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7 LONG TITLE
8 General Description:
9 This bill contains the cross references for H.B. 248, Juvenile Amendments.
10 Highlighted Provisions:
11 This bill:
12 ▸ makes technical cross reference changes to provisions related to juveniles that are
13 amended in H.B. 248, Juvenile Amendments; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a special effective date.
19 This bill provides revisor instructions.
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-913, as last amended by Laws of Utah 2021, Chapter 29
23 17-16-21, as last amended by Laws of Utah 2021, Chapter 91
24 17-22-2, as last amended by Laws of Utah 2021, Chapter 29
25 26-2-12.5, as last amended by Laws of Utah 2010, Chapter 278
26 26-6-27, as last amended by Laws of Utah 2021, Chapter 345
27 26-8a-310, as last amended by Laws of Utah 2021, Chapters 237 and 262
28 26-21-204, as last amended by Laws of Utah 2021, Chapter 262
29 26-39-402, as last amended by Laws of Utah 2018, Chapter 415
30 30-3-5.2, as last amended by Laws of Utah 2014, Chapter 267
31 30-3-38, as last amended by Laws of Utah 2012, Chapter 347
32 30-5-2, as last amended by Laws of Utah 2020, Chapter 48
33 30-5a-103, as last amended by Laws of Utah 2021, Chapter 262
34 35A-8-901, as renumbered and amended by Laws of Utah 2012, Chapter 212
35 41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
36 52-4-205, as last amended by Laws of Utah 2021, Chapters 179 and 231
37 53-13-110, as last amended by Laws of Utah 2014, Chapter 189
38 53B-8d-102, as last amended by Laws of Utah 2021, Chapters 187 and 262
39 53B-28-202, as enacted by Laws of Utah 2017, Chapter 188
40 53B-28-303, as enacted by Laws of Utah 2019, Chapter 307
41 53E-3-513, as last amended by Laws of Utah 2021, Chapter 262
42 53E-6-701, as last amended by Laws of Utah 2019, Chapter 186
43 53E-9-203, as last amended by Laws of Utah 2020, Chapter 202
44 53E-9-308, as last amended by Laws of Utah 2019, Chapters 175 and 186
45 53G-6-208, as last amended by Laws of Utah 2021, Chapters 262 and 359 and further
46 amended by Revisor Instructions, Laws of Utah 2021, Chapter 359
47 53G-6-302, as last amended by Laws of Utah 2020, Chapter 408
48 53G-6-707, as last amended by Laws of Utah 2019, Chapters 189, 293, and 324
49 53G-8-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
50 53G-9-203, as last amended by Laws of Utah 2019, Chapters 293 and 349
51 53G-9-207, as last amended by Laws of Utah 2019, Chapters 179 and 293
52 53G-9-209, as last amended by Laws of Utah 2021, Chapter 262
53 58-60-114, as last amended by Laws of Utah 2021, Chapter 283
54 58-60-509, as last amended by Laws of Utah 2011, Chapter 366
55 58-61-713, as last amended by Laws of Utah 2021, Chapter 283
56 59-10-1104, as last amended by Laws of Utah 2013, Chapter 414
57 62A-1-118, as last amended by Laws of Utah 2019, Chapter 335
58 62A-2-117.5, as last amended by Laws of Utah 2021, Chapter 262
59 62A-2-120, as last amended by Laws of Utah 2021, Chapters 117, 262, and 400
60 62A-2-121, as last amended by Laws of Utah 2021, Chapter 262
61 62A-3-305, as last amended by Laws of Utah 2021, Chapter 419
62 62A-11-304.4, as last amended by Laws of Utah 2008, Chapters 3 and 382
63 62A-16-102, as last amended by Laws of Utah 2021, Chapter 231
64 62A-18-105, as enacted by Laws of Utah 2019, Chapter 139
65 63A-17-902, as last amended by Laws of Utah 2021, Chapter 262 and renumbered and
66 amended by Laws of Utah 2021, Chapter 344
67 63G-2-305, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
68 and 382
69 63I-1-262, as last amended by Laws of Utah 2021, Chapters 29 and 91
70 63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
71 67-5-16, as last amended by Laws of Utah 2013, Chapter 171
72 76-5-109, as last amended by Laws of Utah 2017, Chapter 388
73 76-5-701, as enacted by Laws of Utah 2019, Chapter 398
74 76-5-703, as enacted by Laws of Utah 2019, Chapter 398
75 76-7-302, as last amended by Laws of Utah 2019, Chapters 189 and 208
76 76-8-318, as enacted by Laws of Utah 2019, Chapter 478
77 76-8-418, as last amended by Laws of Utah 2021, Chapter 261
78 76-10-1315, as last amended by Laws of Utah 2021, Chapter 262
79 77-36-5, as last amended by Laws of Utah 2021, Chapter 159
80 77-37-4, as last amended by Laws of Utah 2018, Chapter 415
81 77-38-204, as last amended by Laws of Utah 2017, Chapter 188
82 78A-2-704, as renumbered and amended by Laws of Utah 2014, Chapter 267
83 78A-6-102, as last amended by Laws of Utah 2021, Chapter 261
84 78A-6-103, as last amended by Laws of Utah 2021, Chapter 261
85 78A-6-104, as repealed and reenacted by Laws of Utah 2021, Chapter 261
86 78A-6-209, as last amended by Laws of Utah 2021, Chapter 261
87 78A-6-450, as renumbered and amended by Laws of Utah 2021, Chapter 261
88 78B-3-502, as last amended by Laws of Utah 2009, Chapter 146
89 78B-6-103, as last amended by Laws of Utah 2017, Chapters 110, 280, and 417
90 78B-6-107, as last amended by Laws of Utah 2019, Chapter 491
91 78B-6-124, as last amended by Laws of Utah 2019, Chapter 354
92 78B-6-128, as last amended by Laws of Utah 2019, Chapter 491
93 78B-6-131, as last amended by Laws of Utah 2021, Chapter 262
94 78B-6-207, as last amended by Laws of Utah 2021, Chapter 262
95 78B-6-208, as renumbered and amended by Laws of Utah 2008, Chapter 3
96 78B-10-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
97 80-3-107, as enacted by Laws of Utah 2021, Chapter 261 and last amended by
98 Coordination Clause, Laws of Utah 2021, Chapter 231
99 80-3-204, as renumbered and amended by Laws of Utah 2021, Chapter 261
100 80-3-303, as renumbered and amended by Laws of Utah 2021, Chapter 261
101 80-3-405, as enacted by Laws of Utah 2021, Chapter 261
102 80-3-407, as renumbered and amended by Laws of Utah 2021, Chapter 261
103 80-3-409, as renumbered and amended by Laws of Utah 2021, Chapter 261
104 80-4-102, as renumbered and amended by Laws of Utah 2021, Chapter 261
105 80-4-203, as renumbered and amended by Laws of Utah 2021, Chapter 261
106 80-4-301, as renumbered and amended by Laws of Utah 2021, Chapter 261
107 80-6-201, as renumbered and amended by Laws of Utah 2021, Chapter 261
108 80-6-202, as renumbered and amended by Laws of Utah 2021, Chapter 261
109 80-6-206, as enacted by Laws of Utah 2021, Chapter 261 and last amended by
110 Coordination Clause, Laws of Utah 2021, Chapter 261
111 ENACTS:
112 63I-1-280, Utah Code Annotated 1953
113
114 Be it enacted by the Legislature of the state of Utah:
115 Section 1. Section 10-3-913 is amended to read:
116 10-3-913. Authority of chief of police -- Oversight.
117 (1) The chief of police has the same authority as the sheriff within the boundaries of
118 the municipality of appointment. The chief has authority to:
119 (a) suppress riots, disturbances, and breaches of the peace;
120 (b) apprehend all persons violating state laws or city ordinances;
121 (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
122 peace, good order, and protection of the rights and property of all persons;
123 (d) attend the municipal justice court located within the city when required, provide
124 security for the court, and obey its orders and directions; and
125 (e) select a representative of law enforcement to serve as a member of a child
126 protection team, as defined in Section [
127 (2) This section is not a limitation of a police chief's statewide authority as otherwise
128 provided by law.
129 (3) The chief of police shall adopt a written policy that prohibits the stopping,
130 detention, or search of any person when the action is solely motivated by considerations of
131 race, color, ethnicity, age, or gender.
132 (4) (a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not
133 establish a board, committee, or other entity that:
134 (i) has authority independent of the chief of police; and
135 (ii) (A) has authority to overrule a hiring or appointment proposal of the chief of
136 police;
137 (B) is required to review or approve a police department's rules, regulations, policies,
138 or procedures in order for the rules, regulations, policies, or procedures to take effect;
139 (C) has authority to veto a new policy, or strike down an existing policy, established
140 under the authority of the chief of police;
141 (D) is required to review or approve a police department's budget in order for the
142 budget to take effect; or
143 (E) has authority to review or approve a contract the police department makes with a
144 police union or other organization.
145 (b) Nothing in this Subsection (4):
146 (i) limits the authority the Utah Code provides over the chief of police;
147 (ii) prohibits the municipal council or chief executive officer from taking a lawful
148 action described in Subsection (4)(a)(ii) that is allowed by law; or
149 (iii) limits the authority of a civil service commission established in accordance with
150 Title 10, Chapter 3, Part 10, Civil Service Commission.
151 (5) Subject to Subsection (4), a municipality may establish a board, committee, or other
152 entity that relates to the provision of law enforcement services and that has authority
153 independent of the chief of police if the municipality:
154 (a) directly appoints the board, committee, or other entity's members; and
155 (b) provides direct oversight of the board, committee, or other entity.
156 Section 2. Section 17-16-21 is amended to read:
157 17-16-21. Fees of county officers.
158 (1) As used in this section, "county officer" means a county officer enumerated in
159 Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
160 (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
161 (i) a fee established by the county legislative body under Section 17-53-211; and
162 (ii) any other fee authorized or required by law.
163 (b) As long as the Children's Legal Defense Account is authorized by Section
164 51-9-408, the county clerk shall:
165 (i) assess $10 in addition to whatever fee for a marriage license is established under
166 authority of this section; and
167 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
168 in the Children's Legal Defense Account.
169 (c) (i) As long as the Division of Child and Family Services, created in Section
170 [
171 services, including temporary shelter, for victims of domestic violence, the county clerk shall:
172 (A) collect $10 in addition to whatever fee for a marriage license is established under
173 authority of this section and in addition to the amount described in Subsection (2)(b), if an
174 applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
175 (B) to the extent actually paid, transmit $10 from each marriage license fee to the
176 Division of Finance for distribution to the Division of Child and Family Services for the
177 operation of shelters for victims of domestic violence.
178 (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
179 to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
180 (B) An applicant for a marriage license may choose not to pay the additional $10
181 referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
182 marriage license.
183 (d) If a county operates an online marriage application system, the county clerk of that
184 county:
185 (i) may assess $20 in addition to the other fees for a marriage license established under
186 this section;
187 (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
188 license fee to the state treasurer for deposit annually as follows:
189 (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in Title
190 63M, Chapter 15, Utah Marriage Commission, as dedicated credits for the operation of the
191 Utah Marriage Commission; and
192 (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
193 (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
194 Subsection (2)(d) if both individuals seeking the marriage license certify that they have
195 completed premarital counseling or education in accordance with Section 30-1-34.
196 (3) This section does not apply to a fee currently being assessed by the state but
197 collected by a county officer.
198 Section 3. Section 17-22-2 is amended to read:
199 17-22-2. Sheriff -- General duties.
200 (1) The sheriff shall:
201 (a) preserve the peace;
202 (b) make all lawful arrests;
203 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
204 required or when the court is held within his county, all courts of record, and court
205 commissioner and referee sessions held within his county, obey their lawful orders and
206 directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
207 Administration;
208 (d) upon request of the juvenile court, aid the court in maintaining order during
209 hearings and transport a minor to and from youth corrections facilities, other institutions, or
210 other designated places;
211 (e) attend county justice courts if the judge finds that the matter before the court
212 requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
213 custody, or for the custody of jurors;
214 (f) command the aid of as many inhabitants of his county as he considers necessary in
215 the execution of these duties;
216 (g) take charge of and keep the county jail and the jail prisoners;
217 (h) receive and safely keep all persons committed to his custody, file and preserve the
218 commitments of those persons, and record the name, age, place of birth, and description of
219 each person committed;
220 (i) release on the record all attachments of real property when the attachment he
221 receives has been released or discharged;
222 (j) endorse on all process and notices the year, month, day, hour, and minute of
223 reception, and, upon payment of fees, issue a certificate to the person delivering process or
224 notice showing the names of the parties, title of paper, and the time of receipt;
225 (k) serve all process and notices as prescribed by law;
226 (l) if he makes service of process or notice, certify on the process or notices the
227 manner, time, and place of service, or, if he fails to make service, certify the reason upon the
228 process or notice, and return them without delay;
229 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
230 land within his county;
231 (n) perform as required by any contracts between the county and private contractors for
232 management, maintenance, operation, and construction of county jails entered into under the
233 authority of Section 17-53-311;
234 (o) for the sheriff of a county of the second through sixth class that enters into an
235 interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
236 Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
237 (p) manage search and rescue services in his county;
238 (q) obtain saliva DNA specimens as required under Section 53-10-404;
239 (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
240 detention, or search of any person when the action is solely motivated by considerations of
241 race, color, ethnicity, age, or gender;
242 (s) as applicable, select a representative of law enforcement to serve as a member of a
243 child protection team, as defined in Section [
244 (t) perform any other duties that are required by law.
245 (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
246 subsection under Subsection (1) is a class A misdemeanor.
247 (3) (a) As used in this Subsection (3):
248 (i) "Police interlocal entity" has the same meaning as defined in Sections 17-30-3 and
249 17-30a-102.
250 (ii) "Police local district" has the same meaning as defined in Section 17-30-3.
251 (b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
252 which includes within its boundary a police local district or police interlocal entity, or both:
253 (i) serves as the chief executive officer of each police local district and police interlocal
254 entity within the county with respect to the provision of law enforcement service within the
255 boundary of the police local district or police interlocal entity, respectively; and
256 (ii) is subject to the direction of the police local district board of trustees or police
257 interlocal entity governing body, as the case may be, as and to the extent provided by
258 agreement between the police local district or police interlocal entity, respectively, and the
259 sheriff.
260 (c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
261 11-13-202(4), if a police interlocal entity or police local district enters an interlocal agreement
262 with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
263 service, the sheriff:
264 (i) does not serve as the chief executive officer of any interlocal entity created under
265 that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
266 executive officer; and
267 (ii) shall provide law enforcement service under that interlocal agreement as provided
268 in the agreement.
269 Section 4. Section 26-2-12.5 is amended to read:
270 26-2-12.5. Certified copies of birth certificates -- Fees credited to Children's
271 Account.
272 (1) In addition to the fees provided for in Section 26-1-6, the department and local
273 registrars authorized to issue certified copies shall charge an additional $3 fee for each certified
274 copy of a birth certificate, including certified copies of supplementary and amended birth
275 certificates, under Sections 26-2-8 through 26-2-11. This additional fee may be charged only
276 for the first copy requested at any one time.
277 (2) The fee shall be transmitted monthly to the state treasurer and credited to the
278 Children's Account established in Section [
279 Section 5. Section 26-6-27 is amended to read:
280 26-6-27. Information regarding communicable or reportable diseases
281 confidentiality -- Exceptions.
282 (1) Information collected pursuant to this chapter in the possession of the department
283 or local health departments relating to an individual who has or is suspected of having a disease
284 designated by the department as a communicable or reportable disease under this chapter shall
285 be held by the department and local health departments as strictly confidential. The department
286 and local health departments may not release or make public that information upon subpoena,
287 search warrant, discovery proceedings, or otherwise, except as provided by this section.
288 (2) The information described in Subsection (1) may be released by the department or
289 local health departments only in accordance with the requirements of this chapter and as
290 follows:
291 (a) specific medical or epidemiological information may be released with the written
292 consent of the individual identified in that information or, if that individual is deceased, his
293 next-of-kin;
294 (b) specific medical or epidemiological information may be released to medical
295 personnel or peace officers in a medical emergency, as determined by the department in
296 accordance with guidelines it has established, only to the extent necessary to protect the health
297 or life of the individual identified in the information, or of the attending medical personnel or
298 law enforcement or public safety officers;
299 (c) specific medical or epidemiological information may be released to authorized
300 personnel within the department, local health departments, public health authorities, official
301 health agencies in other states, the United States Public Health Service, the Centers for Disease
302 Control and Prevention (CDC), or when necessary to continue patient services or to undertake
303 public health efforts to interrupt the transmission of disease;
304 (d) if the individual identified in the information is under the age of 18, the information
305 may be released to the Division of Child and Family Services within the Department of Human
306 Services in accordance with Section [
307 a court proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses
308 Against the Person, the information shall be disclosed in camera and sealed by the court upon
309 conclusion of the proceedings;
310 (e) specific medical or epidemiological information may be released to authorized
311 personnel in the department or in local health departments, and to the courts, to carry out the
312 provisions of this title, and rules adopted by the department in accordance with this title;
313 (f) specific medical or epidemiological information may be released to blood banks,
314 organ and tissue banks, and similar institutions for the purpose of identifying individuals with
315 communicable diseases. The department may, by rule, designate the diseases about which
316 information may be disclosed under this subsection, and may choose to release the name of an
317 infected individual to those organizations without disclosing the specific disease;
318 (g) specific medical or epidemiological information may be released in such a way that
319 no individual is identifiable;
320 (h) specific medical or epidemiological information may be released to a "health care
321 provider" as defined in Section 78B-3-403, health care personnel, and public health personnel
322 who have a legitimate need to have access to the information in order to assist the patient, or to
323 protect the health of others closely associated with the patient;
324 (i) specific medical or epidemiological information regarding a health care provider, as
325 defined in Section 78B-3-403, may be released to the department, the appropriate local health
326 department, and the Division of Occupational and Professional Licensing within the
327 Department of Commerce, if the identified health care provider is endangering the safety or life
328 of any individual by his continued practice of health care;
329 (j) specific medical or epidemiological information may be released in accordance with
330 Section 26-6-31 if an individual is not identifiable; and
331 (k) specific medical or epidemiological information may be released to a state agency
332 as defined in Section 63A-17-901, to perform the analysis described in Subsection 26-6-32(4)
333 if the state agency agrees to act in accordance with the requirements in this chapter.
334 (3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
335 intended only to aid health care providers in their treatment and containment of infectious
336 disease.
337 Section 6. Section 26-8a-310 is amended to read:
338 26-8a-310. Background clearance for emergency medical service personnel.
339 (1) Subject to Section 26-8a-310.5, the department shall determine whether to grant
340 background clearance for an individual seeking licensure or certification under Section
341 26-8a-302 from whom the department receives:
342 (a) the individual's social security number, fingerprints, and other personal
343 identification information specified by the department under Subsection (4); and
344 (b) any fees established by the department under Subsection (10).
345 (2) The department shall determine whether to deny or revoke background clearance
346 for individuals for whom the department has previously granted background clearance.
347 (3) The department shall determine whether to grant, deny, or revoke background
348 clearance for an individual based on an initial and ongoing evaluation of information the
349 department obtains under Subsections (5) and (11), which, at a minimum, shall include an
350 initial criminal background check of state, regional, and national databases using the
351 individual's fingerprints.
352 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
353 Administrative Rulemaking Act, that specify:
354 (a) the criteria the department will use under Subsection (3) to determine whether to
355 grant, deny, or revoke background clearance; and
356 (b) the other personal identification information an individual seeking licensure or
357 certification under Section 26-8a-302 must submit under Subsection (1).
358 (5) To determine whether to grant, deny, or revoke background clearance, the
359 department may access and evaluate any of the following:
360 (a) Department of Public Safety arrest, conviction, and disposition records described in
361 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
362 information in state, regional, and national records files;
363 (b) adjudications by a juvenile court of committing an act that if committed by an adult
364 would be a felony or misdemeanor, if:
365 (i) the applicant is under 28 years old; or
366 (ii) the applicant:
367 (A) is over 28 years old; and
368 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
369 abeyance or diversion agreement for a felony or misdemeanor;
370 (c) juvenile court arrest, adjudication, and disposition records, other than those under
371 Subsection (5)(b), as allowed under Section 78A-6-209;
372 (d) child abuse or neglect findings described in Section 80-3-404;
373 (e) the Department of Human Services' Division of Child and Family Services
374 Licensing Information System described in Section [
375 (f) the Department of Human Services' Division of Aging and Adult Services database
376 of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 62A-3-311.1;
377 (g) Division of Occupational and Professional Licensing records of licensing and
378 certification under Title 58, Occupations and Professions;
379 (h) records in other federal criminal background databases available to the state; and
380 (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
381 pending diversion agreements, or dispositions.
382 (6) Except for the Department of Public Safety, an agency may not charge the
383 department for information accessed under Subsection (5).
384 (7) When evaluating information under Subsection (3), the department shall classify a
385 crime committed in another state according to the closest matching crime under Utah law,
386 regardless of how the crime is classified in the state where the crime was committed.
387 (8) The department shall adopt measures to protect the security of information the
388 department accesses under Subsection (5), which shall include limiting access by department
389 employees to those responsible for acquiring, evaluating, or otherwise processing the
390 information.
391 (9) The department may disclose personal identification information the department
392 receives under Subsection (1) to the Department of Human Services to verify that the subject of
393 the information is not identified as a perpetrator or offender in the information sources
394 described in Subsections (5)(d) through (f).
395 (10) The department may charge fees, in accordance with Section 63J-1-504, to pay
396 for:
397 (a) the cost of obtaining, storing, and evaluating information needed under Subsection
398 (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
399 background clearance; and
400 (b) other department costs related to granting, denying, or revoking background
401 clearance.
402 (11) The Criminal Investigations and Technical Services Division within the
403 Department of Public Safety shall:
404 (a) retain, separate from other division records, personal information under Subsection
405 (1), including any fingerprints sent to it by the Department of Health; and
406 (b) notify the Department of Health upon receiving notice that an individual for whom
407 personal information has been retained is the subject of:
408 (i) a warrant for arrest;
409 (ii) an arrest;
410 (iii) a conviction, including a plea in abeyance; or
411 (iv) a pending diversion agreement.
412 (12) The department shall use the Direct Access Clearance System database created
413 under Section 26-21-209 to manage information about the background clearance status of each
414 individual for whom the department is required to make a determination under Subsection (1).
415 (13) Clearance granted for an individual licensed or certified under Section 26-8a-302
416 is valid until two years after the day on which the individual is no longer licensed or certified in
417 Utah as emergency medical service personnel.
418 Section 7. Section 26-21-204 is amended to read:
419 26-21-204. Clearance.
420 (1) The department shall determine whether to grant clearance for each applicant for
421 whom it receives:
422 (a) the personal identification information specified by the department under
423 Subsection [
424 (b) any fees established by the department under Subsection [
425 (2) The department shall establish a procedure for obtaining and evaluating relevant
426 information concerning covered individuals, including fingerprinting the applicant and
427 submitting the prints to the Criminal Investigations and Technical Services Division of the
428 Department of Public Safety for checking against applicable state, regional, and national
429 criminal records files.
430 (3) The department may review the following sources to determine whether an
431 individual should be granted or retain clearance, which may include:
432 (a) Department of Public Safety arrest, conviction, and disposition records described in
433 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
434 information in state, regional, and national records files;
435 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
436 Section 78A-6-209;
437 (c) federal criminal background databases available to the state;
438 (d) the Department of Human Services' Division of Child and Family Services
439 Licensing Information System described in Section [
440 (e) child abuse or neglect findings described in Section 80-3-404;
441 (f) the Department of Human Services' Division of Aging and Adult Services
442 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
443 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
444 (h) licensing and certification records of individuals licensed or certified by the
445 Division of Occupational and Professional Licensing under Title 58, Occupations and
446 Professions; and
447 (i) the List of Excluded Individuals and Entities database maintained by the United
448 States Department of Health and Human Services' Office of Inspector General.
449 (4) The department shall adopt rules that:
450 (a) specify the criteria the department will use to determine whether an individual is
451 granted or retains clearance:
452 (i) based on an initial evaluation and ongoing review of information under Subsection
453 (3); and
454 (ii) including consideration of the relationship the following may have to patient and
455 resident protection:
456 (A) warrants for arrest;
457 (B) arrests;
458 (C) convictions, including pleas in abeyance;
459 (D) pending diversion agreements;
460 (E) adjudications by a juvenile court under Section 80-6-701 if the individual is over
461 28 years old and has been convicted, has pleaded no contest, or is subject to a plea in abeyance
462 or diversion agreement for a felony or misdemeanor, or the individual is under 28 years old;
463 and
464 (F) any other findings under Subsection (3); and
465 (b) specify the personal identification information that must be submitted by an
466 individual or covered body with an application for clearance, including:
467 (i) the applicant's Social Security number; and
468 (ii) fingerprints.
469 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
470 in another state according to the closest matching crime under Utah law, regardless of how the
471 crime is classified in the state where the crime was committed.
472 (6) The Department of Public Safety, the Administrative Office of the Courts, the
473 Department of Human Services, the Division of Occupational and Professional Licensing, and
474 any other state agency or political subdivision of the state:
475 (a) shall allow the department to review the information the department may review
476 under Subsection (3); and
477 (b) except for the Department of Public Safety, may not charge the department for
478 access to the information.
479 (7) The department shall adopt measures to protect the security of the information it
480 reviews under Subsection (3) and strictly limit access to the information to department
481 employees responsible for processing an application for clearance.
482 (8) The department may disclose personal identification information specified under
483 Subsection (4)(b) to the Department of Human Services to verify that the subject of the
484 information is not identified as a perpetrator or offender in the information sources described in
485 Subsections (3)(d) through (f).
486 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
487 application for clearance, which may include:
488 (a) the cost of obtaining and reviewing information under Subsection (3);
489 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
490 System database under Section 26-21-209; and
491 (c) other department costs related to the processing of the application and the ongoing
492 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
493 retained.
494 Section 8. Section 26-39-402 is amended to read:
495 26-39-402. Residential child care certificate.
496 (1) A residential child care provider of five to eight qualifying children shall obtain a
497 Residential Child Care Certificate from the department, unless Section 26-39-403 applies.
498 (2) The minimum qualifications for a Residential Child Care Certificate are:
499 (a) the submission of:
500 (i) an application in the form prescribed by the department;
501 (ii) a certification and criminal background fee established in accordance with Section
502 26-1-6; and
503 (iii) in accordance with Section 26-39-404, identifying information for each adult
504 person and each juvenile age 12 through 17 years of age who resides in the provider's home:
505 (A) for processing by the Department of Public Safety to determine whether any such
506 person has been convicted of a crime;
507 (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
508 and
509 (C) to discover whether the person is listed in the Licensing Information System
510 described in Section [
511 (b) an initial and annual inspection of the provider's home within 90 days of sending an
512 intent to inspect notice to:
513 (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
514 child who receives child care in the provider's home;
515 (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
516 (iii) make appropriate recommendations; and
517 (c) annual training consisting of 10 hours of department-approved training as specified
518 by the department by administrative rule, including a current department-approved CPR and
519 first aid course.
520 (3) If a serious sanitation, fire, or health hazard has been found during an inspection
521 conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
522 serious hazards found and make an unannounced follow up inspection to determine
523 compliance.
524 (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
525 department may inspect the home of a residential care provider of five to eight qualifying
526 children in response to a complaint of:
527 (a) child abuse or neglect;
528 (b) serious health hazards in or around the provider's home; or
529 (c) providing residential child care without the appropriate certificate or license.
530 (5) Notwithstanding this section:
531 (a) a license under Section 26-39-401 is required of a residential child care provider
532 who cares for nine or more qualifying children;
533 (b) a certified residential child care provider may not provide care to more than two
534 qualifying children under the age of two; and
535 (c) an inspection may be required of a residential child care provider in connection
536 with a federal child care program.
537 (6) With respect to residential child care, the department may only make and enforce
538 rules necessary to implement this section.
539 Section 9. Section 30-3-5.2 is amended to read:
540 30-3-5.2. Allegations of child abuse or child sexual abuse -- Investigation.
541 When, in any divorce proceeding or upon a request for modification of a divorce
542 decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the
543 court, after making an inquiry, may order that an investigation be conducted by the Division of
544 Child and Family Services within the Department of Human Services in accordance with [
545
546 Title 80, Chapter 2a, Removal and Protective Custody of a Child. A final award of custody or
547 parent-time may not be rendered until a report on that investigation, consistent with Section
548 [
549 Division of Child and Family Services within 30 days of the court's notice and request for an
550 investigation. In reviewing this report, the court shall comply with Sections 78A-2-703,
551 78A-2-705, and 78B-15-612.
552 Section 10. Section 30-3-38 is amended to read:
553 30-3-38. Expedited Parent-time Enforcement Program.
554 (1) There is established an Expedited Parent-time Enforcement Program in the third
555 judicial district to be administered by the Administrative Office of the Courts.
556 (2) As used in this section:
557 (a) "Mediator" means a person who:
558 (i) is qualified to mediate parent-time disputes under criteria established by the
559 Administrative Office of the Courts; and
560 (ii) agrees to follow billing guidelines established by the Administrative Office of the
561 Courts and this section.
562 (b) "Services to facilitate parent-time" or "services" means services designed to assist
563 families in resolving parent-time problems through:
564 (i) counseling;
565 (ii) supervised parent-time;
566 (iii) neutral drop-off and pick-up;
567 (iv) educational classes; and
568 (v) other related activities.
569 (3) (a) If a parent files a motion in the third district court alleging that court-ordered
570 parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
571 shall refer the case to the administrator of this program for assignment to a mediator, unless a
572 parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent
573 residing outside of the state is not unavailable. The director of the program for the courts, the
574 court, or the mediator may excuse either party from the requirement to mediate for good cause.
575 (b) Upon receipt of a case, the mediator shall:
576 (i) meet with the parents to address parent-time issues within 15 days of the motion
577 being filed;
578 (ii) assess the situation;
579 (iii) facilitate an agreement on parent-time between the parents; and
580 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
581 warranted.
582 (c) While a case is in mediation, a mediator may refer the parents to a service provider
583 designated by the Department of Human Services for services to facilitate parent-time if:
584 (i) the services may be of significant benefit to the parents; or
585 (ii) (A) a mediated agreement between the parents is unlikely; and
586 (B) the services may facilitate an agreement.
587 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
588 case to the administrator of the program for referral to the judge or court commissioner to
589 whom the case was assigned under Subsection (3)(a) if:
590 (i) a written agreement between the parents is reached; or
591 (ii) the parents are unable to reach an agreement through mediation and:
592 (A) the parents have received services to facilitate parent-time;
593 (B) both parents object to receiving services to facilitate parent-time; or
594 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
595 (e) Upon receiving a case from the administrator of the program, a judge or court
596 commissioner may:
597 (i) review the agreement of the parents and, if acceptable, sign it as an order;
598 (ii) order the parents to receive services to facilitate parent-time;
599 (iii) proceed with the case; or
600 (iv) take other appropriate action.
601 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
602 child who is the subject of a parent-time order against the other parent or a member of the other
603 parent's household to a mediator or service provider, the mediator or service provider shall
604 immediately report that information to:
605 (i) the judge assigned to the case who may immediately issue orders and take other
606 appropriate action to resolve the allegation and protect the child; and
607 (ii) the Division of Child and Family Services within the Department of Human
608 Services in the manner required by [
609
610 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
611 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
612 order of the court, be supervised until:
613 (i) the allegation has been resolved; or
614 (ii) a court orders otherwise.
615 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
616 mediate parent-time problems and a service provider may continue to provide services to
617 facilitate parent-time unless otherwise ordered by a court.
618 (5) (a) The Department of Human Services may contract with one or more entities in
619 accordance with Title 63G, Chapter 6a, Utah Procurement Code, to provide:
620 (i) services to facilitate parent-time;
621 (ii) case management services; and
622 (iii) administrative services.
623 (b) An entity who contracts with the Department of Human Services under Subsection
624 (5)(a) shall:
625 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
626 (ii) agree to follow billing guidelines established by the Department of Human Services
627 and this section.
628 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
629 (i) reduced to a sum certain;
630 (ii) divided equally between the parents; and
631 (iii) charged against each parent taking into account the ability of that parent to pay
632 under billing guidelines adopted in accordance with this section.
633 (b) A judge may order a parent to pay an amount in excess of that provided for in
634 Subsection (6)(a) if the parent:
635 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
636 or
637 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
638 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
639 parents at periodic intervals.
640 (ii) Mediation and services to facilitate parent-time may only be terminated on the
641 ground of nonpayment if both parents are delinquent.
642 (7) (a) The Judicial Council may make rules to implement and administer the
643 provisions of this program related to mediation.
644 (b) The Department of Human Services may make rules to implement and administer
645 the provisions of this program related to services to facilitate parent-time.
646 (8) (a) The Administrative Office of the Courts shall adopt outcome measures to
647 evaluate the effectiveness of the mediation component of this program. Progress reports shall
648 be provided to the Judiciary Interim Committee as requested by the committee.
649 (b) The Department of Human Services shall adopt outcome measures to evaluate the
650 effectiveness of the services component of this program. Progress reports shall be provided to
651 the Judiciary Interim Committee as requested by the committee.
652 (c) The Administrative Office of the Courts and the Department of Human Services
653 may adopt joint outcome measures and file joint reports to satisfy the requirements of
654 Subsections (7)(a) and (b).
655 (9) The Department of Human Services shall, by following the procedures and
656 requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, apply for federal funds as
657 available.
658 Section 11. Section 30-5-2 is amended to read:
659 30-5-2. Visitation rights of grandparents.
660 (1) In accordance with the provisions and requirements of this section:
661 (a) a grandparent has standing to bring an action requesting visitation in district court
662 by petition; and
663 (b) a grandparent may file a petition for visitation rights in the juvenile court or district
664 court where a divorce proceeding or other proceeding involving custody and visitation issues is
665 pending.
666 (2) (a) In accordance with Section [
667 this state that a parent retains the fundamental right and duty to exercise primary control over
668 the care, supervision, upbringing, and education of the parent's children.
669 (b) A court shall presume that a parent's decision in regard to grandparent visitation is
670 in the best interest of the parent's child.
671 (3) A court may find the presumption in Subsection (2)(b) rebutted if the grandparent,
672 by clear and convincing evidence, establishes that:
673 (a) the grandparent has filled the role of custodian or caregiver to the grandchild that:
674 (i) is in a manner akin to a parent; and
675 (ii) the loss of the relationship between the grandparent and the grandchild would cause
676 substantial harm to the grandchild; or
677 (b) both parents are unfit or incompetent in a manner that causes potential harm to the
678 grandchild.
679 (4) (a) If the court finds the presumption in Subsection (2)(b) is rebutted, the court may
680 consider whether grandparent visitation is in the best interest of the grandchild.
681 (b) If the court considers whether grandparent visitation is in the best interest of the
682 child, the court shall take into account the totality of the circumstances, including:
683 (i) the reasonableness of the parent's decision to deny grandparent visitation;
684 (ii) the age of the grandchild;
685 (iii) the death or unavailability of a parent; and
686 (iv) if the grandchild is 14 years old or older, the grandchild's desires regarding
687 visitation after the court inquires of the grandchild.
688 (5) If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent
689 visitation is in the best interest of the grandchild, the court may issue an order for grandparent
690 visitation.
691 (6) The adoption of a grandchild by the grandchild's stepparent does not diminish or
692 alter visitation rights previously ordered under this section.
693 (7) On the petition of a grandparent or the legal custodian of a grandchild the court
694 may, after a hearing, modify an order regarding grandparent visitation if:
695 (a) the circumstances of the grandchild, the grandparent, or the custodian have
696 materially and substantially changed since the entry of the order to be modified, or the order
697 has become unworkable or inappropriate under existing circumstances; and
698 (b) the court determines that a modification is appropriate based upon the factors set
699 forth in Subsections (3) and (4).
700 (8) A grandparent may petition the court to remedy a parent's wrongful noncompliance
701 with a visitation order.
702 Section 12. Section 30-5a-103 is amended to read:
703 30-5a-103. Custody and visitation for individuals other than a parent.
704 (1) (a) In accordance with Section [
705 this state that a parent retain the fundamental right and duty to exercise primary control over
706 the care, supervision, upbringing, and education of the parent's children.
707 (b) There is a rebuttable presumption that a parent's decisions are in the child's best
708 interests.
709 (2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
710 visitation rights to an individual other than a parent who, by clear and convincing evidence,
711 establishes that:
712 (a) the individual has intentionally assumed the role and obligations of a parent;
713 (b) the individual and the child have formed a substantial emotional bond and created a
714 parent-child type relationship;
715 (c) the individual substantially contributed emotionally or financially to the child's well
716 being;
717 (d) the assumption of the parental role is not the result of a financially compensated
718 surrogate care arrangement;
719 (e) the continuation of the relationship between the individual and the child is in the
720 child's best interest;
721 (f) the loss or cessation of the relationship between the individual and the child would
722 substantially harm the child; and
723 (g) the parent:
724 (i) is absent; or
725 (ii) is found by a court to have abused or neglected the child.
726 (3) A proceeding under this chapter may be commenced by filing a verified petition, or
727 petition supported by an affidavit, in the juvenile court if a matter is pending, or in the district
728 court in the county where the child:
729 (a) currently resides; or
730 (b) lived with a parent or an individual other than a parent who acted as a parent within
731 six months before the commencement of the action.
732 (4) A proceeding under this chapter may be filed in a pending divorce, parentage
733 action, or other proceeding, including a proceeding in the juvenile court involving custody of or
734 visitation with a child.
735 (5) The petition shall include detailed facts supporting the petitioner's right to file the
736 petition including the criteria set forth in Subsection (2) and residency information as set forth
737 in Section 78B-13-209.
738 (6) A proceeding under this chapter may not be filed against a parent who is actively
739 serving outside the state in any branch of the military.
740 (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
741 the rules of civil procedure on all of the following:
742 (a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
743 (b) any individual who has court-ordered custody or visitation rights;
744 (c) the child's guardian;
745 (d) the guardian ad litem, if one has been appointed;
746 (e) an individual or agency that has physical custody of the child or that claims to have
747 custody or visitation rights; and
748 (f) any other individual or agency that has previously appeared in any action regarding
749 custody of or visitation with the child.
750 (8) The court may order a custody evaluation to be conducted in any action brought
751 under this chapter.
752 (9) The court may enter temporary orders in an action brought under this chapter
753 pending the entry of final orders.
754 (10) Except as provided in Subsection (11), a court may not grant custody of a child
755 under this section to an individual who is not the parent of the child and who, before a custody
756 order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony
757 involving conduct that constitutes any of the following:
758 (a) child abuse, as described in Section 76-5-109;
759 (b) child abuse homicide, as described in Section 76-5-208;
760 (c) child kidnapping, as described in Section 76-5-301.1;
761 (d) human trafficking of a child, as described in Section 76-5-308.5;
762 (e) sexual abuse of a minor, as described in Section 76-5-401.1;
763 (f) rape of a child, as described in Section 76-5-402.1;
764 (g) object rape of a child, as described in Section 76-5-402.3;
765 (h) sodomy on a child, as described in Section 76-5-403.1;
766 (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
767 Section 76-5-404.1;
768 (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
769 (k) an offense in another state that, if committed in this state, would constitute an
770 offense described in this Subsection (10).
771 (11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
772 listed in Subsection (10) that prevents a court from granting custody except as provided in this
773 Subsection (11).
774 (b) An individual described in Subsection (10) may only be considered for custody of a
775 child if the following criteria are met by clear and convincing evidence:
776 (i) the individual is a relative, as defined in Section 80-3-102, of the child;
777 (ii) at least 10 years have elapsed from the day on which the individual is successfully
778 released from prison, jail, parole, or probation related to a disqualifying offense;
779 (iii) during the 10 years before the day on which the individual files a petition with the
780 court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
781 an offense greater than an infraction or traffic violation that would likely impact the health,
782 safety, or well-being of the child;
783 (iv) the individual can provide evidence of successful treatment or rehabilitation
784 directly related to the disqualifying offense;
785 (v) the court determines that the risk related to the disqualifying offense is unlikely to
786 cause harm, as defined in Section 80-1-102, or potential harm to the child currently or at any
787 time in the future when considering all of the following:
788 (A) the child's age;
789 (B) the child's gender;
790 (C) the child's development;
791 (D) the nature and seriousness of the disqualifying offense;
792 (E) the preferences of a child 12 years old or older;
793 (F) any available assessments, including custody evaluations, parenting assessments,
794 psychological or mental health assessments, and bonding assessments; and
795 (G) any other relevant information;
796 (vi) the individual can provide evidence of the following:
797 (A) the relationship with the child is of long duration;
798 (B) that an emotional bond exists with the child; and
799 (C) that custody by the individual who has committed the disqualifying offense ensures
800 the best interests of the child are met;
801 (vii) (A) there is no other responsible relative known to the court who has or likely
802 could develop an emotional bond with the child and does not have a disqualifying offense; or
803 (B) if there is a responsible relative known to the court that does not have a
804 disqualifying offense, Subsection (11)(d) applies; and
805 (viii) that the continuation of the relationship between the individual with the
806 disqualifying offense and the child could not be sufficiently maintained through any type of
807 visitation if custody were given to the relative with no disqualifying offense described in
808 Subsection (11)(d).
809 (c) The individual with the disqualifying offense bears the burden of proof regarding
810 why placement with that individual is in the best interest of the child over another responsible
811 relative or equally situated individual who does not have a disqualifying offense.
812 (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
813 to the court who does not have a disqualifying offense:
814 (i) preference for custody is given to a relative who does not have a disqualifying
815 offense; and
816 (ii) before the court may place custody with the individual who has the disqualifying
817 offense over another responsible, willing, and able relative:
818 (A) an impartial custody evaluation shall be completed; and
819 (B) a guardian ad litem shall be assigned.
820 (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
821 final decision on custody has not been made and to a case filed on or after March 25, 2017.
822 Section 13. Section 35A-8-901 is amended to read:
823 35A-8-901. Assistance to domestic violence shelters -- Rulemaking authority.
824 (1) (a) The Division of Child and Family Services within the Department of Human
825 Services has statutory responsibility to provide violence services, including temporary shelter,
826 to victims of domestic violence under the provisions of Sections [
827 [
828 (b) The division may assist the Division of Child and Family Services by providing for
829 the development, construction, and improvement of shelters for victims of domestic violence,
830 as described in Section 77-36-1, through loans and grants to nonprofit and governmental
831 entities.
832 (2) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
833 Rulemaking Act, make rules establishing:
834 (a) procedures for applying for loans and grants;
835 (b) criteria for awarding loans and grants; and
836 (c) requirements for the repayment of loans.
837 (3) The division may appoint an advisory panel to:
838 (a) assist the division in developing rules under Subsection (2); and
839 (b) recommend how available funds should be disbursed.
840 (4) The division shall make loans and grants with money specifically appropriated for
841 that purpose.
842 (5) The division shall coordinate with the Division of Child and Family Services in
843 complying with the provisions of this section.
844 Section 14. Section 41-1a-422 is amended to read:
845 41-1a-422. Support special group license plates -- Contributor -- Voluntary
846 contribution collection procedures.
847 (1) As used in this section:
848 (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
849 donated or in whose name at least $25 has been donated to:
850 (A) a scholastic scholarship fund of a single named institution;
851 (B) the Department of Veterans and Military Affairs for veterans programs;
852 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
853 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
854 access, and management of wildlife habitat;
855 (D) the Department of Agriculture and Food for the benefit of conservation districts;
856 (E) the Division of Recreation for the benefit of snowmobile programs;
857 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
858 the donation evenly divided between the two;
859 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
860 council as specified by the contributor;
861 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
862 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
863 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
864 development programs;
865 (J) the Utah Association of Public School Foundations to support public education;
866 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
867 assist people who have severe housing needs;
868 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
869 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
870 Safety employees;
871 (M) the Division of State Parks for distribution to organizations that provide support
872 for Zion National Park;
873 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
874 firefighter organizations;
875 (O) the Share the Road Bicycle Support Restricted Account created in Section
876 72-2-127 to support bicycle operation and safety awareness programs;
877 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
878 cancer research programs;
879 (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
880 autism awareness programs;
881 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
882 created in Section 9-17-102 to support humanitarian service and educational and cultural
883 programs;
884 (S) Upon renewal of a prostate cancer support special group license plate, to the
885 Cancer Research Restricted Account created in Section 26-21a-302 to support cancer research
886 programs;
887 (T) the Choose Life Adoption Support Restricted Account created in Section
888 [
889 (U) the National Professional Men's Basketball Team Support of Women and Children
890 Issues Restricted Account created in Section 62A-1-202;
891 (V) the Utah Law Enforcement Memorial Support Restricted Account created in
892 Section 53-1-120;
893 (W) the Children with Cancer Support Restricted Account created in Section
894 26-21a-304 for programs that provide assistance to children with cancer;
895 (X) the National Professional Men's Soccer Team Support of Building Communities
896 Restricted Account created in Section 9-19-102;
897 (Y) the Children with Heart Disease Support Restricted Account created in Section
898 26-58-102;
899 (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
900 and Leadership Restricted Account created in Section 4-42-102;
901 (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
902 Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
903 operation and maintenance of existing, state-owned firearm shooting ranges;
904 (BB) the Utah State Historical Society to further the mission and purpose of the Utah
905 State Historical Society;
906 (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
907 72-2-130;
908 (DD) the Transportation of Veterans to Memorials Support Restricted Account created
909 in Section 71-14-102;
910 (EE) clean air support causes, with half of the donation deposited into the Clean Air
911 Support Restricted Account created in Section 19-1-109, and half of the donation deposited
912 into the Clean Air Fund created in Section 59-10-1319;
913 (FF) the Latino Community Support Restricted Account created in Section 13-1-16;
914 (GG) the Allyson Gamble Organ Donation Contribution Fund created in Section
915 26-18b-101; or
916 (HH) public education on behalf of the Kiwanis International clubs, with the amount of
917 the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
918 special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
919 Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
920 deposited into the Education Fund.
921 (ii) (A) For a veterans special group license plate described in Subsection
922 41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
923 name at least a $25 donation at the time of application and $10 annual donation thereafter has
924 been made.
925 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
926 person who:
927 (I) has donated or in whose name at least $30 has been donated at the time of
928 application and annually after the time of application; and
929 (II) is a member of a trade organization for real estate licensees that has more than
930 15,000 Utah members.
931 (C) For an Honoring Heroes special group license plate, "contributor" means a person
932 who has donated or in whose name at least $35 has been donated at the time of application and
933 annually thereafter.
934 (D) For a firefighter support special group license plate, "contributor" means a person
935 who:
936 (I) has donated or in whose name at least $15 has been donated at the time of
937 application and annually after the time of application; and
938 (II) is a currently employed, volunteer, or retired firefighter.
939 (E) For a cancer research special group license plate, "contributor" means a person who
940 has donated or in whose name at least $35 has been donated at the time of application and
941 annually after the time of application.
942 (F) For a Utah Law Enforcement Memorial Support special group license plate,
943 "contributor" means a person who has donated or in whose name at least $35 has been donated
944 at the time of application and annually thereafter.
945 (b) "Institution" means a state institution of higher education as defined under Section
946 53B-3-102 or a private institution of higher education in the state accredited by a regional or
947 national accrediting agency recognized by the United States Department of Education.
948 (2) (a) An applicant for original or renewal collegiate special group license plates under
949 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
950 present the original contribution verification form under Subsection (2)(b) or make a
951 contribution to the division at the time of application under Subsection (3).
952 (b) An institution with a support special group license plate shall issue to a contributor
953 a verification form designed by the commission containing:
954 (i) the name of the contributor;
955 (ii) the institution to which a donation was made;
956 (iii) the date of the donation; and
957 (iv) an attestation that the donation was for a scholastic scholarship.
958 (c) The state auditor may audit each institution to verify that the money collected by the
959 institutions from contributors is used for scholastic scholarships.
960 (d) After an applicant has been issued collegiate license plates or renewal decals, the
961 commission shall charge the institution whose plate was issued, a fee determined in accordance
962 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
963 renewing the collegiate license plates.
964 (e) If the contribution is made at the time of application, the contribution shall be
965 collected, treated, and deposited as provided under Subsection (3).
966 (3) (a) An applicant for original or renewal support special group license plates under
967 this section must be a contributor to the sponsoring organization associated with the license
968 plate.
969 (b) This contribution shall be:
970 (i) unless collected by the named institution under Subsection (2), collected by the
971 division;
972 (ii) considered a voluntary contribution for the funding of the activities specified under
973 this section and not a motor vehicle registration fee;
974 (iii) deposited into the appropriate account less actual administrative costs associated
975 with issuing the license plates; and
976 (iv) for a firefighter special group license plate, deposited into the appropriate account
977 less:
978 (A) the costs of reordering firefighter special group license plate decals; and
979 (B) the costs of replacing recognition special group license plates with new license
980 plates under Subsection 41-1a-1211(13).
981 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
982 registration or renewal of registration.
983 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
984 the division when issuing original:
985 (i) snowmobile license plates; or
986 (ii) conservation license plates.
987 (4) Veterans license plates shall display one of the symbols representing the Army,
988 Navy, Air Force, Marines, Coast Guard, or American Legion.
989 Section 15. Section 52-4-205 is amended to read:
990 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
991 meetings.
992 (1) A closed meeting described under Section 52-4-204 may only be held for:
993 (a) except as provided in Subsection (3), discussion of the character, professional
994 competence, or physical or mental health of an individual;
995 (b) strategy sessions to discuss collective bargaining;
996 (c) strategy sessions to discuss pending or reasonably imminent litigation;
997 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
998 including any form of a water right or water shares, if public discussion of the transaction
999 would:
1000 (i) disclose the appraisal or estimated value of the property under consideration; or
1001 (ii) prevent the public body from completing the transaction on the best possible terms;
1002 (e) strategy sessions to discuss the sale of real property, including any form of a water
1003 right or water shares, if:
1004 (i) public discussion of the transaction would:
1005 (A) disclose the appraisal or estimated value of the property under consideration; or
1006 (B) prevent the public body from completing the transaction on the best possible terms;
1007 (ii) the public body previously gave public notice that the property would be offered for
1008 sale; and
1009 (iii) the terms of the sale are publicly disclosed before the public body approves the
1010 sale;
1011 (f) discussion regarding deployment of security personnel, devices, or systems;
1012 (g) investigative proceedings regarding allegations of criminal misconduct;
1013 (h) as relates to the Independent Legislative Ethics Commission, conducting business
1014 relating to the receipt or review of ethics complaints;
1015 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
1016 Subsection 52-4-204(1)(a)(iii)(C);
1017 (j) as relates to the Independent Executive Branch Ethics Commission created in
1018 Section 63A-14-202, conducting business relating to an ethics complaint;
1019 (k) as relates to a county legislative body, discussing commercial information as
1020 defined in Section 59-1-404;
1021 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
1022 board of directors, discussing fiduciary or commercial information as defined in Section
1023 53B-12-102;
1024 (m) deliberations, not including any information gathering activities, of a public body
1025 acting in the capacity of:
1026 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
1027 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
1028 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
1029 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
1030 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
1031 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
1032 Procurement Appeals Board;
1033 (n) the purpose of considering information that is designated as a trade secret, as
1034 defined in Section 13-24-2, if the public body's consideration of the information is necessary in
1035 order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
1036 (o) the purpose of discussing information provided to the public body during the
1037 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
1038 the meeting:
1039 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
1040 disclosed to a member of the public or to a participant in the procurement process; and
1041 (ii) the public body needs to review or discuss the information in order to properly
1042 fulfill its role and responsibilities in the procurement process;
1043 (p) as relates to the governing board of a governmental nonprofit corporation, as that
1044 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
1045 as a trade secret, as that term is defined in Section 13-24-2, if:
1046 (i) public knowledge of the discussion would reasonably be expected to result in injury
1047 to the owner of the trade secret; and
1048 (ii) discussion of the information is necessary for the governing board to properly
1049 discharge the board's duties and conduct the board's business; or
1050 (q) a purpose for which a meeting is required to be closed under Subsection (2).
1051 (2) The following meetings shall be closed:
1052 (a) a meeting of the Health and Human Services Interim Committee to review a report
1053 described in Subsection 62A-16-301(1)(a), and the responses to the report described in
1054 Subsections 62A-16-301(2) and (4);
1055 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
1056 (i) review a report described in Subsection 62A-16-301(1)(a), and the responses to the
1057 report described in Subsections 62A-16-301(2) and (4); or
1058 (ii) review and discuss an individual case, as described in Subsection [
1059 36-33-103(2);
1060 (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
1061 Section 26-7-13, to review and discuss an individual case, as described in Subsection
1062 26-7-13(10);
1063 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
1064 purpose of advising the Natural Resource Conservation Service of the United States
1065 Department of Agriculture on a farm improvement project if the discussed information is
1066 protected information under federal law;
1067 (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for
1068 the purpose of reviewing petitions for a medical cannabis card in accordance with Section
1069 26-61a-105; and
1070 (f) a meeting of the Colorado River Authority of Utah if:
1071 (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
1072 the Colorado River system; and
1073 (ii) failing to close the meeting would:
1074 (A) reveal the contents of a record classified as protected under Subsection
1075 63G-2-305(82);
1076 (B) reveal a legal strategy relating to the state's claim to the use of the water in the
1077 Colorado River system;
1078 (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
1079 negotiate the best terms and conditions regarding the use of water in the Colorado River
1080 system; or
1081 (D) give an advantage to another state or to the federal government in negotiations
1082 regarding the use of water in the Colorado River system.
1083 (3) In a closed meeting, a public body may not:
1084 (a) interview a person applying to fill an elected position;
1085 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
1086 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
1087 or
1088 (c) discuss the character, professional competence, or physical or mental health of the
1089 person whose name was submitted for consideration to fill a midterm vacancy or temporary
1090 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
1091 Temporary Absence in Elected Office.
1092 Section 16. Section 53-13-110 is amended to read:
1093 53-13-110. Duties to investigate specified instances of abuse or neglect.
1094 In accordance with the requirements of Section [
1095 enforcement officers shall investigate alleged instances of abuse or neglect of a child that occur
1096 while the child is in the custody of the Division of Child and Family Services, within the
1097 Department of Human Services.
1098 Section 17. Section 53B-8d-102 is amended to read:
1099 53B-8d-102. Definitions.
1100 As used in this chapter:
1101 (1) "Division" means the Division of Child and Family Services.
1102 (2) "Long-term foster care" means an individual who remains in the custody of the
1103 division, whether or not the individual resides:
1104 (a) with licensed foster parents; or
1105 (b) in independent living arrangements under the supervision of the division.
1106 (3) "State institution of higher education" means an institution described in Section
1107 53B-1-102.
1108 (4) "Tuition" means tuition at the rate for residents of the state.
1109 (5) "Ward of the state" means an individual:
1110 (a) who is:
1111 (i) at least 17 years old; and
1112 (ii) not older than 26 years old;
1113 (b) who had a permanency goal in the individual's child and family plan, as described
1114 in Sections [
1115 of the division; and
1116 (c) for whom the custody of the division was not terminated as a result of adoption.
1117 Section 18. Section 53B-28-202 is amended to read:
1118 53B-28-202. Confidentiality of information -- Disclosure of confidential
1119 communication.
1120 (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2,
1121 Government Records Access and Management Act, a person may not disclose a confidential
1122 communication.
1123 (2) A person may disclose a confidential communication if:
1124 (a) the victim gives written and informed consent to the disclosure;
1125 (b) the person has an obligation to disclose the confidential communication under
1126 Section 62A-3-305, [
1127 (c) the disclosure is required by federal law; or
1128 (d) a court of competent jurisdiction orders the disclosure.
1129 Section 19. Section 53B-28-303 is amended to read:
1130 53B-28-303. Institution engagement with a law enforcement agency -- Articulable
1131 and significant threat -- Notification to victim.
1132 (1) (a) An institution shall keep confidential from a law enforcement agency a covered
1133 allegation reported to the institution by the victim of the covered allegation.
1134 (b) Notwithstanding Subsection (1)(a), an institution may engage with a law
1135 enforcement agency in response to a covered allegation described in Subsection (1)(a):
1136 (i) if the victim consents to the institution engaging with the law enforcement agency;
1137 or
1138 (ii) in accordance with Subsection (2).
1139 (2) (a) Subject to Subsection (3), an institution that receives a report described in
1140 Subsection (1)(a) may engage with a law enforcement agency in response to the covered
1141 allegation if the institution determines, in accordance with Subsection (2)(b), that the
1142 information in the covered allegation creates an articulable and significant threat to individual
1143 or campus safety at the institution.
1144 (b) To determine whether the information in a covered allegation creates an articulable
1145 and significant threat described in Subsection (2)(a), the institution shall consider, if the
1146 information is known to the institution, at least the following factors:
1147 (i) whether the circumstances of the covered allegation suggest an increased risk that
1148 the alleged perpetrator will commit an additional act of sexual violence or other violence;
1149 (ii) whether the alleged perpetrator has an arrest history that indicates a history of
1150 sexual violence or other violence;
1151 (iii) whether records from the alleged perpetrator's previous postsecondary institution
1152 indicate that the alleged perpetrator has a history of sexual violence or other violence;
1153 (iv) whether the alleged perpetrator is alleged to have threatened further sexual
1154 violence or other violence against the victim or another individual;
1155 (v) whether the act of sexual violence was committed by more than one alleged
1156 perpetrator;
1157 (vi) whether the circumstances of the covered allegation suggest there is an increased
1158 risk of future acts of sexual violence under similar circumstances;
1159 (vii) whether the act of sexual violence was perpetrated with a weapon; and
1160 (viii) the age of the victim.
1161 (3) An institution shall:
1162 (a) before engaging with a law enforcement agency in accordance with Subsection (2),
1163 provide notice to the victim of the following:
1164 (i) the institution's intent to engage with a law enforcement agency;
1165 (ii) the law enforcement agency with which the institution intends to engage; and
1166 (iii) the reason the institution made the determination described in Subsection (2); and
1167 (b) in engaging with a law enforcement agency under Subsection (2):
1168 (i) maintain the confidentiality of the victim; and
1169 (ii) disclose the minimum information required to appropriately address the threat
1170 described in Subsection (2)(a).
1171 (4) Nothing in this section supersedes:
1172 (a) an obligation described in Section 62A-3-305, [
1173 78B-3-502; or
1174 (b) a requirement described in Part 2, Confidential Communications for Institutional
1175 Advocacy Services Act.
1176 Section 20. Section 53E-3-513 is amended to read:
1177 53E-3-513. Parental permission required for specified in-home programs --
1178 Exceptions.
1179 (1) The state board, local school boards, school districts, and public schools are
1180 prohibited from requiring infant or preschool in-home literacy or other educational or parenting
1181 programs without obtaining parental permission in each individual case.
1182 (2) This section does not prohibit the Division of Child and Family Services, within the
1183 Department of Human Services, from providing or arranging for family preservation or other
1184 statutorily provided services in accordance with [
1185
1186 Protective Custody of a Child, or any other in-home services that have been court ordered, in
1187 accordance with [
1188 Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, or Title
1189 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4,
1190 Termination and Restoration of Parental Rights.
1191 Section 21. Section 53E-6-701 is amended to read:
1192 53E-6-701. Mandatory reporting of physical or sexual abuse of students.
1193 (1) For purposes of this section, "educator" means, in addition to a person included
1194 under Section 53E-6-102, a person, including a volunteer or temporary employee, who at the
1195 time of an alleged offense was performing a function in a private school for which a license
1196 would be required in a public school.
1197 (2) In addition to any duty to report suspected cases of child abuse or neglect under
1198 Section [
1199 may have been physically or sexually abused by a school employee shall immediately report
1200 the belief and all other relevant information to the school principal, to the superintendent, or to
1201 the state board.
1202 (3) A school administrator who has received a report under Subsection (2) or who
1203 otherwise has reasonable cause to believe that a student may have been physically or sexually
1204 abused by an educator shall immediately report that information to the state board.
1205 (4) Upon notice that an educator allegedly violated Subsection (2) or (3), the state
1206 board shall direct UPPAC to investigate the educator's alleged violation as described in Section
1207 53E-6-604.
1208 (5) A person who makes a report under this section in good faith shall be immune from
1209 civil or criminal liability that might otherwise arise by reason of that report.
1210 Section 22. Section 53E-9-203 is amended to read:
1211 53E-9-203. Activities prohibited without prior written consent -- Validity of
1212 consent -- Qualifications -- Training on implementation.
1213 (1) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702,
1214 policies adopted by a school district or charter school under Section 53E-9-202 shall include
1215 prohibitions on the administration to a student of any psychological or psychiatric examination,
1216 test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the
1217 student's parent, in which the purpose or evident intended effect is to cause the student to
1218 reveal information, whether the information is personally identifiable or not, concerning the
1219 student's or any family member's:
1220 (a) political affiliations or, except as provided under Section 53G-10-202 or rules of
1221 the state board, political philosophies;
1222 (b) mental or psychological problems;
1223 (c) sexual behavior, orientation, or attitudes;
1224 (d) illegal, anti-social, self-incriminating, or demeaning behavior;
1225 (e) critical appraisals of individuals with whom the student or family member has close
1226 family relationships;
1227 (f) religious affiliations or beliefs;
1228 (g) legally recognized privileged and analogous relationships, such as those with
1229 lawyers, medical personnel, or ministers; and
1230 (h) income, except as required by law.
1231 (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
1232 through grade 12.
1233 (3) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702,
1234 the prohibitions under Subsection (1) shall also apply within the curriculum and other school
1235 activities unless prior written consent of the student's parent has been obtained.
1236 (4) (a) Written parental consent is valid only if a parent has been first given written
1237 notice, including notice that a copy of the educational or student survey questions to be asked
1238 of the student in obtaining the desired information is made available at the school, and a
1239 reasonable opportunity to obtain written information concerning:
1240 (i) records or information, including information about relationships, that may be
1241 examined or requested;
1242 (ii) the means by which the records or information shall be examined or reviewed;
1243 (iii) the means by which the information is to be obtained;
1244 (iv) the purposes for which the records or information are needed;
1245 (v) the entities or persons, regardless of affiliation, who will have access to the
1246 personally identifiable information; and
1247 (vi) a method by which a parent of a student can grant permission to access or examine
1248 the personally identifiable information.
1249 (b) For a survey described in Subsection (1), written notice described in Subsection
1250 (4)(a) shall include an Internet address where a parent can view the exact survey to be
1251 administered to the parent's student.
1252 (5) (a) Except in response to a situation which a school employee reasonably believes
1253 to be an emergency, or as authorized under [
1254
1255 Reports, or by order of a court, disclosure to a parent must be given at least two weeks before
1256 information protected under this section is sought.
1257 (b) Following disclosure, a parent may waive the two week minimum notification
1258 period.
1259 (c) Unless otherwise agreed to by a student's parent and the person requesting written
1260 consent, the authorization is valid only for the activity for which it was granted.
1261 (d) A written withdrawal of authorization submitted to the school principal by the
1262 authorizing parent terminates the authorization.
1263 (e) A general consent used to approve admission to school or involvement in special
1264 education, remedial education, or a school activity does not constitute written consent under
1265 this section.
1266 (6) (a) This section does not limit the ability of a student under Section 53G-10-203 to
1267 spontaneously express sentiments or opinions otherwise protected against disclosure under this
1268 section.
1269 (b) (i) If a school employee or agent believes that a situation exists which presents a
1270 serious threat to the well-being of a student, that employee or agent shall notify the student's
1271 parent without delay.
1272 (ii) If, however, the matter has been reported to the Division of Child and Family
1273 Services within the Department of Human Services, it is the responsibility of the division to
1274 notify the student's parent of any possible investigation, prior to the student's return home from
1275 school.
1276 (iii) The division may be exempted from the notification requirements described in this
1277 Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification
1278 of the student's parent, or if that notification is otherwise prohibited by state or federal law.
1279 (7) (a) If a school employee, agent, or school resource officer believes a student is
1280 at-risk of attempting suicide, physical self-harm, or harming others, the school employee,
1281 agent, or school resource officer may intervene and ask a student questions regarding the
1282 student's suicidal thoughts, physically self-harming behavior, or thoughts of harming others for
1283 the purposes of:
1284 (i) referring the student to appropriate prevention services; and
1285 (ii) informing the student's parent.
1286 (b) On or before September 1, 2014, a school district or charter school shall develop
1287 and adopt a policy regarding intervention measures consistent with Subsection (7)(a) while
1288 requiring the minimum degree of intervention to accomplish the goals of this section.
1289 (8) Local school boards and charter school governing boards shall provide inservice for
1290 teachers and administrators on the implementation of this section.
1291 (9) The state board shall provide procedures for disciplinary action for violations of
1292 this section.
1293 (10) Data collected from a survey described in Subsection (1):
1294 (a) is a private record as provided in Section 63G-2-302;
1295 (b) may not be shared except in accordance with the Family Educational Rights and
1296 Privacy Act, 20 U.S.C. Sec. 1232g; and
1297 (c) may not be included in a student's Student Achievement Backpack, as that term is
1298 defined in Section 53E-3-511.
1299 Section 23. Section 53E-9-308 is amended to read:
1300 53E-9-308. Sharing student data -- Prohibition -- Requirements for student data
1301 manager -- Authorized student data sharing.
1302 (1) (a) Except as provided in Subsection (1)(b), an education entity, including a student
1303 data manager, may not share personally identifiable student data without written consent.
1304 (b) An education entity, including a student data manager, may share personally
1305 identifiable student data:
1306 (i) in accordance with the Family Education Rights and Privacy Act and related
1307 provisions under 20 U.S.C. Secs. 1232g and 1232h;
1308 (ii) as required by federal law; and
1309 (iii) as described in Subsections (3), (5), and (6).
1310 (2) A student data manager shall:
1311 (a) authorize and manage the sharing, outside of the student data manager's education
1312 entity, of personally identifiable student data for the education entity as described in this
1313 section;
1314 (b) act as the primary local point of contact for the state student data officer described
1315 in Section 53E-9-302; and
1316 (c) fulfill other responsibilities described in the data governance plan of the student
1317 data manager's education entity.
1318 (3) A student data manager may share a student's personally identifiable student data
1319 with a caseworker or representative of the Department of Human Services if:
1320 (a) the Department of Human Services is:
1321 (i) legally responsible for the care and protection of the student, including the
1322 responsibility to investigate a report of educational neglect, as provided in Subsection
1323 [
1324 (ii) providing services to the student;
1325 (b) the student's personally identifiable student data is not shared with a person who is
1326 not authorized:
1327 (i) to address the student's education needs; or
1328 (ii) by the Department of Human Services to receive the student's personally
1329 identifiable student data; and
1330 (c) the Department of Human Services maintains and protects the student's personally
1331 identifiable student data.
1332 (4) The Department of Human Services, a school official, or the Utah Juvenile Court
1333 may share personally identifiable student data to improve education outcomes for youth:
1334 (a) in the custody of, or under the guardianship of, the Department of Human Services;
1335 (b) receiving services from the Division of Juvenile Justice Services;
1336 (c) in the custody of the Division of Child and Family Services;
1337 (d) receiving services from the Division of Services for People with Disabilities; or
1338 (e) under the jurisdiction of the Utah Juvenile Court.
1339 (5) (a) A student data manager may share personally identifiable student data in
1340 response to a subpoena issued by a court.
1341 (b) A person who receives personally identifiable student data under Subsection (5)(a)
1342 may not use the personally identifiable student data outside of the use described in the
1343 subpoena.
1344 (6) (a) A student data manager may share student data, including personally
1345 identifiable student data, in response to a request to share student data for the purpose of
1346 research or evaluation, if the student data manager:
1347 (i) verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
1348 (ii) submits the request to the education entity's research review process; and
1349 (iii) fulfills the instructions that result from the review process.
1350 (b) (i) In accordance with state and federal law, and subject to Subsection (6)(b)(ii), the
1351 state board shall share student data, including personally identifiable student data, as requested
1352 by the Utah Registry of Autism and Developmental Disabilities described in Section 26-7-4.
1353 (ii) (A) At least 30 days before the state board shares student data in accordance with
1354 Subsection (6)(b)(i), the education entity from which the state board received the student data
1355 shall provide notice to the parent of each student for which the state board intends to share
1356 student data.
1357 (B) The state board may not, for a particular student, share student data as described in
1358 Subsection (6)(b)(i) if the student's parent requests that the state board not share the student
1359 data.
1360 (iii) A person who receives student data under Subsection (6)(b)(i):
1361 (A) shall maintain and protect the student data in accordance with state board rule
1362 described in Section 53E-9-307;
1363 (B) may not use the student data for a purpose not described in Section 26-7-4; and
1364 (C) is subject to audit by the state student data officer described in Section 53E-9-302.
1365 Section 24. Section 53G-6-208 is amended to read:
1366 53G-6-208. Taking custody of a person believed to be a truant minor --
1367 Disposition -- Reports -- Immunity from liability.
1368 (1) Except during the period between March 17, 2021, and June 1, 2022, a peace officer
1369 or public school administrator may take a minor into temporary custody if there is reason to
1370 believe the minor is a truant minor.
1371 (2) An individual taking a presumed truant minor into custody under Subsection (1)
1372 shall, without unnecessary delay, release the minor to:
1373 (a) the principal of the minor's school;
1374 (b) a person who has been designated by the local school board or charter school
1375 governing board to receive and return the minor to school; or
1376 (c) a truancy center established under Subsection (5).
1377 (3) If the minor described in Subsection (2) refuses to return to school or go to the
1378 truancy center, the officer or administrator shall, without unnecessary delay, notify the minor's
1379 parents and release the minor to their custody.
1380 (4) If the parents of a truant minor in custody cannot be reached or are unable or
1381 unwilling to accept custody and none of the options in Subsection (2) are available, the minor
1382 shall be referred to the Division of Child and Family Services.
1383 (5) (a) (i) A local school board or charter school governing board, singly or jointly with
1384 another school board, may establish or designate truancy centers within existing school
1385 buildings and staff the centers with existing teachers or staff to provide educational guidance
1386 and counseling for truant minors.
1387 (ii) Upon receipt of a truant minor, the center shall, without unnecessary delay, notify
1388 and direct the minor's parents to come to the center, pick up the minor, and return the minor to
1389 the school in which the minor is enrolled.
1390 (b) (i) If the parents of a truant minor in custody cannot be reached or are unable or
1391 unwilling to comply with the request within a reasonable time, the center shall take such steps
1392 as are reasonably necessary to ensure the safety and well being of the minor, including, when
1393 appropriate, returning the minor to school or referring the minor to the Division of Child and
1394 Family Services.
1395 (ii) A minor taken into custody under this section may not be placed in a detention
1396 center or other secure confinement facility.
1397 (6) (a) An individual taking action under this section shall report the action to the
1398 appropriate school district.
1399 (b) The district described in Subsection (6)(a) shall promptly notify the minor's parents
1400 of the action taken.
1401 (7) The Utah Governmental Immunity Act applies to all actions taken under this
1402 section.
1403 (8) Nothing in this section may be construed to grant authority to a public school
1404 administrator to place a minor in the custody of the Division of Child and Family Services,
1405 without complying with [
1406 Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a
1407 Child, and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings.
1408 Section 25. Section 53G-6-302 is amended to read:
1409 53G-6-302. Child's school district of residence -- Determination -- Responsibility
1410 for providing educational services.
1411 (1) As used in this section:
1412 (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
1413 (b) "Human services program" means the same as that term is defined in Section
1414 62A-2-101.
1415 (c) "Supervision" means a minor child is:
1416 (i) receiving services from a state agency, local mental health authority, or substance
1417 abuse authority with active involvement or oversight; and
1418 (ii) engaged in a human services program that is properly licensed or certified and has
1419 provided the school district receiving the minor child with an education plan that complies with
1420 the requirements of Section 62A-2-108.1.
1421 (2) The school district of residence of a minor child whose custodial parent resides
1422 within Utah is:
1423 (a) the school district in which the custodial parent resides; or
1424 (b) the school district in which the child resides:
1425 (i) while in the custody or under the supervision of a Utah state agency, local mental
1426 health authority, or substance abuse authority;
1427 (ii) while under the supervision of a private or public agency which is in compliance
1428 with Section [
1429 the state;
1430 (iii) while living with a responsible adult resident of the district, if a determination has
1431 been made in accordance with rules made by the state board in accordance with Title 63G,
1432 Chapter 3, Utah Administrative Rulemaking Act, that:
1433 (A) the child's physical, mental, moral, or emotional health will best be served by
1434 considering the child to be a resident for school purposes;
1435 (B) exigent circumstances exist that do not permit the case to be appropriately
1436 addressed under Section 53G-6-402; and
1437 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
1438 does not violate any other law or rule of the state board;
1439 (iv) while the child is receiving services from a health care facility or human services
1440 program, if a determination has been made in accordance with rules made by the state board in
1441 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1442 (A) the child's physical, mental, moral, or emotional health will best be served by
1443 considering the child to be a resident for school purposes;
1444 (B) exigent circumstances exist that do not permit the case to be appropriately
1445 addressed under Section 53G-6-402; and
1446 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
1447 does not violate any other law or rule of the state board; or
1448 (v) if the child is married or has been determined to be an emancipated minor by a
1449 court of law or by a state administrative agency authorized to make that determination.
1450 (3) A minor child whose custodial parent does not reside in the state is considered to be
1451 a resident of the district in which the child lives, unless that designation violates any other law
1452 or rule of the state board, if:
1453 (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
1454 (b) the child lives with a resident of the district who is a responsible adult and whom
1455 the district agrees to designate as the child's legal guardian under Section 53G-6-303;
1456 (c) if permissible under policies adopted by a local school board, it is established to the
1457 satisfaction of the local school board that:
1458 (i) the child lives with a responsible adult who is a resident of the district and is the
1459 child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
1460 (ii) the child's presence in the district is not for the primary purpose of attending the
1461 public schools;
1462 (iii) the child's physical, mental, moral, or emotional health will best be served by
1463 considering the child to be a resident for school purposes; and
1464 (iv) the child is prepared to abide by the policies of the school and school district in
1465 which attendance is sought; or
1466 (d) it is established to the satisfaction of the local school board that:
1467 (i) the child's parent moves from the state;
1468 (ii) the child's parent executes a power of attorney under Section 75-5-103 that:
1469 (A) meets the requirements of Subsection (4); and
1470 (B) delegates powers regarding care, custody, or property, including schooling, to a
1471 responsible adult with whom the child resides;
1472 (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
1473 district;
1474 (iv) the child's physical, mental, moral, or emotional health will best be served by
1475 considering the child to be a resident for school purposes;
1476 (v) the child is prepared to abide by the policies of the school and school district in
1477 which attendance is sought; and
1478 (vi) the child's attendance in the school will not be detrimental to the school or school
1479 district.
1480 (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
1481 district may require the person with whom the child lives to be designated as the child's
1482 custodian in a durable power of attorney, issued by the party who has legal custody of the child,
1483 granting the custodian full authority to take any appropriate action, including authorization for
1484 educational or medical services, in the interests of the child.
1485 (b) Both the party granting and the party empowered by the power of attorney shall
1486 agree to:
1487 (i) assume responsibility for any fees or other charges relating to the child's education
1488 in the district; and
1489 (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
1490 school district with all financial information requested by the district for purposes of
1491 determining eligibility for fee waivers.
1492 (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
1493 this section and accepted by the school district shall remain in force until the earliest of the
1494 following occurs:
1495 (i) the child reaches the age of 18, marries, or becomes emancipated;
1496 (ii) the expiration date stated in the document; or
1497 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
1498 or by order of a court of competent jurisdiction.
1499 (5) A power of attorney does not confer legal guardianship.
1500 (6) Each school district is responsible for providing educational services for all
1501 children of school age who are residents of the district.
1502 Section 26. Section 53G-6-707 is amended to read:
1503 53G-6-707. Interstate compact students -- Inclusion in attendance count --
1504 Foreign exchange students -- Annual report -- Requirements for exchange student
1505 agencies.
1506 (1) A school district or charter school may include the following students in the
1507 district's or school's membership and attendance count for the purpose of apportionment of
1508 state money:
1509 (a) a student enrolled under an interstate compact, established between the state board
1510 and the state education authority of another state, under which a student from one compact
1511 state would be permitted to enroll in a public school in the other compact state on the same
1512 basis as a resident student of the receiving state; or
1513 (b) a student receiving services under [
1514
1515 Placement of Children.
1516 (2) A school district or charter school may:
1517 (a) enroll foreign exchange students that do not qualify for state money; and
1518 (b) pay for the costs of those students with other funds available to the school district
1519 or charter school.
1520 (3) Due to the benefits to all students of having the opportunity to become familiar
1521 with individuals from diverse backgrounds and cultures, school districts are encouraged to
1522 enroll foreign exchange students, as provided in Subsection (2), particularly in schools with
1523 declining or stable enrollments where the incremental cost of enrolling the foreign exchange
1524 student may be minimal.
1525 (4) (a) A local school board or charter school governing board shall require each
1526 approved exchange student agency to provide it with a sworn affidavit of compliance prior to
1527 the beginning of each school year.
1528 (b) The affidavit shall include the following assurances:
1529 (i) that the agency has complied with all applicable policies of the state board;
1530 (ii) that a household study, including a background check of all adult residents, has
1531 been made of each household where an exchange student is to reside, and that the study was of
1532 sufficient scope to provide reasonable assurance that the exchange student will receive proper
1533 care and supervision in a safe environment;
1534 (iii) that host parents have received training appropriate to their positions, including
1535 information about enhanced criminal penalties under Subsection 76-5-406(2)(j) for persons
1536 who are in a position of special trust;
1537 (iv) that a representative of the exchange student agency shall visit each student's place
1538 of residence at least once each month during the student's stay in Utah;
1539 (v) that the agency will cooperate with school and other public authorities to ensure
1540 that no exchange student becomes an unreasonable burden upon the public schools or other
1541 public agencies;
1542 (vi) that each exchange student will be given in the exchange student's native language
1543 names and telephone numbers of agency representatives and others who could be called at any
1544 time if a serious problem occurs; and
1545 (vii) that alternate placements are readily available so that no student is required to
1546 remain in a household if conditions appear to exist which unreasonably endanger the student's
1547 welfare.
1548 (5) (a) A local school board or charter school governing board shall provide each
1549 approved exchange student agency with a list of names and telephone numbers of individuals
1550 not associated with the agency who could be called by an exchange student in the event of a
1551 serious problem.
1552 (b) The agency shall make a copy of the list available to each of its exchange students
1553 in the exchange student's native language.
1554 (6) Notwithstanding Subsection 53F-2-303(3)(a), a school district or charter school
1555 shall enroll a foreign exchange student if the foreign exchange student:
1556 (a) is sponsored by an agency approved by the state board;
1557 (b) attends the same school during the same time period that another student from the
1558 school is:
1559 (i) sponsored by the same agency; and
1560 (ii) enrolled in a school in a foreign country; and
1561 (c) is enrolled in the school for one year or less.
1562 Section 27. Section 53G-8-303 is amended to read:
1563 53G-8-303. Investigation of complaint -- Confidentiality -- Immunity.
1564 (1) (a) The reporting and investigation requirements of [
1565
1566 Neglect Reports, apply to complaints on corporal punishment.
1567 (b) If a violation is confirmed, school authorities shall take prompt and appropriate
1568 action, including in-service training and other administrative action, to ensure against a
1569 repetition of the violation.
1570 (2) Reports made on violations of this part are subject to the same requirements of
1571 confidentiality as provided under Section [
1572 (3) Any school or individual who in good faith makes a report or cooperates in an
1573 investigation by a school or authorized public agency concerning a violation of this part is
1574 immune from any civil or criminal liability that might otherwise result by reason of those
1575 actions.
1576 Section 28. Section 53G-9-203 is amended to read:
1577 53G-9-203. Definitions -- School personnel -- Medical recommendations --
1578 Exceptions -- Penalties.
1579 (1) As used in this section:
1580 (a) "Health care professional" means a physician, physician assistant, nurse, dentist, or
1581 mental health therapist.
1582 (b) "School personnel" means a school district or charter school employee, including a
1583 licensed, part-time, contract, or nonlicensed employee.
1584 (2) School personnel may:
1585 (a) provide information and observations to a student's parent about that student,
1586 including observations and concerns in the following areas:
1587 (i) progress;
1588 (ii) health and wellness;
1589 (iii) social interactions;
1590 (iv) behavior; or
1591 (v) topics consistent with Subsection 53E-9-203(6);
1592 (b) communicate information and observations between school personnel regarding a
1593 child;
1594 (c) refer students to other appropriate school personnel and agents, consistent with
1595 local school board or charter school policy, including referrals and communication with a
1596 school counselor or other mental health professionals working within the school system;
1597 (d) consult or use appropriate health care professionals in the event of an emergency
1598 while the student is at school, consistent with the student emergency information provided at
1599 student enrollment;
1600 (e) exercise their authority relating to the placement within the school or readmission
1601 of a child who may be or has been suspended or expelled for a violation of Section 53G-8-205;
1602 and
1603 (f) complete a behavioral health evaluation form if requested by a student's parent to
1604 provide information to a licensed physician or physician assistant.
1605 (3) School personnel shall:
1606 (a) report suspected child abuse consistent with Section [
1607 (b) comply with applicable state and local health department laws, rules, and policies;
1608 and
1609 (c) conduct evaluations and assessments consistent with the Individuals with
1610 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
1611 (4) Except as provided in Subsection (2), Subsection (6), and Section 53G-9-604,
1612 school personnel may not:
1613 (a) recommend to a parent that a child take or continue to take a psychotropic
1614 medication;
1615 (b) require that a student take or continue to take a psychotropic medication as a
1616 condition for attending school;
1617 (c) recommend that a parent seek or use a type of psychiatric or psychological
1618 treatment for a child;
1619 (d) conduct a psychiatric or behavioral health evaluation or mental health screening,
1620 test, evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with the
1621 Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent
1622 amendments; or
1623 (e) make a child abuse or neglect report to authorities, including the Division of Child
1624 and Family Services, solely or primarily on the basis that a parent refuses to consent to:
1625 (i) a psychiatric, psychological, or behavioral treatment for a child, including the
1626 administration of a psychotropic medication to a child; or
1627 (ii) a psychiatric or behavioral health evaluation of a child.
1628 (5) Notwithstanding Subsection (4)(e), school personnel may make a report that would
1629 otherwise be prohibited under Subsection (4)(e) if failure to take the action described under
1630 Subsection (4)(e) would present a serious, imminent risk to the child's safety or the safety of
1631 others.
1632 (6) Notwithstanding Subsection (4), a school counselor or other mental health
1633 professional acting in accordance with Title 58, Chapter 60, Mental Health Professional
1634 Practice Act, or licensed through the state board, working within the school system may:
1635 (a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
1636 (b) recommend, but not require, psychiatric, psychological, or behavioral treatment for
1637 a child;
1638 (c) conduct a psychiatric or behavioral health evaluation or mental health screening,
1639 test, evaluation, or assessment of a child in accordance with Section 53E-9-203; and
1640 (d) provide to a parent, upon the specific request of the parent, a list of three or more
1641 health care professionals or providers, including licensed physicians, physician assistants,
1642 psychologists, or other health specialists.
1643 (7) Local school boards or charter schools shall adopt a policy:
1644 (a) providing for training of appropriate school personnel on the provisions of this
1645 section; and
1646 (b) indicating that an intentional violation of this section is cause for disciplinary action
1647 consistent with local school board or charter school policy and under Section 53G-11-513.
1648 (8) Nothing in this section shall be interpreted as discouraging general communication
1649 not prohibited by this section between school personnel and a student's parent.
1650 Section 29. Section 53G-9-207 is amended to read:
1651 53G-9-207. Child sexual abuse prevention.
1652 (1) As used in this section, "school personnel" means the same as that term is defined
1653 in Section 53G-9-203.
1654 (2) The state board shall approve, in partnership with the Department of Human
1655 Services, age-appropriate instructional materials for the training and instruction described in
1656 Subsections (3)(a) and (4).
1657 (3) (a) A school district or charter school shall provide, every other year, training and
1658 instruction on child sexual abuse and human trafficking prevention and awareness to:
1659 (i) school personnel in elementary and secondary schools on:
1660 (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
1661 manner;
1662 (B) identifying children who are victims or may be at risk of becoming victims of
1663 human trafficking or commercial sexual exploitation; and
1664 (C) the mandatory reporting requirements described in Sections 53E-6-701 and
1665 [
1666 (ii) parents of elementary school students on:
1667 (A) recognizing warning signs of a child who is being sexually abused or who is a
1668 victim or may be at risk of becoming a victim of human trafficking or commercial sexual
1669 exploitation; and
1670 (B) effective, age-appropriate methods for discussing the topic of child sexual abuse
1671 with a child.
1672 (b) A school district or charter school shall use the instructional materials approved by
1673 the state board under Subsection (2) to provide the training and instruction to school personnel
1674 and parents under Subsection (3)(a).
1675 (4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school
1676 may provide instruction on child sexual abuse and human trafficking prevention and awareness
1677 to elementary school students using age-appropriate curriculum.
1678 (b) A school district or charter school that provides the instruction described in
1679 Subsection (4)(a) shall use the instructional materials approved by the state board under
1680 Subsection (2) to provide the instruction.
1681 (5) (a) An elementary school student may not be given the instruction described in
1682 Subsection (4) unless the parent of the student is:
1683 (i) notified in advance of the:
1684 (A) instruction and the content of the instruction; and
1685 (B) parent's right to have the student excused from the instruction;
1686 (ii) given an opportunity to review the instructional materials before the instruction
1687 occurs; and
1688 (iii) allowed to be present when the instruction is delivered.
1689 (b) Upon the written request of the parent of an elementary school student, the student
1690 shall be excused from the instruction described in Subsection (4).
1691 (c) Participation of a student requires compliance with Sections 53E-9-202 and
1692 53E-9-203.
1693 (6) A school district or charter school may determine the mode of delivery for the
1694 training and instruction described in Subsections (3) and (4).
1695 (7) Upon request of the state board, a school district or charter school shall provide
1696 evidence of compliance with this section.
1697 Section 30. Section 53G-9-209 is amended to read:
1698 53G-9-209. Child abuse or neglect reporting requirement.
1699 (1) As used in this section:
1700 (a) "Educational neglect" means the same as that term is defined in Section 80-1-102.
1701 (b) "School personnel" means the same as that term is defined in Section 53G-9-203.
1702 (2) School personnel shall comply with the child abuse and neglect reporting
1703 requirements described in Section [
1704 (3) When school personnel have reason to believe that a child may be subject to
1705 educational neglect, school personnel shall submit the report described in Subsection
1706 53G-6-202(8) to the Division of Child and Family Services.
1707 (4) When school personnel have reason to believe that a child is subject to both
1708 educational neglect and another form of neglect or abuse, school personnel may not wait to
1709 report the other form of neglect or abuse pending preparation of a report regarding educational
1710 neglect.
1711 (5) School personnel shall cooperate with the Division of Child and Family Services
1712 and share all information with the division that is relevant to the division's investigation of an
1713 allegation of abuse or neglect.
1714 Section 31. Section 58-60-114 is amended to read:
1715 58-60-114. Confidentiality -- Exemptions.
1716 (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and
1717 Management Act, a mental health therapist under this chapter may not disclose any confidential
1718 communication with a client or patient without the express written consent of:
1719 (a) the client or patient;
1720 (b) the parent or legal guardian of a minor client or patient; or
1721 (c) a person authorized to consent to the disclosure of the confidential communication
1722 by the client or patient in a written document:
1723 (i) that is signed by the client or the patient; and
1724 (ii) in which the client's or the patient's signature is reasonably verifiable.
1725 (2) A mental health therapist under this chapter is not subject to Subsection (1) if:
1726 (a) the mental health therapist is permitted or required by state or federal law, rule,
1727 regulation, or order to report or disclose any confidential communication, including:
1728 (i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a
1729 Vulnerable Adult;
1730 (ii) reporting under [
1731
1732 (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to
1733 Warn; or
1734 (iv) reporting of a communicable disease as required under Section 26-6-6;
1735 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
1736 under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
1737 (c) the disclosure is made under a generally recognized professional or ethical standard
1738 that authorizes or requires the disclosure.
1739 Section 32. Section 58-60-509 is amended to read:
1740 58-60-509. Confidentiality -- Exemptions.
1741 (1) A licensee under this part may not disclose any confidential communication with a
1742 client or patient without the express consent of:
1743 (a) the client or patient;
1744 (b) the parent or legal guardian of a minor client or patient; or
1745 (c) the authorized agent of a client or patient.
1746 (2) A licensee under this part is not subject to Subsection (1) if:
1747 (a) the licensee is permitted or required by state or federal law, rule, regulation, or
1748 order to report or disclose any confidential communication, including:
1749 (i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a
1750 Vulnerable Adult;
1751 (ii) reporting under [
1752
1753 (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to
1754 Warn; or
1755 (iv) reporting of a communicable disease as required under Section 26-6-6;
1756 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
1757 under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
1758 (c) the disclosure is made under a generally recognized professional or ethical standard
1759 that authorizes or requires the disclosure.
1760 Section 33. Section 58-61-713 is amended to read:
1761 58-61-713. Confidentiality -- Exemptions.
1762 (1) A behavior analyst or behavior specialist under this chapter may not disclose any
1763 confidential communication with a client or patient without the express written consent of:
1764 (a) the client or patient;
1765 (b) the parent or legal guardian of a minor client or patient; or
1766 (c) a person authorized to consent to the disclosure of the confidential communication
1767 by the client or patient in a written document:
1768 (i) that is signed by the client or the patient; and
1769 (ii) in which the client's or the patient's signature is reasonably verifiable.
1770 (2) A behavior analyst or behavior specialist is not subject to Subsection (1) if:
1771 (a) the behavior analyst or behavior specialist is permitted or required by state or
1772 federal law, rule, regulation, or order to report or disclose any confidential communication,
1773 including:
1774 (i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a
1775 Vulnerable Adult;
1776 (ii) reporting under [
1777
1778 (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to
1779 Warn; or
1780 (iv) reporting of a communicable disease as required under Section 26-6-6;
1781 (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
1782 under an exemption from evidentiary privilege under Utah Rules of Evidence, Rule 506; or
1783 (c) the disclosure is made under a generally recognized professional or ethical standard
1784 that authorizes or requires the disclosure.
1785 Section 34. Section 59-10-1104 is amended to read:
1786 59-10-1104. Tax credit for adoption of a child who has a special need.
1787 (1) As used in this section, a "child who has a special need" means a child who meets
1788 at least one of the following conditions:
1789 (a) the child is five years of age or older;
1790 (b) the child:
1791 (i) is under the age of 18; and
1792 (ii) has a physical, emotional, or mental disability; or
1793 (c) the child is a member of a sibling group placed together for adoption.
1794 (2) (a) Subject to the other provisions of this section, a claimant who adopts a child
1795 who has a special need may claim a refundable tax credit of $1,000:
1796 (i) for a child who has a special need who the claimant adopts;
1797 (ii) on the claimant's individual income tax return for the taxable year; and
1798 (iii) against taxes otherwise due under this chapter.
1799 (b) A tax credit under this section may not exceed $1,000 per return for a taxable year.
1800 (3) For a claimant to qualify for the tax credit described in Subsection (2) for an
1801 adoption:
1802 (a) the order that grants the adoption shall be issued:
1803 (i) on or after January 1, 2013; and
1804 (ii) by:
1805 (A) a court of competent jurisdiction of this state or another state; or
1806 (B) a foreign country;
1807 (b) the claimant shall be a resident of this state on the date the order described in
1808 Subsection (3)(a) is issued; and
1809 (c) for an adoption made by a foreign country, the adoption shall be registered in
1810 accordance with Section 78B-6-142.
1811 (4) (a) For an adoption for which a court of competent jurisdiction of this state or
1812 another state issues the order described in Subsection (3)(a), a claimant may claim a tax credit
1813 for the taxable year for which the adoption order becomes final.
1814 (b) For an adoption for which a foreign country issues the order described in
1815 Subsection (3)(a), a claimant may claim a tax credit for the taxable year for which a court of
1816 competent jurisdiction in this state orders the state registrar to file the adoption order issued by
1817 the foreign country.
1818 (5) The credit provided for in this section may not be carried forward or carried back.
1819 (6) Nothing in this section shall affect the ability of any claimant who adopts a child
1820 who has a special need to receive adoption assistance under Section [
1821 Section 35. Section 62A-1-118 is amended to read:
1822 62A-1-118. Access to abuse and neglect information to screen employees and
1823 volunteers.
1824 (1) The department may conduct a background check, pursuant to Subsections
1825 62A-2-120(1) through (4), of department employees and volunteers who have direct access, as
1826 defined in Section 62A-2-101, to a child or a vulnerable adult.
1827 (2) In addition to conducting a background check described in Subsection (1), and
1828 subject to the requirements of this section, the department may search the Division of Child
1829 and Family Services' Management Information System described in Section [
1830 80-2-1001.
1831 (3) With respect to department employees and volunteers, the department may only
1832 access information in the systems and databases described in Subsection 62A-2-120(3) and in
1833 the Division of Child and Family Services' Management Information System for the purpose of
1834 determining at the time of hire and each year thereafter whether a department employee or
1835 volunteer has a criminal history, an adjudication of abuse or neglect, or a substantiated or
1836 supported finding of abuse, neglect, or exploitation.
1837 (4) A department employee or volunteer to whom Subsection (1) applies shall submit
1838 to the department the employee or volunteer's name, other personal identifying information,
1839 and consent for the background check on a form specified by the department.
1840 (5) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1841 Administrative Rulemaking Act, defining permissible and impermissible work-related
1842 activities for a department employee or volunteer with a criminal history or with one or more
1843 substantiated or supported findings of abuse, neglect, or exploitation.
1844 Section 36. Section 62A-2-117.5 is amended to read:
1845 62A-2-117.5. Foster care by a child's relative.
1846 (1) In accordance with state and federal law, the division shall provide for licensure of
1847 a child's relative for foster or substitute care, when the child is in the temporary custody or
1848 custody of the Division of Child and Family Services. If it is determined that, under federal
1849 law, allowance is made for an approval process requiring less than full foster parent licensure
1850 proceedings for a child's relative, the division shall establish an approval process to accomplish
1851 that purpose.
1852 (2) For purposes of this section:
1853 (a) "Custody" and "temporary custody" mean the same as those terms are defined in
1854 Section [
1855 (b) "Relative" means the same as that term is defined in Section 80-3-102.
1856 Section 37. Section 62A-2-120 is amended to read:
1857 62A-2-120. Background check -- Direct access to children or vulnerable adults.
1858 (1) As used in this section:
1859 (a) (i) "Applicant" means:
1860 (A) the same as that term is defined in Section 62A-2-101;
1861 (B) an individual who is associated with a licensee and has or will likely have direct
1862 access to a child or a vulnerable adult;
1863 (C) an individual who provides respite care to a foster parent or an adoptive parent on
1864 more than one occasion;
1865 (D) a department contractor;
1866 (E) a guardian submitting an application on behalf of an individual, other than the child
1867 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
1868 resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
1869 who is receiving services; or
1870 (F) a guardian submitting an application on behalf of an individual, other than the child
1871 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and is
1872 a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
1873 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
1874 of the Division of Child and Family Services or the Division of Juvenile Justice Services.
1875 (b) "Application" means a background screening application to the office.
1876 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
1877 Public Safety, created in Section 53-10-201.
1878 (d) "Incidental care" means occasional care, not in excess of five hours per week and
1879 never overnight, for a foster child.
1880 (e) "Personal identifying information" means:
1881 (i) current name, former names, nicknames, and aliases;
1882 (ii) date of birth;
1883 (iii) physical address and email address;
1884 (iv) telephone number;
1885 (v) driver license or other government-issued identification;
1886 (vi) social security number;
1887 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
1888 by the office; and
1889 (viii) other information specified by the office by rule made in accordance with Title
1890 63G, Chapter 3, Utah Administrative Rulemaking Act.
1891 (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
1892 submit the following to the office:
1893 (i) personal identifying information;
1894 (ii) a fee established by the office under Section 63J-1-504; and
1895 (iii) a disclosure form, specified by the office, for consent for:
1896 (A) an initial background check upon submission of the information described under
1897 this Subsection (2)(a);
1898 (B) ongoing monitoring of fingerprints and registries until no longer associated with a
1899 licensee for 90 days;
1900 (C) a background check when the office determines that reasonable cause exists; and
1901 (D) retention of personal identifying information, including fingerprints, for
1902 monitoring and notification as described in Subsections (3)(d) and (4).
1903 (b) In addition to the requirements described in Subsection (2)(a), if an applicant
1904 resided outside of the United States and its territories during the five years immediately
1905 preceding the day on which the information described in Subsection (2)(a) is submitted to the
1906 office, the office may require the applicant to submit documentation establishing whether the
1907 applicant was convicted of a crime during the time that the applicant resided outside of the
1908 United States or its territories.
1909 (3) The office:
1910 (a) shall perform the following duties as part of a background check of an applicant:
1911 (i) check state and regional criminal background databases for the applicant's criminal
1912 history by:
1913 (A) submitting personal identifying information to the bureau for a search; or
1914 (B) using the applicant's personal identifying information to search state and regional
1915 criminal background databases as authorized under Section 53-10-108;
1916 (ii) submit the applicant's personal identifying information and fingerprints to the
1917 bureau for a criminal history search of applicable national criminal background databases;
1918 (iii) search the Department of Human Services, Division of Child and Family Services'
1919 Licensing Information System described in Section [
1920 (iv) search the Department of Human Services, Division of Aging and Adult Services'
1921 vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
1922 (v) search the juvenile court records for substantiated findings of severe child abuse or
1923 neglect described in Section 80-3-404; and
1924 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
1925 under Section 78A-6-209;
1926 (b) shall conduct a background check of an applicant for an initial background check
1927 upon submission of the information described under Subsection (2)(a);
1928 (c) may conduct all or portions of a background check of an applicant, as provided by
1929 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
1930 Rulemaking Act:
1931 (i) for an annual renewal; or
1932 (ii) when the office determines that reasonable cause exists;
1933 (d) may submit an applicant's personal identifying information, including fingerprints,
1934 to the bureau for checking, retaining, and monitoring of state and national criminal background
1935 databases and for notifying the office of new criminal activity associated with the applicant;
1936 (e) shall track the status of an approved applicant under this section to ensure that an
1937 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
1938 the applicant applies for:
1939 (i) more than one license;
1940 (ii) direct access to a child or a vulnerable adult in more than one human services
1941 program; or
1942 (iii) direct access to a child or a vulnerable adult under a contract with the department;
1943 (f) shall track the status of each license and each individual with direct access to a child
1944 or a vulnerable adult and notify the bureau within 90 days after the day on which the license
1945 expires or the individual's direct access to a child or a vulnerable adult ceases;
1946 (g) shall adopt measures to strictly limit access to personal identifying information
1947 solely to the individuals responsible for processing and entering the applications for
1948 background checks and to protect the security of the personal identifying information the office
1949 reviews under this Subsection (3);
1950 (h) as necessary to comply with the federal requirement to check a state's child abuse
1951 and neglect registry regarding any individual working in a congregate care program, shall:
1952 (i) search the Department of Human Services, Division of Child and Family Services'
1953 Licensing Information System described in Section [
1954 (ii) require the child abuse and neglect registry be checked in each state where an
1955 applicant resided at any time during the five years immediately preceding the day on which the
1956 applicant submits the information described in Subsection (2)(a) to the office; and
1957 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1958 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
1959 checks.
1960 (4) (a) With the personal identifying information the office submits to the bureau under
1961 Subsection (3), the bureau shall check against state and regional criminal background databases
1962 for the applicant's criminal history.
1963 (b) With the personal identifying information and fingerprints the office submits to the
1964 bureau under Subsection (3), the bureau shall check against national criminal background
1965 databases for the applicant's criminal history.
1966 (c) Upon direction from the office, and with the personal identifying information and
1967 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
1968 (i) maintain a separate file of the fingerprints for search by future submissions to the
1969 local and regional criminal records databases, including latent prints; and
1970 (ii) monitor state and regional criminal background databases and identify criminal
1971 activity associated with the applicant.
1972 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
1973 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
1974 Investigation Next Generation Identification System for the purpose of:
1975 (i) being searched by future submissions to the national criminal records databases,
1976 including the Federal Bureau of Investigation Next Generation Identification System and latent
1977 prints; and
1978 (ii) monitoring national criminal background databases and identifying criminal
1979 activity associated with the applicant.
1980 (e) The Bureau shall notify and release to the office all information of criminal activity
1981 associated with the applicant.
1982 (f) Upon notice from the office that a license has expired or an individual's direct
1983 access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
1984 (i) discard and destroy any retained fingerprints; and
1985 (ii) notify the Federal Bureau of Investigation when the license has expired or an
1986 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
1987 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
1988 Investigation Next Generation Identification System.
1989 (5) (a) After conducting the background check described in Subsections (3) and (4), the
1990 office shall deny an application to an applicant who, within three years before the day on which
1991 the applicant submits information to the office under Subsection (2) for a background check,
1992 has been convicted of any of the following, regardless of whether the offense is a felony, a
1993 misdemeanor, or an infraction:
1994 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
1995 animals, or bestiality;
1996 (ii) a violation of any pornography law, including sexual exploitation of a minor;
1997 (iii) prostitution;
1998 (iv) an offense included in:
1999 (A) Title 76, Chapter 5, Offenses Against the Person;
2000 (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
2001 (C) Title 76, Chapter 7, Offenses Against the Family;
2002 (v) aggravated arson, as described in Section 76-6-103;
2003 (vi) aggravated burglary, as described in Section 76-6-203;
2004 (vii) aggravated robbery, as described in Section 76-6-302;
2005 (viii) identity fraud crime, as described in Section 76-6-1102; or
2006 (ix) a felony or misdemeanor offense committed outside of the state that, if committed
2007 in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
2008 through (viii).
2009 (b) If the office denies an application to an applicant based on a conviction described in
2010 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
2011 Subsection (6).
2012 (c) If the applicant will be working in a program serving only adults whose only
2013 impairment is a mental health diagnosis, including that of a serious mental health disorder,
2014 with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
2015 do not apply, and the office shall conduct a comprehensive review as described in Subsection
2016 (6).
2017 (6) (a) The office shall conduct a comprehensive review of an applicant's background
2018 check if the applicant:
2019 (i) has an open court case or a conviction for any felony offense, not described in
2020 Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
2021 which the applicant submits the application;
2022 (ii) has an open court case or a conviction for a misdemeanor offense, not described in
2023 Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
2024 3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
2025 on which the applicant submits information to the office under Subsection (2) for a background
2026 check;
2027 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
2028 than three years before the day on which the applicant submitted information under Subsection
2029 (2)(a);
2030 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
2031 described in Subsection (5)(a);
2032 (v) has a listing in the Department of Human Services, Division of Child and Family
2033 Services' Licensing Information System described in Section [
2034 (vi) has a listing in the Department of Human Services, Division of Aging and Adult
2035 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
2036 62A-3-311.1;
2037 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
2038 or neglect described in Section 80-3-404;
2039 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
2040 an adult, would be a felony or misdemeanor, if the applicant is:
2041 (A) under 28 years old; or
2042 (B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
2043 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
2044 offense described in Subsection (5)(a);
2045 (ix) has a pending charge for an offense described in Subsection (5)(a); or
2046 (x) is an applicant described in Subsection (5)(c).
2047 (b) The comprehensive review described in Subsection (6)(a) shall include an
2048 examination of:
2049 (i) the date of the offense or incident;
2050 (ii) the nature and seriousness of the offense or incident;
2051 (iii) the circumstances under which the offense or incident occurred;
2052 (iv) the age of the perpetrator when the offense or incident occurred;
2053 (v) whether the offense or incident was an isolated or repeated incident;
2054 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
2055 adult, including:
2056 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
2057 (B) sexual abuse;
2058 (C) sexual exploitation; or
2059 (D) negligent treatment;
2060 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
2061 treatment received, or additional academic or vocational schooling completed;
2062 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
2063 which the applicant is applying; and
2064 (ix) any other pertinent information presented to or publicly available to the committee
2065 members.
2066 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2067 office shall deny an application to an applicant if the office finds that approval would likely
2068 create a risk of harm to a child or a vulnerable adult.
2069 (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2070 office may not deny an application to an applicant solely because the applicant was convicted
2071 of an offense that occurred 10 or more years before the day on which the applicant submitted
2072 the information required under Subsection (2)(a) if:
2073 (i) the applicant has not committed another misdemeanor or felony offense after the
2074 day on which the conviction occurred; and
2075 (ii) the applicant has never been convicted of an offense described in Subsection
2076 (14)(c).
2077 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2078 office may make rules, consistent with this chapter, to establish procedures for the
2079 comprehensive review described in this Subsection (6).
2080 (7) Subject to Subsection (10), the office shall approve an application to an applicant
2081 who is not denied under Subsection (5), (6), or (14).
2082 (8) (a) The office may conditionally approve an application of an applicant, for a
2083 maximum of 60 days after the day on which the office sends written notice to the applicant
2084 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
2085 (i) is awaiting the results of the criminal history search of national criminal background
2086 databases; and
2087 (ii) would otherwise approve an application of the applicant under Subsection (7).
2088 (b) The office may conditionally approve an application of an applicant, for a
2089 maximum of one year after the day on which the office sends written notice to the applicant
2090 under Subsection (12), without requiring that the applicant be directly supervised if the office:
2091 (i) is awaiting the results of an out-of-state registry for providers other than foster and
2092 adoptive parents; and
2093 (ii) would otherwise approve an application of the applicant under Subsection (7).
2094 (c) Upon receiving the results of the criminal history search of a national criminal
2095 background database, the office shall approve or deny the application of the applicant in
2096 accordance with Subsections (5) through (7).
2097 (9) A licensee or department contractor may not permit an individual to have direct
2098 access to a child or a vulnerable adult unless, subject to Subsection (10):
2099 (a) the individual is associated with the licensee or department contractor and:
2100 (i) the individual's application is approved by the office under this section;
2101 (ii) the individual's application is conditionally approved by the office under
2102 Subsection (8); or
2103 (iii) (A) the individual has submitted the background check information described in
2104 Subsection (2) to the office;
2105 (B) the office has not determined whether to approve the applicant's application; and
2106 (C) the individual is directly supervised by an individual who has a current background
2107 screening approval issued by the office under this section and is associated with the licensee or
2108 department contractor;
2109 (b) (i) the individual is associated with the licensee or department contractor;
2110 (ii) the individual has a current background screening approval issued by the office
2111 under this section;
2112 (iii) one of the following circumstances, that the office has not yet reviewed under
2113 Subsection (6), applies to the individual:
2114 (A) the individual was charged with an offense described in Subsection (5)(a);
2115 (B) the individual is listed in the Licensing Information System, described in Section
2116 [
2117 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
2118 database, described in Section 62A-3-311.1;
2119 (D) the individual has a record in the juvenile court of a substantiated finding of severe
2120 child abuse or neglect, described in Section 80-3-404; or
2121 (E) the individual has a record of an adjudication in juvenile court for an act that, if
2122 committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
2123 or (6); and
2124 (iv) the individual is directly supervised by an individual who:
2125 (A) has a current background screening approval issued by the office under this
2126 section; and
2127 (B) is associated with the licensee or department contractor;
2128 (c) the individual:
2129 (i) is not associated with the licensee or department contractor; and
2130 (ii) is directly supervised by an individual who:
2131 (A) has a current background screening approval issued by the office under this
2132 section; and
2133 (B) is associated with the licensee or department contractor;
2134 (d) the individual is the parent or guardian of the child, or the guardian of the
2135 vulnerable adult;
2136 (e) the individual is approved by the parent or guardian of the child, or the guardian of
2137 the vulnerable adult, to have direct access to the child or the vulnerable adult;
2138 (f) the individual is only permitted to have direct access to a vulnerable adult who
2139 voluntarily invites the individual to visit; or
2140 (g) the individual only provides incidental care for a foster child on behalf of a foster
2141 parent who has used reasonable and prudent judgment to select the individual to provide the
2142 incidental care for the foster child.
2143 (10) An individual may not have direct access to a child or a vulnerable adult if the
2144 individual is prohibited by court order from having that access.
2145 (11) Notwithstanding any other provision of this section, an individual for whom the
2146 office denies an application may not have direct access to a child or vulnerable adult unless the
2147 office approves a subsequent application by the individual.
2148 (12) (a) Within 30 days after the day on which the office receives the background
2149 check information for an applicant, the office shall give notice of the clearance status to:
2150 (i) the applicant, and the licensee or department contractor, of the office's decision
2151 regarding the background check and findings; and
2152 (ii) the applicant of any convictions and potentially disqualifying charges and
2153 adjudications found in the search.
2154 (b) With the notice described in Subsection (12)(a), the office shall also give the
2155 applicant the details of any comprehensive review conducted under Subsection (6).
2156 (c) If the notice under Subsection (12)(a) states that the applicant's application is
2157 denied, the notice shall further advise the applicant that the applicant may, under Subsection
2158 62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
2159 challenge the office's decision.
2160 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2161 office shall make rules, consistent with this chapter:
2162 (i) defining procedures for the challenge of the office's background check decision
2163 described in Subsection (12)(c); and
2164 (ii) expediting the process for renewal of a license under the requirements of this
2165 section and other applicable sections.
2166 (13) An individual or a department contractor who provides services in an adults only
2167 substance use disorder program, as defined by rule, is exempt from this section. This
2168 exemption does not extend to a program director or a member, as defined by Section
2169 62A-2-108, of the program.
2170 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
2171 of this section, if the background check of an applicant is being conducted for the purpose of
2172 giving clearance status to an applicant seeking a position in a congregate care program, an
2173 applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
2174 an applicant seeking to provide a prospective adoptive home, the office shall:
2175 (i) check the child abuse and neglect registry in each state where each applicant resided
2176 in the five years immediately preceding the day on which the applicant applied to be a foster
2177 parent or adoptive parent, to determine whether the prospective foster parent or prospective
2178 adoptive parent is listed in the registry as having a substantiated or supported finding of child
2179 abuse or neglect; and
2180 (ii) check the child abuse and neglect registry in each state where each adult living in
2181 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
2182 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
2183 parent, to determine whether the adult is listed in the registry as having a substantiated or
2184 supported finding of child abuse or neglect.
2185 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
2186 (i) federal law or rule permits otherwise; or
2187 (ii) the requirements would prohibit the Division of Child and Family Services or a
2188 court from placing a child with:
2189 (A) a noncustodial parent under Section [
2190 80-3-303; or
2191 (B) a relative, other than a noncustodial parent, under Section [
2192 80-3-302, or 80-3-303, pending completion of the background check described in Subsection
2193 (5).
2194 (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
2195 applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
2196 an applicant to become a prospective foster parent, or an applicant to become a prospective
2197 adoptive parent if the applicant has been convicted of:
2198 (i) a felony involving conduct that constitutes any of the following:
2199 (A) child abuse, as described in Section 76-5-109;
2200 (B) commission of domestic violence in the presence of a child, as described in Section
2201 76-5-109.1;
2202 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
2203 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
2204 (E) aggravated murder, as described in Section 76-5-202;
2205 (F) murder, as described in Section 76-5-203;
2206 (G) manslaughter, as described in Section 76-5-205;
2207 (H) child abuse homicide, as described in Section 76-5-208;
2208 (I) homicide by assault, as described in Section 76-5-209;
2209 (J) kidnapping, as described in Section 76-5-301;
2210 (K) child kidnapping, as described in Section 76-5-301.1;
2211 (L) aggravated kidnapping, as described in Section 76-5-302;
2212 (M) human trafficking of a child, as described in Section 76-5-308.5;
2213 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
2214 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
2215 (P) aggravated arson, as described in Section 76-6-103;
2216 (Q) aggravated burglary, as described in Section 76-6-203;
2217 (R) aggravated robbery, as described in Section 76-6-302; or
2218 (S) domestic violence, as described in Section 77-36-1; or
2219 (ii) an offense committed outside the state that, if committed in the state, would
2220 constitute a violation of an offense described in Subsection (14)(c)(i).
2221 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
2222 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
2223 five years immediately preceding the day on which the individual's application or license would
2224 otherwise be approved, the applicant was convicted of a felony involving conduct that
2225 constitutes a violation of any of the following:
2226 (i) aggravated assault, as described in Section 76-5-103;
2227 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
2228 (iii) mayhem, as described in Section 76-5-105;
2229 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
2230 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
2231 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
2232 Act;
2233 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
2234 Precursor Act; or
2235 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
2236 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
2237 conduct the comprehensive review of an applicant's background check pursuant to this section
2238 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
2239 child abuse and neglect registry of another state as having a substantiated or supported finding
2240 of a severe type of child abuse or neglect as defined in Section [
2241 Section 38. Section 62A-2-121 is amended to read:
2242 62A-2-121. Access to abuse and neglect information.
2243 (1) As used in this section:
2244 (a) "Direct service worker" means the same as that term is defined in Section
2245 62A-5-101.
2246 (b) "Personal care attendant" means the same as that term is defined in Section
2247 62A-3-101.
2248 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
2249 department may access only the Licensing Information System of the Division of Child and
2250 Family Services created by Section [
2251 Subsection 80-3-404[
2252 (a) (i) determining whether a person associated with a licensee, with direct access to
2253 children:
2254 (A) is listed in the Licensing Information System; or
2255 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2256 neglect under Subsections 80-3-404(1) and (2); and
2257 (ii) informing a licensee that a person associated with the licensee:
2258 (A) is listed in the Licensing Information System; or
2259 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2260 neglect under Subsections 80-3-404(1) and (2);
2261 (b) (i) determining whether a direct service worker:
2262 (A) is listed in the Licensing Information System; or
2263 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2264 neglect under Subsections 80-3-404(1) and (2); and
2265 (ii) informing a direct service worker or the direct service worker's employer that the
2266 direct service worker:
2267 (A) is listed in the Licensing Information System; or
2268 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2269 neglect under Subsections 80-3-404(1) and (2); or
2270 (c) (i) determining whether a personal care attendant:
2271 (A) is listed in the Licensing Information System; or
2272 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2273 neglect under Subsections 80-3-404(1) and (2); and
2274 (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a
2275 personal care attendant:
2276 (A) is listed in the Licensing Information System; or
2277 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
2278 neglect under Subsections 80-3-404(1) and (2).
2279 (3) Notwithstanding Subsection (2), the department may access the Division of Child
2280 and Family Services' Management Information System under Section [
2281 80-2-1001:
2282 (a) for the purpose of licensing and monitoring foster parents;
2283 (b) for the purposes described in Subsection [
2284 and
2285 (c) for the purpose described in Section 62A-1-118.
2286 (4) The department shall receive and process personal identifying information under
2287 Subsection 62A-2-120(1) for the purposes described in Subsection (2).
2288 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
2289 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
2290 may have direct access or provide services to children when:
2291 (a) the person is listed in the Licensing Information System of the Division of Child
2292 and Family Services created by Section [
2293 (b) juvenile court records show that a court made a substantiated finding under Section
2294 80-3-404, that the person committed a severe type of child abuse or neglect.
2295 Section 39. Section 62A-3-305 is amended to read:
2296 62A-3-305. Reporting requirements -- Investigation -- Exceptions -- Immunity --
2297 Penalties -- Nonmedical healing.
2298 (1) Except as provided in Subsection (4), if an individual has reason to believe that a
2299 vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
2300 shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
2301 Services or to the nearest peace officer or law enforcement agency.
2302 (2) (a) If a peace officer or a law enforcement agency receives a report under
2303 Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
2304 Protective Services.
2305 (b) Adult Protective Services and the peace officer or the law enforcement agency shall
2306 coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
2307 protection to the vulnerable adult.
2308 (3) When a report under Subsection (1), or a subsequent investigation by Adult
2309 Protective Services, indicates that a criminal offense may have occurred against a vulnerable
2310 adult:
2311 (a) Adult Protective Services shall notify the nearest local law enforcement agency
2312 regarding the potential offense; and
2313 (b) the law enforcement agency shall initiate an investigation in cooperation with Adult
2314 Protective Services.
2315 (4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
2316 does not apply to:
2317 (a) a member of the clergy, with regard to any confession made to the member of the
2318 clergy while functioning in the ministerial capacity of the member of the clergy and without the
2319 consent of the individual making the confession, if:
2320 (i) the perpetrator made the confession directly to the member of the clergy; and
2321 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
2322 to maintain the confidentiality of that confession; or
2323 (b) an attorney, or an individual employed by the attorney, if knowledge of the
2324 suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
2325 a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation
2326 of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
2327 accordance with Utah Rules of Professional Conduct, Rule 1.6.
2328 (5) (a) When a member of the clergy receives information about abuse, neglect, or
2329 exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
2330 member of the clergy is required to report that information even though the member of the
2331 clergy may have also received information about abuse or neglect from the confession of the
2332 perpetrator.
2333 (b) Exemption of the reporting requirement for an individual described in Subsection
2334 (4) does not exempt the individual from any other efforts required by law to prevent further
2335 abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
2336 (6) (a) As used in this Subsection (6), "physician" means an individual licensed to
2337 practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
2338 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
2339 (b) The physician-patient privilege does not:
2340 (i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
2341 vulnerable adult under Subsection (1); or
2342 (ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
2343 the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
2344 resulting from a report under Subsection (1).
2345 (7) (a) An individual who in good faith makes a report under Subsection (1), or who
2346 otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
2347 immune from civil and criminal liability in connection with the report or notification.
2348 (b) A covered provider or covered contractor, as defined in Section 26-21-201, that
2349 knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to
2350 Adult Protective Services, or to the nearest peace officer or law enforcement agency, under
2351 Subsection (1), is subject to a private right of action and liability for the abuse, neglect, or
2352 exploitation of a vulnerable adult that is committed by the individual who was not reported to
2353 Adult Protective Services or to the nearest peace officer or law enforcement agency.
2354 (c) This Subsection (7) does not provide immunity with respect to acts or omissions of
2355 a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
2356 Act of Utah.
2357 (8) If Adult Protective Services has substantial grounds to believe that an individual
2358 has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
2359 accordance with this section, Adult Protective Services shall file a complaint with:
2360 (a) the Division of Occupational and Professional Licensing if the individual is a health
2361 care provider, as defined in Section [
2362 defined in Section 58-60-102;
2363 (b) the appropriate law enforcement agency if the individual is a law enforcement
2364 officer, as defined in Section 53-13-103; and
2365 (c) the State Board of Education if the individual is an educator, as defined in Section
2366 53E-6-102.
2367 (9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
2368 to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
2369 Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
2370 (b) If an individual is convicted under Subsection (9)(a), the court may order the
2371 individual, in addition to any other sentence the court imposes, to:
2372 (i) complete community service hours; or
2373 (ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
2374 adults.
2375 (c) In determining whether it would be appropriate to charge an individual with a
2376 violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
2377 reasonable individual would not have reported suspected abuse, neglect, or exploitation of a
2378 vulnerable adult because reporting would have placed the individual in immediate danger of
2379 death or serious bodily injury.
2380 (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
2381 an individual's violation of Subsection (9)(a) as the basis for charging the individual with
2382 another offense.
2383 (e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
2384 within two years after the day on which the individual had knowledge of the suspected abuse,
2385 neglect, or exploitation and willfully failed to report.
2386 (10) Under circumstances not amounting to a violation of Section 76-8-508, an
2387 individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or
2388 attempts to intimidate a vulnerable adult who is the subject of a report under Subsection (1),
2389 the individual who made the report under Subsection (1), a witness, or any other person
2390 cooperating with an investigation conducted in accordance with this chapter.
2391 (11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
2392 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
2393 medical care.
2394 Section 40. Section 62A-11-304.4 is amended to read:
2395 62A-11-304.4. Filing of location information -- Service of process.
2396 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
2397 modify, or enforce a support order, each party shall file identifying information and shall
2398 update that information as changes occur:
2399 (i) with the court or administrative agency that conducted the proceeding; and
2400 (ii) after October 1, 1998, with the state case registry.
2401 (b) The identifying information required under Subsection (1)(a) shall include the
2402 person's Social Security number, driver's license number, residential and mailing addresses,
2403 telephone numbers, the name, address, and telephone number of employers, and any other data
2404 required by the United States Secretary of Health and Human Services.
2405 (c) In any subsequent child support action involving the office or between the parties,
2406 state due process requirements for notice and service of process shall be satisfied as to a party
2407 upon:
2408 (i) a sufficient showing that diligent effort has been made to ascertain the location of
2409 the party; and
2410 (ii) delivery of notice to the most recent residential or employer address filed with the
2411 court, administrative agency, or state case registry under Subsection (1)(a).
2412 (2) (a) The office shall provide individuals who are applying for or receiving services
2413 under this chapter or who are parties to cases in which services are being provided under this
2414 chapter:
2415 (i) with notice of all proceedings in which support obligations might be established or
2416 modified; and
2417 (ii) with a copy of any order establishing or modifying a child support obligation, or in
2418 the case of a petition for modification, a notice of determination that there should be no change
2419 in the amount of the child support award, within 14 days after issuance of such order or
2420 determination.
2421 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
2422 be provided in accordance with Section 78B-14-614.
2423 (3) Service of all notices and orders under this part shall be made in accordance with
2424 Title 63G, Chapter 4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
2425 this section.
2426 (4) Consistent with Title 63G, Chapter 2, Government Records Access and
2427 Management Act, the office shall adopt procedures to classify records to prohibit the
2428 unauthorized use or disclosure of information relating to a proceeding to:
2429 (a) establish paternity; or
2430 (b) establish or enforce support.
2431 (5) (a) The office shall, upon written request, provide location information available in
2432 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
2433 provided that:
2434 (i) the party seeking the information produces a copy of the parent-time order signed by
2435 the court;
2436 (ii) the information has not been safeguarded in accordance with Section 454 of the
2437 Social Security Act;
2438 (iii) the party whose location is being sought has been afforded notice in accordance
2439 with this section of the opportunity to contest release of the information;
2440 (iv) the party whose location is being sought has not provided the office with a copy of
2441 a protective order, a current court order prohibiting disclosure, a current court order limiting or
2442 prohibiting the requesting person's contact with the party or child whose location is being
2443 sought, a criminal order, an administrative order pursuant to Section [
2444 or documentation of a pending proceeding for any of the above; and
2445 (v) there is no other state or federal law that would prohibit disclosure.
2446 (b) "Location information" shall consist of the current residential address of the
2447 custodial or noncustodial parent and, if different and known to the office, the current residence
2448 of any children who are the subject of the parent-time order. If there is no current residential
2449 address available, the person's place of employment and any other location information shall be
2450 disclosed.
2451 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
2452 Security Act means that the person seeking to safeguard information has provided to the office
2453 a copy of a protective order, current court order prohibiting disclosure, current court order
2454 prohibiting or limiting the requesting person's contact with the party or child whose location is
2455 being sought, criminal order signed by a court of competent jurisdiction, an administrative
2456 order pursuant to Section [
2457 for any of the above.
2458 (d) Neither the state, the department, the office nor its employees shall be liable for any
2459 information released in accordance with this section.
2460 (6) Custodial or noncustodial parents or their legal representatives who are denied
2461 location information in accordance with Subsection (5) may serve the Office of Recovery
2462 Services to initiate an action to obtain the information.
2463 Section 41. Section 62A-16-102 is amended to read:
2464 62A-16-102. Definitions.
2465 (1) "Abuse" means the same as that term is defined in Section 80-1-102.
2466 (2) "Child" means the same as that term is defined in Section [
2467 (3) "Committee" means a fatality review committee that is formed under Section
2468 62A-16-202 or 62A-16-203.
2469 (4) "Dependency" means the same as that term is defined in Section [
2470 80-1-102.
2471 (5) [
2472 under Subsection 62A-16-201(6).
2473 (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
2474 places a child in serious or critical condition.
2475 (7) "Qualified individual" means an individual who:
2476 (a) at the time that the individual dies, is a resident of a facility or program that is
2477 owned or operated by the department or a division of the department;
2478 (b) (i) is in the custody of the department or a division of the department; and
2479 (ii) is placed in a residential placement by the department or a division of the
2480 department;
2481 (c) at the time that the individual dies, has an open case for the receipt of child welfare
2482 services, including:
2483 (i) an investigation for abuse, neglect, or dependency;
2484 (ii) foster care;
2485 (iii) in-home services; or
2486 (iv) substitute care;
2487 (d) had an open case for the receipt of child welfare services within one year before the
2488 day on which the individual dies;
2489 (e) was the subject of an accepted referral received by Adult Protective Services within
2490 one year before the day on which the individual dies, if:
2491 (i) the department or a division of the department is aware of the death; and
2492 (ii) the death is reported as a homicide, suicide, or an undetermined cause;
2493 (f) received services from, or under the direction of, the Division of Services for People
2494 with Disabilities within one year before the day on which the individual dies, unless the
2495 individual:
2496 (i) lived in the individual's home at the time of death; and
2497 (ii) the director of the Office of Quality and Design determines that the death was not
2498 in any way related to services that were provided by, or under the direction of, the department
2499 or a division of the department;
2500 (g) dies within 60 days after the day on which the individual is discharged from the
2501 Utah State Hospital, if the department is aware of the death;
2502 (h) is a child who:
2503 (i) suffers a near fatality; and
2504 (ii) is the subject of an open case for the receipt of child welfare services within one
2505 year before the day on which the child suffered the near fatality, including:
2506 (A) an investigation for abuse, neglect, or dependency;
2507 (B) foster care;
2508 (C) in-home services; or
2509 (D) substitute care; or
2510 (i) is designated as a qualified individual by the executive director.
2511 (8) "Neglect" means the same as that term is defined in Section 80-1-102.
2512 (9) "Substitute care" means the same as that term is defined in Section [
2513 80-1-102.
2514 Section 42. Section 62A-18-105 is amended to read:
2515 62A-18-105. Powers and duties of the office.
2516 The office shall:
2517 (1) monitor and evaluate the quality of services provided by the department including:
2518 (a) in accordance with Title 62A, Chapter 16, Fatality Review Act, monitoring,
2519 reviewing, and making recommendations relating to a fatality review;
2520 (b) overseeing the duties of the child protection ombudsman appointed under Section
2521 [
2522 (c) conducting internal evaluations of the quality of services provided by the
2523 department and service providers contracted with the department;
2524 (2) conduct investigations described in Section [
2525 (3) assist the department in developing an integrated human services system and
2526 implementing a system of care by:
2527 (a) designing and implementing a comprehensive continuum of services for individuals
2528 who receive services from the department or a service provider contracted with the department;
2529 (b) establishing and maintaining department contracts with public and private service
2530 providers;
2531 (c) establishing standards for the use of service providers who contract with the
2532 department;
2533 (d) coordinating a service provider network to be used within the department to ensure
2534 individuals receive the appropriate type of services;
2535 (e) centralizing the department's administrative operations; and
2536 (f) integrating, analyzing, and applying department-wide data and research to monitor
2537 the quality, effectiveness, and outcomes of services provided by the department.
2538 Section 43. Section 63A-17-902 is amended to read:
2539 63A-17-902. State agency work week.
2540 (1) Except as provided in Subsection (2), and subject to Subsection (3):
2541 (a) a state agency with five or more employees shall, at least nine hours per day on
2542 Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
2543 another entity of the state, a political subdivision, or the public:
2544 (i) in person;
2545 (ii) online; or
2546 (iii) by telephone; and
2547 (b) a state agency with fewer than five employees shall, at least eight hours per day on
2548 Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
2549 another entity of the state, a political subdivision, or the public:
2550 (i) in person;
2551 (ii) online; or
2552 (iii) by telephone.
2553 (2) (a) Subsection (1) does not require a state agency to operate a physical location, or
2554 provide a service, on a holiday established under Section 63G-1-301.
2555 (b) Except for a legal holiday established under Section 63G-1-301, the following state
2556 agencies shall operate at least one physical location, and as many physical locations as
2557 necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
2558 to provide a service required by statute to another entity of the state, a political subdivision, or
2559 the public:
2560 (i) the Division of Technology Services, created in Section 63A-16-103;
2561 (ii) the Division of Child and Family Services, created in Section [
2562 80-2-201; and
2563 (iii) the Office of Guardian Ad Litem, created in Section 78A-2-802.
2564 (3) A state agency shall make staff available, as necessary, to provide:
2565 (a) services incidental to a court or administrative proceeding, during the hours of
2566 operation of a court or administrative body, including:
2567 (i) testifying;
2568 (ii) the production of records or evidence; and
2569 (iii) other services normally available to a court or administrative body;
2570 (b) security services; and
2571 (c) emergency services.
2572 (4) This section does not limit the days or hours a state agency may operate.
2573 (5) To provide a service as required by Subsection (1), the chief administrative officer
2574 of a state agency may determine:
2575 (a) the number of physical locations, if any are required by this section, operating each
2576 day;
2577 (b) the daily hours of operation of a physical location;
2578 (c) the number of state agency employees who work per day; and
2579 (d) the hours a state agency employee works per day.
2580 (6) To provide a service as required by Subsection (2)(b), the chief administrative
2581 officer of a state agency, or a person otherwise designated by law, may determine:
2582 (a) the number of physical locations operating each day;
2583 (b) the daily hours of operation, as required by Subsection (2)(b), of each physical
2584 location;
2585 (c) the number of state agency employees who work per day; and
2586 (d) the hours a state agency employee works per day.
2587 (7) A state agency shall:
2588 (a) provide information, accessible from a conspicuous link on the home page of the
2589 state agency's website, on a method that a person may use to schedule an in-person meeting
2590 with a representative of the state agency; and
2591 (b) except as provided in Subsection (8), as soon as reasonably possible:
2592 (i) contact a person who makes a request for an in-person meeting; and
2593 (ii) when appropriate, schedule and hold an in-person meeting with the person that
2594 requests an in-person meeting.
2595 (8) A state agency is not required to comply with Subsection (7)(b) to the extent that
2596 the contact or meeting:
2597 (a) would constitute a conflict of interest;
2598 (b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
2599 Utah Procurement Code;
2600 (c) would violate an ethical requirement of the state agency or an employee of the state
2601 agency; or
2602 (d) would constitute a violation of law.
2603 Section 44. Section 63G-2-305 is amended to read:
2604 63G-2-305. Protected records.
2605 The following records are protected if properly classified by a governmental entity:
2606 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
2607 has provided the governmental entity with the information specified in Section 63G-2-309;
2608 (2) commercial information or nonindividual financial information obtained from a
2609 person if:
2610 (a) disclosure of the information could reasonably be expected to result in unfair
2611 competitive injury to the person submitting the information or would impair the ability of the
2612 governmental entity to obtain necessary information in the future;
2613 (b) the person submitting the information has a greater interest in prohibiting access
2614 than the public in obtaining access; and
2615 (c) the person submitting the information has provided the governmental entity with
2616 the information specified in Section 63G-2-309;
2617 (3) commercial or financial information acquired or prepared by a governmental entity
2618 to the extent that disclosure would lead to financial speculations in currencies, securities, or
2619 commodities that will interfere with a planned transaction by the governmental entity or cause
2620 substantial financial injury to the governmental entity or state economy;
2621 (4) records, the disclosure of which could cause commercial injury to, or confer a
2622 competitive advantage upon a potential or actual competitor of, a commercial project entity as
2623 defined in Subsection 11-13-103(4);
2624 (5) test questions and answers to be used in future license, certification, registration,
2625 employment, or academic examinations;
2626 (6) records, the disclosure of which would impair governmental procurement
2627 proceedings or give an unfair advantage to any person proposing to enter into a contract or
2628 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
2629 Subsection (6) does not restrict the right of a person to have access to, after the contract or
2630 grant has been awarded and signed by all parties:
2631 (a) a bid, proposal, application, or other information submitted to or by a governmental
2632 entity in response to:
2633 (i) an invitation for bids;
2634 (ii) a request for proposals;
2635 (iii) a request for quotes;
2636 (iv) a grant; or
2637 (v) other similar document; or
2638 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
2639 (7) information submitted to or by a governmental entity in response to a request for
2640 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
2641 the right of a person to have access to the information, after:
2642 (a) a contract directly relating to the subject of the request for information has been
2643 awarded and signed by all parties; or
2644 (b) (i) a final determination is made not to enter into a contract that relates to the
2645 subject of the request for information; and
2646 (ii) at least two years have passed after the day on which the request for information is
2647 issued;
2648 (8) records that would identify real property or the appraisal or estimated value of real
2649 or personal property, including intellectual property, under consideration for public acquisition
2650 before any rights to the property are acquired unless:
2651 (a) public interest in obtaining access to the information is greater than or equal to the
2652 governmental entity's need to acquire the property on the best terms possible;
2653 (b) the information has already been disclosed to persons not employed by or under a
2654 duty of confidentiality to the entity;
2655 (c) in the case of records that would identify property, potential sellers of the described
2656 property have already learned of the governmental entity's plans to acquire the property;
2657 (d) in the case of records that would identify the appraisal or estimated value of
2658 property, the potential sellers have already learned of the governmental entity's estimated value
2659 of the property; or
2660 (e) the property under consideration for public acquisition is a single family residence
2661 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
2662 the property as required under Section 78B-6-505;
2663 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
2664 compensated transaction of real or personal property including intellectual property, which, if
2665 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
2666 of the subject property, unless:
2667 (a) the public interest in access is greater than or equal to the interests in restricting
2668 access, including the governmental entity's interest in maximizing the financial benefit of the
2669 transaction; or
2670 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
2671 the value of the subject property have already been disclosed to persons not employed by or
2672 under a duty of confidentiality to the entity;
2673 (10) records created or maintained for civil, criminal, or administrative enforcement
2674 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
2675 release of the records:
2676 (a) reasonably could be expected to interfere with investigations undertaken for
2677 enforcement, discipline, licensing, certification, or registration purposes;
2678 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
2679 proceedings;
2680 (c) would create a danger of depriving a person of a right to a fair trial or impartial
2681 hearing;
2682 (d) reasonably could be expected to disclose the identity of a source who is not
2683 generally known outside of government and, in the case of a record compiled in the course of
2684 an investigation, disclose information furnished by a source not generally known outside of
2685 government if disclosure would compromise the source; or
2686 (e) reasonably could be expected to disclose investigative or audit techniques,
2687 procedures, policies, or orders not generally known outside of government if disclosure would
2688 interfere with enforcement or audit efforts;
2689 (11) records the disclosure of which would jeopardize the life or safety of an
2690 individual;
2691 (12) records the disclosure of which would jeopardize the security of governmental
2692 property, governmental programs, or governmental recordkeeping systems from damage, theft,
2693 or other appropriation or use contrary to law or public policy;
2694 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
2695 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
2696 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
2697 (14) records that, if disclosed, would reveal recommendations made to the Board of
2698 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
2699 Board of Pardons and Parole, or the Department of Human Services that are based on the
2700 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
2701 jurisdiction;
2702 (15) records and audit workpapers that identify audit, collection, and operational
2703 procedures and methods used by the State Tax Commission, if disclosure would interfere with
2704 audits or collections;
2705 (16) records of a governmental audit agency relating to an ongoing or planned audit
2706 until the final audit is released;
2707 (17) records that are subject to the attorney client privilege;
2708 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
2709 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
2710 quasi-judicial, or administrative proceeding;
2711 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
2712 from a member of the Legislature; and
2713 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
2714 legislative action or policy may not be classified as protected under this section; and
2715 (b) (i) an internal communication that is part of the deliberative process in connection
2716 with the preparation of legislation between:
2717 (A) members of a legislative body;
2718 (B) a member of a legislative body and a member of the legislative body's staff; or
2719 (C) members of a legislative body's staff; and
2720 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
2721 legislative action or policy may not be classified as protected under this section;
2722 (20) (a) records in the custody or control of the Office of Legislative Research and
2723 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
2724 legislation or contemplated course of action before the legislator has elected to support the
2725 legislation or course of action, or made the legislation or course of action public; and
2726 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
2727 Office of Legislative Research and General Counsel is a public document unless a legislator
2728 asks that the records requesting the legislation be maintained as protected records until such
2729 time as the legislator elects to make the legislation or course of action public;
2730 (21) research requests from legislators to the Office of Legislative Research and
2731 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
2732 in response to these requests;
2733 (22) drafts, unless otherwise classified as public;
2734 (23) records concerning a governmental entity's strategy about:
2735 (a) collective bargaining; or
2736 (b) imminent or pending litigation;
2737 (24) records of investigations of loss occurrences and analyses of loss occurrences that
2738 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
2739 Uninsured Employers' Fund, or similar divisions in other governmental entities;
2740 (25) records, other than personnel evaluations, that contain a personal recommendation
2741 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
2742 personal privacy, or disclosure is not in the public interest;
2743 (26) records that reveal the location of historic, prehistoric, paleontological, or
2744 biological resources that if known would jeopardize the security of those resources or of
2745 valuable historic, scientific, educational, or cultural information;
2746 (27) records of independent state agencies if the disclosure of the records would
2747 conflict with the fiduciary obligations of the agency;
2748 (28) records of an institution within the state system of higher education defined in
2749 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
2750 retention decisions, and promotions, which could be properly discussed in a meeting closed in
2751 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
2752 the final decisions about tenure, appointments, retention, promotions, or those students
2753 admitted, may not be classified as protected under this section;
2754 (29) records of the governor's office, including budget recommendations, legislative
2755 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
2756 policies or contemplated courses of action before the governor has implemented or rejected
2757 those policies or courses of action or made them public;
2758 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
2759 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
2760 recommendations in these areas;
2761 (31) records provided by the United States or by a government entity outside the state
2762 that are given to the governmental entity with a requirement that they be managed as protected
2763 records if the providing entity certifies that the record would not be subject to public disclosure
2764 if retained by it;
2765 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
2766 public body except as provided in Section 52-4-206;
2767 (33) records that would reveal the contents of settlement negotiations but not including
2768 final settlements or empirical data to the extent that they are not otherwise exempt from
2769 disclosure;
2770 (34) memoranda prepared by staff and used in the decision-making process by an
2771 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
2772 other body charged by law with performing a quasi-judicial function;
2773 (35) records that would reveal negotiations regarding assistance or incentives offered
2774 by or requested from a governmental entity for the purpose of encouraging a person to expand
2775 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
2776 person or place the governmental entity at a competitive disadvantage, but this section may not
2777 be used to restrict access to a record evidencing a final contract;
2778 (36) materials to which access must be limited for purposes of securing or maintaining
2779 the governmental entity's proprietary protection of intellectual property rights including patents,
2780 copyrights, and trade secrets;
2781 (37) the name of a donor or a prospective donor to a governmental entity, including an
2782 institution within the state system of higher education defined in Section 53B-1-102, and other
2783 information concerning the donation that could reasonably be expected to reveal the identity of
2784 the donor, provided that:
2785 (a) the donor requests anonymity in writing;
2786 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
2787 classified protected by the governmental entity under this Subsection (37); and
2788 (c) except for an institution within the state system of higher education defined in
2789 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
2790 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
2791 over the donor, a member of the donor's immediate family, or any entity owned or controlled
2792 by the donor or the donor's immediate family;
2793 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
2794 73-18-13;
2795 (39) a notification of workers' compensation insurance coverage described in Section
2796 34A-2-205;
2797 (40) (a) the following records of an institution within the state system of higher
2798 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
2799 or received by or on behalf of faculty, staff, employees, or students of the institution:
2800 (i) unpublished lecture notes;
2801 (ii) unpublished notes, data, and information:
2802 (A) relating to research; and
2803 (B) of:
2804 (I) the institution within the state system of higher education defined in Section
2805 53B-1-102; or
2806 (II) a sponsor of sponsored research;
2807 (iii) unpublished manuscripts;
2808 (iv) creative works in process;
2809 (v) scholarly correspondence; and
2810 (vi) confidential information contained in research proposals;
2811 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
2812 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
2813 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
2814 (41) (a) records in the custody or control of the Office of the Legislative Auditor
2815 General that would reveal the name of a particular legislator who requests a legislative audit
2816 prior to the date that audit is completed and made public; and
2817 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
2818 Office of the Legislative Auditor General is a public document unless the legislator asks that
2819 the records in the custody or control of the Office of the Legislative Auditor General that would
2820 reveal the name of a particular legislator who requests a legislative audit be maintained as
2821 protected records until the audit is completed and made public;
2822 (42) records that provide detail as to the location of an explosive, including a map or
2823 other document that indicates the location of:
2824 (a) a production facility; or
2825 (b) a magazine;
2826 (43) information:
2827 (a) contained in the statewide database of the Division of Aging and Adult Services
2828 created by Section 62A-3-311.1; or
2829 (b) received or maintained in relation to the Identity Theft Reporting Information
2830 System (IRIS) established under Section 67-5-22;
2831 (44) information contained in the Licensing Information System described in [
2832
2833 (45) information regarding National Guard operations or activities in support of the
2834 National Guard's federal mission;
2835 (46) records provided by any pawn or secondhand business to a law enforcement
2836 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
2837 Secondhand Merchandise Transaction Information Act;
2838 (47) information regarding food security, risk, and vulnerability assessments performed
2839 by the Department of Agriculture and Food;
2840 (48) except to the extent that the record is exempt from this chapter pursuant to Section
2841 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
2842 prepared or maintained by the Division of Emergency Management, and the disclosure of
2843 which would jeopardize:
2844 (a) the safety of the general public; or
2845 (b) the security of:
2846 (i) governmental property;
2847 (ii) governmental programs; or
2848 (iii) the property of a private person who provides the Division of Emergency
2849 Management information;
2850 (49) records of the Department of Agriculture and Food that provides for the
2851 identification, tracing, or control of livestock diseases, including any program established under
2852 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
2853 of Animal Disease;
2854 (50) as provided in Section 26-39-501:
2855 (a) information or records held by the Department of Health related to a complaint
2856 regarding a child care program or residential child care which the department is unable to
2857 substantiate; and
2858 (b) information or records related to a complaint received by the Department of Health
2859 from an anonymous complainant regarding a child care program or residential child care;
2860 (51) unless otherwise classified as public under Section 63G-2-301 and except as
2861 provided under Section 41-1a-116, an individual's home address, home telephone number, or
2862 personal mobile phone number, if:
2863 (a) the individual is required to provide the information in order to comply with a law,
2864 ordinance, rule, or order of a government entity; and
2865 (b) the subject of the record has a reasonable expectation that this information will be
2866 kept confidential due to:
2867 (i) the nature of the law, ordinance, rule, or order; and
2868 (ii) the individual complying with the law, ordinance, rule, or order;
2869 (52) the portion of the following documents that contains a candidate's residential or
2870 mailing address, if the candidate provides to the filing officer another address or phone number
2871 where the candidate may be contacted:
2872 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
2873 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
2874 20A-9-408.5, 20A-9-502, or 20A-9-601;
2875 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
2876 (c) a notice of intent to gather signatures for candidacy, described in Section
2877 20A-9-408;
2878 (53) the name, home address, work addresses, and telephone numbers of an individual
2879 that is engaged in, or that provides goods or services for, medical or scientific research that is:
2880 (a) conducted within the state system of higher education, as defined in Section
2881 53B-1-102; and
2882 (b) conducted using animals;
2883 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
2884 Evaluation Commission concerning an individual commissioner's vote on whether or not to
2885 recommend that the voters retain a judge including information disclosed under Subsection
2886 78A-12-203(5)(e);
2887 (55) information collected and a report prepared by the Judicial Performance
2888 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
2889 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
2890 the information or report;
2891 (56) records provided or received by the Public Lands Policy Coordinating Office in
2892 furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
2893 (57) information requested by and provided to the 911 Division under Section
2894 63H-7a-302;
2895 (58) in accordance with Section 73-10-33:
2896 (a) a management plan for a water conveyance facility in the possession of the Division
2897 of Water Resources or the Board of Water Resources; or
2898 (b) an outline of an emergency response plan in possession of the state or a county or
2899 municipality;
2900 (59) the following records in the custody or control of the Office of Inspector General
2901 of Medicaid Services, created in Section 63A-13-201:
2902 (a) records that would disclose information relating to allegations of personal
2903 misconduct, gross mismanagement, or illegal activity of a person if the information or
2904 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
2905 through other documents or evidence, and the records relating to the allegation are not relied
2906 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
2907 report or final audit report;
2908 (b) records and audit workpapers to the extent they would disclose the identity of a
2909 person who, during the course of an investigation or audit, communicated the existence of any
2910 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
2911 regulation adopted under the laws of this state, a political subdivision of the state, or any
2912 recognized entity of the United States, if the information was disclosed on the condition that
2913 the identity of the person be protected;
2914 (c) before the time that an investigation or audit is completed and the final
2915 investigation or final audit report is released, records or drafts circulated to a person who is not
2916 an employee or head of a governmental entity for the person's response or information;
2917 (d) records that would disclose an outline or part of any investigation, audit survey
2918 plan, or audit program; or
2919 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
2920 investigation or audit;
2921 (60) records that reveal methods used by the Office of Inspector General of Medicaid
2922 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
2923 abuse;
2924 (61) information provided to the Department of Health or the Division of Occupational
2925 and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
2926 58-68-304(3) and (4);
2927 (62) a record described in Section 63G-12-210;
2928 (63) captured plate data that is obtained through an automatic license plate reader
2929 system used by a governmental entity as authorized in Section 41-6a-2003;
2930 (64) any record in the custody of the Utah Office for Victims of Crime relating to a
2931 victim, including:
2932 (a) a victim's application or request for benefits;
2933 (b) a victim's receipt or denial of benefits; and
2934 (c) any administrative notes or records made or created for the purpose of, or used to,
2935 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
2936 Reparations Fund;
2937 (65) an audio or video recording created by a body-worn camera, as that term is
2938 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
2939 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
2940 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
2941 that term is defined in Section 62A-2-101, except for recordings that:
2942 (a) depict the commission of an alleged crime;
2943 (b) record any encounter between a law enforcement officer and a person that results in
2944 death or bodily injury, or includes an instance when an officer fires a weapon;
2945 (c) record any encounter that is the subject of a complaint or a legal proceeding against
2946 a law enforcement officer or law enforcement agency;
2947 (d) contain an officer involved critical incident as defined in Subsection
2948 76-2-408(1)(f); or
2949 (e) have been requested for reclassification as a public record by a subject or
2950 authorized agent of a subject featured in the recording;
2951 (66) a record pertaining to the search process for a president of an institution of higher
2952 education described in Section 53B-2-102, except for application materials for a publicly
2953 announced finalist;
2954 (67) an audio recording that is:
2955 (a) produced by an audio recording device that is used in conjunction with a device or
2956 piece of equipment designed or intended for resuscitating an individual or for treating an
2957 individual with a life-threatening condition;
2958 (b) produced during an emergency event when an individual employed to provide law
2959 enforcement, fire protection, paramedic, emergency medical, or other first responder service:
2960 (i) is responding to an individual needing resuscitation or with a life-threatening
2961 condition; and
2962 (ii) uses a device or piece of equipment designed or intended for resuscitating an
2963 individual or for treating an individual with a life-threatening condition; and
2964 (c) intended and used for purposes of training emergency responders how to improve
2965 their response to an emergency situation;
2966 (68) records submitted by or prepared in relation to an applicant seeking a
2967 recommendation by the Research and General Counsel Subcommittee, the Budget
2968 Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
2969 employment position with the Legislature;
2970 (69) work papers as defined in Section 31A-2-204;
2971 (70) a record made available to Adult Protective Services or a law enforcement agency
2972 under Section 61-1-206;
2973 (71) a record submitted to the Insurance Department in accordance with Section
2974 31A-37-201;
2975 (72) a record described in Section 31A-37-503;
2976 (73) any record created by the Division of Occupational and Professional Licensing as
2977 a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
2978 (74) a record described in Section 72-16-306 that relates to the reporting of an injury
2979 involving an amusement ride;
2980 (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
2981 on a political petition, or on a request to withdraw a signature from a political petition,
2982 including a petition or request described in the following titles:
2983 (a) Title 10, Utah Municipal Code;
2984 (b) Title 17, Counties;
2985 (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
2986 (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
2987 (e) Title 20A, Election Code;
2988 (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
2989 a voter registration record;
2990 (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
2991 signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
2992 local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
2993 (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
2994 5, Victims Guidelines for Prosecutors Act;
2995 (79) a record submitted to the Insurance Department under Subsection
2996 31A-48-103(1)(b);
2997 (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
2998 prohibited under Section 63G-26-103;
2999 (81) (a) an image taken of an individual during the process of booking the individual
3000 into jail, unless:
3001 (i) the individual is convicted of a criminal offense based upon the conduct for which
3002 the individual was incarcerated at the time the image was taken;
3003 (ii) a law enforcement agency releases or disseminates the image after determining
3004 that:
3005 (A) the individual is a fugitive or an imminent threat to an individual or to public
3006 safety; and
3007 (B) releasing or disseminating the image will assist in apprehending the individual or
3008 reducing or eliminating the threat; or
3009 (iii) a judge orders the release or dissemination of the image based on a finding that the
3010 release or dissemination is in furtherance of a legitimate law enforcement interest.
3011 (82) a record:
3012 (a) concerning an interstate claim to the use of waters in the Colorado River system;
3013 (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
3014 representative from another state or the federal government as provided in Section
3015 63M-14-205; and
3016 (c) the disclosure of which would:
3017 (i) reveal a legal strategy relating to the state's claim to the use of the water in the
3018 Colorado River system;
3019 (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
3020 negotiate the best terms and conditions regarding the use of water in the Colorado River
3021 system; or
3022 (iii) give an advantage to another state or to the federal government in negotiations
3023 regarding the use of water in the Colorado River system; and
3024 (83) any part of an application described in Section 63N-16-201 that the Governor's
3025 Office of Economic Opportunity determines is nonpublic, confidential information that if
3026 disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
3027 not be used to restrict access to a record evidencing a final contract or approval decision.
3028 Section 45. Section 63I-1-262 is amended to read:
3029 63I-1-262. Repeal dates, Title 62A.
3030 (1) Section 62A-3-209 is repealed July 1, 2023.
3031 [
3032 [
3033 create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
3034 [
3035 [
3036 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
3037 is repealed January 1, 2023.
3038 [
3039 [
3040 for adult beds in the state hospital are repealed July 1, 2022.
3041 [
3042 Council, is repealed July 1, 2023.
3043 [
3044 Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
3045 [
3046 2023:
3047 (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
3048 (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
3049 the commission" is repealed;
3050 (c) Subsection 62A-15-1303(1), the language that states "In consultation with the
3051 commission," is repealed;
3052 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
3053 from the commission," is repealed; and
3054 (e) Subsection 62A-15-1702(6) is repealed.
3055 Section 46. Section 63I-1-280 is enacted to read:
3056 63I-1-280. Repeal dates, Title 80.
3057 Section 80-2-503.5 is repealed July 1, 2024.
3058 Section 47. Section 63J-1-602.1 is amended to read:
3059 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
3060 Appropriations made from the following accounts or funds are nonlapsing:
3061 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
3062 and Leadership Restricted Account created in Section 4-42-102.
3063 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
3064 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
3065 Section 9-18-102.
3066 (4) The National Professional Men's Soccer Team Support of Building Communities
3067 Restricted Account created in Section 9-19-102.
3068 (5) Funds collected for directing and administering the C-PACE district created in
3069 Section 11-42a-106.
3070 (6) Money received by the Utah Inland Port Authority, as provided in Section
3071 11-58-105.
3072 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
3073 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
3074 (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
3075 Section 19-2a-106.
3076 (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
3077 Section 19-5-126.
3078 (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
3079 Section 23-14-13.5.
3080 (12) Award money under the State Asset Forfeiture Grant Program, as provided under
3081 Section 24-4-117.
3082 (13) Funds collected from the program fund for local health department expenses
3083 incurred in responding to a local health emergency under Section 26-1-38.
3084 (14) The Children with Cancer Support Restricted Account created in Section
3085 26-21a-304.
3086 (15) State funds for matching federal funds in the Children's Health Insurance Program
3087 as provided in Section 26-40-108.
3088 (16) The Children with Heart Disease Support Restricted Account created in Section
3089 26-58-102.
3090 (17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
3091 (18) The Technology Development Restricted Account created in Section 31A-3-104.
3092 (19) The Criminal Background Check Restricted Account created in Section
3093 31A-3-105.
3094 (20) The Captive Insurance Restricted Account created in Section 31A-3-304, except
3095 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
3096 (21) The Title Licensee Enforcement Restricted Account created in Section
3097 31A-23a-415.
3098 (22) The Health Insurance Actuarial Review Restricted Account created in Section
3099 31A-30-115.
3100 (23) The Insurance Fraud Investigation Restricted Account created in Section
3101 31A-31-108.
3102 (24) The Underage Drinking Prevention Media and Education Campaign Restricted
3103 Account created in Section 32B-2-306.
3104 (25) The School Readiness Restricted Account created in Section 35A-15-203.
3105 (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
3106 products or services, as provided in Section 35A-13-202.
3107 (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
3108 (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
3109 (29) The Division of Oil, Gas, and Mining Restricted account created in Section
3110 40-6-23.
3111 (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
3112 the Motor Vehicle Division.
3113 (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
3114 created by Section 41-3-110 to the State Tax Commission.
3115 (32) The Utah Law Enforcement Memorial Support Restricted Account created in
3116 Section 53-1-120.
3117 (33) The State Disaster Recovery Restricted Account to the Division of Emergency
3118 Management, as provided in Section 53-2a-603.
3119 (34) The Department of Public Safety Restricted Account to the Department of Public
3120 Safety, as provided in Section 53-3-106.
3121 (35) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
3122 53-8-303.
3123 (36) The DNA Specimen Restricted Account created in Section 53-10-407.
3124 (37) The Canine Body Armor Restricted Account created in Section 53-16-201.
3125 (38) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
3126 (39) The Higher Education Capital Projects Fund created in Section 53B-22-202.
3127 (40) A certain portion of money collected for administrative costs under the School
3128 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
3129 (41) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
3130 subject to Subsection 54-5-1.5(4)(d).
3131 (42) Funds collected from a surcharge fee to provide certain licensees with access to an
3132 electronic reference library, as provided in Section 58-3a-105.
3133 (43) Certain fines collected by the Division of Occupational and Professional Licensing
3134 for violation of unlawful or unprofessional conduct that are used for education and enforcement
3135 purposes, as provided in Section 58-17b-505.
3136 (44) Funds collected from a surcharge fee to provide certain licensees with access to an
3137 electronic reference library, as provided in Section 58-22-104.
3138 (45) Funds collected from a surcharge fee to provide certain licensees with access to an
3139 electronic reference library, as provided in Section 58-55-106.
3140 (46) Funds collected from a surcharge fee to provide certain licensees with access to an
3141 electronic reference library, as provided in Section 58-56-3.5.
3142 (47) Certain fines collected by the Division of Occupational and Professional Licensing
3143 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
3144 Section 58-63-103.
3145 (48) The Relative Value Study Restricted Account created in Section 59-9-105.
3146 (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
3147 (50) Funds paid to the Division of Real Estate for the cost of a criminal background
3148 check for a mortgage loan license, as provided in Section 61-2c-202.
3149 (51) Funds paid to the Division of Real Estate for the cost of a criminal background
3150 check for principal broker, associate broker, and sales agent licenses, as provided in Section
3151 61-2f-204.
3152 (52) Certain funds donated to the Department of Human Services, as provided in
3153 Section 62A-1-111.
3154 (53) The National Professional Men's Basketball Team Support of Women and
3155 Children Issues Restricted Account created in Section 62A-1-202.
3156 (54) Certain funds donated to the Division of Child and Family Services, as provided
3157 in Section [
3158 (55) The Choose Life Adoption Support Restricted Account created in Section
3159 [
3160 (56) Funds collected by the Office of Administrative Rules for publishing, as provided
3161 in Section 63G-3-402.
3162 (57) The Immigration Act Restricted Account created in Section 63G-12-103.
3163 (58) Money received by the military installation development authority, as provided in
3164 Section 63H-1-504.
3165 (59) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
3166 (60) The Unified Statewide 911 Emergency Service Account created in Section
3167 63H-7a-304.
3168 (61) The Utah Statewide Radio System Restricted Account created in Section
3169 63H-7a-403.
3170 (62) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
3171 (63) The Motion Picture Incentive Account created in Section 63N-8-103.
3172 (64) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
3173 as provided under Section 63N-10-301.
3174 (65) Funds collected by the housing of state probationary inmates or state parole
3175 inmates, as provided in Subsection 64-13e-104(2).
3176 (66) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
3177 and State Lands, as provided in Section 65A-8-103.
3178 (67) The Transportation of Veterans to Memorials Support Restricted Account created
3179 in Section 71-14-102.
3180 (68) The Amusement Ride Safety Restricted Account, as provided in Section
3181 72-16-204.
3182 (69) Certain funds received by the Office of the State Engineer for well drilling fines or
3183 bonds, as provided in Section 73-3-25.
3184 (70) The Water Resources Conservation and Development Fund, as provided in
3185 Section 73-23-2.
3186 (71) Funds donated or paid to a juvenile court by private sources, as provided in
3187 Subsection 78A-6-203(1)(c).
3188 (72) Fees for certificate of admission created under Section 78A-9-102.
3189 (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
3190 78B-6-144, and 78B-6-144.5.
3191 (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
3192 Utah Indigent Defense Commission.
3193 (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
3194 Section 79-3-403.
3195 (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
3196 Park, and Green River State Park, as provided under Section 79-4-403.
3197 (77) Certain funds received by the Division of State Parks from the sale or disposal of
3198 buffalo, as provided under Section 79-4-1001.
3199 (78) The Drinking While Pregnant Prevention Media and Education Campaign
3200 Restricted Account created in Section 32B-2-308.
3201 Section 48. Section 67-5-16 is amended to read:
3202 67-5-16. Child protective services investigators within attorney general's office --
3203 Authority -- Training.
3204 (1) The attorney general may employ, with the consent of the Division of Child and
3205 Family Services within the Department of Human Services, and in accordance with Section
3206 [
3207 instances of abuse or neglect of a child that occur while a child is in the custody of the Division
3208 of Child and Family Services. Those investigators may also investigate reports of abuse or
3209 neglect of a child by an employee of the Department of Human Services, or involving a person
3210 or entity licensed to provide substitute care for children in the custody of the Division of Child
3211 and Family Services.
3212 (2) Attorneys who represent the Division of Child and Family Services under Section
3213 67-5-17, and child protective services investigators employed by the attorney general under
3214 Subsection (1), shall be trained on and implement into practice the following items, in order of
3215 preference and priority:
3216 (a) the priority of maintaining a child safely in the child's home, whenever possible;
3217 (b) the importance of:
3218 (i) kinship placement, in the event the child is removed from the home; and
3219 (ii) keeping sibling groups together, whenever practicable and in the best interests of
3220 the children;
3221 (c) the preference for kinship adoption over nonkinship adoption, if the parent-child
3222 relationship is legally terminated;
3223 (d) the potential for a guardianship placement if the parent-child relationship is legally
3224 terminated and no appropriate adoption placement is available; and
3225 (e) the use of an individualized permanency goal, only as a last resort.
3226 Section 49. Section 76-5-109 is amended to read:
3227 76-5-109. Child abuse -- Child abandonment.
3228 (1) As used in this section:
3229 (a) "Child" means a human being who is under 18 years of age.
3230 (b) (i) "Child abandonment" means that a parent or legal guardian of a child:
3231 (A) intentionally ceases to maintain physical custody of the child;
3232 (B) intentionally fails to make reasonable arrangements for the safety, care, and
3233 physical custody of the child; and
3234 (C) (I) intentionally fails to provide the child with food, shelter, or clothing;
3235 (II) manifests an intent to permanently not resume physical custody of the child; or
3236 (III) for a period of at least 30 days:
3237 (Aa) intentionally fails to resume physical custody of the child; and
3238 (Bb) fails to manifest a genuine intent to resume physical custody of the child.
3239 (ii) "Child abandonment" does not include:
3240 (A) safe relinquishment of a child pursuant to the provisions of Section [
3241 80-4-502; or
3242 (B) giving legal consent to a court order for termination of parental rights:
3243 (I) in a legal adoption proceeding; or
3244 (II) in a case where a petition for the termination of parental rights, or the termination
3245 of a guardianship, has been filed.
3246 (c) "Child abuse" means any offense described in Subsection (2), (3), or (4) or in
3247 Section 76-5-109.1.
3248 (d) "Enterprise" is as defined in Section 76-10-1602.
3249 (e) "Physical injury" means an injury to or condition of a child which impairs the
3250 physical condition of the child, including:
3251 (i) a bruise or other contusion of the skin;
3252 (ii) a minor laceration or abrasion;
3253 (iii) failure to thrive or malnutrition; or
3254 (iv) any other condition which imperils the child's health or welfare and which is not a
3255 serious physical injury as defined in Subsection (1)(f).
3256 (f) (i) "Serious physical injury" means any physical injury or set of injuries that:
3257 (A) seriously impairs the child's health;
3258 (B) involves physical torture;
3259 (C) causes serious emotional harm to the child; or
3260 (D) involves a substantial risk of death to the child.
3261 (ii) "Serious physical injury" includes:
3262 (A) fracture of any bone or bones;
3263 (B) intracranial bleeding, swelling or contusion of the brain, whether caused by blows,
3264 shaking, or causing the child's head to impact with an object or surface;
3265 (C) any burn, including burns inflicted by hot water, or those caused by placing a hot
3266 object upon the skin or body of the child;
3267 (D) any injury caused by use of a dangerous weapon as defined in Section 76-1-601;
3268 (E) any combination of two or more physical injuries inflicted by the same person,
3269 either at the same time or on different occasions;
3270 (F) any damage to internal organs of the body;
3271 (G) any conduct toward a child that results in severe emotional harm, severe
3272 developmental delay or intellectual disability, or severe impairment of the child's ability to
3273 function;
3274 (H) any injury that creates a permanent disfigurement or protracted loss or impairment
3275 of the function of a bodily member, limb, or organ;
3276 (I) any impediment of the breathing or the circulation of blood by application of
3277 pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, that is likely to
3278 produce a loss of consciousness;
3279 (J) any conduct that results in starvation or failure to thrive or malnutrition that
3280 jeopardizes the child's life; or
3281 (K) unconsciousness caused by the unlawful infliction of a brain injury or unlawfully
3282 causing any deprivation of oxygen to the brain.
3283 (2) Any person who inflicts upon a child serious physical injury or, having the care or
3284 custody of such child, causes or permits another to inflict serious physical injury upon a child is
3285 guilty of an offense as follows:
3286 (a) if done intentionally or knowingly, the offense is a felony of the second degree;
3287 (b) if done recklessly, the offense is a felony of the third degree; or
3288 (c) if done with criminal negligence, the offense is a class A misdemeanor.
3289 (3) Any person who inflicts upon a child physical injury or, having the care or custody
3290 of such child, causes or permits another to inflict physical injury upon a child is guilty of an
3291 offense as follows:
3292 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
3293 (b) if done recklessly, the offense is a class B misdemeanor; or
3294 (c) if done with criminal negligence, the offense is a class C misdemeanor.
3295 (4) A person who commits child abandonment, or encourages or causes another to
3296 commit child abandonment, or an enterprise that encourages, commands, or causes another to
3297 commit child abandonment, is:
3298 (a) except as provided in Subsection (4)(b), guilty of a felony of the third degree; or
3299 (b) guilty of a felony of the second degree, if, as a result of the child abandonment:
3300 (i) the child suffers a serious physical injury; or
3301 (ii) the person or enterprise receives, directly or indirectly, any benefit.
3302 (5) (a) In addition to the penalty described in Subsection (4)(b), the court may order the
3303 person or enterprise described in Subsection (4)(b)(ii) to pay the costs of investigating and
3304 prosecuting the offense and the costs of securing any forfeiture provided for under Subsection
3305 (5)(b).
3306 (b) Any tangible or pecuniary benefit received under Subsection (4)(b)(ii) is subject to
3307 criminal or civil forfeiture pursuant to Title 24, Forfeiture and Disposition of Property Act.
3308 (6) A parent or legal guardian who provides a child with treatment by spiritual means
3309 alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices
3310 of an established church or religious denomination of which the parent or legal guardian is a
3311 member or adherent shall not, for that reason alone, be considered to have committed an
3312 offense under this section.
3313 (7) A parent or guardian of a child does not violate this section by selecting a treatment
3314 option for the medical condition of the child, if the treatment option is one that a reasonable
3315 parent or guardian would believe to be in the best interest of the child.
3316 (8) A person is not guilty of an offense under this section for conduct that constitutes:
3317 (a) reasonable discipline or management of a child, including withholding privileges;
3318 (b) conduct described in Section 76-2-401; or
3319 (c) the use of reasonable and necessary physical restraint or force on a child:
3320 (i) in self-defense;
3321 (ii) in defense of others;
3322 (iii) to protect the child; or
3323 (iv) to remove a weapon in the possession of a child for any of the reasons described in
3324 Subsections (8)(c)(i) through (iii).
3325 Section 50. Section 76-5-701 is amended to read:
3326 76-5-701. Female genital mutilation definition.
3327 (1) As used in this part, female genital mutilation means any procedure that involves
3328 partial or total removal of the external female genitalia, or any harmful procedure to the female
3329 genitalia, including:
3330 (a) clitoridectomy;
3331 (b) the partial or total removal of the clitoris or the prepuce;
3332 (c) excision or the partial or total removal of the clitoris and the labia minora, with or
3333 without excision of the labia majora;
3334 (d) infibulation or the narrowing of the vaginal orifice with the creation of a covering
3335 seal by cutting and appositioning the labia minora or the labia majora, with or without excision
3336 of the clitoris;
3337 (e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
3338 (f) any other actions intended to alter the structure or function of the female genitalia
3339 for non-medical reasons.
3340 (2) Female genital mutilation is considered a form of child abuse for mandatory
3341 reporting under Section [
3342 Section 51. Section 76-5-703 is amended to read:
3343 76-5-703. Community education program.
3344 (1) The director of the Department of Health shall develop a community education
3345 program regarding female genital mutilation.
3346 (2) The program shall include:
3347 (a) education, prevention, and outreach materials regarding the health risks and
3348 emotional trauma inflicted by the practice of female genital mutilation;
3349 (b) ways to develop and disseminate information regarding recognizing the risk factors
3350 associated with female genital mutilation; and
3351 (c) training materials for law enforcement, teachers, and others who are mandated
3352 reporters under Section [
3353 (i) risk factors associated with female genital mutilation;
3354 (ii) signs that an individual may be a victim of female genital mutilation;
3355 (iii) best practices for responses to victims of female genital mutilation; and
3356 (iv) the criminal penalties associated with the facilitation or commission of female
3357 genital mutilation.
3358 Section 52. Section 76-7-302 is amended to read:
3359 76-7-302. Circumstances under which abortion authorized.
3360 (1) As used in this section, "viable" means that the unborn child has reached a stage of
3361 fetal development when the unborn child is potentially able to live outside the womb, as
3362 determined by the attending physician to a reasonable degree of medical certainty.
3363 (2) An abortion may be performed in this state only by a physician.
3364 (3) An abortion may be performed in this state only under the following circumstances:
3365 (a) the unborn child is not viable; or
3366 (b) the unborn child is viable, if:
3367 (i) the abortion is necessary to avert:
3368 (A) the death of the woman on whom the abortion is performed; or
3369 (B) a serious risk of substantial and irreversible impairment of a major bodily function
3370 of the woman on whom the abortion is performed;
3371 (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
3372 patient's medical record that the fetus:
3373 (A) has a defect that is uniformly diagnosable and uniformly lethal; or
3374 (B) has a severe brain abnormality that is uniformly diagnosable; or
3375 (iii) (A) the woman is pregnant as a result of:
3376 (I) rape, as described in Section 76-5-402;
3377 (II) rape of a child, as described in Section 76-5-402.1; or
3378 (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
3379 (B) before the abortion is performed, the physician who performs the abortion:
3380 (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to
3381 law enforcement; and
3382 (II) complies with the requirements of Section [
3383 (4) An abortion may be performed only in an abortion clinic or a hospital, unless it is
3384 necessary to perform the abortion in another location due to a medical emergency.
3385 Section 53. Section 76-8-318 is amended to read:
3386 76-8-318. Assault or threat of violence against child welfare worker -- Penalty.
3387 (1) As used in this section:
3388 (a) "Assault" means the same as that term is defined in Section 76-5-102.
3389 (b) "Child welfare worker" means an employee of the Division of Child and Family
3390 Services created in Section [
3391 (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
3392 (2) An individual who commits an assault or threat of violence against a child welfare
3393 worker is guilty of a class A misdemeanor if:
3394 (a) the individual is not:
3395 (i) a prisoner or an individual detained under Section 77-7-15; or
3396 (ii) a minor in the custody of or receiving services from a division within the
3397 Department of Human Services;
3398 (b) the individual knew that the victim was a child welfare worker; and
3399 (c) the child welfare worker was acting within the scope of the child welfare worker's
3400 authority at the time of the assault or threat of violence.
3401 (3) An individual who violates this section is guilty of a third degree felony if the
3402 individual:
3403 (a) causes substantial bodily injury, as defined in Section 76-1-601; and
3404 (b) acts intentionally or knowingly.
3405 Section 54. Section 76-8-418 is amended to read:
3406 76-8-418. Damaging jails or other places of confinement.
3407 (1) As used in this section:
3408 (a) "Child" means the same as that term is defined in Section 80-1-102.
3409 (b) "Detention facility" means the same as that term is defined in Section 80-1-102.
3410 (c) "Secure care facility" means the same as that term is defined in Section 80-1-102.
3411 (d) "Shelter facility" means the same as that term is defined in Section [
3412 80-1-102.
3413 (2) A person who willfully and intentionally breaks down, pulls down, destroys, floods,
3414 or otherwise damages any public jail or other place of confinement, including a detention
3415 facility, a shelter facility, or a secure care facility, is guilty of a felony of the third degree.
3416 (3) This section is applicable to a child who willfully and intentionally commits an
3417 offense against a public jail, a detention facility, a shelter facility, or a secure care facility.
3418 Section 55. Section 76-10-1315 is amended to read:
3419 76-10-1315. Safe harbor for children as victims in commercial sex or sexual
3420 solicitation.
3421 (1) As used in this section:
3422 (a) "Child engaged in commercial sex" means a child who:
3423 (i) engages, offers, or agrees to engage in any sexual activity with another individual
3424 for a fee, or the functional equivalent of a fee;
3425 (ii) takes steps in arranging a meeting through any form of advertising, agreeing to
3426 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
3427 or the functional equivalent of a fee; or
3428 (iii) loiters in or within view of any public place for the purpose of being hired to
3429 engage in sexual activity.
3430 (b) "Child engaged in sexual solicitation" means a child who offers or agrees to
3431 commit or engage in any sexual activity with another person for a fee or the functional
3432 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
3433 (c) "Division" means the Division of Child and Family Services created in Section
3434 [
3435 (d) "Juvenile receiving center" means the same as that term is defined in Section
3436 80-1-102.
3437 (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
3438 enforcement officer shall:
3439 (a) conduct an investigation regarding possible human trafficking of the child pursuant
3440 to Sections 76-5-308 and 76-5-308.5;
3441 (b) refer the child to the division;
3442 (c) bring the child to a juvenile receiving center, if available; and
3443 (d) contact the child's parent or guardian, if practicable.
3444 (3) When law enforcement refers a child to the division under Subsection (2)(b) the
3445 division shall provide services to the child under [
3446
3447 Protective Custody of a Child.
3448 (4) A child may not be subjected to delinquency proceedings for prostitution under
3449 Section 76-10-1302, or sex solicitation under Section 76-10-1313.
3450 Section 56. Section 77-36-5 is amended to read:
3451 77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
3452 Counseling -- Cost assessed against perpetrator -- Sentencing protective order --
3453 Continuous protective order.
3454 (1) When a perpetrator is found guilty of a crime involving domestic violence and a
3455 condition of the sentence restricts the perpetrator's contact with the victim, a sentencing
3456 protective order may be issued under Section 78B-7-804 for the length of the perpetrator's
3457 probation or a continuous protective order may be issued under Section 78B-7-804.
3458 (2) In determining the court's sentence, the court, in addition to penalties otherwise
3459 provided by law, may require the perpetrator to participate in an electronic or other type of
3460 monitoring program.
3461 (3) The court may also require the perpetrator to pay all or part of the costs of
3462 counseling incurred by the victim and any children affected by or exposed to the domestic
3463 violence offense, as well as the costs for the perpetrator's own counseling.
3464 (4) The court shall:
3465 (a) assess against the perpetrator, as restitution, any costs for services or treatment
3466 provided to the victim and affected child of the victim or the perpetrator by the Division of
3467 Child and Family Services under Section [
3468 (b) order those costs to be paid directly to the division or its contracted provider.
3469 (5) The court may order the perpetrator to obtain and satisfactorily complete treatment
3470 or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is
3471 licensed by the Department of Human Services.
3472 Section 57. Section 77-37-4 is amended to read:
3473 77-37-4. Additional rights -- Children.
3474 In addition to all rights afforded to victims and witnesses under this chapter, child
3475 victims and witnesses shall be afforded these rights:
3476 (1) Children have the right to protection from physical and emotional abuse during
3477 their involvement with the criminal justice process.
3478 (2) Children are not responsible for inappropriate behavior adults commit against them
3479 and have the right not to be questioned, in any manner, nor to have allegations made, implying
3480 this responsibility. Those who interview children have the responsibility to consider the
3481 interests of the child in this regard.
3482 (3) Child victims and witnesses have the right to have interviews relating to a criminal
3483 prosecution kept to a minimum. All agencies shall coordinate interviews and ensure that they
3484 are conducted by persons sensitive to the needs of children.
3485 (4) Child victims have the right to be informed of available community resources that
3486 might assist them and how to gain access to those resources. Law enforcement and prosecutors
3487 have the duty to ensure that child victims are informed of community resources, including
3488 counseling prior to the court proceeding, and have those services available throughout the
3489 criminal justice process.
3490 (5) (a) Child victims have the right, once an investigation has been initiated by law
3491 enforcement or the Division of Child and Family Services, to keep confidential their interviews
3492 that are conducted at a Children's Justice Center, including video and audio recordings, and
3493 transcripts of those recordings. Except as provided in Subsection (6), recordings and
3494 transcripts of interviews may not be distributed, released, or displayed to anyone without a
3495 court order.
3496 (b) A court order described in Subsection (5)(a):
3497 (i) shall describe with particularity to whom the recording or transcript of the interview
3498 may be released and prohibit further distribution or viewing by anyone not named in the order;
3499 and
3500 (ii) may impose restrictions on access to the materials considered reasonable to protect
3501 the privacy of the child victim.
3502 (c) A parent or guardian of the child victim may petition a juvenile or district court for
3503 an order allowing the parent or guardian to view a recording or transcript upon a finding of
3504 good cause. The order shall designate the agency that is required to display the recording or
3505 transcript to the parent or guardian and shall prohibit viewing by anyone not named in the
3506 order.
3507 (d) Following the conclusion of any legal proceedings in which the recordings or
3508 transcripts are used, the court shall order the recordings and transcripts in the court's file sealed
3509 and preserved.
3510 (6) (a) The following offices and their designated employees may distribute and receive
3511 a recording or transcript to and from one another without a court order:
3512 (i) the Division of Child and Family Services;
3513 (ii) administrative law judges employed by the Department of Human Services;
3514 (iii) Department of Human Services investigators investigating the Division of Child
3515 and Family Services or investigators authorized to investigate under Section [
3516 80-2-703;
3517 (iv) an office of the city attorney, county attorney, district attorney, or attorney general;
3518 (v) a law enforcement agency;
3519 (vi) a Children's Justice Center established under Section 67-5b-102; or
3520 (vii) the attorney for the child who is the subject of the interview.
3521 (b) In a criminal case or in a juvenile court in which the state is a party:
3522 (i) the parties may display and enter into evidence a recording or transcript in the
3523 course of a prosecution;
3524 (ii) the state's attorney may distribute a recording or transcript to the attorney for the
3525 defendant, pro se defendant, respondent, or pro se respondent pursuant to a valid request for
3526 discovery;
3527 (iii) the attorney for the defendant or respondent may do one or both of the following:
3528 (A) release the recording or transcript to an expert retained by the attorney for the
3529 defendant or respondent if the expert agrees in writing that the expert will not distribute,
3530 release, or display the recording or transcript to anyone without prior authorization from the
3531 court; or
3532 (B) permit the defendant or respondent to view the recording or transcript, but may not
3533 distribute or release the recording or transcript to the defendant or respondent; and
3534 (iv) the court shall advise a pro se defendant or respondent that a recording or
3535 transcript received as part of discovery is confidential and may not be distributed, released, or
3536 displayed without prior authorization from the court.
3537 (c) A court's failure to advise a pro se defendant or respondent that a recording or
3538 transcript received as part of discovery is confidential and may not be used as a defense to
3539 prosecution for a violation of the disclosure rule.
3540 (d) In an administrative case, pursuant to a written request, the Division of Child and
3541 Family Services may display, but may not distribute or release, a recording or transcript to the
3542 respondent or to the respondent's designated representative.
3543 (e) (i) Within two business days of a request from a parent or guardian of a child
3544 victim, an investigative agency shall allow the parent or guardian to view a recording after the
3545 conclusion of an interview, unless:
3546 (A) the suspect is a parent or guardian of the child victim;
3547 (B) the suspect resides in the home with the child victim; or
3548 (C) the investigative agency determines that allowing the parent or guardian to view
3549 the recording would likely compromise or impede the investigation.
3550 (ii) If the investigative agency determines that allowing the parent or guardian to view
3551 the recording would likely compromise or impede the investigation, the parent or guardian may
3552 petition a juvenile or district court for an expedited hearing on whether there is good cause for
3553 the court to enter an order allowing the parent or guardian to view the recording in accordance
3554 with Subsection (5)(c).
3555 (iii) A Children's Justice Center shall coordinate the viewing of the recording described
3556 in this Subsection (6)(e).
3557 (f) A multidisciplinary team assembled by a Children's Justice Center or an
3558 interdisciplinary team assembled by the Division of Child and Family Services may view a
3559 recording or transcript, but may not receive a recording or transcript.
3560 (g) A Children's Justice Center:
3561 (i) may distribute or display a recording or transcript to an authorized trainer or
3562 evaluator for purposes of training or evaluation; and
3563 (ii) may display, but may not distribute, a recording or transcript to an authorized
3564 trainee.
3565 (h) An authorized trainer or instructor may display a recording or transcript according
3566 to the terms of the authorized trainer's or instructor's contract with the Children's Justice Center
3567 or according to the authorized trainer's or instructor's scope of employment.
3568 (i) (i) In an investigation under Section 53E-6-506, in which a child victim who is the
3569 subject of the recording or transcript has alleged criminal conduct against an educator, a law
3570 enforcement agency may distribute or release the recording or transcript to an investigator
3571 operating under State Board of Education authorization, upon the investigator's written request.
3572 (ii) If the respondent in a case investigated under Section 53E-6-506 requests a hearing
3573 authorized under that section, the investigator operating under State Board of Education
3574 authorization may display, release, or distribute the recording or transcript to the prosecutor
3575 operating under State Board of Education authorization or to an expert retained by an
3576 investigator.
3577 (iii) Upon request for a hearing under Section 53E-6-506, a prosecutor operating under
3578 State Board of Education authorization may display the recording or transcript to a pro se
3579 respondent, to an attorney retained by the respondent, or to an expert retained by the
3580 respondent.
3581 (iv) The parties to a hearing authorized under Section 53E-6-506 may display and enter
3582 into evidence a recording or transcript in the course of a prosecution.
3583 (7) Except as otherwise provided in this section, it is a class B misdemeanor for any
3584 individual to distribute, release, or display any recording or transcript of an interview of a child
3585 victim conducted at a Children's Justice Center.
3586 Section 58. Section 77-38-204 is amended to read:
3587 77-38-204. Disclosure of confidential communications.
3588 Notwithstanding Title 53B, Chapter 28, Part 2, Confidential Communications for
3589 Institutional Advocacy Services Act, the confidential communication between a victim and a
3590 sexual assault counselor is available to a third person only when:
3591 (1) the victim is a minor and the counselor believes it is in the best interest of the
3592 victim to disclose the confidential communication to the victim's parents;
3593 (2) the victim is a minor and the minor's parents or guardian have consented to
3594 disclosure of the confidential communication to a third party based upon representations made
3595 by the counselor that it is in the best interest of the minor victim to make such disclosure;
3596 (3) the victim is not a minor, has given consent, and the counselor believes the
3597 disclosure is necessary to accomplish the desired result of counseling; or
3598 (4) the counselor has an obligation under [
3599
3600 Protective Custody of a Child, to report information transmitted in the confidential
3601 communication.
3602 Section 59. Section 78A-2-704 is amended to read:
3603 78A-2-704. Public policy regarding attorney guardian ad litem -- Training.
3604 (1) An attorney guardian ad litem may not presume that a child and the child's parent
3605 are adversaries.
3606 (2) An attorney guardian ad litem shall be trained on and implement into practice:
3607 (a) the parental rights and child and family protection principles provided in Section
3608 [
3609 (b) the fundamental liberties of parents and the public policy of the state to support
3610 family unification to the fullest extent possible;
3611 (c) the constitutionally protected rights of parents, in cases where the state is a party;
3612 (d) the use of a least restrictive means analysis regarding state claims of a compelling
3613 child welfare interest;
3614 (e) the priority of maintaining a child safely in the child's home, whenever possible;
3615 (f) the importance of:
3616 (i) kinship placement, in the event the child is removed from the home; and
3617 (ii) keeping sibling groups together, whenever practicable and in the best interests of
3618 the children;
3619 (g) the preference for kinship adoption over nonkinship adoption, if the parent-child
3620 relationship is legally terminated;
3621 (h) the potential for a guardianship placement if the parent-child relationship is legally
3622 terminated and no appropriate adoption placement is available; and
3623 (i) the use of an individualized permanency plan, only as a last resort.
3624 (3) The office shall implement policies and practice guidelines that reflect the priorities
3625 described in Subsections (2)(e) through (i) for the placement of children.
3626 Section 60. Section 78A-6-102 is amended to read:
3627 78A-6-102. Establishment of juvenile court -- Organization and status of court --
3628 Purpose.
3629 (1) There is established a juvenile court for the state.
3630 (2) (a) The juvenile court is a court of record.
3631 (b) The juvenile court shall have a seal.
3632 (c) The juvenile court's judges, clerks, and referees have the power to administer oaths
3633 and affirmations.
3634 (d) The juvenile court has the authority to issue search warrants, subpoenas, or
3635 investigative subpoenas under Section [
3636 Proceedings, and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Title 80,
3637 Chapter 4, Termination and Restoration of Parental Rights, and Title 80, Chapter 6, Juvenile
3638 Justice, for the same purposes and in the same manner as described in Title 77, Utah Code of
3639 Criminal Procedure, and the Utah Rules of Criminal Procedure, for the issuance of search
3640 warrants, subpoenas, or investigative subpoenas in other trial courts in the state.
3641 (3) The juvenile court is of equal status with the district courts of the state.
3642 (4) The juvenile court is established as a forum for the resolution of all matters
3643 properly brought before the juvenile court, consistent with applicable constitutional and
3644 statutory requirements of due process.
3645 (5) The purpose of the court under this chapter is to:
3646 (a) promote public safety and individual accountability by the imposition of
3647 appropriate sanctions on persons who have committed acts in violation of law;
3648 (b) order appropriate measures to promote guidance and control, preferably in the
3649 minor's own home, as an aid in the prevention of future unlawful conduct and the development
3650 of responsible citizenship;
3651 (c) where appropriate, order rehabilitation, reeducation, and treatment for persons who
3652 have committed acts bringing them within the court's jurisdiction;
3653 (d) adjudicate matters that relate to minors who are beyond parental or adult control
3654 and to establish appropriate authority over these minors by means of placement and control
3655 orders;
3656 (e) adjudicate matters that relate to abused, neglected, and dependent children and to
3657 provide care and protection for minors by placement, protection, and custody orders;
3658 (f) remove a minor from parental custody only where the minor's safety or welfare, or
3659 the public safety, may not otherwise be adequately safeguarded; and
3660 (g) consistent with the ends of justice, act in the best interests of the minor in all cases
3661 and preserve and strengthen family ties.
3662 Section 61. Section 78A-6-103 is amended to read:
3663 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
3664 Findings -- Transfer of a case from another court.
3665 (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
3666 78A-7-106(2), the juvenile court has original jurisdiction over:
3667 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
3668 state, or federal law, that was committed by a child; and
3669 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
3670 state, or federal law, that was committed by an individual:
3671 (i) who is under 21 years old at the time of all court proceedings; and
3672 (ii) who was under 18 years old at the time the offense was committed.
3673 (2) The juvenile court has original jurisdiction over any proceeding concerning:
3674 (a) a child who is an abused child, neglected child, or dependent child;
3675 (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
3676 Protective Orders;
3677 (c) the appointment of a guardian of the individual or other guardian of a minor who
3678 comes within the court's jurisdiction under other provisions of this section;
3679 (d) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
3680 (e) the termination of parental rights in accordance with Title 80, Chapter 4,
3681 Termination and Restoration of Parental Rights, including termination of residual parental
3682 rights and duties;
3683 (f) the treatment or commitment of a minor who has an intellectual disability;
3684 (g) the judicial consent to the marriage of a minor who is 16 or 17 years old in
3685 accordance with Section 30-1-9;
3686 (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
3687 (i) a minor under [
3688 Compact for Juveniles;
3689 (j) the treatment or commitment of a child with a mental illness;
3690 (k) the commitment of a child to a secure drug or alcohol facility in accordance with
3691 Section 62A-15-301;
3692 (l) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part
3693 4, Competency;
3694 (m) de novo review of final agency actions resulting from an informal adjudicative
3695 proceeding as provided in Section 63G-4-402;
3696 (n) adoptions conducted in accordance with the procedures described in Title 78B,
3697 Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
3698 terminating the rights of a parent and finds that adoption is in the best interest of the child;
3699 (o) an ungovernable or runaway child who is referred to the juvenile court by the
3700 Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
3701 Juvenile Justice Services, the child has demonstrated that the child:
3702 (i) is beyond the control of the child's parent, guardian, or custodian to the extent that
3703 the child's behavior or condition endangers the child's own welfare or the welfare of others; or
3704 (ii) has run away from home; and
3705 (p) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
3706 alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply
3707 with a promise to appear and bring a child to the juvenile court.
3708 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
3709 law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
3710 (2)(p).
3711 (4) This section does not restrict the right of access to the juvenile court by private
3712 agencies or other persons.
3713 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
3714 arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
3715 (6) The juvenile court has jurisdiction to make a finding of substantiated,
3716 unsubstantiated, or without merit, in accordance with Section 80-3-404.
3717 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
3718 another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
3719 Section 62. Section 78A-6-104 is amended to read:
3720 78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a
3721 protective order.
3722 (1) (a) The juvenile court has jurisdiction, concurrent with the district court:
3723 (i) to establish paternity, or to order testing for purposes of establishing paternity, for a
3724 child in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, when a
3725 proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency
3726 Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights, that
3727 involves the child;
3728 (ii) over a petition to modify a minor's birth certificate if the juvenile court has
3729 jurisdiction over the minor's case under Section 78A-6-103; and
3730 (iii) over questions of custody, support, and parent-time of a minor if the juvenile court
3731 has jurisdiction over the minor's case under Section 78A-6-103.
3732 (b) If the juvenile court obtains jurisdiction over a paternity action under Subsection
3733 (1)(a)(i), the juvenile court may:
3734 (i) retain jurisdiction over the paternity action until paternity of the child is adjudicated;
3735 or
3736 (ii) transfer jurisdiction over the paternity action to the district court.
3737 (2) (a) The juvenile court has jurisdiction, concurrent with the district court or the
3738 justice court otherwise having jurisdiction, over a criminal information filed under Part 4a,
3739 Adult Criminal Proceedings, for an adult alleged to have committed:
3740 (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to a
3741 minor;
3742 (ii) an offense under Section 53G-6-202, failure to comply with compulsory education
3743 requirements;
3744 (iii) an offense under Section [
3745 (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
3746 (v) an offense under Section 76-10-2301, contributing to the delinquency of a minor; or
3747 (vi) an offense under Section 80-5-601, harboring a runaway.
3748 (b) It is not necessary for a minor to be adjudicated for an offense or violation of the
3749 law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
3750 (2)(a).
3751 (3) (a) When a support, custody, or parent-time award has been made by a district court
3752 in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
3753 continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
3754 child comes within the jurisdiction of the juvenile court under Section 78A-6-103.
3755 (b) (i) The juvenile court may, by order, change the custody subject to Subsection
3756 30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
3757 necessary to implement the order of the juvenile court for the safety and welfare of the child.
3758 (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so long
3759 as the juvenile court continues to exercise jurisdiction.
3760 (c) If a copy of the findings and order of the juvenile court under this Subsection (3)
3761 are filed with the district court, the findings and order of the juvenile court are binding on the
3762 parties to the divorce action as though entered in the district court.
3763 (4) This section does not deprive the district court of jurisdiction to:
3764 (a) appoint a guardian for a child;
3765 (b) determine the support, custody, and parent-time of a child upon writ of habeas
3766 corpus; or
3767 (c) determine a question of support, custody, and parent-time that is incidental to the
3768 determination of an action in the district court.
3769 (5) A juvenile court may transfer a petition for a protective order for a child to the
3770 district court if the juvenile court has entered an ex parte protective order and finds that:
3771 (a) the petitioner and the respondent are the natural parent, adoptive parent, or step
3772 parent of the child who is the object of the petition;
3773 (b) the district court has a petition pending or an order related to custody or parent-time
3774 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 6, Cohabitant Abuse
3775 Protective Orders, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the
3776 petitioner and the respondent are parties; and
3777 (c) the best interests of the child will be better served in the district court.
3778 Section 63. Section 78A-6-209 is amended to read:
3779 78A-6-209. Court records -- Inspection.
3780 (1) The juvenile court and the juvenile court's probation department shall keep records
3781 as required by the board and the presiding judge.
3782 (2) A court record shall be open to inspection by:
3783 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
3784 in the case, the attorneys, and agencies to which custody of a minor has been transferred;
3785 (b) for information relating to adult offenders alleged to have committed a sexual
3786 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
3787 Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
3788 of evaluating whether an individual should be permitted to obtain or retain a license as an
3789 educator or serve as an employee or volunteer in a school, with the understanding that the State
3790 Board of Education must provide the individual with an opportunity to respond to any
3791 information gathered from the State Board of Education's inspection of the records before the
3792 State Board of Education makes a decision concerning licensure or employment;
3793 (c) the Criminal Investigations and Technical Services Division, established in Section
3794 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
3795 and establishing good character for issuance of a concealed firearm permit as provided in
3796 Section 53-5-704;
3797 (d) the Division of Child and Family Services for the purpose of Child Protective
3798 Services Investigations in accordance with Sections [
3799 and 80-2-701 and administrative hearings in accordance with Section [
3800 (e) the Office of Licensing for the purpose of conducting a background check in
3801 accordance with Section 62A-2-120;
3802 (f) for information related to a minor who has committed a sexual offense, a felony, or
3803 an offense that if committed by an adult would be a misdemeanor, the Department of Health
3804 for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
3805 licensee should be permitted to obtain or retain a license to provide child care, with the
3806 understanding that the department must provide the individual who committed the offense with
3807 an opportunity to respond to any information gathered from the Department of Health's
3808 inspection of records before the Department of Health makes a decision concerning licensure;
3809 (g) for information related to a minor who has committed a sexual offense, a felony, or
3810 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
3811 determine whether an individual meets the background screening requirements of Title 26,
3812 Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
3813 department must provide the individual who committed the offense an opportunity to respond
3814 to any information gathered from the Department of Health's inspection of records before the
3815 Department of Health makes a decision under that part; and
3816 (h) for information related to a minor who has committed a sexual offense, a felony, or
3817 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
3818 determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
3819 an individual who is seeking or who has obtained an emergency medical service personnel
3820 license under Section 26-8a-302, with the understanding that the Department of Health must
3821 provide the individual who committed the offense an opportunity to respond to any information
3822 gathered from the Department of Health's inspection of records before the Department of
3823 Health makes a determination.
3824 (3) With the consent of the juvenile court, a court record may be inspected by the child,
3825 by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
3826 research studies.
3827 (4) If a petition is filed charging a minor who is 14 years old or older with an offense
3828 that would be a felony if committed by an adult, the juvenile court shall make available to any
3829 person upon request the petition, any adjudication or disposition orders, and the delinquency
3830 history summary of the minor charged unless the records are closed by the juvenile court upon
3831 findings on the record for good cause.
3832 (5) A juvenile probation officer's records and reports of social and clinical studies are
3833 not open to inspection, except by consent of the juvenile court, given under rules adopted by
3834 the board.
3835 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
3836 retrieving a requested record that has been archived.
3837 Section 64. Section 78A-6-450 is amended to read:
3838 78A-6-450. Criminal information for an adult in juvenile court.
3839 A county attorney or district attorney may file a criminal information in the juvenile
3840 court charging an adult for:
3841 (1) unlawful sale or furnishing of an alcoholic product to minors in violation of Section
3842 32B-4-403;
3843 (2) failure to report abuse or neglect in violation of Section [
3844 (3) harboring a runaway in violation of Section 80-5-601;
3845 (4) misdemeanor custodial interference in violation of Section 76-5-303;
3846 (5) contributing to the delinquency of a minor in violation of Section 76-10-2301;
3847 (6) failure to comply with compulsory education requirements in violation of Section
3848 53G-6-202; or
3849 (7) a willful failure to perform a promise to appear under Subsection 78A-6-352(4)(b).
3850 Section 65. Section 78B-3-502 is amended to read:
3851 78B-3-502. Limitation of therapist's duty to warn.
3852 (1) A therapist has no duty to warn or take precautions to provide protection from any
3853 violent behavior of his client or patient, except when that client or patient communicated to the
3854 therapist an actual threat of physical violence against a clearly identified or reasonably
3855 identifiable victim. That duty shall be discharged if the therapist makes reasonable efforts to
3856 communicate the threat to the victim, and notifies a law enforcement officer or agency of the
3857 threat.
3858 (2) An action may not be brought against a therapist for breach of trust or privilege, or
3859 for disclosure of confidential information, based on a therapist's communication of information
3860 to a third party in an effort to discharge his duty in accordance with Subsection (1).
3861 (3) This section does not limit or affect a therapist's duty to report child abuse or
3862 neglect in accordance with Section [
3863 Section 66. Section 78B-6-103 is amended to read:
3864 78B-6-103. Definitions.
3865 As used in this part:
3866 (1) "Adoptee" means a person who:
3867 (a) is the subject of an adoption proceeding; or
3868 (b) has been legally adopted.
3869 (2) "Adoption" means the judicial act that:
3870 (a) creates the relationship of parent and child where it did not previously exist; and
3871 (b) except as provided in Subsections 78B-6-138(2) and (4), terminates the parental
3872 rights of any other person with respect to the child.
3873 (3) "Adoption document" means an adoption-related document filed with the office, a
3874 petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
3875 in support of a supplementary birth certificate.
3876 (4) "Adoption service provider" means:
3877 (a) a child-placing agency;
3878 (b) a licensed counselor who has at least one year of experience providing professional
3879 social work services to:
3880 (i) adoptive parents;
3881 (ii) prospective adoptive parents; or
3882 (iii) birth parents; or
3883 (c) the Office of Licensing within the Department of Human Services.
3884 (5) "Adoptive parent" means an individual who has legally adopted an adoptee.
3885 (6) "Adult" means an individual who is 18 years of age or older.
3886 (7) "Adult adoptee" means an adoptee who is 18 years of age or older and was adopted
3887 as a minor.
3888 (8) "Adult sibling" means an adoptee's brother or sister, who is 18 years of age or older
3889 and whose birth mother or father is the same as that of the adoptee.
3890 (9) "Birth mother" means the biological mother of a child.
3891 (10) "Birth parent" means:
3892 (a) a birth mother;
3893 (b) a man whose paternity of a child is established;
3894 (c) a man who:
3895 (i) has been identified as the father of a child by the child's birth mother; and
3896 (ii) has not denied paternity; or
3897 (d) an unmarried biological father.
3898 (11) "Child-placing agency" means an agency licensed to place children for adoption
3899 under Title 62A, [
3900 Facilities.
3901 (12) "Cohabiting" means residing with another person and being involved in a sexual
3902 relationship with that person.
3903 (13) "Division" means the Division of Child and Family Services, within the
3904 Department of Human Services, created in Section [
3905 (14) "Extra-jurisdictional child-placing agency" means an agency licensed to place
3906 children for adoption by a district, territory, or state of the United States, other than Utah.
3907 (15) "Genetic and social history" means a comprehensive report, when obtainable, that
3908 contains the following information on an adoptee's birth parents, aunts, uncles, and
3909 grandparents:
3910 (a) medical history;
3911 (b) health status;
3912 (c) cause of and age at death;
3913 (d) height, weight, and eye and hair color;
3914 (e) ethnic origins;
3915 (f) where appropriate, levels of education and professional achievement; and
3916 (g) religion, if any.
3917 (16) "Health history" means a comprehensive report of the adoptee's health status at the
3918 time of placement for adoption, and medical history, including neonatal, psychological,
3919 physiological, and medical care history.
3920 (17) "Identifying information" means information that is in the possession of the office
3921 and that contains the name and address of a pre-existing parent or an adult adoptee, or other
3922 specific information that by itself or in reasonable conjunction with other information may be
3923 used to identify a pre-existing parent or an adult adoptee, including information on a birth
3924 certificate or in an adoption document.
3925 (18) "Licensed counselor" means an individual who is licensed by the state, or another
3926 state, district, or territory of the United States as a:
3927 (a) certified social worker;
3928 (b) clinical social worker;
3929 (c) psychologist;
3930 (d) marriage and family therapist;
3931 (e) clinical mental health counselor; or
3932 (f) an equivalent licensed professional of another state, district, or territory of the
3933 United States.
3934 (19) "Man" means a male individual, regardless of age.
3935 (20) "Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
3936 (21) "Office" means the Office of Vital Records and Statistics within the Department
3937 of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
3938 (22) "Parent," for purposes of Section 78B-6-119, means any person described in
3939 Subsections 78B-6-120(1)(b) through (f) from whom consent for adoption or relinquishment
3940 for adoption is required under Sections 78B-6-120 through 78B-6-122.
3941 (23) "Potential birth father" means a man who:
3942 (a) is identified by a birth mother as a potential biological father of the birth mother's
3943 child, but whose genetic paternity has not been established; and
3944 (b) was not married to the biological mother of the child described in Subsection
3945 (23)(a) at the time of the child's conception or birth.
3946 (24) "Pre-existing parent" means:
3947 (a) a birth parent; or
3948 (b) an individual who, before an adoption decree is entered, is, due to an earlier
3949 adoption decree, legally the parent of the child being adopted.
3950 (25) "Prospective adoptive parent" means an individual who seeks to adopt an adoptee.
3951 (26) "Relative" means:
3952 (a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great
3953 uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or
3954 first cousin of a child's parent; and
3955 (b) in the case of a child defined as an "Indian child" under the Indian Child Welfare
3956 Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute.
3957 (27) "Unmarried biological father" means a man who:
3958 (a) is the biological father of a child; and
3959 (b) was not married to the biological mother of the child described in Subsection
3960 (27)(a) at the time of the child's conception or birth.
3961 Section 67. Section 78B-6-107 is amended to read:
3962 78B-6-107. Compliance with the Interstate Compact on Placement of Children --
3963 Compliance with the Indian Child Welfare Act.
3964 (1) (a) Subject to Subsection (1)(b), in any adoption proceeding the petition for
3965 adoption shall state whether the child was born in another state and, if so, both the petition and
3966 the court's final decree of adoption shall state that the requirements of [
3967
3968 Compact on Placement of Children, have been complied with.
3969 (b) Subsection (1)(a) does not apply if the prospective adoptive parent is not required
3970 to complete a preplacement adoptive evaluation under Section 78B-6-128.
3971 (2) In any adoption proceeding involving an "Indian child," as defined in 25 U.S.C.
3972 Sec. 1903, a child-placing agency and the petitioners shall comply with the Indian Child
3973 Welfare Act, Title 25, Chapter 21, of the United States Code.
3974 Section 68. Section 78B-6-124 is amended to read:
3975 78B-6-124. Persons who may take consents and relinquishments.
3976 (1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
3977 (a) a judge of any court that has jurisdiction over adoption proceedings;
3978 (b) subject to Subsection (6), a person appointed by the judge described in Subsection
3979 (1)(a) to take consents or relinquishments; or
3980 (c) subject to Subsection (6), a person who is authorized by a child-placing agency to
3981 take consents or relinquishments, if the consent or relinquishment grants legal custody of the
3982 child to a child-placing agency or an extra-jurisdictional child-placing agency.
3983 (2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it
3984 shall be signed before:
3985 (a) subject to Subsection (6), a person who is authorized by a child-placing agency to
3986 take consents or relinquishments, if the consent or relinquishment grants legal custody of the
3987 child to a child-placing agency or an extra-jurisdictional child-placing agency;
3988 (b) subject to Subsection (6), a person authorized or appointed to take consents or
3989 relinquishments by a court of this state that has jurisdiction over adoption proceedings;
3990 (c) a court that has jurisdiction over adoption proceedings in the state where the
3991 consent or relinquishment is taken; or
3992 (d) a person authorized, under the laws of the state where the consent or relinquishment
3993 is taken, to take consents or relinquishments of a birth mother or adoptee.
3994 (3) The consent or relinquishment of any other person or agency as required by Section
3995 78B-6-120 may be signed before a Notary Public or any person authorized to take a consent or
3996 relinquishment under Subsection (1) or (2).
3997 (4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments,
3998 shall certify to the best of his information and belief that the person executing the consent or
3999 relinquishment has read and understands the consent or relinquishment and has signed it freely
4000 and voluntarily.
4001 (5) A person executing a consent or relinquishment is entitled to receive a copy of the
4002 consent or relinquishment.
4003 (6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:
4004 (a) notarized; or
4005 (b) witnessed by two individuals who are not members of the birth mother's or the
4006 adoptee's immediate family.
4007 (7) Except as provided in Subsection [
4008 relinquishment from one child-placing agency to another child-placing agency shall be signed
4009 before a Notary Public.
4010 Section 69. Section 78B-6-128 is amended to read:
4011 78B-6-128. Preplacement adoptive evaluations -- Exceptions.
4012 (1) (a) Except as otherwise provided in this section, a child may not be placed in an
4013 adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
4014 parent and the prospective adoptive home, has been conducted in accordance with the
4015 requirements of this section.
4016 (b) Except as provided in Section 78B-6-131, the court may, at any time, authorize
4017 temporary placement of a child in a prospective adoptive home pending completion of a
4018 preplacement adoptive evaluation described in this section.
4019 (c) (i) Subsection (1)(a) does not apply if a pre-existing parent has legal custody of the
4020 child to be adopted and the prospective adoptive parent is related to that child or the
4021 pre-existing parent as a stepparent, sibling by half or whole blood or by adoption, grandparent,
4022 aunt, uncle, or first cousin, unless the court otherwise requests the preplacement adoption.
4023 (ii) The prospective adoptive parent described in this Subsection (1)(c) shall obtain the
4024 information described in Subsections (2)(a) and (b), and file that documentation with the court
4025 prior to finalization of the adoption.
4026 (d) (i) The preplacement adoptive evaluation shall be completed or updated within the
4027 12-month period immediately preceding the placement of a child with the prospective adoptive
4028 parent.
4029 (ii) If the prospective adoptive parent has previously received custody of a child for the
4030 purpose of adoption, the preplacement adoptive evaluation shall be completed or updated
4031 within the 12-month period immediately preceding the placement of a child with the
4032 prospective adoptive parent and after the placement of the previous child with the prospective
4033 adoptive parent.
4034 (2) The preplacement adoptive evaluation shall include:
4035 (a) a criminal history background check regarding each prospective adoptive parent
4036 and any other adult living in the prospective home, prepared no earlier than 18 months
4037 immediately preceding placement of the child in accordance with the following:
4038 (i) if the child is in state custody, each prospective adoptive parent and any other adult
4039 living in the prospective home shall submit fingerprints to the Department of Human Services,
4040 which shall perform a criminal history background check in accordance with Section
4041 62A-2-120; or
4042 (ii) subject to Subsection (3), if the child is not in state custody, an adoption service
4043 provider or an attorney representing a prospective adoptive parent shall submit fingerprints
4044 from the prospective adoptive parent and any other adult living in the prospective home to the
4045 Criminal and Technical Services Division of Public Safety for a regional and nationwide
4046 background check, to the Office of Licensing within the Department of Human Services for a
4047 background check in accordance with Section 62A-2-120, or to the Federal Bureau of
4048 Investigation;
4049 (b) a report containing all information regarding reports and investigations of child
4050 abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other
4051 adult living in the prospective home, obtained no earlier than 18 months immediately preceding
4052 the day on which the child is placed in the prospective home, pursuant to waivers executed by
4053 each prospective adoptive parent and any other adult living in the prospective home, that:
4054 (i) if the prospective adoptive parent or the adult living in the prospective adoptive
4055 parent's home is a resident of Utah, is prepared by the Department of Human Services from the
4056 records of the Department of Human Services; or
4057 (ii) if the prospective adoptive parent or the adult living in the prospective adoptive
4058 parent's home is not a resident of Utah, prepared by the Department of Human Services, or a
4059 similar agency in another state, district, or territory of the United States, where each
4060 prospective adoptive parent and any other adult living in the prospective home resided in the
4061 five years immediately preceding the day on which the child is placed in the prospective
4062 adoptive home;
4063 (c) in accordance with Subsection (6), a home study conducted by an adoption service
4064 provider that is:
4065 (i) an expert in family relations approved by the court;
4066 (ii) a certified social worker;
4067 (iii) a clinical social worker;
4068 (iv) a marriage and family therapist;
4069 (v) a psychologist;
4070 (vi) a social service worker, if supervised by a certified or clinical social worker;
4071 (vii) a clinical mental health counselor; or
4072 (viii) an Office of Licensing employee within the Department of Human Services who
4073 is trained to perform a home study; and
4074 (d) in accordance with Subsection (7), if the child to be adopted is a child who is in the
4075 custody of any public child welfare agency, and is a child who has a special need as defined in
4076 Section [
4077 the Department of Human Services or a child-placing agency that has entered into a contract
4078 with the department to conduct the preplacement adoptive evaluations for children with special
4079 needs.
4080 (3) For purposes of Subsection (2)(a)(ii), subject to Subsection (4), the criminal history
4081 background check described in Subsection (2)(a)(ii) shall be submitted in a manner acceptable
4082 to the court that will:
4083 (a) preserve the chain of custody of the results; and
4084 (b) not permit tampering with the results by a prospective adoptive parent or other
4085 interested party.
4086 (4) In order to comply with Subsection (3), the manner in which the criminal history
4087 background check is submitted shall be approved by the court.
4088 (5) Except as provided in Subsection 78B-6-131(2), in addition to the other
4089 requirements of this section, before a child in state custody is placed with a prospective foster
4090 parent or a prospective adoptive parent, the Department of Human Services shall comply with
4091 Section 78B-6-131.
4092 (6) (a) An individual described in Subsections (2)(c)(i) through (vii) shall be licensed
4093 to practice under the laws of:
4094 (i) this state; or
4095 (ii) the state, district, or territory of the United States where the prospective adoptive
4096 parent or other person living in the prospective adoptive home resides.
4097 (b) Neither the Department of Human Services nor any of the department's divisions
4098 may proscribe who qualifies as an expert in family relations or who may conduct a home study
4099 under Subsection (2)(c).
4100 (c) The home study described in Subsection (2)(c) shall be a written document that
4101 contains the following:
4102 (i) a recommendation to the court regarding the suitability of the prospective adoptive
4103 parent for placement of a child;
4104 (ii) a description of in-person interviews with the prospective adoptive parent, the
4105 prospective adoptive parent's children, and other individuals living in the home;
4106 (iii) a description of character and suitability references from at least two individuals
4107 who are not related to the prospective adoptive parent and with at least one individual who is
4108 related to the prospective adoptive parent;
4109 (iv) a medical history and a doctor's report, based upon a doctor's physical examination
4110 of the prospective adoptive parent, made within two years before the date of the application;
4111 and
4112 (v) a description of an inspection of the home to determine whether sufficient space
4113 and facilities exist to meet the needs of the child and whether basic health and safety standards
4114 are maintained.
4115 (7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is the
4116 responsibility of the adopting parent.
4117 (8) The person conducting the preplacement adoptive evaluation shall, in connection
4118 with the preplacement adoptive evaluation, provide the prospective adoptive parent with
4119 literature approved by the Division of Child and Family Services relating to adoption, including
4120 information relating to:
4121 (a) the adoption process;
4122 (b) developmental issues that may require early intervention; and
4123 (c) community resources that are available to the prospective adoptive parent.
4124 (9) A copy of the preplacement adoptive evaluation shall be filed with the court.
4125 Section 70. Section 78B-6-131 is amended to read:
4126 78B-6-131. Child in custody of state -- Placement.
4127 (1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as provided in
4128 Subsection (2), a child who is in the legal custody of the state may not be placed with a
4129 prospective foster parent or a prospective adoptive parent, unless, before the child is placed
4130 with the prospective foster parent or the prospective adoptive parent:
4131 (a) a fingerprint based FBI national criminal history records check is conducted on the
4132 prospective foster parent, prospective adoptive parent, and any other adult residing in the
4133 household;
4134 (b) the Department of Human Services conducts a check of the child abuse and neglect
4135 registry in each state where the prospective foster parent or prospective adoptive parent resided
4136 in the five years immediately preceding the day on which the prospective foster parent or
4137 prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
4138 whether the prospective foster parent or prospective adoptive parent is listed in the registry as
4139 having a substantiated or supported finding of child abuse or neglect;
4140 (c) the Department of Human Services conducts a check of the child abuse and neglect
4141 registry of each state where each adult living in the home of the prospective foster parent or
4142 prospective adoptive parent described in Subsection (1)(b) resided in the five years
4143 immediately preceding the day on which the prospective foster parent or prospective adoptive
4144 parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
4145 in the registry as having a substantiated or supported finding of child abuse or neglect; and
4146 (d) each person required to undergo a background check described in this section
4147 passes the background check, pursuant to the provisions of Section 62A-2-120.
4148 (2) The requirements under Subsection (1) do not apply to the extent that:
4149 (a) federal law or rule permits otherwise; or
4150 (b) the requirements would prohibit the division or a court from placing a child with:
4151 (i) a noncustodial parent, under Section [
4152 80-3-303; or
4153 (ii) a relative, under Section [
4154 completion of the background check described in Subsection (1).
4155 Section 71. Section 78B-6-207 is amended to read:
4156 78B-6-207. Minimum procedures for mediation.
4157 (1) A judge or court commissioner may refer to mediation any case for which the
4158 Judicial Council and Supreme Court have established a program or procedures. A party may
4159 file with the court an objection to the referral which may be granted for good cause.
4160 (2) (a) Unless all parties and the neutral or neutrals agree only parties, their
4161 representatives, and the neutral may attend the mediation sessions.
4162 (b) If the mediation session is in accordance with a referral under Section 80-3-206 or
4163 80-4-206, the ADR provider or ADR organization shall notify all parties to the proceeding and
4164 any person designated by a party. The ADR provider may notify any person whose rights may
4165 be affected by the mediated agreement or who may be able to contribute to the agreement. A
4166 party may request notice be provided to a person who is not a party.
4167 (3) (a) Except as provided in Subsection (3)(b), any settlement agreement between the
4168 parties as a result of mediation may be executed in writing, filed with the clerk of the court, and
4169 enforceable as a judgment of the court. If the parties stipulate to dismiss the action, any
4170 agreement to dismiss shall not be filed with the court.
4171 (b) With regard to mediation affecting any petition filed under Section 80-3-201 or
4172 80-4-201:
4173 (i) all settlement agreements and stipulations of the parties shall be filed with the court;
4174 (ii) all timelines, requirements, and procedures described in Title 80, Chapter 2, Child
4175 Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, Title 80,
4176 Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination
4177 and Restoration of Parental Rights, [
4178 shall be complied with; and
4179 (iii) the parties to the mediation may not agree to a result that could not have been
4180 ordered by the court in accordance with the procedures and requirements of Title 80, Chapter 2,
4181 Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, Title
4182 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4,
4183 Termination and Restoration of Parental Rights[
4184
4185 Section 72. Section 78B-6-208 is amended to read:
4186 78B-6-208. Confidentiality.
4187 (1) ADR proceedings shall be conducted in a manner that encourages informal and
4188 confidential exchange among the persons present to facilitate resolution of the dispute or a part
4189 of the dispute. ADR proceedings shall be closed unless the parties agree that the proceedings
4190 be open. ADR proceedings may not be recorded.
4191 (2) No evidence concerning the fact, conduct, or result of an ADR proceeding may be
4192 subject to discovery or admissible at any subsequent trial of the same case or same issues
4193 between the same parties.
4194 (3) No party to the case may introduce as evidence information obtained during an
4195 ADR proceeding unless the information was discovered from a source independent of the ADR
4196 proceeding.
4197 (4) Unless all parties and the neutral agree, no person attending an ADR proceeding,
4198 including the ADR provider or ADR organization, may disclose or be required to disclose any
4199 information obtained in the course of an ADR proceeding, including any memoranda, notes,
4200 records, or work product.
4201 (5) Except as provided, an ADR provider or ADR organization may not disclose or
4202 discuss any information about any ADR proceeding to anyone outside the proceeding,
4203 including the judge or judges to whom the case may be assigned. An ADR provider or an
4204 ADR organization may communicate information about an ADR proceeding with the director
4205 for the purposes of training, program management, or program evaluation and when consulting
4206 with a peer. In making those communications, the ADR provider or ADR organization shall
4207 render anonymous all identifying information.
4208 (6) Nothing in this section limits or affects the responsibility to report child abuse or
4209 neglect in accordance with Section [
4210 (7) Records of ADR proceedings under this chapter or under Title 78B, Chapter 11,
4211 Utah Uniform Arbitration Act, may not be subject to Title 63G, Chapter 2, Government
4212 Records Access and Management Act, except settlement agreements filed with the court after
4213 conclusion of an ADR proceeding or awards filed with the court after the period for filing a
4214 demand for trial de novo has expired.
4215 Section 73. Section 78B-10-106 is amended to read:
4216 78B-10-106. Exceptions to privilege.
4217 (1) There is no privilege under Section 78B-10-104 for a mediation communication
4218 that is:
4219 (a) in an agreement evidenced by a record signed by all parties to the agreement;
4220 (b) available to the public under Title 63G, Chapter 2, Government Records Access
4221 and Management Act, or made during a mediation session which is open, or is required by law
4222 to be open, to the public;
4223 (c) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
4224 (d) intentionally used to plan a crime, attempt to commit or commit a crime, or to
4225 conceal an ongoing crime or ongoing criminal activity;
4226 (e) sought or offered to prove or disprove a claim or complaint of professional
4227 misconduct or malpractice filed against a mediator;
4228 (f) except as otherwise provided in Subsection (3), sought or offered to prove or
4229 disprove a claim or complaint of professional misconduct or malpractice filed against a
4230 mediation party, nonparty participant, or representative of a party based on conduct occurring
4231 during a mediation; or
4232 (g) subject to the reporting requirements in Section 62A-3-305 or [
4233 80-2-602.
4234 (2) There is no privilege under Section 78B-10-104 if a court, administrative agency, or
4235 arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of
4236 the evidence has shown that:
4237 (a) the evidence is not otherwise available;
4238 (b) there is a need for the evidence that substantially outweighs the interest in
4239 protecting confidentiality; and
4240 (c) the mediation communication is sought or offered in:
4241 (i) a court proceeding involving a felony or misdemeanor; or
4242 (ii) except as otherwise provided in Subsection (3), a proceeding to prove a claim to
4243 rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
4244 (3) A mediator may not be compelled to provide evidence of a mediation
4245 communication referred to in Subsection (1)(f) or (2)(c)(ii).
4246 (4) If a mediation communication is not privileged under Subsection (1) or (2), only
4247 the portion of the communication necessary for the application of the exception from
4248 nondisclosure may be admitted. Admission of evidence under Subsection (1) or (2) does not
4249 render the evidence, or any other mediation communication, discoverable or admissible for any
4250 other purpose.
4251 Section 74. Section 80-3-107 is amended to read:
4252 80-3-107. Disclosure of records -- Record sharing.
4253 (1) (a) Except as provided in Subsections (1)(c) through (e), in an abuse, neglect, or
4254 dependency proceeding occurring after the commencement of a shelter hearing under Section
4255 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the
4256 proceeding shall provide in writing to any other party or the other party's counsel any
4257 information that the party:
4258 (i) plans to report to the juvenile court at the proceeding; or
4259 (ii) could reasonably expect would be requested of the party by the juvenile court at the
4260 proceeding.
4261 (b) A party providing the disclosure required under Subsection (1)(a) shall make the
4262 disclosure:
4263 (i) for a dispositional hearing under Part 4, Adjudication, Disposition, and Permanency,
4264 no less than five days before the day on which the dispositional hearing is held; and
4265 (ii) for all other proceedings, no less than five days before the day on which the
4266 proceeding is held.
4267 (c) The division is not required to provide a court report or a child and family plan
4268 described in Section [
4269 (i) the information is electronically filed with the juvenile court; and
4270 (ii) each party to the proceeding has access to the electronically filed information.
4271 (d) If a party to a proceeding obtains information after the deadline described in
4272 Subsection (1)(b), the information is exempt from the disclosure required under Subsection
4273 (1)(a) if the party certifies to the juvenile court that the information was obtained after the
4274 deadline.
4275 (e) Subsection (1)(a) does not apply to:
4276 (i) pretrial hearings; and
4277 (ii) the frequent, periodic review hearings held in a dependency drug court case to
4278 assess and promote the parent's progress in substance use disorder treatment.
4279 (2) (a) Except as provided in Subsection (2)(b), and notwithstanding any other
4280 provision of law:
4281 (i) counsel for all parties to the action shall be given access to all records, maintained
4282 by the division or any other state or local public agency, that are relevant to the abuse, neglect,
4283 or dependency proceeding under this chapter; and
4284 (ii) if the natural parent of a child is not represented by counsel, the natural parent shall
4285 have access to the records described in Subsection (2)(a)(i).
4286 (b) The disclosures described in Subsection (2)(a) are not required if:
4287 (i) subject to Subsection (2)(c), the division or other state or local public agency did not
4288 originally create the record being requested;
4289 (ii) disclosure of the record would jeopardize the life or physical safety of a child who
4290 has been a victim of abuse or neglect, or any individual who provided substitute care for the
4291 child;
4292 (iii) disclosure of the record would jeopardize the anonymity of the individual making
4293 the initial report of abuse or neglect or any others involved in the subsequent investigation;
4294 (iv) disclosure of the record would jeopardize the life or physical safety of an
4295 individual who has been a victim of domestic violence; or
4296 (v) the record is a Children's Justice Center interview, including a video or audio
4297 recording, and a transcript of the recording, the release of which is governed by Section
4298 77-37-4.
4299 (c) If a disclosure is denied under Subsection (2)(b)(i), the division shall inform the
4300 individual making the request:
4301 (i) of the existence of all records in the possession of the division or any other state or
4302 local public agency;
4303 (ii) of the name and address of the individual or agency that originally created the
4304 record; and
4305 (iii) that the individual making the request must seek access to the record from the
4306 individual or agency that originally created the record.
4307 Section 75. Section 80-3-204 is amended to read:
4308 80-3-204. Protective custody of a child after a petition is filed -- Grounds.
4309 (1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall
4310 apply, in addressing the petition, the least restrictive means and alternatives available to
4311 accomplish a compelling state interest and to prevent irretrievable destruction of family life as
4312 described in Subsections [
4313 80-4-104.
4314 (2) After an abuse, neglect, or dependency petition is filed, if the child who is the
4315 subject of the petition is not in protective custody, a juvenile court may order that the child be
4316 removed from the child's home or otherwise taken into protective custody if the juvenile court
4317 finds, by a preponderance of the evidence, that any one or more of the following circumstances
4318 exist:
4319 (a) (i) there is an imminent danger to the physical health or safety of the child; and
4320 (ii) the child's physical health or safety may not be protected without removing the
4321 child from the custody of the child's parent or guardian;
4322 (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
4323 that causes the child to suffer harm; and
4324 (ii) there are no less restrictive means available by which the child's emotional health
4325 may be protected without removing the child from the custody of the child's parent or guardian;
4326 (c) the child or another child residing in the same household has been, or is considered
4327 to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
4328 parent or guardian, a member of the parent's or guardian's household, or other individual
4329 known to the parent or guardian;
4330 (d) the parent or guardian is unwilling to have physical custody of the child;
4331 (e) the child is abandoned or left without any provision for the child's support;
4332 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
4333 or cannot arrange for safe and appropriate care for the child;
4334 (g) (i) a relative or other adult custodian with whom the child is left by the parent or
4335 guardian is unwilling or unable to provide care or support for the child;
4336 (ii) the whereabouts of the parent or guardian are unknown; and
4337 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
4338 (h) subject to Subsection 80-1-102[
4339 the child is in immediate need of medical care;
4340 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
4341 environment that poses a serious risk to the child's health or safety for which immediate
4342 remedial or preventive action is necessary; or
4343 (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
4344 a threat to the child's health or safety;
4345 (j) the child or another child residing in the same household has been neglected;
4346 (k) the child's natural parent:
4347 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
4348 child;
4349 (ii) is identified by a law enforcement agency as the primary suspect in an investigation
4350 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4351 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
4352 recklessly causing the death of another parent of the child;
4353 (l) an infant [
4354 80-4-203;
4355 (m) (i) the parent or guardian, or an adult residing in the same household as the parent
4356 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
4357 Act; and
4358 (ii) any clandestine laboratory operation was located in the residence or on the property
4359 where the child resided; or
4360 (n) the child's welfare is otherwise endangered.
4361 (3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
4362 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
4363 occurs involving the same substantiated abuser or under similar circumstance as the previous
4364 abuse, that fact is prima facie evidence that the child cannot safely remain in the custody of the
4365 child's parent.
4366 (b) For purposes of Subsection (2)(c):
4367 (i) another child residing in the same household may not be removed from the home
4368 unless that child is considered to be at substantial risk of being physically abused, sexually
4369 abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii); and
4370 (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
4371 or sexual exploitation by an individual known to the parent has occurred, and there is evidence
4372 that the parent or guardian failed to protect the child, after having received the notice, by
4373 allowing the child to be in the physical presence of the alleged abuser, that fact is prima facie
4374 evidence that the child is at substantial risk of being physically abused, sexually abused, or
4375 sexually exploited.
4376 (4) (a) For purposes of Subsection (2), if the division files an abuse, neglect, or
4377 dependency petition, the juvenile court shall consider the division's safety and risk assessments
4378 described in Section [
4379 from the custody of the child's parent or guardian or should otherwise be taken into protective
4380 custody.
4381 (b) The division shall make a diligent effort to provide the safety and risk assessments
4382 described in Section [
4383 counsel for the parent or guardian, as soon as practicable before the shelter hearing described in
4384 Section 80-3-301.
4385 (5) In the absence of one of the factors described in Subsection (2), a juvenile court
4386 may not remove a child from the parent's or guardian's custody on the basis of:
4387 (a) educational neglect, truancy, or failure to comply with a court order to attend
4388 school;
4389 (b) mental illness or poverty of the parent or guardian;
4390 (c) disability of the parent or guardian, as defined in Section 57-21-2; or
4391 (d) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
4392 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
4393 dosage form, or a medical cannabis device, as those terms are defined in Section 26-61a-102.
4394 (6) A child removed from the custody of the child's parent or guardian under this
4395 section may not be placed or kept in detention, unless the child may be admitted to detention
4396 under Chapter 6, Part 2, Custody and Detention.
4397 (7) This section does not preclude removal of a child from the child's home without a
4398 warrant or court order under Section [
4399 (8) (a) Except as provided in Subsection (8)(b), a juvenile court and the division may
4400 not remove a child from the custody of the child's parent or guardian on the sole or primary
4401 basis that the parent or guardian refuses to consent to:
4402 (i) the administration of a psychotropic medication to a child;
4403 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
4404 (iii) a psychiatric or behavioral health evaluation of a child.
4405 (b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a
4406 child under conditions that would otherwise be prohibited under Subsection (8)(a) if failure to
4407 take an action described under Subsection (8)(a) would present a serious, imminent risk to the
4408 child's physical safety or the physical safety of others.
4409 Section 76. Section 80-3-303 is amended to read:
4410 80-3-303. Post-shelter hearing placement of a child in division's temporary
4411 custody.
4412 (1) If the juvenile court awards temporary custody of a child to the division under
4413 Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing
4414 placement of the child.
4415 (2) In placing a child under Subsection (1), the division:
4416 (a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable
4417 background check provisions described in Section 80-3-302;
4418 (b) is not required to receive approval from the juvenile court before making the
4419 placement;
4420 (c) shall, within three days, excluding weekends and holidays, after the day on which
4421 the placement is made, give written notice to the juvenile court, and the parties to the
4422 proceedings, that the placement has been made;
4423 (d) may place the child with a noncustodial parent, relative, or friend, using the same
4424 criteria established for an emergency placement under Section [
4425 pending the results of:
4426 (i) the background check described in Subsection 80-3-302(14)(a); and
4427 (ii) evaluation with the noncustodial parent, relative, or friend to determine the
4428 individual's capacity to provide ongoing care to the child; and
4429 (e) shall take into consideration the will of the child, if the child is of sufficient
4430 maturity to articulate the child's wishes in relation to the child's placement.
4431 (3) If the division's placement decision differs from a child's express wishes if the child
4432 is of sufficient maturity to state the child's wishes in relation to the child's placement, the
4433 division shall make findings explaining why the division's decision differs from the child's
4434 wishes in a writing provided to the juvenile court and the child's attorney guardian ad litem.
4435 Section 77. Section 80-3-405 is amended to read:
4436 80-3-405. Dispositions after adjudication.
4437 (1) (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
4438 the dispositions described in Subsection (2) at the dispositional hearing.
4439 (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
4440 minor in the division or any other appropriate person, with or without court-specified child
4441 welfare services, in accordance with the requirements and procedures of this chapter.
4442 (ii) When placing a minor in the custody of the division or any other appropriate
4443 person, the juvenile court:
4444 (A) shall give primary consideration to the welfare of the minor;
4445 (B) shall give due consideration to the rights of the parent or parents concerning the
4446 minor; and
4447 (C) when practicable, may take into consideration the religious preferences of the
4448 minor and of the minor's parents or guardian.
4449 (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
4450 in the interest of the minor.
4451 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
4452 institution or agency, but not a nonsecure residential placement provider, in which legal
4453 custody of the minor is vested.
4454 (iii) When placing a minor under the guardianship of an individual or of a private
4455 agency or institution, the juvenile court:
4456 (A) shall give primary consideration to the welfare of the minor; and
4457 (B) when practicable, may take into consideration the religious preferences of the
4458 minor and of the minor's parents or guardian.
4459 (c) The juvenile court may order:
4460 (i) protective supervision;
4461 (ii) family preservation;
4462 (iii) sibling visitation; or
4463 (iv) other services.
4464 (d) (i) If a minor has been placed with an individual or relative as a result of an
4465 adjudication under this chapter, the juvenile court may enter an order of permanent legal
4466 custody and guardianship with the individual or relative of the minor.
4467 (ii) If a juvenile court enters an order of permanent custody and guardianship with an
4468 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
4469 accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
4470 against the natural parents of the minor.
4471 (iii) An order under this Subsection (2)(d):
4472 (A) shall remain in effect until the minor is 18 years old;
4473 (B) is not subject to review under Section 78A-6-358; and
4474 (C) may be modified by petition or motion as provided in Section 78A-6-357.
4475 (e) The juvenile court may order a child be committed to the physical custody, as
4476 defined in Section 62A-15-701, of a local mental health authority, in accordance with the
4477 procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under
4478 Age 18 to Division of Substance Abuse and Mental Health.
4479 (f) (i) If the child has an intellectual disability, the juvenile court may make an order
4480 committing a minor to the Utah State Developmental Center in accordance with Title 62A,
4481 Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
4482 Disability.
4483 (ii) The juvenile court shall follow the procedure applicable in the district court with
4484 respect to judicial commitments to the Utah State Developmental Center when ordering a
4485 commitment under Subsection (2)(f)(i).
4486 (g) (i) Subject to Subsection 80-1-102[
4487 court may order that a minor:
4488 (A) be examined or treated by a mental health therapist, as described in Section
4489 80-3-109; or
4490 (B) receive other special care.
4491 (ii) For purposes of receiving the examination, treatment, or care described in
4492 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
4493 facility that is not secure care or secure detention.
4494 (iii) In determining whether to order the examination, treatment, or care described in
4495 Subsection (2)(g)(i), the juvenile court shall consider:
4496 (A) the desires of the minor;
4497 (B) the desires of the parent or guardian of the minor if the minor is younger than 18
4498 years old; and
4499 (C) whether the potential benefits of the examination, treatment, or care outweigh the
4500 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
4501 function impairment, or emotional or physical harm resulting from the compulsory nature of
4502 the examination, treatment, or care.
4503 (h) The juvenile court may make other reasonable orders for the best interest of the
4504 minor.
4505 (3) Upon an adjudication under this chapter, the juvenile court may not:
4506 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
4507 Division of Juvenile Justice Services;
4508 (b) assume the function of developing foster home services; or
4509 (c) vest legal custody of an abused, neglected, or dependent minor in the division to
4510 primarily address the minor's ungovernable or other behavior, mental health, or disability,
4511 unless the division:
4512 (i) engages other relevant divisions within the department that are conducting an
4513 assessment of the minor and the minor's family's needs;
4514 (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
4515 custody of the minor in the division is the least restrictive intervention for the minor that meets
4516 the minor's needs; and
4517 (iii) consents to legal custody of the minor being vested in the division.
4518 (4) The juvenile court may combine the dispositions listed in Subsection (2) if
4519 combining the dispositions is permissible and the dispositions are compatible.
4520 Section 78. Section 80-3-407 is amended to read:
4521 80-3-407. Six-month review hearing -- Findings regarding reasonable efforts by
4522 division -- Findings regarding child and family plan compliance.
4523 If reunification efforts have been ordered by the juvenile court under Section 80-3-406,
4524 the juvenile court shall hold a hearing no more than six months after the day on which the
4525 minor is initially removed from the minor's home, in order for the juvenile court to determine
4526 whether:
4527 (1) the division has provided and is providing reasonable efforts to reunify the family
4528 in accordance with the child and family plan established under Section [
4529 and
4530 (2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order
4531 to comply with the requirements of the child and family plan.
4532 Section 79. Section 80-3-409 is amended to read:
4533 80-3-409. Permanency hearing -- Final plan -- Petition for termination of
4534 parental rights filed -- Hearing on termination of parental rights.
4535 (1) (a) If reunification services are ordered under Section 80-3-406, with regard to a
4536 minor who is in the custody of the division, the juvenile court shall hold a permanency hearing
4537 no later than 12 months after the day on which the minor is initially removed from the minor's
4538 home.
4539 (b) If reunification services are not ordered at the dispositional hearing, the juvenile
4540 court shall hold a permanency hearing within 30 days after the day on which the dispositional
4541 hearing ends.
4542 (2) (a) If reunification services are ordered in accordance with Section 80-3-406, the
4543 juvenile court shall, at the permanency hearing, determine, consistent with Subsection (3),
4544 whether the minor may safely be returned to the custody of the minor's parent.
4545 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
4546 minor to the minor's parent would create a substantial risk of detriment to the minor's physical
4547 or emotional well-being, the minor may not be returned to the custody of the minor's parent.
4548 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
4549 substantial risk of detriment to the minor is established if:
4550 (i) the parent or guardian fails to:
4551 (A) participate in a court approved child and family plan;
4552 (B) comply with a court approved child and family plan in whole or in part; or
4553 (C) meet the goals of a court approved child and family plan; or
4554 (ii) the minor's natural parent:
4555 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4556 minor;
4557 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4558 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
4559 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4560 recklessly causing the death of another parent of the minor.
4561 (3) In making a determination under Subsection (2)(a), the juvenile court shall:
4562 (a) review and consider:
4563 (i) the report prepared by the division;
4564 (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered by
4565 the minor's attorney guardian ad litem;
4566 (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i);
4567 (iv) any evidence regarding the efforts or progress demonstrated by the parent; and
4568 (v) the extent to which the parent cooperated and used the services provided; and
4569 (b) attempt to keep the minor's sibling group together if keeping the sibling group
4570 together is:
4571 (i) practicable; and
4572 (ii) in accordance with the best interest of the minor.
4573 (4) With regard to a case where reunification services are ordered by the juvenile court,
4574 if a minor is not returned to the minor's parent or guardian at the permanency hearing, the
4575 juvenile court shall, unless the time for the provision of reunification services is extended
4576 under Subsection (7):
4577 (a) order termination of reunification services to the parent;
4578 (b) make a final determination regarding whether termination of parental rights,
4579 adoption, or permanent custody and guardianship is the most appropriate final plan for the
4580 minor, taking into account the minor's primary permanency plan established by the juvenile
4581 court under Section 80-3-406; and
4582 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
4583 that identifies the second most appropriate final plan for the minor, if appropriate.
4584 (5) The juvenile court may order another planned permanent living arrangement other
4585 than reunification for a minor who is 16 years old or older upon entering the following
4586 findings:
4587 (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify
4588 the minor with the minor's parent or parents, or to secure a placement for the minor with a
4589 guardian, an adoptive parent, or an individual described in Subsection 80-3-301(6)(e);
4590 (b) the division has demonstrated that the division has made efforts to normalize the
4591 life of the minor while in the division's custody, in accordance with [
4592
4593 (c) the minor prefers another planned permanent living arrangement; and
4594 (d) there is a compelling reason why reunification or a placement described in
4595 Subsection (5)(a) is not in the minor's best interest.
4596 (6) Except as provided in Subsection (7), the juvenile court may not extend
4597 reunification services beyond 12 months after the day on which the minor is initially removed
4598 from the minor's home, in accordance with the provisions of Section 80-3-406.
4599 (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
4600 services for no more than 90 days if the juvenile court finds, beyond a preponderance of the
4601 evidence, that:
4602 (i) there has been substantial compliance with the child and family plan;
4603 (ii) reunification is probable within that 90-day period; and
4604 (iii) the extension is in the best interest of the minor.
4605 (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
4606 reunification services beyond 15 months after the day on which the minor is initially removed
4607 from the minor's home.
4608 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
4609 basis for the juvenile court to extend services for the parent beyond the 12-month period
4610 described in Subsection (6).
4611 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
4612 services for one additional 90-day period, beyond the 90-day period described in Subsection
4613 (7)(a), if:
4614 (i) the juvenile court finds, by clear and convincing evidence, that:
4615 (A) the parent has substantially complied with the child and family plan;
4616 (B) it is likely that reunification will occur within the additional 90-day period; and
4617 (C) the extension is in the best interest of the minor;
4618 (ii) the juvenile court specifies the facts upon which the findings described in
4619 Subsection (7)(c)(i) are based; and
4620 (iii) the juvenile court specifies the time period in which it is likely that reunification
4621 will occur.
4622 (d) A juvenile court may not extend the time period for reunification services without
4623 complying with the requirements of this Subsection (7) before the extension.
4624 (e) In determining whether to extend reunification services for a minor, a juvenile court
4625 shall take into consideration the status of the minor siblings of the minor.
4626 (8) The juvenile court may, in the juvenile court's discretion:
4627 (a) enter any additional order that the juvenile court determines to be in the best
4628 interest of the minor, so long as that order does not conflict with the requirements and
4629 provisions of Subsections (4) through (7); or
4630 (b) order the division to provide protective supervision or other services to a minor and
4631 the minor's family after the division's custody of a minor is terminated.
4632 (9) (a) If the final plan for the minor is to proceed toward termination of parental
4633 rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
4634 calendar days after the day on which the permanency hearing is held.
4635 (b) If the division opposes the plan to terminate parental rights, the juvenile court may
4636 not require the division to file a petition for the termination of parental rights, except as
4637 required under Subsection 80-4-203(2).
4638 (10) (a) Any party to an action may, at any time, petition the juvenile court for an
4639 expedited permanency hearing on the basis that continuation of reunification efforts are
4640 inconsistent with the permanency needs of the minor.
4641 (b) If the juvenile court so determines, the juvenile court shall order, in accordance
4642 with federal law, that:
4643 (i) the minor be placed in accordance with the permanency plan; and
4644 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
4645 completed as quickly as possible.
4646 (11) Nothing in this section may be construed to:
4647 (a) entitle any parent to reunification services for any specified period of time;
4648 (b) limit a juvenile court's ability to terminate reunification services at any time before
4649 a permanency hearing; or
4650 (c) limit or prohibit the filing of a petition for termination of parental rights by any
4651 party, or a hearing on termination of parental rights, at any time before a permanency hearing
4652 provided that relative placement and custody options have been fairly considered in accordance
4653 with Sections [
4654 (12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
4655 filed before the date scheduled for a permanency hearing, the juvenile court may consolidate
4656 the hearing on termination of parental rights with the permanency hearing.
4657 (b) For purposes of Subsection (12)(a), if the juvenile court consolidates the hearing on
4658 termination of parental rights with the permanency hearing:
4659 (i) the juvenile court shall first make a finding regarding whether reasonable efforts
4660 have been made by the division to finalize the permanency plan for the minor; and
4661 (ii) any reunification services shall be terminated in accordance with the time lines
4662 described in Section 80-3-406.
4663 (c) The juvenile court shall make a decision on a petition for termination of parental
4664 rights within 18 months after the day on which the minor is initially removed from the minor's
4665 home.
4666 (13) If a juvenile court determines that a minor will not be returned to a parent of the
4667 minor, the juvenile court shall consider appropriate placement options inside and outside of the
4668 state.
4669 (14) (a) In accordance with Section 80-3-108, if a minor 14 years old or older desires
4670 an opportunity to address the juvenile court or testify regarding permanency or placement, the
4671 juvenile court shall give the minor's wishes added weight, but may not treat the minor's wishes
4672 as the single controlling factor under this section.
4673 (b) If the juvenile court's decision under this section differs from a minor's express
4674 wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
4675 or the minor's placement, the juvenile court shall make findings explaining why the juvenile
4676 court's decision differs from the minor's wishes.
4677 Section 80. Section 80-4-102 is amended to read:
4678 80-4-102. Definitions.
4679 As used in this chapter:
4680 (1) "Division" means the Division of Child and Family Services created in Section
4681 [
4682 (2) "Failure of parental adjustment" means that a parent or parents are unable or
4683 unwilling within a reasonable time to substantially correct the circumstances, conduct, or
4684 conditions that led to placement of their child outside of their home, notwithstanding
4685 reasonable and appropriate efforts made by the division to return the child to the home.
4686 (3) "Former parent" means an individual whose legal parental rights were terminated
4687 under this chapter.
4688 (4) "Petition to restore parental rights" means a petition filed in accordance with this
4689 chapter to restore the rights of a parent with regard to a child.
4690 (5) "Petition for termination of parental rights" means a petition filed in accordance
4691 with this chapter to terminate the parental rights of a parent.
4692 (6) "Temporary custody" means the same as that term is defined in Section
4693 [
4694 Section 81. Section 80-4-203 is amended to read:
4695 80-4-203. Mandatory petition for termination of parental rights.
4696 (1) For purposes of this section, "abandoned infant" means a child who is 12 months
4697 old or younger and whose parent or parents:
4698 (a) although having legal custody of the child, fail to maintain physical custody of the
4699 child without making arrangements for the care of the child;
4700 (b) have failed to:
4701 (i) maintain physical custody; and
4702 (ii) exhibit the normal interest of a natural parent without just cause; or
4703 (c) are unwilling to have physical custody of the child.
4704 (2) Except as provided in Subsection (3), notwithstanding any other provision of this
4705 chapter [
4706 Services, or Chapter 2a, Removal and Protective Custody of a Child, the division shall file a
4707 petition for termination of parental rights with regard to:
4708 (a) an abandoned infant; or
4709 (b) the child of a parent, whenever a court has determined that the parent has:
4710 (i) committed murder or child abuse homicide of another child of that parent;
4711 (ii) committed manslaughter of another child of that parent;
4712 (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse
4713 homicide, or manslaughter against another child of that parent; or
4714 (iv) committed a felony assault or abuse that results in serious physical injury to:
4715 (A) another child of that parent; or
4716 (B) the other parent of the child.
4717 (3) The division is not required to file a petition for termination of parental rights under
4718 Subsection (2) if:
4719 (a) the child is being cared for by a relative;
4720 (b) the division has:
4721 (i) documented in the child's child and family plan a compelling reason for determining
4722 that filing a petition for termination of parental rights is not in the child's best interest; and
4723 (ii) made that child and family plan available to the juvenile court for the juvenile
4724 court's review; or
4725 (c) (i) the juvenile court has previously determined, in accordance with the provisions
4726 and limitations of Sections [
4727 80-3-406, that reasonable efforts to reunify the child with the child's parent or parents were
4728 required; and
4729 (ii) the division has not provided, within the time period specified in the child and
4730 family plan, services that had been determined to be necessary for the safe return of the child.
4731 Section 82. Section 80-4-301 is amended to read:
4732 80-4-301. Grounds for termination of parental rights -- Findings regarding
4733 reasonable efforts by division.
4734 (1) Subject to the protections and requirements of Section 80-4-104, and if the juvenile
4735 court finds termination of parental rights, from the child's point of view, is strictly necessary,
4736 the juvenile court may terminate all parental rights with respect to the parent if the juvenile
4737 court finds any one of the following:
4738 (a) that the parent has abandoned the child;
4739 (b) that the parent has neglected or abused the child;
4740 (c) that the parent is unfit or incompetent;
4741 (d) (i) that the child is being cared for in an out-of-home placement under the
4742 supervision of the juvenile court or the division;
4743 (ii) that the parent has substantially neglected, willfully refused, or has been unable or
4744 unwilling to remedy the circumstances that cause the child to be in an out-of-home placement;
4745 and
4746 (iii) that there is a substantial likelihood that the parent will not be capable of
4747 exercising proper and effective parental care in the near future;
4748 (e) failure of parental adjustment, as defined in this chapter;
4749 (f) that only token efforts have been made by the parent:
4750 (i) to support or communicate with the child;
4751 (ii) to prevent neglect of the child;
4752 (iii) to eliminate the risk of serious harm to the child; or
4753 (iv) to avoid being an unfit parent;
4754 (g) (i) that the parent has voluntarily relinquished the parent's parental rights to the
4755 child; and
4756 (ii) that termination is in the child's best interest;
4757 (h) that, after a period of trial during which the child was returned to live in the child's
4758 own home, the parent substantially and continuously or repeatedly refused or failed to give the
4759 child proper parental care and protection; or
4760 (i) the terms and conditions of safe relinquishment of a newborn child have been
4761 complied with, in accordance with [
4762 of a Newborn Child.
4763 (2) The juvenile court may not terminate the parental rights of a parent because the
4764 parent has failed to complete the requirements of a child and family plan.
4765 (3) (a) Except as provided in Subsection (3)(b), in any case in which the juvenile court
4766 has directed the division to provide reunification services to a parent, the juvenile court must
4767 find that the division made reasonable efforts to provide those services before the juvenile
4768 court may terminate the parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
4769 (b) Notwithstanding Subsection (3)(a), the juvenile court is not required to make the
4770 finding under Subsection (3)(a) before terminating a parent's rights:
4771 (i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred
4772 subsequent to adjudication; or
4773 (ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
4774 required under federal law, and federal law is not inconsistent with Utah law.
4775 Section 83. Section 80-6-201 is amended to read:
4776 80-6-201. Minor taken into temporary custody by peace officer, private citizen,
4777 or probation officer -- Grounds -- Protective custody.
4778 (1) A minor may be taken into temporary custody by a peace officer without a court
4779 order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe
4780 that:
4781 (a) the minor has committed an offense under municipal, state, or federal law;
4782 (b) the minor seriously endangers the minor's own welfare or the welfare of others and
4783 taking the minor into temporary custody appears to be necessary for the protection of the minor
4784 or others;
4785 (c) the minor has run away or escaped from the minor's parents, guardian, or custodian;
4786 or
4787 (d) the minor is:
4788 (i) subject to the state's compulsory education law; and
4789 (ii) subject to Section 53G-6-208, absent from school without legitimate or valid
4790 excuse.
4791 (2) A private citizen may take a minor into temporary custody if under the
4792 circumstances the private citizen could make a citizen's arrest under Section 77-7-3 if the minor
4793 was an adult.
4794 (3) A juvenile probation officer may take a minor into temporary custody:
4795 (a) under the same circumstances as a peace officer in Subsection (1); or
4796 (b) if the juvenile probation officer has a reasonable suspicion that the minor has
4797 violated the conditions of the minor's probation.
4798 (4) (a) Nothing in this part shall be construed to prevent a peace officer or the Division
4799 of Child and Family Services from taking a minor into protective custody under Section
4800 [
4801 (b) If a peace officer or the Division of Child and Family Services takes a minor into
4802 protective custody, the provisions of Chapter 2, Child Welfare Services, Chapter 2a, Removal
4803 and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency
4804 Proceedings[
4805 Section 84. Section 80-6-202 is amended to read:
4806 80-6-202. Warrants for minors.
4807 (1) (a) Except as otherwise provided in this section, after a petition is filed under
4808 Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue
4809 a warrant for a minor to be taken into temporary custody if:
4810 (i) there is probable cause to believe that:
4811 (A) the minor has committed an offense that would be a felony if committed by an
4812 adult;
4813 (B) the minor has failed to appear after the minor or the minor's parent, guardian, or
4814 custodian has been legally served with a summons in accordance with Section 78A-6-351 and
4815 the Utah Rules of Juvenile Procedure;
4816 (C) there is a substantial likelihood the minor will not respond to a summons;
4817 (D) a summons cannot be served and the minor's present whereabouts are unknown;
4818 (E) serving a summons for the minor will be ineffectual;
4819 (F) the minor seriously endangers others or the public and temporary custody appears
4820 to be necessary for the protection of others or the public; or
4821 (G) the minor is a runaway or has escaped from the minor's parent, guardian, or
4822 custodian; or
4823 (ii) the minor is under the continuing jurisdiction of the juvenile court and there is
4824 probable cause to believe that the minor:
4825 (A) has left the custody of the person or agency vested by a court with legal custody, or
4826 guardianship of the minor, without permission; or
4827 (B) has violated a court order.
4828 (b) A warrant issued under this Subsection (1) shall be:
4829 (i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and
4830 (ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made.
4831 (2) A juvenile court may not issue a warrant for a minor to be taken into temporary
4832 custody for:
4833 (a) a status offense; or
4834 (b) an infraction.
4835 (3) (a) For a minor not eligible for a warrant under Subsection (2), a juvenile court may
4836 issue a warrant that directs a minor to be returned home, to the juvenile court, or to a shelter or
4837 other nonsecure facility.
4838 (b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure
4839 detention.
4840 (4) Subsection (2) does not apply to a minor who is under [
4841 80, Chapter 6, Part 11, Interstate Compact for Juveniles.
4842 Section 85. Section 80-6-206 is amended to read:
4843 80-6-206. Interview of a child -- Presence of a parent, legal guardian, or other
4844 adult -- Interview of minor in a facility.
4845 (1) As used in this section:
4846 (a) (i) "Friendly adult" means an adult:
4847 (A) that has an established relationship with the child to the extent that the adult can
4848 provide meaningful advice and concerned help to the child should the need arise; and
4849 (B) who is not hostile or adverse to the child's interest.
4850 (ii) "Friendly adult" does not include a parent or guardian of the child.
4851 (b) (i) "Interrogation" means any express questioning or any words or actions that are
4852 reasonably likely to elicit an incriminating response.
4853 (ii) "Interrogation" does not include words or actions normally attendant to arrest and
4854 custody.
4855 (2) If a child is in custody and subject to interrogation for an offense, the child has the
4856 right:
4857 (a) to have the child's parent or guardian present during an interrogation of the child; or
4858 (b) to have a friendly adult present during an interrogation of the child if:
4859 (i) there is reason to believe that the child's parent or guardian has abused or threatened
4860 the child; or
4861 (ii) the child's parent's or guardian's interest is adverse to the child's interest, including
4862 that the parent or guardian is a victim or a codefendant of the offense alleged to have been
4863 committed by the child.
4864 (3) If a child is in custody and subject to interrogation of an offense, the child may not
4865 be interrogated unless:
4866 (a) the child has been advised of the child's constitutional rights and the child's right to
4867 have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present
4868 during the interrogation;
4869 (b) the child has waived the child's constitutional rights;
4870 (c) except as provided in Subsection (4), the child's parent or guardian, or the friendly
4871 adult if applicable under Subsection (2)(b), was present during the child's waiver under
4872 Subsection (3)(b) and has given permission for the child to be interrogated; and
4873 (d) if the child is in the custody of the Division of Child and Family Services and a
4874 guardian ad litem has been appointed for the child, the child's guardian ad litem has given
4875 consent to an interview of the child as described in Section [
4876 (4) A child's parent or guardian, or a friendly adult if applicable under Subsection
4877 (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
4878 permission to the interrogation of the child if:
4879 (a) the child is emancipated as described in Section 80-7-105;
4880 (b) the child has misrepresented the child's age as being 18 years old or older and a
4881 peace officer has relied on that misrepresentation in good faith; or
4882 (c) a peace officer or a law enforcement agency:
4883 (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
4884 friendly adult if applicable under Subsection (2)(b); and
4885 (ii) has been unable to make contact within one hour after the time in which the child is
4886 in custody.
4887 (5) (a) If a minor is admitted to a detention facility under Section 80-6-205, or the
4888 minor is committed to secure care or a correctional facility, and is subject to interrogation for
4889 an offense, the minor may not be interrogated unless:
4890 (i) the minor has had a meaningful opportunity to consult with the minor's appointed or
4891 retained attorney;
4892 (ii) the minor waives the minor's constitutional rights after consultation with the
4893 minor's appointed or retained attorney; and
4894 (iii) the minor's appointed or retained attorney is present for the interrogation.
4895 (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
4896 of a detention facility, unless the juvenile probation officer or the staff member is interrogating
4897 the minor on behalf of a peace officer or a law enforcement agency.
4898 (6) A minor may only waive the minor's right to be represented by counsel at all stages
4899 of court proceedings as described in Section 78B-22-204.
4900 Section 86. Effective date.
4901 This bill take effect on September 1, 2022.
4902 Section 87. Revisor instructions.
4903 The Legislature intends that the Office of Legislative Research and General Counsel, in
4904 preparing the Utah Code database for publication, not enroll this bill if H.B. 248, Juvenile
4905 Amendments, does not pass.