 and to complete whatever steps are necessary to finalize the permanent placement of the child.
5647 (c) Subject to the parental rights recognized and protected under this section, if,
5648 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
5649 based on the grounds for termination of parental rights described in [
5650
5651 Parental Rights, the continuing welfare and best interest of the child is of paramount
5652 importance, and shall be protected in determining whether that parent's rights should be
5653 terminated.
5654 (8) The state's right to direct or intervene in the provision of medical or mental health
5655 care for a child is subject to Subsections [
5656 and Sections 80-3-109 and 80-3-304.
5657 Section 97. Section 80-2a-202, which is renumbered from Section 62A-4a-202.1 is
5658 renumbered and amended to read:
5659 [
5660 welfare caseworker -- Search warrants -- Protective custody and temporary care of a
5661 child.
5662 (1) A peace officer or child welfare caseworker may remove a child or take a child into
5663 protective custody, temporary custody, or custody in accordance with this section.
5664 [
5665 welfare [
5666 jurisdiction of the juvenile court, remove a child from the child's home or school, or take a
5667 child into protective custody unless:
5668 [
5669 child welfare [
5670 Subsection [
5671 [
5672 warrant under Subsection [
5673 [
5674 order after the child's parent or guardian is given notice and an opportunity to be heard; or
5675 [
5676 consent of the child's parent or guardian.
5677 [
5678
5679 under Subsection (2)(a) solely on the basis of:
5680 [
5681 school; or
5682 [
5683 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
5684 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
5685 [
5686
5687 [
5688
5689
5690
5691 [
5692
5693 [
5694
5695
5696
5697 [
5698 child welfare [
5699 custody if it appears to the juvenile court upon a verified petition, recorded sworn testimony or
5700 an affidavit sworn to by a peace officer or [
5701 examination of other witnesses if required by the juvenile court, that there is probable cause to
5702 believe that:
5703 (i) there is a threat of substantial harm to the child's health or safety;
5704 (ii) it is necessary to take the child into protective custody to avoid the harm described
5705 in Subsection [
5706 (iii) it is likely that the child will suffer substantial harm if the child's parent or
5707 guardian [
5708 into protective custody.
5709 (b) In accordance with Section 77-23-210, a peace officer making the search under
5710 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the
5711 child.
5712 [
5713
5714
5715 (4) (a) A child welfare caseworker may take action under Subsection (2) accompanied
5716 by a peace officer or without a peace officer if a peace officer is not reasonably available.
5717 (b) (i) Before taking a child into protective custody, and if possible and consistent with
5718 the child's safety and welfare, a child welfare caseworker shall determine whether there are
5719 services available that, if provided to a parent or guardian of the child, would eliminate the
5720 need to remove the child from the custody of the child's parent or guardian.
5721 (ii) In determining whether the services described in Subsection (4)(b)(i) are
5722 reasonably available, the child welfare caseworker shall consider the child's health, safety, and
5723 welfare as the paramount concern.
5724 (iii) If the child welfare caseworker determines the services described in Subsection
5725 (4)(b)(i) are reasonably available, the services shall be utilized.
5726 (5) (a) If a peace officer or a child welfare [
5727 protective custody under Subsection [
5728 caseworker shall:
5729 [
5730 accordance with Section 80-2a-203; and
5731 [
5732 responsible adult, unless:
5733 [
5734 or
5735 [
5736 with [
5737 (b) (i) If a peace officer or child welfare caseworker is executing a warrant under
5738 Subsection (3), the peace officer or child welfare caseworker shall take the child to:
5739 (A) a shelter facility; or
5740 (B) if the division makes an emergency placement under Section 80-2a-301, the
5741 emergency placement.
5742 [
5743 shelter facility under Subsection (5)(b)(i), the peace officer or the child welfare [
5744 caseworker shall promptly file a written report that includes the child's information, on a form
5745 provided by the division, with the shelter facility.
5746 [
5747 not be placed or kept in detention[
5748 unless the child may be held in detention under [
5749 Detention.
5750 [
5751
5752 [
5753 [
5754 [
5755
5756
5757 [
5758
5759
5760 [
5761 child welfare worker to search for a child who is missing, has been abducted, or has run away,
5762 and take the child into physical custody if the juvenile court determines that[
5763
5764 away from the protective custody, temporary custody, or custody of the division.
5765 [
5766 [
5767 parent-time with the child in accordance with Subsection 80-2a-203(5)(a);
5768 [
5769 [
5770 the child ran away to enter a record of the warrant into the National Crime Information Center
5771 database within 24 hours after the time in which the law enforcement agency receives a copy of
5772 the warrant; and
5773 [
5774 [
5775 (c) the court shall specify the location to which the peace officer or the child welfare
5776 [
5777 [
5778 [
5779 [
5780 [
5781
5782 [
5783 [
5784 Section 98. Section 80-2a-203, which is renumbered from Section 62A-4a-202.2 is
5785 renumbered and amended to read:
5786 [
5787 child -- Locating noncustodial parent -- Information provided to parent, guardian, or
5788 responsible relative.
5789 (1) (a) A peace officer or [
5790 protective custody under Subsection [
5791 reasonable efforts to locate and inform, through the most efficient means available, the child's
5792 parents, including a noncustodial parent, the child's guardian, or a responsible relative:
5793 (i) that the child [
5794 (ii) the [
5795 (iii) that the parent, guardian, or relative will be provided with information on:
5796 (A) the parent's or guardian's procedural rights; and
5797 (B) the preliminary stages of the investigation and shelter hearing;
5798 (iv) of a telephone number where the parent or guardian may access further
5799 information;
5800 (v) that the child and the child's parent or guardian are entitled to have an attorney
5801 present at the shelter hearing;
5802 (vi) that if the child's parent or guardian is an indigent individual[
5803
5804 (vii) that resources are available to assist the child's parent or guardian, including:
5805 (A) a parent advocate;
5806 (B) a qualified attorney; or
5807 (C) potential expert witnesses to testify on behalf of the child[
5808 [
5809 (b) For purposes of locating and informing the noncustodial parent [
5810 under Subsection (1)(a), the division shall search for the noncustodial parent through the
5811 [
5812 locate the noncustodial parent through other reasonable efforts.
5813 (2) At the time that a child is taken into protective custody under Subsection
5814 [
5815 guardian [
5816 (a) all of the information described in Subsection (1);
5817 (b) information on the conditions under which a child may be released from protective
5818 custody;
5819 (c) information on resources that are available to the parent or guardian, including:
5820 (i) mental health resources;
5821 (ii) substance abuse resources; and
5822 (iii) parenting classes; and
5823 (d) any other information considered relevant by the division.
5824 (3) The division shall ensure the informational packet described in Subsection (2)
5825 [
5826 (a) evaluated periodically for the effectiveness of the informational packet at conveying
5827 necessary information and revised accordingly;
5828 (b) written in simple, easy-to-understand language;
5829 (c) available in English and other languages as the division determines to be
5830 appropriate and necessary; and
5831 (d) made available for distribution in:
5832 (i) schools;
5833 (ii) health care facilities;
5834 (iii) local police and sheriff's offices;
5835 (iv) the offices of the division; and
5836 (v) any other appropriate office within the [
5837 department.
5838 (4) If reasonable efforts are made by the peace officer or child welfare caseworker to
5839 notify the child's parent or guardian or a responsible relative [
5840
5841 (a) shall be considered to be due to circumstances beyond the control of the peace
5842 officer or child welfare caseworker; and
5843 (b) may not be construed to:
5844 (i) permit a new defense to any juvenile or judicial proceeding; or
5845 (ii) interfere with any rights, procedures, or investigations provided for by this chapter
5846 [
5847 Termination and Restoration of Parental Rights.
5848 (5) (a) If the juvenile court issues a warrant under Subsection 80-2a-202(6), the
5849 division shall provide notice of the warrant to the child's parent or guardian who:
5850 (i) has a right to parent-time with the child; and
5851 (ii) (A) is the child's primary caregiver; or
5852 (B) has custody of the child when the warrant is sought.
5853 (b) The division shall make a good faith effort to provide notice to the child's parent or
5854 guardian who:
5855 (i) is not required to be notified under Subsection (5)(a); and
5856 (ii) has a right to parent-time with the child.
5857 Section 99. Section 80-2a-301, which is renumbered from Section 62A-4a-209 is
5858 renumbered and amended to read:
5859
5860 [
5861 Background checks.
5862 [
5863 [
5864 [
5865 [
5866 [
5867
5868 (1) The division may place a child in an emergency placement if:
5869 (a) the [
5870 (i) the child's home is unsafe;
5871 (ii) removal is necessary under [
5872 80-2a-202; and
5873 (iii) the child's custodial parent or guardian will agree to not remove the child from the
5874 home of the individual that serves as the placement and not have any contact with the child
5875 until after the time at which the shelter hearing [
5876 (b) an individual, with preference being given in accordance with Subsection (4), can
5877 be identified who has the ability and is willing to provide care for the child who would
5878 otherwise be placed in shelter care, including:
5879 (i) taking the child to medical, mental health, dental, and educational appointments at
5880 the request of the division; and
5881 (ii) making the child available to division services and the guardian ad litem; and
5882 (c) the individual described in Subsection [
5883 emergency basis under the following conditions:
5884 (i) the individual meets the criteria for an emergency placement under Subsection [
5885 (2);
5886 (ii) the individual agrees to not allow the custodial parent or guardian to have any
5887 contact with the child until after the time at which the shelter hearing is held unless authorized
5888 by the division in writing;
5889 (iii) the individual agrees to contact law enforcement and the division if the custodial
5890 parent or guardian attempts to make unauthorized contact with the child;
5891 (iv) the individual agrees to allow the division and the child's guardian ad litem to have
5892 access to the child;
5893 (v) the individual [
5894 continue to search for other possible placements for long-term care of the child, if needed;
5895 (vi) the individual is willing to assist the custodial parent or guardian in reunification
5896 efforts at the request of the division, and to follow all court orders; and
5897 (vii) the child is comfortable with the individual.
5898 [
5899 which the division places a child in an emergency placement, the division:
5900 (a) may request the name of a reference and may contact the reference to determine
5901 [
5902 (i) [
5903 the emergency placement; and
5904 (ii) [
5905 long-term placement for the child;
5906 (b) in accordance with Subsection (4)(a), shall have the custodial parent or guardian
5907 sign an emergency placement agreement form during the investigation described in Subsection
5908 (2)(a);
5909 (c) (i) if the emergency placement will be with a relative, shall comply with the
5910 background check provisions described in Subsection [
5911 (ii) if the emergency placement will be with an individual other than a noncustodial
5912 parent or [
5913 Subsection [
5914 (d) shall complete a limited home inspection of the home where the emergency
5915 placement is made; and
5916 (e) shall require the child welfare caseworker to have the emergency placement
5917 approved by a [
5918 [
5919 apply the following order of preference when determining the [
5920 child will be placed in an emergency placement [
5921 individual is able and willing[
5922 (i) a noncustodial parent of the child in accordance with Section 80-3-302;
5923 (ii) a relative;
5924 (iii) subject to Subsection [
5925 guardian, or the child, if the child is of sufficient maturity to articulate the child's wishes in
5926 relation to a placement;
5927 (iv) a former foster placement designated by the division;
5928 (v) a foster placement, that is not a former foster placement, designated by the division;
5929 and
5930 (vi) a shelter facility designated by the division.
5931 (b) In determining whether a friend is a willing and appropriate temporary emergency
5932 placement for a child, the division:
5933 (i) subject to Subsections [
5934 preferences or level of comfort with the friend;
5935 (ii) is required to consider no more than one friend designated by each parent or legal
5936 guardian of the child and one friend designated by the child, if the child is of sufficient maturity
5937 to articulate the child's wishes in relation to a placement;
5938 (iii) may limit the number of designated friends to two, one of whom shall be a friend
5939 designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
5940 relation to a placement; and
5941 (iv) shall give preference to a friend designated by the child, if:
5942 (A) the child is of sufficient maturity to articulate the child's wishes; and
5943 (B) the division's basis for removing the child under Section [
5944 is sexual abuse of the child.
5945 [
5946 Subsections [
5947 noncustodial parent if, based on a limited investigation[
5948 which the division makes the emergency placement, the division:
5949 (i) determines that the noncustodial parent has regular, unsupervised visitation with the
5950 child that is not prohibited by law or court order;
5951 (ii) determines that there is not reason to believe that the child's health or safety will be
5952 endangered during the emergency placement; and
5953 (iii) has the custodial parent or guardian sign an emergency placement agreement.
5954 (b) Either before or after [
5955 placement with the noncustodial parent of the child, the division may conduct the investigation
5956 described in Subsection [
5957 (c) Before, or within one day, excluding weekends and holidays, after [
5958
5959 noncustodial parent of the child, the division shall conduct a limited:
5960 (i) background check of the noncustodial parent, [
5961 (6); and
5962 (ii) inspection of the home where the emergency placement is made.
5963 [
5964 (a) respond to the emergency placement's calls within one hour after the call is received
5965 if the custodial [
5966 unauthorized contact with the child or [
5967 emergency placement;
5968 (b) complete all removal paperwork, including the notice provided to the [
5969
5970 (c) if the child is not placed with a noncustodial parent, relative, or friend, file a report
5971 with the child welfare caseworker's supervisor that explains why a different placement is in the
5972 child's best interest;
5973 [
5974 [
5975 [
5976 child, if needed.
5977 [
5978 (2)(c)(i) and (4)(c)(i) shall include completion of:
5979 (i) a name-based, Utah Bureau of Criminal Identification background check; and
5980 (ii) a search of the Management Information System [
5981
5982 (b) The division shall determine whether an individual passes the background check
5983 described in [
5984 with Subsection 62A-2-120(14).
5985 (c) Notwithstanding Subsection [
5986 individual who is prohibited by court order from having access to [
5987 [
5988 completion of:
5989 (i) a name-based, Utah Bureau of Criminal Identification background check;
5990 (ii) a federal name-based criminal background check; and
5991 (iii) a search of the Management Information System [
5992
5993 (b) The division shall determine whether an individual passes the background checks
5994 described in [
5995 with Section 62A-2-120.
5996 (c) If the division denies placement of a child as a result of a name-based criminal
5997 background check described in Subsection [
5998 denial, the individual shall submit a complete set of fingerprints with written permission to the
5999 Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation
6000 for a fingerprint-based criminal background check.
6001 (d) (i) Within 15 calendar days [
6002 checks are completed, the division shall require [
6003 fingerprints with written permission to the Utah Bureau of Criminal Identification for
6004 submission to the Federal Bureau of Investigation for a fingerprint-based criminal background
6005 check.
6006 (ii) If [
6007 described in Subsection [
6008 home.
6009 Section 100. Section 80-2a-302, which is renumbered from Section 62A-4a-203 is
6010 renumbered and amended to read:
6011 [
6012 home -- Exception -- Reasonable efforts for reunification.
6013 (1) Because removal of a child from the child's home affects protected, constitutional
6014 rights of the parent and has a dramatic, long-term impact on a child, the division shall:
6015 (a) [
6016 reasonable efforts to prevent or eliminate the need for removal of a child from the child's home
6017 [
6018 (b) determine whether there is substantial cause to believe that a child has been or is in
6019 danger of abuse or neglect, in accordance with the guidelines described in [
6020 Abuse, Neglect, and Dependency Proceedings, before removing the child from the child's
6021 home; and
6022 (c) [
6023 requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible
6024 for a child in substitute care to return to the child's home.
6025 (2) (a) In determining the reasonableness of efforts needed to maintain a child in the
6026 child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or
6027 (c), the child's health, safety, and welfare shall be the paramount concern.
6028 (b) The division shall consider whether the efforts described in Subsections (1) and (2)
6029 are likely to prevent abuse or continued neglect of the child.
6030 (3) [
6031 the efforts described in Subsections (1) and (2):
6032 (a) are not reasonable or appropriate; and
6033 (b) should not be utilized.
6034 (4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation,
6035 abandonment, severe abuse, or severe neglect are involved, the state has no duty to make
6036 reasonable efforts to, in any way, attempt to:
6037 (a) maintain a child in the child's home;
6038 (b) provide reunification services; or
6039 (c) rehabilitate the offending parent or parents.
6040 (5) [
6041 from providing court ordered services.
6042 Section 101. Section 80-2a-303, which is renumbered from Section 62A-4a-206.5 is
6043 renumbered and amended to read:
6044 [
6045 (1) [
6046 temporary custody, or custody of the division is missing, has been abducted, or has run away,
6047 the division shall:
6048 (a) within 24 hours after the time when the division has reason to believe that the
6049 information that the child is missing, has been abducted, or has run away is accurate, notify the
6050 National Center for Missing and Exploited Children; and
6051 (b) pursue a warrant under Subsection [
6052 (2) [
6053 shall:
6054 (a) determine the primary factors that caused or contributed to the child's absence from
6055 care;
6056 (b) determine the child's experiences while absent from care, including screening the
6057 child to determine if the child is a sex trafficking victim;
6058 (c) to the extent possible, select a placement for the child that accommodates the
6059 child's needs and takes into consideration the factors and experiences described in Subsections
6060 (2)(a) and (b); and
6061 (d) follow the requirements in Section 80-3-303 for determining an ongoing placement
6062 of the child.
6063 Section 102. Section 80-2a-304, which is renumbered from Section 62A-4a-206 is
6064 renumbered and amended to read:
6065 [
6066 -- Procedural due process.
6067 (1) (a) The Legislature finds that, except with regard to a child's natural parent or
6068 [
6069 family's familial relationship with a foster child who has been in the care and custody of [
6070
6071 foster home, the division may not dismiss the foster family as a mere collection of unrelated
6072 individuals.
6073 (b) The Legislature finds that children in the temporary custody and custody of the
6074 division are experiencing multiple changes in foster care placements with little or no
6075 documentation, and that numerous studies of child growth and development emphasize the
6076 importance of stability in foster care living arrangements.
6077 (c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
6078 procedural due process for a foster family [
6079 [
6080 foster family's home, unless removal is for the purpose of:
6081 (i) returning the child to the child's natural parent or [
6082 (ii) immediately placing the child in an approved adoptive home;
6083 (iii) placing the child with a relative[
6084 custody or asserted an interest in the child within the preference period described in Subsection
6085 80-3-302(8); or
6086 (iv) placing an Indian child in accordance with placement preferences and other
6087 requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
6088 (2) (a) The division shall maintain and utilize due process procedures for removal of a
6089 foster child from a foster home, in accordance with the procedures and requirements of Title
6090 63G, Chapter 4, Administrative Procedures Act.
6091 (b) [
6092 for:
6093 (i) personal communication with, and a written explanation of the reasons for the
6094 removal to, the foster parents [
6095 (ii) an opportunity for foster parents to:
6096 (A) present [
6097 and
6098 [
6099 neutral fact finder[
6100 period of at least two years, request a review, to be held before removal of the child, by[
6101 the juvenile court judge currently assigned to the child's case[
6102 judge currently assigned to the child's case is not available, another juvenile court judge.
6103 (c) If the division determines that there is a reasonable basis to believe that the child is
6104 in danger or that there is a substantial threat of danger to the health or welfare of the child, [
6105 the division shall place the child in emergency foster care during the pendency of the
6106 procedures described in this [
6107 placement.
6108 (3) (a) If the division removes a child from a foster home based [
6109 statement alone, the division shall initiate and expedite the processes described in Subsection
6110 (2).
6111 (b) The division may [
6112 parent's license until after [
6113 other procedure or hearing required by law, [
6114 (4) [
6115 parent, the division shall, within 30 business days after the day on which the complaint is
6116 received, provide the foster parent with information regarding the specific nature of the
6117 complaint, the time and place of the alleged incident, and who was alleged to have been
6118 involved.
6119 (5) [
6120 provide the foster parents with:
6121 (a) notification of the requirements of this section;
6122 (b) a written description of the procedures enacted by the division [
6123 Subsection (2) and how to access [
6124 (c) written notification of the foster parents' ability to petition the juvenile court
6125 directly for review of a decision to remove a foster child who [
6126 Section 80-3-502, has been in the foster parents' custody for 12 months or longer[
6127
6128 (6) [
6129 a child based on a foster parent's request for [
6130 (7) It is unlawful for a person, with the intent to avoid compliance with the
6131 requirements of this section, to:
6132 (a) take action, or encourage another to take action, against the license of a foster
6133 parent; or
6134 (b) remove a child from a foster home before the child [
6135 foster parents for two years.
6136 (8) The division may not remove a foster child from a foster parent who is a relative[
6137
6138 parent without determining [
6139 (a) by clear and convincing evidence that the foster parent is incapable of caring for the
6140 foster child, if the alternative foster parent would not be another relative of the child; or
6141 (b) by a preponderance of the evidence that the foster parent is incapable of caring for
6142 the foster child, if the alternative foster parent would be another relative of the child.
6143 Section 103. Section 80-3-102 is amended to read:
6144 80-3-102. Definitions.
6145 As used in this chapter:
6146 (1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
6147 this chapter to commence proceedings in a juvenile court alleging that a child is:
6148 (a) abused;
6149 (b) neglected; or
6150 (c) dependent.
6151 [
6152
6153 [
6154 80-2-102.
6155 [
6156 Section [
6157 [
6158 (a) has an established relationship with the child or a family member of the child; and
6159 (b) is not the natural parent of the child.
6160 [
6161 grandparent, or grandchild.
6162 [
6163 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
6164 brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
6165 (b) is a first cousin of the child's parent;
6166 (c) is an adoptive parent of the child's sibling; or
6167 (d) in the case of a child who is an Indian child, is an extended family member as
6168 defined in 25 U.S.C. Sec. 1903.
6169 [
6170 [
6171 80-2-102.
6172 [
6173 [
6174 [
6175 [
6176 [
6177 Section 104. Section 80-3-104 is amended to read:
6178 80-3-104. Individuals entitled to be present at proceedings -- Legal representation
6179 -- Attorney general responsibilities.
6180 (1) (a) A minor who is the subject of a juvenile court hearing, any person entitled to
6181 notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative
6182 providing care for the minor, are:
6183 (i) entitled to notice of, and to be present at, each hearing and proceeding held under
6184 this chapter, including administrative reviews; and
6185 (ii) have a right to be heard at each hearing and proceeding described in Subsection
6186 (1)(a)(i).
6187 (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the
6188 discretion of the guardian ad litem[
6189 Subsection (3) or the juvenile court regarding any possible detriment to the child.
6190 (2) (a) The parent or guardian of a minor who is the subject of an abuse, neglect, or
6191 dependency petition has the right to be represented by counsel, and to present evidence, at each
6192 hearing.
6193 (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition,
6194 the juvenile court shall:
6195 (i) appoint an indigent defense service provider for a parent or guardian determined to
6196 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
6197 Counsel; and
6198 (ii) order indigent defense services for the parent or [
6199 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
6200 Counsel.
6201 (3) (a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile
6202 court shall order that the child be represented by an attorney guardian ad litem, in accordance
6203 with Section 78A-2-803.
6204 (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best
6205 interest of the minor, in accordance with the requirements of Section 78A-2-803:
6206 (i) at the shelter hearing and at all subsequent court and administrative proceedings,
6207 including any proceeding for termination of parental rights in accordance with Chapter 4,
6208 Termination and Restoration of Parental Rights; and
6209 (ii) in other actions initiated under this chapter when appointed by the court under
6210 Section 78A-2-803 or as otherwise provided by law.
6211 (4) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in
6212 civil enforcement actions, the attorney general shall, in accordance with Section [
6213 80-2-303, enforce [
6214
6215 of a Child, relating to protection or custody of an abused, neglected, or dependent minor and
6216 the termination of parental rights.
6217 (5) (a) The juvenile court shall admit any individual to a hearing under this chapter,
6218 including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the
6219 record that the individual's presence at the hearing would:
6220 (i) be detrimental to the best interest of a minor who is a party to the proceeding;
6221 (ii) impair the fact-finding process; or
6222 (iii) be otherwise contrary to the interests of justice.
6223 (b) The juvenile court may exclude an individual from a hearing under Subsection
6224 (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
6225 Section 105. Section 80-3-109 is amended to read:
6226 80-3-109. Physical or mental health examination during proceedings -- Division
6227 duties.
6228 (1) In a proceeding under this chapter, the juvenile court:
6229 (a) may appoint any mental health therapist, as defined in Section 58-60-102, who the
6230 juvenile court finds to be qualified to:
6231 (i) evaluate the mental health of a minor or provide mental health services to the minor;
6232 or
6233 (ii) after notice and a hearing set for the specific purpose, evaluate the mental health of
6234 the minor's parent or guardian or provide mental health services to the parent or guardian if the
6235 juvenile court finds from the evidence presented at the hearing that the parent's or guardian's
6236 mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of
6237 the minor; or
6238 (b) may appoint a physician, or a physician assistant, who the juvenile court finds to be
6239 qualified to:
6240 (i) physically examine the minor; or
6241 (ii) after notice and a hearing set for the specific purpose, physically examine the
6242 minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing
6243 that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect,
6244 or dependency of the minor.
6245 (2) The juvenile court may not refuse to appoint a mental health therapist under
6246 Subsection (1) for the reason that the therapist's recommendations in another case did not
6247 follow the recommendations of the division.
6248 (3) The division shall, with regard to a minor in the division's custody:
6249 (a) take reasonable measures to notify a minor's parent or guardian of any
6250 non-emergency health treatment or care scheduled for a minor;
6251 (b) include the minor's parent or guardian as fully as possible in making health care
6252 decisions for the minor;
6253 (c) defer to the minor's parent's or guardian's reasonable and informed decisions
6254 regarding the minor's health care to the extent that the minor's health and well-being are not
6255 unreasonably compromised by the parent's or guardian's decision; and
6256 (d) notify the minor's parent or guardian within five business days after the day on
6257 which the minor receives emergency health care or treatment.
6258 (4) An examination conducted in accordance with Subsection (1) is not a privileged
6259 communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
6260 rule of privilege.
6261 (5) Subsection (1) applies to a proceeding under this chapter involving:
6262 (a) parents and minors; or
6263 (b) the division.
6264 Section 106. Section 80-3-201 is amended to read:
6265 80-3-201. Petition -- Who may file -- Timing -- Dismissal -- Notice.
6266 (1) Subject to Subsection (2), any interested person may file an abuse, neglect, or
6267 dependency petition.
6268 (2) A person described in Subsection (1) shall make a referral with the division before
6269 the person files an abuse, neglect, or dependency petition.
6270 (3) If a child who is the subject of an abuse, neglect, or dependency petition is removed
6271 from the child's home by the division, the petition shall be filed on or before the day on which
6272 the initial shelter hearing described in Section 80-3-301 is held.
6273 (4) An abuse, neglect, or dependency petition shall include:
6274 (a) a concise statement of facts, separately stated, to support the conclusion that the
6275 child upon whose behalf the abuse, neglect, or dependency petition is brought is abused,
6276 neglected, or dependent; and
6277 (b) a statement regarding whether the child is in protective custody, and if so, the date
6278 and precise time the child was taken into protective custody.
6279 (5) (a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall
6280 serve the petition and notice on:
6281 (i) the guardian ad litem;
6282 (ii) both parents and any guardian of the child; and
6283 (iii) the child's foster parents.
6284 (b) The notice described in Subsection (5) shall contain all of the following:
6285 (i) the name and address of the person to whom the notice is directed;
6286 (ii) the date, time, and place of the hearing on the petition;
6287 (iii) the name of the child on whose behalf the petition is brought;
6288 (iv) a statement that the parent or guardian to whom notice is given, and the child, are
6289 entitled to have an attorney present at the hearing on the petition, and that if the parent or
6290 guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney,
6291 one will be provided; and
6292 (v) a statement that the parent or [
6293 child in the protective custody, temporary custody, and custody of the division, and for legal
6294 counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the
6295 parent's or guardian's financial ability.
6296 (6) The petitioner shall serve the abuse, neglect, or dependency petition and notice
6297 under this section on all individuals described in Subsection (5)(a) as soon as possible after the
6298 petition is filed and at least five days before the day on which the hearing is set.
6299 (7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any
6300 stage of the proceedings.
6301 (8) If an abuse, neglect, or dependency petition includes an allegation of educational
6302 neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this
6303 chapter.
6304 Section 107. Section 80-3-301 is amended to read:
6305 80-3-301. Shelter hearing -- Court considerations.
6306 (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of
6307 a child within 72 hours, excluding weekends and holidays, after any one or all of the following
6308 occur:
6309 (a) removal of the child from the child's home by the division;
6310 (b) placement of the child in protective custody;
6311 (c) emergency placement under Subsection [
6312 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
6313 at the request of the division; or
6314 (e) a motion for expedited placement in temporary custody is filed under Section
6315 80-3-203.
6316 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
6317 division shall issue a notice that contains all of the following:
6318 (a) the name and address of the individual to whom the notice is directed;
6319 (b) the date, time, and place of the shelter hearing;
6320 (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is
6321 brought;
6322 (d) a concise statement regarding:
6323 (i) the reasons for removal or other action of the division under Subsection (1); and
6324 (ii) the allegations and code sections under which the proceeding is instituted;
6325 (e) a statement that the parent or guardian to whom notice is given, and the child, are
6326 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
6327 an indigent individual and cannot afford an attorney, and desires to be represented by an
6328 attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act;
6329 and
6330 (f) a statement that the parent or guardian is liable for the cost of support of the child in
6331 the protective custody, temporary custody, and custody of the division, and the cost for legal
6332 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
6333 ability of the parent or guardian.
6334 (3) The notice described in Subsection (2) shall be personally served as soon as
6335 possible, but no later than one business day after the day on which the child is removed from
6336 the child's home, or the day on which a motion for expedited placement in temporary custody
6337 under Section 80-3-203 is filed, on:
6338 (a) the appropriate guardian ad litem; and
6339 (b) both parents and any guardian of the child, unless the parents or guardians cannot
6340 be located.
6341 (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the
6342 shelter hearing:
6343 (a) the child, unless it would be detrimental for the child;
6344 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
6345 fail to appear in response to the notice;
6346 (c) counsel for the parents, if one is requested;
6347 (d) the child's guardian ad litem;
6348 (e) the child welfare [
6349 case; and
6350 (f) the attorney from the attorney general's office who is representing the division.
6351 (5) (a) At the shelter hearing, the juvenile court shall:
6352 (i) provide an opportunity to provide relevant testimony to:
6353 (A) the child's parent or guardian, if present; and
6354 (B) any other individual with relevant knowledge;
6355 (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and
6356 (iii) in accordance with Subsections 80-3-302(8)(c) through (e), grant preferential
6357 consideration to a relative or friend for the temporary placement of the child.
6358 (b) The juvenile court:
6359 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
6360 Procedure;
6361 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
6362 the requesting party, or the requesting party's counsel; and
6363 (iii) may in the juvenile court's discretion limit testimony and evidence to only that
6364 which goes to the issues of removal and the child's need for continued protection.
6365 (6) If the child is in protective custody, the division shall report to the juvenile court:
6366 (a) the reason why the child was removed from the parent's or guardian's custody;
6367 (b) any services provided to the child and the child's family in an effort to prevent
6368 removal;
6369 (c) the need, if any, for continued shelter;
6370 (d) the available services that could facilitate the return of the child to the custody of
6371 the child's parent or guardian; and
6372 (e) subject to Subsections 80-3-302(8)(c) through (e), whether any relatives of the child
6373 or friends of the child's parents may be able and willing to accept temporary placement of the
6374 child.
6375 (7) The juvenile court shall consider all relevant evidence provided by an individual or
6376 entity authorized to present relevant evidence under this section.
6377 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
6378 cause shown, the juvenile court may grant no more than one continuance, not to exceed five
6379 judicial days.
6380 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
6381 guardian for a continuance under Subsection (8)(a).
6382 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
6383 described in Subsection (2) within the time described in Subsection (3), the juvenile court may
6384 grant the request of a parent or guardian for a continuance, not to exceed five judicial days.
6385 (9) (a) If the child is in protective custody, the juvenile court shall order that the child
6386 be returned to the custody of the parent or guardian unless the juvenile court finds, by a
6387 preponderance of the evidence, consistent with the protections and requirements provided in
6388 Subsection [
6389 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
6390 safety of the child and the child's physical health or safety may not be protected without
6391 removing the child from the custody of the child's parent;
6392 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
6393 the child's growth, development, behavior, or psychological functioning;
6394 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6395 would sufficiently prevent future damage; and
6396 (C) there are no reasonable means available by which the child's emotional health may
6397 be protected without removing the child from the custody of the child's parent or guardian;
6398 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
6399 not removed from the custody of the child's parent or guardian;
6400 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
6401 household has been, or is considered to be at substantial risk of being, physically abused,
6402 sexually abused, or sexually exploited by:
6403 (A) a parent or guardian;
6404 (B) a member of the parent's household or the guardian's household; or
6405 (C) an individual known to the parent or guardian;
6406 (v) the parent or guardian is unwilling to have physical custody of the child;
6407 (vi) the parent or guardian is unable to have physical custody of the child;
6408 (vii) the child is without any provision for the child's support;
6409 (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
6410 and appropriate care for the child;
6411 (ix) (A) a relative or other adult custodian with whom the child is left by the parent or
6412 guardian is unwilling or unable to provide care or support for the child;
6413 (B) the whereabouts of the parent or guardian are unknown; and
6414 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
6415 (x) subject to Subsection [
6416 and 80-3-304, the child is in immediate need of medical care;
6417 (xi) (A) the physical environment or the fact that the child is left unattended beyond a
6418 reasonable period of time poses a threat to the child's health or safety; and
6419 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6420 would remove the threat;
6421 (xii) (A) the child or a minor residing in the same household has been neglected; and
6422 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6423 would prevent the neglect;
6424 (xiii) the parent, guardian, or an adult residing in the same household as the parent or
6425 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
6426 and any clandestine laboratory operation was located in the residence or on the property where
6427 the child resided;
6428 (xiv) (A) the child's welfare is substantially endangered; and
6429 (B) the parent or guardian is unwilling or unable to make reasonable changes that
6430 would remove the danger; or
6431 (xv) the child's natural parent:
6432 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
6433 child;
6434 (B) is identified by a law enforcement agency as the primary suspect in an investigation
6435 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
6436 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
6437 recklessly causing the death of another parent of the child.
6438 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
6439 established if:
6440 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
6441 involving the parent; and
6442 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
6443 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
6444 knowingly allowed the child to be in the physical care of an individual after the parent received
6445 actual notice that the individual physically abused, sexually abused, or sexually exploited the
6446 child, that fact is prima facie evidence that there is a substantial risk that the child will be
6447 physically abused, sexually abused, or sexually exploited.
6448 (10) (a) (i) The juvenile court shall make a determination on the record as to whether
6449 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
6450 child's home and whether there are available services that would prevent the need for continued
6451 removal.
6452 (ii) If the juvenile court finds that the child can be safely returned to the custody of the
6453 child's parent or guardian through the provision of the services described in Subsection
6454 (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
6455 that the services be provided by the division.
6456 (b) In accordance with federal law, the juvenile court shall consider the child's health,
6457 safety, and welfare as the paramount concern when making the determination described in
6458 Subsection (10)(a), and in ordering and providing the services described in Subsection (10)(a).
6459 (11) [
6460 emergency situation in which the child could not safely remain at home, the juvenile court shall
6461 make a finding that any lack of preplacement preventive efforts, as described in Section
6462 [
6463 (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
6464 severe neglect are involved, the juvenile court and the division do not have any duty to make
6465 reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, return
6466 a child to the child's home, provide reunification services, or attempt to rehabilitate the
6467 offending parent or parents.
6468 (13) The juvenile court may not order continued removal of a child solely on the basis
6469 of educational neglect, truancy, or failure to comply with a court order to attend school.
6470 (14) (a) [
6471 section, the juvenile court shall state the facts on which the decision is based.
6472 (b) If no continued removal is ordered and the child is returned home, the juvenile
6473 court shall state the facts on which the decision is based.
6474 (15) If the juvenile court finds that continued removal and temporary custody are
6475 necessary for the protection of a child under Subsection (9)(a), the juvenile court shall order
6476 continued removal regardless of:
6477 (a) any error in the initial removal of the child;
6478 (b) the failure of a party to comply with notice provisions; or
6479 (c) any other procedural requirement of this chapter [
6480
6481 Protective Custody of a Child.
6482 Section 108. Section 80-3-302 is amended to read:
6483 80-3-302. Shelter hearing -- Placement of a child.
6484 (1) As used in this section:
6485 (a) "Natural parent," notwithstanding Section 80-1-102, means:
6486 (i) a biological or adoptive mother of the child;
6487 (ii) an adoptive father of the child; or
6488 (iii) a biological father of the child who:
6489 (A) was married to the child's biological mother at the time the child was conceived or
6490 born; or
6491 (B) has strictly complied with Sections 78B-6-120 through 78B-6-122, before removal
6492 of the child or voluntary surrender of the child by the custodial parent.
6493 (b) "Natural parent" includes the individuals described in Subsection (1)(a) regardless
6494 of whether the child has been or will be placed with adoptive parents or whether adoption has
6495 been or will be considered as a long-term goal for the child.
6496 (2) (a) At the shelter hearing, [
6497 removed from the custody of the child's parent in accordance with [
6498 Section 80-3-301, the juvenile court shall first determine whether there is another natural
6499 parent with whom the child was not residing at the time the events or conditions that brought
6500 the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the
6501 child.
6502 (b) Subject to Subsection (8), if another natural parent requests custody under
6503 Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
6504 court finds that the placement would be unsafe or otherwise detrimental to the child.
6505 (c) The juvenile court:
6506 (i) shall make a specific finding regarding the fitness of the parent described in
6507 Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement;
6508 (ii) shall, at a minimum, order the division to visit the parent's home, comply with the
6509 criminal background check provisions described in Section 80-3-305, and check the [
6510
6511 abuse or neglect received by the division regarding the parent at issue;
6512 (iii) may order the division to conduct any further investigation regarding the safety
6513 and appropriateness of the placement; and
6514 (iv) may place the child in the temporary custody of the division, pending the juvenile
6515 court's determination regarding the placement.
6516 (d) The division shall report the division's findings from an investigation under
6517 Subsection (2)(c), regarding the child in writing to the juvenile court.
6518 (3) If the juvenile court orders placement with a parent under Subsection (2):
6519 (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
6520 (b) the juvenile court may order:
6521 (i) that the parent take custody subject to the supervision of the juvenile court; and
6522 (ii) that services be provided to the parent from whose custody the child was removed,
6523 the parent who has assumed custody, or both; and
6524 (c) the juvenile court shall order reasonable parent-time with the parent from whose
6525 custody the child was removed, unless parent-time is not in the best interest of the child.
6526 (4) The juvenile court shall periodically review an order described in Subsection (3) to
6527 determine whether:
6528 (a) placement with the parent continues to be in the child's best interest;
6529 (b) the child should be returned to the original custodial parent;
6530 (c) the child should be placed with a relative under Subsections (7) through (10); or
6531 (d) the child should be placed in the temporary custody of the division.
6532 (5) The time limitations described in Section 80-3-406 with regard to reunification
6533 efforts apply to [
6534 Subsection (2).
6535 (6) (a) Legal custody of the child is not affected by an order entered under Subsection
6536 (2) or (3).
6537 (b) To affect a previous court order regarding legal custody, the party shall petition the
6538 court for modification of legal custody.
6539 (7) Subject to Subsection (8), if, at the time of the shelter hearing, a child is removed
6540 from the custody of the child's parent and is not placed in the custody of the child's other
6541 parent, the juvenile court:
6542 (a) shall, at that time, determine whether there is a relative or a friend who is able and
6543 willing to care for the child, which may include asking a child, who is of sufficient maturity to
6544 articulate the child's wishes in relation to a placement, if there is a relative or friend with whom
6545 the child would prefer to reside;
6546 (b) may order the division to conduct a reasonable search to determine whether there
6547 are relatives or friends who are willing and appropriate, in accordance with the requirements of
6548 this chapter [
6549 Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, for placement
6550 of the child;
6551 (c) shall order the parents to cooperate with the division, within five working days, to
6552 provide information regarding relatives or friends who may be able and willing to care for the
6553 child; and
6554 (d) may order that the child be placed in the temporary custody of the division pending
6555 the determination under Subsection (7)(a).
6556 (8) (a) Subject to Subsections (8)(b) through (d), preferential consideration shall be
6557 given to a relative's or a friend's request for placement of the child, if the placement is in the
6558 best interest of the child, and the provisions of this section are satisfied.
6559 (b) (i) The preferential consideration that a relative or friend is initially granted under
6560 Subsection (8)(a) expires 120 days after the day on which the shelter hearing occurs.
6561 (ii) After the day on which the time period described in Subsection (8)(b)(i) expires, a
6562 relative or friend, who has not obtained custody or asserted an interest in a child, may not be
6563 granted preferential consideration by the division or the juvenile court.
6564 (c) (i) The preferential consideration that a natural parent is initially granted under
6565 Subsection (2) is limited after 120 days after the day on which the shelter hearing occurs.
6566 (ii) After the time period described in Subsection (8)(c)(i), the juvenile court shall base
6567 the juvenile court's custody decision on the best interest of the child.
6568 [
6569 expires, the following order of preference shall be applied when determining the individual
6570 with whom a child will be placed, provided that the individual is willing and able to care for
6571 the child:
6572 [
6573 [
6574 [
6575 parent; and
6576 [
6577 [
6578 for a child, the juvenile court or the division:
6579 (i) subject to Subsections [
6580 the child's preferences or level of comfort with the friend;
6581 (ii) is required to consider no more than one friend designated by each parent of the
6582 child and one friend designated by the child if the child is of sufficient maturity to articulate the
6583 child's wishes in relation to a placement;
6584 (iii) may limit the number of designated friends to two, one of whom shall be a friend
6585 designated by the child if the child is of sufficient maturity to articulate the child's wishes in
6586 relation to a placement; and
6587 (iv) shall give preference to a friend designated by the child if:
6588 (A) the child is of sufficient maturity to articulate the child's wishes; and
6589 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
6590 child.
6591 [
6592 articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
6593 licensed foster parent for placement of the child, but is able to identify a friend who is willing
6594 to become licensed as a foster parent, the department shall fully cooperate to expedite the
6595 licensing process for the friend.
6596 (ii) If the friend described in Subsection [
6597 parent within the time frame described in Subsection (8)(b), the juvenile court shall determine
6598 whether it is in the best interest of the child to place the child with the friend.
6599 (9) (a) If a relative or friend who is willing to cooperate with the child's permanency
6600 goal is identified under Subsection (7)(a), the juvenile court shall make a specific finding
6601 regarding:
6602 (i) the fitness of that relative or friend as a placement for the child; and
6603 (ii) the safety and appropriateness of placement with the relative or friend.
6604 (b) In making the finding described in Subsection (9)(a), the juvenile court shall, at a
6605 minimum, order the division to:
6606 (i) if the child may be placed with a relative, conduct a background check that includes:
6607 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
6608 background check of the relative;
6609 (B) a completed search, relating to the relative, of the Management Information System
6610 [
6611 (C) a background check that complies with the criminal background check provisions
6612 described in Section 80-3-305, of each nonrelative[
6613 child who resides in the household where the child may be placed;
6614 (ii) if the child will be placed with a noncustodial parent, complete a background check
6615 that includes:
6616 (A) the background check requirements applicable to an emergency placement with a
6617 noncustodial parent that are described in Subsections [
6618 and (6);
6619 (B) a completed search, relating to the noncustodial parent of the child, of the
6620 Management Information System [
6621 (C) a background check that complies with the criminal background check provisions
6622 described in Section 80-3-305, of each nonrelative[
6623 child who resides in the household where the child may be placed;
6624 (iii) if the child may be placed with an individual other than a noncustodial parent or a
6625 relative, conduct a criminal background check of the individual, and each adult that resides in
6626 the household where the child may be placed, that complies with the criminal background
6627 check provisions described in Section 80-3-305;
6628 (iv) visit the relative's or friend's home;
6629 (v) check the [
6630 System for any previous reports of abuse or neglect regarding the relative or friend at issue;
6631 (vi) report the division's findings in writing to the juvenile court; and
6632 (vii) provide sufficient information so that the juvenile court may determine whether:
6633 (A) the relative or friend has any history of abusive or neglectful behavior toward other
6634 children that may indicate or present a danger to this child;
6635 (B) the child is comfortable with the relative or friend;
6636 (C) the relative or friend recognizes the parent's history of abuse and is committed to
6637 protect the child;
6638 (D) the relative or friend is strong enough to resist inappropriate requests by the parent
6639 for access to the child, in accordance with court orders;
6640 (E) the relative or friend is committed to caring for the child as long as necessary; and
6641 (F) the relative or friend can provide a secure and stable environment for the child.
6642 (c) The division may determine to conduct, or the juvenile court may order the division
6643 to conduct, any further investigation regarding the safety and appropriateness of the placement
6644 described in Subsection (9)(a).
6645 (d) The division shall complete and file the division's assessment regarding placement
6646 with a relative or friend under Subsections (9)(a) and (b) as soon as practicable, in an effort to
6647 facilitate placement of the child with a relative or friend.
6648 (10) (a) The juvenile court may place a child described in Subsection (2)(a) in the
6649 temporary custody of the division, pending the division's investigation under Subsection (9),
6650 and the juvenile court's determination regarding the appropriateness of the placement.
6651 (b) The juvenile court shall ultimately base the juvenile court's determination regarding
6652 the appropriateness of a placement with a relative or friend on the best interest of the child.
6653 (11) [
6654 child's relative or friend:
6655 (a) the juvenile court:
6656 (i) shall order the relative or friend take custody, subject to the continuing supervision
6657 of the juvenile court; and
6658 (ii) may order the division provide necessary services to the child and the child's
6659 relative or friend, including the monitoring of the child's safety and well-being;
6660 (b) the child and the relative or friend in whose custody the child is placed are under
6661 the continuing jurisdiction of the juvenile court;
6662 (c) the juvenile court may enter any order that the juvenile court considers necessary
6663 for the protection and best interest of the child;
6664 (d) the juvenile court shall provide for reasonable parent-time with the parent or
6665 parents from whose custody the child was removed, unless parent-time is not in the best
6666 interest of the child; and
6667 (e) the juvenile court shall conduct a periodic review no less often than every six
6668 months, to determine whether:
6669 (i) placement with the relative or friend continues to be in the child's best interest;
6670 (ii) the child should be returned home; or
6671 (iii) the child should be placed in the custody of the division.
6672 (12) No later than 12 months after the day on which the child [
6673 the home, the juvenile court shall schedule a hearing for the purpose of entering a permanent
6674 order in accordance with the best interest of the child.
6675 (13) The time limitations described in Section 80-3-406, with regard to reunification
6676 efforts, apply to [
6677 (14) (a) If the juvenile court awards temporary custody of a child to the division, and
6678 the division places the child with a relative, the division shall:
6679 (i) conduct a criminal background check of the relative that complies with the criminal
6680 background check provisions described in Section 80-3-305; and
6681 (ii) if the results of the criminal background check described in Subsection (14)(a)(i)
6682 would prohibit the relative from having direct access to the child under Section 62A-2-120, the
6683 division shall:
6684 (A) take the child into physical custody; and
6685 (B) within three days, excluding weekends and holidays, after the day on which the
6686 child is taken into physical custody under Subsection (14)(a)(ii)(A), give written notice to the
6687 juvenile court, and all parties to the proceedings, of the division's action.
6688 (b) Subsection (14)(a) does not prohibit the division from placing a child with a
6689 relative, pending the results of the background check described in Subsection (14)(a) on the
6690 relative.
6691 (15) If the juvenile court orders that a child be removed from the custody of the child's
6692 parent and does not award custody and guardianship to another parent, relative, or friend under
6693 this section, the juvenile court shall order that the child be placed in the temporary custody of
6694 the division, to proceed to adjudication and disposition and to be provided with care and
6695 services in accordance with this chapter [
6696
6697 of a Child.
6698 (16) (a) If a child reenters the temporary custody or the custody of the division and is
6699 placed in foster care, the division shall:
6700 (i) notify the child's former foster parents; and
6701 (ii) upon a determination of the former foster parents' willingness and ability to safely
6702 and appropriately care for the child, give the former foster parents preference for placement of
6703 the child.
6704 [
6705 not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given to
6706 a foster placement with a married couple, unless it is in the best interests of the child to place
6707 the child with a single foster parent.
6708 (17) In determining the placement of a child, the juvenile court and the division may
6709 not take into account, or discriminate against, the religion of an individual with whom the child
6710 may be placed, unless the purpose of taking religion into account is to place the child with an
6711 individual or family of the same religion as the child.
6712 (18) If the juvenile court's decision differs from a child's express wishes if the child is
6713 of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile
6714 court shall make findings explaining why the juvenile court's decision differs from the child's
6715 wishes.
6716 (19) This section does not guarantee that an identified relative or friend will receive
6717 custody of the child.
6718 Section 109. Section 80-3-305 is amended to read:
6719 80-3-305. Criminal background checks necessary before out-of-home placement
6720 of a child.
6721 (1) Subject to Subsection (3), upon ordering removal of a child from the custody of the
6722 child's parent and placing that child in the temporary custody or custody of the division before
6723 the division places a child in out-of-home care, the juvenile court shall require the completion
6724 of a nonfingerprint-based background check by the Utah Bureau of Criminal Identification
6725 regarding the proposed placement.
6726 (2) (a) Except as provided in Subsection (4), the division [
6727 Guardian ad Litem may request, or the juvenile court upon the juvenile court's own motion,
6728 may order, the Department of Public Safety to conduct a complete Federal Bureau of
6729 Investigation criminal background check through the national criminal history system (NCIC).
6730 (b) (i) Except as provided in Subsection (4), upon request by the division or the Office
6731 of Guardian ad Litem, or upon the juvenile court's order, an individual subject to the
6732 requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI
6733 fingerprint background check.
6734 (ii) The child may be temporarily placed, pending the outcome of the background
6735 check described in Subsection (2)(b)(i).
6736 (c) (i) Except as provided in Subsection (2)(c)(ii), the cost of the investigations
6737 described in Subsection (2)(a) shall be borne by whoever is to receive placement of the child.
6738 (ii) The division may pay all or part of the cost of the investigations described in
6739 Subsection (2)(a).
6740 (3) Except as provided in Subsection (5), a child who is in the [
6741 custody, temporary custody, or custody of the division may not be placed with a prospective
6742 foster parent or a prospective adoptive parent, unless, before the child is placed with the
6743 prospective foster parent or the prospective adoptive parent:
6744 (a) a fingerprint based FBI national criminal history records check is conducted on the
6745 prospective foster parent or prospective adoptive parent and any other adult residing in the
6746 household;
6747 (b) the department conducts a check of the abuse and neglect registry in each state
6748 where the prospective foster parent or prospective adoptive parent resided in the five years
6749 immediately before the day on which the prospective foster parent or prospective adoptive
6750 parent applied to be a foster parent or adoptive parent, to determine whether the prospective
6751 foster parent or prospective adoptive parent is listed in the registry as having a substantiated or
6752 supported finding of a severe type of abuse or neglect [
6753 (c) the department conducts a check of the abuse and neglect registry of each state
6754 where each adult living in the home of the prospective foster parent or prospective adoptive
6755 parent described in Subsection (3)(b) resided in the five years immediately before the day on
6756 which the prospective foster parent or prospective adoptive parent applied to be a foster parent
6757 or adoptive parent, to determine whether the adult is listed in the registry as having a
6758 substantiated or supported finding of a severe type of abuse or neglect [
6759
6760 (d) each individual required to undergo a background check described in this
6761 Subsection (3) passes the background check, in accordance with the provisions of Section
6762 62A-2-120.
6763 (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
6764 parent or relative under Section [
6765 juvenile court finds that compliance with Subsection (2)(a) or (b) is necessary to ensure the
6766 safety of the child.
6767 (5) The requirements under Subsection (3) do not apply to the extent that:
6768 (a) federal law or rule permits otherwise; or
6769 (b) the requirements would prohibit the division or a juvenile court from placing a
6770 child with:
6771 (i) a noncustodial parent, under Section [
6772 80-3-303; or
6773 (ii) a relative, under Section [
6774 completion of the background check described in Subsection (3).
6775 Section 110. Section 80-3-307, which is renumbered from Section 62A-4a-205 is
6776 renumbered and amended to read:
6777 [
6778 Parent-time and relative visitation.
6779 (1) [
6780 than 45 days after [
6781
6782 (2) (a) The division may use an interdisciplinary team approach in developing [
6783 child and family plan.
6784 (b) The interdisciplinary team described in Subsection (2)(a) may include
6785 representatives from the following fields:
6786 (i) mental health;
6787 (ii) education; [
6788 (iii) if appropriate, law enforcement.
6789 (3) (a) The division shall involve all of the following in the development of a child's
6790 child and family plan:
6791 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
6792 (ii) the child;
6793 (iii) the child's foster parents; and
6794 (iv) if appropriate, the child's stepparent.
6795 (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or
6796 a party's counsel from being involved in the development of a child's child and family plan if
6797 the party or counsel's participation is otherwise permitted by law.
6798 (c) In relation to all information considered by the division in developing a child and
6799 family plan, the division shall give additional weight and attention [
6800 of the child's natural and foster parents upon [
6801 natural and foster parents under Subsections (3)(a)(i) and (iii).
6802 (d) (i) The division shall make a substantial effort to develop a child and family plan
6803 with which the child's parents agree.
6804 (ii) If a parent does not agree with a child and family plan:
6805 (A) the division shall strive to resolve the disagreement between the division and the
6806 parent; and
6807 (B) if the disagreement is not resolved, the division shall inform the court of the
6808 disagreement.
6809 (4) A copy of the child and family plan shall, immediately upon completion, or as soon
6810 as reasonably possible thereafter, be provided to [
6811 (a) the guardian ad litem;
6812 (b) the child's natural parents; and
6813 (c) the child's foster parents.
6814 (5) [
6815 (a) specifically provide for the safety of the child, in accordance with federal law; [
6816 (b) clearly define what actions or precautions will, or may be, necessary to provide for
6817 the health, safety, protection, and welfare of the child[
6818 (c) be specific to each child and the child's family, rather than general;
6819 (d) include individualized expectations and contain specific time frames;
6820 (e) except as provided in Subsection (6), address problems that:
6821 (i) keep a child in the child's placement; and
6822 (ii) keep a child from achieving permanence in the child's life;
6823 (f) be designed to:
6824 (i) minimize disruption to the normal activities of the child's family, including
6825 employment and school; and
6826 (ii) as much as practicable, help the child's parent maintain or obtain employment; and
6827 [
6828 following:
6829 [
6830 custody or the division's temporary custody or custody;
6831 [
6832 [
6833
6834 [
6835 described in Subsection [
6836 [
6837 and the reason for selection of [
6838 [
6839 80-3-406, and the reason for the selection of [
6840 [
6841 [
6842 returned home;
6843 [
6844 (5)(g)(v)(A) may be accomplished; and
6845 [
6846 measured;
6847 [
6848 the child in [
6849 custody;
6850 [
6851 for case management for the division;
6852 [
6853 parent and the child;
6854 [
6855 address any known or diagnosed mental health needs of the child;
6856 [
6857 requirement for a specialized assessment of the child's health needs including an assessment of
6858 mental illness and behavior and conduct disorders;
6859 [
6860 planning; and
6861 [
6862 (6) For purposes of Subsection (5)(e), a child and family plan may only include
6863 requirements that:
6864 (a) address findings made by the court; or
6865 (b) (i) are requested or consented to by a parent or guardian of the child; and
6866 (ii) are agreed to by the division and the guardian ad litem.
6867 (7) (a) Subject to Subsection (7)(b), in addition to the information required under
6868 Subsection [
6869 assessment of the medical and mental health needs of a child, if the child:
6870 (i) is placed in residential treatment; and
6871 (ii) has medical or mental health issues that need to be addressed.
6872 (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
6873 medical or mental health diagnosis of the parent's child from a licensed practitioner of the
6874 parent's choice.
6875 [
6876
6877 [
6878 child and family plans that comply with:
6879 (i) federal mandates; and
6880 (ii) the specific needs of the particular child and the child's family.
6881 [
6882
6883 [
6884 [
6885 [
6886 [
6887
6888 [
6889
6890
6891 [
6892 stepparents, shall be kept informed of and supported to participate in important meetings and
6893 procedures related to the child's placement.
6894 [
6895
6896 [
6897 [
6898 [
6899 (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
6900 years old or younger, if the child and family plan is not to return the child home, the primary
6901 permanency plan described in Section 80-3-406 for [
6902 (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
6903 is a compelling reason that adoption, reunification, guardianship, and a placement described in
6904 Subsection 80-3-301(6)(e) are not in the child's best interest, the court may order another
6905 planned permanent living arrangement in accordance with federal law.
6906 (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
6907 court order issued in accordance with Subsection 80-3-406(9).
6908 (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
6909 court to supervise a parent-time session may deny parent-time for [
6910 supervising person determines that, based on the parent's condition, it is necessary to deny
6911 parent-time [
6912 (i) protect the physical safety of the child;
6913 (ii) protect the life of the child; or
6914 (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
6915 contact with the parent.
6916 (c) In determining whether the condition of the parent described in Subsection (10)(b)
6917 will traumatize a child, the person supervising the parent-time session shall consider the impact
6918 that the parent's condition will have on the child in light of:
6919 (i) the child's fear of the parent; and
6920 (ii) the nature of the alleged abuse or neglect.
6921 (11) [
6922 consider visitation with [
6923 if:
6924 (a) the division determines the visitation to be in the best interest of the child [
6925 [
6926 the [
6927 [
6928 child's reunification plan;
6929 [
6930 grandparent and child; and
6931 [
6932 (12) (a) The [
6933 plan reasonable efforts to[
6934 (i) siblings are separated due to foster care or adoptive placement;
6935 (ii) the sibling visitation is in the best interest of the child for whom the child and
6936 family plan is developed; and
6937 (iii) the division has consent for sibling visitation from the [
6938 sibling[
6939 (b) The division shall obtain consent for sibling visitation from the sibling's [
6940 guardian [
6941 Section 111. Section 80-3-404 is amended to read:
6942 80-3-404. Finding of severe child abuse or neglect -- Order delivered to division --
6943 Court records.
6944 (1) [
6945 petition is filed with the juvenile court that informs the juvenile court that the division has
6946 made a supported finding that an individual committed a severe type of child abuse or neglect
6947 [
6948 (a) make a finding of substantiated, unsubstantiated, or without merit;
6949 (b) include the finding described in Subsection (1)(a) in a written order; and
6950 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
6951 (2) The juvenile court shall make the finding described in Subsection (1):
6952 (a) as part of the adjudication hearing;
6953 (b) at the conclusion of the adjudication hearing; or
6954 (c) as part of a court order entered [
6955 parties.
6956 [
6957
6958
6959 [
6960
6961 [
6962 [
6963 [
6964
6965 [
6966 supported finding [
6967 severe type of child abuse or neglect may be joined in the juvenile court with an adjudication of
6968 a severe type of child abuse or neglect.
6969 (4) (a) The juvenile court shall make records of the juvenile court's findings under
6970 Subsection (1) available only to an individual with statutory authority to access the Licensing
6971 Information System for the purposes of licensing under Sections 26-39-402, 62A-1-118, and
6972 62A-2-120, or for the purposes described in Sections 26-8a-310, 62A-2-121, or Title 26,
6973 Chapter 21, Part 2, Clearance for Direct Patient Access.
6974 (b) An appellate court shall make records of an appeal from the juvenile court's
6975 decision under Subsection (1) available only to an individual with statutory authority to access
6976 the Licensing Information System for the purposes described in Subsection (4)(a).
6977 [
6978
6979
6980
6981
6982 [
6983
6984
6985 [
6986
6987 [
6988 [
6989
6990 [
6991
6992 [
6993 [
6994
6995 Section 112. Section 80-3-406 is amended to read:
6996 80-3-406. Permanency plan -- Reunification services.
6997 (1) If the juvenile court orders continued removal at the dispositional hearing under
6998 Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court
6999 shall first:
7000 (a) establish a primary permanency plan and a concurrent permanency plan for the
7001 minor in accordance with this section; and
7002 (b) determine whether, in view of the primary permanency plan, reunification services
7003 are appropriate for the minor and the minor's family under Subsections (5) through (8).
7004 (2) (a) The concurrent permanency plan shall include:
7005 (i) a representative list of the conditions under which the primary permanency plan will
7006 be abandoned in favor of the concurrent permanency plan; and
7007 (ii) an explanation of the effect of abandoning or modifying the primary permanency
7008 plan.
7009 (b) In determining the primary permanency plan and concurrent permanency plan, the
7010 juvenile court shall consider:
7011 (i) the preference for kinship placement over nonkinship placement;
7012 (ii) the potential for a guardianship placement if parental rights are terminated and no
7013 appropriate adoption placement is available; and
7014 (iii) the use of an individualized permanency plan, only as a last resort.
7015 (3) (a) The juvenile court may amend a minor's primary permanency plan before the
7016 establishment of a final permanency plan under Section 80-3-409.
7017 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
7018 the event that the primary permanency plan is abandoned.
7019 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
7020 primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
7021 with Section 80-3-409 on or before the earlier of:
7022 (i) 30 days after the day on which the juvenile court makes the determination described
7023 in this Subsection (3)(c); or
7024 (ii) the day on which the provision of reunification services, described in Section
7025 80-3-409, ends.
7026 (4) (a) Because of the state's interest in and responsibility to protect and provide
7027 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
7028 parent's interest in receiving reunification services is limited.
7029 (b) The juvenile court may determine that:
7030 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
7031 based on the individual circumstances; and
7032 (ii) reunification services should not be provided.
7033 (c) In determining reasonable efforts to be made with respect to a minor, and in making
7034 reasonable efforts, the juvenile court and the division shall consider the minor's health, safety,
7035 and welfare as the paramount concern.
7036 (5) There is a presumption that reunification services should not be provided to a
7037 parent if the juvenile court finds, by clear and convincing evidence, that any of the following
7038 circumstances exist:
7039 (a) the whereabouts of the parents are unknown, based [
7040 indicating that a reasonably diligent search has failed to locate the parent;
7041 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
7042 magnitude that the mental illness renders the parent incapable of utilizing reunification
7043 services;
7044 (c) the minor was previously adjudicated as an abused child due to physical abuse,
7045 sexual abuse, or sexual exploitation, and following the adjudication the child:
7046 (i) was removed from the custody of the minor's parent;
7047 (ii) was subsequently returned to the custody of the parent; and
7048 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
7049 exploitation;
7050 (d) the parent:
7051 (i) caused the death of another minor through abuse or neglect;
7052 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
7053 (A) murder or manslaughter of a minor; or
7054 (B) child abuse homicide;
7055 (iii) committed sexual abuse against the minor;
7056 (iv) is a registered sex offender or required to register as a sex offender; or
7057 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
7058 minor;
7059 (B) is identified by a law enforcement agency as the primary suspect in an investigation
7060 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
7061 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
7062 recklessly causing the death of another parent of the minor;
7063 (e) the minor suffered severe abuse by the parent or by any individual known by the
7064 parent if the parent knew or reasonably should have known that the individual was abusing the
7065 minor;
7066 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the
7067 parent, and the juvenile court finds that it would not benefit the minor to pursue reunification
7068 services with the offending parent;
7069 (g) the parent's rights are terminated with regard to any other minor;
7070 (h) the minor was removed from the minor's home on at least two previous occasions
7071 and reunification services were offered or provided to the family at those times;
7072 (i) the parent has abandoned the minor for a period of six months or longer;
7073 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
7074 location where the parent knew or should have known that a clandestine laboratory operation
7075 was located;
7076 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
7077 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
7078 exposed to an illegal or prescription drug that was abused by the minor's mother while the
7079 minor was in utero, if the minor was taken into division custody for that reason, unless the
7080 mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
7081 substance use disorder treatment program approved by the department; or
7082 (l) any other circumstance that the juvenile court determines should preclude
7083 reunification efforts or services.
7084 (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent
7085 evidence from at least two medical or mental health professionals, who are not associates,
7086 establishing that, even with the provision of services, the parent is not likely to be capable of
7087 adequately caring for the minor within 12 months after the day on which the juvenile court
7088 finding is made.
7089 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
7090 court finds, under the circumstances of the case, that the substance use disorder treatment
7091 described in Subsection (5)(k) is not warranted.
7092 (7) In determining whether reunification services are appropriate, the juvenile court
7093 shall take into consideration:
7094 (a) failure of the parent to respond to previous services or comply with a previous child
7095 and family plan;
7096 (b) the fact that the minor was abused while the parent was under the influence of
7097 drugs or alcohol;
7098 (c) any history of violent behavior directed at the minor or an immediate family
7099 member;
7100 (d) whether a parent continues to live with an individual who abused the minor;
7101 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
7102 (f) testimony by a competent professional that the parent's behavior is unlikely to be
7103 successful; and
7104 (g) whether the parent has expressed an interest in reunification with the minor.
7105 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order
7106 reunification services, a permanency hearing shall be conducted within 30 days in accordance
7107 with Section 80-3-409.
7108 (9) (a) Subject to Subsections (9)(b) and (c), if the juvenile court determines that
7109 reunification services are appropriate for the minor and the minor's family, the juvenile court
7110 shall provide for reasonable parent-time with the parent or parents from whose custody the
7111 minor was removed, unless parent-time is not in the best interest of the minor.
7112 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
7113 finding that it is necessary to deny parent-time in order to:
7114 (i) protect the physical safety of the minor;
7115 (ii) protect the life of the minor; or
7116 (iii) prevent the minor from being traumatized by contact with the parent due to the
7117 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
7118 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
7119 solely on a parent's failure to:
7120 (i) prove that the parent has not used legal or illegal substances; or
7121 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
7122 court.
7123 (10) (a) If the juvenile court determines that reunification services are appropriate, the
7124 juvenile court shall order that the division make reasonable efforts to provide services to the
7125 minor and the minor's parent for the purpose of facilitating reunification of the family, for a
7126 specified period of time.
7127 (b) In providing the services described in Subsection (10)(a), the juvenile court and the
7128 division shall consider the minor's health, safety, and welfare as the paramount concern.
7129 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
7130 severe neglect are involved:
7131 (a) the juvenile court does not have any duty to order reunification services; and
7132 (b) the division does not have a duty to make reasonable efforts to or in any other way
7133 attempt to provide reunification services or attempt to rehabilitate the offending parent or
7134 parents.
7135 (12) (a) The juvenile court shall:
7136 (i) determine whether the services offered or provided by the division under the child
7137 and family plan constitute reasonable efforts on the part of the division;
7138 (ii) determine and define the responsibilities of the parent under the child and family
7139 plan in accordance with Subsection [
7140 (iii) identify verbally on the record, or in a written document provided to the parties,
7141 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
7142 determination regarding the provision of reasonable efforts, in accordance with state and
7143 federal law.
7144 (b) If the parent is in a substance use disorder treatment program, other than a certified
7145 drug court program, the juvenile court may order the parent:
7146 (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
7147 80-3-110(6), in addition to the testing recommended by the parent's substance use disorder
7148 program based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol;
7149 and
7150 (ii) to provide the results of drug or alcohol testing recommended by the substance use
7151 disorder program to the juvenile court or division.
7152 (13) (a) The time period for reunification services may not exceed 12 months from the
7153 day on which the minor was initially removed from the minor's home, unless the time period is
7154 extended under Subsection 80-3-409(7).
7155 (b) [
7156 parent to an entire 12 months of reunification services.
7157 (14) (a) If reunification services are ordered, the juvenile court may terminate those
7158 services at any time.
7159 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
7160 to be inconsistent with the final permanency plan for the minor established under Section
7161 80-3-409, then measures shall be taken, in a timely manner, to:
7162 (i) place the minor in accordance with the final permanency plan; and
7163 (ii) complete whatever steps are necessary to finalize the permanent placement of the
7164 minor.
7165 (15) Any physical custody of the minor by the parent or a relative during the period
7166 described in Subsections (10) through (14) does not interrupt the running of the period.
7167 (16) (a) If reunification services are ordered, the juvenile court shall conduct a
7168 permanency hearing in accordance with Section 80-3-409 before the day on which the time
7169 period for reunification services expires.
7170 (b) The permanency hearing shall be held no later than 12 months after the original
7171 removal of the minor.
7172 (c) If reunification services are not ordered, a permanency hearing shall be conducted
7173 within 30 days in accordance with Section 80-3-409.
7174 (17) With regard to a minor in the custody of the division whose parent or parents are
7175 ordered to receive reunification services but who have abandoned that minor for a period of six
7176 months from the day on which reunification services are ordered:
7177 (a) the juvenile court shall terminate reunification services; and
7178 (b) the division shall petition the juvenile court for termination of parental rights.
7179 (18) When a minor is under the custody of the division and has been separated from a
7180 sibling due to foster care or adoptive placement, a juvenile court may order sibling visitation,
7181 subject to the division obtaining consent from the sibling's [
7182 juvenile court's determination of the best interests of the minor for whom the hearing is held.
7183 (19) (a) If reunification services are not ordered under this section, and the
7184 whereabouts of a parent becomes known within six months after the day on which the
7185 out-of-home placement of the minor is made, the juvenile court may order the division to
7186 provide reunification services.
7187 (b) The time limits described in this section are not tolled by the parent's absence.
7188 (20) (a) If a parent is incarcerated or institutionalized, the juvenile court shall order
7189 reasonable services unless the juvenile court determines that those services would be
7190 detrimental to the minor.
7191 (b) In making the determination described in Subsection (20)(a), the juvenile court
7192 shall consider:
7193 (i) the age of the minor;
7194 (ii) the degree of parent-child bonding;
7195 (iii) the length of the sentence;
7196 (iv) the nature of the treatment;
7197 (v) the nature of the crime or illness;
7198 (vi) the degree of detriment to the minor if services are not offered;
7199 (vii) for a minor who is 10 years old or older, the minor's attitude toward the
7200 implementation of family reunification services; and
7201 (viii) any other appropriate factors.
7202 (c) Reunification services for an incarcerated parent are subject to the time limitations
7203 imposed in this section.
7204 (d) Reunification services for an institutionalized parent are subject to the time
7205 limitations imposed in this section, unless the juvenile court determines that continued
7206 reunification services would be in the minor's best interest.
7207 Section 113. Section 80-3-504 is enacted to read:
7208 80-3-504. Petition for substantiation -- Court findings -- Expedited hearing --
7209 Records of an appeal.
7210 (1) The division or an individual may file a petition for substantiation in accordance
7211 with Section 80-2-1004.
7212 (2) If the division decides to file a petition for substantiation under Section 80-2-1004,
7213 the division shall file the petition no more than 14 days after the day on which the division
7214 makes the decision.
7215 (3) At the conclusion of the hearing on a petition for substantiation, the juvenile court
7216 shall:
7217 (a) make a finding of substantiated, unsubstantiated, or without merit;
7218 (b) include the finding in a written order; and
7219 (c) deliver a certified copy of the order to the division.
7220 (4) If an individual whose name is listed on the Licensing Information System before
7221 May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an
7222 alleged perpetrator's application for clearance to work with children or vulnerable adults is
7223 pending, the juvenile court shall:
7224 (a) hear the matter on an expedited basis; and
7225 (b) enter a final decision no later than 60 days after the day on which the petition for
7226 substantiation is filed.
7227 (5) An appellate court shall make a record of an appeal from the juvenile court's
7228 decision under Subsection (3) available only to an individual with statutory authority to access
7229 the Licensing Information System for the purposes of licensing under Sections 26-39-402,
7230 62A-1-118, and 62A-2-120, or for the purposes described in Sections 26-8a-310, 62A-2-121,
7231 or Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access.
7232 Section 114. Section 80-4-105 is amended to read:
7233 80-4-105. Effect of decree.
7234 (1) An order for the termination of parental rights divests the child and the parents of
7235 all legal rights, powers, immunities, duties, and obligations with respect to each other, except
7236 the right of the child to inherit from the parent.
7237 (2) An order or decree entered under this chapter may not disentitle a child to any
7238 benefit due to the child from any third person, including any Indian tribe, agency, state, or the
7239 United States.
7240 (3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a
7241 parent's parental rights, the former parent:
7242 (a) is not entitled to any notice of proceedings for the adoption of the child; and
7243 (b) does not have any right to object to the adoption or to participate in any other
7244 placement proceedings.
7245 (4) An order [
7246 does not expire with termination of the jurisdiction of the juvenile court.
7247 Section 115. Section 80-4-106 is amended to read:
7248 80-4-106. Individuals entitled to be present at proceedings -- Legal representation
7249 -- Attorney general responsibilities.
7250 [
7251
7252 [
7253 [
7254 [
7255 [
7256
7257 [
7258 appointment of counsel for a parent or [
7259 party under this chapter or under Section 78B-6-112 for termination of parental rights.
7260 (b) If a parent or guardian is the subject of a petition for the termination of parental
7261 rights, the juvenile court shall:
7262 (i) appoint an indigent defense service provider for a parent or guardian determined to
7263 be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
7264 Counsel; and
7265 (ii) order indigent defense services for the parent or [
7266 to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of
7267 Counsel.
7268 (c) In any action under this chapter, a guardian ad litem, as defined in Section
7269 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.
7270 [
7271
7272
7273 [
7274 in civil enforcement actions, the attorney general shall, in accordance with Section
7275 [
7276
7277 Protective Custody of a Child, relating to the termination of parental rights.
7278 (3) (a) The juvenile court shall admit any individual to a hearing unless the juvenile
7279 court makes a finding upon the record that the individual's presence at the hearing would:
7280 (i) be detrimental to the best interest of a child who is a party to the proceeding;
7281 (ii) impair the fact-finding process; or
7282 (iii) be otherwise contrary to the interests of justice.
7283 (b) The juvenile court may exclude an individual from a hearing under Subsection
7284 (3)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
7285 Section 116. Section 80-4-107 is amended to read:
7286 80-4-107. Record of proceedings -- Written reports and other materials --
7287 Statements of a child.
7288 (1) As used in this section, "record of a proceeding" means the same as that term is
7289 defined in Section 80-3-106.
7290 (2) A record of a proceeding under this chapter:
7291 (a) shall be taken in accordance with Section 80-3-106; and
7292 (b) may be requested for release as described in Section 80-3-106.
7293 (3) (a) For purposes of determining proper disposition of a child in hearings upon a
7294 petition for termination of parental rights, written reports and other material relating to the
7295 [
7296 (i) received in evidence; and
7297 (ii) considered by the court along with other evidence.
7298 (b) The court may require that an individual who wrote a report or prepared the
7299 material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.
7300 (4) For the purpose of establishing abuse, neglect, or dependency under this chapter,
7301 the juvenile court may, in the juvenile court's discretion, consider evidence of statements made
7302 by a child under eight years old to an individual in a trust relationship.
7303 Section 117. Section 80-4-305 is amended to read:
7304 80-4-305. Court disposition of a child upon termination of parental rights --
7305 Posttermination reunification.
7306 (1) As used in this section, "relative" means:
7307 (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great
7308 uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child;
7309 and
7310 (b) in the case of a child who is an Indian child, an extended family member as defined
7311 in 25 U.S.C. Sec. 1903.
7312 (2) Upon entry of an order under this chapter, the juvenile court may:
7313 (a) place the child in the legal custody and guardianship of a [
7314
7315 (b) make any other disposition of the child authorized under Section 80-3-405 .
7316 (3) Subject to the requirements of Subsections (4) and (5), all adoptable children
7317 placed in the custody of the division shall be placed for adoption.
7318 (4) If the parental rights of all parents of an adoptable child placed in the custody of the
7319 division have been terminated and a suitable adoptive placement is not already available, the
7320 juvenile court:
7321 (a) shall determine whether there is a relative who desires to adopt the child;
7322 (b) may order the division to conduct a reasonable search to determine whether there
7323 are relatives who are willing to adopt the child; and
7324 (c) shall, if a relative desires to adopt the child:
7325 (i) make a specific finding regarding the fitness of the relative to adopt the child; and
7326 (ii) place the child for adoption with that relative unless the juvenile court finds that
7327 adoption by the relative is not in the best interest of the child.
7328 (5) This section does not guarantee that a relative will be permitted to adopt the child.
7329 (6) A parent whose rights were terminated under this chapter, or a relative of the child,
7330 as defined by Section 80-3-102 , may petition for guardianship of the child if:
7331 (a) (i) following an adoptive placement, the child's adoptive parent returns the child to
7332 the custody of the division; or
7333 (ii) the child is in the custody of the division for one year following the day on which
7334 the parent's rights were terminated, and no permanent placement has been found or is likely to
7335 be found; and
7336 (b) reunification with the child's parent, or guardianship by the child's relative, is in the
7337 best interest of the child.
7338 Section 118. Section 80-4-501, which is renumbered from Section 62A-4a-801 is
7339 renumbered and amended to read:
7340
7341 [
7342 As used in this part:
7343 (1) "Hospital" means a general acute hospital, as that term is defined in Section
7344 26-21-2, that is:
7345 (a) equipped with an emergency room;
7346 (b) open 24 hours a day, seven days a week; and
7347 (c) employs full-time health care professionals who have emergency medical services
7348 training.
7349 (2) "Newborn child" means a child who is approximately 30 days [
7350 younger, as determined within a reasonable degree of medical certainty.
7351 Section 119. Section 80-4-502, which is renumbered from Section 62A-4a-802 is
7352 renumbered and amended to read:
7353 [
7354 (1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
7355 hospital in accordance with [
7356 as the newborn child has not been subject to abuse or neglect.
7357 (b) Safe relinquishment of a newborn child who has not otherwise been subject to
7358 abuse or neglect shall not, in and of itself, constitute neglect, and the newborn child [
7359 not be considered a neglected child[
7360 relinquishment is carried out in substantial compliance with [
7361 (2) (a) Personnel employed by a hospital shall accept a newborn child who is
7362 relinquished [
7363 individual relinquishing is the newborn child's parent or the parent's designee.
7364 (b) The person receiving the newborn child may request information regarding the
7365 parent and newborn child's medical histories, and identifying information regarding the
7366 nonrelinquishing parent of the newborn child.
7367 (c) If the newborn child's parent or the parent's designee provides the person receiving
7368 the newborn child with any of the information described in Subsection (2)(b) or any other
7369 personal items, the person shall provide the information or personal items to the division.
7370 (d) Personnel employed by the hospital shall:
7371 (i) provide any necessary medical care to the newborn child;
7372 (ii) notify the division of receipt of the newborn child as soon as possible, but no later
7373 than 24 hours after receipt of the newborn child; and
7374 (iii) prepare a birth certificate or foundling birth certificate if parentage is unknown for
7375 the newborn child and file the certificate with the Office of Vital Records and Statistics within
7376 the Department of Health.
7377 (e) A hospital and personnel employed by a hospital are immune from any civil or
7378 criminal liability arising from accepting a newborn child if the personnel employed by the
7379 hospital substantially comply with the provisions of this part and medical treatment is
7380 administered according to standard medical practice.
7381 (3) The division shall assume care and protective custody of the newborn child
7382 immediately upon notice from the hospital.
7383 (4) So long as the division determines there is no abuse or neglect of the newborn
7384 child, neither the newborn child nor the child's parents are subject to:
7385 [
7386 [
7387 [
7388 Proceedings.
7389 (5) (a) Unless identifying information relating to the nonrelinquishing parent of the
7390 newborn child [
7391 (i) work with local law enforcement and the Bureau of Criminal Identification within
7392 the Department of Public Safety in an effort to ensure that the newborn child has not been
7393 identified as a missing child;
7394 (ii) immediately place or contract for placement of the newborn child in a potential
7395 adoptive home and, within 10 days after the day on which the child is received, file a petition
7396 for termination of parental rights in accordance with [
7397
7398 (iii) direct the Office of Vital Records and Statistics within the Department of Health to
7399 conduct a search for:
7400 (A) a birth certificate for the newborn child; and
7401 (B) unmarried biological fathers in the registry maintained by the Office of Vital
7402 Records and Statistics in accordance with Title 78B, Chapter 15, Part 4, Registry; and
7403 (iv) provide notice to each potential father identified on the registry described in
7404 Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
7405 (b) (i) If no individual has affirmatively identified himself or herself within two weeks
7406 after the day on which notice under Subsection (5)(a)(iv) is complete and established paternity
7407 by scientific testing within as expeditious a time frame as practicable, a hearing on the petition
7408 for termination of parental rights shall be scheduled and notice provided in accordance with
7409 [
7410 (ii) If a nonrelinquishing parent is not identified, relinquishment of a newborn child
7411 [
7412 of parental rights of both the relinquishing and nonrelinquishing parents under Section
7413 80-4-301.
7414 (6) If at any time [
7415 adopted, the juvenile court finds it is in the best interest of the newborn child, the court shall
7416 deny the petition for termination of parental rights.
7417 (7) The division shall provide for, or contract with a [
7418 provide for expeditious adoption of the newborn child.
7419 (8) So long as the individual relinquishing a newborn child is the newborn child's
7420 parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn child in
7421 substantial compliance with [
7422 potential criminal liability for abandonment or neglect relating to [
7423 Section 120. Section 80-5-601 is amended to read:
7424 80-5-601. Harboring a runaway -- Reporting requirements -- Division of Child
7425 and Family Services to provide assistance -- Affirmative defense -- Providing shelter after
7426 notice.
7427 (1) As used in this section, "harbor" means to provide shelter in:
7428 (a) the home of the person who is providing shelter; or
7429 (b) any structure over which the person providing the shelter has any control.
7430 (2) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if
7431 the person:
7432 (a) knowingly and intentionally harbors a child;
7433 (b) knows at the time of harboring the child that the child is a runaway;
7434 (c) fails to notify one of the following, by telephone or other reasonable means, of the
7435 location of the child:
7436 (i) the parent or guardian of the child;
7437 (ii) the division; or
7438 (iii) a youth services center; and
7439 (d) fails to notify a person described in Subsection (2)(c) within eight hours after the
7440 later of:
7441 (i) the time that the person becomes aware that the child is a runaway; or
7442 (ii) the time that the person begins harboring the child.
7443 (3) A person described in Subsection (2) is not guilty of a violation of Subsection (2)
7444 and is not required to comply with Subsections (2)(c) and (d), if:
7445 (a) (i) a court order is issued authorizing a peace officer to take the child into custody;
7446 and
7447 (ii) the person notifies a peace officer, or the nearest detention facility, by telephone or
7448 other reasonable means, of the location of the child, within eight hours after the later of:
7449 (A) the time that the person becomes aware that the child is a runaway; or
7450 (B) the time that the person begins harboring the child; or
7451 (b) (i) the child is a runaway who consents to shelter, care, or licensed services under
7452 Section 80-5-602; and
7453 (ii) (A) the person is unable to locate the child's parent or guardian; or
7454 (B) the child refuses to disclose the contact information for the child's parent or
7455 guardian.
7456 (4) A person described in Subsection (2) shall provide a report to the division:
7457 (a) if the person has an obligation under Section [
7458 abuse or neglect; or
7459 (b) if, within 48 hours after the person begins harboring the child:
7460 (i) the person continues to harbor the child; and
7461 (ii) the person does not make direct contact with:
7462 (A) a parent or [
7463 (B) the division;
7464 (C) a youth services center; or
7465 (D) a peace officer or the nearest detention facility if a court order is issued authorizing
7466 a peace officer to take the child into custody.
7467 (5) It is an affirmative defense to the crime described in Subsection (2) that:
7468 (a) the person failed to provide notice as described in Subsection (2) or (3) due to
7469 circumstances beyond the control of the person providing the shelter; and
7470 (b) the person provided the notice described in Subsection (2) or (3) as soon as it was
7471 reasonably practicable to provide the notice.
7472 (6) Upon receipt of a report that a runaway is being harbored by a person:
7473 (a) a youth services center shall:
7474 (i) notify the runaway's parent or guardian that a report has been made; and
7475 (ii) inform the runaway's parent or guardian of assistance available from the youth
7476 services center; or
7477 (b) the division shall:
7478 (i) make a referral to the Division of Child and Family Services to determine whether
7479 the runaway is abused, neglected, or dependent; and
7480 (ii) if appropriate, make a referral for services for the runaway.
7481 (7) (a) A parent or guardian of a runaway who is aware that the runaway is being
7482 harbored may notify a law enforcement agency and request assistance in retrieving the
7483 runaway.
7484 (b) The local law enforcement agency may assist the parent or guardian in retrieving
7485 the runaway.
7486 (8) Nothing in this section prohibits a person from continuing to provide shelter to a
7487 runaway, after giving the notice described in Subsections (2) through (4), if:
7488 (a) a parent or guardian of the runaway consents to the continued provision of shelter;
7489 or
7490 (b) a peace officer or a parent or guardian of the runaway fails to retrieve the runaway.
7491 (9) Nothing in this section prohibits a person from providing shelter to a child whose
7492 parent or guardian has intentionally:
7493 (a) ceased to maintain physical custody of the child; and
7494 (b) failed to make reasonable arrangements for the safety, care, and physical custody of
7495 the child.
7496 (10) Nothing in this section prohibits:
7497 (a) a juvenile receiving center or a youth services center from providing shelter to a
7498 runaway in accordance with the requirements of this chapter and the rules relating to a juvenile
7499 receiving center or a youth services center; or
7500 (b) a government agency from taking custody of a child as otherwise provided by law.
7501 Section 121. Section 80-6-707 is amended to read:
7502 80-6-707. Suspension of driving privileges.
7503 (1) This section applies to a minor who:
7504 (a) at the time that the minor is adjudicated under Section 80-6-701, is at least the age
7505 eligible for a driver license under Section 53-3-204; and
7506 (b) is found by the juvenile court to be in actual physical control of a motor vehicle
7507 during the commission of the offense for which the minor is adjudicated.
7508 (2) (a) Except as otherwise provided by this section, if a minor is adjudicated for a
7509 violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may:
7510 (i) suspend the minor's driving privileges; and
7511 (ii) take possession of the minor's driver license.
7512 (b) The juvenile court may order any other eligible disposition under Subsection (1),
7513 except for a disposition under Section 80-6-703 or 80-6-705.
7514 (c) If a juvenile court suspends a minor's driving privileges under Subsection (2)(a):
7515 (i) the juvenile court shall prepare and send the order to the Driver License Division of
7516 the Department of Public Safety; and
7517 (ii) the minor's license shall be suspended under Section 53-3-219.
7518 (3) The juvenile court may reduce a suspension period imposed under Section
7519 53-3-219 if:
7520 (a) (i) the violation is the minor's first violation of:
7521 (A) Section 32B-4-409;
7522 (B) Section 32B-4-410;
7523 (C) Section 58-37-8;
7524 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
7525 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
7526 (F) Subsection 76-9-701(1); and
7527 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
7528 (B) the minor demonstrates substantial progress in substance use disorder treatment; or
7529 (b) (i) the violation is the minor's second or subsequent violation of:
7530 (A) Section 32B-4-409;
7531 (B) Section 32B-4-410;
7532 (C) Section 58-37-8;
7533 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
7534 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
7535 (F) Subsection 76-9-701(1);
7536 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
7537 demonstrated substantial progress in substance use disorder treatment; and
7538 (iii) (A) the minor is 18 years old or older and provides a sworn statement to the
7539 juvenile court that the minor has not unlawfully consumed alcohol or drugs for at least a
7540 one-year consecutive period during the suspension period imposed under Section 53-3-219; or
7541 (B) the minor is under 18 years old and the minor's parent or [
7542 an affidavit or sworn statement to the juvenile court certifying that to the parent or guardian's
7543 knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year
7544 consecutive period during the suspension period imposed under Section 53-3-219.
7545 (4) (a) If a minor is adjudicated under Section 80-6-701 for a proof of age violation, as
7546 defined in Section 32B-4-411:
7547 (i) the juvenile court may forward a record of adjudication to the Department of Public
7548 Safety for a first or subsequent violation; and
7549 (ii) the minor's driving privileges will be suspended:
7550 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
7551 violation of Section 32B-4-411; or
7552 (B) for a period of two years for a second or subsequent conviction for a violation of
7553 Section 32B-4-411.
7554 (b) The juvenile court may reduce the suspension period imposed under Subsection
7555 (4)(a)(ii)(A) if:
7556 (i) the violation is the minor's first violation of Section 32B-4-411; and
7557 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
7558 (B) the minor demonstrates substantial progress in substance use disorder treatment.
7559 (c) The juvenile court may reduce the suspension period imposed under Subsection
7560 (4)(a)(ii)(B) if:
7561 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
7562 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
7563 demonstrated substantial progress in substance use disorder treatment; and
7564 (iii) (A) the minor is 18 years old or older and provides a sworn statement to the court
7565 that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive
7566 period during the suspension period imposed under Subsection (4)(a)(ii)(B); or
7567 (B) the minor is under 18 years old and has the minor's parent or guardian provide an
7568 affidavit or sworn statement to the court certifying that to the [
7569 knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year
7570 consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B).
7571 (5) When the Department of Public Safety receives the arrest or conviction record of a
7572 minor for a driving offense committed while the minor's license is suspended under this
7573 section, the Department of Public Safety shall extend the suspension for a like period of time.
7574 Section 122. Section 80-6-710 is amended to read:
7575 80-6-710. Restitution -- Requirements.
7576 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the
7577 minor to repair, replace, or otherwise make restitution for:
7578 (a) material loss caused by an offense listed in the petition; or
7579 (b) conduct for which the minor agrees to make restitution.
7580 (2) Within seven days after the day on which a petition is filed under this chapter, the
7581 prosecuting attorney or a juvenile probation officer shall provide notification of the restitution
7582 process to all reasonably identifiable and locatable victims of an offense listed in the petition.
7583 (3) A victim that receives notice under Subsection (2) is responsible for providing the
7584 [
7585 (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
7586 loss;
7587 (b) all documentation of any compensation or reimbursement from an insurance
7588 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
7589 (c) if available, the victim's proof of identification, including the victim's date of birth,
7590 social security number, or driver license number; and
7591 (d) the victim's contact information, including the victim's current home and work
7592 address and telephone number.
7593 (4) A prosecuting attorney or victim shall submit a request for restitution to the
7594 juvenile court:
7595 (a) if feasible, at the time of disposition; or
7596 (b) within 90 days after disposition.
7597 (5) The juvenile court shall order a financial disposition that prioritizes the payment of
7598 restitution.
7599 (6) To determine whether restitution, or the amount of restitution, is appropriate under
7600 Subsection (1), the juvenile court:
7601 (a) shall only order restitution for the victim's material loss;
7602 (b) may not order restitution if the juvenile court finds that the minor is unable to pay
7603 or acquire the means to pay;
7604 (c) shall credit any amount paid by the minor to the victim in a civil suit against
7605 restitution owed by the minor;
7606 (d) shall take into account the presumptive period of supervision for the minor's case
7607 under Section 80-6-712, or the presumptive period of commitment for secure care under
7608 Section 80-6-804 if the minor is ordered to secure care, in determining the minor's ability to
7609 satisfy the restitution order within that presumptive term; and
7610 (e) shall credit any amount paid to the victim in restitution against liability in a civil
7611 suit.
7612 (7) If the minor and the victim of the adjudicated offense agree to participate, the
7613 juvenile court may refer the minor's case to a restorative justice program, such as victim
7614 offender mediation, to address how loss resulting from the adjudicated offense may be
7615 addressed.
7616 (8) The juvenile court may require a minor to reimburse an individual, entity, or
7617 governmental agency who offered and paid a reward to a person for providing information
7618 resulting in an adjudication of a minor for the commission of an offense.
7619 (9) If a minor is returned to this state in accordance with [
7620 11, Interstate Compact for Juveniles, the juvenile court may order the minor to make restitution
7621 for costs expended by any governmental entity for the return of the minor.
7622 Section 123. Section 80-6-1002 is amended to read:
7623 80-6-1002. Vacatur of adjudications.
7624 (1) (a) An individual who has been adjudicated under this chapter may petition the
7625 juvenile court for vacatur of the individual's juvenile court records and any related records in
7626 the custody of an agency if the record relates to:
7627 (i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or
7628 (ii) an adjudication that was based on an offense that the petitioner engaged in while
7629 subject to force, fraud, or coercion, as defined in Section 76-5-308.
7630 (b) The petitioner shall include in the petition the relevant juvenile court incident
7631 number and any agencies known or alleged to have any documents related to the offense for
7632 which vacatur is being sought.
7633 (c) The petitioner shall include with the petition the original criminal history report
7634 obtained from the Bureau of Criminal Identification in accordance with the provisions of
7635 Section 53-10-108.
7636 (d) The petitioner shall send a copy of the petition to the county attorney or, if within a
7637 prosecution district, the district attorney.
7638 (2) (a) Upon the filing of a petition, the juvenile court shall:
7639 (i) set a date for a hearing;
7640 (ii) notify the county attorney or district attorney and the agency with custody of the
7641 records at least 30 days prior to the hearing of the pendency of the petition; and
7642 (iii) notify the county attorney or district attorney and the agency with records the
7643 petitioner is asking the juvenile court to vacate of the date of the hearing.
7644 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
7645 of a petition for vacatur.
7646 (ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
7647 hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
7648 is incapacitated or deceased, the victim's next of kin or authorized representative, submits a
7649 written and signed request for notice to the court in the judicial district in which the crime
7650 occurred or judgment was entered.
7651 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
7652 the petition.
7653 (3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
7654 and any other person who may have relevant information about the petitioner may testify.
7655 (b) (i) In deciding whether to grant a petition for vacatur, the juvenile court shall
7656 consider whether the petitioner acted subject to force, fraud, or coercion, as defined in Section
7657 76-5-308, at the time of the conduct giving rise to the adjudication.
7658 (ii) (A) If the juvenile court finds by a preponderance of the evidence that the petitioner
7659 was subject to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the
7660 conduct giving rise to the adjudication, the juvenile court shall grant vacatur.
7661 (B) If the court does not find sufficient evidence, the juvenile court shall deny vacatur.
7662 (iii) If the petition is for vacatur of any adjudication under Section 76-10-1302,
7663 76-10-1304, or 76-10-1313, the juvenile court shall presumptively grant vacatur unless the
7664 petitioner acted as a purchaser of any sexual activity.
7665 (c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
7666 records under the control of the juvenile court and any of the petitioner's records under the
7667 control of any other agency or official pertaining to the incident identified in the petition,
7668 including relevant related records contained in the Management Information System [
7669
7670
7671 (4) (a) The petitioner shall be responsible for service of the order of vacatur to all
7672 affected state, county, and local entities, agencies, and officials.
7673 (b) To avoid destruction or sealing of the records in whole or in part, the agency or
7674 entity receiving the vacatur order shall only vacate all references to the petitioner's name in the
7675 records pertaining to the relevant adjudicated juvenile court incident.
7676 (5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
7677 petition shall be considered never to have occurred and the petitioner may properly reply
7678 accordingly upon any inquiry in the matter.
7679 (b) Inspection of the records may thereafter only be permitted by the juvenile court
7680 upon petition by the individual who is the subject of the records, and only to persons named in
7681 the petition.
7682 (6) The juvenile court may not vacate a juvenile court record if the record contains an
7683 adjudication of:
7684 (a) Section 76-5-202, aggravated murder; or
7685 (b) Section 76-5-203, murder.
7686 Section 124. Section 80-6-1004 is amended to read:
7687 80-6-1004. Requirements to apply to expunge an adjudication.
7688 (1) (a) Except as provided in Subsection (4), an individual who has been adjudicated by
7689 a juvenile court may petition the juvenile court for an order to expunge the individual's juvenile
7690 court record and any related records in the custody of an agency if:
7691 (i) the individual has reached 18 years old; and
7692 (ii) at least one year has passed from the date of:
7693 (A) termination of the continuing jurisdiction of the juvenile court; or
7694 (B) the individual's unconditional release from the custody of the division if the
7695 individual was committed to secure care.
7696 (b) The juvenile court may waive the requirements in Subsection (1)(a) if the juvenile
7697 court finds, and states on the record, the reason why the waiver is appropriate.
7698 (c) The petitioner shall include in the petition described in Subsection (1)(a):
7699 (i) any agency known or alleged to have any records related to the offense for which
7700 expungement is being sought; and
7701 (ii) the original criminal history report obtained from the Bureau of Criminal
7702 Identification in accordance with Section 53-10-108.
7703 (d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the
7704 county attorney or, if within a prosecution district, the district attorney.
7705 (e) (i) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
7706 shall:
7707 (A) set a date for a hearing;
7708 (B) notify the county attorney or district attorney and the agency with custody of the
7709 records at least 30 days before the day on which the hearing of the pendency of the petition is
7710 scheduled; and
7711 (C) notify the county attorney or district attorney and the agency with records that the
7712 petitioner is asking the court to expunge of the date of the hearing.
7713 (ii) (A) The juvenile court shall provide a victim with the opportunity to request notice
7714 of a petition described in Subsection (1)(a).
7715 (B) Upon the victim's request under Subsection (1)(e)(ii)(A), the victim shall receive
7716 notice of the petition at least 30 days before the day on which the hearing is scheduled if,
7717 before the day on which an expungement order is made, the victim or, in the case of a child or
7718 an individual who is incapacitated or deceased, the victim's next of kin or authorized
7719 representative submits a written and signed request for notice to the juvenile court in the
7720 judicial district in which the offense occurred or judgment is entered.
7721 (C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition
7722 described in Subsection (1)(a) and any statutes and rules applicable to the petition.
7723 (2) (a) At the hearing described in Subsection (1)(e)(i), the county attorney or district
7724 attorney, a victim, and any other individual who may have relevant information about the
7725 petitioner may testify.
7726 (b) In deciding whether to grant a petition described in Subsection (1)(a) for
7727 expungement, the juvenile court shall consider whether the rehabilitation of the petitioner has
7728 been attained to the satisfaction of the juvenile court, including the petitioner's response to
7729 programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature
7730 and seriousness of the conduct.
7731 (c) (i) Except as provided in Subsection (2)(c)(ii), a juvenile court may order expunged
7732 all of the petitioner's records under the control of the juvenile court and an agency or an official
7733 if the juvenile court finds that:
7734 (A) the petitioner has not, in the five years preceding the day on which the petition
7735 described in Subsection (1)(a) is filed, been convicted of a violent felony;
7736 (B) there are no delinquency or criminal proceedings pending against the petitioner;
7737 and
7738 (C) a judgment for restitution entered by the juvenile court on the adjudication for
7739 which the expungement is sought has been satisfied.
7740 (ii) A court may not order the Division of Child and Family Services to seal a
7741 petitioner's record that is contained in the Management Information System [
7742
7743 (A) the record is unsupported; or
7744 (B) after notice and an opportunity to be heard, the Division of Child and Family
7745 Services stipulates in writing to sealing the record.
7746 (3) (a) The petitioner is responsible for service of the expungement order issued under
7747 Subsection (2) to any affected agency or official.
7748 (b) To avoid destruction or sealing of the records in whole or in part, the agency or the
7749 official receiving the expungement order described in Subsection (3)(a) shall only expunge all
7750 references to the petitioner's name in the records pertaining to the petitioner's juvenile court
7751 record.
7752 (4) (a) The juvenile court may not expunge a record if the record contains an
7753 adjudication of:
7754 (i) Section 76-5-202, aggravated murder; or
7755 (ii) Section 76-5-203, murder.
7756 (b) This section does not apply to an adjudication under [
7757
7758
7759 Termination and Restoration of Parental Rights.
7760 Section 125. Section 80-6-1101, which is renumbered from Section 55-12-100 is
7761 renumbered and amended to read:
7762
7763 [
7764 compact.
7765 (1) This [
7766 (2) The governor is authorized and directed to execute a compact on behalf of this state
7767 with any other state or states substantially in the form of this [
7768 Section 126. Section 80-6-1102, which is renumbered from Section 55-12-101 is
7769 renumbered and amended to read:
7770 [
7771 (1) The compacting states to this Interstate Compact recognize that each state is
7772 responsible for the proper supervision or return of juveniles, delinquents, and status offenders
7773 who are on probation or parole and who have absconded, escaped, or run away from
7774 supervision and control and in so doing have endangered their own safety and the safety of
7775 others.
7776 (2) The compacting states also recognize that each state is responsible for the safe
7777 return of juveniles who have run away from home and in doing so have left their state of
7778 residence.
7779 (3) The compacting states also recognize that Congress, by enacting the Crime Control
7780 Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative
7781 efforts and mutual assistance in the prevention of crime.
7782 (4) It is the purpose of this compact, through means of joint and cooperative action
7783 among the compacting states to:
7784 (a) ensure that the adjudicated juveniles and status offenders subject to this compact
7785 are provided adequate supervision and services in the receiving state as ordered by the
7786 adjudicating judge or parole authority in the sending state;
7787 (b) ensure that the public safety interests of the citizens, including the victims of
7788 juvenile offenders, in both the sending and receiving states are adequately protected;
7789 (c) return juveniles who have run away, absconded, or escaped from supervision or
7790 control or have been accused of an offense to the state requesting their return;
7791 (d) make contracts for the cooperative institutionalization in public facilities in
7792 member states for delinquent youth needing special services;
7793 (e) provide for the effective tracking and supervision of juveniles;
7794 (f) equitably allocate the costs, benefits, and obligations of the compacting states;
7795 (g) establish procedures to manage the movement between states of juvenile offenders
7796 released to the community under the jurisdiction of courts, juvenile departments, or any other
7797 criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
7798 (h) [
7799 authorized to travel or to relocate across state lines;
7800 (i) establish procedures to resolve pending charges (detainers) against juvenile
7801 offenders prior to transfer or release to the community under the terms of this compact;
7802 (j) establish a system of uniform data collection on information pertaining to juveniles
7803 subject to this compact that allows access by authorized juvenile justice and criminal justice
7804 officials, and regular reporting of compact activities to heads of state executive, judicial, and
7805 legislative branches and juvenile and criminal justice administrators;
7806 (k) monitor compliance with rules governing interstate movement of juveniles and
7807 initiate interventions to address and correct noncompliance;
7808 (l) coordinate training and education regarding the regulation of interstate movement of
7809 juveniles for officials involved in such activity; and
7810 (m) coordinate the implementation and operation of the compact with the Interstate
7811 Compact for the Placement of Children, the Interstate Compact for Adult Offender
7812 Supervision, and other compacts affecting juveniles particularly in those cases where
7813 concurrent or overlapping supervision issues arise.
7814 (5) It is the policy of the compacting states that the activities conducted by the
7815 Interstate Commission created herein are the formation of public policies and, therefore, are
7816 public business. Furthermore, the compacting states shall cooperate and observe their
7817 individual and collective duties and responsibilities for the prompt return and acceptance of
7818 juveniles subject to the provisions of this compact.
7819 (6) The provisions of this compact shall be reasonably and liberally construed to
7820 accomplish the purposes and policies of the compact.
7821 Section 127. Section 80-6-1103, which is renumbered from Section 55-12-102 is
7822 renumbered and amended to read:
7823 [
7824 (1) As used in this compact, unless the context clearly requires a different construction:
7825 [
7826 its governance, or for directing or controlling its actions or conduct.
7827 [
7828 appointed pursuant to the terms of this compact, responsible for the administration and
7829 management of the state's supervision and transfer of juveniles subject to the terms of this
7830 compact, the rules adopted by the Interstate Commission, and policies adopted by the State
7831 Council under this compact.
7832 [
7833 legislation for this compact.
7834 [
7835 appointed pursuant to Section [
7836 [
7837 dependent children.
7838 [
7839 compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms
7840 of this compact responsible for the administration and management of the state's supervision
7841 and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
7842 Commission, and policies adopted by the State Council under this compact.
7843 [
7844 for Juveniles created by Section [
7845 [
7846 the rules of the Interstate Commission, including:
7847 [
7848 committed by an adult, would be a criminal offense;
7849 [
7850 would not be a criminal offense if committed by an adult;
7851 [
7852 offense that, if committed by an adult, would be a criminal offense;
7853 [
7854 offense that would not be a criminal offense if committed by an adult; and
7855 [
7856 accused or adjudicated a status offender or delinquent.
7857 [
7858 legislation for this compact.
7859 [
7860 juveniles authorized under the laws of the compacting states.
7861 [
7862 pursuant to Section [
7863 interprets, or prescribes a policy or provision of the compact, or an organizational, procedural,
7864 or practice requirement of the Commission, and has the force and effect of statutory law in a
7865 compacting state, and includes the amendment, repeal, or suspension of an existing rule.
7866 [
7867 Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
7868 Northern Marianas Islands.
7869 (2) The definitions in Section 80-1-102 do not apply to this compact.
7870 Section 128. Section 80-6-1104, which is renumbered from Section 55-12-103 is
7871 renumbered and amended to read:
7872 [
7873 (1) The compacting states hereby create the "Interstate Commission for Juveniles."
7874 (2) The commission shall be a body corporate and joint agency of the compacting
7875 states.
7876 (3) The commission shall have all the responsibilities, powers, and duties set forth
7877 herein, and such additional powers as may be conferred upon it by subsequent action of the
7878 respective legislatures of the compacting states in accordance with the terms of this compact.
7879 (4) The commission shall consist of commissioners appointed by the appropriate
7880 appointing authority in each state pursuant to the rules and requirements of each compacting
7881 state and in consultation with the State Council for Interstate Juvenile Supervision created
7882 hereunder.
7883 (5) The commissioner shall be the compact administrator, deputy compact
7884 administrator, or designee from that state who shall serve on the commission in such capacity
7885 under or pursuant to the applicable law of the compacting state.
7886 (6) In addition to the commissioners who are the voting representatives of each state,
7887 the commission shall include individuals who are not commissioners, but who are members of
7888 interested organizations. Noncommissioner members shall include a member of the national
7889 organizations of governors, legislators, state chief justices, attorneys general, Interstate
7890 Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children,
7891 juvenile justice and juvenile corrections officials, and crime victims.
7892 (7) All noncommissioner members of the commission shall be ex officio, nonvoting
7893 members. The commission may provide in its by-laws for additional ex officio, nonvoting
7894 members, including members of other national organizations, in numbers to be determined by
7895 the commission.
7896 (8) Each compacting state represented at any meeting of the commission is entitled to
7897 one vote. A majority of the compacting states shall constitute a quorum for the transaction of
7898 business, unless a larger quorum is required by the by-laws of the commission.
7899 (9) The commission shall meet at least once each calendar year. The chairperson may
7900 call additional meetings and, upon the request of a simple majority of the compacting states,
7901 shall call additional meetings. Public notice shall be given of all meetings and meetings shall
7902 be open to the public.
7903 (10) The commission shall establish an executive committee, which shall include
7904 commission officers, members, and others as determined by the by-laws. The executive
7905 committee shall:
7906 (a) have the power to act on behalf of the commission during periods when the
7907 commission is not in session, with the exception of rulemaking or amendment to the compact;
7908 (b) oversee the day-to-day activities of the administration of the compact managed by
7909 an executive director and commission staff, which administers enforcement and compliance
7910 with the provisions of the compact, its by-laws, and rules; and
7911 (c) perform other duties as directed by the commission or set forth in the by-laws.
7912 (11) Each member of the commission shall have the right and power to cast a vote to
7913 which that compacting state is entitled and to participate in the business and affairs of the
7914 commission. A member shall vote in person and may not delegate a vote to another
7915 compacting state. However, a commissioner, in consultation with the state council, shall
7916 appoint another authorized representative, in the absence of the commissioner from that state,
7917 to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may
7918 provide for members' participation in meetings by telephone or other means of
7919 telecommunication or electronic communication.
7920 (12) The commission's by-laws shall establish conditions and procedures under which
7921 the commission shall make its information and official records available to the public for
7922 inspection or copying. The commission may exempt from disclosure any information or
7923 official records to the extent they would adversely affect personal privacy rights or proprietary
7924 interests.
7925 (13) Public notice shall be given of all meetings and all meetings shall be open to the
7926 public, except as set forth in the rules or as otherwise provided in the compact. The
7927 commission and any of its committees may close a meeting to the public where it determines
7928 by two-thirds vote that an open meeting would be likely to:
7929 (a) relate solely to the commission's internal personnel practices and procedures;
7930 (b) disclose matters specifically exempted from disclosure by statute;
7931 (c) disclose trade secrets or commercial or financial information which is privileged or
7932 confidential;
7933 (d) involve accusing any person of a crime, or formally censuring any person;
7934 (e) disclose information of a personal nature where disclosure would constitute a
7935 clearly unwarranted invasion of personal privacy;
7936 (f) disclose investigative records compiled for law enforcement purposes;
7937 (g) disclose information contained in or related to examination, operating, or condition
7938 reports prepared by, or on behalf of or for the use of, the commission with respect to a
7939 regulated person or entity for the purpose of regulation or supervision of such person or entity;
7940 (h) disclose information, the premature disclosure of which would significantly
7941 endanger the stability of a regulated person or entity; or
7942 (i) specifically relate to the commission's issuance of a subpoena, or its participation in
7943 a civil action or other legal proceeding.
7944 (14) For every meeting closed pursuant to this provision, the commission's legal
7945 counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to
7946 the public, and shall reference each relevant exemptive provision. The commission shall keep
7947 minutes which shall fully and clearly describe all matters discussed in any meeting and shall
7948 provide a full and accurate summary of any actions taken, and the reasons therefor, including a
7949 description of each of the views expressed on any item and the record of any roll call vote,
7950 reflected in the vote of each member on the question. All documents considered in connection
7951 with any action shall be identified in the minutes.
7952 (15) The commission shall collect standardized data concerning the interstate
7953 movement of juveniles as directed through its rules which shall specify the data to be collected,
7954 the means of collection, and data exchange and reporting requirements. Methods of data
7955 collection, exchange, and reporting shall insofar as is reasonably possible conform to
7956 up-to-date technology and coordinate its information functions with the appropriate repository
7957 of records.
7958 Section 129. Section 80-6-1105, which is renumbered from Section 55-12-104 is
7959 renumbered and amended to read:
7960 [
7961 Commission.
7962 The commission shall have the following powers and duties:
7963 (1) provide for dispute resolution among compacting states;
7964 (2) promulgate rules to effect the purposes and obligations as enumerated in this
7965 compact, which shall have the force and effect of statutory law and shall be binding in the
7966 compacting states to the extent and in the manner provided in this compact;
7967 (3) oversee, supervise, and coordinate the interstate movement of juveniles subject to
7968 the terms of this compact and any by-laws adopted and rules promulgated by the commission;
7969 (4) enforce compliance with the compact provisions, the rules promulgated by the
7970 commission, and the by-laws, using all necessary and proper means, including, but not limited
7971 to, the use of judicial process;
7972 (5) establish and maintain offices which shall be located within one or more of the
7973 compacting states;
7974 (6) purchase and maintain insurance and bonds;
7975 (7) borrow, accept, hire, or contract for services of personnel;
7976 (8) establish and appoint committees and hire staff which it considers necessary for the
7977 carrying out of its functions including, but not limited to, an executive committee as required
7978 by Section [
7979 commission in carrying out its powers and duties hereunder;
7980 (9) elect or appoint any officers, attorneys, employees, agents, or consultants, fix their
7981 compensation, define their duties, and determine their qualifications;
7982 (10) establish the commission's personnel policies and programs relating to, inter alia,
7983 conflicts of interest, rates of compensation, and qualifications of personnel;
7984 (11) accept any and all donations and grants of money, equipment, supplies, materials,
7985 and services, and to receive, utilize, and dispose of them;
7986 (12) lease, purchase, accept contributions or donations of, or otherwise to own, hold,
7987 improve or use any property, real, personal, or mixed;
7988 (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
7989 any property, real, personal, or mixed;
7990 (14) establish a budget and make expenditures and levy dues as provided in Section
7991 [
7992 (15) sue and be sued;
7993 (16) adopt a seal and by-laws governing the management and operation of the
7994 commission;
7995 (17) perform any functions necessary or appropriate to achieve the purposes of this
7996 compact;
7997 (18) report annually to the legislatures, governors, judiciary, and state councils of the
7998 compacting states concerning the activities of the commission during the preceding year,
7999 including any recommendations that may have been adopted by the commission;
8000 (19) coordinate education, training, and public awareness regarding the interstate
8001 movement of juveniles for officials involved in the activity;
8002 (20) establish uniform standards for the reporting, collecting, and exchanging of data;
8003 and
8004 (21) maintain its corporate books and records in accordance with the by-laws.
8005 Section 130. Section 80-6-1106, which is renumbered from Section 55-12-105 is
8006 renumbered and amended to read:
8007 [
8008 Interstate Commission.
8009 (1) Section A. By-laws
8010 The Interstate Commission shall, by a majority of the members present and voting,
8011 within 12 months after the first commission meeting, adopt by-laws to govern its conduct as
8012 may be necessary or appropriate to carry out the purposes of the compact, including, but not
8013 limited to:
8014 (a) establishing the fiscal year of the commission;
8015 (b) establishing an executive committee and any other committees as necessary;
8016 (c) providing for the establishment of committees governing any general or specific
8017 delegation of any authority or function of the commission;
8018 (d) providing reasonable procedures for calling and conducting meetings of the
8019 commission, and ensuring reasonable notice of each meeting;
8020 (e) establishing the titles and responsibilities of the officers of the commission;
8021 (f) providing a mechanism for concluding the operations of the commission and the
8022 return of any surplus funds that may exist upon the termination of the compact after the
8023 payment and reserving of all of its debts and obligations;
8024 (g) providing "start-up" rules for initial administration of the compact; and
8025 (h) establishing standards and procedures for compliance and technical assistance in
8026 carrying out the compact.
8027 (2) Section B. Officers and Staff
8028 (a) The Interstate Commission shall, by a majority of the members, elect annually from
8029 among its members a chairperson and a vice chairperson, each of whom shall have the
8030 authority and duties specified in the by-laws. The chairperson or, in the chairperson's absence
8031 or disability, the vice chairperson shall preside at all meetings of the commission.
8032 (b) The officers shall serve without compensation or remuneration from the
8033 commission, provided that, subject to the availability of budgeted funds, the officers shall be
8034 reimbursed for any ordinary and necessary costs and expenses incurred by them in the
8035 performance of their duties and responsibilities as officers of the commission.
8036 (c) The commission shall, through its executive committee, appoint or retain an
8037 executive director for any time period, upon any terms and conditions, and for any
8038 compensation as the commission may consider appropriate. The executive director shall serve
8039 as secretary to the commission, but may not be a member and shall hire and supervise other
8040 staff as authorized by the commission.
8041 (3) Section C. Qualified Immunity, Defense, and Indemnification
8042 (a) The Interstate Commission's executive director and employees shall be immune
8043 from suit and liability, either personally or in their official capacity, for any claim for damage
8044 to or loss of property or personal injury or other civil liability caused or arising out of or
8045 relating to any actual or alleged act, error, or omission that occurred, or that the person had a
8046 reasonable basis for believing occurred within the scope of commission employment, duties, or
8047 responsibilities; provided, that a person may not be protected from suit or liability for any
8048 damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
8049 the person.
8050 (b) The liability of any commissioner, or the employee or agent of a commissioner,
8051 acting within the scope of the person's employment or duties for acts, errors, or omissions
8052 occurring within the person's state may not exceed the limits of liability set forth under the
8053 constitution and laws of that state for state officials, employees, and agents. Nothing in this
8054 Subsection (3) shall be construed to protect any person from suit or liability for any damage,
8055 loss, injury, or liability caused by the intentional or willful and wanton misconduct of the
8056 person.
8057 (c) The commission shall defend the executive director or the employees or
8058 representatives of the commission and, subject to the approval of the attorney general of the
8059 state represented by any commissioner of a compacting state, shall defend the commissioner or
8060 the commissioner's representatives or employees in any civil action seeking to impose liability
8061 arising out of any actual or alleged act, error, or omission that occurred within the scope of
8062 commission employment, duties, or responsibilities, or that the defendant had a reasonable
8063 basis for believing occurred within the scope of commission employment, duties, or
8064 responsibilities, provided that the actual or alleged act, error, or omission did not result from
8065 intentional or willful and wanton misconduct on the part of the person.
8066 (d) The commission shall indemnify and hold the commissioner of a compacting state,
8067 the commissioner's representatives or employees, or the commission's representatives or
8068 employees harmless in the amount of any settlement or judgment obtained against the persons
8069 arising out of any actual or alleged act, error, or omission that occurred within the scope of
8070 commission employment, duties, or responsibilities, or that the persons had a reasonable basis
8071 for believing occurred within the scope of commission employment, duties, or responsibilities,
8072 provided that the actual or alleged act, error, or omission did not result from intentional or
8073 willful and wanton misconduct on the part of the persons.
8074 Section 131. Section 80-6-1107, which is renumbered from Section 55-12-106 is
8075 renumbered and amended to read:
8076 [
8077 Interstate Commission.
8078 (1) The Interstate Commission shall promulgate and publish rules in order to
8079 effectively and efficiently achieve the purposes of the compact.
8080 (2) Rulemaking shall occur pursuant to the criteria set forth in this section and the
8081 by-laws and rules adopted pursuant thereto. Rulemaking shall substantially conform to the
8082 principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
8083 Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the commission
8084 considers appropriate, consistent with due process requirements under the [
8085 Constitution as interpreted by the [
8086 amendments shall become binding as of the date specified, as published with the final version
8087 of the rule as approved by the commission.
8088 (3) When promulgating a rule, the commission shall, at a minimum:
8089 (a) publish the proposed rule's entire text stating the reasons for that proposed rule;
8090 (b) allow and invite any and all persons to submit written data, facts, opinions, and
8091 arguments, which information shall be added to the record, and be made publicly available;
8092 (c) provide an opportunity for an informal hearing if petitioned by ten or more persons;
8093 and
8094 (d) promulgate a final rule and its effective date, if appropriate, based on input from
8095 state or local officials, or interested parties.
8096 (4) Not later than 60 days after a rule is promulgated, the commission shall allow any
8097 interested person to file a petition in the United States District Court for the District of
8098 Columbia or in the Federal District Court where the commission's principal office is located for
8099 judicial review of the rule. If the court finds that the commission's action is not supported by
8100 substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it
8101 aside. For purposes of this Subsection (4), evidence is substantial if it would be considered
8102 substantial evidence under the Model State Administrative Procedures Act.
8103 (5) If a majority of the legislatures of the compacting states reject a rule, those states
8104 may, by enactment of a statute or resolution in the same manner used to adopt the compact,
8105 state that the rule shall have no further force and effect in any compacting state.
8106 (6) The existing rules governing the operation of the Interstate Compact on Juveniles
8107 superceded by this act shall be null and void 12 months after the first meeting of the Interstate
8108 Commission created in this [
8109 (7) Upon determination by the Interstate Commission that a state of emergency exists,
8110 it may promulgate an emergency rule which shall become effective immediately upon
8111 adoption, provided that the usual rulemaking procedures shall be retroactively applied to the
8112 rule as soon as reasonably possible, but no later than 90 days after the effective date of the
8113 emergency rule.
8114 Section 132. Section 80-6-1108, which is renumbered from Section 55-12-107 is
8115 renumbered and amended to read:
8116 [
8117 resolution by the Interstate Commission.
8118 (1) Section A. Oversight
8119 (a) The Interstate Commission shall oversee the administration and operations of the
8120 interstate movement of juveniles subject to this compact in the compacting states and shall
8121 monitor activities being administered in noncompacting states which may significantly affect
8122 compacting states.
8123 (b) The courts and executive agencies in each compacting state shall enforce this
8124 compact and take all actions necessary and appropriate to effectuate the compact's purposes
8125 and intent. The provisions of this compact and the rules promulgated hereunder shall be
8126 received by all the judges, public officers, commissions, and departments of the state
8127 government as evidence of the authorized statute and administrative rules. All courts shall take
8128 judicial notice of the compact and the rules. In any judicial or administrative proceeding in a
8129 compacting state pertaining to the subject matter of this compact which may affect the powers,
8130 responsibilities, or actions of the commission, it shall be entitled to receive all service of
8131 process in any proceeding, and shall have standing to intervene in the proceeding for all
8132 purposes.
8133 (2) Section B. Dispute Resolution
8134 (a) The compacting states shall report to the Interstate Commission on all issues and
8135 activities necessary for the administration of the compact as well as issues and activities
8136 pertaining to compliance with the provisions of the compact and its by-laws and rules.
8137 (b) The Interstate Commission shall attempt, upon the request of a compacting state, to
8138 resolve any disputes or other issues which are subject to the compact and which may arise
8139 among compacting states and between compacting and noncompacting states. The commission
8140 shall promulgate a rule providing for both mediation and binding dispute resolution for
8141 disputes among the compacting states.
8142 (c) The commission, in the reasonable exercise of its discretion, shall enforce the
8143 provisions and rules of this compact using any or all means set forth in Section [
8144 80-6-1110.
8145 Section 133. Section 80-6-1109, which is renumbered from Section 55-12-108 is
8146 renumbered and amended to read:
8147 [
8148 (1) The Interstate Commission shall pay or provide for the payment of the reasonable
8149 expenses of its establishment, organization, and ongoing activities.
8150 (2) The commission shall levy on and collect an annual assessment from each
8151 compacting state to cover the cost of the internal operations and activities of the commission
8152 and its staff which shall be in a total amount sufficient to cover the commission's annual budget
8153 as approved each year. The aggregate annual assessment amount shall be allocated based upon
8154 a formula to be determined by the commission, taking into consideration the population of each
8155 compacting state and the volume of interstate movement of juveniles in each compacting state.
8156 The commission shall promulgate a rule binding upon all compacting states which governs the
8157 assessment.
8158 (3) The commission may not incur any obligations of any kind prior to securing the
8159 funds adequate to meet the obligations, nor shall the commission pledge the credit of any of the
8160 compacting states, except by and with the authority of the compacting state.
8161 (4) The commission shall keep accurate accounts of all receipts and disbursements.
8162 The receipts and disbursements of the commission shall be subject to the audit and accounting
8163 procedures established under its by-laws. All receipts and disbursements of funds handled by
8164 the commission shall be audited yearly by a certified or licensed public accountant and the
8165 report of the audit shall be included in and become part of the annual report of the commission.
8166 Section 134. Section 80-6-1110, which is renumbered from Section 55-12-109 is
8167 renumbered and amended to read:
8168 [
8169 (1) Each member state shall create a State Council for Interstate Juvenile Supervision.
8170 (2) While each state may determine the membership of its own state council, its
8171 membership shall include at least one representative from the legislative, judicial, and
8172 executive branches of government, victims groups, and the compact administrator, deputy
8173 compact administrator, or designee.
8174 (3) Each compacting state retains the right to determine the qualifications of the
8175 compact administrator or deputy compact administrator.
8176 (4) Each state council shall advise and may exercise oversight and advocacy
8177 concerning that state's participation in commission activities and other duties determined by
8178 that state, including but not limited to, development of policy concerning operations and
8179 procedures of the compact within that state.
8180 Section 135. Section 80-6-1111, which is renumbered from Section 55-12-110 is
8181 renumbered and amended to read:
8182 [
8183 and amendment.
8184 (1) Any state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
8185 Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in
8186 Section 55-12-102 is eligible to become a compacting state.
8187 (2) The compact shall become effective and binding upon legislative enactment of the
8188 compact into law by no less than 35 states. The initial effective date shall be the later of July 1,
8189 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective
8190 and binding as to any other compacting state upon enactment of the compact into law by that
8191 state.
8192 (3) The governors of nonmember states or their designees shall be invited to participate
8193 in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the
8194 compact by all states and territories of the United States.
8195 (4) The commission may propose amendments to the compact for enactment by the
8196 compacting states. No amendment shall become effective and binding upon the commission
8197 and the compacting states unless and until it is enacted into law by unanimous consent of the
8198 compacting states.
8199 Section 136. Section 80-6-1112, which is renumbered from Section 55-12-111 is
8200 renumbered and amended to read:
8201 [
8202 and judicial enforcement.
8203 (1) Section A. Withdrawal
8204 (a) Once effective, the compact shall continue in force and remain binding upon each
8205 and every compacting state.
8206 (b) A compacting state may withdraw from the compact by specifically repealing the
8207 statute which enacted the compact into law. The effective date of withdrawal is the effective
8208 date of the repeal.
8209 (c) The withdrawing state shall immediately notify the chairperson of the Interstate
8210 Commission in writing upon the introduction of legislation repealing the compact in the
8211 withdrawing state. The commission shall notify the other compacting states of the
8212 withdrawing state's intent to withdraw within 60 days of its receipt thereof.
8213 (d) The withdrawing state is responsible for all assessments, obligations, and liabilities
8214 incurred through the effective date of withdrawal, including any obligations, the performance
8215 of which extend beyond the effective date of withdrawal.
8216 (e) Reinstatement following withdrawal of any compacting state shall occur upon the
8217 withdrawing state reenacting the compact or upon a later date as determined by the
8218 commission.
8219 (2) Section B. Technical Assistance, Fines, Suspension, Termination, and Default
8220 (a) If the Interstate Commission determines that any compacting state has at any time
8221 defaulted in the performance of any of its obligations or responsibilities under this compact, or
8222 the by-laws or duly promulgated rules, the commission may impose any or all of the following
8223 penalties:
8224 (i) remedial training and technical assistance as directed by the commission;
8225 (ii) alternative dispute resolution;
8226 (iii) fines, fees, and costs in amounts considered to be reasonable as fixed by the
8227 commission; and
8228 (iv) suspension or termination of membership in the compact.
8229 (b) Suspension or termination of membership in the compact shall be imposed only
8230 after all other reasonable means of securing compliance under the by-laws and rules have been
8231 exhausted and the commission has determined that the offending state is in default.
8232 (c) Immediate notice of suspension shall be given by the commission to the governor,
8233 the chief justice, or the chief judicial officer of the state, the majority and minority leaders of
8234 the defaulting state's legislature, and the state council.
8235 (d) The grounds for default include, but are not limited to, failure of a compacting state
8236 to perform obligations or responsibilities imposed upon it by this compact, the by-laws, or duly
8237 promulgated rules, and any other grounds designated in commission by-laws and rules.
8238 (i) The commission shall immediately notify the defaulting state in writing of the
8239 penalty imposed by the commission and of the default pending a cure of the default.
8240 (ii) The commission shall stipulate the conditions and the time period within which the
8241 defaulting state must cure its default.
8242 (e) If the defaulting state fails to cure the default within the time period specified by the
8243 commission, the defaulting state shall be terminated from the compact upon an affirmative vote
8244 of a majority of the compacting states and all rights, privileges, and benefits conferred by this
8245 compact shall be terminated upon the effective date of termination.
8246 (f) Within 60 days of the effective date of termination of a defaulting state, the
8247 commission shall notify the governor, the chief justice or chief judicial officer, the majority and
8248 minority leaders of the defaulting state's legislature, and the state council of the termination.
8249 (g) The defaulting state is responsible for all assessments, obligations, and liabilities
8250 incurred through the effective date of termination including any obligations, the performance of
8251 which extends beyond the effective date of termination.
8252 (h) The commission may not bear any costs relating to the defaulting state unless
8253 otherwise mutually agreed upon in writing between the commission and the defaulting state.
8254 (i) Reinstatement following termination of any compacting state requires both a
8255 reenactment of the compact by the defaulting state and the approval of the commission
8256 pursuant to the rules.
8257 (3) Section C. Judicial Enforcement
8258 (a) The Interstate Commission may, by majority vote of the members, initiate legal
8259 action in the United States District Court for the District of Columbia or, at the discretion of
8260 the Interstate Commission, in the federal district where the Interstate Commission has its
8261 offices, to enforce compliance with the provisions of the compact, its duly promulgated rules
8262 and by-laws, against any compacting state in default.
8263 (b) In the event judicial enforcement is necessary, the prevailing party shall be awarded
8264 all costs of litigation, including reasonable attorneys' fees.
8265 (4) Section D. Dissolution of Compact
8266 (a) The compact dissolves effective upon the date of the withdrawal or default of a
8267 compacting state, which reduces membership in the compact to one compacting state.
8268 (b) Upon the dissolution of this compact, the compact becomes null and void and shall
8269 be of no further force or effect, the business and affairs of the Interstate Commission shall be
8270 concluded, and any surplus funds shall be distributed in accordance with the by-laws.
8271 Section 137. Section 80-6-1113, which is renumbered from Section 55-12-112 is
8272 renumbered and amended to read:
8273 [
8274 (1) The provisions of this compact shall be severable, and if any phrase, clause,
8275 sentence, or provision is considered unenforceable, the remaining provisions of the compact
8276 shall be enforceable.
8277 (2) The provisions of this compact shall be liberally construed to effectuate its
8278 purposes.
8279 Section 138. Section 80-6-1114, which is renumbered from Section 55-12-113 is
8280 renumbered and amended to read:
8281 [
8282 laws.
8283 (1) Section A. Other Laws
8284 (a) Nothing herein prevents the enforcement of any other law of a compacting state that
8285 is not inconsistent with this compact.
8286 (b) All compacting states' laws other than state constitutions and other interstate
8287 compacts conflicting with this compact are superseded to the extent of the conflict.
8288 (2) Section B. Binding Effect of the Compact
8289 (a) All lawful actions of the commission, including all rules and by-laws promulgated
8290 by the commission, are binding upon the compacting states.
8291 (b) All agreements between the commission and the compacting states are binding in
8292 accordance with their terms.
8293 (c) Upon the request of a party to a conflict over meaning or interpretation of
8294 commission actions, and upon a majority vote of the compacting states, the commission may
8295 issue advisory opinions regarding the meaning or interpretation.
8296 (d) In the event any provision of this compact exceeds the constitutional limits imposed
8297 on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
8298 sought to be conferred by the provision upon the commission shall be ineffective and the
8299 obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be
8300 exercised by the agency thereof to which the obligations, duties, powers, or jurisdiction are
8301 delegated by law in effect at the time this compact becomes effective.
8302 Section 139. Section 80-6-1115, which is renumbered from Section 55-12-114 is
8303 renumbered and amended to read:
8304 [
8305 (1) [
8306 designate a compact administrator and who, acting jointly with like administrators of other
8307 party states, shall promulgate rules and regulations to carry out more effectively the terms of
8308 the compact. The compact administrator shall serve subject to the pleasure of the governor.
8309 (2) The compact administrator is authorized, empowered and directed to cooperate
8310 with all departments, agencies and officers of and in the government of this state and [
8311 state's subdivisions in facilitating the proper administration of the compact or of any
8312 supplementary agreement or agreements entered into by this state.
8313 Section 140. Section 80-6-1116, which is renumbered from Section 55-12-115 is
8314 renumbered and amended to read:
8315 [
8316 The compact administrator is authorized and empowered to enter into supplementary
8317 agreements with appropriate officials of other states [
8318 event that the supplementary agreement requires or contemplates the use of any institution or
8319 facility of this state or requires or contemplates the provision of any service by this state, the
8320 supplementary agreement shall have no force or effect until approved by the head of the
8321 department or agency under whose jurisdiction said institution or facility is operated or whose
8322 department or agency will be charged with the rendering of such service.
8323 Section 141. Section 80-6-1117, which is renumbered from Section 55-12-116 is
8324 renumbered and amended to read:
8325 [
8326 The compact administrator, subject to the approval of the Division of Finance, may
8327 make or arrange for any payments necessary to discharge any financial obligations imposed
8328 upon this state by the compact or by any supplementary agreement entered into.
8329 Section 142. Section 80-6-1118, which is renumbered from Section 55-12-117 is
8330 renumbered and amended to read:
8331 [
8332 The compact administrator is authorized to take appropriate action to recover from
8333 parents or guardians, any and all costs expended by the state, or any of [
8334 subdivisions, to return a delinquent or nondelinquent juvenile to this state, for care provided
8335 [
8336 to this state.
8337 Section 143. Section 80-6-1119, which is renumbered from Section 55-12-118 is
8338 renumbered and amended to read:
8339 [
8340 agencies, and officers.
8341 The courts, departments, agencies and officers of this state and [
8342 subdivisions shall enforce this compact and do all things appropriate to the effectuation of [
8343 the compact's purposes and intent which may be within their respective jurisdictions.
8344 Section 144. Repealer.
8345 This bill repeals:
8346 Section 62A-4a-109, Eligibility -- Fee schedules.
8347 Section 62A-4a-114, Financial reimbursement by parent or legal guardian.
8348 Section 62A-4a-119, Division required to produce "family impact statement" with
8349 regard to rules.
8350 Section 62A-4a-120, Accommodation of moral and religious beliefs and culture.
8351 Section 62A-4a-205.5, Prohibition of discrimination based on race, color, or
8352 ethnicity.
8353 Section 62A-4a-206.1, Foster parent's preference upon child's reentry into foster
8354 care.
8355 Section 62A-4a-301, Legislative finding.
8356 Section 62A-4a-302, Definitions.
8357 Section 62A-4a-303, Director's responsibility.
8358 Section 62A-4a-304, Contracts for services.
8359 Section 62A-4a-305, Prevention and treatment programs.
8360 Section 62A-4a-306, Programs and services -- Public hearing requirements --
8361 Review by local board of education.
8362 Section 62A-4a-307, Factors considered in award of contracts.
8363 Section 62A-4a-308, Portion of funding provided by contractor.
8364 Section 62A-4a-310, Funds -- Transfers and gifts.
8365 Section 62A-4a-402, Definitions.
8366 Section 62A-4a-601, Definitions.
8367 Section 62A-4a-901, Legislative purpose.
8368 Section 62A-4a-904, Adoption assistance.
8369 Section 62A-4a-1001, Title.
8370 Section 62A-4a-1002, Definitions.
8371 Section 62A-4a-1004, Risk assessment training -- Second health care opinion.
8372 Section 63M-10-201, Creation -- Purpose -- Administration -- Access.
8373 Section 80-1-101, Title.
8374 Section 80-2-101, Title.
8375 Section 80-3-101, Title.
8376 Section 80-4-101, Title.
8377 Section 80-5-101, Title.
8378 Section 80-6-101, Title.
8379 Section 80-7-101, Title.
8380 Section 145. Effective date.
8381 (1) Except as provided in Subsection (2), this bill takes effect on May 4, 2022.
8382 (2) If approved by two-thirds of all the members elected to each house, Section
8383 62A-4a-1003.5 and the amendments to Section 63I-2-262 take effect upon approval by the
8384 governor, or the day following the constitutional time limit of Utah Constitution, Article VII,
8385 Section 8, without the governor's signature, or in the case of a veto, the date of veto override.