8
80-8-101
80-8-201
80-8-202
80-8-203
80-8-204
80-8-205
YOUTH SERVICE ORGANIZATIONS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill addresses requirements for certain organizations that hire individuals or use
volunteers to care for or supervise children.
Highlighted Provisions:
This bill:
defines terms;
requires youth service organizations to:
conduct a search of the Utah and national sex offender registries before employing
or using as a volunteer an individual who would be responsible to care for or supervise
children; and
provide training and have policies and procedures concerning the identification and
reporting of sexual abuse;
provides that for certain purposes, a youth service organization is considered negligent
if it fails to conduct a sex offender registry search, or employs or uses as a volunteer an
individual who was on the Utah or national sex offender registry;
allows an insurer to request information from a youth service organization concerning
compliance with the requirements of this bill; and
states that the provisions of the bill do not abrogate any existing cause of action or create
a new private right of action.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
80-8-101, Utah Code Annotated 1953
80-8-201, Utah Code Annotated 1953
80-8-202, Utah Code Annotated 1953
80-8-203, Utah Code Annotated 1953
80-8-204, Utah Code Annotated 1953
80-8-205, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section
80-8-101 is enacted to read:
8. YOUTH SERVICE ORGANIZATIONS
1. General Provisions
80-8-101. Definitions.
As used in this chapter:
(1)
"Child" means an individual under 18 years old.
(2)
"Registered sex offender check" means a search of:
(a)
the state's Sex and Kidnap Offender Registry described in Title 77, Chapter 41, Sex
and Kidnap Offender Registry; and
(b)
the National Sex Offender Public Website administered by the United States
Department of Justice.
(3)
"Sexual abuse" means the same as that term is defined in Section
78B-2-308.
(4)
(a)
"Youth services organization" means a sports league, athletic association, church
or religious organization, scouting organization, or similar formally organized
association, league, or organization, that provides recreational, educational, cultural,
or social programs or activities to 25 or more children.
(b)
"Youth services organization" does not include any person that is required to conduct
a background check on employees or volunteers under any other provision of state or
federal law.
(5)
"Youth worker" means an individual:
(a)
who is 18 years old or older;
(b)
who is employed by or volunteers with a youth services organization; and
(c)
whose responsibilities as an employee or volunteer with the youth services
organization give the individual regular and repeated care, supervision, guidance, or
control of a child or children.
Section 2, Section
80-8-201 is enacted to read:
2. Requirements and Penalties
80-8-201. Youth protection requirements.
(1)
A youth service organization may not employ a youth worker or allow an individual to
volunteer as a youth worker unless the youth service organization has completed a
registered sex offender check for the individual.
(2)
A youth services organization shall require a potential youth worker to provide the
individual's full name and a current, government-issued identification to facilitate the
registered sex offender check required by Subsection (1).
(3)
If an individual is registered on the state's Sex and Kidnap Offender Registry or the
National Sex Offender Public Website, a youth service organization may not employ the
individual as a youth worker or allow the individual to volunteer as a youth worker.
Section 3, Section
80-8-202 is enacted to read:
80-8-202. Training -- Policies.
(1)
A youth service organization shall provide and a youth worker shall complete
reasonable training in sexual abuse identification and reporting.
(2)
A youth service organization shall implement reasonable child abuse prevention policies
and procedures that include:
(a)
policies to ensure that a registered sex offender check is conducted for each youth
worker before the youth worker is employed or allowed to volunteer; and
(b)
policies to ensure the reporting of suspected sexual abuse in compliance with Section
80-2-602
.
Section 4, Section
80-8-203 is enacted to read:
80-8-203. Penalty.
(1)
Beginning May 1, 2025, in any lawsuit against a youth service organization arising out
of the molestation or sexual abuse of a child committed by a youth worker against a
child who was in the custody or care of the youth service organization, the youth service
organization shall be considered negligent if:
(a)
(i)
the youth service organization failed to conduct a registered sex offender check
for the youth worker who committed the molestation or sexual abuse; and
(ii)
a registered sex offender check for the youth worker would have revealed that the
youth worker was registered on the state's Sex and Kidnap Offender Registry or
the National Sex Offender Public Website; or
(b)
(i)
the youth service organization conducted a registered sex offender check for
the youth worker who committed the molestation or sexual abuse;
(ii)
the registered sex offender check revealed that the youth worker was registered
on the state's Sex and Kidnap Offender Registry or the National Sex Offender
Public Website; and
(iii)
the youth service organization nevertheless employed the youth worker or
allowed the youth worker to volunteer.
(2)
Nothing in this section excuses the plaintiff in a lawsuit described in Subsection (1)
from proving all other elements of any pleaded claim, including, as applicable, duty,
proximate cause, or damages.
Section 5, Section
80-8-204 is enacted to read:
80-8-204. Insurance.
(1)
Before writing liability insurance for a youth service organization in the state, an insurer
may do one or more of the following:
(a)
request information from the youth service organization demonstrating compliance
with this chapter as part of the insurer's loss control program; or
(b)
require, as a condition of providing insurance, proof that the youth service
organization is in compliance with this chapter.
(2)
Nothing in this chapter shall be construed to alter or amend existing obligations under
any policy of insurance.
Section 6, Section
80-8-205 is enacted to read:
80-8-205. No effect on cause of action -- No duty created.
(1)
Nothing in this chapter abrogates any existing cause of action.
(2)
Nothing in this chapter creates a private right of action or establishes a duty of
reasonable care where one would not otherwise exist.
Section 7.
Effective date.
This bill takes effect on May 1, 2025.