Text of UT HB 157 (2024)

H.B. 157 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: E.N. Weeks 6 6 01-04-24 12:42 PM 6 H.B. 157 1 CHILD CUSTODY FACTOR AMENDMENTS 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Stephanie Gricius 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill modifies factors used in determining custody for minor children in relation to a 10 minor child's gender identity. 11 Highlighted Provisions: 12 This bill: 13 < provides that a parent's approval or disapproval, in itself, of a child's gender identity, 14 is not a factor to be considered: 15 C in a Division of Child and Family Services determination regarding removal of 16 a child from parental custody; and 17 C when determining child custody as part of a divorce or other family law 18 proceeding. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 None 23 Utah Code Sections Affected: 24 AMENDS: 25 30-3-10, as last amended by Laws of Utah 2023, Chapters 44, 327 26 80-2a-202, as last amended by Laws of Utah 2023, Chapter 330 27 *HB0157* H.B. 157 01-04-24 12:42 PM - 2 - 28 Be it enacted by the Legislature of the state of Utah: 29 Section 1. Section 30-3-10 is amended to read: 30 30-3-10. Custody of a child -- Custody factors. 31 (1) If a married couple having one or more minor children are separated, or the married 32 couple's marriage is declared void or dissolved, the court shall enter, and has continuing 33 jurisdiction to modify, an order of custody and parent-time. 34 (2) In determining any form of custody and parent-time under Subsection (1), the court 35 shall consider the best interest of the child and may consider among other factors the court 36 finds relevant, the following for each parent: 37 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional 38 abuse, involving the child, the parent, or a household member of the parent; 39 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet 40 the developmental needs of the child, including the child's: 41 (i) physical needs; 42 (ii) emotional needs; 43 (iii) educational needs; 44 (iv) medical needs; and 45 (v) any special needs; 46 (c) the parent's capacity and willingness to function as a parent, including: 47 (i) parenting skills; 48 (ii) co-parenting skills, including: 49 (A) ability to appropriately communicate with the other parent; 50 (B) ability to encourage the sharing of love and affection; and 51 (C) willingness to allow frequent and continuous contact between the child and the 52 other parent, except that, if the court determines that the parent is acting to protect the child 53 from domestic violence, neglect, or abuse, the parent's protective actions may be taken into 54 consideration; and 55 (iii) ability to provide personal care rather than surrogate care; 56 (d) in accordance with Subsection (10), the past conduct and demonstrated moral 57 character of the parent; 58 (e) the emotional stability of the parent; 01-04-24 12:42 PM H.B. 157 - 3 - 59 (f) the parent's inability to function as a parent because of drug abuse, excessive 60 drinking, or other causes; 61 (g) whether the parent has intentionally exposed the child to pornography or material 62 harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201; 63 (h) the parent's reasons for having relinquished custody or parent-time in the past; 64 (i) duration and depth of desire for custody or parent-time; 65 (j) the parent's religious compatibility with the child; 66 (k) the parent's financial responsibility; 67 (l) the child's interaction and relationship with step-parents, extended family members 68 of other individuals who may significantly affect the child's best interests; 69 (m) who has been the primary caretaker of the child; 70 (n) previous parenting arrangements in which the child has been happy and 71 well-adjusted in the home, school, and community; 72 (o) the relative benefit of keeping siblings together; 73 (p) the stated wishes and concerns of the child, taking into consideration the child's 74 cognitive ability and emotional maturity; 75 (q) the relative strength of the child's bond with the parent, meaning the depth, quality, 76 and nature of the relationship between the parent and the child; and 77 (r) any other factor the court finds relevant. 78 (3) There is a rebuttable presumption that joint legal custody, as defined in Section 79 30-3-10.1, is in the best interest of the child, except in cases when there is: 80 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional 81 abuse involving the child, a parent, or a household member of the parent; 82 (b) special physical or mental needs of a parent or child, making joint legal custody 83 unreasonable; 84 (c) physical distance between the residences of the parents, making joint decision 85 making impractical in certain circumstances; or 86 (d) any other factor the court considers relevant including those listed in this section 87 and Section 30-3-10.2. 88 (4) (a) The person who desires joint legal custody shall file a proposed parenting plan 89 in accordance with Sections 30-3-10.8 and 30-3-10.9. H.B. 157 01-04-24 12:42 PM - 4 - 90 (b) A presumption for joint legal custody may be rebutted by a showing by a 91 preponderance of the evidence that it is not in the best interest of the child. 92 (5) (a) A child may not be required by either party to testify unless the trier of fact 93 determines that extenuating circumstances exist that would necessitate the testimony of the 94 child be heard and there is no other reasonable method to present the child's testimony. 95 (b) (i) The court may inquire of the child's and take into consideration the child's 96 desires regarding future custody or parent-time schedules, but the expressed desires are not 97 controlling and the court may determine the child's custody or parent-time otherwise. 98 (ii) The desires of a child 14 years old or older shall be given added weight, but is not 99 the single controlling factor. 100 (c) (i) If an interview with a child is conducted by the court pursuant to Subsection 101 (5)(b), the interview shall be conducted by the judge in camera. 102 (ii) The prior consent of the parties may be obtained but is not necessary if the court 103 finds that an interview with a child is the only method to ascertain the child's desires regarding 104 custody. 105 (6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a 106 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining 107 whether a substantial change has occurred for the purpose of modifying an award of custody. 108 (b) The court may not consider the disability of a parent as a factor in awarding custody 109 or modifying an award of custody based on a determination of a substantial change in 110 circumstances, unless the court makes specific findings that: 111 (i) the disability significantly or substantially inhibits the parent's ability to provide for 112 the physical and emotional needs of the child at issue; and 113 (ii) the parent with a disability lacks sufficient human, monetary, or other resources 114 available to supplement the parent's ability to provide for the physical and emotional needs of 115 the child at issue. 116 (c) Nothing in this section may be construed to apply to adoption proceedings under 117 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 118 (7) This section does not establish a preference for either parent solely because of the 119 gender of the parent. 120 (8) This section establishes neither a preference nor a presumption for or against joint 01-04-24 12:42 PM H.B. 157 - 5 - 121 physical custody or sole physical custody, but allows the court and the family the widest 122 discretion to choose a parenting plan that is in the best interest of the child. 123 (9) When an issue before the court involves custodial responsibility in the event of a 124 deployment of one or both parents who are service members and the service member has not 125 yet been notified of deployment, the court shall resolve the issue based on the standards in 126 Sections 78B-20-306 through 78B-20-309. 127 (10) In considering the past conduct and demonstrated moral standards of each party 128 under Subsection (2)(d) or any other factor a court finds relevant, the court may not: 129 (a) (i) consider or treat a parent's lawful possession or use of cannabis in a medicinal 130 dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in 131 accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, 132 Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection 133 58-37-3.7(2) or (3) any differently than the court would consider or treat the lawful possession 134 or use of any prescribed controlled substance; or 135 [(b)] (ii) discriminate against a parent because of the parent's status as a: 136 [(i)] (A) cannabis production establishment agent, as that term is defined in Section 137 4-41a-102; 138 [(ii)] (B) medical cannabis pharmacy agent, as that term is defined in Section 139 26B-4-201; 140 [(iii)] (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201; 141 or 142 [(iv)] (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 143 Cannabinoid Research and Medical Cannabis[.]; or 144 (b) discriminate against a parent based solely upon the parent's agreement or 145 disagreement with a minor child of the couple's: 146 (i) assertion that the child's gender identity is different from the sex assigned to the 147 child at birth; or 148 (ii) practice of having or expressing a different gender identity than the sex assigned to 149 the child at birth. 150 Section 2. Section 80-2a-202 is amended to read: 151 80-2a-202. Removal of a child by a peace officer or child welfare caseworker -- H.B. 157 01-04-24 12:42 PM - 6 - 152 Search warrants -- Protective custody and temporary care of a child. 153 (1) A peace officer or child welfare caseworker may remove a child or take a child into 154 protective custody, temporary custody, or custody in accordance with this section. 155 (2) (a) Except as provided in Subsection (2)(b), a peace officer or a child welfare 156 caseworker may not enter the home of a child whose case is not under the jurisdiction of the 157 juvenile court, remove a child from the child's home or school, or take a child into protective 158 custody unless: 159 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child 160 welfare caseworker of the requirement to obtain a search warrant under Subsection (3); 161 (ii) the peace officer or child welfare caseworker obtains a search warrant under 162 Subsection (3); 163 (iii) the peace officer or child welfare caseworker obtains a court order after the child's 164 parent or guardian is given notice and an opportunity to be heard; or 165 (iv) the peace officer or child welfare caseworker obtains the consent of the child's 166 parent or guardian. 167 (b) A peace officer or a child welfare caseworker may not take action under Subsection 168 (2)(a) solely on the basis of: 169 (i) educational neglect, truancy, or failure to comply with a court order to attend 170 school; [or] 171 (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid 172 Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis product in 173 a medicinal dosage form, or a medical cannabis device, as those terms are defined in Section 174 26B-4-201[.]; or 175 (iii) a parent's agreement or disagreement with a minor child of the couple's: 176 (A) assertion that the child's gender identity is different from the sex assigned to the 177 child at birth; or 178 (B) practice of having or expressing a different gender identity than the sex assigned to 179 the child at birth. 180 (3) (a) The juvenile court may issue a warrant authorizing a peace officer or a child 181 welfare caseworker to search for a child and take the child into protective custody if it appears 182 to the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to 01-04-24 12:42 PM H.B. 157 - 7 - 183 by a peace officer or another individual, and upon the examination of other witnesses if 184 required by the juvenile court, that there is probable cause to believe that: 185 (i) there is a threat of substantial harm to the child's health or safety; 186 (ii) it is necessary to take the child into protective custody to avoid the harm described 187 in Subsection (3)(a)(i); and 188 (iii) it is likely that the child will suffer substantial harm if the child's parent or 189 guardian is given notice and an opportunity to be heard before the child is taken into protective 190 custody. 191 (b) In accordance with Section 77-23-210, a peace officer making the search under 192 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the 193 child. 194 (4) (a) A child welfare caseworker may take action under Subsection (2) accompanied 195 by a peace officer or without a peace officer if a peace officer is not reasonably available. 196 (b) (i) Before taking a child into protective custody, and if possible and consistent with 197 the child's safety and welfare, a child welfare caseworker shall determine whether there are 198 services available that, if provided to a parent or guardian of the child, would eliminate the 199 need to remove the child from the custody of the child's parent or guardian. 200 (ii) In determining whether the services described in Subsection (4)(b)(i) are 201 reasonably available, the child welfare caseworker shall consider the child's health, safety, and 202 welfare as the paramount concern. 203 (iii) If the child welfare caseworker determines the services described in Subsection 204 (4)(b)(i) are reasonably available, the services shall be utilized. 205 (5) (a) If a peace officer or a child welfare caseworker takes a child into protective 206 custody under Subsection (2), the peace officer or child welfare caseworker shall: 207 (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and 208 (ii) release the child to the care of the child's parent or guardian or another responsible 209 adult, unless: 210 (A) the child's immediate welfare requires the child remain in protective custody; or 211 (B) the protection of the community requires the child's detention in accordance with 212 Chapter 6, Part 2, Custody and Detention. 213 (b) (i) If a peace officer or child welfare caseworker is executing a warrant under H.B. 157 01-04-24 12:42 PM - 8 - 214 Subsection (3), the peace officer or child welfare caseworker shall take the child to: 215 (A) a shelter facility; or 216 (B) if the division makes an emergency placement under Section 80-2a-301, the 217 emergency placement. 218 (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility 219 under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall promptly file 220 a written report that includes the child's information, on a form provided by the division, with 221 the shelter facility. 222 (c) A child removed or taken into protective custody under this section may not be 223 placed or kept in detention pending court proceedings, unless the child may be held in 224 detention under Chapter 6, Part 2, Custody and Detention. 225 (6) (a) The juvenile court shall issue a warrant authorizing a peace officer or a child 226 welfare worker to search for a child who is missing, has been abducted, or has run away, and 227 take the child into physical custody if the juvenile court determines that the child is missing, 228 has been abducted, or has run away from the protective custody, temporary custody, or custody 229 of the division. 230 (b) If the juvenile court issues a warrant under Subsection (6)(a): 231 (i) the division shall notify the child's parent or guardian who has a right to parent-time 232 with the child in accordance with Subsection 80-2a-203(5)(a); 233 (ii) the court shall order: 234 (A) the law enforcement agency that has jurisdiction over the location from which the 235 child ran away to enter a record of the warrant into the National Crime Information Center 236 database within 24 hours after the time in which the law enforcement agency receives a copy of 237 the warrant; and 238 (B) the division to notify the law enforcement agency described in Subsection 239 (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and 240 (c) the court shall specify the location to which the peace officer or the child welfare 241 caseworker shall transport the child. 242 Section 3. Effective date. 243 This bill takes effect on May 1, 2024.

Enrolled Copy H.B. 157 1 CHILD CUSTODY FACTOR AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Stephanie Gricius Senate Sponsor: Michael S. Kennedy 2 3 LONG TITLE 4 General Description: 5 This bill modifies factors used in determining custody for minor children in relation to a 6 minor child's gender identity. 7 Highlighted Provisions: 8 This bill: 9 ▸ provides that a parent's approval or disapproval, in itself, of a child's gender identity, is 10 not a factor to be considered: 11 ● in a Division of Child and Family Services determination regarding removal of a 12 child from parental custody; and 13 ● when determining child custody as part of a divorce or other family law proceeding. 14 Money Appropriated in this Bill: 15 None 16 Other Special Clauses: 17 None 18 Utah Code Sections Affected: 19 AMENDS: 20 30-3-10, as last amended by Laws of Utah 2023, Chapters 44, 327 21 80-2a-202, as last amended by Laws of Utah 2023, Chapter 330 22 23 Be it enacted by the Legislature of the state of Utah: 24 Section 1. Section 30-3-10 is amended to read: 25 30-3-10 . Custody of a child -- Custody factors. 26 (1) If a married couple having one or more minor children are separated, or the married 27 couple's marriage is declared void or dissolved, the court shall enter, and has continuing 28 jurisdiction to modify, an order of custody and parent-time. H.B. 157 Enrolled Copy 29 (2) In determining any form of custody and parent-time under Subsection (1), the court 30 shall consider the best interest of the child and may consider among other factors the 31 court finds relevant, the following for each parent: 32 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional 33 abuse, involving the child, the parent, or a household member of the parent; 34 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the 35 developmental needs of the child, including the child's: 36 (i) physical needs; 37 (ii) emotional needs; 38 (iii) educational needs; 39 (iv) medical needs; and 40 (v) any special needs; 41 (c) the parent's capacity and willingness to function as a parent, including: 42 (i) parenting skills; 43 (ii) co-parenting skills, including: 44 (A) ability to appropriately communicate with the other parent; 45 (B) ability to encourage the sharing of love and affection; and 46 (C) willingness to allow frequent and continuous contact between the child and 47 the other parent, except that, if the court determines that the parent is acting to 48 protect the child from domestic violence, neglect, or abuse, the parent's 49 protective actions may be taken into consideration; and 50 (iii) ability to provide personal care rather than surrogate care; 51 (d) in accordance with Subsection (10), the past conduct and demonstrated moral 52 character of the parent; 53 (e) the emotional stability of the parent; 54 (f) the parent's inability to function as a parent because of drug abuse, excessive 55 drinking, or other causes; 56 (g) whether the parent has intentionally exposed the child to pornography or material 57 harmful to minors, as "material" and "harmful to minors" are defined in Section 58 76-10-1201; 59 (h) the parent's reasons for having relinquished custody or parent-time in the past; 60 (i) duration and depth of desire for custody or parent-time; 61 (j) the parent's religious compatibility with the child; 62 (k) the parent's financial responsibility; - 2 - Enrolled Copy H.B. 157 63 (l) the child's interaction and relationship with step-parents, extended family members of 64 other individuals who may significantly affect the child's best interests; 65 (m) who has been the primary caretaker of the child; 66 (n) previous parenting arrangements in which the child has been happy and 67 well-adjusted in the home, school, and community; 68 (o) the relative benefit of keeping siblings together; 69 (p) the stated wishes and concerns of the child, taking into consideration the child's 70 cognitive ability and emotional maturity; 71 (q) the relative strength of the child's bond with the parent, meaning the depth, quality, 72 and nature of the relationship between the parent and the child; and 73 (r) any other factor the court finds relevant. 74 (3) There is a rebuttable presumption that joint legal custody, as defined in Section 75 30-3-10.1, is in the best interest of the child, except in cases when there is: 76 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional 77 abuse involving the child, a parent, or a household member of the parent; 78 (b) special physical or mental needs of a parent or child, making joint legal custody 79 unreasonable; 80 (c) physical distance between the residences of the parents, making joint decision 81 making impractical in certain circumstances; or 82 (d) any other factor the court considers relevant including those listed in this section and 83 Section 30-3-10.2. 84 (4) (a) The person who desires joint legal custody shall file a proposed parenting plan in 85 accordance with Sections 30-3-10.8 and 30-3-10.9. 86 (b) A presumption for joint legal custody may be rebutted by a showing by a 87 preponderance of the evidence that it is not in the best interest of the child. 88 (5) (a) A child may not be required by either party to testify unless the trier of fact 89 determines that extenuating circumstances exist that would necessitate the testimony 90 of the child be heard and there is no other reasonable method to present the child's 91 testimony. 92 (b) (i) The court may inquire of the child's and take into consideration the child's 93 desires regarding future custody or parent-time schedules, but the expressed 94 desires are not controlling and the court may determine the child's custody or 95 parent-time otherwise. 96 (ii) The desires of a child 14 years old or older shall be given added weight, but is not - 3 - H.B. 157 Enrolled Copy 97 the single controlling factor. 98 (c) (i) If an interview with a child is conducted by the court pursuant to Subsection 99 (5)(b), the interview shall be conducted by the judge in camera. 100 (ii) The prior consent of the parties may be obtained but is not necessary if the court 101 finds that an interview with a child is the only method to ascertain the child's 102 desires regarding custody. 103 (6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a 104 parent due to a disability, as defined in Section 57-21-2, in awarding custody or 105 determining whether a substantial change has occurred for the purpose of modifying 106 an award of custody. 107 (b) The court may not consider the disability of a parent as a factor in awarding custody 108 or modifying an award of custody based on a determination of a substantial change in 109 circumstances, unless the court makes specific findings that: 110 (i) the disability significantly or substantially inhibits the parent's ability to provide 111 for the physical and emotional needs of the child at issue; and 112 (ii) the parent with a disability lacks sufficient human, monetary, or other resources 113 available to supplement the parent's ability to provide for the physical and 114 emotional needs of the child at issue. 115 (c) Nothing in this section may be construed to apply to adoption proceedings under 116 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 117 (7) This section does not establish a preference for either parent solely because of the 118 gender of the parent. 119 (8) This section establishes neither a preference nor a presumption for or against joint 120 physical custody or sole physical custody, but allows the court and the family the widest 121 discretion to choose a parenting plan that is in the best interest of the child. 122 (9) When an issue before the court involves custodial responsibility in the event of a 123 deployment of one or both parents who are service members and the service member has 124 not yet been notified of deployment, the court shall resolve the issue based on the 125 standards in Sections 78B-20-306 through 78B-20-309. 126 (10) In considering the past conduct and demonstrated moral standards of each party under 127 Subsection (2)(d) or any other factor a court finds relevant, the court may not: 128 (a) (i) consider or treat a parent's lawful possession or use of cannabis in a medicinal 129 dosage form, a cannabis product in a medicinal dosage form, or a medical 130 cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production - 4 - Enrolled Copy H.B. 157 131 Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid 132 Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently 133 than the court would consider or treat the lawful possession or use of any 134 prescribed controlled substance; or 135 [(b)] (ii) discriminate against a parent because of the parent's status as a: 136 [(i)] (A) cannabis production establishment agent, as that term is defined in Section 137 4-41a-102; 138 [(ii)] (B) medical cannabis pharmacy agent, as that term is defined in Section 139 26B-4-201; 140 [(iii)] (C) medical cannabis courier agent, as that term is defined in Section 141 26B-4-201; or 142 [(iv)] (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, 143 Part 2, Cannabinoid Research and Medical Cannabis[.] ; or 144 (b) discriminate against a parent based upon the parent's agreement or disagreement with 145 a minor child of the couple's: 146 (i) assertion that the child's gender identity is different from the child's biological sex; 147 or 148 (ii) practice of having or expressing a different gender identity than the child's 149 biological sex. 150 Section 2. Section 80-2a-202 is amended to read: 151 80-2a-202 . Removal of a child by a peace officer or child welfare caseworker -- 152 Search warrants -- Protective custody and temporary care of a child. 153 (1) A peace officer or child welfare caseworker may remove a child or take a child into 154 protective custody, temporary custody, or custody in accordance with this section. 155 (2) (a) Except as provided in Subsection (2)(b), a peace officer or a child welfare 156 caseworker may not enter the home of a child whose case is not under the jurisdiction 157 of the juvenile court, remove a child from the child's home or school, or take a child 158 into protective custody unless: 159 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child 160 welfare caseworker of the requirement to obtain a search warrant under 161 Subsection (3); 162 (ii) the peace officer or child welfare caseworker obtains a search warrant under 163 Subsection (3); 164 (iii) the peace officer or child welfare caseworker obtains a court order after the - 5 - H.B. 157 Enrolled Copy 165 child's parent or guardian is given notice and an opportunity to be heard; or 166 (iv) the peace officer or child welfare caseworker obtains the consent of the child's 167 parent or guardian. 168 (b) A peace officer or a child welfare caseworker may not take action under Subsection 169 (2)(a) solely on the basis of: 170 (i) educational neglect, truancy, or failure to comply with a court order to attend 171 school; [or] 172 (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, 173 Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage 174 form, a cannabis product in a medicinal dosage form, or a medical cannabis 175 device, as those terms are defined in Section 26B-4-201[.] ; or 176 (iii) a parent's agreement or disagreement with a minor child of the couple's: 177 (A) assertion that the child's gender identity is different from the child's biological 178 sex; or 179 (B) practice of having or expressing a different gender identity than the child's 180 biological sex. 181 (3) (a) The juvenile court may issue a warrant authorizing a peace officer or a child 182 welfare caseworker to search for a child and take the child into protective custody if 183 it appears to the juvenile court upon a verified petition, recorded sworn testimony or 184 an affidavit sworn to by a peace officer or another individual, and upon the 185 examination of other witnesses if required by the juvenile court, that there is probable 186 cause to believe that: 187 (i) there is a threat of substantial harm to the child's health or safety; 188 (ii) it is necessary to take the child into protective custody to avoid the harm 189 described in Subsection (3)(a)(i); and 190 (iii) it is likely that the child will suffer substantial harm if the child's parent or 191 guardian is given notice and an opportunity to be heard before the child is taken 192 into protective custody. 193 (b) In accordance with Section 77-23-210, a peace officer making the search under 194 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to 195 remove the child. 196 (4) (a) A child welfare caseworker may take action under Subsection (2) accompanied 197 by a peace officer or without a peace officer if a peace officer is not reasonably 198 available. - 6 - Enrolled Copy H.B. 157 199 (b) (i) Before taking a child into protective custody, and if possible and consistent 200 with the child's safety and welfare, a child welfare caseworker shall determine 201 whether there are services available that, if provided to a parent or guardian of the 202 child, would eliminate the need to remove the child from the custody of the child's 203 parent or guardian. 204 (ii) In determining whether the services described in Subsection (4)(b)(i) are 205 reasonably available, the child welfare caseworker shall consider the child's 206 health, safety, and welfare as the paramount concern. 207 (iii) If the child welfare caseworker determines the services described in Subsection 208 (4)(b)(i) are reasonably available, the services shall be utilized. 209 (5) (a) If a peace officer or a child welfare caseworker takes a child into protective 210 custody under Subsection (2), the peace officer or child welfare caseworker shall: 211 (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and 212 (ii) release the child to the care of the child's parent or guardian or another 213 responsible adult, unless: 214 (A) the child's immediate welfare requires the child remain in protective custody; 215 or 216 (B) the protection of the community requires the child's detention in accordance 217 with Chapter 6, Part 2, Custody and Detention. 218 (b) (i) If a peace officer or child welfare caseworker is executing a warrant under 219 Subsection (3), the peace officer or child welfare caseworker shall take the child 220 to: 221 (A) a shelter facility; or 222 (B) if the division makes an emergency placement under Section 80-2a-301, the 223 emergency placement. 224 (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility 225 under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall 226 promptly file a written report that includes the child's information, on a form 227 provided by the division, with the shelter facility. 228 (c) A child removed or taken into protective custody under this section may not be 229 placed or kept in detention pending court proceedings, unless the child may be held 230 in detention under Chapter 6, Part 2, Custody and Detention. 231 (6) (a) The juvenile court shall issue a warrant authorizing a peace officer or a child 232 welfare worker to search for a child who is missing, has been abducted, or has run - 7 - H.B. 157 Enrolled Copy 233 away, and take the child into physical custody if the juvenile court determines that 234 the child is missing, has been abducted, or has run away from the protective custody, 235 temporary custody, or custody of the division. 236 (b) If the juvenile court issues a warrant under Subsection (6)(a): 237 (i) the division shall notify the child's parent or guardian who has a right to 238 parent-time with the child in accordance with Subsection 80-2a-203(5)(a); 239 (ii) the court shall order: 240 (A) the law enforcement agency that has jurisdiction over the location from which 241 the child ran away to enter a record of the warrant into the National Crime 242 Information Center database within 24 hours after the time in which the law 243 enforcement agency receives a copy of the warrant; and 244 (B) the division to notify the law enforcement agency described in Subsection 245 (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and 246 (c) the court shall specify the location to which the peace officer or the child welfare 247 caseworker shall transport the child. 248 Section 3. Effective date. 249 This bill takes effect on May 1, 2024. - 8 -