1     
PARENTAL NOTIFICATION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Gricius

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses parental notification in regard to a custody and parent-time
10     arrangement.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the advisory guidelines for a custody and parent-time arrangement to allow
14     for parental notification when a parent is residing with an individual, or providing
15     the individual access to the parent's child, and the individual has been convicted of
16     certain crimes;
17          ▸     amends the advisory guidelines for a custody and parent-time arrangement in regard
18     to notification of a parent in the event of a medical emergency; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          30-3-33, as last amended by Laws of Utah 2017, Chapter 224
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 30-3-33 is amended to read:
30          30-3-33. Advisory guidelines for a custody and parent-time arrangement.
31          (1) In addition to the parent-time schedules provided in Sections 30-3-35 and
32     30-3-35.5, the following advisory guidelines are suggested to govern [all parent-time
33     arrangements] a custody and parent-time arrangement between parents.
34          [(1)] (2) [Parent-time schedules] A parent-time schedule mutually agreed upon by both
35     parents [are] is preferable to a court-imposed solution.
36          [(2)] (3) [The] A parent-time schedule shall be used to maximize the continuity and
37     stability of the child's life.
38          [(3)] (4) [Special consideration shall be given by each parent] Each parent shall give
39     special consideration to make the child available to attend family functions including funerals,
40     weddings, family reunions, religious holidays, important ceremonies, and other significant
41     events in the life of the child or in the life of either parent which may inadvertently conflict
42     with the parent-time schedule.
43          [(4)] (5) (a) The court shall determine the responsibility for the pick up, delivery, and
44     return of the child [shall be determined by the court] when the parent-time order is entered[,
45     and may be changed].
46          (b) The court may change the responsibility described in Subsection (5)(a) at any time
47     a subsequent modification is made to the parent-time order.
48          [(5)] (c) If the noncustodial parent will be providing transportation, the custodial parent
49     shall:
50          (i) have the child ready for parent-time at the time the child is to be picked up [and
51     shall]; and
52          (ii) be present at the custodial home or [shall] make reasonable alternate arrangements
53     to receive the child at the time the child is returned.
54          [(6)] (d) If the custodial parent will be transporting the child, the noncustodial parent
55     shall:
56          (i) be at the appointed place at the time the noncustodial parent is to receive the child[,
57     and]; and
58          (ii) have the child ready to be picked up at the appointed time and place[,] or have
59     made reasonable alternate arrangements for the custodial parent to pick up the child.
60          [(7)] (6) [Regular] A parent may not interrupt regular school hours [may not be
61     interrupted] for a school-age child for the exercise of parent-time [by either parent].
62          [(8)] (7) The court may:
63          (a) make alterations in the parent-time schedule to reasonably accommodate the work
64     schedule of both parents [and may]; and
65          (b) increase the parent-time allowed to the noncustodial parent but may not diminish
66     the standardized parent-time provided in Sections 30-3-35 and 30-3-35.5.
67          [(9)] (8) The court may make alterations in the parent-time schedule to reasonably
68     accommodate the distance between the parties and the expense of exercising parent-time.
69          [(10)] (9) [Neither parent-time nor child support is to be withheld due to either] A
70     parent may not withhold parent-time or child support due to the other parent's failure to comply
71     with a court-ordered parent-time schedule.
72          [(11)] (10) (a) The custodial parent shall notify the noncustodial parent within 24 hours
73     of receiving notice of all significant school, social, sports, and community functions in which
74     the child is participating or being honored[, and the].
75          (b) The noncustodial parent [shall be] is entitled to attend and participate fully in the
76     functions described in Subsection (10)(a).
77          [(12)] (c) The noncustodial parent shall have access directly to all school reports
78     including preschool and daycare reports and medical records [and shall be notified immediately
79     by the custodial parent].
80          (d) A parent shall immediately notify the other parent in the event of a medical
81     emergency.
82          [(13)] (11) Each parent shall provide the other with the parent's current address and
83     telephone number, email address, and other virtual parent-time access information within 24
84     hours of any change.
85          [(14)] (12) (a) Each parent shall permit and encourage, during reasonable hours,
86     reasonable and uncensored communications with the child, in the form of mail privileges and
87     virtual parent-time if the equipment is reasonably available[, provided that if the parties].
88          (b) If the parents cannot agree on whether the equipment is reasonably available, the
89     court shall decide whether the equipment for virtual parent-time is reasonably available[,] by
90     taking into consideration:
91          [(a)] (i) the best interests of the child;
92          [(b)] (ii) each parent's ability to handle any additional expenses for virtual parent-time;
93     and
94          [(c)] (iii) any other factors the court considers material.
95          [(15)] (13) (a) Parental care [shall be] is presumed to be better care for the child than
96     surrogate care [and the].
97          (b) The court shall encourage the parties to cooperate in allowing the noncustodial
98     parent, if willing and able to transport the children, to provide the child care.
99          (c) Child care arrangements existing during the marriage are preferred as are child care
100     arrangements with nominal or no charge.
101          [(16)] (14) Each parent shall:
102          (a) provide all surrogate care providers with the name, current address, and telephone
103     number of the other parent [and shall]; and
104          (b) provide the noncustodial parent with the name, current address, and telephone
105     number of all surrogate care providers unless the court for good cause orders otherwise.
106          [(17)] (15) (a) Each parent [shall be] is entitled to an equal division of major religious
107     holidays celebrated by the parents[, and the].
108          (b) The parent who celebrates a religious holiday that the other parent does not
109     celebrate shall have the right to be together with the child on the religious holiday.
110          [(18)] (16) If the child is on a different parent-time schedule than a sibling, based on
111     Sections 30-3-35 and 30-3-35.5, the parents should consider if an upward deviation for
112     parent-time with all the minor children so that parent-time is uniform between school aged and
113     nonschool aged children, is appropriate.
114          [(19)] (17) (a) When one or both parents are servicemembers or contemplating joining
115     a uniformed service, the parents should resolve issues of custodial responsibility in the event of
116     deployment as soon as practicable through reaching a voluntary agreement pursuant to Section
117     78B-20-201 or through court order obtained pursuant to Section 30-3-10.
118          (b) [Servicemembers] Service members shall ensure their family care plan reflects
119     orders and agreements entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed
120     Parents Custody, Parent-time, and Visitation Act.
121          (18) A parent shall immediately notify the other parent if:
122          (a) the parent resides with an individual or provides an individual with access to the
123     child; and
124          (b) the parent knows that the individual:
125          (i) is required to register as a sex offender or a kidnap offender for an offense against a
126     child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
127          (ii) is required to register as a child abuse offender under Title 77, Chapter 43, Child
128     Abuse Offender Registry; or
129          (iii) has been convicted of:
130          (A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-114,
131     or 76-5-208;
132          (B) a sexual offense against a child under Title 76, Chapter 5, Part 4, Sexual Offenses;
133          (C) an offense for kidnapping or human trafficking of a child under Title 76, Chapter 5,
134     Part 3, Kidnapping, Trafficking, and Smuggling;
135          (D) a sexual exploitation offense against a child under Title 76, Chapter 5b, Sexual
136     Exploitation Act; or
137          (E) an offense that is substantially similar to an offense under Subsections
138     (18)(b)(iii)(A) through (D).
139          Section 2. Effective date.
140          This bill takes effect on May 1, 2024.