This document includes House Floor Amendments incorporated into the bill on Fri, Feb 16, 2024 at 5:05 PM by housengrossing.
Representative Paul A. Cutler proposes the following substitute bill:


1     
CHILD CUSTODY PROCEEDINGS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul A. Cutler

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill concerns the protection of children in certain judicial proceedings.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     in certain proceedings involving child custody and parent-time:
14               •     specifies requirements for the admission of expert evidence; and
15               •     requires a court to consider specific evidence when determining custody and
16     parent-time;
17          ▸     amends provisions regarding the supervision of supervised parent-time;
18          ▸     imposes certain requirements and limitations regarding orders to improve the
19     relationship between a parent and a child;
20          ▸     requires the state court administrator to make recommendations regarding the
21     education and training of court personnel involving child custody and related
22     proceedings;
23          ▸     requires that certain protective order proceedings comply with specific standards;
24     and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a coordination clause.
30     Utah Code Sections Affected:
31     AMENDS:
32          30-3-10, as last amended by Laws of Utah 2023, Chapters 44, 327
33          30-3-10.1, as last amended by Laws of Utah 2023, Chapter 44
34          30-3-10.10, as enacted by Laws of Utah 2006, Chapter 287
35          30-3-34, as last amended by Laws of Utah 2021, Chapter 399
36          30-3-34.5, as last amended by Laws of Utah 2022, Chapter 430
37     ENACTS:
38          30-3-41, Utah Code Annotated 1953
39          78A-2-232, Utah Code Annotated 1953
40          78B-7-121, Utah Code Annotated 1953
41     Utah Code Sections Affected By Coordination Clause:
42          30-3-10, as last amended by Laws of Utah 2023, Chapters 44, 327
43          30-3-10.1, as last amended by Laws of Utah 2023, Chapter 44
44          30-3-34, as last amended by Laws of Utah 2021, Chapter 399
45          30-3-34.5, as last amended by Laws of Utah 2022, Chapter 430
46          30-3-41, as Utah Code Annotated 1953
47          78B-7-121, as Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50     The following section is affected by a coordination clause at the end of this bill.
51          Section 1. Section 30-3-10 is amended to read:
52          30-3-10. Custody of a child -- Custody factors.
53          (1) If a married couple having one or more minor children are separated, or the married
54     couple's marriage is declared void or dissolved, the court shall enter, and has continuing
55     jurisdiction to modify, an order of custody and parent-time.
56          (2) In determining any form of custody and parent-time under Subsection (1), the court
57     shall consider the best interest of the child [and may consider among other factors the court
58     finds relevant, the following for each parent:].
59          (3) In determining any form of custody and parent-time under Subsection (1), the court
60     shall consider:
61          (a) for each parent, and in accordance with Section 30-3-41, evidence of domestic
62     violence, physical abuse, or sexual abuse involving the child, the parent, or a household
63     member of the parent;
64          (b) whether the parent has intentionally exposed the child to pornography or material
65     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;
66     and
67          (c) whether custody and parent-time would endanger the child's health or physical or
68     psychological safety.
69          (4) In determining any form of custody and parent-time under Subsection (1), the court
70     may consider, among other factors the court finds relevant, the following for each parent:
71          (a) evidence of [domestic violence, neglect, physical abuse, sexual abuse, or emotional
72     abuse, involving the child, the parent, or a household member of the parent] psychological
73     maltreatment;
74          (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
75     the developmental needs of the child, including the child's:
76          (i) physical needs;
77          (ii) emotional needs;
78          (iii) educational needs;
79          (iv) medical needs; and
80          (v) any special needs;
81          (c) the parent's capacity and willingness to function as a parent, including:
82          (i) parenting skills;
83          (ii) co-parenting skills, including:
84          (A) ability to appropriately communicate with the other parent;
85          (B) ability to encourage the sharing of love and affection; and
86          (C) willingness to allow frequent and continuous contact between the child and the
87     other parent, except that, if the court determines that the parent is acting to protect the child
88     from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
89     consideration; and
90          (iii) ability to provide personal care rather than surrogate care;
91          (d) in accordance with Subsection [(10)] (12), the past conduct and demonstrated moral
92     character of the parent;
93          (e) the emotional stability of the parent;
94          (f) the parent's inability to function as a parent because of drug abuse, excessive
95     drinking, or other causes;
96          [(g) whether the parent has intentionally exposed the child to pornography or material
97     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;]
98          [(h)] (g) the parent's reasons for having relinquished custody or parent-time in the past;
99          [(i)] (h) duration and depth of desire for custody or parent-time;
100          [(j)] (i) the parent's religious compatibility with the child;
101          [(k)] (j) the parent's financial responsibility;
102          [(l)] (k) the child's interaction and relationship with step-parents, extended family
103     members of other individuals who may significantly affect the child's best interests;
104          [(m)] (l) who has been the primary caretaker of the child;
105          [(n)] (m) previous parenting arrangements in which the child has been happy and
106     well-adjusted in the home, school, and community;
107          [(o)] (n) the relative benefit of keeping siblings together;
108          [(p)] (o) the stated wishes and concerns of the child, taking into consideration the
109     child's cognitive ability and emotional maturity;
110          [(q)] (p) the relative strength of the child's bond with the parent, meaning the depth,
111     quality, and nature of the relationship between the parent and the child; and
112          [(r)] (q) any other factor the court finds relevant.
113          [(3)] (5) There is a rebuttable presumption that joint legal custody, as defined in
114     Section 30-3-10.1, is in the best interest of the child, except in cases when there is:
115          (a) in accordance with Section 30-3-41, evidence of domestic violence, neglect,
116     physical abuse, sexual abuse, or emotional abuse involving the child, a parent, or a household
117     member of the parent;
118          (b) special physical or mental needs of a parent or child, making joint legal custody
119     unreasonable;
120          (c) physical distance between the residences of the parents, making joint decision
121     making impractical in certain circumstances; or
122          (d) any other factor the court considers relevant including those listed in this section
123     and Section 30-3-10.2.
124          [(4)] (6) (a) The person who desires joint legal custody shall file a proposed parenting
125     plan in accordance with Sections 30-3-10.8 and 30-3-10.9.
126          (b) A presumption for joint legal custody may be rebutted by a showing by a
127     preponderance of the evidence that it is not in the best interest of the child.
128          [(5)] (7) (a) A child may not be required by either party to testify unless the trier of fact
129     determines that extenuating circumstances exist that would necessitate the testimony of the
130     child be heard and there is no other reasonable method to present the child's testimony.
131          (b) (i) The court may inquire of the child's and take into consideration the child's
132     desires regarding future custody or parent-time schedules, but the expressed desires are not
133     controlling and the court may determine the child's custody or parent-time otherwise.
134          (ii) The desires of a child 14 years old or older shall be given added weight, but is not
135     the single controlling factor.
136          (c) (i) If an interview with a child is conducted by the court pursuant to Subsection
137     [(5)(b)] (7)(b), the interview shall be conducted by the judge in camera.
138          (ii) The prior consent of the parties may be obtained but is not necessary if the court
139     finds that an interview with a child is the only method to ascertain the child's desires regarding
140     custody.
141          [(6)] (8) (a) Except as provided in Subsection [(6)(b)] (8)(b), a court may not
142     discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding
143     custody or determining whether a substantial change has occurred for the purpose of modifying
144     an award of custody.
145          (b) The court may not consider the disability of a parent as a factor in awarding custody
146     or modifying an award of custody based on a determination of a substantial change in
147     circumstances, unless the court makes specific findings that:
148          (i) the disability significantly or substantially inhibits the parent's ability to provide for
149     the physical and emotional needs of the child at issue; and
150          (ii) the parent with a disability lacks sufficient human, monetary, or other resources
151     available to supplement the parent's ability to provide for the physical and emotional needs of
152     the child at issue.
153          (c) Nothing in this section may be construed to apply to adoption proceedings under
154     Title 78B, Chapter 6, Part 1, Utah Adoption Act.
155          [(7)] (9) This section does not establish a preference for either parent solely because of
156     the gender of the parent.
157          [(8)] (10) This section establishes neither a preference nor a presumption for or against
158     joint physical custody or sole physical custody, but allows the court and the family the widest
159     discretion to choose a parenting plan that is in the best interest of the child.
160          [(9)] (11) When an issue before the court involves custodial responsibility in the event
161     of a deployment of one or both parents who are service members and the service member has
162     not yet been notified of deployment, the court shall resolve the issue based on the standards in
163     Sections 78B-20-306 through 78B-20-309.
164          [(10)] (12) In considering the past conduct and demonstrated moral standards of each
165     party under Subsection [(2)(d)] (4)(c) or any other factor a court finds relevant, the court may
166     not:
167          (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
168     dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
169     accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies,
170     Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection
171     58-37-3.7(2) or (3) any differently than the court would consider or treat the lawful possession
172     or use of any prescribed controlled substance; or
173          (b) discriminate against a parent because of the parent's status as a:
174          (i) cannabis production establishment agent, as that term is defined in Section
175     4-41a-102;
176          (ii) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
177          (iii) medical cannabis courier agent, as that term is defined in Section 26B-4-201; or
178          (iv) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
179     Cannabinoid Research and Medical Cannabis.
180     The following section is affected by a coordination clause at the end of this bill.
181          Section 2. Section 30-3-10.1 is amended to read:
182          30-3-10.1. Definitions -- Joint legal custody -- Joint physical custody.
183          As used in this chapter:
184          (1) "Abuse" means the same as that term is defined in Section 80-1-102.
185          (2) (a) "Custodial responsibility" includes all powers and duties relating to caretaking
186     authority and decision-making authority for a child.
187          (b) "Custodial responsibility" includes physical custody, legal custody, parenting time,
188     right to access, visitation, and authority to grant limited contact with a child.
189          [(2)] (3) "Domestic violence" means the same as that term is defined in Section
190     77-36-1.
191          (4) "Joint legal custody":
192          (a) means the sharing of the rights, privileges, duties, and powers of a parent by both
193     parents, where specified;
194          (b) may include an award of exclusive authority by the court to one parent to make
195     specific decisions;
196          (c) does not affect the physical custody of the child except as specified in the order of
197     joint legal custody;
198          (d) is not based on awarding equal or nearly equal periods of physical custody of and
199     access to the child to each of the parents, as the best interest of the child often requires that a
200     primary physical residence for the child be designated; and
201          (e) does not prohibit the court from specifying one parent as the primary caretaker and
202     one home as the primary residence of the child.
203          [(3)] (5) "Joint physical custody":
204          (a) means the child stays with each parent overnight for more than 30% of the year, and
205     both parents contribute to the expenses of the child in addition to paying child support;
206          (b) can mean equal or nearly equal periods of physical custody of and access to the
207     child by each of the parents, as required to meet the best interest of the child;
208          (c) may require that a primary physical residence for the child be designated; and
209          (d) does not prohibit the court from specifying one parent as the primary caretaker and
210     one home as the primary residence of the child.
211          (6) "Protective order" means:
212          (a) a civil protective order, as that term is defined in Section 78B-7-102;
213          (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
214          (c) a foreign protection order, as that term is defined in Section 78B-7-302.
215          (7) "Psychological maltreatment" means a repeated pattern or extreme incident of
216     caretaker behavior that:
217          (a) intentionally thwarts a child's basic psychological needs, including physical and
218     psychological safety, cognitive stimulation, and respect;
219          (b) conveys that a child is worthless, defective, or expendable; and
220          (c) may terrorize a child.
221          [(4)] (8) " Service member" means a member of a uniformed service.
222          (9) "Sexual abuse" means the same as that term is defined in Section 80-1-102.
223          [(5)] (10) "Uniformed service" means:
224          (a) active and reserve components of the United States Armed Forces;
225          (b) the United States Merchant Marine;
226          (c) the commissioned corps of the United States Public Health Service;
227          (d) the commissioned corps of the National Oceanic and Atmospheric Administration
228     of the United States; or
229          (e) the National Guard of a state.
230          Section 3. Section 30-3-10.10 is amended to read:
231          30-3-10.10. Parenting plan -- Domestic violence.
232          (1) In any proceeding regarding a parenting plan, the court shall consider evidence of
233     domestic violence in accordance with Section 30-3-41, if presented.
234          (2) If there is a protective order, civil stalking injunction, or the court finds that a
235     parent has committed domestic violence, the court shall consider the impact of domestic
236     violence in awarding parent-time, and make specific findings regarding the award of
237     parent-time.
238          (3) If the court orders parent-time and a protective order or civil stalking injunction is
239     still in place, it shall consider whether to order the parents to conduct parent-time pick-up and
240     transfer through a third party. The parent who is the stated victim in the order or injunction
241     may submit to the court, and the court shall consider, the name of a person considered suitable
242     to act as the third party.
243          (4) If the court orders the parents to conduct parent-time through a third party, the
244     parenting plan shall specify the time, day, place, manner, and the third party to be used to
245     implement the exchange.
246     The following section is affected by a coordination clause at the end of this bill.
247          Section 4. Section 30-3-34 is amended to read:
248          30-3-34. Parent-time -- Best interests -- Rebuttable presumption.
249          (1) If the parties are unable to agree on a parent-time schedule, the court may:
250          (a) establish a parent-time schedule; or
251          (b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or
252     30-3-35.5.
253          (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
254     schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum
255     parent-time to which the noncustodial parent and the child shall be entitled.
256          (3) In accordance with Section 30-3-41, when ordering a parent-time schedule a court
257     shall consider:
258          (a) evidence of domestic violence, physical abuse, or sexual abuse involving the child,
259     a parent, or a household member of the parent; and
260          (b) whether parent-time would endanger the child's health or physical or psychological
261     safety.
262          (4) A court may consider the following when ordering a parent-time schedule:
263          [(a) whether parent-time would endanger the child's physical health or mental health,
264     or significantly impair the child's emotional development;]
265          [(b)] (a) evidence of [domestic violence, neglect, physical abuse, sexual abuse, or
266     emotional abuse, involving the child, a parent, or a household member of the parent]
267     psychological maltreatment;
268          [(c)] (b) the distance between the residency of the child and the noncustodial parent;
269          [(d) a credible allegation of child abuse has been made;]
270          [(e)] (c) the lack of demonstrated parenting skills without safeguards to ensure the
271     child's well-being during parent-time;
272          [(f)] (d) the financial inability of the noncustodial parent to provide adequate food and
273     shelter for the child during periods of parent-time;
274          [(g)] (e) the preference of the child if the court determines the child is of sufficient
275     maturity;
276          [(h)] (f) the incarceration of the noncustodial parent in a county jail, secure youth
277     corrections facility, or an adult corrections facility;
278          [(i)] (g) shared interests between the child and the noncustodial parent;
279          [(j)] (h) the involvement or lack of involvement of the noncustodial parent in the
280     school, community, religious, or other related activities of the child;
281          [(k)] (i) the availability of the noncustodial parent to care for the child when the
282     custodial parent is unavailable to do so because of work or other circumstances;
283          [(l)] (j) a substantial and chronic pattern of missing, canceling, or denying regularly
284     scheduled parent-time;
285          [(m)] (k) the minimal duration of and lack of significant bonding in the parents'
286     relationship before the conception of the child;
287          [(n)] (l) the parent-time schedule of siblings;
288          [(o)] (m) the lack of reasonable alternatives to the needs of a nursing child; and
289          [(p)] (n) any other criteria the court determines relevant to the best interests of the
290     child.
291          [(4)] (5) The court shall enter the reasons underlying the court's order for parent-time
292     that:
293          (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
294          (b) provides more or less parent-time than a parent-time schedule provided in Section
295     30-3-35 or 30-3-35.5.
296          [(5)] (6) A court may not order a parent-time schedule unless the court determines by a
297     preponderance of the evidence that the parent-time schedule is in the best interest of the child.
298          [(6)] (7) Once the parent-time schedule has been established, the parties may not alter
299     the schedule except by mutual consent of the parties or a court order.
300     The following section is affected by a coordination clause at the end of this bill.
301          Section 5. Section 30-3-34.5 is amended to read:
302          30-3-34.5. Supervised parent-time.
303          (1) Considering the fundamental liberty interests of parents and children, it is the
304     policy of this state that divorcing parents have unrestricted and unsupervised access to their
305     children. When necessary to protect a child and no less restrictive means is reasonably
306     available however, and in accordance with Section 30-3-41, a court may order supervised
307     parent-time if the court finds evidence that the child would be subject to physical or emotional
308     harm or child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, [and]
309     76-5-114, and 80-1-102, from the noncustodial parent if left unsupervised with the
310     noncustodial parent.
311          (2) [A court that] If the court finds evidence of domestic violence, child abuse, or an
312     ongoing risk to a child, and orders supervised parent-time, the court shall give preference to
313     [persons suggested by the parties to supervise, including relatives] supervision by a
314     professional individual or private agency trained in child abuse reporting laws, the
315     developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual
316     abuse, and substance abuse.
317          (3) If a professional individual or private agency described in Subsection (2) is not
318     available, affordable, or practicable under the circumstances, a court shall give preference to
319     supervision by an individual who is:
320          (a) capable and willing to provide physical and psychological safety and security to the
321     child, and to assist in the avoidance and prevention of domestic and family violence; and
322          (b) is trained in child abuse reporting laws, the developmental needs of a child, and the
323     dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
324          (4) [If the court finds that the persons suggested by the parties are] If an individual
325     described in Subsection (2) or (3) is not available, affordable, or practicable under the
326     circumstances, or if the court does not find evidence of domestic violence, child abuse, or an
327     ongoing risk to a child, a court may order supervised visitation that is supervised by an
328     individual who is willing to supervise, and [are] is capable of protecting the [children] child
329     from physical or emotional harm, or child abuse, [the court shall authorize the persons to
330     supervise parent-time] and the court shall give preference to individuals suggested by the
331     parties, including relatives.
332          [(3) If the court is unable to authorize any persons to supervise parent-time pursuant to
333     Subsection (2), the court may require that the noncustodial parent seek the services of a
334     professional individual or agency to exercise their supervised parent-time.]
335          [(4)] (5) At the time supervised parent-time is imposed, the court shall consider:
336          (a) whether the cost of professional or agency services is likely to prevent the
337     noncustodial parent from exercising parent-time; and
338          (b) whether the requirement for supervised parent-time should expire after a set period
339     of time.
340          [(5)] (6) [The] Except when the court makes a finding that, due to abuse by or the
341     incapacity of the noncustodial parent, supervised parent-time will be necessary indefinitely to
342     ensure the physical or psychological safety and protection of the child, the court shall, in its
343     order for supervised parent-time, provide specific goals and expectations for the noncustodial
344     parent to accomplish before unsupervised parent-time may be granted. The court shall schedule
345     one or more follow-up hearings to revisit the issue of supervised parent-time.
346          [(6)] (7) A noncustodial parent may, at any time, petition the court to modify the order
347     for supervised parent-time if the noncustodial parent can demonstrate that the specific goals
348     and expectations set by the court in Subsection [(5)] (6) have been accomplished.
349     The following section is affected by a coordination clause at the end of this bill.
350          Section 6. Section 30-3-41 is enacted to read:
351          30-3-41. Definitions -- Expert evidence -- Violence or abuse findings -- Child
352     relationship and reunification.
353          (1) As used in this section:
354          (a) (i) "Child custody proceeding" means a civil proceeding between the parents of a
355     child that involves the care or custody of the child, including proceedings involving:
356          (A) divorce;
357          (B) separation;
358          (C) visitation;
359          (D) paternity;
360          (E) child support; or
361          (F) legal or physical custody of the child.
362          (ii) "Child custody proceeding" does not include:
363          (A) a child protective, abuse, or neglect proceeding;
364          (B) a juvenile justice proceeding; or
365          (C) a child placement proceeding in which a state, local, or tribal government, a
366     designee of such a government, or any contracted child welfare agency or child protective
367     services agency of such a government is a party to the proceeding.
368          (b) "Forensic" means professional activities undertaken pursuant to a court order or for
369     use in litigation, including the evaluation or treatment of a parent, child, or other individual
370     who is involved in a child custody proceeding.
371          (c) "Reunification treatment" means a treatment or therapy aimed at reuniting or
372     reestablishing a relationship between a child and an estranged or rejected parent or other family
373     member of the child.
374          (2) In a child custody proceeding, if a parent is alleged to have committed domestic
375     violence or abuse, including sexual abuse:
376          (a) the court may admit expert evidence from a court-appointed or outside professional
377     relating to alleged domestic violence or abuse only if the professional possesses demonstrated
378     expertise and adequate experience in working with victims of domestic violence or abuse,
379     including sexual abuse, that is not solely of a forensic nature; and
380          (b) in making a finding regarding an allegation of domestic violence or abuse,
381     including sexual abuse, the court shall consider evidence of past domestic violence, sexual
382     violence, or abuse committed by the accused parent, including:
383          (i) any past or current protective order against the accused parent; or
384          (ii) any charge, arrest, or conviction of the accused parent for domestic violence, sexual
385     violence, or abuse.
386          (3) Subsection (2) does not preclude the court from Ĥ→ :
386a     (a) ←Ĥ admitting expert evidence, subject
387     to rules of evidence, from a court-appointed or outside professional relating to issues other than
388     alleged domestic violence or abuse Ĥ→ [.] ; or
388a     (b) admitting evidence, subject to rules of evidence, that is discovered or otherwise becomes
388b     available through treatment or therapy after the court enters an order of custody or parent-
388c     time. ←Ĥ
389          (4) As part of a child custody proceeding, a court may not, solely in order to improve a
390     deficient relationship between the other parent and a child:
391          (a) remove the child from a parent or litigating party:
392          (i) who is competent and not physically or sexually abusive; and
393          (ii) with whom the child is bonded; or
394          (b) restrict reasonable contact between the child and a parent or litigating party:
395          (i) who is competent and not physically or sexually abusive; and
396          (ii) with whom the child is bonded.
397          (5) As part of a child custody proceeding:
398          (a) a court may not order a reunification treatment unless there is generally accepted
399     proof of the physical and psychological safety, effectiveness, and therapeutic value of the
400     reunification treatment;
401          (b) a court may not order a reunification treatment that is predicated on cutting off a
402     child from a parent:
403          (i) who is competent and not physically or sexually abusive; and
404          (ii) with whom the child is bonded;
405          (c) any order to remediate the resistance of a child to have contact with a violent or
406     abusive parent shall primarily address the behavior of that parent or the contributions of that
407     parent to the resistance of the child; and
408          (d) any order to a parent who meets the criteria in Subsections (5)(b)(i) and (ii), and
409     that requires the parent to take steps to potentially improve the child's relationship with a
410     violent or abusive parent, shall:
411          (i) prioritize the child's physical and psychological safety and psychological needs; and
412          (ii) be narrowly tailored to address specific behavior.
413          Section 7. Section 78A-2-232 is enacted to read:
414          78A-2-232. Child abuse and domestic abuse education and training for judges,
415     court commissioners, and court personnel.
416          (1) As used in this section:
417          (a) "Advocacy services provider" means the same as that term is defined in Section
418     77-38-403.
419          (b) "Child custody proceeding" means a civil proceeding between the parents of a child
420     that involves the care or custody of the child including proceedings involving:
421          (i) divorce;
422          (ii) separation;
423          (iii) visitation;
424          (iv) paternity;
425          (v) child support;
426          (vi) legal or physical custody of a child; or
427          (vii) a civil protective order as that term is defined in Section 78B-7-102.
428          (2) The state court administrator described in Section 78A-2-105 shall develop or
429     recommend a proposed training and education program that:
430          (a) shall be designed to improve the ability of the courts to:
431          (i) recognize domestic violence and child abuse in child custody proceedings; and
432          (ii) make appropriate custody decisions that prioritize a child's physical and
433     psychological safety and well-being;
434          (b) shall focus solely on domestic and sexual violence and child abuse, including:
435          (i) child sexual abuse;
436          (ii) physical abuse;
437          (iii) emotional abuse;
438          (iv) coercive control;
439          (v) implicit and explicit bias, including biases relating to parents with disabilities;
440          (vi) trauma;
441          (vii) long-term and short-term impacts of domestic violence and child abuse on
442     children; and
443          (viii) victim and perpetrator behavior patterns and relationship dynamics within the
444     cycle of violence;
445          (c) shall require training to be provided by a professional with substantial experience in
446     assisting survivors of domestic violence or child abuse, including an advocacy services
447     provider;
448          (d) may include input from a survivor of domestic violence or child physical or sexual
449     abuse; and
450          (e) may incorporate curriculum, best practices, or other materials developed for or used
451     in similar training and education programs.
452          (3) (a) The state court administrator shall present the proposed or recommended
453     training and education program to the Judiciary Interim Committee on or before the
454     committee's September 2024 interim meeting.
455          (b) The presentation described in Subsection (3)(a) shall include:
456          (i) recommendations for the specific personnel positions that will be required to
457     participate in the program;
458          (ii) recommended performance metrics for the program and how those metrics may be
459     tracked;
460          (iii) an estimate of the costs to implement the program; and
461          (iv) an identification of potential grant sources, if any, that may be available to fund the
462     program in whole or in part.
463     The following section is affected by a coordination clause at the end of this bill.
464          Section 8. Section 78B-7-121 is enacted to read:
465          78B-7-121. Requirements for proceedings between the parents of a child.
466          (1) (a) As used in this section, "relevant proceeding" means a civil proceeding under
467     this chapter:
468          (i) between the parents of a child;
469          (ii) that involves the care or custody of the child; and
470          (iii) that concerns a protective order under this chapter.
471          (b) "Relevant proceeding" does not include:
472          (i) any child protective, abuse, or neglect proceeding;
473          (ii) a juvenile justice proceeding; or
474          (iii) any child placement proceeding in which a state, local, or tribal government, a
475     designee of such a government, or any contracted child welfare agency or child protective
476     services agency of such a government is a party to the proceeding.
477          (2) In a relevant proceeding, the court shall comply with the standards described in
478     Section 30-3-41.
479          Section 9. Effective date.
480          This bill takes effect on May 1, 2024.
481          Section 10. Coordinating H.B. 272 with S.B. 95 -- Technical amendment.
482          If H.B. 272, Child Custody Proceedings Amendments, and S.B. 95, Domestic Relations
483     Recodification, both pass and become law, the Legislature intends that, on September 1, 2024:
484          (1) Subsections 30-3-10(1) through (4) in H.B. 272 be amended to read:
485          "[(1) If a married couple having one or more minor children are separated, or the
486     married couple's marriage is declared void or dissolved, the court shall enter, and has
487     continuing jurisdiction to modify, an order of custody and parent-time.]
488          [(2) In determining any form of custody and parent-time under Subsection (1), the court
489     shall consider the best interest of the child and may consider among other factors the court
490     finds relevant, the following for each parent:]
491          (1) In a proceeding between parents in which the custody and parent-time of a minor
492     child is at issue, the court shall consider the best interests of the minor child in determining any
493     form of custody and parent-time.
494          (2) The court shall determine whether an order for custody or parent-time is in the best
495     interests of the minor child by a preponderance of the evidence.
496          (3) In determining any form of custody and parent-time under Subsection (1), the court
497     shall consider:
498          (a) for each parent, and in accordance with Section 81-9-103, evidence of domestic
499     violence, physical abuse, or sexual abuse involving the minor child, the parent, or a household
500     member of the parent;
501          (b) whether the parent has intentionally exposed the minor child to pornography or
502     material harmful to minors, as "material" and "harmful to minors" are defined in Section
503     76-10-1201; and
504          (c) whether custody and parent-time would endanger the minor child's health or
505     physical or psychological safety.
506          (4) In determining the form of custody and parent-time that is in the best interests of
507     the minor child, the court may consider, among other factors the court finds relevant, the
508     following for each parent:
509          (a) evidence of [domestic violence, neglect, physical abuse, sexual abuse, or emotional
510     abuse, involving the child, the parent, or a household member of the parent;] psychological
511     maltreatment;
512          (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
513     the developmental needs of the minor child, including the minor child's:
514          (i) physical needs;
515          (ii) emotional needs;
516          (iii) educational needs;
517          (iv) medical needs; and
518          (v) any special needs;
519          (c) the parent's capacity and willingness to function as a parent, including:
520          (i) parenting skills;
521          (ii) co-parenting skills, including:
522          (A) ability to appropriately communicate with the other parent;
523          (B) ability to encourage the sharing of love and affection; and
524          (C) willingness to allow frequent and continuous contact between the minor child and
525     the other parent, except that, if the court determines that the parent is acting to protect the
526     minor child from domestic violence, neglect, or abuse, the parent's protective actions may be
527     taken into consideration; and
528          (iii) ability to provide personal care rather than surrogate care;
529          (d) [in accordance with Subsection (10),] the past conduct and demonstrated moral
530     character of the parent as described in Subsection (9);
531          (e) the emotional stability of the parent;
532          (f) the parent's inability to function as a parent because of drug abuse, excessive
533     drinking, or other causes;
534          [(g) whether the parent has intentionally exposed the child to pornography or material
535     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;]
536          [(h)] (g) the parent's reasons for having relinquished custody or parent-time in the past;
537          [(i)] (h) duration and depth of desire for custody or parent-time;
538          [(j)] (i) the parent's religious compatibility with the minor child;
539          [(k)] (j) the parent's financial responsibility;
540          [(l)] (k) the child's interaction and relationship with step-parents, extended family
541     members of other individuals who may significantly affect the minor child's best interests;
542          [(m)] (l) who has been the primary caretaker of the minor child;
543          [(n)] (m) previous parenting arrangements in which the minor child has been happy
544     and well-adjusted in the home, school, and community;
545          [(o)] (n) the relative benefit of keeping siblings together;
546          [(p)] (o) the stated wishes and concerns of the minor child, taking into consideration
547     the minor child's cognitive ability and emotional maturity;
548          [(q)] (p) the relative strength of the minor child's bond with the parent, meaning the
549     depth, quality, and nature of the relationship between the parent and the minor child; and
550          [(r)] (q) any other factor the court finds relevant.";
551          (2) all references to "child" in Subsections 30-3-10.1(7) and 30-3-34(3) in H.B. 272 be
552     changed to "minor child";
553          (3) the changes to Subsection 30-3-34(4)(a) in H.B. 272 supersede the changes to
554     Subsection 81-9-206(3)(b) in S.B. 95;
555          (4) all references to "child" in Subsection 30-3-34.5(3)(a) in H.B. 272 be changed to
556     "minor child";
557          (5) Subsection 30-3-34.5(4) in H.B. 272 be amended to read:
558          "(4) [If the court finds that the persons suggested by the parties are] If an individual
559     described in Subsection (2) or (3) is not available, affordable, or practicable under the
560     circumstances, or if the court does not find evidence of domestic violence, child abuse, or an
561     ongoing risk to a minor child, a court may order supervised visitation that is supervised by an
562     individual who is willing to supervise, and [are] is capable of protecting the [children] minor
563     child from physical or emotional harm, or child abuse, [the court shall authorize the persons to
564     supervise parent-time] and the court shall give preference to individuals suggested by the
565     parties, including relatives.";
566          (6) all references to "child" in Subsection 30-3-34.5(6) in H.B. 272 be changed to
567     "minor child";
568          (7) Section 30-3-41 enacted in H.B. 272 be renumbered to 81-9-103 and be amended to
569     read:
570          "[30-3-41.] 81-9-103. Expert evidence -- Violence or abuse findings -- Child
571     relationship and reunification.
572          (1) As used in this section:
573          (a) (i) "Child custody proceeding" means a civil proceeding between the parents of a
574     minor child that involves the care or custody of the minor child, including proceedings
575     involving:
576          (A) divorce;
577          (B) separation;
578          (C) visitation;
579          (D) paternity;
580          (E) child support; or
581          (F) legal or physical custody of the minor child.
582          (ii) "Child custody proceeding" does not include:
583          (A) a child protective, abuse, or neglect proceeding;
584          (B) a juvenile justice proceeding; or
585          (C) a child placement proceeding in which a state, local, or tribal government, a
586     designee of such a government, or any contracted child welfare agency or child protective
587     services agency of such a government is a party to the proceeding.
588          (b) "Forensic" means professional activities undertaken pursuant to a court order or for
589     use in litigation, including the evaluation or treatment of a parent, minor child, or other
590     individual who is involved in a child custody proceeding.
591          (c) "Reunification treatment" means a treatment or therapy aimed at reuniting or
592     reestablishing a relationship between a minor child and an estranged or rejected parent or other
593     family member of the minor child.
594          (2) In a child custody proceeding, if a parent is alleged to have committed domestic
595     violence or abuse, including sexual abuse:
596          (a) the court may admit expert evidence from a court-appointed or outside professional
597     relating to alleged domestic violence or abuse only if the professional possesses demonstrated
598     expertise and adequate experience in working with victims of domestic violence or abuse,
599     including sexual abuse, that is not solely of a forensic nature; and
600          (b) in making a finding regarding an allegation of domestic violence or abuse,
601     including sexual abuse, the court shall consider evidence of past domestic violence, sexual
602     violence, or abuse committed by the accused parent, including:
603          (i) any past or current protective order against the accused parent; or
604          (ii) any charge, arrest, or conviction of the accused parent for domestic violence, sexual
605     violence, or abuse.
606          (3) Subsection (2) does not preclude the court from Ĥ→ :
606a     (a) ←Ĥ admitting expert evidence, subject
607     to rules of evidence, from a court-appointed or outside professional relating to issues other than
608     alleged domestic violence or abuse Ĥ→ [.] ; or
608a     (b) admitting evidence, subject to rules of evidence, that is discovered or otherwise becomes
608b     available through treatment or therapy after the court enters an order of custody or parent-
608c     time. ←Ĥ
609          (4) As part of a child custody proceeding, a court may not, solely in order to improve a
610     deficient relationship between the other parent and a minor child:
611          (a) remove the minor child from a parent or litigating party:
612          (i) who is competent and not physically or sexually abusive; and
613          (ii) with whom the minor child is bonded; or
614          (b) restrict reasonable contact between the minor child and a parent or litigating party:
615          (i) who is competent and not physically or sexually abusive; and
616          (ii) with whom the minor child is bonded.
617          (5) As part of a child custody proceeding:
618          (a) a court may not order a reunification treatment unless there is generally accepted
619     proof of the physical and psychological safety, effectiveness, and therapeutic value of the
620     reunification treatment;
621          (b) a court may not order a reunification treatment that is predicated on cutting off a
622     minor child from a parent:
623          (i) who is competent and not physically or sexually abusive; and
624          (ii) with whom the minor child is bonded;
625          (c) any order to remediate the resistance of a minor child to have contact with a violent
626     or abusive parent shall primarily address the behavior of that parent or the contributions of that
627     parent to the resistance of the minor child; and
628          (d) any order to a parent who meets the criteria in Subsections (5)(b)(i) and (ii), and
629     that requires the parent to take steps to potentially improve the minor child's relationship with a
630     violent or abusive parent, shall:
631          (i) prioritize the minor child's physical and psychological safety and psychological
632     needs; and
633          (ii) be narrowly tailored to address specific behavior.";
634          (8) the reference in Subsection 78B-7-121(2) in H.B. 272 change from "Section
635     30-3-41" to "Section 81-9-103.";
636          (9) Subsection 81-9-205(2)(a)(i) in S.B. 95 be amended to read:
637          "(i) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
638     abuse involving the minor child, a parent, or a household member of the parent in accordance
639     with Section 81-9-103;"; and
640          (10) Subsection 81-9-207(1) in S.B. 95 be amended to read:
641          "(1) If it is necessary to protect a minor child and there is no less restrictive means
642          reasonably available, and in accordance with Section 81-9-103, a court may order
643     supervised parent-time if the court finds evidence that the minor child would be subject to
644     physical or emotional harm or child abuse, as described in Sections 76-5-109, 76-5-109.2,
645     76-5-109.3, 76-5-114, and 80-1-102, from the noncustodial parent if left unsupervised with the
646     noncustodial parent.".