Senator Michael K. McKell 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          30-3-10.2, as last amended by Laws of Utah 2019, Chapter 188
45          30-3-34, as last amended by Laws of Utah 2021, Chapter 399
46          30-3-34.5, as last amended by Laws of Utah 2022, Chapter 430
47          30-3-41, as Utah Code Annotated 1953
48          78B-7-121, as Utah Code Annotated 1953
49     

50     Be it enacted by the Legislature of the state of Utah:
51     The following section is affected by a coordination clause at the end of this bill.
52          Section 1. Section 30-3-10 is amended to read:
53          30-3-10. Custody of a child -- Custody factors.
54          (1) If a married couple having one or more minor children are separated, or the married
55     couple's marriage is declared void or dissolved, the court shall enter, and has continuing
56     jurisdiction to modify, an order of custody and parent-time.
57          (2) In determining any form of custody and parent-time under Subsection (1), the court
58     shall consider the best interest of the child [and may consider among other factors the court
59     finds relevant, the following for each parent:].
60          (3) In determining any form of custody and parent-time under Subsection (1), the court
61     shall consider:
62          (a) for each parent, and in accordance with Section 30-3-41, evidence of domestic
63     violence, physical abuse, or sexual abuse involving the child, the parent, or a household
64     member of the parent;
65          (b) whether the parent has intentionally exposed the child to pornography or material
66     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;
67     and
68          (c) whether custody and parent-time would endanger the child's health or physical or
69     psychological safety.
70          (4) In determining any form of custody and parent-time under Subsection (1), the court
71     may consider, among other factors the court finds relevant, the following for each parent:
72          (a) evidence of [domestic violence, neglect, physical abuse, sexual abuse, or emotional
73     abuse, involving the child, the parent, or a household member of the parent] psychological
74     maltreatment;
75          (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
76     the developmental needs of the child, including the child's:
77          (i) physical needs;
78          (ii) emotional needs;
79          (iii) educational needs;
80          (iv) medical needs; and
81          (v) any special needs;
82          (c) the parent's capacity and willingness to function as a parent, including:
83          (i) parenting skills;
84          (ii) co-parenting skills, including:
85          (A) ability to appropriately communicate with the other parent;
86          (B) ability to encourage the sharing of love and affection; and
87          (C) willingness to allow frequent and continuous contact between the child and the
88     other parent, except that, if the court determines that the parent is acting to protect the child
89     from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
90     consideration; and
91          (iii) ability to provide personal care rather than surrogate care;
92          (d) in accordance with Subsection [(10)] (12), the past conduct and demonstrated moral
93     character of the parent;
94          (e) the emotional stability of the parent;
95          (f) the parent's inability to function as a parent because of drug abuse, excessive
96     drinking, or other causes;
97          [(g) whether the parent has intentionally exposed the child to pornography or material
98     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;]
99          [(h)] (g) the parent's reasons for having relinquished custody or parent-time in the past;
100          [(i)] (h) duration and depth of desire for custody or parent-time;
101          [(j)] (i) the parent's religious compatibility with the child;
102          [(k)] (j) the parent's financial responsibility;
103          [(l)] (k) the child's interaction and relationship with step-parents, extended family
104     members of other individuals who may significantly affect the child's best interests;
105          [(m)] (l) who has been the primary caretaker of the child;
106          [(n)] (m) previous parenting arrangements in which the child has been happy and
107     well-adjusted in the home, school, and community;
108          [(o)] (n) the relative benefit of keeping siblings together;
109          [(p)] (o) the stated wishes and concerns of the child, taking into consideration the
110     child's cognitive ability and emotional maturity;
111          [(q)] (p) the relative strength of the child's bond with the parent, meaning the depth,
112     quality, and nature of the relationship between the parent and the child; and
113          [(r)] (q) any other factor the court finds relevant.
114          [(3)] (5) There is a rebuttable presumption that joint legal custody, as defined in
115     Section 30-3-10.1, is in the best interest of the child, except in cases when there is:
116          (a) in accordance with Section 30-3-41, evidence of domestic violence, neglect,
117     physical abuse, sexual abuse, or emotional abuse involving the child, a parent, or a household
118     member of the parent;
119          (b) special physical or mental needs of a parent or child, making joint legal custody
120     unreasonable;
121          (c) physical distance between the residences of the parents, making joint decision
122     making impractical in certain circumstances; or
123          (d) any other factor the court considers relevant including those listed in this section
124     and Section 30-3-10.2.
125          [(4)] (6) (a) The person who desires joint legal custody shall file a proposed parenting
126     plan in accordance with Sections 30-3-10.8 and 30-3-10.9.
127          (b) A presumption for joint legal custody may be rebutted by a showing by a
128     preponderance of the evidence that it is not in the best interest of the child.
129          [(5)] (7) (a) A child may not be required by either party to testify unless the trier of fact
130     determines that extenuating circumstances exist that would necessitate the testimony of the
131     child be heard and there is no other reasonable method to present the child's testimony.
132          (b) (i) The court may inquire of the child's and take into consideration the child's
133     desires regarding future custody or parent-time schedules, but the expressed desires are not
134     controlling and the court may determine the child's custody or parent-time otherwise.
135          (ii) The desires of a child 14 years old or older shall be given added weight, but is not
136     the single controlling factor.
137          (c) (i) If an interview with a child is conducted by the court pursuant to Subsection
138     [(5)(b)] (7)(b), the interview shall be conducted by the judge in camera.
139          (ii) The prior consent of the parties may be obtained but is not necessary if the court
140     finds that an interview with a child is the only method to ascertain the child's desires regarding
141     custody.
142          [(6)] (8) (a) Except as provided in Subsection [(6)(b)] (8)(b), a court may not
143     discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding
144     custody or determining whether a substantial change has occurred for the purpose of modifying
145     an award of custody.
146          (b) The court may not consider the disability of a parent as a factor in awarding custody
147     or modifying an award of custody based on a determination of a substantial change in
148     circumstances, unless the court makes specific findings that:
149          (i) the disability significantly or substantially inhibits the parent's ability to provide for
150     the physical and emotional needs of the child at issue; and
151          (ii) the parent with a disability lacks sufficient human, monetary, or other resources
152     available to supplement the parent's ability to provide for the physical and emotional needs of
153     the child at issue.
154          (c) Nothing in this section may be construed to apply to adoption proceedings under
155     Title 78B, Chapter 6, Part 1, Utah Adoption Act.
156          [(7)] (9) This section does not establish a preference for either parent solely because of
157     the gender of the parent.
158          [(8)] (10) This section establishes neither a preference nor a presumption for or against
159     joint physical custody or sole physical custody, but allows the court and the family the widest
160     discretion to choose a parenting plan that is in the best interest of the child.
161          [(9)] (11) When an issue before the court involves custodial responsibility in the event
162     of a deployment of one or both parents who are service members and the service member has
163     not yet been notified of deployment, the court shall resolve the issue based on the standards in
164     Sections 78B-20-306 through 78B-20-309.
165          [(10)] (12) In considering the past conduct and demonstrated moral standards of each
166     party under Subsection [(2)(d)] (4)(c) or any other factor a court finds relevant, the court may
167     not:
168          (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
169     dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
170     accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies,
171     Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection
172     58-37-3.7(2) or (3) any differently than the court would consider or treat the lawful possession
173     or use of any prescribed controlled substance; or
174          (b) discriminate against a parent because of the parent's status as a:
175          (i) cannabis production establishment agent, as that term is defined in Section
176     4-41a-102;
177          (ii) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
178          (iii) medical cannabis courier agent, as that term is defined in Section 26B-4-201; or
179          (iv) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
180     Cannabinoid Research and Medical Cannabis.
181     The following section is affected by a coordination clause at the end of this bill.
182          Section 2. Section 30-3-10.1 is amended to read:
183          30-3-10.1. Definitions -- Joint legal custody -- Joint physical custody.
184          As used in this chapter:
185          (1) "Abuse" means the same as that term is defined in Section 80-1-102.
186          (2) (a) "Custodial responsibility" includes all powers and duties relating to caretaking
187     authority and decision-making authority for a child.
188          (b) "Custodial responsibility" includes physical custody, legal custody, parenting time,
189     right to access, [visitation] parent-time, and authority to grant limited contact with a child.
190          [(2)] (3) "Domestic violence" means the same as that term is defined in Section
191     77-36-1.
192          (4) "Joint legal custody":
193          (a) means the sharing of the rights, privileges, duties, and powers of a parent by both
194     parents, where specified;
195          (b) may include an award of exclusive authority by the court to one parent to make
196     specific decisions;
197          (c) does not affect the physical custody of the child except as specified in the order of
198     joint legal custody;
199          (d) is not based on awarding equal or nearly equal periods of physical custody of and
200     access to the child to each of the parents, as the best interest of the child often requires that a
201     primary physical residence for the child be designated; and
202          (e) does not prohibit the court from specifying one parent as the primary caretaker and
203     one home as the primary residence of the child.
204          [(3)] (5) "Joint physical custody":
205          (a) means the child stays with each parent overnight for more than 30% of the year, and
206     both parents contribute to the expenses of the child in addition to paying child support;
207          (b) can mean equal or nearly equal periods of physical custody of and access to the
208     child by each of the parents, as required to meet the best interest of the child;
209          (c) may require that a primary physical residence for the child be designated; and
210          (d) does not prohibit the court from specifying one parent as the primary caretaker and
211     one home as the primary residence of the child.
212          (6) "Protective order" means:
213          (a) a civil protective order, as that term is defined in Section 78B-7-102;
214          (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
215          (c) a foreign protection order, as that term is defined in Section 78B-7-302.
216          (7) "Psychological maltreatment" means a repeated pattern or extreme incident of
217     caretaker behavior that:
218          (a) intentionally thwarts a child's basic psychological needs, including physical and
219     psychological safety, cognitive stimulation, and respect;
220          (b) conveys that a child is worthless, defective, or expendable; and
221          (c) may terrorize a child.
222          [(4)] (8) " Service member" means a member of a uniformed service.
223          (9) "Sexual abuse" means the same as that term is defined in Section 80-1-102.
224          [(5)] (10) "Uniformed service" means:
225          (a) active and reserve components of the United States Armed Forces;
226          (b) the United States Merchant Marine;
227          (c) the commissioned corps of the United States Public Health Service;
228          (d) the commissioned corps of the National Oceanic and Atmospheric Administration
229     of the United States; or
230          (e) the National Guard of a state.
231          Section 3. Section 30-3-10.10 is amended to read:
232          30-3-10.10. Parenting plan -- Domestic violence.
233          (1) In any proceeding regarding a parenting plan, the court shall consider evidence of
234     domestic violence in accordance with Section 30-3-41, if presented.
235          (2) If there is a protective order, civil stalking injunction, or the court finds that a
236     parent has committed domestic violence, the court shall consider the impact of domestic
237     violence in awarding parent-time, and make specific findings regarding the award of
238     parent-time.
239          (3) If the court orders parent-time and a protective order or civil stalking injunction is
240     still in place, it shall consider whether to order the parents to conduct parent-time pick-up and
241     transfer through a third party. The parent who is the stated victim in the order or injunction
242     may submit to the court, and the court shall consider, the name of a person considered suitable
243     to act as the third party.
244          (4) If the court orders the parents to conduct parent-time through a third party, the
245     parenting plan shall specify the time, day, place, manner, and the third party to be used to
246     implement the exchange.
247     The following section is affected by a coordination clause at the end of this bill.
248          Section 4. Section 30-3-34 is amended to read:
249          30-3-34. Parent-time -- Best interests -- Rebuttable presumption.
250          (1) If the parties are unable to agree on a parent-time schedule, the court may:
251          (a) establish a parent-time schedule; or
252          (b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or
253     30-3-35.5.
254          (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
255     schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum
256     parent-time to which the noncustodial parent and the child shall be entitled.
257          (3) In accordance with Section 30-3-41, when ordering a parent-time schedule a court
258     shall consider:
259          (a) evidence of domestic violence, physical abuse, or sexual abuse involving the child,
260     a parent, or a household member of the parent; and
261          (b) whether parent-time would endanger the child's health or physical or psychological
262     safety.
263          (4) A court may consider the following when ordering a parent-time schedule:
264          [(a) whether parent-time would endanger the child's physical health or mental health,
265     or significantly impair the child's emotional development;]
266          [(b)] (a) evidence of [domestic violence, neglect, physical abuse, sexual abuse, or
267     emotional abuse, involving the child, a parent, or a household member of the parent]
268     psychological maltreatment;
269          [(c)] (b) the distance between the residency of the child and the noncustodial parent;
270          [(d) a credible allegation of child abuse has been made;]
271          [(e)] (c) the lack of demonstrated parenting skills without safeguards to ensure the
272     child's well-being during parent-time;
273          [(f)] (d) the financial inability of the noncustodial parent to provide adequate food and
274     shelter for the child during periods of parent-time;
275          [(g)] (e) the preference of the child if the court determines the child is of sufficient
276     maturity;
277          [(h)] (f) the incarceration of the noncustodial parent in a county jail, secure youth
278     corrections facility, or an adult corrections facility;
279          [(i)] (g) shared interests between the child and the noncustodial parent;
280          [(j)] (h) the involvement or lack of involvement of the noncustodial parent in the
281     school, community, religious, or other related activities of the child;
282          [(k)] (i) the availability of the noncustodial parent to care for the child when the
283     custodial parent is unavailable to do so because of work or other circumstances;
284          [(l)] (j) a substantial and chronic pattern of missing, canceling, or denying regularly
285     scheduled parent-time;
286          [(m)] (k) the minimal duration of and lack of significant bonding in the parents'
287     relationship before the conception of the child;
288          [(n)] (l) the parent-time schedule of siblings;
289          [(o)] (m) the lack of reasonable alternatives to the needs of a nursing child; and
290          [(p)] (n) any other criteria the court determines relevant to the best interests of the
291     child.
292          [(4)] (5) The court shall enter the reasons underlying the court's order for parent-time
293     that:
294          (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
295          (b) provides more or less parent-time than a parent-time schedule provided in Section
296     30-3-35 or 30-3-35.5.
297          [(5)] (6) A court may not order a parent-time schedule unless the court determines by a
298     preponderance of the evidence that the parent-time schedule is in the best interest of the child.
299          [(6)] (7) Once the parent-time schedule has been established, the parties may not alter
300     the schedule except by mutual consent of the parties or a court order.
301     The following section is affected by a coordination clause at the end of this bill.
302          Section 5. Section 30-3-34.5 is amended to read:
303          30-3-34.5. Supervised parent-time.
304          (1) Considering the fundamental liberty interests of parents and children, it is the
305     policy of this state that divorcing parents have unrestricted and unsupervised access to their
306     children. When necessary to protect a child and no less restrictive means is reasonably
307     available however, and in accordance with Section 30-3-41, a court may order supervised
308     parent-time if the court finds evidence that the child would be subject to physical or emotional
309     harm or child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, [and]
310     76-5-114, and 80-1-102, from the noncustodial parent if left unsupervised with the
311     noncustodial parent.
312          (2) [A court that] If the court finds evidence of domestic violence, child abuse, or an
313     ongoing risk to a child, and orders supervised parent-time, the court shall give preference to
314     [persons suggested by the parties to supervise, including relatives] supervision by a
315     professional individual or private agency trained in child abuse reporting laws, the
316     developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual
317     abuse, and substance abuse.
318          (3) If a professional individual or private agency described in Subsection (2) is not
319     available, affordable, or practicable under the circumstances, a court shall give preference to
320     supervision by an individual who is:
321          (a) capable and willing to provide physical and psychological safety and security to the
322     child, and to assist in the avoidance and prevention of domestic and family violence; and
323          (b) is trained in child abuse reporting laws, the developmental needs of a child, and the
324     dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
325          (4) [If the court finds that the persons suggested by the parties are] If an individual
326     described in Subsection (2) or (3) is not available, affordable, or practicable under the
327     circumstances, or if the court does not find evidence of domestic violence, child abuse, or an
328     ongoing risk to a child, a court may order supervised parent-time that is supervised by an
329     individual who is willing to supervise, and [are] is capable of protecting the [children] child
330     from physical or emotional harm, or child abuse, [the court shall authorize the persons to
331     supervise parent-time] and the court shall give preference to individuals suggested by the
332     parties, including relatives.
333          [(3) If the court is unable to authorize any persons to supervise parent-time pursuant to
334     Subsection (2), the court may require that the noncustodial parent seek the services of a
335     professional individual or agency to exercise their supervised parent-time.]
336          [(4)] (5) At the time supervised parent-time is imposed, the court shall consider:
337          (a) whether the cost of professional or agency services is likely to prevent the
338     noncustodial parent from exercising parent-time; and
339          (b) whether the requirement for supervised parent-time should expire after a set period
340     of time.
341          [(5) The]
342          (6) Except when the court makes a finding that, due to abuse by or the incapacity of the
343     noncustodial parent, supervised parent-time will be necessary indefinitely to ensure the
344     physical or psychological safety and protection of the child, the court shall, in its order for
345     supervised parent-time, provide specific goals and expectations for the noncustodial parent to
346     accomplish before unsupervised parent-time may be granted. The court shall schedule one or
347     more follow-up hearings to revisit the issue of supervised parent-time.
348          [(6)] (7) A noncustodial parent may, at any time, petition the court to modify the order
349     for supervised parent-time if the noncustodial parent can demonstrate that the specific goals
350     and expectations set by the court in Subsection [(5)] (6) have been accomplished.
351     The following section is affected by a coordination clause at the end of this bill.
352          Section 6. Section 30-3-41 is enacted to read:
353          30-3-41. Definitions -- Expert evidence -- Violence or abuse findings -- Child
354     relationship and reunification.
355          (1) As used in this section:
356          (a) (i) "Child custody proceeding" means a civil proceeding between the parents of a
357     child that involves the care or custody of the child, including proceedings involving:
358          (A) divorce;
359          (B) separation;
360          (C) parent-time;
361          (D) paternity;
362          (E) child support; or
363          (F) legal or physical custody of the child.
364          (ii) "Child custody proceeding" does not include:
365          (A) a child protective, abuse, or neglect proceeding;
366          (B) a juvenile justice proceeding; or
367          (C) a child placement proceeding in which a state, local, or tribal government, a
368     designee of such a government, or any contracted child welfare agency or child protective
369     services agency of such a government is a party to the proceeding.
370          (b) "Forensic" means professional activities undertaken pursuant to a court order or for
371     use in litigation, including the evaluation or treatment of a parent, child, or other individual
372     who is involved in a child custody proceeding.
373          (c) "Reunification treatment" means a treatment or therapy aimed at reuniting or
374     reestablishing a relationship between a child and an estranged or rejected parent or other family
375     member of the child.
376          (2) In a child custody proceeding, if a parent is alleged to have committed domestic
377     violence or abuse, including sexual abuse:
378          (a) the court may admit expert evidence from a court-appointed or outside professional
379     relating to alleged domestic violence or abuse only if the professional possesses demonstrated
380     expertise and adequate experience in working with victims of domestic violence or abuse,
381     including sexual abuse, that is not solely of a forensic nature; and
382          (b) in making a finding regarding an allegation of domestic violence or abuse,
383     including sexual abuse, the court shall consider evidence of past domestic violence, sexual
384     violence, or abuse committed by the accused parent, including:
385          (i) any past or current protective order against the accused parent; or
386          (ii) any charge, arrest, or conviction of the accused parent for domestic violence, sexual
387     violence, or abuse.
388          (3) Subsection (2) does not preclude the court from:
389          (a) admitting expert evidence, subject to rules of evidence, from a court-appointed or
390     outside professional relating to issues other than alleged domestic violence or abuse; or
391          (b) admitting evidence, subject to rules of evidence, that is discovered or otherwise
392     becomes available through treatment or therapy after the court enters an order of custody or
393     parent-time.
394          (4) As part of a child custody proceeding, a court may not, solely in order to improve a
395     deficient relationship between a parent and a child, including in the context of reunification
396     treatment:
397          (a) remove the child from a parent or litigating party:
398          (i) who is competent and not physically or sexually abusive; and
399          (ii) with whom the child is bonded; or
400          (b) restrict reasonable contact between the child and a parent or litigating party:
401          (i) who is competent and not physically or sexually abusive; and
402          (ii) with whom the child is bonded.
403          (5) As part of a child custody proceeding where the court has reasonable cause to
404     believe that there is domestic violence, child abuse, or an ongoing risk to the child:
405          (a) a court may not order a reunification treatment or program unless there is generally
406     accepted proof:
407          (i) of the physical and psychological safety, effectiveness, and therapeutic value of the
408     reunification treatment; and
409          (ii) that the reunification treatment is not associated with causing harm to a child;
410          (b) a court may not order a reunification treatment that is predicated on cutting off a
411     child from a parent:
412          (i) who is competent and not physically or sexually abusive; and
413          (ii) with whom the child is bonded;
414          (c) any order to remediate the resistance of a child to have contact with a violent or
415     abusive parent shall primarily address the behavior of that parent or the contributions of that
416     parent to the resistance of the child; and
417          (d) any order to a parent who meets the criteria in Subsections (5)(b)(i) and (ii), and
418     that requires the parent to take steps to potentially improve the child's relationship with a
419     violent or abusive parent, shall:
420          (i) prioritize the child's physical and psychological safety and needs; and
421          (ii) be narrowly tailored to address specific behavior.
422          (6) Subject to Subsection (4), Subsection (5) does not preclude the court from ordering
423     mental health treatment by a licensed mental health professional that is generally accepted by
424     and meets the standards of practice for mental health professions if:
425          (a) the court does not have reasonable cause to believe that there is domestic violence,
426     child abuse, or an ongoing risk to the child; and
427          (b) the treatment does not pose a risk to the child or parent.
428          Section 7. Section 78A-2-232 is enacted to read:
429          78A-2-232. Child abuse and domestic abuse education and training for judges,
430     court commissioners, and court personnel.
431          (1) As used in this section:
432          (a) "Advocacy services provider" means the same as that term is defined in Section
433     77-38-403.
434          (b) "Child custody proceeding" means a civil proceeding between the parents of a child
435     that involves the care or custody of the child including proceedings involving:
436          (i) divorce;
437          (ii) separation;
438          (iii) parent-time;
439          (iv) paternity;
440          (v) child support;
441          (vi) legal or physical custody of a child; or
442          (vii) a civil protective order as that term is defined in Section 78B-7-102.
443          (2) The state court administrator described in Section 78A-2-105 shall develop or
444     recommend a proposed training and education program that:
445          (a) shall be designed to improve the ability of the courts to:
446          (i) recognize domestic violence and child abuse in child custody proceedings; and
447          (ii) make appropriate custody decisions that prioritize a child's physical and
448     psychological safety and well-being;
449          (b) shall focus solely on domestic and sexual violence and child abuse, including:
450          (i) child sexual abuse;
451          (ii) physical abuse;
452          (iii) emotional abuse;
453          (iv) coercive control;
454          (v) implicit and explicit bias, including biases relating to parents with disabilities;
455          (vi) trauma;
456          (vii) long-term and short-term impacts of domestic violence and child abuse on
457     children; and
458          (viii) victim and perpetrator behavior patterns and relationship dynamics within the
459     cycle of violence;
460          (c) shall be based on evidence-based and peer-reviewed research by recognized experts
461     in the types of abuse described in Subsection (2)(b);
462          (d) shall require training to be provided by a professional with substantial experience in
463     assisting survivors of domestic violence or child abuse, including an advocacy services
464     provider;
465          (e) may include input from a survivor of domestic violence or child physical or sexual
466     abuse; and
467          (f) may incorporate curriculum, best practices, or other materials developed for or used
468     in similar training and education programs.
469          (3) (a) The state court administrator shall present the proposed or recommended
470     training and education program to the Judiciary Interim Committee on or before the
471     committee's September 2024 interim meeting.
472          (b) The presentation described in Subsection (3)(a) shall include:
473          (i) recommendations for the specific personnel positions that will be required to
474     participate in the program;
475          (ii) recommended performance metrics for the program and how those metrics may be
476     tracked;
477          (iii) an estimate of the costs to implement the program; and
478          (iv) an identification of potential grant sources, if any, that may be available to fund the
479     program in whole or in part.
480     The following section is affected by a coordination clause at the end of this bill.
481          Section 8. Section 78B-7-121 is enacted to read:
482          78B-7-121. Requirements for proceedings between the parents of a child.
483          (1) (a) As used in this section, "relevant proceeding" means a civil proceeding under
484     this chapter:
485          (i) between the parents of a child;
486          (ii) that involves the care or custody of the child; and
487          (iii) that concerns a protective order under this chapter.
488          (b) "Relevant proceeding" does not include:
489          (i) any child protective, abuse, or neglect proceeding;
490          (ii) a juvenile justice proceeding; or
491          (iii) any child placement proceeding in which a state, local, or tribal government, a
492     designee of such a government, or any contracted child welfare agency or child protective
493     services agency of such a government is a party to the proceeding.
494          (2) In a relevant proceeding, the court shall comply with the standards described in
495     Section 30-3-41.
496          Section 9. Effective date.
497          This bill takes effect on May 1, 2024.
498          Section 10. Coordinating H.B. 272 with S.B. 95.
499          If H.B. 272, Child Custody Proceedings Amendments, and S.B. 95, Domestic Relations
500     Recodification, both pass and become law, the Legislature intends that, on September 1, 2024:
501          (1) Subsections 30-3-10(1) through (4) in H.B. 272 be amended to read:
502          "[(1) If a married couple having one or more minor children are separated, or the
503     married couple's marriage is declared void or dissolved, the court shall enter, and has
504     continuing jurisdiction to modify, an order of custody and parent-time.]
505          [(2) In determining any form of custody and parent-time under Subsection (1), the court
506     shall consider the best interest of the child and may consider among other factors the court
507     finds relevant, the following for each parent:]
508          (1) In a proceeding between parents in which the custody and parent-time of a minor
509     child is at issue, the court shall consider the best interests of the minor child in determining any
510     form of custody and parent-time.
511          (2) The court shall determine whether an order for custody or parent-time is in the best
512     interests of the minor child by a preponderance of the evidence.
513          (3) In determining any form of custody and parent-time under Subsection (1), the court
514     shall consider:
515          (a) for each parent, and in accordance with Section 81-9-103, evidence of domestic
516     violence, physical abuse, or sexual abuse involving the minor child, the parent, or a household
517     member of the parent;
518          (b) whether the parent has intentionally exposed the minor child to pornography or
519     material harmful to minors, as "material" and "harmful to minors" are defined in Section
520     76-10-1201; and
521          (c) whether custody and parent-time would endanger the minor child's health or
522     physical or psychological safety.
523          (4) In determining the form of custody and parent-time that is in the best interests of
524     the minor child, the court may consider, among other factors the court finds relevant, the
525     following for each parent:
526          (a) evidence of [domestic violence, neglect, physical abuse, sexual abuse, or emotional
527     abuse, involving the child, the parent, or a household member of the parent;] psychological
528     maltreatment;
529          (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
530     the developmental needs of the minor child, including the minor child's:
531          (i) physical needs;
532          (ii) emotional needs;
533          (iii) educational needs;
534          (iv) medical needs; and
535          (v) any special needs;
536          (c) the parent's capacity and willingness to function as a parent, including:
537          (i) parenting skills;
538          (ii) co-parenting skills, including:
539          (A) ability to appropriately communicate with the other parent;
540          (B) ability to encourage the sharing of love and affection; and
541          (C) willingness to allow frequent and continuous contact between the minor child and
542     the other parent, except that, if the court determines that the parent is acting to protect the
543     minor child from domestic violence, neglect, or abuse, the parent's protective actions may be
544     taken into consideration; and
545          (iii) ability to provide personal care rather than surrogate care;
546          (d) [in accordance with Subsection (10),] the past conduct and demonstrated moral
547     character of the parent as described in Subsection (9);
548          (e) the emotional stability of the parent;
549          (f) the parent's inability to function as a parent because of drug abuse, excessive
550     drinking, or other causes;
551          [(g) whether the parent has intentionally exposed the child to pornography or material
552     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;]
553          [(h)] (g) the parent's reasons for having relinquished custody or parent-time in the past;
554          [(i)] (h) duration and depth of desire for custody or parent-time;
555          [(j)] (i) the parent's religious compatibility with the minor child;
556          [(k)] (j) the parent's financial responsibility;
557          [(l)] (k) the child's interaction and relationship with step-parents, extended family
558     members of other individuals who may significantly affect the minor child's best interests;
559          [(m)] (l) who has been the primary caretaker of the minor child;
560          [(n)] (m) previous parenting arrangements in which the minor child has been happy and
561     well-adjusted in the home, school, and community;
562          [(o)] (n) the relative benefit of keeping siblings together;
563          [(p)] (o) the stated wishes and concerns of the minor child, taking into consideration the
564     minor child's cognitive ability and emotional maturity;
565          [(q)] (p) the relative strength of the minor child's bond with the parent, meaning the
566     depth, quality, and nature of the relationship between the parent and the minor child; and
567          [(r)] (q) any other factor the court finds relevant.";
568          (2) all references to "child" in Subsections 30-3-10.1(7) and 30-3-34(3) in H.B. 272 be
569     changed to "minor child";
570          (3) the changes to Subsection 30-3-34(4)(a) in H.B. 272 supersede the changes to
571     Subsection 81-9-206(3)(b) in S.B. 95;
572          (4) all references to "child" in Subsection 30-3-34.5(3)(a) in H.B. 272 be changed to
573     "minor child";
574          (5) Subsection 30-3-34.5(4) in H.B. 272 be amended to read:
575          "(4) [If the court finds that the persons suggested by the parties are] If an individual
576     described in Subsection (2) or (3) is not available, affordable, or practicable under the
577     circumstances, or if the court does not find evidence of domestic violence, child abuse, or an
578     ongoing risk to a minor child, a court may order supervised parent-time that is supervised by an
579     individual who is willing to supervise, and [are] is capable of protecting the [children] minor
580     child from physical or emotional harm, or child abuse, [the court shall authorize the persons to
581     supervise parent-time] and the court shall give preference to individuals suggested by the
582     parties, including relatives.";
583          (6) all references to "child" in Subsection 30-3-34.5(6) in H.B. 272 be changed to
584     "minor child";
585          (7) Section 30-3-41 enacted in H.B. 272 be renumbered to 81-9-103 and be amended to
586     read:
587          "[30-3-41.]      81-9-103. Expert evidence -- Violence or abuse findings -- Child
588     relationship and reunification.
589          (1) As used in this section:
590          (a) (i) "Child custody proceeding" means a civil proceeding between the parents of a
591     minor child that involves the care or custody of the minor child, including proceedings
592     involving:
593          (A) divorce;
594          (B) separation;
595          (C) parent-time;
596          (D) paternity;
597          (E) child support; or
598          (F) legal or physical custody of the minor child.
599          (ii) "Child custody proceeding" does not include:
600          (A) a child protective, abuse, or neglect proceeding;
601          (B) a juvenile justice proceeding; or
602          (C) a child placement proceeding in which a state, local, or tribal government, a
603     designee of such a government, or any contracted child welfare agency or child protective
604     services agency of such a government is a party to the proceeding.
605          (b) "Forensic" means professional activities undertaken pursuant to a court order or for
606     use in litigation, including the evaluation or treatment of a parent, minor child, or other
607     individual who is involved in a child custody proceeding.
608          (c) "Reunification treatment" means a treatment or therapy aimed at reuniting or
609     reestablishing a relationship between a minor child and an estranged or rejected parent or other
610     family member of the minor child.
611          (2) In a child custody proceeding, if a parent is alleged to have committed domestic
612     violence or abuse, including sexual abuse:
613          (a) the court may admit expert evidence from a court-appointed or outside professional
614     relating to alleged domestic violence or abuse only if the professional possesses demonstrated
615     expertise and adequate experience in working with victims of domestic violence or abuse,
616     including sexual abuse, that is not solely of a forensic nature; and
617          (b) in making a finding regarding an allegation of domestic violence or abuse,
618     including sexual abuse, the court shall consider evidence of past domestic violence, sexual
619     violence, or abuse committed by the accused parent, including:
620          (i) any past or current protective order against the accused parent; or
621          (ii) any charge, arrest, or conviction of the accused parent for domestic violence, sexual
622     violence, or abuse.
623          (3) Subsection (2) does not preclude the court from:
624          (a) admitting expert evidence, subject to rules of evidence, from a court-appointed or
625     outside professional relating to issues other than alleged domestic violence or abuse; or
626          (b) admitting evidence, subject to rules of evidence, that is discovered or otherwise
627     becomes available through treatment or therapy after the court enters an order of custody or
628     parent-time.
629          (4) As part of a child custody proceeding, a court may not, solely in order to improve a
630     deficient relationship between a parent and a minor child, including in the context of
631     reunification treatment:
632          (a) remove the minor child from a parent or litigating party:
633          (i) who is competent and not physically or sexually abusive; and
634          (ii) with whom the minor child is bonded; or
635          (b) restrict reasonable contact between the minor child and a parent or litigating party:
636          (i) who is competent and not physically or sexually abusive; and
637          (ii) with whom the minor child is bonded.
638          (5) As part of a child custody proceeding where the court has reasonable cause to
639     believe that there is domestic violence, child abuse, or an ongoing risk to the child:
640          (a) a court may not order a reunification treatment or program unless there is generally
641     accepted proof:
642          (i) of the physical and psychological safety, effectiveness, and therapeutic value of the
643     reunification treatment; and
644          (ii) that the reunification treatment is not associated with causing harm to a child;
645          (b) a court may not order a reunification treatment that is predicated on cutting off a
646     minor child from a parent:
647          (i) who is competent and not physically or sexually abusive; and
648          (ii) with whom the minor child is bonded;
649          (c) any order to remediate the resistance of a minor child to have contact with a violent
650     or abusive parent shall primarily address the behavior of that parent or the contributions of that
651     parent to the resistance of the minor child; and
652          (d) any order to a parent who meets the criteria in Subsections (5)(b)(i) and (ii), and
653     that requires the parent to take steps to potentially improve the minor child's relationship with a
654     violent or abusive parent, shall:
655          (i) prioritize the minor child's physical and psychological safety and needs; and
656          (ii) be narrowly tailored to address specific behavior.
657          (6) Subject to Subsection (4), Subsection (5) does not preclude the court from ordering
658     mental health treatment by a licensed mental health professional that is generally accepted by
659     and meets the standards of practice for mental health professions if:
660          (a) the court does not have reasonable cause to believe that there is domestic violence,
661     child abuse, or an ongoing risk to the child; and
662          (b) the treatment does not pose a risk to the child or parent.";
663          (8) the reference in Subsection 78B-7-121(2) in H.B. 272 be changed from "Section
664     30-3-41" to "Section 81-9-103.";
665          (9) Subsection 81-9-205(2)(a)(i) in S.B. 95 be amended to read:
666          "(i) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
667     abuse involving the minor child, a parent, or a household member of the parent in accordance
668     with Section 81-9-103;"; and
669          (10) Subsection 81-9-207(1) in S.B. 95 be amended to read:
670          "(1) If it is necessary to protect a minor child and there is no less restrictive means
671          reasonably available, and in accordance with Section 81-9-103, a court may order
672     supervised parent-time if the court finds evidence that the minor child would be subject to
673     physical or emotional harm or child abuse, as described in Sections 76-5-109, 76-5-109.2,
674     76-5-109.3, 76-5-114, and 80-1-102, from the noncustodial parent if left unsupervised with the
675     noncustodial parent.".